BKC3533
OSH IN CHEMICAL
INDUSTRIES
Chapter 2
LAWS & REGULATIONS
HOW and WHY it happened ?
Topic Outline
At the end of this topic, it is expected that
students will be able to:
• Comprehend safety and health management system as guided by
ILO (International Labor Organization)
• Comprehend OSHA 1994, FMA 1967, and other relevant codes of
practices and guidelines
• Explain the role and function of Occupational Safety and Health Management System
(ILO-OSH)
• Discuss important contents in OSHA 1994
• Discuss important contents in FMA 1967 (OSH-related)
• Discuss codes of practice and guidelines related to safety and health matter
Introduction - History
The history and development of DOSH in Malaysia could be described
under the following eras:
pre 1914- era of boiler safety (steam boiler at tin mine in Larut, Perak. Appointment of
Englishman, William Given as inspector of machine in 1878 )
1914~1952- era of machinery safety (Machinery Enactment, 1913)
1952~1970- era of industrial safety (Factories and Machinery Act, 1967)
1970~1994- era of industrial safety and hygiene (establishment of NIOSH, Dec. 1992)
post 1994- era of occupational safety and health (OSHA was passed by parliament in
1993 and gazetted in 24 February 1994 )
The OSHA defines general duties of employers, manufacturers, employees,
the self-employed, designers, formulators, importers and suppliers. The
Acts also provides for the appointment of enforcement officers;
establishment of a National Council for Occupational Safety and Health;
and the formulation of organization’s policy and arrangement to secure the
safety, health and welfare of people at work and protect other people
against risks posed by work activities.
Guidelines on Occupational Safety and Health Mgt. System
ILO-OSH 2001 [Section One]
Guidelines at national level
be used to establish a national framework for OSH management system.
(supported by national laws & regulations)
provides guidelines for the development of voluntary arrangement to
strengthen compliance with regulations and standards.
Provide guidance on the development of both national and tailored guidelines
on OSH management systems to respond appropriately to the real needs of
organization, according to their size and nature of their activities.
Guidelines at organizational level
Provide guidance regarding the integration management system elements in
the organization as a components of policy and management arrangements.
Motivate all members of the organization, particularly employers, owners,
managerial staffs, workers and their representatives, in applying appropriate
OSH management principles and methods to continually improve OSH
performance.
Guidelines on Occupational Safety and Health Mgt. System
ILO-OSH 2001 [Section Two]
National Policy
A competent institution should formulate, implement and periodically review a
coherent national policy for the establishment and promotion of OSH
management systems in organizations
This should ne done in consultation with the most representative organizations
of employers and worker, and with other bodies as appropriate.
The national policy on OSH management system should establish
general principles and procedure to:
(a)promote the implementation and integration of OSH mgt. system as part of the
overall management of an organization
(b)Facilitate and improve voluntary arrangement for the systematic identification,
planning, implementation and improvement of OSH activities at national and
organization levels
(c)Promote the participation of workers and their representative at organization
level.
Guidelines on Occupational Safety and Health Mgt. System
ILO-OSH 2001 [Section Two]
(cont’ - The national policy on OSH management system should establish
general principles and procedure to:
(d) Implement continual improvement while avoiding unnecessary bureaucracy,
administration and costs.
(e) Promote collaborative and support arrangement for OSH management systems
at the organization level by labours inspectorates, occupational safety and health services
and other services, and channel their activities into a consistent framework for OSH
management
(f)Evaluate the effectiveness of the national policy and framework at appropriate intervals
(g)Evaluate and publicize the effectiveness of OSH management systems and practice by
suitable means
(h)Ensure that the same level of safety and health requirement applies to contractors and
their workers as to the workers, including temporary workers, employed directly by the
organization.
ILO-OSH 2001 Framework
ILO Guidelines
On
OSH-MS
National
Guidelines
On
OSH-MS
Tailored
Guidelines
On
OSH-MS
Occupational Safety and Health Mgt. System in the organization
ILO-OSH 2001 [Section Three]
ILO-OSH 2001 Framework ~ please refer to handouts
azizanramli2010fkksa
Occupational Health and Safety Assessment Series
OHSAS 18000 is an international occupational health and safety
management system specification. It comprises two parts, 18001 and
18002
OHSAS 18001
This is the "Occupational Health and Safety Management Systems
Specification". It was developed in response to urgent demand for a recognized
standard against which occupational safety management systems can be
assessed. It is compatible with ISO 9001 and ISO 14001.
