OSH Legislations PDF

OSH LEGISLATIONS By Ts. Abd Karim Sahari MSc OSH (Universiti Utara Malaysia)  Course Objective The objective is to learn the basic concept and requirements of OSH Act 1994, Factories and Machinery Act 1967 and other related legal requirements.  Course Outline U...

OSH LEGISLATIONS By Ts. Abd Karim Sahari MSc OSH (Universiti Utara Malaysia)  Course Objective The objective is to learn the basic concept and requirements of OSH Act 1994, Factories and Machinery Act 1967 and other related legal requirements.  Course Outline Upon completion of this course participants will be able to: Identify the key legislative compliance requirements of the Acts;  Outline the broad duties of care that the Act places on Employers and Employees. Topic 1: Introduction to Occupational Safety & Health Legislations Ts. Abd Karim Sahari  Learning Objectives of the topic (a) State the difference between Statutory Law and Common Law. (b) Explain the employers liability in Duty of Care. (c) List a short history of the Occupational Safety and Health Regulations in Malaysia.  Scope  OSH Legislations  Duty of Care  History of OSH Legislations in Malaysia  Categories of Law  Conclusion  OSH Legislations OSH Legislation is combination of two pieces of Legislations: (a) Statutory Law; (b) Common Law.  Statutory Law (a) Comprises Acts & Regulations; (b) Legislated by Government; (c) Violation of Statutory Law is a crime; (d) Penalties and Imprisonment; (e) Prosecution by Government Officer (eg Deputy Attorney General) in Criminal Court.  Common Law (a) Judgments by Judges and the Civil Court; (b) Enables the injured party to make claims against the defaulting party; (c) Application for trial is made by the Lawyer appointed by the injured person; (d) Upon conviction – monetary compensation. Among the Legislations under the Common Law are: (a) Law of Torts; (b) Law of Contract.  Law of Torts Tort is a Civil Wrong: A wrongful act which allows the injured party to make a claim against the party committing the wrongful act. Tort is a branch of the civil law (as opposed to criminal law) based on a claim that the defendant has caused injury or loss to the claimant by breaking a relevant obligation imposed by the general law. The law of tort protects to different degrees and in different ways the physical integrity of the person, property interests, reputation and economic interests.  Law of Torts Classification of Torts: (i) Nuisance; (ii) Negligence; (iii) Defamation; (iv) Trespassing The only tort (civil wrong) of real significance in Safety and Health is negligence. Negligence is the lack of reasonable care or conduct which results in the injury (financial losses) of or to another.  Duty of Care In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others.  Legal Obligation of Duty of Care under Common Law “Employers are not exempted from the responsibility under duty of care even though he has assigned a competent person to execute the task” Wilsons and Clyde Coal Co vs English  Employers’ Liability under Duty of Care Types of Injuries: (a) Injuries on individual employees; (b) Injury caused by one worker to another worker or negligence by an agent who undertakes the task on behalf of the employer(Vicarious liability). “Employers are however, not responsible for any action by the worker which do not fall within the scope of his job such as horseplay while at work” Smith Vs Crossley Bros Ltd Example: Two apprentices injecting an air compressor into a third person as a form of joke.  Elements to Associate a Case of Negligence Against Employer (a) Evidence of duty of care by one party (employer) on the other party(employee); (b) Evidence of violation of the responsibility; (c) Violation of the responsibilities which causing damages / injuries. Note: The Burden of Proof is on the plaintiff (injured party)  Historical Perspective Evolution of OSH Legislation in Malaysia 1844 British Legislation – specific safety and health Piecemeal Legislation and Regulations for example transporting machinery on the train. 1972 Lords Roben “Committee of Inquiry” – Robens Report on OSH. Factories and Machinery Act (139) in 1967. Part II Safety, Health and Welfare – enforced 1970. Occupational Safety and Health Act (514) 1994.  Occupational Safety and Health Legislative Framework Constitutional Provision Federal provisions Laws related to Occupational Safety and Health Major Laws on Occupational Employment Act 1955 (Act 265) Wages Council Act 1947 (Act Safety and health Labor Ordinance of Sarawak 195) (Amendment) Act 2005 (Act A Human Resource Occupational Safety & Health Act 1237) Development Berhad Act 2001 1994 (Act514) Labor Ordinance of Sabah (Act 612) Factories & Machinery Act 1967 (Act (Amendment) Act 2005 (Act A Industrial Relations Act 1967 139) 1238) (Act 177) Petroleum Act (Safety Measures) Children and Young Persons Employment information Act 1984 (Act 302) (Employment) Act 1966 (Act 1953 (Act 246) 350) Environmental Quality Act Employees Provident Fund Act 1974 (Act 127) 1991 (Act 452) Atomic Energy Licensing Act Employees Social Security Act 1984 (Act 304 1969 (Act 4) Has Supply Act 1993 (Act 501) Workmen’s Compensation Act Fire Services Act 1988 (Act 1952 (Act 273) 341) Workers Minimum Standards of Uniform Building by Laws housing and amenities Act 1990 1984 (Act 446) Electricity Supply Act 1990 (Act 447) Pesticides Act 1974 (Act 149)  1994 Occupational Safety & Health Act 1994 >1994 Factory & Machinery Act 1967 (By 1967 Boiler + Machinery + Industrial + hygiene safety 1994 Department of Factory & Machinery - JKJ DEVELOPMENT OF OSH LEGISLATION The Machinery Ordinance has been 1953 enforced. Boiler + Machinery + Industrial safety 1970 Boiler safety + Machinery safety 1951 Machinery Enactment of 1932 under 1932 Mineral Department. Occupational safety and Health 1913 Machinery Enactment of 1913 1914 Negeri Melayu Bersekutu has been 1908 Enforced by Perak Order Council 1892 Boiler safety Selangor Boiler Enactment 1890 The Perak Order in Council.  History of OSH Legislations in Malaysia The chronology of the Legislation are as follows: (a) Boiler Safety before Y1914; (b) Machinery Safety (1914-1952); (c) Industrial Safety (1953-1967); (d) Industrial Safety & Industrial Health (1970 -1994); (e) Occupational Safety & Health after 1994.  Boiler Safety Before 1914 Scope of the Enactment: (a) Boiler Safety; (b) Inspection of boiler workers. Among the Enactments related to Boiler Safety are:  The Selangor Boiler Enactment 1892;  The Perak Boiler Enactment 1903;  The Pahang Boiler Enactment 1908;  The Negeri Sembilan Boiler Enactment 1908.  Machinery Safety 1914 - 1952 The Federal Machinery Enactment 1913 that was legislated and enforced superseded all preceding Boiler Safety Enactments. The scope of this Legislation includes: (a) Inspection of Machineries such as: (i) Internal Combustible Engine; (ii) Water Turbine; (iii) Machinery that is install/fix together. (b) Registration and inspection of Machinery Installations  Industrial Safety 1952 - 1970 Machinery Ordinance 1953 was enacted to replace the Federal Machinery Enactment 1913. The scope of the legislations are as follows: (a) Boiler & Machinery Safety; (b) Worker Safety at factories where machineries are used.  Industrial Safety & Industrial Hygiene (1970 – 1994) Factories and Machinery Act 1967: (a) Further developed and expanded the provisions of machinery safety; (b) Improved weaknesses that exist in the Machinery Ordinance 1953. Among the weaknesses in the Ordinance are: (a) The Machinery Ordinance 1953 does not cover workplaces where there are no machine operations; (b) Lack of health and welfare provisions.  Factories & Machinery Act 1967 The approaches of the Act are: (a)Control of machine operations such as requiring high risk machineries such as steam boilers and lifts to be registered; (b)Control of work environment such as provisions on indoor environment controls, control noise and emissions of hazardous contaminants; (c)Control of personnel such as the registration and approval to operate steam boilers.  Occupational Safety & Health 1994 This legislation was made considering the fact that FMA 1967 only covers occupational safety and health in manufacturing, mining, quarrying and construction industries, whereas the other industries are not covered. The purpose of OSHA 1994 is to promote and encourage OSH awareness among workers and to create organisation along with effective safety and health measures.  Occupational Safety & Health Act 1994 (OSHA 1994) Scope of legislation includes: (a) Protects and ensures the safety, health, and welfare of workers in all economic sectors; (b) Provision on elements of duty of care which are responsibilities of employers and self-employed persons, responsibilities of manufacturers and designers and duties of workers; (c) Philosophy of the legislation through self- regulation.  Categories of Legislation The OSH Legislation can be classified into two(2) categories: (a) Legislations regulating industrial activities or specific chemical substances; (b) General provisions and principles.  Control of Industrial Activities or Specific Chemical Substances This category of Legislation only stipulates provisions pertaining to OSH in general. OSH related provisions are as follows: (a) Mineral Enactment; (b) Atomic Licensing Energy Act 1984; (c) Pesticides Act 1974; (d) Petroleum Act (Safety Measures) 1984; (e) Electrical Supply Act 1990.  General Provisions & Principles This category of legislation specifically prescribes specific OSH provisions with the main objective of protecting the safety and health of workers during work activities. The legislations are: (a) Factories and Machinery Act 1967 (FMA 1967); (b) Occupational Safety and Health Act 1994 (OSHA 1994).  Enforcement Enforcement for FMA 1967 and OSHA 1994 is carried out by OSH Officers from DOSH, Ministry of Human Resources, Malaysia. The DOSH also performs the following duties: (a) Conduct awareness and promotional activities; (b) Study and review of the existing legislations; (c) Provide advisory and expert services; (d) Act as the Secretariat to the National Occupational Safety and Health Council.  