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TOPIC 1

HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

LEARNING OUTCOMES
Upon completion of this topic, students should be able to:
1. Design safety and health program to meet the work place requirements.
(C5, PLO1)
2. Perform according to the most current acts pertinent to the Occupational Safety
and Health. (P5, PLO2)

CONTENTS
1.1

Introduction to OSH
Occupational Safety and Health (OSH) is concerned with preserving and

protecting human and facility resources in the workplace (Friend and Khon, 2007).
OSH is also a field wherein professionals attempt to prevent catastrophic losses.
Economically, morally, and legally, OSH has become an important issue. Companies
are attempting to remain profitable in an ever competitive global economy. For
companies, addressing safety, health and environment programs may actually mean
survival. In reality the amount of production required to cover costs associated with
accidents in the workplace can be substantial and may far outweigh the expense of
providing a safe and healthful working environment.
Occupational safety and health is relevant to all branches of industry, business and
commerce and includes traditional industries, information technology companies,
schools, universities, leisure facilities and offices. Occupational safety and health
affects all aspects of work and may simply require trained competent personnel in a
low hazard organization. In a high hazard manufacturing plant, many different
specialists, such as engineers (electrical, mechanical and civil), lawyers, medical
doctors and nurses, trainers, work planners and supervisors, may be required to
assist the professional safety and health practitioner in ensuring that there are
satisfactory safety and health standards.

Occupational safety and health is:


-A cross-disciplinary area.
-Involves interaction of various disciplines

occupational

medicine,

occupational (or industrial) hygiene, public health, safety engineering, health


physics, ergonomics,

toxicology, epidemiology, industrial relations, public

policy, sociology, and psychology.


-Concerned with the protecting of safety, health and welfare of persons at
work and others who are exposed or affected.

Figure 1.1 : Definition of Occupational Safety &Health

1.1.1 History on Occupational Safety and Health


OSH started 2,000 years ago. Early Historical of OSH is based on Ancient
Greek and Roman Physicians (Goetsch, 2010, Reese, 2009, Friend and Khon,
2007). Figure 1.2 below illustrate evolution on OSH .

Ancient Greek and Roman Physicians

It is first observed

European Renaissance and the


Industrial Revolution

over 2,000 years ago.


An early account is
associated with the
Code of Hammurabi
dated back to
approximately 2100
BC
Greek-Roman
Physicians.
Between 400 BC and
300 AD
Prior to the
Renaissance
(1430-1840)
Little information
was available until
15th century
Industrial
Revolution
(1840onwards)
Information
was available
in 17th Century

Figure 1.2: The Evolution on OSH (Goetsch, 2010)


The field of OSH has undergone significant change over the past two decades. Some
of the reasons include the following: technological changes that have introduced new
hazards in the workplace; proliferation of safety and health legislation and
corresponding regulation; increase pressure from regulatory agencies; realization by
executives that workers in a safe and healthy workplace are typically more
productive; increased pressure from environmental groups; corporate social
responsibility and increased pressure from labor organizations and employees in
general (Goetsch, 2010, Reese, 2009).
1.1 .2

Historical Development

Historical development of occupational safety and health, in particular the related to


legislation can be traced back as early as the ancient Kingdom of Babylon. From
times to times evolutions took places with new findings and legislations. Studying the
historical development provides us with better understanding of the evolution on
occupational safety and health that had taken place form times to times.
2.2.1

Early Development

Hammurabi The King of Babylon (1792 1750BC)


Hammurabi's Code First written code of Law.
Use of the "Eye for eye, tooth for tooth" philosophy.

King Rameses III of Ancient Egypt (1500 BC)


Workers constructing the Ramesseum Temple were provided with health
and medical facilities.

Hippocrates (460-377BC)
'Father of Medicine.
Described disease symptoms.
First physician to accurately describe the symptoms of pneumonia, as

well as epilepsy in children.


Described symptoms of lead poisoning among miners and metallurgists.

Pliny the Elder (23-70 AD)


A Roman senator.
Wrote about workers who protected themselves from dust by tying

bladders over their mouths.


He also noted hazards of asbestos and cinnabar (mercury ore).

Galen (129 AD)


Wrote more than 400 books and his influence on medical theory was
dominant throughout the Middle Ages.

Ulrich Ellenborg (1473)


Recognized the dangers of metal fumes, described symptoms and

preventive measures.
Produced the first pamphlet on occupational disease and injury amongst

gold miners.
He was the first to offer instruction in hygiene and other preventative
measures.

Paracelsus (1493-1541)
Father of Toxicology.
Wrote a treatise on occupational diseases - describing lung diseases
among miners and attributed the cause to vapours and emanation from
metals.

Agricoloa (1494-1555)
Wrote De Re Metallica - a comprehensive discourse addressing every
aspect of mining, smelting and refining.

Bernardo Ramazzini (1633 1714)


Father of Occupational Medicine.
Wrote De Morbis Artificium Diatriba (The Diseases of Workmen)
Described the symptoms of mercury and lead poisoning and other
occupational diseases.

Figure 1.3 : OSH Early Development


1.1.2.2 International Development

Industrial Revolution Era Late 18th Century

Started with the inventions of the:


spinning jenny (1765);
water frame (1767); and
mule (1774).

Figure 1.4 : Spinning Jenny

Transformed cottage crafts to factory industries mass production -

required massive numbers of workers.


Personal relationships disappeared and often lead to exploitation

master and servants relationship.


Long working hours - sixteen hour work days.
No incentive to look out for the employees' safety or health.
If one worker was injured he or she was easily replaced.

