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CHAPTER 4

The OSH Act, Standards, and Liability

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CONTENTS

1.How to manage Occupational Safety and


Health
2.OSH Act
3.Obligation of employers
4.Responsibilities of employees
5.Rights of employees
6.Safety and health committee
7.Safety and health officer
8.OSHA standards vs regulations
9.Standards and Codes
What’s wrong with this picture?
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How to manage Requires the commitment of the
Occupational Safety manager to complete 3 steps:
and Health at the
work place? 1.The workplace must have a Policy
Statement on Occupational Safety
and Health;

2.Planning (including the


implementation of HIRARC, training,
instructions and auditing) on
Occupational Safety and Health.

3.To take remedial action for any


improvement to be made.
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Policy statement required for safety
and health
• The Occupational Safety and Health policy is a
written statement briefly stating the following
commitment:
– The employer will provide safety, health and welfare for
the employee during the working hours by implementing
the relevant regulations and work procedures; and
– The employee will comply with the regulations and work
procedures so as to ensure their own safety.
– The policy statement will be displayed in strategic places
that will be visible to the employee.

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Managing OSH at workplace
• The employer can start by:
• 1st - Identifying the hazards at the
workplaces/processes.
• 2nd - Evaluate the risks for every activity being
carried out.
• 3rd- Action to control the said risks.

This process is called HIRARC.


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HIRARC

HAZARD RISK
RISK CONTROL
IDENTIFICATION ASSESSMENT

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OSH Act?
• OSH Act 1994 (Malaysia) Part I - Preliminary
Short title
• Act applies throughout Malaysia to the
industries.
• Nothing in this Act shall apply to work on
board ships governed by the Merchant
Shipping Ordinance 1952, the Merchant
Shipping Ordinance 1960 of Sabah or Sarawak
or the armed forces.

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OSH Act Background
• Gazetted on February 24, 1994.
• The legislation requires all employers with more
than five employees to formulate a written Safety
and Health Policy of their workplaces.
• The Act sets out the responsibilities of the
employers and employees in maintaining a safe
and healthy working environment.

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OSH Act Background
• The two main OSH Acts

1. Factories and Machinery Act 1967 (Act 139)


3. Occupational Safety and Health Act 1994
(Act 514)

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Objective Of The OSH Act
• to make further provisions for securing that
safety, health and welfare of persons at work,
for protecting others against risks to safety or
health in connection with the activities of
persons at work, to establish the National
Council for Occupational Safety and Health,
and for matters connected with it.

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Who involved under Occupational Safety and
Health Act 1994 (Act 514).?
Everyone who "work" in
• Manufacturing Sector: •Wholesale and Retail
• Mining and Quarrying; Trades;
• Construction; •Hotel and Restaurant;
• Agriculture, •Finance,
•Insurance,
• Forestry and Fishing;
•Real Estate and Business
• Utilities;
Service Sector;
• Storage and Comm. •Public Services

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Rationale for the OSHAct
Source: JKKP, 2008
Case Location
Date

1 17 Dec 2007 Struck by flying rock Quarry, Perak

2 04 Dec 2007 Struck by wall formwork Construction site, Penang

3 20 Nov 2007 Suffocate in confined space Sewage plant, Johor

4 13 Nov 2007 Jacket torn during leakage test Factory, Selangor

5 21 Oct 2007 Caught between roller and conveyor belt Factory, Pahang

6 15 Oct 2007 Fall from lorry Plantation, Pahang

7 10 Oct 2007 Crushed to death by excavator Logging site, Sarawak

8 24 Sep 2007 Struck by pile Construction site, Sarawak

9 07 Sep 2007 Struck by log Factory, Sarawak

10 01 Sep 2007 Leg severed in infeed screw conveyor Factory, Sarawak

11 20 Aug 2007 Fall from scaffolding Construction site, Negeri Sembilan

12 09 Aug 2007 Fall while installing `Nitrogen Stabilaz Regulator’ Factory, Johor

