osh legislation part 2- 9 mac 2014

8/12/2019 OSH Legislation Part 2- 9 Mac 2014

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1

EXECUTIVE MASTER OF OCCUPATIONAL SAFETY AND

HEALTH MANAGEMENT

(EMOSHM)

ANALYSIS ON THE FACTORIES & MACHINERY ACT 1967

9 Mac 2014

Prepared by Ir. Ludin Embong


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Course Objectives

2

Be able to describe the background of FMA 1967

Be able to discuss the approach of the Act

Be able to pinpoint salient safety provisions of Regulations

under the Act

Be able to cite salient health provisions of Regulations under

the Act


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Arrangement of Sections

3

FMA 1967 is divided into 6 Parts

Part 1: PRELIMINARY

Part 2: SAFETY, HEALTH & WELFARE

Part 3: PERSONS IN CHARGE AND CERTIFICATES OFCOMPETENCY

Part 4: NOTIFICATION OF ACCIDENT, DANGEROUS

OCCURRENCE AND DANGEROUS DISEASES

Part 5: NOTICE OF OCCUPATION OF FACTORY,

REGISTRATION AND USE OF MACHINERY

Part 6: GENERAL


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Factories & Machinery Act 1967

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Gazetted in 1967, first revised in 1988 & latest amendmentin 2006

Objectives in the long tittle:

An Act to provide for the control of factorieswith

respect to matters relating to the safety, health &

welfare of persons therein, the registrationand

inspectionof machinery and for matters connected

therewith.

The Minister may by order suspend the operation of the

whole or any of the provision of the Act..


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PART 1

PRELIMINARY

5

Short title Interpretation of factory & other interpretation of

terms commonly used in FMA 1967

Appointment & supervision of officers

Powers of an Inspector, entry into premises & seizureprocedures

Appointment & duties of a licensed person

Revocation of license & granting of new license

Obstruction an offence


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6

APPLICATION

Apply to factories as interpreted under

Section 2(1) FMA 1967 and machinery

requiring certificate of fitness foroperation

The OSHA 1994 supersedesthe FMA

1967 in the event of any inconsistency

between the two laws.


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7

Factories and Machinery Act (Amendment) 2006

No SECT SHORT TITLE

1 S1 Short title and commencement

2 S2 Interpretation of factory

3 S3 Interpretationgeneral

4 S5 Supervision of officers

5 S6 Officers are public servants

6 S7 Power of inspector

7 S8 Obstruction an offence

8 S9 Persons not to reveal secrets

9 S19 Certificate of fitness

10 S22 Provisions relating to health


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No SECT SHORT TITLE

11 S29 Certain machinery not to be operated withoutcertificated staff (man., fabr., instl., repr.,)

12 S31 Accidents and dangerous occurrence to be reported

13 S32 Notification of industrial diseases

14 S33 Investigation and enquiries15 S36 Installation of machinery, etc.

16 S37 Application for registration

17 S38 Register

18 S40 Periodical inspections

19 S41 Questions for decision by an inspector and appealsfrom such decision

20 S44 Notice of sale, hire or transfer

(Cont..) Factories and Machinery Act (Amendment) 2006


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(Cont..) Factories and Machinery Act (Amendment) 2006

No SECT SHORT TITLE

21 S47A Protection against personal liability

22 S48 Fees (time frame)

23 S51 Penalties

24 S51A Jurisdiction to try offences

25 S52 Institution of prosecution26 S52A Power to compound offences

27 S55 Exemptions

28 S56 Regulations

29 Sch 3 Title: Notifiable IndustrialDiseases to NotifiableOccupationalDiseases.


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Interpretation of F CTORY

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1. Very exhaustive interpretation as per Section 2(1):- By definition - premises with a defined boundary + manual labour

connected with a specified process involved preparation of anarticle and the process carried on for trade or gain

By description to include eleven (11) types of premises.

