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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