MUHAMMAD BADRIL HUSNY BIN IZHAR

AF160172

SECTION 2

1. Which industries are listed under OSHA 1994?

1. Manufacturing
2. Mining and Quarrying
3. Construction
4. Agriculture, Forestry and fishing
5. Utilities
6. Public services and Statutory Authorities
7. Transport, Storage and Communication
8. Wholesale and Retail Trades
9. Hotel and Restaurants
10. Finance, Insurance, Real Estate and Business Services

2. OSHA 1994
i. Section 16 – Formulate a written Safety and 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.
ii. Section 29 – Safety and Health Officer

a) Specific industries gazetted

b) Employ a competent person to act as a safety and health officer.

c) Specific responsibilities to ensure compliance to the Act and promotion of

safe work.

d) Qualification and training requirements.

 iii. Section 30 – Establishment of safety and health committee at place of work.

a) Every employers shall consult the safety and health commitee with a view of
the making and maintenance of arrangements which will enable him and his
employees to cooperate effectively in promoting and developing measures
to ensure the safety and health.

3. FMA 1967
i. Section 19 – Penalties:
1. No person shall operate or cause or permit to be operated any machinery in
respect of which a certificate of fitness is prescribes, unless there is in force in
relation to the operation of the machinert a valid certificate of fitness issued
under this act.
2. Certificates of fitness is issues uncer this Act shall be in the forms
respectively prescribed and shall be valid subject to this Act.
3. Any person who contravenes subsection shall be guilt of an offence and shall
onconviction, beliable to a fine not exceeding one hundred and fifty thousand
ringgit or to imprisonment for a term not exceeding three years or both.
ii. Section 29

1. This section shall apply to such class or description of industries as the

Minister may, by order published in the Gazette, specify.

2. An occupier of a place of work to which this section applies shall employ a

competent person to act as a safety and health officer at the place of work.

3. The safety and health officer shall be employed exclusively for the purpose
of ensuring the due observance at the place of work of the provisions of this Act
and any regulation made there under and the promotion of a safe conduct of
work at the place of work.

4. The safety and health officer shall possess such qualifications or have
received such training as the Minister may, by notification in the Gazette, from
time to time prescribe.

5. An occupier who contravenes the provisions of this section shall be guilty of

an offence and shall, on conviction, be liable to a fine not exceeding five
thousand ringgit or to a term of imprisonment not exceeding six months or to
both.
 iii. Section 34 – Operation of Factory

`For the purpose of holding an inquiry under this Act, an occupational safety and health
officer shall have the power to administer oaths and affirmations and shall be vested
with the powers of a First Class Magistrate for compelling the attendance of witnesses
and the production of documents, maintaining order and otherwise duly conducting the
inquiry, and all persons summoned to attend the inquiry shall be legally bound to attend.

iv. Section 35- Building operations or works of engineering construction

1. Notification to be made to the Inspector in prescribed form not later than 7

days of the commencement of the operation.

2. Exemption:

a) Work which does not involve the use of machinery; and

b) Work could be completed in a period less than six weeks.

v. Section 36 – Installation of Machinery

1. No person should install or cause to install any machinery except with written
approval from the Inspector.

2. In respect to machinery requires COF, a written notice to be served to the

Inspector, who shall soon make the necessary inspection.

3. No machinery requiring COF to be operated without written approval from

the Inspector.