CHAPTER 1:

SAFETY AND HEALTH

MANAGEMENT

Topic:
OSH Legislation
WEEK 2 (25/2/2020)
OSHA 1994
OCCUPATIONAL SAFETY AND HEALTH
ACT 1994
Introduction
The Occupational Safety and Health Act 1994
(Act 514) is a piece of Malaysian legislation which
has been gazetted on the 25 February 1994 by the
Malaysian Parliament.
Introduction
Introduction
Code of
Practice
Regulation Order

OSHA
Act Guideline
1994
 Objective of OSHA 1994
• 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;
• To protect persons 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;
• To promote an occupational environment for persons at work
which is adapted to their physiological and psychological needs;
• 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.
 General Duties of Employers & Self-
Employed Persons
◦ Section 15 - General duties of employers and self-employed persons
to their employees.

1. Ensure the safety, health and welfare of all workers while at work
2. This includes:
a) Making arrangements and maintenance of plants and work system
b) Making arrangements for the use, handling, storage and
transportation of the plant and substances (materials).
c) Provision of information, instruction, training and supervision.
d) Provide and maintain workplace / access routes to and from work
areas.
e) Provide and maintain work environment with adequate welfare
facilities.
 General Duties of Employers &
Self-Employed Persons
◦ Section 15 - General duties of employers and self-employed persons
to their employees.

Additional Provision:
◦ Employee includes independent contractor engaged by an employer or a
self employed person and any employees of the independent contractor.
 General Duties of Employers &
Self-Employed Persons
• Section 16 - Formulate a written Safety and Health Policy
• Section 17(1) - Conduct operations without endangering the safety
of others – non-workers and public.
• Section 17(2) - Provide information to others on business
operations.
• Section 18 - An occupier of non-domestic premises shall take
measures to ensure that the place of work is/are safe and without
risks to health to the persons other than his employees.
 General Duties of Employers &
Self-Employed Persons
◦ Section 19 – Penalties

◦ A person who breaches the provisions of Section 15, 16, 17 and

18 shall be guilty of an offence and shall on conviction be liable to:

Maximum Fine RM50,000;

or Max Imprisonment 2
Years; or Both
 General Duties of Employers &
Self-Employed Persons
Section 26. Duty not to charge employees for things done or
provided.

◦ The employer may not charge employees for things done or

provided in pursuance of this Act.
 General Duties of Employers &
Self-Employed Persons
◦ Section 27 - Discrimination against employee, etc.

◦ Employer /Trade Union may not discriminate – dismiss, injure or

change position of any employee who makes complaint that he is not
safe or is risk to health and also exercises his functions as a member
of the Safety and Health Committee.

Maximum Fine RM10,000;

or Max Imprisonment 1
Years; or Both
 General Duties of Employers &
Self-Employed Persons
◦ Section 29 – Safety and health officer

 Specific industries gazetted.

 Employ a competent person to act as a safety and health officer.
 Specific responsibilities to ensure compliance to the Act and
promotion of safe work.
 Qualification and training requirements.

Maximum Fine RM5,000;

or Max Imprisonment 6
months; or Both
 General Duties of Employers &
Self-Employed Persons
◦ Section 30 – Establishment of safety and health committee at
place of work.

 To be established if:
a. There are 40 or more workers.
b. Instructed by Director General
 Membership, selection and appointment as prescribed.
 Consultation with employer

Maximum Fine RM5,000;

or Max Imprisonment 6
months; or Both
 General Duties of Employers &
Self-Employed Persons
◦ Section 31 – Functions of safety and health committee

 To review all safety and health measures that have been taken.
 Investigate issues concerning occupational safety and health and
bring to attention of employer.
 Other functions may be determined.
 General Duties of Employers &
Self-Employed Persons
◦ Section 32 – Notification of Accidents, Dangerous Occurrence
Occupational Poisoning and Occupational Diseases and Inquiry

 Employers to inform the nearest Department of Safety and Health

office (DOSH).
 Registered Medical Practitioners should report to the Director
General.
 General Duties of Employees
◦ Section 24 – General duties of employees at work

a. Ensure personal safety and that of others.

b. Cooperate with employer and others.
c. Properly wear and /or use personal protective equipment that are
provided.
d. Comply to any safety instructions.

