TRAINING MANUAL for SAFETY & NO) ge el a er PROGRAMMETRAINING MANUAL FOR SAFETY AND HEALTH OFFICER CERTIFICATE PROGRAMME Translated version from (Pengurusan Keselamatan & Kesihatan Pekerjaan ) ‘Manual Kursus Pegawai Keselamatan & Kesihatan Modul 2 OSH Legislations Module 2Published by "National Institute of Occupational Safety and Health. Malaysia Lot I, Jalan 15/1, Seksyen 15, 43650 Bandar Baru Bangi, Selangor Darul Ehsan, “Fel :03- 8769 2100 Faks :03 - 8926 2900 ‘e-mail: [email protected] Website Inep://wwiniosh.com.my Copyright © 2005. National Insiute of Occupational Safety and Health. Malaysia Al sghts reserved. No patt of this book may be reproduced, stored ina retrieval system, or transeribed in any forms of by any means, electronic, mechanical, ot photocopying, recording or otherwise, without the prior writen permission of the copyright owner, ISBN: 983-99082.7.8Training Manual for Safety and Health Officer Certificate Programme Contents Foreword MODULE IL OSH Legislations A. Introduction to Occupational Safety and Health Legislations 1.0 Introduction 20 Statutory Law 3.0 Common Law 40 History of Occupational Safety and Health Legislations in Malaysia 5.0 Categories of Legislation 60 — Conclusion B, Occupational Safety and Health Act 1994 1.0 Background of the Act 20 Importance of the Act 3.0. Philosophy and Principles 40 tents, 5.0 Conclusion C. OSH (Safety and Health Officer) Regulations 1997 1.0 Introduction 20 Contents 3.0 OSH (Safety and Health Officer) Order 1997 4.0. Conclusion D. OSH (Safety and Health Committee) Regulations 1996 1.0 Introduction 2.0 OSH (Gafety and Health Committee) Regulations 1996 3.0 Conclusion E, Factories and Machinery Act 1967 1.0 Introduction 20 Contents 3.0 Conclusion B SSRRB 39 39 39 aF Health Regulations Under the Factories and Machinery Act 1967 1.0. Introduction 2.0 Strategies of the Health Regulations 3.0 Main Health Provisions 4.0, Conclusion G. Safety Regulations Under Factories and Machinery Act 1967 1.0. Introduction 2.0 Strategies of the Safety Regulations 3.0 Safety Regulations Under the Factories and Machinery Act 1967 4.0 Conclusion H, Employment Act 1955 and Employees? Social Security Act 1969 1.0 Introduction 2.0 Employment Act 1955 3.0. Workmen's Compensation Act 1952 4.0 Employees Social Security Act 1969 (Amendment) 1992 5.0 Conclusion I Fire Services Act 1988 1.0 Introduction 2.0 Contents 3.0 Regulations Under Fire Services Act 1988 4.0 Uniform Building By-Laws 1984 5.0 Conclusion J. Petroleum (Safety Measures) Act 1984 and Gas Supply Act 1993, 1.0 Introduction 20 Contents 3.0 Regulations Under the Petroleum Act (Safety Measures) 1984 40 Gas Supply Act 1993 5.0 Conclusion 45 45 45 52 37 57 37 57 66 68 68 72 72 4 a SSsess 8 888FOREWORD 1 congratulate Higher Education and Training Development Department NIOSH for its effort to produce a publication entitled Training Manual for Safety and Health Officer Certificate Programme — Module TI: OSH Legislation. (OSH in Malaysia has come to the stage where more and more employers and employees understand their roles and responsibilities in order to ensure hazards at the work places are identified, assessed and controlled. These responsibilities, if correctly discharged, will definitely contribute to the prevention of untoward incidents causing injury illness, death and property damage at the workplace. OSH is therefore at the heart of not only the requirements to achieve decent work, but itis also a major and positive factor in favour of economic growth and productivity. In Malaysia, the two main legal references for OSH are the Factories and Machinery Act 1967 and the Occupational Safety and Health Act 1994, The implementation and application of the Acts may differ between organization due to the different work tasks and hazards faced in the various industries. ‘This training manual explores the wide aspects of Occupational Safety and Health laws and Regulations. Thope this publication will help to equip Safety and Health Officer with the necessary knowledge and skills to effectively discharge the duties of a Safety and Health Officer under the Occupational Safety and Health (Safety and Health Officer) Regulations 1997. “Achievement of higher OSH standards will give tremendous improvement in OSH performance throughout Malaysia”. IR. DR. JOHARI BASRI Executive Director NIOSHINTRODUCTION TO OCCUPATIONAL SAFETY AND HEALTH LEGISLATIONS 1.0 INTRODUCTION Occupational safety and health (OSH) legislation is combination of two pieces of legislations: a) Statutory Law >) Common Law 2.0 STATUTORY LAW a) Comprises of Acts and Regulations b) _Legislated by Government ©) Violation of statutory law is a exime Penalties and imprisonment ©) Prosecution by Government Officer (eg, Deputy Attorney General) in Criminal Court 3.0 COMMON LAW a) Judgements by Judges and the Civil Court b) Enables the injured party to make claims against the defaulting party ©) Application for trial is made by the Lawyer appointed by the injured person 4) Upon convietion - monetary compensation Among the legislations under the Common Law are: 3A 2) Law Torts b) Law of Contract Law of Torts Tortis a Civil Wrong: a) A wrongful act which allows the injured party to make a claim against the party committing the wrongful act. b) Classification of Torts: i) Nuisance it) Negligence iil) Defamation iv) Trespassing3.1.1 Tort of Negligence Violation of the duty of care not to damage or injured others. 3.1.2 Legal Obligation of Duty of Care under Common Law “Employers are not exempted from the responsibility under duty of care even though he has assigned a competent person to execute the task” Wilsons and Clyde Coal Co vs English 3.1.3 Employers’ Liability under the Duty of Care ‘Types of injuries: a) Injuries on individual employees b) Injury caused by one worker to another worker or negligence by an agent who undertakes the task on behalf of the employer (Vicarious liability) “Employers are however, not responsible for any actions by the worker which do not fall within the scope of his job such as horseplay while at work” Smith Vs Crossley Bros Ltd Example: Two apprentices injecting an air compressor into a thitd person as a form of joke. 3.14 Elements to Associate a Case of Negligence Against the Employer 2) Bvidence of duty of care by one party (the employer) on the other party (the employee) b) Evidence of violation of the responsibility ©) Violation of the responsibilities which causing damages/injuries The Burden of Proof is on the plaintiff (injured patty). 4,0 HISTORY OF OCCUPATIONAL SAFETY AND HEALTH LEGISLATIONS IN MALAYSIA. ‘The chronology of the legislation is as follows: a) Boiler Safery before year 1914 b) Machinery Safety (1914-1952) ©) Industrial Safety (1953-1967) d) Industrial Safety and Industrial Health (1970-1994) ©) Occupational Safety and Health after 19944.1 Boiler Safety Before 1914 Scope of the enactment: 9) Boiler Safety and b) Inspection of boiler workers Among the enactments related to Boiler Safety are: 8) Selangor Boiler Enactment 1892 b) Perak Boiler 1903 ©) Pahang Boiler 1908, a) Negeri Sembilan Boiler 1908 4.2 Machinery Safety (1914-1952) ‘The Federal Machinery Enact ment 1913 that was legislated and enforced superseded all preceding Boiler Safety Enactments. “The scope of this legislation includes: ) Inspection of machineries such as: i) Internal combustible engine ii) Water turbine and ii) Machinery that is install/fix together b) Registration and inspection of machinery installations 4.3. Industrial Safety (1952-1970) Machinery Ordinance 1953 was enacted to replace the Federal Machinery Enactment 1913, "The scope of the legislations is as follows: 2) Boiler and Machinery Safery b) Worker Safety at factories where machineries are used 4.4 Industrial Safety and Industrial Hygiene (1970 - 1994) Factories and Machinery Act 1967: ) Further developed and expanded the provisions of machinery safety b) Improved weaknesses that exist in the Machinery Ordinance 1953 Among the weaknesses in the Ordinance are: 2) The Machinery Ordinance 1953 does not cover workplaces where there are no machine operations b) Lack of health and welfare provisions4.41 Factories and Machinery Act 1967 (FMA 1967) The approaches of the Act are 2) Control of machine operations such as requiring high tisk machineries such as steam boilers and lifts to be registered. b) Control of work environment such as provisions on indoor environment controls, control noise and emisions of hazadous contaminants. ©) Control of personnel such as the registration and approval to operate steam boilers. 4.5 Occupational Safety and Health After 1994 Occupational Safety and Health Act 1994 (OSHA 1994) Scope of legislation includes: a) Protects and ensures the safety, health and welfare of workers in all economic sectors b) Provisions on elements of duty of care which are responsibilities of employers and self employed persons, responsibilities of manufacturers and designers and duties of workers ©) Philosophy of the legislation through self-regulation 5.0 CATEGORIES OF LEGISLATION ‘The Occupational Safety and Health Legislation can be classified into two (2) categories. They are: 8) Legislations regulating industrial activities or specific chemical substances b) General provisions and principles 5.1 Control of Industrial Activities or Specific Chemical Substances ‘This category of legislation only stipulates provisions pertaining to occupational safety and health in general. Only certain parts of this legislation discuss issues pertaining to safety in detail. The other sections provide very general, and at times, non related provisions. OSH celated provisions are as follows: 2) Mineral Enactment b) Atomic Licensing Energy Act 1984 ©) Pesticides Act 1974 @) Petroleum Act (Safety Measures) 1984 ©) Electrical Supply Act 1990For the above legislations, enforcement is carried out by various government agencies such as Department of Minerals and Local Authorities. 5.2 General Provisions and Principles ‘This category of legislation specifically prescribes specific occupational safety and health provisions with the main objective of protecting the safety and health of workers during work activities. The legislations are: a) Factories and Machinery Act 1967 (FMA 1967) b) Occupational Safety and Health Act 1994 (OSHA 1994) 5.21 Enforcement Enforcement for the FMA 1967 and OSHA 1994 is carried out by Ocupational Safety and Health Officers from the Department of Occupational Safety and Health (DOSH), Ministry of Human Resources. ‘The DOSH also performs the following duties: a) Conduct awareness and promotional activities b) Study and review of the existing legislations ©) Provide advisory and expert services ) Actas the secretariat to the National Occupational Safety and Health Council 6.0 CONCLUSION Occupational Safety and Health legislations comprises of both Common Law and Statutory Law. These acts prescribe that the employers have a duty of care upon the employees. In Malaysia, the first legislation enacted to safety at work is the Boiler Enactments and machinery Ordinance. This was followed by Factories and Machinery ‘Act 1967 and subsequently the Occupational Safety and Health Act 1994, The OSHA 1994 provides more comprehensive provisions in the spectrum of occupational safety and health, Y study Focus * Statutory and Common Law © Duty of Care * Brief History of OSH in MalaysiaREFERENCES 1. Butterworths (1982). Law of Heal and Safety at Work, Norman Selwyn 2 International Labour Organisation (1991). Prgfil ox Occxpational Safety and Health jn Malaysia, FLOno, Bangkok 3. Laws of Malaysia (1999). Factores and Machinery Act 1967(A4139) and Regulations and Rubs; International Law Book Services, Malaysia 4, Undang-undang Malaysia (1999). Adta Keselimatan dan Keshatan Pekenjaan dan Peraturan Peaturan; International Law Book Services, Malaysia 5. Pitman (1986). RaSP4 Health and Safty Practice, Stranks and DemsB. OCCUPATIONAL SAFETY AND HEALTH ACT 1994 1.0 BACKGROUND OF THE ACT ‘The Occupational Safety and Health Act (OSHA) was enacted on 25 February 1994 by the Duli Yang Maha Mulia Seri Paduka Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: a) To secure the safety, health & welfare of persons at work b) To protect others against risk to safety and health in connection with the activities of persons at work ©) To establish the National Council for Safety and Health @) Other related matters 2.0 IMPORTANCE OF THE ACT The Act is necessary to overcome the limitations of the Factories and Machinery Act 1967 (FMA 1967) in the following aspects: 4) Scope of Application b) Prescriptive Provisions ©) Approach 21 Scope of Application ‘The scope of the FMA 1967 only covers 24 per cent of the total labour workforce (i. 6.8 million in year 1980) nationwide. Those protected are workers in the sectors defined as a factory namely: a) Manufacturing b) Mining and Quarrying Construction Refer Appendix I for worker’ distribution statistic of all economy sectors. 