she laws construction (080715)

7/24/2019 SHE Laws Construction (080715)

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LEGAL REQUIREMENTS

(Safety and Health in Construction)

AUTHORITIES

ACTS

Key Governing Laws AndAuthorities

Department of OccupationalSafety and Health (DOSH)

OccupationalSafety and

Health

Act 514

(OSHA 1994)

Factoriesand

Machinery

Act 139

(FMA 1967)

Construction IndustryDevelopment Board (CIDB)

CIDB Act 520

(2011)

BOMBA

Fire Services

Act 341

(1988)


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Occupational Safety and Health Act 1994 (OSHA 1994)

Regulations Penalty

Duties of EmployersSection 15 : General Duties of Employers to Employees

Ensure as far as practicable the safety, health and welfare of employees by:

Providing & maintaining plant and work systems that are safe and

without risks to health

Ensuring that operation, handling, storage and transport of plants and

substances are safe. Providing instruction, training and supervision

Maintaining in good condition a site with safe access and egress

Providing a working environment that is adequate, safe and withouthealth risks.

Fine RM 50k

or

2 years in prisonor

both

Section 16 : Duty to Formulate Safety & Health Policy

Prepare a written statement policy of his organization regarding safetyand health at work.

Provide arrangements to carry out policy

Announce revisions

Fine RM50k

or2 years in prison

or

both


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Regulations Penalty

Section 17 : Duty to Persons other than their Employees. Ensure that other persons apart from his employees are not exposed to

safety & health risks

Inform these other persons of the risks in safety and health associated

with his project.

Fine RM50kor

2 years prison

or

both

Section 24 : Duties of Employees Working in a safe manner

Cooperate with employer

Wears provided PPE (if necessary)

Follow the safety and health instruction or order

Fine 1kor

3 months in prison

or

both

Section 25 : Not to Interfere

Not to intentionally, recklessly or negligently interfere with anythingrelated to Safety, Health and welfare

Fine RM20k

or2 years in prison or

both



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Regulations Penalty

Section 27 : Discriminate against Employees Shall not dismiss employee if he complains about work which is unsafe

and a risk to health

If he is a member of the SHE Committee and exercises his duties

Fine RM 10kor

1 year in prisonor

both

Section 28 : Medical Surveillance

DOSH may require employer to conduct medical surveillance and medical

examinations by person/s registered with DOSH if there are any cases of

illness and risk of injury to health. Examples of activities such as

Handling or exposure to tar, bitumen

Exposure to x-rays or other radioactive substances or other forms of

radiant energy Activities carried out in compressed air

Fine up to RM5kor

6 months prisonor

both


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Regulations Penalty

Section 29 : Safety and Health Officer Shall employ a competent person as Safety and Health Officer at the

place of work.

The Safety and Health Officer must be trained and qualified by DOSH.

Any construction works with total contract price > RM 20 million must

employ SHO. Example such as construction, structural alteration,

maintenance of building, demolition.

Fine up to RM5kor

6 months prisonor

both

Section 30 : Safety & Health Committee

Shall establish a Safety & Health Committee if there are more than 40

employees at place of work or if DOSH instructs to do so.

Employer to consult and co-operate with the Safety & Health Committee

on arrangements and measures to ensure safety & health andeffectiveness of such measures at the place of work.

Fine up to RM 5kor

6 months prisonor

both


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Regulations Penalty

Section 32

Notification of accidents,

dangerous occurrence, occupational

poisoning and occupational diseases.

An employer shall notify the nearest DOSH

officer of any accident, dangerous

occurrence, occupational poisoning or

occupational disease.

Section 51

Fine not exceeding RM 10,000

or

not exceeding 1 year in prison

or

both

and

RM 1,000/day for continuing offence

Section 48Improvement notice and

prohibition notice

DOSH can issue Prohibition notice or

Improvement notice to person in charge of aplace of work requiring him/her to improve

safety & health at the particular place of

work.

Section 49


or

not exceeding 5 years in prisonor

both

and

RM 500/day for continuing offence


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Factories and Machinery Act 1967 (FMA 1967)

Regulations Penalty

Section 19Certificate of fitness

No person shall operate or cause or permit to

be operated any machinery in respect of which

a certificate of fitness is prescribed. Example

such as cranes, sky-lift, air compressors.

Fine of not exceeding RM 150,000

or

to imprisonment for a term not exceeding 3 years

or

to both.

Section 20Duties of persons employed

No person employed in any place where

machinery is installed shall willfully

Interfere with anything provided for the

safety, health & welfare. And without reasonable excuse cause or to

be likely to cause injury to himself or others

or damages.

