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Chapter 2: OSHA Acts, Standards & Liability

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Factories & Machinery Act 1967

FMA 1967 Main Sections

Regulations under the Act

Occupational Safety & Health Act 1994

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The Factories & Machinery Act 1967 was enacted in 1967 was Act 64

It was revised on on 1st April 1974 and amended to the Laws of Malaysia Act 139

Main goals of the Act:◦ To provide control on factories to secure safety,

health & welfare of persons working there

◦ Registration & inspection of machineries

The scope of FMA 1967 covers in the following sectors:◦ Manufacturing

◦ Mining & quarrying

◦ Construction

FMA 1967 provides prescriptive provisions of which over time, became irrelevant

The provisions provide in depth, necessary actions to be taken in order to avoid the occurrence of accidents from happening again in the future

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Initially, the Act’s approach was based on the traditional method of using a checklist system

This checklist emphasize on workers, system of work, machineries & working environment by preventing accidents & industrial diseases

This approach gave the impression of a total control by the government in terms of occupational safety & health

Resulting in industries became too dependent on government regulations

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Unfortunately, many accident cases involving the industries were recorded at an alarming rate, especially fatality & permanent disability cases

Thus the need by the government to add in additional piece of law to control these activities

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Part 1: Preliminary

Part 2: Safety, health & welfare

Part 3: Persons-in-charge & certificates of competency

Part 4: Notifications of accidents, dangerous occurrence & dangerous diseases

Part 5: Notice of occupation of factory & registration & use of machinery

Part 6: General

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Part 1: Preliminary◦ There must be premises & its boundaries can be

defined

◦ Within the premises, there is manual labor doing process

◦ The process must involves the making, altering, repairing, ornamenting, finishing, cleaning, washing, breaking up, demolition or adapting for sale; and Part 1 – building operations, hoisting machine, machinery, steam

◦ The processes must be for trading

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Part 1: Preliminary◦ Factory maybe defined as any premises or part of a

premises where trade for the purposes of gain to any business, where 5 or more persons are employed

◦ Covers all places of work using machinery including building operations & works of engineering construction

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Part 2: Safety, health & welfare◦ Premises must be structurally sound with safe

access to work areas, materials & goods must be safely stacked (Section 10)

◦ Machinery must be of sound construction & dangerous parts must be fenced (Section 14, 15 & 16)

◦ Employees must not misuse safety & health equipments (Section 20)

◦ Employees not to endanger himself or other person

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Part 2: Safety, health & welfare◦ Premises must be kept in clean state, with adequate

work space, ventilation, lighting and toilets (Section 22)

◦ Persons must be supplied with adequate facilities for clothing, storage, drinking, water, first aid and washing facilities (Section 25)

◦ Employees must be trained on the safety of machinery (Section 26)

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Part 3: Persons-in-charge & certificates of competency◦ Machinery operators must be adequately trained or

under the supervision of a trained person (Section 26)

◦ Young persons (< 16 years) must not operate machinery (Section 28)

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Part 4: Notifications of accidents, dangerous occurrence & dangerous diseases◦ The occupier must notify the nearest inspector of

accidents and diseases. Accidents include:

Loss of life

Injury to a person who loses more than 4 days work (loss time injury –LTI);

Serious damage to machinery or other property (Section 31)

◦ Inspectors may investigate accidents and dangerous occurrence and hold enquiries into more serious cases (Section 33)

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Part 5: Notice of occupation of factory & registration & use of machinery◦ Notify Department of Occupational Safety & Health

(DOSH) within 3 months of the intended start date (Section 34)

◦ Building operations must be notified if last more than 6 weeks(Section 35)

◦ Changes to the use of factory or machinery must be notified to DOSH

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Part 5: Notice of occupation of factory & registration & use of machinery◦ Fills a standard form together with:

layout plan of the factory

list of products to be manufactured

list of machines to be use

list of chemicals, toxic or flammable substances to be used

detail flow chart of the processes

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Part 6: General◦ General penalty RM2,000.00

◦ Certain sections is RM5,000.00 (Section 51)

◦ Or imprisonment not exceeding 2 years

◦ Or both

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Factories and Machinery (Certificates of Competency –Examinations) 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 (Notification of Fitness and Inspections) Regulations, 1970

Factories and Machinery (Person-In-Charge) Regulations, 1970

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

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

Factories and Machinery (Administration) Regulations, 1970

Factories and Machinery (Compounding of Offences) Rules, 1978

Factories and Machinery (Compounding of Offences) Regulations, 1978

Factories and Machineries (Lead) Regulations, 1984

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Factories and Machineries (Asbestos Process) 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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OSHA was enacted on 25 February 1994

Goals of OSHA:

◦ to secure the safety, health and welfare of persons at work against risks to safety or health arising out of the activities of persons at work;

◦ to protect persons at a place of work other than persons at work against risks to safety or health arising out of the activities of persons at work;

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to promote an occupational environment for persons at work which is adapted to their physiological and psychological needs;

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 Act shall covers to all sectors of economy as specified in the First Schedule:

