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STUDY GUIDE

FACULTY OF SCIENCE AND TECHNOLOGY

XBLR3103
OSH Legislation

Copyright Open University Malaysia (OUM)


STUDY GUIDE XBLR3103 OSH Legislation

FACULTY OF SCIENCE AND TECHNOLOGY

STUDY GUIDE
XBLR3103
OSH Legislation

First Edition (January 2012)

Prepared by Ir Nimi Ahmad

Developed by Centre for Instructional Design and Technology


Open University Malaysia

Copyright Open University Malaysia (OUM)


All rights reserved. No part of this work may be reproduced in any form or by any means
without the written permission of the President, Open University Malaysia.

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Contents
Course Introduction....................................................................................... 5
Course Synopsis ........................................................................................ 5
Course Aims .............................................................................................. 5
Course Outcomes ...................................................................................... 5
Course Load .............................................................................................. 6

Course Requirements.................................................................................... 6

Course Resources and Requirements ......................................................... 6


Set Textbook(s).......................................................................................... 6
Essential References ................................................................................. 6
DOSH Digital Library Resources ............................................................... 7

Assessment .................................................................................................... 7
Assessment Method .................................................................................. 7
Assignment ................................................................................................ 7
Final Examination ...................................................................................... 9
Late Submission of Assignment ................................................................. 9

Weekly Study Guide .................................................................................... 11


Week/Topic
1: Factories and Machinery Act 1967............................................... 11
2: Regulations Related to Safety Under FMA 1967 Part 1............ 15
3: Regulations Related to Safety Under FMA 1967 Part 2............ 20
4: Regulations Related to Health Under FMA 1967 ......................... 26
5: Other Regulations under FMA 1967 ............................................ 34
6: Occupational Safety and Health Act (OSHA) 1994 ...................... 38
7: Occupational Safety and Health Regulations (Part 1).................. 43
8: Occupational Safety and Health Regulations (Part 2).................. 48
9: Occupational Safety and Health Regulations (Part 3).................. 54
10: (i) Comparison between OSHA 1997 and FMA 1967
(ii) Other Safety Legislation ......................................................... 61

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COURSE INTRODUCTION

Course Synopsis

This course introduces learners to the requirements of the OSH legislations in


Malaysia. It will guide students on the scope of application of the law as well
as how to interpret the requirements of the law, to comply with its provisions
and to differentiate the requirements of various OSH legislations. In addition,
learners will be able to identify the requirements that are applicable to their
workplaces and to suggest the necessary action to be taken to comply with
the said requirements.

At the end of the course, learners will be required to demonstrate their


understanding on OSH legislations by preparing a workplace assignment
relevant to this subject.

Course Aims

The broad aims of this course are to:


1. Introduce learners to the OSH legislations;
2. Develop understanding amongst learners on the difference between
OSHA 1994 and FMA 1967;
3. Equip them with sufficient information related to the provisions of OSHA
1994 and FMA 1967; and
4. Ensure learners can demonstrate the required knowledge gained on OSH
legislations at workplaces.

Course Outcomes

At the completion of this course, it is expected that you will be able to:
1. Explain OSH legislations in Malaysia;
2. Explain the provisions spelled out under OSH legislations and their scope
of applications;
3. Differentiate the provisions under OSHA 1994 and FMA 1967;
4. Explain the various Regulations that are being spelled out under both
Acts;
5. Identify the Occupational Safety and Health and Factories and Machinery
Regulations that are applicable to their workplaces; and
6. Suggest the necessary action to be taken in complying to OSH

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legislations (either the OSHA 1994 or FMA 1967 and all the Regulations
made thereunder).

Course Load

It is a standard OUM practice that learners accumulate 40 study hours for


every credit hour. As such, for a three-credit hour course, you are expected to
spend at least 120 hours of learning. Table 1 gives an estimation of how the
120 hours could be accumulated.

Table 1: Allocation of Study Hours

Activities No. of Hours


Reading supplementary notes and completing study questions 60
Attending 4 tutorial sessions (2 hours for each session) 8
Engage in online discussions 17
Completing assignment(s) 20
Revision 15
Total 120

COURSE REQUIREMENTS
This course is a prerequisite before learners start their practical training in
schools.

COURSE RESOURCES AND REQUIREMENTS

Essential reading

Occupational Safety and Health Act 1994(OSHA) (Act 514) and its
Regulations
Factories and Machinery Act 1967 (OSHA) ( Act 139) and its Regulations

Further reading

Guidelines on Occupational Safety and Health Act 1994 (Act 514),


Department of Occupational Safety and Health Malaysia, JKKP GB (BI)
1/2006.

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Guidelines on Notification of Accident, Dangerous Occurrence, Occupational


Poisoning and Occupational Disease (NADOPOD) 2005, Department of
Occupational Safety and Health Malaysia.

DOSH digital library resources

You can download the softcopy of the OSH legislations, Industry Codes of
Practices and guidelines from the DOSH Malaysia website
http://www.dosh.gov.my.

ASSESSMENT

Assessment Method

The assessment method and evaluation distribution for this course can be
listed as follows:

(a) Continuous assessment:


Assignment 30%

(b) Final Examination 70%

TOTAL 100%

Assignment

Sample Assignment Question


Star Hotel which is located at Port Dickson, Negeri Sembilan, is a 4-star
resort hotel with a total of 700 workers. This resort hotel is a new hotel. It
comprises of the main building which houses the 150 guest rooms, hotel
lobby, resort caf and restaurant, and operation office. The housekeeping
department and laundry department which are individually housed are
located at the west wing of the 5-storey main building, whilst the engineering,
human resource and finance offices are located at the east side of the main
building, each department with its own building.

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The services and facilities that are available at this hotel for its guests
include:
(i) Laundry
(ii) Gym
(iii) Spa and Sauna
(iv) Swimming Pool
(v) Sports centre
(vi) 18 hole golf course
(vii) Restaurant and caf

In managing its day-to-day operation, the hotel is divided into the following
departments:
(i) Housekeeping
(ii) Laundry
(iii) Engineering /Maintenance
(iv) Landscaping
(v) Food and Beverage
(vi) Human Resource
(vii) Finance
(viii) Operation
(ix) Carpentry

Some machinery that are used at this hotel include:


Steam boiler Two (2) Boiler House
Steam pressing Four(4) Laundry
Steam iron Fifteen (15) Laundry
Dry cleaning Two (2) Laundry
Washing machines Six(6) Laundry
Boiler House and
Unfired Pressure Vessel (Air Compressor ) Four(4)
Engineering
Unfired Pressure Vessel (Water Softener) one(1) Boiler House
Unfired Pressure Vessel (Sand Pressure Filter) Two(2) Swimming Pool
Table circular saws Two(2) Carpentry
Grass cutting machine Six(6) Landscaping
Lifting machines (Areal Platform Lifter) Two(2) Engineering

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The list of chemicals stored at the hotel ranges from detergents, cleaning
chemicals, lubricants, grease, fertilisers, pesticides to paints which are widely
used by the housekeeping, laundry, engineering, food and beverage,
carpentry and landscaping departments.

The management of this resort is aware of the need to comply with the OSH
legislation but is unsure on how and what should be done to comply with
those provisions. Thus, the management has sought your advice.

Suggest to the Star Hotel management the provisions either under FMA 1967
or OSHA 1994 that are applicable to this hotel. Outline and propose what
they must do to comply with those provisions.

Final examination

Duration of exam: 3 hours


Topics covered: Topic 1 to 10
This 3-hour paper will be divided into THREE parts:
Part A 5 short questions;
Part B Answer 2 out of 3 questions; and
Part C Answer 1 out of 2 questions.
For sample final examination questions, please go to TSDAS Digital Library,
OUM.

Late submission of assignment


As a learner, you are required to submit assignments according to the dates
in myINSPIRE unless you have obtained permission from the tutor to submit
at a later date.

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Weekly Study Guide

Week 1
Topic 1: Factories and Machinery Act 1967

Readings

You are required to review and read the contents of the Factories and
Machinery Act 1967 in order to understand its provisions.

Learning Outcomes

By the end of this topic, you should be able to:


1. Explain the aims for the promulgation of Factories and Machinery Act
1967;
2. Define various definitions as stated in the Factories and Machinery Act
1967;
3. List down and briefly explain the Parts and its provisions as spelled out
under the Act;
4. Discuss the powers of Inspectors;
5. Apply knowledge gained in complying to the provisions of the said Act;
6. Determine the specific requirements in each Section for its
implementation in the workplace; and
7. State the penalties imposed for failure to comply with the Act.

Study notes

This Factories and Machinery Act 1967 is enforced by the Department of


Occupational Safety and Health (DOSH) formerly known as the Factories and
Machinery Department before 1994. The promulgation of this Act was
necessary as the Machinery Ordinance 1953 which was enforced till 1967 did
not address provisions related to health issues in the workplace. Thus, this
Act improvises the weaknesses of the Machinery Ordinance 1953 by
including provisions related to health and welfare of workers.
The Act is applicable to industrial sectors such as factories, mining and
quarrying and construction activities.

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In safeguarding workers safety and health, it also contains provisions on the


control of machinery that will be used and the indoor environment that
workers will be exposed to.

In the Act, the number used for each provisions are called Section. For
instance, Section 2. Interpretation of factory.

Study questions

1. What is the Factories and Machinery Act (FMA) 1967?

2. What is the interpretation of the following under the Act?


(a) Amusement Devices
(b) Building Operation
(c) Chief Inspector
(d) Dangerous Occurrence
(e) Factory
(f) Young Person
(g) Machinery
(h) Occupier
(i) Certificated Machinery
(j) Unfired Pressure Vessel
(k) Fired Pressure Vessel
(l) Steam Boiler
(m) Works of Engineering Construction

3. How many Parts and Sections are there under this Act?

4. BEST Company is a bakery shop. It employs seven workers who work


daily from 8 am to 5 pm. The machines installed at this shop are as
follows:
(a) Two (2) units of mixing machine
(b) One (1) unit of blending machine
(c) One (1) unit of cake cutting machine
(d) Two (2) units of oven

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(e) One (1) unit of packing machine


Is this company a factory? Why?

