XBLR3101 - OSH Legislation

FACULTY OF SCIENCE AND TECHNOLOGY

CHE ROZILAN AB. RAHIM
JKKP IS 127/438/2/1932
rozilan@oum.edu.my
Week 1-2
FEBRUARY 19, 2012
 Course Content:
1: Factories and Machinery Act 1967 √
2: Regulations Related to Safety Under FMA 1967 – Part 1√
3: Regulations Related to Safety Under FMA 1967 – Part 2
4: Regulations Related to Health Under FMA 1967
5: Other Regulations under FMA 1967
6: Occupational Safety and Health Act (OSHA) 1994
7: Occupational Safety and Health Regulations (Part 1)
8: Occupational Safety and Health Regulations (Part 2)
9: Occupational Safety and Health Regulations (Part 3)
10: (i) Comparison between OSHA 1997 and FMA 1967
(ii) Other Safety Legislation
 XBLR3101 - OSH Legislation
Topic 3, 4 & 5)

Regulations Related to Safety

Under FMA 1967
 1. Steam Boilers and Unfired Pressure
Vessels, Reg. 1970
• To authorized safe working pressure had been assigned
to any type or class of steam boiler or unfired pressure
vessel
• Manufacturer or importer of any steam boiler or unfired
pressure vessel to obtain the permission from the Chief
Inspector
 DOSH may accept the design & operation details of the item
and issue an authorized safe working Pressure (SWP)
• Steam boilers and UPV (autoclaves, sterilizers & gas
cylinders) must comply to codes listed in the Schedules
• Details on safety fittings required on a steam boiler and
burner system of steam boiler, air receiver, steam receiver
& other UPV
 1. Steam Boilers and Unfired Pressure
Vessels, Reg. 1970
• Piping associated with steam boiler
• Procedure for hydrostatic test before put into service and
7 year intervals
• Registration plate that display registration number
 2. Persons-in-Charge, Reg. 1970

• To List down and explain briefly the machinery that

requires a person-in–charge.
• (b) List down four (4) machineries that are exempted by
the
• Regulations to have a person-in-charge to operate it.
• (c) List down two (2) duties of the Visiting Engineers.
• (d) Under Regulation 20, training must be given to
operators of certain machineries. List down four of these
machineries. How long is the training?
• (e) Company SS plans to purchase a steam boiler with a
heating surface capacity of 1,500 square feet. Based on
the said Regulations, who can take charge of the boiler?
 3. Electric Passenger and Goods Lift,
Reg. 1970
• List down the Parts of these regulations that shall apply to
all electric passenger and goods lifts.
• legal requirements that must be taken by the lift owner in
obtaining DOSH approval for the installation of a lift?
• the lift owner’s responsibilities for the maintenance of the
lift
• the competent person & his responsibilities
• Part II requirements on the design, construction,
installation and test. In general, the provisions
• (f) annual inspection - the registration number PMA, info
of person to be contacted in the event of any lift
breakdown posted at the ground floor landing. penalty
4. Notification, Certificates of
Competency & Inspection , Reg. 1970
• List to notify the occurrence of an accident at his factory;
 The Form used
• The requirements on taken hearing impairment due to noise
exposure;
• Part III - the types of inspection
• Preparation of an unfired pressure vessel regular inspection by
DOSH
• A hoisting machine repair requirement
• Inspection fees conducted base on;
 Type of inspection
 working floor area
 5. Fencing of Machinery and Safety,
Reg. 1970
• Revised in 1983. Applies to all driven machine, prime mover and
transmission machinery (Grinding, polishing, rollers,
woodworking, spindle mounting, agitating, conveyors etc.)
• Examination of machinery is not in motion; by trained male
person > 20 years; no loose end clothing; buddy system; no
servicing works done by hand
• Guard-rails clearance to the nearest exposed moving part 12” –
20”; (Flywheel, electric generator, motor or rotary converter)
• Exhaust gases shall be led to open air; pipe
covered; effectively silenced.
• No fuel storage or service tank installed directly
above any combustible engine
 5. Fencing of Machinery and Safety,
Reg. 1970 (Continue)
• Transmission of machinery:
 all shafting ,
 pulley 6’6” from any floor/platform
• Close fitting covers flush or guard-rails for trench or pit for
machinery housing and transmission machinery; and toe-guards
(>4”)
• No mounting & dismounting belts while
machinery in motion, use belt perches
• Power cut-off devices & stopping devices
• Driven machinery (grinding, polishing, rollers, woodworking,
spindle mounting, Agitating, Conveyors etc.)
• Schedule 1st. -7th.(Spec. of guards, railings, protection hoods,
flanges, bridge guards)
6. Safety, Health and Welfare , Reg. 1970
• Installation of machines and measures to be taken:
 Working at height >10’
 Confined space
 the space area requirement
 Provisions on personal protective equipments
• Reg. 23: cleanliness, a factory must be kept white-washed or
colour-washed and the white-washing or colour washing must
be done at least once every twelve months.
 Define the class, description, parts of factory that are exempted
from this Regulation.
• The intensity of illumination standard (the standard of lighting)
• The arrangement for sanitary convenience
• First aid treatment for all employees.
• Volatile flammable chemicals were found not securely closed
when not in use.
 7. Building Operations and Works of
Engineering Construction, Reg. 1986
• The construction of any railway line or siding and structural
alteration or repair (including re-pointing and re-painting) or
demolition of any dock, harbor, inland navigation, tunnel, bridge,
viaduct, waterworks or gas holder
• Applies in addition to any other relevant FMA or regulation
requirements, i.e. certificate of fitness for hoisting machine,
guarding of fitness for hoisting machine, guarding of dangerous
parts of machinery.
• General precautions that should be taken by:
 Designated Person,
 Main Contractor, Scaffold,
 The Site Safety Supervisor in the Plant
 the duties of a Site Safety Supervisor; min 8 hours spend
performing work related
 8. Persons-in-Charge, Reg. 1970

