LEGAL REQUIREMENTS

(Safety and Health in Construction)

Key Governing Laws And
Authorities
AUTHORITIES
Department of Occupational
Safety and Health (DOSH)

Construction Industry
Development Board (CIDB)

BOMBA

ACTS
Occupational
Safety and
Health
Act 514

Factories
and
Machinery
Act 139

(OSHA 1994)

(FMA 1967)

CIDB Act 520

(2011)

Fire Services
Act 341
(1988)

Occupational Safety and Health Act 1994 (OSHA 1994)

Regulations
Duties of Employers
Section 15 : General Duties of Employers to Employees
Ensure as far as practicable the safety, health and welfare of employees by:
Providing & maintaining plant and work systems that are safe and
without risks to health
Ensuring that operation, handling, storage and transport of plants and
substances are safe.
Providing instruction, training and supervision
Maintaining in good condition a site with safe access and egress
Providing a working environment that is adequate, safe and without
health risks.
Section 16 : Duty to Formulate Safety & Health Policy
Prepare a written statement policy of his organization regarding safety
and health at work.
Provide arrangements to carry out policy
Announce revisions

Penalty

Fine RM 50k
or
2 years in prison
or
both

Fine RM50k
or
2 years in prison
or
both

Occupational Safety and Health Act 1994 (OSHA 1994)

Regulations

Penalty

Section 17 : Duty to Persons other than their Employees.

Ensure that other persons apart from his employees are not exposed to
safety & health risks
Inform these other persons of the risks in safety and health associated
with his project.

Fine RM50k
or
2 years prison
or
both

Section 24 : Duties of Employees

Working in a safe manner
Cooperate with employer
Wears provided PPE (if necessary)
Follow the safety and health instruction or order

Fine 1k
or
3 months in prison
or
both

Section 25 : Not to Interfere

Fine RM20k
Not to intentionally, recklessly or negligently interfere with anything
or
related to Safety, Health and welfare
2 years in prison or
both

Occupational Safety and Health Act 1994 (OSHA 1994)

Regulations

Penalty

Section 27 : Discriminate against Employees

Shall not dismiss employee if he complains about work which is unsafe
and a risk to health
If he is a member of the SHE Committee and exercises his duties

Fine RM 10k
or
1 year in prison
or
both

Section 28 : Medical Surveillance

DOSH may require employer to conduct medical surveillance and medical
examinations by person/s registered with DOSH if there are any cases of
illness and risk of injury to health. Examples of activities such as
Handling or exposure to tar, bitumen
Exposure to x-rays or other radioactive substances or other forms of
radiant energy
Activities carried out in compressed air

Fine up to RM5k
or
6 months prison
or
both

Occupational Safety and Health Act 1994 (OSHA 1994)

Regulations

Penalty

Section 29 : Safety and Health Officer

Shall employ a competent person as Safety and Health Officer at the
place of work.
The Safety and Health Officer must be trained and qualified by DOSH.
Any construction works with total contract price > RM 20 million must
employ SHO. Example such as construction, structural alteration,
maintenance of building, demolition.

Fine up to RM5k
or
6 months prison
or
both

Section 30 : Safety & Health Committee

Shall establish a Safety & Health Committee if there are more than 40
employees at place of work or if DOSH instructs to do so.
Employer to consult and co-operate with the Safety & Health Committee
on arrangements and measures to ensure safety & health and
effectiveness of such measures at the place of work.

Fine up to RM 5k
or
6 months prison
or
both

Occupational Safety and Health Act 1994 (OSHA 1994)

Regulations

Penalty

Section 32 Notification of accidents,

Section 51
dangerous occurrence, occupational
Fine not exceeding RM 10,000
poisoning and occupational diseases.
or
An employer shall notify the nearest DOSH
not exceeding 1 year in prison
officer of any accident, dangerous
or
occurrence, occupational poisoning or
both
occupational disease.
and
RM 1,000/day for continuing offence
Section 48 Improvement notice and
Section 49
prohibition notice
Fine not exceeding RM 50,000
DOSH can issue Prohibition notice or
or
Improvement notice to person in charge of a
not exceeding 5 years in prison
place of work requiring him/her to improve
or
safety & health at the particular place of
both
work.
and
RM 500/day for continuing offence

Factories and Machinery Act 1967 (FMA 1967)

Regulations

Penalty

Section 19 Certificate of fitness

No person shall operate or cause or permit to
be operated any machinery in respect of which
a certificate of fitness is prescribed. Example
such as cranes, sky-lift, air compressors.

Fine of not exceeding RM 150,000

or
to imprisonment for a term not exceeding 3 years
or
to both.

Sub-section 51(2)(3)
Section 20 Duties of persons employed
No person employed in any place where
Fine not exceeding RM 50,000
machinery is installed shall willfully
or
Interfere with anything provided for the to imprisonment for a term not exceeding 1 year
safety, health & welfare.
or
And without reasonable excuse cause or to
to both
be likely to cause injury to himself or others
and
or damages.
RM 2,000/day for continuing offence
.