Conclusion OSH Legislations comprises both Common Law and Statutory Law. These acts prescribe that the employers have a duty of care upon the employees. In Malaysia, the first legislation enacted to safety at work is the Boiler Enactments and Machinery Ordinance. This was followed by FMA 1967 and subsequently OSHA 1994. The OSHA 1994 provides more comprehensive provisions in the spectrum of occupational safety and health. Topic 2: Factories and Machinery Act 1967 (Act 139) Ts. Abd Karim Sahari  Learning Expectation Explain the aims for the promulgation of Factories and Machinery Act 1967 Produce various definitions as stated in Factories and Machinery Act 1967 List down and briefly explain the parts and its provisions as spelled out under the Act Discuss the powers of Inspectors and penalties under this Act Apply knowledge gained in complying to the provisions of the said Act Determine the specific requirements in each section for its implementation in the workplace State the penalties imposed for failure to comply with the Act  Factories and Machinery Act 1967 An Act to provide for the control of factories with respect to matters relating to the safety, health and welfare of persons therein, the registration and inspection of machinery and for matters connected therewith. (1st February 1970)  Application OSHA 1994 supersedes FMA 1967 in the event of any conflict; FMA 1967 applies to mainly factories and construction sites; FMA & 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.  Scope of Application The scope of FMA 1967 only covers 24 percent of the total labour workforce (i.e. 6.8 million in year 1980) nationwide. Those protected are workers in the sectors defined as a factory namely:  Manufacturing Mining and Quarrying Construction  Prescriptive Provisions FMA 1967 provides prescriptive provisions, of which, over time, became irrelevant. The provisions provide in detail the necessary actions to be taken to prevent occurrence of accidents. For example, the provision requires all machinery parts to be strictly guarded according to the specifications stated under F&M(Fencing of Machinery and Safety) Regulations 1970.  Approach The approach of Act was based on traditional method of using a checklist system. The checklist system puts emphasis on workers, system of work, machineries and working environment by preventing accidents and industrial diseases. This approach gave the impression that the responsibility of OSH purely lies in government controls, resulting in industries becoming too dependent on the government regulations. At the same time, accident statistics in other sectors were high not covered under FMA 1967 recorded alarming rates, especially fatality and permanent disability cases. This urged the government to draft an additional piece of law in order to control these activities.  Objectives The objectives of Act are: (a) to provide control on factories to secure safety, health and welfare of person therein; (b) for the purpose of registration and inspection of a machinery and for matters connected therewith.  Arrangement The Act consists of six(6) Parts and three(3) Schedules namely: (a) Part 1: Preliminary (b) Part II: Safety, Health and Welfare (c) Part III: Persons in Charge and Certificates of Competency (d) Part IV: Notification of Accident, Dangerous Occurrence and Dangerous Diseases (e) Part V: Notice of Occupation of Factory, and Registration and Use of Machinery (f) Part VI: General  Arrangement (Cont.) Schedules: (i) First Schedule: Dangerous Occurrence (ii) Second Schedule: Serious Bodily Injury (iii) Third Schedule: Notifiable Industrial Diseases  Part I: Preliminary This part consists of nine(9) provisions: (a) Short title (b) Interpretation of Factory (c) Interpretation – General (d) Appointment of Officers (e) Supervision of Officers (f) Officers are Public Servants (g) Powers of an Inspector (h) Obstruction is an Offence (i) Persons not to Reveal Secrets  Part I: Preliminary Interpretation of Factory Means any premises or part of a premises where: within the close or curtilage or precincts of the premises or part thereof persons are employed in manual labour in any process for or connected with or incidental to the making, altering, repairing, ornamenting, sorting, finising, cleaning, washing, breaking, demolishing, construction, re- constructing, fitting, refitting, adjusting or adapting of any article or part thereof; and the said work is carried on by way of trade for the purposes of gain or incidentally to any business so carried on, and (whether or not they are factories by reason of the foregoing definition) the expression factory also includes the following premises in which persons are employed in manual labour:  Part I: Preliminary Interpretation of Factory (i) any yard or dry dock in (including the precincts thereof) in which ships or vessels are constructed, re-constructed, repaired, refitted, finished or broken up; (ii) any premises in which the business of washing or filling bottles or containers or packing articles is carried on incidentally to the purposes of any factory; (iii)any premises in which the business of hooking, plaiting, lapping, making-up or packing of yarn or cloth is carried on; (iv)any laundry carried on as ancillary to another business or incidentally to the purposes of any public institution; (v) any premises in which the construction, re-construction, or repair of locomotives, vehicles or other plant for use for transport purposes is carried on ancillary to a transport undertaking or other industrial or commercial undertaking;  Part I: Preliminary Interpretation of Factory (vi) any premises in which printing by letter press, lithography, photogravure, or another similar process, or bookbinding is carried on by way of trade or for purposes of gain or incidentally to another business so carried on; (vii)any premises in which the production of cinematograph films is carried on by way of trade or for purposes of gain; (viii)any premises in which manual labor is employed and mechanical power is used in connection with the making or repair of an article of metal or wood incidentally to any business carried on by way of trade or for purposes of gain; (ix)any premises used for the storage of gas in a gas-holder having a storage capacity of not less than 5,000 cubic feet;  Part I: Preliminary Interpretation of Factory (x) any premises, place or space where any building operations or works of engineering construction are carried out; and (xi)any premises belonging to or in the occupation of Federal Government or Government of any State or local authority or other public authority which would be a factory within the meaning of this Act but for paragraph (b),  Part I: Preliminary Interpretation of Factory But does not include:  any premises used for the purposes of housing locomotives or vehicles where only cleaning, washing, running repairs or minor adjustments are carried out; or  any premises where five or less persons carry on any work in which machinery is not used notwithstanding that the premises , by virtue of the work, would constitute a factory within the meaning of this section.  Part I: Preliminary Interpretation of Machinery Includes: - steam boilers, unfired pressure vessels, prime movers, gas cylinders, gas holders, hoisting machines and tackle, transmission machinery, driven machinery, and any equipment for the casting, welding or electro-deposition of metals and for the spraying by means of compressed gas or air of metals or other materials. Does not include: any machinery used for the propulsion of vehicles other than steam boilers or steam engines; any machinery driven by manual power other than hoisting machines; any machinery used solely for private and domestic purposes; or office machines;  Part I: Preliminary Among the general interpretations stipulated are: (a) Bodily Injury (b) Building operations (c) Certificate of Competency (d) Certificate of Fitness (e) Chief Inspector, Deputy Chief Inspector (f) Guard (g) Machinery Please refer to FMA 1967 for actual interpretation  Part II – Safety, Health & Welfare There are sixteen(16) provisions in this part: (a) Provisions relating to safety, etc; (b) Persons exposed to explosive, inflammable substances, etc; (c) Lifting of weights; (d) Provisions against fire; (e) Construction of machinery; (f) Dangerous parts of machinery; (g) Projecting material; (h) Machinery for hire or sale must comply with Regulations.  Part II – Safety, Health & Welfare (Cont) (i) Machinery manufactured or repaired must comply with Regulations; (j) Certificate of Fitness; (k) Duties of persons employed; (l) Duties of occupier; (m)Provisions relating to health; (n) Exposure to elements; (o) Personal protective clothing and appliances; (p) Provisions relating to welfare.  Provisions Relating to Safety, etc Explanations for items (a); Stipulates provisions on workplaces such as the conditions of floors, roofs, ladders, storage of substances, ventilation, sufficient lighting as well as provision of equipments for fire prevention and their effective maintenance. Structure of the factory building shall be of sufficient strength and safe: foundations and floors platforms roofs passages ladders Storing and staking goods Fire prevention  Provisions Relating to Safety, etc Machinery All machinery and every part thereof including all tittings and attachments shall be of sound construction and sound material free from defect and suitable for the purpose and shall be properly maintained. Dangerous part of any machinery be secured by means of a fixed guard.  Provisions Relating to Safety, etc Certificate of Fitness Machinery which require Certificate of Fitness: Steam Boiler Unfired Pressure Vessel Hoisting Machinery Validity 15 months  Provisions Relating to Health Explanations for items (m); (a) Stipulates the provisions pertaining to factory hygiene, working space for workers, adequate ventilation and lighting, comfortable temperature levels and sufficient and suitable sanitary conveniences. (b) It also stipulates for: (i) Methods of enforcement by the Chief Inspector and Inspector; (ii) Power of the Minister to formulate Regulations as deemed necessary.  