INDUSTRIAL SAFETY, HEALTH AND ENVIRONMENTAL MANAGEMENT EMM 5616

ACTS AND REGULATIONS

GROUP 7
Presented by:

Teo Kok Thye Noor Hafizatun Bt. Zaini@Zulkifly Stella Nurul Zanariah Bt. Kolan Suhadiyana Bt. Hanapi Abdul Hadi B. Abdol Rahim@Ibrahim

GS30327 GS29624

GS29163 GS29158

INTRODUCTION
The occupational Safety and Health Act 1994 (Act 514) was enacted on 24th February 1994 by the DYMM Yang Dipertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled. An act to make further provisions for securing the safety, health and welfare of persons at work and to establish National Council for Occupational Safety and Health and for matters connected therewith (Source: OSHA Act 1994)

An act to provide for the planning, coordination, promotion, administration and enforcement of occupational safety and health matters and prevention of accidents, ill health and injury at workplace.
Breach of OSH statue laws is criminal offence for which financial penalties and imprisonment can be imposed.

OSHA 1994
1) Provide a legislative framework to stimulate and encourage high standards of safety and health at work place Promote safety and health awareness and establish effective safety organization through self regulation Defines general duties of employers, manufacturers, employees, the self employed, designers, importers and suppliers Covers all sectors except the armed forces and work on board ships

2) 3)

4)

Source: http://www.lawyerment.com.my/library/doc/empl/osha/

9 REGULATIONS THAT HAVE BEEN MADE UNDER OSHA 1994:

1. 2. 3. 4. 5. 6. 7. 8. 9. Occupational Safety and Health {OSH} (Employers Safety and Health General Policy Statements) (Exception) Regulations 1995 {OSH} (Control of Industrial Major Accident Hazards) Regulations 1996 {OSH} (Safety and Health Committee) Regulations 1996 {OSH} (Classification, Packaging and Labeling of Hazardous Chemicals) Regulations 1997 {OSH} (Safety and Health Officer) Regulations 1997 {OSH} (Safety and Health Officer) Order 1997 {OSH} (Prohibition of Use of Substance) Order 1999 {OSH} (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000 {OSH} (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease) Regulations 2004
Law of Malaysia as at 1st February 2011

OSHA 1994 REQUIREMENTS

For all industries If >5 Employees 40 Employees (S30) Safety & Health Policy Safety & Health Policy + Safety & Health Committee

For high risk industries (i.e. construction, ship building, gas etc.) >100 Employees Safety & Health Policy + Safety & (Order 1997) Health Committee + a Certified Safety & Health Officer

For low risk industries (other than the above mentioned industries) >500 Employees Safety & Health Policy + Safety & (Order 1997) Health Committee + a Certified Safety & Health Officer

Law of Malaysia as at 1st February 2011

OSHA 1994 APPLICATION

The Act applies throughout Malaysia to the industries specified in the First Schedule, nothing in this act shall apply to: Aboard ships governed by the Merchant Shipping Ordinance 1952, the Merchant Shipping Ordinance 1960 of Sabah or Sarawak. Armed Forces.

First Schedule 1. Manufacturing 2. Mining and Quarrying 3. Construction

6. Transport, Storage and Communication

7. Wholesale and Retail Trades 8. Hotel and Restaurants 9. Finance, Insurance, Real Estate and 10. Business Services 11. Public Services and Statutory Authorities

4. Agriculture, Forestry and Fishing

5. Utilities: Electricity; Gas; Water; and Sanitary Services

DUTIES OF AN EMPLOYER SECTION 15 19

To ensure the safety, health and welfare at work of all his employees and visitors To formulate safety and health policy Penalty For Non Compliance: A fine not exceeding RM50,000 or imprisonment not exceeding 2 years Or both Other Penalty / Fine Common Law: Affected person (employee or public) may take legal action against the organization under the Civil Law (Common Law).

CASE EXAMPLE PROVISIONS OF PPE

SAFETY HELMET?

SAFETY GLOVE?

SAFETY SHOES? MASK? EAR MUFF?

SAFETY SHOES?

GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND SUPPLIERS SECTION 20 -23

To provide sufficient information. To eliminate or reduce hazard. To build and fix the equipment with safety feature. Penalty for non compliance: A fine not exceeding RM20,000 or maximum 2 years imprisonment or both

CASE EXAMPLE

DUTIES OF AN EMPLOYEE SECTION 24-27

To take reasonable safety and health measure for himself and other persons; To co-operate with his employer or any other persons in the discharge of any duty; To use and wear at all times, any protective equipment or clothing provided by employer; To comply with any instruction or measure on occupational safety and health instituted by his employer. Penalty for non compliance:

A fine not exceeding RM1,000 or Imprisonment not exceeding 3 months Or both

PART IV GENERAL DUTIES OF EMPLOYEES

24. (1) 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 maybe 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 of 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. (2) A person who contravenes the provision of this section shall be guilty of offense and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.