It covers issues such as planning for hazard identification, risk
assessment/control, OHS management, awareness and competence, training,
communication, emergency preparedness and response, performance
measuring and improvement
OHSAS 18002
This provides guidelines for the implementation of OHSAS 18001. It explains the
requirements of this and how to work towards implementation/registration.
Laws & Regulations
• ACTS ?
• REGULATIONS & ORDERS ?
• ….subsidiary legislations
• ORDINANCE ?
• ENACTMENTS ?
Laws & Regulations
• OSHA 1994
• FMA 1967
• Codes of Practice and Guidelines
• Petroleum (Safety Measures) Act 1984
Laws & Regulations
Department of Occupational Safety and Health (DOSH)
DOSH is a government department under the Ministry of Human Resources Malaysia.
Responsible for ensuring for ensuring the safety, health and welfare of persons at work
and protections of other people from hazards to safety and health arising from activities
of persons at working various economic sectors, that is;
i. Manufacturing
ii. Mining and quarrying
iii. Construction
iv. Hotels and restaurants
v. Agriculture, forestry and fishing
vi. Transport, storage and communication
vii. Public services and statutory authorities
viii. Utilities-electricity, gas, water and sanitary
ix. Trades finance, insurance, real estate and business services
x. Wholesale and retail trades
Laws & Regulations
Department of Occupational Safety and Health (DOSH)
Vision
To be a dynamic organization that leads the nation in creating a safe and healthy work
culture towards enhancing the quality of working life
Objectives
To formulate and review policies, legislations, codes of practice and guidelines
pertaining to occupational safety, health and welfare as a basis in ensuring safety and
health at work
To ensure through enforcement and promotional works that employers, self-employed
persons, designers, manufacturers, suppliers, importers and employees always practice
safe and health work culture, and always comply with existing legislation, codes of
practice and guidelines.
To assist and provide expert services in promotional, training, information dissemination
and research activities organized by government and non-governmental agencies,
institutions of higher learning, association of employers, workers and professionals in
efforts to further upgrade the standard of occupational safety, health and welfare.
OSHA 1994 (Act 514)
Regulation and Orders
OSH (Employers Safety and Health General Policy Statement(Exception)
Regulations 1995
OSH (Control of Industrial Major Accident Hazard) Regulations 1996
OSH (Safety and Health Committee) Regulation 1997
OSH (Classification, Packaging and Labeling of Hazardous Chemicals) Regulations
1997
OSH (Safety and Health Officer) Regulation 1997
OSH (Use and Standard of Exposure of Chemical Hazardous to Health) Regulations
2000
OSH (Safety and Health Officer ) Order 1997
OSH (Prohibition of Use of Substance) Order 1999
OSH (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and
Occupational Disease) Regulation 2004.
FMA 1967 (Act 139)
Regulation and Rules
FM (Steam Boiler and Unfired Pressure Vessel) Regulation 1970
FM (Electric Passenger and Good Lift) Regulation 1970
FM (Fencing of Machinery and Safety) Regulation 1970
FM (Person In Charge) Regulation 1970
FM (Safety Health and Welfare) 1970
FM(Administration) Regulation 1970
FM(Certificates of Competency Examination) Regulation 1970
FM(Notification Certificate of Fitness and Inspection) Regulation 1970
FM(Compoundable Offences) Regulation 1978
FMA 1967 (Act 139)
Regulation and Rules
FM(Lead) Regulation 1984
FM (Asbestos Process) Regulation 198
FM (Building Operation & Works of Engineering Construction( (Safety)
Regulation 1986
FM (Noise Exposure) Regulation 1989
FM (Mineral Dust) Regulation 1989
Code of Practice
Code of Practice on Prevention and Management of HIV/Aids At The
Workplace (2001)
Code of Practice for Safe Working in A Confined Space (2001)
Guidelines
Guidelines For Public Safety and Health At Construction Sites
Guidelines On First-Aid In The Workplace (1996)
Guidelines On Occupational Safety and Health In The Office (1996)
Guidelines For The Formulation Of A Chemical Safety Data Sheet (1997)
Guidelines For Labelling Of Hazardous Chemicals (1997)
Petroleum (Safety Measure) 1984 (Act 302)
Amendment
Petroleum (Safety Measures) (Amendment) 1987
Petroleum (Safety Measures) (Amendment) 1991
Regulations
Petroleum (Safety Measures) (Transportation of Petroleum by Water)
Regulation 1985
Petroleum (Safety Measures) (Transportation of Petroleum by Pipelines)
Regulation 1985
OSHA 1994 (Act 514)
Application of the law
Manufacturing
Mining and quarrying
Construction
Agriculture, forestry and fishing
Utilities (electricity, gas, water and sanitary services)
Transport, storage and communication, wholesales and retail trades
Hotels and restaurants
Finance, insurances, real estate and business services
Public services and statutory authorities
BUT, not applicable to;
work on board ships (governed by the Merchant Shipping Ordinance
1952 and The Merchant Shipping Ordinance 1960 of Sabah & Sarawak.)
