Health and Safety Compliance Audit Report

This assignment presents a detailed health and safety compliance audit report for the company Pembinaan Tuju Setia Sdn Bhd. It covers various aspects of health and safety regulation compliance, including consultation with employees, manual handling operations, first aid training, and more. The report utilizes tables to present findings from system and site audits, highlighting both compliant and non-compliant areas. Action plans and recommendations are provided for each area of evaluation, aiming to enhance the company's overall health and safety performance.

Running head: OSHA LEGISLATION
OSHA legislation
Name of the Student
Name of the University
Author note

1OSHA LEGISLATION
Task 1
A
The legal register for Tuju Setia Holdings Sdn. Bhd is evaluated in this section of the paper.
The register incorporates the Health and Safety at Work etc Act 1974. This is the main health
and safety legislations which provides the common duties of the employers towards the
employees and what the employees owe to each other and to themselves. The legislation
although is incorporated in the policy and supporting documentation its compliance enhanced if
it is incorporated into the code of conduct for the employees. the evaluation of the compliance is
done through system and sites audits both internal and external. However it would have been
better if employee feedback was also obtained for the purpose of evaluating compliance.
The register also addresses the Work Place (Health, Safety and Welfare) Regulations 1992
ACOP L24. The legislation addresses issues related to welfare facilities, ventilation, workstation
and heating and lightning. The policy is included in the Health and Safety Policy and risk
assessments which is a good example of how the legislation has to be incorporated however its
evaluation can also be done through incorporating employee feedback along with system and site
audits.
The register acknowledges and incorporates the Control of Asbestos Regulations 2012 ACOP
L127 , L143 which is in relation to the management of asbestos in the workplace which also
provides for the identification of asbestos containing materials and keeping asbestos register. For
the propose of implementing the system into the organization it is recorded in risk assessment
and asbestos register. The evaluation of compliance is done through system audits and surveys.
However the compliance evaluation should also be done by asking questions to the employees
related to their knowledge about asbestos and its implications.

2OSHA LEGISLATION
Generally all other legislations which have been identified by the legal register such as Control
of Lead at Work Regulations 2002 ACOP L132, Control of Noise at Work Regulations 2005
Guidance L108, INDG362, Control of Substances Hazardous to Health (COSHH), Electricity at
Work Regulations 1989, Guidance HSR25, HSG85 & IEE Wiring Regulations, Employers’
Liability (compulsory Insurance) Act 1969 Guidance HSE40 have been incorporated properly
into the organization with its primary compliance assessment through System. Site audits and
management inspections however they must also incorporate employee feedback.
B
Checklist
ANUGERAH CEMERLANG KESELAMATAN DAN KESIHATAN PEKERJAAN
KEBANGSAAN 2013
A. Butir-butir Syarikat/Organisasi Yang Memohon:
Nama Syarikat/Organisasi:
____________________________________________________________
Alamat:
___________________________________________________________________________
Pegawai Yang DiHubungi:__________________________________ No.
H/P:__________________
No. Tel : ______________________ No. Fax :
________________________
*Tempat Yang Di Audit
(Alamat):________________________________________________________
________________________________
__________________________________________________
B. Penyertaan Jenis Industri Yang Dipohon (Sila √ pada kotak) Tarikh
Audit:______________

3OSHA LEGISLATION
Pengilangan - Industri Besar
Kategori Elektrik / Electronik
Kemudahan:
Jenis:_____________________________
__
Pengilangan - Industri Besar
Kategori Petrolium / Gas / Kimia
Pengangkutan
Jenis:_____________________________
__
Pengilangan - Industri Besar
Kategori - Lain-lain Pengilangan
Penyimpanan
Jenis:_____________________________
__
Industri Kecil dan Sederhana
(Industri dimana mempunyai modal
berbayar kurang dariapada RM25 juta
dan mempunyai pekerja sepenuh
masa kurang daripada 150 orang)
Komunikasi
Jenis:_____________________________
__
Perlombongan Dan Penguarian Perdagangan Borong Dan Runcit
Pembinaan Hotel dan Restoran
Pertanian Kewangan, Insurans, Harta Tanah Dan
Perkhidmatan Perniagaan
Perhutanan Perkhidmatan Awam dan Pihak Berkuasa
Tempatan
Perikanan
C. Maklumat Juruaudit Anugerah :
Juruaudit 1 (Ketua) Juruaudit 2 Juruaudit 3
Tandatangan:
_________________
Nama:
_____________________
Jawatan:
____________________
JKKP:
_______________________
No. H/P:
_____________________
Tarikh:
______________________
Tandatangan:
_________________
Nama:
_____________________
Jawatan:
____________________
JKKP:
_______________________
No. H/P:
_____________________
Tarikh:
______________________
Tandatangan:
_________________
Nama:
_____________________
Jawatan:
____________________
JKKP:
_______________________
No. H/P:
_____________________
Tarikh:
______________________

