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OSHA in Malaysia and Industrial


Safety and Health Regulation

Chapter 2
MEM603
Edit by BUlan Abdullah
(MARCH 2017)
2 REFERENCES
http://www.dosh.gov.my/index.php/en/
OSHA in Malaysia and Occupational
Safety and Health Regulation (6 hours)
3

2.1 Historical 2.3 OSH Act 1994 2.3.8 Notice of Prohibition/


Background of Improvement and Penalties
2.3.1 Objective and
OSH Legislation

applications in 10 sectors of
2.3.9 National Council for OSH
(Definition: Act, industry 2.3.10 Safety and Health
Regulation, ICOP Committee
2.3.2 Philosophy of OSHA and
and Guideline)

OSHA framework 2.3.11 OSHA Regulations


2.3.3 General Duty of Employer 2.3.12 OSH Orders
2.2 Factories and 2.3.4 Duties of Designers, 2.3.13 OSH ICOPs/ Manuals
Machinery Act Manufacturers, Importers and
(FMA) 1967 Suppliers of Plant
Regulations on 2.3.5 General Duties of
Petroleum (Safety
Occupational Employee and Protection for Measures) Act 1984
Health Employee
Regulations on 2.3.6 Safe System of Work and
Occupational Good Engineering Practice
Safety
2.3.7 Powers of DOSH Inspector
Historical Background of OSH Legislation (Definition:
Act, Regulation, ICOP and Guideline)
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2.1 Historical Background of OSH


Legislation (Definition: Act, Regulation,
ICOP and Guideline)
Historical Background of OSH Legislation
5

Historical overview
Era of Boiler Safety - 1896
Era of Machinery Safety - 1914

Era of Industrial Safety - 1952

Era of Industrial Safety and Hygiene - 1967

Era of Occupational Safety and Health - 1994


LEGISLATION ON HSE IN MALAYSIA
6
2. FACTORIES AND 3. ENVIRONMENTAL QUALITY
1. OCCUPATIONAL SAFETY AND ACT 1974 (EQA 74)
HEALTH ACT 1994 (OSHA 94) MACHINERY ACT 1967 (FMA 67)
LEGISLATION ON HSE IN MALAYSIA
7
STRUCTURE OF LEGISLATION
8

THE ACT REGULATIONS CODES OF


PRACTICE/GUIDELINES

Defines the scope and Detailed specific


boundary, and the requirements of the Guidance in
basic provisions ACTs complying with the
Gazetted by Gazetted by the ACTs
parliament Minister May be written by
The two ACTs on OSH industries associations
are OSHA 1994 and and endorsed by
FMA 1967; and EQA DOSH
1974 for Environment Not the Law of the
country
Factories and Machinery Act (FMA)
9
1967
2.2 Factories and Machinery Act (FMA)
1967
Regulations on Occupational Health
Regulations on Occupational Safety
Factories and Machinery Act (FMA)
10
1967
Regulations on Occupational Health Regulations on Occupational Health
under FMA 1967 under FMA 1967
Health regulations under FMA Safety regulations under FMA 1967
1967 1. Factories and Machinery (Steam Boiler and
Unfired Pressure Vessel) Regulation 1970
1. Factories and Machinery
(Lead) Regulation 1984 2. Factories and Machinery (Person in Charge)
Regulation 1970
2. Factories and Machinery 3. Factories and Machinery (Electric Passenger and
(Asbestos) Regulation 1986 Goods Lift) Regulation 1970
3. Factories and Machinery 4. Factories and Machinery (Fencing of Machinery
(Mineral Dust) Regulation and Safety) Regulation 1970
1989 5. Factories and Machinery (Safety, Health and
4. Factories and Machinery Welfare) Regulation 1970
(Noise Exposure) Regulation 6. Factories and Machinery (Notification,
1989 Certificates of Competency and Inspection)
Regulation 1970
7. Factories and Machinery (Building Operation
and Works of Engineering Construction)
Regulation 1989
Factories And Machinery Act (FMA)
11
1967
Factories And Machinery Act (FMA) 1967
12

An Act to provide for the control of factories with


respect to matters relating to the safety, health and
welfare of person therein, the registration and
inspection of machinery and for matters connected
therewith, FMA (1967)

Factories And Machinery Act (FMA) 1967


Regulations on Occupational Health
Regulations on Occupational Safety
Factories And Machinery Act (FMA) 1967
13

An Act to provide for the control of factories with


respect to matters relating to the safety, health and
welfare of person therein, the registration and
inspection of machinery and for matters connected
therewith, FMA (1967)

Factories And Machinery Act (FMA) 1967


Regulations on Occupational Health
Regulations on Occupational Safety
Regulations on Occupational Health (FMA, 1967)
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Objectives
To prevent the occurrence of disease due to excessive use and
exposure to lead, asbestos, mineral dust and noise
Formulation of minimum standard to protect workers exposure
Safety Health and Welfare
Protection of workers:
Determining exposure limits
Identifying and assessing level of exposure
Early detection of disease through health surveillance
Creating awareness among workers through training and information
Reducing exposure :-
Engineering control
Administrative procedure
Personal protective equipment
Regulations on Occupational Health (FMA, 1967)
15

Health regulations under FMA 1967


Factories and Machinery (Lead) Regulation 1984
Factories and Machinery (Asbestos) Regulation 1986
Factories and Machinery (Mineral Dust) Regulation
1989
Factories and Machinery (Noise Exposure) Regulation
1989
Regulations on Occupational Health (FMA, 1967)
16


Regulations on Occupational Health (FMA, 1967)
17

Health regulations under FMA 1967


Factories and Machinery (Lead) Regulation 1984
Factories and Machinery (Asbestos) Regulation 1986
Factories and Machinery (Mineral Dust) Regulation
1989
Factories and Machinery (Noise Exposure) Regulation
1989
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Factories and Machinery (Lead) Regulation 1984
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Permissible Exposure Limits (PEL)


PEL = 150 g/m3 8 hour average
Action level = 75 g/m3 8 hour average
If working hours is other than 8 hours
PEL (g/m3) = 1200
Total working hours per day

Applied to all factories processes where lead is


used
Does not apply on construction sites or works of
engineering construction
Factories and Machinery (Lead)
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Regulation 1984
METHODS OF COMPLIANCE
16. Engineering and work practice controls. The employer shall implement engineering and work practice
controls (including administrative controls) to reduce and maintain employee exposure to lead below the PEL.
17. Respiratory protection. Where engineering and work practice controls do not reduce employee
exposure to or below the PEL, the employer shall supplement these controls with respirators in accordance
with Part V of these Regulations.
18. Mechanical ventilation and recirculation of air.
(1) When ventilation is used to control exposure, measurements which demonstrate the effectiveness of the system in
controlling exposure, such as capture velocity, duct velocity, or static pressure shall be made at least every three months.
Measurements of the system effectiveness in controlling exposure shall be made within five days of any change in
production, process, or control which might result in a change in employee exposure to lead.

