chapter-2-laws-regulations-sem21415.ppt

BKC3533 OSH IN CHEMICAL INDUSTRIES*Dr. Ghazi Faisal Najmuldeen FKKSA

Dr. Ghazi Faisal Najmuldeen FKKSA

Dr. Ghazi Faisal Najmuldeen FKKSA*


*Dr. Ghazi Faisal Najmuldeen FKKSA


At the end of this topic, it is expected that students will be able to:Discuss important contents in FMA 1967 (OSH-related)

Discuss important contents in OSHA 1994

Comprehend OSHA 1994, FMA 1967, and other relevant codes of practices and guidelines

Comprehend safety and health management system as guided by ILO (International Labor Organization)

Explain the role and function of Occupational Safety and Health Management System (ILO-OSH)

Discuss codes of practice and guidelines related to safety and health matter



The history and development of DOSH (Department of Occupational Safety & health ) 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)



FMA 1967

Petroleum (Safety Measures) Act 1984

OSHA 1994

Codes of Practice and Guidelines



FMADr. Ghazi Faisal Najmuldeen FKKSA*


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



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*Dr. Ghazi Faisal Najmuldeen FKKSA


OSHADr. Ghazi Faisal Najmuldeen FKKSA*


Introduction History (Cont.)

The OSHA defines general duties of 1-employers, 2-manufacturers, 3-employees, 4-the self-employed, 5-designers, 6-formulators, 7-importers and 8-suppliers.



Introduction History (Cont.)

The Acts also provides for the

1-appointment of enforcement officers;

2-establishment of a National Council for Occupational Safety and Health;

3- the formulation of organizations policy and arrangement to secure the safety, health and welfare of people at work and protect other people against risks posed by work activities.



Application of the law

ManufacturingMining and quarryingConstructionAgriculture, forestry and fishingUtilities (electricity, gas, water and sanitary services)Transport, storage and communication, wholesales and retail tradesHotels and restaurantsFinance, insurances, real estate and business servicesPublic 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



PART I - PRELIMINARYSection 1. Short title and application.Section 2. Prevailing laws.Section 3. Interpretation.Section 4. Objects of the Act.PART II - APPOINTMENT OF OFFICERSSection 5. Appointment of Officers.Section 6. Appointment of independent inspecting bodySection 7. Certificate of authorizationPART III - NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND HEALTHSection 8. Establishment of the Council.Section 9. Membership of the Council.Section 10. Second Schedule to apply.Section 11. Powers and functions of the Council.Section 12.Appointment of secretary to the Council.Section 13. Committees.Section 14. Annual report.PART IV - GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSONSSection 15. General duties of employers and self-employed persons to their employees.Section 16. Duty to formulate safety and health policy.Section 17. General duties of employers and self-employed persons to persons other than their employees.Section 18. Duties of an occupier of a place of work to persons other than his employees.Section 19. Penalty for an offence under section 15. 16. 17 or 18*Dr. Ghazi Faisal Najmuldeen FKKSA


PART V - GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND SUPPLIERSSection 20. General duties of manufacturers, etc. as regards plant for use at work.Section 21. General duties of manufacturers, etc. as regards substances for use at work.Section 22. Explanations to sections 20 and 21.Section 23. Penalty for an offence under section 20 or 21.PART VI - GENERAL DUTIES OF EMPLOYEESSection 24. General duties of employees at work.Section 25. Duty not to interfere with or misuse things provided pursuant to certain provisions.Section 26.Duty not to charge employees for things done or provided .Section 27. Discrimination against employee, etc.PART VII - SAFETY AND HEALTH ORGANIZATIONSSection 28. Medical surveillance.Section 29. Safety and health officerSection 30.Establishment of safety and health committee at place of work.Section 31. Functions of safety and health committee.*Dr. Ghazi Faisal Najmuldeen FKKSA


PART VIII - NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING AND OCCUPATIONAL DISEASES, AND INQUIRYSection 32. Notification of accidents, dangerous occurrence, occupational poisoning and occupational diseases, and inquiry.Section 33. Director General may direct inquiry to be held.Section 34. Power of occupational safety and health officer at inquiry.PART IX - PROHIBITION AGAINST USE OF PLANT OR SUBSTANCESection 35. Power to prohibit the use of plant or substanceSection 36. Aggrieved person may appealPART X - INDUSTRY CODES OF PRACTICESection 37. Approval of industry codes of practice.Section 38. Use of industry codes of practice in proceedings.*Dr. Ghazi Faisal Najmuldeen FKKSA


PART XI - ENFORCEMENT AND INVESTIGATIONSection 39. Powers of entry, inspection, examination, seizure, etc.Section 40. Entry into premises with search warrant and power of seizure.Section 41.Entry into premises without search warrant and power of seizure.Section 42. Power of forceful entry and service on occupier of signed copy of list of things seized from premises.Section 43. Further provisions in relation to inspection.Section 44. Power of investigation.Section 45. Power to examine witnesses.Section 46. Employer, etc., to assist officer.Section 47. Offenses in relation to inspection.Section 48. Improvement notice and prohibition notice.Section 49. Penalty for failure to comply with notice.Section 50. Aggrieved person may appeal.