2. Any line or siding in connection with or for the purposes of afactory as per Section 2(2).

3. Any pipeline used for transportation of dangerous substances whichmay cause fire, explosion, or adverse health effects to any person asper Section 2(3)


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Section 3Interpretationgeneral

Amusement devise, amusement park, fair;

Fired pressure vessel; (e.g. thermal oil heater)

Definition for hoisting machine;

Licensed person;

Definition of machinery; (+ p/lines, fpv, amm dev. etc.)

Material handling equipment;

Petroleum, petroleum products;

Special scheme inspection;

Definition of works of engineering construction

(Cont..) Factories and Machinery Act (Amendment)2006


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DEFINITION OF M CHINERY

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Includes steam boiler, unfired pressure vessels, fired pressure vessels,pipelines, prime movers, gas cylinders, gas holders, hoistingmachines and tackle, transmission machinery, drivenmachinery, materials handlings equipment, amusement deviceor any other similar machinery and any equipment for the

casting, cutting, welding or electro-deposition of materials andfor the spraying by means of compressed gas or air of materialsof materials or other materials,but does not include-

a) any machinery used for the propulsion of vehicles other thansteam boilers or steam engines

b) Any machinery driven by manual power other than hoistingmachine

c) Any machinery used solely for private and domestic purposes;or

d) Office machines


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Section 6Officers are public servantsSection 6(2) (New provision)

A licensed person, all his servants and agents andother persons employed by him shall, whiledischarging their duties as a licensed person andsuch servants, agents, and employees, be deemed tobe public servants within the meaning of Penal Code.



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14

Section 7D

Appointment, power and duties of alicensed person

Section 7D(1)Notwithstanding any other

provisions of this Act, the Minister shall have thepower to grant a license on such conditions as hemay think fit to any person to perform any of thefunctions specified in this Act as the functions of alicensed person as it appears to him to be

necessary.



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15

Machinery

People Environment


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The Approach

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1 CONTROL OF MACHINERY

Manufacture of boilers & unfired pressure vessels

Permission to install machinery

Certificated machinery

Guarding of machinery

Construction of machinery


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The Approach

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2 CONTROL OF IN-DOOR ENVIRONMENT

Provision of safe plant

Provision of safe means of access

Provision of safe storage of materials

Provision of housekeeping

Provision of sufficient of working space

Provision of suitable temperature & lighting

Control of noise pollution

Control of gases, dusts, fumes & other impurities


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The Approach

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3 CONTROL OF PEOPLE

Provision of adequate training of workers

Registration of manufacturers, contractors, welders etc.

Registration of competent persons

Prohibition of employment of Young Person


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PART 2 : SAFETY, HEALTH AND

WELFARE

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Safe premises including safe storage or stacking as per Sec. 10 withprecautions against fire as per Sec. 13.

Safe machinery as per Sec. 14 and dangerous parts and projectingmaterial to be properly protected as per Sec. 15 & 16 respectively.

Persons not to be exposed to explosive, inflammable, poisonous or

corrosive substance or ionising radiation as per Section 11 andexcessive lifting of weights to be avoided as per Sec. 12. Suitablepersonal protective equipment & appliances to be provided as per Sec.24.

Employees must not misuse safety and health equipment as per Sec.20.

Provisions relating to health (cleanliness, work space, ventilation,lighting, temperature) as per Sec. 22. and provisions against rain andwind as per Sec. 23.

Welfare facilitiesclothing storage, drinking water, first aid andwashing facilities as per Sec. 25.


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Section 19APower to revoke CF obtainedby way of fraud or misrepresentation

(1) Chief Inspector revoke or terminate CF;

(2) aggrieved person may, within 14 daysof the notice appeal to the Minister byway of writing;

(3) the decision of the Minister shall be

final.

