8 Oct Chapter 2 FMA 1967

1
OSHA in Malaysia and Industrial

Safety and Health Regulation
Chapter 2
MEM603
Edit by Dr Bulan Abdullah
1. OSHA in Malaysia and Occupational Safety and Health Regulation
(6 hours)
1. Historical Background of OSH Legislation (Definition: Act,

Regulation, ICOP and Guideline)
1. Factories and Machinery Act (FMA) 1967 Akta A1268

1. Regulations on Occupational Health ACT 139
2. Regulations on Occupational Safety
2
1. OSH Act 1994 Act 514
2.3.1 Objective and applications in 10 sectors of
industry
2.3.2 Philosophy of OSHA and OSHA framework
2.3.3 General Duty of Employer
2.3.4 Duties of Designers, Manufacturers, Importers and
Suppliers of Plant
2.3.5 General Duties of Employee and Protection for
Employee
2.3.6 Safe System of Work and Good Engineering
Practice
2.3.7 Powers of DOSH Inspector
2.3.8 Notice of Prohibition/ Improvement and Penalties
2.3.9 National Council for OSH
2.3.10 Safety and Health Committee
2.3.11 OSHA Regulations
2.3.12 OSH Orders
2.3.13 OSH ICOPs/ Manuals
1. Petroleum (Safety Measures) Act 1984 ACT 30

OSHA in Malaysia and Occupational
Safety and Health Regulation (6 hours)
3
Historical OSH Act 1994

Background of
OSH Legislation 2.3.1 Objective and applications in 10 sectors of industry
(Definition: Act, 2.3.2 Philosophy of OSHA and OSHA framework
Regulation,
ICOP and
Guideline) 2.3.4 Duties of Designers, Manufacturers, Importers and

Suppliers of Plant

2.3.5 General Duties of Employee and Protection for Employee
Factories and
Machinery Act 2.3.6 Safe System of Work and Good Engineering Practice
(FMA) 1967 2.3.7 Powers of DOSH Inspector
Regulations on 2.3.8 Notice of Prohibition/ Improvement and Penalties
Occupational
Health 2.3.9 National Council for OSH
Regulations on 2.3.10 Safety and Health Committee
Occupational
Safety 2.3.11 OSHA Regulations
2.3.12 OSH Orders

Petroleum (Safety Measures) Act 1984

Historical Background of OSH Legislation (Definition:
Act, Regulation, ICOP and Guideline)
4
Historical Background of OSH

Legislation (Definition: Act,
Regulation, ICOP and Guideline)
Historical Background of OSH Legislation
5
Historical overview
Era of Boiler Safety - 1896
Era of Machinery Safety - 1914
Era of Industrial Safety - 1952
Era of Industrial Safety and Hygiene - 1967
Era of Occupational Safety and Health - 1994

LEGISLATION ON HSE IN MALAYSIA
6
2. FACTORIES AND 3. ENVIRONMENTAL QUALITY
1. OCCUPATIONAL SAFETY AND ACT 1974 (EQA 74)
HEALTH ACT 1994 (OSHA 94) MACHINERY ACT 1967 (FMA 67)
LEGISLATION ON HSE IN MALAYSIA
7
STRUCTURE OF LEGISLATION
8
THE ACT REGULATIONS CODES OF

PRACTICE/GUIDELINES
Defines the scope and Detailed specific

boundary, and the requirements of the Guidance in
basic provisions ACTs complying with the
Gazetted by Gazetted by the ACTs
parliament Minister May be written by
The two ACTs on OSH industries associations
are OSHA 1994 and and endorsed by
FMA 1967; and EQA DOSH
1974 for Environment Not the Law of the
country
9
Factories and Machinery Act (FMA)

1967
Regulations on Occupational Health
Regulations on Occupational Safety
Factories And Machinery Act (FMA)
10
1967
Factories And Machinery Act (FMA) 1967
11
An Act to provide for the control of factories with

respect to matters relating to the safety, health and
welfare of person therein, the registration and
inspection of machinery and for matters connected
therewith, FMA (1967)

12


Regulations on Occupational Health (FMA, 1967)
13
Objectives
To prevent the occurrence of disease due to excessive use and
exposure to lead, asbestos, mineral dust and noise
Formulation of minimum standard to protect workers exposure
Safety Health and Welfare
Protection of workers:
Determining exposure limits
Identifying and assessing level of exposure
Early detection of disease through health surveillance
Creating awareness among workers through training and information
Reducing exposure :-
Engineering control
Administrative procedure
Personal protective equipment
14
Health regulations under FMA 1967

Factories and Machinery (Lead) Regulation 1984
Factories and Machinery (Asbestos) Regulation 1986
Factories and Machinery (Mineral Dust) Regulation
1989
Factories and Machinery (Noise Exposure) Regulation
1989
15

1989
1989
16
Permissible Exposure Limits (PEL)

PEL = 150 g/m3 8 hour average
Action level = 75 g/m3 8 hour average
If working hours is other than 8 hours
PEL (g/m3) = 1200
Total working hours per day
Applied to all factories processes where lead is

used
Does not apply on construction sites or works of
engineering construction
17

1989
1989
18
Asbestos process:
Manufacturing process which involves asbestos except
process where:
The quantity of asbestos dust produced does not exceed the
permissible exposure limit; or
Cleaning of premise, equipment and factory facilities

PEL = 1 Fibre/ml air 8 hour avereage
19

1989
1989
Factories and Machinery (Mineral Dust) Regulation 1989
20
Applied to all factories where there are processes

using mineral dust
Prohibition
Sandblasting process shall not be used in any factory
unless with written approval from the Chief Inspector
Factories and Machinery (Mineral Dust) Regulation 1989
21
Type of mineral dust

list
Factories and Machinery (Mineral Dust)
Regulation 1989
22

Dust that contain silica <1% Silica
Workers exposure should not exceed the average
concentration for duration of 8 hours
5 mg/m3 air-respirable dust
10 mg/m3 air - total dust
Dust that contain silica <1% Silica
Workers exposure should not exceed the average
concentration for duration of 8 hours
0.05 mg/m3 cristabolate/trydymtie
10 mg/m3 - respirable quartz
Factories and Machinery (Mineral Dust)
Regulation 1989
23
Personal Protective Equipment (PPE)

If > Permissible Exposure Limits, need to provide:
Clothing that cover the whole body
Gloves, hats, shoes
Face shields, goggle and other relevant PPE
The employer is responsible to provide facilities for the

hygiene and disposal of clothing and equipment
24

1989
Factories and Machinery (Noise Exposure)
Regulation 1989
Factories and Machinery (Noise Exposure) Regulation 1989
25
Based on study from the year 1983 1990, it was

found that:
Average 50% or workers were at risk of hearing
impairment
22% having hearing impairment
70 % exposed at levels >90 dbA

26
Applied to all factories where workers are exposed

to excessive noise
Example of the factories:
Steel factory
Chemical industry
Palm oil mill
Textile factory
27

90 dBA for 8 hours exposure
Applicable changing rate 5dB
Each additional 5 dB, half a dose
Does not exceed 115 dBa at anytime

Does not exceed 140 dB impulsive at peak level
Dose for action level is 0.5
Limits are listed in the first schedule

28
Exposure monitoring
Initial monitoring
Sampling of workers suspected of high exposure
Exposure monitoring
Frequency (initial monitoring > action level)
Depends on the level of exposure
Every 6 months
Every 3 months
Once a month
Additional changes;
Requirement to change
Production, processes, controls or workers
29
Method of compliance
To reduce and control exposure below PEL
Engineering control
Ventilation
Water spray (mineral dust)

Administrative control
Safe work procedure
Personal protective equipments
Use of PPE if other controls fail to reduce exposure
30


Regulationson Occupational Health
Regulations on Occupational Safety (FMA, 1967)
31
Objectives
To prevent from any occurrence of accidents due to use
and handling of machines in factories
To provide a standard minimum requirements for the
protection of the workers
32
Safety regulations under FMA 1967

Factories and Machinery (Steam Boiler and Unfired Pressure Vessel)
Regulation 1970
Factories and Machinery (Person in Charge) Regulation 1970
Factories and Machinery (Electric Passenger and Goods Lift) Regulation