Sub-section 51(2)(3)


or

to imprisonment for a term not exceeding 1 year

orto both

and


.


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Regulations Penalty

Section 22Provisions related to health

Every place of work shall be Kept clean and free from offensive effluvia

Not congested/overcrowded

Adequately ventilated

Maintained with suitable temperature

Sufficiently and suitability lighted

Provided with sufficient and suitable sanitary convenienceOccupier shall reduce the possibility of injury to the health of person

employed or the public.



or

to imprisonment for a term not

exceeding 1 yearor

to both

and

RM 2,000/day for continuing

offence

Section 25Provisions related to welfare

The following welfare provisions shall be provided at place of work

Adequate & suitable place to keep clothing when not worn during

working hours

Adequate supply of safe and wholesome drinking water

Adequate & suitable facilities for washing

Readily accessible first aid box or cupboard. If more than 150

persons are employed at any one time, a suitable first aid room

shall be provided.


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Regulations Penalty

Section 26Training and supervision of

inexperienced workersNo person shall be employed at any machine or in any

process liable to cause bodily injury, unless he has been

fully trained on the dangers likely to arise, safe work

method and work under adequate supervision by a

person who has knowledge and experience of the

machine or process.


Fine not exceeding RM 50,000or

to imprisonment for a term not exceeding

1 year

or

to both

andRM 2,000/day for continuing offence


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Regulations Penalty

Section 31Accidents and dangerous occurrence to be

reported

Any incident which;

Causes loss of life

Causes serious bodily injury

Causes bodily injury the prevented any person from

following his normal occupation for more than 3 clear daysexcluding the day of the accident

Causes serious damage to machinery or other property

Any dangerous occurrence

Shall be reported to DOSH by the quickest means available.

Sub-section 51 (1)

Fine of not exceeding RM 100,000or


exceeding 2 years

or

to both.

Sub-section 35 (1)Building Operations or works of

engineering construction

Every person who undertakes any building operations or

works of engineering construction shall notify DOSH not later

than 7 days from the commencement of those operations.


Fine not exceeding RM 50,000or


exceeding 1 year

or

to both and



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Regulations Penalty

Sub-section 39Moving or alteration of or addition

to machinery to be approved

No person shall move, alter or add to or cause to be

moved, altered or added to, any machinery which is

installed for use if the effectiveness of any fencing

or any safety appliances is affected by the moving,

alteration or addition, unless he has received in

writing approval from DOSH.

Sub-section 51(1)


or

to imprisonment for a term not exceeding 2

years

or

to both.

Sub-section 40(4)Periodical inspections (by

DOSH)

DOSH can serve improvement or prohibition

notice/s on the occupier if in their opinion that there

is/are immediate danger/s to life or property.

Sub-section 51(4)


or


years

orto both.


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Regulations Penalty

Section 50 (3) - Offences

Whenever it is proved to the satisfaction of a court that a contravention of this Act, has been committed

by any person other that the occupier or owner of the factory/work site or machinery in respect of which

the contravention has been committed, the owner or occupier as the case may be shall also be held

liable for that contravention, unless he shall prove to the satisfaction of the court that the same was

committed without his knowledge or consent and that he had taken all reasonable means to prevent the

same and to ensure observance of this Act.

Section 57

The Minister may make regulations requiring

arrangements to be made for the medical supervision

of or the provision of medical treatment of a preventive

character for persons if there are cases of illness, risk

of injury to health or persons below 18 years are or areabout to be employed, which may cause risk of injury to

health.



or


year

orto both and



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Factories and Machinery (Building Operations and Works of

Engineering Construction)(Safety) Regulations 1986

Regulations

Provides the need of every contractor and employer to ensure the following

Safety measures are provided to prevent hit by public vehicular traffic, drowning, slipping, tripping,

cutting, electrical hazards, exposure to dust, gases & corrosive substance,

Safety measures for the safe use of power tools, storage of materials & equipment, stability of

structure, access to workplace, Illumination of passageways (> 50 lux),

To provide personnel protective equipment such as safety helmet, waterproof boots/coat/hat, gloves,mask, respirators, full body harness, ear plugs etc.

Main contractor shall appoint Site Safety Supervisor

Every sub-contractor who employs > 20 persons to carry out work within the worksite shall appoint

shall appoint part-time contractors safety supervisor.

Safety committee shall be established and meeting held on monthly basis.