(Cont..) Factories and Machinery Act (Amendment)2006Certificate of Fitness (CF)


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PART 3

PERSON IN CHARGE AND CERTIFICATES OFCOMPETENCY

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Training & supervision of inexperienced workers on hazards

& precautions and received sufficient instruction in work

and under adequate supervision as per Sec. 26.

Certain machinery not to be operated without certificated

staff as per Sec. 29.

Young persons (Less than 16 years old) not allowed tooperate machinery as per Sec. 28


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Section 29ANo person shallmanufacture, fabricate, test, install,

maintain, dismantle or repair anymachinery which is prescribed unlesshe has written authority issued by the

Chief Inspector.


Machinery not to be manufactured, etc.,

without written authority


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PART 4

NOTIFICATION OF ACCIDENT, DANGEROUSOCCURRENCES

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NOTIFICATION OF ACCIDENT AND DANGEROUSOCCURRENCES

INSPECTORS MAY INVESTIGATE AND HOLD ENQUIRIES


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Section 31Whenever any accident which(a) causes loss of life to any person;

(b) causes serious bodily injury to any person;

(c) causes bodily injury to any person so that the

person is prevented from following the normaloccupation for more than three clear days excludingthe day of the accident;

to the nearest inspector having jurisdiction for thearea in which the accident or dangerous occurrencehas taken place.

(Cont..) Factories and Machinery Act (Amendment)2006Accident and dangerous occurrence to be reported


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PART 5

NOTICE OF OCCUPATION OF FACTORY, ANDREGISTRATION AND USE OF MACHINERY

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NOTIFY CHIEF INSPECTOR BEFORE OCCUPYING A

FACTORY PREMISES

NOTIFIFY CHIEF INSPECTOR OF BUILDING OPERATIONSLASTING MORE THAN 6 WEEKS

CHANGES OF USE IN A FACTORY OR MACHINERY MUST

BE NOTIFIED

MACHINERY MUST BE REGISTERED


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Section 36(3)When any machinery in respect ofwhich a CF is prescribed has been installed, awritten notice shall be served by the occupier orowner of the factory on-

(a) the Inspector, who may as soon as convenientlymay be, make an inspection of the machinery; or

(b) a licensed person where applicable, who shallwithin one month from the date of receipt of thewritten notice make an inspection of the

machinery.

(Cont..) Factories and Machinery Act (Amendment)2006Installation of machinery, etc.


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Section 38(2)inserting after the wordInspector the word and licensed person

Section 38(4)* -The licensed person shallonly have access to information in thegeneral register and any other register orrecords or certificate kept in pursuance ofthis Act pertaining to machinery in respect

of which a CF is prescribed.

(Cont..) Factories and Machinery Act (Amendment)2006Register


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Section 40(1)All factories and machinery inrespect of which aCF is not prescribedshall beinspected by an Inspector at such periods and in amanner as may be prescribed.;

Section 40(1A)All machinery in respect of which

aCF is prescribedshall be inspected by an Inspectoror a licensed person at such periods and in suchmanner as may be prescribed.;

Section 40(2)to substitute for the wordsEveryoccupier of a factorythe wordsThe occupier ofevery factory and the owner or person havingpossession of any machinery.

(Cont..) Factories and Machinery Act (Amendment)2006Periodical Inspections

(C t ) F t i d M hi A t (A d t)


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Section 40(2A)For the purpose ofsubsection (1A), the occupier of everyfactory and the owner or person havingpossession of any machinery in respect of

which a CF is prescribed shall afford to anInspector or a licensed person allreasonable facilities for inspection andtesting and all information as mayreasonably be required in connection withthe inspection.

(Cont..) Factories and Machinery Act (Amendment)2006(cont)Periodical Inspections

(Cont ) Factories and Machinery Act (Amendment)


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Section 40(5)* -Any factory owner or occupiermay apply to the Chief Inspector for approval for aspecial scheme of inspection.

Section 40(6)* -The Chief Inspector mayapprove the application under subsection (5) if hesatisfied that the prescribed requirements inrespect of the machinery in question in relation to

the specialscheme of inspection have beenfulfilled.