2.2. Prescriptive Provisions The Factories and Machinery Act 1967 (FMA 1967) provides prescriptive provisions, of which, over time, became irrelevant. The provisions provide in detail the necessary actions to be taken to prevent occurrence of accidents. For example, the provision requires all machinery parts to be strictly guarded according to the specifications stated under the Factories and Machinery (Fencing of Machinery and Safety) Regulations 1970.2.3. Approach ‘The approach of the Act was based on the traditional method of using a checklist system, The checklist system puts emphasis on workers, system of work, machineries and working environment by preventing accidents and industrial diseases. This approach gave the impression that the responsibility of occupational safety and health purely lies in government controls, resulting in industries becoming too dependent on the ‘government regulations, [Ac the same time, accident statistic in other sectors were high not covered under the FMA 1967 recorded alarming rates, especially fatality and permanent disability cases. ‘This urged the government to draft an additional piece of law in order to control these activities. 3.0 PHILOSOPHY AND PRINCIPLES The philosophy and principles of this Act differs from the prescriptive nature of the Factories and Machinery Act. The Act addresses the responsibility to ensure a safe and healthy workplace lies with those who create the risk and those who work with the risk. This philosophy advocates three main principles: 2) Self regulation b) Consultation ©) Worker cooperation and participation 4.0 CONTENTS ‘The OSHA 1994 consists of fifteen parts: 2) Preliminary b) Appointment of Officers ©) National Couneil for Occupational Safety and Health d) General Duties of Employers and Self Employed Persons ©) General Duties of Designers, Manufacturers and Suppliers {) General Duties of Employees 2) Safety and Health Organizations h) Notification of Accidents, Dangerous Occurrence, Occupational Poisoning and Occupational Diseases, and Inquity §) Prohibition Against Use of Plant or Substance i) Industry Codes of Practice k) Enforcement and Investigation 1) Liability for Offences m) Appeals n) Regulations ©) Miscellaneous Please refer to the Act for details of each provision,41 Part I- Preliminary ‘This Part outlines the provision pertaining to the application of the act, superseding of prevailing legislations, and interpretations of terminologies used in the act such as: 4) Application i) People at work ii) The Act shall apply to all sectors of economy as specified in the First Schedule iil) ‘The Act shall not apply to workers on board ships or those in the armed forces b) Prevailing Laws 3) The provisions of this Act shall be in addition to any other written law relating to occupational safety and health ii) The provisions of this Act shall supersede any other existing law which are conflicting and inconsistent with it ©) _ Interpretation of phrases applied in this act such as: i) Practicable. Practicable should take into account: ~The severity of the risk or hazard or risk - The state of knowledge about the hazard or risk and any way of removing or mitigate the hazards or risk - Theavailability and suitability of methods to remove or mitigate the hazard of tisk = The cost of removing or mitigating the hazard or tisk i) Industry means public services, statutory authorities or any of the economic activities listed under the First Schedule iil) Plant includes any machineries, equipment, appliance, tool, or any component thercof and anything fitted, connected or appurtenant thereto iv) Employer means the immediate employer ot the principle employer or both - Immediate employer: Employer that employs the employee directly, by or through him = Principle employer: The ower of an industry including manager, the occupier, the legal representative, government, local authority or statutory body v) Employee means a person who is employed for wages under a contract of service vi) Occupier means a person who has the management or control of the place of work vii) Place of work means premises where persons work or premises used for the storage of plant of substance vill) Premises includes any: - Land, building or part of any building - Vehicle, vessel or aircraft ~ Installation whether on land, shores, or floating on any water or underwater - Tent or mobile structurex) Risk arising means the tisk that may come due to activities of persons at work including: - The work processes ~The plant or substances used - The condition of premises used x) Work means work as an employee or as a self-employed person - _ Anemployee is deemed to be at work throughout the time when he is at his place of work - A self-employed is at work throughout such time as he devoted to work as a self-employed person This Part of the Act also outlines its objectives as follows: 8) To ensure the safety, health and welfare of persons at work b) To protect person at a place of work other than persons at work ©) To promote an occupational environment for persons at work which is adapted to their physiological and psychological needs 4) To provide the means towards a system of regulations and approved industry codes of practice 4.2 Part II Appointment of Officers ‘This Part outlines the provisions for the Minister to appoint a public officer for the purpose of exercising power, performing the functions and discharging the duties, assigned to him under this Act. In addition to this, the Director General of Department of Occupational Safety and Health may appoint a person or an independent inspecting body as he deems fit to advise or assist him in carrying out the objects and purposes of this Act. 43 Part IIT - National Council for Occupational Safety and Health ‘This Part outlines the provisions for the establishment, membership, power and function and appointment of secretary to the National Council for Occupational Safety and Health. Among the provisions are: 8) The Council shall consist of not less than twelve and not more than fifteen members of whom: 3) Three persons shall be from organisations representing employers; i) ‘Three persons shall be from organisations representing employees; iil) Three or more persons shall be from Ministries or Departments whose responsibilities are related to occupational safety and health; and iv) Three or more persons, of whom at least one shall be a woman, shall be from organisations or professional bodies with activities related to occupational safety and health,» Appointment by Minister i) The Council shall have power to do all things expedient or reasonably necessary for carrying out the objectives of the Act i) ‘The Council shall carry out duties with regard to: - OSH legislations = Improvement of the administration and enforcement of OSH legislations - Fostering of a co-operative consultative relationship between management and labour - Establishment of adequate methods of control of industrial chemicals - Statistical analysis of occupational related deaths and injuries Provisions of health care facilities - Development of rehabilitation plans and facilities and adoption by law of industry codes of practice - Special problems ‘A member of the Council shall be appointed by the Minister to be the Chairman of the Appeal Committee. 44 Part IV General Duties of Employers and Self-Employed Persons ‘This Part outlines the provisions of the general duties of employers and self-employed persons in order to ensue, as far as is practicable, the safety, health and welfare at work. of all his employees. Please refer to Section 15 OSHA 1994. ‘This includes: ) ‘The provision and maintenance of plant and systems of work that are without risk to health. The term maintenance and systems of work are not defined under this Act as they are seen as self-regulatory principles. However, the definition of maintenance should take into account the following: }) A system of regular inspection of machinery/equipments to identify and report defects to the person in-charge. ii) Improvement/upgrading works by repair or by replacement. Safe system of work refers to: i) Safe premises and plant il) Effective preventive maintenance iil) Adequate lighting and ventilation iv) Selection, instruction and training for workers vy) Competent supervision and enforcement of rules and regulations vi) Additional protection for disabled personsb) The making of arrangements for ensuring the use, handling, storage and transport of plant and substances ©) The arrangement of safety and health means: i) Providing personal protective equipment and proper tools il) Safe handling arrangements: - Take into account overload weight - Enclosure of dangerous substances = Protection from dangerous contaminations ii) Adequate and safe storage facilities ix) Safe transportation arrangements ¥v) Loads are stable and securely fastened vi) Substances are safely packed vi) Provison of information, instructions, training and supervision vil) Provision and maintenance of the workplace in terms of access and exit routes xi) Provision and maintenance of a working environment with adequate welfare facilities ‘Workers are also defines as including, as additional input to the provision under Section 3, an independent contractor engaged by an employer or a self-employed person and any employee of the independent contractor. Among the other duties of the employer and self-employed person under this Part is the duty to formulate a Safety and Health Policy (Section 16). The Policy should cover: Statement of Intent, Organisation for carrying out the policy and Arrangements of Safety and Health to achieve the said intent. Among the elements to be taken into account in formulating the Statement of Intent are: a) Safety should be the priority in the daily activities b) Safety is integrated into other activites at the workplace ©) Safety of workers and other persons at the workplace 2) Theorganisation will ake all necessary action, within its power, to prevent accidents © Conduet operations in such manner as not to harm other persons other than his employees [Section 17(1 )] {) Prescribe information on such aspects of the manner in which he conducts his operations [Section 17(2)] ‘This Part also outlines duties of an occupier of a place of work of non-domestic, premises shall take measures to ensure that the premises are without risks to other persons not being his employees. For example, public areas accessible to the public are railway stations and airports terminals, The provision also’ applies to plant used by the public.4.5 Part V—General Duties of Designers, Manufacturers and Suppliers ‘This Part describes the provisions of the general duties of designers, manufacturers and suppliers to ensure as far as practicable: (Refer Section 20) 2) The plant is designed and constructed to be safe and without risks to health when properly used b) Conduct and arrange such testing and examination necessary for the performance of the duty imposed ©) Take such steps necessary to disseminate information about the use of the plant/substances ) Conduct research with objective to find means of eliminating/minimising hazard ©) Construction and installation of a plant safely 4.6 Part VI- General Duties of Employees ‘This Part outlines the provision of the general duties of employees: (Refer Section 21) a) To take reasonable care for the safety and health of himself and of other persons. b) To co-operate with the employer or any other person in the discharge of any duty or requirement imposed on the employer or that other person by this Act and regulations made thereunder. ©) Towearoruse atall times any protective equipment or clothing provided by the employer for the purpose of preventing risks to his safety and health, 4) To comply with any instruction or measure on occupational safety and health instituted by the employer or any other person. ‘This part also describes provision on interference, charges and discrimination of the following: ) A person shall not intentionally interfere with or misuses anything provided or done in the interest of safety, health and welfare b) _ Employer shall not levy any charge on employees (Section 26) ©) Noemployer/trade union shall discriminate against (dismiss, injure or alter position of the employee (Section 27) 47 Part VII ~ Safety and Health Organisation ‘This Part outlines provisions pertaining to medical surveillance, employment of a Safety and Health Officer (SHO) by an occupier of a workplace and the establishment of a Safety and Health Committe at the workplace.4.7.1 Medical surveillance Under this provision, the Minister shall make regulations as necessary for any: a) Cases of illness b) Changes in any process or in the substances used ©) Employment of persons below the age of 16; 4) Work exposure with specific risk to health of persons employed ‘The regulations made do not include medical treatment. This section stipulates provision for registration of a Medical Officer and the penalties of any offences and violations. 