Provisions Relating to Health Housekeeping and cleanliness Sufficient space for the workers Circulation of fresh air in every part of a factory Sufficient and suitable lighting Reasonable temperature Sufficient and suitable sanitary conveniences Personal protective clothing and appliances  Provisions Relating to Welfare Explanations for items (p); (a) Stipulates the provisions such as adequate and suitable facilities for storage of clothing, drying of clothing, supply of clean drinking water, washing facilities and first-aid box; (b) The provision also stipulates the power of the Minister to make regulations as deemed necessary.  Provisions Relating to Welfare Adequate and suitable accommodation for clothing not worn during working hours Adequate supply of safe and wholesome drinking water First- Aid facilities: First-aid box First-aid room (> 150 workers)  Part II – Safety, Health & 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)  Part II – Safety, Health & Welfare(Cont.) Key points: 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 III – Persons in Charge & Certificates of Competency This Part consists of five(5) provisions namely: (a) Training and supervision of inexperienced workers; (b) Chief Inspector may make orders in circumstances; (c) Young Persons under the age of 16 must not operate machinery; (d) Certain machinery not to be operated without certificated staff; (e) Panel of Examiners and Board of Appeal.  Part III – Persons in Charge & Certificates of Competency Key points: Machinery operators must be adequately trained or under the supervision of a trained person (Section 26); Training and Supervision of Inexperienced Workers Workers to received sufficient instruction in work at the machine or process; or Is under adequate supervision by a person who has knowledge and experience of the machine or process No young person (< 16 years) shall carry out work involving the management of, or attendance on, or proximity to, any machinery (Section 28).  Part IV – Notification of Accidents, Dangerous Occurrence & Dangerous Diseases 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). Inspectors may investigate accidents and dangerous occurrence and hold enquiries into more serious cases (Section 33).  Part IV – Notification of Accidents, Dangerous Occurrence & Dangerous Diseases This Part consists of three(3) provisions as follows: (a) Accidents and dangerous occurrences to be reported; (b) Notification of industrial diseases; (c) Investigation and enquiries.  Part V – Notice of Occupation of Factory, & Registration & Use of Machinery This Part consists of thirteen(13) provisions: (a) Operation of factory; (b) Building operations or works of engineering construction; (c) Installation of machinery, etc; (d) Application for registration; (e) Register; (f) Moving or alteration of or addition to machinery to be approved; (g) Periodical inspections; (h) Questions for decision by an Inspector and appeals from such decision; (i) Report of changes, etc; (j) Machinery or factory no longer in use; (k) Notice for sale, hire or transfer; (l) Copy of report of enquiry may be supplied; (m) Power of the Chief Inspector and Senior Inspector at enquiries.  Part V – Notice of Occupation of Factory, & Registration & Use of Machinery (Cont.) Notify DOSH within 3 months of the intended start date (Section 34) Building operations must be notified if last more than 6 weeks (Section 35) Changes to the use of factory or machinery must be notified to DOSH 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 VI - General It consists of fourteen(14) provisions namely: (a) Criminal or civil liability unaffected; (b) Fees; (c) Chief Inspector’s powers; (d) Offences; (e) Penalties; (f) Prosecutions; (g) Power to compound (h) Power to modify agreements; (i) Power to apportion expenses; (j) Exemptions; (k) Regulations; (l) Medical supervision; (m) Repeal; (n) Amendment of Schedule.  Part VI – General (Cont.) General penalty RM2,000.00 Certain sections is RM5,000.00 (Section 51) Or imprisonment not exceeding 2 years Or both  Conclusion FMA 1967 is an Act that provides the controls on a factory in order to ensure safety, health and welfare of the workers and to regulate the registration and inspection of machinery and matters pertaining to it. The Act consist of six main parts that stipulate general provisions on the scope of application, interpretation of the Act, administration of the factories and handling of machinery, duties of occupier and workers, powers of the Minister, Chief Inspector and High Court and penalties of offences. Topic 3: Safety Regulations Under Factories and Machinery Act 1967 Ts. Abd Karim Sahari  Objectives of the topic (a) State the purposes of Safety Regulations under FMA 1967. (b) List 5 strategies employed in the Safety Regulations under FMA 1967. (c) Explain the 7 Safety Regulations under FMA 1967.  Scope  Purposes  Strategies  Regulations  Conclusions  Purpose Prevention from any occurrence of accidents due to use and handling of machines in factories. Provide standard minimum requirements for the protection of worker safety.  Objectives The objectives of stipulating Safety Regulations under the FMA 1967 are to: (a) prevent accidents due to the use and handling of machinery in factories; (b) set minimum standards to protect the employees while at work. Important Aspects (a) Competent persons; (b) Maintenance, inspection and testing of machinery; (c) Approval for hazardous machinery (certified); (d) Approval for machinery installations.  Strategies of Safety Regulations Among the strategies employed in Safety Regulations in the protection of employees are: (a) Setting of standards for use and handling of hazardous / high risk machinery; (b) Identifying and assessing the level of risk / danger of handling the machinery and its environment; (c) Reducing exposure by: (i) Engineering controls; (ii) Administrative procedures; (iii) Provision of Personal Protective Equipment; (d) Establishing standards for persons handling dangerous / hazardous machinery; (e) Creating awareness among the employees through provision of training and information.  Safety Regulations Important Aspects Competent persons Maintenance, inspection and testing of machinery and installations Approval for hazardous machinery (certificated) Approval for machinery installations  Safety Regulations Under FMA 1967 There are seven (7) Safety Regulations under FMA 1967: (a) F&M (Steam Boiler and Unfired Pressure Vessel) Reg. 1970; (b) F&M (Person-In-Charge) Reg. 1970; (c) F&M (Electric Passenger and Goods Lift) Reg. 1970; (d) F&M (Fencing of Machinery and Safety) Reg. 1970; (e) F&M (Safety, Health and Welfare) Reg. 1970; (f) F&M (Notification, Certificate of Fitness and Inspection) Reg. 1970; (g) F&M (Building Operations and Works of Engineering Construction)(Safety) Reg. 1989.  F&M (Steam Boiler & Unfired Pressure Vessel) Reg. 1970 The main provisions under Regulations cover: (a) Manufacture of boilers and pressure vessels; (b) Imported steam boilers and pressure vessels; (c) Steam boilers; (d) Pressure vessels; (e) Miscellaneous. There are four(4) Schedules under this Regulations: (a) First Schedule: Material Code; (b) Second Schedule: Design Codes; (c) Third Schedule: Design Codes; (d) Fourth Schedule: Inspecting Authorities.  Manufacture of Boilers & Pressure Vessels (a) Prohibition of manufacturing without the permission of the Chief Inspector; (b) Procedure of application to manufacture: (i) Three copies of the design; (ii) Drawing; (iii) Particulars of the code, rules or specifications of the design; (iv) Fees for approval of design.  Imported Steam Boilers & Pressure Vessels Approval procedures for imported steam boilers and pressure vessels: (a) Certificate from the manufacturer; (b) Three copies of design drawing; (c) Particulars of the design, rules or specifications of the design; (d) Details of the heating surface of the steam boilers.  Steam Boilers Among the provisions stipulated are: (a) Essential fitting such as safety valves, water pump etc; (b) Boiler houses; (c) Burning system and equipment; (d) Steam tests; (e) Registration.  Unfired Pressure Vessels Among the provisions stipulated are: (a) Essential fitting such as safety valves, pressure gauge, manufacturer’s name plate; (b) Location of safety valves; (c) Installation; (d) Supports; (e) Cubic Capacity.  Miscellaneous Among the provisions stipulated are: (a) Pipe connection and installation; (b) Hydrostatic tests; (c) Maintenance; (d) Notifiable occurrence such as the bursting of tube; (e) Repairs; (f) Registration number plate; (g) Records; (h) Fees for approval of design and hydrostatic tests.  F&M (Person-In-Charge) Reg. 1970 These Regulations consists of two(2) parts: Part I: Machinery Requiring Certified Person-In-Charge (a) Steam Boilers; (b) Steam Engines; (c) Internal combustion engines; (d) Dredge; Certificate of Competency (a) Visiting Engineer duties (Reg. 5) (b) Assessment of drivers of Steam boilers/Steam Engine – number and grade (Reg. 13)  F&M (Person-In-Charge) Reg. 1970 Part II: Training of Operators of Machinery (Reg. 20) Training should be provided for any operator of machinery as listed under the schedule (Please refer to the Regulation). Exemptions: (a) Electrode boiler; (b) Steam tube oven; (c) Steam tube hotplate; (d) Autoclave; (e) Any steam boiler in which the steam generated is retained inside the boiler.  F&M (Electric Passenger & Goods Lift) Reg. 1970 Application (Reg. 3) Shall apply to all electric passenger and goods lifts except those to be exempted by the Chief Inspector for specific reasons. Among the main provisions stipulated under these Regulations are: (a) Approval of installation of lift (Reg. 6); (b) Design, construction, installation and testing; (c) Maintenance (Part III); (d) Duties of the Owner (Reg. 31); (e) Miscellaneous (Part IV).  