Dr.

Rafikullah Deraman
Department of Construction Engineering and Construction
FKAAS, UTHM

Legislation Act
+ OSHA 1994
+ FMA 1967
+ BOWECS 1986

OSHA 1994
OCCUPATIONAL SAFETY AND
HEALTH ACT 1994

Introduction
The Occupational Safety and Health Act 1994
(Act 514) is a piece of Malaysian legislation which
has been gazetted on the 25 February 1994 by the
Malaysian Parliament.

CONTENT OF OSHA
1994

Introduction
15 parts- is a measure that supersedes any
conflict in existing occupational safety and
health laws

Regulation and Legislation

The responsibilities of employers,

manufacturer, employees, self-employed
workers, designers, importers and vendors

Introduction
Regulati
on

Act

Code of
Practice
Order

OSHA
1994

Guidelin
e

Objective of OSHA 1994

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;
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;
To promote an occupational environment for
persons at work which is adapted to their
physiological and psychological needs;
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

General Duties of Employers

& Self-Employed Persons
Section 15 - General duties of employers and self-employed persons
to their employees.
1. Ensure the safety, health and welfare of all workers while at work
2. This includes:
a) Making arrangements and maintenance of plants and work system
b) Making arrangements for the use, handling, storage and
transportation of the plant and substances (materials).
c) Provision of information, instruction, training and supervision.
d) Provide and maintain workplace / access routes to and from work
areas.
e) Provide and maintain work environment with adequate welfare
facilities.

General Duties of Employers &

Self-Employed Persons
Section 15 - General duties of employers and self-employed persons
to their employees.
Additional Provision:
Employee includes independent contractor engaged by an employer or a
self employed person and any employees of the independent contractor.

General Duties of Employers &

Self-Employed Persons

Section 16 - Formulate a written Safety and Health Policy

Section 17(1) - Conduct operations without endangering the safety of

others non-workers and public.

Section 17(2) - Provide information to others on business

operations.

Section 18 - An occupier of non-domestic premises shall take

measures to ensure that the place of work is/are safe and without
risks to health to the persons other than his employees.

General Duties of
Employers & SelfEmployed Persons
Section 19 Penalties
A person who contravenes the provisions of Section 15, 16, 17
and 18 shall be guilty of an offence and shall on conviction be liable
to:

Maximum Fine
RM50,000; or Max
Imprisonment 2 Years;
or Both

General Duties of
Employers & SelfEmployed Persons
Section 26. Duty not to charge employees for things done or
provided.
The employer may not charge employees for things done or
provided in pursuance of this Act.

General Duties of
Employers & SelfEmployed Persons
Section 27 - Discrimination against employee, etc.
Employer /Trade Union may not discriminate dismiss, injure or
change position of any employee who makes complaint that he is not
safe or is risk to health and also exercises his functions as a member
of the Safety and Health Committee.

Maximum Fine
RM10,000; or Max
Imprisonment 1 Years;
or Both

General Duties of
Employers & SelfEmployed Persons
Section 29 Safety and health officer
Specific industries gazetted.
Employ a competent person to act as a safety and health officer.
Specific responsibilities to ensure compliance to the Act and
promotion of safe work.
Qualification and training requirements.

Maximum Fine
RM5,000; or Max
Imprisonment 6
months; or Both

General Duties of
Employers & SelfEmployed Persons
Section 30 Establishment of safety and health committee at
place of work.
To be established if:
a. There are 40 or more workers.
b. Instructed by Director General
Membership, selection and appointment as prescribed.
Consultation with employer

Maximum Fine
RM5,000; or Max
Imprisonment 6
months; or Both

General Duties of
Employers & SelfEmployed Persons
Section 31 Functions of safety and health committee
To review all safety and health measures that have been taken.
Investigate issues concerning occupational safety and health and
bring to attention of employer.
Other functions may be determined.

General Duties of
Employers & SelfPersons
Employed
Section 32 Notification
of Accidents, Dangerous Occurrence
Occupational Poisoning and Occupational Diseases and Inquiry
Employers to inform the nearest Department of Safety and Health
office (DOSH).
Registered Medical Practitioners should report to the Director
General.

