OSHA 1994

2.1
Occupational Safety and Health
(Control
of Industrial Major Accident Hazards)
Regulations, 1996
Occupational Safety and Health (Control
of Industrial Major Accident Hazards)
Regulations, 1996
• Part I – Preliminary
• Part II – Identification and notification of an
industrial activity
• Part III – Demonstration of safe operation for
non-major hazard installation
• Part IV – Report on industrial activity and
preparation of emergency plan for major hazard
installation
• Part V – Notification of major accident
Occupational Safety and Health (Control
of Industrial Major Accident Hazards)
Regulations, 1996

• Purpose
To control of dangerous substances in an industrial
activity to provide evidence which identifies the major
accident hazards from their activities and which shows that
they have taken adequate steps to prevent such major
accidents and to limit their consequences to people and the
environment

• Application
All industries except
 a nuclear installation
 an installation under the armed forces
 a vehicle or vessel transporting hazardous substances
 an industrial activity which have equal or less than 10% of the
threshold quantity
Occupational Safety and Health (Control
of Industrial Major Accident Hazards)
Regulations, 1996
• PART I: Terminology
▫ Hazardous substances
 Any substances which may cause harm to humans and
environment
▫ Industrial activity
 An operation carried out in an industrial installation involving one
or more hazardous substances
▫ Major accident
 An occurrence including a major emission, fire or explosion
resulting from uncontrolled development in the course of an
industrial activity which leads to serious danger to persons or to
the environment
▫ Major hazard installation
 An industrial activity which produces, processes, handles, uses,
disposes of or stores, whether permanently or temporarily, one or
more hazardous substances
• PART II
▫ Identify an industrial activity (Section 7).
▫ Notify to the DG of any changes in the activity (e.g. quantity of
hazardous substances) (Section 8).
• PART III
▫ Demonstration of safe operation (including identifying possible
major hazards, prevention of any major accident, provide
training, information, equipment and emergency plan) (Section
10).
• PART IV
▫ Preparation of a written report containing the information as
specified in Schedule 6 and send a copy to DG 3 months before
commencing the activity
▫ Prepare and up-date emergency plan. Submit emergency plan to
DG 3 months before commencement.
 On-site emergency plan (Section 18)
 Update (Section 19) and review (Section 20) of on-site emergency
plan.
 Off-site emergency plan (Section 21)
▫ Prepare an of-site emergency plan and communicate and
coordinate with local or port authorities (Section 21).
Continue..
• PART V
▫ Notification of accident (Section 23)
 Provide information such as date and time of
accident circumstances of accident, hazardous
substances involved, effect on human and
environment, emergency measures taken.
• PART VI
▫ Penalty (Section 24)
 Manufacturer (not exceeding RM 50,000 or
imprisonment not exceeding 2 years or both).
 Employee (not exceeding RM 1,000 or
imprisonment not exceeding 3 months).
Schedule 1
• Indicative criteria
▫ Very toxic substances
 LD50 (oral, mg/kg body weight), LD50≤5 or 5<LD50 ≤ 25
 LD50 (cutaneous, mg/kg/ body weight), LD50 ≤ 10 or 10<LD50 ≤ 50
 LC50 (Inhalation, mg/L), LC50 ≤ 0.1 or 0.1<LC50 ≤ 0.5
▫ Other toxic substances
 LD50 (oral, mg/kg body weight), 25<LD50 ≤ 200
 LD50 (cutaneous, mg/kg/ body weight), 50,LD50 ≤ 400
 LC50 (inhalation, mg/L), 0.5,LC50 ≤ 2
▫ Flammable substances
 Flammable gases
 Highly flammable liquids
 Flammable liquids
▫ Explosive substances
▫ Oxidizing substances
Schedule 2
• List of substances and (threshold) quantities
▫ Group 1, toxic substances (quantity ≤ 1 tonne)
 99 substances (e.g. 2,3,7,8-tetrachlorodibenzo-p-
dioxin, TCDD at 1 kg)
▫ Group 2, toxic substances (quantity > 1 tonne)
 25 substances (e.g. chlorine at 10 tonnes)
▫ Group 3, highly reactive substances
 26 substances (e.g. ethylene oxide at 5 tonnes)
▫ Group 4, explosive substances
 31 substances (e.g. nitroglycerine at 10 tonnes)
Schedule 3
• Items of information to be communicated to the public
▫ Name of manufacturer and address of site of industrial
activity
▫ Activity undertaken at the site
▫ Information relating to the nature of a major accident
hazard including its potential effects on the population and
the environment
▫ Information on how the population will be warned and kept
informed in the event of accident
▫ Information on the actions the population concerned
should take and on the behaviour they should adopt in the
event of an accident
▫ A reference to the off-site emergency response plan
Schedule 4
• Industrial installations
▫ Installation for the production, processing or treatment of
organic or inorganic chemicals
▫ Installation for distillation, refining or other process in
processing of petroleum or petroleum products
▫ Installations for the total or partial disposal of solid or
liquid substances by incineration or chemical
decomposition
▫ Installations for the production, or treatment of energy
gases (e.g. light petroleum gas)
▫ Installations for the dry distillation of coal or lignite
▫ Installations for the production of metals or non-metals by
a wet process or by means of electrical energy
Schedule 5
• Notification of industrial activity form
▫ Particular of installation
▫ Quantity of hazardous substances at the
installation
▫ Particular of manufacturer making the
notification
Schedule 6
• Information to be included in the report on
industrial activity
▫ Information relating to every hazardous substance
involved and its relevant quantity
▫ Information relating to the installation
 A map of the site
 A scale plan
 A description of the processes or storage involved
▫ Information relating to the system of management for
controlling the industrial activity
▫ Information relating to a potential source of major
accident in the form of risk assessment
2.2
Occupational Safety and Health
(Safety and Health Committee)
Regulations, 1996
• Part I- Preliminary
• Part II – Composition on safety and health
committee
• Part III – Functions of safety and health
committee
• Part IV – Meeting of safety and health
committee
• Part V – Provision of training and information
• Part VI - Penalty
Part I – Terminology
• Authorised manager
▫ A person duly authorised by an employer to deal
with any matter relating to the safety and health of
persons employed at the place of work
• Near miss accident
▫ Any accident at a place of work which has the
potential of causing injury to any person or damage
to any property
• Safety audits
▫ The safety and health audits of plant and systems of
work to ensure the safety and health of persons
employed at a place of work
• Regulation 3
▫ A safety and health committee (SHC) formed at a
place of work before the commencement of these
regulations and reorganise within 6 months