4OSHA LEGISLATION
*Sila isikan semua maklumat dengan lengkap dan jelas sebelum hantar balik ke Majlis
Negara.
1.0 Scoring System
The Occupational Safety and Health-Management System (OSHMS MS: 1722) audit checklist
and software has been developed to complement the OSHMS Guidelines. The OSH-MS
comprises of five elements, A) policy, B) Organizing, C) Planning and Implementation, D)
Evaluation, and E) Action for Improvement, and 16 measures. A total of 225 OSH indicators
have been developed to evaluate the 16 measures (Table 1). Each of the indicators in the audit
checklist is to be rated from 0 to 4, with each of the rating representing amount of compliance to
the requirement or expectation of the indicators. The rating scheme is as shown in Table 2. When
assigning the rating, the auditor is to consider the scope and breadth of implementation and the
results achieved. To promote continual improvement, a system of levels of achievement has been
incorporated. The final score and levels of OSH achievement in the enterprise are as shown in
Table 3.
2.0 Method
1) Allocate rating according to Table 2 for each indicator.
2) Sum up the score at the bottom of the element.
3) Identify the level of achievement based on Table 3.
Table 1. Total Number of Indicators by Elements and Measures
Element
Measure No. of
Indicator
A Policy
A1. OSH
Policy……………………………………………………………………
.
15
Aii. Worker Participation……………………………………………...... 14
Total 29
B Organizing
Bi. Responsibility and Accountability………………………………. 20
Bii. Competency and
Training…………………………………………..
14
Biii. Documentation &
Record…………………………………………….
18

5OSHA LEGISLATION
Biv.
Communication…………………………………………………………
…
7
Total 59
C Planning and Implementation
Ci Initial
Review……………………………………………………………….
12
Cii Syetem Objectives
……………………………………………………..
9
Ciii System Planning, Development and Implementation… 9
Table 1. Total Number of Indicators by Elements and Measures (con’t)
Element
Measure No. of
Indicator
C Civ Hazard Prevention
Civ.a
General…………………………………………………………..
10
Civ.b Management of Change…………………………………. 7
Civ.c Emergency Prevention, Preparedness
and Response……………………………………………….
12
Civ.d Procurement…………………………………………………. 3
Civ.e
Contracting……………………………………………………
8
Total 70
D Evaluation
Di Performance Monitoring and Measurement……………… 20
Dii Accident / Injury Investigation & Reporting……………. 7
Diii
Audit………………………………………………………………………
….
11
Div Management Review……………………………………………….. 13

6OSHA LEGISLATION
Total 51
E Action for Improvement
Ei Preventive and Corrective Action……………………………. 5
Eii Continual Improvement………………………………………….. 11
Total 16
Grand Total 225
Table 2. OSH Indicator Rating
4 Basically all of our people or activities meet the stated criteria or their intent
with excellent results achieved
75 –
100%
3 Most of our people or activities meet the criteria or their intent with good
results 51 – 74%
2 About half of our people or activities meet the criteria or their intent with
positive result 50%
1 Some or a few of our people or activities meet the criteria or their intent with a
few positive results 1 – 49%
0 None of our people or activities meet the criteria and no positive results are
evident 0%
Table 3. Levels of Achievement of OSH-MS by score
Level Score
Level 10 90-100
Level 9 80-89
Level 8 70-79
Level 7 60-69
Level 6 50-59
Level 5 40-49
Level 4 30-39
Level 3 20-29
Level 2 10-19
Level 1 0-9
3.0 Score Summary
Element
Measure
Max.
Score
Points
Scored
Weightage
(%)
Weighted
Score *
(%)
A Policy

7OSHA LEGISLATION
A1. OSH Policy 60
Aii. Worker Participation 56
Total 116 10
B Organizing
Bi. Responsibility and Accountability 80
Bii. Competency and Training 56
Biii. Documentation & Record 72
Biv. Communication 28
Total 236 15
C Planning and Implementation
Ci Initial Review (Not Applicable) 0 0 0 0
Cii System Objectives 36
Ciii System Planning, Development and
Implementation
36
Civ Hazard Prevention
Civ.a General 40
Civ.b Management of Change 28
Civ.c Emergency Prevention,
Preparedness and Response
48
Civ.d Procurement 12
Civ.e Contracting 32
Total 232 60
D Evaluation
Di Performance Monitoring and
Measurement
80
Dii Accident / Incident Investigation &
Reporting
28
Diii Audit 44
Div Management Review 52
Total 204 10
E Action for Improvement
Ei Preventive and Corrective Action 20
Eii Continual Improvement 44
Total 64 5
Total Score (852)
* Weighted score = point scored X weightage

8OSHA LEGISLATION
A. Policy
i. OSH Policy
Indicator Score (0-4) Comment
1
A written OSH policy has been developed *
[*If the company does not have a written safety & health
policy, the rest of the questions for section OSH policy ( 2
to 10vi) do not need to be answered. Please continue to
other sections].
4
Appropriate
policy has
been
developed
2
The OSH policy has been developed in consultation with
the safety and health committee, employees and their
representatives.
4 yes
3 The policy is specific to the nature and activities of the
organisation.
3
Yes, but
could have
been bettter
by more
sepcifically
addressing
operations in
a
construction
industry
4
The policy is cleary written in languages understandable
to all level of personel in the organisation (at least in
Malay & English languages).
4 yes
5
A senior management officer has been identified in the
OSH policy
(e.g. a personnel co-ordinating OSH program could be
identified).
4 Yes
6
The policy is made effective by the signature or
endorsement of the chief executive officer (CEO). 4 Yes