5. One of the provisions spelled out under Part II of this Act is on the
duties of persons employed. List down and briefly explain these duties.

6. What are the provisions spelled out under Part III of the Act?

7. Who is the enforcement authority named under this Act?

8. What are the Powers of Inspector?

9. Part II: Safety, Health and Welfare, Section 24, spells out the provisions
related to personal protective clothing and appliances. What are the
personal protective equipment (PPE) and appliances listed under this
Section?

10. Part II: Safety, Health and Welfare, Section 25, spells out the provisions
related to welfare. What are the provisions?

11. Part III: Persons-In-Charge and Certificates of Competency spells out


the provisions of persons-in-charge. Explain these requirements.

12. Who was vested the power to make Regulations? State the Section
number.

13. List down four (4) powers of the Inspector.

14. List down four (4) notifiable occupational diseaseas spelled out under
Part IV: Notification of Accident, Dangerous Occurrence and Dangerous
Diseases of the FMA 1967.

15. A tower crane has collapsed while lifting construction materials from the
ground to the 13 th floor of a building under construction. Based on the
provisions of Part IV: Notification of Accident, Dangerous Occurrence
and Dangerous Diseases of the FMA 1967, is this incident an accident
or dangerous occurrence? Must it be notified to the Chief Inspector?

16. Mastina who had sprained her ankle while working in Factory WSW was
given a medical leave certificate for 4 days by the doctor. Must this
incident be notified to the Chief Inspector?

17. Must all building operation and works of engineering construction be


registered (serve a notice to the Inspector informing them of its
operation) under this Act?

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18. When must an occupier notify the Chief Inspector in the event of an
accident? Name the Section number.

19. The Factory Inspector from DOSH is conducting a complaint


investigation at DeliCookies factory. The Inspector want to enter a room
at the production area but the Factory Manager is reluctant to open the
door. Can the said manager be charged under the Act? Why? State the
Section number. What would be the penalty?

20. Are there any exemptions spelled out in this Act?

21. How many Schedules are there under this Act? What are the
Schedules?

22. What is the maximum penalty that can be imposed on an occupier for
failure to obtain a certificate of fitness before operating a machine?

23. What is your overall opinion about the provisions of this Act? Does the
provisions under this Act detailed out the way how we could comply
with the said provision?

Frequently asked questions

1. Who enforces the Factories and Machinery Act 1967 and its
Regulations made thereunder?

Answer: The Officer for the Department of Occupational Safety and


Health who is also called the Factories and Machinery Inspector under
the FMA 1967.

2. Is the Factories and Machinery Act 1967 applicable to all workplaces in


Malaysia?

Answer: No. This Act is ONLY applicable to industrial sectors such as


factories, mining and quarrying and construction activities.

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Week 2
Topic 2: Regulations Related to Safety Under FMA
1967 Part 1

Readings

You are required to review and read the contents of the:


1. Factories and Machinery (Steam Boilers and Unfired Pressure Vessels)
Regulations 1970
2. Factories and Machinery (Persons- in-Charge) Regulations 1970
3. Factories and Machinery (Electric Passenger and Goods Lift)
Regulations 1970
4. Factories and Machinery (Notification, Certificates of Competency and
Inspection) Regulations 1970

Learning Outcomes

By the end of this topic, you should be able to:


1. Describe the requirements spelled out under the (Steam Boilers and
Unfired Pressure Vessels) Regulations 1970;
2. List down the types of machinery and person in charge of the said
machinery as spelled out under the (Persons-in-Charge) Regulations
1970;
3. Describe the requirements spelled out under the (Electric Passenger and
Goods Lift) Regulations 1970;
4. Describe the requirements spelled out under the (Notification, Certificates
of Competency and Inspection) Regulations 1970;
5. Explain the types of inspection as spelled out under the (Notification,
Certificates of Competency and Inspection) Regulations 1970;
6. Demonstrate knowledge gained in complying with the provisions of the
said Regulations;
7. Determine the specific requirements in each Regulations for its
implementation in the workplace; and
8. State the penalties imposed for failure to comply with the Regulations.

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Study notes

These safety regulations made under FMA 1967 are aimed at controlling the
operations of machinery by addressing the requirements of persons operating
the machines and approvals for machinery to be installed and operated. The
(Steam Boilers and Unfired Pressure Vessels) Regulations 1970 were the
first Regulations passed under the Act. The regulations prescribe the
requirements spelled out under the FMA 1967.

As the Steam Boiler is one of the machine spelled out under the Act which
requires competent worker to operate and supervise its operation, the
(Persons- in-Charge) Regulations 1970 were introduced to prescribe those
requirements pertaining to the safe operation of machinery.

The second Regulations that were made under FMA 1967 Section 56(1) were
the (Electric Passenger and Goods Lift) Regulations. Similar to the (Steam
Boiler and Unfired Pressure Vessels) Regulations, these regulations
prescribe the detail requirements in the safe design and operation of a lift.

The (Notification, Certificates of Competency and Inspection) Regulations


spells out the detail requirements on matters related to machinerys
notification, certificates of competency and inspection. These Regulations
clarifies the general provisions on operation and maintenance of machinery
as spelled out under the FMA 1967.

Study questions

1. Factories and Machinery (Steam Boilers and Unfired Pressure Vessels)


Regulations 1970
(a) This Regulations is applicable to what machinery? Can such
machinery be exempted by the Chief Inspector? State the
Regulation number.
(b) What is the essential fittings for an unfired pressure vessel?
(c) Mr Mahmod wants to import a steam boiler which will be installed
in his meehoon factory. Which requirement and Regulation
number must he comply with?
(d) Tee wants to fabricate an unfired pressure vessel. Which
requirement under these Regulations must he comply with?
(e) What is the requirement for a boiler house?
(f) An incident has occurred where an unfired pressure vessel had
exploded due to over pressure. What must the owner do under
these Regulations?

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(g) Sam Chin wants to repair his steam boiler. Which requirement
under this Regulations must he comply with?
(h) What is the process of pressure vessel registration as stated in
these Regulations?
(i) Outline the requirements of these Regulations.
(j) How many Schedules are there under these Regulations? List
down the Schedules.
(k) What are the fees that must be paid to DOSH for the hydrostatic
test performed on a 5-litre unfired pressure vessel?

2. Factories and Machinery (Persons-in-Charge) Regulations 1970


(a) List down and explain briefly the machinery that requires a
person-incharge.
(b) List down four (4) machineries that are exempted by the
Regulations to have a person-in-charge to operate it.
(c) List down two (2) duties of the Visiting Engineers.
(d) Under Regulation 20, training must be given to operators of
certain machineries. List down four of these machineries. How
long is the training?
(e) Company SS plans to purchase a steam boiler with a heating
surface capacity of 1,500 square feet. Based on the said
Regulations, who can take charge of the boiler?

3. Factories and Machinery (Electric Passenger and Goods Lift)


Regulations 1970
(a) What are the legal requirements that must be taken by the lift
owner in obtaining DOSH approval for the installation of a lift?
(b) What are the lift owners responsibilities for the maintenance of
the lift?
(c) Who is the competent person under this Regulations? What are
his responsibilities?
(d) List down the Parts of these regulations that shall apply to all electric
passenger and goods lifts.
(e) Part II of these regulations contains requirements on the design,
construction, installation and test. In general, explain the
provisions of this Part.
(f) During the annual inspection conducted by the Factory
Inspectorate from DOSH, lift no.1 bearing the registration number

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PMA 3344, was without any notice on the information of person to


be contacted in the event of any lift breakdown posted at the
ground floor landing. Is the lift owner liable for any offence under
the Regulations? Can he be charged? What is the penalty?

4. Factories and Machinery (Notification, Certificates of Competency and


Inspection) Regulations 1970
(a) Encik Mutu wants to notify the occurrence of an accident at his
factory. Does he need to fill-up any form? Which form must he fill?
(b) Ah Choo has been diagnosed by the doctor to have suffered
hearing impairment due to noise exposure at theSun Factory.
What should the occupier of Sun Factory do to comply with these
Regulations?
(c) Part III of this Regulations spells out the types of inspection that
can be performed by the Factory Inspectorate. List down and
explain briefly these inspections.
(d) The owner of an unfired pressure vessel had recently received a
notice of intended regular inspection from the Factory
Inspectorate of DOSH. Briefly explain how should he prepare his
machinery for the regular inspection as stated under the
Regulations.
(e) A hoisting machine has been damaged by a recent fire at Liftty
Factory. The owner, Encik Abdool, wants to repair this hoist. What
should he do in accordance with the requirements of the
Regulations?
(f) How much must Wood Factory pay for the inspection fees
conducted by the Factory Inspector? His factory working floor
area is approximately 4,550 square metres.

Frequently asked questions

1. Factories and Machinery (Steam Boilers and Unfired Pressure Vessels)


Regulations 1970
(a) Is an air compressor receiver an unfired pressure vessel?
Answer : Yes, because it is an enclosed vessel under pressure
above atmospheric pressure.

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2. Factories and Machinery (Persons-in-Charge) Regulations 1970


(a) Can a boilerman be in charge of more than one steam boiler in a
factory?
Answer: Depends on the heating surface of the boiler and the
grade of the boilerman.

3. Factories and Machinery (Electric Passenger and Goods Lift)


Regulations 1970
(a) The Ministry of Transport wants to install two (2) electric
passenger lifts at their proposed office building. Must the ministry
comply with the (Electric Passenger and Goods Lift) Regulations
1970?
Answer: Yes, as the Regulations apply to any electric passenger
and goods lift installed in any premise.

4. Factories and Machinery (Notification, Certificates of Competency and


Inspection) Regulations 1970
(a) According to the requirements of these regulations, regular
inspection of the certified machinery must be made every 15
months. Can the inspection be extended to 36 months?
Answer: Yes, by the Chief Inspector based on his discretion. Refer
to Regulation 14.

