CONSTRUCTION

SAFETY
SBC 3363

Lecture 02
 SITE OFFICERS

LEGISLATION
REQUIREMENTS
BUT, IMPORTANT!!!!!!!!!
LAW
PROVISIONS

BORIIIIING!!!!
 Legislation Requirements for
Construction Safety

Construction
Building By-
Safety and Health
Law

Occupational
Safety and Standard
Health Act Form of
1994 (Act 514) Standard Contract PAM/
Form of ISM
Factories and Contract PWD
Machinery Act 203
1967 (Act 139)
History
 1906 – Industrial Health and Safety
Movement was started by Massachusetts
Board of Health in USA
 Appoint safety officer for factories,
workshops, construction sites and etc
 1912 – more modern H&S movement was set
up: The National Safety Council of USA
 1919 – International Labour Organisation
(ILO) was started
History (ILO)
 Initial role was to produce an international
standard for workers
 Resolutions and suggestions from
conventions held to look into occupational
health and safety issues
 Among the resolutions are:
1. ILO Convention (No 5. 1919) a call to all
governments in the world to have an agency
that protects workers’ health and safety
History (ILO)
2. ILO Convention (No. 138:1973) the introduce
health, safety and method of working
3. ILO Convention (No.155: 1973) occupational
health and safety was introduced

 In 1976 – ILO introduce launched new

international standard programmes to
improve occupational health and safety
History - Malaysia
 The following enactments are some early
regulations exists (during colonial time) for
construction industry:
 Enakmen Lembaga Bandaran Negeri-Negeri
Melayu Bersekutu (PMS Cap 137) – 1930
 Enakmen Lembaga Bandaran Johor (No 118)
 Enakmen Perbandaran Kelantan – 1938
 Enakmen Lembaga Bandaran Terengganu –
1937
History - Malaysia
 These enactment can only be used in the
respective states.
 The regulations was too old and no longer
suitable
 Besides, too many separate legislation
requirements were implemented in this
country
 Malaysia recognised the resolutions set by
ILO
History - Malaysia
 The government realises the importance of
safe workplace and protecting workers from
accidents and health problems
 Factories and Machinery Ordinance 1953 was
set
 Factories and Machinery Act (Act 139) to
replace the ordinance
 Act 139: to protect worker from industrial
hazards that impose danger to safety and
health
History - Malaysia
 It outlines the minimum standard requirements that
have to be followed and the respective penalties
 1994 – NIOSH (National Institute of Occupational
Safety and Health) was established and Act 514 was
published
 Act 514: more details to tackle the safety and health
issues
 It overrules other acts in the event of conflict or
inconsistency (Section 2(2) Act 514)

#NIOSH http://www.niosh.com.my
Occupational Safety and Health Act
1994 (Act 514)
 Was implemented on 25 Februari 1994
 As a guideline used by public or private
sectors in preparing the safety and health
policy in their workplace
 Aiming to improve the management and
awareness of health and safety issues
 In the long term, it aims to encourage the
safety culture among employer and employee
in the industry
ACT 514: The Contents
 Contains 15 parts
 The provisions in Act 514 overrule any
previous provisions as in Section 2 (1):
The provisions of this Act shall be in addition to
and not in derogation of, the provisions of any
other written law relating to accupational safety
and health
 The act defines the general duties of
employers, employees, self-employed persons,
designers, manufacturers and suppliers
ACT 514: The Contents
 Provisions for appointments of officers,
National Council for Occupational Safety and
Health, safety policy design, steps taken to
protect the workers
 Scope of this act covers all working people in
sectors such as manufacturing, mining
(quarry), construction, forestry and fishery,
transportation, warehousing, hotels and
restaurants, insurance, properties and public
services
ACT 514: Safety and Health
Committee (Section 30)
 Section 30 (1):
Every employer shall establish a safety and
health committee at the place of work in
accordance with this section if:
a) they are forty or more persons employed at
the place of work
b) the Director General directs the
establishment of such committee at the place
of work
ACT 514: Safety and Health
Committee (Section 30)
 The function of such committee is to review
periodically the safety policies and
implementation in their workplace
 Every employer should consult this committee
with regards to any safety and health issues
 Failure to set the committee will result to the
employer being liable to a fine not exceeding
RM 5000 or to imprisonment for a term not
exceeding 6 months or both (Section 30 (4))
ACT 514:Safety and Health Officer
(Section 29)
 Section 29 (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
 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 promotion of a safe conduct of work at the place
of work (Section 29 (3))
 A safety officer must be qualified and have relevant
experience in construction industry
ACT 514:Safety and Health Officer
(Section 29)
 Section 29 (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