(2) If air from exhaust ventilation is re-circulated into the workplace, the employer shall ensure that the recirculation system has a
high efficiency filter with reliable back-up filters, and controls to monitor the concentration of lead in the return air and to bypass
the recirculation system automatically if it fails, are installed, operating and maintained.
19. Administrative control. If administrative controls are used as a means of reducing employee's TWA exposure to lead,
the employer shall establish and implement a job rotation schedule which includes: (a) name, identity card number and social
security number, if any, of each affected employee; (b) duration and exposure levels at each job or work station where each
affected employee is located; and (c) any other information which may be useful in assessing the reliability of administrative
controls to reduce exposure to lead.
Regulations on Occupational Health (FMA, 1967)
21

Health regulations under FMA 1967


Factories and Machinery (Lead) Regulation 1984
Factories and Machinery (Asbestos) Regulation 1986
Factories and Machinery (Mineral Dust) Regulation
1989
Factories and Machinery (Noise Exposure) Regulation
1989
Regulations on Occupational Health (FMA, 1967)
22


FACTORIES AND MACHINERY (ASBESTOS
PROCESS) REGULATIONS 1986
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Factories and Machinery (Asbestos) Regulation 1986
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Asbestos process:
Manufacturing process which involves asbestos except
process where:
The quantity of asbestos dust produced does not exceed the
permissible exposure limit; or
Cleaning of premise, equipment and factory facilities

Permissible Exposure Limits (PEL)


PEL = 1 Fibre/ml air 8 hour avereage
Factories and Machinery (Asbestos)
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Regulation 1986
Factories and Machinery (Asbestos)
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Regulation 1986
Factories and Machinery (Asbestos)
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Regulation 1986
Regulations on Occupational Health (FMA, 1967)
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Health regulations under FMA 1967


Factories and Machinery (Lead) Regulation 1984
Factories and Machinery (Asbestos) Regulation 1986
Factories and Machinery (Mineral Dust) Regulation
1989
Factories and Machinery (Noise Exposure) Regulation
1989
Regulations on Occupational Health (FMA, 1967)
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Factories and Machinery (Mineral
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Dust) Regulation 1989
Factories and Machinery (Mineral Dust) Regulation 1989
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Applied to all factories where there are processes


using mineral dust
Prohibition
Sandblasting process shall not be used in any factory
unless with written approval from the Chief Inspector
Factories and Machinery (Mineral Dust)
Regulation 1989
32

Permissible Exposure Limits (PEL)


Dust that contain silica <1% Silica
Workers exposure should not exceed the average
concentration for duration of 8 hours
5 mg/m3 air-respirable dust
10 mg/m3 air - total dust
Dust that contain silica <1% Silica
Workers exposure should not exceed the average
concentration for duration of 8 hours
0.05 mg/m3 cristabolate/trydymtie
10 mg/m3 - respirable quartz
Factories and Machinery (Mineral Dust)
Regulation 1989
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Personal Protective Equipment (PPE)


If > Permissible Exposure Limits, need to provide:
Clothing that cover the whole body
Gloves, hats, shoes
Face shields, goggle and other relevant PPE

The employer is responsible to provide facilities for the


hygiene and disposal of clothing and equipment
Factories and Machinery (Mineral
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Dust) Regulation 1989
Factories and Machinery (Mineral
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Dust) Regulation 1989
Factories and Machinery (Mineral
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Dust) Regulation 1989
Regulations on Occupational Health (FMA, 1967)
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Health regulations under FMA 1967


Factories and Machinery (Lead) Regulation 1984
Factories and Machinery (Asbestos) Regulation 1986
Factories and Machinery (Mineral Dust) Regulation
1989
Factories and Machinery (Noise Exposure)
Regulation 1989
Regulations on Occupational Health (FMA, 1967)
38


Factories and Machinery (Noise
Exposure) Regulation 1989
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Factories and Machinery (Noise Exposure) Regulation 1989
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Based on study from the year 1983 1990, it was


found that:
Average 50% or workers were at risk of hearing
impairment
22% having hearing impairment

70 % exposed at levels >90 dbA


Factories and Machinery (Noise Exposure) Regulation 1989
41

Applied to all factories where workers are exposed


to excessive noise
Example of the factories:
Steel factory
Chemical industry

Palm oil mill

Textile factory
Factories and Machinery (Noise Exposure) Regulation 1989
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Permissible Exposure Limits (PEL)


90 dBA for 8 hours exposure
Applicable changing rate 5dB
Each additional 5 dB, half a dose

Does not exceed 115 dBa at anytime


Does not exceed 140 dB impulsive at peak level

Dose for action level is 0.5

Limits are listed in the first schedule


Factories and Machinery (Noise
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Exposure) Regulation 1989
Factories and Machinery (Noise
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Exposure) Regulation 1989
Factories and Machinery (Noise Exposure) Regulation 1989
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Exposure monitoring
Initial monitoring
Sampling of workers suspected of high exposure
Exposure monitoring
Frequency (initial monitoring > action level)
Depends on the level of exposure
Every 6 months
Every 3 months
Once a month
Additional changes;
Requirement to change
Production, processes, controls or workers
Factories and Machinery (Noise Exposure) Regulation 1989
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Method of compliance
To reduce and control exposure below PEL
Engineering control
Ventilation

Water spray (mineral dust)


Administrative control
Safe work procedure
Personal protective equipments
Use of PPE if other controls fail to reduce exposure
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FACTORIES AND MACHINERY


ACT (FMA) 1967

Regulations on Occupational Safety


Factories And Machinery Act (FMA) 1967
48

An Act to provide for the control of factories with


respect to matters relating to the safety, health and
welfare of person therein, the registration and
inspection of machinery and for matters connected
therewith, FMA (1967)

Factories And Machinery Act (FMA) 1967


Regulationson Occupational Health
Regulations on Occupational Safety
Regulations on Occupational Safety (FMA, 1967)
49

Objectives
To prevent from any occurrence of accidents due to use
and handling of machines in factories
To provide a standard minimum requirements for the
protection of the workers
Regulations on Occupational Safety(FMA, 1967)
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Strategies
Protection of workers through:
Setting standards for machinery which are hazardous or have
high risk
Identify and assess the level of risk/ hazards of vehicle being
handled as well as the surrounding environment
Reduce exposure through
Engineering control
Administrative procedures
Personal protective equipments
Provision of standard for the protection of those handling hazardous
machinery
Create awareness among workers through training and information
Regulations on Occupational Safety (FMA, 1967)
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Safety regulations under FMA 1967


1. Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) Regulation
1970
2. Factories and Machinery (Person in Charge) Regulation 1970
3. Factories and Machinery (Electric Passenger and Goods Lift) Regulation 1970
4. Factories and Machinery (Fencing of Machinery and Safety) Regulation 1970
5. Factories and Machinery (Safety, Health and Welfare) Regulation 1970
6. Factories and Machinery (Notification, Certificates of Competency and
Inspection) Regulation 1970
7. Factories and Machinery (Building Operation and Works of Engineering
Construction) Regulation 1989
Regulations on Occupational Safety (FMA, 1967)
52

Safety regulations under FMA 1967


Factories and Machinery (Steam Boiler and Unfired Pressure Vessel)
Regulation 1970
Factories and Machinery (Person in Charge) Regulation 1970