9OSHA LEGISLATION
7
The policy is communicated to all persons at their place of
work (at the time of employment or during the induction
course or at appropriate interval).
4 Yes
8
The policy is readily accessible to all persons at their
place of work (policy is desplayed at strategic location in
the organisation).
4 Yes
9
The policy is made available to relevant external
interested parties (such as DOSH & contractors). 3
It has been
but not
directly
relevant
10I
The OSH policy includes objective to protect the safety
and health of employees & third parties of the
organisation.
4 Yes
10ii The OSH policy includes objective to comply with
relevant OSH national laws and regulations.
4 Yes
10ii
i
The OSH policy includes objective to ensure that workers
and their representatives are consulted in all elements of
the OSH-MS.
4 Yes
10iv
The OSH policy includes objective to ensure workers are
encouraged to actively participate in all elements of the
OSH-MS.
4 Yes
10v The OSH policy includes objective for continual
improvement in performance of the OSH-MS.
2
No it does
not include
objective for
continual
improvemen
t in
performance
in details.
10vi The OSH policy is integrated in other management system
in the organisation (e.g. ISO 14000, ISO 9000 & other
management system as appropriate).
0 No, The
OSH policy
is not
integrated in
other
management
system in
the

10OSHA LEGISLATION
organisation
score
(min = 0, max = 60) 52
ii. Worker Participation
Indicator
Score (0-
4)
Comment
1i The employer ensures that workers and their
representative are consulted on relevant aspects of OSH.
2
Appropriate
feedback and
involvemnet is
not in place
1ii The employer ensure that workers and their representative
are informed on relevant aspects of OSH.
4 Yes
1iii The employer ensure that workers and their representative
are trained on relevant aspects of OSH.
3 Yes but not to
an optimim
extent
2i The employer makes time for workers and their
representative to participate in the processes of
organising, planning and implementation, evaluation and
action for improvement of the OSH-MS.
4 yes
2ii The employer makes resources available for workers and
their representative to participate in the processes of
organising, planning and implementation, evaluation and
action for improvement of the OSH-MS.
4 yes
3i The employer ensure the establishment of a safety and
health committee as stipulated in Safety & Health
Committee Regulation 1996.
4 yes
3ii The employer ensure the efficient functioning of a safety
and health committee.
4 yes

11OSHA LEGISLATION
4 Employees show co-operation with the employers on
safety and health policies (e.g. employees are able to
demonstrate their OSH responsibilities).
3 Corporation is
present
however it can
be enahnced
5 Employees partake as member in the safety and health
committee (employees are represented in the safety and
health committee as stipulated in Section 30 & 31 of
OSHA 1994).
2 Comprehensiv
e complaiance
is not ensured
6 Employees have been given an explanation of their OSH
responsibilities during their induction or at least at the
time of employment.
4 yes
7 Employees have received a copy of the OSH policy,
procedures and plans (e.g. company safety handbook or
safe work procedure.)
4 yes
8I Employees will not be dismissed or discriminated
because they are members of safety and health
committee.
4 yes
8ii Employees will not be dismissed or discriminated
because they report unsafe acts (e.g. accident reporting).
4 yes
8iii Employees will not be dismissed or discriminated
because they are members of trade unions, as appropriate.
4 yes
score
(min = 0, max = 56)
54

12OSHA LEGISLATION
B. Organizing
i. Responsibility and Accountability
Indicator
Score (0-
4)
Comment
1 The employer understand his/her overall responsibility for the
protection of workers' safety and health.
4 yes
2 The employer provide leadership for OSH activities in the
organisation.
4 yes
3 The employer assign responsibility for the development,
implementation and performance of the OSH-MS.
4 yes
4 The employer allocate accountability for the development,
implementation and performance of the OSH-MS.
2 Accountabilit
y has not been
allocated
appropriatley
5 The employer allocate authority for the development,
implementation and performance of the OSH-MS.
4 yes
6 The employer ensure line-management responsibility.
4 yes
7 The employer communicate to the member of the
organisation the responsibility, accountability and authority
of persons who identify, evaluate or control hazards/ risks.
4 yes
8 The employer provide effective supervision to ensure the
protection of workers' safety and health.
4 yes
9 The employer promote cooperation among members of the
organisation.
4 yes
1
0
The OSH arrangement in the organisation fulfil the principles
of OSH -MS contained in the national guidelines.
4 yes
1
1
The OSH-MS establish and implement a clear OSH policy
and measurable objectives.
4 yes

13OSHA LEGISLATION
1
2
The OSH-MS establish effective arrangement to identify and
eliminate or control of hazard.
4 yes
1
3
The OSH-MS established health promotion program.
4 yes
1
4
The OSH-MS ensure effective arrangement for the full
participation of workers and their representative.
4 yes
1
5
The OSH-MS provide appropriate resources to ensure that
person responsible for OSH can perform their functions
properly.
4 yes
1
6
The OSH-MS ensure effective arrangement for the full
participation of workers and their representatives in safety
and health committee.
3 yes
1
7
A person has been appointed for the development,
implementation, periodic review and evaluation of the OSH-
MS.
2 yes
1
8
A person has been appointed for periodic reporting to the
senior management on the performance of the OSH-MS.
4 yes
1
9
A person has been appointed for promoting the participation
of all members of the organisation.
4 yes
2
0
Senior management ensures flow charts show and clarify
OSH responsibilities.
4 yes
score
(min = 0, max = 80)
75
Ii. Competence and Training

