CHAPTER 2 :OSHA Acts, Standards & Liability

ContentsContents

• Factories and Machinery Act 1967 &Regulations

• Occupational Safety and Health Act 1994

• Factories and Machinery Act 1967 &Regulations

• Occupational Safety and Health Act 1994

OSH Legislation in MalaysiaOSH Legislation in Malaysia

• Selangor Boiler Enactment 1892• Machinery Ordinance 1913• Machinery Enactment 1932• Machinery Ordinance 1953• Factories and Machinery Act 1967• Occupational Safety and Health Act 1994

• Selangor Boiler Enactment 1892• Machinery Ordinance 1913• Machinery Enactment 1932• Machinery Ordinance 1953• Factories and Machinery Act 1967• Occupational Safety and Health Act 1994

FACTORIES AND MACHINERIESFACTORIES AND MACHINERIESACT 1967 & REGULATIONSACT 1967 & REGULATIONS

(FMA 1967)(FMA 1967)

FACTORIES AND MACHINERIESFACTORIES AND MACHINERIESACT 1967 & REGULATIONSACT 1967 & REGULATIONS

(FMA 1967)(FMA 1967)

FMA 1967 OBJECTIVESFMA 1967 OBJECTIVES

• Control of factories operations with respectto safety, health and welfare of persons

• Registration & inspection of machinery

• Control of factories operations with respectto safety, health and welfare of persons

• Registration & inspection of machinery

FMA 1967 ArrangementsFMA 1967 Arrangements• Part 1 – Preliminary• Part 2 – Safety, health and welfare• Part 3 – Persons-in-charge & certificates

ofcompetency• Part 4 – Notification of accidents, dangerous

occurrence & dangerous diseases• Part 5 – Notice of occupation of factory &

registration & use of machinery• Part 6 - General

• Part 1 – Preliminary• Part 2 – Safety, health and welfare• Part 3 – Persons-in-charge & certificates

ofcompetency• Part 4 – Notification of accidents, dangerous

occurrence & dangerous diseases• Part 5 – Notice of occupation of factory &

registration & use of machinery• Part 6 - General

PART I: PRELIMINARYPART I: PRELIMINARY

Definition of Factory• Premises & its boundaries• Within the premises there is manual labor doing

process of making, altering, repairing,ornamenting, sorting, finishing, cleaning,washing, breaking, demolishing, constructing,fitting, adjusting

• The process must be for trading any business

Definition of Factory• Premises & its boundaries• Within the premises there is manual labor doing

process of making, altering, repairing,ornamenting, sorting, finishing, cleaning,washing, breaking, demolishing, constructing,fitting, adjusting

• The process must be for trading any business

PART II: SAFETY, HEALTH AND WELFAREPART II: SAFETY, HEALTH AND WELFARE

Key points:• Premises must be designed with safe access to

work areas, material & goods must be safelystacked (S.10)

• Machinery must be properly constructed &dangerous parts must be fenced (S.14,15,16)

• Employees must not misuse safety & healthequipment (S.20)

• Employees must not to endanger himself orother person

Key points:• Premises must be designed with safe access to

work areas, material & goods must be safelystacked (S.10)

• Machinery must be properly constructed &dangerous parts must be fenced (S.14,15,16)

• Employees must not misuse safety & healthequipment (S.20)

• Employees must not to endanger himself orother person

• Premises must be kept clean with adequatespace, ventilation, lighting & toilets (S.22)

• Persons must be supplied with adequate facilitiesfor clothing, storage, drinking,water, first aid &washing facilities (S.25)

• Employees must be trained on safety ofmachinery (S.26)

PART II: SAFETY, HEALTH AND WELFAREPART II: SAFETY, HEALTH AND WELFARE

• Premises must be kept clean with adequatespace, ventilation, lighting & toilets (S.22)

• Persons must be supplied with adequate facilitiesfor clothing, storage, drinking,water, first aid &washing facilities (S.25)

