You are on page 1of 53

BKC3533

OSH IN CHEMICAL
INDUSTRIES
Chapter 2
LAWS &
REGULATIONS
Sem21415

Dr. Ghazi Faisal


Najmuldeen FKKSA

Dr. Ghazi Faisal


Najmuldeen FKKSA

HOW and WHY it happened ?

Dr. Ghazi Faisal


Najmuldeen FKKSA

Dr. Ghazi Faisal


Najmuldeen FKKSA

Topic Outline

Dr. Ghazi Faisal


Najmuldeen FKKSA

At the end of this topic, it is expected that


students will be able to:

Discuss important contents in FMA 1967 (OSH-related)

Discuss important contents in OSHA 1994

Comprehend OSHA 1994, FMA 1967, and other relevant


codes of practices and guidelines
Comprehend safety and health management system as
guided by ILO (International Labor Organization)

Explain the role and function of Occupational Safety and


Health Management System (ILO-OSH)
Discuss codes of practice and guidelines related to
safety and health matter
Dr. Ghazi Faisal
Najmuldeen FKKSA

Introduction - History
The history and development of DOSH (Department of Occupational
Safety & health ) in Malaysia could be described under the following eras:
pre 1914- era of boiler safety (steam boiler at tin mine in Larut, Perak.

Appointment of Englishman, William Given as inspector of machine in


1878)
1914~1952- era of machinery safety (Machinery Enactment, 1913)
1952~1970- era of industrial safety (Factories and Machinery Act,
1967)
1970~1994- era of industrial safety and hygiene (establishment of
NIOSH, Dec. 1992)
post 1994- era of occupational safety and health (OSHA was passed
by parliament in 1993 and gazetted in 24 February 1994)
Dr. Ghazi Faisal
Najmuldeen FKKSA

Laws & Regulations


FMA 1967
Petroleum (Safety Measures) Act 1984
OSHA 1994
Codes of Practice and Guidelines

Dr. Ghazi Faisal


Najmuldeen FKKSA

FMA

Dr. Ghazi Faisal


Najmuldeen FKKSA

FMA

Dr. Ghazi Faisal


Najmuldeen FKKSA

10

Dr. Ghazi Faisal


Najmuldeen FKKSA

11

FMA

Dr. Ghazi Faisal


Najmuldeen FKKSA

12

FMA 1967 (Act 139)


Regulation and Rules
FM (Steam Boiler and Unfired Pressure Vessel) Regulation 1970
FM (Electric Passenger and Good Lift) Regulation 1970
FM (Fencing of Machinery and Safety) Regulation 1970
FM (Person In Charge) Regulation 1970
FM (Safety Health and Welfare) 1970
FM(Administration) Regulation 1970
FM(Certificates of Competency Examination) Regulation 1970
FM(Notification Certificate of Fitness and Inspection) Regulation 1970
FM(Compoundable Offences) Regulation 1978
Dr. Ghazi Faisal
Najmuldeen FKKSA

13

FMA 1967 (Act 139)


Regulation and Rules
FM(Lead) Regulation 1984
FM (Asbestos Process) Regulation 198
FM (Building Operation & Works of Engineering Construction( (Safety)
Regulation 1986
FM (Noise Exposure) Regulation 1989
FM (Mineral Dust) Regulation 1989

Dr. Ghazi Faisal


Najmuldeen FKKSA

14

OSHA

Dr. Ghazi Faisal


Najmuldeen FKKSA

15

Introduction History (Cont.)

The OSHA defines general duties of

1-employers,

2-manufacturers,
3-employees,

4-the self-employed,

5-designers,

6-formulators,

7-importers and

Dr. Ghazi Faisal


Najmuldeen FKKSA

8-suppliers.

16

Introduction History (Cont.)

The Acts also provides for the


1-appointment of enforcement officers;
2-establishment of a National Council for Occupational
Safety and Health;
3- the formulation of organizations policy and arrangement to
secure the safety, health and welfare of people at work and
protect other people against risks posed by work activities.
Dr. Ghazi Faisal
Najmuldeen FKKSA

17

OSHA 1994 (Act 514)


Application of the law
Manufacturing
Mining and quarrying
Construction
Agriculture, forestry and fishing
Utilities (electricity, gas, water and sanitary services)
Transport, storage and communication, wholesales and retail trades
Hotels and restaurants
Finance, insurances, real estate and business services
Public services and statutory authorities

BUT, not applicable to;


work on board ships (governed by the Merchant Shipping Ordinance
1952 and The Merchant Shipping Ordinance 1960 of Sabah & Sarawak.)
Armed forces
Dr. Ghazi Faisal
Najmuldeen FKKSA