14OSHA LEGISLATION
Indicator
Score
(0-4)
Comment
1 The employer has defined OSH competency requirements.
4 yes
2 Arrangement exist to ensure that all employees are competent
to carry out the safety and health aspects of their duties and
responsibilities.
4 yes
3 The organisation is competent to identify hazards.
3 Yes, but not
all hazards
4 The organisation is competent to eliminate or control the
hazards.
4 yes
5 The organisation is competence to implement the OSH-MS.
3 Yes, but
complaice
can be
strengethene
d
6 OSH competency training cover all members of the
organisation.
3 Yes, but
some
external staff
are not
included
7 OSH competency training is conducted by competent persons.
4 yes
8 Timely initial training is conducted at appropriate interval.
4 yes
9 Timely refresher training is conducted at appropriate interval.
4 yes
10 Training includes participant evaluation of their
comprehension.
4 yes
11 Training is reviewed periodically.
2 yes
12 Training is documented.
4 yes
13 Training is provided to all participants at no cost.
3 Yes, but
some
external staff
are not
included
14 The organisation has allocated sufficient funding and
4 yes

15OSHA LEGISLATION
resources for OSH training program.
score
(min = 0, max = 56) 50
iii. Documentation & Record
Indicator
Score
(0-4)
Comment

16OSHA LEGISLATION
1 OSH management system documentation is established and
maintained.
4 yes
2i Documentation includes OSH policy and objectives of the
organization.
4 yes
2ii Documentation includes OSH management roles and
responsibility.
4 yes
2iii Documentation includes identification of hazard and risk
arising from the organization's activities.
3 Yes but not all
documents
2iv Documentation includes arrangements for hazards
prevention and control.
3 Yes but not
comprehensivel
y
2v Documentation includes arrangement, procedures,
instructions or other internal documents used within the
framework of the OSH management system.
4 yes
3i The documentation is clearly written and presented in a
way that is understood by those who have to use it.
4 yes
3ii The documentation is periodically reviewed.
4 yes
3iii The documentation is accessible to all appropriate members
of the organization.
yes
4 OSH record is established and maintained.
4 yes
5 Employee is able to access to records relevant to their
working environment and health while respecting the need
for confidentiality.
4 yes
6i Record includes work-related injuries, diseases and
incidents.
4 yes
6ii Record includes National laws or regulations dealing with
OSH.
4 yes
6iii Record includes records of workers exposures.
4 yes
6ix Record includes surveillance of the working environment.
4 yes
6x Record includes workers' health surveillance.
4 yes

17OSHA LEGISLATION
6xi Record includes result of proactive monitoring.
4 yes
6xi
i
Record includes result of reactive monitoring.
4 yes
score
(min = 0, max = 72)
70
iv. Communication
Indicator Score (0-
4) Commen
t
1 Arrangement and procedure established for receiving internal
and external communications related to OSH.
4 yes
2 Arrangement and procedure established for documenting
internal and external communications related to OSH.
4 yes
4 yes

18OSHA LEGISLATION
3 Arrangement and procedure established for responding
appropriately to internal and external communications related to
OSH.
4 Arrangement and procedure established and maintained to
ensure the internal communication of OSH information between
relevant levels and functions of the organization.
4 yes
5i
Arrangement and procedure established and maintained to
ensure the concerns, ideas and inputs of workers and their
representatives on OSH matters are received.
4 yes
5ii Arrangement and procedure established and maintained to
ensure the concerns, ideas and inputs of workers and their
representatives on OSH matters are considered.
4 yes
5ii
i
Arrangement and procedure established and maintained to
ensure the concerns, ideas and inputs of workers and their
representatives on OSH matters are responded to.
4 yes
score
(min = 0, max = 28) 28

19OSHA LEGISLATION
C. Planning and Implementation
i. Initial review
Indicator Score (0-
4) Commen
t
1 In organization without OSH-MS, initial review is carried out as
a basis for establishing an OSH-MS.
Not
Applicabl
e
-
2 Initial review has been carried out on existing OSH-MS.
Not
Applicabl
e
-
3 Initial review has been carried out on other OSH arrangements.
Not
Applicabl
e
-
4 The initial review is carried out by competent person.
Not
Applicabl
e
-
5i
The initial review include identify the current applicable
national laws and regulations, national guidelines, voluntary
programs and other requirements.
Not
Applicabl
e
-
5ii The initial review include identify, anticipate and assess hazards
Not
Applicabl
-

20OSHA LEGISLATION
and risks to safety and health arising from the existing work
environment. e
5ii
i
The initial review include identify, anticipate and assess hazards
and risks to safety and health arising from the proposed work
environment.
Not
Applicabl
e
-
5iv The initial review include determine whether planned or existing
controls are adequate to eliminate hazards.
Not
Applicabl
e
-
5v The initial review include analyze the data provided from
workers' health surveillance.
Not
Applicabl
e
-
6i The result of the initial review is documented.
Not
Applicabl
e
-
6ii The result of the initial review is the basis for making decisions
regarding the implementation of OSH-MS.
Not
Applicabl
e
-
6ii
i
The result of the initial review provides a baseline from which
continual improvement of the organization's OSH-MS can be
measured.
Not
Applicabl
e
-
score
(min = 0, max = 48) 0

21OSHA LEGISLATION
ii. System Objectives
Indicator Score (0-
4) Comment
1i The OSH objectives are consistent with the OSH policy and
based on initial or subsequent reviews.
4 yes
1ii The OSH objectives are based on initial or subsequent
reviews.
4 yes
2i The OSH objectives are specific to the organization
(appropriate to and according to its size and nature of
activity).
2
The OSH
objectives
are not
specific to
the
organizatio
n but are
general in
nature
2ii The OSH objectives are consistent with the relevant national
laws and regulations, and the technical and business
obligation of the organization with regard to OSH.
4 yes
2iii The OSH objectives are focused towards continually
improving workers' OSH protection to achieve the best OSH
performance.
4 yes
2iv The OSH objectives are realistic and achievable.
4 yes
4 yes