1970
Factories and Machinery (Fencing of Machinery and Safety) Regulation
1970
Factories and Machinery (Safety, Health and Welfare) Regulation 1970
Factories and Machinery (Notification, Certificates of Competency and
Inspection) Regulation 1970
Factories and Machinery (Building Operation and Works of Engineering
Construction) Regulation 1989
33

Regulation 1970

1970
1970
Regulations on Occupational Safety(FMA, 1967)
34
Strategies
Protection of workers through:
Setting standards for machinery which are hazardous or have
high risk
Identify and assess the level of risk/ hazards of vehicle being
handled as well as the surrounding environment
Reduce exposure through
Engineering control
Administrative procedures
Provision of standard for the protection of those handling hazardous
machinery
Create awareness among workers through training and information
35
Strategies
high risk
Engineering control
machinery
Factories and Machinery (Steam Boiler and
Unfired Pressure Vessel) Regulation 1970
36
Main provision
Manufacture of boilers and pressure vessels
Imported steam boilers and pressure vessels
Steam boilers
Unfired steam vessels
Application
All boilers and unfired pressure vessels
That have not yet assigned authorized safe working pressure by Chief
Inspector
Exception
Those exempted by the Chief Inspector due to reason of special circumstance
Misc. provision
Materials codes
Design codes
Inspecting authority
37
Strategies
high risk
Engineering control
machinery
38
Strategies
high risk
Engineering control
machinery
39

Regulation 1970

1970
1970
Factories and Machinery (Person in Charge)
Regulation 1970
40
Machinery requiring person in charge (compulsory

to have Certificate of Competency)
Steam boiler
Steam engine
Internal combustion engine
Dredge
41

Regulation 1970

1970
1970
Factories and Machinery (Electric and Passenger
Goods Lift) Regulation 1970
42
Application to all electric passenger and good lifts

Exemption given to approved by Chief Inspector
43
Design, construction, installation, testing

Lifts load and capacity
Lift safety equipment
Operation and control
testing
Approval for lift installation
Information and dimension of lift
Drawing showing design and location of lift
Certificate from manufacturer
Certificate of lift safety equipment test
Certificate of wire rope
44
Maintenance
Responsible of owner
Responsible for proper maintenance
Inspect lifts every 3 months
Responsibility of competent person

To enter into maintenance agreement with approved firm
Inform the inspector of the agreement
Conduct and maintain maintenance record for each lift
45

Regulation 1970

1970
1970
46
OSH Act 1994

BLANK 2.3.1
Objective and applications in 10 sectors of industry
2.3.2 Philosophy of OSHA and OSHA framework
2.3.4 Duties of Designers, Manufacturers, Importers and
Suppliers of Plant
2.3.5 General Duties of Employee and Protection for Employee
2.3.6 Safe System of Work and Good Engineering Practice
2.3.7 Powers of DOSH Inspector
2.3.8 Notice of Prohibition/ Improvement and Penalties
2.3.9 National Council for OSH
2.3.10 Safety and Health Committee
2.3.11 OSHA Regulations
2.3.12 OSH Orders

ACT 514: Occupational Safety and
Health Act 1994
47
ACT 514: Occupational Safety and Health Act
1994
48
This legislation was made considering the fact that

the Factory 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.
The purpose of Occupational Safety and Health Act
1994 is to promote and encourage occupational
safety and health 2.3.2.
OBJECTIVES OF OSHA
49
1. To secure the safety and health

of persons at work.
1. To protect persons at a place

of work other than employees.
2. To promote an appropriate and

suitable environment for persons
at work.
3. To enable previous legislation to be replaced by

Regulations and approved industry codes of
practice operating in combination with the OSH
Act 1994.
ACT 514: Occupational Safety and Health Act
1994
50
Act applies throughout Malaysia to the industries.

Nothing in this Act shall apply to work on board ships governed by
the Merchant Shipping Ordinance 1952, the Merchant Shipping
Ordinance 1960 of Sabah or Sarawak or the armed forces
Gazetted on February 24, 1994.
The legislation requires all employers with more than five
employees to formulate a written Safety and Health Policy of their
workplaces.
The Act sets out the responsibilities of the employers and
employees in maintaining a safe and healthy working environment
Application 10 Sectors of industry
51
Manufacturing Sector Wholesale and Retail

Mining and Quarrying; Trades;
Construction; Hotel and Restaurant;
Agriculture, Finance,
Forestry and Fishing; Insurance,
Utilities; Real Estate and
Storage and Comm. Business Service
Sector;
Public Services
Concept of OSHA 1994
52
Accident prevention is an essential part of good

management and workmanship
Management and workers must cooperate
Top management must take the lead
A define and known safety and health policy
Organization and resources to achieve policy
Best available knowledge and methods
Act 514
53 Occupational Safety and Health Act 1994
Regulations under OSHA 1994
Occupational Safety and Health (Safety and Health Officer) Order 1997
Occupational Safety and Health (Prohibition of Use of Substance) Order 1999
Guidelines Code of practice

Section 15(2) General Duties of Employers & Self-Employed
54
Persons to Their Employees
So far as is practicable
a) Provide and maintain safe plant and safe system of work.
b) Make arrangements for safe use, operation, handling, storage
and transportation of substances and plant.
c) Provide information, instruction, training and supervision.
d) Provide and maintain safe place of work and safe access and
egress; and
e) Provide and maintain working environment that is safe and
without health risk and with adequate welfare facilities.
55
Section 16 Duty to Formulate Safety & Health Policy
a) Prepare a written general OSH Policy.

b) Revise such policy when appropriate.
c) Organisation and arrangement for
translating such policy in his/her
undertakings.
d) Acknowledge his/her employees on any
revision of the policy.
e) Employer with < 5 workers is exempted.
56
Section 17 General Duties of Employers & Self-

Employed Persons to Persons Other Than Their
Employees
a) conduct his undertaking in a manner that will not
endanger and expose himself and other persons.
b) provide necessary information to other persons on the
manner in which he conduct his undertaking as might
affect their safety or health.
57
Section 18 Duties of an Occupier of Place of Work

to Persons Other Than His Employees
a) safe means of access & egress for use by persons other

than his employees.
b) ensure the safe and absence of risk in connection with
the use of plant and substances provided for use by
persons other than his employees.
58
Section 19 Penalties
A person who contravene the provisions of Section

15, 16, 17 or 18 shall be guilty of an offence and
shall on conviction be liable to:
Maximum Fine
RM50,000; or Maximum
Imprisonment 2 Years; or
Both
59
Section 20 Duties of Designers,

Manufacturers & Suppliers as Regards Plant
for Use at Work
a) Plant is of safe design and construction and

without risk to health when properly used.
b) Arrange/carry out necessary test/examination.
c) Provision of adequate information of plant.
60
Section 21 Duties Designers, Manufacturers &

Suppliers as Regards Substances for Use at
Work
a) Substance is of safe and without risk to health
when properly used.
b) Arrange/carry out necessary test/examination.
c) Provision of adequate information of substances.
61
Section 23 Penalties
A person who contravene the provisions of Section 20
or 21 shall be guilty of an offence and shall on
conviction be liable to:
Maximum Fine RM20,000; or

Maximum Imprisonment 2
Years; or Both
62
Section 24(1) General Duties of Employees at Work
a) Reasonable care for safety and health of himself and others;

b) Cooperate with employer and others;
c) Wear and use PPE; and
d) Comply with instructions on OSH.
Maximum Fine RM1,000;

or Maximum
Imprisonment 3 Months;
or Both
63
a) Section 25 Duty Not to Interfere With or Misuse Things

Provided Pursuant to Certain Provisions.
b) A person who contravene the provisions of Section 25
shall be guilty of an offence and shall on conviction be
liable to:
Maximum Fine
RM20,000; or
Maximum
Imprisonment 2 Years;
or Both
64
a) Section 26 - Duty Not to Charge Employees for Things

Done or Provided.
liable to:

Year; or Both
65
a) Section 30 Establishment of Safety & Health

Committee.
liable to:

Months; or Both
66
PART/ SECTION DESCRIPTION PENALTY
OSH (Employers Safety

Employers with than 5 workers are
& Health General Policy
exempted form the duties stipulated -
Statements) (Exceptions)
under Section 16, OSHA 1994.
Regulations 1995
OSH (Control of Max. RM50,000.00; or