PART XII - LIABILITY FOR OFFENSESSection 51. General penalty.Section 52. Offenses committed by body corporate.Section 53. Offenses committed by trade union.Section 54. Offenses committed by agent.Section 55. Defense.Section 56. Body corporate or trade union liable to fine.Section 57. Aiding and abetting.Section 58. Safeguards against further personal liability.Section 59. Civil liability not affected by Parts IV, V and VI.Section 60. Onus of proving limits of what is practicable.Section 61. Prosecutions.Section 62. Compounding of offenses.PART XIII - APPEALSSection 63. Appeal committees.Section 64. Powers of appeal committee.Section 65. Decision of appeal committee.

*Dr. Ghazi Faisal Najmuldeen FKKSASection


PART XIV - REGULATIONSSection 66. Regulations.PART XV - MISCELLANEOUSSection 67. Duty to keep secret.SCHEDULES



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.*Dr. Ghazi Faisal Najmuldeen FKKSA


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 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)*Dr. Ghazi Faisal Najmuldeen FKKSA


DOSH is a governmental department under the Ministry of Human Resources Malaysia.

Responsible for ensuring : 1- The safety of persons at work 2- Health and welfare of persons at work

3- Protections of other people from hazards to safety and health arising from activities of persons at working in various economic sectors .



VisionTo be a dynamic organization that leads the nation in creating a safe and healthy work culture towards enhancing the quality of working lifeObjectivesTo 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 workTo 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.



Economic sectors, that are covered by DOSH

1-Manufacturing2-Mining and quarrying3-Construction4-Hotels and restaurants5-Agriculture, forestry and fishing6-Transport, storage and communication7-Public services and statutory authorities8-Utilities-electricity, gas, water and sanitary9-Trades finance, insurance, real estate and business services10-Wholesale and retail trades



PART IV Section 15 : DUTIES OF EMPLOYERS & SELF EMPLOYED PERSONS TO THEIR EMPLOYEES1- Safe plant and systems of work2- Safe use, storage and handling of plant and substances.3- Information, instruction, training and supervision.4- Safe place of work.5- Safe access and egress (outlet).6- Written general OSH policy.7- Not to charge employees for things done or provided.8- Employer to report accidents, dangerous occurrences, occupational poisonings or diseases to DOSH. PENALTYRM 50,000 or 2 years jail or both.6*Ghazi Faisal Najmuldeen


PART V Section 20 : DUTIES OF DESIGNERS, MANUFACTURERS, IMPORTERS AND SUPPLIERS OF PLANT

1- Ensure plant is designed and constructed to be safe when properly used.2- Test and examine plant before it is used.3- Provide information for safe use.4- Designers and manufacturers of plant must ensure research and minimize risks.5- Persons who erect or install plant to ensure it can be used safely.PENALTYRM 20,000 or 2 years jail or both.7*Ghazi Faisal Najmuldeen


PART VI Section 24: DUTIES OF EMPLOYEES AT WORK1- Reasonable care of self and others. 2- Cooperate to help others discharge their duties.3- Use protective equipment or clothing provided.4- Comply with instructions or measures made in accordance with OSH legislation.5- Not to interfere or misuse things done in accordance with OSH legislation.PENALTYRM 1,000 or 3 months jail or both.8*Ghazi Faisal Najmuldeen


PART VII (28): MEDICAL SURVEILLANCEMedical surveillance and examination, not including medical treatment of preventive in character, for employees to be conducted by the employer.PART VII (29): SAFETY & HEALTH OFFICERSOccupiers in specified industries to employ competent SHO at place of work.PART VII(30): SAFETY AND HEALTH COMMITTEES

Compulsory for employees of 40 or more9*Ghazi Faisal Najmuldeen


PART VIII Section 32 : NOTIFICATION OF ACCIDENTS,DANGEROUS OCCURRENCES, OCCUPATIONALPOISONING, DISEASES AND INJURY Employer shall notify the nearest DOSH office of any

1- Accident, 2- Dangerous occurrence, 3- Occupational poisoning4- Occupational disease which has occurred or likely to occur at the place of work.10*Ghazi Faisal Najmuldeen


1.1. These guidelines should contribute to the protection of workers from hazards and to the elimination of work-related injuries, ill health, diseases, incidents and deaths.1.2. At national level, the guidelines should:

1-be used to establish a national framework for OSH management system. (supported by national laws & regulations)

2-provides guidelines for the development of voluntary arrangement to strengthen compliance with regulations and standards.

3-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 on Occupational Safety and Health Mgt. System ILO-OSH 2001 [OBJECTIVES ]

1.3. At the level of the organization, the guidelines are intended to:

1-Provide guidance regarding the integration management system elements in the organization as a components of policy and management arrangements. 2-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.