• 4 type machineries that requires a person-in–charge.

• List of 4 machineries that are exempted
• Duties of the Visiting Engineers.
• Regulation 20, training must be given to operators of
certain machineries. How long is the training?
• Steam boiler – boilerman (a heating surface capacity of
1,500 square feet
 9. Building Operations and Works of
Engineering Construction, Reg. 1989
• Safety committee requirement
• Safe access for two-and-a-half storey shop lots requirement
• List of PPE – hazards under FMA.
• Prohibition of wooden ladder be used in a construction site
• The requirements on usage of vehicles in a construction site
for the movement of materials.
• Excavation and demolition work – the requirements
• The erection of scaffolding requirements
• The requirements on safety belt.
• The requirement of hand-and-power tools
 XBLR3101 - OSH Legislation
Topic 3, 4 & 5)

Regulations Related to Health

Under FMA 1967
 10. Lead, Reg. 1984
• Specify a range of duties and controls
• Health surveillance (blood test) and administrative controls
• Lead & Lead process :-
 Smelting of ores containing lead;
 Lead burning;
 Melting or casting of lead; soldering
 Buffing; and
 Manipulation, movement or other treatment of lead in particulate or molten
form

• Key features:
 Permissible exposure limit (PEL) of 150 µgm of air avearge over an 8 hour
period
 Protective factor may be taken into account when respiratory protection is
worn
 Employer are required to carry out atmospheric monitoring
 Personal samples to be taken from employees exposed to lead

• Specific details of monitoring program;

 10. Lead, Reg. 1984
• Specific a range of duties and controls
• Health Surveillance (blood test ) and administrative control
• Key features:
 Permissible exposure limit (lPEL) of 150 µgm3 of air average over an 8 hour
period
 Protective factor may be taken into account when respiratory protection is
worn
 Employers are required to carry out atmospheric monitoring
 Personal samples to be taken from employees to lead

• Specific details of monitoring program:

 Initial determination made using representative sample or worst case
(highest exposure)
 Monitoring fro all employees exposed above action limit
 Frequency of monitoring – at least every 6 month for exposure below PEL
and above action level (75 µgm3)
 Every 3 month for exposures above PEL
 Employees must be notified of results
 10. Lead, Reg. 1984 (Continue..)