Employer to make arrangements for
Industrial Major Max 2 years imprisonment
handling emergency at the
Accident Hazards) or
workplace.
Regulations 1996 Both
Under certain conditions, employer Max. RM5,000.00; or

OSH (Safety & Health
shall establish and maintain Max 6 months imprisonment
Committee) Regulations
workplace Safety & Health or
1996
Committee. Both
67
Employer to employ competent

Max. RM5,000.00; or
OSH (Safety & Health person as Safety & Health Officer
Max 6 months imprisonment
Officer) Regulations and other duties in ensuring such
or
1997 personnel could perform his duties
Both
effectively.
OSH (Safety & Health Define class of industry to appoint

- do -
Officer) Orders 1997 competent Safety & Health Officer.
OSH (Prohibition of Use

Certain substances are prohibited to
of Substances) - do -
be used.
Regulations 1999
68
OSH (Use and Standard Max. RM5,000.00; or

Employer to monitor employees
of Exposure of Chemical Max 6 months imprisonment
health if there are chemicals being
Hazardous to Health) or
used in the workplace.
Regulations 2000 Both
OSH (Notification of
Employer to notify JKKP for all
Accident, Dangerous
accidents, dangerous occurrences, Max. RM10,000.00; or
Occurrence, Occupational
occupational poisoning and Max 1 year imprisonment or
Poisoning &
occupational diseases occurred at Both
Occupational Disease)
the workplace.
Regulations 2004
69
Section 15(2) General Duties of Employers & Self-Employed
Persons to Their Employees
70
General duties of employers and self-employed persons to their

employees
To ensure as far as is practicable, the safety, health and welfare at
work of all his employees which include the following : -
~ The provision and maintenance of plant and systems of work
that are, so far as is practicable, safe and without risks to health;
~ The making of arrangements for ensuring, so far as is
practicable, safety and absence of risks to health in connection with
the use or operation, handling, storage and transport of plant and
substances;
~ The provision of such information, instruction, training and
supervision as is necessary to ensure, so far as is practicable, the
safety and health at work of his employees;
Section 15(2) General Duties of Employers & Self-
Employed Persons to Their Employees
71
~ So far as is practicable, as regards any place of work under the

control of the employer or self-employed person, the maintenance of it in a
condition that is safe and without risks to health and the provision and
maintenance of the means of access to and egress from it that are safe and
without such risks;
~ The provision and maintenance of a working environment for his
employees that is, so far as is practicable, safe, without risks to health, and
adequate as regards facilities for their welfare at work.
It shall be the duty of every employer and every self-employed
person to prepare and be appropriate revise a written statement of his
general policy with respect to the safety and health at work of his
employees and the organisation and arrangements for the time being in
force for carrying out that policy, and to bring the statement and any
revision of it to the notice of all of his employees.
Section 15(2) General Duties of Employers &
Self-Employed Persons to Their Employees
72
General duties of employers and self-employed persons to persons other

than their employees
To conduct his undertaking in safe manner, as far as practicable and to inform
about the risks associated with their undertaking to persons other than their
employees who may be affected.
To give to persons, not being his employees, who may be affected by the
manner in which he conducts his undertakings, the prescribed information on
such aspects of the manner in which he conducts his undertaking as might affect
their safety/health.
Duties of an occupier of a place of work to persons other than his
employees
Shall take such measures as are practicable to ensure that the premises, all
means of access thereto and egress there from available for use by persons
using the premises, and any plant or substance in the premises or provided for
use there, is or are safe and without risks to health.
Section 15(2) General Duties of Employers &
Self-Employed Persons to Their Employees
73
A person who has an obligation of any extent in relation to :-

~ The maintenance or repair of a place of work.
~ The prevention of risks to safety and health that may arise from the
use of any plant or substance in the place of work.
Penalty for person contravenes this is fine not exceeding RM 50,000 or
to imprisonment for a term not more than two years or both.
74
General Duties of Designers,
75
Manufacturers and Suppliers
General duties of manufacturers, etc. as regards plant for
use at work
Duty of person who designs, manufactures, imports or supplies
any plant for use at work or person who formulates,
manufactures, imports or supplies any substance for use at
work to : -
~ Ensure, as far as is practicable, that the plant or substance is
safe without risks to health when properly used; and
~ Take necessary step to secure that there is adequate
information so that the use of plant or substance is in
accordance which is designed and intended for.
General Duties of Designers, Manufacturers
76
and Suppliers
Duty of person who undertakes the design or manufacture of any
plant for use at work to carry out or arrange for the carrying out of
any necessary research with a view to the discovery and the
elimination or minimization of any risk to safety or health to which
the design or plant may give rise.
Duty of person who erects or installs any plant for use by persons at
work to ensure that nothing about the way in which it is erected or
installed makes it unsafe or a risk to health when property used.
General duties of manufacturers, etc. as regards substances for
use at work
It shall be the duty of a person who formulates, manufactures,
imports or supplies any substance for use at work :-
~ to ensure, as far as is practicable, that the substance is safe
and without risks to health when properly used;
General Duties of Designers,
77
Manufacturers and Suppliers
~ to carry out or arrange for the carrying out of such testing and
examination as may be necessary for the performance of the
duty imposed on him; and
~ to take such steps as are necessary to ensure that there will
be available adequate information about the results of any
relevant test which has been carried out on and about any
condition necessary to ensure that it will be safe and without
risk to health when properly used.
Penalty for person contravenes the provisions is fine not
exceeding RM 20,000 or to imprisonment for a term not more
than two years or both.
78
General Duties of Employees
79
General duties of employees at work

Duty of every employee while at work: -
~ To take reasonable care for safety and health of himself and of other
persons who may be affected at work;
~ To co-operate with his employer or any other other person in the
discharge of any duty or requirement imposed on the employer or that
other person by this Act or any other regulation made thereafter;
~ To wear or use all times PPE provided by the employer; and
~ To comply with any instruction or measure on occupational safety
and health.
Penalty for person contravenes this section is fine not exceeding RM
1,000 or to imprisonment for a term not more than three months or
both.
80
Duty not to interfere or misuse things provided pursuant to

certain provisions
If found guilty, be liable to a fine not exceeding RM20,000 or to
imprisonment for a term not more than two years or both.
Duty not to charge employees for things done or provided
No employer shall levy or permit to be levied on any employee of
his any charge in respect of anything done or provided in
pursuance of this Act or any other regulation made thereafter.
81
Duty not to discriminate against employee

No employer shall dismiss an employee by reason only that the employee :-
~ makes a complaint about a matter which he considers is not safe or is a risk to
health;
~ is a member or exercises any of his functions as a member of a safety and
health committee.
No trade union shall take any action on any of its members who, being an
employee at a place of work :-
~ makes a complaint about a matter which he considers is not safe or is a risk to
health;
~ is a member of a safety or exercises any of his functions as a member of the
safety and health committee established pursuant to this Act; or
Penalty for person contravenes this section is fine not exceeding RM 10,000 or to
imprisonment for a term not more than one year or both.
82
Notification of Accident, Dangerous Occurrence,
Occupational Poisoning & Occupational Diseases
83
& Inquiry
An employer shall notify the nearest occupational safety and

health office of any accident, dangerous occurrence,
occupational poisoning or occupational disease which has
occurred or is likely to occur at the place of work.
Every registered medical practitioner or medical officer
attending to a patient whom he believes to be suffering from
any of the diseases listed in the Third Schedule of the Factories
and Machinery Act 1967, or any disease named in any
regulation or order made by the Minister under this Act, or
occupational poisoning shall report the matter to the Director
General.
84
Notification of Accident, Dangerous Occurrence,
Occupational Poisoning & Occupational Diseases
& Inquiry
Director General may set up an inquiry by an