18

Dr. Ghazi Faisal


Najmuldeen FKKSA

19

Dr. Ghazi Faisal


Najmuldeen FKKSA

20

OSHA 1994
PART I - PRELIMINARY
Arrangement
of Parts I XV & Sections
Section 1.
Short title and application.
Section 2.
Prevailing laws.
Section 3.
Interpretation.
Section 4.
Objects of the Act.
PART II - APPOINTMENT OF OFFICERS
Section 5.
Appointment of Officers.
Section 6.
Appointment of independent inspecting body
Section 7.
Certificate of authorization
PART III - NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND
HEALTH
Section 8.
Establishment of the Council.
Section 9.
Membership of the Council.
Section 10.
Second Schedule to apply.
Section 11.
Powers and functions of the Council.
Section 12.
Appointment of secretary to the Council.
Section 13.
Committees.
Section 14.
Annual report.
PART IV - GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED
PERSONS
Section 15.
General duties of employers and self-employed
persons to their employees.
Section 16.
Duty to formulate safety and health policy.
Section 17.
General duties of employers and self-employed
persons to persons other
than their employees.
Section 18.
Duties of an occupier of a place of work to persons
other than his employees.
Dr.an
Ghazi
Faisal
21
Section 19.
Penalty for
offence
under section 15. 16. 17 or 18
Najmuldeen FKKSA

PART V - GENERAL
DUTIES OF DESIGNERS,
MANUFACTURERS
Arrangement
of Parts (OSHA
1994) AND
SUPPLIERS

Section 20.
General duties of manufacturers, etc. as regards plant for
use at work.
Section 21.
General duties of manufacturers, etc. as regards
substances for use at work.
Section 22.
Explanations to sections 20 and 21.
Section 23.
Penalty for an offence under section 20 or 21.

PART VI - GENERAL DUTIES OF EMPLOYEES

Section 24.
General duties of employees at work.
Section 25.
Duty not to interfere with or misuse things provided
pursuant to certain provisions.
Section 26.
Duty not to charge employees for things done or
provided .
Section 27.
Discrimination against employee, etc.

PART VII - SAFETY AND HEALTH ORGANIZATIONS

Section 28.
Medical surveillance.
Section 29.
Safety and health officer
Section 30.
Establishment of safety and health committee at place of
work.
Section 31.
Functions of safety and health committee.

Dr. Ghazi Faisal


22
Najmuldeen FKKSA

Arrangement of Parts (OSHA 1994)


PART VIII - NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE,
OCCUPATIONAL POISONING AND OCCUPATIONAL DISEASES, AND
INQUIRY

Section 32.
Notification of accidents, dangerous occurrence,
occupational poisoning and
occupational diseases, and inquiry.
Section 33.
Director General may direct inquiry to be held.
Section 34.
Power of occupational safety and health officer at inquiry.

PART IX - PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE

Section 35.
Power to prohibit the use of plant or substance
Section 36.
Aggrieved person may appeal

PART X - INDUSTRY CODES OF PRACTICE

Section 37.
Approval of industry codes of practice.
Section 38.
Use of industry codes of practice in proceedings.

Dr. Ghazi Faisal


Najmuldeen FKKSA

23

Arrangement of Parts (OSHA 1994)


PART XI - ENFORCEMENT AND INVESTIGATION

Section 39.
Powers of entry, inspection, examination, seizure, etc.
Section 40.
Entry into premises with search warrant and power of seizure.
Section 41.
Entry into premises without search warrant and power of seizure.
Section 42.
Power of forceful entry and service on occupier of signed copy of list of
things seized from premises.
Section 43.
Further provisions in relation to inspection.
Section 44.
Power of investigation.
Section 45.
Power to examine witnesses.
Section 46.
Employer, etc., to assist officer.
Section 47.
Offenses in relation to inspection.
Section 48.
Improvement notice and prohibition notice.
Section 49.
Penalty for failure to comply with notice.
Section 50.
Aggrieved person may appeal.

Dr. Ghazi Faisal


Najmuldeen FKKSA

24

Arrangement of Parts (OSHA 1994)

PART XII - LIABILITY FOR OFFENSES

Section 51.
General penalty.
Section 52.
Offenses committed by body
corporate.
Section 53.
Offenses committed by trade
union.
Section 54.
Offenses committed by agent.
Section 55.
Defense.
Section 56.
Body corporate or trade union
liable to fine.
Section 57.
Aiding and abetting.
Section 58.
Safeguards against further
Section
personal liability.
Section 59.
Civil liability not affected by
Parts IV, V and VI.
Section 60.
Onus of proving limits of what
is practicable.
Section 61.
Prosecutions.
Section 62.
Compounding of offenses.

