lecture by: dr. rumaizah ruslan

Lecture by:

Dr. Rumaizah Ruslan

Department of Production and Operation Management,

Faculty of Technology Management and Business,

Universiti Tun Hussein Onn Malaysia.

Learning objectives :

• Understand the purpose and scope of FMA 1967 and OSHA 1994.

• Understand the differentiation between FMA 1967 and OSHA 1994.

• Briefly explain the content of FMA 1967 and OSHA 1994.

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In the year 1967, the Factory and Machinery Act was approved by the Parliament of Malaysia.

This act was legislated to overcome the weaknesses in the Machinery Ordinance 1953,

- Employees not protected if they are working in a workplace that doesn’t use machinery.

An act to provide :

The control of factories with respect to matters relating to the safety, health and welfare of person.

The registration and inspection of machinery and for matters connected therewith.

Contain the following provisions:

Prevent accidents and diseases

Regulate use of machinery (eg. Gas cylinders, elevators, cranes)

1. Factories and Machinery (Certificates of Competency Examinations) Regulations 1970

2. Factories and Machinery (Electric Passenger and Goods Lift) Regulations 1970

3. Factories an Machinery (Notification of Fitness and Inspections) Regulations 1970

4. Factories and Machinery (Fencing of Machinery and Safety) Regulations 1970

5. Factories and Machinery (Person in Charge) Regulations 1970

Factories and Machinery (Person-In-Charge) (Amendment) Regulations 2014

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

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

Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) (Amendment) Regulations 2017

Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) Regulations 1970 : Fourth Schedule - Inspecting Authorities (Amendment) 2014

8. Factories and Machinery (Administration) Regulations 1970

9. Factories and Machinery (Compounding of Offences) Rules 1978

10. Factories and Machinery (Compoundable Offences) Regulations 1978

11. Factories and Machinery (Leads) Regulations1984

12. Factories and Machinery (Asbestos Process) Regulations 1986

13. Factories and Machinery (Building Operations and Works of Engineering Construction) (Safety) Regulations 1986

14. Factories and Machinery (Noise Exposure) Regulations 1989

Factories and Machinery (Noise Exposure) (Revocation) Regulations 2019

15. Factories and Machinery (Mineral Dust) Regulations 1989

16. Factories and Machinery (Special Scheme of Inspection) (Risk-Based Inspection) Regulations 2014

1) Factories And Machinery (Exemption Of Certificate Of Fitness For Unfired Pressure Vessel) Order 2017

2) Factories And Machinery (Exemption of Certificate of Fitness For Hoisting Machine) Order 2015

3) Factories And Machinery (Exemption To Petroliam Nasional Berhad) Order 2013

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OCCUPATIONAL SAFETY AND HEALTH ACT AND REGULATIONS 1994 (ACT 514)

Aims of OSHA 1994 :

Provide legislative framework to : ◦ Promote, stimulate, encourage high standards of safety

and health at work

Long term goal is to : ◦ Create a healthy and safe working culture and

environment in Malaysia

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OCCUPATIONAL SAFETY AND HEALTH ACT AND REGULATIONS, 1994

This legislation was made considering the fact that the Factories 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.

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Main principles that had been taken as the foundation in the drafting of this Act.

1. Self-regulation

To handle issues relating to occupational safetyand health, employers must develop a good andorderly management system. Starting withformation of a safety and health policy andconsequently employers have to make theproper arrangements to be carried out.

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2. Consultation tri-partite

where employers, employees and the governmentmust negotiate to settle issues and problems relatingto occupational safety and health at the workplace.

3. Co-operation

where employers and employees must co-operate totake care, nurture and to increase the quality ofoccupational safety and health at the workplace.

Without co-operation between employers andemployees, none of the occupational safety andhealth programmes carried out would succeed.

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Act applies throughout Malaysia.

But in which industry? Cover all?

Industries specified in the First Schedule EXCEPT:

• The Merchant Shipping Ordinance 1952/ The Merchant Shipping Ordinance 1960

• The armed forces.

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LIST OF INDUSTRIES COVERED BY OSHA 1994

Manufacturing

Mining and Quarrying

Construction

Agriculture, Forestry and Fishing

Utilities:

◦ Electricity

◦ Gas

◦ Water

◦ Sanitary services

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LIST OF INDUSTRIES COVERED BY OSHA 1994

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• Transportation, Storage and Communication

• Wholesale and Retail Trades

• Hotels and Restaurants

• Finance, Insurance, Real Estate and Business Services

• Public Services and Statutory Authorities

CONTENT OF OSHA 1994

There are 15 parts. The major provisions are:

Part 1 : Preliminary

Part 2 : Appointment of enforcement officers

Part 3 : National Council for Occupational Safety and Health

Part 4 : General duties of Employers and Self-Employed Persons

Part 5 : General duties of Designers, Manufacturers & Suppliers

Part 6 : General duties of Employees

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Part 7 : Safety and health organizations