Legal Development in United Kingdom 19th Century


-

Moral Apprentice Act 1802


Factory Act 1819
Factory Act 1833
Factory Act 1844
Factory Act 1847
Factory Act 1850

Factory Act 1874

The British Committee of Inquiry in Safety and Health at Work


-

Established in 1970.
Chaired by Lord Alfred Robens.

To review existing occupational safety and health provisions, and make

recommendations for changes.


The findings and recommendations were known as Robens Report

1970.
Health & Safety at Work Act was gazetted in 1974.

1.1.2..3

Local Development

Steam Boiler Safety Era Before 1914


- First appointment related to OSH-machinery inspector (William Given)
-

1878.
System for boiler inspection by individual surveyors in Perak 1890.
First boiler legislation - Selangor Boiler Enactment 1892.
Perak first steam boiler law was enforced 1903.
Uniform steam boiler legislation enforced by inspectors of boiler for Allied
Malay States 1908.

Machinery Safety Era 1914 till 1952


- Abolishment of the steam boiler enactments of the Allied Malay States
-

and were replaced with Machinery Enactment of 1913 Jan 1914.


The Federated Malay States Mining Enactment 1926.
The Machinery Enactment of 1913 was abolished and replaced with

Machinery Enactment of 1932.


The Rump Labour Code of 1933 included public health provisions for
estate workers.

Industrial Safety Era 1953 till 1967


- All machinery enactments were abolished and replaced with the
-

Machinery Ordinance 1953.


Factory and Machinery Act was approved by the Parliament in 1967.
The post of Medical Officer and Surveillance Unit was created in the
Machinery Department 1968.

Industrial Safety & Hygiene Era 1970 till 1994


- Machinery Ordinance 1953 was abolished and the Factory and Machinery
Act 1967 were enforced in Peninsular and the establishment of the
-

Factory & Machinery Department 1970.


Petroleum Act (Safety Measures) was enforced - 1984.
Suggestion for establishment of National Institute of Occupational Safety

and Health 1985.


Cabinet approved for the establishment of National Institute of

Occupational Safety and Health 1991.


Official opening of National Institute of Occupational Safety and Health by

the Minister of Human Resource 1993.


Occupational Safety and Health Act 1994 (Act 514) was approved by the
Parliament.

1.1.2.4 OSH Malaysian Perspective

OSH provides a working environment which is conducive to workers. Reasonable


precautionary steps are taken so as to ensure that workers are prevented from injury
or health hazard due to work activities being carried out. Occupational safety and
health (OSH) was first implemented in Malaysia some 130 years ago towards the
end of the 19th century (DOSH 2007). In 1953 initially, the formation of the OSH was
managed by Factories and Machineries Department. Its main activities were to
ensure machinery safety and also the safety and health of workers in the
manufacturing sector. With the rapid growth of technology and the economic
development of the country, the department no longer focused solely on the
manufacturing sectors, but also other occupational sectors. Hence, the Factories and
Machineries Department was upgraded to the Department of Occupational Safety
and Health (DOSH) in 1994, where its main focus is to ensure the safety, health and
welfare of people at workplace and to protect others from the danger arising from
occupational activities. Thus, DOSH is the only government agency responsible for
administrating, managing and enforcing legislation pertaining to OSH in the country
with the vision of making all occupations safe and healthy while enhancing the quality
of working life (OSHA, 1994).
1.2

Occupational Safety and Health Act (Act 514)

Reading the legal documents is not the same as reading other documents. Normally
legal term have its own interpretation. Therefore they should be read, interpreted
correctly and understood. Otherwise parties involved will not be able to comply with
relevant legal provisions accordingly and as an implication they are liable to legal
actions either by relevant authorities or affected parties.

There are established rules about how Acts and Regulations are written, how they
are read, what certain word mean and how parts are identified or cited. Failure to
read the laws accordingly - lead to wrong interpretation and wrong understanding;
and cause non-compliance and even worst legal implications. Therefore, this topic
provides basic learning of identifying and citing the parts, sections, etc.; and
interpreting salient wordings and phrases.
1.2.1

Numbering Parts, Sections, Sub-Sections, Clause and Sub-Clause of the


Act & Regulations
Roman numerals - numbering the Parts of the Act.
- Example - Part I Preliminary.
The numbering used in Acts to identify sections, sub-sections:
- Sections
1. - at the left side of the page
- Sub-Sections
(1) intended
- Clauses
(a) intended further
- Sub-Clauses
(i) intended further still
Under Regulations, sections and sub-sections are cited as
Regulation and Sub-Regulation.

1.2.1.1

Sections, Sub-Sections, Clause and Sub-Clause


To refine the information under Parts of the Acts and Regulations.

1.2.1.2

Citing the Acts and Regulations


Reading and referring Acts and Regulations using legal language citing the Act, or giving a citation.

Example - Section 7, Sub-Section (a) of the Factories and Machinery


Act 1967 cited as s.7(a), with s as the short form for section then
followed by parentheses that identify the subsection, in this case a.
1.2.1.3 Interpreting the Legal Verbs
shall and may
- In legal writing shall usually means must.
- The word may indicate that a person has a right to do
something - does not have to do the thing, but they may if they
choose to.
and and or
- When and is used between parts of legislation, it means that all
conditions mentioned must apply.
- When or is used between parts of legislation it means that only
one of the conditions mentioned must apply.
Qualifying Words
- As Prescribed - as spelled out in the Regulations or
Schedules.
- Subject to - depending on what is described in another part of
the Acts or Regulations.
- Notwithstanding - despite what is said elsewhere, under
certain conditions some different and possibly conflicting
requirement(s) may apply.

1.2.2

OSHA 1994 Objectives and Arrangement

Derived from the philosophy of the Robens Report and Health & Safety at
Work Act 1974 in United Kingdom.

