CHAPTER 2:

LAW , REGULATIONS AND

GUIDELINES ON
OCCUPATIONAL SAFETY &
HEALTH
 CONTENTS :

• Legal Background
• Federal Agencies
• Factory and Machinery Act 1967
• OSHA 1994
• OHSAS 18001

2
 INTRODUCTION

OCCUPATIONAL SAFETY STARTED IN
1878

First Inspector of Boilers

BOILER SAFETY MACHINERY SAFETY
INDUSTRIAL SAFETY INDUSTRIAL
HYGIENE CHEMICAL SAFETY

Lead poisoning cases in the 70’s and 80’s

Silicosis cases in the 80’s

Bhopal disaster in India in 1984

Bright Sparklers in Malaysia in 1991

 FUNCTIONS OF THE DOSH

1. To study and review the policies and legislations of

occupational safety and health.

2. To enforce the following legislations :

a) Occupational Safety and Health Act 1994 and its
regulations
b) Factories and Machinery Act 1967 and its regulations.
c) Part of Petroleum Act 1984 (Safety Measures) and its
regulations.

3. To conduct research and technical analysis on issues related

to occupational safety and health at the workplace.
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4.To carry out promotional and publicity programs
to employers, workers and the general public to
foster and increase the awareness of occupational
safety and health.

5.To provide advisory service and information to

government and private agencies pertaining to
management and technical aspects of occupational
safety and health.

6.To become a secretariat for the National Council

regarding occupational safety and health.
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 STRUCTURE OF LEGISLATION
 Act
- Defines the scope and boundary and the
basic provisions.
- Gazetted by Parliament.

 Regulations
- Detailed specific requirements of the acts.
- Gazetted by the Minister.

 Guidelines / Code of Practise

- Guidance in complying with the acts. 6

- Not the law of the country.

 Act 514
Occupational Safety and Health Act 1994

Regulations under OSHA 1994

Occupational Safety and Health (Safety and Health Officer) Order 1997
Occupational Safety and Health (Prohibition of Use of Substance) Order 1999

Guidelines Code of practice

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 LEGISLATIONS RELATED TO
CHEMICALS

PESTICIDES ACT 1974

POISONS ORDINANCE 1953

SALE OF DRUGS ACT 1952

ATOMIC ENERGY LICENSING ACT 1984

ENVIRONMENTAL QUALITY (SCHEDULED

WASTE) REGULATIONS 1989

FACTORIES & MACHINERY ACT 1967

PETROLEUM (SAFETY MEASURES) ACT 1984

OCCUPATIONAL SAFETY & HEALTH ACT 1994


Factory & Machinery Act 1967
(Act 139)

Occupational, Safety and Health

1994 (Act 514)

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 FACTORY & MACHINERY ACT 1967

This act was legislated to overcome the

weaknesses in the Machinery Ordinance
1953.

Note :
They were not protected if they are working in a
workplace that doesn’t use machinery.
 BACKGROUND

• Selangor Enactment 1892

• Machinery Ordinance 1913

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• Machinery Enactment 1932

• Machinery Ordinance 1953

• Factories & Machinery Act, 1967

(15 Regulations)

• Occupational Safety & Health Act, 1994

 REGULATIONS UNDER FMA 1967

Factories And Machinery (Steam Boiler And Unfired Pressure Vessel)
Regulations 1970.

Factories And Machinery (Electric Passenger And Goods Lift)

Regulations 1970.

Factories And Machinery (Fencing of Machinery And Safety)

Regulations 1970.

Factories And Machinery (Persons-In-Charge) Regulations 1970.

Factories And Machinery (Safety, Health And Welfare) Regulations 1970.

Factories And Machinery (Administration) Regulations 1970.

Factories And Machinery (Certificates of Competency - Examinations)

Regulations 1970. 12

Factories And Machinery (Notification, Certificate of Fitness And
Inspection) Regulations 1970.

Factories And Machinery (Compounding of Offences) Regulations 1978.

Factories And Machinery (Compoundable Offences) Regulations 1978.

Factories And Machinery (Lead) Regulations 1984.

Factories And Machinery (Asbestos) Regulations 1986.

Factories And Machinery (Building Operations and Works of

Engineering Construction) (Safety) Regulations 1986.

