TOPIC 1 : Safety Law and

Regulation
 What is occupational safety and health
(OSH) ?
Discipline with a broad scope involving many specialized fields that should aim
in:
 the promotion and maintenance of the highest degree of physical, mental
and social well-being of workers in all occupations
 the prevention among workers of adverse effects on health caused by their
working conditions
 the protection of workers in their employment from risks resulting from factors
adverse to health
 the placing and maintenance of workers in an occupational environment
adapted to physical and mental needs
 the adaptation of work to humans
 The important of occupational safety
and health

 Ensure work quality and speed

 Create good relationship
 Uplift/maintain corporate image
 Moral obligation
 To meet/fulfill the legal requirements
Historical perspective of development
OSH

 In the early state of country development, the economic

structure depended heavily on agricultural and mining based
activity.
 The growth of these sectors introduced various hazards to
workers.
 The Selangor Boiler Enactment in 1892 was the first legislation
to address industrial safety issues.
 Then follow by The Perak Boiler Enactment in 1903, The
Pahang Enactment in 1908 and The Negeri Sembilan
Enactment in 1908.
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 In 1913, The Machinery Ordinance was enacted to ensure

safety of machinery including boiler and internal combustion
engines.
 The Machinery Ordinance 1913 was updated in 1932
(Machinery Enactment 1932) with additional provisions on
registration and inspection of machinery installation.
 The Machinery Ordinance of 1953 superceded all previous
legislation related to industrial safety, and was enforced in all
the 11 states of Malaya under the jurisdiction of Machinery
Department, Ministry of Labour.
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The scope of OSH legislation in Malaysia:

 Boiler Safety before 1914

 Machinery Safety before 1914 – 1952
 Industrial Safety 1953 – 1967
 Industrial Safety and Health 1970 – 1994
 Occupational Safety and Health after 1994
 FACTORIES AND MACHINERY ACT
(FMA) 1967 or ACT 139

 In 1960s, the government implemented a policy to move

towards industrialization. This resulted in an increasing number of
workers in the manufacturing sector such as microelectronics,
chemical and mineral based industries, and in later years textile
and automobile industries.
 In order to manage the safety and health problems associated
with manufacturing industries, the Factory and Machinery Act
(FMA) was enacted in 1967 and enforced by the Factories and
Machinery Department under the Ministry of Human Resources
(previously known as Machinery Department). The name was
changed to reflect changes in coverage.
 FMA 1967 consists of :

 6 Parts:
- Preliminary (Part I)
- Safety, Health & Welfare (Part II)
- Persons in Charge & Certificate of Competency (Part III)
- Notification of Accident, Dangerous Occurrence & Dangerous
Disease (Part IV)
- Notice of Occupation of Factory & Registration and Use of
Machinery (Part V)
- General (Part VI)
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 3 Schedules:
- First Schedule (Dangerous Occurrence)
- Second Schedule (Serious Bodily Injury)
- Third Schedule (Notifiable Industrial Diseases)

 59 Sections
- 15 Regulations – were introduced in 1970 to further strengthen the
FMA 1967.
 Regulations Year

Certificate of Competency-Examination 1970

Electric Passenger and Good Lift 1970
Fencing of Machinery and Safety 1970
Notification of Fitness and Inspections 1970
Person-In-Charge 1970
Safety, Health & Welfare 1970
Steam Boiler & Unfired Pressure Vessel 1970
Administration 1970
Compounding of Offences 1978
Compoundable Offences 1978
Lead 1984
Asbestos Process 1986
Building Operations and Works of Engineering Construction 1986
(Safety)
Noise Exposure 1989
Mineral Dust 1989
 Machinery Regulation

 FMA 1967 is to provide for the control of factories on matters

relating to the safety, health and welfare of persons, and the
registration and inspection of machinery.