Factories and Machinery (Electric Passenger and Goods Lift) Regulation


1970
Factories and Machinery (Fencing of Machinery and Safety) Regulation
1970
Factories and Machinery (Safety, Health and Welfare) Regulation 1970
Factories and Machinery (Notification, Certificates of Competency and
Inspection) Regulation 1970
Factories and Machinery (Building Operation and Works of Engineering
Construction) Regulation 1989
Factories and Machinery (Steam Boiler and Unfired
Pressure Vessel) Regulation 1970
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Factories and Machinery (Steam Boiler and
Unfired Pressure Vessel) Regulation 1970
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Main provision
Manufacture of boilers and pressure vessels
Imported steam boilers and pressure vessels
Steam boilers
Unfired steam vessels
Application
All boilers and unfired pressure vessels
That have not yet assigned authorized
safe working pressure by Chief Inspector
Exception
Those exempted by the Chief Inspector due
to reason of special circumstance
Misc. provision
Materials codes
Design codes
Inspecting authority
Factories and Machinery (Steam Boiler and Unfired
Pressure Vessel) Regulation 1970
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PART II STEAM BOILERS
Safety devices
Factories and Machinery (Steam Boiler and
Unfired Pressure Vessel) Regulation 1970
56
PART II STEAM BOILERS
(vi) a main steam stop valve;
(1) Every steam boiler shall be provided with-
(vii) a feed check valve;
(i) two or more safety valves, at least one of which shall
be of the direct spring-loaded type: Provided that any
(viii) an Inspector's test pressure gauge attachment;
steam boiler having a heating surface of one hundred (ix) a fusible plug in each furnace or combustion
square feet or less may have only one safety valve, in chamber: Provided that any steam boiler fired with
which case it shall be of the direct spring-loaded type;
liquid or gaseous fuel shall not be required to have a
fusible plug;
(ii) two water gauges: Provided that any steam boiler (x) a low-water alarm; except that a low water alarm
having an evaporative capacity of less than three hundred shall not be required for any steam boiler which is
pounds of steam per hour from and at two hundred and fired with- (a) solid fuel and generation steam at a
twelve degrees Fahrenheit may have only one water pressure of 250 pounds per square inch or less; or (b)
gauge, in which case not less than two suitable test cocks liquid or gaseous fuel and fitted with a low water fuel
cut-out.
shall be fitted in place of the second water gauge;
(xi) a low-water fuel cut-out where such steam boiler
(iii) a steam pressure gauge; is fired with liquid or gaseous fuel;
(iv) a blow down valve or cock; (xii) the manufacturer's or maker's name plate; and
(v) two feed pumps or alternatively one feed pump and (xiii) a registration plate. (2) This regulation shall not
one injector: Provided that any steam boiler having a apply to any economiser or any superheater.
heating surface of one hundred and fifty square feet or less
or any steam boiler fitted with automatic controls which "fail
to safety" may be fitted with one feed pump; Provided
further that where two or more steam boilers are coupled
together the number of feed pumps or injectors required
shall be as approved by the Chief Inspector;
Regulations on Occupational Safety(FMA, 1967)
57

Safety regulations under FMA 1967


Factories and Machinery (Steam Boiler and Unfired Pressure Vessel)
Regulation 1970
Factories and Machinery (Person in Charge) Regulation 1970

Factories and Machinery (Electric Passenger and Goods Lift) Regulation


1970
Factories and Machinery (Fencing of Machinery and Safety) Regulation
1970
Factories and Machinery (Safety, Health and Welfare) Regulation 1970
Factories and Machinery (Notification, Certificates of Competency and
Inspection) Regulation 1970
Factories and Machinery (Building Operation and Works of Engineering
Construction) Regulation 1989
Factories and Machinery (Person in Charge)
Regulation 1970
58

Machinery requiring person in charge (compulsory


to have Certificate of Competency)
1. Steam boiler
2. Steam engine
3. Internal combustion engine
4. Dredge
Regulations on Occupational Safety(FMA, 1967)
59

Safety regulations under FMA 1967


Factories and Machinery (Steam Boiler and Unfired Pressure Vessel)
Regulation 1970
Factories and Machinery (Person in Charge) Regulation 1970

Factories and Machinery (Electric Passenger and Goods Lift) Regulation


1970
Factories and Machinery (Fencing of Machinery and Safety) Regulation
1970
Factories and Machinery (Safety, Health and Welfare) Regulation 1970
Factories and Machinery (Notification, Certificates of Competency and
Inspection) Regulation 1970
Factories and Machinery (Building Operation and Works of Engineering
Construction) Regulation 1989
Factories and Machinery (Electric Passenger and
Goods Lift) Regulation 1970
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Factories and Machinery (Electric and Passenger
Goods Lift) Regulation 1970
61

Application to all electric passenger and good lifts


Exemption given to approved by Chief Inspector
Factories and Machinery (Electric and Passenger
Goods Lift) Regulation 1970
62

Design, construction, installation,


testing
Lifts load and capacity
Lift safety equipment
Operation and control
testing
Approval for lift installation
Information and dimension of lift
Drawing showing design and location of
lift
Certificate from manufacturer
Certificate of lift safety equipment test
Certificate of wire rope
Factories and Machinery (Electric and Passenger
Goods Lift) Regulation 1970
63

Maintenance
Responsible of owner
Responsible for proper maintenance
Inspect lifts every 3 months

Responsibility of competent person


To enter into maintenance agreement
with approved firm
Inform the inspector of the agreement
Conduct and maintain maintenance
record for each lift
Regulations on Occupational Health (FMA, 1967)
64

Safety regulations under FMA 1967


Factories and Machinery (Steam Boiler and Unfired Pressure Vessel)
Regulation 1970
Factories and Machinery (Person in Charge) Regulation 1970

Factories and Machinery (Electric Passenger and Goods Lift) Regulation


1970
Factories and Machinery (Fencing of Machinery and Safety) Regulation
1970
Factories and Machinery (Safety, Health and Welfare) Regulation 1970
Factories and Machinery (Notification, Certificates of Competency and
Inspection) Regulation 1970
Factories and Machinery (Building Operation and Works of Engineering
Construction) Regulation 1989
Factories and Machinery (Safety, Health and Welfare)
Regulation 1970
65
Factories and Machinery (Safety,
66
Health and Welfare) Regulation 1970
Factories and Machinery (Safety,
67
Health and Welfare) Regulation 1970
Regulations on Occupational Health (FMA, 1967)
68

Safety regulations under FMA 1967


Factories and Machinery (Steam Boiler and Unfired Pressure Vessel)
Regulation 1970
Factories and Machinery (Person in Charge) Regulation 1970

Factories and Machinery (Electric Passenger and Goods Lift) Regulation


1970
Factories and Machinery (Fencing of Machinery and Safety) Regulation
1970
Factories and Machinery (Safety, Health and Welfare) Regulation 1970
Factories and Machinery (Notification, Certificates of Competency and
Inspection) Regulation 1970
Factories and Machinery (Building Operation and Works of Engineering
Construction) Regulation 1989
FACTORIES AND MACHINERY (NOTIFICATION,
CERTIFICATE OF FITNESS AND INSPECTION)
69
REGULATIONS, 1970
FACTORIES AND MACHINERY (NOTIFICATION,
CERTIFICATE OF FITNESS AND INSPECTION)
70
REGULATIONS, 1970
FACTORIES AND MACHINERY (NOTIFICATION,
CERTIFICATE OF FITNESS AND INSPECTION)
71
REGULATIONS, 1970
Regulations on Occupational Health (FMA, 1967)
72

Safety regulations under FMA 1967


Factories and Machinery (Steam Boiler and Unfired Pressure Vessel)
Regulation 1970
Factories and Machinery (Person in Charge) Regulation 1970

Factories and Machinery (Electric Passenger and Goods Lift) Regulation


1970
Factories and Machinery (Fencing of Machinery and Safety) Regulation
1970
Factories and Machinery (Safety, Health and Welfare) Regulation 1970
Factories and Machinery (Notification, Certificates of Competency and
Inspection) Regulation 1970
Factories and Machinery (Building Operation and Works of
Engineering Construction) Regulation 1989
Factories and Machinery (Building Operation and
Works of Engineering Construction) Regulation 1989
73
Factories and Machinery (Building Operation and
Works of Engineering Construction) Regulation 1989
74
Factories and Machinery (Building Operation and
Works of Engineering Construction) Regulation 1989
75
Factories and Machinery (Building Operation and Works of
Engineering Construction) Regulation 1989