Part II
• Regulation 5
▫ A SHC
▫ A chairman
▫ A secretary
▫ Representative of employer
▫ Representative of employees
• Regulation 10
▫ SHC may remove a member from committee if
 He fails to attend 3 consecutive meetings
 He has been found to be of unsound mind
 Bankrupt
 Has no longer employed
 Has been proved against him
 Fraud, dishonesty or moral turpitude
 Offence under a law relating to OSH
 Criminal offence
Part III
• Regulation 11
▫ Function of committee
 Assist in the development of safety and health rules
 Review the effectiveness safety and health programs
 Studies/ research on the trends of accident, near
miss accident, dangerous, occurrence, occupational
poisoning or disease
• Regulation 12
▫ Inspection of place of work
 At least once in 3 months
• Regulation 13
▫ Investigation into any accident
• Regulation 14
▫ Action to be taken on report and recommendation of
committee
• Regulation 15
▫ Matters to be considered by committee
• Regulation 16
▫ Investigation of complaint
• Regulation 17
▫ Resolution of complaint
• Regulation 18
▫ Assistance of committee
• Regulation 19
▫ Rules on safety and health
Part IV
• Regulation 21
▫ Frequency of meeting
 As often as may be necessary

Part V
• Regulation 28
• Employer to ensure the member of SHC have basic
knowledge
• Regulation 29
• Employer provide adequate training to SHC