13 07 Aug 2007 Burns and fall while putting out fire Factory, Penang 13
Case Location
Date
14 30 Jul 2007 Caught between roller and belt conveyor Factory, Perlis
15 19 Jul 2007 Transformer room explosion Construction site, Johor
16 08 Jul 2007 Caught in crusher Factory, Negeri Sembilan
17 12 Jun 2007 Struck by tree Forest, Pahang
18 01 Jun 2007 Fall into mixer tank Factory, Perak
19 01 Jun 2007 Terjatuh dari tingkat 1 Construction site, Selangor
20 03 May 2007 Caught between bulldozer tyres Workshop, Negeri Sembilan
21 29 Apr 2007 Burnt to death Factory, Selangor
22 25 Apr 2007 Worker caught between objects Factory, Sarawak
23 24 Apr 2007 Fall into pit Factory, Penang
24 20 Apr 2007 Run over by motorgrader Road, Negeri Sembilan

25 19 Apr 2007 Three killed while carrying out painting work Factory, Sabah

26 18 Apr 2007 Overturned skylift Road, Penang


27 14 Apr 2007 Fall from 6th floor Construction site, Selangor
28 04 Apr 2007 Overturning of excavator into mine Construction site, Pahang
29 02 Apr 2007 Fall from height Construction site, Selangor
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30 02 Apr 2007 Pinned down by earth moving machine Plantation, Sarawak
31 28 Mar 2007Fall of worker from platform of scaffolding Factory, Melaka
32 26 Mar 2007Pembantu Keselamatan Bank Terjatuh Bank, Penang
33 23 Mar 2007Pinned down by mini tractor Plantation, Johor
34 21 Mar 2007Struck by rocks Quarry, Perak
35 16 Mar 2007Plantation accident Plantation, Johor
Caught between cantilever bridge and door of
36 15 Mar 2007 Factory, Johor
steriliser
Construction site, Kuala
37 12 Mar 2007Fall from 7th to 2nd floor
Lumpur
38 10 Mar 2007Struck by timber Factory, Sabah
Construction site, Kuala
39 07 Mar 2007Fall from 9th to 4th floor
Lumpur
40 06 Mar 2007Fall from 16th floor Construction site, Selangor
Construction site, Kuala
41 06 Mar 2007Fall from 4th to 1st floor
Lumpur
42 27 Feb 2007 Struck by container Factory, Sarawak
Construction site, Negeri
43 27 Feb 2007 Fall from roof
Sembilan
Construction site, Kuala
44 31 Jan 2007 Fall from 23rd floor
Lumpur
45 21 Jan 2007 Fall to the first floor Construction site, Penang
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48 11 Jan 2007 Dihempap oleh 'Excavator' Ladang, Sabah
Construction site, Kuala
49 11 Jan 2007 Scaffolding collapse
Lumpur
50 09 Jan 2007 Tersepit pada mesin 'Die Cut' No content
51 08 Jan 2007 Struck by bulldozer Oil palm plantation, Johor
52 02 Jan 2007 Struck by brick wall Construction site, Johor

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Rationale for the OSHAct
The most debilitating experience one can have on the job is to be
involved in, or exposed to, a work related accident or illness.

Effects:
-Psychologically stressful for the victim’s fellow workers
-Extraordinarily expensive for the victim’s employer

Congress passed the OSH Act with the following stated purpose:

“…to assure so far as possible every working man and woman in the
nation safe and healthful working conditions and to preserve our human
resources”
Occupational Safety and Health Act (OSHAct), 1970.

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Rationale of OSH Act
• Uniform law was needed to help reduce the
incidence of work-related injuries, illnesses,
and deaths and the OSH Act 1970 addressed
this need.

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Obligations of the employers towards
the employees
• The employer is obligated to protect the employees
in relation to safety, health and welfare through the
following procedures:
1. To provide and maintain a safe plant and working system;
2. To put in place procedures so as to ensure safety and
health in the usage, handling, storage and transportation
of the plant and supplies;
3. To provide information, instruction, training and
supervision for new and old employees;
4. To provide and maintain a working environment that is
safe and free from health hazards; and
5. To provide the necessary amenities for the welfare of
those who are working. 22
responsibility of the employees at the
workplace
• Every employee has the responsibility to :
1. Be reasonably attentive so as to avoid injury onto
themselves as well as others while carrying out
their work activities; and
2. Co-operate with the employer and others so as to
fulfill the provision of the law.

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Right of employees!
The employees can expect to be protected
from discrimination, injury or re-designated by
the employer in cases if :
1. He/She make a report about the unsafe
conditions or work practices in the workplace;
2. He/She become a member of the safety and
health committee; and
3. He/She carry out his/her duties as a member of
the safety and health committee.

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Ideal time to form the Safety and Health
Committee at the workplace
• The employer should form the Safety and
Health Committee at the workplace when
there are 40 or more employees in the
workplace
or
• when instructed by the Director General of
DOSH.