SAFETY AND HEALTH ORGANIZATIONS REGULATION 3 MADE 3 DECEMBER 1996

Assist in the development of safety & health rules and safe systems of work; Review the effectiveness of safety & health programmes; Carry out studies on the trends of accident, near-miss accident, dangerous occurrence, occupational poisoning or disease, and shall report to the employer together with recommendations for corrective actions; Review the safety & health policies. Penalty if these regulations are contravened: fine <RM5, 000 or imprisonment <6months or both

SAFETY & HEALTH ORGANIZATION COMMITTEE

Chairman : An employer or his authorized manager Secretary: Safety and health officer at the place of work Employer representatives : Nominated by employer (>100 employees 4 representatives) Employees representatives : Nominated by employees (>100 employees 4 representatives)

EXAMPLE OF SHE COMMITTEE ORGANIZATIONAL CHART

SAFETY AND HEALTH OFFICER REGULATION 6

A person who holds a diploma in occupational safety & health (OSH) or equivalent which is approved by the Minister of Human Resources; has successfully completed a course of training in occupational safety & health and passed examination, both approved by the Minister and has a minimum of 3 years of experience in OSH; has been working in the area of OSH for at least 10 years; holds such other qualifications or has received such training as prescribed from time to time by the Ministry of Human Resource.

DUTIES OF SHO REGULATION 18

to advise employer on the safety and health measures; to inspect and determine the safety of work place; to investigate any accident which has happened in the work place; to assist employer in organizing and implementing OSH programme; to become secretary to the committee; to assist the committee in any inspection of the work place; to collect, analyse and maintain statistics on any accident, dangerous occurrence, occupational poisoning and disease which have occurred at the work place ; to assist any officer in carrying out his duty under the Act; to carry out other instruction made by the employer on any matters pertaining to OSH.

EXAMPLE

Tool box meeting SHE meetings Fogging at designated time Inspection on site practices Submission of materials and workers certificates

APPLICATION OF SAFETY ACTS AND REGULATION MINISTRY OF HUMAN RESOURCES MALAYSIA

ACT FMA 1967 (ACT 139) OSHA 1994 (ACT 514) PETROLEUM (SAFETY MEASURES) ACT 1984 (ACT 302) REGULATIONS REGULATIONS UNDER FMA 1967 REGULATIONS UNDER OSHA 1994 REGULATIONS UNDER PETROLEUM ACT 1984

FACTORIES AND MACHINERY ACT 1967 (FMA 1967)

OBJECTIVE

Control of factories operations with respect to safety, health and welfare of persons
Registration and inspection of machinery

APPLICATION
OSHA 1994 supersedes the FMA 1967 in the event of any conflict FMA 1967 applies to mainly factories and construction sites FMA and OSHA enabling act (give power to minister to gazette detail regulations) Contains some general provision on safety, health and welfare FMA-limited to manufacturing industry, mining and quarrying and construction Do not contain detail provisions on specific matters *Detail provisions are stipulated under the regulations

ARRANGEMENT

FMA 1967 divided into 6 parts:

Part 1: Preliminary Part 2: Safety, health and welfare Part 3: Persons-in-charge and certificates of competency Part 4: Notification of accidents, dangerous occurrence and dangerous diseases Part 5: Notice of occupation of factory and registration and use of machinery Part 6: General

Part 1: Preliminary

Definition of a factory :
There must be premise and its boundaries can be defined, Within the premises there is manual labor doing process The process must involve the making, altering, repairing, ornamenting, finishing, cleaning, washing, breaking up demolition or adapting for sale any article; and Part I building operations, hoisting machine, machinery, steam The processes must be for trading. (Other definitions in boiler)

Part 2: Safety, Health and Welfare

Key points: Premises must be structurally sound with safe access to work areas, materials and goods must be safely stacked (Section 10) Machinery must be of sound construction and dangerous parts must be fenced (Section 14, 15, 16) Employees must not misuse safety and health equipment (Section 20) Employees not to endanger himself or other person Premises must be kept in clean state, with adequate work space, ventilation, lighting and toilets (Section 22) Persons must be supplied with adequate facilities for clothing, storage, drinking, water, first aid and washing facilities (Section 25) Employees must be trained on the safety of machinery (Section 26)