• Employees must be trained on safety ofmachinery (S.26)

• Machinery operators must be adequatelytrained or under the supervision of a trainedperson (S.26)

• Young persons (<16) must not operatemachinery (S.28)

PART III: PERSONS IN CHARGE ANDPART III: PERSONS IN CHARGE ANDCERTIFICATES OF COMPETENCYCERTIFICATES OF COMPETENCY

• Machinery operators must be adequatelytrained or under the supervision of a trainedperson (S.26)

• Young persons (<16) must not operatemachinery (S.28)

The occupier must notify the nearest Inspectorof accidents & diseases include:

• Loss of life• Injury to a person who loses more than 4 days

work loss injury time• Serious damage to machinery or other property

(S.31)• Inspectors may investigate accidents &

dangerous occurrence & hold inquiries on moreserious cases (S.33)

PART IV: NOTIFICATION OF ACCIDENT, DANGEROUSPART IV: NOTIFICATION OF ACCIDENT, DANGEROUSOCCURANCE & DANGEROUS DISEASESOCCURANCE & DANGEROUS DISEASES

The occupier must notify the nearest Inspectorof accidents & diseases include:

• Loss of life• Injury to a person who loses more than 4 days

work loss injury time• Serious damage to machinery or other property

(S.31)• Inspectors may investigate accidents &

dangerous occurrence & hold inquiries on moreserious cases (S.33)

• Notify DOSH within 3 months of the intendedstart date (S.34)

• Building operations must be notified if last morethan 6 weeks (S.35)

• Changes to the use of factory or machinery mustbe notified to DOSH

• Fills standard form with (a) layout plan offactory,(b) list of manufactured products, (c) listof machines to be used, (d) list of chemicals,toxic or flammable substance, (e) detail flowchart of work process

PART V: NOTICE OF OCCUPATION OF FACTORY ANDPART V: NOTICE OF OCCUPATION OF FACTORY ANDREGISTRATION AND USE OF MACHINERYREGISTRATION AND USE OF MACHINERY

• Notify DOSH within 3 months of the intendedstart date (S.34)

• Building operations must be notified if last morethan 6 weeks (S.35)

• Changes to the use of factory or machinery mustbe notified to DOSH

• Fills standard form with (a) layout plan offactory,(b) list of manufactured products, (c) listof machines to be used, (d) list of chemicals,toxic or flammable substance, (e) detail flowchart of work process

• General penalty RM 2,000• Certain sections with penalty RM5,000 (S.51)

PART VI: GENERALPART VI: GENERAL

REGULATIONS UNDER FMAREGULATIONS UNDER FMA• FMA (Certificate of Competency Examination)(Certificate of Competency Examination)

Regulations 1970 (Revised 1988)• FMA (Electrical Passenger & Goods Lifts)(Electrical Passenger & Goods Lifts)

Regulations 1970• FMA (Fencing of Machinery & Safety)(Fencing of Machinery & Safety)

Regulations 1970 (Revised 1988)• FMA (Notification, Certificate of Fitness &(Notification, Certificate of Fitness &

Inspection)Inspection) Regulations, 1970• FMA (Person(Person--inin--Charge)Charge) Regulations, 1970

(Revised 1988)

• FMA (Certificate of Competency Examination)(Certificate of Competency Examination)Regulations 1970 (Revised 1988)

• FMA (Electrical Passenger & Goods Lifts)(Electrical Passenger & Goods Lifts)Regulations 1970

• FMA (Fencing of Machinery & Safety)(Fencing of Machinery & Safety)Regulations 1970 (Revised 1988)

• FMA (Notification, Certificate of Fitness &(Notification, Certificate of Fitness &Inspection)Inspection) Regulations, 1970

• FMA (Person(Person--inin--Charge)Charge) Regulations, 1970(Revised 1988)

REGULATIONS UNDER FMAREGULATIONS UNDER FMA• FMA (Safety, Health & Welfare)(Safety, Health & Welfare) Regulations,