2.1. 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 be done in consultation with the most representative organizations of employers and worker, and with other bodies as appropriate.



Guidelines on Occupational Safety and Health Mgt. System ILO-OSH 2001 A national framework for occupational safety and health management systems

The national policy on OSH management system should establish general principles and procedure to: 1- promote the implementation and integration of OSH mgt. system as part of the overall management of an organization 2- Facilitate and improve voluntary arrangement for the systematic identification, planning, implementation and improvement of OSH activities at national and organization levels 3- Promote the participation of workers and their representative at organization level.



(cont - The national policy on OSH management system should establish general principles and procedure to:

4- Implement continual improvement while avoiding unnecessary bureaucracy, administration and costs.

5-Promote collaborative and support arrangement for OSH management systems at the organization level by labors inspectorates, occupational safety and health services and other services, and channel their activities into a consistent framework for OSH management

6- Evaluate the effectiveness of the national policy and framework at appropriate intervals

7- Evaluate and publicize the effectiveness of OSH management systems and practice by suitable means

8- 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.*Dr. Ghazi Faisal Najmuldeen FKKSA


Cont.2.1.3. With a view to ensuring the coherence of the national policy and of arrangements for its implementation, the competent institution should establish a national framework for OSH management systems to :

1- Identify and establish the respective functions and responsibilities of the various institutions called upon to implement the national policy, and make appropriate arrangements to ensure the necessary coordination between them;

2- Publish and periodically review national guidelines on the voluntary application and systematic implementation of OSH management systems in organizations;Dr. Ghazi Faisal Najmuldeen FKKSA*


Cont

3- Establish criteria, as appropriate, for the designation and respective duties of the institutions responsible for the preparation and promotion of tailored guidelines on OSH management systems; and 4- Ensure that guidance is available to employers, workers and their representatives to take advantage of the national policyDr. Ghazi Faisal Najmuldeen FKKSA*


2.1.4. The competent institution should make arrangements and provide technically sound guidance to labour inspectorates, OSH services and other public or private services, agencies and institutions dealing with OSH, including health-care providers, to encourage and help organizations to implement OSH management systems. 2.2. National guidelines2.2.1. National guidelines on the voluntary application and systematic implementation of OSH management systems should be elaborated based on the model provided in Chapter 3, taking into consideration national conditions and practice.2.2.2. There should be consistency between the ILO guidelines, the national guidelines and the tailored guidelines, with sufficient flexibility to permit direct application or tailored application at the organization level.Dr. Ghazi Faisal Najmuldeen FKKSA*


2.3. Tailored guidelines

2.3.1. Tailored guidelines, reflecting the overall objectives of the ILO guidelines, should contain the generic elements of the national guidelines and should be designed to reflect the specific conditions and needs of organizations or groups of organizations, taking into consideration particularly:

(a) their size (large, medium and small) and infrastructure; and(b) the types of hazards and degree of risks.

2.3.2. The links between the national framework for OSH management systems (OSH-MS) and its essential elements are illustrated in figure 1.Dr. Ghazi Faisal Najmuldeen FKKSA*


*Dr. Ghazi Faisal Najmuldeen FKKSAFigure 1. Elements of the national framework for OSH management systems


3- The occupational safety and health management system in the organization

Occupational safety and health, including compliance with the OSH requirements pursuant to national laws and regulations, are the responsibility and duty of the employer. The employer should show strong leadership and commitment toOSH activities in the organization, and make appropriate arrangements for the establishment of an OSH management system. The system should contain the main elements of : policy, organizing, planning and implementation, evaluation and action for improvement, as shown in figure 2.Dr. Ghazi Faisal Najmuldeen FKKSA*


*Dr. Ghazi Faisal Najmuldeen FKKSAFigure 2. Main elements of the OSH management system


ILO-OSH 2001 (Section Three)1- POLICYInclude activities related to the development of the organizations OSH policy statement and the structures and practices that insure active and meaningful worker participation in OSH arrangement2- ORGANIZINGAddresses the establishment of OSH responsibilities & accountabilities structures, a training system, competency definitions, documentation practices, and a communication system3- PLANNING AND IMPLEMENTINGAddresses those activities associated with the fulfilment of the principles expressed in the OSH policy statement. These activities include the initial assessment of OSH arrangements that support the actual system planning, development and implementation functions



Cont4- EVALUATIONAddresses those functions associated with measuring the management systems performance. This involves the development of performance monitoring and measurement protocols, investigation practices for accidents, auditing methods, and management review arrangements.

5- ACTION FOR IMPROVEMENTAddresses issues associated with preventive/corrective actions and continual improvement. With the information obtained from performance monitoring and measurement, investigations, audits, and management review, appropriate preventive/corrective and continual improvement actions can be taken. The notion of continual improvement is a central distinction in the ILO-OSH 2001





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chapter-2-laws-regulations-sem21415.ppt

Documents

fm safety health

rulesfmlead regulation

fmadministration regulation

charge regulation

inspection regulation

era of occupational

fm noise exposure regulation

fm asbestos process