chapter 2 law regulation standard
DESCRIPTION
LAWS, REGULATION AND STANDARDSFOR RISK ASSESSMENT AND PLANT SAFETY IN MALAYSIATRANSCRIPT
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CHAPTER 2LAWS, REGULATION AND STANDARDS
KEJ4502Risk Assessment and Plant Safety
9th March 2015 .
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Occupational Accidents Statistics by Sectors in Malaysia (Dec 2014)
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Source: www.dosh.gov.my
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Occupational Accidents Statistics by State in Malaysia (Dec 2014)
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Source: www.dosh.gov.my
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Fatal Accident Case (Fire & Explosion)
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Source: www.dosh.gov.my
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Fatal Accident Case (Chemical exposure)
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Source: www.dosh.gov.my
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WHAT ARE THE RIGHTS FOR WORKERS?
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What rights do the
workers have under OSHA?
Right to Safe & healthful workplace
Right to know about
hazardous chemicals
Right to info about injuries & illnesses in
workplace
Right to complain or
request hazard
correction
Right to training
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What rights do the
workers have under OSHA?
Right to hazardous
exposure and medical records
Right to file a complaint with
OSHA
Right to participate in
an OSH inspection
Right to be free from retaliation
for exercising safety and
health rights
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What responsibilities
does an employer has under OSHA?
Provide a workplace free from recognised hazards and comply
with OSHA standards
Keep records of injuries and illnesses
Provide medical exams when required
by OSHA standards and provide workers
access to their exposure and medical
records
Provide and pay for PPE
Not discriminate against workers who exercise their rights under the OSHA act
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Before Safety Act…
EVERY YEAR in UK1000 people killed at work
½ million injured23 millions working days were lost due to injuries and illnesses
Loss of production and diverted resources cost $ 200 M
Accidents were regarded as part of the jobUsually blame on the carelessness of workers
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History of Safety Act
Act is a law enacted by the parliament or congress.
Factory Act 1802 is the first known safety legislation and it was issued in England.
During this time, the safety philosophy was based on the idea that;
“Safety can be achieved through regulations and supervision by government”
Safety Acts
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Lord Robens’ Committee Report (1972) introduced a new safety philosophy;
“Responsibilities to ensure the safety and health at the workplace lies with those who create the risk and with those work with the
risk”
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Safety related legislations/acts and agency in charge
Safety legislations in Malaysia
Acts Agency
Factory and Machinery Act 1967 Factory & Machinery Dept (FMD)(Jabatan Kilang dan Jentera)
Petroleum (Safety Measures) Act 1984 Factory & Machinery Dept (FMD)Local/Relevant Authority
Occupational Safety and Health Act (OSHA) 1994
Dept. of Occupational Safety and Health (DOSH)
Petroleum Development Act 1974 PetronasMinistry of International Trade & Industry (MITI)Ministry of Domestic Trade and Consumer Affairs
Gas Supply Act 1993 Suruhanjaya Tenaga
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Purpose of OSHA 1994:
To promote and encourage OSH awareness among workers
To create organization with effective safety and health measures
OSHA 1994
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OSHA 1994 covers:
Manufacturing, Mining and Quarrying, Construction, Agriculture,
Forestry and Fishing, utilities (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
Work on Board of Ship, Armed Forces
NOT covers:
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Self-regulation (Pengaturan kendiri)
Consultation (Rundingan)
Workers Co-operation and Participation(Kerjasama dan Penglibatan Pekerja)
Philosophy & Guiding
Principle of OSHA 1994
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Guiding Principle Descriptions
Self Regulation To promote safety and health awareness and establish effective safety organisation and performance through self-regulation schemes designed to suit the particular industry or organisation.(Employers must develop their own good and orderly OSH management system)
Consultation The act provides the gradual replacement of existing safety and health requirement stipulated by existing legislation, by revised and updated provisions in the form of a system of regulation and apprised codes of practice prepared in consultation with tripartite organisation (Employers, employees and the government).
Co-operation Cooperate with employers and others in meeting statutory requirements. The act also requires employees not to interfere with or misuse anything provided to protect their safety, health or welfare in compliance with the act.