Factories and Machinery Act 1967 (FMA 1967)

Regulations
Section 22 Provisions related to health
Every place of work shall be
Kept clean and free from offensive effluvia
Not congested/overcrowded
Adequately ventilated
Maintained with suitable temperature
Sufficiently and suitability lighted
Provided with sufficient and suitable sanitary convenience
Occupier shall reduce the possibility of injury to the health of person
employed or the public.
Section 25 Provisions related to welfare
The following welfare provisions shall be provided at place of work
Adequate & suitable place to keep clothing when not worn during
working hours
Adequate supply of safe and wholesome drinking water
Adequate & suitable facilities for washing
Readily accessible first aid box or cupboard. If more than 150
persons are employed at any one time, a suitable first aid room
shall be provided.

Penalty

Sub-section 51(2)(3)
Fine not exceeding RM 50,000
or
to imprisonment for a term not
exceeding 1 year
or
to both
and
RM 2,000/day for continuing
offence

Factories and Machinery Act 1967 (FMA 1967)

Regulations

Penalty

Section 26 Training and supervision of

inexperienced workers
No person shall be employed at any machine or in any
process liable to cause bodily injury, unless he has been
fully trained on the dangers likely to arise, safe work
method and work under adequate supervision by a
person who has knowledge and experience of the
machine or process.

Sub-section 51(2)(3)
Fine not exceeding RM 50,000
or
to imprisonment for a term not exceeding
1 year
or
to both
and
RM 2,000/day for continuing offence

Factories and Machinery Act 1967 (FMA 1967)

Regulations

Penalty

Section 31 Accidents and dangerous occurrence to be

reported

Sub-section 51 (1)
Fine of not exceeding RM 100,000
or
Any incident which;
to imprisonment for a term not
Causes loss of life
exceeding 2 years
Causes serious bodily injury
or
Causes bodily injury the prevented any person from
to both.
following his normal occupation for more than 3 clear days
excluding the day of the accident
Causes serious damage to machinery or other property
Any dangerous occurrence
Shall be reported to DOSH by the quickest means available.
Sub-section 51(2)(3)
Fine not exceeding RM 50,000
or
Every person who undertakes any building operations or
to imprisonment for a term not
works of engineering construction shall notify DOSH not later
exceeding 1 year
than 7 days from the commencement of those operations.
or
to both and
RM 2,000/day for continuing offence
Sub-section 35 (1) Building Operations or works of
engineering construction

Factories and Machinery Act 1967 (FMA 1967)

Regulations

Penalty

Sub-section 39 Moving or alteration of or addition Sub-section 51(1)

to machinery to be approved
Fine not exceeding RM 100,000
No person shall move, alter or add to or cause to be
or
moved, altered or added to, any machinery which is to imprisonment for a term not exceeding 2
installed for use if the effectiveness of any fencing
years
or any safety appliances is affected by the moving,
or
alteration or addition, unless he has received in
to both.
writing approval from DOSH.
Sub-section 51(4)
Sub-section 40(4) Periodical inspections (by
DOSH)
Fine not exceeding RM 250,000
DOSH can serve improvement or prohibition
or
notice/s on the occupier if in their opinion that there to imprisonment for a term not exceeding 5
is/are immediate danger/s to life or property.
years
or
to both.

Factories and Machinery Act 1967 (FMA 1967)

Regulations

Penalty

Section 50 (3) - Offences

Whenever it is proved to the satisfaction of a court that a contravention of this Act, has been committed
by any person other that the occupier or owner of the factory/work site or machinery in respect of which
the contravention has been committed, the owner or occupier as the case may be shall also be held
liable for that contravention, unless he shall prove to the satisfaction of the court that the same was
committed without his knowledge or consent and that he had taken all reasonable means to prevent the
same and to ensure observance of this Act.
Sub-section 51(2)(3)
Section 57
The Minister may make regulations requiring
Fine not exceeding RM 50,000
arrangements to be made for the medical supervision
or
of or the provision of medical treatment of a preventive to imprisonment for a term not exceeding 1
character for persons if there are cases of illness, risk
year
of injury to health or persons below 18 years are or are
or
about to be employed, which may cause risk of injury to
to both and
health.
RM 2,000/day for continuing offence

Factories and Machinery (Building Operations and Works of

Engineering Construction)(Safety) Regulations 1986
Regulations
Provides the need of every contractor and employer to ensure the following
Safety measures are provided to prevent hit by public vehicular traffic, drowning, slipping, tripping,
cutting, electrical hazards, exposure to dust, gases & corrosive substance,
Safety measures for the safe use of power tools, storage of materials & equipment, stability of
structure, access to workplace, Illumination of passageways (> 50 lux),
To provide personnel protective equipment such as safety helmet, waterproof boots/coat/hat, gloves,
mask, respirators, full body harness, ear plugs etc.
Main contractor shall appoint Site Safety Supervisor
Every sub-contractor who employs > 20 persons to carry out work within the worksite shall appoint
shall appoint part-time contractors safety supervisor.
Safety committee shall be established and meeting held on monthly basis.
Note: Above are extracts from particular legal requirements. For full details, please refer to latest
Factories & Machinery Act 1967, available at QSHE Resource Centre or one can download from DOSH
website (www.dosh.gov.my)

