INTRODUCTION TO

MDM SITI FARHANA BINTI ZAINAL BAKRI

LECTURER 1
FACULTY OF ENGINEERING & TECHNOLOGY
CHAPTER 2:
2.1 INTRODUCTION TO OSH LEGISLATION

2
Learning Objectives
To differentiate the To explain the
Statutory Law and employer liability in
Common Law. Duty of Care.

To list a chronology of
OSH legislation in
Malaysia.

3
Introduction

Occupational
safety and health
(OSH) is a basic
human right for
safety at
workplace.

4
CONCEPTS OF OCCUPATIONAL SAFETY AND
HEALTH

Accident prevention is an essential part of

good management and workmanship.
Management and workers must cooperate .
Top management must take the lead.
A define and known safety and health
policy.
Organization and resources to achieve
policy. 5
Best available knowledge and methods.
OSH Legislation
Statutory
Law Enacted by Parliament
Break the rule is illegal
Punishment in term of
detention in prison and
charge.

Result was based on

lawyer and Civil Courts.
Common Those that have any
Law injury, can claimed to the
responsible persons.
Any compensation is in 6
currency.
Employer Liability in Duty Of Care

Injury towards:

Worker (individually).
Other workers due to discipline problem and
careless, or an agent that carry out a task for
an employer.
Table Saw Injury

Penetrating Nail gun. Crush Of Forefoot

Hand Injuries
Chronology of OSH Legislation in Malaysia

The Selangor Boiler Enactment 1892

The Perak Boiler Enactment 1903
The Pahang Boiler Enactment 1908
The Negeri Sembilan Boiler Enactment 1908
Federal Machinery Enactment 1913
Machinery Ordinance 1953
Factories & Machineries Act1967 (FMA 1967)
Occupational Safety & Health Act 1994 (OSHA 1994)

8
HISTORY OF THE DEVELOPMENT OF OSHA IN
MALAYSIA

The Era of Boiler Safety - Before 1913

Around 1900s Perak state government elected a
personnel expertise in steam boiler and was given a
license as boiler surveyor.

The era of machinery safety- 1913 to 1962

On 1913, all the steam boiler enactments was replaced
with Machinery Enactment.
The inspector inspects the steam boiler and any other
machinery such as internal combustion engine, water
turbine and any other auxiliary installation involved. 9
HISTORY OF THE DEVELOPMENT OF OSHA IN
MALAYSIA

The era of industrial safety- 1953 to 1967

All the machinery enactment used before 1953 was then
replaced with Ordinal 1953.
The role of an inspector has expanded from only
inspecting the steam boiler to the safety of workers in
factories that uses machinery.

The era of industrial safety and health- 1970 to 1994

Akta Kilang dan Jentera (Factories and Machinery Act )
1970 was approved by the parliaments.
To solve all the shortcoming of the Machine Ordinal 1953, 10
as the workers in a workplace without machine previously
are now being protected under the new Acts.
HISTORY OF THE DEVELOPMENT OF OSHA IN
MALAYSIA

The era of occupational safety and health-

1994 onwards:
Occupational Safety and Health Act (OSHA)
was enacted in 1994.
FMA 1967 emphasis on safety while OSHA
1994 emphasis on addressing health
hazards in the workplace.

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CHAPTER 2:
2.2 OSHA 1994

13
Formation of OSHA 1994

14
Principles & Philosophy of OSHA 1994

Responsibility to:
ensure security and health at workplaces was sitting on
those who create risk and those working with that risk.

Self Regulation
Negotiation
Cooperation and employee involvement

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Arrangement Of Sections in OSHA 1994
Part 1 Preliminary
Part 11 Appointment Of Officers
Part 111 National Council For Occupational
Safety & Health
Part 1V General Duties Of Employers & Self-
Employed Persons
Part V General Duties Of Designers,
Manufacturers & Suppliers
Part V1 General Duties Of Employees
Part V11 Safety & Health Regulations
Part V111 Notification Of Accidents, Dangerous
Occurrence, Occupational Poisoning &
Occupational Diseases, & Inquiry
Part 1X Prohibition Against Use Of Plant @ 16
Substance
Arrangement Of Sections in OSHA 1994

Part X Industry Codes Of Practice

Part X1 Enforcement & Investigation
Part X11 Liability For Offences
Part X111 Appeals
Part X1V Regulations
Part XV Miscellaneous

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OSHA 1994 Was Applied to:
People Working
At all economic sector in First
Schedule including civil service and the
authorities
Except above Merchant Ship and Army

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First Schedule
1. Manufacturing 6. Transport, Storage
2. Mining and and Communication
Quarrying 7. Wholesale and Retail
3. Construction Trades
4. Agriculture, 8. Hotels and
Forestry and Fishing Restaurants
5. Utilities
9. Finance, Insurance,
a) Electricity
Real Estate and
b) Gas
c) Water
Business Services
d) Sanitary services 10. Public Services and 19
Statutory Authorities
OSHA 1994
General duties of employers and self-employed persons
to their employees.
It shall be the duty of every employer to ensure, so far
Section 15 as practicable, the safety, health & welfare at work for
(Employer) all his employees.