Part VI
• Regulation 32
▫ Penalty – a person who by any act or omission contravenes –
fine not exceeding RM5000 or jail not exceeding 6 month or to
both
2.3
Occupational Safety and Health (Safety
and Health Officer)
Regulations, 1997
• Part I – Preliminary
• Part II – Registration of a safety and health
officer (SHO)
• Part III – Notification of SHO
• Part IV – Duties of an employer
• Part V – Duties of SHO
• Part VI - Miscellaneous
Part I – Terminology
• Lost-time injury
▫ An injury which prevents any worker from
performing normal work and leads to a permanent
or temporary incapacity of work
• No lost-time injury
▫ An injury where no work is lost beyond that
required for medical attention
• Apply to (Regulation 3)
▫ Safety and health officer
▫ Employer of the class or description of industries
who are required to employer safety and health
officer
Part II
• Regulation 5
▫ Application made in Form in Schedule I
• Regulation 6
▫ Qualification
 Holds a diploma in OSH or equivalent
 Has successfully completed a course training in OSH
and passed any examination for the course
 Has been working in the area at least 10 years
• Regulation 8
▫ Compulsory to attend any continuous education
program at least 1 in a year for renewal registration
• Regulation 10
▫ Registration valid for 3 years
• Regulation 11
▫ Renewal – made in Form specified in Schedule II
with RM50 (processing fee)
Part IV- Duties of An Employer
1. Provide SHO employed by him with adequate
facilities
▫ training equipment
▫ Appropriate information to enable SHO to conduct
his duties (Regulation 15)
2. Permit the SHO at least 1 a year to attend any
continuous education program to enhance his
knowledge (Reg. 16)
3. Direct 1 supervisor/ who has direct control on
person/ activity of the place of work
▫ To assist SHO in any investigation of accident (Reg.
17)
Part V – Duties of SHO
• Regulation 18
▫ To advice employer/ person in charge
▫ To inspect the place of work – machinery, plant, equipment,
substance, appliance or process to cause injury to any person
▫ To investigate any accident
▫ To assist the employer/ SHC in organizing and implementing OSH
program
▫ To become secretary to SHC
▫ To assist SHC in any inspection
▫ To collect, analyze and maintain statistics on any accident
▫ To assist any officer in carry out his duty
▫ To carry out any instruction made by employer/ person in charge
on any matters pertaining to safety and health
• Regulation 19
▫ SHO shall submit the report pertaining to his
activities to the employer
• Regulation 20
▫ Take action from the report received not later than
2 weeks

First schedule – Registration form

Second Schedule – Renewal of registration
2.4
Occupational Safety and Health
(Notification of Accident, Dangerous
Occurrence, Occupational Poisoning
and Occupational Disease)
Regulations, 2004
• Part I – Preliminary
• Part II – Notification and reporting of accident,
dangerous occurrence, occupational poisoning
and occupational disease
• Part III – No interference at accident or
dangerous occurrence scene
• Part IV – Maintenance of all records of accident,
dangerous occurrence, occupational poisoning
and occupational disease
• Part V - Miscellaneous
Part I- Terminology
• Fatal injury
▫ Injury leading to immediate death or death within 1
year of the accident
• Non-fatal injury
1. A lost-time injury – prevent worker from performing
normal work and leads to permanent or temporary
incapacity of work
2.A no-lost-time injury – no work time is lost beyond
that required for medical attention
• Dangerous occurrence
▫ Occurrence arising out of or in connection with work
Part II
• Reg. 5
▫ Notification and reporting of accident and
dangerous occurrence
 Death
 Seriously bodily injury –listed in First Schedule
• Reg. 7
▫ Reporting of cases of occupational poisoning and
occupational disease
Part III
• Reg. 9
▫ No interference at accident or dangerous
occurrence scene
Part IV
• Reg. 10
▫ Employer/ self-employed person shall record and
maintain a register in an approved form
 All accident and dangerous occurrence which have
occurred
 All occupational poisoning or occupational disease
have occurred or likely to occur
• Penalty
▫ Any person who contravenes any provision
 Fine not more RM10000 or jail not more 1 year or
both
• First Schedule – Serious Bodily Injury
1. Emasculation
2. Permanent privation of the sight of either eye
3. Permanent privation of the hearing of either ear
4. Privation of any member or joint
5. Destruction or permanent impairing of the powers of any member or joint
6. Permanent disfiguration of the head or face
7. Fracture or dislocation of the bone
8. Loss of consciousness from lack of oxygen
9. Loss of consciousness or acute illness from absorption, inhalation or
ingestion
10.Any case of acute ill health – resulted from occupational exposure
11.Any work related injury or burn – a person admitted into hospital more
than 24 hrs
• Second Schedule – Dangerous Occurrence
• Part I
▫ Collapse of scaffolding
▫ Collapse of a building or structure
▫ Electrical short circuit
▫ Escape of a substance
▫ Explosion, fire or failure of structure
▫ Lifting machinery, etc
• Part II
▫ In relation to mines breathing apparatus
▫ Dredge
▫ Electric shock
▫ Escape of gas
▫ Failure of plant or equipment
▫ Fire or ignition of gas
▫ Injury by explosion of blasting material
▫ Inrush of gas or water
▫ Insecure tip
▫ Locomotives
• Part III
▫ In relation to quarries
• Part IV
▫ In relation to forestry
• Part V
▫ In relation to agriculture
• Third Schedule
▫ Occupational poisoning and occupational disease
 29 items
 5 parts
 Poisoning
 Infections
 Skin disease
 Lung disease
 Other conditions
• Fourth Schedule
▫ Matters which the DG may require to be notified