Occupational Safety and Health Act 1994 PDF

The Occupational Safety and Health Act 1994 OSHA 94 WELCOME TO OSHA 94 (Act 514) SELAMAT DATANG KE AKKP 1994 (Akta 514) CONTENT 7.1. Introduction of Main Parts of the OS...

The Occupational Safety and Health Act 1994 OSHA 94 WELCOME TO OSHA 94 (Act 514) SELAMAT DATANG KE AKKP 1994 (Akta 514) CONTENT 7.1. Introduction of Main Parts of the OSH Act 1994 7.2. OSH Management & Organisation Related Regulations Safety and Health Policy Safety and Health Officer Safety and Health Committee 7.3. OSH Chemical Related Regulations Chemical Industrial Major Accident Hazard Regulation, 1996 Classification, Labelling and Safety Sheet of Hazardous Chemical Regulation, 2012 Use and Standard of Exposure of Chemical Hazardous to Health Regulation, 2000 7.4. NADOOPOD Regulations LEARNING OUTCOMES To discuss the philosophy and guiding principles of OSHA To discuss the responsibilities of an employer / self employed person / employee / Designer / Manufacturer / Supplier List out the regulations under OSHA 1994 To explain hazardous chemicals management To explain the important content under Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease (NADOOPOD 2004) (NADOOPOD 2004) 7.1. Introduction of Main Parts of the OSH Act 1994 NADOOPOD USECHH IAQ? 2004 2000 PUS O POLICY 1995 1999 OSHA 1994 CIMAH CLASS CPLHC 1996 1997 2013 SHCo 1996 SHO SHO O 1997 1997 PHILOSOPY AND PRINCIPLES OF OSHA Responsibility on safety and health at place of work lies on those who create the risks and those working with the risks. Concept of Self Regulation Consultation Instrument Workers participation, involvement and cooperation  PART I: PRELIMINARY [Section 1(2)&(3)] Short Title and Application Workers; All economic sector as in the FIRST SCHEDULE including the public services as well as the statutory authorities Exception are for those working on Merchant Ships and the Armed Forces Q. Who is involve in OSHA 1994? Q. Who are those excepted from OSHA 1994? FIRST SCHEDULE: SECTORS COVERED IN OSH Manufacturing Transport, Storage and Mining and Quarrying Communication Construction Wholesale and Retail Trades Agriculture, Forestry and Fishery Hotel & Restaurant Utilities; Finance, Insurance, Real Estate Electric, Gas, Water & Sanitary Services and Business Services Public Services and Statutory Authorities List 10 industries covered by OSHA as in Schedule 1 OSHA 1994  PART I: PRELIMINARY Section 3 (Interpretation) Tafsiran Occupier Plant Employee, Employer, Self employed person, Principal Employer, Immediate Employer Place of work As far as Practicable Premises, Etc. Q. DEFINE EACH OF THIS CATEGORY OF PEOPLE: Q. HOW DOES OSHA DESCRIBEs THE USE OF THIS TERM? As far as is practicable OCCUPIER in relation to a place of work, means a person who has; the management or; the control of the place of work. PLANT Includes; any machinery, equipment, appliance, implement or tool, any component fitted, connected or appurtenant thereto; EMPLOYEE A person who is employed for wages under a contract of service; (a) who is directly employed by the principal employer on any work of, or incidental or preliminary to or connected with the work; (b) who is employed by or through an immediate employer at the place of work of the industry or under the supervision of the principal employer or his agent on work which is ordinarily part of the work of the industry; (c) whose services are temporarily lent or let on hire to the principal employer by the person with whom the person whose services are so lent or let on hire has entered into a contract of service; EMPLOYER The immediate employer or the principal employer or both; SELF EMPLOYED PERSON Individual who works for gain or reward otherwise than under a ❖ contract of employment, ❖ whether or not he himself employs others; PRINCIPAL EMPLOYER Owner of an industry or the person with whom an employee has entered into a contract of service and includes; (a) a manager, agent or person responsible for the payment of salary or wages to an employee; (b) the occupier of a place of work; (c) the legal representative of a deceased owner or occupier; and (d) any government in Malaysia, department of any such government, local authority or statutory body; IMMEDIATE EMPLOYER A person who has undertaken the execution at the place of work where the principal employer is carrying on his trade, business, profession, vocation, occupation or calling, or under the supervision of the principal employer or his agent, of the whole PLACE OF WORK means premises where; persons work or used for the storage of plant or substance AS FAR AS PRACTICABLE (a) the severity of the hazard or risk in question; (b) the state of knowledge about the hazard or risk and any way of removing or mitigating the hazard or risk; (c) the availability and suitability of ways to remove or mitigate the hazard or risk; and (d) the cost of removing or mitigating the hazard or risk; PREMISES Include— (a) any land, building or part of any building; (b) any vehicle, vessel or aircraft; (c) any installation on land, offshore installation or other installation whether on the bed of or floating on any water; and (d) any tent or movable structure; RISK Section 3 (2) Interpretation (Tafsiran): RISK Risk arising out of the activities of persons at work shall be treated as; The manner of conducting and undertaking The plant or substances used The condition of the premised used Q. HOW DOES OSHA DEFINE THE TERM RISK? WORK Section 3 (3) Interpretation (Tafsiran) “work” means work as an employee or self-employed person An employee is deemed to be at work throught the time when he is at his place of work but not otherwise A self-employed person is at work thought such time as he devotes to work as a self-employed person.  PART I: PRELIMINARY Section 4 Objects of the Act 1. 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 2. 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 3. To promote an occupational environment for persons at work which is adapted to their physiological and psychological needs 4. 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  PART II: APPOINTMENT OF OFFICERS Section 5 Appointment of Officers Appointment of public officers by the minister : a. Director General b. Deputy Director General c. Directors d. Deputy Directors e. Assistant Director f. Occupational Safety and Health Officer  PART II: APPOINTMENT OF OFFICERS Section 6 Appointment of independent inspecting body by the Director General (DG) DG may, as he deems fit, appoint a person or an independent inspecting body from any of the industries to. A person or an independent inspecting body appointed under subsection (1) shall be paid such allowance, fee or reimbursement as the Minister may determine. An officer appointed under subsection 5(2) and a person or an independent inspecting body appointed under subsection (1) shall be subject to the control, direction and supervision of the DG. DG and all officers appointed under subsection 5(2), and a person or an independent inspecting body appointed under subsection (1), shall be deemed to be public servants within the meaning of the Penal Code[Act574].  PART II: APPOINTMENT OF OFFICERS Section 7 Certificate of authorisation (Perakuan pemberian kuasa) DG shall issue to every officer appointed under this Act a certificate of authorization which shall be produced on demand to the occupier or any person in charge of a place of work which the officer intends to enter pursuant to this Act. In the case of the DG, his certificate of authorization shall be issued by the Minister.  PART III: NATIONAL COUNCIL FOR OSH Section 8 Establishment of the Council Establishment of National Council for OSH Section 9 Membership of the Council Members are between 12 – 15 members: 3 from organisation representing the employers 3 from organisation representing the employees 3 or more from Ministries or Departments 3 or more of whom at least one (1) shall be a female from organisation or professional bodies  PART III: NATIONAL COUNCIL FOR OSH Section 11 Powers and functions of the Council Scope for the Council Changes to Legislation Improvement of the administration and enforcement of the legislation Fostering cooperative consultative relationship between management and labor on OSH Special attention to welfare of women, handicapped Establishment of adequate methods of control of industrial chemicals at place of work Statistical analysis of occupational related disease, death and injuries Provision of health care facilities Adopting industry code of practice Development of rehabilitation plans and facilities to assist person injured at a place of work PART IV: GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSONS Section 15 (1) General Duties of Employers and Self Employed Persons to their employees The duty of every employer and every self-employed person to ensure, so far as is practicable (AFAP) the ; safety, health and welfare at work of all his employees. Guilty of offence: RM50,000 or Maximum 2 years imprisonment PART IV: GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSONS Section 15(2) The duty extend include AFAP the: provision and maintenance of plant and system of work use or operation, handling, storage and transport of plant and substances provision of information, instruction, training and supervision place of work is safe to access or egress working environment is safe and without risk Q. WHAT ARE THE FIVE KEY ELEMENT CONCERNING GENERAL DUTIES FOR EMPLOYERS AND SELF EMPLOYED PERSONS Q. LIST THE MAIN POINT UNDER DUTY OF CARE FOR EMPLOYERS AND SELF EMPLOYD PERSONS Q. DESCRIBE THE MAIN ELEMENT WHICH ARE REQUIRED FOR EMPLOYERS AND SELF-EMPLOYED PERSONS UNDER THEIR GENERAL DUTIES. Q. STATE THE REQUIREMENT OF SECTION15(2) WITH REGARDS TO GENERAL DUTY OF CARE FOR EMPLOYERS OR SELF-EMPLOYED PERSONS Obligations of the employers towards the employees The employer is obligated to protect the employees in relation to safety, health and welfare through the following procedures: 1. To provide and maintain a safe plant and working system; 2. To put in place procedures so as to ensure safety and health in the usage, handling, storage and transportation