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OSH LEGISLATION

Notification of Accident, DangerousOccu rrence, Occupational Poisoni ng

and Occupational DiseaseRegulations 2004

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Arrangement of Regulations

. Part I- Preliminary

. Part il - Notification of Accident, DangerousOccurrence, Occupational Poisoning and OccupationalDisease

. Part III - No Interference at Accident or DangerousOccurrence Scene

. Part IV - Maintenance of All Records of Accident,Dangerous Occurrence, Occupational Poisoning andOccupational Disease

. PaftV-Miscellaneous

Paft I: Preliminary

* h'f '. These Regulations shall come into force on

22 April2004

. "Authorised" - by DOSH, police, rescue &emergency services, other relevantgovernment agencies

, "Approved" - by the Director General ofDOSH

Part I: Preliminary

t4i' These Regulation shall apply to all places ofwork.

The compliance with these Regulation shall bedeemed to have complied with the provisions of:

n " Section 31 and 32 of FMA 1967

g " Regulation 13 of Petroleum (SafetyMeasures)(Transpoftation of Petroleum by pipelines)Regulations 1985

g. Regulation 23 of CIMAH Regulations 1996

Part II - Notification and Reporting ofAccident, Dangerous Occurrence,Occupational Poisoning and OccupationalDisease (tf)

. Repofting of any death, injury or condition of aperson shall not apply to a patient whenundergoing treatment or suroery by adoctor or dentist.

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Part II - Notification and Repoding ofAccident, Dan gerous Occurrence,Occupational Poisoning and OccupationalDisease

. Whenever any accident arisinq out of or inconnection with work which caused:. Death; or. Serious bodily iniurv (First Schedule) which

prevents the person from following his normaloccupation for more than 4 calendar days; or

. When a dangerous occurrence (Second Schedule)takes place

. The employer shall notify the nearest DOSH bythe quickest means available

. Within 7 davs send a repoft in an approved form(JKKP 6)

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Part II - Notification and Reporting ofAccident, Dan gerous Occurrence,Occupational Poisoning and OccupationalDisease r E Ce)

' Whenever any accident arising out of workor in connection with work which causesbodily iniury to any person which preventsthe person from following his normaloccupation for more than 4 calendar days,- the employer shall within 7 days send areport in an approved form to DOSH

Paft II - Notification and Reporting ofAccident, Dan gerous Occurrence,Occupational Poisoning and OccupationalD isea s-e-'na6

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. When an employee, as a result of an accidentarising out of or in connection with worksuffers an injury which causes death within1 year of the date of the accident,- the employer shall inform the DirectorGeneral in writing of the death as soon as itcomes to his knowledge whether or not theaccident has been reported earlier.

Paft II - Notification and Reporting ofAccident, Dangerous Occurrence,Occupational Poisoning and OccupationalDisease

. Self-employed person who is injured athis own premise is exempted formreportino bv the quickest means butneed to arranoements for the report tobe sent to DOSH by other person

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Part II - Notification and ReportingAccident, Dangerous Occurrence,Occupational Poisoning and OccupationalDisease ? Cr )

r When a person at work suffers or likelv tosuffer from one of the occupationalpoisonings or occupational diseases listed inThird Schedule, - the employer shall within7 days send a report to DOSH in anapproved form - JKKP 7

Part II - Notification and Reporting ofAccident, Dangerous Occurrence,Occupational Poisoning and OccupationalDiseas-e +(:T)

' Every reqistered medical practitioner ormedical officer attending to, or called in tovisit a patient whom he believes to besuffering from any of the Occupational

in Third Schedule shall:

. Within 7 days report the matter to the DirectorGeneral in an approved form - JKKP 7

. Notify the employer of the patient

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Part II - Notification and Reporting ofAccident, Dangerous Occurrence,Occupational Poisoning and OccupationalDisease q

. Self-employed suffering from occupationalpoisoning or disease listed in Third Schedule canmake arrangements for the report to be sentto DOSH within 7 days after being informedby the medical practitioner or medicalofficer.

