BACHELOR OF OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT

WITH HONOURS (BOSHM)

MAY / 2019

XBLR 3103

OSH LEGISLATION

MATRICULATION NO :
IDENTITY CARD NO. :
TELEPHONE NO. :
E-MAIL :

LEARNING CENTRE : PETALING JAYA LEARNING CENTRE

Osh legislation
Occupational, safety and health (OSH) at work is an important issue and implies all
types of business or industries. In Malaysia, Department of Occupational Safety and Health
(DOSH) is a department under the Ministry of Human Resource who responsible for
ensuring safety, health and welfare of people at work as well as protecting others from the
safety and health hazards arising at workplace (Ministry Of Human Resource, n.d.). As
government agency, the department also responsible for enforcing of legislations related to
occupational, safety and health all industries in Malaysia. Factories and Machinery Act 1967
(FMA 1967) and Occupational Safety and Health Act 1994 (OSHA 1994) are two main
references in term of legislation related to occupational and workplace in Malaysia. These
act and regulations covered all types of industries such as construction, mining,
manufacturing, agriculture, restaurant, transport, utilities, estate and etc. But there are two
major industries which not covered by this act and regulation which are work on-board ships
and armed forces.
Fluorine is a chemical element with the symbol F and atomic number 9. It is the
lightest halogen and exists as a highly toxic pale yellow diatomic gas at standard conditions.
As the most electronegative element, it is extremely reactive, as it reacts with almost all
other elements, except for helium and neon (Wikipedia, n.d.). Fluorine gas is the elemental
form of the chemical element fluorine at standard temperature and pressure. Fluorine gas
consists of molecules, rather than atoms of fluorine. Two atoms of fluorine form each
molecule of chlorine, hence molecules of chlorine are said to be diatomic and the chemical
symbol for fluorine gas is F2. Fluorine gas is pale yellow in colour and highly toxic,
corrosive, oxidising, and can cause ignition of some organic materials. Fluorine gas is not
found in nature but the element fluorine is present in certain naturally-occurring minerals
(Ivyroses, n.d.). The Permissible exposure limit (PEL) under schedule 1 (USECHH Reg
2000) for fluorine is 1ppm for 8 hours’ time weighted average airborne concentration.

There are few legislations that can be related to this case study. Part 6 Section 24
under OSHA 1994 clearly stated the duties of employee while working. There are four main
duties of employee which as per below:
1) To take care the safety and health of himself and other person who may be affected
by his act or omission at work
2) To co-operate with his employer or other person in charge imposed the requirement
of OSHA and regulation

1
 3) To wear or use at all times any protective equipment provided by the employer for
preventing any risks to his safety and health
4) To comply with any instruction or measure on occupational, safety and health
instituted by his employer.
Employee who are reluctant to comply any of above duties can be fine maximum RM 1000
or imprisonment not more than 3 months or both by DOSH. Section 32 under OSHA 1994
notification of accident, dangerous occurrence occupational poisoning and occupational
diseases, and inquiry.

1) An employer shall notify the nearest occupational safety and health office of any
accident, dangerous occurrence, occupational poisoning or occupational disease
which has occurred or is likely to occur at the place of work.
2) Every registered medical practitioner or medical officer attending to, or called in to
visit, a patient whom he believes to be suffering from any of the diseases listed in the
Third Schedule of the Factories and Machinery Act 1967 [Act 139.], or any disease
named in any regulation or order made by the Minister under this Act, or
occupational poisoning shall report the matter to the Director General.