22OSHA LEGISLATION
2v The OSH objectives are documented.
2vi The OSH objectives are communicated to all relevant
functions and levels of the organization.
4 yes
2vi
i
The OSH objectives are periodically evaluated and if
necessary updated.
4 yes
score
(min = 0, max = 36) 34

23OSHA LEGISLATION
iii. System Planning, Development, and Implementation
Indicator Score (0-4)
Commen
t
1 Planning support the minimum and compliance with national
laws and regulations.
4 yes
2 Planning support the elements of the organization's OSH-MS.
4 yes
3 Planning support continual improvement in OSH performance.
4 yes
4 Arrangement has been made for adequate OSH planning.
4 yes
5i The planning includes a clear definition, priority setting and
quantification of the organization's OSH objectives.
4 yes
5ii The planning include the preparation of a plan for achieving
each objective, with defined responsibility and clear
performance criteria indicating what is to be done by whom and
when.
2 Some of
the
aspects
are
missing
5ii
i
The planning includes the selection of measurement criteria for
confirming that the objectives are achieved.
4
yes
5iv The planning includes the provision of adequate resources,
including human and financial resources and technical support
as appropriate.
4 yes
6 The planning covers the development and implementation of all
the OSH-MS elements.
4 yes
score
(min = 0, max = 36) 34

24OSHA LEGISLATION
iv. Hazard Prevention & Control
iv. a General
Indicator
Score (0-4) Comment
1 Hazards and risks have been identified on an ongoing basis.
4 yes

25OSHA LEGISLATION
2 Hazards and risks have been assessed on an ongoing basis.
3 More
frequent
assessmen
t is
required
3 Hazards and risks have been controlled on an ongoing
basis.
4 yes
4 Hazard control plans can be found in action.
4 yes
5 Hazard controls are continually improved based on
workplace experience and general knowledge.
4 yes
6 Specific examples exist to demonstrate that controls
implemented have been based on the hierarchy of options.
4 yes
7 Methods by which the control measures are monitored can
be demonstrated at the workplace.
4 yes
8 Considerable actions have been taken to ensure use, operate,
handling, storage and transport of plant and substances are in
safe manner.
4 yes
9 There is a comprehensive safety and preventive
maintenance program to maximise equipment reliability.
4 yes
10 The means of access and egress at the workplace are
maintained well.
4 yes
score
(min = 0, max = 40) 39

26OSHA LEGISLATION
iv.b Management of Change
Indicator Score (0-
4) Comment
1 Internal and external changes on OSH-MS are evaluated.
4 yes
2 Appropriate preventive steps have been taken prior to the
introduction of changes.
4 yes
3i Workplace hazard identification and risk assessment is carried
out before any modification or introduction of new work
methods, materials, processes or machinery.
3 The
process
can be
enhanced
3ii Assessment is done in consultation with and involving workers
and their representatives, and the safety and health committee,
where appropriate.
4 yes
3ii Assessment is done in consultation with and involving supplier,
4 yes

27OSHA LEGISLATION
i contractor and vendor, where appropriate.
4i Prior to the implementation of a "decision of change", all
affected members of the organization are properly informed.
4 yes
4ii Prior to the implementation of a "decision of change", all
affected members of the organization are properly trained.
4 yes
score
(min = 0, max = 28)
27

28OSHA LEGISLATION
iv.c Emergency Prevention, Preparedness and Response
Indicator
Score
(0-4)
Comment
1 Emergency prevention, preparedness and response
arrangements have been established and maintained.
4 yes
2 The arrangements ensure that the necessary information,
internal communication and coordincation are provided to
protect all people in the event of an emergency.
4 yes
3I The arrangement provide information to, and communication
with the competent authorities.
2 More effort
is required
3ii The arrangement provide information to, and communication
with the neighbourhood.
4 yes
3ii
i
The arrangement provide information to, and communication
with the emergency response services.
4 yes
4I The arrangements address first-aid and medical assistenace.
4 yes
4ii The arrangements address firefighting arrangements.
4 yes
4ii
i
The arrangements address avacuation of all people at the
worksites.
yes
5 The arrangements provide relevant information and training to
all members of the organisation, at all levels, including regular
exercises in emergency prevention, preparedness and response
procedures.
3 Not all
arrangement
s are in place
6 Personnel trained in first aid and emergency medical are
4 yes

29OSHA LEGISLATION
always available during working hour.
7 Personnel responsible for emergency response plan has been
identified.
4 yes
8 Emergency response team has established at the site.
4 yes
score
(min = 0, max = 48) 45
iv.d Procurement

30OSHA LEGISLATION
Indicator Score (0-
4) Comment
1 OSH procedures are incorporated into purchasing and leasing
specifications.
4 yes
2 National laws and resolutions, and the organization's own OSH
requirements are identified prior to the procurement of goods
and services.
3 Not all
requirement
s are
identified
3 Arrangements are made to achieve conformance to the OSH
requirements prior to their use.
4 yes
score
(min = 0, max = 12) 11
iv.e Contracting
Indicator Score (0-
4)
Comment
1 Arrangements are established and maintained for ensuring
that the organisation's safety and health requirement, or at
least the equivalent, are applied to contractors and their
workers.
4 yes
2I Arrangements for contractors working on site include OSH
criteria in procedures for evaluating and selecting contractors.
3 Not all
arrangement
s are made
2ii Arrangements for contractors working on site include
established effective ongoing communication and
coordination between appropriate levels of the organisation
and the contractor prior to commencing work.
4 yes
2iii Arrangements for contractors working on site include
provisions for communicating hazards and the measures to
prevent and control them.
4 yes
4 yes

