Detailed Analysis: OSHA Legislation, Compliance, and Management System

This report provides a comprehensive analysis of OSHA legislation and its application within Tuju Setia Holdings Sdn. Bhd. It begins with an evaluation of the company's legal register, highlighting the incorporation of key legislation such as the Health and Safety at Work etc Act 1974, Workplace Regulations 1992, and various asbestos and hazardous substance regulations. The analysis emphasizes the importance of incorporating these legislations into the company's code of conduct and the need for a multifaceted approach to compliance evaluation, including system and site audits, along with employee feedback. The report then examines a checklist based on the ANUGERAH CEMERLANG KESELAMATAN DAN KESIHATAN PEKERJAAN KEBANGSAAN 2013, detailing the scoring system and methodology used to assess the Occupational Safety and Health-Management System (OSHMS MS: 1722). The OSH-MS is broken down into five elements: Policy, Organizing, Planning and Implementation, Evaluation, and Action for Improvement, with a total of 16 measures and 225 indicators. The report provides a detailed breakdown of these indicators, their scoring, and the levels of achievement, along with the weighted score for each element. Finally, it presents a detailed scoring summary for each indicator within the Policy and Worker Participation elements of the OSH-MS, along with corresponding comments.

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