Note: Above are extracts from particular legal requirements. For full details, please refer to latest

Factories & Machinery Act 1967, available at QSHE Resource Centre or one can download from DOSH

website (www.dosh.gov.my)
http://www.dosh.gov.my/http://www.dosh.gov.my/


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Regulation

Provides the need of every contractor and employer to ensure the following

Concrete work

Formwork and re-shores shall be certified safe by PE

Designated person shall supervise the erection of the formwork, inspect and keep records.

Formwork shall be designed by PE if, Floor to ceiling heights > 9.14 m

Loads on formwork > 732.2 kgf/m2

Note: PE shall supervise the construction.

Stripping shall be done upon approval by PE

Note: Above are extracts from particular legal requirements. For full details, please refer to latestFactories & Machinery Act 1967, available at QSHE Resource Centre or one can download from DOSH

website (www.dosh.gov.my)


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Regulations

Safety measures for the followings are also provided under this regulation.

Note: For details, please refer to latest Factories & Machinery Act 1967, available at QSHE ResourceCentre or one can download from DOSH website (www.dosh.gov.my)

Penalty for contravening any provisions shall be liable to a

fine not exceeding RM 2,000

Structural Steel and Precast Concrete Assembly

Cleaning, Repairing and Maintenance of Roof, Gutters,

Windows, Louvres and Ventilators

Catch platforms

Chutes, Safety Belts and nets

Runways and ramps

Ladders and Step-ladders

Scaffolds

Demolition

Excavation work

Material Handling and Storage,

Use and Disposal

Piling

Blasting and Use of Explosives

Hand and Power Tools


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Regulations Penalty

Duties of Contractors

Section 25 : Registration - All contractors must register with CIDB who willaccredit the contractor and impose conditions as it sees fit.

Section 29 : Registration- Any person who fails to register with CIDB shall be

guilty of an offence.

Fine min RM 10K up

to max RM100k

Section 30 : Notice to unregistered contractors- CIDB will issue a Notice to

stop construction works to unregistered contractors. Failure to comply with theNotice shall be liable to a fine.

Fine RM 5k and up

to RM 1k per day for

continuing offence

CIDB Act 520


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Regulations Penalty

Section 32: Registration of Personnel- All persons engaged as a constructionpersonnel must be registered with the Board as per Schedule 3 of the Act. Failure

to comply is an offence.

Accreditation- all skilled construction workers (Eg. bar bender, concretor,

welder, construction plant operator) and construction site supervisors must be

accredited and approved by CIDB. Failure to comply by the person and

employer is an offence.

Fine up to RM5k

Fine up to RM5k /

each

Section 33: Accreditation of training institute and construction materials

Training Institutions- CIDB may accredit training institutions and issue

certificates

Construction materials- CIDB will certify Construction Materials (Eg. scaffold,

Portland cement, hydraulic cement, hot rolled steel bar) which is listed inSchedule 4 of the Act. Failure to comply is an offence.

Notice on Non Certified MaterialCIDB will issue Notice to cease using non

certified material. Failure to comply is an offence.

Fine min RM 10K up

to max RM500k

Fine RM 50K and up

to RM 500 per day

for continuing

offence

CIDB Act 520

CIDB A t 520


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CIDB Act 520

Regulations Penalty

Section 34: Obligations of Contractor(must be read in conjunction with

Section 39A)

Levyno amendment introduced

Duty of contractor submit relevant documents to CIDB, ensure

construction works comply with regulations and ensure that the building

and construction works will not cause risk or injury to any person,

buildings, roads or natural formation in the vicinity during and post

construction.

Breach of duty CIDB will engage relevant specialist to investigate in

matters related to safety of buildings. When there is a breach of duty the

contractor will be penalized. If the contractor does not comply withCIDBs

directive within the specified time frame an additional fine is imposed

Death caused by breach of duty If death is the result of the

contractor doing any rash or negligent act considered as Breach of Duty,the contractor will be punished under the Penal Code as not amounting to

Culpable Homicide.

Construction SitePerson controlling construction site has to ensure that

site access and egress is safe and not harmful to health. Failure to

comply is an offence

RM 50K or 4 x levy

amount

Fine up to RM500k

RM10k per day

Fine up to RM500k

or 2 years prisonor both

Fine up to RM50k

or 2 years prison

or both


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CIDB Act 520

Regulations

Section 39A: Offences by corporate bodies etc. Any director, manager, secretary, officers responsible for the management of the body

corporate may be charged severally or jointly with the body corporate. If the body

corporate is found guilty, the aforementioned person(s) (who is/are charged together

with the body corporate) shall also be deemed to be guilty unless he can prove the as

following.- that the offence was committed without his knowledge, consent or connivance;

and

- that he took all reasonable precautions and had exercised due diligence to prevent

the commission of the offence.