A reflexive-type of Act which was less prescriptive, and also emphasis on


duties of care by individual.

Supports the philosophy of self-regulation for people at work.


Provides legislative framework for promotion, stimulation and encouraging
high standards of safety and health at work.

1.2.2.1 Objectives

To secure the safety, health & welfare of persons at work.


To protect other persons at a place of work.
To promote an occupational environment for persons at work; which is
adapted to their physiological and psychological needs.
To provide means for Occupational Safety and Health legislation
progressively replaced by system of regulations and approved industry
codes of practice.
1.2.2.2 Scope of Application

Manufacturing
Mining & Quarrying
Construction
Agriculture, Forestry & Fishing
Utilities Electricity, Water and Sanitary Services
Transport, Storage and Communication
Wholesale and Retail Trades
Hotels and Restaurants
Finance, Insurance, Real Estates and Business Services
Public Services and Statutory Authorities
With the exemption to:
the armed forces
work on board ships governed by:

the Merchant Shipping Ordinance 1952[Ord. No.70 of 1952];

the Merchant Shipping Ordinance 1960 of Sabah [Sabah


Ord.

No. 11 of 1960] or Sarawak [Sarawak Ord. No. 2 of

1960]; or
Prevailing Laws:
-

An addition to any other written law relating to occupational

safety and
health.
Supersede any other existing law which are conflicting and
inconsistent with it.
Arrangements
15 Parts.
2 Schedules.
Regulations & Orders
- 7 Regulations.
- 2 Orders.
Salient Definitions

Employee
Employer
Immediate Employer
Occupier
Place of Work

Plant
Practicable
Premise
Principal Employer
Main Provisions

Part I Preliminary
Part II - Appointment of Officers
Part III - National Council for Occupational Safety & Health
Part IV - General Duties of Employers and Self-Employed Persons
Part V - General Duties of Designers, Manufacturers and Suppliers
Part VI - General Duties of Employees
Part VII - Safety and Health Organisation
Part VIII - Notification of Accidents, Dangerous Occurrence,
Occupational Poisoning and Occupational Diseases and Inquiry
Part IX - Prohibition Against Use of Plant or Substance
Part X - Industry Codes of Practice
Part XI - Enforcement and Investigation
Part XII - Liability for Offences
Part XIII Appeals
Part XIV Regulations
Part XV Miscellaneous
Schedules
- First Schedule [Subsection 1(2)] Scope of Application
- Second Schedule [Section 10] Safety & Health Committee
Membership
- Third Schedule [Paragraph 28(1)(d)] Occupation Involving
Special Risk to Health.

1.2.2.3 Regulations and Orders


Occupational Safety & Health (Employers Safety & Health
General Policy Statements) (Exception) Regulations 1996
- Regulation 1. Citation.
- Regulation 2. Exemption.
Occupational Safety & Health (Control of Industrial Major
Accident Hazards) Regulations 1996
- Part I Preliminary
- Part II Identification and Notification of 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
- Part VI Penalty

- Schedules
Schedule 1 [Regulation 2] Indicative Criteria.
Schedule 2 [Regulation 2] List of Substances and
Quantities.
Schedule 3 [Sub-Regulation 22(1)] Items of Information to
be Communicated to the Public.
Schedule 4 [Regulation 2] Industrial Installations.
Schedule 5 [Sub-Regulation 7(1)(b)] Notification of
Industrial Activity Form.
Occupational Safety & Health (Safety & Health Committee)
Regulations 1996
- Part I Preliminary
- Part II Composition of Safety and Health Committee
- Part III Functions of Safety and Health Committee
- Part IV Meeting of Safety and Health Committee
- Part V Provisions of Training and Information
- Part VI - Penalty
Occupational Safety & Health (Classification, Packaging &
Labelling of Hazardous Chemicals) Regulations 1997
- Regulation 1. Citation and commencement.
- Regulation 2. Interpretation.
- Regulation 3. Application.
- Regulation 4. Duty of supplier to classify.
- Regulation 5. Packaging requirement.
- Regulation 6. Seal of package.
- Regulation 7. Labelling.
- Regulation 8. Dimension of label.
- Regulation 9. Duty of supplier to furnish Chemical Safety Data
Sheet.
- Regulation 10. Confidential information on chemical.
- Schedules:
Schedule I [Regulation 2] Hazardous Chemicals and
Preparations.
Schedule II [Sub-Regulation 7(1)(c)] Danger Symbols and
Indication of Dangers.
Schedule III [Sub-Regulation 7(1)(d)] Risk Phrases.
Schedule IV [Sub-Regulation 7(1)(e)] Risk Phrases.
Schedule V [Sub-Regulation 8(1)] Dimension of Label.
Occupational Safety & Health (Safety & Health Officer)
Regulations 1997
- Part I Preliminary
- Part II Registration of Safety and Health Officer
- Part III Notification of Safety and Health Officer
- Part IV Duties of Employer
- Part V Duties of Safety and Health Officers
- Part VI Miscellaneous

- Schedules:
Schedule I [Sub-Regulation 5(1)] Application
Registration.
Schedule II [Regulation 11] Application for Renewal.

for

Occupational Safety & Health (Safety & Health Officer) Orders


1997
- Order 1. Citation and commencement.
- Order 2. Interpretation.
- Order 3. Class or description of industries required to employ
safety and health officer.
Occupational Safety & Health (Prohibition of Use of Substances)
Order 1999
- Order 1. Citation and commencement.
- Order 2. Prohibition of use of substances.
- Schedule Prohibition of use of substances.
Occupational Safety & Health (Use and Standard of Exposure
Chemicals Hazardous to Health) Regulations 2000
- Part I Preliminary
- Part II Identification of Chemicals Hazardous to Health
- Part III Permissible Exposure Limit
- Part IV Assessment of Risk to Health
- Part V Action to Control Exposure
- Part VI Labelling and Relabelling
- Part VII Information, Instruction and Training
- Part VIII Monitoring of Exposure at the Place of Work
- Part IX Health Surveillance
- Part X Medical Removal Protection
- Part XI Warning Sign
- Part XII Record Keeping

Occupational Safety & Health (Notification of Accident,


Dangerous
Occurrence,
Occupational
Poisoning
and
Occupational Disease) Regulations 2004
- Part I Preliminary
- Part II Notification 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
- Schedules:

First Schedule [Sub-Regulation 5(1)] Serious Bodily Injuries.