(Cont..) Factories and Machinery Act (Amendment)2006(cont)Periodical Inspection - special scheme ofinspection SSI


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PART 6GENERAL

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OFFENCES AGAINST THE ACT PENALTIES FOR OFFENCES


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S-52A(2)Compound

Compound not exceeding 50% of theamount of the maximum fine(including the daily fine, if any, in thecase of continuing offence)

(Cont.) Factories and Machinery Act (Amendment) 2006


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SECTION SHORT TITLE FMA 1967 FMA 2006

S7D Appointment, Power and Duties of Licensed

Person

New provision RM100,000 or 2 yrs

S8 Obstruction an Offence RM5,000 or 2 yrs RM200,000 or 5 yrs

S9 - Persons not to reveal secrets;

- Confidentiality of information

RM5,000 or 2 yrs RM100,000 or 2 yrs

S19(6) Certificate of Fitness RM2,000* RM150,000 or 3 yrs

S37(2) Application for registration RM5,000 RM50,000 or 1 yr

S40(8) Periodical inspections RM5,000 RM250,000 or 5 yrs

S51(1) -S19(1), S31, S34(1), S36(1), S37, S38(1), S39(1)& S40(3)

-S31, S34(1), S36(1), S38(1) & S39(1)

RM5,000 RM100,000 or 2 yrs

S51(2) *Contravenes other provisions RM2,000 RM50,000 or 1 yr

S51(4) Fails to comply with any written order or noticeissued under S39(3) & 40(4)

RM2,000* RM250,000 or 5 yrs

S52A(2) Compound RM100 50% of maximum fine(including daily fine &continuing offence)

PENALTY


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SCHEDULES

SCHEDULE 1 DANGEROUS CCURRENCESTHAT MUST BE NOTIFIED

SCHEDULE 2 SERIOUS BODILY INJURY THATMUST BE NOTIFIED

SCHEDULE 3 NOTIFIABLE INDUSTRIALDISEASES

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Regulations under the ActNo Title of the Regulations

1 Steam Boiler and UPV Reg. 19702 Electric Passenger and Goods Lift Reg.1970

3 Fencing of Machinery and Safety Reg. 1970

4 Persons-In-Charge Reg. 1970

5 Safety, Health and Welfare Reg. 1970

6 Administration Reg. 1970

7 Certificate of Competency-Examinations Reg. 1970

8 Notification, COF and inspection Reg.1970

9 Compoundable Offences Reg. 1978 and Rules 1980

10 Lead Reg. 1984

11 Asbestos Process Reg. 1986

12 Building Operations & Work of Engineering Construction Reg. 1986

13 Noise Exposure Reg. 1989

14 Mineral Dust Reg. 1989

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STEAM BOILER AND UNFIRED PRESSUREVESSEL REGULATIONS, 1970

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SAFETY FITTINGS ON A STEAM BOILER

SAFETY FITTINGS ON UNFIRED PRESSURE VESSELS TESTING OF BOILER AND UNFIRED PRESSURE VESSELS

REGISTRATION PLATE


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Can you identify essential fittings of a

steam boiler?

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ELECTRIC PASSENGER AND GOODS LIFTREGULATIONS, 1970

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APPLIES TO LIFTS THAT CARRY PERSONS

PROVIDE DESIGN DETAILS FOR APPROVAL CONTRACT LOAD--LOAD THAT LIFT IS DESIGNED AND

CONSTRUCTED TO CARRY

DISPLAY OF CONTRACT LOAD ON LIFT CAR

MAINTENANCE OF LIFT SYSTEM BY COMPETENT PERSON LIFT REGISTER FOR MAINTENANCE DETAILS

CERTIFICATE OF REGISTRATION


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FENCING OF MACHINERY AND SAFETYREGULATIONS, 1970

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ALL DANGEROUS PARTS OF A MACHINE MUST BEGUARDED OR FENCED

GUARDING OF POWER SOURCE

GUARDING OF TRANSMISSION GUARDING OF DIFFERENT TYPES OF MACHINERY

SIX SCHEDULES THAT GIVE SPECIFICATIONS FORGUARDS


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SAFE PLACE OFEMPLOYMENT SAFE MEANS OF

