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WHAT ARE MY DUTIES AS A DESIGNER, FORMULATOR, MANUFACTURER, IMPORTER OR SUPPLIER ?

It shall be your duty as a designer, formulator, manufacturer, importer or supplier :

• to ensure, as far as is practicable, that the plant or substances is safe and without risks to health when properly used
• to carry out or arrange for carrying of such testing and examination as may be necessary for the performance of the duty imposed on you
• provide adequate information about the use of such plant or substance so that it will be safe and without risk to health when properly used
• designers or manufacturers of plant, and manufacturers or supplier of substance for use at work shall carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is practicable, the elimination or minimization of any risk to safety or health to which the design or plant may give rise
• erectors or installers of plant to ensure so far as is practicable, that nothing about the way in which it is erected or installed makes it unsafe or a risk to health when properly used by persons at work

If you contravene this provision of the Act, you shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding RM20,000 or to imprisonment for a term not exceeding 2 years or to both.

WHAT ARE THE DUTIES OF A SAFETY AND HEALTH OFFICER ?

A safety and health officer shall advise employer on the measures to be taken in the interests of safety and health at place of work.

Safety and health officer shall inspect place of work to determine any hazard liable to cause bodily injury and to investigate any accident, near miss, dangerous occurrence, occupational poisoning or disease.

It is also the duty of a safety and health officer to assist employer or safety and health committee in organizing and implementing Occupational Safety and Health programme.

Other duties of a safety and health officer include

• to become the secretary of a safety and health committee
• to assist the safety and health committee in inspections
• to collect, analyze and maintain statistics
• to assist any officer in carrying his duty under the Act and regulations and
• to carry out any other instruction made by the employer on any matters pertaining to safety and health at workplace.

IS IT COMPULSORY TO ESTABLISH A SAFETY AND HEALTH COMMITTEE AT WORKPLACE ?

Pursuant to section 30 of the Occupational Safety and Health Act 1994, every employer shall establish a safety and health committee at workplace if there are 40 or more persons employed at the place of work.

A person who contravenes the above provisions shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding RM5,000 or imprisonment for a term not exceeding 6 months or to both.

The functions of the safety and health committee include :

• to keep under review the measures taken to ensure the safety and health of persons at the place of work
• investigate any matter at the place of work which a member of the committee or a person employed thereat considers is not safe or is a risk to health and which has been brought to the attention of the employer
• attempt to resolve any matter referred to and if it is unable to do so, shall request the Director General of Occupational Safety and Health to undertake an inspection of the place of work for that purpose.