Fi S i A t 1988


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Regulations Penalty

Section 8 : Fire-hazard abatement notice

BOMBA may serve notice to occupier or owner of anypremises requiring him to abate fire hazard.

Fine not exceeding RM 5,000 or


years or

to both and


Section 13 : Closing order

If the occupier to owner of any premises fail to abate

fire hazard, BOMBA may apply a court order for

closing order.



years or

to both and


Fire Services Act 1988(all amendments up to 01/01/2006)

Fi S i A t 1988


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Regulations Penalty

Section 28 : Requirement of fire certificate

Every designated premises shall require a fire

certificate.

The above requirements excludes public religious

worship and house occupied as a single private

dwelling.



years or

to both

Section 57 : Offences of body corporate

Where an offence under this Act committed by a body corporate is proved to have been committed with

the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager,

secretary, or other similar officer of the body corporate, or any person purporting to act in any such

capacity, he as well as the body corporate shall be guilty of that offence


LEGAL REQUIREMENTS


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LEGAL REQUIREMENTS

(Safety and Health in Construction)

SUGGESTED COMPLIANCE

MEASURES(non-exhaustive)


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Suggested Compliance Measures (non-exhaustive)

Duties of Employers

Section 15 : General Duties of Employers to Employees Establish management system and review for continuous improvement

Employ competent and trained personalscaffolder, crane operator etc.

Provide adequate trainingsinduction program, method statement, competency, HIRADC, S&H

Committee, Work At Height etc.

Ensure effective supervision

Establish effective maintenance programspreventive maintenance

Ensure continuous housekeepingdedicated housekeeping team

Periodic inspections and auditinternal, 3rd party

Assign roles and responsibilities to every level in the organizationsdocumented and measured

Top/Senior management to actively participate and involve in ensuring OSH management.

Ensure adequate, suitable and safe plants, machinery, tools and equipment are made available. Employ dedicated team to manage S&H at work site

Welfare facilities

Etc.

Section 16 : Duty to Formulate Safety & Health Policy

Ensure policy remains valid and the contents are clearly communicated and understood by all.


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Section 17 : Duty to Persons other than their Employees. Conduct induction programs for visitors, sub-contractors, authorities etc.

Put up adequate and effective signage to alert and warn visitors, sub-contractors, public

Escort visitors inside work site

Provide dedicated and safe pedestrian walkway, traffic diversion etc.

Section 24 : Duties of Employees Avoid taking short cut

Be aware and abide by the safe work method

Do not horseplay

Discuss with employer to work safely.

Etc.

Section 25 : Not to Interfere Conduct awareness programs for all

Supervise work and worksite to prevent unsafe acts

Act against habitual unsafe acts



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Section 27 : Discriminate against Employees

Consult employees in the development and implementation of safe work methods.

Section 30 : Safety & Health Committee

Suitable and adequate employer, employee and sub-contractor reps must be represented.

Committee to perform the following functions- Develop and review S&H measures

- Carry out studies on incident trends and recommend improvements

- Inspect work site at least every 3 months and recommend improvements

- Investigate incidents, unsafe acts/conditions

Hold meeting at least once in every 3 months or as sooner to commensurate the risk (KVMRT

requirements is for meetings to be held every month)


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Section 32

Notification of accidents, dangerous occurrence, occupational poisoning andoccupational diseases

Any incident that results in death, serious bodily injury which prevents a person from following

his normal occupation for > 4 calendar days, dangerous occurrence must be notified to DOSH

by the quickest means available followed by official reporting using form JKKP 6.

Any cases of occupational poisoning and disease shall also be reported to DOSH using form

JKKP 7.

All accidents, dangerous occurrence, occupational poisoning and occupational diseases

occurred during particular calendar year (1st January until 31st December) shall be recorded

using form JKKP 8 and submitted to DOSH by 31st of January the following year.

Section 48

Improvement notice and prohibition notice Comply with the requirement as stated in notice/s and seek follow up inspection from DOSH

before proceeding to work.



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Section 19

Certificate of fitness Inspect plants and machinery such cranes, sky-lift, air compressors to ensure PMA and PMT

certificates are available and valid.

Section 20Duties of persons employed

Conduct awareness programs for all

Supervise work and worksite to prevent unsafe acts

Act against habitual unsafe acts



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Section 22

Provisions related to health Dedicated housekeeping team to ensure work site housekeeping are maintained at all time.

Provide dedicated toilets for males and females.