31OSHA LEGISLATION
2iv Arrangements for contractors working on site include
arrangements for reporting of work-related injuries, ill health,
diseases and incidents among the contractors' workers while
performing work for the organisation.
2v Arrangements for contractors working on site include provide
relevant workplace safety and health hazard awareness and
training to contractors or their workers prior to comencing
work and as work progressess as necessary.
4 yes
2vi Arrangements for contractors working on site include
regularly monitor OSH performance of contractor activities
on site.
3 Some
arrangement
s are missing
2vi
i
Arrangements for contractors working on site include ensure
that on-site OSH procedures and arrangements are followed
by the contractor.
4 yes
score
(min = 0, max = 32)
30
D. Evaluation
i. Performance Monitoring and Measurement
Indicator Score
(0-4)
Comment
4 yes

32OSHA LEGISLATION
1 Procedures to monitor, measure and record OSH performance on
a regular basis are developed and established.
2 Procedures to monitor, measure and record OSH performance on
a regular basis are periodically reviewed
3 Not all
procedures
are
implemete
d
3 Responsibility, accountability and authority for monitoring at
different levels in the management structure are allocated.
4 yes
4 The selection of performance indicators are according to the size
and nature of activity of the organisation and the OSH
objectives.
4 yes
5 Both qualitative and quantitative measures appropriate to the
needs of the organisation are considered.
4 yes
6 Performance monitoring and measurement are used as a means
of determining the extent to which OSH policy and objectives
are being implemented and risks are controlled.
4 yes
7 Performance monitoring and measurement include both
proactive and reactive monitoring, and not be based only upon
work-related injury, ill health, disease and incident statistics.
4 yes
8 Performance monitoring and measurement are recorded.
4 yes
9 Monitoring provides feedback on OSH performance.
4 yes
10 Monitoring provides information to determine whether tha day-
to-day arrangements for hazard and risk identification,
prevention and control are in place and operating effectively.
3 Proper
prevention
not in
place
11 Monitoring provides the basis for improvement in hazard
identification and risk control, and the OSH-MS.
4 yes
12i Proactive monitoring include monitoring of the achievement of
specific plans, established performace criteria and objectives.
4 yes
12ii Proactive monitoring include the systematic inspection of work
systems, premises, plant and equipment.
4 yes
12ii
i
Proactive monitoring include surveillance of the working
environment, including work organisation.
4 yes
yes

33OSHA LEGISLATION
12i
v
Proactive monitoring include workers' health surveillance,
where appropriate, through suitable medical monitoring or
follow-up of workers for early detection of signs and symptoms
of harm to health in order to determine the effectiveness of
prevention and control measures.
4
12v Proactive monitoring include compliance with applicable
national laws and regulations, collective aggreements and other
commitments on OSH to which the orgnisation subscribes.
4 yes
13i Reactive monitoring include identifying, reporting and
investigation of work-related injuries, ill health (including
monitoring of aggregate sickness absence records), diseases and
incidents.
4 yes
13ii Reactive monitoring include identifying, reporting and
investigation of other lossess, such as damage to property.
4 yes
13ii
i
Reactive monitoring include identifying, reporting and
investigation of deficient safety and health performance, and
OSH-MS failures.
4 yes
13i
v
Reactive monitoring include identifying, reporting and
investigation of workers' rehabilitation and health-restoration
programmes.
4 yes
score
(min = 0, max = 80)
78
ii. Accident / Incident Investigation & Reporting
Indicator Score
(0-4) Commen
t
1 All investigation of the origin and underlying causes of work-
related injuries, ill health, diseases and incidents are documented.
4 yes
2 Investigation is carried out by competent person.
4 yes
3 The result of the investigation is communicated to the safety and
health committee, where it exists.
4 yes
4 The safety and health committee make appropriate
4 yes

34OSHA LEGISLATION
recommendations on the result of the investigation.
5 The corrective action resulting from investigations are
implemented in order to avoid repetition of work-related injuries,
ill health, diseases and incidents.
4 yes
6 Reports produced by external investigative agencies such as
inspectorates and social insurance institutions (e.g. DOSH) are
acted upon in the same manner as internal investigation.
4 yes
7 Training sessions have been provided for line manager,
supervisors and safety and health representatives in the accident
investigation procedure and techniques.
4 yes
score
(min = 0, max = 28)
28
iii. Audit
Indicator Score (0-
4)
Comment
1 Arrangements to conduct periodic audits are established.
4 yes
2 An audit policy and program have been developed.
3 The audit includes an evaluation of the organisation's OSH-
MS elements or a subset of these, as appropriate.
4 yes
4i The audit conclusion determines whether the implemented
OSH-MS elements or subset of these are effective in
meeting the organisation's OSH policy and objectives.
4 yes
4ii The audit conclusion determines whether the implemented
OSH-MS elements or subset of these are effective in
promoting full worker participation.
4 yes
4ii
i
The audit conclusion determines whether the implemented
OSH-MS elements or subset of these respond to the result of
OSH performance evaluation and previous audits.
4
yes
4iv The audit conclusion determines whether the implemented
OSH-MS elements or subset of these enable the organisation
4 yes

