PDT 209

INDUSTRIAL SAFETY

INTRODUCTION TO OCCUPATIONAL SAFETY

AND HEALTH LEGISLATIONS IN MALAYSIA -
 ACT514 - OCUPATIONAL SAFETY AND HEALTH ACT, 1994
(OSHA)
OBJECTIVES
 Exposure to OSH related legislations in
Malaysia
 Describe the differences between the
laws
 Describe the key elements in both laws
INTRODUCTION
 CODE OF LAWS OF HAMMURABI
(2000 BC) KING OF BABYLON 
(CONSTRUCTION LAW) 
 If a builder built a house for a man and do not make its construction
firm and the house which he has built collapse and cause death of
the owner of the house - the builder shall put to death
 If it cause the death of the son of the owner of the house- they shall
put to death a son of the builder
 If it cause the death of a slave of the owner of the house- he shall
give the owner of house of slave of equal value
 If it destroy property, he shall restore whatever is destroyed, and
because he did not make the house which he built firm and
collapsed, he shall rebuilt the house which collapsed at his own
expense
 If a builder built a house for a man and do not make its construction
meet requirements and a wall fall in, that builder shall strength the
wall at his own expense
HISTORY OF MALAYSIA’S OSH
LEGISLATION
 Selangor Boiler Enactment 1892
 Perak Boiler 1903
 Machinery Ordinance 1913
 Machinery Enactment 1932
 Factory and Machinery Act 1967
 Lift Regulation 1970
 Lead Regulation 1984
 Noise Regulation 1989
 Mineral Dust Regulation 1989
 Asbestos Regulation 1991
 Occupational Safety & Health Act 1994
CATEGORY OF OSH LEGISLATION IN
MALAYSIA
 Specific laws e.g.:
 Pesticide Act 1984.
 Petroleum (Safety Measures) Act 1984.
 Atomic Energy Licensing Act 1984.
Electrical Supply Act 1990.

9
OTHER RELATED LAWS:
 Fire Services Act 1988
 Uniform Building By-Law 1984
 Petroleum Safety Measures Act 1984
 Gas Supply Act 1993
 Diesel and Gas Storage Requirement
 Electricity Supply Act 1990
 Poison Act 1952
 Pesticide Act 1974
 Road Transport Act 1987
 Atomic Energy Licensing Act
 Environmental Quality Act 1974
SITE REGULATIONS:
OCCUPATIONAL SAFETY & HEALTH ACCIDENT
IN MALAYSIA BY SECTOR

Resource : DOSH website

OCCUPATIONAL SAFETY & HEALTH
ACCIDENT IN MALAYSIA BY STATE

Resource : DOSH website

ACT 514
OCUPATIONAL
SAFETY AND HEALTH
ACT, 1994 (OSHA)
IN 1994, OSHA WAS ENACTED.

OSHA WAS ENACTED BY DULI YANG MAHA

MULIA SERI PADUKA BAGINDA YANG DI
PERTUAN AGONG WITH THE ADVICE AND
CONSENT OF DEWAN NEGARA AND DEWAN
RAKYAT IN PARLIAMENT ASSEMBLED, BY
THE AUTHORITY OF THE SAME
WHAT IS OSHA
(OCCUPATIONAL SAFETY AND HEALTH
ACT 1994, (ACT 514))

An act to make further provisions for

securing the safety, health and welfare of persons
at work, for protecting others against risks to safety
and health in connection with the activities of
person at work, to establish the National Council
for Occupational Safety and Health and for matters
connected there with
 ABOUT OSHA
 Occupational Safety and Health Act 1994
(Act 514)

 Was implemented on 25 February

1994

 As a guideline used by public or

private sectors in preparing the safety
and health policy in their workplace
 ABOUT OSHA
In this Act,

-the responsibility for OSH at

workplace are shared between
employers and employees

- moved from the era of direct

government supervision to the era of
self help and self regulation

-implying bigger and more active

role for employers and employees
Aiming to improve the management and
awareness of health and safety issues