Besides Section 24, & 32 of OSHA1994, other regulations related to this cases study shall
be under Occupational Safety and Health (Use and Standards of Exposure of Chemicals
Hazardous to Health) Regulations 2000 shall apply to all places of work which are within
the jurisdiction of the Act where chemicals hazardous to health are used except chemicals
which are –

a) defined as radioactive materials under the Atomic Energy Licensing Act

1984 [Act 304];
b) foodstuffs;
c) hazardous to health solely by virtue of their explosive or flammable
properties, or solely because they are at a high or low temperature or a high
pressure; and
d) pharmaceutical products.
e) For the purpose of this regulation, "pharmaceutical product" means a drug in
a pharmaceutical dosage form for use by humans as medicine

Part V Regulation 16 use of approved personal protective equipment under (USECHH Reg
2000)

2
 1) Approved personal protective equipment shall be used –
a) where the application of control measures specified in paragraphs 15(1) (a) to
(g) would be impracticable;
b) as an interim measure while other preferred control measures are being
designed and installed; or
c) where the measures taken to comply with paragraphs 15(1) (a) to (g) do not
adequately control an employee's exposure to chemicals hazardous to health.
2) Where the approved personal protective equipment is used to control exposure to
chemicals hazardous to health, the employer shall establish and implement
procedures on the issuance, maintenance, inspection and training in the use of the
approved personal protective equipment.
3) The approved personal protective equipment provided to employees pursuant to
subregulation (1) shall –
a) be suitable to the type of work in which they are employed;
b) fit the employees;
c) not adversely affect the health or medical condition of the employees; and
d) be in sufficient supply and readily available to employees who require it.

Part II section 20 under FMA 1967 stated that;

1) No person employed in any factory or in any place where any machinery is installed
shall wilfully interfere with or misuse any means, appliance, convenience or other
thing provided in pursuance of this Act for securing the safety, health or welfare of
the persons employed in the factory or the place where the machinery is installed;
and when any means or appliance for securing safety, health or welfare is provided
for the use of the person under this Act, he shall make use of such means or such
appliance.
2) No person employed in any factory or in any place where any machinery is installed
shall wilfully and without reasonable cause act in any manner so as to cause or to be
likely to cause bodily injury to himself or other persons or damage to any machinery
or other property.

Lastly part IV section 21 under FMA 1967, accident and dangerous occurrence to be
reported. Whenever any accident which –

a) causes loss of life to any person;

(aa) causes serious bodily injury to any person;
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 b) causes bodily injury to any person so that the person is prevented from following
his normal occupation for more than three clear days excluding the day of the
accident; or
c) causes serious damage to machinery or other property,
or any dangerous occurrence takes place in any factory or in connection with any
machinery, the occupier shall report the accident or dangerous occurrence to the Inspector
having jurisdiction for the area in which the accident or dangerous occurrence has taken
place by the quickest means available and subsequently with the least possible delay, report
in writing to the Inspector in the prescribed form the facts of the matter so far as they are
known to him.

4
Investigation Report

Rev: 1
SENGA BINA SDN BHD
Date: 20.6.2019

Form No:
Form Title : HSE INCIDENT INVESTIGATION
Related Doc. No.

Accident Reference Number : SBSB/HSE/IIR/06/19

Injured Person

Name : Rostan Age : 33 years

Occupation : Researcher Length Service : 5 years

Incident details

Date : 18.06.2019 Time : 0900 Hours

Reported To : Muhamad Ashraf Designation : Researcher

Location of accident : Senga Bina Excimer Laser lab, Pasir Gudang Johor

Detail of witnesses :
to accident
(Witness statements to be attached on separate sheet)

Investigation team
NAME JOB TITLE/INDICATOR EMPLOYER
Srinivasan Operations Supervisor Senga Bina Sdn Bhd
Kassim Jalong Researcher Senga Bina Sdn Bhd
MASH Safety Officer Senga Bina Sdn Bhd
Mohd Ashraf Department Head Senga Bina Sdn Bhd

Injury class: Medical treatment

Part of body injury:

5
Summary description of incident:

On 18th June 2019, two researcher from Senga Bina Sdn Bhd were conducting their duty using an excimer
laser at one of the lab in Pasir Gudang, Johor.

During progression of the work it’s found that one of the gas cylinder is running empty and the researcher
has to change the cylinder in order to continue their work.

The two researcher has stop their duty and proceed to change the gas cylinder. Upon completing the
replacement of gas they heard a hissing sound from the cylinder valve and quickly close all valve and
reported to the department safety coordinator

However due to that event it’s found that one of the researcher having a chest pain and difficulty in
breathing. The researcher were then send to hospital for further check-up.