1970• FMA (Steam Boilers & Unfired Pressure(Steam Boilers & Unfired Pressure

Vessels)Vessels) Regulations, 1970• FMA (Administration)(Administration) Regulations, 1970• FMA (Compounding of Offences)(Compounding of Offences) Rules, 1978• FMA (Compoundable Offences)(Compoundable Offences) Regulations,

1978• FMA (Lead)(Lead) Regulations, 1986

• FMA (Safety, Health & Welfare)(Safety, Health & Welfare) Regulations,1970

• FMA (Steam Boilers & Unfired Pressure(Steam Boilers & Unfired PressureVessels)Vessels) Regulations, 1970

• FMA (Administration)(Administration) Regulations, 1970• FMA (Compounding of Offences)(Compounding of Offences) Rules, 1978• FMA (Compoundable Offences)(Compoundable Offences) Regulations,

1978• FMA (Lead)(Lead) Regulations, 1986

REGULATIONS UNDER FMAREGULATIONS UNDER FMA• FMA (Asbestos Process)(Asbestos Process) Regulations 1986• FMA (Building Operations & Works of(Building Operations & Works of

Engineering Construction) (Safety)Engineering Construction) (Safety)Regulations, 1989

• FMA (Noise Exposure)(Noise Exposure) Regulations, 1989

• FMA (Asbestos Process)(Asbestos Process) Regulations 1986• FMA (Building Operations & Works of(Building Operations & Works of

Engineering Construction) (Safety)Engineering Construction) (Safety)Regulations, 1989

• FMA (Noise Exposure)(Noise Exposure) Regulations, 1989

REGULATIONS UNDER FMAREGULATIONS UNDER FMA• FMA (Mineral Dust)(Mineral Dust) Regulations 1989• FMA (Notification, Certificate of Fitness &(Notification, Certificate of Fitness &

Inspection) (Amendment)Inspection) (Amendment) Regulations 2004• FMA (Steam Boilers & Unfired Pressure(Steam Boilers & Unfired Pressure

Vessels) (Amendment)Vessels) (Amendment) Regulations 2005

• FMA (Mineral Dust)(Mineral Dust) Regulations 1989• FMA (Notification, Certificate of Fitness &(Notification, Certificate of Fitness &

Inspection) (Amendment)Inspection) (Amendment) Regulations 2004• FMA (Steam Boilers & Unfired Pressure(Steam Boilers & Unfired Pressure

Vessels) (Amendment)Vessels) (Amendment) Regulations 2005

OCCUPATIONAL SAFETY AND HEALTHOCCUPATIONAL SAFETY AND HEALTHACT 1994ACT 1994

(OSHA 1994)(OSHA 1994)

OCCUPATIONAL SAFETY AND HEALTHOCCUPATIONAL SAFETY AND HEALTHACT 1994ACT 1994

(OSHA 1994)(OSHA 1994)

OSHA 1994OSHA 1994It covers throughout Malaysia in the industries specifiedin the First Schedule:• Manufacturing, Mining and Quarrying, Construction,

Agriculture, Forestry and Fishing, Utilities (Electricity,Gas, Water; and Sanitary services), Transport, Storageand Communication, Wholesale and Retail Trades,Hotels and Restaurants, Finance, Insurance, RealEstate and Business Services, Public Services andStatutory Authorities

Except: 1. Work on board of ship 2. Armed Forces

It covers throughout Malaysia in the industries specifiedin the First Schedule:• Manufacturing, Mining and Quarrying, Construction,

Agriculture, Forestry and Fishing, Utilities (Electricity,Gas, Water; and Sanitary services), Transport, Storageand Communication, Wholesale and Retail Trades,Hotels and Restaurants, Finance, Insurance, RealEstate and Business Services, Public Services andStatutory Authorities

Except: 1. Work on board of ship 2. Armed Forces

MAIN PRINCIPLES OF OSHA 1994MAIN PRINCIPLES OF OSHA 1994

•• SelfSelf--regulationregulation•• ConsultationConsultation--tri partitetri partite•• CoCo--operationoperation