Maintenance of portable toilets, rest area

Provide adequate industrial fans at work site & rest area, ventilation fans for confined area

Provide adequate fluorescent lights, task lights, spot lights

Job rotation to ensure workers get sufficient rest Periodic health screening to gauge workers health condition

Proper manpower deployment planning to avoid congestion

Periodic pest control exercise



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Section 26Training and supervision of inexperienced workers

Employ competent/trained persons

Conduct induction program

Conduct method statement c/w JSA training

Buddy with suitably experienced partner

Supervise the work



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Section 50 (3) - Offences Establish S&H Management system

Assign roles and responsibilities to every level in organization

Establish procedures and work instructions to manage S&H.

Conduct briefings/trainings, periodic inspections/audits, SHE committee meetings, campaigns etc.

Provide adequate and suitable health and welfare facilities and maintain

All levels of management to actively participate and involved in S&H programs. Promptly act on S&H issues raised and keep record

Monitor and measure S&H performance and review to continuously improve

Keep records of all inspections, audits, meeting minutes, health surveillance, HIRADC/JSA review,

method statement briefings, tool box briefings, trainings, performance measurement etc.

Fire Services Act 1988


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Section 57 : Offences of body corporate

Assess fire risk at work site according to construction phase

Implement adequate fire prevention measures such as use of fire blanket, handling and storage of

flammable substances, flashback arrestor and non-return valve for oxy-acetylene cylinders, proper

housekeeping, management of scheduled waste, appointment of fire watcher/warden,

Install adequate and suitable fire fighting equipment such as fire extinguishers, fire blanket

Establishing of Emergency Response Team c/w periodic trainings, drills etc.



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LEGAL REQUIREMENTS

(Environment in Construction)

Key Governing Laws And Authorities

Department ofEnvironmental (DOE)

- Environmental QualityAct 1974 (EQA 1974)

- DEIA Approval

Condition

Department of Irrigation& Drainage (DID)

- Street, Drainage andBuilding Act 1974

Local Authority

- Local Government Act1976

- Town and Country

Planning Act 1976

AUTHORITIES

ACTS


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Environmental Quality Act 1974 (ACT 127)

Act Penalty

Section 22 :Restrictions on Pollution of the Atmosphere

Presume to emit, discharge or deposit any environmentally hazardous

substances, pollutants or wastes into the atmosphere if

Placed any matter in a place where it may be released into the

atmosphere;

Causes or permitted the discharge of odours which by virtue of their

nature, concentration, volume or extent are obnoxious or offensive;

Burned any wastes of the trade, process or industry; or

Used any fuel burning equipment not equipped with any device or

control equipment required to be fitted to such equipment

Fine RM 100k

or

5 years imprison

or

both

and to

Further fine RM

1k/day

Section 23 : Restrictions on Noise Pollution

Shall not emit or cause or permit to be emitted any noise greater in

volume, intensity or quality

Fine RM 100k

or

5 years imprisonor

both

and to

Further fine RM

500/day


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Act Penalty

Section 24 : Restrictions on Pollution of the SoilPresume to pollute or cause or permit to be polluted any soil or surface of

any soil of any land if

Placed in or on any place where it may gain access to any soil any

matter whether liquid, solid or gaseous; or

Established on any land a refuse dump, garbage tip, soil and rock

disposal site, sludge deposit site, waste-injection well or otherwise usedland for the disposal of or a repository for solid or liquid wastes so as to

be obnoxious or offensive to human beings or interface with

underground water or detrimental to any beneficial use of the soil or the

surface of the land

Fine RM 100k

or

5 years imprison

or

both

and toFurther fine RM

1k/day



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Act Penalty

Section 25 : Restrictions on Pollution of the Inland WaterPresume to emit, discharge or deposit any environmentally hazardous

substances, pollutants or wastes into any inland waters if

Placed any wastes in or on any waters or in a place where it may gain

access to any waters;

Placed any wastes in a position where it falls, descends, drains,

evaporates, is washed, is blown or percolates or us likely to fall,descend, drain evaporate or be washed, be blown or percolated into any

waters, or knowingly or through his negligence, whether directly or

indirectly, causes or permits any wastes to be places in such a position;

or

Caused temperature of the receiving waters to be raised or lowered by

more than the prescribed limits

Fine RM 100kor

5 years imprison

or

both

and to a

Further fine RM1k/day



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Act Penalty

Section 27 : Prohibition of Discharge of Oil into Malaysian Waters Shall not discharge or spill any oil or mixture containing oil into