 The objectives of these machinery regulations are:

 toprevent the occurrence of accidents due to use and
handling of machines in factories
 provide standard minimum requirements for the protection of
worker safety
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Machinery regulations strategies for protection workers are by:

 setting standards for machinery which are hazardous or have high risk
 identifying and assessing level of risk/hazard of the vehicle being handled as
well as the surrounding environment
 reducing exposure through:
 engineering controls
 administration procedures
 personal protective equipment

 provision of standard for the protection of those handling hazardous machinery

 creating awareness among workers through the provision of training and
information
 Machinery regulations under FMA 1967

 Factories and Machinery (Electric Passenger and Goods Lift)

Regulations 1970
 Factories and Machinery (Fencing of Machinery and Safety)
Regulations 1970
 Factories and Machinery (Steam Boilers and Unfired Pressure
Vessel) Regulations 1970
 Factories and Machinery (Building Operations and Works of
Engineering Construction) (Safety) Regulations 1986
 Provisions important aspects:

 Competent persons
 Maintenance, inspection and testing of machinery and
installations
 Approvals for hazardous machinery (certified)
 Approvals for machinery installations
 FACTORIES AND MACHINERY (ELECTRIC
PASSENGER AND GOODS LIFT)
REGULATIONS 1970
 Apply to all electric passenger and goods lift. The owner of such lifts
must submit the design details to the Chief Inspector in order to get
the Inspector’s approval.
 These Regulations outlined the provision for:
 approval for lift installation
 design, construction, installation and testing of lift (lift load
capacity, lift safety equipment, operations and control and
testing)
 maintenance of lift
FACTORIES AND MACHINERY (FENCING OF
MACHINERY & SAFETY) REGULATIONS 1970

 Seven Schedules under these Regulations give further specifications

for the materials and dimensions of machinery guards:
 First – specification and types of guards
 Second – construction of rails
 Third – construction of hood for abrasive wheel
 Fourth – construction of flange for abrasive wheel
 Fifth – specifications for guards for mee rollers
 Sixth – specifications for guards for crepe rubber machines
 Seventh – specifications for guards for punch press
 FACTORIES AND MACHINERY (STEAM
BOILER & UNFIRED PRESSURE VESSEL)
REGULATIONS 1970
 These Regulations are applicable to all boilers and unfired pressure
vessels that have not yet been assigned authorized safe working
pressure by Chief Inspector.

 Four Schedules under these Regulations:

 Material codes – boilers and UPV
 Design codes – boilers
 Design codes – UPV
 Inspecting authorities – boilers and UPV
 FACTORIES AND MACHINERY (BUILDING
OPERATIONS & WORKS OF ENGINEERING
CONSTRUCTION) (SAFETY) REGULATIONS 1986
 Applicable to building operations and works of engineering construction only
 These Regulations stipulated the provisions for:
 Hazards and safety elements
 Safety Supervisors requirements
 Safety and Health Committee requirements
 Responsibilities of safety supervisors
 Inspection and supervision requirements
 Safety controls for construction and engineering works/activities
 Methods of construction and design
 Provision of maintenance
 Approval of design by professional engineer
 WELFARE REGULATIONS

 Provisions of first aid and welfare facilities e.g. drinking water, toilets and
washing facility were included in the Safety, Health and Welfare Regulations
1970.
 Provides the basic needs and requirements for a safe working environment.
These include:
 Provisions of safe means of access and safe place of work including edge
protection on floor openings and stairs
 persons exposed to explosive, inflammable etc, substances
 lifting of weights
 provisions against fire
 construction of machinery
 dangerous part of machinery
 projecting material
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 machinery for hire or sale

 machinery manufactures or repaired
 certificate of fitness
 duties of persons employed
 duties of occupier
 provisions relating to health
 exposure to elements
 workplace cleanliness
 requirements on lighting, ventilation and climate
 personal protective clothing & appliances
 provisions and maintenance relating to welfare facilities such as toilets, drinking
water, washing facilities and first aid.
 HEALTH REGULATION

 From 1984 to 1989, four regulations addressing specific health

hazards in the workplaces were introduced – lead, asbestos,
noise and mineral dust.

 Objectives of these health regulations are:

 toprevent the occurrence the diseases due to excessive use
and exposure to lead, asbestos, mineral dust and noise
 formulation of minimum standards to protect workers exposure
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 Provisions for assessing:

 exposure at the workplace
 establishing permissible exposure level (PEL)
 control measures including medical and health surveillance
provisions
 competence and training program were common to all
these regulations
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Health regulations strategies for protection workers are by:

 determining exposure limits
 identifying and assessing level of exposure
 reducing exposure using:
 engineering controls
 administration procedures
 personal protective equipment
 early detection of disease through health surveillance
 creating awareness among workers through the provision of training and
information
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Health regulations under FMA 1967:

 Factories and Machinery (Lead) Regulations 1984

 Factories and Machinery (Asbestos Process) Regulations
1986
 Factories and Machinery (Noise Exposure) Regulations 1989
 Factories and Machinery (Mineral Dust) Regulations 1989
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Provisions important aspects:

 Competent persons
 Maintenance, inspection and testing of control equipment
 Approvals for monitoring and testing equipments
 Approvals for Personal Protective Equipment
 FACTORIES AND MACHINERY (LEAD)
REGULATIONS 1984
These Regulations are applicable to:
 all factories processes where lead is used
 does not apply on construction sites of works of engineering
construction
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Key features of the Regulations include:

 the permissible exposure limit (PEL)

 protection factor may be taken into account when respiratory
protection is worn, if other requirements are met
 employers are required to carry out atmospheric monitoring
 provisions of change-rooms and shower facilities
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 engineering controls to be adopted to control employees

exposure limit, if adequate respiratory protection to be
provided
 arrangements and provisions of medical surveillance
program for all employees exposure above the action level
 frequency of biological monitoring and medical examination
 requirements to temporarily remove an employee from
exposure
 requirements on training and procedures for record keeping
 FACTORIES AND MACHINERY (ASBESTOS
PROCESS) REGULATIONS 1986
These Regulations are applicable to:

 all factories where there are asbestos processes

 does not apply on construction sites of works of engineering
construction
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Manufacturing process which involves asbestos except

processes where:

 the quantity of asbestos dust produced does not exceed the

permissible exposure limit; or
 cleaning of premise, equipment and factory facilities
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 These Regulations described arrangements and precautions to

be taken when handling asbestos.

 These Regulation applicable to :

 establishment of permissible exposure limit (PEL)
 requirements on exhaust equipment to keep exposures
below PEL and the equipment to examined and tested at
specified intervals by competent person
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 duties of employer to provide protective equipment in a

prescribed area or where the concentration exceeds PEL, this
may include respiratory protection

 places obligations on employees to use the protective

equipment

 specifies requirements on housekeeping and cleanliness

 provision of training for employees on the process, controls,
protective equipment and medical surveillance

 employers to arrange for personal monitoring on employees

at least once in three months intervals

 employers to arrange for medical examinations of employees

at least once in every two years – details of the test specified
 FACTORIES AND MACHINERY (NOISE
EXPOSURE) REGULATIONS 1989
 These Regulations are applicable to all industries where workers
are exposed to excessive noise.

 This Regulation included :

 establishment of permissible exposure limit (PEL)
 method of compliance by engineering and/or administrative
controls, protective equipment can be used only if these are
not practicable
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 requirements on initial and ongoing monitoring for

employees exposure above the action level
 provision of hearing protection for employees exposure
above PEL
 audiometric testing to be carried out every year if exposure
is above PEL or there is a threshold limit
 employees to be trained in aspects of legislation, effects of
protective equipment and audiometric testing
 FACTORIES AND MACHINERY (MINERAL
DUST) REGULATIONS 1989
 These Regulations are applicable to all factories where there
are processes using mineral dust.

 These Regulations are summarized as the followings:

 establishment of permissible exposure limit (PEL)
 occupier to provide protective clothing, respiratory
equipment and other protective equipment
 employees to use and wear the equipment provided and to
report any defects
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 sand blasting is prohibited unless written approval from Chief

Inspectors is obtained

 occupier to carry out initial and periodic atmospheric testing

 occupier to use control equipment to remove dust and such

equipment must be regularly inspected and maintained

 provisions of personal protective equipment

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 requirements and arrangements for medical examination for

employees exposure above the action level at periodic
intervals

 medical reports to be kept for at least 20 years by occupier

 provisions of training on the regulations, nature of operations,

control equipment and medical examination
 OCCUPATIONAL SAFETY AND HEALTH
ACT (OSHA) 1994 or ACT 514

 The Occupational Safety and Health Act (OSHA) 1994 - Act

514 was gazetted on 24th February 1994.
 This Act is a practical tool superimposed on existing safety and
health legislation.
 It is enforced by the Department of Occupational Safety and
Health (DOSH), a government department under the Ministry
of Human Resources Malaysia.
 emphasizing on self-regulation and duties of employer,
employee and designer/manufacturer.
 Employer’s Duties

 provision of a safe system of work

 training

 maintenance of work environment

 arrangement for minimizing the risks at low as reasonably

practicable.
 Occupational Safety and Health
Act (OSHA) defines the general
duties of :
 Employers
 Employees
 The self-employed
 Designers
 Manufacturers
 Importers and suppliers of plant or substances.
 Aims of OSHA are :

