n4-3 reg 1996 shc
TRANSCRIPT
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Presented by
Mohammad Fadil Abdul WahabGas Engineering Dept
UTM
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Section 30(1) OSHA 1994 statedSection 30(1) OSHA 1994 stated
that every employer with 40 orthat every employer with 40 ormore employees shall establish amore employees shall establish a
SHCSHC
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Preliminary; Regulations name andinterpretation
Composition o !"C Fun#tion o !"C Meeting o !"C
Pro$isions o Training and %normation Penalty
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Regulations which is known as Occupational Safetyand Health (Safety and Health Committee)
Regulations 1996was enforced on 1 January 1997.
These Regulations apply to : a SHC estalished under section !" of the #ct$ and
a SHC for%ed at a place of work efore the
co%%ence%ent of these Regulations shall reorgani&e
itself in accordance with these Regulations within si'
%onths fro% the date of the co%%ence%ent of these
Regulations.
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A!thorised mana"er# a person d!ly a!thorised by
an employer to deal with any matter relatin" to the
sa$ety and health o$ persons employed at the place
o$ wor%
Chairman& chairman o$ the SHC
'irector (eneral& the 'irector eneral o$ OSHappointed !nder the Act (ie ' o$ 'OSH)
)ember& a member o$ a SHC6
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*ear&miss accident& any accident at a place o$
wor% which can ca!se in+!ry to any person ordama"e to any property
a$ety a!dits& the sa$ety and health a!dits o$
plant and systems o$ wor% to ens!re the sa$ety andhealth o$ person employed at a place o$ wor%,
a$ety and health a!ditor& persons
appointed by the employer to cond!ct sa$ety a!dits
at the place o$ wor%,
ecretary& the secretary o$ a SHC 7
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SHC shall consist o$ &a chairman,
a secretary,
representatives o$ employer, andrepresentative o$ employees
-$ 100 persons or less employed. there shall benot less than / representatives each $rom the
employees and the mana"ement
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-$ more than 100 persons employed. there shallbe not less than 4 representatives each $rom the
employees and the mana"ement
An employer or his a!thorised mana"er shall bethe chairman o$ a SHC
he secretary shall be the SHO
-$ no SHO. the chairman may appoint
another person to act as the secretary o$ the
committee or the members may. by ballot.
appoint $rom amon"st themselves the
secretary9
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An employer as% the employee to nominate
their representatives to the SHC. and i$ the
n!mber o$ persons nominated eceed the
n!mber o$ vacancies available. a ballot shall
held to determine the representatives
-$ there are no representative or ins!$$icient
n!mber o$ representatives o$ the employees
are nominated. the employer shall appoint the
re2!ired n!mber o$ persons to represent the
employees
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An employer shall not penalie a member o$ the
committeein any manner $or bein" absent $rom his
normal d!ties at wor% while carryin" o!t the
$!nctions o$ the committee
he representatives shall be able to represent the
vario!s sections o$ a place o$ wor%in order to
maintain and develop the employees interest in
establishin" a sa$e and healthy wor%in" condition at
the place o$ wor%
-$ a vacancy occ!rs amon"st the members o$ the
committee. the vacancy shall be $illed by a person
appointed in the same manner as the previo!s
member whose resi"nation or otherwise has created
the vacancy
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A SHC may remove a member $rom the
committee i$ &
he $ails to attend 3 consec!tive meetin"switho!t leave o$ the chairman,
he has been $o!nd or declared to be o$
!nso!nd mind,
as a representative o$ employees. he is no
lon"er employed at the place o$ wor%,
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A SHC may remove a member $rom the
committee i$ #
there has been proved a"ainst him. or hehas been convicted on. a char"e in
respect o$ #
an o$$ence involvin" $ra!d. dishonesty
or moral t!rpit!de, an o$$ence !nder a law relatin" to OSH,
or
any other criminal o$$ence, or
he is otherwise !nable or incapable o$
dischar"in" his d!ties as a member o$
the committee
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he SHC o$ a place o$ wor% shall &
assist in the development o$ S5H r!les and
sa$e systems o$ wor%,
review the e$$ectiveness o$ S5H pro"rammes
carry o!t st!dies on the trends o$ accident.
near&miss accident. dan"ero!s occ!rrence.