76
ACT 514: Occupational Safety
77
and Health Act 1994
OSH Act 1994 and Good Engineering
2.3.1 Objective and Practice
applications in 10 sectors of 2.3.7 Powers of DOSH
industry Inspector
2.3.2 Philosophy of OSHA 2.3.8 Notice of Prohibition/
and OSHA framework Improvement and Penalties
2.3.3 General Duty of 2.3.9 National Council for
Employer OSH

2.3.4 Duties of Designers, 2.3.10 Safety and


Manufacturers, Importers and Health Committee
Suppliers of Plant 2.3.11 OSHA Regulations
2.3.5 General Duties of 2.3.12 OSH Orders
Employee and Protection for
Employee 2.3.13 OSH ICOPs/
Manuals
2.3.6 Safe System of Work
ACT 514: Occupational Safety and
Health Act 1994
78
ACT 514: Occupational Safety and Health Act
1994
79

This legislation was made considering the fact that


the Factory and Machinery Act 1967 only covers
occupational safety and health in the
manufacturing, mining, quarrying and construction
industries, whereas the other industries are not
covered.
The purpose of Occupational Safety and Health Act
1994 is to promote and encourage occupational
safety and health 2.3.2.
ACT 514: Occupational Safety
80
and Health Act 1994
OSH Act 1994

2.3.1 Objective and applications


in 10 sectors of industry
2.3.2 Philosophy of OSHA and OSHA framework
2.3.3 General Duty of Employer
2.3.4 Duties of Designers, Manufacturers, Importers and Suppliers of Plant
2.3.5 General Duties of Employee and Protection for Employee
2.3.6 Safe System of Work and Good Engineering Practice
2.3.7 Powers of

DOSH Inspector
2.3.8 Notice of Prohibition/ Improvement and Penalties
2.3.9 National Council for OSH
2.3.10 Safety and Health Committee
2.3.11 OSHA Regulations
2.3.12 OSH Orders
2.3.13 OSH ICOPs/ Manuals
OBJECTIVES OF OSHA
81

The objects of this Act are


(a) to secure the safety, health and welfare of persons at work against risks to
safety or health arising out of the activities of persons at work;
(b) to protect persons at a place of work other than persons at work against
risks to safety or health arising out of the activities of persons at work;
(c) to promote an occupational environment for persons at work which is
adapted to their physiological and psychological needs;
(d) to provide the means whereby the associated occupational safety and
health legislations may be progressively replaced by a system of regulations
and approved industry codes of practice operating in combination with the
provisions of this Act designed to maintain or improve the standards of safety
and health.
ACT 514: Occupational Safety and Health Act
1994
82

Act applies throughout Malaysia to the industries.


Nothing in this Act shall apply to work on board
ships governed by the Merchant Shipping Ordinance
1952, the Merchant Shipping Ordinance 1960 of
Sabah or Sarawak or the armed forces
Gazetted on February 24, 1994.
The legislation requires all employers with more than
five employees to formulate a written Safety and
Health Policy of their workplaces.
The Act sets out the responsibilities of the employers
and employees in maintaining a safe and healthy
working environment
Application 10 Sectors of industry
83

Manufacturing Sector Wholesale and Retail


Mining and Quarrying; Trades;
Construction; Hotel and Restaurant;
Agriculture, Finance,
Forestry and Fishing; Insurance,
Utilities; Real Estate and
Storage and Comm. Business Service
Sector;
Public Services
Concept of OSHA 1994
84

Accident prevention is an essential part of good


management and workmanship
Management and workers must cooperate
Top management must take the lead
A define and known safety and health policy
Organization and resources to achieve policy
Best available knowledge and methods
Act 514
85 Occupational Safety and Health Act 1994

Regulations under OSHA 1994

Occupational Safety and Health (Safety and Health Officer) Order 1997
Occupational Safety and Health (Prohibition of Use of Substance) Order 1999

Guidelines Code of practice


86
Section 15(2) General Duties of Employers & Self-Employed
87

Persons to Their Employees

So far as is practicable
a) Provide and maintain safe plant and safe system of work.
b) Make arrangements for safe use, operation, handling, storage
and transportation of substances and plant.
c) Provide information, instruction, training and supervision.
d) Provide and maintain safe place of work and safe access and
egress; and
e) Provide and maintain working environment that is safe and
without health risk and with adequate welfare facilities.
88

Section 16 Duty to Formulate Safety & Health Policy

a) Prepare a written general OSH Policy.


b) Revise such policy when appropriate.
c) Organisation and arrangement for
translating such policy in his/her
undertakings.
d) Acknowledge his/her employees on any
revision of the policy.
e) Employer with < 5 workers is exempted.
89

Section 17 General Duties of Employers & Self-


Employed Persons to Persons Other Than Their
Employees
a) conduct his undertaking in a manner that will not
endanger and expose himself and other persons.
b) provide necessary information to other persons on the
manner in which he conduct his undertaking as might
affect their safety or health.
90

Section 18 Duties of an Occupier of Place of Work


to Persons Other Than His Employees

a) safe means of access & egress for use by persons other


than his employees.
b) ensure the safe and absence of risk in connection with
the use of plant and substances provided for use by
persons other than his employees.
91

Section 19 Penalties

A person who contravene the provisions of Section


15, 16, 17 or 18 shall be guilty of an offence and
shall on conviction be liable to:
Maximum Fine
RM50,000; or Maximum
Imprisonment 2 Years; or
Both
Summary of Employers duties
92

undertake suitable and sufficient written provide health and safety information to
risk assessments when there are five or employees and others, such as other
employers the self-employed and their
more employees; employees who are sharing the same
workplace and parents of child employees
put in place effective arrangements for the or those on work experience;
planning, organization, control, monitoring
and review of health and safety measures cooperate in health and safety matters with
other employers who share the same
in the workplace (including health workplace;
surveillance). Such arrangements should provide employees with adequate and
be recorded if there are five or more relevant health and safety training;
employees;
provide temporary workers and their
employ (to be preferred) or contract contract agency with appropriate health
competent persons to help them comply and safety information;
with health and safety duties; protect new and expectant mothers and
young persons from particular risks;
develop suitable emergency procedures.
under certain circumstances, as outlined in
Ensure that employees and others are Regulation, provide health surveillance for
aware of these procedures and can apply employees.
them;
93
94

Section 20 Duties of Designers,


Manufacturers & Suppliers as Regards Plant
for Use at Work

a) Plant is of safe design and construction and


without risk to health when properly used.
b) Arrange/carry out necessary test/examination.
c) Provision of adequate information of plant.
95

Section 21 Duties Designers, Manufacturers &


Suppliers as Regards Substances for Use at
Work
a) Substance is of safe and without risk to health
when properly used.
b) Arrange/carry out necessary test/examination.
c) Provision of adequate information of substances.
96

Section 23 Penalties
A person who contravene the provisions of Section 20
or 21 shall be guilty of an offence and shall on
conviction be liable to:

Maximum Fine RM20,000; or


Maximum Imprisonment 2
Years; or Both
97
98

Summary Employees duties


Employees must:
1. use any equipment or substance in accordance with any
training or instruction given by the employer;
2. report to the employer any serious or imminent danger;
3. report any shortcomings in the employers protective health
and safety arrangements.
99

Section 24(1) General Duties of Employees at Work

a) Reasonable care for safety and health of himself and others;


b) Cooperate with employer and others;
c) Wear and use PPE; and
d) Comply with instructions on OSH.