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Week 3
Topic 3: Regulations Related To Safety Under FMA
1967 Part 2

Readings

You are required to review and read the contents of the :


1. Factories and Machinery (Fencing of Machinery and Safety) Regulations
1970
2. Factories and Machinery (Safety, Health and Welfare) Regulations 1970
3. Factories and Machinery (Building Operations and Works of Engineering
Construction) Regulations 1989

Learning Outcomes

By the end of this topic, you should be able to:


1. Explain the requirements spelled out under the (Fencing of Machinery
and Safety) Regulations 1970;
2. Explain the types of machinery that require guarding under the (Fencing
of Machinery and Safety) Regulations 1970;
3. Explain the requirements spelled out under the (Safety, Health and
Welfare) Regulations 1970;
4. Explain the requirements spelled out under the (Building Operations and
Works of Engineering Construction) Regulations 1989;
5. Demonstrate knowledge gained in complying to the provisions of the said
Regulations;
6. Determine the specific requirements in each Regulations for its
implementation in the workplace; and
7. State the penalties imposed for failure to comply with the Regulations.

Study notes

This topic is a continuation of Week 2 topic on Safety Regulations under FMA


1967.

The (Fencing of Machinery and Safety) Regulations is the third Regulation


made under FMA 1967. It was revised in 1983. These Regulations spelled

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out detail requirements on the general provisions under Section 15:


Dangerous parts of Machinery, of FMA 1967.

Requirements related to safety, health and welfare which was spelled out
under FMA 1967 are being detailed out under the (Safety, Health and
Welfare) Regulations 1970. This is the fifth Regulation made under FMA
1967.

In 1989, the thirteenth Regulation under FMA 1967, (i.e. the Building
Operations and Works of Engineering Construction Regulation) was
enforced. These Regulations which are applicable to building construction
and works of engineering construction industries spelled out detailed
requirements on the execution of the general provisions as provided under
the FMA 1967.

Study questions

1. Factories and Machinery (Fencing of Machinery and Safety)


Regulations 1970
(a) In accordance with these Regulations, every dangerous part of
every driven machinery, prime mover and transmission machinery
shall be securely fenced. Define driven machinery, prime mover
and transmission machinery.
(b) Encik Shan wants to install a guard rail around a floor opening in
his factory. How should the construction of this guard rail be in
terms of materials, size and dimension?
(c) Which part of the machinery must be effectively fenced?
(d) List down four (4) examples of a driven machinery
(e) Om Chan wants to ensure that the exhaust gas for the prime
mover complies with the (Fencing of Machinery and Safety)
Regulations 1970. What must he do?
(f) The engineering department is installing a sprocket and chain
drive at a height of 4 feet. Must it be guarded? Which Regulation
number is applicable?
(g) An employee has injured his arm while operating a machine
without a guard. Can his employer be charged under these
Regulations? Name the Regulation number.
(h) Which Regulations are compoundable offences by the Chief
Inspector or Deputy Chief Inspector ?
(i) Briefly outline your understanding of these Regulations.

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2. Factories and Machinery (Safety, Health and Welfare) Regulations 1970


(a) Encik Kastor wants to install a few of his packing machines on the
first floor of his double-storey factory building. Can he do that
based on these Regulations?
(b) Workers of Syarikat Climb will be doing some roof repairing work
at its factory premise. The height of the roof is approximately 10
feet. Based on these Regulations, what safety measures must be
taken before performing the work?
(c) A tank cleaning work will be carried out by Factory EM. This tank
has been declared as a confined space under these Regulations.
List down the safety requirements that must be adhered to before
the commencement of work.
(d) Interior Specialist Company is designing the space area for Mas
Factory.What would be the requirement for space for each person
under these Regulations?
(e) Briefly explain the provisions on personal protective equipments
as spelled out under these Regulations.
(f) Based on Regulation 23, cleanliness, a factory must be kept
white-washed or colour-washed and the white-washing or colour-
washing must be done at least once every twelve months. List
down four (4) class, description, parts of factory that are exempted
from this Regulation.
(g) Missy, the Safety Officer for Factory KKS, wants to know the
intensity of illumination standard (the standard for lighting) for her
factory. List down the standard of lighting for her organisation.
(h) What is sanitary convenience as defined under FMA 1967? Kilang
Loma will be employing 20 male workers and 10 female workers
to work as machine operators in the factory. What would be the
arrangement for their sanitary convenience?
(i) Kilang Loma also plans to make available first aid treatment for all
employees. Based on the requirements of the Regulation, advise
the firm on this provision.
(j) A few drums of volatile flammable chemicals were found not
securely closed when not in use. Is this an offence under these
Regulations? What would be the penalty?
(k) How many Schedules are there under these Regulations? List
down the Schedules.
(l) Briefly outline your understanding of these Regulations.

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3. Factories and Machinery (Building Operations and Works of


Engineering Construction) Regulations 1989
(a) Name the Minister who was responsible for these Regulations.
Which Ministry do these Regulations come under?
(b) Under which Section of the FMA 1967 was the power given to the
Minister to make these Regulations?
(c) List down the application (what type of activity must comply to
these Regulations) of these Regulations?
(d) How many Parts are there under these Regulations? List down
four (4) Parts of those Parts.
(e) What is the definition for the following as stated under these
Regulations:
(i) Designated Person
(ii) Main Contractor
(iii) Scaffold
(iv) Site Safety Supervisor
(v) Plant
(f) What is the provision of Regulation 5?
(g) What other Regulations under the Factories and Machinery Act
1967 are applicable in the building construction and works of
engineering construction activities?
(h) What are the duties of a Site Safety Supervisor and how long
must he spend performing work related to site safety?
(i) What are the requirements of a safety committee spelled out
under these Regulations?
(j) Syarikat Construct will be constructing several two-and-a-half
storey shop lots. What would be the requirements for safe access
as spelled out under these Regulations?
(k) What types of personal protective equipment to be worn by
workers are spelled out under these Regulations? List down the
equipment and what hazards they are meant to be protective
against.
(l) Can a wooden ladder be used in a construction site?
(m) Mr Alai wants to know the requirements on usage of vehicles in a
construction site for the movement of materials. Please advise
him.

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(n) Syarikat Construct will be performing its excavation and demolition


work next week. The relevant parties in the company want to
know which requirements under these Regulations must they
adhere to. Must the work be supervised? Advise them.
(o) At the construction site of ABM Company, the scaffolding, under
the direct supervision of a designated person, was found to be not
erected. Has ABM committed an offence under these
Regulations? Name the Regulation number. What would the
penalty be?
(p) Outline the requirements on safety belt as spelled out under these
Regulations.
(q) List down the hand-and-power tools as stated in these
Regulations.
(r) Briefly outline your understanding of these Regulations.

Frequently Asked Questions

1. Factories and Machinery (Fencing of Machinery and Safety)


Regulations 1970
(a) Selamat has purchased a cutting machine without a guard to
prevent contact with the sharp blade. He wants to construct the
guard on his own. What is the specification of a guard?
Answer: Refer to Schedule 1 of these Regulations for the
specification.

2. Factories and Machinery (Safety, Health and Welfare) Regulations 1970


(a) Regulation 12 requires the wearing of a safety belt while working
at a height of more than 10 feet where a person may fall from that
height. Does that mean that if there is a possibility for a person to
fall from a height less than 10 feet, we do not have to provide him
with a safety belt?
Answer: No. We still have to provide him with a safety belt even if
he is liable to fall at a height lower than 10 feet. This is based on
the concept of self-regulations stipulated in OSHA 1994.

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3. Factories and Machinery (Building Operations and Works of


Engineering Construction) Regulations 1989
(a) Must Company Murni, a construction company, register its
construction project site before engaging in any site activity?
Answer: Yes. This is in compliance to the requirements of the
Factories and Machinery (Notification, Certificate of Fitness and
Inspection) Regulations 1970.

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Week 4
Topic 4: Regulations Related to Health Under FMA 1967

Readings

You are required to review and read the contents of the:


1. Factories and Machinery (Lead) Regulations 1984
2. Factories and Machinery (Asbestos Process) Regulations 1986
3. Factories and Machinery (Noise Exposure) Regulations 1989
4. Factories and Machinery (Mineral Dusts) Regulations 1989

Learning Outcomes

By the end of this topic, you should be able to:


1. Explain the requirements spelled out under the (Lead) Regulations 1974;
2. Explain the requirements spelled out under the (Asbestos Process)
Regulations 1986;
3. Explain the requirements spelled out under the (Noise Exposure)
Regulations 1989;
4. Explain the requirements spelled out under the (Mineral Dusts)
Regulations 1989;
5. Demonstrate knowledge gained in complying to the provisions of the said
Regulations;
6. Determine the specific requirements in each Regulations for its
implementation in the workplace; and
7. State the penalties imposed for failure to comply with the Regulations.

Study notes

These four (4) Regulations were made under the Factories and Machinery
Act 1967 to spell out the requirements on the control of specific health
hazards.

Three (3) of these Regulations are on specific chemical process or chemical


usage in factories i.e. lead, asbestos and mineral dusts. The other one
Regulation is on noise exposure as most factories are with noise hazards.

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The first health Regulations which were promulgated are the Lead
Regulations in 1984. These are the 11th Regulation under FMA 1967. Lead
was widely used in the electronic industries for its soldering work, in the
automotive industries for the production of lead acid batteries, ammunition
manufacturing, electronic components manufacturing production of cable
shielding etc. Thus, these Regulations will enable controls on these industries
to safeguard workers' health.