occupational safety and health officer into the nature and
cause of the accident, dangerous occurrence,
occupational poisoning or occupational disease if he
thinks necessary.
The Director General may appoint one or more persons of
engineering, medical or other appropriate skills or
expertise to serve as assessors in any such inquiry and
may be paid an allowance .
85
Prohibitions against use of plant or
86
substance
Director General may by order published in the Gazette prohibit
the use of any plant or substance which in his opinion is likely
to affect the safety and health of persons and work. But before
making the order, he should consult any Government
department or other body which appears to him to be
appropriate.
Where the Director General proposes to exercise his power, he
shall consult any Government department or other body which
appears to him to be appropriate.
A person who is aggrieved by this order may, within thirty days
of the order, lodge an appeal with the secretary to the Council
who shall transmit the appeal to an appeal committee appointed
by the Minister.
87
Enforcement and Investigation
88
An occupational safety and health officer at any reasonable time,

may inspect and examine any place of work other than a place used
solely for residential purposes provided that he may enter the
residential place with the consent of the owner or if he has
reasonable cause to believe that a contravention of this Act is likely
to be committed.
In exercising his powers, an officer may :-
~ make examination and investigation of any plant, substance,
article or other thing as may be necessary to ascertain whether or
not this Act has been complied with;
~ direct that the place of work or any part thereof, or anything
therein, shall be left undisturbed;
~ take such measurements and photographs and make such
recordings as he considers necessary for the purpose of any
examination or investigation;
89
~ take samples of any article or substance found in the place of work

which he has power to enter, and of the atmosphere in or in the
vicinity of the place of work;
~ require any person employed in a place of work in which any of the
diseases named in the Third Schedule of the Factories and Machinery
Act 1967 or any disease named in any regulation or order made by
the Minister under this Act has occurred to be medically examined.
Where an officer is of the opinion that a plant or substance has cause
or likely to cause a danger to safety and health, he may :-
~ cause it to be dismantled or subjected to any process or test at any
convenient place and at such reasonable time as he may appoint, but
not so as to damage or destroy it;
~ take possessions of it and detain it for so long as is necessary for all
or any of the following purposes :
90
- to examine it and do to it anything which he has power to do;
- to ensure that it is not tampered with before his examination of it
is completed;
- to ensure that it is available for use as evidence in and
proceedings for an offence under this Act .
Where an officer is a medical officer he may :-
~ carry out such medical examination as maybe necessary for the
purposes of his duties; and
~ exercise such other powers as may be necessary.
An officer may for the purposes of this section seek the assistance of
the police if he has reasonable cause to apprehend any serious
obstruction in the execution of his duty.
On entering any place of work or residential place, an officer may bring
with him any other person duty or any equipment or material required
for any purpose.
91
In every case where a Magistrate was given information that there is in a

place of work or residential place any article, thing, book, document, plant,
substance, installation or part thereof which has been used to commit or
intended to be used to commit an offence under this Act, he shall issue a
warrant which an officer named in the warrant may enter the place of
work or residential place at any reasonable time by day or night, and
search for and seize or seal the article, thing, book, document, plant,
substance, installation or part thereof.
Where an officer is satisfied upon information received that he has
reasonable grounds for believing that, by reason of delay in obtaining a
search warrant, any article, thing, book, document, plant, substance,
installation or part thereof in a place of work or residential place used to
commit or intended to be used to commit an offence under this Act is likely
to be removed or destroyed, he may enter the place of work or residential
place without a warrant and seize or seal the article, thing, book,
document, plant, substance, installation or part thereof found therein,
provided that it shall be an offence for a person without lawful authority to
do such thing.
92
Power of forceful entry and service on occupier of signed copy of

list of things seized from premises
An officer may, if it is necessary to do so :-
~ break open any outer or inner door of a place of work or residential
place and enter there into;
~ forcibly enter the place and every part thereof;
~ remove by force any obstruction to entry, search, seizure and removal
as he is empowered to effect; and
~ detain every person found in the place until the place has been
searched.
The officer seizing any article, thing, book, document, plant, substance,
installation or part thereof shall prepare a list of the things seized and
deliver a copy of the list signed by him to the occupier, or his agent or
servant present in the premises, and if the premises are unoccupied the
officer shall, wherever possible, post a list of the thing seized on the
premises.
93
Further provisions in relation to inspection

Upon entering any place of work an officer shall take all reasonable
steps to notify the employer and the safety and health committee of
the entry.
Upon concluding an inspection, an officer shall give to the employer
and the safety and health committee information with respect to his
observations and any action he proposes to take in relation to the
place of work.
Where an officer proposes to take and remove a sample from a place of
work for the purposes of analysis, he shall notify the employer and the
safety and health committee and after having taken the sample he
shall where possible :-
~ divide the sample taken into as many parts as are necessary and
mark and seal or mark and fasten up each part in such a manner as
its nature will permit;
94
~ if required by the employer or the safety and health committee, deliver
one part each to the employer or the safety and health committee;
~ retain one part for future comparison; and
~ if an analysis of the sample is to be made, submit another part to an
analyst for analysis.
Power of investigation
An officer shall have the power to investigate the commission of any
offence under this Act.
An officer may exercise the special powers in relation to police
investigation except that the power to arrest without warrant given by
the Criminal Procedure Code in any sizable offence may not be
exercised by him.
Upon completion of his investigation, the officer shall give all
information relating to the commission of the offence to a police officer
in charge and the police officer may. by warrant, arrest any person who
may have committed an offence under this Act.
95
Power to examine witnesses

An officer making an investigation may examine orally any perosn who
appears to him to be acquainted with the facts and circumstances of the
case.
The person referred to shall be legally bound to answer all questions
relating to the case put to him by the officer :
~ provided that the person may refuse to answer any question if the
officer fails or refuses on demand to produce to him the certificate of
authorisation issued by the Director General to the officer;
~ provided further that the person may refuse to answer any question
the answer to which would have a tendency to expose him to a criminal
charge or penalty or forfeiture.
A person making a statement under this section shall be legally bound
to state the truth whether or not the statement is made wholly or partly
in answer to questions.
96
An officer obtaining information from a person shall first inform the

person of the provisions.
A statement made by a person under this section shall be reduced into
writing and signed by him or affixed with his thumb print, as the case
may be, after it has been read to him in the language in which he made
it and after he has been given an opportunity to make any correction
he may wish.
Where an officer uses the assistance of an interpreter, any inquiry or
requisition to a person made on behalf of the officer by the interpreter
shall be deemed to have been actually made by the officer, and any
answer thereto made to the interpreter shall be deemed to have been
actually made to the officer.
The owner or occupier of, or employer at, any place of work and the
agent or the employee of the owner, occupier or employer shall provide
such assistance as the officer may require for any entry, inspection,
examination or inquiry or for the exercise of his powers under this Act.
97
Offences in relation to inspection

A person who :-
~ refuses access to a place of work to an officer or a person assisting him
~ obstructs the officer, or induces or attempts to induce any other person
to do so;
~ fails to produce any document required under this Act by the officer;
~ conceals the location or existence of any other person or any plant or
substance from the officer;
~ prevents or attempts to prevent any other person from assisting the
officer; or
~ hinders, impedes or opposes the officer in the exercise of his powers
under this Act or any regulation made there under,
On conviction, be liable to a fine not exceeding RM10,000 or to
imprisonment not exceeding one year or both.
98
Improvement notice and prohibition notice

If an officer is of the opinion that a place of work, plant, substance or
process is likely to be a danger, cause bodily injury, is a serious risk to
health or cause damage to any property, he shall serve an
improvement notice on the person who controls the place, requiring the
person to take measures to remove the danger within such period and
in every such case the place of work, plant, substance or process shall
not be used or operated even after the period of expiry of the notice
until the danger has been removed.
If an officer is of the opinion that the defect is likely to cause immediate
danger to life or property, he shall serve a prohibition notice
prohibiting the use or operation of the place of work, plant, substance
or process until such time that any danger posed is removed.
99
An improvement notice or a prohibition notice shall :-

~ state that the officer is of the opinion that there is occurring or may
occur an activity which is likely to be a danger or to cause bodily injury
or a serious risk to health or to cause damage or to cause immediate
danger to life or property, and state the reason for the opinion; and
~ where in the officers opinion the activity concerned is a contravention
or is likely to be a contravention, specify the provision and state the
reasons for the opinion.
An officer may include in an improvement notice or a prohibition notice
directions as to the measures to be taken to remove any danger, likely
danger, risk, matter or activity to which the notice relates and the
directions may refer to any approved industry code of practice.
An officer may proceed to render inoperative the place of work, plant,
substance or process by any means he may deem best suited for the
purpose.
100
An officer may, if he deems fit, recover the cost of the action

from the occupier or person having responsibility or control of
the place of work, plant, substance or process.
On conviction, be liable to a fine not exceeding RM50,000 or to
imprisonment not exceeding five years or both and to a further
fine of RM500 per day during which the offence continues.
A person who is aggrieved may appeal to an appeal committee
within 30 days from the date of the decision.
101
Liability for Offense
102
Penalty for person contravenes this section is fine not exceeding