Part 8 : Notification of Accidents, Dangerous Occurrence, Occupational Poisoning and Occupational Diseases & Inquiry

Part 9 : Prohibition against use of plant or substance

Part 10 : Industry code of practice

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Part 11 : Enforcement and investigation, and appeals

Part 12 : Liability for offences

Part 13 : Appeals

Part 14 : Regulations

Part 15 : Miscellaneous (Duty to keep secret; Schedules 1-3)

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GENERAL DUTIES (PART 4; SECTION 15-18)

Employers (and Self-employed) :

◦ To safeguard the safety, health and welfare of those employed under them; prepare written safety policy

◦ Ensure safety and health of equipment use and processes involved.

◦ Try to minimize risk of health

◦ No charge to employee for safety measure taken

◦ Duties to others : People and environment Non-employees must not be exposed to danger

Non-employees must be informed of possible hazard

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Designers, manufacturers, importers & suppliers :

◦ Must ensure safety of plants/devices and safe use of substances

◦ Arrange test/examination to ensure above

◦ Supply information related to safety and risk

◦ Research to eliminate or minimize risk – as practicable

◦ Ensure safety of plant/substances used

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48

20,000.00

(24-27)


Employees :

◦ Ensure no danger to themselves and others at work

◦ Cooperate with employers and others to meet statutory requirements

◦ Do not interfere/misuse anything provided to ensure safety, health, welfare in compliance with Act

◦ Protect against discrimination with respect to compliant on safety or executing duty as member of safety committee

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50

20,000.00

(24-27)

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Safety & Health Officer (SHO) :

SAFETY AND HEALTH ORGANIZATIONS (PART 7; SECTION 30)

Safety & Health Committee :

For employers with 40 employees or more

OR if directed by General Director of DOSH

Function : monitor safety measures, investigate accidents and a forum for employer/employee

Employer should consult the committee any matter relating to OSH

Penalty : Fine max RM5K or imprisonment max 6 months or both

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1. OSH (Employers' Safety and Health General Policy Statements) (Exception) Regulations 1995

2. OSH (Control of Industrial Major Accident Hazards) Regulations 1996

3. OSH (Safety and Health Committee) Regulations 1996

4. Occupational Safety and Health (Classification, Labelling and Safety Data Sheet of Hazardous Chemicals) Regulations 2013

5. OSH (Safety and Health Officer) Regulations 1997

6. OSH (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000

7. OSH (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease) Regulations 2004

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1. OSH (Safety and Health Officer) Order 1997

2. OSH (Prohibition of Use of Substance) Order 1999

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As guidance in complying the acts

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Chemical Management

Industrial Hygiene

Occupational Health

Transportation

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1) Industry Code of Practice On Chemicals Classification And Hazard Communication, 2014

2) Industry Code of Practice on Indoor Air Quality, 2010

3) Industry Code of Practice for Safe Working in a Confined Space, 2010

4) Code of Practice on Prevention and Eradication of Drug, Alcohol and Substance Abuse in the Workplace, 2005

5) Code of Practice on Prevention and Management of HIV/AIDS at the Workplace, 2001

6) Code of Practice for Road Transport Activities, 2010

7) Code of Practice on Safety, Health and Environment for Transportation Sector (SHE Code), 2007

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Is a guidance handbook; assist employers and safety representative in enforcing safety and health legislation.

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Agriculture, Forestry & Fishing

Building Construction & Engineering Work

Chemical

Competency

Ergonomic

General

HIRARC

Industrial Hygiene

Industrial Safety

Occupational Health

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Building Construction & Engineering Work

- Guidelines for the Prevention of Falls at Workplaces, 2007

Chemical

- A Manual of Recommended Practice on Assessment of the Health Risks Arising from the Use of Chemicals Hazardous to Health at the Workplace (3rd Edition) (First Reprint 2018)

Ergonomic

- Guidelines for Manual Handling at Workplace 2018

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General

- Guidelines for Media Professionals, 2012

- Guidelines on Occupational Safety and Health Management Systems (OSHMS), 2011

HIRARC

- Guidelines for Hazard Identification, Risk Assessment and Risk Control (HIRARC), 2008

Industrial Hygiene

- Guidelines on OSH for Lighting at Workplace

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Industrial Safety

- Guidelines on the safe use of lifts and escalators, 2010

- Guidelines on the Safety Management of Amusement Park Devices, 2008

Occupational Health

- Guidelines on First Aid in the Workplace (2nd Edition), 2004

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The list of OSH related laws and regulations are shown according to the authorities or body of enforcement.

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Petroleum (Safety

Measures) Act 1984

SUMMARY

The End

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lecture by: dr. rumaizah ruslan

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