BKC3533

OSH IN CHEMICAL INDUSTRIES

Chapter 2
LAWS & REGULATIONS
Sem11314

Dr. Ghazi Faisal

Najmuldeen FKKSA

Dr. Ghazi Faisal

Najmuldeen FKKSA

HOW and WHY it happened ?

Dr. Ghazi Faisal

Najmuldeen FKKSA

Topic Outline
Introduction
Occupational Safety and Health Management
System

OSHA 1994
FMA 1967
Codes of Practice and Guidelines

Dr. Ghazi Faisal

Najmuldeen FKKSA

At the end of this topic, it is expected that

students will be able to:

Comprehend safety and health management system as

guided by ILO (International Labor Organization)

Comprehend OSHA 1994, FMA 1967, and other relevant

codes of practices and guidelines

Explain the role and function of Occupational Safety and

Health Management System (ILO-OSH)

Discuss important contents in OSHA 1994

Discuss important contents in FMA 1967 (OSH-related)

Discuss codes of practice and guidelines related to

safety and health matter
Dr. Ghazi Faisal
Najmuldeen FKKSA

Introduction - History
The history and development of DOSH (Department of Occupational
Safety & health ) in Malaysia could be described under the following eras:
pre 1914- era of boiler safety (steam boiler at tin mine in Larut, Perak.

Appointment of Englishman, William Given as inspector of machine in

1878)
1914~1952- era of machinery safety (Machinery Enactment, 1913)
1952~1970- era of industrial safety (Factories and Machinery Act,
1967)
1970~1994- era of industrial safety and hygiene (establishment of
NIOSH, Dec. 1992)
post 1994- era of occupational safety and health (OSHA was passed
by parliament in 1993 and gazetted in 24 February 1994)
Dr. Ghazi Faisal
Najmuldeen FKKSA

Introduction History (Cont.)

The OSHA defines general duties of

1-employers,

2-manufacturers,
3-employees,

4-the self-employed,

5-designers,

6-formulators,

7-importers and

8-suppliers.
Dr. Ghazi Faisal
Najmuldeen FKKSA

Introduction History (Cont.)

The Acts also provides for the

1-appointment of enforcement officers;

2-establishment of a National Council for Occupational

Safety and Health;

3- the formulation of organizations policy and arrangement to

secure the safety, health and welfare of people at work and

protect other people against risks posed by work activities.

Dr. Ghazi Faisal
Najmuldeen FKKSA

Guidelines on Occupational Safety and Health Mgt. System

ILO-OSH 2001 [Section One]

Guidelines at national level

1-be used to establish a national framework for OSH management
system. (supported by national laws & regulations)
2-provides guidelines for the development of voluntary arrangement to
strengthen compliance with regulations and standards.
3-Provide guidance on the development of both national and tailored
guidelines on OSH management systems to respond appropriately to the
real needs of organization, according to their size and nature of their
activities.

Dr. Ghazi Faisal

Najmuldeen FKKSA

Guidelines on Occupational Safety and Health Mgt. System

ILO-OSH 2001 [Section One]

Guidelines at organizational level

1-Provide guidance regarding the integration management system
elements in the organization as a components of policy and
management arrangements.
2-Motivate all members of the organization, particularly employers,
owners, managerial staffs, workers and their representatives, in
applying appropriate OSH management principles and methods
to continually improve OSH performance.

Dr. Ghazi Faisal

Najmuldeen FKKSA

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Guidelines on Occupational Safety and Health Mgt. System

ILO-OSH 2001 [Section Two]
National Policy
A competent institution should formulate, implement and periodically review a
coherent national policy for the establishment and promotion of OSH
management systems in organizations
This should be done in consultation with the most representative organizations
of employers and worker, and with other bodies as appropriate.
The national policy on OSH management system should establish
general principles and procedure to:
1. promote the implementation and integration of OSH mgt. system as part of
the overall management of an organization
2. Facilitate and improve voluntary arrangement for the systematic identification,
planning, implementation and improvement of OSH activities at national and
organization levels
3. Promote the participation of workers and their representative at organization
level.
Dr. Ghazi Faisal
Najmuldeen FKKSA

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(cont - The national policy on OSH management system should establish general
principles and procedure to:
(d)

Implement continual improvement while avoiding unnecessary bureaucracy,

administration and costs.