RM 10,000 or to imprisonment for a term not more than one
year and in the case of a continuing offence, to a fine not
exceeding RM 1,000for every day or part of a day during which
the offence continues after conviction.
Every person who at the time of the commission of the offence is
a director, manager, secretary or other like officer of the body
corporate shall be deemed to have contravened the provision
and may be charged jointly in the same proceedings with the
body corporate and shall be deemed to be guilty of the offence.
A person may be proceeded against and convicted whether or
not the corporation has been proceeded against or has been
convicted.
103
Offences committed by trade union

Every officer, employee and person purporting to act on the
instruction of any officer of the trade union shall be deemed to have
contravened the provision and may be charged jointly in the same
proceeding with the trade union and shall be deemed to be guilty of
the offence.
A person may be proceeded against and convicted whether or not the
trade union has been proceeded against or has been convicted.
Offences committed by agent
A person who would be liable under this Act to any penalty for
anything done or omitted if the thing had been done or omitted by
him personally shall be liable to the same penalty if the thing had
been done or omitted by his agent.
104
Defense
It shall be a defense in any proceedings against a person for an
offence under this Act to satisfy the court that the offence was
committed without his consent or connivance and that he exercised
all such due diligence to prevent the commission of the offence as he
ought to have exercised, having regard to the nature of his functions
in that capacity and to all the circumstances.
Body corporate or trade union liable to fine
Where a person convicted in respect to an offence under this Act is a
body corporation or a trade union, it shall only be liable to the
imposition of a fine provided there for.
Aiding and abetting
A person who aids or abets the commission of an offence under this
Act shall be punished with the punishment provided for the offence.
105
Safeguards against further personal liability

No person shall incur any personal liability for any loss or damage caused
by any act or omission by him in carrying out the duties under this Act,
unless the loss or damage was occasioned intentionally or through
recklessness or gross negligence.
Onus of proving limits of what is practicable
In any proceedings for an offence under this Act consisting of a failure to
comply with a duty or requirement to do something so far as is
practicable, it shall be for the accused to prove that it was not practicable
to do more than was in fact done to satisfy the duty or requirement.
Prosecutions
Prosecutions in respect of offences committed under this Act may, with
the prior written consent of the Public Prosecutor, be instituted and
conducted by an occupational safety and health officer or by an officer
specially authorized in writing by the Director General subject to the
provisions of the Criminal Procedure Code.
Compounding of offences
The Minister may, by order in the Gazette, prescribe any offence
under this Act as an offence which may be compounded.
The Director General may at any time before conviction
compound any of the offences as an offence which may be
compounded by collecting from the person reasonably suspected
of having committed the offence a sum of money not exceeding
the amount of the maximum fine to which the person would
have been liable to if he had been convicted of the offence :
Provided that the Director General shall not exercise his powers
unless the person in writing admits that he has committed the
offence and requests the Director General to deal with the
106
offence.
National Council
107
Membership of the Council

National Council for Occupational Safety and Health must be
established under this Act. Membership of the Council :-
~ 3 persons from organisations representing employers;
~ 3 persons from organisations representing employees;
~ 3 or more persons from Ministries or Departments whose
responsibility is related to occupational safety and health;
~ 3 or more person, of whom at least one woman, from
organisations or professional bodies the activities of whose
members are related to occupational safety and health;
The provisions of Second Schedule shall apply to members of the
Council.
108
National Council
109
Powers and Function of the Council

The Council have power to do all things necessary to assist the
objects of this Act.
Carry out investigations and make report to Minister with regard to
any matter relating to the objects of this Act, in particular, with
regard to :-
~ changes it consider desirable to occupational safety and health
legislation;
~ the improvement of the administration and enforcement of
occupational safety and health legislation;
~ the fostering of a co-operative consultative relationship between
management and labour on safety, health and welfare of persons at
work;
~ the special problems with respect to occupational safety, health
and welfare of women, handicapped persons and other groups in
the community;
National Council
110
The establishment of adequate methods of control of industrial chemicals at a place

of work;
~ The statistical analysis of occupationally related deaths and injuries;
~ The provision of health care facilities at a place of work;
~ The fostering of the development and adoption by law of industry codes of
practice related to occupational safety, health and welfare; and
~ The development of rehabilitation plans and facilities to assist persons injured
at a place of work.
Appointment of Secretary to the Council
The Minister shall appoint a public officer from the office of the Director General
to be the secretary to the Council.
The Council may, with the approval of the Minister, arrange for the use of the
services of any staff or facility of the office of DG.
111
Safety and Health Organizations
112
Medical surveillance
Minister may order a medical surveillance if :-
~ cases of illness he has reason to believe may be due to the nature of
the process or other conditions of work;
~ cases of change in process or substance which may cause risk of
injury;
~ persons below age 16 years are about to be employed in work which
may cause risk of injury; or
~ risk of injury to health from Third Schedule of new substance as
result of process changes.
5,000 or to imprisonment for a term not more than six months or
both.
113 Safety and Health Organizations
Safety and health officer
Safety and health officer shall be appointed to such class of industries as
the Minister may published in the Gazzette.
Shall employ a competent person to act as safety and health officer.
Safety and health officer employed for ensuring this Act and any regulation
thereafter is followed.
The safety and health officer shall possess such qualifications or have
received such training as the Minister may from time to time prescribe.
Penalty for person contravenes this section is fine not exceeding RM 5,000
or to imprisonment for a term not more than six months or both.
114 Safety and Health Organizations
Establishment of safety & health committee at place of work
Every employer shall establish a safety and health committee at the
place of work in accordance with this section if :-
~ there are 40 or more persons employed at the place of work; or
~ the Director General directs the establishment of such a committee at
the place of work.
Every employer shall consult the safety and health committee to the
making and maintenance of arrangements which will enable him and his
employees to co-operate in promoting and developing measures to
ensure the safety and health at the place of work and in checking the
effectiveness of such measures.
5,000 or to imprisonment for a term not more than six months or both.
Safety and Health Organizations
115
Functions of safety and health committee

The safety and health committee established :-
~ shall keep under review the measures taken to ensure the safety
and health of persons at the place of work;
~ shall investigate any matter at the place of work :-
- which a member of the committee or a person employed
thereat considers is not safe or is a risk to health; and
- which has been brought to the attention of the employer;
~ shall attempt to resolve any matter referred to above and, if it is
unable to do so, shall request the Director General to undertake
an inspection of the place of work for that purpose; and
~ shall have such other functions as may be prescribed.
Regulations
116
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 Labelling 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 Disease) Regulations
2004-NADOOPOD
REGULATIONS RELATED TO
OCCUPATIONAL HEALTH
117
1. OSH (Control of Industrial Major Accident Hazards) 1996

2. OSH (Safety & Health Committee) Regulations 1996
3. OSH (Classification, Packaging & Labelling of Hazardous Chemicals) Regulations
1996
4. OSH (Safety & Health Officer) Regulations 1997
5. OSH (Safety & Health Officer) Order 1997
6. OSH (Prohibition of Use of Substances) Order 1999
7. OSH (Use & Standard of Exposure of Chemicals Hazardous to Health) Regulations
2000
8. OSHA: Declaration of Occupational Diseases (2000)
6/14/2017
118
The end
Thank you
Revision
119
OCCUPATIONAL HEALTH
120
1) OSH(Control of Industrial Major Accident Hazards) 1996 CIMAH

2) OSH (Safety & Health Committee) Regulations 1996
3) OSH (Classification, Packaging & Labelling of Hazardous Chemicals) Regulations 1996
4) OSH (Safety & Health Officer) Regulations 1997
5) OSH (Safety & Health Officer) Order 1997
6) OSH (Prohibition of Use of Substances) Order 1999
7) OSH (Use & Standard of Exposure of Chemicals Hazardous to Health) Regulations 2000
8) OSHA: Declaration of Occupational Diseases (2000)
6/14/2017
CIMAH Regulations 96:
121
MAJOR HAZARD INSTALLATIONS
CIMAH = Control of Industrial Major Accident Hazards
Where large quantities