Factories And Machinery (Noise Exposure) Regulations 1989.

Factories And Machinery (Mineral Dust) Regulations 1989.

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OCCUPATIONAL, SAFETY AND
HEALTH 1994
(ACT 514)

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 OCCUPATIONAL SAFETY AND
HEALTH, OSHA ACT 1994
(ACT 514)

This legislation was made considering the fact that the
Factory and Machinery Act 1967 only covers
occupational safety and health in the manufacturing,
mining, quarrying and construction industries,
whereas the other industries are not covered.

Not applicable to :
- Merchant Shipping Ordinance 1952
- Merchant Shipping Ordinance 1960 of Sabah or
Sarawak
- Armed Forces
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 APPLICATION OF OSHA
Apply throughout Malaysia to the industries as follows :
» Manufacturing;
» Mining and Quarrying;
» Construction;
» Agriculture, Forestry and Fishing;
» Utilities such as Electricity, Gas, Water and sanitary
Services;
» Transport, Storage and Communication;
» Wholesale and Retail Trades;
» Hotels and Restaurants;
» Finance, Insurance, Real Estate and Business Services
» Public Services and Statutory Authorities
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» Education
 REGULATIONS UNDER OSHA 1994

Occupational Safety and Health (Employers’ Safety and Health
General Policy Statements) (Exception) Regulations 1995.

Occupational Safety and Health (Control of Industrial Major Accident
Hazards) Regulations 1996.

Occupational Safety and Health (Safety & Health Committee) Reg.

1996.

Occupational Safety and Health (Classification, Packaging and

labeling of Hazardous Chemicals) Regulations 1997.

Occupational Safety and Health (Safety and Health Officer)

Regulations 1997.

Occupational Safety and Health (Safety and Health Officer) Order

1997.

Occupational Safety and Health (Prohibition of Use of Substance)

Order 1999.

Occupational Safety and Health (Use & Standards of Exposure 17

of
Chemicals Hazardous to Health) Reg. 2000.

Thepurpose of Occupational Safety and Health
Act 1994 is to promote and encourage
occupational safety and health awareness
among workers and to create organization
along with effective safety and health measures.

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 OBJECTIVE OF OSHA 1994
1. To secure the safety, health and welfare of persons at
work against risks
2. To protect persons at a place of work other than persons at
work against risks.
3. To promote an occupational environment for persons at
work which is adapted to their physiological and
psychological needs.
4. To provide the means whereby the associated occupational
safety and health legislations may be progressively replaced by
a system of regulations and approved industry codes of practice
operating in combination with the provisions of this Act
designed to maintain or improve the standards of safety and
health.
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 THE OCCUPATIONAL SAFETY AND HEALTH ACT
1994
ARRANGEMENT OF SECTIONS

Part I – 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.
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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

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. 21

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.

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.
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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.

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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.

Part XIV – Regulations
66. Regulations.

Part XV – Miscellaneous
67. Duty to keep secret.

Schedules
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 OCCUPATIONAL SAFETY AND HEALTH
(EMPLOYERS’ SAFETY AND HEALTH GENERAL
POLICY STATEMENTS)(EXCEPTION) REG. 1995

According to Section 16 of OSH Act, except in such cases as may

be prescribed, it shall be the duty of every employer and
every self-employed person to prepare and as often as may be
appropriate revise a written statement of his general policy
with respect to the safety and health at work of his
employees and the organizations and arrangements for the
time being in force for carrying out that policy and to bring the
statement and any revision of it to the notice of all of his
employees.

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The OSH policy demonstrates the company's
concern, commitment and attempts to ensure
safety and health of the employees. It acts as a
basis for developing and implementing programme for
securing safety and health at the workplace.