Malaysian waters

Fine RM 500kor

5 years imprisonor

both

Section 29 : Prohibition of Discharge of Wastes into Malaysian Waters

Shall not discharge environmentally hazardous substances, pollutants orwastes into the Malaysia waters

Fine RM 500k

or5 years imprison

or

both

Section 29A : Prohibition on Open Burning

Shall not allow or cause any fire, combustion or smouldering that occursin the open air and which is not directed through a chimney or stack on

any premises including any land

Fine RM 500k

or5 years imprison

or

both


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Act Penalty

Section 34A : Report on Impact on Environment resulting FromPrescribed Activities

Prescribed activity is any activity that may have significant

environmental impact

A qualified person to conduct an environmental impact assessment and

to submit a report to the Director General

Report shall be in accordance with the guidelines as prescribed by theDirector General

Prescribed activity shall be carry out with compliance with the proposed

measures to be taken to prevent, reduce or control the adverse impact

on the environment that are being incorporated into the design,

construction and operation of the prescribed activity until the report

required is submitted and approved by Director General

Fine RM 500kor

5 years imprison

or

both

and to

Further fine RM1k/day


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Act Penalty

Section 34B : Prohibition Against Placing, Deposit, etc. of ScheduledWastes

Ensure obtain written approval from Director general to:-

Place, deposit or dispose of, or cause or permit to place, deposit or

dispose of, except at prescribed premises only, any scheduled wastes

on land or into Malaysian waters;

Received or send, or cause or permit to be received or sent anyscheduled wastes in or out of Malaysia; or

Transit or cause or permit the transit of scheduled wastes

Fine RM 500k

and

5 years in prison

Section 45 : Compounding of Offences

Delegated Director General or any Deputy Director General, or anyother public officer or any local authority may compound any offence

under EQA 1974 or the regulations made there under

Fine RM 2k



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Regulations Penalty

Regulation 10: Maximum Concentration of Smoke shall not exceed

Ringelmann

Maximum concentration of smoke at or near the final point of emission from

the exhaust pipe into the atmosphere shall not exceed Ringelmann No. 2 of

the Ringelmann Smoke Chart for a continuous period of more than 10

seconds when observed in accordance with the procedure as specified inthe Fourth Schedule

Fine RM 2k

Regulation 11: Maximum Density of Smoke Permitted

The maximum density of some at or near the final point of emission from

the exhaust pipe of any motor vehicle when tested under the free

acceleration test with a smoke meter shall not exceed 50 HSU or otherequivalent smoke units or in percentage (%) or other units.

Environmental Quality (Control of Emission from Diesel

Engines) Regulations 1996


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Regulations Penalty

Regulation 16: Compounding of Offences

Offence consists of any omission or neglect to comply with, or any act done

or attempted to be done contrary to these Regulations may be compounded

under section 45 of the Act

Fine RM 2k

Environmental Quality (Scheduled Wastes Regulations

2005)

E i l Q li (S ) R l i 2009


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Regulations Penalty

Regulation 12: Prohibition against Sewage Discharge through By-PassNo person shall discharge, or cause or permit the discharge of sewage onto

and into any soil, or into any inland waters or Malaysian waters through a

by-pass.Fine RM 100k

or

5 years imprisonor

both

and to a

Further fine RM

1k/day

Regulation 13: Spill or accidental discharge of sewageOwner or occupier of premises shall immediately and not more than six

hours from the time of any spillage or accidental discharge directly or

indirectly onto or into any soil, or into any inland water or Malaysian water

inform the Director General.

Owner or occupier shall to every reasonable extent, contain, cleanse or

abate the spill or accidental discharge of sewageDirector General shall determine the full costs and expenses incurred and

may recover such costs and expenses from the owner or occupier of the

premises.

Environmental Quality (Sewage) Regulations 2009

E i t l Q lit (I d t i l Effl t) R l ti


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Regulations Penalty

Regulation 18: Prohibition against Industrial Effluent or Mixed

Industrial effluent Discharge through by-pass

No person shall discharge, or cause or permit the discharge any industrial

effluent or mixed effluent onto or into any soil, or into any inland waters or

Malaysia waters through by-pass.