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Functions of the Safety and Health
Committee
• The functions of the Safety and Health
Committee at the workplace are :
– To review the safety and health procedures at the
workplace;
– To investigate any complaints or other related
matters that are raised; and
– To hold regular discussions with the employer on
issues relating to safety and health at the
workplace.

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Safety n Health Officer
• An employer who is classified under the Safety
and Health Act 1994 must employ a
competent person to act as a Safety and
Health Officer.
• The Safety and Health Officer is to ensure that
the Safety and Health Act 1994 is complied
with and also instrumental in promoting a safe
and healthy working environment.

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Employer must notify the nearest DOSH office
by the quickest means available using
telephone, fax, JKKP 6 or JKKP 7 in the
unfortunate event of any accident, hazardous
incident, industrial poisoning or illness that
has happened or may happen at the
workplace.

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Penalty!
Employer who fail to ensure safety, health and
welfare of employees at the workplace shall
be guilty of an offence and shall on conviction
will be liable to a fine not exceeding
RM50,000 or to imprisonment not exceeding
two years or to both.

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OSHA Standards vs. OSHA Regulations

-OSHA issues both standards and regulations

OSHA standards address specific hazards such as


working in confined spaces, handling hazardous waste,
or working with dangerous chemicals.

Regulations are more generic in some cases than


standards and more specific in others.

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Confined Space Standard

Confined space is a term from labor-safety regulations that refers to an


area whose enclosed conditions and limited access make it dangerous.

Confined spaces such as:

-manholes
-storage tanks
-underground vaults
-pipelines
-vats
-exhaust ducts
-boilers
-degreasers

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Confined Space Standard

-Develop in response to the approximately 300 work-related deaths


that occur in confined spaces each year.

-Applies to a broad cross section of industries that have employees


working in spaces with the following characteristics:
-limited openings for entry or exit
-poor natural ventilation
-design not intended to accommodate continuous human
occupancy

Confined spaces such as:

-manholes -vats
-storage tanks -exhaust ducts
-underground vaults -boilers
-pipelines -degreasers
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Confined Space Standard

-The key component in the standard is the permit requirement.

-Employers are required to develop an in-house program under


which employees must have a permit to enter confined spaces.

-Employers must do the following

-Identify spaces that can be entered only by permit


-Restrict access to identified spaces to ensure that only
authorized personnel may enter
-Control hazards in the identified spaces through engineering,
revised work practices, and other methods.
-Continually monitor the identified spaces to ensure that any
known hazards remain under control

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DOSH

Legislations:
• Act – A product, such as a statute, decree, or enactment,
resulting from a decision by a legislative or judicial body
• Regulations –a law, rule, or other order prescribed by
authority
• Order – A direction or command delivered by a court or other
adjudicative body and entered into the record but not
necessarily included in the final judgment or verdict.
• Codes of Practice – set of written rules which explains how
people working in a particular profession should behave
• Guidelines –A statement or other indication of policy or
procedure by which to determine a course of action
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DOSH

Acts Being Enforced By DOSH


1. Factories And Machinery Act 1967 (Act 139)
2. Occupational Safety And Health Act 1994 (Act 514)
3. Petroleum Act (Safety Measures) 1984 (Act 302)

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Eg Regulations :
• Factories and Machinery (Steam Boiler And Unfired Pressure Vessel) Regulations,
1970
• Factories and Machinery (Electric Passenger And Goods Lift) Regulations, 1970
• Factories and Machinery (Fencing Of Machinery And Safety) Regulations, 1970
• Factories and Machinery (Person-In-Charge) Regulations, 1970
• Factories and Machinery (Safety, Health And Welfare) Regulations, 1970
• Factories and Machinery (Administration) Regulations, 1970
• Factories and Machinery (Certificates Of Competency-Examinations) Regulations,
1970
• Factories and Machinery (Notification, Certificate of Fitness And Inspections)
Regulations, 1970
• Factories and Machinery (Compounding Of Offences) Rules, 1978
• Factories and Machinery (Compoundable Offences) Regulations, 1978
• Factories and Machinery (Lead) Regulations, 1984
• Factories and Machinery (Asbestos Process) Regulations, 1986
• Factories and Machinery (Building Operations And Works Of Engineering
Construction) (Safety) Regulations, 1986
• Factories and Machinery (Noise Exposure) Regulations, 1989
• Factories and Machinery (Mineral Dust) Regulations, 1989
• Factories and Machinery (Notification, Certificate of Fitness and Inspection)
(Amendment) Regulations, 2004 Factories and Machinery (Steam Boiler and Unfired
Pressure Vessel ) (Amendment) Regulations, 2005 36
Eg: Orders
• Occupational Safety and Health (Safety and Health
Officer) Order 1997
• Occupational Safety and Health (Prohibition of
Use of Substance) Order 1999