The Asbestos Process Regulations, the 12th Regulation under FMA 1967,
was promulgated in 1986 to control companies that use asbestos in the
manufacturing of their products such as automotive brake pads, roofing and
water pipes. In 1989, another two (2) more health regulations were made
under the Factories and Machinery Act 1967 i.e. the Mineral Dusts and Noise
Exposure The Mineral Dusts Regulations which is the 15th Regulation under
FMA 1967, were promulgated to control factories which use minerals such as
coal, koalin and potash cement in their production process. As for the Noise
Exposure Regulations, which is the 14th Regulation under FMA 1967, is
aimed to safeguard workers' hearing at factories with excessive noise.

Study questions

1. Factories and Machinery (Lead ) Regulations 1984


(a) These Regulations are applicable to which type of industry?
Which industry is these Regulations not applicable?
(b) What is the definition of the followings:
(i) Action level
(ii) Approved
(iii) Lead
(iv) Lead process
(v) Personal samples
(c) What is the permissible exposure limit for lead exposure?
(d) What is exposure monitoring and what must the employer do to
comply with these Regulations?
(e) When must the employer conduct an additional exposure
monitoring?
(f) The result of an exposure monitoring conducted indicate that the
3
level of employee exposure to lead in one company is 200 gm/m
, averaged over an eight-hour period. What must the employer of
the company do to comply with these Regulations?

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(g) Company Lam plans to use administrative control to minimise


workers exposure to lead. What should the company do in
accordance to the requirements of these Regulations?
(h) The result of an exposure monitoring conducted indicate that the
3
level of employee exposure to lead is 200 gm/m averaged over
an eight-hour period. Based on Regulation 21, what would be the
most suitable respirator to be provided for the employee?
(i) The result of an exposure monitoring conducted indicate that the
3
level of employee exposure to lead is 200 gm/m averaged over
an eight-hour period. In addition to respiratory protection, what
other personal protective equipment is required?
(j) There is no changing room provided by Company Leadclean,
although the level of lead exposure there exceeds the permissible
exposure limit. Have they committed any offence under these
Regulations? What is the penalty, if any?
(k) What is biological monitoring? How frequently must the biological
monitoring be carried out by Solder Company a company where
lead exposure is common amongst its employees?
(l) Leader Company wants to conduct training for all employees who
were exposed to lead. Advice the owner of the company on the
training requirements.
(m) The owner of Solder Company wants to post a warning sign at his
lead production area. What should be written on the warning sign?
(n) What are your comments on these Regulations?

2. Factories and Machinery (Asbestos Process) Regulations 1986


(a) These Regulations are applicable to which type of industry? In
which industry are these Regulations not applicable?
(b) What is the definition of the following:
(i) Asbestos
(ii) Asbestos fibre
(iii) Asbestos material
(iv) Asbestos process
(v) Competent person
(vi) Exhaust equipment
(vii) Permissible exposure limit

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(viii) Prescribed area


(ix) Registered medical practitioner
(c) What is the permissible exposure limit for asbestos exposure?
(d) What type of asbestos is prohibited in the manufacturing process?
(e) What are the requirements on exhaust equipment under these
Regulations?
(f) For employees who are not involved in any asbestos process,
must they also be protected under these Regulations? State the
Regulation number.
(g) What are the personal protective equipment (PPE) that must be
provided for employees exposed to asbestos fibre?
(h) Aming, an employee working in an asbestos processing area, was
found not wearing the personal protective equipment provided to
him. The management has instructed, trained and briefed him on
the wearing of PPE and the hazards associated to non-
compliance. Based on these Regulations, what are his legal
obligations? Can he be prosecuted by the Factory Inspector for
such offence? What is the penalty?
(i) What areas must be cleaned based on the requirements of these
Regulations?
(j) Goodbrake Company wants to know the requirements on handling
and disposal of asbestos material. Advise the management.
(k) Roofy Company wants to conduct a medical examination for his
employees who are exposed to asbestos. List down the types of
medical examinations as spelled out under these Regulations.
(l) Can an employee who does not want to go for a medical
examination be charged under these Regulations?
(m) When must the employer conduct personal exposure monitoring?
(n) What are the facilities that the employer has to provide to every
employee who has been provided with protective clothing and
PPE?
(o) Abe Company has not conducted any training for all its employees
who are exposed to asbestos. Has the employer committed an
offence under these Regulations? What is the penalty?
(p) How long must Braker Company keep the medical reports of its
employees who are exposed to asbestos?
(q) What other miscellaneous requirements were spelled out under
these Regulations?

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(r) What are your comments on these Regulations?

3. Factories and Machinery (Noise Exposure ) Regulations 1989


(a) Which type of industry are these Regulations applicable to?
(b) What is the definition of the following:
(i) Action level
(ii) Audiogram
(iii) Administrative control
(iv) Competent Person
(v) Employee exposure
(vi) Noise dosemeter
(vii) Sound level meter
(viii) Engineering Control
(ix) Quiet
(c) What is the obligation of employees under these Regulations?
(d) Why must an occupier conduct the employee exposure
monitoring?
(e) The noise level measured at the production area is 95dBA.
Workers work in this area for 8 hours a day. What is the
permissible exposure limit as stated in these Regulations? Can
the workers work at that area for the entire 8 hours?
(f) What is the frequency of this exposure monitoring and who can
conduct such monitoring?
(g) When must the employer conduct an additional exposure
monitoring?
(h) The results of an employee exposure monitoring conducted
indicate that the level of employee exposure to noise is 120 dBA.
What are the methods of compliance spelled out under these
Regulations?
(i) What are the requirements for hearing protection device as
spelled out under these Regulations?
(j) State the requirements of an audiometric testing as spelled out
under these Regulations.
(k) Company Metalbox wants to conduct training for its employees
who are exposed to noise. What are the requirements?

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(l) Company Boxxe wants to know the requirements on record


keeping. Advise the management on these requirements
(m) Company Cementtie has not implemented any record keeping as
required under these Regulations. Has the management
commited any offence under these Regulations? What is the
penalty?
(n) What are your comments on these Regulations?

4. Factories and Machinery (Mineral Dusts ) Regulations 1989


(a) These Regulations are applicable to which type of industry?
(b) What is the definition of the following:
(i) Action level
(ii) Competent Person
(iii) Control Equipment
(iv) Crystalline silica
(v) Mineral process
(vi) Permissible exposure limit
(vii) Pneumconiosis
(viii) Protection factor
(ix) Respirable dust
(c) What is a sand blasting process? Can this process be carried out
in any factory?
(d) What is the permissible exposure limit for mineral dust exposure?
(e) List down four (4) types of mineral dusts.
(f) Why must an occupier conduct employee exposure monitoring?
(g) What is the frequency of this exposure monitoring and who can
conduct such monitoring?
(h) When must the employer conduct an additional exposure
monitoring?
(i) What are the requirements on control equipment as spelled out
under these Regulations?
(j) What are the requirements for water spray as spelled out under
these Regulations?
(k) The results of an employee exposure monitoring conducted
indicate that the level of employee exposure to respirable dust is 7

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3
milligram per meter . Based on the requirements of these
Regulations, what type of personal protective equipment must be
provided, at no cost to the employees?
(l) Company Lam plans to do housekeeping at its mineral processing
area. What should they do in accordance to the requirements of
these Regulations?
(m) Company Lam plans to conduct medical examination for its
employees who are exposed to mineral dusts above the action
level. What should the management do in accordance with the
requirements of these Regulations?
(n) Company Lam has not conducted any training for its employees
who are exposed to crystalline silica. Has the company committed
an offence under these Regulations? What is the penalty, if any?
(o) What are the requirements for changing rooms and lockers under
these Regulations?
(p) Company Cementtie wants to know the requirements on record
keeping. Advice the company on these requirements
(q) Company Cementtie wants to post a warning sign at its mineral
production area. What should be written on the warning sign?
(r) What are your comments on these Regulations?

Frequently Asked Questions

1. Where can we obtain the list of competent persons to conduct exposure


monitoring?

Answer:
(a) The list of competency can be obtained from DOSH website via
the Internet.

2. How can we know whether the personal protective equipment (PPE)


that will be provided to employees are approved by the Director General
of DOSH?

Answer:
(a) Ask the PPE supplier to show the approval number issued by
DOSH.
(b) Go to the DOSH website, and search for the PPE listing.

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3. REM Company wants to send its employees for audiometric testing.


Where can the employer send them to?

Answer:
(a) Check the DOSH website for companies with approved mobile
unit or static clinic. The audiometer and the silent booth for this
purpose must be approved by DOSH.

4. Who can conduct medical examination on employees exposed to lead,


asbestos fibre and mineral dusts?

Answer:
(a) The General Practioner as per the requirements of the specific
health Regulations under FMA 1967. However, it is recommended
for employees to be examined by an occupational health doctor
(as stipulated by OSHA 1994 Specific Regulations USECHH
2000)

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Week 5
Topic 5: Other Regulations under FMA 1967

Readings

You are required to review and read the contents of the:


1. Factories and Machinery (Administration) Regulations, 1970 (Revised -
1983)
2. Factories and Machinery (Certificates of Competency--Examinations)
Regulations, 1970
3. Factories and Machinery (Compounding of Offences ) Rules 1970
4. Factories and Machinery (Compoundable Offences) Regulations, 1978

Learning Outcomes

By the end of this topic, you should be able to:


1. Describe the requirements spelled out under the Factories and Machinery
(Administration) Regulations, 1970 (Revised - 1983);
2. Describe the requirements spelled out under the Factories and Machinery
(Certificates Of Competency - Examinations) Regulations, 1970;
3. Describe the requirements spelled out under the Factories and Machinery
(Compounding of Offences ) Rules 1978; and
4. Describe the requirements spelled out under the Factories and Machinery
(Compoundable Offences) Regulations, 1978.

Study notes

The Administration Regulations were the 6th Regulation made under the
FMA1967. These Regulations which were revised in 1983 are necessary to
assist the enforcement authority in administering the implementation of
Regulations made under the Act.

In January 1970, the 7th Regulations i.e the (Certificates of Competency--


Examinations) Regulations were made. These Regulations prescribe the
provisions of PART III Person-in-Charge and Certificates of Competency
under the Act.