ACCESS FLOORS STAIRWAYS LADDERS WORK AT HEIGHT CONFINED SPACES FIRE PRECAUTIONS MATERIAL STORAGE

CLEANLINESS

VENTILATION WORK SPACE LIGHTING CLOTHING, PPE WELFARE FACILITIES TOILETS FIRST AID FIRST SECHEDULE--

CLEANLINESS SECOND SECHEDULE--

LIGHTING THIRD SCHEDULE--EYE

PROTECTION FOURTH SCHEDULE--FIRST

AID BOX

SAFETY, HEALTH AND WELFAREREGULATIONS, 1970


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SAFE MEANS OF ACCESS

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Regulation 7

Clear and unobstructed space

Clear aisles or gangways to be clearly marked on the floor


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FLOORS

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Regulation 6 Level, good & non-slippery condition

Free from holes, splinters and free from protruding nails,projecting valves etc.

Maintained in good and level condition Suitably graded and adequate means of drainage etc.


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WORK AT HEIGHT

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Regulation 12 Applies where person is liable to fall a distance of more than

10 feet

Practicable means for safety e.g. the use of ropes or safety

belts


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Can you identify any violation

of safety provisions?

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PERSONS IN CHARGEREGULATIONS, 1970

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MACHINERY TO BE OPERATED BY COMPETENT PERSON:

BOILER

STEAM ENGINE

INTERNAL COMBUSTION ENGINE

DREDGE


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CATEGORY OF COMPETENT PERSON:

ENGINEER

DRIVER

VISITING ENGINEER

DREGEMASTER


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CLASSIFICATION OF COMPETENT PERSON

FIRST GRADE ENGINEER/DRIVER

SECOND GRADE ENGINEER/DRIVER


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51

TRAINING OF MACHINERY OPERATORS

AN OWNER OR OCCUPIER SHALL NOT REQUIRE OR PERMIT ANY

PERSON TO WORK ON ANY MACHINERY UNLESS HE HAS CAUSED SUCHPERSON TO BE INSTRUCTED :

(1) IN THE PRECAUTIONS TO BE TAKEN AGAINST ANY DANGER TOHEALTH WHICH MAY ARISE FROM WORK ON THE MACHINERY; AND

(2) IN THE USE AND WHERE NECESARRY THE ADJUSTMENT OF THESAFETY APPLIANCES PROVIDED; AND

(3) IN THE PRECAUTIONS TO BE OBSERVED IN THE OPERATION,CLEANING AND MAINTENANCE OF MACHINERY.


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ADMINISTRATION REGULATIONS, 1970

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RESPONSIBILITIES OF INSPECTORS

RECORD KEPT BY INSPECTORS

ENQUIRIES

FEES


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CERTIFICATES OF COMPETENCYREGULATIONS, 1970

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APPEAL BOARD -- CERTIFICATES OF COMPETENCY

APPLICATION

EXAMINATIONS QUALIFICATIONS

EXEMPTIONS

SUSPENTIONS, CANCELLATIONS

FEES


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NOTIFICATION, CERTIFICATE OF FITNESS ANDINSPECTION REGULATIONS, 1970

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OCCUPANCY OF FACTORY BUILDING OPERATIONS FACTORY REGISTER INSTALLATION OF MACHINERY NOTIFICATION OF ACCIDENTS & INDUSTRIAL DISEASES CERTIFICATES OF FITNESS

