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SEMESTER MAY / TAHUN 2022

SMOL5203

OSH LEGISLATIONS

NAMA PELAJAR : IKHWAN IRWADI B TAU PEK

STUDENT ID : CGS02541330
NO. KAD PENGNEALAN : 780226-06-5967
NO. TELEFON : 019-384 6082
E-MEL OUM : ikhwanirwadi78@oum.edu.my
NAMA TUTOR : ROSLENDA BINTI HASAN
PUSAT PEMBELAJARAN : PP TERENGGANU

No. Description Page

1.0 Introduction Of Noncompliant 2

2.0 Analyzing Non-Compliant Issue In Malaysian Industries 4
3.0 50 Words Summarise The Noncompliant Issue Identified 7
4.0 Poster of Awareness On Related OSH Legal Requirements 8
5.0 30 Words To Justification Of Choosing The OSH Legal 9
Requirements
6.0 Posting Materials In The Myinspire 9
7.0 Constructive Feedback Given to Colleagues In The Myinspire 10

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References

PART 1 CONTENT

1.0 Introduction Of Noncompliant

Noncompliant once referring to Oxford Dictionaries was defined to the fact that
failing or refusing to obey a rule of existing requirements which has been set up or published
earlier. The meaning was referring to a person or certain communities who was unable to
fulfill the requirement which was set forth as knowing as valid rules, regulations, or
requirements, which were legalized by certain parties who had authority in hand, as a set of
requirements to be followed or obeyed by persons of communities who relevant to
requirements scopes. In the scope of occupational safety and health, according to ISO
45001:2018 (2018) International Standard for Occupational Health and Safety Management
System, Noncompliant also was referring to Nonconformity in which situation a person or
organization is unable to fulfill the desired requirements set up and make published by

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authority body or company. The definition of Nonconformity was also aligned with ISO
14001:2015 (2015) International Standard for Environmental Management System, as well as
ISO 9001:2015 (2015) International Standard for Quality Management System.
In the Occupational Safety and Health (OSH), there are a lot of OSH requirements
being enforced, Internationally and Nationally. The set of the requirement was referred to as
Legal and Others Requirement as per desire needed by ISO 45001:2018 (2018) International
Standard. Obviously, the ISO 45001:2018 (2018) International Standard is the most relevant
occupational safety and health international requirement that the Malaysian government body
had subscribed to, and become an international requirement to be fulfilled by those
organizations who would go for ISO as a company prestige strategy. Others International
Standard like ISO 14001:2015 (2015) International Standard for Environmental Management
System, as well as ISO 9001:2015 (2015) International Standard for Quality Management
System, are also accompanied and fulfill the occupational safety and health need too. All the
requirement under ISO was derived from the Plan, Do, Check, and Act method, which details
a requirement for every methodology being designed. In the ISO 45001:2018 (2018)
International Standard, among requirements that have been set was the Leadership and
worker participation requirement, Planning to address the risk and its opportunities, Support
in term of resources, competence, awareness and communication, organization Operation
planning and its control, OSH Performance evaluation and continual Improvement through
the OSH incident, nonconformity, and corrective action. International Labour Standards
(ILO) on Occupational Safety and Health also was make published as a set of labor
requirements to safeguard the occupational safety and health of all workers.
Once dealing with Malaysian National requirements for occupational safety and
health, the organization or person shall refer to Malaysian legal containing Act, Regulations,
Orders, Code of Practice, Guidelines, and Directive Letter (Official Website Department of
Occupational Safety and Health - Acts (dosh.gov.my) , as well as referring to internal organization
requirements such as OSH Policy, Standard Operating Procedures (SOP) or Instructions. In
Malaysia, Occupational Safety and Health requirements was governed by the Department of
Safety And Health (DOSH). The main Acts stipulated under the purview of DOSH were
Occupational Safety and Health Act 1994 (Act 514), Factories and Machinery Act 1967
(revised-1974), and Petroleum (Safety Measures) Act 1984. Despite the main Act, there were
also a few Regulations being gazette by the Malaysian Parliament. The mentioned
Regulations were the Occupational Safety and Health (Safety and Health Officer)
Regulations 1997, Occupational Safety and Health (Noise Exposure) Regulations 2019,
Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to
Health) Regulations 2000, Occupational Safety and Health (Notification of Accident,

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Dangerous Occurrence, Occupational Poisoning, and Occupational Disease) Regulations
2004, Occupational Safety and Health (Safety and Health Committee) Regulations 1996,
Occupational Safety and Health (Control of Industrial Major Accident Hazards) Regulations
1996, Occupational Safety and Health (Employers' Safety and Health General Policy
Statements) (Exception) Regulations 1995, and Occupational Safety and Health
(Classification, Labelling and Safety Data Sheet of Hazardous Chemicals) Regulations 2013.
Examples of Orders requirement on other hand was the Occupational Safety and Health
(Prohibition of Use of Substances) Order 1999 and the Occupational Safety and Health
(Safety and Health Officer) Order 1997. The Malaysian OSH legal requirements were not
ended to only Orders requirement, however, add with Code of Practice which was Industry
Code of Practice on Chemicals Classification and Hazard Communication (Amendment)
2019, Industry Code of Practice On Chemicals Classification And Hazard Communication,
2014, Industry Code of Practice on Indoor Air Quality, 2010, Industry Code of Practice for
Management of Occupational Noise Exposure and Hearing Conservation 2019, Industry
Code of Practice for Safe Working in a Confined Space, 2010, Code of Practice on
Prevention and Management of HIV/AIDS at the Workplace, 2001, Code of Practice on
Prevention and Eradication of Drug, Alcohol and Substance Abuse in the Workplace, 2005,
Code of Practice on Safety, Health and Environment for Transportation Sector (SHE Code),
2007, Code of Practice for Road Transport Activities, 2010. Malaysian authority also
properly designed and published the Guidelines with regards to safe OSH programs such as
Building Construction & Engineering Work, Chemical, Competency, Ergonomic, HIRARC,
Industrial Hygiene, Industrial Safety, and Occupational Health.
Just not to forget the other's requirements as well, the specific organization, of course,
setting up their own internal Occupational Safety and Health (OSH) Policies, Standard
Operating Procedure (SOP), and Instructions, which shall spell out details of internal
organization OSH requirements. Among others shall refer to specific control by properly
managing an internal requirement of Permit to Work (PTW), Chemical Management,
Scheduled Wastes Management, Personal Protective Equipment (PPE), Scaffolding Safety,
Electrical Safety, Safety System Bypass, and a lot of others protection needed to OSH related
hazards and risks which come associated by organization operational philosophy, as a set of
requirements to safeguard organization business as an ultimate goal. The proper internal OSH
organization requirements shall cover an area of Planning which should be consist of
Leadership and Commitment, Policy and Strategic Objectives, Strategic Hse Objectives,
Organisation, Responsibilities, Resources, Standards and Documents, Do part which was
properly managing Hazards And Effects Management Process, Implementation and
Monitoring. While Check part should consist of the Assurance program on which the

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organization should embark, and Action at last continual process would be Management
Review by the end of the year to determine organization's fulfillment to all requirements.
Based on the abovementioned discussion, there are a thousand Occupational Safety
and Health (OSH) requirements from International, Malaysian National, and internal
organizations as well, which person hired to perform organization operations shall be obeyed
every time they are engaged with organization business. Hence as such, the noncompliant to
all prescribed requirements will be prone to be misconducted by a worker, looking into an
angle of workers competency, organization OSH culture, available OSH hazards, and risks
appropriate control, site monitoring, and assurance programs, while also depending on
organization leadership commitment to safeguarding his OSH business by putting appropriate
resources and OSH good mindset as generative OSH culture to all employees, contractors,
visitors and also to those who deal with the organization business.

2.0 Analyzing Non-Compliant Issue In Malaysian Industries

According to prosecution cases reported where could be retrieved from the
Department of Safety and Health (DOSH) website (Official Website Department of
Occupational Safety and Health - Prosecution Case (dosh.gov.my), where data was tablelized
from the year 2012 to 2022, there are 172 cases was brought to the court out of 1,662 cases,
was due to breach of Standard Operating Procedures (SOP). This SOP noncompliant cases
number represented 10% of total cases being managed by DOSH prosecutor officers, which
is considered a high number of court cases too. All the SOP noncompliant cases were due to
failure to make sure so far as is practicable, to safeguard the safety and health related matters
at the worksite by absent or breaching the requirements stipulated in SOP during carried out
an organization site operational. From the total successful cases brought in court by DOSH,
this 10% of cases related to SOP alone was contributed to RM3.3 million fine being issued by
the court to the respective industries in Malaysia from the year 2012 to 2022, some amount
which enough to hire 200 semi-workers for one(1) year straight. Based on the report, the
organization who being fined was from sectors which involving agriculture, business
services, communication, construction, forestry, manufacturing, mining, quarry, restaurant,
storage, transportation, and utilities gas sectors, while cases were brought to a few courts
namely Malaysian Criminal Session Court, Magistrate Court, and Sessions Court.
Standard Operating Procedures (SOP) is a set of administrative control available in
hierarchy of control. According to Institutional Integrity and Risk Management University of
North Carolina website (https://ehs.unc.edu/about/), the SOP is defined as detailed written
procedures and instructions referring to hazards and risks control to organization dynamic
operational. By putting the dynamic operational for every organization, then it will be

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different SOP for the different entities, since the organization's SOP will be based on their
respective raised hazards and risks, considering the organization's past HSE accidents,
resources, size, profit, and reputation. For example, the requirement for a Permit to Work for
Oil and Gas would be different from the permit control requirement at the construction site.
The same goes for written instructions for controlling the dust in the cement industry when
comparing to the food industry. The weightage and magnitude of SOP would depend on the
organization's commitment which is derived from company occupational safety and health
overall goals. One who is committed and sincere to safeguarding their workplace safety will
portray the comprehensive SOP, according to their OSH program, and always opt for
continuous improvement by frequently evaluating their set of available SOP, to the latest
agreed control. There are a lot of SOP samples, which are not limited to written instructions
and procedures concerning Permit To Work, electrical safety procedure, ergonomics, safe of
chemical handling, noise prevention instruction, transport safety, emission control, confined
spaces procedure, excavation control, plant safety system bypass procedure, physical
isolation, process safety management, hazard and effect management process, incident and
accident investigation and reporting, and a lot more.
Even though the SOP and administrative control were at ranking 4th in the hierarchy
control, which was less effective once compared to elimination, substitution, and engineering
control, having administrative control elements will accommodate and connect each other
overall control over one(1) holistic hazard and risks control, where employer shall properly
design and embark at their accountable site. This is where administrative control is important
in a legal requirement, since then we see a huge number of non-compliance court cases as
reported by DOSH. This means that the DOSH officer has found a significant SOP gap that
could contribute to fatality, injury, or permanent or partial disability to the organization's
employees. The SOP gaps found are either not being followed, partially not followed, or even
incomprehensive at all to control available hazards and risks associated with organization
operational at the workplace.
According to a study conducted in Northwest Province, there are a few factors was
identified that have contributed to occupational safety and health non-compliance. These non-
compliance factors could be categorized by three main elements, which were SOP
comprehensiveness, current workplace situation, and employee competency. The study has
shown that incomprehensive SOP could contribute to fatality or injury. The incomprehensive
are inclusive procedures or instructions were not spelling out in details of controlling
workplace hazards, term and definition have changes where some important OSH control not
covered, a lot of procedures and instructions was outdated, which not represent the current
and latest work process arrangement and practices at site, as well as written instruction