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The compounding of offences rules were passed in 1978 to prescribe the


provisions made under Section 52A(2) of the Act. In the same year, the
(Compoundable Offences) Regulations, 1978 were made based on Section
56(1) to prescribe the provisions made under the Act.

Study questions

1. Factories and Machinery (Administration) Regulations, 1970 (Revised -


1983)
(a) Explain briefly the purpose of these Regulations. What are the
requirements spelled out under these Regulations?
(b) Should factory employers comply with these regulations?

2. Factories and Machinery (Certificates Of Competency--Examinations)


Regulations, 1970
(a) Explain briefly the requirements spelled out under these
Regulations. Should factory employers comply with these
regulations?
(b) Who are the members of panel of examiners?
(c) List down the examinations spelled out under these Regulations.
(d) A person is applying for competency examination. How should he
apply?
(e) The drivers certificate of competency can be suspended in case
of misconduct. List down the offences that can be regarded as
serious misconduct.
(f) Stuart has allowed his certificate of competency to be used by
another person. Can he be charged under these Regulations?
What is the penalty?
(g) How many Schedules are there under these Regulations? List
down the Schedules.

3. Factories and Machinery (Compounding of Offences ) Rules 1970


(a) Explain briefly the purpose of these Rules. What are the
requirements spelled out under these Rules?
(b) Who made the Rules of this Compounding of Offences?
(c) Who can offer the compound?
(d) What are outlined in the Schedule?

4. Factories and Machinery (Compoundable Offences) Regulations, 1978

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(a) Explain briefly the purpose of these Regulations. What are the
requirements spelled out under these Regulations?
(b) Who are allowed to compound under these Regulations?
(c) List down two (2) offences under the Factories and Machinery Act
(FMA) that are compoundable offences.
(d) List down two (2) offences under the Factories and Machinery
(Fencing of Machinery and Safety) Regulations 1970 that are
compoundable offences.
(e) List down two (2) offences under the Factories and Machinery
(Safety, Health and Welfare) Regulations 1970 that are
compoundable offences.
(f) List down two (2) offences under the Factories and Machinery
(Notification, Certificate of Fitness and Inspection) Regulations
1970 that are compoundable offences.

Frequently Asked Questions

1. Factories and Machinery (Administration) Regulations, 1970 (Revised -


1983)
(a) Must Syarikat Com comply with the Factories and Machinery
(Administration) Regulations, 1970 (Revised - 1983)?
Answer: No, as these Regulations are meant for the enforcement
authority.

2. Factories and Machinery (Certificates of Competency--Examinations)


Regulations, 1970
(a) Lis wants to register as a steam engineer. What must she do?
Answer: The registration requirements are spelled out under the
(Certificates of Competency--Examinations) Regulations, 1970

3. Factories and Machinery (Compounding of Offences ) Rules 1970


(a) How should I comply with these Regulations?
Answer: There is nothing for you to comply under these
Regulations as it is meant for the enforcement authority to take
action.

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4. Factories and Machinery (Compoundable Offences) Regulations, 1978


(a) Are all provisions spelled out under Factories and Machinery Act
1967 compoundable under the Compoundable Offences
Regulations, 1978?
Answer: No. Only offences under certain Sections of the FMA
1967 as stated under the Compoundable Offences Regulations,
1978 can be compounded.

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Week 6
Topic 6: Occupational Safety and Health Act
(OSHA) 1994

Readings

You are required to review and read the contents of the Occupational Safety
and Health Act 1994 and the Guidelines on Occupational Safety and Health
Act 1994 (Act 514) in order to understand its provisions.

Learning Outcomes

By the end of this topic, you should be able to:


1. Explain the objectives of Occupational Safety and Health Act 1994;
2. Discuss the duties of employers, self-employed persons, designers,
manufacturers, supplier and employees spelled out under this Act;
3. Describe the meaning of as far as it is practicable and the concept of
self-regulations;
4. Define various definitions as stated in the Occupational Safety and Health
Act 1994;
5. Explain the Parts and their provisions as spelled out under the Act; and
6. State the penalties imposed for failure to comply with the Act.

Study notes

The Occupational Safety and Health Act 1994 or Act 514 was promulgated in
1994 to provide further provisions on the safety, health and welfare of
persons at work. Unlike the Factories and Machinery Act 1967 which is only
applicable to factories, mining and quarrying and construction activities, the
coverage of this Act has been extended to other economic sectors as well.

The concept of this Act is based on self-regulations, where the responsibility


to ensure safety and health at the workplace lies on the person who created
the risks and person who works with the risks. This concept has lifted the
burden of the enforcement authority to be responsible for the safety, health
and welfare of employees in the workplace. The authority will no longer be
held responsible for any accident or occupational diseases occurring at the
workplace. Instead, the employer with the participation of its employees has
to make the necessary safety arrangement for the execution of any work as

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the Act did not prescribe any such arrangement for the performance of each
and every task.

Study questions

1. What is Occupational Safety and Health Act 1994?

2. Who enacted the Act?

3. This Act applies to which industries and is there any industry that is
exempted?

4. How many Parts and Schedules are there under this Act? List down
four (4) of those Parts and all of the Schedules.

5. What do prevailing laws mean?

6. What is the definition of the following:


(i) Employee
(ii) Immediate Employer
(iii) Industry
(iv) Practicable
(v) Plant
(vi) Premises
(vii) Principal employer
(viii) Work

7. What are the objectives of this Act?

8. What are the powers and functions of the National Council for
Occupational Safety and Health?

9. Great Company wants to comply with OSHA 1994. What are the
general duties of the company as an employer?

10. Excell Company has yet to formulate a Safety and Health policy for its
employees. Has the organisation committed an offence under this Act?
What is the penalty?

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11. Bike Ride Company is a bicycle manufacturing company. What are their
duties as a manufacturer under this Act?

12. Mee Roll Company is a noodle machine manufacturer. What are their
duties as a manufacturer under this Act?

13. An accident has occurred in Factory Noodle Sdn Bhd. An operators


hand was severely injured by a noodle machine manufactured by Mee
Roll Company. Investigation reveals the accident happened due to
design fault. Can the manufacturer of the noodle machine be charged
under this Act? Name the Section and state the penalty.

14. Outline briefly the duties of an employee under this Act.

15. Ali Baba, an employee at Albab Company was found not wearing the
personal protective equipment (PPE) provided by his employer.
Adequate training and specific instructions have been given to him, yet
he failed to comply. Which requirements have he failed to comply with
and what would be the penalty if found guilty?

16. Can an employer charge payment from his employees for the PPE
provided to them?

17. Shaun has intentionally removed a machine guard while operating the
circular saw machine. Has he committed an offence under this Act?
What is the penalty for such an offence?

18. Can an employer dismiss, injure or alter the position of his employee if
the employee makes a complaint about a matter that he considers
unsafe or a risk to his health?

19. List down the provisions spelled out under Part VII Safety and Health
Organisation.

20. A company with a total of 41 employees wants to know what are its
responsibilities as stipulated under Part VII Safety and Health
Organisation of the Act. Advise the company on the requirements.

21. What are the functions of a safety and health committee as spelled out
under Section 30 of this Act?

22. An accident has occurred at Mypremise. What should the employer do


to comply with this Act?

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23. Who is given the power to prohibit against the use of plant and
substance? State the Section number.

24. What are the Industry Codes of Practice?

25. Who can enforce this Act and conduct an investigation? List down three
(3) of his powers under this Act.

26. When can an Officer enter into a premise without a search warrant?

27. A person has obstructed an Officer conducting a workplace inspection


by not allowing him to have access to some safety documents. Can this
person be charged under this Act? Is there any penalty being imposed?

28. What is the difference between an improvement notice and a prohibition


notice?

29. What would the penalty be for failure to comply with notice issued under
Section 48?

30. Can an aggrieved person who was issued a notice under Section 48
make an appeal? What should he do?

31. Who are liable for offences under this Act?

32. How can a person defend himself in a court proceeding for an offence
committed under this Act?

33. Who appoints the appeal committee and who are they?

34. Who may make Regulations under this Act?

35. Who has the duty to keep the confidentiality of any court proceeding
related to the offences committed under this Act? Is there any penalty
for failure to keep the secret?

36. What are your comments on this Act?

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Frequently Asked Questions

1. Company RR is a factory and has been in operation since 1988. Must


the company comply with OSHA 1994?
Answer: Yes, as there are other provisions that have been spelled out
under OSHA 1994 which were not adressed in FMA 1967.

2. Can a Factory Inspector enforce the Factories and Machinery Act 1967
and its Regulations as well as the Occupational Safety and Health Act
1994 and Regulations?
Answer: Yes, as the Factory Inspector is also the Occupational Safety
and Health Officer who works in the Department of Occupational Safety
and Health (DOSH).

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Week 7
Topic 7: Occupational Safety and Health Regulations
(Part 1)

Readings

You are required to review and read the contents of the:


1. Occupational Safety and Health (Employers Safety and Health General
Policy Statements (Exception) Regulations 1995
2. Occupational Safety and Health (Control of Industrial Major Accident
Hazards) Regulations 1996
3. Occupational Safety and Health (Safety and Health Committee)
Regulations 1996

Learning Outcomes

By the end of this topic, you should be able to:


1. Explain the contents of the (Employers Safety and Health General Policy
Statements (Exception) Regulations 1995;
2. Explain the requirements of the (Control of Industrial Major Accident
Hazards) Regulations 1996;
3. Explain the requirements of the (Safety and Health Committee)
Regulations 1996;
4. Explain the requirements of the (Classification, Packaging and Labeling of
Hazardous Chemicals) Regulations 1997;
5. Determine those Regulations that are applicable to different industries or
place of work;
6. Demonstrate knowledge gained in complying to the provisions of the said
Regulations;
7. Determine the specific requirements in each Regulations for its
implementation in the workplace; and
8. State the penalties imposed for failure to comply with the Regulations.