In the long term, it aims to encourage the

safety culture among employer and
employee in the industry

To provide the means whereby the

associated occupational safety and health
regulations and approved industry code of
practice operating in combination with the
provisions of the Act, designed to maintain
or improve the standards of safety and
health
COMMON TERMS:-

 Government
 Federal, state or local government
 Immediate employers
 Employee directly employed by or
through him
 Principal employers
 Owner of industry
 Occupier
 Government
 Legal representative of deceased
owner or occupier
COMMON TERMS:-

 Employee/Workers
 Directly employed by principal
 Employed by or through immediate
employer
 Temporary engage to principal by
manpower supply firm
 Occupier
 Person who manage or has control
over a work place
COMMON TERMS:-

 So far as is practicable – execute any

action after consider
 Severity of hazard and risk
 State of available knowledge on
hazard and risk and mitigation
action
 Availability and suitability of ways to
mitigate the hazard/risk
 The cost of mitigation
COMMON TERMS:-

 Premises
 Land, building & part of it
 Vehicle, vessel or aircraft
 Installation on water and land
 Tent and movable structure
 Place of works
 Premises where person work or
use for storage
 Plant
 Machinery, equipment, appliance,
tools and part of it incl. accessories
OBJECTIVES OF THE ACT

Part 1(4)

The objectives of this Act are:

a)To secure the safety ,health and

welfare of persons at work against
risks to safety or health arising out of
the activities of persons at work;
b) To protect persons
at a place of work other
than persons at work
against any risks to
safety or health arising
out of the activities of
persons at work
c) To promote an
occupational
environment for
persons at work
which is adapted to
their physiological
and psychological
needs
d) to provide the means whereby
the associated occupational safety
and health legislations may be
progressively replaced by a system
of regulations and approved industry
codes of practice operating in
combination with the provisions of
this Act designed to maintain or
improve the standards of safety and
health.
SCOPE OF OSHA
 Scope of this act covers all working
people in sectors such as manufacturing,
mining (quarry), construction, forestry
and fishery, utilities including electricity,
gas, water, sanitary services,
transportation, storage and
communication, wholesale and retail
trades, hotels and restaurants, real
estates and business services, finance,
insurance, public services and statutory

 However, it does NOT apply to work on

board ships and armed forces (S. 1 (3)) –
they have their own ordinances.
 CONTENTS

OSHA span over fifteen parts and

three(3) schedule

This act enables measures over

existing health and safety regulations

Complement existing legislation

In the event of any conflict, the

provision of OSHA shall prevail
 CONTENTS
PART I – PRELIMINARY

PART II – APPOINTMENT OF OFFICERS

PART III – NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY &

HEALTH

PART IV – GENERAL DUTIES OF EMPLOYERS AND SELF EMPLOYED

PERSONS

PART V – GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND

SUPPLIERS

PART VI – GENERAL DUTIES OF EMPLOYEES

PART VII – SAFETY & HEALTH ORGANISATIONS

PART VIII – NOTIFICATION OF ACCIDENTS, DANGEROUS

OCCURRENCE, OCCUPATIONAL POISONING AND
OCCUPATIONAL DESEASES AND INQUIRY
 CONTENTS
PART IX – PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE

PART X – INDUSTRIES CODE OF PRACTICE

PART XI – ENFORCEMENT AND INVESTIGATION

PART XII – LIABILITY FOR OFFENCES

PART XIII – APPEALS

PART XIV – REGULATIONS

PART XV – PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE

PART IX – PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE

PART XV - MISCELLANEOUS
PART III
National council for occupational Safety & health

Section 8.
Establishment of the Council. There shall
be established a council called the
"National Council for Occupational
Safety and Health".
PART III
National council for occupational Safety & health

Section 9. Membership of the Council.

(1) The Council shall consist of not less than twelve and not
more than fifteen members who shall be appointed by the
Minister, of whom -
(a) three persons shall be from organizations representing
employers;
(b) three persons shall be from organizations representing
employees;
(c) three or more persons shall be from Ministries or Departments
whose responsibility is related to occupational safety and
health; and
(d) three or more persons, of whom at least one shall be a woman,
shall be from organizations or professional bodies the activities
of whose members are related to occupational safety and
health and who, in the opinion of the Minister, are able to
contribute to the work of the Council.
PART III
National council for occupational Safety & health

Section 11.
(1) The Council shall have power to do all
things expedient or reasonably
necessary for or incidental to the
carrying out of the objects of this Act.
PART IV
General duties of employers and self-
employed persons
Section 15. General duties of
employers and self-employed
persons to their employees.