Factories and Machinery (Building Operations and Works of

Engineering Construction)(Safety) Regulations 1986
Regulation
Provides the need of every contractor and employer to ensure the following
Concrete work
Formwork and re-shores shall be certified safe by PE
Designated person shall supervise the erection of the formwork, inspect and keep records.
Formwork shall be designed by PE if,
Floor to ceiling heights > 9.14 m
Loads on formwork > 732.2 kgf/m2
Note: PE shall supervise the construction.
Stripping shall be done upon approval by PE
Note: Above are extracts from particular legal requirements. For full details, please refer to latest
Factories & Machinery Act 1967, available at QSHE Resource Centre or one can download from DOSH
website (www.dosh.gov.my)

Factories and Machinery (Building Operations and Works of

Engineering Construction)(Safety) Regulations 1986
Regulations
Safety measures for the followings are also provided under this regulation.
Structural Steel and Precast Concrete Assembly
Cleaning, Repairing and Maintenance of Roof, Gutters,
Windows, Louvres and Ventilators
Catch platforms
Chutes, Safety Belts and nets
Runways and ramps
Ladders and Step-ladders
Scaffolds

Demolition
Excavation work
Material Handling and Storage,
Use and Disposal
Piling
Blasting and Use of Explosives
Hand and Power Tools

Note: For details, please refer to latest Factories & Machinery Act 1967, available at QSHE Resource
Centre or one can download from DOSH website (www.dosh.gov.my)

Penalty for contravening any provisions shall be liable to a

fine not exceeding RM 2,000

CIDB Act 520

Regulations

Penalty

Duties of Contractors
Section 25 : Registration - All contractors must register with CIDB who will
accredit the contractor and impose conditions as it sees fit.

Section 29 : Registration - Any person who fails to register with CIDB shall be Fine min RM 10K up
guilty of an offence.
to max RM100k
Section 30 : Notice to unregistered contractors - CIDB will issue a Notice to Fine RM 5k and up
stop construction works to unregistered contractors. Failure to comply with the to RM 1k per day for
Notice shall be liable to a fine.
continuing offence

CIDB Act 520

Regulations

Penalty

Section 32: Registration of Personnel - All persons engaged as a construction

personnel must be registered with the Board as per Schedule 3 of the Act. Failure
to comply is an offence.
Accreditation- all skilled construction workers (Eg. bar bender, concretor,
welder, construction plant operator) and construction site supervisors must be
accredited and approved by CIDB. Failure to comply by the person and
employer is an offence.

Fine up to RM5k
Fine up to RM5k /
each

Section 33: Accreditation of training institute and construction materials

Training Institutions- CIDB may accredit training institutions and issue
certificates
Construction materials- CIDB will certify Construction Materials (Eg. scaffold, Fine min RM 10K up
Portland cement, hydraulic cement, hot rolled steel bar) which is listed in
to max RM500k
Schedule 4 of the Act. Failure to comply is an offence.
Notice on Non Certified Material CIDB will issue Notice to cease using non Fine RM 50K and up
certified material. Failure to comply is an offence.
to RM 500 per day
for continuing
offence

CIDB Act 520

Regulations

Penalty

Section 34: Obligations of Contractor (must be read in conjunction with

Section 39A)
Levy no amendment introduced
RM 50K or 4 x levy
Duty of contractor submit relevant documents to CIDB, ensure
amount
construction works comply with regulations and ensure that the building
and construction works will not cause risk or injury to any person,
buildings, roads or natural formation in the vicinity during and post
construction.
Breach of duty CIDB will engage relevant specialist to investigate in Fine up to RM500k
matters related to safety of buildings. When there is a breach of duty the
contractor will be penalized. If the contractor does not comply with CIDBs
RM10k per day
directive within the specified time frame an additional fine is imposed
Death caused by breach of duty If death is the result of the Fine up to RM500k
contractor doing any rash or negligent act considered as Breach of Duty, or 2 years prison
the contractor will be punished under the Penal Code as not amounting to
or both
Culpable Homicide.
Construction Site Person controlling construction site has to ensure that Fine up to RM50k
site access and egress is safe and not harmful to health. Failure to or 2 years prison
comply is an offence
or both

CIDB Act 520

Regulations
Section 39A: Offences by corporate bodies etc.
Any director, manager, secretary, officers responsible for the management of the body
corporate may be charged severally or jointly with the body corporate. If the body
corporate is found guilty, the aforementioned person(s) (who is/are charged together
with the body corporate) shall also be deemed to be guilty unless he can prove the as
following.
- that the offence was committed without his knowledge, consent or connivance;
and
- that he took all reasonable precautions and had exercised due diligence to prevent
the commission of the offence.