occ!pational poisonin" or occ!pational
disease. and shall report to the employer any
!nsa$e or !nhealthy condition or practices
to"ether with recommendations $or corrective
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review the S5H policies at the place o$ wor%
and ma%e recommendations to the employer
$or any revision o$ s!ch policies
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-nspection o$ place o$ wor%
A SHC shall &
inspect the place o$ wor% at least once every 3months toascertain i$ there is anythin" pre+!dicial
to the S5H o$ persons employed therein,
6rovided that the committee may ma%e $!rtherinspections to chec% the e$$ectiveness o$ the
meas!res ta%en to ens!re the S5H o$ persons at
the place o$ wor%,
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disc!ss. as soon as is practicable. the
observations o$ the members o$ the committee
made d!rin" the inspection and i$ there are
circ!mstances which are pre+!dicial to the S5H o$any person employed therein. shall record the
details o$ s!ch circ!mstances in a report, and
ma%e recommendations to the employer on theremedial meas!res to be ta%en on any matter
pre+!dicial to the S5H o$ persons at the place o$
wor% and shall record s!ch recommendations in
the report
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-nvesti"ation into any accident. etc
A SHC shall inspect the place o$ wor%. as soon as
it is sa$e to do so. a$ter any accident. near&miss
accident. dan"ero!s occ!rrence. occ!pational
poisonin" or occ!pational disease has occ!rred
he SHO shall $!rnish the chairman o$ the
committee with a report o$ his $indin"s. and thechairman or the secretary shall. as soon as is
practicable. a$ter the committee has inspected the
place o$ wor%. convene a meetin" to investi"ate
into s!ch incident
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At the meetin". the committee shall disc!ss
the ca!se o$ the accident. near&miss accident.
dan"ero!s occ!rrence. occ!pational poisonin" or
occ!pational disease and ma%e
recommendations to the employer o$ the
meas!res to be ta%en to prevent the
reocc!rrence o$ s!ch incident
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Action to be ta%en on report and recommendation
o$ committee
A SHO. or the chairman. shall $!rnish the same to
the employer
An employer shall disc!ss the report or
recommendations with the SHO or the chairman.and the o$$icer shall record in the report the
employers decision and shall direct any person
employed to ta%e s!ch action as the employer deems
necessary in the interest o$ the S5H o$ personsemployed
An employer shall %eep a copy o$ the report in the
place o$ wor% $or a minim!m period o$ 7 years
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)atters to be considered by committee
A SHC shall ta%e into consideration the $ollowin" &
any other reports which may be s!bmitted by a
SHO,
the sa$ety a!dits s!bmitted by sa$ety and health
a!ditors,
the reports and $act!al in$ormation provided by
OSH o$$icers, and
the reports by other "overnment a"encies on
matters pertainin" to S5HS5H at place o$ wor%
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-nvesti"ation o$ complaint
An employer shall provide and maintain a system o$
comm!nication to enable employees to ma%e a
complaint on any matter pre+!dicial to the S5H
An employer. shall attend to complaint and shall
ta%e immediate meas!res to eliminate8minimie the
ris% to S5H
here an employer is !nable to dischar"e his
d!ties. the employee may ma%e a similar
complaint. or the employer may re$er the matter. to
the committee
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-nvesti"ation o$ complaint
he committee shall investi"ate the matter and
shall therea$ter prepare a report and ma%e
recommendations to the employer on the ways o$eliminatin"8minimisin" the ris% to S5H at the place
o$ wor%
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:esol!tion o$ complaint
An employer shall implement every
recommendation made. and i$ $or any reason he or
his a!thorised mana"er is !nable to implement anyo$ the recommendations. he shall convey his
reason to the SHC
-$ the committee does not a"ree with any o$ the
reasons "iven by the employer or his a!thorised
mana"er. the committee shall ma%e a re2!est to
the ' to !nderta%e an inspection and to resolvethe matter
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;or the p rposes o$ a re2 est made the committee
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;or the p!rposes o$ a re2!est made. the committee
shall s!bmit to the ' in d!plicate the $ollowin" &
the inspection or investi"ation report,
the recommendations o$ the committee to the
employer, and
any other doc!mentary or material evidence
pertainin" to the complaint
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Assistance o$ committee
A SHC shall assist an employer in any competition
in connection with S5H. tal%s on S5H and any
other activity which is held to promote a sa$e
cond!ct o$ wor% at the place o$ wor%
:!les on sa$ety and health
An employer shall. in cons!ltation with a SHC.