4.7.2. Safety and Health Officer (SHO) Under this provision, an occupier of a place of work to which this section applies shall employ a competent Safety and Health Officer. This section also stipulates the following: a) Gazetting of specific industries b) Ensuring the due observance of the provision of the Act and the promotion of safe work conducts ©) Gazzetting of qualifications and training requirements &) Penalties for offences 4.7.3, Safety and Health Committee Under this provision, every employer shall establish a safety and health committee when: a) There are 40 or more employed person or b) Ordered by the Director-General It also stipulates the provisions for: 3) The membership, appointment or election of the committee as prescribed b) The requirement for employer to consult the safety and health committee to ensure safety and health of the workers ©) Penalties for offences “The Section also outlines the functions of the safety and health committee as follows: a) To review the measures taken to ensure safety and health b) To investigate any matter which is considered unsafe or which has been brought to the attention of the employer ©) Other functions as may be prescribed4.8 Part VIII - Notification of Accidents, Dangerous Occurrence, Occupational Poisoning and Occupational Diseases, and Inquiry ‘This Part stipulates the provisions pertaining to the notification of accidents, dangerous occurrences, occupational poisoning and occupational diseases to the nearest Department of Occupational Safety and Health office. Registered medical practitioners are also required to report to the Director General any diseases listed under the Third Schedule of the Factories and Machinery Act 1967 if a patient is believed to be suffering from the said diseases. It also stipulates the provision of inquiry to be held by an Occupational Safety and Health Officer. 49 Part IX - Prohibition Against Use of Plant or Substance ‘This Part stipulates the provision of the power of the Director General to prohibit the use of any plant or substance which in his opinion is likely to affect the safety and health of persons at work. Whenever the Director General intends to exercise his power to make the order, he shall consult the relevant Government department or other body. ‘This Part also stipulates the provisions for an aggrieved party to appeal any order imposed, ‘The Prohibition of Use of Substances Order 1999 was issued by the Director General ‘of DOSH under this provision. Substances that are prohibited for use except in analytical laboratories are: a) Crocidolite b) Carbon disulphide ©) Carbon tetrachloride @) n-Hexane ©) White phosphorus ) 4-Aminodiphenyl ® — Benzidine hb) -2-Naphthylamine i) 4.Nitrodipheny! Please refer to the Order for details. 4.10 Part X — Industrial Codes of Practice ‘This Part stipulates the provisions for industrial code of practice as follows: 2) Approval of industry codes of practice by the Minister b) The Ministers” power to revise, amend, deleting, varying or adding to the provision of the industry code of practice ©) Anindustry code of practice may consist of any code, standard, rule, ecification or provision relating to occupational safety and health 1¢ approved industry code shall be admissible in evidence in the proceedings in the court of law 8 Example: A Code of Practice for Work in Confine Space has been approved by the Minister under this provision in 2002 Please refer to the Code of Practice for details.4.41 Part XI- Enforcement and Investigation ‘This Part stipulates the provision for enforcement and investigation by an Occupational Safety and Health Officer as follows: a) Authorisation to enter, inspect, investigate, take samples and others b) Authorisation to enter a premise with a search warrant and power of ©) Authorisation to enter a premise without a search warrant and power of seizure 4) Power of investigation ©) Offences in relation to inspection 8) Notices of improvement and prohibitions (Section 48) The Officer is referred to as the Occupational Safety and Health Officer appointed under subsection 5(2) which includes Director General, Deputy Directors General, Directors, Deputy Directors, Assistant Directors and others. 4.12 Part XII — Liability for Offences ‘This Part stipulates the provisions for liability for offences. Among them are general penalty, offences committed by body corporate, trade union or agent, defence, onus of proving limits of what is practicable, prosecutions and compounding of offences. 4.1.2.4 General Penalty This outlines the provision for general penalty not covered under other Parts or Sections, namely: a) Maximum fine of RM 10,000 or one year imprisonment or both b) Continuing offence ~ maximum of RM 1,000 pet day 4.12.2 Who can be Charge? ‘Those who can be charged under this Act are: 2) Body corporate - Company Director, Manager, Secretary or others ection 52) b) Trade Unions (Section 53) ©) Agents (Section 54) 4.12.3 Defence in Proceedings Defence in proceedings (Section 55) can be done under the following conditions: 2) No knowledge of the offence b) Offence is committed without the consent or connivance or supervision ©) A reasonable effort has been undertaken to prevent the commission of the offence as ought to have been exercised having regard to the nature of his functions in the capacity and to all the circumstances4.12.4 Types of Liabilities and Offences ‘The provisions for penalties for offences committed are stipulated under this Part as summarised: Type of Offence and Section Penalty I m D General Duties of Employers and Self | Maximum RMS0,000 or TWO Employed Persons years imprisonment Section 15 2 General Duties of Manufacturers 2 Maximum RM20,000 @ TWO Pertaining to Plant/Substances years imprisonment of both Section 23 | > General Duties of Employees 2 Maximum RM1,000 @ THREE Section 24 ‘months imprisonment of both | ‘© Duty Notto Interfere and Misuse Maximum RM20,000 @ TWO Section 25, years imprisonment of both 2 Discrimination against workers Maximum RM10,000 @ ONE and others year imprisonment of both Section 270) D Safety and Health Organisation 2 Maximum RM5,000 @ six months Sections 28, 29 & 30 imprisonment of both 2 Inspection 2 Maximum RM10,000 @ ONE Section 47 year imprisonment of oth 2 Failure to Comply 10 Notice 2 Maximum RMS0.000 @ FIVE Section 49 years imprisonment of both 4.13 Part XIIT- Appeal ‘This Part stipulates the provisions pertaining to the administration and handling of a) Appointment of Appeal Committe by Minister b) Chairman is appointed among the council members ©) Two other experienced persons 4) Power of the Appeal Committee to approve, cancel or amend order by the Director General under Subsection 50(1), of any notice of improvement or prohibition issued by Director General unde 48 ©) Judgment by Appeal Committee is final and conclusive and cannot be challenged in any court of law Section4.14 Part XIV - Regulations ‘This Part stipulates the provisions pertaining to Regulations made by the Minister to exercise the purpose of the Act. Among the scope of these Regulations include: a) Regulate or prohibit ~ Manufacture, supply and use of any plant ~ Conducting of any process or work operations b) Prescribe requirements with regatds to the examination, testing, analysis, labelling or marking or any substance ©) Ensure adequate welfare facilities ‘The Regulations made under ths provision (Section 66) are: ) Occupational Safety and Health (Employers’ Safety and Health General Policy Statements) (Exception) Regulations 1995 b) Occupational Safety and Health (Control of Industrial Major Accident Hazards) Regulations 1996 © Occupational Safety and Health (Safety and Health Committee) Regulations 1996 4) Occupational Safety and Health (Classification, Packaging and Labeling of Hazardous Chemicals) Regulations 1997 ©) Occupational Safety and Health Safety and Health Officer) Regulations 1997 8) Occupational Safety and Health Safety and Health Officer) Order 1997 2) Occupational Safety and Health (Prohibition of Use of Substances) Order 1999 h) Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000 i) Occupational Safety and Health (Notification of Accident, Dangerous Occurrence and Occupational Poisoning) Regulations 2004 4.15 Part XV— Miscellaneous ‘This Part stipulates the provisions pertaining to the duty to keep secret and penalties for any offence of the section which are: a) _Nopperson shall disclose any matter (manufacturing or commercial secret) which has come to his knowledge while performing his duties b) Maximum penalty RM20,000 or TWO years imprisonment or both 5.0 CONCLUSION Occupational Safety and Health Act 1994 (OSHA 1994) is necessary to overcome the limitations of the Factories and Machinery Act 1967 (FMA 1967) in the following areas: a) Scope of Application b) Prescriptive provisions © ApproachIn addition to this the high accident statistics, especially the rate of fatalities and petmanent disabilities in various sectors not covered under the FMA 1967 justify the need of an additional legislation in order for the Government to control work activities. This Act consists of 15 parts as discussed with the objectives as follows: a) To ensure the safety, health and welfare persons at work b) __Toprotect other persons from occupational safety and health risk related to the activities of person at work © Toestablish the National Council for Occupational Safety and Health Other related matters Study Focus Parts under Occupational Safety and Health Act 1994 Importance of the Occupational Safety and Health Act 1994 Philosophy and principles of Occupational Safety and Health Act 1994 Main provisions of the OccupationalAPPENDIX I FIRST SCHEDULE Subsection 12) 4) Manufacturing b) Mining and Quarrying © Construction @) Agriculture, Forestry and Fisheries ©) Electricity, Gas, Water and Sanitary Services {) Transport, Storage and Communication 8) Wholesale and Retail Trades fh) Hotels and Restaurants ) Finance, Insurance, Real Estate and Business Services ) Public Services and Statutory Authorities 20REFERENCES 1. Butterworths (1982). Law of Health and Safety at Work, Norman Selwyn 2. International Labour Organisation (1991). Profile on Occupational Safety and Health in Malaysia, H.Ono, Bangkok 3. Laws of Malaysia (1999). Factories and Machinery Act 1967 (A139) and Regulations and Rules; International Law Book Services, Malaysia 4, Undang-undang Malaysia (1999). Aésa Keselamatan dan Kesibatan Pekerjaan (OSHA) 1994 (4 514) dan Peraturan-Perasuran; International Law Book Services, Malaysia JKKP GP (BM & BI) (1/2000). Maklumat Mengenai Larangan Penggunaan Baban bagi Tiguan Tertentu. JKKP Malaysia 6. Pitman (1986). Ro PA Health and Safety Practice, Stranks and DemsC. OCCUPATIONAL SAFETY AND HEALTH (SAFETY AND HEALTH OFFICER) REGULATIONS 1997 1.0 INTRODUCTION ‘These Regulations were formulated to: 9 ») Control high risk industries Enhance the level of occupational safety and health in the high risk industries Establish an excellent and systematic workplace safety management system Enable employers to undertake work activites safely 2.0 CONTENTS These Regulations consist of Six Parts as follows: a) » ° a ©) h Preliminary Registration of a Safety and Health Officer Notification of a Safety and Health Officer Duties of an Employer Duties of Safety and Health Officers Miscellaneous 21 Part I- Preliminary 24.1 Interpretation (Reg: 2) ‘This part interprets the terms used in the Regulations. These include: » 9 a) BI Lost Time Injury ~ an injury which prevents any worker from performing his normal work and leads to a permanent or temporary incapacity 10 work. No lost time injury —an injury with no work is lost beyond that required for medical attention Near-miss accident — any accident ata place of which has the potential Of causing injury to any person or damage to any property Director General —Director General of Occupational Safety and Health appointed under subsection 5(1) of the Act Continuous Education Programme — a course, seminar, conference or other education programme in occupational safety and health or the equivalent thereof, approved by the Director General21.2. Application (Reg. 3) ‘These Regulations shall apply to: a) Any person who acts as a Safety and Health Officer (SHO) as required by the Act or any regulations made under the Act; and b) __Anemployer of the class or description of industries which are required to employ Safety and Health Officer under the Act. 2.2 Part II — Registration of Safety and Health Officer 2.21 Registration (Reg. 4) a) No person shall act as a SHO unless he is registered with the Director General b) Application for Registration (Regulation 5) should use the form as specified in Schedule 1 © The application for registration shall be submitted to the Director General together with any document and information as specified in the Form accompanied with a processing fee of RM100. 