Fire Services Act 1988

(all amendments up to 01/01/2006)

Regulations

Penalty

Section 8 : Fire-hazard abatement notice

BOMBA may serve notice to occupier or owner of any
premises requiring him to abate fire hazard.

Fine not exceeding RM 5,000 or

to imprisonment for a term not exceeding 3
years or
to both and
RM 100/day for continuing offence

Section 13 : Closing order

If the occupier to owner of any premises fail to abate
fire hazard, BOMBA may apply a court order for
closing order.

Fine not exceeding RM 5,000 or

to imprisonment for a term not exceeding 3
years or
to both and
RM 100/day for continuing offence

Fire Services Act 1988

(all amendments up to 01/01/2006)

Regulations

Penalty

Section 28 : Requirement of fire certificate

Fine not exceeding RM 5,000 or
Every designated premises shall require a fire to imprisonment for a term not exceeding 3
certificate.
years or
The above requirements excludes public religious
to both
worship and house occupied as a single private
dwelling.
Section 57 : Offences of body corporate
Where an offence under this Act committed by a body corporate is proved to have been committed with
the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager,
secretary, or other similar officer of the body corporate, or any person purporting to act in any such
capacity, he as well as the body corporate shall be guilty of that offence

LEGAL REQUIREMENTS
(Safety and Health in Construction)

SUGGESTED COMPLIANCE
MEASURES
(non-exhaustive)

Occupational Safety and Health Act 1994 (OSHA 1994)

Suggested Compliance Measures (non-exhaustive)
Duties of Employers
Section 15 : General Duties of Employers to Employees
Establish management system and review for continuous improvement
Employ competent and trained personal scaffolder, crane operator etc.
Provide adequate trainings induction program, method statement, competency, HIRADC, S&H
Committee, Work At Height etc.
Ensure effective supervision
Establish effective maintenance programs preventive maintenance
Ensure continuous housekeeping dedicated housekeeping team
Periodic inspections and audit internal, 3rd party
Assign roles and responsibilities to every level in the organizations documented and measured
Top/Senior management to actively participate and involve in ensuring OSH management.
Ensure adequate, suitable and safe plants, machinery, tools and equipment are made available.
Employ dedicated team to manage S&H at work site
Welfare facilities
Etc.
Section 16 : Duty to Formulate Safety & Health Policy
Ensure policy remains valid and the contents are clearly communicated and understood by all.

Occupational Safety and Health Act 1994 (OSHA 1994)

Suggested Compliance Measures (non-exhaustive)
Section 17 : Duty to Persons other than their Employees.
Conduct induction programs for visitors, sub-contractors, authorities etc.
Put up adequate and effective signage to alert and warn visitors, sub-contractors, public
Escort visitors inside work site
Provide dedicated and safe pedestrian walkway, traffic diversion etc.
Section 24 : Duties of Employees
Avoid taking short cut
Be aware and abide by the safe work method
Do not horseplay
Discuss with employer to work safely.
Etc.

Section 25 : Not to Interfere

Conduct awareness programs for all
Supervise work and worksite to prevent unsafe acts
Act against habitual unsafe acts

Occupational Safety and Health Act 1994 (OSHA 1994)

Suggested Compliance Measures (non-exhaustive)
Section 27 : Discriminate against Employees
Consult employees in the development and implementation of safe work methods.
Section 30 : Safety & Health Committee
Suitable and adequate employer, employee and sub-contractor reps must be represented.
Committee to perform the following functions
- Develop and review S&H measures
- Carry out studies on incident trends and recommend improvements
- Inspect work site at least every 3 months and recommend improvements
- Investigate incidents, unsafe acts/conditions
Hold meeting at least once in every 3 months or as sooner to commensurate the risk (KVMRT
requirements is for meetings to be held every month)

Occupational Safety and Health Act 1994 (OSHA 1994)

Suggested Compliance Measures (non-exhaustive)
Section 32 Notification of accidents, dangerous occurrence, occupational poisoning and
occupational diseases
Any incident that results in death, serious bodily injury which prevents a person from following
his normal occupation for > 4 calendar days, dangerous occurrence must be notified to DOSH
by the quickest means available followed by official reporting using form JKKP 6.
Any cases of occupational poisoning and disease shall also be reported to DOSH using form
JKKP 7.
All accidents, dangerous occurrence, occupational poisoning and occupational diseases
occurred during particular calendar year (1st January until 31st December) shall be recorded
using form JKKP 8 and submitted to DOSH by 31st of January the following year.
Section 48 Improvement notice and prohibition notice
Comply with the requirement as stated in notice/s and seek follow up inspection from DOSH
before proceeding to work.