(e) Promote collaborative and support arrangement for OSH management

systems at the organization level by labors inspectorates, occupational safety
and health services and other services, and channel their activities into a
consistent framework for OSH management
(f) Evaluate the effectiveness of the national policy and framework at
appropriate intervals
(g) Evaluate and publicize the effectiveness of OSH management systems and
practice by suitable means
(h) Ensure that the same level of safety and health requirement applies to
contractors and their workers as to the workers, including temporary
workers, employed directly byDr.the
organization.
Ghazi
Faisal
12
Najmuldeen FKKSA

ILO-OSH 2001 Framework

OSH-MS
In

National Guidelines
On
OSH-MS

Organizations

ILO Guidelines
On
OSH-MS

Tailored Guidelines
On
OSH-MS

Dr. Ghazi Faisal

Najmuldeen FKKSA

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Occupational Safety and Health Mgt. System in the organization

ILO-OSH 2001 [Section Three]

Action for
improvement

Policy

Evaluation

Organizing

Planning

&

implementation

Dr. Ghazi Faisal

Najmuldeen FKKSA

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POLICY
Include activities related to the development of the organizations OSH policy statement and the structures and
practices that insure active and meaningful worker participation in OSH arrangement

ORGANIZING
Addresses the establishment of OSH responsibilities & accountabilities structures, a training system,
competency definitions, documentation practices, and a communication system

PLANNING AND IMPLEMENTING

Addresses those activities associated with the fullfillment of the principles expressed in the OSH
policy statement. These activities include the intial assessment of OSH arrangements that them support
the actual system planning, development and implementation functions

EVALUATIONz
Addresses those functions associated with measuring the management systems performance. This
involves the development of performance monitoring and measurement protocols, investigation
practices for accidents, auditing methods, and management review arrangements .

ACTION FOR IMPROVEMENT

Addresses issues associated with preventive/corrective actions and continual improvement. With the information
obtained from performance monitoring and measurement, investigations, audits, and management review, appropriate
preventive/corrective and continual improvement actions can be taken. The notion of continual improvement is a
central distinction in the ILO-OSH 2001
Dr. Ghazi Faisal
15
Najmuldeen FKKSA

ILO-OSH 2001 (Section Three)

1- POLICY
Include activities related to the development of the organizations
OSH policy statement and the structures and practices that insure
active and meaningful worker participation in OSH arrangement
2- ORGANIZING
Addresses the establishment of OSH responsibilities &
accountabilities structures, a training system, competency
definitions, documentation practices, and a communication system
3- PLANNING AND IMPLEMENTING
Addresses those activities associated with the fulfilment of the
principles expressed in the OSH policy statement. These activities
include the initial assessment of OSH arrangements that support
the actual system planning, development and implementation
functions
Dr. Ghazi Faisal
Najmuldeen FKKSA

16

Cont
4- EVALUATION
Addresses those functions associated with measuring the management systems
performance.
This involves the development of performance monitoring and measurement
protocols, investigation practices for accidents, auditing methods, and
management review arrangements.
5- ACTION FOR IMPROVEMENT
Addresses issues associated with preventive/corrective actions and continual
improvement.
With the information obtained from performance monitoring and measurement,
investigations, audits, and management review, appropriate
preventive/corrective and continual improvement actions can be taken.
The notion of continual improvement is a central distinction in the ILO-OSH
2001
Dr. Ghazi Faisal
Najmuldeen FKKSA

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Occupational Health and Safety Assessment Series

OHSAS 18000 is an international occupational health and safety
management system specification. It comprises two parts, 18001 and
18002
OHSAS 18001
This is the "Occupational Health and Safety Management Systems
Specification".
It was developed in response to urgent demand for a recognized standard
against which occupational safety management systems can be assessed.
It is compatible with ISO 9001 and ISO 14001.
It covers issues such as planning for hazard identification, risk
assessment/control, OHS management, awareness and competence, training,
communication, emergency preparedness and response, performance
measuring and improvement
OHSAS 18002
This provides guidelines for the implementation of OHSAS 18001. It explains the
requirements of this and how to work towards implementation/registration.
Dr. Ghazi Faisal
Najmuldeen FKKSA

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Laws & Regulations

ACTS ?

REGULATIONS & ORDERS ?