35OSHA LEGISLATION
to achieve compliance with relevant national laws and
regulations
4v The audit conclusion determines whether the implemented
OSH-MS elements or subset of these fulfill the goals of
continual improvement and best OSH practice.
3 Some
determinatio
n is missing
5 Audit is conducted by competent person.
4 yes
6 The audit result and conclusion are communicated to those
responsible for corrective action.
4 yes
7 Consultation on selection of the auditor and all stages of the
workplace audit, including analysis of results are subject to
worker participation, as propriate.
4 yes
score
(min = 0, max = 44)
43
iv. Management Review
Indicator Score (0-4)
Commen
t
1i Management reviews include the evaluation of the overall
strategy of the OSH-MS to determine whether it meets planned
performance objectives.
4 yes
1ii Management reviews include the evaluation of the OSH
management system's ability to meet the overall needs of the
organization and its stakeholders, including its workers and the
regulatory authorities.
4 yes
1iii Management reviews include the evaluation of the need for
changes to the OSH-MS, including OSH policy and objectives.
4 yes
1iv Management reviews include the identification of what action
is necessary to remedy any deficiencies in timely manner,
including adaptations of other aspects of the organization's
management structure and performance measurement.
3 Reviews
included
but could
have
been
better

36OSHA LEGISLATION
1v Management reviews provide the feedback direction, including
the determination of priorities, for meaningful planning and
continual improvement.
4 yes
1vi Management reviews include the evaluation of progress
towards
the organization's OSH objectives and corrective action
activities.
4 yes
1vii Management reviews include the evaluation of the
effectiveness of follow-up actions from earlier management
reviews.
4 yes
2 The frequency and scope of periodic reviews of the OSH
management system by the employer or the most senior
accountable person is defined according to the organization's
needs and conditions.
4 yes
3i The management review considers the results of work-related
injuries, ill health, diseases and incident investigations,
performance monitoring and measurement, and audit activities.
4 yes
3ii The management review considers additional internal and
external inputs as well as changes, including organizational
changes that could affect the OSH management system.
4 yes
4 The findings of the management review are recorded.
4 yes
5i The findings of the management review are formally
communicated to the persons responsible for the relevant
elements of the OSH-MS so that they may take appropriate
action.
4 yes
5ii The findings of the management review are formally
communicated to the safety and health committee, workers and
their representatives.
4 yes
score
(min = 0, max = 52)
51

37OSHA LEGISLATION
E. Action for Improvement
i. Preventive and Corrective Action
Indicator Score (0-
4) Comment
1 Arrangements are established and maintained for preventive
and corrective action resulting from OSH-MS performance
monitoring and measurement, OSH-MS audits and
management reviews.
1 Not all
arrangement
s established
2i These arrangements include identifying and analyzing the
root causes of any non-conformity with relevant OSH
regulations and / or OSH-MS arrangement.
4 yes
2ii These arrangement include initiating, planning,
implementing, checking the effectiveness of corrective and
preventive action, including changes to the OSH-MS itself.
4 yes
2ii
i
These arrangement include documentation of corrective and
preventive action, including changes to the OSH-MS itself.
4 yes
3 When the evaluation of the OSH-MS or other sources show
that preventive and protective measures for hazards and risks
are inadequate or likely to become inadequate,
(i) the measures are present to address them
according to the recognized hierarchy of
prevention and control measures, and
4 yes

38OSHA LEGISLATION
(ii) completed and documented, as appropriate and in
a timely manner.
score
(min = 0, max = 20)
19
ii. Continual Improvement
Indicator Score (0-
4) Commen
t
1 Arrangement is established and maintained for the continual
improvement of the relevant elements of the OSH-MS.
4 yes
2i The arrangement includes the OSH objectives to have continual
improvement for OSH in the organization.
4 yes
2ii The arrangement includes the result of hazard and risk
identification and assessments.
4 yes
2iii The arrangement includes the result of performance monitoring
and measurements.
4 yes
2iv The arrangement includes the investigation of work-related
injuries, diseases, ill health and incidents, and the result and
recommendations of audits.
4 yes
2v The arrangement includes the outcomes of the management
review.
4 yes
2vi The arrangement includes the recommendations for
improvement from all members of the organization, including
the safety and health committee, where it exists.
4 yes
2vii The arrangement includes changes in national laws and
regulations, voluntary programs and collective agreements.
4 yes
2vii
i
The arrangement includes new relevant information.
4 yes
4 yes

39OSHA LEGISLATION
2ix The arrangement includes the results of health protection and
promotion programs.
3 The safety and health processes and performance of the
organization are compared with others in order to improve
health and safety performance.
4 yes
score
(min = 0, max = 44) 44
C
The organization provides considerable effort towards ensuring compliance with the existing
legislations. With respect to each legislation it has policies in place to address the provisions of
the legislation. However whether compliance is made or not is analyzed through system and site
audits. In addition the organization also conduct management inspection to evaluate and ensure
compliance. However it has been provided by ---- that employee feedback is also important
towards ensuring compliance. The organization does not have a appropriate system of seeking
feedback from the employees. Although the organization conducts surveys in the workplace
proper method of gaining relevant feedback is not initiated by the organization to ensure
compliance.
Task II
A
Pembinaan Tuju Setia Sdn. Bhd. (711437-P) is a well-known brand that has been established in
the field of construction. It is located in the region of Puchong, Selangor in Malaysia. The Tuju
Setia Holdings S/B has been a privately owned Construction and Property Development
Company with an incorporated Development and Construction portfolio. The core business of

