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PART VII

SAFETY AND HEALTH ORGANIZATIONS

28. Medical surveillance.

(1) Where it appears to the Minister that in any of the industries or class or description of industries

(a) cases of illness have occurred which he has reason to believe may be due to the nature of the process or other conditions of work;

(b) by reason of changes in any process or in the substances used in any process or, by reason of the introduction of any new process or new substance for use in a process, there may be risk of injury to the health of persons employed in the process;

(c) persons below the age of sixteen years are or are about to be employed in work which may cause risk of injury to their health; or

(d) there may be risk of injury to the health of persons employed in any of the occupations specified in the Third Schedule, or from any substance or material brought to the industries to be used or handled therein or from any change in the conditions in the industries,

he may make regulations requiring such reasonable arrangements as may be specified in the regulations to be made for the medical surveillance and medical examination, not including medical treatment of a preventive character, of the persons or any class of persons employed in the industries or class or description of industries.

(2) Regulations made under this section may require the medical surveillance to be carried out by persons registered with the Director General, and may prescribe the qualifications and other conditions which are to be satisfied in order to be registered for the purpose of this section.

(3) A person who contravenes the provisions of this section or any regulation made thereunder shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.

29. Safety and health officer.

(1) This section shall apply to such class or description of industries as the Minister may, by order published in the Gazette, specify.

(2) An occupier of a place of work to which this section applies shall employ a competent person to act as a safety and health officer at the place of work.

(3) The safety and health officer shall be employed exclusively for the purpose of ensuring the due observance at the place of work of the provisions of this Act and any regulation made thereunder and the promotion of a safe conduct of work at the place of work.

(4) The safety and health officer shall possess such qualifications or have received such training as the Minister may, by notification in the Gazette, from time to time prescribe.

(5) An occupier who contravenes the provisions of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to a term of imprisonment not exceeding six months or to both.

30. Establishment of safety and health committee at place of work.

(1) Every employer shall establish a safety and health committee at the place of work accordance with this section if

(a) there are forty or more persons employed at the place of work; or

(b) the Director General directs the establishment of such a committee at the place of work.

(2) The composition of a safety and health committee established under subsection (1), the election or appointment of persons to the committee, the powers of the members of the committee, and any other matter relating to the establishment or procedure of the committee shall be as prescribed .

(3) Every employer shall consult the safety and health committee with a view to the making and maintenance of arrangements which will enable him and his employees to co-operate effectively in promoting and developing measures to ensure the safety and health at the place of work of the employees, and in checking the effectiveness of such measures.

(4) A person who contravenes the provisions of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.

31. Functions of safety and health committee.

The safety and health committee established at a place of work pursuant to section 30

(a) shall keep under review the measures taken to ensure the safety and health of persons at the place of work;

(b) shall investigate any matter at the place of work

(i) which a member of the committee or a person employed thereat considers is not safe or is a risk to health; and

(ii) which has been brought to the attention of the employer;

(c) shall attempt to resolve any matter referred to in paragraph (b) and, if it is unable to do so, shall request the Director General to undertake an inspection of the place of work for that purpose; and

(d) shall have such other functions as may be prescribed.