The National Council for Occupational Safety and Health is established under Part III of the Occupational Safety and Health Act 1994

Occupational Safety and Health Act 1994

The Occupational Safety and Health Act 1994 is a piece of Malaysian legislation which was gazetted on 25 February 1994 by the Malaysian Parliament....

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The composition and the duties of the council has been laid out under this Part of the Act, the section related to the National Council for Occupational Safety and Health are Section 8, 9, 10, 11, 12, 13, and 14.

Section 8: Establishment of the Council

There shall be established a council called the "National Council for Occupational Safety and Health".

Section 9: Membership of the Council

1. The council shall consists of not less than twelve and not more than fifteen members who shall be appointed by the Minister, of whom

1. three persons shall be from organisations representing employers;
   
2. three persons shall be from organisations representing employees;
   
3. three or more persons shall be from Ministries or Departments whose responsibility is related to occupational safety and health; and
   
4. three or more persons, of whom at least one shall be a woman, shall be from organisations or professional bodies the activities of whose members are related to occupational safety and health and who, in the opinion of the Minister, are able to contribute to the work of the Council

2. The Minister shall appoint from among the persons mentioned in subsection (1) a Chairman and a Deputy Chairman of the Council.

Section 10. Second Schedule to apply.

The provisions of the Second Schedule shall apply to the members of the Council

Section 11: Powers and functions of the Council.

1. The Council shall have power to do all things expedient or reasonably necessary for or incidental to the carrying out of the objects of this Act.


2. The Council may, and when requested by the Minister to do so shall, carry out investigations and make reports and recommendations to him with regard to any matter relating to the objects of this Act and in particular, but without prejudice to the generality of the foregoing provisions, with regard to -

1. changes it considers desirable to occupational safety and health legislation;


2. the improvement of the administration and enforcement of occupational safety and health legislation;


3. the fostering of a co-operative consultative relationship between management and labour on the safety, health and welfare of persons at work;


4. the special problems with respect to occupational safety, health and welfare of women, handicapped persons and other groups in the community;


5. the establishment of adequate methods of control of industrial chemicals at a place of work;
   
6. the statistical analysis of occupationally related deaths and injuries;


7. the provision of health care facilities at a place of work;


8. the fostering of the development and adoption by law of industry codes of practice related to occupational safety, health and welfare;


9. the development of rehabilitation plans and facilities to assists persons injured at a place of work.

Section 12: Appointment of secretary to the Council

1. The Minister shall appoint a public officer from the office of the Director General to be the secretary to the Council.


2. The Council may, with the approval of the Minister, arrange for the use of the services of any staff or facility of the office of the Director General.

Section 13: Committees.

1. The Council may -

1. establish committee in respect of different industries for the purpose of assisting the Council to perform its functions in relation to industry codes of practice; and


2. establish such other committees as it thinks fit for the purpose of assisting the Council to perform its other functions.

2. A committee shall consists of such a number of persons as may be appointed by the council from among its members.


3. Notwithstanding the provision of subsection (2), the Council may invite any person or a representative of any organisation to advise a committee established under subsection (1) in the carrying out of its functions.


4. A person appointed under subsection (2) or invited to be a member of a committee under subsection (3) may be paid such allowance as may be determined by the Council with the approval of the Minister.
   

Section 14: Annual Report

The Council shall, as soon as practicable, after the 30th June but before the 31st December of each year, prepare and forward to the Minister a report of its activities for a period of twelve months ending on the 30th June of each year.