MACHINERY REQUIRING CERTIFICATE OF FITNESS (COF) VALIDITY OF COF SALE OR HIRE OF MACHINERY


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NOTIFICATION, CERTIFICATE OF FITNESS ANDINSPECTION REGULATIONS, 1970

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INSPECTION

FACTORY OR MACHINERY INSPECTION

TYPE OF INSPECTIONS

INSPECTION PERIOD

PREPARATION FOR INSPECTION

INSPECTION FEES


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BUILDING OPERATIONS AND WORKS OF ENGINEERINGCONSTRUCTION SAFETY) REGULATIONS, 1970

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GENERAL PROVISIONS

CONCRETE WORK

STRUCTURAL STEEL ANDPRECAST CONCRETEASSEMBLY

CLEANING, REPAIRING ANDMAINTENANCE

CATCH PLATFORMS

CHUTES, SAFETY BELTS ANDNETS

RUNWAYS AND RAMPS

LADDERS AND STEP-LADDERS

SCAFFOLDS

DEMOLITION EXCAVATION WORK

MATERIAL HANDLING ANDSTORAGE, USE AND DISPOSAL

PILING

BLASTING AND USE OFEXPLOSIVES

HAND AND POWER TOOLS

C f f


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Can you identify types of activities or

process associated with construction site ?

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FACTORIES & MACHINERY

(LEAD) REGULATIONS 1984

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PEL of 150gm/m TWA 8hr.

Action Level 75 gm/m

Atmospheric monitoring required for exposed workers

Details of monitoring (e.g. who, when) specified

Engineering controls and work procedures to be used


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Respiratory protection required where other controls are

inadequate. Type specified.

Medical surveillance required (> action level) Frequency of medical surveillance specified

Content of medical examination specified

Temporary removal of employees with high blood lead levels

required.


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Requires training of employees in

(i) Regulations

(ii) Nature of operations

(iii)Respiratory protection

(iv)Medical surveillance


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(ASBESTOS PROCESS) REGULATIONS 1986

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Defines asbestos process

PEL of 1 fibre/ml TWA 8hr.

Action level 0.5

Requires exhaust ventilation to control

Requires inspection and testing of exhausts of specificintervals

Protective equipment required above PEL


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(ASBESTOS PROCESS) REGULATIONS 1986

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Requires personal monitoring (


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(MINERAL DUST) REGULATIONS 1989

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A PEL of 0.1mg/m quartz

Action level 0.05 mg/m

A PEL of 5 mg/m (respirable) 10 mg/m (inspirable)other dust

Sand blasting prohibited (written approval required)

Engineering controls required to reduce dust

Protective equipment to be provided



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(MINERAL DUST) REGULATIONS 1989

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Atmospheric monitoring required

Medical examinations (>action level)

Details of medical examinations specified

Employer to provide respiratory protection if signs of

pneumoconiosis

Training of employees required



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PEL

ApplicationExcessive Noise Level e.g. Noise Level Above 80

dB(A)

Need to institute control at Action Level 85 dB(A)

Not to exceed 90 dB(A) for 8 hours

Not to exceed 115 dB(A) at any time

Not to exceed impulsive noise of 140 dB(A)


(NOISE EXPOSURE) REGULATIONS 1989


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Method of compliance by engineering control (Regulation 15)and administrative controls (Regulation 5(1))

Hearing protection (Regulation 17)to be provided if these

controls not effective Obligations on employers and employees

(i) monitoring (Regulation 8)

(ii) audiometric testing (Regulation 20)

(iii) training (Regulation 27)


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Initial and ongoing monitoring specified for employees >

action level

Attenuation of hearing protection - below PEL

Audiometric testing > action level

Frequency of testing and details specified


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PMA

68

Discuss strategy that the employer should do to protectthe health of the workers from occupational health

hazards to preserve the hearing of their workers exposed

to high noise level under the Factories & Machinery

(Noise Exposure) Regulations 1989


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TH NK YOU

osh legislation part 2- 9 mac 2014

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