(1) It shall be the duty of every employer

and every self-employed person to
ensure, so far as is practicable, the
safety, health and welfare at work of all
his employees.
PART IV
General duties of employers and self-
employed persons
Section 15. General duties of
employers and self-employed
persons to their employees.

(2) Without prejudice to the generality of

subsection (1), the matters to which
the duty extends include in particular:
PART IV
General duties of employers and self-
employed persons
Section 15.(2)
(a) the provision and maintenance of plant and systems
of work that are, so far as is practicable, safe and
without risks to health;
(b) the making of arrangements for ensuring, so far as is
practicable, safety and absence of risks to health in
connection with the use or operation, handling,
storage and transport of plant and substances;
(c) the provision of such information, instruction, training
and supervision as is necessary to ensure, so far as
is practicable, the safety and health at work of his
employees;
PART IV
General duties of employers and self-
employed persons
Section 15.(2)
(d) so far as is practicable, as regards any place of work
under the control of the employer or self-employed
person, the maintenance of it in a condition that is
safe and without risks to health and the provision
and maintenance of the means of access to and
egress from it that are safe and without such risks;
(e) the provision and maintenance of a working
environment for his employees that is, so far as is
practicable, safe, without risks to health, and
adequate as regards facilities for their welfare at
work.
PART IV
General duties of employers and self-
employed persons
Section 15.
3.For the purposes of subsections (1) and (2)-

b) The duties of an employers or a self employed person

under subsection (1) and (2 ) extend to such an
independent contractor and the independent self
employed contractor’s employees in relation to
matters over which the employer or self employed
person

i) has control
ii)would have had control but for any agreement between
the employer or self employed person and the
PART IV
General duties of employers and self-
employed persons
Section 16. Duty to formulate safety and
health policy.

Except in such cases as may be prescribed, duty of

every employer and every self-employed person
to prepare and as often as may be appropriate
revise a written statement of his general policy
with respect to the safety and health at work of his
employees and the organization and arrangements
for the time being in force for carrying out that
policy, and to bring the statement and any
revision of it to the notice of all of his employees.
PART IV
General duties of employers and self-
employed persons
Section 17. General duties of employers and
self-employed persons to persons other
than their employees.

(1) Duty of employer to person other than

their employees
To conduct his undertaking in safe manner, as
far as practicable and to inform about the
risks associated with their undertakings to
person other than their employees who may
be affected are not exposed to risks
PART IV
General duties of employers and self-
employed persons
Section 17. General duties of employers and
self-employed persons to persons other
than their employees.

(2) To give person ,not being his employees,

who may be affected by the manner in which
he conduct his undertakings, prescribed
information or such aspects of the manner in
which he conduct his undertakings as might
affect their safety/ health
PART IV
General duties of employers and self-
employed persons
Section 18. Duties of an occupier of a place
of work to persons other than his
employees.

Shall take such measures as are practicable to

ensure that the premises , all means of
access thereto and egress there from
available for use by persons using the
premises , and any plant or substance in the
premises or provided for use there, is or are
safe and without risks to health
PENALTY FOR OFFENCE (15-18)

FINE : Not exceeding RM 50,000.00

IMPRISONMENT : Not exceeding 2 years

Or

BOTH
PART VI
General duties of employees
Section 24. General duties of employees at
work.

(1) It shall be the duty of every employee

while at work-
(a) to take reasonable care for the safety and health of
himself and of other persons who may be affected by
his acts or omissions at work;

(b) to co-operate with his employer or any other person

in the discharge of any duty or requirement imposed
on the employer or that other person by this Act or
any regulation made there under;
PART VI
General duties of employees
Section 24. General duties of employees at
work.