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Study notes

The Occupational Safety and Health (Employers Safety and Health General
Policy Statements (Exception)) Regulations 1995 was the first Regulation
made under OSHA 1994 to address the provision spelled out under Section
16 of the said Act.

In 1996, the Occupational Safety and Health (Control of Industrial Major


Accident Hazards) Regulations 1996 was promulgated to achieve the objects
of OSHA 1994. These Regulations spells out the safety provisions with
respect to the storage of chemicals or substances that can cause major
accident hazards.

Within the same year, the Occupational Safety and Health (Safety and Health
Committee) Regulations 1996 were made. These Regulations prescribed the
general provisions spelled out under OSHA on the formation and function of a
Safety and Health committee in a place of work.

Study questions

1. Occupational Safety and Health (Employers Safety and Health General


Policy Statements (Exception)) Regulations 1995
(a) Do these Regulations contain provisions on what have to be done
to comply with its provision?
(b) Briefly explain the provisions of these Regulations.
(c) These Regulations were made to fulfil which requirement
(Section) under the OSHA 1994?

2. Occupational Safety and Health (Control of Industrial Major Accident


Hazards) Regulations 1996
(a) These Regulations are applicable to all industries except which
industries? List down those industries.
(b) What is the definition of the followings:
(i) Competent Person
(ii) Industrial activity
(iii) Major accident
(iv) Major Hazard Installation
(v) Manufacturer

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(vi) Threshold Quantity


(vii) Site
(c) The manufacturer must identify his industrial activity under control
and notify to the Director General of DOSH. How can he identify
his industrial activity and what form must he fill for the notification?
When must he notify?
(d) CIM Company will be installing a substance called Parathion.
Based on these Regulations, what is the threshold quantity of
Parathion? What group of substance does Parathion fall into?
(e) A quantity of 20 kilograms of Parathion are stored in CIM
Company. Is the company liable under Part III - Demonstration of
Safe Operation for Non-Major Hazard Installation?
(f) Company Chem plans to store 55 tonnes of acetylene substance
in its premise. Under which category of installation does this
company fall into: Major hazard or Non-Major hazards? What
should it do to comply with these Regulations?
(g) Company Safe has failed to update the safety report made three
years ago by its designated Competent Person. Have the
company committed an offence under these Regulations? What is
the penalty?
(h) Briefly explain what is an on-site emergency plan.
(i) What is the information that has to be disseminated to the public
under Regulation 22?
(j) When must the occurrence of major accident be notified to the
authority? What is the information that must be included in the
notification?

3. Occupational Safety and Health (Safety and Health Committee)


Regulations 1996
(a) What is the application of these Regulations?
(b) What is the definition of the following:
(i) Authorised Manager
(ii) Chairman
(iii) Member
(iv) Near miss accident
(v) Safety audit
(vi) Safety and Health auditors

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(vii) Secretary
(c) List down the duties of an employer under these Regulations.
(d) Syarikat Jaya has a total number of 120 employees. What would
be the set up of its safety and health committee?
(e) The manager of Syarikat Win wants to form a safety and health
committee. He wants to know the process of selecting the
secretary and members of the committee in accordance to the
requirements of the said Regulations. Explain to him the process.
(f) List down three situations whereby a member of a committee can
be removed.
(g) What are the functions of the safety and health committee?
(h) How can a complaint be resolved under these Regulations?
(i) What is the frequency of a workplace inspection carried out by the
safety and health committee as stated in these Regulations?
(j) When can an accident investigation be conducted?
(k) Who should chair the inaugural meeting?
(l) What is the quorum required to start a safety and health
committee meeting?
(m) What is the frequency of the safety and health committee
meeting?
(n) How long must the minutes of meeting be kept?
(o) Man Company has not provided safety and health training for its
committee members to enable them to carry out their functions as
members of the committee. Has the company committed an
offence under these Regulations? State the Regulations number
and its penalty.
(p) Can a company form a sub-committee in addition to the main
safety and health committee that have been formed?
(q) An employer has to make available a few documents for the
safety and health committee. List down three (3) of these
documents.
(r) What are your comments on these Regulations?

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Frequently asked questions

1. Occupational Safety and Health (Employers Safety and Health General


Policy Statements (Exception) Regulations 1995
(a) Syarikat Goreng Pisang Sedap has only three employees. Must
the company formulate a safety and health policy based on the
requirements of Section 16 OSHA 1994?
Answer: No because Syarikat Goreng Pisang Sedap is exempted
under Employers Safety and Health General Policy Statements
(Exception) Regulations 1995.

2. Occupational Safety and Health (Control of Industrial Major Accident


Hazards) Regulations 1996
(a) Can the employee of Terminal Kimia be the Competent Person to
prepare the safety report?
Answer: Yes, as long as he fulfils the requirements spelled out
under the (Control of Industrial Major Accident Hazards)
Regulations 1996.

3. Occupational Safety and Health (Safety and Health Committee)


Regulations 1996
(a) Syarikat VSS will be conducting a safety and health committee
meeting this week. Unfortunately, the Chairman, Syarikat VSS
Managing Director is away on vacation. Can the Safety And
Health Officer be the Chairman to chair the meeting?
Answer: No. The Safety and Health Officer is the secretary to this
committee, and hence he cannot chair the meeting.

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Week 8
Topic 8: Occupational Safety and Health Regulations
(Part 2)

Readings

You are required to review and read the contents of the:


1. Occupational Safety and Health (Classification, Packaging and Labelling
of Hazardous Chemicals) Regulations 1997
2. Occupational Safety and Health (Safety and Health Officer) Regulations
1997
3. Occupational Safety and Health (Safety and Health Officer) Order 1997
4. Occupational Safety and Health (Prohibition of Use of Substances) Order
1999

Learning Outcomes

By the end of this topic, you should be able to:


1. Explain the requirements under (Classification, Packaging and Labelling
of Hazardous Chemicals) Regulations 1997;
2. Explain the requirements under (Safety and Health Officer) Regulations
1997;
3. Explain the contents of the (Safety and Health Officer) Order 1997;
4. Explain the contents of the (Prohibition of Use of Substances) Order
1999;
5. Determine those Regulations that are applicable to different industries or
place of work;
6. Demonstrate knowledge gained in complying to the provisions of the said
Regulations;
7. Determine the specific requirements in each Regulations for its
implementation in the workplace; and
8. State the penalties imposed for failure to comply with the Regulations.

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Study notes

This is a continuation of the previous part on the Regulations under


Occupational Safety and Health Act 1994 (Act 514).

The Occupational Safety and Health (Classification, Packaging and Labelling


of Hazardous Chemicals) Regulations 1997 were made under Section 66 of
OSHA 1994 to prescribe the Requirements of the duties of supplier to
classify, pack and label hazardous chemicals.

In the same year, another Regulations and one order were made under the
OSHA 1994. They are the Occupational Safety and Health (Safety and
Health Officer) Regulations 1997 and Occupational Safety and Health (Safety
and Health Officer) Order 1997.

The (Safety and Health Officer) Regulations prescribe the requirements of


Section 29 of OSHA 1994. Section 29 only states the general provision on
the employment of a safety and health officer. Thus, these Regulations spell
out the requirements with respect to registration, qualification and duties of a
Safety and Health Officer.

The Occupational Safety and Health (Safety and Health Officer) Order 1997 ,
prescribes the requirements of Section 29(2) of OSHA 1994. Section 29(1)(
2) only specifies the employment of Safety and Health Officer at a place of
work. However, the Act did not state the type of industries where the Safety
and Health Officer are required. Thus, this order states the types and class of
industries which require the employment of a Safety and Health Officer.

Another order was made in 1999 to prohibit certain types of chemicals from
being used at the workplace due to its health effect. This Occupational Safety
and Health (Prohibition of Use of Substances) Order 1999 contains a list of
chemicals that have been prohibited from being used in the workplace.

Study questions

1. Occupational Safety and Health (Classification, Packaging and


Labelling of Hazardous Chemicals) Regulations 1997
(a) What is the application of these Regulations?
(b) How many Schedules are there in these Regulations? List the
Schedules.

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(c) What is the definition of the followings:


(i) Chemical
(ii) Degree of hazard
(iii) Medical practitioner
(iv) Occupational Health Doctor
(v) Supplier
(d) What are the duties of supplier under these Regulations?
(e) What is the information that must be on a label?
(f) Tee Man, a supplier, wants to label his chemical product as per
the requirements of CPL Regulations. The package size of his
chemical product is 52 litres. What must the size of his label be?
(g) List down four (4) information that must be in a chemical safety
data sheet or CSDS.
(h) Tee Man did not furnish any CSDS when he supplied his chemical
product to Mix Company. Has he committed an offence under
these Regulations? What is the penalty?
(i) What are your comments on the provisions of these Regulations?

2. Occupational Safety and Health (Safety and Health Officer) Regulations


1997
(a) Who is applicable to these Regulations? Name the person.
(b) How many Schedules are there in these Regulations? List the
Schedules.
(c) What is the definition of the followings:
(i) Continuous education programme
(ii) Director General
(iii) Near miss accident
(iv) No loss time injury
(d) Babu wants to register as a Safety and Health Officer with the
Director General of DOSH. What must he do?
(e) What is the validity of the registration as a Safety and Health
Officer?
(f) On what circumstances may the Director General refuse to renew
a persons Safety and Health Officer registration?

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(g) Dedaun Company did not notify the Director General of DOSH
regarding the resignation of its Safety and Health Officer. Did the
company contravene any provision under these Regulations?
What is the penalty?
(h) What are the duties of an employer under these Regulations?
(i) What are the duties of a Safety and Health Officer under these
Regulations?
(j) When must a Safety and Health Officer attend the continuous
education programme?
(k) What are your comments on the provisions of these Regulations?