•• SelfSelf--regulationregulation•• ConsultationConsultation--tri partitetri partite•• CoCo--operationoperation

OSHA 1994OSHA 1994

OSHA 1994OSHA 1994• Consists of 15 parts:

1. Preliminary2. Appointment of officers3. National Council for Occupational Safety and

Health4. General Duties of Employers and Self-Employed

Persons5. General Duties of Designers, Manufacturers, and

Suppliers6. General Duties of Employees7. Safety and Health Organizations

• Consists of 15 parts:1. Preliminary2. Appointment of officers3. National Council for Occupational Safety and

Health4. General Duties of Employers and Self-Employed

Persons5. General Duties of Designers, Manufacturers, and

Suppliers6. General Duties of Employees7. Safety and Health Organizations

OSHA 1994OSHA 1994

8. Notification of Accidents, DangerousOccurrence, Occupational Poisoning andOccupational Diseases, and Inquiry.

9. Prohibition Against Use of Plant or Substance10. Industry Code of Practice11. Enforcement and Investigation12. Liability for Offences13. Appeals14. Regulations15. Miscellaneous

8. Notification of Accidents, DangerousOccurrence, Occupational Poisoning andOccupational Diseases, and Inquiry.

9. Prohibition Against Use of Plant or Substance10. Industry Code of Practice11. Enforcement and Investigation12. Liability for Offences13. Appeals14. Regulations15. Miscellaneous

PART IV: GENERAL DUTIES OF EMPLOYERPART IV: GENERAL DUTIES OF EMPLOYER& SELF& SELF--EMPLOYED PERSONSEMPLOYED PERSONS

• provide and maintain safe plant and system of work• make arrangements for the safe use, operation,

handling, storage and transportation of substancesand plant

• provide information, instruction, training andsupervision

• provide and maintain place of work and means ofaccess to and egress from any place of work

• provide and maintain working environment that issafe and without health risk and adequate welfarefacilities

• provide and maintain safe plant and system of work• make arrangements for the safe use, operation,

handling, storage and transportation of substancesand plant

• provide information, instruction, training andsupervision

• provide and maintain place of work and means ofaccess to and egress from any place of work

• provide and maintain working environment that issafe and without health risk and adequate welfarefacilities

• Keep records of injuries and illnesses• Provide medical exams when required by OSHA

standards and provide workers access to theirexposure and medical records

• Formulate written statement of his policy on OSH• Not discriminate against workers who exercise their

rights under the Act (Section 11(c))• Post OSHA citations and abatement verification

notices• Provide and pay for PPE (personal protective

equipment )

PART IV: GENERAL DUTIES OF EMPLOYERPART IV: GENERAL DUTIES OF EMPLOYER& SELF& SELF--EMPLOYED PERSONSEMPLOYED PERSONS

• Keep records of injuries and illnesses• Provide medical exams when required by OSHA

standards and provide workers access to theirexposure and medical records

• Formulate written statement of his policy on OSH• Not discriminate against workers who exercise their

rights under the Act (Section 11(c))• Post OSHA citations and abatement verification

notices• Provide and pay for PPE (personal protective

equipment )

• to ensure plant/substance is designed andconstructed to be safe and without risk to healthwhen properly used

• arrange for carrying out testing and examination• adequate information for designers and

manufacturers – arrange for research to eliminateor minimize hazards

• safe erection and installation

PART V: GENERAL DUTIES OF DESIGNERS,PART V: GENERAL DUTIES OF DESIGNERS,MANUFACTURERS & SUPPLIERSMANUFACTURERS & SUPPLIERS

• to ensure plant/substance is designed andconstructed to be safe and without risk to healthwhen properly used

• arrange for carrying out testing and examination• adequate information for designers and

manufacturers – arrange for research to eliminateor minimize hazards

• safe erection and installation

• To take care for the safety and health of himself andother persons.