(exceeding the threshold
quantity) of designated
chemicals are manufactured,
processed, stored or handled
6/14/2017
CLASSIFICATION OF INDUSTRIAL
122
ACTIVITIES
1 2 3
EXCLUDED NON MAJOR MAJOR
INDUSTRIAL HAZARD HAZARD
ACTIVITIES INSTALLATION INSTALLATION
[QHS<10% TQ] [10% TQ<QHS <TQ ] [QHS >TQ ]
QUANTITY OF HAZARDOUS
10% OF TQ SUBSTANCE TQ
REFER TO SCHEDULE 1 AND 2 FOR TYPE AND THRESHOLD

QUANTITY (TQ) OF HAZARDOUS SUBSTANCE
6/14/2017
CIMAH REGULATIONS 1996: SCOPE
123
GENERAL REQUIREMENT
PART I - Application
PART II - Identification & Notification PART III
PART V - Notification of Accident Demonstration
PART VI - Penalty of safe operation
PART IV
Safety report EXCLUDED
On/off-site ERP NMHI
MHI
Information to Nuclear
public Installation
Armed Forces
Inst.
Transportation
Installation with
Q<10 % TQ
INDUSTRIAL ACTIVITY
OCCUPATIONAL HEALTH
124
OSH (Control of Industrial Major Accident Hazards) 1996

OSH (Safety & Health Committee) Regulations 1996
OSH (Classification, Packaging & Labelling of Hazardous Chemicals) Regulations
1996
OSH (Safety & Health Officer) Regulations 1997
OSH (Safety & Health Officer) Order 1997
OSH (Prohibition of Use of Substances) Order 1999
OSH (Use & Standard of Exposure of Chemicals Hazardous to Health) Regulations
2000
OSHA: Declaration of Occupational Diseases (2000)
6/14/2017
Occupational Safety & Health (Safety Committee)
Regulations 1996
125
SAFETY AND HEALTH COMMITTEE

AGROUP OF RESPONSIBLE PEOPLE COMMITED
IN THEIR ALL OUT EFFORT TO PROVIDE A SAFE
AND HEALTHY WORKPLACE
6/14/2017
Occupational Safety and Health (Safety Committee)
Regulations 1996
126
OBJECTIVES
To promote consultation and cooperation between
management and workers in upgrading safety & health at
work
To provide a two-way communication channel for
dissemination of information on safety & health issues
To enhance interest and motivation of all groups of
management and workers at workplace of work in safety &

health
6/14/2017
Regulations 1996
127
SPECIFIC FUNCTIONS OF COMMITTEE

1) Assist in development of rules and systems
2) Assist in development and review of programmes
3) Perform analysis of incident trends and statistic
4) Review and recommend amendments to safety and
health policy
5) Perform inspections and recommend preventive
measures
6/14/2017
Regulations 1996
128
SPECIFIC FUNCTIONS OF COMMITTEE

6) Perform immediate investigation of accidents and
recommend corrective measure
7) Investigate complains of unsafe practices and
recommend corrective measure
8) Assist in development of promotional and education
programmes
9) Discuss reports and matters from safety officer,
enforcement officers, etc
10)Advise employer on safety and health matters
6/14/2017
129 Occupational Safety and Health (Safety
Committee) Regulations 1996
CHAIRMAN
- Employer or his authorised manager
SECRETARY
- Safety and health officer
EMPLOYERS REPRESENTATIVES
- Division managers / directors
- Sections supervisors
EMPLOYEES REPRESENTATIVES
- Representatives from various section
6/14/2017
OCCUPATIONAL HEALTH
130

1996
2000
6/14/2017
OSH (CPL) REGULATIONS 1997
131
Made under section 66 of

the Occupational Safety &
Health Act 1994
Gazetted 10 April 1997
Come into force 15 April
1997
6/14/2017
DUTIES UNDER CPL REG. 97
132
FOUR MAIN DUTIES OF SUPPLIER

To Classify Chemicals
To Ensure Chemicals Supplied In
Good Packaging
To Label Packages
To Furnish Chemical Safety
Datasheet
6/14/2017
CPL: CHEMICAL CLASSIFICATION
133
Part B: Based on Health

Part A : Based on Effects
Physicochemical
Very Toxic
Properties
Toxic
Explosive
Corrosive
Oxidising
Harmful
Extremely Flammable
Irritant
Highly Flammable
Flammable
6/14/2017
CHEMICAL SAFETY DATA SHEET
134
15 mandatory information based on ILO

Recommendation 177
Recommended format as in Guidelines
Be in both the National Language and English
6/14/2017
LABELLING
135
Diamond shape (similar to UNTDG)

Symbol follows EU
An exploding bomb
A flame over a circle
A flame
A skull & cross bones
Damaging effect of an acid
A St. Andrews Cross
6/14/2017
GUIDELINES UNDER CPL
136
Classification of Hazardous
Chemicals 1997
Formulation of Chemical
Safety Data Sheet 1997
Labelling of Hazardous
Chemicals 1997
6/14/2017
OCCUPATIONAL HEALTH
137

1996
2000
6/14/2017
OSH (Safety & Health Officer) Regulations 97 & OSH
(Safety & Health Officer) Order 1997
138
Commencement
The Regulations and the Order were both gazetted
21st August 97 & come into force 22nd August 97
Rationale
To provide legal framework for registration &
notification of Safety & Health Officer (SHO)
To lay down duties of employer towards SHO
To lay down duties of SHO
To specify class or industries where SHO is to be
employed
6/14/2017
OCCUPATIONAL SAFETY & HEALTH
(SAFETY & HEALTH OFFICER) ORDER 1997
139
Employer of the following class or description of

industries shall employ a safety and health officer
1. building operation : contract price exceeds RM20
million
2. work of engineering construction : contract price
exceeds RM20 million
3. any ship building at peak of work employ more than
100 employees
4. any gas processing or petrochemical industries with
more than 100 employees
6/14/2017
OCCUPATIONAL SAFETY & HEALTH
(SAFETY & HEALTH OFFICER) ORDER 1997
140
(continuation)
5. any chemical or allied industry with more than 100
employees
6. any boiler or pressure vessel manufacturing activity
with more than 100 employees
7. any metal industry with more than 100 employees
8. any wood working industry with more than 100
employees
9. any cement mfg with more than 100 employees
10. other manufacturing activity other than (f) - (i) with
more than 500 employees
6/14/2017
QUALIFICATION FOR REGISTRATION AS A SAFETY &
HEALTH OFFICER
141
Diploma in OSH or equivalent approved by Minister

Completed a course of training in OSH & passed any
examination or equivalent approved by Minister & has
minimum 3 years experience in OSH
(SHO Course conducted by NIOSH is one of the approved course)
Been working in the area of OSH for at least 10 years
Holds other qualification or has received training as
prescribed by Minister
6/14/2017
DUTIES OF SHO
142
to advise employer on the measures to be taken in

the interests of safety and health
to inspect place of work to determine any hazard
liable to cause bodily injury
to investigate any accident, near miss, dangerous
occurrence, poisoning or disease
to assist employer or S&H Committee in organising
and implementing OSH programme
6/14/2017
DUTIES OF SHO
143
to become the secretary of a S&H Committee

to assist the S&H Committee in inspections
to collect, analyse & maintain statistics
to assist any officer in carrying his duty under
the Act and regulations
to carry out any other instruction made by the
employer on any matters pertaining to safety &
health at workplace
6/14/2017
OCCUPATIONAL HEALTH
144

1996
2000
6/14/2017
145
OSH (PROHIBITION OF USE OF
SUBSTANCE) ORDER 1999
146
Order Made By The Director General Of Occupational

Safety & Health
Under Section 35(1) Of The Osh Act 1994
10 Types Of Chemical Substances Prohibited From Certain
Uses
Prohibited due to their hazardous effects to health, such as
proven carcinogens.
6/14/2017
PROHIBITED SUBSTANCES
4-Aminodiphenyl Benzene
Benzidine Carbon disulphide
2-Napthylamine Carbon tetrachloride
4-Nitrodiphenyl and n-Hexane
their salts & any
substance containing White Phosphorus
them exceeding 0.1% Crocidolite
147
6/14/2017
OCCUPATIONAL HEALTH
148