Second Schedule [Sub-Regulation 5(1)] Dangerous


Occurrences.
Third Schedule [Regulation 7] Occupational Poisoning and
Occupational Diseases.
Fourth Schedule [Regulation 11] Matters which the Director
General may require to be notified.

Under OSHA 1994, Part IV, Section 15; duty and responsibility of every employer and
self-employed to ensure so far as practicable, the safety, health and welfare at work
of all employees

maintain the plant and system of work that are so far as practicable, safe and
without risk to health
so far as practicable to ensure safety and absence of risks to health
operation, handling etc
so far as practicable, the provision such as information, training and
supervision to ensure so far as practicable, safety & health
so far as practicable, to maintain safe working environment
so far as practicable, as regards any place of work should be safe and without
risks to health
Regulation 19, OSHA, 1994 - Fine not exceeding fifty thousand ringgit
(RM 50,000) or to imprisonment for the term not exceeding two years or both

Duties of Employees
Section 24, OSHA 1994 General duties of Employees
Maintain a safe and healthy working environment
Keep work area clean and safe at all times
Stay informed of safety and health issues
Observe and comply with all established safety and health requirements
Understand and follow safety and health guidelines included in work
instructions
Keep aisles, exits and emergency equipment clear of obstructions
Regulation 24(1), OSHA, 1994 - Fine not exceeding one thousand ringgit
(RM1,000) or to imprisonment for the term not exceeding two years or both
1.3

Factories and Machinery Act 1967

Upon its independence, Malaysia economy had moved from agriculture based to
manufacturing based. New technologies and machinery were brought in to cater the
needs of the manufacturing sectors. Along with this, new workplace hazards were
introduced.
To manage workplace safety and health issues, the Government had gazetted the
Factories and Machinery Act 1967 which we later enforced in 1970 together with the
establishment of the Factory and Machinery Department.

Before its independence, Malaysia economic was broadly relying on the

agriculture and mining activities.


Early 1960s - policy to move towards industrialization.
New factories mushroomed - resulted in an increasing number of workers in the

manufacturing sector.
New machinery was brought in - workers were exposed to new kind of hazards

and risks.
The Factory and Machinery Act (FMA) in 1967 was enacted and enforced by the

Factories and Machinery Department.


Only encompassed factories and hence covered only 23% of the workforce.
It was prescriptive in nature and depended on command and control approaches
and improvement was heavily dependent on the effectiveness of enforcement

agencies.
To further strengthen the FMA 1967, a number of regulations were introduced in
1970.

1.3.1

Objectives

To provide for the control of factories with respect to:


- matters relating to the safety, health and welfare of person therein, and
- registration and inspection of the machinery and for matters connected
therewith.

1.3.2

Scope of Application

Mining.
Quarrying.
Manufacturing.
Construction.
Full exemption:
- any factory or machinery operated:
by the armed forces; or

by agreement with the Government by any visiting force


lawfully present in Malaysia; or
any machinery which is subject to the law relating to
merchant shipping.
Factory and machinery operated by the Federal and State
Governments are exempted from the provisions of the whole of:
- sections 34 - operation of factory,
- section 35 - building operations and works of engineering
construction,
- section 38 - register, and
- section 48 - fees.
Machinery other than steam boilers, steam receivers and lifts
operated by the Federal and State Governments are exempted from
the provisions of:
- sections 36 - installation of machinery, etc.,
- section 37 - application for registration,
- section 39 - moving or alteration of or addition to machinery to
be approved,
- section 40 - periodical inspections, and
- section 43 - machinery or factory no longer in use.

1.3.3

Salient Definitions

Interpretation of factory.
Building Operation
Certificate of Competency
Chief Inspector, Deputy Chief Inspector, Senior Inspector and

Inspector
Fired Pressure Vessel
Guard Rail
Hoist
Hoisting Machine
Licensed Person
Machinery
Maintain
Occupier
Office machines
Operator
Owner
Premises
Prime Mover
Steam Boiler
Transmission Machinery
Unfired Pressure Vessel
Work of Engineering Construction
Young person

1.3.4 Arrangements
5 Parts.
2 Schedules.
15 Regulations & Rules.
1.3.5 Salient Provisions

Part I Preliminary
Part II Safety, Health & Welfare
Part III Person-in-Charge & Certificate of Competency
Part IV Notification of Accidents, Dangerous Occurrences and