.subsidiary legislations
ORDINANCE ?
ENACTMENTS ?
Dr. Ghazi Faisal
Najmuldeen FKKSA

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Laws & Regulations

OSHA 1994
FMA 1967
Codes of Practice and Guidelines

Petroleum (Safety Measures) Act 1984

Dr. Ghazi Faisal

Najmuldeen FKKSA

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Department of Occupational Safety and Health (DOSH)

DOSH is a government department under the Ministry of Human

Resources Malaysia.

Responsible for ensuring

the safety,
health and
welfare of persons at work
and protections of other people from hazards to safety and
health arising from activities of persons at working in various
economic sectors .

Dr. Ghazi Faisal

Najmuldeen FKKSA

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various economic sectors, that are covered by DOSH

1-Manufacturing
2-Mining and quarrying
3-Construction
4-Hotels and restaurants
5-Agriculture, forestry and fishing
6-Transport, storage and communication
7-Public services and statutory authorities
8-Utilities-electricity, gas, water and sanitary
9-Trades finance, insurance, real estate and business services
10-Wholesale and retail trades
Dr. Ghazi Faisal
Najmuldeen FKKSA

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Department of Occupational Safety and Health (DOSH)

Vision

To be a dynamic organization that leads the nation in creating a safe and healthy
work culture towards enhancing the quality of working life
Objectives

1.

2.

3.

To formulate and review policies, legislations, codes of practice and guidelines

pertaining to occupational safety, health and welfare as a basis in ensuring
safety and health at work
To ensure through enforcement and promotional works that employers, selfemployed persons, designers, manufacturers, suppliers, importers and
employees always practice safe and health work culture, and always comply
with existing legislation, codes of practice and guidelines.
To assist and provide expert services in promotional, training, information
dissemination and research activities organized by government and nongovernmental agencies, institutions of higher learning, association of
employers, workers and professionals in efforts to further upgrade the standard
of occupational safety, health and welfare.
Dr. Ghazi Faisal
Najmuldeen FKKSA

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OSHA 1994 (Act 514)

Regulation and Orders
OSH (Employers
Regulations 1995

Safety

and

Health

General

Policy

Statement(Exception)

OSH (Control of Industrial Major Accident Hazard) Regulations 1996

OSH (Safety and Health Committee) Regulation 1997
OSH (Classification, Packaging and Labeling of Hazardous Chemicals) Regulations
1997

OSH (Safety and Health Officer) Regulation 1997

OSH (Use and Standard of Exposure of Chemical Hazardous to Health) Regulations
2000
OSH (Safety and Health Officer ) Order 1997
OSH (Prohibition of Use of Substance) Order 1999
OSH (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and
Occupational Disease) Regulation 2004.
Dr. Ghazi Faisal
Najmuldeen FKKSA

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FMA 1967 (Act 139)

Regulation and Rules
FM (Steam Boiler and Unfired Pressure Vessel) Regulation 1970
FM (Electric Passenger and Good Lift) Regulation 1970
FM (Fencing of Machinery and Safety) Regulation 1970
FM (Person In Charge) Regulation 1970

FM (Safety Health and Welfare) 1970

FM(Administration) Regulation 1970
FM(Certificates of Competency Examination) Regulation 1970
FM(Notification Certificate of Fitness and Inspection) Regulation 1970
FM(Compoundable Offences) Regulation 1978
Dr. Ghazi Faisal
Najmuldeen FKKSA

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FMA 1967 (Act 139)

Regulation and Rules
FM(Lead) Regulation 1984
FM (Asbestos Process) Regulation 198
FM (Building Operation & Works of Engineering Construction( (Safety)
Regulation 1986
FM (Noise Exposure) Regulation 1989
FM (Mineral Dust) Regulation 1989

Dr. Ghazi Faisal

Najmuldeen FKKSA

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Code of Practice
Code of Practice on Prevention and Management of HIV/Aids At The
Workplace (2001)
Code of Practice for Safe Working in A Confined Space (2001)

Guidelines
Guidelines For Public Safety and Health At Construction Sites
Guidelines On First-Aid In The Workplace (1996)
Guidelines On Occupational Safety and Health In The Office (1996)
Guidelines For The Formulation Of A Chemical Safety Data Sheet (1997)
Guidelines For Labelling Of Hazardous Chemicals (1997)

Dr. Ghazi Faisal

Najmuldeen FKKSA

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Petroleum (Safety Measure) 1984 (Act 302)