Maximum Fine RM1,000;


or Maximum
Imprisonment 3 Months;
or Both
100

a) Section 25 Duty Not to Interfere With or Misuse Things


Provided Pursuant to Certain Provisions.
b) A person who contravene the provisions of Section 25
shall be guilty of an offence and shall on conviction be
liable to:
Maximum Fine
RM20,000; or
Maximum
Imprisonment 2 Years;
or Both
101

a) Section 26 - Duty Not to Charge Employees for Things


Done or Provided.
b) A person who contravene the provisions of Section 26
shall be guilty of an offence and shall on conviction be
liable to:

Maximum Fine RM10,000; or


Maximum Imprisonment 1
Year; or Both
102

a) Section 30 Establishment of Safety & Health


Committee.
b) A person who contravene the provisions of Section 30
shall be guilty of an offence and shall on conviction be
liable to:

Maximum Fine RM5,000; or


Maximum Imprisonment 6
Months; or Both
103
PART/ SECTION DESCRIPTION PENALTY

OSH (Employers Safety


Employers with than 5 workers are
& Health General Policy
exempted form the duties stipulated -
Statements) (Exceptions)
under Section 16, OSHA 1994.
Regulations 1995

OSH (Control of Max. RM50,000.00; or


Employer to make arrangements for
Industrial Major Max 2 years imprisonment
handling emergency at the
Accident Hazards) or
workplace.
Regulations 1996 Both

Under certain conditions, employer Max. RM5,000.00; or


OSH (Safety & Health
shall establish and maintain Max 6 months imprisonment
Committee) Regulations
workplace Safety & Health or
1996
Committee. Both
104
PART/ SECTION DESCRIPTION PENALTY

Employer to employ competent


Max. RM5,000.00; or
OSH (Safety & Health person as Safety & Health Officer
Max 6 months imprisonment
Officer) Regulations and other duties in ensuring such
or
1997 personnel could perform his duties
Both
effectively.

OSH (Safety & Health Define class of industry to appoint


- do -
Officer) Orders 1997 competent Safety & Health Officer.

OSH (Prohibition of Use


Certain substances are prohibited to
of Substances) - do -
be used.
Regulations 1999
105
PART/ SECTION DESCRIPTION PENALTY

OSH (Use and Standard Max. RM5,000.00; or


Employer to monitor employees
of Exposure of Chemical Max 6 months imprisonment
health if there are chemicals being
Hazardous to Health) or
used in the workplace.
Regulations 2000 Both

OSH (Notification of
Employer to notify JKKP for all
Accident, Dangerous
accidents, dangerous occurrences, Max. RM10,000.00; or
Occurrence, Occupational
occupational poisoning and Max 1 year imprisonment or
Poisoning &
occupational diseases occurred at Both
Occupational Disease)
the workplace.
Regulations 2004
106
Section 15(2) General Duties of Employers & Self-Employed
Persons to Their Employees
107

(1) It shall be the duty of every employer and every self employed person to ensure, so far as
is practicable, the safety, health and welfare at work of all his employees.
(2) Without prejudice to the generality of subsection (1), the matters to which the duty extends
include in particular
(a) the provision and maintenance of plant and systems of work that are, so far as is practicable,
safe and without risks to health;
(b) the making of arrangements for ensuring, so far as is practicable, safety and absence of risks to
health in connection with the use or operation, handling, storage and transport of plant and substances;
(c) the provision of such information, instruction, training and supervision as is necessary to ensure, so
far as is practicable, the safety and health at work of his employees;
(d) so far as is practicable, as regards any place of work under the control of the employer or self-
employed person, the maintenance of it in a condition that is safe and without risks to health and the
provision and maintenance of the means of access to and egress from it that are safe and without
such risks;
(e) the provision and maintenance of a working environment for his employees that is, so far as is
practicable, safe, without risks to health, and adequate as regards facilities for their welfare at work.
Section 15(2) General Duties of Employers &
Self-Employed Persons to Their Employees
108

General duties of employers and self-employed persons to persons other


than their employees
To conduct his undertaking in safe manner, as far as practicable and to inform
about the risks associated with their undertaking to persons other than their
employees who may be affected.
To give to persons, not being his employees, who may be affected by the
manner in which he conducts his undertakings, the prescribed information on
such aspects of the manner in which he conducts his undertaking as might affect
their safety/health.
Duties of an occupier of a place of work to persons other than his
employees
Shall take such measures as are practicable to ensure that the premises, all
means of access thereto and egress there from available for use by persons
using the premises, and any plant or substance in the premises or provided for
use there, is or are safe and without risks to health.
Section 15(2) General Duties of Employers &
Self-Employed Persons to Their Employees
109

A person who has an obligation of any extent in relation to :-


~ The maintenance or repair of a place of work.
~ The prevention of risks to safety and health that may arise from the
use of any plant or substance in the place of work.
Penalty for person contravenes this is fine not exceeding RM 50,000 or
to imprisonment for a term not more than two years or both.
110
GENERAL DUTIES OF DESIGNERS,
MANUFACTURERS AND SUPPLIERS
111

General duties of manufacturers, etc., as regards plant for use at work


(a) to ensure, so far as is practicable, that the plant is so designed and constructed as
to be safe and without risks to health when properly used;
(b) to carry out or arrange for the carrying out of such testing and examination as may
be necessary for the performance of the duty imposed on him by paragraph (a); and
(c) to take such steps as are necessary to secure that there will be available in
connection with the use of the plant at work adequate information about the use for
which it is designed and has been tested, and about any condition necessary to ensure
that, when put to that use, it will be safe and without risks to health.
(d) to carry out or arrange for the carrying out of any necessary research with a view
to the discovery and, so far as is practicable, the elimination or minimization of any
risk to safety or health to which the design or plant may give rise.
(e) To ensure all installation are perfect to avoid it is erected or installed makes it
unsafe or a risk to health when properly used.
GENERAL DUTIES OF DESIGNERS,
112
MANUFACTURERS AND SUPPLIERS
General duties of manufacturers, etc., as regards substances for use at
work
(a) to ensure, so far as is practicable, that the substance is safe and without
risks to health when properly used;
(b) to carry out or arrange for the carrying out of such testing and
examination as may be necessary for the performance of the duty imposed on
him by paragraph (a); and
(c) to take such steps as are necessary to ensure that there will be available
in connection with the use of the substance at work adequate information
about the results of any relevant test which has been carried out on or in
connection with the substance and about any condition necessary to ensure that
it will be safe and without risks to health when properly used.
(d) to carry out or arrange for the carrying out of any necessary research with
a view to the discovery and, so far as is practicable, the elimination or
minimization of any risk to safety or health to which the substance may give
rise.
113
General duties of employees at work
114

It shall be the duty of every employee while at work


(a) to take reasonable care for the safety and health of himself and of
other persons who may be affected by his acts or omissions at work;
(b) to co-operate with his employer or any other person in the
discharge of any duty or requirement imposed on the employer or that
other person by this Act or any regulation made thereunder;
(c) to wear or use at all times any protective equipment or clothing
provided by the employer for the purpose of preventing risks to his
safety and health; and
(d) to comply with any instruction or measure on occupational safety
and health instituted by his employer or any other person by or under
this Act or any regulation made thereunder.
General duties of employees at work
115

25) Duty not to interfere with or misuse things provided


pursuant to certain provisions
A person who intentionally, recklessly or negligently interferes
with or misuses anything provided or done in the interests of
safety, health and welfare in pursuance of this Act shall be guilty
of an offence and shall, on conviction, be liable to a fine not
exceeding twenty thousand ringgit or to imprisonment for a term
not exceeding two years or to both.
26) Duty not to charge employees for things done or provided
No employer shall levy or permit to be levied on any employee
of his any charge in respect of anything done or provided in
pursuance of this Act or any regulation made thereunder.
Discrimination against employee, etc.
116