Occupational Diseases
Part V Notice of Occupation of Factory, and Registration and Use
of Machinery
General
1.3.6 Regulations and Rules
Factories

and

Machinery

(Certificates

of

Competency-

Examinations), 1970
- Regulation 1. Citation and commencement.
- Regulation 2. Interpretation.
- Regulation 3. Members of Panel of Examiners.
- Regulation 4. Appeal Board.
- Regulation 5. Examinations.
- Regulation. 6. Exemptions from examinations.
- Regulation 7. Conducting of Examinations.
- Regulation. 8. Failure in examination.
- Regulation. 9. Applications.
- Regulation. 10. Qualifications for examination of engineers.
- Regulation 11. Qualifying workshop service.
- Regulation 12. Engineering work of an allied nature.
- Regulation 13. Attendance at a technical college or equivalent
technical institution.
- Regulation 14. Other service.
- Regulation 15. Apportionment of steam and internal combustion
-

engine service.
Regulation 16. Approved training in thermal power stations.
Regulation 17. Restricted certificate of competency.
Regulation 18. Qualifications for examination of dredgemaster.
Regulation 19. Qualifications for examination of engine drivers.
Regulation 20. Examination syllabus.
Regulation 21. Grant of certificate of competency.
Regulation 22. Endorsement of certificate of competency.
Regulation 23. Duplicate certificate of competency.
Regulation24.Holder suffering from infirmity.
Regulation 25. Defaced certificate of competency.
Regulation 26. Suspension of certificates of competency
pending reference to Court or enquiry.

- Regulation 27. Suspension of drivers certificates of competency


in case of misconduct.
- Regulation 28. Cancellation of suspension of certificate of
-

competency.
Regulation 29. False representation.
Regulation 30. Lost certificate of competency.
Regulation 31. Fees. Regulation
32. Penalty.
Schedules:
First Schedule [Regulation 5(2)] Certificate of Competency
Form A and B.
Second Schedule

[Regulation

9(1)]

Application

for

Certificate of Competency Form A and B.


Factories and Machinery (Steam Boilers and Unfired Pressure
Vessel) Regulations, 1970
-

Part I General Conditions


Part II Steam Boilers
Part III Unfired Pressure Vessels
Part IV Miscellaneous
Schedules:
First Schedule [Sub-Regulation 7(2)(ii))] Codes, Rules and
Specification for Materials.
Second Schedule [Sub-Regulation 7(2)(iii))] Codes, Rules
and Specification for Design Method of Construction,
Workmanship and Tests.
Third Schedule [Sub-Regulation 7(2)(iii))] Codes, Rules
and Specification for Design Method of Construction,
Workmanship and Tests.
Fourth Schedule [Sub-Regulation 7(2)(iv)] Inspecting
Authorities.
Fifth Schedule [Sub-Regulation 7(3)] Certificate of
Inspecting Authority.
Sixth Schedule [Sub-Regulation 72(11)] Certificate of

Hydrostatic Test of a Steam Boiler/Unfired Pressure Vessel.


Factories and Machinery (Electric Passenger and Goods Lift)
Regulations, 1970
-

Part I General
Part II Design, Construction, Installation and Tests
Part III Maintenance
Part IV Miscellaneous
Schedule:
First Schedule [Sub-Regulation 6(a)] Particular of Electric
Lift.

Second Schedule [Sub-Regulation 31(6)] Register of Lifts.


Factories and Machinery (Fencing of Machinery and Safety)
Regulations, 1970 (Revised 1983)
-

Part I General Conditions


Part II Prime Movers
Part III Transmission Machinery
Part IV Driven Machinery
Part V Duties and Liabilities
Schedules:
First Schedule [Regulation 3] Guards.
Second Schedule [Regulation 3] Construction of Railings.
Third Schedule [Sub-Regulation 22(4)(a)(ii)] Protection
Hoods.
Fourth Schedule [Sub-Regulation 22(4)(f)] Flanges for
Straight Sided Adaptor and Sleeve Mounted Abrasive
Wheels where Protection Hoods are Fitted.
Fifth Schedule [Sub-Regulation 23(6)(a)(i)] Bridge Guard
for Mee Rollers.
Sixth Schedule [Sub-Regulation 23(9)(a)(i)] Platform
Guard for Horizontal Two Roll Mills used in the Manufacture
of Creep Rubber.
Seventh Schedule [Sub-Regulation 34(5)(a)(i)] Guards for
Fixed Ejectors.

Factories and Machinery (Person-in-Charge) Regulations, 1970


- Part I Machinery Required to be In-Charge of Persons Holding
Certificates of Competency
- Part II Training of Operators of Machinery
- Part III Miscellaneous
- Schedule:
Schedule [Regulation 20] Training to be given to
Operators of Certain Machinery.
Factories and Machinery (Safety, Health and Welfare)
Regulations, 1970
-

Regulation 1. Citation and commencement.


Regulation 2. Interpretation.
Regulation 3. Factory not to be used as family dwelling.
Regulation 4. Underground room not to be used for a factory.
Regulation 5. Machinery installed on any floor above the ground
floor.
- Regulation 6. Floors.
- Regulation 7. Access to place of work.

Regulation 8. Openings.
Regulation 9. Stairway.
Regulation 10. Fixed ladder.
Regulation 11. Catwalk, runway or gangway.
Regulation 12. Working at a height.
Regulation 13. Confined spaces.
Regulation 14. Dangerous liquids.
Regulation 15. Containers for volatile inflammable substances.
Regulation 16. Precaution against ignition.
Regulation 17. Precautions with regard to explosive or
inflammable dust, fume or substance.
Regulation 18. Hot pipes.
Regulation 19. Objects on inclines.
Regulation 20. Stacking of material.
Regulation 21. Safety provisions in case of fire.
Regulation 22. Fire fighting appliances.
Regulation 23. Cleanliness.
Regulation24. Space for each person.
Regulation 25. Ventilation.
Regulation 26. Air cleanliness.
Regulation 27. Partake of food or drink.
Regulation 28. Temperature.
Regulation 29. Lighting.
Regulation 30. Seating facilities.
Regulation 31. Work benches.
Regulation 32. Working clothes, personal protective clothing and
appliance.
Regulation 33. Dressing room.
Regulation 34. Drinking water.
Regulation 35. Water unsafe for drinking.
Regulation 36. Washing facilities.
Regulation 37. Sanitary convenience.
Regulation 38. First Aid.
Regulation 39. Duty of occupier.
Regulation 40. Compliance with any other written law.
Regulation 41. Penalty.
Schedules:
First Schedule [Sub-Regulation 23(c)(iii)] Classes,
Description or Parts of Factories.
Second Schedule [Sub-Regulation 29(e)] Standards of
Lighting.
Third Schedule [Sub-Regulation 32(c)] Processes
Requiring Provision of Suitable Goggles of Effective
Screens.
Fourth Schedule [Sub-Regulation 38(2)(i)] First-Aid Box.