Amendment
Petroleum (Safety Measures) (Amendment) 1987
Petroleum (Safety Measures) (Amendment) 1991

Regulations
Petroleum (Safety Measures) (Transportation of Petroleum by Water)
Regulation 1985
Petroleum (Safety Measures) (Transportation of Petroleum by Pipelines)
Regulation 1985

Dr. Ghazi Faisal

Najmuldeen FKKSA

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OSHA 1994 (Act 514)

Application of the law
Manufacturing
Mining and quarrying
Construction
Agriculture, forestry and fishing
Utilities (electricity, gas, water and sanitary services)
Transport, storage and communication, wholesales and retail trades
Hotels and restaurants
Finance, insurances, real estate and business services
Public services and statutory authorities

BUT, not applicable to;

work on board ships (governed by the Merchant Shipping Ordinance
1952 and The Merchant Shipping Ordinance 1960 of Sabah & Sarawak.)
Armed forces
Dr. Ghazi Faisal
Najmuldeen FKKSA

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Arrangement of Sections (OSHA 1994)

PART 1 - PRELIMINARY
1.
Short title and application.
2.
Prevailing laws.
3.
Interpretation.
4.
Objects of the Act.
PART II - APPOINTMENT OF OFFICERS
5.
Appointment of Officers.
6.
Appointment of independent inspecting body
7.
Certificate of authorization
PART III - NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND HEALTH
8.
Establishment of the Council.
9.
Membership of the Council.
10.
Second Schedule to apply.
11.
Powers and functions of the Council.
12.
Appointment of secretary to the Council.
13.
Committees.
14.
Annual report.
PART IV - GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSONS
15.
General duties of employers and self-employed persons to their employees.
16.
Duty to formulate safety and health policy.
17.
General duties of employers and self-employed persons to persons other
than their employees.
18.
Duties of an occupier of a place of work to persons other than his employees.
19.
Penalty for an offence under section 15. 16. 17 or 18
Dr. Ghazi Faisal
Najmuldeen FKKSA

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Arrangement of Sections (OSHA 1994)

PART V - GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND SUPPLIERS
20.
21.
22.
23.

General duties of manufacturers, etc. as regards plant for use at work.

General duties of manufacturers, etc. as regards substances for use at work.
Explanations to sections 20 and 21.
Penalty for an offence under section 20 or 21.

PART VI - GENERAL DUTIES OF EMPLOYEES

24.
25.
26.
27.

General duties of employees at work.

Duty not to interfere with or misuse things provided pursuant to certain provisions.
Duty not to charge employees for things done or provided .
Discrimination against employee, etc.

PART VII - SAFETY AND HEALTH ORGANIZATIONS

28.
29.
30.
31.

Medical surveillance.
Safety and health officer
Establishment of safety and health committee at place of work.
Functions of safety and health committee.

Dr. Ghazi Faisal

Najmuldeen FKKSA

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Arrangement of Sections (OSHA 1994)

PART VIII - NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE, OCCUPATIONAL

POISONING AND OCCUPATIONAL DISEASES, AND INQUIRY
32.
33.
34.

Notification of accidents, dangerous occurrence, occupational poisoning and

occupational diseases, and inquiry.
Director General may direct inquiry to be held.
Power of occupational safety and health officer at inquiry.

PART IX - PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE

35.
36.

Power to prohibit the use of plant or substance

Aggrieved person may appeal

PART X - INDUSTRY CODES OF PRACTICE

37.
38.

Approval of industry codes of practice.

Use of industry codes of practice in proceedings.

Dr. Ghazi Faisal

Najmuldeen FKKSA

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Arrangement of Sections (OSHA 1994)

PART XI - ENFORCEMENT AND INVESTIGATION

39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.

Powers of entry, inspection, examination, seizure, etc.

Entry into premises with search warrant and power of seizure.
Entry into premises without search warrant and power of seizure.
Power of forceful entry and service on occupier of signed copy of list of things seized from premises.
Further provisions in relation to inspection.
Power of investigation.
Power to examine witnesses.
Employer, etc., to assist officer.
Offenses in relation to inspection.
Improvement notice and prohibition notice.
Penalty for failure to comply with notice.
Aggrieved person may appeal.