◦ Manufacturing

◦ Mining & quarrying

◦ Construction

◦ Agriculture, Forestry & Fisheries

◦ Electricity, Gas, Water & Sanitary Services

◦ Transport, Storage & Communication

◦ Wholesale & Retail Trades

◦ Hotels & Restaurants

◦ Finance, Insurance, Real Estate & Business Services

◦ Public Services & Statutory Authorities

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The Act shall NOT covers to:

◦ Workers on board ships (Merchant Shipping Ordinance 1952, the Merchant Shipping Ordinance 1960 of Sabah or Sarawak)

◦ Armed forces (Army, Navy, etc)

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Philosophy & Principles

◦ The Act addresses the responsibility to ensure a safe and healthy workplace lies with those who create the risk and those who work with the risk

◦ This philosophy advocates three main principles:

Self regulation

Consultation

Worker cooperation and participation

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Consists of 15 parts:

◦ Preliminary

◦ Appointment of officers

◦ National Council for Occupational Safety and Health

◦ General Duties of Employers and Self-Employed Persons

◦ General Duties of Designers, Manufacturers, and Suppliers

◦ General Duties of Employees

◦ Safety and Health Organizations

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◦ Notification of Accidents, Dangerous Occurrence, Occupational Poisoning and Occupational Diseases, and Inquiry.

◦ Prohibition Against Use of Plant or Substance

◦ Industry Code of Practice

◦ Enforcement and Investigation

◦ Liability for Offences

◦ Appeals

◦ Regulations

◦ Miscellaneous

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The employer is obligated to protect the employees in relation to safety, health and welfare through the following procedures:◦ To provide and maintain a safe plant and working

system

◦ To put in place procedures so as to ensure safety and health in the usage, handling, storage and transportation of the plant and supplies

◦ To provide information, instruction, training and supervision for new and old employees

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◦ To provide and maintain a working environment that is safe and free from health hazards

◦ To provide the necessary amenities for the welfare of those who are working

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Safe system of work refers to:◦ Safe premises and plant

◦ Effective preventive maintenance

◦ Adequate lighting and ventilation

◦ Selection, instruction and training for workers

◦ Competent supervision and enforcement of rules and regulations

◦ Additional protection for disabled persons

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The arrangement of safety and health means:◦ Providing personal protective equipment and proper

tools

◦ Safe handling arrangements

◦ Adequate and safe storage facilities

◦ Safe transportation arrangements

◦ Loads are stable and securely fastened

◦ Substances are safely packed

◦ Provision and maintenance of the workplace in terms of access and exit routes

◦ Provision and maintenance of a working environment with adequate welfare facilities

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Part VI – General duties of Employees◦ Every employee has the responsibility:

To take reasonable care for the safety and health of himself and of other persons.

To co-operate with the employer and others so as to fulfill the provision of the law.

To wear or use at all times any protective equipment or clothing provided by the employer for the purpose of preventing risks to his safety and health.

To comply with any instruction or measure on occupational safety and health instituted by the employer or any other person.

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Part VII – Safety & Health Organization◦ Safety and Health Officer

An employer who is classified under the Safety and Health Act 1994 must employ a competent person to act as a Safety and Health Officer.

The Safety and Health Officer is to ensure that the Safety and Health Act 1994 is complied with and also instrumental in promoting a safe and healthy working environment.

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Safety and Health Committee◦ Under this provision every employer shall establish

a safety and health committee when:

there are 40 or more employees in the workplace

OR

when instructed by the Director General of DOSH

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The functions of the Safety and Health Committee at the workplace are :◦ To review the safety and health procedures at the

workplace

◦ To investigate any complaints or other related matters that are raised

◦ To hold regular discussions with the employer on issues relating to safety and health at the workplace

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Part VIII - Notification of Accidents, Dangerous Occurrence, Occupational Poisoning and Occupational Diseases, and Inquiry◦ This Part stipulates the provisions pertaining to the

notification of accidents, dangerous occurrence, occupational poisoning and occupational diseases to the nearest DOSH office

◦ Registered medical practitioners are also required to report to the Director General any diseases listed under the Third Schedule of the FMA 1967 if a patient is believed to be suffering from the said diseases

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◦ It also stipulates the provision of inquiry to be held by an Occupational Safety and Health Officer.

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Part XII – Liability for offences◦ General penalty

Maximum fine of RM 10,000 or one year imprisonment or both

Continuing offence – maximum of RM 1,000 per day

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Types of Liabilities & offences

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Part XIV – Regulations◦ The Regulations made under this provision (Section

66) are:

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 and Health Committee) Regulations 1996

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Part XIV – Regulations Occupational Safety and Health (Classification,

Packaging and Labeling of Hazardous Chemicals) Regulations 1997

Occupational Safety and Heath (Safety and Health Officer) Regulations 1997

Occupational Safety and Heath (Safety and Health Officer) Order 1997

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

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Part XIV – Regulations Occupational Safety and Health (Use and Standards of

Exposure of Chemicals Hazardous to Health) Regulations 2000

Occupational Safety and Health (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease) Regulation 2004

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Copyright © Mr.Mohd. Azarulsani b. Md. Azidin

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