3. Occupational Safety and Health (Safety and Health Officer) Order 1997
(a) Name the person who makes the Order. Which Section under
OSHA 1994 stipulates the power being vested?
(b) Outline the contents of this Order.
(c) Define the following interpretation under these Order :
(i) Building Operation
(ii) Employee
(iii) Peak of work
(d) List down four (4) classes or descriptions of industries that require
a Safety and Health Officer.
(e) Tintan Company is a sanitary service company. The total number
of its employees is 1,200 workers. This company provides
services such as garbage collection and septic tank cleaning.
Based on this order, must this company employ a Safety and
Health Officer? Why?
(f) Bakecake Company employs 510 employees as bakers and
production workers. The companys line of products include
marble cakes, banana cakes and fruit cakes. Based on this order,
must this company employ a Safety and Health Officer? Why?
(g) What are your comments on the provisions of these Regulations?

4. Occupational Safety and Health (Prohibition of Use of Substances)


Order 1999
(a) Name the person who makes the Order. Which Section under
OSHA 1994 stipulates the power being vested?
(b) Outline the contents of this Order.

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(c) Syarikat Kima uses benzene chemical for its metal cleaning
activity. Is this chemical a prohibited item? If the company ignores
the prohibition order, can the employers be charged? Which
provision is applicable? What would be the penalty?
(d) What are your comments on the provisions of this Order?

Frequently Asked Questions

1. Occupational Safety and Health (Classification, Packaging and


Labelling of Hazardous Chemicals) Regulations 1997
(a) Company 5A, a chemical supplier, imports chemicals from Japan.
The chemical containers were labelled according to international
standard. Can the company use the same label before selling
those chemicals?
Answer: No. The company has to relabel those containers as per
the requirements of the (Classification, Packaging and Labelling of
Hazardous Chemicals) Regulations 1997.

2. Occupational Safety and Health (Safety and Health Officer) Regulations


1997
(a) Ben, a 50-year old supervisor working in Factory DW, wants to
register as a Safety and Health Officer. Due to his age, can he still
register with the Director General of DOSH?
Answer: The Regulations do not have any age restriction. As long
as he meets the requirements spelled out under the (Safety and
Health Officer) Regulations 1997, he can register.

3. Occupational Safety and Health (Safety and Health Officer) Order 1997
(a) Why do we need an Order, when there are already Regulations on
Safety and Health Officer?
Answer: The Order spells out different requirements i.e on the
class of industries for the employment of a Safety and Health
Officer. Meanwhile, the Regulations prescribe provisions related to
the engagement of a Safety and Health Officer.

4. Occupational Safety and Health (Prohibition of Use of Substances)


Order 1999
(a) Does prohibition of use of substance mean we cannot use the
substance?

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Answer: Yes, but it depends on the purpose of its use as spelled


out under this Order.

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Week 9
Topic 9: Occupational Safety and Health Regulations
(Part 3)

Readings

You are required to review and read the contents of the:


1. Occupational Safety and Health (Use and Standards of Exposure of
Chemicals Hazardous to Health) Regulations 2000
2. Occupational Safety and Health (Notification of Accidents, Dangerous
Occurrence, Occupational Poisoning and Occupational Diseases)
Regulations 2004
3. Industry Code Of Practice On Indoor Air Quality 2010
4. Industry Code Of Practice On Indoor Air Qualityfor Safe Working In A
Confined Space 2010

Learning Outcomes

By the end of this topic, you should be able to:


1. Explain the requirements under the Use and Standards of Exposure of
Chemicals Hazardous to Health) Regulations 2000;
2. Explain the requirements Occupational Safety and Health (Notification of
Accidents, Dangerous Occurrence, Occupational Poisoning and
Occupational Diseases) Regulations 2004;
3. Explain the requirements under the Industry Code Of Practice On Indoor
Air Quality 2010;
4. Explain the requirements under the Industry Code Of Practice On Indoor
Air Quality for Safe Working In A Confined Space 2010;
5. Determine the Regulations that are applicable to different industries or
places of work;
6. Demonstrate knowledge gained in complying to the provisions of the said
Regulations and Industry code of practices;
7. Determine the specific requirements in each Regulations and Industry
code of practices for its implementation in the workplace; and
8. State the penalties imposed for failure to comply with the Regulations.

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Study notes

This is a continuation of the previous part on the Regulations under


Occupational Safety and Health Act 1994 (Act 514).

The Use and Standards of Exposure of Chemicals Hazardous to Health


Regulations 2000 was promulgated in order to achieve the objective of the
OSHA. It prescribes the requirements with respect to chemical health risks
management and standards of exposure.

In 2004, the Notification of Accidents, Dangerous Occurrence, Occupational


Poisoning and Occupational Diseases) Regulations 2004 was passed. These
Regulations prescribe the procedures for employer to notify accidents,
dangerous occurrence, occupational poisoning and occupational diseases.

Two (2) Industry Codes Of Practices (ICOP) were approved by the Minister in
2010 to provide guidance for persons complying with the requirements of the
provisions of the OSHA 1994. The ICOP are the Indoor Air Quality and Safe
Working In A Confined Space.

Study questions

1. Occupational Safety and Health (Use and Standards of Exposure of


Chemicals Hazardous to Health) Regulations 2000
(a) Define the following interpretation under these Regulations
(i) Assessor
(ii) Ceiling Limit
(iii) Chemical Hazardous to Health
(iv) Permissible Exposure Limit
(v) Maximum Exposure Limit
(vi) Personal Protective Equipment
(vii) Hygiene Technician
(viii) Engineering Control Equipment
(ix) Medical Surveillance
(x) Use
(b) Explain briefly the application of these Regulations.
(c) How many Parts and Schedules are there under these
Regulations? List down four (4) of these Parts and the Schedules.

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(d) Can an employer carry out any work which may expose his
employee to chemical hazardous to health before conducting the
assessment to risk of health? Why? Who can conduct the
assessment?
(e) What information must be in a Chemical Hazardous To Health
Register prepared by the employer?
(f) What are the duties of an employer under Part III - Permissible
Exposure Limit?
(g) When must a review on the assessment to risk of health be
conducted?
(h) List down the control measures that must be carried out by the
employer under Regulation 15.
(i) Encik Miskam wants to provide personal protective equipment for
his employees. Advise him based on the requirements of these
Regulations.
(j) Syarikat Kimi wants to install an engineering control equipment.
i.e. a localised exhaust ventilation system, to minimise employees
risk to chemicals that are hazardous to their health. What are the
requirements stipulated by these Regulations?
(k) Syarikat Kimi did not label its chemicals Hazardous To Health.
Did the company contravene any of these Regulations and be
charged? Under which Regulations can it be charged? What is the
penalty?
(l) Encik Miskam, wants to conduct training for his employees
exposed to chemical hazardous to health. How must he conduct
the training?
(m) Who can conduct the monitoring of exposure to determine
workers exposure to chemicals?
(n) The result of ethylene oxide monitoring conducted on the workers
is 3 ppm. What do you think of this result? What is the permissible
exposure limit for the weighted time average of 8 hours?
(o) Based on the exposure monitoring conducted on formic acid, the
result for fifteen minutes sampling is 18 ppm. What do you think of
this result? What is the maximum limit?
(p) An employee is exposed to mercury. What should be his
frequency of health surveillance?
(q) What are the requirements of warning sign under these
Regulations?

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(r) Syarikat Mikani did not make available chemical safety data sheet
at areas where chemical hazardous to health are used. Did the
company contravene any of these Regulations? Can the employer
be charged and under which Regulations? What is the penalty?

2. Occupational Safety and Health (Notification of Accidents, Dangerous


Occurrence, Occupational Poisoning and Occupational Diseases)
Regulations 2004
(a) Define the following interpretation under these Regulations
(i) Authorised
(ii) Serious bodily injury
(iii) Fatal injury
(iv) Non-fatal Injury
(v) Dangerous Occurrence
(vi) Accident
(vii) Occupational Poisoning and Occupoational Disease
(viii) Quarry
(ix) Mine
(x) Lost Time
(b) Explain briefly the application of these Regulations.
(c) How many Parts and Schedules are there under these
Regulations? List down four (4) of these Parts and the Schedules.
(d) What type of situation is exempted under Part II of these
Regulations?
(e) Explain the circumstances where notification to the nearest OSH
Office is compulsory under Part II of these Regulations.
(f) A fire broke out at Syarikat Tulis store, a stationery shop. Based
on the requirement of these Regulations, is fire an accident or
dangerous occurrence? Must this incident be notified to DOSH?
What forms to be filled in to report this incident? (Refer to the
NADOPOD guidelines)
(g) What are the exemptions given to a self-employed person under
Regulation 7?
(h) AA has been diagnosed by an Occupational Health doctor with
silicosis. What must his employer do according to these
Regulations? What forms need to be filled to report this incident?
(Refer to the NADOPOD guidelines)

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(i) An employees arm was caught in a sugar cane machine. Based


on the requirements of these Regulations, can the employer
interfere with the accident scene?
(j) ABX Sdn Bhd did not notify the collapse of its crane. Did the
company contravene any provision under these Regulations?
What is the penalty that can be imposed?
(k) How long must the accident record be kept in the workplace?
(l) Based on the NADOPOD guidelines and Regulation 10(3), the
employer or self-employed person must send extracts from the
Registery to the Director General. When must those information
be sent and what form must be submitted?
(m) What are your comments on the provisions of these Regulations?

3. Industry Code of Practice On Indoor Air Quality 2010 (ICOP on IAQ)


(a) What is the objective of this ICOP on IAQ?
(b) Define the following interpretation under this ICOP on IAQ:
(i) Ceiling Limit
(ii) Domestic Building
(iii) Indoor air
(iv) Indoor Air Quality Assessor
(v) Mechanical Ventilating And Air Conditioning (MVAC) System
(vi) Occupant
(vii) Prescribed Activities
(viii) Unacceptable
(ix) Ventilation
(c) To which industry or activity is the ICOP on IAQ applicable?
(d) What are the contents of the ICOP on IAQ? List down the
contents.
(e) Who can conduct this IAQ assessment?
(f) When should a building owner investigate the indoor air quality
problem?
(g) Outline the investigation process.
(h) What is the acceptable limit for total volatile organic compound
and ozone?