No employer shall dismiss an No trade union shall take any


employee action on any of its members
No employer shall dismiss an employee, No trade union shall take any action
injure him in his employment, or alter his on any of its members who, being
position to his detriment by reason only an employee at a place of work
that the employee
(a) makes a complaint about a
(a) makes a complaint about a matter
which he considers is not safe or is a risk matter which he considers is not safe
to health; or is a risk to health;
(b) is a member of a safety and health (b) is a member of a safety and
committee established pursuant to this health committee established
Act; or pursuant to this Act; or
(c) exercises any of his functions as a (c) exercises any of his functions as
member of the safety and health a member of the safety and health
committee. committee
117
118
119
Enforcement and Investigation
120

An occupational safety and health officer at


any reasonable time, may inspect and
An officer may for the purposes of this section
examine any place of work other than a place
seek the assistance of the police if he has
used solely for residential purposes provided
reasonable cause to apprehend any serious
that he may enter the residential place with
obstruction in the execution of his duty.
the consent of the owner or if he has
reasonable cause to believe that a On entering any place of work or residential
contravention of this Act is likely to be place, an officer may bring with him any other
committed. person duty or any equipment or material
required for any purpose.
Provided that he may enter the residential
place with the consent of the owner or if he
has reasonable cause to believe that a
contravention of this Act or any regulation
made thereunder has or is likely to be
committed.
Enforcement and Investigation
121

In exercising his powers, an officer may


make examination and -take samples of any article
investigation of any plant, or substance found in the
substance, article or other place of work which he has
thing as may be necessary to power to enter, and of the
ascertain whether or not this atmosphere in or in the
Act has been complied with; vicinity of the place of work;
-direct that the place of -require any person
work or any part thereof, or employed in a place of work
anything therein, shall be left in which any of the diseases
undisturbed; named in the Third Schedule
of the Factories and
take such measurements Machinery Act 1967 or any
and photographs and make disease named in any
such recordings as he regulation or order made by
considers necessary for the the Minister under this Act
purpose of any examination has occurred to be medically
or investigation; examined.
Enforcement and Investigation
122

Where an officer is of the opinion that a plant or substance has cause


or likely to cause a danger to safety and health, he may :-

(a) -cause it to be (b) take possessions of it and detain it for so long


dismantled or as is necessary for all or any of the following
subjected to any purposes :
process or test at any
convenient place and - to examine it and do to it anything which he
at such reasonable has power to do;
time as he may
- to ensure that it is not tampered with before
appoint, but not so
his examination of it is completed;
as to damage or
destroy it; - to ensure that it is available for use as
evidence in and proceedings for an offence
under this Act .
Enforcement and Investigation
123

Where an officer is a medical officer he may :-


~ carry out such medical examination as maybe necessary for
the purposes of his duties; and
~ exercise such other powers as may be necessary.
Enforcement and Investigation
124

Entry into premises with search warrant and power of seizure


In every case where a Magistrate was given information that there is in a place of
work or residential place any article, thing, book, document, plant, substance,
installation or part thereof which has been used to commit or intended to be used to
commit an offence under this Act, he shall issue a warrant which an officer named in
the warrant may enter the place of work or residential place at any reasonable time
by day or night, and search for and seize or seal the article, thing, book, document,
plant, substance, installation or part thereof.
Entry into premises without search warrant and power of seizure
Where an officer is satisfied upon information received that he has reasonable
grounds for believing that, by reason of delay in obtaining a search warrant, any
article, thing, book, document, plant, substance, installation or part thereof in a place
of work or residential place used to commit or intended to be used to commit an
offence under this Act is likely to be removed or destroyed, he may enter the place of
work or residential place without a warrant and seize or seal the article, thing, book,
document, plant, substance, installation or part thereof found therein, provided that it
shall be an offence for a person without lawful authority to do such thing.
Enforcement and Investigation
125

Power of forceful entry and service on occupier of signed copy of list of


things seized from premises
(1) An officer may, if it is necessary to do so :-
~ break open any outer or inner door of a place of work or residential place and enter
there into;
~ forcibly enter the place and every part thereof;
~ remove by force any obstruction to entry, search, seizure and removal as he is
empowered to effect; and
~ detain every person found in the place until the place has been searched.

(2) The officer seizing any article, thing, book, document, plant, substance,
installation or part thereof shall prepare a list of the things seized and deliver a copy
of the list signed by him to the occupier, or his agent or servant present in the
premises, and if the premises are unoccupied the officer shall, wherever possible,
post a list of the thing seized on the premises.
Enforcement and Investigation
126

Further provisions in
relation to inspection (3) Where an officer proposes to take and remove a
sample from a place of work for the purposes of
(1) Upon entering any place of work analysis, he shall notify the employer and the safety
an officer shall take all reasonable and health committee and after having taken the
steps to notify the employer and the sample he shall where possible :-
safety and health committee of the
a. ~ divide the sample taken into as many parts as
entry.
are necessary and mark and seal or mark and
(2) Upon concluding an inspection, fasten up each part in such a manner as its
an officer shall give to the employer nature will permit;
and the safety and health committee
information with respect to his b. ~ if required by the employer or the safety and
observations and any action he health committee, deliver one part each to the
proposes to take in relation to the employer or the safety and health committee;
place of work. c. ~ retain one part for future comparison; and
d. ~ if an analysis of the sample is to be made,
submit another part to an analyst for analysis.
Enforcement and Investigation
127

Power of investigation
1) An officer shall have the power to investigate the commission of any
offence under this Act.
2) An officer may exercise the special powers in relation to police
investigation except that the power to arrest without warrant given by
the Criminal Procedure Code in any sizable offence may not be
exercised by him.
3) Upon completion of his investigation, the officer shall give all
information relating to the commission of the offence to a police officer
in charge and the police officer may. by warrant, arrest any person who
may have committed an offence under this Act.
Enforcement and Investigation
128

Power to examine witnesses


4) An officer obtaining information from a person
1) An officer making an investigation may examine shall first inform the person of the provisions.
orally any perosn who appears to him to be
5) A statement made by a person under this section
acquainted with the facts and circumstances of
shall be reduced into writing and signed by him
the case.
or affixed with his thumb print, as the case may
2) The person referred to shall be legally bound to be, after it has been read to him in the language
answer all questions relating to the case put to in which he made it and after he has been given
him by the officer : an opportunity to make any correction he may
wish.
a) ~ provided that the person may refuse to
answer any question if the officer fails or 6) Where an officer uses the assistance of an
refuses on demand to produce to him the interpreter, any inquiry or requisition to a person
certificate of authorisation issued by the made on behalf of the officer by the interpreter
Director General to the officer; shall be deemed to have been actually made by
the officer, and any answer thereto made to the
b) ~ provided further that the person may interpreter shall be deemed to have been actually
refuse to answer any question the answer to made to the officer.
which would have a tendency to expose him
to a criminal charge or penalty or forfeiture. 7) The owner or occupier of, or employer at, any
place of work and the agent or the employee of
3) A person making a statement under this section the owner, occupier or employer shall provide
shall be legally bound to state the truth whether such assistance as the officer may require for
or not the statement is made wholly or partly in any entry, inspection, examination or inquiry or
answer to questions. for the exercise of his powers under this Act.
Enforcement and Investigation
129