of the plant and supplies; 3. To provide information, instruction, training and supervision for new and old employees; 4. To provide and maintain a working environment that is safe and free from health hazards; and 5. To provide the necessary amenities for the welfare of those who are working. PART IV: GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSONS Section 16 Duty to formulate Safety and Health Policy It must be the duty of every Employer and self-employed person to prepare a written statement of his general policy (Statement of intent)(Kenyataan berkenaan Hasrat (Organisasi) Revise the written general policy Make Arrangement (Perkiraan) to enforce the policy Inform or give notice on any revision of the policy Regulation: Shall apply to every employer and every self-employed person except those who carry on an undertaking with not more than five employees Q. WHAT ARE THE MINIMUM REQUIREMENT OF PREPARING OR FORMULATING OSH POLICY? Q. LIST TH E DUTY OF THE EMPLOYER IN FORMULATING OSH POLICY Q. WHAT ARE THE REQUIREMENT TO BE OBSERVED IN IMPLEMENTING THE OSH POLICY? PART IV: GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSONS Section 17 General duties of employers and self-employed persons to persons other than their employees AFAP are not exposed to risk to safety and health Provide the information on such aspects of the manner in which he conducts not to effect their safety or health Q. WHAT IS THE GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSON TO PERSONS OTHER THAN THEIR EMPLOYEES? RM50,000 OR 2 YEARS IMPRISONMENT FOR EACH SUBSECTION PART IV: GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSONS Section 18 Duties of occupier of a place of work to persons other than his employees AFAP Occupier of non domestic premises must ensure all access and egress is safe without risk person who hold/have the contract or lease; do the maintenance or repair or means (way) of access or egress Must prevent risk from use of plant or substances WHAT ARE THE GENERAL DUTIES OF OCCUPIER TO PERSONS OTHER THAN THEIR EMPLOYEES? RM50,000 OR 2 YEARS IMPRISONMENT FOR EACH SUBSECTION PART V: GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND SUPPLIERS Section 20 / Section 21 The manufacturers AFAP the plant/substance is to be; designed and constructed to be safe without risks to health and property carrying out such testing and examination make available adequate information of the plant Q. WHAT ARE THE GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND SUPPLIERS?  PART VI: GENERAL DUTIES OF EMPLOYEES Section 24 General duties of employees at work To take reasonable care for the SH of himself and of other persons; To cooperate with his employer or any person in the discharge of any duty To wear or use at all times PPE or clothing provided To comply with any instruction or measure instituted by the employer or the OSHA Q. WHAT ARE THE GENERAL DUTIES EMPOLYEES AT WORK? RM1,000 OR 6 months IMPRISONMENT FOR EACH SUBSECTION  PART VI: GENERAL DUTIES OF EMPLOYEES Section 25 Duty Not to interfere, misuses anything provided Section 26 Duty not to be charge employees for things done or provided Section 27 Discrimination against employees etc. No dismissal, injure him or alter his position Make complaints on matters not safe or is a risk to health Member of a SHCommittee Exercises any of his function of a member of SHCommittee No trade union take action on any of its member Q. WHAT ARE THE GENERAL DUTIES EMPOLYEES AT WORK? RM10,000 OR 1 YEARS IMPRISONMENT FOR EACH SUBSECTION  PART VII: SAFETY AND HEALTH ORGANIZATIONS Section 28 Medical Surveillance (Pengawasan Perubatan) Cases of illness Changes in process or substances used Person below 16 years Occupation listed in 3rd. Schedule Caustic Burn Q. HOW DOES OSHA 1994 DESCRIBE FOR THE NEED OF PERFORMING A SAFETY AND HEALTH ORGANIZATION IN A WORK PLACE? RM5,000 OR 6 months IMPRISONMENT  PART VII: SAFETY AND HEALTH ORGANIZATIONS THIRD SCHEDULE Expose to fumes, dust or vapour of silica, asbestos, raw cotton dust, lead, mecury, arsenic, phosphorus, carbon bisulphate, benzene, organic-phosphate, nitrous fumes, cadmium, beryllium or pesticides Use, handling expose to tar, pitch, bitumen, mineral oil including paraffin, chromate acid, chromate or bichromate of ammonium, potassium, zinc or sodium Exposure to x-ray, ionising particles, radium, or other radioactive substances or other forms of radiant energy Process carried in compressed air  PART VII: SAFETY AND HEALTH ORGANIZATIONS Section 29 Safety and Health Officer (SHO) Class or description of industries as Ordered by the Minister Occupier must employ a competent person to act as Safety and Health Officer (SHO) SHO role is to observe the place of work fulfill OSH Act and Regulations SHO must posses qualifications or received training Q. HOW DOES OSHA 1994 DESCRIBE FOR THE NEED OF PERFORMING A SAFETY AND HEALTH ORGANIZATION IN A WORK PLACE? RM5,000 OR 6 months IMPRISONMENT  PART VII: SAFETY AND HEALTH ORGANIZATIONS Section 30(1) Safety and Health Committee (SHCo) Employer must establish a Safety and Health Committee when ; a. there are 40 or more person employed b. DG direct the establishment of the committee Section 30(2) Composition SHCo Composition and other provision of the SHCo is as in SHCo Regulation Section 30(3) SHCo Consult Employer must consult SHCo in relation to S&H Q. HOW DOES OSHA 1994 DESCRIBE FOR THE NEED OF PERFORMING A SAFETY AND HEALTH ORGANIZATION IN A WORK PLACE? RM5,000 OR 6 month IMPRISONMENT  PART VII: SAFETY AND HEALTH ORGANIZATIONS Section 31 Function of SHC0 Review the SH measures Investigate; a SHCo member or a person employed consider place is not safe or there is a risk to the health matter brought to attention by the employer To resolve matter as in b) or inform DG Other functions as in SHCo Regulations Q. HOW DOES OSHA 1994 DESCRIBE FOR THE NEED OF PERFORMING A SAFETY AND HEALTH ORGANIZATION IN A WORK PLACE?  PART VIII: NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURENCE, OCCUPATIONAL POISONING AND OCCUPATIONAL DISEASES, AND INQUIRY Section 32 Notification of accidents, dangerous occurrence poisoning and occupational diseases, and inquiry Employer report to the nearest OSH office Medical officer must report to the DG Q. WHAT ARE THE TWO REQURIEMENT S FOR EMPLOYERS TO DO WHEN THERE IS A NEED FOR NOTIFICATION OF ACCIDENT, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING AND OCCUPATION DISEASES AT A WORKPLACE? PART IX: PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE Section 35 Power to prohibit the use of plant or substance Power to prohibit only by DG DG may consult other government departments before making decisions Section 36 Aggrieved person may appeal A person who is aggrieved by an order made under subsection 35(1) may, within thirty days of the order, lodge an appeal with the secretary to the Council who shall transmit the appeal to an appeal committee appointed by the Minister under section 63  PART X: INDUSTRY CODES OF PRACTICE Section 37 Approval of industry codes of practice Only approved by the Minister upon recommendation from the National OSH Council May be amended from time to time Consist of any code, standard, rule, specification or provision relating to OSH Apply, incorporate or refers to any document formulated or published by any body or authority  PART X: INDUSTRY CODES OF PRACTICE Section 38 Use of industry codes of practices in proceedings Admissible in evidence in court proceedings  Standards and Codes STANDARD An operational principle, criterion, or requirement– or a combination of these. CODE Set of standards, rules, or regulations relating to a specific area.  Standards and Codes -Standards and codes play an important role in modern safety and health management and engineering. -Written standards and codes that employees carefully follow can also decrease company’s exposure to costly litigation. -Numerous organizations develop standards for different industries. These organizations can be categorized as follow: ▪Government ▪Professional organizations ▪Technical/Trade associations  Eg: Codes Code Of Practice On Indoor Air Quality Code Of Practice For Safe Working In A Confined Space Code Of Practice On Prevention And Management Of HIV/AIDS At The Work Place Code Of Practice On Preventing And Responding To Drug And Alcohol Problems At Workplace Eg: Guidelines  PART XI: ENFORCEMENT AND INVESTIGATION Section 39 Power to entry, inspection, examination, seizure Before entering Only OSH Officer Produce a certificate of authorization Upon entering Examination and investigate Direct anything left undisturbed Take measurement / photographs / recordings Take samples Instruct a person to Medical Health Officer Q. LIST THE STEPS WHEN AN OFFICER HAS REASONABLE CAUSE TO BELIEVE THAT A PLACE OR A PLACE OF WORK HAS CONTRAVENE THE LAW?  PART XI: ENFORCEMENT AND INVESTIGATION Continue... Section 39 Power to entry, inspection, examination, seizure If plant/substance could cause danger Dismantled or test the plant Take possession of it for the purpose of; To examine Not to tempered Use as evidence If he is a medical officer Carry out medical examination  PART XI: ENFORCEMENT AND INVESTIGATION Section 40 Entry into premises with search warrant and power seizure Request from a magistrate Section 41 Entry into premises without search warrant and power of seizure Upon satisfy with information received, having reasonable grounds for believing, by reason of delay in obtaining a seach warrant, he may enter without a search warrant  PART XI: ENFORCEMENT AND INVESTIGATION Section 42 Power of forceful entry and service on occupier of signed copy of list of things seized from premises Break open any outer door Forcibly enter the place or every part Remove by force any obstruction to entry, search , seizure Detain every person found in the place  PART XI: ENFORCEMENT AND INVESTIGATION Section 44 Power of investigation The power to investigate the commission Special powers in relation to police investigation Immediately give all information relating to the commission of the offence to an officer Examine orally Refuse to answer any question Refuse to answer any question the answer criminal charge or penalty  PART XI: ENFORCEMENT AND INVESTIGATION Section 44 Power of investigation Legally bound to state the truth Inform the person Be reduced in to writing and signed by him or affixed with his thumb print Any inquiry or requisition to a person made on be half of the officer by the interpreter shall, for all purposes, be deemed to have been actually made by the officer  PART XI: ENFORCEMENT AND INVESTIGATION Section 45 Power to examine witness Examine orally any person The person is legally bound to answer all questions A person making a statement legally bound to state the truth An officer must first inform the person of the legal provisions in no 2 and no 3 above A statement made by a person need to written and signed. Officer may use the assistance of an interpreter. Section 46 Employer etc., to assist officer Assistance as the officer Q. WHAT DOES THE DOSH OFFICER HAS TO BE AWARE OF THE POWER TO EXAMINE THE WITNESS?  