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Safety Legislation and Regulation

Article · December 2013

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Syahirah Harun
Universiti Teknologi MARA
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Safety Legislation and Regulation

1. Distinguish between OSHA 1994 and FMA 1967 in terms of its role and focus.

FMA 1967 OSHA 1994

Role The role of FMA 1967 is to cover
occupational safety and health in
manufacturing, mining, quarrying and
construction industries.
Focus Focus on control of factories and
machinery.
Registration and inspection of
machines.
Less provision for health.
The role of OSHA 1994 is to promote
and encourage occupational safety and
health awareness among workers and to
create an effective safety and health
measures organization.
Safeguard health and welfare of
employees and people at workplace such
as visitors.

2. One of the main objectives of the Occupational Safety and Health Act (OSHA) 1994 is
for the owners of every workplace to “self-regulate” rather than rely on enforcement of
safety and health legislations and regulations. Express your opinion on why and how
this objective needs to be achieved.

One of the main objectives of the Occupational Safety and Health Act (OSHA) 1994 is
for the owners of every workplace to “self-regulate” rather than rely on enforcement of safety
and health legislations and regulations. This objective is necessary for the owners of every
workplace to handle the issues of occupational safety and health on their own as the
enforcement of safety and health legislation and regulations only stated the basics and general
safety precaution and legislation. Its primary responsibility is to ensure safety and health at
 work lies with those who create the risks (employer) and those who works with the risk
(employee). The concept of self-regulation encourages both the worker and employer to
participate, cooperate and consult with each other to enhance the safety and health at the
workplace.

3. The Environmental Quality Act 1974 is implemented to deal with environmental

protection and pollution control. Define the term “noise” and explain the effects of noise
pollution on human health.

Noise is the sound that is unwanted, loud and unexpected. Noise can affect human physically
and mentally. Sound can cause annoyance, stress and violent behavior (aggressiveness). The
constant loud noise also causes hypertension, hearing loss, sleep disturbances and tinnitus.
Tinnitus is a condition where the patient will hear noises in their ears even there is no outside
source. The sound can be either soft or loud sound that may sound like ringing. Meanwhile
stress and hypertension are the leading cause of major health problems such as high blood
pressure and heart problem.

4. The Dow Chemical Company produces toluene with a threshold quantity of 5000 tonnes.
Toluene is identified as a highly flammable liquid. It is produced during the process of
making gasoline and other fuels from crude oil and as a by-product in the manufacture
of styrene. The storage of toluene in the plant is about 700 tonnes and the total
employees in the plant are 150 persons. The flow of the production is as follows:

Raw
Supplier Process Product Packaging Customer
material

Based on the information, list five (5) OSHA 1994 regulations that can be applied and
justify your answer.

i. OSH ( Employer’s Safety and Health General Policy Statement ) Regulation 1995
 - Self-regulation conducted to prevent any risk to safety, health and welfare of persons
at work since the worker is more than 5 person.

ii. OSH ( Control of Industrial Major Accident Hazard ) Regulation 1996 CIMAH
- The total quantity of high flammable liquid (toluene) is exceeding the threshold
quantity which determine as major hazard installation by the Director General

iii. OSH ( Classification, Packaging and Labelling of Hazardous Chemicals ) CPL

Regulation 1997
- Applied in packaging toluene since this chemical is categorize as hazardous chemical
which must be classified according to it specific nature of risk, labelled clearly,
satisfied packaging and follow up-to-date CSDS.

iv. OSH ( Notification of Accident, Dangerous Occurrence, Occupational Poisoning and

Occupational Disease) Regulation 2004 NADOOPOD
- This regulation applied to all places of work because accident from work with hazard
substance can cause any person involve with injury or death.

v. OSH ( Safety and Health Committee ) Regulation 1997 SHC

- A safety and health committee form at the place of work consisting a chairman, a
secretary, 4 representative of employer and 4 representative of employee which make
total of 10 persons involve.

5. Explain the terms consultation tri-partite.

Consultation tri-partite is where employers, employees and government must negotiate to settle
issues and problems relating to occupational safety and health at the workplace.

6. Describe the roles and functions of the Department of Occupational Safety and Health
(DOSH) of Malaysia.
Role of DOSH

DOSH is a government agency responsible for the administration and enforcement of legislations
related to Occupational Safety and Health (OSHA) for Malaysia to lead us in creating a safe and
healthy workplace environment that contributes towards improving the quality of working life
for everyone. The first act of DOSH is regarding steam boiler safety.

Functions of DOSH

1. This department is responsible for ensuring the occupational safety and health of people at
work and other people around the workplace areas from the potential hazard and danger coming
from the activities of various sectors which include:

 Manufacturing
 Mining and quarrying
 Constructions
 Hotel and restaurants
 Agriculture, forestry and fishing
 Transport, storage and communication
 Public services and statutory authorities
 Utilities like gas, electricity, water and sanitary services
 Finance, insurance, real estate and business service

2. To enforce the following legislations:

 Occupational Safety and Health Act 1994 and its regulations.

 Factories and Machinery Act 1967 and its regulations.
 Part of Petroleum Act 1984 (Safety Measures) and its regulations.

3. To conduct research and technical analysis on issues related to occupational safety and health
at the workplace.

4. To carry out promotional and publicity programs to employers, workers and the general public
to foster and increase the awareness of occupational safety and health.
5. To carry out promotional and publicity programs to employers, workers and the general
public to foster and increase the awareness of occupational safety and health.

6. To become a secretariat for the National Council regarding occupational safety and health.

7. Propose two (2) industries which are not covered under OSHA 1994. Justify your
answer.
Two industries that is not covered by OSHA 1994 is armed forces and maritime industries.
OSHA CIMAH 1996 regulation does not cover any installation (industrial activities) under
the armed forces. Meanwhile the CPL 1997 regulation does not apply to the transportation by
sea which is maritime industries.

8. Propose two (2) industries which are not covered under Occupational Safety and Health
(Control of Industrial Major Accident Hazards) CIMAH 1996. Justify your answer.

Two industries which are not covered under Occupational Safety and Health (Control of
Industrial Major Accident Hazards) CIMAH 1996 are:

 a nuclear installation
 an installation under the armed forces

These two are not under CIMAH due to its quantity of hazardous substance is less than the
threshold quantity that the authority feels that the installation would not cause a major accident.

9. Discuss the situation of the industries that need to comply with Occupational Safety and
Health (Safety and Health Officer) SHO Order 1997.

The safety and health officer is needed at:

i. Any building operation or work of engineering construction worth RM 20 million.
ii. Any ship building, gas processing activity, petrochemical activity, chemical and allied
industry, boiler and pressure vessel manufacturing activity, metal industries, wood
 working industries, and cement manufacturing industries employing more than 100
employees.
iii. Any other manufacturing industries specified above more than 500 employees.

10. List the chemicals which are not applied in Occupational Safety And Health (Use And
Standards Of Exposure Of Chemicals Hazardous To Health) Regulations 2000.
The chemicals which are not applied in USECHH are;
i. Chemicals that are defined as radioactive materials under Atomic Energy Licensing Ace
1984 (Act 304)
ii. Foods
iii. Hazardous chemical to health due to their explosive and flammable properties or rather
because they are at high or low temperature or pressure respectively.
iv. Pharmaceutical product

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