F&M (Electric Passenger & Goods Lift) Reg. 1970 Part III: Maintenance Duties of the Owner (Reg. 31) The owner shall: (a) Enter into agreement with an approved maintenance firm; (b) Inform the Inspector of the agreement; (c) Provide and maintain a record for every lift (Schedule 2) (d) Ensure duties of the competent person (Reg. 31(5)); (e) Have the duty to maintain; (f) Examine the lift at least once in 3 months.  F&M (Electric Passenger & Goods Lift) Reg. 1970 Part IV: Miscellaneous (a) Notice (Reg. 32) Shall display the certificate of registration in the lift car or adjacent to the bottom terminal landing. (b) Attendants (Reg. 33) An Inspector may direct the attendant to cease work when he appears to be incompetent. (c) Penalty (Reg. 34) Any person contravening these Regulations may be fined not exceeding RM1,000.  F&M (Fencing of Machinery & Safety) Reg. 1970 These Regulations stipulate provisions pertaining to: (a) Fencing dangerous parts of machinery; (b) Construction and maintenance of fencing; (c) Categories and types of machinery required to be fenced; (d) Transmission Machinery and Driven Machinery.  F&M (Safety, Health & Welfare) Reg. 1970 These Regulations stipulates the provisions pertaining to safety, health and welfare such as: (a) Factory not to be used as family dwelling (Reg. 3); (b) Underground room not to be used for a factory (Reg. 4); (c) Floors shall be maintained in a level good and non slippery (Reg. 6); (d) Openings such as hatchways, chutes, pits and trapdoors are to be fenced; (e) Workers working at heights more than 10 feet must be provided with safety belts (Reg. 12); (f) Provisions for work in confined spaces (Reg. 13).  F&M (Notification, Certificate of Fitness & Inspection) Reg. 1970 These Regulations consist of four(4) Parts stipulating the following provisions: Part I: Notification of factory operations, use of machinery, accidents and industrial diseases. Part II: Machinery requiring certificate of fitness (Reg.10) The owner of machinery shall hold a valid certificate of fitness for any: (a) Steam boiler; (b) Unfired pressure vessel; (c) Hoisting machine.  F&M (Notification, Certificate of Fitness & Inspection) Reg. 1970 Part III: Inspection of Factory and Machinery. Types of inspections are: (a) Initial Inspection (Reg. 13); (b) Regular Inspection (Reg. 14); (c) Special Inspection (Reg. 20); (d) Supplementary Inspection (Reg. 19); (e) Further Inspection (Reg. 21); (f) Preparation for Regular Inspection (Reg. 17).  F&M (Notification, Certificate of Fitness & Inspection) Reg. 1970 Part IV: Inspection Fees Fees shall be charged for any inspection of factory, machinery, steam boiler, unfired pressure vessel and hoisting machine (Reg. 33, 34, 35, 38).  F&M (Building Operations & Works of Engineering Construction) Reg. 1989 These Regulations stipulates various provisions and measures that are required to be adhered to when operating and performing works of engineering construction.  Conclusion To Safety Regulations under FMA 1970 were enacted for the purpose of: (a) Preventing accidents due to the use and handling of machinery at the factory; (b) Establishing a minimum standard to protect workers. Topic 4: Health Regulations Under the Factories and Machinery Act 1967 Ts. Abd Karim Sahari  Objectives of the topic (a) State the Objectives of Health Regulations under FMA 1967. (b) List 5 Strategies of Health Regulations under FMA 1967. (c) Explain 4 Health Regulations under FMA 1967.  Scope  Objectives  Strategies  Health Regulations  Important Aspects  Main Provisions  Conclusion  Introduction There are four Regulations specifically related to health under FMA 1967: (a) F&M (Lead) Reg. 1984; (b) F&M (Asbestos Process) Reg. 1986; (c) F&M (Mineral Dust) Reg. 1989; (d) F&M (Noise Exposure) Reg. 1989.  Objectives The objectives of these Regulations are: (a) To prevent any disease due to the excessive use and exposure to specific substances (lead, asbestos, mineral dust and noise); (b) To establish a minimum standard to protect employees from exposure. Important Aspects of the Regulations: (a) Competent person; (b) Maintenance, inspection and testing of controlling devices; (c) Approval of monitoring and testing devices; (d) Approval of Personal Protective Equipment.  Strategies of Health Regulations Among the strategies and methods provided for in the Regulations to protect the employees health are: (a) Setting of exposure limits; (b) Identifying and evaluating the degree of exposure; (c) Reducing exposure through: (i) Engineering controls; (ii) Administrative procedures; (iii) Personal protective equipment. (d) Detecting diseases through early medical surveillance; (e) Creating awareness among the workers through training and information.  Main Health Provisions The Main Provisions stipulated under all four(4) Regulations are as follows: (a) Preliminary – Interpretation and application; (b) Permissible Exposure Limit; (c) Exposure Monitoring; (d) Method of Compliance; (e) Respiratory Protection; (f) Protective Work Clothing and Equipment; (g) Housekeeping; (h) Hygiene Facilities and Practices; (i) Medical Surveillance; (j) Medical Removal Protection; (k) Employee Information and Training; (l) Warning Signage; (m) Miscellaneous.  Health Regulations Important Aspects Competent persons Maintenance, inspection, and testing of control equipment Approvals for monitoring and testing equipment Approvals for Personal Protective Equipment  F&M (Asbestos Process) Reg. 1986 These Regulations shall apply to all factories in which there is an asbestos process but shall not apply to any building operations or works of engineering construction. Permissible Exposure Limit(PEL) = 1 fibre/ml air average 8 hours  F&M (Lead) Reg. 1984 These Regulations shall apply to all factories in which there any lead process is used and shall not apply to any building operations or works of engineering construction.  F&M (Mineral Dust) Reg. 1989 These Regulations shall apply to all factories in which any mineral process is used. Note: Sand blasting process shall not be used in any factory, except with the prior written approval of the Chief Inspector. Please refer to Appendix 2 for the list of Mineral Dusts  F&M (Noise Exposure) Reg. 1989 These Regulations shall apply to all factories in which employees are exposed to excessive noise levels in the workplace. Please refer to Appendix 3 for details on the enactment of Noise Exposure Regulations  Exposure Monitoring Exposure monitoring that is required to be conducted under all four Regulations are as follows: (a) Initial Employee Exposure Monitoring (i) Sampling of employees suspected of high exposure; (ii) The exposure monitoring will be conducted if the initial employee exposure monitoring is above the actual level. The frequency depends on the level of exposure which is: 1. Every 6 months; 2. Every 3 months; 3. Once only. (b) Additional monitoring is required in case of changes in: (i) Production; (ii) Processes; (iii) Control measures; or (iv) Personnel.  Methods of Compliance Methods of Compliance stipulated under the Health Regulations to reduce and control exposure below the Permissible Exposure Limits are as follows: (a) Engineering Controls; (b) Control of Work Practices Including Administrative Controls; (c) Provision of Respiratory / Ear Protection; (d) Personal Protective Equipment; (e) Employer should provide facilities for cleaning, laundry and disposal of protective clothing and equipment.  Hygiene Facilities & Practices (a) Housekeeping Under the Mineral Dust Regulations, occupiers are required to: (i) Maintain and clean the floors from the accumulation of mineral dust; (ii) Ensure that cleaning is done by vacuums; (iii) Ensure that cleaning is not be done by the use of compressed air (Lead, Mineral Dust).  Hygiene Facilities & Practices (Cont) (b) Changing Rooms, Lockers and Showers The Lead Regulations, Asbestos Processes Regulations and Mineral Dust Regulations require: (i) Separate storage(lockers) for clothing – work and daily clothes; (ii) Changing rooms (Asbestos Process, Lead); (iii) Showers (Asbestos Process, Lead); (iv) Meals rooms and facilities to be separated from the workplace.  Medical Surveillance (a) F&M (Lead) Regulations 1984; (b) F&M (Asbestos Process) Regulations 1986; (c) F&M (Mineral Dust) Regulations 1989; (d) F&M (Noise Exposure) Regulations 1989.  Medical Removal Protection (a) F&M (Lead) Reg. 1984 An employee should be removed from work area if blood lead level is higher than as specified in the Regulations. (b) F&M (Asbestos Process) Reg. 1986 An employee should be removed from his work if based on the medical results or opinion that there are traces or symptoms of an early stage of asbestos induced disease.  Employee Information & Training In general, all the four Regulations require for training programmes for employees exposed above the action level. Training contents shall include: (a) The provisions in the Regulations and employees right; (b) The nature of the operation which can result in high concentration of contaminants and exposure; (c) The purpose, proper selection, fitting, use and limitations of respiratory/hearing protection; (d) The purpose and a description of the medical surveillance programme including information concerning the adverse effects.  Warning Signages Warning signages should be displayed at every work area where employees are exposed to hazardous substances / excessive noise.  Recordkeeping Among the records that should be kept with specific retention time are as follows: (a) Monitoring records: (i) For employee’s period of employment (Asbestos Process, Mineral Dust, Noise Exposure); (ii) Blood lead test records – two(2) years. (b) Medical surveillance records: (i) For the employee’s period of employment(Lead, Asbestos Process); (ii) Audiometric test records – 5 years; (iii) Mineral dust records – 25 years; (c) Medical removal records: (i) For the employee’s period of employment(Lead).  