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Eg: Codes

• Code Of Practice On Indoor Air Quality


• Code Of Practice For Safe Working In A
Confined Space
• Code Of Practice On Prevention And
Management Of HIV/AIDS At The Work Place
• Code Of Practice On Preventing And
Responding To Drug And Alcohol Problems At
Workplace

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Eg: Guidelines

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The list of regulations under this Act are:

1. Occupational Safety and Health (Employers' Safety and Health General


Policy Statements)(Exception) Regulations 1995
2. Occupational Safety and Health (Control of Industry Major Accident
Hazards) Regulations 1996
3. Occupational Safety and Health (Safety and Health Committee)
Regulations 1996
4. Occupational Safety and Health (Classification, Packaging and
Labelling of Hazardous Chemicals) Regulations 1997
5. Occupational Safety and Heath (Safety and Health Officer) Regulations
1997
6. Occupational Safety and Health (Prohibition of Use of Substance) Order
1999
7. Occupational Safety and Health (Use and Standards of Exposure of
Chemicals Hazardous to Health) Regulations 2000
8. Occupational Safety and Health (Notification of Accident, Dangerous
Occurrence, Occupational Poisoning and Occupational Disease)
Regulation 2004
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OSHA’s General Industry Standards

-The most widely applicable OSHA standards

-These standards are found in 29 CFR 1910.

-Part 1910 consists of 21 subparts, each carrying an


uppercase-letter designation.

-Subpart A and B contain no compliance requirement

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OSHA’s General Industry Standards

SUBPART C: General Safety and Health Provisions

-Access to employee Exposure and Medical Records

-Employers that are required to keep medical and


exposure records must do the following:
i)maintain the records for the duration of
employment plus 30 years
ii)give employees access to their individual
personal records

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OSHA’s General Industry Standards

SUBPART D: Walking-Working Surfaces

-Contains the standards for all surfaces on which


employees walk or work.

1910.21 Definitions
1910.22 General requirements
1910.23 Guarding floor and wall openings
and holes
1910.24 Fixed industrial stairs

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OSHA’s General Industry Standards

SUBPART E: Means of Egress

-Requires employers to ensure that employees have a


safe, accessible, and efficient means of escaping a
building under emergency circumstances.

1910.35 Definitions
1910.36 General requirements
1910.37 Maintenance safeguards and
operational features for exit routes
1910.38 Emergency action plan
1910.39 Fire protection plan
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OSHA’s General Industry Standards

SUBPART F: Powered Platforms


-Applies to powered platforms, mechanical lifts, and
vehicle-mounted work platforms.

-Apply only employers who use this type of equipment


in facility maintenance operations.

1910.66 Powered-platform for building


maintenance
1910.67 Vehicle-mounted elevating and
rotating work platforms
1910.68 Manlifts
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OSHA’s General Industry Standards

SUBPART G: Health and Environment Controls

-The most widely applicable standard in Subpart G is:

1910.95 Occupational noise exposure

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OSHA’s General Industry Standards

SUBPART H: Hazardous Materials


-Contains four of the most widely applicable standards:

1910.106 Flammable and combustible liquids


1910.107 Spray finishing using flammable and
combustible materials
1910.119 Process safety management of
highly hazardous chemical
1910.120 Hazardous waste operations and
emergency response

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OSHA’s General Industry Standards

SUBPART I: Personal Protective Equipment

-Contains three of the most widely applicable standards

1910.132 General requirements


1910.133 Eye and face protection
1910.134 Respiratory protection

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OSHA’s General Industry Standards

SUBPART J : General Environment Controls

-Contains standards that are widely applicable because


they pertain to general housekeeping requirements

1910.146 Permit-required *confined space


1910.147 Control of hazardous energy
(lockout/tagout)

*A confined space is one that meets any or all of the following


criteria:
-Large enough and so configured that a person can enter it
and perform assigned work tasks therein
-Continuous employee occupancy is not intended
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OSHA’s General Industry Standards

SUBPART K: Medical and First Aid

-The most important section of which pertains to eye-


flushing.
-If employees are exposed to injurious corrosive
materials, equipment must be provided for quickly
flushing the eyes and showering the body.
-Requires medical personnel to be readily available

1910.151 Medical seminars and first aid

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OSHA’s General Industry Standards

SUBPART L: Fire Protection

-Contains the bulk of OSHA’s fire protection standard.