 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 person 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.
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 to promote an occupational environment for persons at work

which is adapted to their physiological and psychological
needs.
 to provide the means whereby the associated occupational
safety and health legislation may be progressively replaced by
a system of regulations and approved industry codes of
practice operating in combination with the provisions of this
Act designed to maintain or improve the standards of safety
and health.
 Occupational Safety Health Act
consist of :
 15 Parts:
 Preliminary (Part I)
 Appointment of Officers (Part II)
 National Council for OSH (Part III)
 General Duties of Employers and Self-Employed Persons
(Part IV)
 General Duties of Designers, Manufacturers and Suppliers
(Part V)
 General Duties of Employees (Part VI)
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 Safety and Health Organisations (Part VII)

 Notification of Accidents, Dangerous Occurrence,
Occupational Poisoning and Occupational Diseases and
Injury (Part VIII)
 Prohibition against Use of Plant or Substance (Part IX)
 Industry Codes of Practice (Part X)
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 Enforcement of Investigation (Part XI)

 Liability of Offences (Part XII)
 Appeals (Part XIII)
 Regulations (Part XIV)
 Miscellaneous (Part XV)
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 3 Schedules:

 First Schedule (Application of Act – Subsection 2(2))

 Second Schedule (Members of the Council – Section 10)
 ThirdSchedule (Occupation involving special risk to health
– paragraph 28(1)(d))
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 67 Sections
 Several Regulations and Orders were made under OSHA
1994. Guidelines and Code of Practices have been issued by
DOSH under the OSHA 1994.
 Regulation Year
Employer’s Safety and Health General Policy Statement 1995
(Exception)
Control of Industrial Major Accident Hazards 1996
Safety and Health Committee 1996
Classification, Labelling and Safety Data Sheet of 2013
Hazardous Chemicals
Safety and Health Officer 1997
Safety and Health Officer Order 1997
Prohibition of Use of Substance 1999
Use and Standards of Exposure of Chemicals Hazardous 2000
to Health
 Regulation Year
Guidelines for Public Safety and Health at Construction Site 1994
Guidelines on First Aid Facilities in the Workplace 1996
Guidelines on Occupational Safety and Health in the 1996
Office
Guidelines for the Classification of Hazardous Chemicals 1997
Guidelines for Labelling of Hazardous Chemicals 1997
Guidelines for the Formulation of a Chemical Safety Data 1997
Sheet
Guidelines on Control of Exposure to Dust in the Wood 1998
Processing Industry
Guidelines on Safety and Health in the Wood Processing 1998
Industry
Guidelines on Reduction of Exposure to Noise in the Wood 1998
Processing Industry
 Regulation Year
Guidelines on Occupational Safety and Health in Tunnel 1998
Construction
Guidelines for the Preparation of Demonstration of Safe Operation 2001
Document (Storage of Liquified Petroleum Gas in Cylinder)
Guidelines on Medical Surveillance 2001

Approved Code of Practice for Safe Working in a Confined Space 2001

Approved Code of Practice on HIV/AIDS in Workplace. 2001
Guidance for the Prevention of Stress and Violence at the 2001
Workplace
Code of Practice on Prevention and Management of HIV/AIDS at 2001
the Workplace
Guidelines on Occupational Safety and Health for Standing at 2002
Work
Guidelines on Occupational Safety and Health in Agriculture 2002
 OCCUPATIONAL SAFETY AND HEALTH (USE
AND STANDARDS OF EXPOSURE OF CHEMICAL
HAZARDOUS TO HEALTH) 2000

A health regulation under the OSHA 1994. Rational:

 To provide a legal framework for employers in the control of

use of chemicals hazardous to health
 To provide a set exposure standards in the protection of
worker health
 To promote the excellence in the management of chemicals
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 These Regulations are applicable to all places of work, which

are within the jurisdiction of the Act where chemicals
hazardous to health are being used, except chemicals, which
are:
 Defined as radioactive under Atomic Energy Licensing Act
1984
 Foodstuffs

 Hazardous to health solely by virtue of their explosive or

flammable properties
 Pharmaceutical products
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Provisions important aspects:

 Permissible Exposure Limit (PEL)

 Actions to control exposure – engineering controls,
administrave controls and use of PPE
 Exposure monitoring
 Health surveillance
 Medical transfer protection
 Record keeping
“
Thank You..
”