Fine RM 100k

or

5 years imprison

orboth

and to a

Further fine RM

1k/day

Regulation 23: Restriction on Discharge or Disposal of Sludge

No person shall discharge, or cause or permit the discharge or disposal of

any sludge generated from any production or manufacturing process, any

industrial effluent treatment system or water treatment plant onto or into any

soil, or surface of any land, or into any inland waters or Malaysian waters

without the prior written permission of the Director General

Environmental Quality (Industrial Effluent) Regulations

2009

E i t l Q lit (Cl Ai R l ti ) 2014


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Regulations Penalty

Regulation 5: Obligation to Notify

An owner or occupier of a premises shall not, without giving prior written

notification to the Director General

Carry out any change in operation of his premises;

Carry out ay work on any premises that may result in a source of

emissions; Construct on any land, any building or premises designed or used for a

purpose that may result in a new source of emission;

Make, cause, or permit to be made any change of, to, or in any plant,

machine, or equipment used or installed at the premises that cause a

material change in the quantity or quality of emission from an existing

source; or Carry out any changes or modification to an existing air pollution control

system.

Fine RM 100k

or

2 years imprison

or

both

Environmental Quality (Clean Air Regulations) 2014


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Detailed Environmental Impact Assessment Approval

Condition

All the penalties / fines in this approval condition is referred back to the Environmental Quality Act

1974 as below:

Regulations Penalty

Regulation 34A: Report on Impact on Environment resulting From

Prescribed Activities

Prescribed activity shall be carry out with compliance with the proposed

measures to be taken to prevent, reduce or control the adverse impact on

the environment that are being incorporated into the design, constructionand operation of the prescribed activity until the report required is submitted

and approved by Director General

Fine RM 100k

or

5 years imprison

or

bothand to

Further fine RM

1k/day

St t D i & B ildi A t 1974


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Street, Drainage & Building Act 1974

Regulations Penalty

Section 44: Duty Of Owner Or Occupier To Keep Street Clean

The owner / occupier of any premises (including land) abutting streets tobe properly swept and cleaned the dust, dirt, ashes and rubbish.

Fine RM 100 / day

Section 47(2): Depositing Dirt On Streets

Shall not places, deposits, drops, leaves building materials, things orsubstances in any public place.

Fine RM 1000

or

RM 2000 for

subsequent caseSection 51: Local Authority May Recover Cost Of Improving And

Making Drains, Etc.

Where local authority has made such drainage, culverts, gutters and

water-course, it may recover the cost from that person

Recover the cost

Section 55(1): Penalty For Making Unauthorized Drains Into Canal Or

Stream

Permission is needed for:

- Makes a drain into any of the drains, canal or stream under control

of local authority

- Closes up stops or deviates any drains

Fine RM 1000

St t D i & B ildi A t 1974


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Regulations Penalty

Section 55(3): Penalty For Making Unauthorized Drains Into Canal OrStream

No trade effluent shall be discharged into any river, canal, stream, pond,

lake, sea, public drain without prior written notice.

Fine RM 1000

Section 70A : Earthworks

Earthworks shall be commenced with the approval by local authority

Fine RM50k or 5

years prison

or both

and to

Further fine

RM500/day


T & C t Pl i A t 1976


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Town & Country Planning Act 1976

Regulations Penalty

Section 35A: Tree Preservation Order Shall not felling the trees listed underTreepreservationorderwithout

permission

Fine RM 100kor 6 months prison

or both

and

Replant

Section 35H: Prohibition To Fell, Etc., Tree With Girth Exceeding 0.8

m Shall not felling the trees with a girth more than 0.8m even not listed

underTreepreservationorderwithout permission

Fine RM 100k

or 6 months prisonor both

L l G t A t 1976


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Local Government Act 1976

Regulations Penalty

Section 69: Committing Nuisance in Streams, etc.

Shall not commit a nuisance or deposits any filth in or upon the

bank of any stream, channel, public drain or other water-course

within the local authority area.

Fine RM 2000

or 1 year prison

or Both

and to

Further fine RM500/daySection 70: Pollution of Streams with Trade Refuse, etc.

Shall not put, fall or flow the solid or liquid refuse, rubbish or any

other waste in any stream

Shall not flowing the sewage in any stream within the local

authority area.

Fine RM 5000

or 2 year prison

or Both

and to

Further fine RM500/day

LEGAL REQUIREMENTS


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LEGAL REQUIREMENTS

(Environmental in Construction)

SUGGESTED COMPLIANCE

MEASURES



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Act

Section 22 :Restrictions on Pollution of the Atmosphere

To wet the stockpiles and roads or other dry surfaces with water to prevent dust dispersion Toilet facilities must be provided and maintained to prevent odour

Open burning is prohibited

To get the written notification from DOE for fuel burning equipment with fuel consumption of

15kg/hr

To conduct air monitoring regularly

Section 23 : Restrictions on Noise Pollution

To limit the noisy work at daytime only, working at night shall get permit

To construct hoarding or noise barrier where necessary

To use silent type machine for air compressor, generator, etc.