(1) It shall be the duty of every employee

while at work-
(c) to wear or use at all times any protective equipment
or clothing provided by the employer for the purpose
of preventing risks to his safety and health; and

(d) to comply with any instruction or measure on

occupational safety and health instituted by his
employer or any other person by or under this Act or
any regulation made there under.;
PART VI
General duties of employees
Section 24. General duties of employees at
work.

(2) A person who contravenes the provisions of

this section shall be guilty of an offence and
shall, on conviction, be liable to a fine not
exceeding one thousand ringgit or to
imprisonment for a term not exceeding three
months or to both
PART VI
General duties of employees
Section 25. Duty not to interfere with or
misuse things provided pursuant to
certain provisions.

A person who intentionally, recklessly or negligently

interferes with or misuses anything provided or
done in the interests of safety, health and welfare in
pursuance of this Act shall be guilty of an offence
and shall, on conviction, be liable to a fine not
exceeding twenty thousand ringgit or to
imprisonment for a term not exceeding two
years or to both.
PART VI
General duties of employees
Section 26 – Duty not to charge employees
for things done or provided

No employer shall levy or permit to be levied on

any employee of his any charge in respect
of anything done or provided in pursuance of
this Act or regulation made thereafter
PART VI
General duties of employees
Section 27 – Discrimination against
employee

(3) An employer who, or a trade union which,

contravenes the provisions of this section
shall be guilty of an offence and shall, on
conviction, be liable to a fine not exceeding
ten thousand ringgit or to a term of
imprisonment not exceeding one year or to
both.
PART VII
Safety and Health Organization
Section 29 – Safety and Health Officer

1) This section apply to classes as in Gazette

2) An occupier of a workplace to which the
section applies should employed a
competent person to act as SHO
3) The function of SHO is to ensure compliance
with the Act and regulations and promote
safe conduct of work at the place of work
4) The SHO should be trained and qualified
5) Penalty to occupier for this section – fine
max RM5K or imprisonment max 6 months
or both
PART VII
Safety and Health Organization
Section 30 – Safety and Health Committee

1) Every employer should establish a safety

and health committee if
1) Employed forty or more workers
2) Instruction by The Director General of
DOSH
2) Composition, appointment and power of
committee should be prescribed
3) Employer should consult the committee any
matter relating to OSH
4) Penalty – fine max RM5K or imprisonment
max 6 months or both
DUTIES OF EVERYONE

The Act places duties on employers, self-employed

people and employees to ensure that their work activities
do not harm themselves or other people.

For forest operations, other people

include visitors, people passing the operation, and the
general public who may be in the vicinity
of an operation.

Any person in control of a place of work (e.g. a principal,

contractor or subcontractor) shall
attempt to ensure that people there (or close by) are not
harmed by any hazard resulting from
work activities.
REGULATIONS UNDER OSHA 1994

1. Occupational Safety and Health (Notification of Accident, Dangerous

Occurrence, Occupational Poisoning and Occupational Disease) Regulations
2004

2. Occupational Safety and Health (Use and Standards of Exposure of

Chemicals Hazardous to Health) Regulations 2000 

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

4. Occupational Safety and Health (Classification, Packaging and Labelling of

Hazardous' Chemicals) Regulations 1997

5. Occupational Safety and Health (Safety and Health Committee) Regulations

1996

6. Occupational Safety and Health (Control of Industrial Major Accident Hazards)

Regulations 1996

7. Occupational Safety and Health (Employers' Safety and Health General Policy
Statements) (Exception) Regulations 1995
Questions

What are the

similarities between
UK’s HASAWA 1974
and our OSHA 1994?
 PDT 209
INDUSTRIAL SAFETY
WEEK 3
INTRODUCTION TO OCCUPATIONAL SAFETY
AND HEALTH LEGISLATIONS IN MALAYSIA -

 ACT 139 - FACTORIES AND MACHINERY ACT, 1967 (FMA)

 ACT 139
FACTORY AND
MACHINERY ACT
1967
WHAT IS FMA?