• To co-operate with his employer or any other personin the discharge of any duty or requirement imposedon the employer or that other person by this Act.

• To wear or use at all times any protective equipment(PPE) or clothing provided by the employer for thepurpose of preventing risks to his safety and health.

• To obey with any instruction or measure onoccupational safety and health instituted by hisemployer or any other person by or under this Act.

PART VI: GENERAL DUTIES OF EMPLOYEESPART VI: GENERAL DUTIES OF EMPLOYEES

• To take care for the safety and health of himself andother persons.

• To co-operate with his employer or any other personin the discharge of any duty or requirement imposedon the employer or that other person by this Act.

• To wear or use at all times any protective equipment(PPE) or clothing provided by the employer for thepurpose of preventing risks to his safety and health.

• To obey with any instruction or measure onoccupational safety and health instituted by hisemployer or any other person by or under this Act.

• Right to have a safe and healthful workplace• Right to know about hazardous chemicals• Right to know information about injuries and

illnesses in your workplace• Right to complain or request hazard correction from

employer• Right to training• Right to know hazard exposure and medical records• Right to file a complaint with OSHA• Right to participate in an OSHA

PART VI: GENERAL DUTIES OF EMPLOYEESPART VI: GENERAL DUTIES OF EMPLOYEES

• Right to have a safe and healthful workplace• Right to know about hazardous chemicals• Right to know information about injuries and

illnesses in your workplace• Right to complain or request hazard correction from

employer• Right to training• Right to know hazard exposure and medical records• Right to file a complaint with OSHA• Right to participate in an OSHA

• Employer must employ a competent person to act asa Safety and Health Officer.

• The Safety and Health Officer is to ensure that theSafety and Health Act 1994 is complied in promotinga safe and healthy working environment.

• Employer shall establish a safety and healthcommittee when:- there are 40 or more employees in the workplace

OR- when instructed by the Director General of DOSH

PART VII: SAFETY & HEALTHPART VII: SAFETY & HEALTHORGANIZATIONORGANIZATION

• Employer must employ a competent person to act asa Safety and Health Officer.

• The Safety and Health Officer is to ensure that theSafety and Health Act 1994 is complied in promotinga safe and healthy working environment.

• Employer shall establish a safety and healthcommittee when:- there are 40 or more employees in the workplace

OR- when instructed by the Director General of DOSH

REGULATIONS UNDER OSHA 1994REGULATIONS UNDER OSHA 1994

There are 7 regulations:1. OSH (Employers' Safety and Health General Policy

Statements) (Exception) Regulations 19952. OSH (Control of Industrial Major Accident Hazards)

Regulations 1996 - CIMAH3. OSH (Safety and Health Committee) Regulations

1996 -SHC4. OSH (Classification, Packaging and Labeling of

Hazardous Chemicals) Regulations 1997- CPL

There are 7 regulations:1. OSH (Employers' Safety and Health General Policy

Statements) (Exception) Regulations 19952. OSH (Control of Industrial Major Accident Hazards)

Regulations 1996 - CIMAH3. OSH (Safety and Health Committee) Regulations

1996 -SHC4. OSH (Classification, Packaging and Labeling of

Hazardous Chemicals) Regulations 1997- CPL

REGULATIONS UNDER OSHA 1994REGULATIONS UNDER OSHA 1994

5. OSH (Safety and Health Officer) Regulations 1997SHO

6. OSH (Use and Standards of Exposure of ChemicalsHazardous to Health) Regulations 2000 – USECHH

7. OSH (Notification of Accident, DangerousOccurrence, Occupational Poisoning andOccupational Disease) Regulations 2004 -NADOOPOD

5. OSH (Safety and Health Officer) Regulations 1997SHO

6. OSH (Use and Standards of Exposure of ChemicalsHazardous to Health) Regulations 2000 – USECHH

7. OSH (Notification of Accident, DangerousOccurrence, Occupational Poisoning andOccupational Disease) Regulations 2004 -NADOOPOD