Factories and Machinery (Administration) Regulations, 1970


(Revised 1983)
-

Regulation 1. Citation.
Regulation 2. Responsibilities of Chief Inspector.
Regulation 3. Records to be kept by Chief Inspector.
Regulation 4. Records to be kept by Senior Inspector.

- Regulation 5. Records to be kept by Inspector in charge of State


or Area.
- Regulation 6. Enquiries.
- Regulation 7. Prosecutions.
- Regulation 8. Service Fees.
- Regulation 9. Manner of payment.
- Schedules:
First Schedule [Sub-Regulation 6(2)] Notice to Assessor.
Second Schedule [Sub-Regulation 6(3)] Summons to
Witness.
Factories and Machinery (Notification of Fitness and
Inspections) Regulations, 1970
- Part I Notification of Operation of factory, Use of Machinery,
Accidents and Industrial Diseases
- Part II Certificate of Fitness
- Part III Inspection
- Part IV Inspection Fees
- Schedules:
First Schedule [Section 2 and Subsection 34(1) of FMA
1967 and Sub-Regulation 3(1)] Notice of Occupation of
Factory.
Second Schedule [Regulation 5] General Register.
Third Schedule [Section 42 of FMA 1967 and Regulation 6] Notice of Structural Changes.
Fourth Schedule [Subsection 36(1) of FMA 1967 and SubRegulation 7(1)] Application for Installation of Machinery
and Certificate of Fitness.
Fifth Schedule [Regulations 8 and 9] Accident Report and
Notice of Occurrence of Industrial Diseases.
Sixth Schedule [Sub-Regulation 10(2)] Certificate of
Fitness Steam Boilers, Unfired Pressure Vessels and
Hoisting Machines.
Seventh Schedule [Regulation 16] Notice of Regular
Inspection.
Eighth Schedule [Regulation 27] Notice of Prohibition and
Notice of Immediate Prohibition.
Ninth Schedule [Subsection 19(2) and Regulation 26]
Notice of Prohibition.
Factories and Machinery (Compounding of Offences) Rules,
1978
- Rule 1. Citation.
- Rule 2. Offer to compound.
- Rule 3. Payment.
- Schedule Offering Compound.
Factories
and
Machinery
(Compoundable
Regulations, 1978
- Regulation 1. Citation.

Offences)

- Regulation 2. Compoundable offences under the Act. Regulation


3. Amendment of P.U.(A) 10/70.
- Regulation 4. Amendment of P.U.(A) 32/70.
- Regulation 5. Amendment of P.U.(A) 43/70.
Factories and Machinery (Leads) Regulations, 1984
-

Part I Preliminary
Part II Permissible Exposure Limit
Part III Exposure Monitoring
Part IV Methods of Compliance
Part V Respiratory Protection
Part VI Protective Clothing and Equipment
Part VII Housekeeping
Part VIII Hygiene Facilities and Practices
Part IX Medical Surveillance
Part X Medical Removal Protection
Part XI Employee Information and Training
Part XII Signs
Part XIV Miscellaneous
Schedule [Sub-Regulation 21(1)] Respiratory Protection
against Exposure to Lead.

Factories and Machinery (Asbestos Process) Regulations, 1986


-

Part I Preliminary
Part II Permissible Exposure Limit
Part III Exhaust Equipment and Employee Protection
Part IV Housekeeping
Part V Handling and Disposal
Part VI Medical Examinations
Part VII Monitoring for Asbestos Dust Exposure
Part VIII Change Rooms, Lockers and Shower Facilities
Part IX Employee Information and Training
Part X Record Keeping
Part XI Miscellaneous

Factories and Machinery (Building Operations and Works of


Engineering Construction) (Safety) Regulations, 1986
-

Part I Preliminary
Part II General Provisions
Part III Concrete Work
Part IV Structural Steel and Precast Concrete Assembly
Part V Cleaning, Repairing and Maintenance of Roof, Gutters,
Windows, Louvres and Ventilators
Part VI Catch Platforms
Part VII Chutes, Safety Belts and Nets
Part VIII Runways and Ramps
Part IX Ladders and Step-Ladders
Part X Scaffolds
Part XI Demolition
Part XII Excavation Work
Part XIII Material Handling and Storage, Use and Disposal

Part XIV Piling


Part XV Blasting and Use of Explosives
Part XVI Hand and Power Tools
Part XVII - Miscellaneous

Factories and Machinery (Noise Exposure) Regulations, 1989


-

Part I Preliminary
Part II Permissible Exposure Limit
Part III Exposure Monitoring
Part IV Methods of Compliance
Part V Hearing Protection Devices
Part VI Audiometric Testing Programme
Part VII Employee Information and Training
Part VIII Warning Signs
Part IX Record Keeping
Part X Miscellaneous
Schedules:
First Schedule [Sub-Regulation 5(1)] Permissible
Exposure Limits.
Second Schedule [Sub-Regulation 20(4)(c)] Maximum
Allowable Octave-Band Signal Pressure Level for
Audiometric Test Rooms.