Events leading up to the incident:

The researcher is supposed to change the cylinder according to SOP given by the company. However
due to lack of supervision by the supervisor the researcher has conducted their job without wearing
any proper PPE. This just going through attitude has leads to the incident to happen.

6
Description of the incident:

On 18th June 2019, two researcher from Senga Bina Sdn Bhd were conducting their duty using an
excimer laser at one of the lab in Pasir Gudang, Johor.

-Prior commencing the gas replacement, the area is clear from any other personnel and required
two personnel to commence the work. All cylinder valve has been tight up and excess gas has been
filtered.

-During the event, the gas cylinder has been replaced by two personnel. The researcher has secured
the fluorine gas inside the gas cabinet and all start to turn on the gas valve and hear some hissing
sound. They decided to turn off all valve.

-Post event, one researcher suffer chest pain and difficulty to breath. It was reported to the safety
coordinator and the researcher has been sent for medical inspection. The area has been sealed and
gas filtering procedure is started.

Results of investigation:

Failed to follow SOP, wear proper PPE and lack of supervision:

 First result can be concluded from the investigation is that the two researcher has failed to
follow given SOP in changing the gas cylinder.
 Failed to wear proper PPE while conducting the job. The fluorine gas released to the air has
given and immediate effect to person inhale and caused chest pain and difficulty if breathing
 The lack supervision by the supervisor has lead to a misconduct activity.

Recommendation to prevent re-occurrence

No Action Action Party

Share and discuss incident with all worksite to avoid the incident re-
1 All Crew
occurrence
2 All work to be done with a proper and full time supervision Supervisors
3 To regularly brief on the work SOP Supervisors
Safety Officer/
4 To isolate any dangerous working area during work in progress
Supervisors

7
 The OSHA 1994 requires an employer to notify to the nearest Department of
Occupational Safety and Health office of any accident, dangerous occurrence, occupational
poisoning and occupational disease that has occurred in the place of work. According to
Regulation 7 of notification of accidents, dangerous occurrence occupational poisoning and
occupational diseases, and inquiry (NADOOPOD 2004).

1) a person at work suffers or likely to suffer from one of the occupational

poisonings or occupational diseases specified in column 1 of Third Schedule and
the work involves one of the activities specified in the corresponding entry in
column 2 of that schedule, the employer shall, within 7 days, send a report
thereof to the nearest Department of Occupational Safety and Health office in an
approved form.
2) Every registered medical practitioner or medical officer attending to, or called in
to visit, a patient whom he believes to be suffering from any of the occupational
poisoning or occupational disease listed in Third Schedule, shall within 7 days
report the matter to the Director General in an approved form and at the same
time, notify the employer whom the patient states is his employer.

This case has fall under column 1 (n) of the third schedule which require the
employer to notify DOSH of the incident. Referring to the above mentioned regulation, the
employer shall notify the nearest DOSH using form JKKP 7 within 7 days. The medical
practitioner who attended the case shall then report the matter to Director General using the
form JKKP 7 within 7 days of diagnosing the case. Upon completion of the investigation of
the case, it shall then be recorded in the form JKKP 8. The register also to be used in
classifying occupational injuries and occupational poisoning and occupational disease, and
for noting the extent of each case. The register shows when the accidents, dangerous
occurrence, occupational poisoning or occupational diseases occurred, to whom, the regular
job of the injured or ill person at the time of the accident or poisoning or diseases exposure,
the kind of injury or poisoning or diseases, how much time was lost, whether the case
resulted in a fatality, etc. The register consists of three parts: A descriptive section which
identifies the employee and briefly describes the injury or poisoning or diseases; a section
covering the extent of the injuries recorded; and a section on the type and extent of
poisoning or diseases. The employers is required to send to the Director General the form
JKKP 8 before 31 January of each year. (NADOOPOD). The employer shall fill up the
JKKP 10 form if the Director General may require further information as specified in the
fourth schedule.
8
Flow diagram

