OSHA in Malaysia and

Industrial Safety and Health

Regulation

Chapter 2
MEM603

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 Content
A. Historical Background of OSH Legislation (Definition: Act, Regulation, ICOP and
Guideline)
B. Factories and Machinery Act (FMA) 1967
i. Regulations on Occupational Health
ii. Regulations on Occupational Safety
C. OSH Act 1994
i. Objective and applications in 10 sectors of industry
ii. Philosophy of OSHA and OSHA framework
iii. General Duty of Employer
iv. Duties of Designers, Manufacturers, Importers and Suppliers of Plant
v. General Duties of Employee and Protection for Employee
vi. Safe System of Work and Good Engineering Practice
vii. Powers of DOSH Inspector
viii. Notice of Prohibition/ Improvement and Penalties
ix. National Council for OSH
x. Safety and Health Committee
xi. OSHA Regulations
xii. OSH Orders
xiii. OSH ICOPs/ Manuals
D. Petroleum (Safety Measures) Act 1984
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 Historical Background of OSH Legislation

• Historical overview
– Era of Boiler Safety - 1896
– Era of Machinery Safety - 1914
– Era of Industrial Safety - 1952
– Era of Industrial Safety and
Hygiene - 1967
– Era of Occupational Safety and
Health - 1994

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 Definition?

• Act
A bill which has passed through the various
legislative steps required for it and which has
become law.

• Regulation
A rule or directive made and maintained by
an authority.

• Industrial Code Of Practice (ICOP)

A set of professional standards issued by an
official body to its members to help them
comply with its standards

• Guideline
A general rule, principle, or piece of advice.
 Structure of Legislation

THE ACT REGULATIONS CODES OF

PRACTICE/GUIDELINES

• Defines the scope and • Detailed specific • Guidance in complying

• boundary, and the requirements of the with the ACTs
basic provisions ACTs • May be written by
• Gazetted by parliament • Gazetted by the industries’ associations
• The two ACTs on OSH Minister and endorsed by DOSH
are OSHA 1994 and • Not the Law of the
FMA 1967; and EQA country
1974 for environment

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 Legislation on HSE In Malaysia
OCCUPATIONAL SAFETY AND FACTORIES AND ENVIRONMENTAL QUALITY
HEALTH ACT 1994 (OSHA 1994) MACHINERY ACT 1967 (FMA ACT 1974 (EQA74)
67)

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Factories And Machinery Act (FMA) 1967
FMA (1967)
• 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.
• control on machines, workers and place of work:
• machinery requiring certificate of fitness (from
DOSH):
– steam boilers
– hoisting equipment
– lifting equipment
– pressure vessels

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 Factories And Machinery Act (FMA) 1967

Safety regulations under FMA 1967

• Factories and Machinery (Steam Boiler and
Unfired Pressure Vessel) Regulation 1970
• Factories and Machinery (Person in Charge)
Regulation 1970
• Factories and Machinery (Electric Passenger
and Goods Lift) Regulation 1970
• Factories and Machinery (Fencing of Machinery
and Safety) Regulation 1970
• Factories and Machinery (Safety, Health and
Welfare) Regulation 1970
• Factories and Machinery (Notification,
Certificates of Competency and Inspection)
Regulation 1970
• Factories and Machinery (Building Operation
and Works of Engineering Construction)
Regulation 1989
Health regulations under FMA 1967
• Factories and Machinery (Lead)
Regulation 1984
• Factories and Machinery (Asbestos)
Regulation 1986
• Factories and Machinery (Mineral Dust)
Regulation 1989
• Factories and Machinery (Noise
Exposure) Regulation 1989
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 Regulations on Occupational Health (FMA, 1967)
• Objectives
– To prevent the occurrence of disease due to excessive use and exposure to
lead, asbestos, mineral dust and noise
– Formulation of minimum standard to protect workers exposure

• Safety Health and Welfare

– Protection of workers:
• Determining exposure limits
• Identifying and assessing level of exposure
• Early detection of disease through health surveillance
• Creating awareness among workers through training and information
– Control measure
– Engineering control
– Administrative procedure
– Personal protective equipment

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Regulations on Occupational Health (FMA, 1967)

• Health regulations under FMA 1967

▪ Lead Regulation- 1984
▪ Asbestos Regulation- 1986
▪ Mineral Dust Regulation- 1989
▪ Noise Exposure Regulation- 1989

• Permissible exposure limit (PEL)

A regulatory limit on the amount or concentration of a substance in the air. This is
usually based on an eight-hour time weighted average (TWA), although some are
based on short-term exposure limits (STEL) (15min).

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 Lead Regulation 1984
• Permissible Exposure Limits (PEL)
– PEL = 150 µg/m3 8 hour average (blood lead content)
– Action level = 75 µg/m3 8 hour average
– If working hours is other than 8 hours
• PEL (µg/m3) = 1200/Total working hours per day

▪ Applied to all factories processes where lead is used

▪ Does not apply on construction sites or works of
engineering construction

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 Lead Regulation 1984
• METHODS OF COMPLIANCE
• Engineering and work practice controls.
• Respiratory protection.
• Mechanical ventilation and recirculation of air.
• Administrative control.

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 Who is Exposed to Lead (to be updated)
Workers in general industry and construction are potentially exposed to lead.
As a result of the production, use, maintenance, recycling, and disposal of lead material and
products.
Lead exposure occurs in most industry sectors including construction, manufacturing,
wholesale trade, transportation, remediation and even recreation.

Construction workers are exposed to lead during the removal, renovation, or demolition of
structures painted with lead pigments.