Every employer and self employed person must develop a

Safety and Health POLICY

Exception : less than 5 employees

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 OSH (CONTROL OF INDUSTRIAL MAJOR
ACCIDENT HAZARDS) REGULATIONS 1996-
CIMAH

Part 1: Preliminary

Part 2: Identification and notification of an industry activities

Part 3: Demonstration of safe operation for non-major hazard
installation

Part 4: Report on industrial activity and preparation of
emergency plan for major hazard installation

Part 5: Notification of major accident

Part 6: Penalty

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 OSH
(CLASSIFICATION, PACKAGING AND LABELING OF
HAZARDOUS CHEMICALS) REGULATIONS 1997- CPL
(CLASS DISCUSSION)

1. Citation and commencement

2. Interpretation
3. Application
4. Duty of supplier to classify
5. Packaging requirements
6. Seal of package
7. Labeling
8. Dimension of label
9. Duty of supplier to furnish Chemical Safety Data
Sheet
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10. Confidential information on chemical
 OSH
(SAFETY AND HEALTH OFFICER)
REGULATIONS 1997

Part 1: Preliminary

Part 2: Registration of a safety and health officer

Part 3: Notification of a safety and health officer

Part 4: Duties of an employer

Part 5: Duties of safety and health officer

Part 6: Miscellaneous

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 OSH
(SAFETY AND HEALTH OFFICER) ORDER 1997

Citation and commencement

Interpretation

Class or description of industries

required to employ safety and health
officer

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 DUTIES OF A SAFETY & HEALTH OFFICER
(SUMMARY FROM OSHA 1994)

To advise the employer or any person in charge of a
place of work.

To inspect the place of work; to identify all hazards

that can cause injury/unsafe working conditions.

To investigate any accidents, near miss, dangerous

occurrence, occupational poisoning/disease.

To assist the safety committee in all HSE related

matter.
31

To become the secretary of the safety committee.

To collect/analyze and maintain statistics.

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 OSH
(PROHIBITION OF USE OF SUBSTANCE) ORDER 1999

Citation and commencement

Prohibition of use of substance
4-aminodiphenyl; Manufacture and use for all purposes To prevent cancer
benzidine;2-naphthylamine; including any manufacturing process in
4-nitrodiphenyl; their salt & which a substance described in column
substance exceeding 0.1% (1) is formed, except for research or
analytical purposes
White phosphorus Use in the manufacture of matches Chronic phosphorus
poisoning (osteomyalitis of
the jaw bone)
Benzene Cleaning and degreasing purposes Human carcinogen
Carbon disulphide; carbon Cleaning and degreasing purposes Damage to nervous system
tetrachloride and n-hexane Liver or kidney nacrosis
Damage to paripheral
nerves
Crocidolite All purposes except for research or Lung cancer and
analytical purposes mesotheliomas

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 OSH
(USE & STANDARDS OF EXPOSURE OF CHEMICALS
HAZARDOUS TO HEALTH) REGULATIONS 2000

Part 1: Preliminary

Part 2: Identification of chemical hazardous to health

Part 3: Permissible exposure limit

Part 4: Assessment of risk to health

Part 5: Action to control exposure

Part 6: Labeling and Re labeling

Part 7: Information, instruction and training

Part 8: Monitoring of exposure at the place of work

Part 9: Health Surveillance

Part 10: Medical removal protection

Part 11: Warning sign
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Part 12: record keeping
 OSH
(SAFETY AND HEALTH COMMITTEE)
REGULATIONS 1996-SHC

Part 1: Preliminary

Part 2: Composition of safety and health
committee

Part 3: Functions of safety and health committee

Part 4: Meetings of safety and health committee

Part 5: Provisions of training and information

Part 6: Penalty
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 THE OSH COMMITTEE

According to the section 30 of the OSH Act, every

employer who has more than 40 workers or as
directed by the Director General, must establish a
safety and health committee at their workplace.

The objective of the committee is to foster

cooperation and consultation between
management and workers in identifying,
evaluating and controlling hazards at
workplaces. It is also an effective channel of
communication to exchange ideas to solve problems
relating to occupational safety and health. Feedback
from workers will greatly assist employers to promote
and provide a safe and healthy work environment. 36

The membership of the committee consist of a chairman, a
secretary, representatives of employers and representatives
of employees. The functions of the committee are as
followed:

Keep under review the measures taken to ensure the safety and health
of persons at the workplace.

Investigate any matters at the workplace that is considered is not safe

or is a risk to health and which has been brought to the attention of the
employer.

Investigate any matters which has been brought to the attention of the
employer.

Attempt to resolve any matter that is not safe or risky and if it is

unable to do so, request the Director General of the Department of
Occupational Safety and Health to carry out an inspection.
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FMA 1997 VS OSHA 1994

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