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CHAPTER 1:

SAFETY AND HEALTH


MANAGEMENT
OSHA 1994
OCCUPATIONAL SAFETY AND HEALTH
ACT 1994
Introduction
The Occupational Safety and Health Act 1994
(Act 514) is a piece of Malaysian legislation which
has been gazetted on the 25 February 1994 by the
Malaysian Parliament.
Introduction
Introduction
Code of
Practice
Regulation Order

OSHA
Act Guideline
1994
Act Regulations Orders ICOP Guidelines

11
FMA 1967 2 ORDERS
REGULATIONS

7 code of
54 guidelines
practices

9
OSHA 1994 2 ORDERS
REGULATIONS
occupational health and
regulations Codes of practice Guidelines Order
safety Act
formal description of More detailed set of practical guide on how to Guideline provides OSH Act 1994
health and safety requirements created to achieve the accepted practical guidance to the Occupational Safety and
law passed in a state or support the duties standards of workplace client, employers, self- Health (Safety and Health
territory. established in the OHS health, safety and welfare employed person, Officer) ORDER 1997
It is intended to spell out Act. required in the OHS Act contractors and residents Occupational Safety and
the duties for each group Regulations also need to and Regulations. on how to manage risks, Health (Prohibition of use
that has a role in health be enacted or passed by To be legally binding, a safety, health and welfare of substance) ORDER
and safety in the Parliament in each code of practice has to be when carrying out 1999
workplace. jurisdiction to be legally approved for that construction projects of a
FACTORIES AND
When an Act is passed by binding. jurisdiction. structure.
MACHINERY
Parliament in a This guidance is for
Factories and Machinery
jurisdiction, it becomes people with legal duties
(Exemption to Petroliam
legally binding. under the OSH act and
Nasional Berhad) ORDER
FMA Act.
2013
It explains what they must
Factories and Machinery
or should do to comply
(Exemption of Certificate
with the law and
of Fitness for Hoisting
recommends duties to
Machine) Order 2015
them in order to manage
their projects.
e.g.
Construction industry,
excavation work,
designing scaffolding,
public safety and health,
prevention fall at
workplace, trenching,
tunnel construction

Objective of OSHA 1994
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;
To protect persons at a place of work other than persons at work
against risks to safety or health arising out of the activities of
persons at work;
To promote an occupational environment for persons at work
which is adapted to their physiological and psychological needs;
To provide the means towards a legislative system based on
regulations and industry codes of practice in combination with the
provisions of the Act.
General Duties of Employers & Self-
Employed Persons
Section 15 - General duties of employers and self-employed persons
to their employees.

1. Ensure the safety, health and welfare of all workers while at work
2. This includes:
a) Making arrangements and maintenance of plants and work system
b) Making arrangements for the use, handling, storage and
transportation of the plant and substances (materials).
c) Provision of information, instruction, training and supervision.
d) Provide and maintain workplace / access routes to and from work
areas.
e) Provide and maintain work environment with adequate welfare
facilities.
General Duties of Employers &
Self-Employed Persons
Section 15 - General duties of employers and self-employed persons
to their employees.

Additional Provision:
Employee includes independent contractor engaged by an employer or a
self employed person and any employees of the independent contractor.
General Duties of Employers &
Self-Employed Persons
Section 16 - Formulate a written Safety and Health Policy
Section 17(1) - Conduct operations without endangering the safety of
others non-workers and public.
Section 17(2) - Provide information to others on business operations.
Section 18 - An occupier of non-domestic premises shall take
measures to ensure that the place of work is/are safe and without
risks to health to the persons other than his employees.
General Duties of Employers &
Self-Employed Persons
Section 19 Penalties

A person who contravenes the provisions of Section 15, 16, 17


and 18 shall be guilty of an offence and shall on conviction be liable
to:

Maximum Fine RM50,000;


or Max Imprisonment 2
Years; or Both
General Duties of Employers &
Self-Employed Persons
Section 26. Duty not to charge employees for things done or
provided.

The employer may not charge employees for things done or


provided in pursuance of this Act.
General Duties of Employers &
Self-Employed Persons
Section 27 - Discrimination against employee, etc.

Employer /Trade Union may not discriminate dismiss, injure or


change position of any employee who makes complaint that he is not
safe or is risk to health and also exercises his functions as a member
of the Safety and Health Committee.

Maximum Fine RM10,000;


or Max Imprisonment 1
Years; or Both
General Duties of Employers &
Self-Employed Persons
Section 29 Safety and health officer

Specific industries gazetted.


Employ a competent person to act as a safety and health officer.
Specific responsibilities to ensure compliance to the Act and
promotion of safe work.
Qualification and training requirements.

Maximum Fine RM5,000;


or Max Imprisonment 6
months; or Both
General Duties of Employers &
Self-Employed Persons
Section 30 Establishment of safety and health committee at
place of work.