Miscellaneous Any person who contravenes any provision of these Regulations shall be guilty of an offence and shall be fined: (a) RM1,000 (Noise Exposure, Mineral Dust); (b) RM2,000 (Lead Regulations, Asbestos Process).  Conclusion Four Health Regulations under FMA 1967 were enacted to set the minimum standards in order to ensure protection of employees from excessive exposure to hazardous chemicals at the workplace. Among the methods and strategies employed are to establish exposure limits, conduct exposure monitoring, implementing control measures, provide for medical surveillance, information and training for the employees. Topic 5: Occupational Safety and Health Act 1994 Ts. Abd Karim Sahari  Learning Expections 1. Interpret “employer”, “employee”, “industry”, “place of work”, “plant”, “premises”, “practicable” 2. Discuss the framework of OSHA 1994 3. Discuss Regulations under OSHA 1994. 4. Interpret “authorised manager”, “near-miss accident” and “safety audits” 5. Discuss the concept of Safety and Health Committee Regulations 6. Associate the functions of safety and health committee in business perspective. 7. Interpret “continuous education programme”, “lost-time injury” and “no lost-time injury” 8. Discuss the concept of Safety and Health Officer Regulations 1997 9. Associate the functions of safety and health officer in business perspective.  Occupational Safety and Health Act 1994 An Act to make further provisions for securing the safety, health and welfare of persons at work, for protecting others against risks to safety or health in connection with the activities of persons at work, to establish the National Council for Occupational Safety and Health, and for matters connected therewith. (25th February 1994)  Objectives of the topic (a) List the 15 parts of OSHA 1994; (b) State the main objects of OSHA 1994; (c) State the philosophy and principles of OSHA 1994; (d) Explain at least 5 main provisions under OSHA 1994.  The Aim of this Act The aims of this Act are 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; protect person 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; promote an occupational environment for persons at work which is adapted to their physiological and psychological needs; provide the means whereby the associated OSH legislation 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.  Scope Shall apply throughout Malaysia to industries specified in the First Schedule. ♦ Manufacturing, Mining, Quarrying, Construction; ♦ Agriculture, Forestry, Fishing; ♦ Electricity, Gas, Water, Communication, Sanitary; ♦ Transport, Storage, Wholesale, Retail, Hotels, Restaurants; ♦ Finance, Insurance, Real Estate, Business; ♦ Public Services and Statutory Authorities. Exceptions: ♦ On board Ships (Maritime Shipping Ordinance); ♦ Armed Forces – Army, Navy, Air Force.  Prevailing Laws Section 2 If there is any conflict or inconsistency between the provisions of this Act and its regulations and any other written law pertaining to OSH, the provisions of this Act and its regulations shall prevail.  Background of Act OSHA was enacted on 25th February 1994 by DYMM SPYDP Agong with the advice and consent of Dewan Negara & Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: (a) To secure the safety, health and welfare of persons at work; (b) To protect others against risk to safety and health in connection with the activities of persons at work; (c) To establish the National Council for Safety and Health; (d) Other related matters.  Importance of Act The Act is necessary to overcome the limitations of the Factories and Machinery Act 1967 in the following aspects: (a) Scope of Application; (b) Prescription Provisions; (c) Approach.  Interpretation(Section 3) Employer means the immediate employer or principal employer or both. Employee means a person who is employed for wages under a contract of service on or in connection with the work of an industry of which this Act applies. Industry means the public services, statutory authorities or any of the economic activities listed in the First Schedule. Place of Work means premises where persons work or premises used for the storage of plant or substance. Plant includes any machinery, equipment, appliance, implement or tool, any component thereof and anything fitted, connected.  Interpretation Premises include any: land, building or part of any building; vehicle, vessel or aircraft; installation on land, offshore installation or other installation whether on bed of or floating on any water; and tent or movable structure. Practicable means the: severity of the hazard or risk in question; state of knowledge about the hazard or risk and any way of removing or mitigating the hazard or risk; availability and suitability of ways to remove or mitigate the hazard or risk; and cost of removing or mitigating the hazard or risk.  Philosophy & Principles “The Primary Responsibility for ensuring safety and health at the workplace lies with: ▪ Those who create the risks and ▪ Those who work with the risks”. - Lord A. Robens This philosophy advocates three(3) main principles: (a) Self Regulation; (b) Consultation; (c) Worker Cooperation and Participation.  Philosophy & Principles (a)Self Regulation To handle issues relating to OSH, employers must develop a good and orderly management system. Starting with formation of a safety and health policy and consequently employers have to make the proper arrangements to be carried out. (b)Consultation - tri partite Where employers, employees and the government must negotiate to settle issues and problems relating to OSH at the workplace.  Philosophy & Principles (c) Worker Cooperation and Participation Where employers and employees must co-operate to take care, nurture and to increase the quality of OSH at the workplace. Without co-operation between employers and employees, none of the OSH programmes carried out would succeed.  Salient Provisions The OSHA 1994 consists of fifteen parts: (a) Preliminary; (b) Appointment of Officers; (c) National Council for OSH; (d) General Duties of Employers and self-Employed Persons; (e) General Duties of Designers, Manufacturers and Suppliers; (f) General Duties of Employees; (g) Safety and Health Organisations;  Salient Provisions (Cont.) (h) Notification of Accidents, Dangerous Occurrence, Occupational Poisoning and Occupational Diseases, and Inquiry; (i) Prohibition against Use of Plants or Substance; (j) Industry Codes of Practice; (k) Enforcement and Investigation; (l) Liability for Offences; (m)Appeals; (n) Regulations; (o) Miscellaneous. Please refer to the Act for details of each provision  Part I – Preliminary (Section 4) The Part of Act also outlines its objectives as follows: (a) To ensure the safety, health and welfare of persons at work; (b) To protect person at a place of work other than persons at work; (c) To promote an occupational environment for persons at work which is adapted to their physiological and psychological needs; (d) To provide the means towards a system of regulations and approved industry codes of practice.  Part II – Appointment of Officers Appointment of Officers (Section 5) The provisions for Minister to appoint a public officer for the purpose of exercising power, performing the functions and discharging the duties assigned to him under this Act. Appointment of independent inspecting body(Section 6) DG of DOSH may appoint a person or an independent inspecting body as he deems fit to advise or assist him in carrying out the objects and purposes of this Act.  Part III – National Council for OSH Establishment, membership, power and function of Council(Sect 8, 9 & 11) The provisions for establishment, membership, power and function and appointment of secretary to National Council for OSH. Among the provisions are: (a) The Council shall consist of not less than twelve and not more than fifteen members of whom: (i) Three persons shall be from organisations representing employers; (ii) Three persons shall be from organisations representing employees; (iii) Three or more persons shall be from Ministries or Departments whose responsibilities are related to OSH; (iv) Three or more persons, of whom at least one shall be a woman, shall be from organisations or professional bodies with activities related to OSH.  Part III – National Council for OSH Section 9 Membership of the Council (bet. 12 – 15 members) Chairman – Deputy Minister of Human Resources Secretary – Department of OSH Other members: Organisations representing employers(MEF, MAPA) Organisations representing employees(CUEPACS, MTUC) Ministries or Departments whose responsibility is related to OSH NGO (MSOSH, Universities and MMA)  Part III – National Council for OSH Functions Carry out investigations and make reports and recommendations on: Changes related to OSH legislation; Improvement of the administration and enforcement of OSH legislation; Fostering co-operative consultative relationship between management and labor on safety, health and welfare; Special problems with respect to safety, health and welfare of women, handicapped persons and other groups in the community;  Part III – National Council for OSH Functions (Cont.) Establishment of adequate methods of control of industrial chemicals; Statistical analysis of occupationally related deaths and injuries; Provision of health care facilities; Fostering of the development and adoption by law of ICOP related to safety, health and welfare; Development of rehabilitation plans and facilities to assist persons injured at workplace.  