Accident / dangerous occurrence / occupational poisoning / occupational disease arising out of or in connection with
the work of your undertaking which is covered by the Act and involves:

One of your employees or a self- Dangerous

employed person working in your occurrence listed in Any other person who is not an employee
premises resulting in: Table 6 at work but who was either in premises
under your control at the time or was
otherwise involved in the accident,
resulting in:

Fatal or other Other

Other injury Occupational Fatal Other injury serious bodily injury
causing incapacity poisoning / diseases injury or injury
or causing
for less than 5 days as listed in Table 16 causing
serious incapacity for
bodily more than 4 incapacity for
injury calendar days more than 4 No
calendar days action
required

Notify nearest DOSH State Office immediately

Send a report using form JKKP 6 or JKKP 7 to DOSH within 7 days of accident,
dangerous occurrence, occupational poisoning or occupational disease

Make and keep record of the accident / dangerous occurrence / occupational poisoning /
disease in form JKKP 8 – submit this register to DOSH HQ before 31 January of each
year

9
 JKKP 7

LAPORAN MENGENAI KERACUNAN PEKERJAAN/PENYAKIT PEKERJAAN

PERATURAN-PERATURAN KESELAMATAN DAN KESIHATAN PEKERJAAN (PEMBERITAHUAN MENGENAI KEMALANGAN, KEJADIAN BERBAHAYA, KERACUNAN
PE K E R JA A N D A N PE N Y A K IT P E K ER JA A N ) 20 04

Bahagian A1 Bahagian A2
P em beritahu - P eratura n 7(1) M ajikan P em berita hu - P eraturan 7(2) P engam al P eru batan B erdaftar
Jika lebih dari seorang, sila gunakan borang berasingan untuk setiap seorang.
N am a N am a

J aw atan Jaw atan

N am a & A lam at O rganisasi A lam at K linik/H ospital

N o. Telefon N o. Telefon

N o. R .O .C . 8 1 7 6-D N o. Pend. JKK P

K od K las ifikasi Industri (J adual 3) 3 12 0 0

O rang yang boleh dihubungi (Jik a lain dari atas)

Bahagian B - Orang yang Terlibat Bahagian C - Keracunan Pekerjaan/Penyakit

N am a D iagnosis /D iagnosis S em entara

Rostan

Tarik h Lahir 15 Julai 1986 Tarikh D iagnosis

N o. K P/N o. Paspot 860715-01-4149

Jantina Lelaki
W arganegara Malaysia N am a & A lam at D oktor yang m eraw at
Perempuan

P ek erjaan Penyelidik
N am a & A lam at O rganisasi

Lokasi K ejadian

Bahagian D
H uraian pekerjaan yang m em baw a k epada keracunan pekerjaan/penyakit pekerjaan (S ila huraikan sebarang kerja yang dibuat oleh o rang yang terlibat yang m ungkin
telah m em baw a kepada penyakit. Jika peny akit m ungkin disebabkan oleh pendedahan kepada sebarang agen sem asa kerja, contoh kim ia yang spes ifik - sila nyatak an
agen berkenaan)

Tandatangan P em beritahu

Tarik h

Pena fian
Mengisi borang ini tidak menjadikan pengakuan ke atas sebarang liabiliti oleh orang yang mengisi borang.

10
 JKKP 8 ( I ) /( IV )
Page …….. of ….….
For Calender Year 20 19
Register of Accident, Dangerous Occurrence, Industrial Classification
Occupational Poising and Occupational Diseace 3 1 2 0 -
(Refer to Table 3,insert code)
Size of Industry #

Please tick ( / ) (Refer JKKP 8 (IV/IV) B B S M S

K✔

Name of employer/
JOSEPH TAN
self employer :
Note: This form is required by Regulation 10 of the
Employers are required to maintain SENGA BINA SDN BHD
Occupational Safety and Health (Notification of Accident, Name of Company :
a record of all accidents and
Dangerous Occurrence, Occupational Poisoning and
diseases arising out of or in Address : Senga Bina Sdn Bhd
Disease) Regulation 2004 and must be kept in the place Senibong Cove,
connection with work which occur at
of work for 5 years. Failure to maintain and post is a 81700 Pasir Gudang, Johor
the place of work..
contravention of the above.