Factories and Machinery (Mineral Dust) Regulations, 1989


-

1.4

Part I Preliminary
Part II Permissible Exposure Limit
Part III Exposure Monitoring
Part IV Methods of Compliance
Part V Personal Protective Equipment
Part VI Housekeeping
Part VII Medical Examinations
Part VIII Changing Rooms and Lockers
Part IX Employee Information and Training
Part X Record Keeping
Part XI Warning Signs
Part XII Miscellaneous
Schedule [Regulation 2] List of Minerals.

Environment Quality Act 1971

Malaysia has set-up the act and regulation regarding on the safety and health
purposes. The FMA 1967, The OSHA 1994, The EQA 1971 has shown the
government commitment on safety and health and environmental. Based from
Malaysia Factory and Machinery Act 1967 There have significant from the Safety,
Health Welfare regulation that was establish in1970, as a part of Factory and

Machinery Act. From the Occupational aspect, the Occupational safety and Health
Act 1994 was develop to protect and taking care of the worker in the workplace.
Section 16 (OSHA 1994) was mentioned about duty of employer and schedule
1(OSHA 1994) was list down the toxic gases and chemical that may be dangerous to
the worker and protection media must be considered.

1.4.1

Environment and Humans

Health and safety refer to the avoidance of human illness and injury through efficient
use of the environments, a property functioning society, and an inner sense of wellbeing. Environmental health and safety is the art and the science of preventing
illness and injury through the positive environmental factors and the reduction of
potential physical, biological, and chemical hazards(Herman koren & Micheal
Bisesi,2002).To understand the relationship of the environment to human and
understand how to protect humans from illness and injury. Human impact on the
environment and the various approaches, including risk assessment,
epidemiological, economic, legal, and government aspects to evaluate and resolve
environmental problems. Environmental health problems and the economy have
significant relationship. The environment and the economy are not mutually
exclusive; together they form and integral system. As the public demands a higher
quality environment, the economy must adjust to meet this need (Herman koren &
Micheal Bisesi,2002).In the work environment, air including toxic gases normally call
air toxics. Risk assessment techniques were used to determine the environmental
hazards of toxic air emissions. A study was made to determine how much the air
toxics problems could be controlled by using existing EPA programs.
A new toxic strategy was then developed and put into place. It had three main parts:
(1) direct federal regulation of significant nationwide problems,
(2) state and local control of significant pollutant problems that were national in
nature, and
(3) an increased study of geographic areas that were subjected to particularly
high levels of air pollution.
Effects of Toxic Gases from process basically through the target organ and it become
a occupational diseases. Exposure to various toxic gases generated during welding
processes may produce one or more of the following effects:

Inflammation of the lungs (chemical pneumonitis)

Pulmonary edema (swelling and accumulation of fluids)


Emphysema (loss of elasticity of the lungs)( A very small percentage of

emphysema is caused by occupational exposure)


Chronic bronchitis
Asphyxiation

The major toxic gases associated with welding are classifies as primary pulmonary
and non pulmonary. Cleaning compounds because of their properties often require
special ventilation precautions following the manufacturers instructions. Degreasing
operations may involved chlorinated hydrocarbons; these liquids or vapors should be
kept away from molten weld metal or the arc. Also keep them away from ultraviolet
radiation from welding operations.
Pollution Prevention is one of the common issues due to control the air pollution and
prevent a occupational health. Pollution prevention is a variety of techniques with a
single objective- to achieve the most efficient use of resources to reduce or eliminate
waste. Pollution prevention reduces or eliminates the generation of pollutants waste,
minimizes or eliminates the use of toxic materials in manufacturing, substitute less
harmful materials for toxic ones, reduces the chance of moving pollutants to a
different media (e,g air to water), and maximizes the efficient use of resources.
Environmental Health Problems and the law gazette is the basic requirement for the
society for protection. The environmental health practitioner works for a unit of the
local, state, or federal government; or if working for industry, is constantly dealing
with various levels of government.
Law and Public Health working and enforce some of the rule by define the policies.
Public health policies are important. Environmental health practitioner should have
some understanding of the law to function in their capacity as either industry leaders
or government officials. Law is the rule of civil conduct prescribed by supreme power
in a state commanding what is right and forbidding what is wrong.
1.4.2 Environment, Human Health and Sustainable
The meaning of the word environment is elastic.(Pim Martens and Anthony J. Mc
Micheal, 2002) Concerns about environmental problems became evident in the midtwentieth century, as a consequences of pollution brought about rapid industrial
development. (E.N. Laboy-Nieves et all, 2009)

A major environmental upheaval such as climate change is likely to have significant


health effects (Pim Martens and Anthony J. McMicheal, 2002) Environmental
education plays a major role in achieving changes in attitudes that contribute to
environmental awareness in society. The average person is usually somewhat
informed about environmental problems. However, t many fully understand the basic
of these problems and how to deal with them ( E.N. Laboy-Nieves et all,2009).
Alamar and Murali(2009) noted that for sustainable development to be meaningful ,
over consumption has brought under control. Education for sustainable development
should be obligatory for all young people, as this represent the primary vehicle for
catalyzing the cultural changes required for survival.
Toxicokinetics refers to the fate or more specifically, the absorption, distribution,
biotransformation, and elimination of toxic agents or metabolites (Herman koren and
Micheal Bisesi,2002. Morton Lipmann,1992) Toxic agents enter and absorb into the
body via three major modes and routes of entry;
(1) inhalation into the respiratory system
(2) ingestion into the gastrointestinal system; and
(3) contact with the dermal (skin) system
Inhalation brings chemicals into contact with the lungs. Most of the inhaled chemicals
are gases or vapors generated from volatile liquids. Absorption in the lungs can be
high, both because of the surface area and of the blood vessel in close proximity to
the exposed surface of the respiratory system. For clearly identification the factor that
contributed to the human, the risk assessment must be conduct and risk
management approach must be established.