Guiding Principles of OSHA 1994
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Concept of OSHA 1994• Accident prevention is an essential part of good
management and workmanship• Top management must take the lead• Management and workers must cooperate• A define and known safety and health policy• Organization and resources to achieve policy• Best available knowledge and methods
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FMA 1967 vs OSHA 1994FMA 1967 (act 139) OSHA 1994 (act 154)
Scope Only cover OSH in the manufacturing, mining, quarrying, works of engineering in construction Cover 24% of the manpower
Cover ALL economic activities & government except armed forced & seafarers
Cover 90% of the manpowerApproach •Prescriptive
•Too dependent on government•Concern for inspection by regulation authorities
•Self regulation•Supported by code of practices, guidelines etc.•Tri-partite responsibilities,•Worker cooperation & participation
Objective •Focus on control of factories & machinery •Registration & inspection of machines•Less provision for health
•To safe guard, health & welfare of employees & those at the place of work eg. Visitors, contractors etc.
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Functions of Safety and Health Committee
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Assist in the development of safety & heath rules and safe systems of work
Review the effectiveness of safety and health programmes
Carry out studies on the trends of accident, near-miss accident, dangerous occurrence, occupational poisoning or occupational disease which occurs at the workplace.
Report to the employer of any unsafe or unhealthy condition or practices at the place of work together with recommendations for corrective actions
Review the safety and health policies at the place of work and make recommendations to employer for any revision of such policies.
Source: Regulation 11, Occupational Safety and Health (Safety and Health Committee) Regulation 1996
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Act 154
Occupation Safety and Health Act 1994
Regulations under OSHA 1994
Order
Guidelines Code of practice
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Term Definition
Regulation A rule that must be followed
Order A command to do something
Codes of Practice/guidelines
A practical guide to achieve the standards of health and safety required under the OSHA and Regulations
It provide duty holders with guidance on effective ways to manage work health and safety risks.
Regulation, Order and Codes of Practice
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Regulations under OSHA 1994
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Regulations Abbr.
1. OSH (Employers’ Safety and Health General Policy Statements) (Exception) Regulations 1995
2. OSH (Control of Industrial Major Accident Hazards) Regulations 1996
CIMAH
3. OSH (Safety and Health Committee) Regulations 1996
SHC
4. OSH (Classification , Packaging and Labeling of Hazardous Chemicals) Regulations 1997
CPL
5. OSH (Safety and Health Officer) Regulations 1997 SHO
6. OSH (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000
USECHH
7. OSH (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Diseases) Regulations 2004
NADOOPOD
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Order Content
1. OSHH (Safety and Health Officer Order 1997
• Citation and commencement• Interpretation• Class or description of industries required
to employ safety and health officer2. OSH (Prohibition of Use of
Substance) Order 1999• Citation and commencement• Prohibition of use of substance
Selected Order under OSHA 1994
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Guidelines under OSHA 1994
Guidelines Year
1. Guidelines for Public Safety and Health at Construction Site 1994
2. Guidelines on Occupational Safety and Health in the Office 1996
3. Guidelines on First-Aid Facilities in the Workplace 1996
4. Examination Syllabus for Engineer's Certificate of Competency (Steam and Internal Combustion Engines) Examination
1996
5. Guidelines for the Formulation of a Chemical Safety Datasheet 1997
6. Guidelines for the Classification of Hazardous Chemicals 1997
7. Garis Panduan Penyediaan Dokumen Demonstrasi Operasi Selamat (Am)
2001
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Codes of Practice under OSHA 1994
Code of Practice
1. Code of Practice on Prevention and Management of HIV/AIDS at the Work Place
2. Code of Practice for Safe Working in a Confined Space
3. Kod Amalan Pencegahan dan Pembasmian Penyalahgunaan Dadah dan Alkohol di Tempat Kerja
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Example: www.gasmalaysia.com
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Suggest any TWO regulations/guidelines/C.O.P that are enforced/recommended by government to reduce occupational safety and health issues related to chemicals.
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Prevention of Exposure to Hazardous Chemicals
Occupational Safety and Health (Classification, Labelling & Safety Data Sheet of Hazardous Chemicals) Regulation 2013
Generic CHRA
Industry COP on Indoor Air Quality, 2010
Simple Risk Assessment and Control (SiRAC)