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provided was too general. This incomprehensive SOP has led to misunderstanding and
misinterpreting, resulting in workers applying their own way of hazards and risks control.
Over time, earlier introduced SOP will be left abandoned and not being obeyed and follows at
all. The current dynamic workplace also will be contributing to SOP non-compliance,
especially in those plant or workplace which has been modified or renovated. For example,
the energy isolation could not be safely conducted due to unavailable or malfunction of the
valve as energy control equipment. While SOP mentions the specific piping line shall be
isolated first prior downstream job could be allowed to carry out but an absence of critical
safety equipment has hindered the safe working condition of that working unit. Another
simple example was the gas test meter was not available to gauge confined space equipment,
while it was the mandatory requirement under regulation and internal SOP to have a gas test
reading before pronounced confined spaces are safe to be handover for desired work activity.
This means the SOP shall always represent the current dynamic workplace conditions,
design, and setup. That is why frequent evaluation of existing SOP was important to make
sure all control is effective, efficient, and workable. Workers' capability and competency also
are important elements. This workforce shall have equipment with appropriate knowledge for
every work activity that could be contributing to their safety and health. Training, awareness,
toolbox talk, visual management signage and label, email, or even social media could be
utilized to properly transfer the important knowledge to employees to boost their capability
and competency to safely carry out their desired duties. Incapable and incompetent could
happen when a worker is still new in employment, cap in education background has health
cognitive issues, does not understand the host country's language, and is unmotivated. Non-
compliance to the SOP requirement could happen at any time if an organization has this
issue at its workplace. Unable to promptly spot these gaps could expose an organization to
high non-compliance behaviour risk (Seleka N P and Oladele, 2013).
Despite a set of control to overcome the Non-compliance to SOP which considers the
administration such as publishing and properly communicating the SOP to all employees or
people who are relevant to the organization's business, there are also Balance Of
Consequence (BOC) being equipped once non-compliance been captured. Examples of the
balance of consequence were the penalty which was imposed in the main Act through the
court case while compounding of offense being gazetted in the regulation. It is not only
Malaysian legal was mentioning the BOC impact, but the company also imposed the same
BOC concept on those who were found guilty of conducting non-compliant at working place.
Among others, BOC apply to non-compliance offender was ban from entering the premise,
freeze from plant entry for a certain period, salary or allowance deduction, bonus effect or
even termination of the service or contract re-evaluate. BOC aimed to provide stern

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experience to the offender, while also showing others not to do the same inappropriate
behavior.

3.0 50 Words Summarise The Noncompliant Issue Identified

Noncompliant to Standard Operating Procedure was represent 10% of court cases and
contributed total RM3.3 million fines starting in 2012, where root causes were SOP
incomprehensiveness, unsuitable SOP to workplace, and lack of competency, while Balance
Of Consequence imposed through Act and Regulations, and company internal penalty, as to
boost compliancy.

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4.0 Poster of Awareness On Related OSH Legal Requirements

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5.0 30 Words To Justification Of Choosing The OSH Legal Requirements
Employer shall provide an appropriate information as to ensure safety and health for
the employees, as to avoid conducting offence under OSHA 1994 : PART IV, Section 15:
General Duties of Employers.

6.0 Posting Materials In The Myinspire

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7.0 Constructive Feedback Given to Colleagues In The Myinspire

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REFERENCES

1- Non-compliance meaning. Retreaved From :

https://www.oxfordlearnersdictionaries.com/definition/english/non-
compliance#:~:text=noncompliance%20%28with%20something%29%20the%20fact
%20of%20failing%20or,regulations.%20opposite%20compliance%20Topics
%20Permission%20and%20obligation%20c2
2- ISO 45001:2018 (2018) International Standard for Occupational Health and Safety
Management System
3- ISO 14001:2015 (2015) International Standard for Environmental Management System
4- ISO 9001:2015 (2015) International Standard for Quality Management System.
5- International Labour Organization (ILO) (1996-2022). Retreaved from : International
Labour Standards on Occupational Safety and Health (ilo.org)
6- Legislation Or Acts (May, 2022). Retreaved from : Official Website Department of
Occupational Safety and Health - Acts (dosh.gov.my)
7- Prosecution Case (2022). Retreaved from : Official Website Department of Occupational
Safety and Health - Prosecution Case (dosh.gov.my)
8- SOP (2022). Retreaved from : https://ehs.unc.edu/about/
9- Seleka N P and Oladele (2013), Assessment of compliance of Employees and
Management to Occupational Health & Safety Act in the Department of Public Works,
Roads Transport in the North West Province

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PART 2 CONTENT

No. Description Page

1.0 Introduction OSH Legal Register 14

2.0 Organisational Profile 15
3.0 Organization Main Activities 15
4.0 List Of Legal Requirements Relevent To Oranization 18
5.0 Organization OSH Legal Register and Evaluation of Compliance 44

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1.0 Introduction OSH Legal Register
The requirements for having a Legal Register were stipulated in Malaysian Standard
MS ISO 18001:2018 for the OSH-related legal, as well as MS ISO 14001:2015 was
determined for Environment-related legal requirements. The objective of having this clause
under MS ISO was to allow the organization to properly determine the up-to-date legal
requirements where importantly applicable to organization OSH hazards and risks, determine
how relevant legal requirements are applied to the organization's OSH Management System,
as well as taking into account the legal requirement which relevant to an organization while
establishing organization OSH Management System, including OSH planning, implementing
OSH programs, assure OSH programs being check since to determine their effectiveness, and
organization management review for further continuous improvement.
Even though some companies were not subscribed to the MS ISO 18001:2018 or MS
ISO 14001:2015, the Malaysian Standard does provide what the appropriate and best OSH
and Environment Management System should look like. The company OSH Management
System should comprise Leadership and workers participation, planning of OSH master plan
or holistic programs, support element such as resources, competency, awareness, and
communication, Operational control, Performance evaluation process, as well as
Management Review for further continuous improvement.
In view of legal requirements applicability, the OSHA 1994, FMA 1967, and
Petroleum (Safety Measures) Act 1984 area coverage were according to those industries
listed under the Act, was responsible and accountable to comply with them accordingly,
regardless of those organizations who subscribed MS ISO or not. Hence the compliancy to a
legal requirement is a must, where once found non-compliance guilty shall be liable for a
penalty, jail, or both. The objective of imposing the legal requirements was to set up the OSH
standard, whereby all the required OSH matters derived from the Act shall be as guidelines
on managing OSH at the workplace. What to be done, and how to be done is spelling out in
the Act, Regulation, Order, Code of Practice, as well as Guideline’s clauses. Industries shall
identify which legal requirements stipulated apply to them so that they could smoothly
comply with every clause mentioned in the legal requirements. From the Evaluation of
Compliance (EOC) assessment of the legal requirements, the organization will identify what
legal gaps are being observed, and prior accommodate corrective and preventive action plans
to safeguard organization OSH interests.

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2.0 Organisational Profile
PETRONAS Gas Berhad (PGB) was established on May 1984 as a private company.
Since the implementation of the Peninsular Gas Utilization (PGU) project in 1984, PGB’s gas
processing operations are an integral component of this project. PGB is well knows as a
company that process, produced, and deliver gas to the customer. On March 1995, PGB was
listed in Bursa Saham Malaysia.
PETRONAS Gas Berhad (PGB) is an oil and gas company which mainly business is
gas processing, transmission, and utility activity. PGB have two(2) divisions which consist of
Gas Processing Unit (GPU) and Gas Trasminssion and Regasification (GTR). Gas Processing
Unit (GPU) have 5 operating units which are Gas Processing Kertih (GPK), Gas Processing
Santong (GPS), Utilities Kertih (UK), Utilities Gebeng (UG) and Export Terminal (ET).
Utilities Kertih (UK) was located at Km 105, Jalan Kuantan – Kuala Terengganu,
Kertih Terengganu. UK acreage is 50 hectares and the buildup area are 6740 m2 which
producing Industrial Gases such as Liquid Oxygen, Liquid Nitrogen and Liquid Argon.
Figure 1 is management organization chart for the management of UK.

Figure 1: UK Management Organizational Chart

3.0 Organization Main Activities

Utilities Kertih (UK) is the centralised utility provider for PETRONAS Gas Berhad
(PGB) customers at the Kertih Integrated Petrochemical Complex (KIPC). Utilities supplied
by UK include electricity, cooling water, steams, nitrogen, Oxygen, Argon and
Demineralized water and fire water. Besides power and steam, UK also supplies nitrogen,
oxygen, demineralized water, and cooling water directly to its customers’ plants in the
integrated petrochemical complexes (IPC). As a value-added service, UK also provides

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centralized waste management services to surrounding plants. UK also conducts its business
with non-IPC customers such as Tenaga Nasional Berhad on the export and import of
electricity. The following describes the main processes at UK:-
3.1 Air Separation Unit (ASU)
The ASU at UK produces nitrogen, oxygen & argon from atmospheric air
through cryogenic process. Air at its atmospheric pressure is compressed into required
pressure prior to going through a pre-purification unit. Dry air is then sent to the Main
Heat Exchanger where it is cooled against returning high and low pressure streams
before passing to the High Pressure (HP) Column. Product liquid nitrogen (LIN) is
taken from the top of the Low Pressure (LP) Column and then sent to storage. A
gaseous low pressure nitrogen stream is withdrawn near the top of the LP Column.
3.2 Demineralized (Demin) Water Plant
The Demin plant consists of a Demin Shelter which houses the multimedia
filters (MMF), main reverse osmosis (MRO) pre-filters, reverse osmosis (RO), bed
exchanger, carbon filter, and condensate polisher. The RO process requires feed water
low particulate matter. The feed water from the municipal water supply is subjected to
direct filtration in the pre-treatment system that consist of 12 multimedia filters in
parallel followed by 12 units of micron cartridge that serves as guard filter for the RO
system. Coagulant such as (Poly Aluminium Chloride) PAC dosed upstream of MMF
enhances particle removal by the granular filters. The RODI configuration consists of
12 RO trains in parallel. The product water from RO process is then sent to 12 mixed
bed exchanger for ion polishing. Returning steam condensate water is polished in the
condensate polishing plant.
Organic particles are removed from the return condensate stream, where each
condensate polisher is protected by an activated carbon filter (ACF) directly upstream
of the mixed bed ion exchange condensate polisher. Product water from the
condensate polisher then combines with the Demin water produced from the mixed
ion-exchange beds in Demin tanks. Regenerations of resins are undertaken using
sulphuric acid and sodium hydroxide, for both mixed beds and condensate polishers.
3.3 Cogeneration (COGEN) Plant
Steam and power are produced through cogeneration process. The gas turbines
are fired on natural gas and drive generator to produce electricity. The Head Recovery
Steam Generation (HRSG) (boiler) generates steam from the Gas Turbine Generators
exhaust gases. Supplementary firing with duct burners raises the steam temperature to

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meet the design conditions. Boiler feed water produced from demin water is used as
source of making steam.
The HP produced from HRSG (boiler) will be sent to the HP header for
distribution purposes to customer and internal users. Other than common types of HP
and LP steams, Intermediate Pressure (IP) steam is also produced by letting down the
HP steam by means of regulating the pressure and spray water.