Factories and Machinery Act 1967 (FMA 1967)

Suggested Compliance Measures (non-exhaustive)
Section 19 Certificate of fitness
Inspect plants and machinery such cranes, sky-lift, air compressors to ensure PMA and PMT
certificates are available and valid.
Section 20 Duties of persons employed
Conduct awareness programs for all
Supervise work and worksite to prevent unsafe acts
Act against habitual unsafe acts

Factories and Machinery Act 1967 (FMA 1967)

Suggested Compliance Measures (non-exhaustive)
Section 22 Provisions related to health
Dedicated housekeeping team to ensure work site housekeeping are maintained at all time.
Provide dedicated toilets for males and females.
Maintenance of portable toilets, rest area
Provide adequate industrial fans at work site & rest area, ventilation fans for confined area
Provide adequate fluorescent lights, task lights, spot lights
Job rotation to ensure workers get sufficient rest
Periodic health screening to gauge workers health condition
Proper manpower deployment planning to avoid congestion
Periodic pest control exercise

Factories and Machinery Act 1967 (FMA 1967)

Suggested Compliance Measures (non-exhaustive)
Section 26 Training and supervision of inexperienced workers
Employ competent/trained persons
Conduct induction program
Conduct method statement c/w JSA training
Buddy with suitably experienced partner
Supervise the work

Factories and Machinery Act 1967 (FMA 1967)

Suggested Compliance Measures (non-exhaustive)
Section 50 (3) - Offences
Establish S&H Management system
Assign roles and responsibilities to every level in organization
Establish procedures and work instructions to manage S&H.
Conduct briefings/trainings, periodic inspections/audits, SHE committee meetings, campaigns etc.
Provide adequate and suitable health and welfare facilities and maintain
All levels of management to actively participate and involved in S&H programs.
Promptly act on S&H issues raised and keep record
Monitor and measure S&H performance and review to continuously improve
Keep records of all inspections, audits, meeting minutes, health surveillance, HIRADC/JSA review,
method statement briefings, tool box briefings, trainings, performance measurement etc.

Fire Services Act 1988

(all amendments up to 01/01/2006)

Suggested Compliance Measures (non-exhaustive)

Section 57 : Offences of body corporate
Assess fire risk at work site according to construction phase
Implement adequate fire prevention measures such as use of fire blanket, handling and storage of
flammable substances, flashback arrestor and non-return valve for oxy-acetylene cylinders, proper
housekeeping, management of scheduled waste, appointment of fire watcher/warden,
Install adequate and suitable fire fighting equipment such as fire extinguishers, fire blanket
Establishing of Emergency Response Team c/w periodic trainings, drills etc.

LEGAL REQUIREMENTS
(Environment in Construction)
Key Governing Laws And Authorities
AUTHORITIES
Department of
Environmental (DOE)

Department of Irrigation
& Drainage (DID)

Local Authority

ACTS
- Environmental Quality
Act 1974 (EQA 1974)
- DEIA Approval
Condition

- Street, Drainage and

Building Act 1974

- Local Government Act

1976
- Town and Country
Planning Act 1976

Environmental Quality Act 1974 (ACT 127)

Act

Penalty

Section 22 :Restrictions on Pollution of the Atmosphere

Presume to emit, discharge or deposit any environmentally hazardous
substances, pollutants or wastes into the atmosphere if
Placed any matter in a place where it may be released into the
atmosphere;
Causes or permitted the discharge of odours which by virtue of their
nature, concentration, volume or extent are obnoxious or offensive;
Burned any wastes of the trade, process or industry; or
Used any fuel burning equipment not equipped with any device or
control equipment required to be fitted to such equipment

Fine RM 100k
or
5 years imprison
or
both
and to
Further fine RM
1k/day

Section 23 : Restrictions on Noise Pollution

Shall not emit or cause or permit to be emitted any noise greater in
volume, intensity or quality

Fine RM 100k
or
5 years imprison
or
both
and to
Further fine RM
500/day

Environmental Quality Act 1974 (ACT 127)

Act
Section 24 : Restrictions on Pollution of the Soil
Presume to pollute or cause or permit to be polluted any soil or surface of
any soil of any land if
Placed in or on any place where it may gain access to any soil any
matter whether liquid, solid or gaseous; or
Established on any land a refuse dump, garbage tip, soil and rock
disposal site, sludge deposit site, waste-injection well or otherwise used
land for the disposal of or a repository for solid or liquid wastes so as to
be obnoxious or offensive to human beings or interface with
underground water or detrimental to any beneficial use of the soil or the
surface of the land

Penalty
Fine RM 100k
or
5 years imprison
or
both
and to
Further fine RM
1k/day

Environmental Quality Act 1974 (ACT 127)

Act

Penalty

Section 25 : Restrictions on Pollution of the Inland Water

Presume to emit, discharge or deposit any environmentally hazardous
substances, pollutants or wastes into any inland waters if
Placed any wastes in or on any waters or in a place where it may gain
access to any waters;
Placed any wastes in a position where it falls, descends, drains,
evaporates, is washed, is blown or percolates or us likely to fall,
descend, drain evaporate or be washed, be blown or percolated into any
waters, or knowingly or through his negligence, whether directly or
indirectly, causes or permits any wastes to be places in such a position;
or
Caused temperature of the receiving waters to be raised or lowered by
more than the prescribed limits

Fine RM 100k
or
5 years imprison
or
both
and to a
Further fine RM
1k/day

Environmental Quality Act 1974 (ACT 127)