ORDER UNDER OSHA 1994ORDER UNDER OSHA 1994

• OSH (Safety and Health Officer) Order 1997• OSH (Prohibition of Use of Substance) Order

1999

• OSH (Safety and Health Officer) Order 1997• OSH (Prohibition of Use of Substance) Order

1999

GUIDELINES UNDER OSHA 1994GUIDELINES UNDER OSHA 1994• Guidelines for Public Safety and Health at

Construction Site 1994• Guidelines on Occupational Safety and Health in the

Office 1996• Guidelines on First-Aid Facilities in the Workplace

1996• Examination Syllabus for Engineer's Certificate of

Competency (Steam and Internal CombustionEngines) Examination 1996

• Guidelines on Method of Sampling and Analysis forAirborne Lead 1997

• Guidelines for Public Safety and Health atConstruction Site 1994

• Guidelines on Occupational Safety and Health in theOffice 1996

• Guidelines on First-Aid Facilities in the Workplace1996

• Examination Syllabus for Engineer's Certificate ofCompetency (Steam and Internal CombustionEngines) Examination 1996

• Guidelines on Method of Sampling and Analysis forAirborne Lead 1997

CODE OF PRACTICE OSHA 1994CODE OF PRACTICE OSHA 1994

• Code of Practice on Prevention andManagement of HIV/ AIDS at the Work Place

• Code of Practice for Safe Working in aConfined Space

• Kod Amalan Pencegahan dan PembasmianPenyalahgunaan Dadah, Alkohol dan di TempatKerja

• Code of Practice on Prevention andManagement of HIV/ AIDS at the Work Place

• Code of Practice for Safe Working in aConfined Space

• Kod Amalan Pencegahan dan PembasmianPenyalahgunaan Dadah, Alkohol dan di TempatKerja

CODE OF PRACTICE OSHA 1994CODE OF PRACTICE OSHA 1994

• Code of Practice on Prevention andManagement of HIV/ AIDS at the Work Place

• Code of Practice for Safe Working in aConfined Space

• Kod Amalan Pencegahan dan PembasmianPenyalahgunaan Dadah, Alkohol dan di TempatKerja

• Code of Practice on Prevention andManagement of HIV/ AIDS at the Work Place

• Code of Practice for Safe Working in aConfined Space

• Kod Amalan Pencegahan dan PembasmianPenyalahgunaan Dadah, Alkohol dan di TempatKerja

Arizadayana Zahalan PPKSE

FMA 1967 vs OHSA 1994FMA 1967 vs OHSA 1994FMA 1967 (Act 139) OHSA 1994 (Act 514)

Scope

Only cover OSH in themanufacturing, mining, quarrying,works of engineering andconstructionCover 24% of the manpower

Cover ALL economic activities andgovernment except armed forces andseafaresCover 90% of the manpower

- Prescriptive- Too dependent on government- Concern for inspection byregulation authorities

- Self regulation- Supported by code of practices,guidelines, etc.- Tripartite responsibilities- Worker cooperation and participation

Approach

- Prescriptive- Too dependent on government- Concern for inspection byregulation authorities

- Self regulation- Supported by code of practices,guidelines, etc.- Tripartite responsibilities- Worker cooperation and participation

Objective

- Focus on control of factories &machinery- Registration & inspection ofmachines- Less provision for health

- To safeguard health & welfare ofemployees & those at the place ofwork e.g visitors, contractors

OSH MANAGEMENT SYSTEM MODELOSH MANAGEMENT SYSTEM MODEL

ManagementReview

Measurementand

Evaluation Implementation

OHSPolicy

Planning

Continual Improvement

OSH MANAGEMENT SYSTEM MODEL

ManagementReview

Measurementand

Evaluation Implementation

OHSPolicy

Planning

Continual Improvement

OSH MANAGEMENT SYSTEM MODEL

THE ENDTHE ENDTHE ENDTHE END