In general industry, workers come in contact with lead in solder, plumbing fixtures,
rechargeable batteries, lead bullets, leaded glass, brass, or bronze objects, and radiators. Lead
exposure can occur not only in the production of these kinds of objects but also in their use
(e.g., firing ranges), repair (e.g., radiator repair), and recycling (e.g., lead-acid battery
recycling).

In the general population, lead may be present in small but hazardous concentrations in food,
water, and air. Lead poisoning from deteriorating old paint is the primary source of elevated
blood lead levels in children. Children under the age of six are at risk of developing cognitive
health effects even at very low blood lead levels. Pregnant women or those who might
become pregnant must avoid lead exposure because it is toxic to the fetus. Another source of
environmental exposure to lead is from workers who take home lead dust on their clothing 13
 Asbestos Regulation 1984
Asbestos process:
– Manufacturing process which involves asbestos except process
where:
• The quantity of asbestos dust produced does not exceed the
permissible exposure limit; or
• Cleaning of premise, equipment and factory facilities
– Permissible Exposure Limits (PEL)
• PEL = 1 Fibre/ml air 8 hour average

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 Mineral Dust Regulation 1989
• Applied to all factories where there are processes using mineral dust
• Prohibition
– Sandblasting process shall not be used in any factory unless with
written approval from the Chief Inspector
• Permissible Exposure Limits (PEL)
– Dust that contain silica <1% Silica
• Workers exposure should not exceed the average concentration
for duration of 8 hours
– 5 mg/m3 air-respirable dust
– 10 mg/m3 air - total dust
– Dust that contain silica <1% Silica
• Workers exposure should not exceed the average concentration
for duration of 8 hours
– 0.05 mg/m3 cristabolate/trydymtie
– 10 mg/m3 - respirable quartz

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 Mineral Dust Regulation 1989

– If more than Permissible Exposure Limits, need to provide Personal

Protective Equipment (PPE)
• Clothing that cover the whole body
• Gloves, hats, shoes
• Face shields, goggle and other relevant PPE
– The employer is responsible to provide facilities for the hygiene and
disposal of clothing and equipment

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 Noise Exposure Regulation 1989

• Based on study from the year 1983 – 1990, it was found that:
– Average 50% or workers were at risk of hearing impairment
– 22% having hearing impairment
– 70 % exposed at levels >90 dB(A)
• Applied to all factories where workers are exposed to excessive noise,
such as:
– Steel factory
– Chemical industry
– Palm oil mill
– Textile factory

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 Noise Exposure Regulation 1989

• Permissible Exposure Limits (PEL)

– 90 dB for 8 hours exposure
– Does not exceed 115 dB at anytime
– Does not exceed 140 dB impulsive at peak level
• Exposure monitoring -Audiometric test
• Conducted by a competent person
• Standard technique
• Frequency: yearly, or 2 yearly

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Common sound level

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 Countermeasure?

How to comply ?
• To reduce and control exposure below PEL
• Requirement to change
– Production, processes, controls of workers
– Method
• Engineering control; Ventilation, Water spray (mineral dust),
safety fence etc.
• Administrative control; Safe work procedure
• Personal protective equipment's (PPE); if other controls fail
to reduce exposure

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 Health regulations under FMA 1967
• Summary
– What is the regulations? (4)
– Exposure limit (PEL)
– How to overcome? Countermeasure?
• Engineering method
• Administrative
• PPE

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Regulations on Occupational Safety (FMA, 1967)
• Objectives
– To prevent from any occurrence of accidents due to use and handling of
machines in factories
– To provide a standard minimum requirements for the protection of the
workers
• Strategies -protection of workers through:
– Setting standards for machinery which are hazardous or have high risk
– Identify and assess the level of risk/ hazards of vehicle being handled as well
as the surrounding environment
– Reduce exposure through
• Engineering control
• Administrative procedures
• Personal protective equipment's
• Create awareness among workers through training and information

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Regulations on Occupational Safety (FMA, 1967)
• Health regulations under FMA 1967
▪ Steam Boiler and Unfired Pressure Vessel Regulation 1970
▪ Person in Charge Regulation 1970
▪ Electric Passenger and Goods Lift Regulation 1970
▪ Fencing of Machinery and Safety Regulation 1970
▪ Safety, Health and Welfare Regulation 1970
▪ Notification, Certificates of Competency and Inspection Regulation 1970
▪ Building Operation and Works of Engineering Construction Regulation 1989

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Steam Boiler and Unfired Pressure Vessel Regulation 1970 (example)

• Main provision
– Manufacture of boilers and pressure vessels
– Imported steam boilers and pressure vessels
– Steam boilers
– Unfired steam vessels
• Application
– All boilers and unfired pressure vessels
• That have not yet assigned authorized safe working pressure by Chief Inspector
• Exception
– Those exempted by the Chief Inspector due to reason of special circumstance
• Misc. provision
– Materials codes
– Design codes
– Inspecting authority

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 Person in Charge Regulation 1970 (example)

• Machinery requiring person in charge that compulsory to have Certificate

of Competency.
– Steam boiler
– Steam engine
– Internal combustion engine
– Dredge

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 Electric and Passenger Goods Lift Regulation 1970 (example)

• Application to all electric passenger and good lifts

• Exemption given to approved by Chief Inspector
• Design, construction, installation,
testing
– Lifts load and capacity
– Lift safety equipment
– Operation and control
– testing
• Approval for lift installation
– Information and dimension of lift
– Drawing showing design and
location of lift
– Certificate from manufacturer
– Certificate of lift safety equipment
test
– Certificate of wire rope
• Maintenance
– Responsible of owner
• Proper maintenance
• Inspect lifts every 3 months
– Responsibility of competent person
• To enter into maintenance
agreement with approved firm
• Inform the inspector of the
agreement
• Conduct and maintain
maintenance record for each lift
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