Part IV – General Duties of Employers & Self-Employed Persons General Duties of Employers and Self-Employed Persons (Section 15) (1) It shall be the duty of every employer and every self- employed person to ensure, so far as is practicable, the safety, health and welfare at work of all his employees. (2)(a) the provision and maintenance of plant and systems of work that are, so far as is practicable, safe and without risks to health; (b) the making of arrangements for ensuring, so far as is practicable, safety and absence of risks to health in connection with the use or operation, handling, storage and transport of plant and substances;  Part IV – General Duties of Employers & Self-Employed Persons(Cont.) (c) the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is practicable, the safety and health at work of his employees; (d)so far as is practicable, as regards the place of work under the control of the employer or self-employed person, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of the means of access to and egress from it that are safe and without such risks; (e)the provision and maintenance of a working environment for his employees that is, so far as is practicable, safe, without risks to health, and adequate as regards facilities for their welfare at work.  Part IV – General Duties of Employers & Self-Employed Persons Duty of formulate safety and health policy(Section 16) Except in such cases as may be prescribed, it shall be the duty of every employer and every self-employed person to prepare and as often as may be appropriate revise a written statement of his general policy with respect to the safety and health at work of his employees and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of all of his employees.  Part IV – General Duties of Employers & Self-Employed Persons General duties of employers and self-employed persons to persons other than their employees (Section 17). (1) It shall be the duty of every employer and self- employed person to conduct his undertaking in such a manner as to ensure, so far as is practicable, that he and other persons, not being his employees, who may be affected thereby are not thereby exposed to risks to their safety or health.  Explanation of Part IV – Section 15 General Duties of Employers To Workers So far as is practicable, employers must: provide and maintain plant and establish a safe work system; make arrangements for the safe use, operation, handling, storage and transportation of substances and plant; analyse risk at place of work; provide instructions, training and relevant information to workers; provide and maintain a safe access and exit route from work area; provide a safe work environment that is safe and without health risk and adequate welfare facilities.  General Duties of Employers Criteria for “so far as is practicable” with to: The severity of the hazard or risk in question; State of knowledge of hazard or risk, and ways of removing or mitigating the hazard or risk; The availability and suitability of ways to remove or mitigate the hazard or risk; Cost of removing or mitigating the hazard or risk.  Part V – General Duties of Designers, Manufacturers & Suppliers General duties of manufacturers, etc. as regards plant for use at work (Section 20) (1)It shall be the duty of a person who designs, manufactures, imports or supplies any plant for use at work (a)to ensure, so far as is practicable, that the plant is so designed and constructed as to be safe and without risks to health when properly used; (b)to carry out or arrange for the carrying out of such testing and examination as may be necessary for the performance of the duty imposed on him by paragraph (a); and  Part V – General Duties of Designers, Manufacturers & Suppliers(Cont.) (c)to take such steps as are necessary to secure that there will be available in connection with the use of the plant at work adequate information about the use for which it is designed and has been tested, and about any condition necessary to ensure that, when put to that use, it will be safe and without risks to health. (2)It shall be the duty of a person who undertakes the design or manufacture of any plant for use at work to carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is practicable, the elimination or minimisation of any risk to safety or health to which the design or plant may give rise. Explanation of Part V – Section 20 General Duties of Designers, Manufacturers & Suppliers The plant should be safe and without risk; The plant should be tested and examined to ensure its safety; Adequate information should be provided on the safe operation of the plant; Research should be carried out to discover and eliminate or minimise any risk to safety;  Part V – General Duties of Designers, Manufacturers & Suppliers General Duties of Manufacturers, etc as regards plant and/or substance for use at work (Section 20 & 21) (a) The plant is designed and constructed to be safe and without risk to health when properly used; (b)Conduct and arrange such testing and examination necessary for the performance of the duty imposed; (c) Take such steps necessary to disseminate information about the use of the plant / substances; (d) Conduct research with objective to find means of eliminating / minimising hazards; (e) Construction and installation of a plant safely.  Part VI – General Duties of Employees General duties of employees at work (Section 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 may be affected by his acts or omissions at work; (b)to co-operate with his employer or any other person in the discharge of any duty or requirement imposed on the employer or that other person by this Act or any regulation made thereunder; (c) to wear or use at all times any protective equipment or clothing provided by the employer for the purpose of preventing risks to his safety and health; and (d)to comply with any instruction or measure on occupational safety and health instituted by his employer or any other person by or under this Act or any regulation made thereunder.  Explanation of Part VI – Section 24 General Duties of Employees Pay attention to own and others’ safety; Cooperate with employer in regard to safety in accordance with Act Wear PPE provided by employer; Obey any procedures instituted by employer concerning safety;  Part VI – General Duties of Employees Section 25: An employee: May not intentionally, recklessly or negligently interfere or misuse anything provided or done in the interests of safety, health and welfare in pursuance of the Act. Section 26: The employer may not charge employees for things done or provided. Section 27: Employer / trade union may not discriminate - dismiss, injure or change position of any employee  Part VII – Safety & Health Organisations Medical Surveillance (Section 28) Under this provision, the Minister shall make regulations as necessary for any: (a) Cases of illness; (b) Changes in any process or in the substances used; (c) Employment of persons below age 16 years old; (d) Work exposure with specific risk to health of persons employed.  Part VII – Safety & Health Organisations Safety and Health Officer (Section 29). Under this provision, an occupier of a place of work to which this section applies shall employ a competent SHO. This section also stipulates the following: (a) Gazetting of specific industries; (b) Ensuring the due observance of the provision of the Act and the promotion of safe work conducts; (c) Gazetting of qualifications and training requirements; (d) Penalties for offences.  Part VII – Safety & Health Organisations Establishment of Safety and Health Committee at place of work(Sect. 30). (1)Every employer shall establish a safety and health committee at the place of work in accordance with this section if: (a) there are forty or more persons employed at the place of work; (b) ordered by Director-General. It also stipulates the provisions for: (a) The membership, appointment or election of the committee as prescribed; (b) The requirement for employer to consult the SHC to ensure the safety and health of the workers; (c) Penalties for offences.  Explanation of Part VII – Safety & Health Organisations Safety and Health Officer(Section 29) Management to employ competent person as Safety and Health Officer Employed solely for the purpose Safety and Health Committee(Section 30) To be established if more than 40 persons at place of work Management to consult committee for safety arrangements  Part VIII – Notification of Accidents, Dangerous Occurrence, Occupational Poisoning & Occupational Disease, & Inquiry Notification of Accidents, Dangerous Occurrence, Occupational Poisoning & Occupational Disease, & Inquiry (Section 32) (1) The provisions pertaining to the notification of accidents, dangerous occurrences, occupational poisoning and occupational diseases to the nearest DOSH Office. (2) Registered medical practitioners are also required to report to the DG any diseases listed under the Third Schedule of the FMA 1967.  Part IX – Prohibition against Use of Plant or Substance Power to prohibit the use of plant or substance (Section 35) (1) The provision of the power of DG to prohibit the use of any plant or substance which in his opinion is likely to affect the safety and health of persons at work. (2) Where the DG proposes to exercise his power, he shall consult any Government department or other body which appears to him to be appropriate.  Part IX – Prohibition against Use of Plant or Substance Aggrieved person may appeal (Section 36) A person who is aggrieved by this order 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.  Part X – Industrial Codes of Practice Approval of industry codes of practice (Section 37) The provisions for industrial code of practice as follows: (1) Approval of industry codes of practice by the Minister; (2) The Ministers’ power to revise, amend, deleting, varying or adding to the provision of the industry code of practice; (3) An industry code of practice may consist of any code, standard, rule, specification or provision relating to OSH; (4) The approved industry code shall be admissible in evidence in the proceedings in the court of law. Please refer to the Code of Practice for details  Part X – Industrial Codes of Practice(ICOP) Approval of industry codes of practice (Section 37) ICOP may use in proceedings ICOP may: Consist of any code, standard, rule, specification or provision relating to OSH approved by the Minister; or Apply, incorporate or refer to any document formulated or published by any body or authority as in force at the time the ICOP is approved or as amended, formulated or published from time to time. ICOP for Safe Working in a Confined Space 2010 ICOP on Indoor Air Quality 2011 Please refer to the Code of Practice for details  Part XI – Enforcement & Investigation Section 39: The provisions for enforcement and investigation by an SHO as follows: (a) Power of entry, inspection, examination, seizure, etc (Section 39) (b) Entry into premises with search warrant and power of seizure (Section 40) (c) Entry into premises without search warrant and power of seizure (Section 41) (d) Power of forceful entry and service on occupier of signed copy of list of things seized from premises (Section 42) (e) Further provisions in relation to inspection (Section 43) (f) Power of investigation (Section 44) (f) Improvement and prohibitions notices (Section 48).  