Act

Penalty

Section 27 : Prohibition of Discharge of Oil into Malaysian Waters

Shall not discharge or spill any oil or mixture containing oil into
Malaysian waters

Fine RM 500k
or
5 years imprison
or
both

Section 29 : Prohibition of Discharge of Wastes into Malaysian Waters

Shall not discharge environmentally hazardous substances, pollutants or
wastes into the Malaysia waters

Fine RM 500k
or
5 years imprison
or
both

Section 29A : Prohibition on Open Burning

Shall not allow or cause any fire, combustion or smouldering that occurs
in the open air and which is not directed through a chimney or stack on
any premises including any land

Fine RM 500k
or
5 years imprison
or
both

Environmental Quality Act 1974 (ACT 127)

Act

Penalty

Section 34A : Report on Impact on Environment resulting From

Prescribed Activities
Prescribed activity is any activity that may have significant
environmental impact
A qualified person to conduct an environmental impact assessment and
to submit a report to the Director General
Report shall be in accordance with the guidelines as prescribed by the
Director General
Prescribed activity shall be carry out with compliance with the proposed
measures to be taken to prevent, reduce or control the adverse impact
on the environment that are being incorporated into the design,
construction and operation of the prescribed activity until the report
required is submitted and approved by Director General

Fine RM 500k
or
5 years imprison
or
both
and to
Further fine RM
1k/day

Environmental Quality Act 1974 (ACT 127)

Act
Section 34B : Prohibition Against Placing, Deposit, etc. of Scheduled
Wastes
Ensure obtain written approval from Director general to: Place, deposit or dispose of, or cause or permit to place, deposit or
dispose of, except at prescribed premises only, any scheduled wastes
on land or into Malaysian waters;
Received or send, or cause or permit to be received or sent any
scheduled wastes in or out of Malaysia; or
Transit or cause or permit the transit of scheduled wastes
Section 45 : Compounding of Offences
Delegated Director General or any Deputy Director General, or any
other public officer or any local authority may compound any offence
under EQA 1974 or the regulations made there under

Penalty
Fine RM 500k
and
5 years in prison

Fine RM 2k

Environmental Quality (Control of Emission from Diesel

Engines) Regulations 1996
Regulations
Regulation 10: Maximum Concentration of Smoke shall not exceed
Ringelmann
Maximum concentration of smoke at or near the final point of emission from
the exhaust pipe into the atmosphere shall not exceed Ringelmann No. 2 of
the Ringelmann Smoke Chart for a continuous period of more than 10
seconds when observed in accordance with the procedure as specified in
the Fourth Schedule
Regulation 11: Maximum Density of Smoke Permitted
The maximum density of some at or near the final point of emission from
the exhaust pipe of any motor vehicle when tested under the free
acceleration test with a smoke meter shall not exceed 50 HSU or other
equivalent smoke units or in percentage (%) or other units.

Penalty

Fine RM 2k

Environmental Quality (Scheduled Wastes Regulations

2005)
Regulations
Regulation 16: Compounding of Offences
Offence consists of any omission or neglect to comply with, or any act done
or attempted to be done contrary to these Regulations may be compounded
under section 45 of the Act

Penalty
Fine RM 2k

Environmental Quality (Sewage) Regulations 2009

Regulations
Regulation 12: Prohibition against Sewage Discharge through By-Pass
No person shall discharge, or cause or permit the discharge of sewage onto
and into any soil, or into any inland waters or Malaysian waters through a
by-pass.
Regulation 13: Spill or accidental discharge of sewage
Owner or occupier of premises shall immediately and not more than six
hours from the time of any spillage or accidental discharge directly or
indirectly onto or into any soil, or into any inland water or Malaysian water
inform the Director General.
Owner or occupier shall to every reasonable extent, contain, cleanse or
abate the spill or accidental discharge of sewage
Director General shall determine the full costs and expenses incurred and
may recover such costs and expenses from the owner or occupier of the
premises.

Penalty

Fine RM 100k
or
5 years imprison
or
both
and to a
Further fine RM
1k/day

Environmental Quality (Industrial Effluent) Regulations

2009
Regulations
Regulation 18: Prohibition against Industrial Effluent or Mixed
Industrial effluent Discharge through by-pass
No person shall discharge, or cause or permit the discharge any industrial
effluent or mixed effluent onto or into any soil, or into any inland waters or
Malaysia waters through by-pass.
Regulation 23: Restriction on Discharge or Disposal of Sludge
No person shall discharge, or cause or permit the discharge or disposal of
any sludge generated from any production or manufacturing process, any
industrial effluent treatment system or water treatment plant onto or into any
soil, or surface of any land, or into any inland waters or Malaysian waters
without the prior written permission of the Director General

Penalty

Fine RM 100k
or
5 years imprison
or
both
and to a
Further fine RM
1k/day

Environmental Quality (Clean Air Regulations) 2014

Regulations
Regulation 5: Obligation to Notify
An owner or occupier of a premises shall not, without giving prior written
notification to the Director General
Carry out any change in operation of his premises;
Carry out ay work on any premises that may result in a source of
emissions;
Construct on any land, any building or premises designed or used for a
purpose that may result in a new source of emission;
Make, cause, or permit to be made any change of, to, or in any plant,
machine, or equipment used or installed at the premises that cause a
material change in the quantity or quality of emission from an existing
source; or
Carry out any changes or modification to an existing air pollution control
system.