Armed forces
Arrangement of Sections (OSHA 1994)
PART 1 - PRELIMINARY
1. Short title and application.
2. Prevailing laws.
3. Interpretation.
4. Objects of the Act.
PART II - APPOINTMENT OF OFFICERS
5. Appointment of Officers.
6. Appointment of independent inspecting body
7. Certificate of authorization
PART III - NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND HEALTH
8. Establishment of the Council.
9. Membership of the Council.
10. Second Schedule to apply.
11. Powers and functions of the Council.
12. Appointment of secretary to the Council.
13. Committees.
14. Annual report.
PART IV - GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSONS
15. General duties of employers and self-employed persons to their employees.
16. Duty to formulate safety and health policy.
17. General duties of employers and self-employed persons to persons other
than their employees.
18. Duties of an occupier of a place of work to persons other than his employees.
19. Penalty for an offence under section 15. 16. 17 or 18
Arrangement of Sections (OSHA 1994)
PART V - GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND SUPPLIERS
20. General duties of manufacturers, etc. as regards plant for use at work.
21. General duties of manufacturers, etc. as regards substances for use at work.
22. Explanations to sections 20 and 21.
23. Penalty for an offence under section 20 or 21.
PART VI - GENERAL DUTIES OF EMPLOYEES
24. General duties of employees at work.
25. Duty not to interfere with or misuse things provided pursuant to certain provisions.
26. Duty not to charge employees for things done or provided .
27. Discrimination against employee, etc.
PART VII - SAFETY AND HEALTH ORGANIZATIONS
28. Medical surveillance.
29. Safety and health officer
30. Establishment of safety and health committee at place of work.
31. Functions of safety and health committee.
Arrangement of Sections (OSHA 1994)
PART VIII - NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE, OCCUPATIONAL
POISONING AND OCCUPATIONAL DISEASES, AND INQUIRY
32. Notification of accidents, dangerous occurrence, occupational poisoning and
occupational diseases, and inquiry.
33. Director General may direct inquiry to be held.
34. Power of occupational safety and health officer at inquiry.
PART IX - PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE
35. Power to prohibit the use of plant or substance
36. Aggrieved person may appeal
PART X - INDUSTRY CODES OF PRACTICE
37. Approval of industry codes of practice.
38. Use of industry codes of practice in proceedings.
Arrangement of Sections (OSHA 1994)
PART XI - ENFORCEMENT AND INVESTIGATION
39. Powers of entry, inspection, examination, seizure, etc.
40. Entry into premises with search warrant and power of seizure.
41. Entry into premises without search warrant and power of seizure.
42. Power of forceful entry and service on occupier of signed copy of list of things seized from premises.
43. Further provisions in relation to inspection.
44. Power of investigation.
45. Power to examine witnesses.
46. Employer, etc., to assist officer.
47. Offenses in relation to inspection.
48. Improvement notice and prohibition notice.
49. Penalty for failure to comply with notice.
50. Aggrieved person may appeal.
Arrangement of Sections (OSHA 1994)
PART XII - LIABILITY FOR OFFENSES
51. General penalty.
52. Offenses committed by body corporate.
53. Offenses committed by trade union.
54. Offenses committed by agent.
55. Defence.
56. Body corporate or trade union liable to fine.
57. Aiding and abetting.
58. Safeguards against further personal liability.
59. Civil liability not affected by Parts IV, V and VI.
60. Onus of proving limits of what is practicable.
61. Prosecutions.
62. Compounding of offenses.
PART XIII - APPEALS
63. Appeal committees.
64. Powers of appeal committee.
65. Decision of appeal committee.
Arrangement of Sections (OSHA 1994)
PART XIV - REGULATIONS
66. Regulations.
PART XV - MISCELLANEOUS
67. Duty to keep secret.
SCHEDULES
Objects of the Act
azizanramli2010fkksa
Group Discussion [student activity]
Students are grouped into 9.
A copy of OSHA 1994 will be provided and each group will read a set of
sections from this act that being selected and assigned to them a week prior to
presentation.
Each group was given seven minutes maximum to present their discussion
outcomes on the next following week.
Discussion outcomes need to be displayed on mahjong paper (provided).
THANK YOU