prepare and promote r!les on S5H $or the "!idance
o$ s!ch persons
he r!les may with the approval o$ the employer be
amended. varied or rescinded by the committee
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he employer shall $!rnish to each o$ his
employees a copy o$ the r!les
An OSH o$$icer shall be "iven a copy o$ the
r!les when so re2!ested
A SHC may $orm a s!b&committee to assist
the committee in the per$ormance o$ its
$!nctions
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;re2!ency o$ meetin"s o$ committee
A SHC shall meet as o$ten as necessary
commens!rate with the ris%s attendant on the
nat!re o$ wor% at the place o$ wor% b!t shall
not meet less than once in 3 months
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A meetin" shall be called immediately in theevent o$ an accident which res!lts in loss o$
li$e or serio!s bodily in+!ry to any personor any
other sit!ation which calls $or immediate
attention
At every meetin" o$ a SHC. the chairman. the
secretary and not less than hal$ o$ the
remainin" members present shall constit!te a
2!or!m
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'!ty to provide $acilities
An employer o$ a place o$ wor% shall &
provide a s!itable place at the place o$ wor%$or the SHC to hold its meetin"s, and
permit every member o$ the committee to
attend s!ch meetin"s d!rin" wor%in" ho!rs
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-na!"!ral meetin"
An ina!"!ral meetin" o$ a SHC shall be convened
by the employer o$ the place o$ wor%
At the ina!"!ral meetin" the employer shall ma%e
%nown his S5H policies. plans and proposals to
establish a S5H wor%in" condition at the place o$
wor%
An employer may appoint his a!thorised mana"er
to chair a meetin" o$ the committee in his absence
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*on&member may attend meetin"
A SHC may invite any person who is involved in or
has %nowled"e o$ any accident. near&miss
accident. dan"ero!s occ!rrence. occ!pationalpoisonin" or occ!pational disease which has
occ!rred at to attend any meetin" o$ the
committee d!rin" which s!ch incident shall be
disc!ssed
he committee may invite any other person to any
o$ its meetin"s to disc!ss any matter pertainin" to
OSH
)in!tes o$ meetin"
Only matters relatin" to S5H at the place o$ wor%
shall be disc!ssed at any meetin" o$ a SHC32
A copy o$ the min!tes o$ every meetin" o$ a SHC
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A copy o$ the min!tes o$ every meetin" o$ a SHC
shall be $!rnished to every member o$ the
committee and the employer within / wee%s a$ter
the meetin" has ta%en place
he employer shall %eep a copy o$ the min!tes o$
the meetin" o$ the committee at the place o$ wor%
$or a minim!m period o$ 7 years $or p!rposes o$
inspection by OSH o$$icer ('osh)
An OSH o$$icer may at any time re2!ire $or a copy
o$ s!ch min!tes to be $!rnished to him and the
employer shall $orthwith comply with s!ch
re2!irement
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An employer shall ta%e s!ch steps to ens!re that
members o$ the SHC have a basic !nderstandin"
and %nowled"e o$ the $!nctions o$ the committee
!nder the Act
An employer shall ta%e s!ch steps as are
reasonably practicable to provide the members a
SHC with ade2!ate trainin" in OSH so as to enable
them to per$orm the $!nctions o$ the committee
e$$ectively
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An employer shall ma%e available to a SHC the
$ollowin" doc!ments and in$ormation&
the Act and all s!bsidiary le"islation made
!nder the Act,
ind!stry codes o$ practice and "!idelines
relatin" to the elimination o$ ris%s to sa$ety and
health associated with the nat!re o$ wor%
carried o!t at the place o$ wor%. and s!ch
other relevant codes o$ practice,
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in$ormation abo!t sa$ety plans and their
implementation. and any proposed chan"es to
the sa$ety plans a$$ectin" the S5H o$
employees,
technical in$ormation abo!t sa$ety and health
haards and the preca!tions necessary to
eliminate or minimie them,
in$ormation abo!t operation proced!res.
systems o$ wor%. and s!bstances $or !se at
wor% and other relevant data pertainin" toS5H , and
any other in$ormation as directed by the '
$rom time to time 36
An employer shall not ma%e available to a SHC the
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An employer shall not ma%eavailable to a SHC the
$ollowin" in$ormation &
any in$ormation the disclos!re o$ which wo!ld
be pre+!dicial to the interest o$ national sec!rity,
any in$ormation relatin" speci$ically to an
individ!al. !nless he has consented to its
disclos!re,
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any in$ormation the disclos!re o$ which wo!ld.
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any in$ormation the disclos!re o$ which wo!ld.
$or reasons other than its e$$ect on health.
sa$ety or wel$are at wor%. ca!se s!bstantial in+!ry
to the employer=s !nderta%in" or. where thein$ormation was s!pplied to him by some other
person. to the !nderta%in" o$ that other
person,
any in$ormation obtained by the employer $or
the p!rpose o$ instit!tin". prosec!tin" or
de$endin" any le"al proceedin"s
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A person who by any act or omission
contravenes any o$ the provisions o$ these
:e"!lations shall be "!ilty o$ an o$$ence and
shall. on conviction. be liable to a $ine not
eceedin" :>.000 or to imprisonment $or a
term not eceedin" ? months or both