INTRODUCTION

The Occupational Safety and Health Act 1994, which is based on the concept of self-regulation places the responsibility to ensure safety and health of workers on those who create the risk and those who work with the risk. As such, it is important that both employer and employees undertake the responsibility to provide a safe and healthy workplace. One of the ways to accomplish this is by forming a safety and health committee where both employer and employees can actively get involved and participate in implementing safety and health program at their workplaces.

LEGAL REQUIREMENTS

Section 30 of the Occupational Safety and Health Act makes it compulsory for employers who have more than 40 workers to establish a safety and health committee at their workplaces or otherwise directed by the Director General of Department of Occupational Safety and Health.

The Section requires employers to consult workers’ representatives in the committee on matters pertaining to occupational safety and health. Likewise employees have to get involved and cooperate with the employers.

OBJECTIVE OF THE COMMITTEE

The main objective of the committee is to foster cooperation and consultation between management and workers in identifying, evaluating and controlling hazards at workplaces.

It is also an effective channel of communication to exchange ideas to solve problems relating to occupational safety and health. Feedback from workers will greatly assist employers to promote and provide a safe and healthy work environment.

FUNCTIONS OF THE COMMITTEE

Section 31 of the Act has specified two main functions as follows:

·   shall keep under review the measures taken to ensure the safety and health of persons at the place of work.

·   shall investigate any matters at the place of work -

1. which a member of committee or a person employed considers is not safe or is a risk to health; and
2. which has been brought to the attention of the employer.             

Besides the above two main functions, other functions that can be implemented by the committee are as follows:

·     assist in the development of programs and safe system of work;

·     review effectiveness of program;

·     inspect workplace;

·     report unsafe conditions and acts;

·   recommend corrective actions;

·    review and recommend revision to safety and health policy;

·     investigate into any work-related accident, dangerous occurrence, poisoning or disease;

·     study trends of accidents/diseases;

·      assist to organize promotional activities.

MEMBERSHIP OF THE COMMITTEE

In line with the concept of fostering co-operation and consultation between management and workers, membership of the committee should at least be as follows:

·    Chairman - should be from management.

·     Secretary - can be appointed from among the members to take minutes.

·    Management's Representatives

·     Worker’s Representatives

The Organization should decide on the adequate number of management and workers’ representatives to facilitate the consultative process.  An important consideration is that all divisions or sections should be represented. This is to ensure that all issues pertaining to occupational safety and health at their respective workplaces are brought to the committee's knowledge promptly. It is also important that all members have basic knowledge and interest in safety and health.

ENSURING EFFECTIVE COMMITTEE

Employers should hold regular safety committee meetings to ensure safety and health program are implemented effectively at their workplaces. Meetings should be held regularly, at least once in 3 months. In most cases, monthly is more effective.

However, for workplaces with hazardous work environment, such as in manufacturing and building operations work sectors, more frequent meetings should be held. The following points can be taken into account to ensure effectiveness of committee meetings:

1.       What are the main issues to be discussed? The Chairman and members should bear in mind that they should stick to safety and health matters only.
2.             All relevant information on occupational safety and health must be made available to members. Members must also be given relevant training regularly.
3.       Minutes must be efficiently recorded and distributed to members, management, and posted for all employees to see.
4.      Speedy decisions and follow-up actions must be made on any recommendations from members and responsible parties assigned.
5.             Top management should strictly work on the concept of "consultations and cooperation" and encourage full participation from all members of the committee.
6.       Proper meeting facilities must be made available for committee use.

Members should preferably be given some form of recognition by top management.

PENALTIES

The Occupational Safety and Health Act 1994 imposes heavy fines and or imprisonment for failure to establish a safety and health committee at the workplace.