07-3820388
Tel. No :
Employment Nature of work
Employees Name & I/C or Gender Job Description Date of Time of
No: Age C itizenship Status (Refer when incident
Passport No. (Refer Table 8 ) incident incident
M F Table 7 ) occurred
✔
ROSTAN 860715-01-4149 33 MALAYSIAN 822 EMPLOYEE 0900 CHANGING GAS
18/06/2019
CYLINDER

# Size of industry
MASH
B : Annual sales turnover > RM 25 mil. (Workers > 151) Certification of Annual register totals by : ……………………………………
SHO
M : Annual sales turnover = RM 10 - RM 25 mil. (Workes 51 - 150) Title :……………………………………………………………………………….

11
 JKKP 8 ( III ) /( IV )

O CCUP ATIO NAL PO ISING AND DISEASE CA S ES DANG ERO US O CCU R RENC E
Poisoning/ Disease with lost
Date of Agent workdays Location
Location of Type of Route Type of
causing Date of of Date of
Occupational Poisoning/ Poisoning/ of Entry Poisoning/ Poisoning/ Fatalities Dangerous No. days
Poisoning/ Enter Date of Time of
Poisoning/ Disease Disease (Refer D isease
Disease submission Occurrence incident not Submission
No. Disease cases with number of (death) incident incident
Disease (Refer (Refer Table
(Refer without lost JKKP 7 (Refer (Refer operating JKKP 6
Table 12 ) Table 16 ) 17 ) days away days away (20) Table 6 ) (23) (24) (26)
detected Table 18 ) from w ork
workdays (21) Table 4 ) (27)
(13) (14) (15) from work (22)
(12) (16) (17) (19) (25)
(18)
( Y es / No ) ( Yes / No )

1 18/06/2019 701 114 1 301 YES 5 20/06/201

9

Total:
Yes days Yes

12
 JKKP 8( IV / IV )
19
1 . O c c u patio na l A c cide nt a n d O cc u pa tiona l P ois onin g / D ise a se R egister (C o verin g C alen d a Yea r 2 0… … … … )
● Complete this section by copying totals from the annual register.
● If there were no Occupational accident, Occupational Poisoning or disease, please fill section Y & Z only.
OCCUPATIONAL ACCIDENT CASES OCCUPATIONAL POISONING AND DISEASE CASES
Total man-hours
Total Poisoning or
w o rk e d in Y ea r 2 0 …1…
9…
Accident disease without lost
Total of Poisoning or
related Accident with lost Accident without Poisoning or disease with workdays
number of disease related
fatalities workdays lost workdays lost workdays
accidents fatalities
(death)
(Round up to the
nearest whole number)
Total Total average
Total Enter the Total number of
accident Total accident Poisoning or employment in
Number of number of Number of no. of days Poisoning/ disease
cases with cases without disease with Y ea r 20 …1…9 …
daeths days away death away from cases
days away lost workdays lost workdays
from work work
from work
5 (Round up to the
nearest whole number)

** Note: 1 Day = 8 hours 1 death = 6000 day (lost days)

OCCUPATIONAL ACCIDENT CASES OCCUPATIONAL POISONING AND DISEASE CASES

Fatality Rate = No. of fatalities (A) X 1000 Fatality Rate = No. of fatalities (T) X 1000
Annual average of No. employees(Z) Annual average of No. employees (Z)

Incident Rate = No. of accidents (E) X 1000 Incident Rate = No. of Poisoning & disease (X) X 1000
Annual average of No. employees(Z) Annual average of No. employees (Z)

Frequency Rate = No. of accidents (E) X 1,000,000 Frequency Rate = No. of Poisoning & disease (X) X 1,000,000
Total man-hours worked (Y) Total man-hours worked (Y)

Severity Rate = Total workdays lost (C) X 1,000,000 Severity Rate = Total workdays lost (V) X 1,000,000
Total man-hours worked (Y) Total man-hours worked (Y)

# Size of industry NAME: MASH

SHO
B : Annual sales turnover > RM 25 mil. (Workers > 151 orang) S : Annual sales turnover < RM 10 mil. (Workers< 50 orang)
M : Annual sales turnover = RM 10 - RM 25 mil. (Workes 51 - 150 orang)
13
 Record keeping.