2.2.2 Qualification for Registration (Reg. 6) A person is qualified to register as a SHO under the following conditions (Regulation 6(1)): a) Holds a diploma of Occupational Safety and Health or equivalent approved by the Minister; b) Completed training course and passed the examination of Occupational Safety and Health or equivalent approved by the Minister and has minimum of 3 years experience in occupational safety and health; ©) Has been working in the area of occupational safety and health at least for a period of 10 years; or 4) Holds any other qualification or have undergo training as preseribed from time to time by the Minister A person shall not be entitled to register if at the time of application he has been: Reg, 6(2)) a) Convicted of any offences under the Act or any Regulations made under the Act or b) Convicted of any offences and sentenced to mote than I year imprisonment or a fine of more than RM 2,000; and ©) Declared as a bankrupt. 3|2.2.3 Certificate of Registration (Reg: 7) ‘The Director General will issue a certificate of registration in a prescribed form, 2.2.4 Compulsory Attendance for any Continuous Education Programme (Reg. 8) ‘A registered SHO shall attend any continuous education programme annually for the purpose of renewal of registration. 2.2.5 Refusal to Register (Reg. 9) ‘The Director General may refuse to register any application for registration if the applicant does not meet the requirements stipulated. 2.2.6 Duration of Registration (Reg. 10) ‘The registration is valid for three (3) years from the date of registration unless cancelled carlier under these Regulations. 2.2.7 Renewal of Registration (Reg. 11) An application for renewal of registration shall be made in the prescribed Form specified in Schedule II. The form shall be submitted to the Director General accompanied with 4 processing fee of RM 50.00. 2.2.8 Director General May Refuse to Renew Registration (Reg. 12) ‘The Director General may refuse to renew registration of any application if the applicant: a) Has ceased to become SHO; b) _Isaregistered SHO but has not yet been appointed since registration or renewal; ©) Has not met any requirements stipulated under these Regulations; @) Has no evidence of attending any continuous education programme or the equivalent thereof in the last three years as required under Reg, 8. 2.2.9 Cancellation of Registration (Reg. 12) ‘The Director General may cancel the registration of a SHO at any time, if he finds that the said SHO: a) Has ceased to become a SHO; b) Has been convicted of any offence under the Act or any Regulations made under the Act; ©) Has not met any requirments stipulated under these Regulations or any order made by the Minister under subsection 29(4) of the Act; or 4) Has obtained registration by mistepresentation or fraud.2.3 Part III - Notification of Officer Notification of SHO (Reg. 14). An employer shall notify in writing to the Director General within one (1) month of any: 4) Appointment of a SHO b) Termination or resignation of a SHO 24 Part IV-Duties of Employer 2.41 Facilities (Reg. 15) ‘An employer shall provide the SHO employed by him adequate facilities, including training, equipment and appropriate information for him to perform his duties. 2.4.2 Continuous Education Programme (Reg. 16) ‘An employer shall allow the SHO to attend any continuous education programme at least once in a year. 2.4.3 Investigation into Any Accident (Reg. 17) ‘An employer shall direct one supervisor or who has direct control on person or activity of the workplace to assist the SHO in any investigation. 2.5 Part V- Duties of Safety and Health Officers 2.5.1 Duties of a Safety and Health Officer a) Toassist the employer or Safety and Health Committee conduct OSH programmes; b) Tobe the Secretary to the Safety and Health Committee; ©) Toassist the Safety and Health Committee in any inspection; To collect, analyse and maintain statistics on any accident, dangerous ‘occurrence, occupational poisoning and occupational disease; ©) To assist any officer in carrying out his duties under the Act or any Regulations made under the Act; and f) To carry out any other instructions by the employer or any person in charge of the place of work on matters pertaining to safety and health at the workplace. 2.5.2 Safety and Health Officer to Submit Report (Reg. 19) ‘The SHO shall submit a monthly safety and health report to the employer before the tenth of the preceding month, 25‘The report shall contain, but not limited to the following particulars: ) Actions to be taken by the employer in order to comply with the requirements of the Act; Methods of establishing and maintaining safe and healthy working conditions in the workplace; ©) Number and types of accidents, near-miss accidents, dangerous occurrences, occupational poisonings or occupational diseases which have occurred in the workplace including the number of persons injured; 4) Any machinery, plant, processes which may cause harm; ©) Any machinery, plant, equipment, appliance, or any Personal Protective Equipment for the purpose of minimising any such risk; {Recommendations for any alterations or improvements to be made to the structure or layout of the workplace for the purpose of minimising risks; 2) Any works /activities related to safety and health which has been carried outs bh) Any outstanding matters arising from the previous report) till (@); or 3) Any other matters related to safety and health of persons working in the workplace. 2.5.3 Action to be taken on report (Reg. 20) \¢ employer or any person in charge of the workplace shall: 8) Discuss the report with the SHO not later than two weeks after receiving the report. ‘The employer shall countersign the reportin order to confirm, that he has received it b) Keep the report for at least ten years for the purpose of inspection or investigation 2.6 Part VI- Miscellaneous In the case of death, sickness or absence from work of a SHO, the Director General ‘may, authorise the employer, in writing, to allow work to be cartied out for a period not exceeding three (3) calendar months without the SHO. 3.0 OCCUPATIONAL SAFETY AND HEALTH (SAFETY AND HEALTH OFFICER) ORDER 1997 3.41 Introduction This Order is made by Minister to an occupier of a workplace required to employ a Safety and Health Officer (Section 29, OSHA 1994). It stipulates the provision for specific industries that are required to employ a safety and health officer 263.2 Industries Gazetted ‘The industries gazetted to employ an SHO are as follows: 8) Any building operations where the total contract price of the project exceeds RM20 million; b) Any work of engineering construction where the total contract price of the project exceeds RM20 million; © Any ship building employing at the peak of the work more than 100 employees; 4) Any gas processing activity or petrochemical industries employing more than 100 employees; © Any chemical and allied industry employing more than 100 employees; f) Any boiler and pressure vessel manufacturing activity employing more than 100 employees; 2) Any metal industry whete there is canning or stamping or blanking or sheating or bending operations and employing more than 100 employees; h) Any wood working industry where there is cutting or sawing or planning or moulding or sanding or peeling or any combination of the above, and employing more than 100 employees; ) Any cement manufacturing activity employing more than 100 employees; and i) Any other manufacturing activity other than the manufacturing activity specified in (f) — @), employing more than 500 employees ‘The list of industries above is specifically for activities with high risk in the manufacturing sector. Industries (f)~() are activities/work processes with high tisk activities compared 10 () which is considered to have low risk activities. 4.0 CONCLUSION ‘The Occupational Safety and Health (Safety and Health Offices) Regulations 1997 was made to stipulate the provisions for the registration of the SHO and specific duties of both the employer and SHO as discussed in this topic. The Occupational Safety and Health Gafety and Health Officer) Order 1997 was made to list the classes and types of industries which are required to employ a SHO due to inherent risks in their activities. YB Study Focus Objectives of SHO Regulations Parts under the SHO Regulations Duties of SHO List of industsies for which employment of a SHO is compulsory 8]REFERENCES 1. Butterworths (1982). Law of Health and Safety at Work, Norman Selwyn. 2 International Labour Organisation (1991). Profit on Occupational Safety and Health jn Masia, H.Ono, Bangkok 3. Undang-undang Malaysia (1999). Atta Keselomatan dan Kesihatan Pokerjaan (AKKP) 1994 (A314) dan Peraturan-Peraturan; International Law Book Services, Malaysia 4. Undang-undang Malaysia (1999), Peraturan Keselamatan dan Kesibatan Pekerjaan (Pega Keselamatan dan Kesibatan) 1997 5. Undang-undang Malaysia (1999), Perntab Kevlamatan dan Keston Pekerjaan Pagan Keselamatan dan Resibatan) 1997 8|D. OCUPATIONAL SAFETY AND HEALTH (SAFETY AND HEALTH COMMITTEE) REGULATIONS 1996 1.0 INTRODUCTION Section 30 of the Occupational Safety and Health 1994 (OSHA 1994) stipulates that a Safety and Health Committee shall be established at the workplace if: a) There are forty or more persons employed at the place of work or b) Directed by the Director General ‘The main objectives of the establishment of the committee are: a) To foster cooperation and consultation between management and workers b) To establish two way communication ©) To motivate and boost interest of all workers on issues related to safety and health However, these Regulations only stipulate the requirements to establish the committee and its functions as follows: 2) To review the effectiveness of the safety and health programmes b) To investigate safety and health issues and activities presumed to be unsafe to be brought to the attention of the employer ©) Any other functions as may be specified "The Regulations stipulates pro appointment of committee members, the committee's funetions and powers and other ions pertaining to the composition, selection and related issues. These Regulations, made on 3 December 1996, may be cited as the Occupational Safety and Health (Safety and Health Committee) Regulations 1996, 2.0 OCUPATIONAL SAFETY AND HEALTH (SAFETY AND HEALTH COMMITTEE) REGULATIONS 1996 ‘These Regulations consist of six main parts as follows: a) Part Preliminary b) Part =~ Composition of the committee © Part III - Functions of the committee 4) PartIV Meeting of the committee ©) PatV Provisions of training and information ) — PartVI = Penalty 3|24 Part I - Preliminary ‘This Part consists of the provisions for interpretations, application and duties of employer. 24.1 Interpretation (Reg. 2) a) Member: Member of a safety and health committee b) Safety Audits: Safety and health audit on the plant and work system to ensure safety and health of workers. ©) Safety and Health Auditors: Persons, whether employed at place of work or otherwise, appointed by the employer to conduct safety and audits at the ‘workplace. 4) Near-miss Accidents: Any acciddent at a place of work which has the potential of causing injury or damage. ©) Authorised Manager: A person authorised by an employer to deal with any matter relating to the safety and health of persons employed at the workplace 2.4.2 Application (Reg. 3) a) A Safety and Health Committee established under Section 30 of the Act b) A Safety and Health Committee formed before the commencement of these Regulations shall reorganise itself in accordance with these Regulations 24,3 Duties of Employer (Reg. 4) 8) Comply with Part II and Part IIT of the Regulations, b) Ensure compliance of Part IV and Part V of the Regulations 2.2 Part Il - Composition of Committee This Part consists of the provisions related to the composition of the committee such as membership, appointment and removal of members, adequate employee representation and filing of vacancies, 2.24 Membership (Reg. 5) ‘The safety and health committee shall consist of: 8] a) Chairman; b) Secretary (SHO or any person appointed by the Chairperson)*s ©) Representatives of employer; and 4) Representatives of employees.