1996
2000
6/14/2017
INTRODUCTION TO USECHH REGULATIONS
149
Made under Section 66 of OSHA 1994

To protect safety and health of employee and other
person from being affected by chemical hazardous
to health use at the place of work
Gazetted on 4th April 2000
Come into force on 4th April 2001
USECHH= Occupational Safety & Health (Use and Standards of

Exposure of Chemicals Hazardous to Health) Regulations 2000.
6/14/2017
RATIONALE OF USECHH REGULATIONS
150
to provide legal framework for the employer

to control use of chemical hazardous to health
to set workplace exposure standard in order
to protect the health of the employees and
others at the place of work
to promote excellence in management
chemicals hazardous to health
6/14/2017
USECHH: APPLICATION
151
All places of work

within the purview of
the Occupational Safety
and Health Act 1994
where chemicals
hazardous to health are
used
6/14/2017
USECHH: APPLICATION-
Places of Work
152
manufacturing
mining & quarrying
construction
agriculture, forestry & fishing
utilities - electricity, gas, water, & sanitary services
transport, storage & communication
wholesale & retail traders
hotels and restaurants
finance, insurance, real estate & business services
public services & statutory authorities
6/14/2017
USECHH: CHEMICAL HAZARDOUS TO HEALTH
153
Chemicals with Permissible Exposure Limits listed in

Schedule 1
about 600 chemicals
Define under CPL Regulations as
Very toxic, Toxic, Corrosive, Harmful,
Irritant including carcinogens,
teratogens & mutagens
Pesticides under Pesticides Act 1974
Scheduled wastes under Scheduled Waste
Regulations 1989 6/14/2017
USECHH: EXCLUSION FROM COMPLIANCE
154
Certain places of work are excluded if the

chemical substances used are
radioactive materials,
foodstuff,
pharmaceutical products, or
they are hazardous to health solely by virtue
of their explosive or flammable properties,
or solely because they are at a high
temperature or pressure.
6/14/2017
SALIENT PROVISIONS OF USECHH
155
Identification of chemicals
hazardous to health ;
Permissible exposure limits;
Assessment of risk to health;
Action to control exposure;
Labelling & Relabelling
Information, instruction and training
SALIENT =Strikingly conspicuous; prominent. See Synonyms at

noticeable. 6/14/2017
USECHH: SALIENT PROVISIONS (cont)
156
Monitoring of the exposure at the

workplace
Health surveillance;
Medical Removal Protection
Warning Sign
Record keeping
6/14/2017
157
-Regulation 5
Identification of chemicals hazardous to health

Employer to identify all chemicals hazardous to
health used
Record information in register
Register to contain list of chemicals; CSDS;

average quantity used, produced, stored;
affected process & work area; details of
suppliers
6/14/2017
158
-Regulations 6,7,8
Permissible exposure limits
Ceilinglimit
8-hour TWA
Maximum Exposure Limits
6/14/2017
159
-Regulations 9,10,11,12,13
Assessment of risk to health

Written assessment to be made before any work
exposing employees to chemicals hazardous to
work is carried out
Review assessment
Assessment by a registered assessor
Assessment report to submit to employer within

one month
Assessment report to be made available to DOSH
6/14/2017
-Regulations 14,15,16,17,18,19
Action to Control Exposure

Control to below PEL
Control ALARP for those without PEL
Hierarchy of control measures
Use of approved PPE
Engineering control equipment to be inspected,

examined and tested at regular interval
LEV to be designed and commissioned by Professional
160
Engineer
6/14/2017
161
-Regulations 20, 21
Labelling & Relabelling

Ensure all chemicals hazardous to health are
labelled
Relabel if original labels are removed, defaced,
modified or altered
Relabel if chemical transferred into another
container
Relabelling unnecessary if chemical used
immediately
6/14/2017
SALIENT PROVISIONS -Regulations 22,
162
23, 24, 25
Information, instruction and training

Provided to employees
Contents to include risk to health and precautions to
be taken
Review of programme
Programme to be documented
Employer not to use chemical if not labelled or CSDS
not obtained
Employee to have access to CSDS
6/14/2017
SALIENT PROVISIONS
163
-Regulation 26
Monitoring of the exposure at the workplace

Recommended by an assessor
Using approved method of monitoring & analysis
Conducted by hygiene technician
Employer to maintain record of monitoring
6/14/2017
SALIENT PROVISIONS
164
-Regulation 27
Health Surveillance Programme
Recommended by an assessor
Medical surveillance by OHD
Employer to maintain record of health surveillance for

30 years
6/14/2017
SALIENT PROVISIONS
165
-Regulation 28
Medical Removal Protection

Employer not to permit employee with certain
health conditions to be exposed
Pregnant, breast-feeding employee not to be
exposed
Return to former job when risk is no longer there
6/14/2017
SALIENT PROVISIONS
166
-Regulation 29
Warning Signs
Posted at conspicuous
place
Illuminated and
cleaned
In National Language
and English
6/14/2017
PENALTY
167
MAXIMUM RM10,000 OR 1 YEAR JAIL OR BOTH

CONTINUING OFFENCE MAXIMUM
RM500/RM1,000 FOR EVERY DAY
6/14/2017
GUIDELINES UNDER USECHH
168
Guide on Chemical Register

Guidelines for the Registration of Assessor,
Hygiene Technician and Occupational Health
Doctor
Manual on the Assessment of Health Risk Arising
from the use of Chemicals Hazardous to Health
(CHRA)
Guidelines on the Control of Chemical Hazardous
to Health
Guidelines on Health Surveillance
Guidelines on the Storage of Chemical
Hazardous to Health
6/14/2017
OCCUPATIONAL HEALTH
1996
2000
169
6/14/2017
OSHA 1994: DECLARATION OF
170
OCCUPATIONAL DISEASES
Made by Minister under Section 32(2) OSHA

Minister declares the diseases listed in Schedule to
be occupational diseases under the Act
Declaration come into operation on 1st October
2000
The Schedule listed occupational diseases,
including poisonings, infections, skin diseases, lung
diseases and other conditions, such as cancers,
heat illness and hearing impairment.
6/14/2017
OCCUPATIONAL HEALTH
171

1996
2000
6/14/2017
172
34 Guidelines
173
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 on Method of Sampling and Analysis for Airborne Lead
1997
6 Guidelines for the Formulation of a Chemical Safety Datasheet
1997
7 Guidelines for the Classification of Hazardous Chemicals
1997
8 Guidelines for Labelling of Hazardous Chemicals
1997
9 Guidelines on Occupational Safety and Health in Tunnel Construction
1998
10 Garispanduan Pendaftaran Tenaga Pengajar &Pengendalian Kursus Induksi Keselamatan & Kesihatan Pekerja
Sektor Binaan 2000
34 Guidelines
174
10 Guidelines for the Registration of Assessors, Hygiene Technician and Occupational Health
Doctor (OHD) 2000
12 Guidelines for the Preparation of a Chemical Register
2000
13 Guidelines on Trenching for Construction Safety
2000
14 Assessment of the Health Arising from Use of Hazardous Chemical in the Workplace (2nd
Edition) 2000
15 Guidelines on the Control of Chemicals Hazardous to Health
2001
16 Guidelines on Medical Surveillance
2001
17 Garispanduan Penyediaan Dokumen Demonstrasi Operasi Selamat (Am)
2001
18 Garispanduan Penyediaan Dokumen Demonstrasi Operasi Selamat (Penstoran Gas Petroleum
Cecair Di Dalam Selinder) 2001
19 Panduan Bagi Pencegahan Tekanan Dan Keganasan Di Tempat Kerja
2001
20 Guidelines on Monitoring of Airbone Contaminant For Chemicals Hazardous To Health
2002
34 Guidelines
175
21 Guidelines on Occupational Safety and Health for Standing at Work