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(i) What are the measures that can be taken by the building owner in
controlling the indoor air quality?

5. Industry Code Of Practice for Safe Working In A Confined Space 2010


(ICOP for SWCS)
(a) What is the objective of this ICOP for SWCS?
(b) Define the following interpretation under this ICOP for SWCS
(i) Authorised Gas Tester
(ii) UEL
(iii) LEL
(iv) Authorised Entrant
(v) Owner of Industry
(vi) Forced Air Ventilation
(vii) Hot work
(c) The ICOP for SWCS is applicable to which industry or activity?
(d) What is the content of the ICOP for SWCS? List down the content.
(e) Syarikat Cuci will be conducting a tunnel cleaning activity. The
tunnel has a diameter of 3 metres and a length of 10 metres. It is
located 2 metres below the ground. Must the company adhere to
the requirements of ICOP for SWCS? Why?
(f) Outline the duties of an employer as owner of an industry.
(g) Outline the duties of an Entry Supervisor.
(h) Outline the duties of an Authorised Gas Tester.
(i) What should be the content of a Permit To Work?
(j) How can a safe breathing atmosphere in a confined space be
established and maintained?
(k) Who should fill in the Permit To Work Form For Confined Space
Entry as shown in Appendix D?

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Frequently Asked Questions

1. Occupational Safety and Health (Use and Standards of Exposure of


Chemicals Hazardous to Health) Regulations 2000
(a) Where can I get the list of names and contact number of the
Assessor, Hygiene Technician and Occupational Health doctor?
Answer: The list is available from a DOSH website. It can also be
obtained from DOSH offices throughout the country.

2. Occupational Safety and Health (Notification of Accidents, Dangerous


Occurrence, Occupational Poisoning and Occupational Diseases)
Regulations 2004
(a) These Regulations specify approved form to send report of
accident. Where can these forms be obtained?
Answer: The forms can be downloaded from DOSH website. They
can also be obtained from DOSH offices or be photocopied from
the NADOPOD guidelines book.

3. Industry Code Of Practice On Indoor Air Quality 2010


(a) Can a building owner be charged for failure to implement this
ICOP in the event of complaint received from occupants with
regards to poor indoor quality?
Answer: Yes, under Section 15 or Section 17 of OSHA 1994.

4. Industry Code Of Practice for Safe Working In A Confined Space 2010


(ICOP for SWCS)
(a) Can a company who is involved in confined space activity use its
own guidelines for entry into a confined space?
Answer; Yes, If the guidelines are more comprehensive then the
ICOP for SWCS. However, the basic requirements such as AGT,
authorised entrant, confined space entry programme and so on as
stated in the ICOP must be adhered to.

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Week 10
Topic 10: (i) Comparison between OSHA 1997 and
FMA 1967
(ii) Other Safety Legislation

Readings

You are required to review and read the contents of the:


1. Occupational Safety and Health Act 1994 (Act 514)
2. Factories and Machinery Act 1967 ( Act 139)
3. Other safety legislations:
(a) Petroleum Safety Measures Act 1984 (Act 302)
(b) Petroleum (Safety Measures) (Transportation Of Petroleum By
Pipelines) Regulations 1985

Learning Outcomes

By the end of this topic, you should be able to:


1. Explain the difference between OSHA 1994 and FMA 1967 in terms of
their provisions and scope of coverage;
2. Determine the provisions that are similar;
3. Interpret the rationale for the promulgation of OSHA 1994;
4. Demonstrate knowledge gained in determining the appropriate provisions
applicable to respective workplaces;
5. Outline the provisions related to safety which were spelled out under the
Petroleum Safety Measures Act 1984; and
6. Gain knowledge on the specific provisions spelled out under the
Petroleum (Safety Measures) (Transportation Of Petroleum By Pipelines)
Regulations 1985

Study notes

Both FMA 1967 and OSHA 1994 have different philosophy and approach in
safeguarding the safety, health and welfare of workers. The FMA spells out
its provision in a more technical manner, whilst the OSHAs provisions are
based on the concept of self-regulation. In addition, the scope of coverage for

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both Acts is also different with wider coverage given for the economic sectors
under OSHA 1994. Both Acts are enforced by the same authority, the officers
from the Department of Occupational Safety and Health (DOSH).

The Petroleum Safety Measures Act consolidates the laws relating to safety
in the transportation, storage and utilisation of petroleum and to provide for
matters relating thereto. Depending on the provisions of the Act and its
Regulations, the Act was enforced by different authority including officers
from DOSH. Although, this Act is not the fundamental act on safety and
health, it spells out some provisions pertaining to the safe transportation of
petroleum. The Petroleum (Safety Measures) (Transportation of Petroleum by
Pipelines) Regulations 1985 were passed to provide detail provisions on the
safety measures to be taken in the transportation of petroleum by pipelines.

Study Questions

Comparisons between OSHA 1997 and FMA 1967

1. What are the similar provisions that were spelled out under both Acts?
Identify and list down these similar provisions.

2. What are the objectives of FMA 1967 and OSHA 1994?

3. What are the duties of employees under both Acts? Is there any penalty
imposed on them in the event of contraventions of similar provisions?

4. What are the duties of employer under both Acts? Is there any penalty
imposed on them in the event of contraventions of similar provisions?

5. Who is the enforcing authority under both Acts? Are they the same
person?

6. Telenews Company is a communication company with 50 employees. It


provides mobile phones and internet services for its subscribers. Which
Act is applicable to this company?

7. Which Act imposes a higher and heavier penalty for any offence
committed under any provision?

8. What are the major differences between these two Acts in terms of its
provisions?

9. List down the provisions or key words that are used in either Act to
indicate the concept of self-regulation.

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10. Which Act, in your opinion, contains provisions of self-regulation? State


its provisions.

11. Which Act is more technically inclined (contains technical provision for
compliance)? Why? State your reasons based on its provision.

12. Are both Acts applicable to all industrial sectors? Why?

13. Kilang Perabut Cantik manufactures wooden furniture for the local
market. It has a total of 500 workers working in the factory. State which
Act is applicable to this company. Why?

14. Does the enforcement authority for both Acts have the same power to
execute its work? What are these powers?

15. Identify the similar interpretation that was used in both Acts.

16. State four (4) provisions that was spelled out under OSHA 1994 which
was not addressed in FMA 1967.

17. Missy Chem is chemical supplier company. It has customers


nationwide. Which Act is applicable to this company? State the
provisions that it has to comply with.

18. Which Act spells out the liability for offences committed by a corporate
body, trade union or agent?

19. What is the difference between FMA 1967 and OSHA 1994 in terms of
Appeals provision?

20. Lifter XX Company wants to install an overhead travelling crane (a


hoisting machine) in its factory premise. Which Act is applicable to this
company for this purpose?

21. Are there any welfare provisions spelled out under the OSHA 1994?

22. An accident has occurred in MMY factory. A worker was seriously


injured when a steam boiler exploded. Which Act would this company
use to notify and report the accident? Why?

23. Explain briefly on the Notices that can be issued by the enforcement
authority under both Acts.

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24. Compare the provisions on Notification of Accident, Dangerous


Occurrence, and Occupational Poisoning and Occupational Disease.
What are your comments?

25. State the objectives of the promulgation of OSHA 1994 and FMA 1967
based on its long title as stated in both Acts.

26. Who gazetted both Acts?

27. Who are the officers appointed under both Acts and who appointed
them?

28. How many Schedules are there in both Acts? Are they similar to each
other? State these Schedules.

29. State two (2) Regulations under each Act that were made by the
Minister.

30. Do both Acts spell out the duty to keep secret? Which Act does and
state its Section number.

Other Safety Legislation

1. Petroleum Safety Measures Act 1984 (Act 302)


(a) How many Parts and Schedules are there under this Act? List
down four (4) Parts of those Parts.
(b) What is the definition for the following as stated under this Act:
(i) Handling
(ii) Inspector
(iii) Licensed Premise
(iv) Occupier
(v) Storage
(vi) Vessel
(c) Outline the provisions related to safety that is spelled out under
this Act.
(d) How must the container containing petroleum be labelled
according to this Act?
(e) In the event of any accident due to explosion or fire that caused
loss of life, what must the occupier do?

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STUDY GUIDE XBLR3103 OSH Legislation

2. Petroleum (Safety Measures) (Transportation Of Petroleum By


Pipelines) Regulations 1985
(a) How many Parts are there under these Regulations? List down
four (4) of these Parts.
(b) What are the definitions for the following terms as stated under
these Regulations:
(i) Bulk Plant
(ii) Inspector
(iii) Service station (automotive)
(c) List down the application of these Regulations.
(d) State whether or not all the provisions under these Regulations
spelled out the safety requirements. List the related Regulations.
(e) What are the requirements of inspection stated uner these
Regulations.
(f) What type of dangerous occurrence that must be immediately
notified to the Authority?
(g) An occupier has contravened Regulation 5 of these Regulations.
What would be the penalty?

Frequently Asked Questions

1. Syarikat Baja Bestgroom manufactures fertilisers. The company wants


to know whether in the event it contravened any safety and health
provisions, it will be prosecuted under both Acts.
Answer: No, the company will only be charged under one Act; either
FMA 1967 or OSHA 1994.

2. Who is the Enforcement authority under the Petroleum (Safety


Measures) (Transportation Of Petroleum By Pipelines) Regulations
1985?
Answer: The Petroleum Inspector who is the Officer from the
Department of Occupational Safety and Health

3. If Company EE has notified the authority (DOSH) of its dangerous


occurrence under the Petroleum (Safety Measures) (Transportation Of
Petroleum By Pipelines) Regulations 1985, does this mean that it has
complied with the NADOPOD Regulations 2004?
Answer: Yes, as spelled out under Part I, Regulation 3 (2) (b) of the
NADOPOD Regulations 2004

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65 Open University Malaysia (OUM)
Copyright Open University Malaysia (OUM)

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