Part 3: Persons-in-charge and Certificates of Competency

Key points: Machinery operators must be adequately trained or under the supervision of a trained person (Section 26),

Young persons (< 16 years) must not operate machinery (Section 28)

Part 4: Notification of Accidents, Dangerous Occurrence and Dangerous Diseases

1.The occupier must notify the nearest inspector of accidents and diseases. Accidents include: - Loss of life, - Injury to a person who loses more than 4 days work (loss time injury LTI), - Serious damage to machinery or other property (Section 31). 2.Inspectors may investigate accidents and dangerous occurrence and hold enquiries into more serious cases (Section 33)

Part 5: Notice of Occupation of Factory and Registration and Use of Machinery

1. Notify Department of Occupational Safety ad Health (DOSH) within 3 months of the intended start date (Section 34) 2. Building operations must be notified if last more than 6 weeks(Section 35) 3. Changes to the use of factory or machinery must be notified to DOSH

4. Fills a standard form together with (a) layout plan of the factory; (b) list of products to be manufactured; (c) list of machines to be used; (d) list of chemicals, toxic or flammable substances to be used, and (e) detail flow chart of the processes.

Part 6: General

1. General penaltyRM2,000.0 2. Certain sections is RM5,000.00 (Section 51)

Schedules

Schedule 1
Defines dangerous occurrences to machinery that need to be notified

Schedule 2
Describes the types of injury that may be classified as serious bodily injury

Schedule 3
Lists notifiable industrial diseases

Regulations under the Act 1. Factories and Machinery (Certificates of Competency Examinations) Regulations, 1970 2. Factories and Machinery (Electric Passenger and Goods Lift) Regulations, 1970 3. Factories and Machinery (Fencing of Machinery and Safety) Regulations, 1970 4. Factories and Machinery (Notification of Fitness and Inspections) Regulations, 1970 5. Factories and Machinery (Person-In-Charge) Regulations, 1970 6. Factories and Machinery (Safety, Health and Welfare) Regulations, 1970

7. Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) Regulations, 1970 8. Factories and Machinery (Administration) Regulations, 1970 9. Factories and Machinery (Compounding of Offences) Rules, 1978 10. Factories and Machinery (Compounding of Offences) Regulations, 1978 11. Factories and Machineries (Lead) Regulations, 1984 12. Factories and Machineries (Asbestos Process) Regulations, 1986 13. Factories and Machinery (Building Operations and Works of Engineering Construction) (Safety) Regulations, 1986 14. Factories and Machinery (Noise Exposure) Regulations,1989 15. Factories and Machinery (Mineral Dust) Regulations, 1989

Factories and Machinery (Certificates of Competency Examinations) Regulations, 1970

FACTORIES AND MACHINERY (CERTIFICATES OF COMPETENCY EXAMINATIONS) REGULATIONS, 1970

1. Set up the framework for the certificates of competency required under Factories and Machinery (Persons-In-Charge) Regulations

2. Laid down pre-requisite for the application for a certificate of competency and the examination procedure
3. All certificates of competency have requirements for experience and an examination pass before they can be granted 4. Certificates of competency can be suspended or cancelled if the holder is medically unfit or in case of serious misconduct or if judged unfit after an enquiry or a court case

Factories and Machinery (Electric Passenger and Goods Lift) Regulations, 1970

Factories and Machinery (Electric Passenger and Goods Lift) Regulations, 1970
1. All new lifting machines (cranes, crab, winch) and lifting appliances (pulley and chain blocks) have a manufacturers certificate specifying safe working load with design drawing and load calculations 2. Apply to lifts used to carry persons and goods 3. Owner to provide detail design to obtain approval from DOSH (Regulation 6) 4. Capacity of a lift is based on lift car floor area and displayed clearly on each lift car (Regulation 7)

5. Specifications for the following components of a lift system: - Machine room (Regulation 9) - Lift well (Regulation 10) - Landing doors (Regulation 12 and 13) - Lift car (Regulation 14 to 19) - Suspension system (Regulation 20 to 29) 6. Duties of lift owner to maintain the lift (3 monthly inspections and monthly service by competent person) 7. Enter details of all inspections and maintenance activities in lift register (Regulation 31) 8. Owner must display certificate of registration in the lift car or at the bottom of the landing (Regulation 32)

Factories and Machinery (Notification of Fitness and Inspections) Regulations, 1970

Factories and Machinery (Notification of Fitness and Inspections) Regulations, 1970