General Duties of
Employees
Section 24 General duties of employees at work
a. Ensure personal safety and that of others.
b. Cooperate with employer and others.
c. Properly wear and /or use personal protective equipment that are
provided.
d. Comply to any safety instructions.

Maximum Fine
RM1,000; or Max
Imprisonment 3
months; or Both

General Duties of
Employees
Section 25 - Duty not to interfere with or misuse things provided
pursuant to certain provisions
An employee who intentionally, recklessly or negligently interfere of
misuse anything provided or done in the interest of safety, health
and welfare in pursuance of the Act shall be guilty of an offence.

Maximum Fine
RM20,000; or Max
Imprisonment 2 Years;
or Both

Regulations and Orders under OSHA 1994 (Act 514)

Occupational Safety and Health (Employers Safety and Health General
Policy Statement)(Exception) Regulations 1995
Occupational Safety and Health (Control of Industrial Major Accident
Hazards) Regulations 1996
Occupational Safety and Health (Safety and Health Committee)
Regulations 1996
Occupational Safety and Health (Classification, Packaging and Labeling of
Hazardous Chemicals) Regulations 1997
Occupational Safety and Health (Safety and Health Officer) Regulations
1997
Occupational Safety and Health (Safety and Health Officer) Orders 1997
Occupational Safety and Health (Prohibition of Use of Substances) Orders
1999
Occupational Safety and Health (Use and Standard of Exposure of
Chemicals Hazardous to Health) Regulations 2000
Occupational Safety and Health (Notification of Accident, dangerous
Occurrence, Occupational Poisoning and Occupation Disesases)
Regulations 2004

FMA 1967
FACTORIES AND MACHINERIES ACT
1967 (ACT 139)

Introduction
FMA 1967 was the sole OSH legislative
reference pertaining to industries
activities.
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.

Objective OF FMA 1967

To provide for the control of factories with
respect to:
matters relating to the safety, health
and welfare of persons therein;
the registration and inspection of
machinery; and
matters connected therewith.

Workers that are covered by Factory and

Machinery Act 1967 consists only of 24% of
the nations total man power, while
Occupational Safety and Health Act
(OSHA) 1994 would cover 90% of the
nations total man power.

Regulations under FMA

1967 (Act 139)
Factories & Machinery (Certificate of Competency
Examinations) Regulations 1970
Factories & Machinery (Electric Passenger and Goods Lift)
Regulations 1970
Factories & Machinery (Fencing of Machinery & Safety)
Regulations 1970
Factories & Machinery (Notification, Certificate of Fitness and
Inspection ) Regulations 1970
Factories & Machinery (Person-In-charge) Regulations 1970
Factories & Machinery (Safety, Health and Welfare) Regulations
1970
Factories & Machinery (Steam Boiler and Unfired Pressure
Vessel) Regulations 1970

Regulations under FMA

1967 (Act 139)
Factories & Machinery (Administration) Regulations 1970
Factories & Machinery (Compounding Offences) Rules 1978
& Factories & Machinery (Compoundable Offences)
Regulations 1978
Factories & Machinery (Lead Regulations 1984
Factories & Machinery (Asbestos Process)
Factories & Machinery (Noise Exposure) Regulations 1989
Factories & Machinery (Mineral Dust) Regulations 1989
Factories & Machinery (Building Operations and Works of
Engineering Construction) Regulations 1986

Related to Construction

BOWECS 1986
BUILDING OPERATIONS AND WORKS OF
ENGINEERING CONSTRUCTION (BOWECS)
1986 & OTHER LEGISL ATIONS

Introduction
Force on 1st October 1986 Building operations and works
of engineering construction only.
Building operations Construction, structural alteration,
repair & maintenance, demolition of an intended building.
Works of Engineering Construction Construction,
extension, installation, repair, maintenance, renewal,
removal, renovation, alteration, dismantling and demolition.
The regulation stipulated under Factories & Machinery Act
and Regulations.

Part I: Preliminary
Definition of terms
Contractor Person who has entered into a contract for the purpose
of carrying out any building operations or works of engineering
construction and includes main contractor or sub-contractor.
Contractors Safety Supervisor A contractors safety supervisor
appointed under Regulation 26.
Designated Person A competent person appointed by an
employer to carry out any supervision or inspection or to perform any
task or duty prescribed by these Regulations.
Employer Any person who employs another person under contract
of service.
Main contractor A person who has entered into a contract with a
owner or lessee of a property or his agent for the purpose of carrying
out any building operation or work of engineering construction.
Professional engineer A Registered Professional Engineer as
defined by Section 2 of the Registration of Engineer Act 1967.