2002
22 Guidelines on Reproductive Health Policy & Programmes at the Workplace
2002
23 Guidelines on Occupational Safety and Health in Agriculture
2002
24 Guidelines on Occupational Vibration 2003
25 Guidelines on Occupational Safety and Health for Seating at Work
2003
26 Garispanduan Untuk Memohon Sebagai Pusat Pengajar Pegawai Keselamatan dan Kesihatan
2003
27 Guidelines on Occupational Safety and Health in Fishing and Aquaculture Operation
2003
28 Guidelines on Gender Issues in Occupational Safety and Health
2003
29 Guidelines on Occupational Safety and Health for Working with Video Display Unit (VDUs)
2003
30 Guidelines on Occupational Safety and Health In Logging Operations
2004
34 Guidelines
176
2004
31 Guidelines on Preventing and Responding to Drugs and Alcohol Problems In The Workplace
2004
32 Guidelines on Occupational Safety and Health In Service Sector
2004
33 Guidelines on First-Aid in the Workplace (2nd Edition)
2004
34 Guidelines on Occupational Health Services
2005
OSH (Control of Industrial Major Accident
Hazards) Regulations 1996- CIMAH
177
Part 1: Preliminary
Part 2: Identification and notification of
an industry activities
Part 3: Demonstration of safe operation
for non-major hazard
installation
Part 4: Report on industrial activity and
preparation of emergency plan
for major hazard installation
Part 5: Notification of major accident
Part 6: Penalty
OSH (Safety and Health Committee) Regulations
1996-SHC
178
Part 1: Preliminary
Part 2: Composition of safety and health
committee
Part 3: Functions of safety and health
committee
Part 4: Meetings of safety and health
committee
Part 5: Provisions of training and
information
Part 6: Penalty
OSH (Classification, Packaging and Labelling of
179
Hazardous Chemicals) Regulations 1997- CPL
1. Citation and commencement

2. Interpretation
3. Application
4. Duty of supplier to classify
5. Packaging requirements
6. Seal of package
7. Labeling
8. Dimension of label
9. Duty of supplier to furnish Chemical Safety Data Sheet
10. Confidential information on chemical
OSH (Safety and Health Officer) Regulations
1997
180
Part 1: Preliminary
Part 2: Registration of a safety and
health officer
Part 3: Notification of a safety and health
officer
Part 4: Duties of an employer
Part 5: Duties of safety and health officer
Part 6: Miscellaneous
OSH(Safety and Health Officer) Order 1997
181
Citation and commencement

Interpretation
Class or description of industries required
to employ safety and health officer
182
OSH (Prohibition of Use of Substance) Order
1999
183
Citation and commencement
Prohibition of use of substance
4-aminodiphenyl; Manufacture and use for all purposes To prevent cancer

benzidine;2-naphthylamine; including any manufacturing process
4-nitrodiphenyl; their salt & in which a substance described in
substance exceeding 0.1% column (1) is formed, except for
research or analytical purposes
White phosphorus Use in the manufacture of matches Chronic phosphorus
poisoning (osteomyalitis of
the jaw bone)
Benzene Cleaning and degreasing purposes Human carcinogen
Carbon disulphide; carbon Cleaning and degreasing purposes Damage to nervous

tetrachloride and n-hexane system
Liver or kidney nacrosis
Damage to paripheral
nerves
Crocidolite All purposes except for research or Lung cancer and
analytical purposes mesotheliomas
OSH (Use & Standards of Exposure of Chemicals
Hazardous to Health) Regulations 2000
184
Part 1: Preliminary
Part 2: Identification of chemical hazardous
to health
Part 3: Permissible exposure limit
Part 4: Assessment of risk to health
Part 5: Action to control exposure
Part 6: Labeling and Re labeling
OSH (Use & Standards of Exposure of Chemicals
185
Hazardous to Health) Regulations 2000
Part 7: Information, instruction and training

Part 8: Monitoring of exposure at the place of
work
Part 9: Health Surveillance
Part 10: Medical removal protection
Part 11: Warning sign
Part 12: record keeping
OSH (Notification of Accident, Dangerous Occurrence,
Occupational Poisoning and Occupational Disease)
186
Regulations 2004
Part 1: Preliminary
Part 2: Notification and reporting of a
accident, dangerous occurance, occupational
poisoning and occupational disease
Part 3: No interference at accident or
dangerous occurrence scene
Part 4 : Maintenance of all records of a
accident, dangerous occurance, occupational
poisoning and occupational disease
Part 5: Miscellaneous
187
Industry Codes of Practice
188
The Minister may, approve industry codes of practice comprising such

directions as may appear to him to be necessary or proper for the
guidance of persons in complying with the requirements of the
provisions of this Act.
The Minister may, from time to time revise the industry codes of
practice by amending, deleting, varying or adding to the provision of
the industry codes of practice.
An industry code of practice may :-
~ consist of any code, standard, rule, specification or provision relating
to occupational safety or health approved by the Minister; or
~ apply, incorporate or refer to any document formulated or published
by any body or authority as in force at the time the industry code of
practice is approved or as amended, formulated or published from time
to time.
Industry Codes of Practice
189
The Minister shall cause to be published in the Gazette the approval of

an industry code of practice and the amendment or revocation thereof.
Use of industry codes of practice in proceedings
It is alleged that a person has contravened or failed to comply with a
provision of the Act in relation to which an approved industry code of
practice was in effect at the time of the alleged contravention or failure :-
~ the approved industry code of practice shall be admissible in evidence
in the proceedings; and
~ if the court is satisfied in relation to any matter which it is necessary
for the prosecution to prove in order to establish the alleged
contravention or failure that :-
- a provision of the approved industry code of practice is
relevant to the matter; and
- the person failed at any material time to observe the
provision of the approved industry code of practice.
Petroleum (Safety Measures) Act 1984
190
Petroleum (Safety Measures) Act

1984
191
192
193
194

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1

OSHA in Malaysia and Industrial

1. Historical Background of OSH Legislation (Definition: Act,

1. Factories and Machinery Act (FMA) 1967 Akta A1268

1. Petroleum (Safety Measures) Act 1984 ACT 30

Historical OSH Act 1994

Guideline) 2.3.4 Duties of Designers, Manufacturers, Importers and

Petroleum (Safety Measures) Act 1984

Historical Background of OSH

Era of Industrial Safety - 1952

Era of Industrial Safety and Hygiene - 1967

Era of Occupational Safety and Health - 1994

THE ACT REGULATIONS CODES OF

Defines the scope and Detailed specific

Factories and Machinery Act (FMA)

An Act to provide for the control of factories with

Factories And Machinery Act (FMA) 1967

An Act to provide for the control of factories with

Factories And Machinery Act (FMA) 1967

Health regulations under FMA 1967

Health regulations under FMA 1967

Permissible Exposure Limits (PEL)

Applied to all factories processes where lead is

Health regulations under FMA 1967

Permissible Exposure Limits (PEL)

Health regulations under FMA 1967

Applied to all factories where there are processes

Type of mineral dust

Permissible Exposure Limits (PEL)

Personal Protective Equipment (PPE)

The employer is responsible to provide facilities for the

Health regulations under FMA 1967

Based on study from the year 1983 1990, it was

70 % exposed at levels >90 dbA

Applied to all factories where workers are exposed

Palm oil mill

Permissible Exposure Limits (PEL)

Does not exceed 115 dBa at anytime

Dose for action level is 0.5

Limits are listed in the first schedule

Water spray (mineral dust)

An Act to provide for the control of factories with

Factories And Machinery Act (FMA) 1967

Safety regulations under FMA 1967

Factories and Machinery (Electric Passenger and Goods Lift) Regulation

Safety regulations under FMA 1967

Factories and Machinery (Electric Passenger and Goods Lift) Regulation

Safety regulations under FMA 1967

Factories and Machinery (Electric Passenger and Goods Lift) Regulation

Machinery requiring person in charge (compulsory

Internal combustion engine

Safety regulations under FMA 1967

Factories and Machinery (Electric Passenger and Goods Lift) Regulation

Application to all electric passenger and good lifts

Design, construction, installation, testing

Responsibility of competent person

Safety regulations under FMA 1967

Factories and Machinery (Electric Passenger and Goods Lift) Regulation

OSH Act 1994

This legislation was made considering the fact that

1. To secure the safety and health

1. To protect persons at a place

2. To promote an appropriate and