OSH MANAGEMENT - Work Place Safety and Health Committee

WORK PLACE SAFETY AND HEALTH COMMITTEE

By Faudzil Harun

Based on Malaysian Law

Safety and Health Committee Regulations, 1996 shall apply to safety and health committee established under Section 30 of the OSH Act, 1994. 

The content of the regulation is simplified as follows :

Composition of the Safety and Health Committee

Regulation 5 Membership of Committee

● A safety and health committee shall consist of :

  (a) a chairman (employer or his authorized manager)
  (b) a secretary
  (c) representatives of employer
  (d) representative of employees

● Where 100 persons or less employed, 2 representatives each from the
   employees and the management and where more than 100 persons
   employed, 4 representatives each from the employees and the
   management.

Regulation 6 Appointment of Chairman and Secretary of Committee

● Employer or his authorized manager shall be the chairman. Safety and

   Health Officer shall be the secretary. If there is no Safety and Health

   Officer, the chairman may appoint another person as the secretary.

Regulation 7 Appointment of Other Members of Committee

● Employer shall allow employees to nominate and select their 

   representatives by way of balloting.

Regulation 8 Adequate Employee Representation

● Employees representative should represent various section of work.

Functions of the Safety and Health Committee

Regulation 11 Functions of Committee

(a) Assist in development of safety and health rules and safe system of work.

(b) Review the effectiveness of safety and health programs.
(c) Study, report and recommend corrective action on trend of accident, near

     miss accident, dangerous occurrence, occupational poisoning or

     occupational disease.

(d) Review safety and health policies and recommend revisions.

Regulation 12 Inspection of Place of Work

● Inspect the place of work at least once in every 3 months, discuss the

   findings and recommend corrective measures.

Regulation 13 Investigation into any Accident

● The committee shall inspect the place of work after accident, near miss

   accident, dangerous occurrence, occupational poisoning, occupational

   disease has occurred. If there is safety and health officer employed, he

   shall submit his findings to the chairman. Chairman or the secretary as soon

   as is practicable, call for a meeting to investigate the incident, causes and

   measures to prevent reoccurrence.

Regulation 14 Action to be Taken on Report and Recommendation of

Committee

● Employer or his authorized must discuss recommendation with the safety

   and health officer or chairman and take necessary action and keep the

   report for a minimum period of 7 years.

Regulation 15 Matters to be Considered by Committee

● The committee must take into consideration the report made by safety and

   health officer, reports submitted by safety and health auditors and reports

   made by government agencies.

Regulation 16 Investigation of Complaint

● Employer shall provide and maintain a system of communication for

   employees to make complaints and to take immediate measures.

Regulation 17 Resolution of Complaint

● Employer if unable to implement the recommendations under Regulation 16,

   shall convey his reasons to the committee. If the committee does not agree

   to the reasons given, shall make a request to the Director General to

   undertake an inspection and to resolve the matter.

Regulation 18 Assistance of Committee

● The committee shall assist the employer in competition, talks and other

   promotion activities.

Regulation 19 Rules on Safety and Health

● Employer shall, in consultation of the committee establish rule on safety

   and health and communicate the rule to all employees.

Regulation 20 Sub-committee

● The committee may form a sub-committee, if necessary.

Meeting of the Safety and Health Committee

Regulation 21 Frequency of Meeting

● Not less than once in every 3 months.

● Immediately in the event of accident which result in loss of life or serious

   bodily injury.

Regulation 22 Duty to Provide Facilities

● The employer shall provide suitable place for meeting and allow members to

   attend the meeting.

Regulation 23 Inaugural Meeting

● The employer or its authorized manager must chair the inaugural meeting.

Regulation 24 Quorum

● The chairman, secretary and not less than half of the remaining members

   shall constitute a quorum.

Regulation 25 Non-member May Attend Meeting

● The meeting may invite any person related to any incident or any other

   person.

Regulation 26 Matters to be Discuss at Meeting

● Only matter related to safety and health shall be discussed.

Regulation 27 Minutes of Meeting

● Minutes of meeting shall be given to every member within 2 weeks after the

   meeting and must be kept for a minimum period of 7 years.

Provision of Training and Information 

Regulation 28 Duty to Ensure Basic Knowledge and Functions of

Committee

● The employer shall take the necessary steps to ensure that the committee

   have a basic understanding and knowledge of the functions of the

   committee.

Regulation 29 Duty to Provide Adequate Training

● The employer shall provide adequate training to the committee.

Regulation 30 Duty to Make Available Relevant Document and Information

● The employer shall make available to the committee the following :

   (a) the Act and all subsidiary legislation made under the Act;
   (b) industry codes of practice and guidelines;
   (c) information about safety plans and their implementation;
   (d) technical information about hazards;
   (e) information about operation procedures, system of work and substances

        used.

   (f)  any other information as directed by the Director General.