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4.0 List of Legal Requirement Relevent To Organization
As a utilities player resite under Oil & Gas sector, Utilities Kertih (UK) was bound under industries listed in OSHA 1994, Section 1:
Short title and application, (2) shall apply throughout Malaysia to the industries specified in the First Schedule. Hence most of legal clauses
stipulated in the Act was applicable to Utilities Kertih (UK), as per below:-
NO Act/Regulation Requirements Element
OSHA 1994, Section 15 : General
(1) It shall be the duty of every employer and every self-employed
duties of employers and self-
1 person to ensure, so far as is practicable, the safety, health and Common
employed persons to their
welfare at work of all his employees.
employees.
Except in such cases as may be prescribed, it shall be the duty of
every employer and every self-employed person to prepare and as
often as may be appropriate revise a written statement of his general
OSHA 1994, Section 16 : Duty to
2 policy with respect to the safety and health at work of his employees Common
formulate safety and health policy.
and the organization and arrangements for the time being in force for
carrying out that policy, and to bring the statement and any revision
of it to the notice of all of his employees.
3 OSHA 1994, Section 17 : General (1) It shall be the duty of every employer and every self-employed Common
duties of employers and self- person to conduct his undertaking in such a manner as to ensure, so
employed persons to persons other far as is practicable, that he and other persons, not being his
than their employees. employees, who may be affected thereby are not thereby exposed to
risks to their safety or health.

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4 OSHA 1994, Section 24 : General
duties of employees at work.
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(2) It shall be the duty of every employer and every self-employed
person, in the prescribed circumstances and in the prescribed manner,
to give to persons, not being his employees, who may be affected by
the manner in which he conducts his undertaking, the prescribed
information on such aspects of the manner in which he conducts his
undertaking as might affect their safety or health.
(1) It shall be the duty of every employee while at work- Common
(a) to take reasonable care for the safety and health of himself and of
other persons who may be affected by his acts or omissions at work;
(b) to co-operate with his employer or any other person in the
discharge of any duty or requirement imposed on the employer or
that other person by this Act or any regulation made thereunder;
(c) to wear or use at all times any protective equipment or clothing
provided by the employer for the purpose of preventing risks to his
safety and health; and
(d) to comply with any instruction or measure on occupational safety
and health instituted by his employer or any other person by or under
this Act or any regulation made thereunder.
(2) A person who contravenes the provisions of this section shall be
guilty of an offence and shall, on conviction, be liable to a fine not
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5 OSHA 1994, Section 28 : Medical
surveillance.
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exceeding one thousand ringgit or to imprisonment for a term not
exceeding three months or to both.
(1) Where it appears to the Minister that in any of the industries or Health
class or description of industries -
(a) cases of illness have occurred which he has reason to believe may
be due to the nature of the process or other conditions of work;
(b) by reason of changes in any process or in the substances used in
any process or, by reason of the introduction of any new process or
new substance for use in a process, there may be risk of injury to the
health of persons employed in the process;
(c) persons below the age of sixteen years are or are about to be
employed in work which may cause risk of injury to their health; or
(d) there may be risk of injury to the health of persons employed in
any of the occupations specified in the Third Schedule, or from any
substance or material brought to the industries to be used or handled
therein or from any change in the conditions in the industries,
he may make regulations requiring such reasonable arrangements as
may be specified in the regulations to be made for the medical
surveillance and medical examination, not including medical
treatment of a preventive character, of the persons or any class of
persons employed in the industries or class or description of

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6 OSHA 1994, Section 29 : Safety
and health officer.
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industries.
(2) Regulations made under this section may require the medical
surveillance to be carried out by persons registered with the Director
General, and may prescribe the qualifications and other conditions
which are to be satisfied in order to be registered for the purpose of
this section.
(3) A person who contravenes the provisions of this section or any
regulation made thereunder shall be guilty of an offence and shall, on
conviction, be liable to a fine not exceeding five thousand ringgit or
to imprisonment for a term not exceeding six months or to both.
(1) This section shall apply to such class or description of industries Common
as the Minister may, by order published in the Gazette, specify.
(2) An occupier of a place of work to which this section applies shall
employ a competent person to act as a safety and health officer at the
place of work.
(3) The safety and health officer shall be employed exclusively for
the purpose of ensuring the due observance at the place of work of
the provisions of this Act and any regulation made thereunder and the
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7 OSHA 1994, Section 30 :
Establishment of safety and health
committee at place of work.
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promotion of a safe conduct of work at the place of work.
(4) The safety and health officer shall possess such qualifications or
have received such training as the Minister may, by notification in
the Gazette, from time to time prescribe.
(1) Every employer shall establish a safety and health committee at Common
the place of work in accordance with this section if-
(a) there are forty or more persons employed at the place of work; or
(b) the Director General directs the establishment of such a
committee at the place of work.
(2) The composition of a safety and health committee established
under subsection (1), the election or appointment of persons to the
committee, the powers of the members of the committee and any
other matter relating to the establishment or procedure of the
committee shall be as prescribed.
(3) Every employer shall consult the safety and health committee
with a view to the making and maintenance of arrangements which
will enable him and his employees to co-operate effectively in
promoting and developing measures to ensure the safety and health at
the place of work of the employees, and in checking the effectiveness
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OSHA 1994, Section 31 :
8 Functions of safety and health
committee
9 OSHA 1994, Section 32 :
Notification of accidents,
dangerous occurrence, occupational
Open
SMOL5203
of such measures.
(4) A person who contravenes the provisions of this section shall be
guilty of an offence and shall, on conviction, be liable to a fine not
exceeding five thousand ringgit or to imprisonment for a term not
exceeding six months or to both.
The safety and health committee established at a place of work
pursuant to section 30-
(a) shall keep under review the measures taken to ensure the safety
and health of persons at the place of work;
(b) shall investigate any matter at the place of work-
(i) which a member of the committee or a person employed thereat
considers is not safe or is a risk to health; and Common
(ii) which has been brought to the attention of the employer;
(c) shall attempt to resolve any matter referred to in paragraph (b)
and, if it is unable to do so,shall request the Director General to
undertake an inspection of the place of work for that
purpose; and
(d) shall have such other functions as may be prescribed.
(1) An employer shall notify the nearest occupational safety and Common
health office of any accident, dangerous occurrence, occupational
poisoning or occupational disease which has occurred or is likely to
24

poisoning and occupational
diseases, and inquiry.
10 Control of Industrial Major
Accident Hazards Regulations
1996. Part II
Identification And Notification
Of An Industrial Activity, Reg 7 :
Identification and notification
Open
SMOL5203
occur at the place of work.
(2) Every registered medical practitioner or medical officer attending
to, or called in to visit, a patient whom he believes to be suffering
from any of the diseases listed in the Third Schedule of the Factories
and Machinery Act 1967 [Act 139], or any disease named in any
regulation or order made by the Minister under this Act, or
occupational poisoning shall report the matter to the Director General
(1) Every manufacturer shall- Safety
(a) identify an industrial activity within his control; and
(b) submit to the Director General the Notification of Industrial
Activity Form (hereinafter referred to as the "Notification") specified
in Schedule 5-
(i) within three months after the commencement of these Regulations
in respect of an existing installation or an installation which is under
construction; or
(ii) in respect of a new installation after the commencement of these
Regulations, within a month before the construction thereof.
(2) Upon receiving the Notification, the Director General may
determine that the installation-
(a) is a major hazard installation even though the quantity of the
hazardous substance as listed in Part 1 of Schedule 2 or the
25

Control of Industrial Major
Accident Hazards Regulations
1996. Part II
11
Identification And Notification
Of An Industrial Activity, Reg 8 :
Notification of change.
12 Control of Industrial Major
Accident Hazards Regulations
1996. Part III: Demonstration Of
Safe Operation For Non-Major
Hazard Installation, Reg 10 :
Open
SMOL5203
substances and preparations falling within a category or categories
specified in Part 2 of Schedule 2 is or are less than the threshold
quantity if,
in his opinion, the installation may cause a major accident; or
(b) is not a major hazard installation even though the quantity of the
hazardous substance listed in Part 1 of Schedule 2 or the substances
and preparations falling within a category or categories specified in
Part 2 of Schedule 2 is or are equal to or exceed the threshold
quantity if, in his opinion, the installation is incapable of causing a
major accident.
The manufacturer shall immediately notify the Director General of
any change in any of the
particulars furnished in the Notification including an increase or a
reduction in the maximum Safety
quantity of any hazardous substance which is or is likely to be at the
site or in the pipeline, or the
cessation of an industrial activity, by resubmitting the Notification.
A manufacturer who has control of an industrial activity to which this Safety
Part applies shall, at any time, at the request of the Director General,
provide evidence including the production of documents to show that
he has-
26

Demonstration of safe operation.
13 Control of Industrial Major
Accident Hazards Regulations
1996. Part IV: Report On
Industrial Activity And
Preparation Of Emergency Plan
For Major Hazard Installation,
Reg 14 : Report on industrial
activity.
Open
SMOL5203
(a) identified the possible major accident hazards; and
(b) taken adequate steps to-
(i) prevent any major accident or minimize its consequences to
persons and the environment; and
(ii) provide persons working on the site with the information, training
and equipment necessary to ensure their safety; and
(c) prepared and kept up to date an adequate on-site emergency plan
detailing how major accidents will be dealt with.
(1) A manufacturer shall not undertake an industrial activity to which Safety
this Part applies unless he has consulted a Competent Person to
prepare a written report containing the information as specified in
Schedule 6, and has sent a copy of the report to the Director General
at least three months before commencing the activity or within such
shorter period as the Director General may consent in writing.
(2) Where a manufacturer-
(a) has commenced an industrial activity before the commencement
of these Regulations; or
(b) has commenced construction of an industrial installation for the
purpose of an industrial activity six months before the
commencement of these Regulations, it shall be a sufficient
compliance of subregulation (1) if the manufacturer sends to the
27