 An Act to provide for the control of factories

with respect to matters relating to the safety,
health and welfare of person therein, the
registration and inspection of machinery
and for matters connected therewith.
[1 February 1970]
FACTORY & MACHINERY ACT 1967
 Included
 SIX Parts with 59 Sections

 THREE SCHEDULE
1. FIRST SCHEDULE – Dangerous Occurrence
2. SECOND SCHEDULE – Serious Bodily Injury
3. THIRD SCHEDULE – Notifiable Occupational
Diseases
PART 1 : PRELIMINARY
Section 2 & 3: Interpretation
 Factory
 Terms & definition of;
 Chief Inspector/Inspector
 Building Operations
 Works of Engineering Construction
 Lifts/Hoisting machine/Machinery/Guards
 Unfired pressure vessel
 Bodily injury
 Certificate of fitness/ competency
 Engineer / Licensed person/Young person
 Section 4. Appointment of officers.
 Section 5. Supervision of officers.
 Section 6. Officers are public servants.
 Section 7. Powers of an Inspector.
 Section 7A. Entry into premises with a search
warrant and the power of seizure.
 Section 7B. Entry into premises without a search
warrant and the power of seizure
 Section 7C. Service of list of things seized.
 Section 7D. Appointment, powers and duties of a
licensed person
PART II - SAFETY, HEALTH AND
WELFARE
Section 12. Lifting of weights.

No person shall be employed to lift, carry or move

any load so heavy as to be likely to cause bodily
injury to him.
 PART II - SAFETY, HEALTH AND
WELFARE
Section 13. Provisions against fire.

Without prejudice to any law with respect to local

authorities, in every factory there shall be taken
such precautions against fire, and there shall
be provided and maintained, such means of
escape in case of fire other than means of exit in
ordinary use, and such means of extinguishing
fire as may be prescribed
 PART II - SAFETY, HEALTH AND
WELFARE
Section 19 and 19A. Certificate of Fitness and
Revoke of certificate due to fraud.

(1) No person shall operate or cause or permit to be

operated any machine unless a valid certificate is
issued
(2) Inspector has right to prohibit any use of the
machinery if no valid certificate.
(3) Termination of certificate if machinery under repair,
dismantle or damaged.
(4) If fraud, Inspector has right to revoke the certificate
PART II - SAFETY, HEALTH AND
WELFARE
Section 20. Duties of persons employed.

(1) No person employed in any factory or in any place

where any machinery is installed shall wilfully interfere
with or misuse any means, appliance, convenience or
other thing provided in pursuance of this Act for securing
the safety, health or welfare of the persons employed in
the factory or the place where the machinery is installed;
and when any means or appliance for securing safety,
health or welfare is provided for the use of the
person under this Act, he shall make use of such
means or such appliance.
 PART II - SAFETY, HEALTH AND
WELFARE
Section 24. Personal protective clothing and
appliances.

Where in any factory persons are exposed to a wet or

dusty process, to noise, to heat or to any poisonous,
corrosive or other injurious substance which is liable
to cause bodily injury to those persons the Minister may
prescribe the provision and maintenance for use of those
persons suitable and adequate personal protective
clothing and appliances including where necessary
goggles, gloves, leggings, caps, foot-wear and
protective oilntment or lotion.
PART III - PERSON IN CHARGE AND
CERTIFICATES OF COMPETENCY
 Section 25. Provision relating to welfare .

In relating to the factory, the following provision

relating to welfare of the persons shall apply:
(1)Adequate and suitable accommodation for
clothing not worm during working hour
(2)Adequate supply of drinking water
(3)Adequate and suitable facilities for washing
(4) Provision of first aid box and room
PART III - PERSON IN CHARGE AND
CERTIFICATES OF COMPETENCY
 Section 26. Training and supervision of inexperienced
workers.

No person shall be employed at any machine or in any

process, being a machine or process liable to cause
bodily injury, unless he has been fully instructed as to
the dangers likely to arise in connection therewith and the
precautions to be observed, and—
(a) has received sufficient instruction in work at the
machine or process; or
(b) is under adequate supervision by a person who
has knowledge and experience of the machine or
process.
PART III - PERSON IN CHARGE AND
CERTIFICATES OF COMPETENCY
Section 28. Young persons.

(1) No young person shall carry out work

involving the management of, or attendance
on, or proximity to, any machinery.

