Industry Involvement in Occupational Safety and Health (OSH)

1. Generally, all parties involved in a construction project must cooperate and help each other in dealing with hazards arising from the activities and comply with the legal requirements that have been set. Depending on the type of contract, the client, designer and builder are the three main parties in a construction project.
2. The construction company appointed by the client, who has control during the construction phase, must plan, manage, monitor and coordinate the construction works. As an employer, the builder also has a responsibility to ensure that the construction work is carried out in a manner that ensures the safety and health of its employees and others, including the public.

Refer and involve employees

3. Workplaces where workers are consulted and involved in making decisions about safety and health measures are safer and healthier. Consultation about safety and health is a two-way street. It involves providing information to workers, listening to their views and taking what they say into account before decisions are made by the employer. For example, holding a meeting before work starts to discuss the work planned for the day, identify risks and agree appropriate control measures that the employer has put in place. Involving workers will help the employer manage safety in a practical way:
   • help identify workplace risks and know what is needed to control them;
   • ensuring that safety and health controls are appropriate; and
   • increase the level of commitment to working in a safe and healthy manner.
4. Consultation is a legal requirement. Workers should be consulted at appropriate times. The Occupational Safety and Health (Safety and Health Committee) Regulations and the Factories and Machinery (Building Operations and Engineering Construction Works) (Safety) Regulations require employers to consult their workers and their subcontractors on safety and health, either directly with the workers or their elected representatives.

Responsibilities of Safety and Health Officers

5. To assist employers in carrying out this legal responsibility, safety and health officers (SHOs) were established by the Occupational Safety and Health Act (OSHA). In general, an SHO is responsible for ensuring compliance and promoting safe working practices. The specific responsibilities of an SHO are set out in the Occupational Safety and Health (Safety and Health Officer) Regulations.
6. SHOs can provide advice to their employers so that the desire to protect workers from the dangers of construction work is achieved. SHOs have specific knowledge in the following aspects:
   • OSH legislation;
   • occupational risk assessment;
   • provision of safe operating procedures;
   • monitoring the effectiveness of control measures;
   • encouraging employee involvement; and
   • continuous improvement in ensuring sustainable compliance with OSH legislation

The appointment of an SHO is encouraged among client companies and designers, but mandatory for builders if the construction work has a total project contract price exceeding RM20 million.

SHO Performance Indicators

7. These SHO Performance Indicators are designed to assist SHOs and employers in carrying out their statutory responsibilities. The performance indicators are leading indicators of:
   • employer commitment;
   • legal compliance;;
   • employee involvement; and
   • the effectiveness of control measures established in the workplace.
8. It is developed with reference to the requirements of the SHO regulations. The use of this report can help employers ensure that continuous and systematic efforts are made to control all hazards that may harm their employees and others. To the SHO, the use of this report proves that he has done enough to comply with the legal requirements.

What the SHO Needs to Do

9. SHO must fill in the total indicators achieved for each performance in a given month, except for the Total Notices Received (items 23 – 25). The total notices should indicate the total number of notices received throughout the project period.
10. The Project Manager, as the main representative of the employer on a construction project, must ensure that the SHO completes this report online.

What Does JKKP Do?

11. The requirement to complete and submit this report will be communicated to all employers and SHOs during the construction site registration process, JKJ 103 consolidation and promotional activities. For ongoing projects, information can be made during site inspections by SKB Officers.
12. SKB officers must review and record this amount into the state construction industry OSH statistical monitoring record to be reported to BKTB every month. The information reported can be used as a guide when making decisions to conduct inspections and enforcement.

Reminder

13. Regulation 12, Occupational Safety and Health (Safety and Health Officers) Regulations 1997 states that the Director General of DOSH may refuse to renew the registration of an SHO if he fails to carry out his duties.

This Performance Indicator Report can be completed online at the following link (encouraged):

• Laporan Petunjuk Prestasi SHO
• Borang Petunjuk Prestasi SHO

For more information, please contact:-

Nama    : Mohd Uzair bin Thazali

No. Tel. : 03-8886 6456

Email    : mohduzair@mohr.gov.my