 An occupier who failed to appoint a safety

officer will be liable to a fine not exceeding
RM5000 or to a term of imprisonment not
exceeding 6 months or both (Section 29 (5)
ACT 514: Enforcement and Liability
(Section 39)
 According to this Act, the enforcement of the
provisions in Act 514 should be done by
officer (s) from DOSH (Department of
Occupational Safety and Health)
 The officer may, at any appropriate time and
with the consent of the site owner, enter,
inspect and examine any place of work
(Section 39 (1))

#DOSH http://www.mohr.gov.my
ACT 514: Enforcement and Liability
(Section 39)
 In exercising his/her power, an officer may (section
39 (2)):
1. Make examination and investigation of any plant,
substance, article or other thing whether or not the
act has been complied with
2. Direct that the place of work or any part or anything
therein shall be left undisturbed
3. Take measurement and photograph or recording for
the purpose of any examination or investigation
4. Take samples of any articles or substance found in
the vicinity of the place of work
ACT 514: Enforcement and Liability
(Section 39)
5. Require any person employed in a place of
work in which any diseases name in the
Third Schedule of the Factgories and
Machinery Act (1967) or any named in any
regulation, to be medically examined by a
medical officer or a registered medical
practitioner
ACT 514: Enforcement and Liability
(Section 39)
 If a plant or substance is likely to cause danger to
safety and health, he may (Section 39 (3)):
1. Cause it to be dismantle or subjected to any
process or test at any convenient place and at
reasonable time, BUT not so as to damage or
destroy
2. Take possession of it and detain it as long as it is
necessary for the following purposes:
i. To examine it or do anything to it
ii. To ensure that it is not tempered before examination
iii. To ensure it is available for use as evidence in any
proceedings for an offence
ACT 514: Enforcement and Liability
(Section 39)
 Where an officer is also a medical officer, he may
(Section 39(4))
1. Carry out medical examination
2. Exercise such powers as may be necessary under
subsection (2) and (3)
 Officer can also seek for the assistance of the police
if he has reasonable cause to apprehend any
serious obstruction in the execution of his duty
(Section 39(5))
 An officer may bring with him any person authorised
by Director General (a) or any equipment/ material
required for any purpose (b)
ACT 514: Enforcement and Liability
(Section 48)
 If a place of work, plant, substance or process
is likely to be a danger or cause injury or
serious risk to health or cause damage to any
property, an officer shall (section 48 (1),
serve an improvement notice on the person
who is in-charge of the place of work
(Contractor) to remove the danger or rectify
any defect and work should not be continued
until the defect/ risk has been removed or
rectified
ACT 514: Enforcement and Liability
(Section 48)
 If the defect/ risk could cause immediate
danger to life or property, the officer shall
(Section 48 (2)) serve a prohibition notice
prohibiting the use or operation of the place
of work, plant, substance or process until the
danger posed is removed and defect made
good to the satisfaction of the officer

#for contents of the notice please refer Section

48 (3) and (4)
ACT 514: Enforcement and Liability
(Section 49)
 Penalty for failure to comply with this notice
(Section 49 (2)):
 Shall be guilty of an offence
 On conviction, shall be liable to a fine not
exceeding RM 50,000 or to imprisonment for
a term not exceeding 5 years or both
 And to a further fine of RM 500 for each day
during which the offence continues
Standard Form of Contract PWD 203
 No clear provision regarding safety
 However, a few clauses in the PWD 203 impliedly
covers the aspect of safety
 Clause 2 (b) explains the responsibility of the SO to
monitor and supervise the work and to test or
examine any material that is being use and quality of
work
 Clause 4 emphasise the contractor’s liability to
comply with term of agreed contract regarding the
use of materials, quality of work (i.e. should comply to
the specification of the contract)
Standard Form of Contract PWD 203
 Clause 16 (c), the Contractor should maintain
the site during the construction period and
manage records of his workers
Standard Form of Contract PAM/ISM
 The latest version of this Standard Form of
Contract, includes a provision regarding
safety
 Clause 1(1) explains that the Contractor is
fully responsible on the safety of the site
operation and the methods used during the
construction.
Building By-Law
 No provisions regarding safety
 Building By-Law explains in details the
elements and building material in construction
 The regulation will ease the process of
controlling the methods/ technique of
construction work thus, indirectly it is easier to
control and improve the worker safety and
health on site
Thank You