PART XIII - APPEALS

Section 63.
Appeal committees.
Section 64.
Powers of appeal committee.
Section 65.
Decision of appeal committee.

Dr. Ghazi Faisal


Najmuldeen FKKSA

25

Arrangement of Parts (OSHA 1994)


PART XIV REGULATIONS

Section 66.
Regulations.

PART XV MISCELLANEOUS

Section 67. Duty to


keep
secret.

SCHEDULES

Dr. Ghazi Faisal


Najmuldeen FKKSA

26

OSHA 1994 (Act 514)


Regulation and Orders
OSH (Employers
Regulations 1995

Safety

and

Health

General

Policy

Statement(Exception)

OSH (Control of Industrial Major Accident Hazard) Regulations 1996


OSH (Safety and Health Committee) Regulation 1997
OSH (Classification, Packaging and Labeling of Hazardous Chemicals) Regulations
1997
OSH (Safety and Health Officer) Regulation 1997
OSH (Use and Standard of Exposure of Chemical Hazardous to Health) Regulations
2000
OSH (Safety and Health Officer ) Order 1997
OSH (Prohibition of Use of Substance) Order 1999
OSH (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and
Occupational Disease) Regulation 2004.
Dr. Ghazi Faisal
Najmuldeen FKKSA

27

Code of Practice
Code of Practice on Prevention and Management of HIV/Aids At The
Workplace (2001)
Code of Practice for Safe Working in A Confined Space (2001)

Guidelines
Guidelines For Public Safety and Health At Construction Sites
Guidelines On First-Aid In The Workplace (1996)
Guidelines On Occupational Safety and Health In The Office (1996)
Guidelines For The Formulation Of A Chemical Safety Data Sheet (1997)
Guidelines For Labelling Of Hazardous Chemicals (1997)

Dr. Ghazi Faisal


Najmuldeen FKKSA

28

Department of Occupational Safety and Health (DOSH)

DOSH is a governmental department under the Ministry of Human


Resources Malaysia.

Responsible for ensuring :


1- The safety of persons at work
2- Health and welfare of persons at work
3- Protections of other people from hazards to safety and health
arising from activities of persons at working in various
economic sectors .
Dr. Ghazi Faisal
Najmuldeen FKKSA

29

Department of Occupational Safety and Health (DOSH)


Vision

To be a dynamic organization that leads the nation in creating a safe and healthy
work culture towards enhancing the quality of working life
Objectives

1. To formulate and review policies, legislations, codes of practice and guidelines


pertaining to occupational safety, health and welfare as a basis in ensuring safety
and health at work
2. To ensure through enforcement and promotional works that employers, selfemployed persons, designers, manufacturers, suppliers, importers and
employees always practice safe and health work culture, and always comply
with existing legislation, codes of practice and guidelines.
3. To assist and provide expert services in promotional, training, information
dissemination and research activities organized by government and nongovernmental agencies, institutions of higher learning, association of employers,
workers and professionals in efforts to further upgrade the standard of
occupational safety, health and welfare.
Dr. Ghazi Faisal
Najmuldeen FKKSA

30

Economic sectors, that are covered by DOSH


1-Manufacturing
2-Mining and quarrying
3-Construction
4-Hotels and restaurants
5-Agriculture, forestry and fishing
6-Transport, storage and communication
7-Public services and statutory authorities
8-Utilities-electricity, gas, water and sanitary
9-Trades finance, insurance, real estate and business services
10-Wholesale and retail trades
Dr. Ghazi Faisal
Najmuldeen FKKSA

31

PART IV Section 15 : DUTIES OF


EMPLOYERS & SELF EMPLOYED PERSONS
TO THEIR EMPLOYEES
1- Safe plant and systems of work
2- Safe use, storage and handling of plant and substances.
3- Information, instruction, training and supervision.
4- Safe place of work.
5- Safe access and egress (outlet).
6- Written general OSH policy.
7- Not to charge employees for things done or provided.
8- Employer to report accidents, dangerous occurrences,
occupational poisonings or diseases to DOSH.
PENALTY
RM 50,000 or 2 years jail or both.