Part II: General Provision

This part describes the general precautions to be
taken such as:
Installation of machinery, Drawing hazards, Slipping
hazards, Tripping and cutting hazards, PPE,
Electrical hazards, Public vehicular traffic, Stability
of structures, Illumination, Storage of materials,
Disposal of debris, Site safety supervisors, Safety
and health committee.

Part III: Concrete Work

This part deals with precautions to be taken in the
erection and dismantling of formwork for concrete
buildings.
PE must certify all formworks and reshores responsible
for supervision and structure stability.
Erection work supervision conduct regular inspection
record all findings.
Stripping of formwork should not commence until
concrete is fully set in accordance with PEs specification.

Part IV: Structural Steel &

Pre-cast Concrete Assembly
Safety requirements Erection of structural steel and precast concrete structures.
To control movement of structural members while being
hoisted.
Temporary flooring follow up by construction of steel
frame building.

Part V: Cleaning, Repairing &

Maintenance of Roof, Gutters,
Windows, Louvers and Ventilation
i)
Precautions step need to be taken when working on
steep roofs.
ii)
Crawling boards or roofing brackets must be installed
on roofs at
safe angle.

Part VI: Catch Platforms

i) Catch platform must be erected along the exterior face of
structures to protect the public against falling objects.
ii)

Designed and certified by PE.

Part VII: Chutes, Safety

Belts & Nets
Chutes or rubbish removal must totally enclosed if angle
exceeds 45 degrees from horizontal.
Chutes exceed 12.0m constructed in accordance with PE
design and certification.
Warning notices conspicuous position.
Debris not allow to accumulate to an unacceptable height.
Type and strength of safety belts, safety net and lifelines
shall be adequate and approved by Chief Inspector.
Defective items should be removed from work site. All
inspections to be recorded and kept on work site for
inspection by an Inspector.

Part VIII: Runways and Ramps

i) Runways and ramps for vehicles, workers and barrows to
be designed by PE.

Part IX: Ladders & Step-Ladders

i) Securely fixed to avoid slip.
ii)

Necessary for work exceeding 1.5 meters in height.

Part X: Scaffolds
i) Scaffolds and their components must constructed from
suitable & sound material and adequate strength.
ii)
Working platforms must be adequate size for specific
work and provided with guard-rails and toe-boards.

Part XI: Demolition

i) No part of a building or structure can be allowed to
become dangerously overloaded with debris; and
ii)
The work must be done under close supervision of a
designated
person.

Part XII: Excavation Work

i) Excavation must be shored or cut back to prevent
collapse.
ii)
Guardrails must be installed if excavations exceed 3
meters in depth.
iii)

Provide with access if more than 1.2 meters depth.

iv)

Inspection must be carried out and recorded.

Part XIII: Materials Handling & Storage and

Use & Disposal
i)All materials in bags, containers or bundles and other materials
stored in tiers must be stacked, blocked and limited to certain
height for stability.
ii)
safe

Aisle and passageways to be kept clear to provide free and

movement of material handling.

iii)
with

Material disposed from a height of 6 meters to be carried out

the aid of enclosed chute.

Part XIV: Piling

i)Pile driving equipment to be inspected by competent designated
person.
ii)
of a
iii)

Pile testing must be conducted under the direct supervision

designated person.
Test area is a restricted area to other workers.

Part XV: Blasting and Use of Explosive

i)Explosives must be handled under immediate control of a
competent designated person.
ii) When explosives are fired, employees must not be exposed
to risks of injury from the explosion or flying materials.

Part XVI: Hand and Power Tools

i)Hand and power tools must be maintained in safe and good
working condition.
ii)
and

The use of hand tools, electric, pneumatic, fuel, hydraulic

power driven equipment also elaborate under this part.

Part XVII: Miscellaneous

i)Failure to comply provisions made under these Regulations
shall liable the offender to a fine not exceeding RM2,000.00.

THANK YOU