Part XII – Liability for Offences The provisions for liability for offenses. Among them are: (a) general penalty (Section 51) (b) offenses committed by body corporate (Section 52) (c) offenses committed by trade union (Section 53) (d) offenses committed by agent (Section 54) (e) defense (Section 55) (f) onus of proving limits of what is practicable (Section 60) (g) prosecutions (Section 61) and (h) compounding of offences (Section 62)  Penalties Offence § Penalties Failure to comply with Notice 48 RM50,000 or 5 years or both Duty of Employers 15 RM50,000 or 2 years or both Formulate OSH Policy 16 RM50,000 or 2 years or both Duty of Employees 24 RM1,000 or 3 months or both Interfere or misuse Safety 25 RM 20,000 or 2 years or both Duty not to charge employees for 26 RM10,000 or 1 year or both things done or provided Discrimination against Employee 27 RM10,000 or 1 year or both Medical Surveillance 28 RM 5,000 or 6 months or both To Employ SHO 29 RM5,000 or 6 months or both To form Safety Committee 30 RM 5,000 or 6 months or both  Part XIII – Appeals Section 63: The provisions pertaining to the administration and handling of appeal cases: (a) Appointment of Appeal Committee by Minister; (b) Chairman is appointed among the council members; (c) Two other experienced persons; (d) Power of the Appeal Committee to approve, cancel or amend order by the DG under Sub-section 50(1), or any notice of improvement or prohibition issued by DG under Section 48; (e) Judgment by Appeal Committee is final and conclusive and cannot be challenged in any court of law.  Part XIV – Regulations Section 66: The provisions pertaining to Regulations made by the Minister to exercise the purpose of Act. Among the scope of these Regulations include: (a) Regulate or prohibit: - Manufacture, supply and use of any plant; - Conducting of any process or work operations. (b) Prescribe requirements with regards to the examination, testing, analysis, labeling or making or any substance; (c) Ensure adequate welfare facilities.  Part XIV – Regulations The Regulations made under this provision (Section 66) are: (a) OSH(Employers’ Safety & Health General Policy Statements) (Exception) Reg. 1995; (b) OSH(Control of Industrial Major Accident Hazards) Reg.1996 (c) OSH(Safety & Health Committee) Reg. 1996. (d) OSH(Classification, Packaging and Labeling of Hazardous Chemicals) Reg. 1997; (e) OSH(Safety & Health Officer) Reg. 1997; (f) OSH(Use and Standards of Exposure of Chemicals Hazardous to Health) Reg. 2000; (g) OSH(Notification of Accident, Dangerous Occurrence and Occupational Poisoning) Reg. 2004.  Part XV – Miscellaneous Section 69: The provisions pertaining to the duty to keep secret and penalties for any offence of the section which are: (a) No person shall disclose any matter which has come to his knowledge while performing his duties; (b) Maximum penalty RM20,000 or TWO(2) years imprisonment or both.  Guilty Until Proven Innocent § 52 Offence by body Corporate – officers of the corporation are also deemed to contravene. § 55 Defence in Proceeding – it is for the accused to prove to the court that the offence was committed without his consent or connivance. § 60 Burden of Proof – it is for the accused to prove to the court that they have done everything “as far as is practicable”.  Conclusion 1. OSHA 1994 to overcome the limitations of FMA 1967 in the following areas: (a) Scope of Application; (b) Prescription provisions; (c) Approach. 2. The high accident statistics, especially the rate of fatalities and permanent disabilities in various sectors not covered under the FMA 1967 justify the need of an additional legislation in order for the Government to control work activities. 3. This Act consists of 15 parts as discussed under the objectives earlier. Topic 6: Occupational Safety and Health (Employers’ Safety and Health General Policy Statements) (Exception) Regulations 1995 Ts. Abd Karim Sahari  Formulation of Safety & Health Policy Section 16 Employers are required to prepare a written statement of their occupational safety and health policy, organisation and arrangements to carry out the policy. (applicable for employer having more than 5 employees)  Objectives of Safety & Health Policy To ensures that the employer complies with the OSHA 1994 and relevant OSH legislation. To address the employer commitment on OSH. To provides guidelines for establishing and implementing programmes that will reduce workplace hazards, protect lives and promote employee health.  Objectives of the topic (a) State the purpose of the safety and health policy; (b) Explain the main parts of the written policy.  Purpose of Policy Demonstrate the company’s concern and commitment to ensure safety and health of the employees; It acts as a basis for developing and implementing programmes for securing safety and health at the workplace; It should affect all work activities and decision making process of the organisation.  Safety & Health Policy Top management establishes Safety and Health Policy, stating safety and health objectives and commitment to continual improvement of safety and health performance and comply with OSH legislation and other requirements. The policy shall be documented, implemented, maintained and communicated to all employees and other interested parties. It shall be periodically reviewed to ensure it is appropriate to the nature and scale of OSH risks of an organisation.  Safety & Health Policy Management Review Feedback Audit Safety & Health from Policy measuring performance Planning Source: ICMR Bulletin Nov-Dec 2003 Vol. 33  Contents of Written Statement There are three main parts of the written policy, namely: (a) General Policy Statement; (b) Organisation; (c) Arrangements.  General Policy Statement The first part can be a simple and brief statement of overall intent of employer to look after the safety and health of workforce. Among others it should: (a) Indicate that management accept responsibility for the safety and health of employees and others who may be affected by the work activities; (b) Outline the goals of policy; (c) Establish the importance of safety and health to overall business performance; (d) Bear a reference to other parts of the policy document which go into more details; (e) Be dated and signed by Chairman or MD, or whoever speaks for the organisation at the highest level.  Organisation The second part of policy document should explain the organisation for safety and health responsibilities. Essentially it should spell out: (a) The list of safety and health responsibilities of all levels of Management; (b) The role of workers in the implementation of policy. Each employee has a duty not to endanger himself or others by his actions or omissions, and to co-operate in all measures provided for his safety and health; (c) The structure and functions of SHC; and other in-house safety and health organisation.  Arrangements The third part of the written policy documents deals with practical systems and procedures. It concerns mainly with potential hazards and methods of dealing with them. Among others, essentially it should specify detailed arrangements for ensuring that General Policy is being implemented including: (a) The arrangements for training and instruction; (b) Information about whatever hazards there may be in certain processes, the control measures and ways in which employees should co-operate for their own safety and health; (c) Specify the company’s safe system of work, including safe work procedures and rules; (d) Scheme for the issuance, use and maintenance of personal protective equipment; (e) The procedure for reporting and investigation of accidents; (f) Emergency measures such as fire and first aid arrangements.  Other Requirements Under Section 16 Employers should: (a) Inform all employees of their written safety and health policy; (b) Review and revise the policy, as appropriate, from time to time; (c) Inform employees of any revision to the policy It is important that the contents of the policy be made known to employees during induction and job training. The general policy statement should be displayed at strategic locations in the workplace.  Penalties Employers who contravene this provision of the Act will be liable to a fine not exceeding RM50,000 or two year’s imprisonment or both.  Conclusion ♦ Employers should give top priority to formulate a written safety and health policy of their workplace to ensure the success of their safety and health programmes. ♦ It is equally important that employers ensure that what is written down is being implemented at their workplace. ♦ A safety and health policy is not a mere scrap of paper but a living document. Topic 7: Occupational Safety and Health (Control of Industrial Major Accident Hazard) Regulations 1996 Ts. Abd Karim Sahari  Objectives of the topic (a) To define what is major accidents; (b) To describe the need for CIMAH Regulations; (c) To describe the objective of CIMAH Regulations; (d) To list 6 parts in CIMAH Regulations; (e) To explain Part II, III and IV  Scope What is major accidents? Components of major hazard control system The need for CIMAH Regulations Development of CIMAH Regulations Objective of CIMAH Regulations Arrangement of CIMAH Regulations Conclusion  What is Major Accidents? Common features of major accidents are: ♦ uncontrolled events; ♦ involving fire, explosion, release; ♦ resulted in deaths and injuries (on site / off site); ♦ extensive property and environmental damages; ♦ resulted from the use or storage of flammable, toxic or explosive substance.  