‘The number of representatives depends on the number of workers. If the workplace consists of less than 100 workers, 2 representatives from each side are required. Where there are more than 1100 workers there shall be not less than 4 representatives for each side, members from the committee shall be appointed if no SHO employed at the workplace 2.2.2. Appointment of Chairman and Secretary (Reg. 6) a) An employer or his authorised manager shall be the Chairman of the Safety and Health Committee b) The Secretary of the committee shall be the SHO or any member of the committe appointed or by ballot if there is no SHO. 2.2.3. Appointment of Other Members (Reg. 7) 4) Representatives of employer and employees shall be by - Nomination and ballot (if nominations excced required number) = Appointed by employer if no employee representative is available b) Members shall not be penalised in any manner for being absent from his normal duties at work while carrying out the functions of the committee 2.2.4 Adequate Employee Representation (Regulation 8) ‘The Regulations requice that the employees representatives should be able to represent the various sections of the workplace in order to ensure the smoothrunning of the funtions 2.2.5 Vacancy (Reg. 9) If vacancy occurs amongst the members of the committee, the Regulations require the vacancy to be filled by a person appointed in the same manner as the previous member of the committee, 2.2.6 Removal of Member of Committee (Reg. 10) [A member may be removed from the committee if he: a) Fails to attend 3 consecutive meetings b) Is found or declared to be of unsound mind ©) Becomes bankrupt 4) Is no longer employed at the workplace ©) Has been convicted of offences such as fraud, offences under a Jaw related to occupational safety and health or other criminal offences 6 Isunable or incapable of discharging his duties as a committee member 312.3. Part III - Functions of Safety and Health Committee ‘This Part stipulates the provions on the funcions of the safety and health committe, including inspection and accident investigations and handling of complaints at the ‘workplace as well as other elements pertaining to the implementation of the functions. 2.3.1 Functions of the Committee (Reg: 11) ‘The committee is entrusted to perform specific functions. Among them are to: a) Assist in the development of safety and health rules and safe systems of ‘work b) Review the effectiveness of the existing safety and health programmes ©) Conduct studies on trends of accidents, near-misses, dangerous ‘occurrences, occupational poisoning and diseases 4) Report to the employer any unsafe or unhealthy conditions/practices at the workplace with recommendations for corrective actions ©) Review the safety and health policies at the workplace and make recommendations to the employer for any revision of such policies 2.3.2 Inspection of the Place of Work (Reg. 12) ‘The Regulations require the committee to perform inspection at the workplace: a) Atleast once every 3 months b) Discuss and record observation into reports ©) To propose recommendations and actions for improvement to the employer 4) To record recommendations in a written report 2.3.4 Accident Investigation (Reg. 13) ‘The Regulations require the committee to conduct accident investigations in the event of an accident or incident, 4) The investigation shall be conducted as soon as itis safe to do so b) The Chairman shall discuss the cause of accident and recommend preventive actions 2.3.5 Action to be Taken on Committee Recommendations (Reg. 14) ‘The Regulations require the committee to take action upon receiving the report of investigation 2) Employer/Authorised Manager shall discuss the report and recommendations b) Safety and Health Officer shall record employer decisions in the discussiona) Instructions are to be issued to persons at the place of work 0 take action as agreed upon Employer shall keep a copy of the report in the place of work for a minimum period of 7 years 2.3.6 Matters to be Considered by the Committee (Reg. 15) a) » 9 o Any other reports apart from those under Reg, 14 which may be submitted by a Safety and Health Officer Any safety audits submitted by Safety and Health Auditors Any reports and factual information provided by the Occupational Safety and Health Officer Any reports by any other Government Agencies 2.3.7 Investigation of Complaint (Reg: 16) ‘To facilitate investigations on complaints, the employer should: a) ») ro 4 Provide and maintain a system of communication Receive and promptly attend to the complaint Refer the complaint to the committee Employees make a complaint direct to the committee ‘The committee shall investigate, prepare a report with recommendations to the employer. 2.3.8 Resolution of Complaint (Reg. 17) » b) Employer shall implement the recommendations as soon as it is practicable ‘The Committee: i) Shall be informed of the reason if the employer unable to implement the committee recommendations ii) May request the Director General to undertake an inspection of the workplace in cases where there is disagreement on the reason given. To do so, the committee shall submit: - The inspection or investigation report - The committee recommendations to the employer ~ Any other related documents/material evidences 2.3.9 Assistance of the Committee (Reg. 18) A Safety and Health Committee shall assist the employer in any promotion of safety and health such as: 6 9 Competitions Talks Other activities 8|2.3.10. Rules on Safety and Health (Regulation 19) Rules or procedure for safety and health is necessary to guide the workers in their daily job tasks. In the formulation of the rules: 2) The employer shall consult the committee to prepare the rules, b) The rules shall be ammendled, varied or rescinded by the committe with the approval of the employer ©) A copy of the rules shall be furnished to every individual employee A copy of the rules will be furnished to an Ocupational Safety and Health Officer when requested 2.3.11 Sub-committee (Regulation 20) A sub-committee shall be formed to assist the committee in the performance of its functions. 2.4 Part IV - Meetings of Safety and Health Committee 2.4.1 Frequency of Meetings (Reg. 21) 8) Mectasoften as may be necessary commensurate with the rsks at the workplace b) Atleast once in every three months ©) Members are to be given written notice and a copy of the agenda @) Meetings are called immediately in the event of an accident 2.4.2 Duty to Provide Facilities (Reg. 22) ‘The employer shall: 4) Provide a suitable place in the workplace for mectings to be held b) Permit each committee member to attend the meeting during working hours 2.4.3 Inaugural Meeting (Reg: 23) 8) The inaugural meeting shall be convened by the employes/authorised Manager b) Employer shall make known to members the policy, plans and proposals for safety and health at the workplace 2.4.4 Quorum (Reg. 24) ‘At every meeting, the quorum shall be the Chairman, the Secretary and not less that half of the remaining members 34‘Non-member May Attend Meeting (Reg. 25) 3) Those involved in or have knowledge of the accident under discussion b) Any other relevant party 2.4.6 Matters to be Discussed at the Meeting (Reg. 26) Only matters related to safety and health at the workplace shall be discussed in the meeting. 2.4.7. Minutes of Meeting (Reg. 27) 4) Acopy of the minutes of every meeting shall be distributed to members within two weeks after the meeting has taken place b) The employer shall keep a copy of the minutes for a minimum period of seven years ©) A copy shall be given to an Occupational Safety and Health Officer upon request 2.5. Part V- Provisions for Training and Information In order for the committe to function effectively, the employer shall: 8) Ensure that all members have a basic understanding and knowledge of the functions of the committee (Reg. 28) b) Take such steps as reasonably practicable to provide adequate training in OSH (Reg, 29) 9) Provide relevant information to the committee such as Reg, 30) i) The Act and all related legislations and regulations; if) Industry codes of practice and guidelines; iil) Information about safety plans and their implementation; iv) Technical information on hazards and preventive measures; ¥) Information on operation procedures, systems of work and; vil) Any other information as directed by the Director General 4) Information not to be Supplied (Reg, 31) An employer shall not make available to the safety and health committee the following: i) Information the disclosure of which would be prejudicial to the interest of national security, i) any information which he could not disclose without contravening a prohibition imposed by or under any written law; iif) Information specifically related to an individual, unless he has consented to its disclosure;jv) Information that could cause substantial injury to the employer’ undertaking; or ¥) Any information obtained by the employer for the purpose of the instituting, prosecuting or defending any legal proceedings. 2.6 Part VI- Penalty (Reg. 32) A person who contravenes any part of these Regulations shall be liable to a fine not exceeding RM 5,000 or 6 months imprisonment or both 3.0 CONCLUSION ‘The purpose of the formulation of the Occupational Safety and Health (Safety and Health Committee) Regulations 1996 are: 4 b) Do) To introduce consultation and cooperation among employer and employees: To provide a 2-way communication ‘To enhance interest and motivation among all members of the workplace towards ensuring safety and health These Regulations stipulate provisions as follows: a) b) ° d) 9 Composition of the committee Functions of the committee Meetings of the committee Provision of information and training Penalties Among the importance of establishment of the committee are: a » 8 ‘To get the involvement of individuals from all levels and divisions in the prevention of occupational accidents and diseases "Toanalyse past accidents, disease and incident trends to assist formulation of policies To ensure that there is continuous monitoring of safety and health at the workplace To cultivate and nurture awareness of safety and health among all individualsYBstudy Focus * The objectives of Safety and Health Committee Regulations 1996 © Importance of the Safety and Health Committee Regulations 1996 © Parts of ‘Safety and Health Committee Regulations 1996 g|REFERENCES 8| Butterworths (1982). [ow of Health and Safty at Work, Norman Selwyn International Labour Organisation (1991). Pryfie on Occupational Safty and Health in Malaysia, H.Ono, Bangkok Laws of Malaysia (1999). Factories and Machinery Act 1967 (A139) and Regulations and Rules, International Law Book Services, Malaysia Undang-undang Malaysia (1999). Atta Keselamatan dan Kesibatan Pekerjaan (AKKP) 1994 (A 514) dan Peraturan-Peraturan, International Law Book Services, Malaysia Undang-undang Malaysia (1999). Peraturan Keselamatan dan Kesbatan Pekerjaan (lamatankuara Keselamatan dan Kesibatan) 1996, Ysternational Law Book Services, MalaysiaE. FACTORIES AND MACHINERY ACT 1967 (ACT 139) 1.0 INTRODUCTION ‘The Factoties and Machinery Act was enacted in 1967 as Act 64. It was revised on 1° April 1974 and amended to the Laws of Malaysia Act 139. ‘The objectives of the Act are: 8) To provide control on factories to secure safety, health and welfare of person therein b) Por the purpose of registration and inspection of machinery and for matters connected therewith 2.0 CONTENTS The Acts consists of six (6) Parts and three (3) Schedules namely: a) Part I: Preliminary b) Part II: Safety, Health and Welfare ©) Part IIl: Persons in Charge and Certificates of Competency ) Part IV: Notification of Accident, Dangerous Occurrence and Dangerous Diseases ©) Part V Notice of Occupation of Factory, and Registration and Lise of Machinery ) Part Vi: General ® Schedule: i) First Schedule: Dangerous Occurrence ii) Second Schedule: Serious Bodily Injury iif) ‘Third Schedule: Notifiable Industrial Disease 24 Part I- Preliminary ‘This Part consists of nine (9) provisions: a) Shore title b) Interpretation of Factory ©) Interpretation — General 4) Appointment of Officers ©) Supervision of Officers 1) Officers are Public Servants 2 Powets of an Inspector h) Obstruction is an Offence 3) Persons not to Reveal Secrets ‘This Part provides the definition for terms used in the Act and Regulations. Under Section 2, a detailed interpretation of Factory is given. In summary, Factory may be 39defined as any premises or part of a premises where trade for the purposes of gain to any business, where 5 or more persons employed. Factory covers all places of work using machinery including building operations and works of engineering construction. Among the general interpretations stipulated are: a) Bodily Injury b) Building operations ©) Certificate of Competency 4) Certificate of Fitness ©) Chief Inspector, Deputy Chief Inspector Guard © Machinery Please refer to Factories and Machinery Act 1967 (FMA) for actual interpretation. ‘This Part stipulates the provisions for the appointment of officers, supervision of appointed officers (called Inspector in the Act) and powers of an Inspector. It also stipulates the provision against any person obstructing the duties of an Inspector shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding Five ‘Thousand Ringgit Malaysia (RM5,000) or to imprisonment not exceeding two yeats or both. This Part also stipulates the powers of an Inspector including the power to enter, inspect and examine, investigate and examine records and documents of a factory. It also outlines provisions for persons not to reveal secrets while performing his duties as to conform, to this Act. A person guilty of this offence shall, upon conviction, be liable to a fine not exceeding Five Thousand Ringgit Malaysia (RM5,000) or to imprisonment not exceeding two years ot both. 22 Part IT Safety, Health and Welfare Part II stipulates regulations pertaining to the Safety, Health and Welfare at he workplace to protect persons working within. There are sixteen (16) provisions in this part: 8) Provisions relating to safety, et. b) Persons exposed to explosive, inflammable substances, etc ©) Lifting of weights 4) Provisions against fire ©) Construction of machinery 6) Dangerous parts of machinery 2) Projecting material 1b) Machinery for hite or sale must comply with Regulations j) Machinery manufactured or repaired must comply with Regulations j) Certificate of Fitness k) Duties of persons employed D Duties of occupier m) Provisions relating to health,8) Exposure to elements ©) Personal protective clothing and appliances p) Provisions relating to welfare Explanations for Items a), m) and p) are as follows: 2.21 Provisions Relating to Safety, etc. Stipulates provisions on workplaces such as the conditions of floors, roofs, ladders, storage of substances, ventilation, sufficient lighting as well as provision of equipments for fire prevention and theie effective maintenance. 