INGENIEUR
INGENIEUR
there are more high-rise buildings with complicated architectural designs and artistic features . Constructing such buildings often requires stateof-the-art knowledge , technology and materials , which are usually coupled with new and unknown hazards . For example , the Light Rail Transit ( LRT ) project utilised many modular construction methods ( or industrialised building system ), using pre-cast concrete and post-tensioned beams or viaducts , which often involve deploying big movers and heavy lifters . The scale of projects also varies , covering a myriad of activities , with large , highprofile projects by major contractors ( the Mass Rapid Transit and LRT Projects in Klang Valley , RAPID in Pengerang and the Pan Borneo Project in Sabah and Sarawak ) to small projects by single contractors ( for example , the cleaning of buildings and landscaping ).
Perhaps , the biggest challenge in tackling safety and health in construction is changing the work culture of the people , namely the clients , designers , contractors and workers . The industry needs to understand that the primary responsibility for managing the safety and health risks in the construction sites lies with the business or the person that creates the risk . The role of the Government should ideally be to encourage and advise the industry on good safety and health practices and determine whether businesses are effectively managing the safety and health risks of workers and others . Characteristics of the industry as described in the preceding paragraphs lack homogeneity , which signifies that there is no straight forward solution that will solve all the safety and health issues in the construction industry .
Roles of the Department of Occupational Safety and Health
The Department of Occupational Safety and Health ( DOSH ) under the Ministry of Human Resources is tasked with the objective to ensure that the safety and health of workers are upheld . The two main Acts that govern occupational safety and health in the construction industry are the Factories and Machineries Act 1967 ( Act 139 ) ( FMA ) and the Occupational Safety and Health Act 1994 ( Act 514 ) ( OSHA ). There are several regulations under both Acts that are directly related to the construction industry , and the main ones are :
1 . Factories and Machinery ( Building Operations and Works of Engineering Construction ) ( Safety ) Regulations 1986 ; 2 . Factories and Machinery ( Safety , Health and Welfare ) Regulations 1970 ;
3 . Factories and Machinery ( Notification , Certificate of Fitness and Inspection ) Regulations 1970 ;
4 . Occupational Safety and Health ( Safety and Health Committee ) Regulations 1996 ; and
5 . Occupational Safety and Health ( Safety and Health Officer ) Regulations 1996 .
Besides these legal documents , there is an industry Code of Practice and Guidelines published by DOSH to aid enforcement of the law and provide guidance to the industry on how to comply with the law . The Construction Industry Development Board ( CIDB ) also enforces CIDB Act ( Act 520 ) and publishes guidance on quality , safety and many aspects of the construction industry .
The role of DOSH should ideally be to assess that businesses are effectively and proportionately managing safety and health risks faced by their workers . OSHA has made it mandatory for employers to make suitable arrangements to secure the safety and health of workers and others . The employer is also required to ensure that these measures are always in place and effective with regular reviews . It implies that the enforcement of DOSH ( inspection , notice issuance or prosecution ) should be focused on influencing or triggering cultural change , reliant on the action of the employers to make those changes themselves .
Some of the enforcement initiatives by DOSH are re-structuring , establishing the Construction Safety Division , creating a range of inspection and punitive actions ; as well as developing and publishing more regulatory guidance . These initiatives are necessary to ensure deployment of the most effective and appropriate skills and knowledge to assist or compel the industry to comply with their legal duties and influence change . DOSH remains steadfast in holding to account employers who put others at risk . Since 2009 , the number of cases prosecuted and compounds issued by DOSH has shown an increasing trend ,
32 VOL 69 JANUARY-MARCH 2017