Ghazi Faisal
Najmuldeen

32

PART V Section 20 : DUTIES OF DESIGNERS,


MANUFACTURERS, IMPORTERS AND SUPPLIERS OF
PLANT
1- Ensure plant is designed and constructed to be safe when
properly used.
2- Test and examine plant before it is used.
3- Provide information for safe use.
4- Designers and manufacturers of plant must ensure research
and minimize risks.
5- Persons who erect or install plant to ensure it can be used
safely.
PENALTY
RM 20,000 or 2 years jail
or both.
Ghazi Faisal
Najmuldeen

33

PART VI Section 24: DUTIES OF EMPLOYEES AT


WORK
1- Reasonable care of self and others.
2- Cooperate to help others discharge their duties.
3- Use protective equipment or clothing provided.
4- Comply with instructions or measures made in
accordance with OSH legislation.
5- Not to interfere or misuse things done in accordance with
OSH legislation.

PENALTY
RM 1,000 or 3 months jail
or both.
Ghazi Faisal
Najmuldeen

34

PART VII (28): MEDICAL SURVEILLANCE


Medical surveillance and examination, not including
medical treatment of preventive in character, for employees
to be conducted by the employer.

PART VII (29): SAFETY & HEALTH


OFFICERS

Occupiers in specified industries to employ competent


SHO at place of work.
PART VII(30): SAFETY AND HEALTH
COMMITTEES

Compulsory for employees of 40 or more

Ghazi Faisal
Najmuldeen

35

PART VIII Section 32 : NOTIFICATION OF


ACCIDENTS,
DANGEROUS OCCURRENCES, OCCUPATIONAL
POISONING, DISEASES AND INJURY
Employer shall notify the nearest DOSH office of any
1- Accident,
2- Dangerous occurrence,
3- Occupational poisoning
4- Occupational disease which has occurred or likely to
occur at the place of work.

Ghazi Faisal
Najmuldeen

36
10

Dr. Ghazi Faisal


Najmuldeen FKKSA

37

Dr. Ghazi Faisal


Najmuldeen FKKSA

38

Guidelines on Occupational Safety and Health Mgt. System


ILO-OSH 2001 [1- OBJECTIVES ]
1.1. These guidelines should contribute to the protection of workers from
hazards and to the elimination of work-related injuries, ill health, diseases,
incidents and deaths.

1.2. At national level, the guidelines should:


1-be used to establish a national framework for OSH management
system. (supported by national laws & regulations)
2-provides guidelines for the development of voluntary arrangement to
strengthen compliance with regulations and standards.
3-Provide guidance on the development of both national and tailored
guidelines on OSH management systems to respond appropriately to
the real needs of organization, according to their size and nature of their
activities.
Dr. Ghazi Faisal
Najmuldeen FKKSA

39

Guidelines on Occupational Safety and Health Mgt. System


ILO-OSH 2001 [OBJECTIVES ]

1.3. At the level of the organization, the guidelines


are intended to:
1-Provide guidance regarding the integration management system
elements in the organization as a components of policy and
management arrangements.
2-Motivate all members of the organization, particularly employers,
owners, managerial staffs, workers and their representatives, in
applying appropriate OSH management principles and methods to
continually improve OSH performance.
Dr. Ghazi Faisal
Najmuldeen FKKSA

40

Guidelines on Occupational Safety and Health Mgt. System


ILO-OSH 2001
2- A national framework for occupational safety
and health management systems

2.1. National policy


A competent institution should formulate, implement and periodically review

a coherent national policy for the establishment and promotion of OSH


management systems in organizations
This should be done in consultation with the most representative
organizations of employers and worker, and with other bodies as appropriate.

Dr. Ghazi Faisal


Najmuldeen FKKSA

41

Guidelines on Occupational Safety and Health Mgt. System


ILO-OSH 2001
A national framework for occupational safety
and health management systems
The national policy on OSH management system should
establish general principles and procedure to:
1- promote the implementation and integration of OSH mgt. system as
part of the overall management of an organization
2- Facilitate and improve voluntary arrangement for the systematic
identification, planning, implementation and improvement of OSH
activities at national and organization levels
3- Promote the participation of workers and their representative at
organization level.
Dr. Ghazi Faisal
Najmuldeen FKKSA

42

(cont - The national policy on OSH management system should establish general principles and procedure to:

4- Implement continual improvement while avoiding unnecessary bureaucracy,


administration and costs.
5Promote collaborative and support arrangement for OSH management
systems at the organization level by labors inspectorates, occupational safety and
health services and other services, and channel their activities into a consistent
framework for OSH management
6- Evaluate the effectiveness of the national policy and framework at
appropriate
intervals
7- Evaluate and publicize the effectiveness of OSH management systems and
practice by suitable means
8- Ensure that the same level of safety and health requirement applies to
contractors and their workers as to the workers, including temporary
workers, employed directly by
organization.
Dr.the
Ghazi
Faisal
Najmuldeen FKKSA

43

Cont.