To be established if:
a. There are 40 or more workers.
b. Instructed by Director General
Membership, selection and appointment as prescribed.
Consultation with employer

Maximum Fine RM5,000;


or Max Imprisonment 6
months; or Both
General Duties of Employers &
Self-Employed Persons
Section 31 Functions of safety and health committee

To review all safety and health measures that have been taken.
Investigate issues concerning occupational safety and health and
bring to attention of employer.
Other functions may be determined.
General Duties of Employers &
Self-Employed Persons
Section 32 Notification of Accidents, Dangerous Occurrence
Occupational Poisoning and Occupational Diseases and Inquiry

Employers to inform the nearest Department of Safety and Health


office (DOSH).
Registered Medical Practitioners should report to the Director
General.
General Duties of Employees
Section 24 General duties of employees at work

a. Ensure personal safety and that of others.


b. Cooperate with employer and others.
c. Properly wear and /or use personal protective equipment that are
provided.
d. Comply to any safety instructions.

Maximum Fine RM1,000;


or Max Imprisonment 3
months; or Both
General Duties of Employees
Section 25 - Duty not to interfere with or misuse things provided
pursuant to certain provisions

An employee who intentionally, recklessly or negligently interfere of


misuse anything provided or done in the interest of safety, health
and welfare in pursuance of the Act shall be guilty of an offence.

Maximum Fine RM20,000;


or Max Imprisonment 2
Years; or Both
Regulations and Orders under OSHA 1994 (Act 514)
Occupational Safety and Health (Employers Safety and Health General Policy
Statement)(Exception) Regulations 1995
Occupational Safety and Health (Control of Industrial Major Accident Hazards) Regulations
1996

Occupational Safety and Health (Safety and Health Committee) Regulations 1996

Occupational Safety and Health (Classification, Packaging and Labeling of Hazardous


Chemicals) Regulations 1997

Occupational Safety and Health (Safety and Health Officer) Regulations 1997

Occupational Safety and Health (Safety and Health Officer) Orders 1997

Occupational Safety and Health (Prohibition of Use of Substances) Orders 1999

Occupational Safety and Health (Use and Standard of Exposure of Chemicals Hazardous to
Health) Regulations 2000
Occupational Safety and Health (Notification of Accident, dangerous Occurrence,
Occupational Poisoning and Occupation Disesases) Regulations 2004
FMA 1967
FACTORIES AND MACHINERIES ACT 1967
(ACT 139)
Introduction

FMA 1967 was the sole OSH legislative reference


pertaining to industries activities.

Factory and Machinery Act 1967 only covers


occupational safety and health in the manufacturing,
mining, quarrying and construction industries,
whereas the other industries are not covered.
Objective OF FMA 1967
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
matters connected therewith.
Workers that are covered by Factory and
Machinery Act 1967 consists only of 24% of the
nations total man power, while Occupational
Safety and Health Act (OSHA) 1994 would
cover 90% of the nations total man power.
Regulations under FMA 1967
(Act 139)
Factories & Machinery (Certificate of Competency Examinations) Regulations
1970
Factories & Machinery (Electric Passenger and Goods Lift) Regulations 1970

Factories & Machinery (Fencing of Machinery & Safety) Regulations 1970


Factories & Machinery (Notification, Certificate of Fitness and Inspection )
Regulations 1970
Factories & Machinery (Person-In-charge) Regulations 1970

Factories & Machinery (Safety, Health and Welfare) Regulations 1970


Factories & Machinery (Steam Boiler and Unfired Pressure Vessel) Regulations
1970
Regulations under FMA 1967
(Act 139)
Factories & Machinery (Administration) Regulations 1970
Factories & Machinery (Compounding Offences) Rules 1978 & Factories
& Machinery (Compoundable Offences) Regulations 1978
Factories & Machinery (Lead Regulations 1984

Factories & Machinery (Asbestos Process)

Factories & Machinery (Noise Exposure) Regulations 1989

Factories & Machinery (Mineral Dust) Regulations 1989


Factories & Machinery (Building Operations and Works of Engineering
Construction) Regulations 1986
Related to Construction
BOWECS 1986
BUILDING OPERATIONS AND WORKS OF
ENGINEERING CONSTRUCTION ( BOWECS)
1986 & OTHER LEGISLATIONS
Introduction
Force on 1st October 1986 Building operations and works of engineering
construction only.
Building operations Construction, structural alteration, repair &
maintenance, demolition of an intended building.
Works of Engineering Construction Construction, extension, installation,
repair, maintenance, renewal, removal, renovation, alteration, dismantling
and demolition.
The regulation stipulated under Factories & Machinery Act and
Regulations.
Part I: Preliminary Definition of
terms
Contractor Person who has entered into a contract for the purpose of carrying
out any building operations or works of engineering construction and includes
main contractor or sub-contractor.
Contractors Safety Supervisor A contractors safety supervisor appointed under
Regulation 26.
Designated Person A competent person appointed by an employer to carry out
any supervision or inspection or to perform any task or duty prescribed by these
Regulations.
Employer Any person who employs another person under contract of service.
Main contractor A person who has entered into a contract with a owner or
lessee of a property or his agent for the purpose of carrying out any building
operation or work of engineering construction.
Professional engineer A Registered Professional Engineer as defined by
Section 2 of the Registration of Engineer Act 1967.
Part II: General Provision
This part describes the general precautions to be taken such as:

Installation of machinery, Drawing hazards, Slipping hazards,


Tripping and cutting hazards, PPE, Electrical hazards, Public
vehicular traffic, Stability of structures, Illumination, Storage of
materials, Disposal of debris, Site safety supervisors, Safety and
health committee.
The difference between Site Safety Supervisor
(SSS) and Safety Health Officer (SHO):
Site Safety Supervisor (SSS):-
Complying the requirements of the Regulations 25, Factories and Machinery (Building Operations and Works
of Engineering Construction)(Safety)Regulations 1986 and is appointed by the main contractor;and
Helps the main contractor to meet the requirements of FMA and any Regulations made thereunder and
promote the safe conduct of work generally within the worksite.
Safety and Health Officer (SHO):-
Complying the requirements of Subsection 29 (2),Occupational Safety and Health (OSHA)and is appointed by
occupier/ employer if the total contract price of the project exceeds RM20 million;and
Helps the occupier/ employer to meet the requirements of OSHA and any Regulations made thereunder and
the promotion of safe conduct of work at the place of work.
Part III: Concrete Work
This part deals with precautions to be taken in the erection and
dismantling of formwork for concrete buildings.
PE must certify all formworks and reshores responsible for
supervision and structure stability.
Erection work supervision conduct regular inspection record all
findings.
Stripping of formwork should not commence until concrete is fully set
in accordance with PEs specification.
Part IV: Structural Steel & Pre-
cast Concrete Assembly

Safety requirements Erection of structural steel and pre-cast concrete


structures.
To control movement of structural members while being hoisted.
Temporary flooring follow up by construction of steel frame building.
Part V: Cleaning, Repairing &
Maintenance of Roof, Gutters,
Windows, Louvers and Ventilation
i) Precautions step need to be taken when working on steep roofs.
ii) Crawling boards or roofing brackets must be installed on roofs at
safe angle.

Part VI: Catch Platforms


i) Catch platform must be erected along the exterior face of
structures to protect the public against falling objects.
ii) Designed and certified by PE.
Part VII: Chutes, Safety Belts & Nets
Chutes or rubbish removal must totally enclosed if angle exceeds 45
degrees from horizontal.
Chutes exceed 12.0m constructed in accordance with PE design and
certification.
Warning notices conspicuous position.
Debris not allow to accumulate to an unacceptable height.
Type and strength of safety belts, safety net and lifelines shall be
adequate and approved by Chief Inspector.
Defective items should be removed from work site. All inspections to
be recorded and kept on work site for inspection by an Inspector.
Part VIII: Runways and Ramps
i) Runways and ramps for vehicles, workers and barrows to be
designed by PE.

Part IX: Ladders & Step-Ladders


i) Securely fixed to avoid slip.
ii) Necessary for work exceeding 1.5 meters in height.

Part X: Scaffolds
i) Scaffolds and their components must constructed from suitable
& sound material and adequate strength.
ii) Working platforms must be adequate size for specific work and
provided with guard-rails and toe-boards.
Part XI: Demolition
i) No part of a building or structure can be allowed to become
dangerously overloaded with debris; and
ii) The work must be done under close supervision of a designated
person.

Part XII: Excavation Work


i) Excavation must be shored or cut back to prevent collapse.
ii) Guardrails must be installed if excavations exceed 3 meters in
depth.
iii) Provide with access if more than 1.2 meters depth.
iv) Inspection must be carried out and recorded.
Part XIII: Materials Handling & Storage and Use &
Disposal
i) All materials in bags, containers or bundles and other materials
stored in tiers must be stacked, blocked and limited to certain
height for stability.
ii) Aisle and passageways to be kept clear to provide free and safe
movement of material handling.
iii) Material disposed from a height of 6 meters to be carried out with
the aid of enclosed chute.

Part XIV: Piling


i) Pile driving equipment to be inspected by competent designated
person.
ii) Pile testing must be conducted under the direct supervision of a
designated person.
iii) Test area is a restricted area to other workers.
Part XV: Blasting and Use of Explosive
i) Explosives must be handled under immediate control of a
competent designated person.
ii) When explosives are fired, employees must not be exposed to
risks of injury from the explosion or flying materials.

Part XVI: Hand and Power Tools


i) Hand and power tools must be maintained in safe and good
working condition.
ii) The use of hand tools, electric, pneumatic, fuel, hydraulic and
power driven equipment also elaborate under this part.

Part XVII: Miscellaneous


i) Failure to comply provisions made under these Regulations shall
liable the offender to a fine not exceeding RM2,000.00.
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