Dr. Ghazi Faisal

Najmuldeen FKKSA

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Arrangement of Sections (OSHA 1994)

PART XII - LIABILITY FOR OFFENSES
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.

General penalty.
Offenses committed by body corporate.
Offenses committed by trade union.
Offenses committed by agent.
Defence.
Body corporate or trade union liable to fine.
Aiding and abetting.
Safeguards against further personal liability.
Civil liability not affected by Parts IV, V and VI.
Onus of proving limits of what is practicable.
Prosecutions.
Compounding of offenses.

PART XIII - APPEALS

63.
64.
65.

Appeal committees.
Powers of appeal committee.
Decision of appeal committee.

Dr. Ghazi Faisal

Najmuldeen FKKSA

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Arrangement of Sections (OSHA 1994)

PART XIV - REGULATIONS
66.

Regulations.

PART XV - MISCELLANEOUS
67.

Duty to keep secret.

SCHEDULES

Dr. Ghazi Faisal

Najmuldeen FKKSA

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PART IV DUTIES OF EMPLOYERS & SELF

EMPLOYED PERSONS TO EMPLOYEES

Safe plant and systems of work

Safe use, storage and handling of plant and substances.
Information, instruction, training and supervision.
Safe place of work.
Safe access and egress (outlet).
Written general OSH policy.
Not to charge employees for things done or provided.
Employer to report accidents, dangerous occurrences,
occupational poisonings or diseases to DOSH.

Ghazi Faisal
Najmuldeen

PENALTY
RM 50,000 or 2 years jail or both.
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PART V: DUTIES OF DESIGNERS, MANUFACTURERS,

IMPORTERS AND SUPPLIERS OF PLANT

Ensure plant is designed and constructed to be safe when

properly used.
Test and examine plant before it is used.
Provide information for safe use.
Designers and manufacturers of plant must ensure research
and minimize risks.
Persons who erect or install plant to ensure it can be used
safely.
PENALTY
RM 20,000 or 2 years jail or
both.

Ghazi Faisal
Najmuldeen

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PART VI: DUTIES OF EMPLOYEES

Reasonable care of self and others.

Responsible Care
It is an initiative of the chemical industry and adopted by chemical
companies to improve continuous HSE performance of their operations
and products in manner responsible to the concern of the public

Cooperate to help others discharge their

duties.
Use protective equipment or clothing
provided.
Comply with instructions or measures
made in accordance with OSH legislation.
Not to interfere or misuse things done in
accordance with OSH legislation.

Ghazi Faisal
Najmuldeen

PENALTY
RM 1,000 or 3 months jail or both.
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PART VII: MEDICAL SURVEILLANCE

Medical surveillance and examination, not including
medical treatment of preventive in character, for employees
to be conducted by the employer.

PART VII: SAFETY & HEALTH OFFICERS

Occupiers in specified industries to employ competent

SHO at place of work.

PART VII: SAFETY AND HEALTH COMMITTEES

Compulsory for employees of 40 or more

Ghazi Faisal
Najmuldeen

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PART VIII: NOTIFICATION OF ACCIDENTS,

DANGEROUS OCCURRENCES, OCCUPATIONAL
POISONING, DISEASES AND INJURY
Employer shall notify the nearest DOSH office of any

Accident,
Dangerous occurrence,
Occupational poisoning
Occupational disease which has occurred or likely to
occur at the place of work.

Ghazi Faisal
Najmuldeen

40
10

Objects of the Act

(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 person at a place of work other than persons at work

against risks to safety or health arising out of the activities of
persons at work;

(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
Dr.
Ghazi Faisal
maintain or improve the
standards
of safety and health.
Najmuldeen FKKSA

41

Group Discussion [student activity]

Students are grouped into 9.

A copy of OSHA 1994 will be provided and each group will read a set of
sections from this act that being selected and assigned to them a week prior to
presentation.
Each group was given seven minutes maximum to present their discussion
outcomes on the next following week.
Discussion outcomes need to be displayed on mahjong paper (provided).

Dr. Ghazi Faisal

Najmuldeen FKKSA

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Dr. Ghazi Faisal

Najmuldeen FKKSA

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Dr. Ghazi Faisal

Najmuldeen FKKSA

44

THANK YOU

Dr. Ghazi Faisal

Najmuldeen FKKSA

45

Q&A

Dr. Ghazi Faisal

Najmuldeen FKKSA

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