Michael Adrian Subagio

02211840000025
Exchange Student from Chemical Engineering ITS, Indonesia
CPE615: Tutorial (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.
 Michael Adrian Subagio
02211840000025
Exchange Student from Chemical Engineering ITS, Indonesia
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 level of sound pressure that is exposed to the human’s unprotected ears. It
is measured in decibels. Sounds that reach 85 decibels or higher can harm a person’s
ears. Noise also has dose. So, people have the limit of time to be exposed to a noise on
some level of decibels. For example, a person can be exposed to 82 decibels for 16
hours, but he can be exposed to 85 decibels 8 hours maximum only. Noise exposure in
working environment must be regulated for it has some effects to the workers.
Effects of excessive noise explosion or noise pollution:
Noise Induced Hearing Loss (direct impact)
High Blood Pressure
Stress
Sleep Disturbances
Reduced attention level
Impairments in memory
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.
a. 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.
b. 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
c. OSH ( Classification, Packaging and Labelling of Hazardous Chemicals ) CPL
Regulation 1997
 Michael Adrian Subagio
02211840000025
Exchange Student from Chemical Engineering ITS, Indonesia
- 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.
d. 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.
e. 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
 Michael Adrian Subagio
02211840000025
Exchange Student from Chemical Engineering ITS, Indonesia
• 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.
 Michael Adrian Subagio
02211840000025
Exchange Student from Chemical Engineering ITS, Indonesia

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.