1.5

Occupational Safety and Health Management System


Organization worldwide strives to develop their management system for

business functions, ranging from quality and environment to safety, information


security and social responsibility. For the latest decade a considerable amount of
these efforts has been concentrated on introducing and applying standards such as
the ISO 9001 and ISO14001 (Eriksson and Hansson, 2006). Numerous

manufacturing and service organization are considering integrating their respective


occupational and safety management and audit systems into the International
Organization for Standardization (ISO) based audit driven quality management
system (ISO 9000) or environmental management system (ISO 14000) models
(Dyjack et al, AIHA, 1998). The need for Integrated Management System (IMS) often
arises as a result of decisions to implement Environmental Management System
(EMS) and occupational safety and health management system in addition to a
Quality Management System (QMS). Thus the development of standard from various
sources emerged. A good example is the series of the OSHAS 18001: 2007 and
OSHAS 18002:2008. The OSHAS 18001 is compatible with ISO 9001:2000 (Quality)
and the ISO 14001:1996 (Environmental) management system standards, which can
facilitate the integration of quality, and environment OSH management system
individual organization (BSI, OHSAS 18001:1999). Malaysia has also introduced the
Malaysian standard and the latest is MS ISO 9001: 2008 and MS 1722: 2003.
Malaysian Standard also emphasizes on the employer understanding and take the
opportunity to improve on the quality aspect.
People worldwide face occupational safety and health hazards daily. Over the
years, the global occupational hygiene community has worked diligently to develop
ways to protect workers, in workplaces of all types and sizes. Standards and
guidelines were developed to help the employers and employees to develop their
OSH Management system. A standard is an agreed, relatable way of doing
something. It is published document that contains a technical specification or other
precise criteria designed to be used consistently as a rule, guideline, and definition.
Standards help to make life simpler and increase the reliability and the effectiveness
of many goods and services. It is created by bringing together the experience and the
expertise of all interested parties such as the producers, sellers, buyers, users and
the regulators of particular material, product, process or service. Standards are
designed for voluntary use. However, laws and regulations may refer to certain
standards and make compliance with them compulsory (British Standard, 2009). In
this study certain standards were referred based on the Malaysian standard
requirements. MS 1722: Part 1: 2005, Occupational Safety and Health Management
Systems-Part 1: Requirements was establish to guide the company on safety and
health aspect. MS 1722: Part 2: 2003, OSH Managements Systems-Part 2:
Guidelines was developed to give the understanding to the company and guidance to
employer to build up the Occupational Management System. From the environment

aspect, the study also will look at the MS ISO 14001: 2004, Environment
Management System (EMS) Requirements with Guidance for use.
Main Elements of Malaysian OSH-MS (MS 1722:2003)

Adapted from ILO-OSH 2001,

Based on the OSHA Act 1994,

Has five main elements of Deming Wheel (PDCA),

These elements are namely;

Policy,

Organizing,

Planning and implementation,

Evaluation, and

Action for improvement

1.6

Safety and Health and Environment Culture

The greatest challenge in developing OSH programs that are feasible in developing
nations, as well as in small and medium industries (SMIs) where resources and
technical expertise may be very limited (WHO Gohnet, 2009). The health status of
workers in small companies has been noted to be relatively poor (Yamataki et. al.,
2006). There has been increased interest in trying to understand how management
practices and other organizational factors impact workplace safety. Current trends in
society and work organization are creating new risks and putting new demands on
occupational safety and health research.

1.6.1

Higher Learning Institutions

Higher Learning Institutions (HLIs) can and should play a more active role in
supporting national OSH efforts through the provision of pre employment education
and training on OSH. It can work closely with industry, workplaces, NCOSH, DOSH,
NIOSH etc. to integrate OSH into the academic syllabuses of relevant courses such
as engineering, the sciences, medicine or architecture. Doing so will engender a
strong preventive work culture among students from a young age. These institutions
can also spearhead research into the relevant OSH areas, in partnership with the
NCOSH. It can also act as a forum for discussion and sharing of OSH information.

Figure 1.6 show the roles of various agencies in OSH and figure 1.7 show the safe,
healthy and productive human capital. OSH

Promotion

Figure 1.6: The Roles of Various Agencies in OSH

Figure 1.7: The OSH culture way to building a safe, healthy and productive pool

of human capital The Malaysian Model

Activity:
1. Define occupational safety and health in accordance with acceptable
international practices.
2. Discuss the objective of the OSHA 1994 and FMA 1967 respectively.
3. Identify the sectors that are listed in the OSHA and the related accident in
this sector.
4. Discuss historical development of occupational safety and health
internationally and locally.
5. Please find the Occupational Safety and Health Management System
Malaysian Standard and discuss what are the roles of the stakeholders to
make sure the system can be implemented.
6. Discuss what are the requirements of Inculcating Safety Culture and
describe the importance of the document for drive Malaysia in competitive
edge.
7. Discuss the University role to train a safety and health personnel based on
Occupational Safety and Health Malaysian Plan 2015 (OSH-MP 15)

REFERENCES
Factories & Machinery Act 1967 & Regulations (Latest Amendments August 2007).
MDC Publisher Sdn. Bhd.
Manuele. F. A. 2003. On the Practise Safety. John Wiley & Sons Inc.
Occupational Safety & Health Act 1994 & Regulations MDC Publisher Sdn. Bhd.
Ridley. J & Channing. J. 2003. Safety at Work. 6th. Edition. Butterworth-Heinemann

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