Duty to formulate safety and health policy

Section 16

General duties of employers and self-employed persons

to persons other than their employees.
Who may be affected thereby are not thereby exposed
Section 17 to risks to their safety or health. 20
OSHA 1994
Employee responsible to take care of their safety &
health during work.
Cooperate with the employer @ any other person
Section 24 regarding OSHA 1994 requirements.
(Employee) Wear PPE
Comply with any instruction made by employer.

Occupier must employ a competent person to act as

SHO.
SHO responsible to ensure safe working place (overall).
Section 29
SHO must possess qualification @ receive training from
(SHO)
time to time.

Establishment of safety and health committee at place of

work. 21
Section 30
Relation Of Regulations
SAFE WORK PRACTICES /

SHO SHC
1997 CPL 1997 1996
FMA
1967
CONDITIONS

NADOPOD CIMAH
OSHA 1994 1996
2004
EQA
1974

USECHH 2000
22
 Flixborough Disaster

Hazardous Major
Hazard
Substances Installation
CIMAH
1996
Non-Major
Major Hazard
Accident Installation

23

Chernobyl Disaster
 CPL 1997
Hazardous Chemicals Labeling

Classification Packaging CSDS/MSDS

Duty of Supplier to Furnish

CSDS
Seal of Package
Confidential Information on 24
Dimension of Label
Chemical
Packaging Requirement
SCHEDULES
 Chemical Register
PPE
USECHH
PEL-TWA
2000 Labelling &
Relabeling
Control Exposure
Hazardous CHRA
Chemicals CSDS Monitoring
Exposure
Warning Sign
Information,
Instruction &
Training 25
Health Surveillance
 Accident

Dangerous
Occurrences
Notify DOSH of:
Poisoning

Disease
NADOPOD
2004 - Determine the
underlying causes
of incidences for
remedial actions
Main and to prevent in
future.
Purpose:
- Record keeping
/ reporting easy 26
to access.
27
CHAPTER 2:
2.2 OSHA 1994

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FACTORIES & MACHINERIES ACT 1967
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Principle of The Act
To provide for the control of factories with
respect to matters relating to the safety, health
and welfare of person therein.

The registration and inspection of the

machinery and for matters connected therewith.

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 PMT Permit / Perakuan Mesin Tekanan

UNFIRED PRESSURE VESSEL:

Air Compressor
Air Container
LPG Storage Tank
Heat Exchanger 31
Pressure Vessels At The
Petrochemical Plants Etc
PMA Permit / Perakuan Mesin Angkat
Lifts
Escalators
Dumbwaiters
Hoisting Machine
Skylift
Post-Lifter

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PMD Permit / Perakuan Mesin Dandang

STEAM BOILER:
Water tube steam boiler
Fire tube steam boiler
Electric steam boiler
Waste heat recovery boiler

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Arrangement Of Sections in FMA 1967

Part 1 Preliminary
Part 11 Safety, Health & Welfare
Part 111 Person In-Charge & Certificates of Competency
Part 1V Notification of Accident, Dangerous Occurrence,
& Dangerous Diseases
Part V Notice of Occupation of Factory, Registration and
Use of Machinery
Part V1 General

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Strategy of Safety Regulations
PROTECT WORKER WITH:

1. Hold a standard for risk/dangerous machinery.

2. Identify & evaluate the risk level or the hazard

of machinery handled and environmental
circumstance.

3. Reduce exposure through engineering control,

administrative procedure and personal protective
tools. 35
Strategy of Safety Regulations
PROTECT EXPOSURE TOWARD EMPLOYEE WITH:

4. Hold a standard to persons that are

responsible to handle a dangerous machineries.
(PTW, Competent)

5. Create an awareness among employee by giving

training and information.

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Safety Regulations Under FMA 1967
Factories and Machinery (Steam Boilers And Unfired Pressure
Vessel) Regulations, 1970.
Factories and Machinery (Person-In-Charge) Regulations,
1970.
Factories and Machinery (Electric Passenger And Goods Lift)
Regulations, 1970.
Factories and Machinery (Fencing Of Machinery And Safety)
Regulations, 1970.
Factories and Machinery (Safety, Health and Welfare)
Regulations, 1970.
Factories and Machinery (Notification Of Fitness, Certificates
Of Competency-Examinations And Inspections) Regulations,
1970. 37
Factories and Machinery (Building Operations And Works Of
Engineering Construction) (Safety) Regulations, 1989.
Strategy of Health Regulations
PROTECT EXPOSURE TOWARDS WORKER WITH:
1. Fix the exposure limit.
2. Identify & assess exposure level.
3. Reduce the exposure through:
a) engineering method (ex: LEV)
b) administrative procedure
c) self-protection equipment (PPE)
4. Hold disease's early detection through medical
surveillance.
5. Create awareness amongst staff through training
and
38
information.
Health Regulations Under FMA
1967
Factories and Machinery (Leads) Regulations, 1984
Factories and Machinery (Asbestos) Regulations, 1986
Factories and Machinery (Noise Exposure) Regulations,
1989
Factories and Machinery (Mineral Dust) Regulations,
1989

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ENVIRONMENTAL QUALITY ACT 1974

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Learning Objectives
To introduce the To distinguish the
regulation under EQA regulations lay
1974.
under EQA 1974
Act.
To define Environmental
Law and Pollution
according to EPA 1990.