Example of Major Accident Flixborough: 1 June 1974 - Release of cyclohexane plant destroyed 28 people killed  Objectives of Regulations CIMAH Regulations 1996 has two objectives: (a) To prevent major industrial accidents; (b) To minimise the effect if an accident happens. The aim is to ensure workers, members of the public and environment are safe and face lesser risk from the installations that have potential to present industrial major accidents.  Objectives of Regulations Part 1 – Preliminary Part II – Identification & Notification of an Industrial Activity Part III – Demonstration of Safe Operation Part IV – Report on Industrial Activity & Preparation of Emergency Plan Part V – Notification of Major Accident Part VI – Penalty  Part 1 - Preliminary 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 1 - Preliminary Interpretation (Reg. 3) : “major accident” means an occurrence Including a major emission, fire or explosion Resulting from uncontrolled developments Leading to a serious danger to persons Leading to a serious danger to the environment Involving one or more hazardous substance “hazardous substance” can be - Very toxic substances Other toxic substances Flammable substances Explosive substances Oxidising substances  Part 1 - Preliminary Interpretation (Reg. 3) : “industrial activity” means - (a) Process An operation carried out in an industrial installation referred to in Schedule 4 Involving one or more hazardous substances, Includes on-site storage and on-site transport which is associated with that operation; or (b) Storage Storage of hazardous substances or preparations at any place, installation, premises, building, or area of land, isolated or within an establishment, being a site used for the purpose of storage.  Part 1 - Preliminary Interpretation (Reg. 3) : “major hazard Installation” means an industrial activity which - Produces, processes, handles, uses, disposes of or stores, either permanently or temporarily, one or more hazardous substances in quantities which is equal to or exceed the threshold quantity or Determined by DG in accordance with sub-regulation 7(2) “non major hazard Installation” An industrial activity which - Produces, processes, handles, uses, disposes of or stores, either permanently or temporarily, one or more hazardous substances in quantities which is exceed 10 % of the threshold quantity and less than the threshold quantities Determined by DG in accordance with sub-regulation 7(2)  Part II – Identification & Notification of an Industrial Activity Identification and notification (Reg. 7) (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 DG within 1 month before construction. (2) Upon receiving the Notification, 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 & Notification of an Industrial Activity Notification of changes (Reg. 8) The manufacturer shall immediately notify the DG 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.  Part III – Demonstration of Safe Operation for Non-Major Hazard Installation 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 DG  Part III – Demonstration of Safe Operation for Non-Major Hazard Installation Demonstration of safe operation (Reg. 10) A manufacturer who has control of an industrial activity to which this Part applies shall at anytime, at the request of the DG 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 minimise 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 Review of demonstration of safe operation(Reg. 11) 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 III – Demonstration of Safe Operation for Non-Major Hazard Installation Application (Reg. 12) This part shall apply to MAJOR HAZARD INSTALLATION  Application of Regulations CIMAH Regulations 1996 covers all types of workplaces that involve any hazardous substances except: (a) A nuclear installation; (b) An installation under the armed forces; (c) Transportation of hazardous substance outside the installation; (d) An industrial activity in which there is involved or likely to be involved a quantity of hazardous substance or a category or categories of substances which is or are or less than ten per cent of the threshold quantity of the hazardous substance or substances.  Part IV – Report on industrial Activity & Preparation of Emergency Plan for Major Hazard Installation Registration of Competent Person (Reg. 13) 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 lndustrial Activity & Preparation of Emergency Plan for Major Hazard Installation Knowledge and Experience OSHA1994 and CIMAH Regulations1996 Safety Management System for loss prevention Emergency response plan 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 lndustrial Activity & 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. 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. 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 lndustrial Activity & 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 fpr NMHI Regulation 10 (c) Prepared and kept up to date Onsite ERP Regulation 11 Director General May ask for submission May review Shall ask for improvement  Emergency Response Planning CIMAH Regulation Requirements for MHI Regulation 18 (1) Consult Competent Person Prepared and keep up to date Onsite ERP Plan should mentioned person responsible for site safety Authorised person to take action during emergency Regulation 18 (2) Constantly updated if any changes Informed affected person of the changes Regulation 18 (3) Submit the Onsite ERP to Director General Specify time frame Extension by Director General  Emergency Response Planning CIMAH Regulation Requirements for MHI Reg. 19(1) ERP updating Consult Competent Person Reg. 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. 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 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 Emergency Response Planning 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 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 organise 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 recognises 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 & Teams 3. Detailed Operations Manuals 4. Emergency Response Procedures 5. Emergency Records 6. Emergency Equipment & Facilities 7. Regular Tests of Emergency Equipment & Facilities 8. Training and drills 9. Plan Review and Updates 10. Audit  Components of On-Site ERP (CIMAH Regulation Requirements) Offsite ERP (for MHI only) Regulation 21 (1) Manufacturer inform local authority or port authority:  his industrial activity is capable of producing major accident; for the need of offsite ERP preparation. Regulation 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. Regulation 21 (3) Local or port authority may prepare and updating Offsite ERP  Basic Elements under Regulations The basis of major accident hazard control promoted by CIMAH Regulations 1996 is according to three basic elements, they are: (a) Identification; (b) Prevention and control; (c) Mitigation.  Major Hazard Installation The Regulation specify stringent requirement to manufacturer who operate a MHI. The responsibilities of manufacturer are as follows: (a) To prepare and submit a safety report and an on- site emergency response plan; (b) To help the local authority to formulate an off-site emergency response plan; (c) To give information to the potential affectable public; (d) To establish and maintain good safety management for controlling a major accident as described in the safety report.  Reports by Manufacturer The objectives of the report are: a) To identify the nature and scale of the use of hazardous substances at the installation; b) To give an account of the arrangements for the safe operation of the installation for control of serious deviations that could lead to a major accident and for emergency procedures at the site; c) To identify the type, relative likelihood, and consequences of major accidents that might occur; d) To demonstrate that manufacturer has identified the major hazard potential of his activities and has provided appropriate controls.  Emergency Response Plan Emergency plans for major installations should cover the handling of emergencies both on-site and off-site. The objectives of emergency planning are: a) To localise any emergency that may arise and if possible eliminate them; a) To minimise the harmful effects of an emergency on people, property and the environment.  Identification & Analysis of Hazards The analysis of possible accidents by manufacturer should indicate the: (a) worst event considered; (b) route to those worst event; (c) time-scale to lesser events which might lead to the worst events? (d) size of lesser events if their development is halted; (e) relative likelihood of events ; (f) consequences of each event.  On-site Emergency Planning The plan should include the following elements: (a) Assessment of the size and nature of potential accidents and relative likelihood of their occurrence; (b)Formulation of the plan and liaison with outside authorities, including the emergency services; (c) Procedures for raising the alarm and for communicating both within and outside the installation; (d) Appointment in particular of the site incident controller and the site main controller, and specification of their duties and responsibilities; (e) The location and organisation of the emergency control centre; (f) The action of workers on site during the emergency, including evacuation procedures; (g) The actions of workers and others off site during the emergency.  Off-site Emergency Planning The information should include: (a) Name of manufacturer and address of site of industrial activity; (b) Identification by position held of person giving the information; (c) Confirmation that the site is subject to these Regulations and that the report referred to in sub-regulation 15(1) has been submitted to the Director Gener