PART XI: ENFORCEMENT AND INVESTIGATION Section 47 Offences in relation to inspection refuses access to a place of work officer or a person assisting him obstructs the officer or induces or attempts person to do so fails to produce any document required conceals the location or existence of person, plant or substance prevents or attempts to prevent any other person from assisting the officer hinders, impedes or opposes the officer Q. What are actions that will be considered to as offences in relation to inspection by dosh officers?  PART XI: ENFORCEMENT AND INVESTIGATION Section 48 Improvement notice and prohibition notice Improvement notice: issued when the defect is likely to cause bodily injury or is a serious risk Prohibition notice: issued when the defect is likely to cause immediate danger to life or property Q. WHEN OR WHY THE IMPROVEMENT OR PROHIBITION NOTICE IS ISSUED? Q. EXPLAIN THE CONDITION THAT CAUSE AN IMPROVEMENT OR A PROHIBITION NOTICE IS ISSUED. Q. WHAT IS THE DIFFERENCE BETWEEN AN IMPROVEMENT NOTICE AND A PROHIBITION NOTICE OSHA 1994: ITS REGULATIONS AND ORDERS 1. Occupational Safety and Health (Employers’ Safety and Health General Policy Statements (Exception) Regulations 1995 2. Occupational Safety and Health (Control of Industrial Major Accident Hazards) Regulations 1996 3. Occupational Safety and Health (Safety and Health Committee) Regulations 1996 OSHA 1994: ITS REGULATIONS AND ORDERS 4. Occupational Safety and Health (CLASS) 2013 5. Occupational Safety and Health (Safety and Health Officer) Regulations 1997 6. Occupational Safety and Health (Safety and Health Officer) Order 1997 OSHA 1994: ITS REGULATIONS AND ORDERS 7. Occupational Safety and Health (Prohibition of Use of Substances) Order 1999 8. Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000 OSHA 1994: ITS REGULATIONS AND ORDERS 9. Occupational Safety and Health (Notification of Accidents, Dangerous Occurrence, Occupational Poisoning and Occupational Diseases) Regulations 2004 The Occupational Safety and Health Act 1994 OSHA 94 WELCOME TO OSHA 94 (Act 514) SELAMAT DATANG KE AKKP 1994 (Akta 514) 7.2. OSH Management & Organisation Related Regulations 7.2.1 OCCUPATIONAL SAFETY AND HEALTH (EMPLOYERS' SAFETY AND HEALTH GENERAL POLICY STATEMENTS) (EXCEPTION) REGULATIONS 1995 7.2.2 OCCUPATIONAL SAFETY AND HEALTH (SAFETY AND HEALTH OFFICER) REGULATIONS 1997 7.2.3 OCCUPATIONAL SAFETY AND HEALTH (SAFETY AND HEALTH COMMITTEE) REGULATIONS 1996  OSHA 1994 REQUIREMENTS If >5 employees – Safety & Health Policy For all ≥40 employees – Safety & Health Policy + Health Committee industries >100 Employees (Order 1997) - Safety & Health Policy + Safety For high risk & Health Committee + a Certified Safety & Health Officer industries >500 Employees (Order 1997) - Safety & Health Policy + Safety For low risk & Health Committee + a Certified Safety & Health Officer industries OSH (Employers’ Safety & Health General Policy Statements) (Exceptions) Regulations 1995 Section 16 ◼ Employers and self-employed persons must formulate a written safety and health policy at the workplace ◼ Exceptions ◼ The business does not exceed five workers WHY REQUIRED A POLICY STATEMENT FOR SAFETY AND HEALTH? The Occupational Safety and Health policy is a written statement briefly stating the following commitment: – The employer will provide safety, health and welfare for the employee during the working hours by implementing the relevant regulations and work procedures; and – The employee will comply with the regulations and work procedures so as to ensure their own safety. – The policy statement will be displayed in strategic places that will be visible to the employee. WHAT IS THE MEANING OF HSE POLICY? A health and safety policy is; 1. A written statement by an employer. 2. Stating the company's commitment for the protection of the health and safety of employees and to the public. 3. It is an endorsed commitment by management to its employees regarding their health and safety. EXAMPLE OF SAFETY AND HEALTH POLICY  OSH (Safety & Health Officer) Regulations 1997 OBJECTIVES ◼ Control of high risk industries ◼ Assist to improve the level of occupational safety and health in high risk industries ◼ Create an effective and systematic safety management system at the workplace ◼ Facilitates the employer to conduct all work activities safely  WHEN TO BE A SHO [Reg.3]? a person who acts as a safety and health officer; and an employer of the class of industries who are required to employ a safety and health officer APPLICATION FOR SHO REGISTRATION [Reg. 4-5] No person to act as a SHO unless registered with DG (Reg. 4). Application to be registered as a SHO shall be made in the Form as per Schedule 1 plus a processing fee of RM 100.00 Application submitted together with document and information as specified in the Form (Reg. 5)  QUALIFICATION FOR REGISTRATION [Reg. 6(1)] a. Diploma in OSH or equivalent b. Completed a course of training in OSH (SHO Course conducted by NIOSH is one of the approved course) i. and passed any examination or equivalent ii. and has minimum 3 years experience in OSH c. Has been working in the area of OSH for at least 10 years d. Holds other qualification or has received training as prescribed by Minister  QUALIFICATION FOR REGISTRATION [Reg. 6(1)] SHO Course conducted by NIOSH/ other certified training center i. Certificate of attendance ii. Certificate of examination  QUALIFICATION FOR REGISTRATION [Reg. 6(2)] A person shall not be entitled to be registered as a SHO if: (a) convicted of any offence under the Act or any regulations made under the Act; or (b) convicted of any offence and sentence to more than one year imprisonment or a fine of more than two thousand ringgit; and (c) declared as a bankrupt. CERTIFICATION OF REGISTRATION & CEP [Reg. 7] a. DG to issue a certificate of registration to applicant whose application has been approved (Reg. 7). b. Registered SHO to attend continuous education programme at least once a year for the purpose of renewal of registration(Re.g 8). Continuous Education Programme (CEP) means a course, seminar, conference or other education programme in OSH or equivalent , approved by the DG REFUSAL TO REGISTER, DURATION AND RENEWAL [Reg. 9-11] DG may refuse to register any application if applicant does not meet the requirement (Reg. 9.) Duration of Registration is valid for 3 years duration unless cancelled earlier(Reg. 10). Renewal of Registration in the prescribed form + RM50.00(Reg. 11).  REFUSAL TO RENEW REGSTRATION [Reg. 12] DG may refuse to renew registration any application if: – ceased to become a SHO – a registered SHO who has not been appointed as a SHO – not met any requirements stipulated – failed to conduct his duties as stipulated – not shown any evidence that he has attended any continuous training programme or equivalent in the last 3 years.  CANCELLATION REGISTRATION [Reg. 13] DG may cancel registration any SHO at any time if: – ceased to become a SHO – convicted of any offence under OSHA – not met any requirements stipulated – obtained registration by fraud  NOTIFICATION OF A SHO [Reg. 14] Employer shall notify in writing to DG within 1 month of any : – appointment of a SHO – termination or resignation of a SHO  DUTIES OF AN EMPLOYER [Reg. 15-17] Employer shall provide the SHO adequate facilities including training equipment, appropriate information to enable SHO to conduct his duties (Reg. 15). Employer shall permit the SHO at least once a year to attend continuous education programme on OSH (Reg. 16). Employer shall direct one or more supervisor to assist the SHO in any investigation (Reg/ 17)/  DUTIES OF SHO [Reg. 18] a. to advise employer on the measures to be taken in the interests of safety and health b. to inspect place of work to determine any hazard liable to cause bodily injury c. to investigate any accident, near miss, dangerous occurrence, poisoning or disease d. to assist employer or S&H Committee in organising and implementing OSH programme e. to become the secretary of a S&H Committee f. to assist the S&H Committee in inspections g. to collect, analyse and maintain statistics h. to assist any officer in carrying his duty under the Act and regulations i. to carry out any other instruction made by the employer on safety and health at workplace SUMMARY OF SHO FUNCTIONS  SHO NEED TO SUBMIT REPORT [Reg.9] SHO to submit report to employer by 10th of every month and shall contain a. any action to be taken by employer in order to comply with the Act and regulations b. methods of establishing and maintaining a safe and healthy working condition c. the number and types of accidents including the number of persons injured (LTI and NLTI) d. any machinery, plant etc or any description of manual labour liable to cause bodily injury e. any machinery, plant, appliance or PPE required for minimising risk f. recommend any alteration to be made in the interest of safety and health g. any work related to safety and health carried out in order to promote safety and health h. any outstanding matter arising from previous report i. any other matters related to safety and health ACTION TO BE TAKEN BY EMPLOYER ON REPORT [Reg. 20] Employer after receiving report from SHO : – shall discuss the report with SHO within 2 weeks after receipt – shall countersign the report to confirm receipt Report to be kept for a period of 10 years DEATH, SICKNESS AND ABSENCE OF SHO [Reg. 21] DG by certificate in writing may allow work to be carried out for not more than 3 month without SHO in case of death, sickness or absence from work OSH (Safety & Health Officer) Order 1997  CLASS OR DESCRIPTION OF INDUSTRIES REQUIRED TO EMPLOY SHO ORDER 3. The employer of the following class or description of industries shall employ a safety and health officer: (a) any building operation project exceeds RM20M; (b) any work of engineering construction project exceeds RM20M; (c) any ship building employing more than 100 employees; (d) any gas processing activity or petrochemical industries employing more than 100 employees; (e) any chemical or allied industry employing more than 100 employees; (f) any boiler or pressure vessel manufacturing activity employing more than 100 employees; (g) any metal industry d employing more than 100 employees; (h) any wood working industry employing more than 100 employees; (i) any cement manufacturing activity employing more than 100 employees; and (j) any other manufacturing activity employing more than 500 employees.  