Penalty
Fine RM 100k
or
2 years imprison
or
both

Detailed Environmental Impact Assessment Approval

Condition
All the penalties / fines in this approval condition is referred back to the Environmental Quality Act
1974 as below:

Regulations

Penalty

Regulation 34A: Report on Impact on Environment resulting From

Prescribed Activities
Prescribed activity shall be carry out with compliance with the proposed
measures to be taken to prevent, reduce or control the adverse impact on
the environment that are being incorporated into the design, construction
and operation of the prescribed activity until the report required is submitted
and approved by Director General

Fine RM 100k
or
5 years imprison
or
both
and to
Further fine RM
1k/day

Street, Drainage & Building Act 1974

Regulations

Penalty

Section 44: Duty Of Owner Or Occupier To Keep Street Clean

The owner / occupier of any premises (including land) abutting streets to
be properly swept and cleaned the dust, dirt, ashes and rubbish.

Fine RM 100 / day

Section 47(2): Depositing Dirt On Streets

Shall not places, deposits, drops, leaves building materials, things or
substances in any public place.
Section 51: Local Authority May Recover Cost Of Improving And
Making Drains, Etc.
Where local authority has made such drainage, culverts, gutters and
water-course, it may recover the cost from that person
Section 55(1): Penalty For Making Unauthorized Drains Into Canal Or
Stream
Permission is needed for:
- Makes a drain into any of the drains, canal or stream under control
of local authority
- Closes up stops or deviates any drains

Fine RM 1000
or
RM 2000 for
subsequent case
Recover the cost

Fine RM 1000

Street, Drainage & Building Act 1974

Regulations
Section 55(3): Penalty For Making Unauthorized Drains Into Canal Or
Stream
No trade effluent shall be discharged into any river, canal, stream, pond,
lake, sea, public drain without prior written notice.
Section 70A : Earthworks
Earthworks shall be commenced with the approval by local authority

Penalty
Fine RM 1000
Fine RM50k or 5
years prison
or both
and to
Further fine
RM500/day

Town & Country Planning Act 1976

Regulations

Penalty

Section 35A: Tree Preservation Order

Shall not felling the trees listed under Tree preservation order without
permission

Fine RM 100k
or 6 months prison
or both
and
Replant

Section 35H: Prohibition To Fell, Etc., Tree With Girth Exceeding 0.8
m
Shall not felling the trees with a girth more than 0.8m even not listed
under Tree preservation order without permission

Fine RM 100k
or 6 months prison
or both

Local Government Act 1976

Regulations
Section 69: Committing Nuisance in Streams, etc.
Shall not commit a nuisance or deposits any filth in or upon the
bank of any stream, channel, public drain or other water-course
within the local authority area.

Section 70: Pollution of Streams with Trade Refuse, etc.

Shall not put, fall or flow the solid or liquid refuse, rubbish or any
other waste in any stream
Shall not flowing the sewage in any stream within the local
authority area.

Penalty
Fine RM 2000
or 1 year prison
or Both
and to
Further fine RM500/day
Fine RM 5000
or 2 year prison
or Both
and to
Further fine RM500/day

LEGAL REQUIREMENTS
(Environmental in Construction)

SUGGESTED COMPLIANCE
MEASURES

Environmental Quality Act 1974 (ACT 127)

Act
Section 22 :Restrictions on Pollution of the Atmosphere
To wet the stockpiles and roads or other dry surfaces with water to prevent dust dispersion
Toilet facilities must be provided and maintained to prevent odour
Open burning is prohibited
To get the written notification from DOE for fuel burning equipment with fuel consumption of
15kg/hr
To conduct air monitoring regularly
Section 23 : Restrictions on Noise Pollution
To limit the noisy work at daytime only, working at night shall get permit
To construct hoarding or noise barrier where necessary
To use silent type machine for air compressor, generator, etc.
Blasting will use 'controlled blasting method'
To monitor the noise regularly
Section 24 : Restrictions on Pollution of the Soil
Waste to be disposed by licensed contractor to the approved dump site
Scheduled waste will be handled according to Environmental Quality (Scheduled Waste)
Regulations 2005

Environmental Quality Act 1974 (ACT 127)

Act
Section 25 : Restrictions on Pollution of the Inland Water
To have designated waste container or area and disposed frequently to the approved dump
site to avoid it pollute the waters
To provide silt trap and related facilities prior to discharge water from construction site
To conduct water monitoring regularly
Section 27 : Prohibition of Discharge of Oil into Malaysian Waters
Scheduled waste will be handled according to Environmental Quality (Scheduled Waste)
Regulations 2005
Workshop and oil storage will be sited away from water course. If not, oil interceptor will be
provided
Section 29 : Prohibition of Discharge of Wastes into Malaysian Waters
To provide silt trap and related facilities prior to discharge water from construction site
Scheduled waste will be handled according to Environmental Quality (Scheduled Waste)
Regulations 2005
Workshop and oil storage will be sited away from water course. If not, oil interceptor will be
provided

Environmental Quality Act 1974 (ACT 127)

Act
Section 29A : Prohibition on Open Burning
Open burning is prohibited
All wastes will be disposed frequently to the approved dump site to avoid it to be burned.