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Paft III - No Inteference at Accident orDangerous Occurrence Scene

. At scene of accident that causes death,serious bodily iniury, serious damaoe toproperty and danqerous to plant, - flo personshall remove or in any way interfere with ordisturb anything related to the incident, unlessauthorised to do so,

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Paft III - No Inteference at Accident orDangerous Occurrence Scene

. But he can do the necessary action such as:

(b) . fo save life or prevent iniury or relievesufferinq

(b) . Maintain access of oeneral public to essential' seruice or utility

(c) . Prevent further damaoe or serious loss ofproperfy or environment

R* tO C')Palt IV - Maintenance of All Records ofAccident, Dangerous Occurrence,Occupational Poisoning and OccupationalDisease

. Every employer shall maintain record of allaccidents, dangerous occurrences,occupational poisonings and occupationaldiseases that had occurred related to workunder his control whether or not the incidenthad been reported, in a register in an approvedform - JKKP 8

Palt lV - Maintenance of All Records ofAccident, Dangerous Occurrence,Occupational Poisoning and OccupationalDiseasere

. The record shall be kept at the place of workor business for at least 5 years.

rocl)" The extract from the registry for a period of 12

months ending 31 December of each year tobe sent to the Director General before 31Januarv of each year

Paft V - Miscellaneous

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. The Minister may by order amend any Scheduleto these Regulations from time to time -Gazeffe

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' Any person wh"o contravenes any provision ofthese Regulations, commits an offence andshall, on conviction, be liable to a fine notexceeding Ten thousand rinqqit or toimprisonment for a term not exceedinoone vear or to both.

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Paft lV - Maintenance of All Records ofAccident, Dangerous Occurrence,Occupational Poisoning and OccupationalDisease

. The Director General may require persons tofurnish fufther information with regards to theaccident, dangerous occurrence, occupationalpoisoning and occupational disease reported,

FIRST SCHEDULESERIOUS BODILY INJURY

Emasculation

Permanent privation of the sight of either eyePermanent privation of the hearing of either earPrivation of any member or joint

Destruction or permanent impairing of the powersof any member or joint

Permanent disfiguration of the head or face

Cont..

z Fracture of dislocation of the bonea Loss of consciousness from the lack of oxygens Loss or acute illness from absorption, inhalation or

ingestion of any substance, which requires treatmentby registered medical practitloner

10 Any case of acute lll health where there is a reason tobelieve that this resulted from orcupational exposure toisolated pathogen or infected material

1r Any other work related injury or burns which results inthe person injured being admitted into hospital for morethan 24 hrs

SECOND SCHEDULE

. PART I - Dangerous Occurrence which are notifiablewherever the occur

. PART II - Dangerous Occurrence which are notifiable inrelation to Mines

. PART III - Dangerous Occurrence which are noUfiable inrelation to the Quarries

. PART IV - Dangerous Occurrence which are notifiable inrelation to Forestry

. PART V - Dangerous Occurrence which are notiflable inrelation to Agriculture

Dangerous Occurrence which arenotifiable wherever they occur:

' Collapse of scaffold

" Collapse of building or structure

' Electrical short circuit. Escape of substance. Explosion, fire or failure of structure. Lifting machinery, etc

THIRD SCHEDULEOccupational Poisoning andOccupational Disease

. Poisoning r Activity. Arsenic , Us€, handling,

. Infections exposure to fumes,. AIDS dust etc

. Skin disease. Skin cancer

. Lung disease. Pneumoconiosis

. Other conditions. Cancer

FOURTH SCHEDULEMatters which the Director General may requireto be notified

. Further details of the circumstances leadingto the reported accident.

. Fufther details about the name and/ordesign of any plant involve in the repoftedaccident.

r Safety systems and procedures for thecontrol of the plant or substance involved inthe reported accident.

FOURTH SCHEDULEMatlers which the Director General may requireto be notified

\ r Oualification, experience and traininq ofstaff, consultants or advisers having useor control of any plant or substance or

. concerned with safety systems or procedures

. Desiqn and ooeratioruleeqaentation

FOURTH SCHEDULEMatters which the Director General may requireto be notified

' Arrangements for the protection ofpersonnel from any plant or substanceconnected with the reported incident

. Details of any examination of, or test

involved in the reported incident

. Any available information about levels ofexposure of oersons at the work place toairborne substance