OSH (Safety & Health Committee) Regulations 1996 These Regulations consists of six main parts as follows: a) Part I - Preliminary b) Part II - Composition of the committee c) Part III - Functions of the committee d) Part IV - Meeting of the committee e) Part V - Provisions of training and information f) Part VI - Penalty  OSH (Safety & Health Committee) Regulations 1996 INTRODUCTION Section 30 of the Occupational Safety and Health 1994 (OSHA 1994) stipulates that a Safety and Health Committee shall be established at the workplace if: a) There are forty or more persons employed at the place of work or b) Directed by the Director General The main objectives of the establishment of the committee are: a) To foster cooperation and consultation between management and workers b) To establish two way communication c) To motivate and boost interest of all workers on issues related to safety and health What is a safety and health committee? – A group of responsible people – Committed in their all out effort – To provide a safe and healthy workplace  PART I - PRELIMINARY This Part consists of the provisions for interpretations, applications and duties of employer. 2.1.1 Interpretation (Reg.2) a) Member: member of a safety and health committee b) Safety Audits: Safety and Health audit on the plant and work system to ensure safety and health of workers c) Safety and Health Auditors: Persons, whether employed at place of work or otherwise, appointed by the employer to conduct safety and audits at the workplace d) Near-miss Accidents: Any accident at a place of work which has the potential of causing injury or damage e) Authorised Manager: A person authorised by an employer to deal with any matter relating to the safety and health of persons employed at the workplace 2.1.2 Application (Reg.3) a) A Safety and Health Committee established under Section 30 of the Act b) A Safety and Health Committee formed before the commencement of these Regulations shall reorganise itself in accordance with these Regulations 2.1.3 Duties of Employer (Reg.4) a) Comply with Part II and Part III of the Regulations b) Ensure compliance of Part IV and Part V of the Regulations  PART II- COMPOSITION OF COMMITTEE This Part consists of the provisions related to the composition of the committee such as membership, appointment and removal of members, adequate employee representation and filling of vacancies 2.2.1 Membership (Reg.5) The safety and health committee shall consists of: a) Chairman; b) Secretary (SHO or any person appointed by the Chairperson)*; c) Representative of employer; and d) Representative of employee The number of representative depends on the number of workers. If the workplace consist of less than 100 workers, 2 representatives from each side are required. Where there are more than 100 workers there shall be not less than 4 representatives for each side *members from the committee shall be appointed if no SHO employed at the workplace 2.2.2 Appointment of Chairman and Secretary (Reg.6) a) An employer or his authorised manager shall be the Chairman of the Safety and Health Committee b) The Secretary of the committee shall be the SHO or any member of the committee appointed or by ballot if there is no SHO 2.2.3 Appointment of Other Members (Reg.7) a) Representative of employer and employees shall be by: Nomination and ballot (if nominations exceed required number) Appointed by employer if no employee representative is available b) Members shall not be penalised in any manner for being absent from his normal duties at work while carrying out the functions of the committee 2.2.4 Adequate Employee Representation (Regulation 8) This Regulations require that the employees representatives should be able to represent the various sections of the workplace in order to ensure the smooth-running of the functions SUMMARY COMPOSITION & APPOINTMENT (REG. 6 & 7) 1. CHAIRMAN a. - Employer, or b. - His authorized manager 2. SECRETARY a. - Appointed by employer, or b. - Elected by committee 3. MANAGEMENT REPRESENTATIVES a. - Appointed by employer b. - Min. 2 persons (less than 100) c. - Min. 4 persons (greater than 100) 4. WORKERS REPRESENTATIVES a. - Selected by workers, or b. - Appointed by employer c. - Min. 2 persons (less than 100) d. - Min. 4 persons (greater than 100) 2.2.5 Vacancy (Reg.9) If vacancy occurs amongst the members of the committee, the Regulations require the vacancy to be filled by a person appointed in the same manner as the previous member of the committee 2.2.6 Removal of Member of Committee (Reg.10) A member may be removed from the committee if he: a) Fails to attend 3 consecutive meetings b) Is found or declared to be of unsound mind c) Become bankrupt d) Is no longer employed at the workplace e) Has been convicted of offences such as fraud, offences under a law related to occupational safety and health or other criminal offences f) Is unable or incapable of discharging his duties as a committee member PART III – FUNCTIONS OF SAFETY AND HEALTH COMMITTEE This Part stipulates the provisions on the functions of the safety and health committee, including inspection and accident investigations and handling of complaints at the workplace as well as others elements pertaining to the implementation of the functions 2.3.1 Functions of the Committee (Reg.11) The committee is entrusted to perform specific functions. Among them are to: a) Assist in the development of a safety and health rules and safe systems of work b) Review the effectiveness of the existing safety and health programmes c) Conduct studies on trends of accidents, near-misses, dangerous occurrences, occupational poisoning and disease d) Report to the employer any unsafe or unhealthy conditions/practice at the workplace with recommendations for corrective actions e) Review the safety and health policies at the workplace and make recommendations to the employer for any revision of such policies 2.3.2 Inspection of the Place of Work (Reg.12) The Regulations require the committee to perform inspection at the workplace: a) At least once every 3 months b) Discuss and record observation into reports c) To propose recommendations and actions for improvements to the employer d) To record recommendations in a written report 2.3.4 Accident Investigation (Reg.13) The Regulations require the committee to conduct an accident investigations in the event of an accident or incident a) The investigation shall be conducted as soon as it is safe to do so b) The Chairman shall discuss the cause of accident and recommend preventive actions 2.3.5 Action to be Taken on Committee Recommendations (Reg.14) The Regulations require the committee to take action upon receiving the report of investigation a) Employer/Authorised Manager shall discuss the report and recommendations b) Safety and Health Officer shall record employer decisions in the discussion c) Instructions are to be issued to persons at the place of work to take action as agreed upon d) Employer shall keep a copy of the report in the place of work for a minimum period of 7 years 2.3.6 Matters to be Considered by the Committee (Reg.15) a) Any other reports apart from those under Reg.14 which may be submitted by a Safety and Health Officer b) Any safety audits submitted by Safety and Health Auditors c) Any reports and factual information provided by the Occupational Safety and Health Officer d) Any reports by any other Government Agencies 2.3.7 Investigation of Complaint (Reg.16) To facilitate investigations on complaints, the employer should: a) Provide and maintain a system of communication b) Receive and promptly attend to the complaint c) Refer the complaint to the committee d) Employees make a complaint direct to the committee The committee shall investigate, prepare a report with recommendations to the employer.  