Control of Industrial Major
Accident Hazards Regulations
1996. Part IV: Report On
14 Industrial Activity And
Preparation Of Emergency Plan
For Major Hazard Installation,
Reg 16 : Updating of report.
15 Control of Industrial Major
Accident Hazards Regulations
1996. Part IV: Report On
Open
SMOL5203
Director
General a copy of the report within twelve months after the
commencement of these Regulations or within such longer period as
the Director General may consent in writing.
(3) Where an industrial activity has been determined as a major
hazard installation under paragraph 7(2)(a), the manufacturer shall
send a copy of the report to the Director General within twelve
months from the date of the determination or within such longer
period as the Director General may consent in writing.
Where a manufacturer has made a report in pursuance of
subregulation 14(1) or 15(1) and the industrial activity is continuing,
the manufacturer shall within three years from the date of the last
report consult a Competent Person to make a further report which
shall have regard in particular to new technical knowledge which
Safety
materially affects the particulars in the previous report relating
to safety and development in the knowledge of hazard assessment,
and shall within one month after the expiry of the three-year period
or within such longer period as the Director General may consent in
writing send a copy of the latest report to the Director General.
(1) A manufacturer who has control of an industrial activity to which Safety
this Part applies shall, after consulting a Competent Person, prepare
and keep an up-to-date and adequate on-site emergency plan detailing
28

Industrial Activity And
Preparation Of Emergency Plan
For Major Hazard Installation,
Reg 18 : On-site emergency plan.
Open
SMOL5203
how major accidents are to be dealt with on the site on which the
industrial activity is carried on, and the plan shall include the name of
the person who is responsible for safety on the site and the names of
those who are authorised to take action pursuant to the plan in the
event of an emergency.
(2) The manufacturer shall ensure that the on-site emergency plan
prepared in pursuance of subregulation (1) is constantly updated to
take into account any material change made in the industrial activity
and that every person on the site who is affected by the plan is
informed of its relevant provisions.
(3) The manufacturer shall prepare and submit the on-site emergency
plan to the Director General-
(a) at least three months before the commencement of the industrial
activity;
(b) in the case of an industrial activity which has commenced before
the commencement of these Regulations, within three months of the
commencement thereof or within such longer periods as the Director
General may consent in writing; or (c) in the case of an industrial
activity which has been determined as a major hazard installation by
the Director General under paragraph 7(2)(a), within three months
from the date of the determination or within such longer period as the
29

16 Control of Industrial Major
Accident Hazards Regulations
1996. Part IV: Report On
Industrial Activity And
Preparation Of Emergency Plan
For Major Hazard Installation,
Reg 22 : Information to the public.
Open
SMOL5203
Director General may consent in writing.
(1) It shall be the duty of a manufacturer who has control of an Safety
industrial activity to which this Part applies to ensure that persons
outside the site who are likely to be in an area which, in the
opinion of the Director General, is likely to be affected by a major
accident occurring at the site, are supplied in an appropriate manner
with at leas the information specified in Schedule 3 without
their having to request for it.
(2) Without prejudice to is duty under subregulation (1), the
manufacturer shall endeavour to enter into an agreement with the
local authority or port authority in whose area the industrial activity
is situated for the local authority or port authority to disseminate the
information specified in Schedule 3 to the persons concerned but the
manufacturer shall remain responsible for the accuracy, completeness
and form of the information supplied.
(3) The manufacturer shall ensure that the information supplied in
accordance with subregulation
(1) is updated and re-supplied at appropriate intervals.
(4) The manufacturer shall take all necessary steps to comply with
subregulations (1) and (2) before commencing the industrial activity
except that -
(a) in the case of an industrial activity which has already commenced
30

Factories and Machinery
(Fencing of Machinery and
17
Safety) Regulations, 1997, Reg 4 :
Fencing of machinery
18 Factories and Machinery
(Fencing of Machinery and
Open
SMOL5203
before the commencement of these Regulations, it shall be a
sufficient compliance if the manufacturer takes the necessary steps
within six months after the commencement of the Regulations; or
(b) in the case of an industrial activity which has been determined as
a major hazard installation by the Director General under paragraph
7(2)(a), it shall be a sufficient compliance if the manufacturer takes
the necessary steps within six months from the date of the
determination thereof.
(1) Every dangerous part of every driven machine, prime mover and
transmission machinery shall be securely fenced in accordance with
these Regulations: Provided that where the Chief Inspector is
satisfied that there is available and suitable for use in connection with
machinery any type or description of safety device, he may direct
such type or description of device shall be provided for use in
Safety
connection with such machinery.
(2) Where the Chief Inspector is satisfied that owing to special
circumstances the compliance with any of these Regulations is
unnecessary or impracticable he may by certificate in writing, which
he may in his discretion revoke, exempt the whole or any part of any
machinery from the provisions of such regulation.
(1) All fencing or other safeguards provided in pursuance of these Safety
Regulations shall be of sound construction and constantly maintained
31

Safety) Regulations, 1997, Reg 6 :
Construction and maintenance of
fencing
Factories and Machinery
(Fencing of Machinery and
19
Safety) Regulations, 1997, Reg 7 :
Opening in fence
Classification, Labelling and
Safety Data Sheet of Hazardous
20
Chemicals Regulations 2013, Reg
7 : Seal of packaging
21 Classification, Labelling and
Open
SMOL5203
and kept securely fastened in position at all times when the parts
required to be fenced or safeguarded are in motion or in use except
when any such parts are necessarily exposed in motion for
examination and for any lubrication or adjustment shown by such
examination to be immediately necessary and all such conditions as
may be specified in these Regulations are complied with.
(1) No opening in any fence shall be of such dimensions that any
person can touch the moving parts of the machinery enclosed by the
fence: Provided that guard-rails may be installed where the clearance Safety
between the nearest exposed moving part of the machinery and the
guard-rail exceeds twelve inches but does not exceed twenty inches.
(1) A supplier shall ensure that every packaging of a hazardous
chemical is initially closed with a seal in such a way that once the
packaging is opened, the seal is broken and cannot be repaired.
(2) A supplier who contravenes subregulation (1) commits an offence
Health
and shall, on conviction, be liable to a fine not exceeding ten
thousand ringgit or to imprisonment for a term not exceeding one
year or to both and, in the case of continuing offence, to a fine not
exceeding one thousand ringgit for every day or part of the day
during which the offence continues after conviction
(1) A supplier shall label every packaging of a hazardous chemical Health
32

Safety Data Sheet of Hazardous
Chemicals Regulations 2013, Reg
8 : Duty to label packaging of
hazardous chemical
Open
SMOL5203
legibly and indelibly containing the following information:
(a) the product identifier;
(b) the supplier identification;
(c) the signal word;
(d) the hazard statement;
(e) the hazard pictogram; and
(f) the precautionary statement.
(2) Notwithstanding subregulation (1), if the packaging of the
hazardous chemical is a container of 125 ml in size and below, the
packaging shall be labelled legibly and indelibly containing the
following information:
(a) the product identifier;
(b) the supplier identification;
(c) the signal word;
(d) the hazard pictogram, if applicable; and
(e) a statement which reads “read Safety Data Sheet before use”.
(3) The information referred to in subregulations (1) and (2) shall be
—
(a) in accordance with the hazard pictogram, signal word and hazard
statement as specified in the First Schedule;
(b) in accordance with the labeling requirements as specified in Part 3
33

22 Classification, Labelling and
Safety Data Sheet of Hazardous
Chemicals Regulations 2013, Reg
9 : Requirement for hazard
Open
SMOL5203
of the Industry Code of Practice; and
(c) in the national language and English language.
(4) If the signal word “Danger” is used on a label, the signal word
“Warning”
shall not be used on the label.
(5) If a hazardous chemical is classified within several hazard classes,
all hazard statements resulting from the classification shall be used
on the label unless there is evidence of duplication or redundancy.
(6) Notwithstanding subregulation (5), the combined hazard
statements as specified in the Third Schedule, where applicable, shall
be used on the label and not the corresponding individual hazard
statement as specified in the First Schedule.
(7) If there is any change to the classification of the hazardous
chemical resulting in a new hazard which is more severe than an
existing hazard, the supplier shall ensure that the label is updated
within three months from the date of such change taking into account
the effect of such change to the protection of human health and
environment.
(1) A hazard pictogram shall— Health
(a) consist of a black symbol on a white background and a red border
with sufficient width to be clearly visible;
34

pictogram
Classification, Labelling and
Safety Data Sheet of Hazardous
23
Chemicals Regulations 2013, Reg
11 : Dimension of label
Classification, Labelling and
Safety Data Sheet of Hazardous
24
Chemicals Regulations 2013, Reg
12 : Affixing and tagging of label
25 Classification, Labelling and
Open
SMOL5203
(b) be in a diamond shape with the sides tilted at forty-five degrees to
the horizontal; and
(c) be in the size of one fifteenth of the surface area of a label but not
less than 100 mm²
(1) The dimension of a label on every packaging of a hazardous
chemical under regulation 8 shall be as specified in the Fourth Health
Schedule.
(1) Subject to subregulations (2) and (3), if a packaging of a
hazardous chemical—
(a) is a container; or
(b) contains another container,
the label shall be firmly affixed to one or more surfaces of the
container so that the label can be read horizontally when the
container is set down in its normal position. Health
(2) If the packaging of a hazardous chemical is a container of 125 ml
in size and below, the label shall be affixed in such manner deemed
reasonable by the supplier.
(3) If it is not practicable to affix a label to a packaging of a
hazardous chemical due to the nature of the container, the packaging
shall be tagged with the label
(1) A supplier shall furnish a Safety Data Sheet to a chemical Health
35

Safety Data Sheet of Hazardous
Chemicals Regulations 2013, Reg
13 : Duty to furnish Safety Data
Shee
Open
SMOL5203
recipient for—
(a) each hazardous chemical supplied; and
(b) any chemical mixture containing hazardous substance at the
concentration exceeding the cut-off value of concentration for the
relevant hazard class as specified in the Fifth Schedule.
(2) A Safety Data Sheet shall contain the information relating to a
hazardous chemical supplied and chemical mixture referred to in
subregulation (1) according to the following headings and order:
(a) identification of the hazardous chemical and of the supplier;
(b) hazard identification;
(c) composition and information of the ingredients of the hazardous
chemical;
(d) first-aid measures;
(e) fire-fighting measures;
(f) accidental release measures;
(g) handling and storage;
(h) exposure controls and personal protection;
(i) physical and chemical properties;
(g) stability and reactivity;
(k) toxicological information;
(l) ecological information;
36
 SMOL5203
(m) disposal information;
(n) transportation information;
(o) regulatory information; and
(p) other information.
(3) The information referred to in subregulation (2) shall be—
(a) in accordance with the minimum requirement of a Safety Data
Sheet as specified in Part 3 of the Industry Code of Practice; and
(b) in the national language and English language.
(4) A supplier shall revise a Safety Data Sheet referred to in
subregulation
(1) if—
(a) new information on a particular hazardous chemical becomes
available;
(b) more than five years have elapsed since the last date of
preparation or revision of the Safety Data Sheet; or
(c) so directed by an officer.
(5) The supplier shall furnish the revised Safety Data Sheet under
subregulation (4) to the chemical recipient as soon as practicable
after such revision.
26 Noise Exposure Regulations 2019, (1) Where it appears to the employer, upon the identification Health
Reg 4 : Noise risk assessment made under subregulation 3(1), that any of his employees may be
exposed to excessive noise, the employer shall appoint a noise risk