2.2.2 Provisions Relating to Health 2) Stipulates the provisions pertaining to factory hygiene, working space for workers, adequate ventilation and lighting, comfortable temperature levels and sufficient and suitable sanitary conveniences. b) __Italso stipulates for: i) Methods of enforcement by the Chief Inspector and Inspector ii) Power f the Minister to formulate Regulations as deemed necessary 2.2.3. Provisions Relating to Welfare 2) Stipulates the provisions such as adequate and suitable facilities for storage of clothing, drying of clothing, supply of clean drinking water, washing facilites and first-aid box b) The provision also stipulates the power of the Minister to make regulations as deemed necessary 2.3. Part III - Persons in Charge and Certificates of Competency Part III consists of five (5) provisions namely: a) Training and supervision of inexperienced workers b) Chief Inspector may make orders in circumstances ©) Young Persons under the age of 16 4) Certain machinery not to be operated without certificated staff ©) Panel of Examiners and Board of Appeal This Part stipulates the provision of persons in charge of handling certain machines (eg, machineries requiring certificate of fitness such as steam boilers), provisions for training and supervision of inexperienced workers, workers under the age of 16 and powers of the Chief Inspector to issue instructions/orders to ensure the safety and health of workers while handling machineries or processes. It also provides the procedures for examinations for obtaining competencies and the appeal process for any person. dissatisfied with the decision by the Board of Appeal.2.4 Part IV- Notification of Accidents, Dangerous Occurrence and Dangerous Diseases ‘This Part consists of three (3) provisions as follows: a) Accidents and dangerous occurrences to be reported b) Notification of industrial diseases ©) Investigation and enquiries In shorr, it stipulates the types of accident and dangerous occurrences that should be reported by an occupier, in the quickest means available, to the nearest Inspector. These include accidents whi 2) Caused loss of life to any person b) Causes bodily injury to any person preventing him from performing his ‘normal tasks for more than four days, or ©) Causes serious damage to machinery ot other property (eg fire) Under this provision, any industrial disease, as listed in the Third Schedule, such as lung disease and hearing loss, must be reported to the Chief Inspector by any registered. ‘medical practitioner. This Part also stipulates the investigation and enquiry procedures that must be followed by an Inspector in relation to handling accident, dangerous ‘occurrence/industrial diseases. 25 PartV-Notice of Occupation of Factory, and Registration and Use of Machinery ‘This Part consists of thirteen (13) provisions: 2) Operation of factory b) Building operations or works of engineering construction ©) Installation of machinery, ete 4) Application for registration ©) Register {) Moving or alteration of or addition to machinery to be approved Periodical inspections 1h) Questions for decision by an Inspector and appeals from such decision }) Report of changes, etc j) Machinery or factory no longer in use kK) Notice of sale, hire o transfer 1 Copy of report of enquiry may be supplied m) Power of the Chief Inspector and Senior Inspector at enquiries In general, this Part stipulates the administrative requirements (the requirements an occupier needs to exercise in order to comply to as listed above) to conform to the provisions of the Act. It also stipulates the powers awarded to the Chief Inspector and Senior Inspector during enquiries — equivalent to powers of a First Class Magistrate,2.6 Part VI- General ‘This Part stipulates the provisions related to offences against the provisions of the Act, fees for inspection or any requirement of the Act, exemptions, power of the Minister, power of the High Coust to modify agreements between the owner and the occupier, power to apportion expenses if any alterations of factory building and power of the Chief Inspector. It consists of fourteen (14) provisions namely: 2) Criminal or civil liability unaffected b) Fees ©) Chief Inspector's powers @) Offences ©) Penalties Prosecutions 8) Power to compound h) Power to modify agreements i) Power to apportion expenses j) Exemptions 1) Regulations 1) Medical supervision m) Repeal n) Amendment of Schedule Please refer to Act for further details and elaboration. 3.0 CONCLUSION ‘The Factories and Machinery Act 1967 (FMA 1967) is an Act that provides the controls, on a factory in order to ensure the safety, health and welfare of the workers and to regulate the registration and inspection of machinery and matters pertaining to it. The Act consist of six (6) main parts that stipulate general provisions on the scope of application, interpretation of the Act, administration of the factories and handling of machinery, duties of occupier and workers, powers of the Minister, Chief Inspector and the High Court and penalties of offences, All these provisions have been discussed in the topic. Y study Focus ‘© Objectives of the Factories and Machinery Act 1967 (FMA 1967) ‘* Contents of the Factories and Machinery Act 1967 (FMA 1967) 8|REFERENCES B| Butterworths (1982). Law of Health and Saféty at Work, Norman Selwyn International Labour Organisation (1991). Profle on Ocoupational Safety amd Health in Malaysia, H.Ono, Bangkok Laws of Malaysia (1999). Factories and Machinery Act 1967(A139) and Regalations «and Rules; International Law Book Services, Malaysia Undang-undang Malaysia (1999). Akta Keselamatan dan Kesibatan Pekerjaan (AKKP) 1994 (A514) dan Peraturan-Peraturan, International Law Book Services, Malaysia Pitman (1986). RoSPA Heath and Safety Practice, Stranks and DemsE_ HEALTH REGULATIONS UNDER THE FACTORIES AND MACHINERY ACT 1967 1.0 INTRODUCTION ‘There are four Regulations specifically related to health under the Factories and Machinery ‘Act 1967. They are: @) Factories and Machinery (Lead) Regulations 1984 b) Factories and Machinery (Asbestos Process) Regulations 1986 ©) Factories and Machinery (Mineral Dust) Regulations 1989 @) Factories and Machinery (Noise Exposure) Regulations 1989 ‘The objectives of these Regulations are: 4) To prevent any disease due to the excessive use and exposure to specific substances (lead, asbestos, mineral dust and noise) b) To establish a minimum standard to protect employees from exposure Important Aspects of the Regulations: 2) Competent person b) Maintenance, inspection and testing of controling devices. ©) Approval of monitoring and testing devices @) Approval of Personal Protective Equipment 2.0 STRATEGIES OF THE HEALTH REGULATIONS ‘Among the strategies and methods provided for in the Regulations to protect the employees health are: a) Setting of exposure limits b) Identifying and evaluating the degree of exposure ©) Reducing exposure through i) Engineering controls i) Administrative procedures ii) Personal protective equipment ) Detecting diseases through early medical surveillance ©) Creating awareness among the workers through training and information 3.0 MAIN HEALTH PROVISIONS ‘The Main Provisions stipulated under all four Regulations are as follows: 3) Preliminary - Interpretation and application) b) Permissible Exposure Limit©) Exposure Monitoring 4) Method of Compliance © Respiratory Protection 4) Protective Work Clothing and Equipment ®) Housekeeping h) Hygiene Facilities and Practices i) Medical Surveillance i) Medical Removal Protection k) Employee Information and Training 1) Warning Signages m) Miscellaneous Please refer to Appendis I for further details of each Regulation, 3 Application 3.1 Factories and Machinery (Asbestos Process) Regulations 1986 ‘These Regulations shall apply to all factories in which there is asbestos process, but shall not apply to any building operations or works of engineering construction Asbestos Process A manufacturing process involving the use of asbestos materials but does not include: 4) Quantities of dust generated that does not exceed the permissible exposure limit, or b) The cleaning of premises, plant, equipment, furniture or fittings of the factory 3.1.2 Factories and Machinery (Lead) Regulations 1984 ‘These Regulations shall apply to all factories in which any lead process is used andshall not apply to any building operations or works of engineering construction 3.4.3 Factories and Machinery (Mineral Dust) Regulations 1989 ‘These Regulations shall apply to all factories in which any mineral process is used. Mi 7 s A manufacturing process involving minerals. Note: Sand blasting process shall not be used in any factory, except with the prior written approval of the Chief Inspector Please refer to Appendix 2 for the list of Mineral Dusts 463.4.4 Factories and Machinery (Noise Exposure) Regulations 1989 ‘These Regulations shall apply to all factories in which employees are exposed to excessive noise levels in the workplace. Please refer to Appendix 3 for details on the enactment of Noise Exposure Regulations. 3.2. Permissible Exposure Limit (PEL) 3. Factories and Machinery (Asbestos Process) Regulations 1984 a) PE = 1 fibre/ml air average 8 hours 3.2.2. Factories and Machinery (Lead) Regulations 1984 a) PEL = 150 micrograms/ m' over 8 hour average }) Action level = 75 yig/m* over 8 hour average ©) PEL for exposure of over than 8 hours PEL (ug/m’) = 1200/(toral working hours/day) 3.2.3. Factories and Machinery (Mineral Dust) Regulations 1989 4) Dust containing free silica <1% silica: ‘Workers shall not be exposed at an average concentration over 8 hours: i) Smgnn" air (total dust) i) 10mg” air (oral dust) b) Dust containing free silica <1% silica Workers shall not be exposed at an average concentration over 8 hours: 1) 0,05mg m" air (respirable cristobalite/tridymite) ii) 0.10mg m* air (respirable quartz) 3.2.4 Factories and Machinery (Noise Exposure) Regulations 1989 a) 90 dBA 8 hours exposure b) Specifications for dose are as in the First Schedule Exchange rate adopted 5 dB Zach increase of 4 dB will result in half dose ©) Maximum level of 115 dBA shall not be exceeded at any time f) 140 dBis the peak level 2) Action level daily noise dose is 0.5 3.3 Exposure Monitoring Exposure monitoring that is required to be conducted under all four Regulations are as, follows: 47334 3.3.2 Initial Employee Exposure Monitoring 4) Sampling of employees suspected of high exposure b) The exposure monitoring will be conducted if the Initial employee exposure monitoring is above the action level. The frequency depends on the level of exposure which is i) Every 6 months i) Every 3 months iil) Once only Additional monitoring Additional monitoring is required in case of changes in: 3) Production b) Processes ©) Control measures or Personnel ‘That may result in new or additional exposure. The monitoring must be conducted by a Competent Person (for mineral dust and noise exposure). 