(2) It shall be the duty of the owner or occupier to

ensure that subsection (1) is observed.
PART IV - NOTIFICATION OF ACCIDENT,
DANGEROUS OCCURENCE AND DANGEROUS
DISEASES

Section 31. Accidents and dangerous

occurrence to be reported.
 causes loss of life to any person;
 causes serious bodily injury to any person;
 causes bodily injury to any person so that the
person is prevented from following his normal
occupation for more than three clear days
excluding the day of the accident; or
 causes serious damage to machinery or other
property,
PART IV - NOTIFICATION OF ACCIDENT,
DANGEROUS OCCURENCE AND DANGEROUS
DISEASES

Section 31, continue;

 or any dangerous occurrence takes place in
any factory or in connection with any
machinery, the occupier shall report the
accident or dangerous occurrence to the
Inspector having jurisdiction for the area in
which the accident or dangerous occurrence has
taken place by the quickest means available and
subsequently with the least possible delay,
report in writing to the Inspector in the
prescribed form the facts of the matter so far as
they are known to him.
PART IV - NOTIFICATION OF ACCIDENT,
DANGEROUS OCCURENCE AND DANGEROUS
DISEASES
Section 32. Notification of occupational diseases.

(1) Every registered medical practitioner attending on, or called

in to visit, a patient whom he believes to be suffering from any
of the diseases named in the Third Schedule and contracted
in a factory shall, unless such notice has been previously sent
—

(a)forthwith sent to the Chief Inspector a notice stating the

name and location of the factory in which the patient states he
is or was last employed, the name and full postal address of
the patient and the disease from which, in the opinion of the
registered medical practitioner, the patient is suffering; and
(b) at the same time send a copy of the notice to the occupier
of the factory in which the patient states he is or was last
employed.
PART V - NOTICE OF OCCUPATION OF FACTORY,
AND REGISTRATION AND USE OF MACHINERY
 Section 34. Operation of factory.
 Section 35. Building operations or works of
engineering construction.
 Section 36. Installation of machinery, etc.
 Section 37. Application for registration.
 Section 38. Register.
 Section 39. Moving or alteration of or
addition to machinery to be approved.
 Section 40. Periodical inspections.
PART V - NOTICE OF OCCUPATION OF FACTORY,
AND REGISTRATION AND USE OF MACHINERY
 Section 51. Penalties

(1) Any person who contravenes section 31, subsections

34(1), 36(1), 38(1) and 39(1), shall be guilty of an offence
and shall, on conviction, be liable to a fine not exceeding
one hundred thousand ringgit or to imprisonment for a
term not exceeding two years or to both.

(2) Any person who contravenes any other provision of this

Act or any regulation made under this Act for which
contravention no penalty is expressly provided shall be
guilty of an offence and shall, on conviction, be liable to a
fine not exceeding fifty thousand ringgit or to
imprisonment for a term not exceeding one year or to
both.
PART V - NOTICE OF OCCUPATION OF FACTORY,
AND REGISTRATION AND USE OF MACHINERY
Section 51. Penalties

(3) Where the offence of which any person is

convicted is a continuing offence, such person
shall, in addition to the punishment inflicted in
respect of that offence, be further liable to a fine
not exceeding two thousand ringgit for each day
or part of a day during which the offence
continues after the first day in respect of which
the conviction is recorded.
PART V - NOTICE OF OCCUPATION OF FACTORY,
AND REGISTRATION AND USE OF MACHINERY
Section 51. Penalties

(4) Any person who without reasonable excuse

fails to comply with any written order or notice
issued under subsection 39(3) or 40(4) shall be
guilty of an offence and shall on conviction be
liable to a fine not exceeding two hundred and
fifty thousand ringgit or to imprisonment for a
term not exceeding five years or to both and to a
further fine not exceeding two thousand ringgit
for each day or part of a day during which the
offence continues after the first day in respect of
which the conviction is recorded.
PART V - NOTICE OF OCCUPATION OF FACTORY,
AND REGISTRATION AND USE OF MACHINERY
Section 51. Exemptions