Open

37
 SMOL5203
assessor to carry out noise risk assessment.
(2) The noise risk assessor appointed by the employer under sub
regulation (l) shall—
(a) be registered with the Director General in the manner as
determined by the Director General; and
(b) possess a valid certificate issued by the Director General to carry
out noise risk assessment.
(3) The noise risk assessor shall carry out the noise risk assessment
referred to in sub regulation (l) by using noise measuring equipment
which comply with the standard determined by the International
Electrotechnical Commission.
(4) Upon completion of the noise risk assessment referred to in sub
regulation (1), the noise risk assessor shall prepare a report and
submit the report to the employer within one month of the date of
completion of the assessment.
(5) The report referred to in subregulation (4) shall include the
findings of, and the recommendations made by, the noise risk
assessor in respect of the noise risk assessment which has been
carried out.
(6) Upon receipt of the report under subregulation (4), the employer
shall notify the employee who is exposed to excessive noise the
findings and recommendations made under subregulation (5) within

Open

38

27 Noise Exposure Regulation 2019,
Reg 5 : Information, instruction,
training and supervision
Open
SMOL5203
fourteen days after receiving the report from the noise risk assessor.
(7) Where the report prepared under subregulation (4) consists of
recommendations for any action to be taken pursuant to these
Regulations, the employer shall carry out such recommendations
within thirty days after receiving the report from the noise risk
assessor.
(8) The employer shall cause the noise risk assessment referred to in
subregulation (1) to be reviewed—
(a) not more than five years from the date of the previous noise risk
assessment; or
(b) if directed to do so by the Director General.
(1) Where it appears to an employer that any of his employees is Health
exposed to an excessive noise based on the report referred to in
subregulation 4(4), the employer shall—
(a) provide adequate information relating to the effects of noise
exposure on the hearing of a person and the requirement to undergo
an audiometric testing to such employees;
(b) give training and instruction on the proper usage of a personal
hearing protector to such employees; and
(c) supervise the implementation of noise exposure control at the
place of work.
39

28 Noise Exposure Regulation 2019,
Reg 6 : Noise exposure limit
SMOL5203
(2) An employer shall provide training for the employee referred to in
sub regulation (1) at least once a year.
(1) Every employer shall ensure that none of his employee is exposed Health
to—
(a) the daily noise exposure level exceeding 85dB(A) or daily
personal noise dose exceeding hundred per cent;
(b) the maximum sound pressure level exceeding 115dB(A) at any
time; or
(c) the peak sound pressure level exceeding 140dB(C).
(2) Where it appears to an employer that any of his employees is
exposed to an excessive noise exceeding the limit specified in sub
regulation (l) based on the report referred to in sub regulation 4(4),
the employer shall take such measures to reduce the excessive noise.
(3) The employer shall, before taking the measures under sub
regulation (2), make an assessment whether it is practicable to reduce
such excessive noise by way of engineering control or administrative
control.
(4) If upon the completion of the assessment made under sub
regulation (3) the employer found that—
(a) it is practicable to reduce such excessive noise by engineering
control, the employer shall reduce the excessive noise by such

Open

40

29 Noise Exposure Regulation 2019,
Reg 7 : Personal hearing protector
SMOL5203
engineering control ;
(b) it is not practicable to reduce such excessive noise by engineering
control solely, the employer shall reduce the excessive noise by
engineering control together with administrative control;
(c) it is not practicable to reduce such excessive noise by engineering
control together with administrative control, the employer shall
reduce the excessive noise by administrative control solely; and
(d) it is not practicable to reduce such excessive noise by
administrative control, the employer shall take other effective
measures, which shall include personal hearing protector, to reduce
such excessive noise.
(5) The employer shall make a report on the assessment, and shall,
upon request in writing from the Director General, give the Director
General a copy of that report within thirty days after the request is
received.
(6) Where the employer reduces such excessive noise by engineering
control specified in paragraphs (4)(a) and (b), the employer shall
ensure that such engineering control is maintained in an efficient
state and good working order.
(1) Where an employer provides a personal hearing protector to an Health
employee to reduce excessive noise, the employer shall ensure that

Open

41

Noise Exposure Regulation 2019,
30
Reg 8 : Hearing protection zone
SMOL5203
the personal hearing protector—
(a) is suitable and efficient;
(b) is properly inspected, maintained and made available at all time;
(c) will reasonably attenuate the employee's personal noise exposure
below the limit specified in paragraph 6(l)(a), (b) or (c) when the
personal hearing protector is worn properly; and
(d) is approved by the Director General.
(1) An employer shall ensure that any area at the place of work where
a person is exposed to excessive noise exceeding the limit specified
in paragraph 6(1)(a), (b) or (c)—
(a) is marked with the words "HEARING PROTECTION ZONE" or
in such other manner as determined by the Director General; and
(b) so far as practicable, is demarcated and identified by an
appropriate warning sign. Health
(2) An employer shall—
(a) provide a personal hearing protector in any hearing protection
zone; and
(b) ensure that any employee or other person uses the personal
hearing protector provided under paragraph (a) while in the hearing
protection zone.

Open

42
 SMOL5203

5.0 Organization OSH Legal Register and Evaluation Of Compliance

Utilities Kertih (UK) Legal Register and Evaluation Of Compliaance
Accessed By : Ikhwan Irwadi B Tau Pek Date : 01/01/2022
Resoining : Annual review Revision No : 20
NO Act/Regulation Requirements Compliancy Evidence

Open

43

OSHA 1994, Section 15 :
General duties of employers
and self-employed persons to
1 employed person to ensure, so far as is practicable, the
their employees.
OSHA 1994, Section 16 :
2 Duty to formulate safety and
health policy.
3 OSHA 1994, Section 17 :
General duties of employers
and self-employed persons to manner as to ensure, so far as is practicable, that he and
persons other than their
employees.
Open
SMOL5203
1) Zero accident recorded
2021
(1) It shall be the duty of every employer and every self-
2) Company HSE
Complied
Management System well
safety, health and welfare at work of all his employees.
implemented and
evaluated
Except in such cases as may be prescribed, it shall be the 1) Latest Utilities Kertih
duty of every employer and every self-employed person (UK) OSH Policy sining
to prepare and as often as may be appropriate revise a off by MD CEO on 2021,
written statement of his general policy with respect to the due to changed of Top
safety and health at work of his employees and the Management.
Complied
organization and arrangements for the time being in force 2) Policy being displayed and
for carrying out that policy, and to bring the statement communicated through
and any revision of it to the notice of all of his Information Board,
employees. company website, safety
briefing etc.
(1) It shall be the duty of every employer and every self- Complied 1) Company HSE
employed person to conduct his undertaking in such a Management System
implementation
other persons, not being his employees, who may be 2) Company assurance
affected thereby are not thereby exposed to risks to their
44

4 OSHA 1994, Section 24 :
General duties of employees
at work.
Open
SMOL5203
safety or health.
(2) It shall be the duty of every employer and every self-
employed person, in the prescribed circumstances and in system implementation.
the prescribed manner, to give to persons, not being his 3) No official grievance
employees, who may be affected by the manner in which report received
he conducts his undertaking, the prescribed information
on such aspects of the manner in which he conducts his
undertaking as might affect their safety or health.
(1) It shall be the duty of every employee while at work- Complied 1) PTW compliancy audit
(a) to take reasonable care for the safety and health of report
himself and of other persons who may be affected by his 2) PPE compliancy audit
acts or omissions at work; report
(b) to co-operate with his employer or any other person 3) Survey and interview
in the discharge of any duty or requirement imposed on workers during
the employer or that other person by this Act or any engagement.
regulation made thereunder;
(c) to wear or use at all times any protective equipment
or clothing provided by the employer for the purpose of
preventing risks to his safety and health; and
(d) to comply with any instruction or measure on
occupational safety and health instituted by his employer
45

5 OSHA 1994, Section 28 :
Medical surveillance.
Open
SMOL5203
or any other person by or under this Act or any regulation
made thereunder.
(1) Where it appears to the Minister that in any of the Complied 1) Chemical Health Risk
industries or class or description of industries - Assessment (CHRA)
(a) cases of illness have occurred which he has reason to Report submitted to
believe may be due to the nature of the process or other DOSH, latest report on
conditions of work; 2020.
(b) by reason of changes in any process or in the
substances used in any process or, by reason of the
introduction of any new process or new substance for use
in a process, there may be risk of injury to the health of
persons employed in the process;
(c) persons below the age of sixteen years are or are
about to be employed in work which may cause risk of
injury to their health; or
(d) there may be risk of injury to the health of persons
employed in any of the occupations specified in the Third
Schedule, or from any substance or material brought to
the industries to be used or handled therein or from any
change in the conditions in the industries,
he may make regulations requiring such reasonable
arrangements as may be specified in the regulations to be
46

6 OSHA 1994, Section 29 :
Safety and health officer.
Open
SMOL5203
made for the medical surveillance and medical
examination, not including medical treatment of a
preventive character, of the persons or any class of
persons employed in the industries or class or description
of industries.
(2) Regulations made under this section may require the
medical surveillance to be carried out by persons
registered with the Director General, and may prescribe
the qualifications and other conditions which are to be
satisfied in order to be registered for the purpose of this
section.
(1) This section shall apply to such class or description of Complied 1) Appointed SHO for
industries as the Minister may, by order published in the Utilities Kertih (UK)
Gazette, specify. – Ikhwan Irwadi B
Tau Pek
(2) An occupier of a place of work to which this section 2) SHO report submitted
applies shall employ a competent person to act as a safety to DOSH
and health officer at the place of work. 3) SHO CEP point
(3) The safety and health officer shall be employed
exclusively for the purpose of ensuring the due
47

7 OSHA 1994, Section 30 :
Establishment of safety and
health committee at place of
work.
Open
SMOL5203
observance at the place of work of the provisions of this
Act and any regulation made thereunder and the
promotion of a safe conduct of work at the place of work.
(4) The safety and health officer shall possess such
qualifications or have received such training as the
Minister may, by notification in the Gazette, from time to
time prescribe.
(1) Every employer shall establish a safety and health Complied 1) Utilities Kertih (UK)
committee at the place of work in accordance with this HSE Committee
section if- approved organization
(a) there are forty or more persons employed at the place chart
of work; or 2) UK HSE Committee
(b) the Director General directs the establishment of such appointment letter
a committee at the place of work. 3) UK HSE Committee
Minutes of Meeting
(2) The composition of a safety and health committee 4) Plant inspection report
established under subsection (1), the election or
appointment of persons to the committee, the powers of
the members of the committee and any other matter
relating to the establishment or procedure of the
48
 SMOL5203
committee shall be as prescribed.