Blasting will use 'controlled blasting method'

To monitor the noise regularly

Section 24 : Restrictions on Pollution of the Soil

Waste to be disposed by licensed contractor to the approved dump site

Scheduled waste will be handled according to Environmental Quality (Scheduled Waste)

Regulations 2005



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Act

Section 25 : Restrictions on Pollution of the Inland Water To have designated waste container or area and disposed frequently to the approved dump

site to avoid it pollute the waters

To provide silt trap and related facilities prior to discharge water from construction site

To conduct water monitoring regularly

Section 27 : Prohibition of Discharge of Oil into Malaysian Waters


Regulations 2005

Workshop and oil storage will be sited away from water course. If not, oil interceptor will be

provided

Section 29 : Prohibition of Discharge of Wastes into Malaysian Waters



Regulations 2005


provided




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Act

Section 29A : Prohibition on Open Burning Open burning is prohibited

All wastes will be disposed frequently to the approved dump site to avoid it to be burned.

Section 34A : Report on Impact on Environment resulting From Prescribed Activities

DEIA report must be prepared according toEIAProcedure and Requirements inMalaysia DEIA report will be prepared by the consultant which registered with DOE.

Section 34B : Prohibition Against Placing, Deposit, etc. of Scheduled Wastes


Regulations 2005

Workshop and oil storage will be sited away from water course. If not, oil interceptor will beprovided



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Regulations

Regulation 10: Maximum Concentration of Smoke shall not exceed Ringelmann

To ensure all the machineries is well maintained.

To have visual inspection regularly.

Regulation 11: Maximum Density of Smoke Permitted

To ensure all the machineries is well maintained. To have visual inspection regularly.


Engines) Regulations 1996



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Regulations

Regulation 16: Compounding of Offences


Regulations 2005


provided


2005)



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Regulations

Regulation 12: Prohibition against Sewage Discharge through By-Pass

Toilet facilities must be provided and maintained to avoid sewage discharged to any water or

soil.


Regulation 13: Spill or accidental discharge of sewage

Toilet facilities must be provided and maintained

Any accidental spillage of sewage should be cleaned immediately




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Regulations

Regulation 18: Prohibition against Industrial Effluent or Mixed Industrial effluent Discharge

through by-pass



Regulation 23: Restriction on Discharge or Disposal of Sludge To provide silt trap and related facilities prior to discharge water from construction site


2009



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Regulations

Regulation 5: Obligation to Notify

Open burning is prohibited

To get the written notification from DOE for fuel burning equipment with fuel consumption of

15kg/hr

Modification on the existing air pollution control is not allowed


Street Drainage & Building Act 1974


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Regulations

Section 44: Duty Of Owner Or Occupier To Keep Street Clean

To have designated container & area for waste Housekeeping will be carried out frequently

Lorry will be washed prior to exit to avoid dirt spilled on the street

Dusty access road will be cleaned by power broom or wetted by water bowser frequently

Section 47(2): Depositing Dirt On Streets

To have designated container & area for waste Housekeeping will be carried out frequently

Lorry will be washed prior to exit to avoid dirt spilled on the street

Dusty access road will be cleaned by power broom or wetted by water bowser frequently

Section 51: Local Authority May Recover Cost Of Improving And Making Drains, Etc.

The drainage and related facilities will properly plan through ESCP and constructed with the

concern of relevant authorities

Section 55(1): Penalty For Making Unauthorized Drains Into Canal Or Stream

The drainage and related facilities will properly plan through ESCP and constructed with theconcern of relevant authorities

Street Drainage & Building Act 1974


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Regulations

Section 55(3): Penalty For Making Unauthorized Drains Into Canal Or Stream Water from construction site will be treated with silt trap prior to discharged

Drain to channel the water from silt trap to public drain, canal or stream will be constructed

after authorized by the local authority


Section 70A : Earthworks

To apply earthwork approval from local authority

To adhere all the approval condition stated in the approval letter issued by local authority




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Regulations

Section 35A: Tree Preservation Order Any tree to be cut need to inform/notify the local authority

Section 35H: Prohibition To Fell, Etc., Tree With Girth Exceeding 0.8 m

Any tree to be cut need to inform/notify the local authority



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Regulations

Section 69: Committing Nuisance in Streams, etc.



Section 70: Pollution of Streams with Trade Refuse, etc. To have designated waste container or area and disposed frequently to the approved dump site

to prevent the refuses dumped into the streams

Toilet facilities will be provided and maintained to prevent the sewage flow into the stream


she laws construction (080715)

Documents