Offences in relation to inspection


A person who :-
a) ~ refuses access to a place of work to an officer or a person assisting him
b) ~ obstructs the officer, or induces or attempts to induce any other person to do
so;
c) ~ fails to produce any document required under this Act by the officer;
d) ~ conceals the location or existence of any other person or any plant or substance
from the officer;
e) ~ prevents or attempts to prevent any other person from assisting the officer; or
f) ~ hinders, impedes or opposes the officer in the exercise of his powers under this
Act or any regulation made there under,
On conviction, be liable to a fine not exceeding RM10,000 or to
imprisonment not exceeding one year or both.
Enforcement and Investigation
130

Improvement notice and prohibition notice


If an officer is of the opinion that a place of work, plant, substance or
process is likely to be a danger, cause bodily injury, is a serious risk to
health or cause damage to any property, he shall serve an
improvement notice on the person who controls the place, requiring the
person to take measures to remove the danger within such period and
in every such case the place of work, plant, substance or process shall
not be used or operated even after the period of expiry of the notice
until the danger has been removed.
If an officer is of the opinion that the defect is likely to cause immediate
danger to life or property, he shall serve a prohibition notice
prohibiting the use or operation of the place of work, plant, substance
or process until such time that any danger posed is removed.
Enforcement and Investigation
131

An improvement notice or a prohibition notice shall :-


~ state that the officer is of the opinion that there is occurring or may
occur an activity which is likely to be a danger or to cause bodily injury
or a serious risk to health or to cause damage or to cause immediate
danger to life or property, and state the reason for the opinion; and
~ where in the officers opinion the activity concerned is a contravention
or is likely to be a contravention, specify the provision and state the
reasons for the opinion.
An officer may include in an improvement notice or a prohibition notice
directions as to the measures to be taken to remove any danger, likely
danger, risk, matter or activity to which the notice relates and the
directions may refer to any approved industry code of practice.
An officer may proceed to render inoperative the place of work, plant,
substance or process by any means he may deem best suited for the
purpose.
Enforcement and Investigation
132

An officer may, if he deems fit, recover the cost of the action


from the occupier or person having responsibility or control of
the place of work, plant, substance or process.
On conviction, be liable to a fine not exceeding RM50,000 or to
imprisonment not exceeding five years or both and to a further
fine of RM500 per day during which the offence continues.
A person who is aggrieved may appeal to an appeal committee
within 30 days from the date of the decision.
133
134
135
136

SEE at Occupational Safety and Health


(Safety and Health Committee) Regulations
1996
137

REGULATIONS UNDER
OCCUPATIONAL SAFETY
AND HEALTH ACT 1994
(ACT 514)
REGULATIONS UNDER OCCUPATIONAL
SAFETY AND HEALTH ACT 1994 (ACT 514)
138
REGULATIONS UNDER OCCUPATIONAL
SAFETY AND HEALTH ACT 1994 (ACT 514)
139

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REGULATIONS UNDER OCCUPATIONAL
SAFETY AND HEALTH ACT 1994 (ACT 514)
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Safety Data Sheet of Hazardous Chemicals) Regulations 2013
142
Occupational Safety and Health (Classification, Labelling and
Safety Data Sheet of Hazardous Chemicals) Regulations 2013
143

FOUR MAIN DUTIES OF SUPPLIER


1. To Classify Chemicals
2. To Ensure Chemicals Supplied In
Good Packaging
3. To Label Packages
4. To Furnish Chemical Safety
Datasheet

20-Mar-17
Occupational Safety and Health (Classification, Labelling and
Safety Data Sheet of Hazardous Chemicals) Regulations 2013
144

CPL: CHEMICAL CLASSIFICATION


Part A : Based on Part B: Based on Health
Physicochemical Effects
Properties
Very Toxic
Explosive
Toxic
Oxidising
Corrosive
Extremely Flammable
Harmful
Highly Flammable
Irritant
Flammable

20-Mar-17
Occupational Safety and Health (Classification, Labelling and
Safety Data Sheet of Hazardous Chemicals) Regulations 2013
145

CHEMICAL SAFETY DATA SHEET


Safety data sheets provide information on chemical
products that help users of those chemicals to make a
risk assessment. They describe the hazards the
chemical presents, and give information on handling,
storage and emergency measures in case of
accident.
15 mandatory information based on ILO
Recommendation 177
Recommended format as in Guidelines
Be in both the National Language and English

20-Mar-17
Occupational Safety and Health (Classification, Labelling and
Safety Data Sheet of Hazardous Chemicals) Regulations 2013
146

LABELLING
Diamond shape (similar to
UNTDG)
Symbol follows EU
An exploding bomb
A flame over a circle
A flame
A skull & cross bones
Damaging effect of an acid
A St. Andrews Cross

20-Mar-17
Occupational Safety and Health (Classification, Labelling and
Safety Data Sheet of Hazardous Chemicals) Regulations 2013
147

GUIDELINES UNDER CPL

Classification of Hazardous
Chemicals 1997
Formulation of Chemical Safety
Data Sheet 1997
Labelling of Hazardous
Chemicals 1997

20-Mar-17
148


REGULATIONS UNDER OCCUPATIONAL
SAFETY AND HEALTH ACT 1994 (ACT 514)
149

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150
151
152
153


154
155
156
157
158


REGULATIONS UNDER OCCUPATIONAL
SAFETY AND HEALTH ACT 1994 (ACT 514)
159

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OCCUPATIONAL SAFETY AND HEALTH (SAFETY
AND HEALTH OFFICER) REGULATIONS 1997
160
OCCUPATIONAL SAFETY AND HEALTH (SAFETY AND
HEALTH OFFICER) REGULATIONS 1997
161

Commencement
The Regulations and the Order were both gazetted
21st August 97 & come into force 22nd August 97
Rationale
To provide legal framework for registration &
notification of Safety & Health Officer (SHO)
To lay down duties of employer towards SHO
To lay down duties of SHO
To specify class or industries where SHO is to be
employed

20-Mar-17
OCCUPATIONAL SAFETY AND HEALTH (SAFETY AND
HEALTH OFFICER) REGULATIONS 1997
162

DUTIES OF SHO- SAFETY AND HEALTH OFFICER)


to advise employer on the to become the secretary of a S&H
measures to be taken in the Committee
interests of safety and health to assist the S&H Committee in
to inspect place of work to inspections
determine any hazard liable to to collect, analyse & maintain
cause bodily injury statistics
to investigate any accident, near to assist any officer in carrying his
miss, dangerous occurrence, duty under the Act and regulations
poisoning or disease to carry out any other instruction
made by the employer on any
to assist employer or S&H matters pertaining to safety &
Committee in organising and health at workplace
implementing OSH programme
20-Mar-17
OCCUPATIONAL SAFETY AND HEALTH (SAFETY AND
HEALTH OFFICER) REGULATIONS 1997
163

Employer of the following class (continuation)


or description of industries shall 5. any chemical or allied industry
employ a safety and health with more than 100 employees
officer
6. any boiler or pressure vessel
1. building operation : contract manufacturing activity with
price exceeds RM20 more than 100 employees
million
7. any metal industry with more
2. work of engineering than 100 employees
construction : contract price
exceeds RM20 million 8. any wood working industry with
more than 100 employees
3. any ship building at peak of
work employ more than 100 9. any cement mfg with more than
employees 100 employees
4. any gas processing or 10. other manufacturing activity
petrochemical industries with other than (f) - (i) with more
more than 100 employees than 500 employees

20-Mar-17
OCCUPATIONAL SAFETY AND HEALTH (SAFETY AND
HEALTH OFFICER) REGULATIONS 1997
164

QUALIFICATION FOR REGISTRATION AS A SAFETY &


HEALTH OFFICER
Diploma in OSH or equivalent approved by Minister
Completed a course of training in OSH & passed any
examination or equivalent approved by Minister & has
minimum 3 years experience in OSH
(SHO Course conducted by NIOSH is one of the approved course)
Been working in the area of OSH for at least 10 years
Holds other qualification or has received training as
prescribed by Minister