(1) Nothing contained in this Act shall apply to—

(a) any factory or machinery operated—
(i) by the armed forces; or
(ii) by agreement with the Government by
any visiting force lawfully present in Malaysia;
or
(b) any machinery which is subject to the law
relating to merchant shipping.
PART V - NOTICE OF OCCUPATION OF FACTORY,
AND REGISTRATION AND USE OF MACHINERY
Section 51. Exemptions

(2) Any factory and machinery operated by:

(a) the Government of the Federation and the
Government of every State shall be exempted
from the provisions of—
(i) the whole of sections 34, 35, 38, 48;
and
(ii) sections 36, 37, 39, 40, 43, only in
respect of machinery other than steam
boilers, steam receivers, fired pressure
vessels, unfired pressure vessels and lifts;
and
PART V - NOTICE OF OCCUPATION OF FACTORY,
AND REGISTRATION AND USE OF MACHINERY
Section 51. Exemptions

(3) The Minister may, by order, exempt either

conditionally or absolutely any factory or
machinery or class of factories or machinery
from all or any of the provisions of this Act or
the regulations made there under and may in
like manner cancel or vary any such
exemptions.
FOR MORE INFORMATION REFER TO

1. OSHA 1994 (ACT 514)

2. FMA 1967 (ACT 139)
3. DOSH WEBSITE (www.dosh.gov.my)
REGULATIONS UNDER OSHA 1994
1. Factories and Machinery (Mineral Dust) Regulations, 1989

2. Factories and Machinery (Noise Exposure) Regulations, 1989 

3. Factories and Machinery (Building Operations and Works of

Engineering Construction) (Safety) Regulations, 1986 

4. Factories and Machinery (Asbestos) Regulations, 1986 

5. Factories and Machinery (Leads) Regulations, 1984 

6. Factories and Machinery (Compundable Offences) Regulations,

1978 

7. Factories and Machinery (Compounding of Offences) Rules, 1978

 
REGULATIONS UNDER OSHA 1994
8. Factories and Machinery (Notification of Fitness and Inspections)
Regulations  

9. Factories and Machinery (Certificates of Competency Examinations)

Regulations, 1970
 
10. Factories and Machinery (Administration) Regulations, 1970 
11. Factories and Machinery (Safety, Health and Welfare) Regulations,
1970 

12. Factories and Machinery (Person in Charge) Regulations, 1970

13. Factories and Machinery (Fencing of Machinery and Safety)

Regulations, 1970

14. Factories and Machinery (Electric Passenger and Goods Lift)

Regulations, 1970  

15. Factories and Machinery (Steam Boiler and Unfired Pressure Vessel)
Regulations, 1970
REGULATIONS UNDER
FMA 1967
 Building Operations and Works of
Engineering Construction Safety
Regulation 1986 (BOWECS)
 Imposes duties on employer to comply
 The contents of BOWECS Regulations 1986 include the
general provisions on construction works activities;
regulations on concrete work; structural steel and pre cast
concrete assembly; cleaning; repairing and maintenance of
roof, gutters, windows, louvers and ventilators; catch
platforms; chutes, safety belts and nets; runaways and
ramps; ladders and step-ladders; scaffolds; demolition;
excavation works; material handling and storage, use and
disposal; piling; blasting and use of explosives; and hand
and power tools.
Questions

What are the

differences between
FMA 1967 and OSHA
1994?
COMPARISON BETWEEN OSHA
1994 & FMA 1967
FMA 1967 OSHA 1994
Scope Only cover OSH in the Cover all economic activities &
manufacturing, mining, quarrying, government except armed forces
works of engineering and & seafarers
construction Cover 90% of the man power
Cover 24 % of the man power
Approach - Prescriptive - self regulation
- Too dependent on - supported by code of
government practices, guidelines etc
- Concern for inspection by - tripartite responsibilities
regulation authorities - worker cooperation &
participation

Objective - focus on control of factories - to safeguard, health &

& machinery welfare of employees &
- registration & inspection of those at the place of work
machines for example visitors,
- less provision for health contractors etc
Assignment

Work in group of two or three

persons. Find two legal
cases on prosecution with
regard to OSH legislation.
Discuss your finding and
lesson learned from the
cases. Please submit by next