All records for accidents, dangerous occurrence occupational poisoning and

occupational diseases, and inquiry has to be keep as per Regulation 10 of NADOOPOD
2004 which stated that:

1)Every employer and self-employed person shall record and maintain a register, in an
approved form, of—
a) all accidents and dangerous occurrences which have occurred; or
b) all occupational poisonings or occupational diseases which have occurred or
are likely to occur, arising out of or in connection with work under his
control, whether or not the accidents, dangerous occurrences, occupational
poisonings and occupational diseases have been reported under subregulation
5(1) or 7(1).
2)The record shall be kept at the place where the work to which it relates is carried on or, if
this is not practicable, at the usual place of business of the employer or self-employed
person and an entry in the registry shall be kept for at least 5 years from the date on which
it was made.
3)The employer or self-employed person, as the case may be, shall send to the Director
General before 31 January of each year, such extracts from the registry for a period of 12
months ending on 31 December of each year.

Conclusion

DOSH has already taken the necessary thing by outlining the act, regulations and guidelines
to prevent any unnecessary thing to happen at workplace and to protect the person inside and
surrounding the workplace. In the event of any accident or incident happen at workplace an
investigation team shall be deploy to investigate the matter, not only to find the root cause of the
incident but also to prevent it to happen in future. All accident and incident shall be reported to
DOSH according to the act and guidelines provided. Record for incident and accident is important
to be kept for reference in future and to study of the trend of accident and incident that happen.

A general penalty shall be liable to a person who by any act or omission contravenes any
provision of this Act or any regulation made thereunder shall be guilty of an offence, and if no
penalty is expressly provided shall, on conviction, be liable to a fine not exceeding ten thousand
ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of a
continuing offence, to a fine not exceeding one thousand ringgit for every day or part of a day
during which the offence continues after conviction. Section 51 (OSHA 1994)
(2888 Words)
14
 Appendix

References
FMA 1967. (n.d.). Factory and Machinery Act 1967. Retrieved from Department of
Occupational Safety And Health:
http://www.dosh.gov.my/index.php/en/legislation/acts/26-03-factories-and-
machinery-act-1967-revised-1974-acts-139/file

Ivyroses. (n.d.). Ivyrose Holistic. Retrieved from Ivyrose Holistic:

https://www.ivyroses.com/Chemistry/Elements/Fluorine-gas.php

Ministry Of Human Resource. (n.d.). Department of Occupational, Safety and Health.

Retrieved Aug 2018, from Official Website Department of Occupational, Safety and
Health: http://www.dosh.gov.my/index.php/en/about-us/dosh-profile

NADOOPOD, 2. (n.d.). DOSH GUIDELINES. Retrieved from DOSH GUIDELINES:

http://www.dosh.gov.my/index.php/en/legislation/guidelines/general/599-06-
guidelines-on-occupational-safety-and-health-notification-of-accident-dangerous-
occurance-occupational-poisoning-occupational-disease-regulations-2004-nadopod-
2005/file

OSHA 1994. (n.d.). Law of Malaysia, Occupational Safety and Health Act 1994. Retrieved
from Department of Occupational Safety & Health:
http://www.dosh.gov.my/index.php/en/legislation/acts/23-02-occupational-safety-
and-health-act-1994-act-514/file

Wikipedia. (n.d.). Fluorine-Wikipedia. Retrieved from Wikipedia The Free Encyclopedia:

https://en.wikipedia.org/wiki/Fluorine

15