2.1.3. With a view to ensuring the coherence of the national


policy and of arrangements for its implementation, the
competent institution should establish a national framework
for OSH management systems to :

1- Identify and establish the respective functions and responsibilities


of the various institutions called upon to implement the national
policy, and make appropriate arrangements to ensure the necessary
coordination between them;

2- Publish and periodically review national guidelines on the voluntary


application and systematic implementation of OSH management
systems in organizations;

Dr. Ghazi Faisal


Najmuldeen FKKSA

44

Cont
3- Establish criteria, as appropriate, for the designation and
respective duties of the institutions responsible for the
preparation and promotion of tailored guidelines on OSH
management systems; and
4- Ensure that guidance is available to employers, workers
and their representatives to take advantage of the national
policy

Dr. Ghazi Faisal


Najmuldeen FKKSA

45

2.1.4. The competent institution should make arrangements and provide


technically sound guidance to labour inspectorates, OSH services and other
public or private services, agencies and institutions dealing with OSH,
including health-care providers, to encourage and help organizations to
implement OSH management systems.

2.2. National guidelines

2.2.1. National guidelines on the voluntary application and systematic


implementation of OSH management systems should be elaborated
based on the model provided in Chapter 3, taking into consideration
national conditions and practice.
2.2.2. There should be consistency between the ILO guidelines, the
national guidelines and the tailored guidelines, with sufficient
flexibility to permit direct application or tailored application at the
organization level.

Dr. Ghazi Faisal


Najmuldeen FKKSA

46

2.3. Tailored guidelines

2.3.1. Tailored guidelines, reflecting the overall objectives of the ILO


guidelines, should contain the generic elements of the national guidelines
and should be designed to reflect the specific conditions and needs of
organizations or groups of organizations, taking into consideration
particularly:

(a) their size (large, medium and small) and infrastructure; and
(b) the types of hazards and degree of risks.

2.3.2. The links between the national framework for OSH management
systems (OSH-MS) and its essential elements are illustrated in figure 1.

Dr. Ghazi Faisal


Najmuldeen FKKSA

47

ILO-OSH 2001 Framework

ILO Guidelines
On
OSH-MS

National
Guidelines
On
OSH-MS
Tailored
Guidelines
On
OSH-MS

Figure 1. Elements of the national framework for OSH management systems


Dr. Ghazi Faisal
Najmuldeen FKKSA

48

3- The occupational safety and health management system


in the organization
Occupational safety and health, including compliance with the OSH
requirements pursuant to national laws and regulations, are the
responsibility and duty of the employer.
The employer should show strong leadership and commitment to
OSH activities in the organization,
and make appropriate arrangements for the establishment of an OSH
management system.
The system should contain the main elements of : policy, organizing,
planning and implementation, evaluation and action for improvement, as
shown in figure 2.

Dr. Ghazi Faisal


Najmuldeen FKKSA

49

3- Occupational Safety and Health Mgt. System in the organization


ILO-OSH 2001

Figure 2. Main elements of the OSH management system

Dr. Ghazi Faisal


Najmuldeen FKKSA

50

ILO-OSH 2001 (Section Three)

1- POLICY
Include activities related to the development of the organizations
OSH policy statement and the structures and practices that insure
active and meaningful worker participation in OSH arrangement
2- ORGANIZING
Addresses the establishment of OSH responsibilities &
accountabilities structures, a training system, competency definitions,
documentation practices, and a communication system
3- PLANNING AND IMPLEMENTING
Addresses those activities associated with the fulfilment of the
principles expressed in the OSH policy statement. These activities
include the initial assessment of OSH arrangements that support the
actual system planning, development and implementation functions
Dr. Ghazi Faisal
Najmuldeen FKKSA

51

Cont
4- EVALUATION
Addresses those functions associated with measuring the management systems
performance.
This involves the development of performance monitoring and measurement
protocols, investigation practices for accidents, auditing methods, and
management review arrangements.
5- ACTION FOR IMPROVEMENT
Addresses issues associated with preventive/corrective actions and continual
improvement.
With the information obtained from performance monitoring and measurement,
investigations, audits, and management review, appropriate preventive/corrective
and continual improvement actions can be taken.
The notion of continual improvement is a central distinction in the ILO-OSH
2001
Dr. Ghazi Faisal
Najmuldeen FKKSA

52

THANK
YOU

Dr. Ghazi Faisal


Najmuldeen FKKSA

53