SUMMARY SPECIFIC FUNCTION OF A SHCOMMITTEE 1. Assist in development of rules and systems 2. Assist in development and review of programs 3. Perform analysis of incident trends and statistic 4. Review and recommend amendments to safety and health policy 5. Perform inspections and recommend preventive measures 6. Perform immediate investigation of accidents and recommend corrective measure 7. Investigate complains of unsafe practices and recommend corrective measure 8. Assist in development of promotional and education programs 9. Discuss reports and matters from safety officer, enforcement officers, etc 10. Advise employer on safety and health matters 2.3.8 Resolution of Complaint (Reg.17) a. Implement every recommendation b. Refers to Director General if employer disagree with the committee c. Send to Director General information; i. Inspection or investigation report ii. Recommendation made by the committee iii. Any other materials or evidence 2.3.9 Assistance of the Committee (Reg.18) A Safety and Health Committee shall assist the employer in any promotion of safety and health such as: a) Competitions b) Talks c) Other activities 2.3.10 Rules on Safety and Health (Regulation 19) Rules or procedure for safety and health is necessary to guide the workers in their daily job tasks. In the formulation of the rules: a) The employer shall consult the committee to prepare the rules b) The rules shall be amended, varied or rescinded by the committee with the approval of the employer c) A copy of the rules shall be furnished to every individual employee d) A copy of the rules will be furnished to an Occupational Safety and Health Officer when requested 2.3.11 Sub-committee (Regulation 20) A sub-committee shall be formed to assist the committee in the performance of its functions  PART IV – MEETINGS OF SHCOMMITTEE 2.4.1 Frequency of Meetings (Reg.21) a) Meet as often as may be necessary to commensurate with the risks at the workplace b) At least once in every three months c) Members are to be given written notice and a copy of the agenda d) Meetings are called immediately in the event of an accident 2.4.2 Duty to Provide Facilities (Reg.22) The employer shall: a) Provide a suitable place in the workplace for meetings to be held b) Permit each committee member to attend the meeting during working hours 2.4.3 Inaugural Meeting (Reg.23) a) The inaugural meeting shall be convened by the employer/authorised Manager b) Employer shall make known to members the policy, plans and proposals for safety and health at the workplace 2.4.4 Quorum (Reg.24) At every meeting, the quorum shall be the Chairman, the Secretary and not less that half of the remaining members. 2.4.5 Non-member May Attend Meeting (Reg.25) a) Those involved in or have knowledge of the accident under discussion b) Any other relevant party 2.4.6 Matters to be Discussed at the Meeting (Reg.26) Only matters related to safety and health at the workplace shall be discussed in the meeting 2.4.7 Minutes of Meeting (Reg.27) a) A copy of the minutes of every meeting shall be distributed to members within two weeks after the meeting has taken place b) The employer shall keep a copy of the minutes for a minimum period of seven years c) A copy shall be given to an Occupational safety and Health Officer upon request PART V – PROVISIONS FOR TRAINING AND INFORMATION In order for the committee to function effectively, the employer shall: a) Ensure that all members have a basic understanding and knowledge of the functions of the committee (Reg.28) b) Take such steps as reasonably practicable to provide adequate training in OSH (Reg.29) c) Provide relevant information to the committee such as: (Reg.30) i. The Act and all related legislations and regulations; ii. Industry codes of practice and guidelines; iii. Information about safety plans and their implementations; iv. Technical information on hazards and preventive measures; v. Information on operation procedures, systems of work and; vi. Any other information as directed by the Director General d) Information not to be Supplied (Reg.31) An employer shall not make available to the safety and health committee the following: i. Information the disclosure of which would be prejudicial to the interest of national security; ii. Any information which he could not disclose without contravening a prohibition imposed by or under any written law; iii. Information specifically related to an individual, unless he has consented to its disclosure; iv. Information that could cause substantial injury to the employer’s undertaking; or v. Any information obtained by the employer for the purpose of the instituting, prosecuting or defending any legal proceedings.  PART VI- PENALTY (REG. 32) A person who contravenes any part of these Regulations shall be liable to a fine not exceeding RM5,000 or 6 months imprisonment or both The Occupational Safety and Health Act 1994 OSHA 94 WELCOME TO OSHA 94 (Act 514) SELAMAT DATANG KE AKKP 1994 (Akta 514) 7.3. OSH Chemical Related Regulations CHEMICAL SAFETY REGULATIONS: Occupational Safety and Health (Control of Industrial Major Accident Hazards) Regulations 1996 Occupational Safety and Health (Classification, Labelling and Safety Data Sheet of Hazardous Chemicals) Regulations 2013 Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000  CONTENT : 7.3.1 Occupational Safety and Health (Control of Industrial Major Accident Hazards) Regulations 1996 7.3.2 Occupational Safety and Health (Classification, Labelling and Safety Data Sheet of Hazardous Chemicals) Regulations 2013 7.3.3 Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000  SOURCES OF LAW FOR CHEMICAL MANAGEMENT Section 15(1)(OSHA Act,1994) :- “ 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 his employees” CHEMICAL MANAGEMENT IN MALAYSIA RELATED LEGISLATION AND AGENCIES  HAZARDOUS CHEMICALS MANAGEMENT – Occupational Safety and Health (Control of Industrial Major Accident Hazards) Regulations 1996 – Occupational Safety and Health (Classification, Labelling and Safety Data Sheet of Hazardous Chemicals) Regulations 2013 – Occupational Safety and Health (Prohibition of Use of Substances) Order 1999 – Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000 ❑What is major accidents ❑The need for CIMAH Regulations ❑Development of CIMAH Regulations ❑Objective of CIMAH Regulations ❑Arrangement of CIMAH Regulations ❑Conclusion  WHAT IS MAJOR ACCIDENTS? Uncontrolled events Involving fire, explosion, release Resulted in deaths and injuries (onsite/offsite) Leading to serious danger to human health and/or the environment Resulted from the use or storage of flammable, toxic or explosive substance  EXAMPLE: MAJOR ACCIDENTS AROUND THE WORLD Bhopal: Over 3500 people were killed immediately and 200,000 sought medical treatment  EXAMPLE: MAJOR ACCIDENTS AROUND THE WORLD Flixborough: 1 June 1974 - Release of cyclohexane plant destroyed 28 people killed EXAMPLE: MAJOR ACCIDENTS AROUND THE WORLD Flixborough: 4 5 6 Reactor replaced by a dog-leg shaped pipe  EXAMPLE: MAJOR ACCIDENTS AROUND THE WORLD Pasadena: 23 October 1989 - Release of flammable gas mixture ignited, destroying plant and killing 23  EXAMPLE: MAJOR ACCIDENTS AROUND THE WORLD Seveso: 10 July 1976 - Uncontrolled exothermic runaway reaction causes a reactor to vent, discharging its contents over town Seveso, 12 km from Milan and neighbouring countryside  EXAMPLE: MAJOR ACCIDENTS AROUND THE WORLD Seveso: Immediate consequences Release of dioxin, 2,3,7,8 TCDD led to removal of top soil from area 447 people were treated for caustic burns 187 cases of chloracne Thousands of animals slaughtered  EXAMPLE: MAJOR ACCIDENTS MALAYSIA CURRENT SITUATION Many major hazard installations operating in the country There are many more to be built Our National Tragedy? (Bright Sparklers…) No uniform system of control implemented by the Manufactures.  EXAMPLE: MAJOR ACCIDENTS MALAYSIA Pada April 2006, tiga tangki simpanan petrol Petronas Dagangan di Pelabuhan Johor terbakar semasa cuaca buruk, menyebabkan 5,000 pekerja pelabuhan dipindahkan ke kawasan dalam lingkungan 2km. EXAMPLE: MAJOR ACCIDENTS MALAYSIA  THE NEED FOR REGULATIONS Major accidents happened around the world Protection of workers and other people from major accident Protection from environment To comply with ILO convention To harmonise the system of controlling major accidents  DEVELOPMENT OF CIMAH REGULATIONS Mid European Community government passed regulations about major 1970’s hazard directive in chemical process facilities (SEVESO DIRECTIVE) Britain enforced the directive, known as the Control of Industrial 1984 Major Hazard (CIMAH) regulations 1996 The government of Malaysia adopted the CIMAH regulations  OBJECTIVE CIMAH REGULATIONS To prevent major industrial accidents To limit the consequences to people, property and environment  ARRANGEMENT OF CIMAH REGULATIONS GENERAL REQUIREMENT PART I - APPLICATION PART II - IDENTIFICATION AND NOTIFICATION PART V - NOTIFICATION OF ACCIDENT PART VI - PENALTY PART IV PART III MHI NMHI SAFETY REPORT DEMONSTRATION OF ON/OFF-SITE ERP SAFE OPERATION INFORMATION TO PUBLIC INDUSTRIAL ACTIVITY PART I: PRELIMINARY Section 2: Application Apply to All Industrial Activities, except- ◼ A nuclear installation ◼ An installation under the armed forces ◼ A vehicle or vessel transporting the hazardous substance to or from the site of industrial activity ◼ An industrial activity which involved a quantity of hazardous substance equal or less than 10% of the threshold quantity specified in Schedule 2 PART I: PRELIMINARY Section 3: Interpretation Industrial Activity An operation carried out in an industrial installation involving one or more hazardous substances, and includes on-site storage and on-site transport which are associated with the operation Major Accident An occurrence including a major emission, fire or explosion resulting from uncontrolled development in the course of an industrial activity, which leads to serious danger to persons, whether immediate or delayed, inside or outside an installation, or to the environment, and involving one or more hazardous substance Threshold Quantity Given to hazardous substance or a category(s) of hazardous substances, the quantity(s) which is or are equal to the amount set out in Schedule 2 PART I: PRELIMINARY Section 3: Interpretation Competent Person An employee or person appointed by the manufacturer and who has been approved by the Director General to prepare a written report Register Person An employee or person who has been appointed by an authority to approve a report such as the report of Environmental Impact Assessment (EIA) Manufacturer An employer or occupier having control of an industrial activity Officer Occupational Safety and Health Officer appointed Local Authority Any council or other similar local authority established by any written law and includes any authority in charge of a Federal Territory established by any written law Port Authority Any port authority established under any written law  Section 5: Obligations of manufacturer and employee ◼ Notify to DOSH of an industrial activity ◼ Prepare and submit Safety Report and On-Site Emergency Response Plan to DOSH ◼ Keep up to date report and plan ◼ Inform to the local authority ◼ Help local authority to prepare off-site