(3) Every employer shall consult the safety and health

committee with a view to the making and maintenance of
arrangements which will enable him and his employees
to co-operate effectively in promoting and developing
measures to ensure the safety and health at the place of
work of the employees, and in checking the effectiveness
of such measures.
8 OSHA 1994, Section 31 : The safety and health committee established at a place of Complied 1) HSE Committee
Functions of safety and work pursuant to section 30- Minutes of Meeting
health committee (a) shall keep under review the measures taken to ensure 2) HSE Committee
the safety and health of persons at the place of work; members OSH
(b) shall investigate any matter at the place of work- training
(i) which a member of the committee or a person
employed thereat considers is not safe or is a risk to
health; and
(ii) which has been brought to the attention of the
employer;
(c) shall attempt to resolve any matter referred to in
paragraph (b) and, if it is unable to do so,shall request the
Director General to undertake an inspection of the place

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OSHA 1994, Section 32 :
Notification of accidents,
dangerous occurrence,
9 Complied
occupational poisoning and
occupational diseases, and
inquiry.
10 Control of Industrial
Major Accident Hazards
Regulations 1996. Part II
Identification And
Notification Of An
Industrial Activity, Reg 7 :
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SMOL5203
of work for that purpose; and
(d) shall have such other functions as may be prescribed.
(1) An employer shall notify the nearest occupational
safety and health office of any accident, dangerous
occurrence, occupational poisoning or occupational
disease which has occurred or is likely to occur at the
place of work.
1) COVID19 internal
(2) Every registered medical practitioner or medical
plant spreading cases
officer attending to, or called in to visit, a patient whom
reported to DOSH
he believes to be suffering from any of the diseases listed
in the Third Schedule of the Factories and Machinery Act
1967 [Act 139], or any disease named in any regulation
or order made by the Minister under this Act, or
occupational poisoning shall report the matter to the
Director General
(1) Every manufacturer shall- Complied CIMAH Report submitted to
(a) identify an industrial activity within his control; and DOSH, latest report was on
(b) submit to the Director General the Notification of 2020.
Industrial Activity Form (hereinafter referred to as the
"Notification") specified in Schedule 5-
(i) within three months after the commencement of these
50
 SMOL5203
Regulations in respect of an existing installation or an
installation which is under construction; or
(ii) in respect of a new installation after the
commencement of these Regulations, within a month
before the construction thereof.
(2) Upon receiving the Notification, the Director General
may determine that the installation-
(a) is a major hazard installation even though the quantity
of the hazardous substance as listed in Part 1 of Schedule
2 or the substances and preparations falling within a
Identification and
category or categories specified in Part 2 of Schedule 2 is
notification
or are less than the threshold quantity if,
in his opinion, the installation may cause a major
accident; or
(b) is not a major hazard installation even though the
quantity of the hazardous substance listed in Part 1 of
Schedule 2 or the substances and preparations falling
within a category or categories specified in Part 2 of
Schedule 2 is or are equal to or exceed the threshold
quantity if, in his opinion, the installation is incapable of
causing a major accident.
11 Control of Industrial The manufacturer shall immediately notify the Director Complied CIMAH Report submitted to

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51

Major Accident Hazards
Regulations 1996. Part II
Identification And
Notification Of An
Industrial Activity, Reg 8 :
Notification of change.
Control of Industrial
Major Accident Hazards
Regulations 1996. Part III:
Demonstration Of Safe
12
Operation For Non-Major
Hazard Installation, Reg 10 (ii) provide persons working on the site with the
: Demonstration of safe
operation.
13 Control of Industrial
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General of any change in any of the
particulars furnished in the Notification including an
increase or a reduction in the maximum
DOSH, latest report was on
quantity of any hazardous substance which is or is likely
2020.
to be at the site or in the pipeline, or the
cessation of an industrial activity, by resubmitting the
Notification.
A manufacturer who has control of an industrial activity
to which this Part applies shall, at any time, at the request
of the Director General, provide evidence including the
production of documents to show that he has-
(a) identified the possible major accident hazards; and
(b) taken adequate steps to-
CIMAH Report submitted to
(i) prevent any major accident or minimize its
Complied DOSH, latest report was on
consequences to persons and the environment; and
2020.
information, training and equipment necessary to ensure
their safety; and
(c) prepared and kept up to date an adequate on-site
emergency plan detailing how major accidents will be
dealt with.
(1) A manufacturer shall not undertake an industrial Complied CIMAH Report submitted to
52

Major Accident Hazards
Regulations 1996. Part IV:
Report On Industrial
Activity And Preparation
Of Emergency Plan For
Major Hazard Installation,
Reg 14 : Report on industrial consent in writing.
activity.
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SMOL5203
activity to which this Part applies unless he has consulted DOSH, latest report was on
a Competent Person to prepare a written report 2020.
containing the information as specified in Schedule 6,
and has sent a copy of the report to the Director General
at least three months before commencing the activity or
within such shorter period as the Director General may
(2) Where a manufacturer-
(a) has commenced an industrial activity before the
commencement of these Regulations; or
(b) has commenced construction of an industrial
installation for the purpose of an industrial activity six
months before the commencement of these Regulations,
it shall be a sufficient compliance of subregulation (1) if
the manufacturer sends to the Director
General a copy of the report within twelve months after
the commencement of these Regulations or within such
longer period as the Director General may consent in
writing.
(3) Where an industrial activity has been determined as a
major hazard installation under paragraph 7(2)(a), the
manufacturer shall send a copy of the report to the
53

Control of Industrial
Major Accident Hazards
Regulations 1996. Part IV:
Report On Industrial
14
Activity And Preparation
Of Emergency Plan For
Major Hazard Installation,
Reg 16 : Updating of report.
15 Control of Industrial
Major Accident Hazards
Regulations 1996. Part IV:
Report On Industrial
Activity And Preparation
Of Emergency Plan For
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Director General within twelve months from the date of
the determination or within such longer period as the
Director General may consent in writing.
Where a manufacturer has made a report in pursuance of
subregulation 14(1) or 15(1) and the industrial activity is
continuing, the manufacturer shall within three years
from the date of the last
report consult a Competent Person to make a further
report which shall have regard in particular to new CIMAH Report submitted to
technical knowledge which materially affects the Complied DOSH, latest report was on
particulars in the previous report relating 2020.
to safety and development in the knowledge of hazard
assessment, and shall within one month after the expiry
of the three-year period or within such longer period as
the Director General may consent in writing send a copy
of the latest report to the Director General.
(1) A manufacturer who has control of an industrial Complied CIMAH Report submitted to
activity to which this Part applies shall, after consulting a DOSH, latest report was on
Competent Person, prepare and keep an up-to-date and 2020.
adequate on-site emergency plan detailing how major
accidents are to be dealt with on the site on which the
industrial activity is carried on, and the plan shall include
54
 SMOL5203
Major Hazard Installation, the name of the person who is responsible for safety on
Reg 18 : On-site emergency the site and the names of those who are authorised to take
plan. action pursuant to the plan in the event of an emergency.
(2) The manufacturer shall ensure that the on-site
emergency plan prepared in pursuance of subregulation
(1) is constantly updated to take into account any
material change made in the industrial activity and that
every person on the site who is affected by the plan is
informed of its relevant provisions.
(3) The manufacturer shall prepare and submit the on-site
emergency plan to the Director General-
(a) at least three months before the commencement of the
industrial activity;
(b) in the case of an industrial activity which has
commenced before the commencement of these
Regulations, within three months of the commencement
thereof or within such longer periods as the Director
General may consent in writing; or (c) in the case of an
industrial activity which has been determined as a major
hazard installation by the Director General under
paragraph 7(2)(a), within three months from the date of
the determination or within such longer period as the

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16 Control of Industrial
Major Accident Hazards
Regulations 1996. Part IV:
Report On Industrial
Activity And Preparation
Of Emergency Plan For
Major Hazard Installation,
Reg 22 : Information to the
public.
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Director General may consent in writing.
(1) It shall be the duty of a manufacturer who has control Complied CIMAH Day event involving
of an industrial activity to which this Part applies to nearby community was
ensure that persons outside the site who are likely to be conducted on 2020.
in an area which, in the
opinion of the Director General, is likely to be affected
by a major accident occurring at the site, are supplied in
an appropriate manner with at leas the information
specified in Schedule 3 without
their having to request for it.
(2) Without prejudice to is duty under subregulation (1),
the manufacturer shall endeavour to enter into an
agreement with the local authority or port authority in
whose area the industrial activity is situated for the local
authority or port authority to disseminate the information
specified in Schedule 3 to the persons concerned but the
manufacturer shall remain responsible for the accuracy,
completeness and form of the information supplied.
(3) The manufacturer shall ensure that the information
supplied in accordance with subregulation
(1) is updated and re-supplied at appropriate intervals.
(4) The manufacturer shall take all necessary steps to
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comply with subregulations (1) and (2) before
commencing the industrial activity except that -
(a) in the case of an industrial activity which has already
commenced before the commencement of these
Regulations, it shall be a sufficient compliance if the
manufacturer takes the necessary steps within six months
after the commencement of the Regulations; or
(b) in the case of an industrial activity which has been
determined as a major hazard installation by the Director
General under paragraph 7(2)(a), it shall be a sufficient
compliance if the manufacturer takes the necessary steps
within six months from the date of the determination
thereof.
17 Factories and Machinery (1) Every dangerous part of every driven machine, prime Complied 1) Plant machinery fencing
(Fencing of Machinery and mover and transmission machinery shall be securely design
Safety) Regulations, 1997, fenced in accordance with these Regulations: Provided 2) Annual DOSH Inspection
Reg 4 : Fencing of that where the Chief Inspector is satisfied that there is visit log book
machinery available and suitable for use in connection with
machinery any type or description of safety device, he
may direct such type or description of device shall be
provided for use in connection with such machinery.