• A Specify engineering control and work practices to be used

• Specify respiratory protection base on airborne concentration of lead
• Employer to provide other forms of protective equipment (coveralls,
gloves, goggles, shoes etc.) and ensure employees use them
• Employer is to arrange for their cleaning and storage
• Provide change room and shower facilities
• Provide medical surveillance program for all employees exposed above
the action level for >30 days per year
• Frequency of biological monitoring is specified as well as the frequency
of medical examination
• Temporarily removed an employees from exposures above the action
level where blood levels are above 80 µgm/100 gm for females of child
bearing capacity
• Employee training requirements
• To procedure for record keeping – 30 years
• Penalty – RM2,000.00
11. Asbestos Process, Reg. 1986
• Establishes a PEL of 1 fiber/ml of air over 8 hours average period
• Requires exhaust equipment (LEV) to be provided in order to keep
exposures below PEL
• Requires equipment to be examined and tested at specific intervals by
a competence person
• Provide PPE in the prescribed area or where concentration exceed
PEL
• Obligation on employees to use PPE, cleaning and housekeeping
• Personal monitoring at least at 3 monthly intervals to comply with
regulations
• Medical examination of employees at least every 2 yeas (lung funtcion
test) – specify details of test
• Provide employees with training on the process controls, PPE and
medical surveillance (Medical records kept for 20 years)
• Removal employees from work area if there is indications of asbestos
related diseases
12. Noise, Reg. 1989
• All factories - in any occupation involving exposure to excessive noise
level PEL 90 dB(A); Action level 140 dB(A);
• Employer obligation - Employee exposure monitoring by competent
Person (noise dosimeter, Sound level meter) to determine if any
employee may be exposed to noise level at or above the action level
when employee is not using a hearing protection device
• Audiometric testing Program (Reg. 20):
 (a) be conducted by a technician under the supervision of a registered
medical practitioner;
 (b) be preceded by a period of quiet of at least f14 hours;
 (c) be carried out in a room with background noise level meeting the
requirements specified in the Second Schedule;
 (d) be of pure tone, air conduction, test frequencies including 500, 1000,
2000, 3000, 4000 and 6000 Hz taken separately for each ear.
• Additional exposure monitoring (every 12 month) – failure of
administrative & engineering control; hearing protection device (correct
fit, compatible, no prejudice)
• PPE - issuance, maintenance, inspection and training & record keeping
(occup. History, past ear diseases and exposure to noise). Warning sign.
 13. Mineral Dusts, Reg. 1989
• In any mineral process, employers to provide and employees to use
protective clothing, respiratory equipment and other PPE
• Report any defect in the equipment , PPE
• Sand blasting is prohibited unless written approval from DOSH is
obtained
• PEL for mineral dust (<1% silica) of 5 mg.m3 respirable and 10 mg/m3
total
• PEL of 0.1 mg/m3 quartz and 0.5 mg/m3 cristobalite and trydimite
• To carry out atmospheric monitoring:
 Initial monitoring of all employees in processing area - collect personal
samples for full shift, or for at least seven continuous hours, including at least
one sample from each shift for each job classification in each work area.
 Every 6 month for exposure between action level and PEL
 Every 3 month for exposure above PEL
 Employees must be notified of the results

• Control equipment to remove dust (engineering control)

• Inspect and maintain equipment
13. Mineral Dusts, Reg. 1989 (continue..)

• To use of the changing room and the locker or lockers for changing and
storage of street clothing, protective clothing, respiratory protective
equipment and other PPE;
• Medical examination of employees exposed above action level
 Medical records to be kept for 20 years
 In case of Pneumoconiosis - additional exposure monitoring,

• Control Equipment to remove dust (engineering control) ;

 Water spray - cover the entire surface of the mineral processing area water
spray, free of particles > 0.5 mm in diameter, acid-free.
• Respiratory protective equipment to, and ensure its use –
 whenever control equipment provided in pursuance to regulation 14 does
not reduce employee exposure to or below the limits specified in regulation
6; or
 where an employee is employed in a prescribed area or doing a prescribed
work;
 after an employee has been diagnosed to suffer from an early stage of
pneumoconiosis.
13. Mineral Dusts, Reg. 1989 (continue..)

• Housekeeping requirements:
 All surface in a mineral processing area shall be maintained, cleaned
 free from accumulations of mineral dust.
 Floor, at least once in each day that a mineral process is carried on; and
workbenches, more frequent intervals

• Provide training for employees on the regulations, nature of opration,

control equipment and medical examination &Record keeping
• warning sign
XBLR3101 - OSH Legislation
Topic 3, 4 & 5)

Other Regulations under FMA

1967
 14. Administration, Reg. 2010
• the purpose – to set out the administration by DOSH officer of
FMA and regulations
• List of fees charged for an officer’s service
• Describe the records that must be kept by DOSH personnel
• DOSH must provide a report on the administration of the Act
and regulations to the minister every year.
15. Certificates of Competency - Examination,
Reg. 1970
• the purpose of these Regulations & its requirements
• Should factory employers comply with these regulations
• the members of panel of examiners & List of examinations
• A person undergo competency examination.
• The driver’s certificate of competency - misconduct. List down the
offences that can be regarded as ‘serious misconduct’.
• to be used by another person the penalty
• Schedules - the Schedules.
16. Compounding of Offences, Reg. 1978
• Some offences can be compounded
• Compounding is an agreement to receive of money from an offender
instead of prosecuting him
• Describe offices that can be compounded
• Rules give procedures to be followed by DOSH for compounding an
offence
17. Compoundable Offences, Reg. 1978
• Describe the compoundable offense & who are allowed to compound
• List of offences under the Factories and Machinery Act
 Fencing of Machinery and Safety regulations
 Safety, Health and Welfare Regulations 1970
 notification, Certificate of Fitness and Inspection) Regulations