ERP ◼ Inform to the public ◼ Inform DOSH of any major accident PART II: IDENTIFICATION AND NOTIFICATION OF AN INDUSTRIAL ACTIVITY Section 7: Identification and notification (1)Every manufacturer shall - (a) Identify any industrial activity within his control; (b) Submit the Notification of Industrial Activity Form specified in the Schedule 5 to the Director General within 1 month before construction. PART II: IDENTIFICATION AND NOTIFICATION OF AN INDUSTRIAL ACTIVITY Section 7: Identification and notification (2)Upon receiving the Notification, the DG may determine that the installation – (a) Is a major hazard installation even though the quantity of hazardous substances listed in Part 1 or Part 2; or hazardous substances and preparations falling within a categories specified in Part 2 of Schedule 2 is less that the threshold quantity when in his opinion the installation may caused major accident; or (b) Is not a major hazard installation even though the quantity of hazardous substances and preparations falling within a category or categories specified in Part 2 of Schedule 2 is equal to or exceed the threshold quantity when in his opinion the installation is incapable of causing a major accident. PART II: IDENTIFICATION AND NOTIFICATION OF AN INDUSTRIAL ACTIVITY Section 8: Notification of changes The manufacturer shall immediately notify the Director General of any change in any of the particulars furnished in the Notification of Industrial Activity Form, including an increase or a reduction in the maximum quantity of any hazardous substance which is or liable to be involved at the site or in the pipeline or the cessation of the industrial activity by resubmitting the Form CLASSIFICATION of INDUSTRIAL ACTIVITY CIMAH REGULATIONS Quantity of Hazardous Substances (QHS) MAJOR HAZARD INSTALLATION (MHI) NON MAJOR HAZARD INSTALLATION (NMHI) QHS ≥ Treshold Quantity (TQ) 10% TQ < QHS < TQ Submit industrial activity report Submit document demonstration of safe operation (including element of ERP) Submit onsite Emergency Response Plan (ERP) Reference : Guidline of preparation on Department of Occupational Safety and Health (DOSH) Supply information to public Supply information to local/port authority (offsite ERP)  CIMAH INDICATIVE CRITERIA Indicative Criteria Toxic Explosive Flammable Oxiding Substances Substances Substances Substances Very Other Highly Toxic Flammable Flammable Flammable Toxic Toxic Liquid Gas Liquid TQ = 10 TQ = 10 tonnes tonnes TQ = TQ = Refer TQ = TQ = 5 TQ = 200 TQ = 50 10 Sch. 2, 5000 tonnes tonnes tonnes tonnes Part 1 tonnes PART III: DEMONSTRATION OF SAFE OPERATION FOR NON-MAJOR HAZARD INSTALLATION Section 9: Application Apply to industrial activity classified as non-major hazard installation: A quantity of hazardous substance is less than but more than 10% of the threshold quantity Which is not determined as a major hazard installation by DG Major hazard installations which is determined as non- major hazard installation by the Director General PART III: DEMONSTRATION OF SAFE OPERATION FOR NON-MAJOR HAZARD INSTALLATION Section 10: Demonstration of safe operation MAJOR INSTALLATION A manufacturer who has control of an industrial activity to which this Part applies shall at anytime, at the request of the Director General provide evidence including documents to show that he has - (a) Identified the possible major accident hazards; and (b) Taken adequate steps to prevent any major accidents and to minimize their consequences to persons and the environment; (c) Prepared and kept up to date of emergency plan PART III: DEMONSTRATION OF SAFE OPERATION FOR NON-MAJOR HAZARD INSTALLATION Section 11: Review of demonstration of safe operation The Director General: May require the manufacturer to submit documents on demonstration of safe operation May review the documents Shall direct the manufacturer to provide additional information PART IV: REPORT ON INDUSTRIAL ACTIVITY AND PREPARATION OF EMERGENCY PLAN FOR MAJOR HAZARD INSTALLATION Section 12: Application This part shall apply to MAJOR HAZARD INSTALLATION  W hat yo u should d o w h e n yo u r installation is categorised as a Major Hazard Installation. EI - within 3 months after CIMAH Reg commencement SUBMIT THE date Reg. 7(b) NOTIFICATION OF INDUSTRIAL ACTIVITY NI - within a month before construction FORM Reg. 21 INFORM LOCAL/PORT AUTHORITY EI - within 3 months after CIMAH Reg commencement date DD -within 3 months after the determination date - Plant status - Provide information - Need for Off-site ERP EI - within 6 months after CIMAH Reg commencement date Reg. 22 INFORM THE NI - before commencing the industrial activity DD -within 6 months after the PUBLIC date of determination EI - within 3 months after CIMAH Reg commencement date NI - within 3 months before Reg. 18 Competent SUBMIT ON-SITE ERP commencing industrial activity DD -within 3 months after the date Person of determination EI & NI (constructed 6 months before CIMAH Reg commence) - within 12 months after CIMAH Reg commencement date NI - 3 months before commencing the industrial activity SUBMIT THE REPORT ON Reg. 14 Competent INDUSTRIAL ACTIVITY DD- within 12 months after the date of determination Person UPDATE AND SUBMIT THE within a month after 3 years of the date of last Competent REPORT ON INDUSTRIAL report Reg. 16 Person ACTIVITY MODIFICATION TO THE INDUSTRIAL 3 months before modification Competent ACTIVITY (IF ANY) Reg. 15 Person Note: EI - Existing Installation NI - New Installation DD -DG Determined NOTIFICATION OF MAJOR Reg. 23 ACCIDENT Immediately PART IV: REPORT ON INDUSTRIAL ACTIVITY AND PREPARATION OF EMERGENCY PLAN FOR MAJOR HAZARD INSTALLATION Section 13: Registration of Competent Person Terms and references ◼ The applicant shall be a Malaysian citizen; or a foreign resident with valid Malaysian working permit. ◼ Above twenty-one (21) years of age. ◼ Hold a degree or equivalent in one of the following disciplines: engineering, physics, chemistry, biochemistry, ergonomics or applied science from a recognised University. ◼ More than three (3) years' practical experience relevant to the work to be performed by a Competent Person under the Regulations. PART IV: REPORT ON INDUSTRIAL ACTIVITY AND PREPARATION OF EMERGENCY PLAN FOR MAJOR HAZARD INSTALLATION Knowledge and experience ◼ OSHA1994 and CIMAH Regulations1996 ◼ Safety Management System for loss prevention ◼ Emergency response plan PART IV: REPORT ON INDUSTRIAL ACTIVITY AND PREPARATION OF EMERGENCY PLAN FOR MAJOR HAZARD INSTALLATION Knowledge and experience ◼ Has adequate knowledge and understanding in the following areas:- identification, assessment and evaluation of hazards and risks; ◼ ◼failure cases identification and scenarios; ◼frequency and consequences analysis of major accidents; ◼ignition sources, topography and meteorology; ◼softwares use in quantitative risks analysis ◼risks acceptability criteria; ◼risks mitigation measures; ◼land use planning; PART IV: REPORT ON INDUSTRIAL ACTIVITY AND PREPARATION OF EMERGENCY PLAN FOR MAJOR HAZARD INSTALLATION Importance of Safety Reports ◼The core of the information for determining: ◼ The suitability of the prevention and control measures; ◼ The events which the manufacturer’s on-site emergency plan should be designed to handle; ◼ The events which off-site emergency plans should be capable of dealing with; and ◼ The identification of the key areas for DOSH’s inspection effort. PART IV: REPORT ON INDUSTRIAL ACTIVITY AND PREPARATION OF EMERGENCY PLAN FOR MAJOR HAZARD INSTALLATION Importance of Safety Reports ◼Objective of the document are being to: ◼ Identify the nature and scale of use of the dangerous substances ◼ Describes the type, relative likelihood and consequences of major accidents ◼ Describe the arrangements for safe operation and control and mitigation of major accidents PART IV: REPORT ON INDUSTRIAL ACTIVITY AND PREPARATION OF EMERGENCY PLAN FOR MAJOR HAZARD INSTALLATION Importance of Safety Reports ◼ The document is of practical use: ◼ As a management tool for use by the company; and ◼ As a tool for inspection for use by inspector. PART IV: REPORT ON INDUSTRIAL ACTIVITY AND PREPARATION OF EMERGENCY PLAN FOR MAJOR HAZARD INSTALLATION Main Safety Report Contents (a) Information relating to every hazardous substance (b) Information relating to the installation (c) Information relating to the management system for controlling the industrial activity (d) Information relating to the potential major accidents in the form of risk assessment  EMERGENCY RESPONSE PLANNING CIMAH REGULATION REQUIREMENTS Applicable to - Non-Major Hazard Installation Major Hazard Installation  EMERGENCY RESPONSE PLANNING CIMAH REGULATION REQUIREMENTS FOR NMHI Section 10 (c) Prepared and kept up to date Onsite ERP Section 11 Director General May ask for submission May review Shall ask for improvement  EMERGENCY RESPONSE PLANNING CIMAH REGULATION REQUIREMENTS FOR MHI Section 18 (1) Consult Competent Person Prepared and keep up to date Onsite ERP Plan should mentioned person responsible for site safety Authorized person to take action during emergency Section 18 (2) Constantly updated if any changes Informed affected person of the changes  EMERGENCY RESPONSE PLANNING CIMAH REGULATION REQUIREMENTS MHI Regulation 18 (3) Submit the Onsite ERP to Director General Specify time frame Extention by Director General  EMERGENCY RESPONSE PLANNING CIMAH REGULATION REQUIREMENTS FOR MHI Regulation 19 (1) ERP updating Consult Competent Person Regulation 20 Director General may review Direct the manufacturer for improvement Specify the time  EMERGENCY RESPONSE PLANNING Aim The aim of an ERP is to ensure an immediate and appropriate response in the event of emergency  EMERGENCY RESPONSE PLANNING Objectives Minimise personal injury Minimise property damage Minimise damage to the environment and public Provide immediate resumption of normal operations Provide a basis for training and increasing preparedness for all people involved in an emergency Meet legislative requirements  EMERGENCY RESPONSE PLANNING Emergency Unexpected event requiring prompt action which is beyond to normal day to day activity. Response The reaction to the actual or potential situation  EMERGENCY RESPONSE PLANNING Plan Is an organisation of knowledge which outlines how something should be done or what actions to be taken or a particular strategy to be followed  TYPES OF ERP 1. Onsite ERP A plan to deal with onsite emergency Not pose a threat to the outside community Can controlled by onsite emergency team Minimum response from offsite emergency services A plan prepared by manufacturer  TYPES OF ERP 2. Offsite ERP A plan to control major emergency Pose a threat to the outside community Require the use of offsite resources extensively Ideally the plan prepared by local authority  WHY ERP? ◼ The plan is laid out to deal with specific emergencies such as fire, severe weather conditions, flood, major environmental emergency, disaster involving casualties, bomb threat, major equipment damage, etc. ◼ To provide a clear identification of the site, its location, location of hazardous materials stored and quantities on site. ◼ To co-ordinate the responses of off-site emergency services.  