20-Mar-17
165


REGULATIONS UNDER OCCUPATIONAL
SAFETY AND HEALTH ACT 1994 (ACT 514)
166

1. pdf01. Occupational Safety and Health (Classification, Labelling and Safety Data Sheet of Hazardous Chemicals) Regulations
2013 POPULAR

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4.0 pdf04. Occupational Safety and Health (Safety and Health Officer) Regulations 1997 POPULAR

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and Labelling of Hazardous' Chemicals) Regulations 1997
(Revoked)POPULAR
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167
168
169
170
171


REGULATIONS UNDER OCCUPATIONAL
SAFETY AND HEALTH ACT 1994 (ACT 514)
172

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Chemicals) Regulations 2013 POPULAR

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Poisoning and Occupational Disease) Regulations 2004 POPULAR

3.0 pdf03. Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to
Health) Regulations 2000 POPULAR
4.0 pdf04. Occupational Safety and Health (Safety and Health Officer) Regulations
1997 POPULAR
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Chemicals) Regulations 1997 (Revoked)POPULAR

6.0 pdf06. Occupational Safety and Health (Safety


and Health Committee) Regulations 1996 POPULAR
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(Exception) Regulations 1995 POPULAR
OCCUPATIONAL SAFETY AND HEALTH (SAFETY AND
HEALTH COMMITTEE) REGULATIONS 1996
173
Occupational Safety & Health (Safety Committee)
Regulations 1996
174

SAFETY AND HEALTH CHAIRMAN


COMMITTEE - Employer or his authorised
A GROUP OF manager
RESPONSIBLE PEOPLE SECRETARY
COMMITED IN THEIR ALL
- Safety and health officer
OUT EFFORT TO
PROVIDE A SAFE AND EMPLOYERS REPRESENTATIVES
HEALTHY WORKPLACE - Division managers / directors
- Sections supervisors
EMPLOYEES REPRESENTATIVES
- Representatives from various
section

20-Mar-17
Occupational Safety and Health
175
(Safety Committee) Regulations 1996

OBJECTIVES
To promote consultation and cooperation between
management and workers in upgrading safety & health at
work
To provide a two-way communication channel for
dissemination of information on safety & health issues
To enhance interest and motivation of all groups of

management and workers at workplace of work in safety &


health
Occupational Safety and Health (Safety Committee)
Regulations 1996
176

SPECIFIC FUNCTIONS OF COMMITTEE SPECIFIC FUNCTIONS OF COMMITTEE


1) Assist in development of rules and 6) Perform immediate investigation of
systems accidents and recommend corrective
2) Assist in development and review measure
of programmes 7) Investigate complains of unsafe
3) Perform analysis of incident trends practices and recommend corrective
and statistic measure
4) Review and recommend 8) Assist in development of promotional
amendments to safety and health and education programmes
policy 9) Discuss reports and matters from
5) Perform inspections and safety officer, enforcement officers,
recommend preventive measures etc
10)Advise employer on safety and health
matters

20-Mar-17
177


REGULATIONS UNDER OCCUPATIONAL
SAFETY AND HEALTH ACT 1994 (ACT 514)
178

1. pdf01. Occupational Safety and Health (Classification, Labelling and Safety Data Sheet of Hazardous
Chemicals) Regulations 2013 POPULAR

2.0 pdf02. Occupational Safety and Health (Notification of Accident, Dangerous Occurrence, Occupational
Poisoning and Occupational Disease) Regulations 2004 POPULAR

3.0 pdf03. Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to
Health) Regulations 2000 POPULAR
4.0 pdf04. Occupational Safety and Health (Safety and Health Officer) Regulations
1997 POPULAR

5.0 archive05. Occupational Safety and Health (Classification, Packaging and Labelling of Hazardous' Chemicals) Regulations 1997 (Revoked)POPULAR

6.0 pdf06. Occupational Safety and Health (Safety and Health Committee) Regulations
1996 POPULAR

7.0 pdf07. Occupational Safety and Health (Control of Industrial Major


Accident Hazards) Regulations 1996 POPULAR
8.0 pdf08. Occupational Safety and Health (Employers' Safety and Health General Policy Statements)
(Exception) Regulations 1995 POPULAR
179
180
181
182
Petroleum (Safety Measures) Act 1984
183

Petroleum (Safety Measures) Act


1984
Petroleum (Safety Measures) Act 1984
184

Act and regulations related to


Objective petroleum safety which consist of:-
Petroleum (Safety Measures) Act 1984
This Act controls the

Petroleum (Safety Measures) (Transportation of


Petroleum by Water) Regulations 1985
safety of petroleum Petroleum (Safety Measures) (Transportation of
Petroleum by Pipelines) Regulations 1985
from the aspects of Petroleum (Safety Measures) (Storage and
Handling of Petroleum) Regulations
storage, handling, Petroleum (Safety Measures) (Transportation of
Petroleum by Road) Regulations
transportation and Petroleum (Safety Measures) (Transportation of
Petroleum by Railway) Regulations
utilization of Petroleum (Safety Measures) (Utilization of
Equipment/Appliances)
equipment/appliances.
185
186
187
188
189

SUMMARY
Factories and Machinery Act (FMA)
190
1967
Regulations on Occupational Health Regulations on Occupational
under FMA 1967 Health under FMA 1967
Health regulations under FMA Safety regulations under FMA 1967
1. Factories and Machinery (Steam Boiler and
1967 Unfired Pressure Vessel) Regulation 1970
1. Factories and Machinery 2. Factories and Machinery (Person in Charge)
Regulation 1970
(Lead) Regulation 1984 3. Factories and Machinery (Electric Passenger
2. Factories and Machinery and Goods Lift) Regulation 1970
(Asbestos) Regulation 1986 4. Factories and Machinery (Fencing of
Machinery and Safety) Regulation 1970
3. Factories and Machinery 5. Factories and Machinery (Safety, Health
(Mineral Dust) Regulation and Welfare) Regulation 1970
6. Factories and Machinery (Notification,
1989 Certificates of Competency and Inspection)
Regulation 1970
4. Factories and Machinery
7. Factories and Machinery (Building
(Noise Exposure) Regulation Operation and Works of Engineering
1989 Construction) Regulation 1989
REGULATIONS UNDER OCCUPATIONAL
SAFETY AND HEALTH ACT 1994 (ACT 514)
191

1. pdf01. Occupational Safety and Health (Classification, Labelling and Safety Data Sheet of
Hazardous Chemicals) Regulations 2013

2.0 pdf02. Occupational Safety and Health (Notification of Accident, Dangerous Occurrence,
Occupational Poisoning and Occupational Disease) Regulations 2004

3.0 pdf03. Occupational Safety and Health (Use and Standards of Exposure of Chemicals
Hazardous to Health) Regulations 2000

4.0 pdf04. Occupational Safety and Health (Safety and Health Officer) Regulations 1997

5.0 archive05. Occupational Safety and Health (Classification, Packaging and Labelling of
Hazardous' Chemicals) Regulations 1997 (Revoked)

6.0 pdf06. Occupational Safety and Health (Safety and Health Committee) Regulations 1996

7.0 pdf07. Occupational Safety and Health (Control of Industrial Major Accident Hazards)
Regulations 1996
8.0 pdf08. Occupational Safety and Health (Employers' Safety and Health General Policy
Statements) (Exception) Regulations 1995

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