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 Environmental Law
The Environmental Protection Act 1990 defines
ENVIRONMENT as:
the environment as consisting of all, or any, of the following
media, namely the air, water and land; and the medium of air
includes the air within the buildings and the air within other
natural or man-made structures above or below the ground

The Environmental Protection Act 1990 defines

POLLUTION as:
the release into any environmental medium from any
process of substances which are capable of causing harm to 42
man or any living organisms supported by the environment
 Understanding Environmental
Standard
A) Emission standards
Set the levels of discharge into different media. Ex: benzene
B) Quality standards
Set the maximum allowable levels of pollution in environment.
Ex: water standard for drinking water.
C) Process standards
Apply to fixed installations such as factories or chimneys. The
means of production leaving no discretion to the polluter.
D) Product standards
This example of standard setting is familiar in relation to
pharmaceuticals, food, packaging and labelling. Ex: pesticides 43
& chemicals.
Arrangement Of Sections in
EQA 1974
Part 1 Preliminary
Part 11 Administration
Part Licenses
111
Part 1V Prohibition and Control of Pollution
Part IVA Control of Scheduled Wastes
Part V Appeal and Appeal Board
Part VA Payment of Cess and Environmental Fund
Part V1 Miscellaneous 44
EQA 1974 & Its Packages
Regulations
Environmental Quality (Prescribed Premises) (Crude
Palm Oil) Regulations 1977.
Environmental Quality (Licensing) Regulations 1977.
Environmental Quality (Clean Air) Regulations 1978.
Environmental Quality (Compounding of Offences)
Rules 1978.
Environmental Quality (Prescribed Premises) (Raw
Natural Rubber) Regulations 1978.
Environmental Quality (Sewage and Industrial
Effluents) Regulations 1979. 45
 EQA 1974 & Its Packages
Regulations
Environmental Quality (Control of Lead Concentration
in Motor Gasoline) Regulations 1985.
Environmental Quality (Motor Vehicle Noise)
Regulations 1987.
Environmental Quality (Prescribed Activities)
(Environmental Impact Assessment) Order 1987.
Environmental Quality (Scheduled Wastes)
Regulations 1989.
Environmental Quality (Prescribed Premises)
(Scheduled Wastes Treatment and Disposal Facilities) 46
Order 1989.
 EQA 1974 & Its Packages
Regulations
Environmental Quality (Prescribed Premises)
(Scheduled Wastes Treatment and Disposal Facilities)
Regulations 1989.
Environmental Quality (Prescribed Premises) (Crude
Palm Oil) Order 1977.
Environmental Quality (Prescribed Premises) (Raw
Natural Rubber) Order 1978.
Environmental Quality (Delegation of Powers on
Marine Pollution Control) Order 1993.
Environmental Quality (Prohibition on the Use of
Chlorofluoro-carbons and Other Gases as Propellants 47
and Blowing Agents) Order 1993.
EQA 1974 & Its Packages
Regulations
Environmental Quality (Delegation of Powers on
Marine Pollution Control) Order 1994.
Environmental Quality (Prohibition on the Use of
Controlled Substance in Soap, Synthetic Detergent
and Other Cleaning Agents) Order 1995.
Environmental Quality (Control of Emission from
Diesel Engines) Regulations 1996.
Environmental Quality (Control of Emission from
Petrol Engines) Regulations 1996.
Environmental Quality (Refrigerant Management) 48
Regulations 1999.
EQA 1974 & Its Packages
Regulations
Environmental Quality (Halon Management)
Regulations 1999.
Environmental Quality (Delegation of Power)
Order 1999.
Environmental Quality (Compounding of
Offences) (Open Burning) Rules 2000.
Environmental Quality (Delegation of Powers)
(Investigation of Open Burning) Order 2000.
Environmental Quality (Delegation of Powers)
49
(Halon Management) Order 2000.
EQA 1974 & Its Packages
Regulations
Environmental Quality (Delegation of Powers)
(Perbadanan Putrajaya) Order 2000.
Environmental Quality (Appeal Board) Regulations
2003.
Environmental Quality (Declared Activities) (Open
Burning) Order 2003.
Environmental Quality (Control of Emission From
Motorcycles) Regulations 2003.
Environmental Quality (Dioxin and Furan)
Regulations 2004.
Environmental Quality (Prescribed Conveyance)
(Scheduled Wastes) Order 2005.
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EQA 1974 & Its Packages
Regulations
Environmental Quality (Schedule Wastes)
Regulations 2005.
Environmental Quality (Delegation of Powers)
Order 2005.
Environmental Quality (Control of Petrol and
Diesel Properties) Regulations 2007.

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