-These standards detail the employer’s responsibilities
concerning fire brigades, portable fire-suppression
equipment, fixed fire-suppression equipment, and fire
alarm systems.

Fire protection

1910.155 Scope, application, and definitions


applicable to this subpart

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OSHA’s General Industry Standards

SUBPART L: Fire Protection


Portable Fire-Suppression Equipment

1910.157 Portable fire extinguishers

Fixed-Fire Suppression Equipment

1910.159 Automatic Sprinkler systems

Other Fire Protection Systems

1910.164 Fire detection systems

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OSHA’s General Industry Standards

SUBPART M: Compressed Gas/Air

-Contains only one standard.


-Applies to compressed-air equipment that is used in
drilling, cleaning, chipping, and hoisting.

1910.169 Air receivers

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OSHA’s General Industry Standards

SUBPART N: Materials Handling and Storage

-Applies only to the handling and storage of materials,


changing rim wheels on large vehicles, and the proper
use of specific equipment identified in the standards’
titles.

1910.176 Handling materials-general


1910.177 Servicing multi-piece and single-
piece rim wheels

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OSHA’s General Industry Standards

SUBPART O : Machinery and Machine Guarding

-Contains standards relating to specific types of


machines.

1910.211 Definitions
1910.212 General requirements for all
machines
1910.213 Woodworking machinery
requirements

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OSHA’s General Industry Standards

SUBPART P: Welding, Cutting and Brazing

-Contains the standards relating to these processes in


all their various forms.
-The primary safety and health concerns are fire
protection, employee personal protection, and
ventilation.

1910.251 Definitions
1910.253 Oxygen-fuel gas welding and cutting
1910.254 Arc welding and cutting
1910.255 Resistance welding

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OSHA’s General Industry Standards

SUBPART Q: Hand Tools/Portable Power Tools

-Contains standards relating to the use of hand tools,


portable power tools, and compressed-air-powered
tools.

1910.241 Definitions
1910.242 Hand and portable-powered tools
and equipment
1910.243 Guarding of portable tools and
equipment

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OSHA’s General Industry Standards

SUBPART R: Special Industries

-Subpart R deals with specific industries. Each separate


standard relates to a different category of industry.

1910.261 Pulp, paper, and paperboard mills


1910.262 Textiles
1910.263 Bakery equipment
1910.264 Laundry machinery and operations
1910.265 Sawmills
1910.266 Pulpwood logging
1910.268 Telecommunications
1910.272 Grain handling facilities
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OSHA’s General Industry Standards

SUBPART S: Electrical
-This subpart contains standards divided into two
categories:
(1)design of electrical systems
(2)safety related work practices

1910.302 Electric utilization systems


1910.305 Wiring methods, components, and
equipment for general use.

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OSHA’s General Industry Standards

SUBPART T: Commercial Diving Operations


-This subpart applies only to commercial diving
enterprises.
-The standards contained in Subpart T are divided into
six categories:
(1) general
(2) personnel requirements
(3) general operations and procedures
(4) specific operations and procedures
(5) equipment procedures and requirements
(6) record keeping

1910.410 Qualification of dive teams


1910.422 Procedures during dive 60
OSHA’s General Industry Standards

SUBPART Z: Toxic and Hazardous Substances

-Standard that establish permissible exposure limits


(PELs) for selected toxic and hazardous substances.

1910.1000 Air contaminants


1910.1450 Occupational exposure to hazardous
chemicals in laboratories

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Standards and Codes

STANDARD
An operational principle, criterion, or requirement– or a
combination of these.

CODE
Set of standards, rules, or regulations relating to a
specific area.

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Standards and Codes

-Standards and codes play an important role in modern


safety and health management and engineering.

-Written standards and codes that employees carefully


follow can also decrease company’s exposure to costly
litigation.

-Numerous organizations develop standards for


different industries. These organizations can be
categorized as follow:
Government
Professional organizations
Technical/Trade associations

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Thank You

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