Section 34A : Report on Impact on Environment resulting From Prescribed Activities

DEIA report must be prepared according to EIA Procedure and Requirements in Malaysia
DEIA report will be prepared by the consultant which registered with DOE.
Section 34B : Prohibition Against Placing, Deposit, etc. of Scheduled Wastes
Scheduled waste will be handled according to Environmental Quality (Scheduled Waste)
Regulations 2005
Workshop and oil storage will be sited away from water course. If not, oil interceptor will be
provided

Environmental Quality (Control of Emission from Diesel

Engines) Regulations 1996
Regulations
Regulation 10: Maximum Concentration of Smoke shall not exceed Ringelmann
To ensure all the machineries is well maintained.
To have visual inspection regularly.
Regulation 11: Maximum Density of Smoke Permitted
To ensure all the machineries is well maintained.
To have visual inspection regularly.

Environmental Quality (Scheduled Wastes Regulations

2005)
Regulations
Regulation 16: Compounding of Offences
Scheduled waste will be handled according to Environmental Quality (Scheduled Waste)
Regulations 2005
Workshop and oil storage will be sited away from water course. If not, oil interceptor will be
provided

Environmental Quality (Sewage) Regulations 2009

Regulations
Regulation 12: Prohibition against Sewage Discharge through By-Pass
Toilet facilities must be provided and maintained to avoid sewage discharged to any water or
soil.
To conduct water monitoring regularly

Regulation 13: Spill or accidental discharge of sewage

Toilet facilities must be provided and maintained
Any accidental spillage of sewage should be cleaned immediately

Environmental Quality (Industrial Effluent) Regulations

2009
Regulations
Regulation 18: Prohibition against Industrial Effluent or Mixed Industrial effluent Discharge
through by-pass
To provide silt trap and related facilities prior to discharge water from construction site
To conduct water monitoring regularly

Regulation 23: Restriction on Discharge or Disposal of Sludge

To provide silt trap and related facilities prior to discharge water from construction site

Environmental Quality (Clean Air Regulations) 2014

Regulations
Regulation 5: Obligation to Notify
Open burning is prohibited
To get the written notification from DOE for fuel burning equipment with fuel consumption of
15kg/hr
Modification on the existing air pollution control is not allowed

Street, Drainage & Building Act 1974

Regulations
Section 44: Duty Of Owner Or Occupier To Keep Street Clean
To have designated container & area for waste
Housekeeping will be carried out frequently
Lorry will be washed prior to exit to avoid dirt spilled on the street
Dusty access road will be cleaned by power broom or wetted by water bowser frequently
Section 47(2): Depositing Dirt On Streets
To have designated container & area for waste
Housekeeping will be carried out frequently
Lorry will be washed prior to exit to avoid dirt spilled on the street
Dusty access road will be cleaned by power broom or wetted by water bowser frequently
Section 51: Local Authority May Recover Cost Of Improving And Making Drains, Etc.
The drainage and related facilities will properly plan through ESCP and constructed with the
concern of relevant authorities
Section 55(1): Penalty For Making Unauthorized Drains Into Canal Or Stream
The drainage and related facilities will properly plan through ESCP and constructed with the
concern of relevant authorities

Street, Drainage & Building Act 1974

Regulations
Section 55(3): Penalty For Making Unauthorized Drains Into Canal Or Stream
Water from construction site will be treated with silt trap prior to discharged
Drain to channel the water from silt trap to public drain, canal or stream will be constructed
after authorized by the local authority
To conduct water monitoring regularly

Section 70A : Earthworks

To apply earthwork approval from local authority
To adhere all the approval condition stated in the approval letter issued by local authority

Town & Country Planning Act 1976

Regulations
Section 35A: Tree Preservation Order
Any tree to be cut need to inform/notify the local authority

Section 35H: Prohibition To Fell, Etc., Tree With Girth Exceeding 0.8 m
Any tree to be cut need to inform/notify the local authority

Local Government Act 1976

Regulations
Section 69: Committing Nuisance in Streams, etc.
To provide silt trap and related facilities prior to discharge water from construction site
To conduct water monitoring regularly

Section 70: Pollution of Streams with Trade Refuse, etc.

To have designated waste container or area and disposed frequently to the approved dump site
to prevent the refuses dumped into the streams
Toilet facilities will be provided and maintained to prevent the sewage flow into the stream
To conduct water monitoring regularly