WHY ERP? Provide guidance on actions to be taken to organize personnel and resources in the event of an emergency. To ensure that all emergency equipment is maintained properly, ready for use and that personnel are trained in the use of the equipment and the emergency procedure. The plan recognizes that there are many different types of emergency conditions which can arise and, thus, many decisions cannot be made ahead of time.  COMPONENTS OF ON-SITE ERP 1. Plant Risk Evaluation - Carried out preliminary hazard analysis 2. On-Site Emergency Organisation And Teams 3. Detailed Operations Manuals (for each process unit and utility system) 4. Emergency Response Procedures 5. Emergency Records 6. Emergency Equipment and Facilities 7. Regular Tests of Emergency Equipment and Facilities 8. Training and drills 9. Plan Review and Updates 10. Audit  EMERGENCY RESPONSE PLANNING CIMAH REGULATION REQUIREMENTS Offsite ERP (for MHI only) Section 21 (1) Manufacturer inform local authority or port authority this industrial activity is capable of producing major accident for the need of offsite ERP preparation  EMERGENCY RESPONSE PLANNING CIMAH REGULATION REQUIREMENTS Offsite ERP: Section 21 (2) (a) Specify time frame to inform local or port authority (b) Provide information to local or port authority related to nature, extent and likely effects offsite of any possible major accident (c) Afford to the local or port authority all reasonable facilities upon request Section 21 (3) Local or port authority may prepare and updating Offsite ERP PART IV: REPORT ON INDUSTRIAL ACTIVITY AND PREPARATION OF EMERGENCY PLAN FOR MAJOR HAZARD INSTALLATION Section 22: Information to public 1. The duty of a manufacturer, to ensure that persons outside the site affected by a major accident are supplied with the information specified in Schedule 3. 2. The manufacturer shall endeavour to enter into an agreement with the local authority to disseminate the information but the manufacturer shall remain responsible for the accuracy, completeness and form of the information supplied. 3. The manufacturer shall ensure that the information supplied is updated and supplied again at appropriate intervals. PART IV: REPORT ON INDUSTRIAL ACTIVITY AND PREPARATION OF EMERGENCY PLAN FOR MAJOR HAZARD INSTALLATION Section 22: Information to public Information to be communicated: ◼ Name of manufacturer and address of site of industrial activity ◼ Identification by position held of person giving the information ◼ Confirmation the major hazards site and safety report submitted ◼ Brief explanation on site activity ◼ Names of hazardous substance ◼ Information relating to the nature of a major accident hazard and potential effects ◼ Information on how the population concerned will be warned and kept informed of accident ◼ Information on the action the population concerned should take in the event of accident ◼ Arrangement on site and liaison with off-site emergency services to deal with emergency ◼ A reference to the off-site emergency plan drawn up to cope with any off-site effects ◼ Further relevant information can be obtained PART IV: REPORT ON INDUSTRIAL ACTIVITY AND PREPARATION OF EMERGENCY PLAN FOR MAJOR HAZARD INSTALLATION Information to the Public To be written in simple terms Avoid technical expressions Explain technical terms Suited to local language To be understood by lay leader PART V: NOTIFICATION OF MAJOR ACCIDENT Section 23: Notification of major accident Notify to the nearest OSH Office. PART VI: PENALTY Section 24: Penalty The manufacturer who commits an offence against any of the provisions of these regulations for which no corresponding penalty is provided by the Act shall, on conviction, be liable to a fine not exceeding RM50,000 or to an imprisonment of not more than two years or to both. Any employee who commits an offence against any of the provisions of these regulations for which no corresponding penalty is provided by the Act shall, on conviction, be liable to a fine not exceeding RM1,000 or to an imprisonment of not more than three months or to both.  GROUP EXERCISE Break into 4 or 5 groups You are the SHO of a chemical factory with storage of large amount of explosive and poisonous gases. Describe the types of communication you would use to increase the awareness of safety and health in your company. Describe how you would reassure the people living in the vicinity of the factory that they are protected from the risks of an accidental release or explosion of these gases. ADDITIONAL SLIDE  SCHEDULE 1 For the purpose of this schedule : LD50 (oral) - a dose of a substance in mg/kg of body weight that produces death in 50% of a given experimental animal population LD50 (cutaneous) - a dose of a substance in mg/kg of body weight that produces death in 50% of a given animal population LC50 - a concentration of a substance in air that is estimated to produce death after inhalation for four hours in 50% of a given experimental animal population FLAMMABLE SUBSTANCES Highly Flammable Liquids substances which have a flash point lower than 21C and the boiling point of which at normal pressure is above 20 C Flammable Liquids substances which have a flash point lower than 5.5 C and which remain liquid under pressure and where under particular processing conditions such as high pressure and high temperature, may create major accident hazards Flammable Gases substances which in the gaseous state at normal pressure and mixed with air become flammable and the boiling point of which at normal pressure is 20 C or below EXPLOSIVE SUBSTANCES Substances which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene  SCHEDULE 1 TOXIC SUBSTANCES Very Toxic Substances a. Substances which correspond to the line 1 of the table below; and b. Substances which correspond to the line 2 of the table below which, owing to their physical and chemical properties, are capable of producing major accident hazards similar to those caused by the substances mentioned in line 1 : Other Toxic Substances Substances with the following values of acute toxicity as shown in the table below and having physical and chemical properties capable of producing major accident hazards : OXIDIZING SUBSTANCES Substances which give rise to highly exothermic reaction when in contact with other substances particularly flammable substances  SCHEDULE 2 LIST OF SUBSTANCES AND QUANTITIES The quantities set out below relate to each installation or group of installations belonging to the same manufacturer where the distance between the installations is not sufficient to avoid, in foreseeable circumstances, any aggravation of major accident hazards. The quantities apply in each case to each group of installations belonging to the same manufacturer where the distance between the installations is less than 500 meters Part 1 : Named Substances Where a substance or group of substances listed in Part 1 also falls within a category of Part 2 the quantities set out in Part 1 shall be used. Substance Threshold Quantity Group 1 - Toxic Substances (quantity  1 tonne) Aldicarb 100 kilograms 4-Aminodiphenyl 1 kilogram Amiton 1 kilogram Anabasine 100 kilograms Arsenic pentoxide, arsenic (V) acid and salts 500 kilograms Arsenic trioxide, arsenious (III) acid and salts 100 kilograms Arsine (Arsenic hydride) 10 kilograms Azinphos-methyl 100 kilograms Benzidine 1 kilogram Benzidine salts 1 kilogram Beryllium (powders, compounds) 10 kilograms  SCHEDULE 2 (Cont.) Substance Threshold Quantity Group 1 - Toxic Substances (quantity  1 tonne) Bis (2-chloroethyl) sulphide 1 kilogram Bis (chloromethyl) ether 1 kilogram Carbofuran 100 kilograms Carbophenothion 100 kilograms Chlorfenvinphos 100 kilograms 4-(Chloroformyl) morpholine 1 kilogram Chloromethyl methyl ether 1 kilogram Cobalt (metal, oxides, carbonates and sulphides as powders) 1 tonne Crimidine 100 kilograms Cyanthoate 100 kilograms Cycloheximide 100 kilograms Demeton 100 kilograms Dialifos 100 kilograms 00-Diethyl S-ethylsulphinylmethyl phosphorothioate 100 kilograms 00-Diethyl S-ethylsulphonylmethyl phosphorothioate 100 kilograms 00-Diethyl S-ethylthiomethyl phosphorothioate 100 kilograms 00-Diethyl S-isopropylthiomethyl phosphorothioate 100 kilograms 00-Diethyl S-propylthiomethyl phosphorothioate 100 kilograms Dimefox 100 kilograms Dimethylcarbamoyl chloride 1 kilogram  SCHEDULE 2 (Cont.) Substance Threshold Quantity Group 1 - Toxic Substances (quantity  1 tonne) Dimethylnitrosamine 1 kilogram Dimethyl phosphoramidocyanidic acid 1 tonne Diphacinone 100 kilograms Disulfoton 100 kilograms EPN 100 kilograms Ethion 100 kilograms Fensulfothion 100 kilograms Fluenetil 100 kilograms Fluoroacetic acid 1 kilogram Fluoroacetic acid, salts 1 kilogram Fluoroacetic acid, esters 1 kilogram Fluoroacetic acid, amides 1 kilogram 4-Fluorobutryic acid 1 kilogram 4-Fluorobutryic acid, salts 1 kilogram 4-Fluorobutryic acid, esters 1 kilogram 4-Fluorobutryic acid, amides 1 kilogram 4-Fluorocrotonic acid 1 kilogram 4-Fluorocrotonic acid, salts 1 kilogram 4-Fluorocrotonic acid, esters 1 kilogram 4-Fluorocrotonic acid, amides 1 kilogram  SCHEDULE 2 (Cont.) Substance Threshold Quantity Group 1 - Toxic Substances (quantity  1 tonne) 4-Fluoro-2-hydroxybutyric acid 1 kilogram 4-Fluoro-2-hydroxybutyric acid, salts 1 kilogram 4-Fluoro-2-hydroxybutyric acid, esters 1 kilogram 4-Fluoro-2-hydroxybutyric acid, amides 1 kilogram Glycolonitrile (hydroxyacetonitrile) 100 kilograms 1,2,3,7,8,9-Hexachlorodibenzo-p-dioxin 100 kilograms Hexamethylphosphoramide 1 kilogram Hydrogen selenide 10 kilograms Isobenzan 100 kilograms Isodrin 100 kilograms Juglone (5-Hydroxynaphthalene-1,4-dione) 100 kilograms 4,4’-Methylenebis (2-chloroaniline) 10 kilograms Methyl isocyanate 150 kilograms Mevinphos 100 kilograms 2-Naphthylamine 1 kilogram Nickel metal, oxides, carbonates and sulphide as powders 1 tonne Nickel tetracarbonyl 10 kilograms Oxydisulfoton 100 kilograms Oxygen difluoride 10 kilograms Paraoxon (Diethyl 4-nitro-phenyl phosphate) 100 kilograms Parathion 100 kilograms  SCHEDULE 2 (Cont.) Substance Threshold Quantity Group 1 - Toxic Substances (quantity  1 tonne) Dimethylnitrosamine 1 kilogram Parathion-methyl 100 kilograms Pentaborane 100 kilograms Phorate 100 kilograms Phosacetim 100 kilograms Phosgene (Carbonyl chloride) 750 kilograms Phosphamidon 100 kilograms Phosphine (Hydrogen phosphide) 100 kilograms Promurit (1-(3,4-Dichlorophenyl)-3-triazenethio-carboxamide) 100 kilograms 1,3-Propanesultone 1 kilogram 1-Propen-2-chloro-1,3-diol diacetate 10 kilograms Pyrazoxon 100 kilograms Selenium hexafluoride 10 kilograms Sodium selenite 100 kilograms Stibine (Antimony hydride) 100 kilograms Sulfotep 100 kilograms Sulphur dichloride 1 tonne Tellurium hexafluoride 100 kilograms TEPP 100 kilograms  SCHEDULE 2 (Cont.) Substance Threshold Quantity Group 1 - Toxic Substances (quantity  1 tonne) 2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD) 1 kilogram Tetramethylene-disulphotetramine 1 kilogram Thionazin 100 kilograms Tirpate (2,4-Dimethyl-1,3-dithiolane-2- 100 kilograms carboxadihyde 0-methylcarbamoyloxime) Trichloromethanesulphenyl chloride 100 kilograms 1-Tri(cyclohexy)stannyl-1 H-1,2,4-triazole 100 kilograms Triethylenemelamine 10 kilograms Warfarin 100 kilograms  SCHEDULE 2 Substance Threshold Quantity Group 2 - Toxic Substances (quantity ≥1 tonne) Acetone cyanohydrin (2-Cyanopropan-2-ol) 200 tonnes Acrolein (2-Propenal) 200 tonnes Acrylonitrile 20 tonnes Allyl alcohol (2-Propen-1-ol) 200 tonnes Allyamine 200 tonnes Ammonia 100 tonnes Bromine 10 tonnes Carbon disulphide 200 tonnes Chlorine 10 tonnes Diphenyl methane di-isocynate (MDI) 200 tonnes Ethylene dibromide (1,2-Dibromoethane) 50 tonnes Ethyleneimine 50 tonnes Formaldehyde (concentration > 90%) 20 tonnes Hydrogen chloride (liquefied gas) 250 tonnes Hydrogen cyanide 20 tonnes Hydrogen fluoride 50 tonnes Hydrogen sulphide 50 tonnes Methyl bromide (Bromomethane) 200 tonnes Nitrogen oxides 50 tonnes Propyleneimine 50 tonnes Sulphur dioxide 20 tonnes Sulphur trioxide 20 tonnes  SCHEDULE 2 (Cont.) Substance Threshold Quantity Group 2 - Toxic Substances (quantity ≥ 1 tonne) Tetraethyl lead 50 tonnes Tetramethyl lead 50 tonnes Toluene di-isocynate (TDI) 100 tonnes  SCHEDULE 2 Substance Threshold Quantity Group 3 – Highly Reactive Substances Acetylene (Ethyne) 50 tonnes Ammonium nitrate (a) 500 tonnes Ammonium nitrate (the form of fertilizer) (b) 1,000 tonnes 2,2-Bis(tert-butylperoxy) butane 50 tonnes (concentration >70%) 1,1-Bis(tert-butylperoxy) cyclohexane 50 tonnes (concentration >80% Tert-Butyl peroxyacetate (concentration >70%) 50 tonnes Tert-Butyl peroxyisobutyrate (concetratrion >80%) 50 tonnes Tert-Butyl peroxy isopropyl carbonate 50 tonnes (concentration >80%) Tert-Butyl peroxymaleate (concentration >80%) 50 tonnes Tert-Butyl peroxypivalate (concentration >70%) 50 tonnes Dibenzyl peroxydicarbonate (concentration >90%) 50 tonnes Di-sec-butyl peroxydicarbonate (concentration >80%) 50 tonnes Diethyl peroxydicarbonate (concentration >30%) 50 tonnes 2,2-Dihydroperoxypropane (concentration >30%) 50 tonnes Di-isobutyl peroxide (concentration >50%) 50 tonnes Di-n-propyl peroxydicarbonate (concentration >80%) 50 tonnes Ethylene oxide 5 tonnes Ethyl nitrate 50 tonnes  SCHEDULE 2 (Cont.) Substance Threshold Quantity Group 3 – Highly Reactive Substances 3,3,6,6,9,9-Hexamethyl-1,2,4,5-tetroxacy- 50 tonnes clononane (concentration >75%) Hydrogen 10 tonnes Methyl ethyl ketone peroxide (concentration >60%) 5 tonnes Methyl isobutyl ketone peroxide (concentration >60%) 50 tonnes Oxygen 500 tonnes Peracetic acid (concentration >60%) 50 tonnes Propylene oxide 50 tonnes Sodium chlorate 20 tonnes NOTE : (a) This applies to ammonium nitrate and mixtures of ammonium nitrate where the nitrogen content derived from the ammonium nitrate is more than 28% by weight and aqueous solutions of ammonium nitrate where the concentration of ammonium nitrate is more that 90% by weight. (b) This applies to straight ammonium nitrate fertilizers and compound fertilizers where the nitrogen content derived from the ammonium nitrate is more than 28% by weight (a compound fertilizer contains ammonium nitrate together with phosphate and/or potash).  SCHEDULE 2 Substance Threshold Quantity Group 4 - Explosive Substances Barium azide 50 tonnes Bis (2,4,6-trinitrophenyl)-amine 50 tonnes Chlorotrinitrobenzene 50 tonnes Cellulose nitrate (containing >12.6% nitrogen) 50 tonnes Cyclotetramethylene-tetranitramine 50 tonnes Cyclotetramethylene-trinitramine 50 tonnes Diazodinitrophenol 10 tonnes Diethylene glycol dinitrate 10 tonnes Dinitrophenol, salts 50 tonnes Ethylene glycol dinitrate 10 tonnes 1-Guanyl-4-nitrosaminoguanyl-1-tetrazene 10 tonnes 2,2’,4,4’,6,6’-Hexabitrostilbene 50 tonnes Hydrazine nitrate 50 tonnes Lead azide 50 tonnes Lead styphnate (lead 2,4,6-trinirotesorcinoxide) 50 tonnes Mercury fluminate 10 tonnes N-Methyl-n,2,4,6-tetranitroaniline 50 tonnes Pentaerythritol tetranitrate 50 tonnes Nitroglycerin 10 tonnes Picric acid (2,4,6-Trinitrophenol) 50 tonnes Sodium picramate 50 tonnes  SCHEDULE 2 (Cont.) Substance Threshold Quantity Group 4 - Explosive Substances Styphnic acid (2,4,6-trinitroresorcinol) 50 tonnes 1,3,5-Triamino-2,4,6-trinitrobenzene 50 tonnes Trinitroanisole 50 tonnes 2,4,6-Trinitroanisole 50 tonnes Trinitrobenzene 50 tonnes Trinitrobenzene acid 50 tonnes Trinitrocresol 50 tonnes 2,4,6-Trinitrophenetole 50 tonnes 2,4,6-Trinitrotoluene 50 tonnes  SCHEDULE 2 Part 2 : Categories of Substance and Preparations not Specifically Named in Part 1 The quantities of different substances and preparations of the same category are cumulative. Where there is more than one category specified in the same entry, the quantities of all substances and preparations of the specified categories in that entry shall be summed up. Categories of Substance Threshold Quantity 1. Substances and preparations which are classified 5 tonnes as ‘very toxic’ as in item 1 of Schedule 1 2. Substances and preparations which are classified 10 tonnes as ‘toxic’ as in item 4 of Schedule 1 3. Substances and preparations which are classified 10 tonnes as ‘explosive’ as in item 4 of Schedule 1 4. Substances and preparations which are classified 10 tonnes as ‘oxidizing’ as in item 5 of Schedule 1 5. Gaseous substances and preparations, including 50 tonnes those in liquefied form, which are gaseous at normal pressure and which are classified as ‘highly flammable’ as in paragraph (a) of item 3 of Schedule 1 6. Substances and preparations (excluding gaseous 5,000 tonnes above), which are classified as ‘highly flammable’ or ‘extremely flammable’ as in paragraph (b) of item 3 of Schedule 1 7. Flammable substances as defined in paragraph (c) 200 tonnes of item 3 of Schedule 1  SCHEDULE 3 ITEMS OF INFORMATION TO BE COMMUNICATED TO THE PUBLIC Name of the manufacturer and the address of the site of industrial activity. Identification by position held of person giving the information. Confirmation that the site is subject to these Regulations and that the report referred to in sub-regulation 15 (1) been submitted to the Director General. An explanation in simple terms of the activity undertaken on the site. The common names or the generic names or the general danger classification of the substances and preparations involved on the site which could give rise to a major accident with an indication of their principal hazardous characteristics. General information relating to the nature of a major accident hazard including its potential effects on the population and the environment. Adequate information on how the population concerned will be warned and kept informed in the event of an accident. Adequate information on the actions the population concerned should take and on the behaviour they should adopt in the event of an accident. Confirmation that the manufacturer is required to make adequate arrangements on site, including liaison with the emergency services, to deal with accidents and to minimise their effects. A reference to the off-site emergency plan drawn up if any to cope with any off-site effects from a major accident. This shall include advice to co-operate with any instruction or request from the emergency services at the time of a major accident. Details of where further relevant information can be obtained, subject to the requirements of confidentiality laid down in any national legislation.  SCHEDULE 4 INDUSTRIAL INSTALLATION Installation for the production, processing or treatment of organic or inorganic chemicals using for these purposes amongst others, the followings : -alkylation - hydrogenation - extraction - hydrolysis - amination by ammonolysis - solvation - carbonylation - oxidation - mixing - codensation - polymerization - esterification - dehydrogenation - sulphonation - distillation - halogenation and manufacture of halogens - desulphurization, manufacture and transformation of sulphur-containing compounds - nitration and manufacture of nitrogen-containing compounds - manufacture of phosphorus-containing compounds - formulation of pesticides and of pharmaceutical products Installation for distillation, refining or other processing of petroleum or petroleum products. Installation for the total or partial of solid or liquid substances by incineration or chemical decomposition. Installation for the production, processing or tre