34 ‘Methods of Compliance Methods of Compliance stipulated under the Health Regulations to reduce and control exposure below the Permissible Exposure Limits are as follows: 3.44 3.4.2 Use of 3.43 48 Engineering Controls 4) Ventilation, if installed, must be tested for effectiveness b) Must be examined and tested by a Competent Person (Asbestos Process, Mineral Dust) ©) Water spray (Mineral Dust) Control of Work Practices Including Administrative Controls Personal Protective Equipment and Protective Clothing 4) If other methods fail to reduce exposure b) Asa temporary measure in transition towards implementing more permanent method Provision of Respiratory/Ear Protection a) As approved by the Chief Inspector b) Where an employee is employed in a prescribed area or doing a prescribed work ©) Suitable for the work 4) Does riot cause harm the health of employees (noise exposure)3.4.4. Personal Protective Equipment a » 9 Are required if the exposure exceeds the Permissible Exposure Limit Should cover the entire body from the hazardous exposure Includes gloves, helmets, shoes, face shield, goggles or other protective equipments 3.4.5 Employer Should Provide Facilities for Cleaning, Laundry and Disposal of Protective Clothing and Equipment Please refer to the Regulations for further explanation, 35 ‘Hygiene Facilities and Practices 3.5.1 Housekeeping Under the Mineral Dust Regulations, occupiers are required to: 2) » 9 ‘Maintain and clean the floors from accumulation of mineral dust Ensure that cleaning is done by vacuums Ensure that cleaning is not be done by the use of compressed ait (Lead, ‘Mineral Dust) 3.5.2 Changing Rooms, Lockers and Showers ‘The Lead Regulations, Asbestos Processes Regulations and Mineral Dust Regulations require: 3.6 3.6.1 a » °) @ Separate storage (lockers) for clothing — work and daily clothes ‘Changing rooms (Asbestos Process, Lead) Showers (Asbestos Process, Lead) “Meals rooms and facilities to be separated from the workplace Medical Surveillance Factories and Machinery (Lead) Regulations 1984 D) » Examination shall be conducted if the employees are exposed more than thirty days per year. Blood lead sampling test frequency: ) 6 months ii) 3 months if 40-60ug/100g i) Monthly if 60-80 g/ 100g iv) Monthly during the removal period ¥) Monthly for a women employee of child-bearing capacity Medical examination frequency: ) Annually if * 40ug/100g i) Prior to assignment for each employee assigned for the first time to an area in which airborne concentrations of lead are at or above the action level 49iii) If there are symptoms of lead poisoning iv) As prescribed by a doctor for cach employee in the medical removal stage (if found testing is necessary) 3.6.2 Factories and Machinery (Asbestos Process) Regulations 1986 a) Medical examination shall be conducted on any employee: i) Exposed to asbestos in his normal employment/working hours, ‘whether continuously or not ii) Within 30 days from the day the employee commences work iii) Frequency of examination thereafter shall be at intervals of not Jonger than 2 years 3.6.3 Factories and Machinery (Mineral Dust) Regulations 1989 a) » Medical examination shall be conducted on any employee exposed to crystalline silica at or above action level Frequency of testing: i) Annually if employee shows early symptoms of pneumoconiosis ii) very 2 years if exposure is above action level 3.6.4 Factories and Machinery (Noise Exposure) Regulations 1989 9 b) Audiometric Testing Programme shall be conducted if employees exposed to noise level at or above the action level Frequency of testing: i) Every year: - If employee exposure is above the permissible exposure limit - If employee baseline audiogram shows a hearing impairment - If annual testing indicates a standard threshold shift i) Every 2 years: If employee is exposed to noise levels at or above the action level 80ue/100g ii) The average of the last 3 test indicates: 73.¢/ 100g iil) > 40,g/100g, for women employees of child-bearing capacity iv) ‘The health of employce is harmed based on medical test results or opinion3.7.2. Factories and Machinery (Asbestos Process) Regulations 1986 An employee should be removed from his work if based on the medical results or opinion that there are traces or symptoms of an early stage of asbestos induced disease. 3.8 Employee Information and Training In general, all the four Regulations require for training programmes for employees exposed above the action level ‘Training contents shall include: 3) The provisions in the Regulations and employees right b) The nature of the operation which can result in high concentration of contaminants and exposure ©) The purpose, proper selection, fitting, use and limitations of respiratory/ hearing protection @) The purpose and a description of the medical surveillance programme including information concerning the adverse effects 3.9 Warning Signages ‘Warning signages should be displayed at every work area where employees ate exposed to hazardous substances/excessive noise, 3.10 Recordkeeping Among the records that should be kept with specific retention time are as follows: 4) Monitoring records: i) For the employee's period of employment (Asbestos Process, Mineral Dust, Noise Exposure) ii) Blood lead test records - two (2) years b) Medical surveillance records: i) For the employee's period of employment (Lead, Asbestos Process) ii) Audiometrie test records - 5 years iil) Mineral dust records - 25 years * Records ate to be kept by employer/ registered medical practitioner. ©) Medical removal records: i) For the employee's period of employment (Lead) 513.11 Miscellaneous Any person who contravenes any provision of these Regulations shall be guilty of an offence and shall be fined: a) One Thousand Ringgit Malaysia (RM1,000) (Noise Exposure, Mineral Dust) b) One Thousand Ringgit Malaysia (RM2,000) (Lead Regulations, Asbestos Process) 4.0 CONCLUSION Four Health Regulations under the Factories and Machinery Act 1967 (FMA 1967) were enacted to set the minimum standards in order to ensure the protection of employees from excessive exposure to hazardous chemicals at the workplace. Among the methods and strategies employed are to establish exposure limits, conduct exposure monitoring, implementing control measures, provide for medical surveillance, information and training for the employees as discussed. By having these Health Regulations, occurrence Of diseases resulting from exposure to lead, asbestos, mineral dust and noise may be prevented g Study Focus Objectives of the Health Regulations under the Factories and Machinery Health (FMA 1967) Scrategies stipulated in the Health Regulations under Factories and ‘Machinery (FMA 1967) Main provisions of the Health Regulations under the Factories and Machinery Regulations (FMA 1967) 582APPENDIX 1 He y v abate Peta cE a Personal Protective Equipments =| V rg Good Housekeeping — voouyv v | Hygienic Practices and Facilities Vv | fap | crt | orn | is. ‘Medical Surveillance Tyvov ov) Aw ‘Transfer of Medical Protection v Training and InformationtoWorkers y= =v | y | ¥ ‘Waming Signages Va] ‘Miscellaneous P| PINS | P/sc | P/SC et Pret ir DW RarataReom nt rates fot Poa asa ayn hy Copyright@nzosH 2003 ° 3APPENDIX 2 SCHEDULE LIST OF MINERAL DUSTS Barite Garnet Mineral woot Chay Graphite Pete Coal Gpsum Portland Coment Comendon Kaolin Potash Kyanite Quark Soapstone Cristobalite Limestone Tale fe of asbestos fibre) Diatomite Magnesite ridin Feldspar Mia Marble Emery S|APPENDIX 3 Background of the Enactment of the Noise Exposure Regulations A Study was conducted between 1983-1990: a Sample: 302 factories; 45,974 workers b. Findings of the study: j) 50% had risk of hearing loss ii) 22% had hearing loss ii) 70% exposed to noise level > 904BA iv) Median age: 28 years old List of industries exposed to Noise and percentage of workers at risk: 1 | Textile Factories 59.2 2 | Metal-based Factories 549 3 | Chemical Industries 529 4 | Beverages Industries 524 5 | Mineral Substances Manufacturing Factories 518 6 | Food Factories 494 7 | Metal Production Factories 489 8 | Palm Oil Factories 489 a|REFERENCES 6. 56 Butterworths (1982). Law of Health and Safety at Work, Norman Selwyn International Labour Organisation (1991). Profle on Occupational Safety and Health in Malaysia, H.Ono, Bangkok. Laws of Malaysia (1999). Factories and Machinery Act 1967(A139) and Regulations and Rades, taternational Law Book Services, Malaysia Laws of Malaysia (1999). Factories and Machinery (Lead) Regulations 1984, International Law Book Services, Malaysia Laws of Malaysia (1999). Fuctories and Machinery (Asbestas Process) Regulations 1986, International Law Book Services, Malaysia Laws of Malaysia (1999). Factores and Machinery (Noise Escpasure) Regulations, 1989, International Law Book Services, Malaysia Laws of Malaysia (1999). Factories and Machinery (Mineral Dusts) Regulations, 1989, International Law Book Services, Malaysia Pitman (1986). RoSPA Health and Safety Practice, Stranks and DemsG. SAFETY REGULATIONS UNDER FACTORIES AND MACHINERY ACT 1967 1.0 INTRODUCTION ‘The objectives of stipulating Safety Regulations under the Factories and Machinery Act 1967 are: 8) To prevent accidents due to the use and handling of machinery in factories b) To set minimum standards to protect the employees while at work 1.1 Important Aspects 8) Competent persons b) Maintenance, inspection and testing of machinery ©) Approval for hazardous machinery (certified) 4) Approval for machinery installations 2.0 | STRATEGIES OF THE SAFETY REGULATIONS Among the strategies employed in the Safety Regulations in the protection of the employees are: a) Setting of standards for use and handling of hazardous/high risk machinery b) Identifying and assessing the level of risk/danger of handling the machinery and its environment ©) Reducing exposure by. i) Engineering controls iil) Administrative procedures iil) Provision of Personal Protective Equipment @) Establishing standards for persons handling dangerous/hazardous ‘machinery ©) Creating awareness among the employees through provision of training and information 30 SAFETY REGULATIONS UNDER THE FACTORIES AND MACHINERY ACT 1967 ‘There are seven (7) Safety Regulations under Factories and Machinery Act 1967: a) Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) Regulations 1970 87b) Factories and Machinery (Person-In-Charge) Regulations 1970 ©) Factories and Machinery (Blectric Passenger and Goods Lift) Regulations 1970 d) Factories and Machinery (Fencing of Machinery and Safety) Regulations 1970 ©) Factories and Machinery (Safety, Health and Welfare) Regulations 1970 {) Factories and Machinery (Notification, Certificate of Fitness and Inspection) Regulations 1970 ® Factories and Machinery Building Operations and Works of Engineering Construction) (Safety) Regulations 1989 3.1 Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) Regulations 1970 3.1.1 Application Every steam boiler and unfired pressure vessel to which an authorised safe working pressure has not been assigned by the Chief Inspector, unless given exemption by the Chief Inspector subject to such conditions as he may specify in the certificate. 3.1.2 Main Provisions ‘The main provisions under the Regulations cover: 2) Manufacture of boilers and pressure vessels b) Imported steam boilers and pressure vessels, ©) Steam boilers 4) Pressure vessels 2) Miscellaneous There are also four (4) Schedules under Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) Regulations 1970, They are: 8) First Schedule: Material Code b) Second Schedule: Design Codes ©) Third Schedule: Design Codes 4) Fourth Schedule: Inspecting Authorities 3.1.2.1 Manufacture of Boilers and Pressure Vessels, a) Prohibition of manufacturing without the permission of the Chief Inspector b) Procedure of application to manufacture: i) Three copies of the design i) Drawing: iil) Particulars of the code, rules or specifications of the design iv) Fees for approval of design 3|3.1.2.2 Imported Steam Boilers and Pressure Vessels a) Approval procedures for imported steam boilers and pressure vessels: i) Certificate from the manufacturer i) Three copies of design drawing iil) Particulars of the design, rules oF specifications of the design iv) Details of the heating surface of the steam boilers 3.1.2.3 Steam Boilers Among the provisions stipulated are: 8) Essential fitting such as safety valves, water pump etc b) Boiler houses ©) Burning system and equipment d) Steam tests ©) Registration 3.1.2.4 Unfired Pressure Vessels Among the provisions stipulated are: ») b) 9 ¢ 9 Essential fitting such as safety valves, pressure gauge, manufacturer's ‘name plate Location of safety valves Installation Supports Cubic Capacity 3.1.2.5 Miscellaneous Among the provision stipulated are: a) » 3 d 5 » hy) Pipe connection and installation Hydrostatic tests Maintenance Notifiable occurrences such as the bursting of a tube Repairs Registration number plate Records Fees for approval of design and hydrostatic tests 3.2 Factories and Machinery (Person-In-Charge) Regulations 1970 “These Regulations consists of two (2) parts 3.21 Part I: Machinery Requiring Certified Person In-Charge a) ») 9 a Steam boilers Steam Engines Internal combustion engines DredgeCex te of Competency: 2) Visiting Engineer duties (Reg, 5) b) Assessment of drivers of Steam boilers/Steam Engine - number and grade (Reg. 13) 3.2.2 Part Il: Training of Operators of Machinery (Reg: 20) ‘Training should be provided for any operators of machinery as listed under the schedule (Please refer to the Regulation) Exemptions: a) Electrode boiler b) Steam tube oven ©) Steam tube hotplate 4) Autoclave ©) Any steam boiler in which the steam generated is retained inside the boiler 3.3 FACTORIES AND MACHINERY (Electric passenger and goods lift) REGULATIONS 1970 3.3.1 Application (Reg. 3) Shall apply to all electric passenger and goods lifts except those to be exempted by the Chief Inspector for specific reasons. 