Details of notification, certificate of fitness and inspections carried out by DOSH Part 1 Specify the forms that must be used to notify the DOSH officer of a new occupancy of a factory, the start of building work, the installation of certain machinery and the notification of accidents and diseases Part 2 Describes the certificate of fitness that must be held for steam boilers, UPV and hoisting machines Certificate of fitness is valid for 15 months from the date of inspection (Regulation 10)

 Part 3 1. Governs the inspection of factory or machinery by DOSH * Factory and machinery inspected at regular intervals(15 months but up to 36 months at the discretion of DOSHRegulation 14) DOSH give advance notice of the inspection to the occupier Occupier prepare machinery for inspection 2. DOSH may direct not complying factory to improve the situation (Regulation 27) 3. Stop work notice may be issued for machinery without a current certificate of fitness (Regulation 28) Part 4 -Inspection fees charged by DOSH

Factories and Machinery (Fencing of Machinery and Safety) Regulations, 1970

Factories and Machinery (Fencing of Machinery and Safety) Regulations, 1970

1. Safeguarding of machinery 2. All dangerous parts of machine including the power source and transmission must be guarded 3. methods of guarding described for various parts of machine: - Part 2: Prime mover (power source) - Part 3: Transmission machinery - Part 4: Driven machinery Part 4 specifies the methods for guarding different types of machinery: 1.Abrasive and grinding machinery 2.Machinery using rolls 3.Saws 4.Planers 5.Spindle molders 6.Grooving and toning machine 7.Chain-mortice machine 8.Mixers 9.Grinding mills 10.Centrifuges 11.Presses 12.Guillotines 13.Conveyors

 Other machines must also be securely fenced Other form of guarding switches and interlocks Workers trained in the operation of certain dangerous machines and aware of the dangers of such machines Six schedules gives further specification for the materials and dimensions of machine guards

Factories and Machinery (Person-In-Charge) Regulations, 1970

Factories and Machinery (Person-In-Charge) Regulations, 1970

1. Specify persons-in-charge of certain machinery require certificate of competency including : * Steam boiler * Steam engine * Internal combustion engine * Dredge Steam boiler include UPV (pressure v/l) with steam connected to it Steam boiler and steam engine require steam boiler drivers certificate of competency or a steam engine drivers certificate of competency for smaller boilers (<2000 square feet heating surface)

2. 3.

4. Larger boiler need an engineers certificate of competency for steam boiler and steam engine (Regulation 5)
5. IC engines < 100 hp need a holder of IC engine drivers certificate 6. Larger IC engine need a holder of an IC engine engineers certificate in charge

7. Dredge operated by steam or IC engine must have a person who holds an engineers (steam) certificate of competency or an engineers (IC engine) certificate of competency or dredge masters certificate of competency (Regulation 7)

8. Requirement to provide instruction and training to operators of certain machinery - Each operator must have a course of instruction and 10 days of supervision by an experienced operator (Regulation 20) 9. Schedule 1 lists machineries that require a trained operator: * Presses Saws Metal working machines Hoisting machines

Factories and Machinery (Safety, Health and Welfare) Regulations, 1970

Factories and Machinery (Safety, Health and Welfare) Regulations, 1970

To deal with factory premises and various safety, health and welfare requirements Key points: 1. Safe means of access and safe place of employment, provision of edge protection on floor openings and stairs(Regulation 7, 8) 2. All stairways and floors must be of good construction and properly maintained; ladders must be of adequate construction and maintained in a sound condition (Regulations 9 to 11) 3. Persons must be protected from falls of more than 10 feet by the use of safety belts or ropes (Regulation 12)

4.

Adequate protection are necessary before working inside a confined space (Regulation 13) 5. Flammable and dangerous liquids must be securely stored and precautions taken against fire and explosion (Regulations 14 to 17, 21, 22) 6. Materials and finished goods must be securely stacked and stored (Regulations 19, 20) 7. Specifications are laid down for cleaning of surfaces inside factory (Regulation 23) 8. Lighting, ventilation and climate requirements are all detailed (Regulations 24-29) 9. Working clothes and protective equipment (Regulation 32) 10. Welfare facilities such as toilets, drinking water, washing facilities and first aid (Regulation 33 to 38)

Four Schedules of the regulations: First Schedule specify classes of factories that do not need internal surfaces white washed every 12 months; Second Schedule describes the level of lighting required in different parts of the \ factory Third Schedule lists work activities that need eye protection or protective screens Fourth Schedule contents of first aid box

THANK YOU