40OSHA LEGISLATION
The Tuju Setia Holding includes Development of properties, Constructions, Service and Project
Management ("About Us – Pembinaan Tuju Setia Sdn Bhd", 2017).
The organization has been established for more than a decade, and has been aspiring to be one of
the efficient Builders of Choice to all the Clients, which serves by ensuring Works with quality
in expedient and punctual manners. There has been a consistency in quality in every project that
has been executed by the organization, has been ensured by the implementations of the Quality
Management System.
The projects of Tuju Setia Sdn. Bhd. have been executed in full conformity with the Quality
Assessment Systems in Constructions and SP Setia Bhd Group Quality Management Systems on
the workmanship and quality. The System of Quality Management has also been in conformity
with the Construction Quality Assessment Systems and accreditations. The organization has been
successful in constructing one of the largest single celled resistant concrete water features that
measure a length beyond 800 meters as well as above the level of basement car parking.
The works of infrastructure that has been incorporated for the development of township includes
sewerage treatment plant, water tanks that are elevated, bridges, roads, drains and the system of
reticulation and infrastructure. The ISO 9001:2008 certification (UKAS Quality Management)
has accredited the Quality Management System and the efficiency has chiefly been contributed
by the implementations of the system of operation by their team of highly motivated and
engaged persons.
This report deals with the findings which have been attained through the evaluation of the legal
compliance exercise. The organization has an obligation to evaluate its compliance in relation to
the health and safety aspect. Compliance is evaluated by the analyzing the approaches which the
organization takes towards compliance. How the facilities have been enhanced within the

41OSHA LEGISLATION
organization is also analyzed to evaluate the compliance of the organization with the legal
provisions. The report provides the findings of the evaluation conducted in the above section
B
A
Compliant without the need of further Action
 OSH Policy
 Documentation & Record
 Communication
 System Objectives
 Contracting
B
Compliant but requires ongoing management
 Worker Participation
 Performance Monitoring and Measurement
 Responsibility and Accountability
 Competence and Training
 System Planning, Development, and Implementation
 Planning and Implementation
 Hazard Prevention & Control
 Management of Change
 Accident / Incident Investigation & Reporting
 Emergency Prevention, Preparedness and Response

42OSHA LEGISLATION
 Procurement
C
Non-compliant and requires corrective action
NIL
C
Table 1
Legislation Health and Safety at Work etc. Act 1974
Key requirements of legislation Legislation of Primary Health and Safety -
The Act or the Legislation set out the
general duty that the employer has towards
employees and members of the public, and
employees have to themselves and to each
other
Evaluation Compliance Statement Systems and site audit (both internal and
external)
Evidence of compliance status Present
Compliance Status Compliant
Action Plan/Recommendations Enhancing employee participation in the

43OSHA LEGISLATION
drafting of policies and procedures related
to their health and safety
Table 2
Legislation Work Place (Health, Safety and Welfare)
Regulations 1992
Key requirements of legislation The issue of basic Health and Safety
welfare, including welfare facilities,
ventilation, lighting, heating, workstations
and others
Evaluation Compliance Statement System and site audits
Evidence of compliance status Provided in Checklist
Compliance Status Compliant
Action Plan/Recommendations The employees have to be provided with
appropriate training
Table 3
Legislation Health and Safety (Consultation with
Employees) Regulations 1996
Key requirements of legislation Details functions of Representatives of
Employee Safety (RoES) and consulting
requirements (safety meetings) with employees

44OSHA LEGISLATION
Evaluation Compliance Statement System and site audit
Evidence of compliance status Provided in checklist
Compliance Status Compliant
Action Plan/Recommendations Enhancing the involvement of the employees
in the process of providing health and safety
measures and incorporating the feedback to
enhance compliance
Table 4
Legislation Manual Handling Operations Regulations 1992
(as amended)
Key requirements of legislation Ensure task involving manual handling are risk
assessed and avoid risky handling where
feasible and the controls are in place for risk
reduction.
Evaluation Compliance Statement System and site audit and management
inspection
Evidence of compliance status As provided in the checklist
Compliance Status Compliant
Action Plan/Recommendations Enhancing training
Incorporating the external staff in training
Increasing the frequency of training

45OSHA LEGISLATION
Table 5
Legislation The Health and Safety (Miscellaneous
Revocations and Amendments) Regulations
2013
Key requirements of legislation First Aid course has no longer been
approved by the HSE it is now down to us
for ensuring any first aid training is
appropriate.
Evaluation Compliance Statement System and site audit
Evidence of compliance status Provided in the checklist
Compliance Status Compliant
Action Plan/Recommendations Providing training on First Aid

46OSHA LEGISLATION
References
About Us – Pembinaan Tuju Setia Sdn Bhd. (2017). Tujusetia.my. Retrieved 21 November 2017,
from http://tujusetia.my/about-us/
Biocides Products Regulations 2001
Control of Asbestos Regulations 2012
Control of Pesticide Regulations 1986
Control of Substances Hazardous to Health (COSHH) Regulations 2002
Environment Act 1995
Hazardous Waste Regulations 2005
Health and Safety at Work etc. Act 1974
ISO 9001 Quality management. (2017). Iso.org. Retrieved 21 November 2017, from
https://www.iso.org/iso-9001-quality-management.html
Manual Handling Operations Regulations 1992
Smoke-free (Signs) regulations 2012
The Health Act 2006
The Health and Safety (Miscellaneous Amendments) Regulations 2002
The Health and Safety (Miscellaneous Revocations and Amendments) Regulations 2013
Work Place (Health, Safety and Welfare) Regulations 1992
Working at Height Regulations 2005