3.3.2. Main Provisions Among the main provisions stipulated under these Regulations are: 3.3.2.1 Approval of installation of lift (Reg. 6) Procedures for approval include submission oft 4) The dimensions and particulars of the lift }) Drawings showing the particulars and position ©) Manufacturer's certificate 4) Contificate proof of testing of safety features and gear (Part IT) ©) Certificate proof of testing of the wire rope 3.3.2.2 Design, construction, installation and testing Among the provisions stipulated are: a) Lift loading and capacity (Reg. 7) b) Safety gear (Reg. 22) ©) Lift operations and control (Reg. 28) d) Tests conducted on safety gear and governor (Reg, 30(1) (3))3 3Maintenance (Part IIT) 3.3.2.4 Duties of the Owner (Reg. 31) ‘The owner shall: a) Enter into agreement with an approved maintenance firm b) Inform the Inspector of the agreement ©) Provide and maintain a record for every lift (Schedule 2) d) Ensure duties of the competent person (Reg. 31 (5)) ©) Have the duty to maintain #) Examine the lift at least once in 3 months 3.3.2.5 Miscellaneous (Part IV) a) Notice (Reg, 32) Shall display the certificate of registration in the lift car or adjacent to the bottom terminal landing b) Attendants (Regulation 33) ‘An Inspector may direct the attendant to cease work when he appears, to be incompetent ©) Penalty (Regulation 34) Any person contravening these Regulations may be fined not exceeding RMI,000. 34 Factories and Machinery (Fencing of Machinery and Safety) Regulations 1970 3.4.1 Main Provisions ‘These Regulations stipulate provisions pertaining to: a) » 3 d) Fencing dangerous parts of machinery Construction and maintenance of fencing Categories and types of machinery required to be fenced ‘Transmission Machinery and Driven Machinery Among the main provision stipulated are: 3.4.1.1 General Conditions 2) » 9 a 3 3.4.1.2 Fencing /Guarding fc » Fencing of machinery (dangerous parts) (Reg: 4) Construction and maintenance of fencing (Reg. 6) Construction of machinery (Reg, 9) Starting and stopping appliance (Reg.10) Blectrical apparatus (Reg, 11) Prime Movers Flywheel, cranks, cross heads, rods, clutches, governor, starting arrangements 61b) Transmission Machinery (Part I1J) ) Shafts within a height of 6 feet 6 inches (6°6") from any floor or work platform i) Under work benches © Driven Machinery (Part IV) Machines using rollers such as rolling mill, dough rollers, rubber sheeting, machine 3.4.1.3 Safety Controls such as: ) Governor on the prime movers (Reg.15 (d)) b) On transmission machinery (Part III) such as: ) Providing and maintaining quick power cut-off device i) Construction of a strong upper structure for every moving crane to ensure capability to handle load iil) Method of cleaning and testing of rollers 3.4.1.4 Transmission Machinery (Part III) 8) Prohibition to lubricate, adjust or apply dressing to any transmission machinery in motion unless it is done outside the fencing (Reg. 19(1)) b) No transmission machinery shall be lubricated by hand while ia motion Reg, 192)) 3.4.1.5 Driven Machinery (Part IV) ‘The provisions stipulated relating to driven machinery in respect to abrasive, grinding, polishing and buffing machinery (Regulation 22) shall apply: a) General provisions (sub Reg3) {) Every floor stand for grinding, polishing or buffing machinery shall be rigidly constructed and sufficiently heavy for the machinery and withstand vibration (Reg, 22(3)(a)) ii) Provision for protection of eyes is required for workers handling or operating grinding, polishing or buffing machinery (Reg. 22(3)(b)) ii) Workers protection iv) Woodworking saws (Reg. 24) vy) Regulations apply to fencing and safety of saws such as band. sav, circular saw, cross cut sav, mill rip saw, swing pendulum saw and travelling saw vi) Power Press (Reg. 34) vi) Applies to equipments such as power press, punch press, hydraulic press and platen press 3.4.1.6 Duties and Liabilities (Part V) a) Occupier and owner must comply to the Regulations (Reg, 42)(1)) b) Operator's duty to make use of fencing (Reg, 42 (2)©) Penalty (Reg. 43) offences against these Regulations shall be liable to a fine not exceeding RM1,000, d) The Chief Inspector of a Deputy Chief Inspector may compound offences involving the contravening of Regulations 10, 14, 22, 23, 24, 25, and 26 3.4.1.7 Schedules ‘There ate seven (7) Schedules under these Regulations. They ai a) First Schedule - Guards b) Second Schedule - Construction of Railings ©) Third Schedule- Protection Hoods ) Fourth Schedule - Flanges for Straight Sided Adaptorand Sleeve Mounted Abrasive Wheels ©) Fifth Schedule - Bridge Guard for Mee Rollers Sixth Schedule - Platform Guard for Horizontal Two Roll Mills used in the Manufacturre of Crepe Rubber Seventh Schedule - Power and Punch Presses (hand-fed) 3.5 Factories and Machinery (Safety, Health and Welfare) Regulations 1970 ‘These Regulations stipulates the provisions pert ing to safety, health and welfare such a) Factory not to be used as family dwelling (Reg. 3) b) Underground room not to be used for a factory (Reg, 4) ©) Floors shall be maintained in a level good and non-slippery (Reg, 6) ) Openings such as such as hatchways, chutes, pits and trapdoors are to be fenced ©) Workets working at heights of mote than 10 feet must be provided with safery belts (Reg. 12) £) Provisions for work in confined spaces (Reg.13) 3.6 Factories and Machinery (Notification, Certificate of Fitness and Inspection) Regulations 1970 ‘These Regulations consists for four (4) Parts stipulating the following provisions: 3.6.1 Part I Notification of factory operations, use of machinery, accidents and industrial diseases, 3.6.2. Part IT “Machinery requiring certificate of fitness (Reg 10). ‘The owner of machinery shall hold a valid certificate of fitness for any: a) Steam boiler b) —_Unfired pressure vessel ©) Hosting machine3.6.3 Part IIT Inspection of factory and machinery: ‘Types of inspections are: a) Initial Inspection (Reg, 13) b) Regular Inspection (Reg, 14) ©) Special Inspection (Reg. 20) 4) Supplementary Inspection (Reg.19) ©) Further Inspection (Reg, 21) ) Preparation for Regular Inspection (Reg, 17) 3.64 PartIV Inspection Fees. Fees shall be charged for any inspection of factory, machinery, steam. boiler, unfied pressure vessel and hoisting machine. (Regulations 33, 34, 35, 38) 3.7 Factories and Machinery (Building Operations and Works of Engineering Construction) Regulations 1989 ‘These Regulations stipulates various provisions and measures that are required to be adhered to when operating and performing works of engineering construction 3.7.1 Main Provisions Among the provisions ate: 3) Definition b) Application ©} Obligation of every Contractor, Employer and Employee d) Application of Factories and Machinery (Fencing of Machinery and Safety) Regulations 1983 ©) Hazards such as drowning, slipping, tipping and electrical hazards f) Chemicals, dusts and gases, 2) Bye, body, respiratory protection and the use of safety helmets b) Storage of materials and disposal of debris, }) Public vehicular traffic j) Stability of structures Kk) Access and egress routes }) Illumination of passageways m) Site Safety Supervisors n) Contractor's Safety Supervisors ©) Safety Committee 3.711 Duties a) Site Safety Supervisors: i) Inspect and rectify any unsafe place of work ii) Correct any unsafe practices 2 ii) Check and monitor Sub-contractor’s work iv) Liaise with Contractor's Safety Supervisors») Contractor Safety Supervisors (for any contractor with more than 20 workers) Part-time (5 hours per week): i) Safety supervision i) General promotion of safe work conduct among employees 3.7.1.2 Safety Committee (for the main contractor with more than 50 workers) Objectives: 2) 6) °) "To monitor the safety and health condition in the worksite ‘To meet at least once a month Members: Main contractor, site safety supervisors, contractors’ representatives 3.7.1.3 Inspection and Supervision by Designated Person Works to includ 2) D) ° 4 °) 9 Concrete activities (formwork) and others Erection / dismantling of scaffolding Installation of safety nets Demolition of walls and others Any pile drivers before commencing work Every safety belt and life line 3.7.1.4 Provision of Safety Measures for: a) b) 9 d) ° A 2) h) Shoring, stripping activities Work on steep roofs Demolition works Excavation works Material handling, storage, use and disposal Piling works Blasting and the use of Explosives Use of hand and power tools 3.7.1.5 Construction and Design Method 2) b) ) 4 °) 5 @ hy i) i K } Catch platform Chute Runways and ramps Ladders and step-ladders Scaffolds Work platforms Provision for maintenance of roofs, gutters, windows, louvers and ventilators, Crawling boards Safety belt and respirators Safety net Scaffold Electrical wires, a|3.7.1.6 Certified Design by a Professional Engineer a) Catch platform b) Metal tube scaffolds >40m ©) Other types of scaffolds > 15m. @) Concrete works such as: i) formwork il) reshores ©) Floor and stripping activities 3.7.1.7 Use of Approved Equipments a) Safety belt b) Safety net ©) Safety helmet 4) Electrical Installation {approved by the Chief Inspector) 3.7.1.8 Stipulates the types of: a) Runways and ramps to be used b) Ladder and step-ladders ©) Scaffolds d) Hand and power tools 4.0 CONCLUSION “The Safety Regulations under the Factories and Machinery Act 1970 were enacted for the purpose of a) Preventing accidents due to the use and handling of machinery at the factory b) Establishing a minimum standard to protect workers ‘These Regulations stipulate detailed provisions and measures in the prevention and the control of hazards that an employer and workers should undertake to prevent unwanted incidences at the workplace. The Regulations also stipulate controls over use and handling machinery establishing the need for certificate of fitness and the registration of the competent persons. B Study Focus | | | * The objectives of Safety Regulations under Factories and | Machinery Act 1967 | # Strategy of the Safety Regulations under Factories and | Machinery Act 1967 ! Main provisions of the Regulations !REFERENCES 1 2. 10. Butterworths (1982). Lan of Health and Safity at Work, Norman Selwyn International Labour Organisation (1991). Profle on Ozenpational Safety and Health in Malaysia, HOno, Bangkok Undang-undang Malaysia, 4éz2 Kilany dan Jentera 1967 (FMA1967) dan Peraturan-Peraturan, International Law Book Services, Malaysia PPeraturan Kilang dan Jentera (Dandang Stim dan Pengandung Tekanan Tidak. Berapi) 1970 Peraturan Kilang dan Jentera (Orang yang Menjaga) 1970 Peraturan Kilang dan Jentera (Lif Elektrik Penumpang dan Barang) 1970 Peraturan Kilang dan Jentera (Pemagaran Jentera dan Keselamatan)1970 Peraturan Kilang dan Jentera (Keselamatan, Kesihatan dan Kebajikan) 1970 Peraturan Kilang dan Jentera (Pemberitahuan, Sijil Perakuan Kelayakan dan Pemeriksaan) 1970 Peraturan Kilang dan Jentera (Kendalian Bangunan-dan Kerja Binaan Kejuruteraan)(Keselamatan) 1989 67H. EMPLOYMENT ACT 1955 AND EMPLOYEES’ SOCIAL SECURITY ACT 1969 1.0 | INTRODUCTION ‘There are a few legislations enacted in Malaysia to ensure the welfare and protection of employees’ right in relation to accidents. The legislations are Workmen's Compensation Foreign Worker's Scheme) (Insurance) Order 1998, an order to employment of protect the foreign workers and the Employment Act 1955 and Employees’ Social Security Act 1969. These legislations stipulate the duties of the employer in ensuring the welfare of employees such as leave, working hours and protection of certain contingents. 11 Provisions of the Act [Among the main provisions stipulated are: a) Contract of Service b) Payment of Wages ©) Deductions from Wages @) Relating to the ‘Truck System, ©) Priority of Wages {) Contractors and Principals 2) Employment of Women h) Maternity Protection i) Domestic Servants j) Rest Days, Hours of Work, Holidays and other condition of service k) Termination, Lay-Off and Retirement Benefit }) Employment of Foreign Employees m) Register, Returns and Notice Board 1) Inspection ©) Complaints and Inquires p) Procedure ) Offences and Penalties s) Regulations s) Repeal and Saving 2.0 EMPLOYMENT ACT 1955 ‘The objectives of the Act are: a) To provide legal provision pertaining to employment of employees b) To ensure the right of workers employed by the employer ‘This Act shall apply to West Malaysia only.