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(2) Where the Chief Inspector is satisfied that owing to
special circumstances the compliance with any of these
Regulations is unnecessary or impracticable he may by
certificate in writing, which he may in his discretion
revoke, exempt the whole or any part of any machinery
from the provisions of such regulation.
(2) All fencing or other safeguards provided in
pursuance of these Regulations shall be of sound
construction and constantly maintained and kept securely
Factories and Machinery
fastened in position at all times when the parts required to
(Fencing of Machinery and 1) Annual DOSH Inspection
be fenced or safeguarded are in motion or in use except
18 Safety) Regulations, 1997, Complied visit log book
when any such parts are necessarily exposed in motion
Reg 6 : Construction and 2) Civil maintenance report
for examination and for any lubrication or adjustment
maintenance of fencing
shown by such examination to be immediately necessary
and all such conditions as may be specified in these
Regulations are complied with.
19 Factories and Machinery (2) No opening in any fence shall be of such Complied 1) Annual DOSH Inspection
(Fencing of Machinery and dimensions that any person can touch the moving parts of visit log book
Safety) Regulations, 1997, the machinery enclosed by the fence: Provided that 2) Civil maintenance report
Reg 7 : Opening in fence guard-rails may be installed where the clearance between
the nearest exposed moving part of the machinery and the
guard-rail exceeds twelve inches but does not exceed

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twenty inches.
Classification, Labelling
(2) A supplier shall ensure that every packaging of a 1) Annual DOSH Inspection
and Safety Data Sheet of
hazardous chemical is initially closed with a seal in such visit log book
20 Hazardous Chemicals Complied
a way that once the packaging is opened, the seal is 2) Chemical audit report
Regulations 2013, Reg 7 :
broken and cannot be repaired.
Seal of packaging
21 Classification, Labelling (1) A supplier shall label every packaging of a hazardous Complied 1) Annual DOSH Inspection
and Safety Data Sheet of chemical legibly and indelibly containing the following visit log book
Hazardous Chemicals information: 2) Chemical audit report
Regulations 2013, Reg 8 : (a) the product identifier; 3) eCHEMS, company
Duty to label packaging of (b) the supplier identification; electronic system database
hazardous chemical (c) the signal word; comprises of SDS, label,
(d) the hazard statement; CHRA related to plant
(e) the hazard pictogram; and
(f) the precautionary statement.
(2) Notwithstanding subregulation (1), if the packaging
of the hazardous chemical is a container of 125 ml in size
and below, the packaging shall be labelled legibly and
indelibly containing the following information:
(a) the product identifier;
(b) the supplier identification;

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(c) the signal word;
(d) the hazard pictogram, if applicable; and
(e) a statement which reads “read Safety Data Sheet
before use”.
(3) The information referred to in subregulations (1) and
(2) shall be—
(a) in accordance with the hazard pictogram, signal word
and hazard
statement as specified in the First Schedule;
(b) in accordance with the labeling requirements as
specified in Part 3
of the Industry Code of Practice; and
(c) in the national language and English language.
(4) If the signal word “Danger” is used on a label, the
signal word “Warning”
shall not be used on the label.
(5) If a hazardous chemical is classified within several
hazard classes, all hazard statements resulting from the
classification shall be used on the label unless there is
evidence of duplication or redundancy.
(6) Notwithstanding subregulation (5), the combined
hazard statements as specified in the Third Schedule,

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where applicable, shall be used on the label and not the
corresponding individual hazard statement as specified in
the First Schedule.
(7) If there is any change to the classification of the
hazardous chemical resulting in a new hazard which is
more severe than an existing hazard, the supplier shall
ensure that the label is updated within three months from
the date of such change taking into account the effect of
such change to the protection of human health and
environment.
(1) A hazard pictogram shall—
1) Annual DOSH Inspection
(a) consist of a black symbol on a white background and
visit log book
Classification, Labelling a red border
2) Chemical compliancy
and Safety Data Sheet of with sufficient width to be clearly visible;
audit report
Hazardous Chemicals (b) be in a diamond shape with the sides tilted at forty-
22 Complied 3) eCHEMS, company
Regulations 2013, Reg 9 : five degrees to
electronic system database
Requirement for hazard the horizontal; and
comprises of SDS, label,
pictogram (c) be in the size of one fifteenth of the surface area of a
CHRA related to plant
label but not
less than 100 mm²
23 Classification, Labelling (1) The dimension of a label on every packaging of a Complied 1) Annual DOSH Inspection
and Safety Data Sheet of hazardous chemical under regulation 8 shall be as

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Hazardous Chemicals
Regulations 2013, Reg 11 :
Dimension of label
24 Classification, Labelling
and Safety Data Sheet of
Hazardous Chemicals
Regulations 2013, Reg 12 :
Affixing and tagging of label
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visit log book
2) Chemical compliancy
audit report
3) eCHEMS, company
specified in the Fourth Schedule.
electronic system database
comprises of SDS, label,
CHRA related to plant
(1) Subject to subregulations (2) and (3), if a packaging Complied 1) Annual DOSH Inspection
of a hazardous chemical— visit log book
(a) is a container; or 2) Chemical compliancy
(b) contains another container, audit report
the label shall be firmly affixed to one or more surfaces 3) eCHEMS, company
of the container so that the label can be read horizontally electronic system database
when the container is set down in its normal position. comprises of SDS, label,
(2) If the packaging of a hazardous chemical is a CHRA related to plant
container of 125 ml in size and below, the label shall be
affixed in such manner deemed reasonable by the
supplier.
(3) If it is not practicable to affix a label to a packaging
of a hazardous chemical due to the nature of the
62

25 Classification, Labelling
and Safety Data Sheet of
Hazardous Chemicals
Regulations 2013, Reg 13 :
Duty to furnish Safety Data
Shee
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container, the packaging shall be tagged with the label
(1) A supplier shall furnish a Safety Data Sheet to a Complied 1) Annual DOSH Inspection
chemical recipient for— visit log book
(a) each hazardous chemical supplied; and 2) Chemical compliancy
(b) any chemical mixture containing hazardous substance audit report
at the concentration exceeding the cut-off value of 3) eCHEMS, company
concentration for the relevant hazard class as specified in electronic system database
the Fifth Schedule. comprises of SDS, label,
(2) A Safety Data Sheet shall contain the information CHRA related to plant
relating to a hazardous chemical supplied and chemical
mixture referred to in subregulation (1) according to the
following headings and order:
(a) identification of the hazardous chemical and of the
supplier;
(b) hazard identification;
(c) composition and information of the ingredients of the
hazardous
chemical;
(d) first-aid measures;
(e) fire-fighting measures;
(f) accidental release measures;
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(g) handling and storage;
(h) exposure controls and personal protection;
(i) physical and chemical properties;
(g) stability and reactivity;
(k) toxicological information;
(l) ecological information;
(m) disposal information;
(n) transportation information;
(o) regulatory information; and
(p) other information.
(3) The information referred to in subregulation (2) shall
be—
(a) in accordance with the minimum requirement of a
Safety Data Sheet as specified in Part 3 of the Industry
Code of Practice; and
(b) in the national language and English language.
(4) A supplier shall revise a Safety Data Sheet referred to
in subregulation
(1) if—
(a) new information on a particular hazardous chemical
becomes

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available;
(b) more than five years have elapsed since the last date
of preparation or revision of the Safety Data Sheet; or
(c) so directed by an officer.
(5) The supplier shall furnish the revised Safety Data
Sheet under subregulation (4) to the chemical recipient as
soon as practicable after such revision.
26 Noise Exposure (2) Where it appears to the employer, upon the Complied 1) Noise Risk Assessment
Regulations 2019, Reg 4 : identification made under subregulation 3(1), that any of Report submitted to
Noise risk assessment his employees may be exposed to excessive noise, the DOSH, report latest 2020
employer shall appoint a noise risk assessor to carry out
noise risk assessment.
(2) The noise risk assessor appointed by the employer
under sub regulation (l) shall—
(a) be registered with the Director General in the manner
as determined by the Director General; and
(b) possess a valid certificate issued by the Director
General to carry out noise risk assessment.
(3) The noise risk assessor shall carry out the noise risk
assessment referred to in sub regulation (l) by using noise
measuring equipment which comply with the standard
determined by the International Electrotechnical

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Commission.
(4) Upon completion of the noise risk assessment
referred to in sub regulation (1), the noise risk assessor
shall prepare a report and submit the report to the
employer within one month of the date of completion of
the assessment.
(5) The report referred to in subregulation (4) shall
include the findings of, and the recommendations made
by, the noise risk assessor in respect of the noise risk
assessment which has been carried out.
(6) Upon receipt of the report under subregulation (4),
the employer shall notify the employee who is exposed to
excessive noise the findings and recommendations made
under subregulation (5) within fourteen days after
receiving the report from the noise risk assessor.
(7) Where the report prepared under subregulation (4)
consists of recommendations for any action to be taken
pursuant to these Regulations, the employer shall carry
out such recommendations within thirty days after
receiving the report from the noise risk assessor.
(8) The employer shall cause the noise risk assessment

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referred to in subregulation (1) to be reviewed—
(a) not more than five years from the date of the previous
noise risk assessment; or
(b) if directed to do so by the Director General.
(1) Where it appears to an employer that any of his
employees is exposed to an excessive noise based on the
report referred to in subregulation 4(4), the employer
1) Noise Risk Assessment
shall—
2020 report summary
(a) provide adequate information relating to the effects of
communicated to all staff
Noise Exposure Regulation noise exposure on the hearing of a person and the
2) Tracking of staff who
2019, Reg 5 : Information, requirement to undergo an audiometric testing to such
27 Complied require for Audiometric
instruction, training and employees;
Testing
supervision (b) give training and instruction on the proper usage of a
3) PPE training registered in
personal hearing protector to such employees; and
HSE Mandatory Training
(c) supervise the implementation of noise exposure
Matrix
control at the place of work.
(2) An employer shall provide training for the employee
referred to in sub regulation (1) at least once a year.
28 Noise Exposure Regulation (1) Every employer shall ensure that none of his Complied 1) Rotating equipment
2019, Reg 6 : Noise employee is exposed to— reliability report
exposure limit (a) the daily noise exposure level exceeding 85dB(A) or 2) Noise Tier-1 Audit report
daily personal noise dose exceeding hundred per cent;

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(b) the maximum sound pressure level exceeding 3) Plant noise signage
115dB(A) at any time; or 4) Plant noise boundary
(c) the peak sound pressure level exceeding 140dB(C). marking
(2) Where it appears to an employer that any of his 5) Plant ventting line
employees is exposed to an excessive noise exceeding einspection report
the limit specified in sub regulation (l) based on the
report referred to in sub regulation 4(4), the employer
shall take such measures to reduce the excessive noise.
(3) The employer shall, before taking the measures under
sub regulation (2), make an assessment whether it is
practicable to reduce such excessive noise by way of
engineering control or administrative control.
(4) If upon the completion of the assessment made under
sub regulation (3) the employer found that—
(a) it is practicable to reduce such excessive noise by
engineering control, the employer shall reduce the
excessive noise by such engineering control ;
(b) it is not practicable to reduce such excessive noise by
engineering control solely, the employer shall reduce the
excessive noise by engineering control together with
administrative control;
(c) it is not practicable to reduce such excessive noise by

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engineering control together with administrative control,
the employer shall reduce the excessive noise by
administrative control solely; and
(d) it is not practicable to reduce such excessive noise by
administrative control, the employer shall take other
effective measures, which shall include personal hearing
protector, to reduce such excessive noise.
(5) The employer shall make a report on the assessment,
and shall, upon request in writing from the Director
General, give the Director General a copy of that report
within thirty days after the request is received.
(6) Where the employer reduces such excessive noise by
engineering control specified in paragraphs (4)(a) and
(b), the employer shall ensure that such engineering
control is maintained in an efficient state and good
working order.
29 Noise Exposure Regulation (1) Where an employer provides a personal hearing Complied 1) PPE issuence log book
2019, Reg 7 : Personal protector to an employee to reduce excessive noise, the 2) PPE purchase order
hearing protector employer shall ensure that the personal hearing protector 3) Company noise exposure
— procedure
(a) is suitable and efficient;
(b) is properly inspected, maintained and made available

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at all time;
(c) will reasonably attenuate the employee's personal
noise exposure below the limit specified in paragraph 6(l)
(a), (b) or (c) when the personal hearing protector is worn
properly; and
(d) is approved by the Director General.
(1) An employer shall ensure that any area at the place of
work where a person is exposed to excessive noise
exceeding the limit specified in paragraph 6(1)(a), (b) or
(c)—
(a) is marked with the words "HEARING PROTECTION 1) DOSH Annual Inspection
ZONE" or in such other manner as determined by the visit log book
Noise Exposure Regulation Director General; and 2) Noise Tier-1 Audit report
30 2019, Reg 8 : Hearing (b) so far as practicable, is demarcated and identified by Complied 3) Plant noise signage
protection zone an appropriate warning sign. 4) Plant noise boundary
(2) An employer shall— marking
(a) provide a personal hearing protector in any hearing
protection zone; and
(b) ensure that any employee or other person uses the
personal hearing protector provided under paragraph (a)
while in the hearing protection zone.