Maximum Fine RM1,000;

or Max Imprisonment 3
months; or Both
 General Duties of Employees
Section 25 - Duty not to interfere with or misuse things provided
pursuant to certain provisions

◦ An employee who intentionally, recklessly or negligently interfere of

misuse anything provided or done in the interest of safety, health
and welfare in pursuance of the Act shall be guilty of an offence.

Maximum Fine RM20,000;

or Max Imprisonment 2
Years; or Both
Regulations and Orders under OSHA 1994 (Act 514)
Occupational Safety and Health (Employers’ Safety and Health General Policy
Statement)(Exception) Regulations 1995
Occupational Safety and Health (Control of Industrial Major Accident Hazards) Regulations
1996

Occupational Safety and Health (Safety and Health Committee) Regulations 1996

Occupational Safety and Health (Classification, Packaging and Labeling of Hazardous

Chemicals) Regulations 1997

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

Occupational Safety and Health (Safety and Health Officer) Orders 1997

Occupational Safety and Health (Prohibition of Use of Substances) Orders 1999

Occupational Safety and Health (Use and Standard of Exposure of Chemicals Hazardous to
Health) Regulations 2000
Occupational Safety and Health (Notification of Accident, dangerous Occurrence,
Occupational Poisoning and Occupation Disesases) Regulations 2004
FMA 1967
FACTORIES AND MACHINERIES ACT 1967
(ACT 139)
Introduction

FMA 1967 was the sole OSH legislative reference

pertaining to industries’ activities.

Factory and Machinery Act 1967 only covers

occupational safety and health in the manufacturing,
mining, quarrying and construction industries,
whereas the other industries are not covered.
 Objective OF FMA 1967
To provide for the control of factories with respect
to:
 matters relating to the safety, health and welfare
of persons therein;
 the registration and inspection of machinery; and
 matters connected therewith.
◦ Workers that are covered by Factory and
Machinery Act 1967 consists only of 24% of the
nation’s total man power, while Occupational
Safety and Health Act (OSHA) 1994 would
cover 90% of the nation’s total man power.
 Regulations under FMA 1967
(Act 139)
Factories & Machinery (Certificate of Competency – Examinations) Regulations
1970
Factories & Machinery (Electric Passenger and Goods Lift) Regulations 1970

Factories & Machinery (Fencing of Machinery & Safety) Regulations 1970

Factories & Machinery (Notification, Certificate of Fitness and Inspection )
Regulations 1970
Factories & Machinery (Person-In-charge) Regulations 1970

Factories & Machinery (Safety, Health and Welfare) Regulations 1970

Factories & Machinery (Steam Boiler and Unfired Pressure Vessel) Regulations
1970
Regulations under FMA 1967
(Act 139)
Factories & Machinery (Administration) Regulations 1970
Factories & Machinery (Compounding Offences) Rules 1978 & Factories
& Machinery (Compoundable Offences) Regulations 1978
Factories & Machinery (Lead Regulations 1984

Factories & Machinery (Asbestos Process)

Factories & Machinery (Noise Exposure) Regulations 1989

Factories & Machinery (Mineral Dust) Regulations 1989

Factories & Machinery (Building Operations and Works of Engineering
Construction) Regulations 1986

Related to Construction
BOWECS 1986
BUILDING OPERATIONS AND WORKS OF
ENGINEERING CONSTRUCTION ( BOWECS)
1986 & OTHER LEGISLATIONS
Introduction
 Force on 1st October 1986 – Building operations and works of engineering
construction only.
 Building operations – Construction, structural alteration, repair &
maintenance, demolition of an intended building.
 Works of Engineering Construction – Construction, extension, installation,
repair, maintenance, renewal, removal, renovation, alteration, dismantling
and demolition.
 The regulation stipulated under Factories & Machinery Act and
Regulations.
 Part I: Preliminary – Definition of
terms
Contractor – Person who has entered into a contract for the purpose of carrying
out any building operations or works of engineering construction and includes
main contractor or sub-contractor.
Contractor’s Safety Supervisor – A contractor’s safety supervisor appointed under
Regulation 26.
Designated Person – A competent person appointed by an employer to carry out
any supervision or inspection or to perform any task or duty prescribed by these
Regulations.
Employer – Any person who employs another person under contract of service.
Main contractor – A person who has entered into a contract with a owner or
lessee of a property or his agent for the purpose of carrying out any building
operation or work of engineering construction.
Professional engineer – A “Registered Professional Engineer” as defined by
Section 2 of the Registration of Engineer Act 1967.
Part II: General Provision
 This part describes the general precautions to be taken such as:

Installation of machinery, Drawing hazards, Slipping hazards,

Tripping and cutting hazards, PPE, Electrical hazards, Public
vehicular traffic, Stability of structures, Illumination, Storage of
materials, Disposal of debris, Site safety supervisors, Safety and
health committee.
Part III: Concrete Work
 This part deals with precautions to be taken in the erection and
dismantling of formwork for concrete buildings.
 PE must certify all formworks and reshores – responsible for
supervision and structure stability.
 Erection work supervision – conduct regular inspection – record all
findings.
 Stripping of formwork should not commence until concrete is fully set
in accordance with PE’s specification.
 Part IV: Structural Steel & Pre-
cast Concrete Assembly

 Safety requirements – Erection of structural steel and pre-cast concrete

structures.
 To control movement of structural members while being hoisted.
 Temporary flooring – follow up by construction of steel frame building.
Part V: Cleaning, Repairing & Maintenance of
Roof, Gutters, Windows, Louvers and
Ventilation
i) Precautions step need to be taken when working on steep roofs.
ii) Crawling boards or roofing brackets must be installed on roofs at
safe angle.

Part VI: Catch Platforms

i) Catch platform must be erected along the exterior face of
structures to protect the public against falling objects.
ii) Designed and certified by PE.
crawling board

roofing bracket
catch platform
Part VII: Chutes, Safety Belts & Nets
 Chutes or rubbish removal must totally enclosed if angle exceeds 45
degrees from horizontal.
 Chutes exceed 12.0m – constructed in accordance with PE design and
certification.
 Warning notices – noticeable position.
 Debris not allow to accumulate to an unacceptable height.
 Type and strength of safety belts, safety net and lifelines shall be
adequate and approved by Chief Inspector.
 Defective items should be removed from work site. All inspections to
be recorded and kept on work site for inspection by an Inspector.
Part VII: Chutes, Safety Belts & Nets
 Chutes or rubbish removal must totally enclosed if angle exceeds 45
degrees from horizontal.
 Chutes exceed 12.0m – constructed in accordance with PE design and
certification.
 Warning notices – noticeable position.
 Debris not allow to accumulate to an unacceptable height.
 Type and strength of safety belts, safety net and lifelines shall be
adequate and approved by Chief Inspector.
 Defective items should be removed from work site. All inspections to
be recorded and kept on work site for inspection by an Inspector.
Part VIII: Runways and Ramps
i) Runways and ramps for vehicles, workers and barrows to be
designed by PE.

Part IX: Ladders & Step-Ladders

i) Securely fixed to avoid slip.
ii) Necessary for work exceeding 1.5 meters in height.

Part X: Scaffolds
i) Scaffolds and their components must constructed from suitable
& sound material and adequate strength.
ii) Working platforms must be adequate size for specific work and
provided with guard-rails and toe-boards.
Part XI: Demolition
i) No part of a building or structure can be allowed to become
dangerously overloaded with debris; and
ii) The work must be done under close supervision of a designated
person.

Part XII: Excavation Work

i) Excavation must be shored or cut back to prevent collapse.
ii) Guardrails must be installed if excavations exceed 3 meters in
depth.
iii) Provide with access if more than 1.2 meters depth.
iv) Inspection must be carried out and recorded.
Part XIII: Materials Handling & Storage and Use
& Disposal
i) All materials in bags, containers or bundles and other
materials stored in tiers must be stacked, blocked and limited to
certain height for stability.
ii) Corridor and passageways to be kept clear to provide free
and safe movement of material handling.
iii) Material disposed from a height of 6 meters to be carried out
with the aid of enclosed chute.
Part XIV: Piling
i) Pile driving equipment to be inspected by competent designated
person.
ii) Pile testing must be conducted under the direct supervision of a
designated person.
iii) Test area is a restricted area to other workers.
Part XV: Blasting and Use of Explosive
i) Explosives must be handled under immediate control of a
competent designated person.
ii) When explosives are fired, employees must not be exposed to
risks of injury from the explosion or flying materials.

Part XVI: Hand and Power Tools

i) Hand and power tools must be maintained in safe and good
working condition.
ii) The use of hand tools, electric, pneumatic, fuel, hydraulic and
power driven equipment also elaborate under this part.

Part XVII: Miscellaneous

i) Failure to comply provisions made under these Regulations shall
liable the offender to a fine not exceeding RM2,000.00.
THANK YOU