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No. Description Page

1.0 Introduction 75
2.0 Leadership and Worker Participation 76
3.0 Relationship Between PDCA And Worker 77
3.1 Planning Stage
3.2 Implementation Stage
3.3 Evaluation Stage
3.4 Action for Improvement
4.0 Conclusion 79

80
References

PART 3 CONTENT

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1.0 Introduction

Principle Employer, according to OSHA 1994 was defined as the owner of the
company who has a worker who has entered a contract between them. An employer is a
person who is responsible for the payment of salary of a worker, a person who as occupier of
working place,
or the person who bounded into legal company representative (OSHA 1994, interpretation).
This definition gives an important to note that under OSHA 1994, where an employer shall be
accountable as well as responsible for their all-employees safety, health, and welfare. Suite
with the definition given, the employer is accountable and responsible also being stipulated
under the same Act Section 15, where employer duties are to provide a safe system of work,
properly manage the safe operation, handling, storage, and transport of plant substances,
provide adequate information, instruction, training, and administration on OSH programs,
and adequate workplace facilities for workers' welfare (OSHA 1994, Section 15). While at
the employees’ side in another hand, OSHA 1994, Section 24 did mention the collaboration
concept needed by an emphasis on workers' responsibility to take practical care for their
safety
and health and of other persons who may be impacted by his acts as well, cooperative with an
employer in implementing OSH program, always wear PPE provided by employer, and
always comply with any OSH instructions given (OSHA 1994, Section 24).
Looking at the Malaysian OSH legal setup, both employer and employees play an
important role together, without separating each other, since both parties' collaboration and
networking would be a fundamental concept in making sure the safety and health of all
workers are properly safeguarded. An employer who creates OSH hazards and risks, derived
from their business interest, should be a person responsible to supply the workplace with a
proper OSH Management System, wisely implementing the system, evaluating the system to
determine the compliance and sustainability, planning for OSH system improvement, as well
as provide the appropriate resources. All this process should be collaborating with their
employees since employees’ feedback is crucial to determine whether the existing OSH
Management System is practicable with the current organization scenario such as workers'
population, capability, competency, and resources (Oktaria, et , 2021).

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2.0 Leadership and Worker Participation

Consultation and participation of workers while developing and evaluating the
company's OSH Management System is a must since workers are the ones who will be
implementing such OSH procedures and instructions made by an employer. Worker’s OSH
feedback is important that organization should consider as well, to make sure OSH programs
introduced is practical to be implemented in working place (OSH WIKI, 2020).
Through Malaysian Standard ISO 18001:2018, top management shall demonstrate
leadership and commitment to provide a effective OSH Management System. This
commitment is including taking overall responsibility and accountability for the prevention of
work-related injury or illness, ensuring that OSH policy is established and compatible with
the company's strategic business direction, ensuring integration of OSH Management System
requirements into the organization’s business processes, ensuring that the resources needed
are available, directing and supporting persons to contribute to the effectiveness of the OSH
Management System, promoting OSH Management System continual improvement,
developing, leading and promoting an OSH culture in the organization, and supporting the
establishment and functioning of Safety & Health Committee (Elsler, et (2012). Again, the
leaders' roles in making sure OSH Management System are well implemented, are
connnecting in collaboration with their workers.
According to MS ISO 18001:2018, an employer shall create, implement, and sustain a
process of consultation and participation among their workers, while evolving, planning,
implementing, evaluating, and improvement action of the company OSH Management
System. While doing this, an employer shall provide work process, time, training, and
necessary resources for workers' consultation and participation process, provide relevant
OSH information such as accident details or approved budgets. In connection with workers'
consultation and participation, elements of working together should be translated during
establishing the OSH policy, assigning workers roles, tasks, and empowerment authorities,
determining how to fulfill legal register, determining OSH risks controls and control
measures, determining what needs to be monitored on OSH performance, determining an
assurance program, as well as consultation for OSH continual improvement program.
Workers' participation is also required during identifying hazards and assessing risks,
determining control measures to eliminate hazards or reduce the risks, determining

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competency requirements, training needs, and training evaluation, and determining what
needs to be communicated, and the method of communication (Khairiah Soehod, 2008).

3.0 Relationship Between PDCA And Worker

It is important to know the relationship between Plan, Do, Check and Action (PDCA)
and a worker. Akcnowledge their relationship will help employer to motivate all workers into
active participation in setting up an effective company OSH Management System.

3.1 Planning Stage

A good OSH program would derive from comprehensive planning in the early
stage. This planning was including develop, reviewing, and maintaining OSH policy,
clearly defined OSH roles, responsibilities, and authorities throughout the company
organization-chart, developing the Hazards Identification, Risk Assessment, and Risk
Control (HIRARC) including reviewing and maintaining the due process, determine
legal and other requirements, setting-up OSH Objectives which determine OSH result
to be achieved. It was important to rope in workers as well during exercising the OSH
Planning session since employees' expertise, knowledge and experience was the
precious input in making sure OSH planning was comprehensive and achiveable
manner. The worker who will then implement the desired OSH planning, is a person
who could give appropriate feedback, according to current worksite conditions,
culture, resources available, and workforce readiness to implement the desired OSH
planning. For example, during the HIRARC development and review session,
experienced downline workers will more recognize the hazards raise at a site once
compared to line managers. Despite that, workers' opinion on Risk Rating is more
accurate, while appropriate Risk Control measures would be more practical to be
implemented according to their abilities, capability, and worksite latest conditions.
While employer would facilitate them in terms of resources such as budget approval,
manpower re-arrangement, procedure or instruction needed for the Risk Control is
implemented As Low As Reasonably Practicable (ALARP) (Johnny Dyreborg, et
2022).
3.2 Implementation Stage
In this stage, all the desired OSH programs will be executed according to the
plan. Again, workers' active participation would determine success in implementing
the OSH Planning. Workers' active participation in giving input is also crucial to

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gauge the OSH Planning effectiveness. A person who implements them will have
sincere feedback on whether OSH Planning is achievable or requires adjustment or
replan, after considering the new hazards raised, current worksite conditions, new
cultural development, capability improvement, or organizational changes effect. How
workers respond to all OSH programs would also determine the compliancy
achievement to company OSH legal and other requirements, which could lead to zero
accidents. While in the implementation stage, an employer should maintain their good
support in terms of resource needs, introduce new technology which would eliminate
or reduce the OSH risk level, as well as motivate workers to perform better (Donato
Masi, et 2019)
3.3 Evaluation Stage
During the evaluation stage, the company shall determine whether legal and
other requirements have been complied with, HIRARC is effective, and organization
operational control is adequate. This requires proper monitoring methods,
measurement, analysis, and intact performance evaluation. The tools normally utilized
to evaluate the OSH program's effectiveness would be through audit program, site
inspection, and Evaluation of Compliance exercise. An internal auditor would be the
best group of people to conduct an audit. They will be professional in conducting site
assessments since they are known better about what went wrong at the workplace.
Identified gaps should be wisely entertained by an employer, to show togetherness in
providing an appropriate mitigation plan for gaps closure, while the end in mind is to
avoid OSH non-compliance to requirements (A D LaMontagne, et 2004).
3.4 Action for Improvement Stage
The company should continually improve the OSH suitability, adequacy, and
effectiveness. This could be achieved through Management System Review, incident
investigation, and corrective, and preventive action processes. Workers' active
participation is also crucial in this stage. For example, during the Management System
Review, workers' feedback on Evaluation of Compliance, site observation, and site
assessment will be an input to the management to determine the OSH Management
System's effectiveness, reliability, and achievable. Any OSH Management System
calibration should be based on this input given. The same goes for the incident
investigation process. A respected employer will allow an investigation is carried out
comprehensively without bias to determine the actual root cause, before setting up an
appropriate recommendation control measure. Workers' active participation is merely

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helping in determining OSH compliance to requirement are always secure (A. H.
Suhaila, et 2021).

4.0 Conclusion
Workers' active participation in OSH organizing, planning, implementation,
evaluation, and action for improvement is important in making sure OSH Management
System is being designed, reviewed, and maintained in a good manner. One cannot deny that
workers are the best asset, where their input and feedback are precious, humble, and sincere
as they are the ones who deal with worksite OSH hazards and risks day in and out, and they
have a better feel of how hazards and risks could be further eliminate, reduce, and control.
(1,518 words)

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REFERENCES

1. Occupational Safety & Health Act (OSHA) 1994,

2. OSH WIKI, (2020), Retreaved from
https://oshwiki.eu/wiki/Commitment_and_leadership_as_key_occupational_health_and_s
afety_principles
3. MS ISO 18001:2018, Leadership and worker participation
4. Elsler, Dietmar & Flintrop, J. & Kaluza, S. & Hauke, A. & Starren, Annick & Drupsteen,
Linda & Bell, N. (2012). Leadership and occupational safety and health (OSH): an expert
analysis. 10.2802/15578.
5. Khairiah Soehod, (2008). Workers’ participation in safety and health at work
6. Oktaria, Yolanda & Lestantyo, Daru & Denny, Hanifa. (2021). Relationship of Workers'
OSH Knowledge and Attitude to Work Accidents in 31 Rice Grinding Industry in Kaway
XVI District, Aceh Barat Regency. J-Kesmas: Jurnal Fakultas Kesehatan Masyarakat
(The Indonesian Journal of Public Health). 8. 7. 10.35308/j-kesmas.v8i2.3570.
7. Johnny Dyreborg, et (2022), Safety interventions for the prevention of accidents at work:
A systematic review.
8. Donato Masi, et (2019), Design of OSH interventions: A model to improve their actual
implementation.
9. A D LaMontagne, et (2004), Assessing and intervening on OSH programmes:
effectiveness evaluation of the Wellworks-2 intervention in 15 manufacturing worksites.
10. A. H. Suhaila, et (2021), The occupational safety and health (OSH) scorecard for
Malaysian industries

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