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Teo Kok Thye Noor Hafizatun Bt. Zaini@Zulkifly Stella Nurul Zanariah Bt. Kolan Suhadiyana Bt. Hanapi Abdul Hadi B. Abdol Rahim@Ibrahim
GS30327 GS29624
GS29163 GS29158
INTRODUCTION
The occupational Safety and Health Act 1994 (Act 514) was enacted on 24th February 1994 by the DYMM Yang Dipertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled. An act to make further provisions for securing the safety, health and welfare of persons at work and to establish National Council for Occupational Safety and Health and for matters connected therewith (Source: OSHA Act 1994)
An act to provide for the planning, coordination, promotion, administration and enforcement of occupational safety and health matters and prevention of accidents, ill health and injury at workplace.
Breach of OSH statue laws is criminal offence for which financial penalties and imprisonment can be imposed.
OSHA 1994
1) Provide a legislative framework to stimulate and encourage high standards of safety and health at work place Promote safety and health awareness and establish effective safety organization through self regulation Defines general duties of employers, manufacturers, employees, the self employed, designers, importers and suppliers Covers all sectors except the armed forces and work on board ships
2) 3)
4)
Source: http://www.lawyerment.com.my/library/doc/empl/osha/
For high risk industries (i.e. construction, ship building, gas etc.) >100 Employees Safety & Health Policy + Safety & (Order 1997) Health Committee + a Certified Safety & Health Officer
For low risk industries (other than the above mentioned industries) >500 Employees Safety & Health Policy + Safety & (Order 1997) Health Committee + a Certified Safety & Health Officer
SAFETY GLOVE?
SAFETY SHOES?
To provide sufficient information. To eliminate or reduce hazard. To build and fix the equipment with safety feature. Penalty for non compliance: A fine not exceeding RM20,000 or maximum 2 years imprisonment or both
CASE EXAMPLE
Assist in the development of safety & health rules and safe systems of work; Review the effectiveness of safety & health programmes; Carry out studies on the trends of accident, near-miss accident, dangerous occurrence, occupational poisoning or disease, and shall report to the employer together with recommendations for corrective actions; Review the safety & health policies. Penalty if these regulations are contravened: fine <RM5, 000 or imprisonment <6months or both
EXAMPLE
Tool box meeting SHE meetings Fogging at designated time Inspection on site practices Submission of materials and workers certificates
OBJECTIVE
Control of factories operations with respect to safety, health and welfare of persons
Registration and inspection of machinery
APPLICATION
OSHA 1994 supersedes the FMA 1967 in the event of any conflict FMA 1967 applies to mainly factories and construction sites FMA and OSHA enabling act (give power to minister to gazette detail regulations) Contains some general provision on safety, health and welfare FMA-limited to manufacturing industry, mining and quarrying and construction Do not contain detail provisions on specific matters *Detail provisions are stipulated under the regulations
ARRANGEMENT
Part 1: Preliminary
Definition of a factory :
There must be premise and its boundaries can be defined, Within the premises there is manual labor doing process The process must involve the making, altering, repairing, ornamenting, finishing, cleaning, washing, breaking up demolition or adapting for sale any article; and Part I building operations, hoisting machine, machinery, steam The processes must be for trading. (Other definitions in boiler)
Key points: Machinery operators must be adequately trained or under the supervision of a trained person (Section 26),
Young persons (< 16 years) must not operate machinery (Section 28)
4. Fills a standard form together with (a) layout plan of the factory; (b) list of products to be manufactured; (c) list of machines to be used; (d) list of chemicals, toxic or flammable substances to be used, and (e) detail flow chart of the processes.
Part 6: General
Schedules
Schedule 1
Defines dangerous occurrences to machinery that need to be notified
Schedule 2
Describes the types of injury that may be classified as serious bodily injury
Schedule 3
Lists notifiable industrial diseases
Regulations under the Act 1. Factories and Machinery (Certificates of Competency Examinations) Regulations, 1970 2. Factories and Machinery (Electric Passenger and Goods Lift) Regulations, 1970 3. Factories and Machinery (Fencing of Machinery and Safety) Regulations, 1970 4. Factories and Machinery (Notification of Fitness and Inspections) Regulations, 1970 5. Factories and Machinery (Person-In-Charge) Regulations, 1970 6. Factories and Machinery (Safety, Health and Welfare) Regulations, 1970
7. Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) Regulations, 1970 8. Factories and Machinery (Administration) Regulations, 1970 9. Factories and Machinery (Compounding of Offences) Rules, 1978 10. Factories and Machinery (Compounding of Offences) Regulations, 1978 11. Factories and Machineries (Lead) Regulations, 1984 12. Factories and Machineries (Asbestos Process) Regulations, 1986 13. Factories and Machinery (Building Operations and Works of Engineering Construction) (Safety) Regulations, 1986 14. Factories and Machinery (Noise Exposure) Regulations,1989 15. Factories and Machinery (Mineral Dust) Regulations, 1989
2. Laid down pre-requisite for the application for a certificate of competency and the examination procedure
3. All certificates of competency have requirements for experience and an examination pass before they can be granted 4. Certificates of competency can be suspended or cancelled if the holder is medically unfit or in case of serious misconduct or if judged unfit after an enquiry or a court case
Factories and Machinery (Electric Passenger and Goods Lift) Regulations, 1970
Factories and Machinery (Electric Passenger and Goods Lift) Regulations, 1970
1. All new lifting machines (cranes, crab, winch) and lifting appliances (pulley and chain blocks) have a manufacturers certificate specifying safe working load with design drawing and load calculations 2. Apply to lifts used to carry persons and goods 3. Owner to provide detail design to obtain approval from DOSH (Regulation 6) 4. Capacity of a lift is based on lift car floor area and displayed clearly on each lift car (Regulation 7)
5. Specifications for the following components of a lift system: - Machine room (Regulation 9) - Lift well (Regulation 10) - Landing doors (Regulation 12 and 13) - Lift car (Regulation 14 to 19) - Suspension system (Regulation 20 to 29) 6. Duties of lift owner to maintain the lift (3 monthly inspections and monthly service by competent person) 7. Enter details of all inspections and maintenance activities in lift register (Regulation 31) 8. Owner must display certificate of registration in the lift car or at the bottom of the landing (Regulation 32)
Part 3 1. Governs the inspection of factory or machinery by DOSH * Factory and machinery inspected at regular intervals(15 months but up to 36 months at the discretion of DOSHRegulation 14) DOSH give advance notice of the inspection to the occupier Occupier prepare machinery for inspection 2. DOSH may direct not complying factory to improve the situation (Regulation 27) 3. Stop work notice may be issued for machinery without a current certificate of fitness (Regulation 28) Part 4 -Inspection fees charged by DOSH
Other machines must also be securely fenced Other form of guarding switches and interlocks Workers trained in the operation of certain dangerous machines and aware of the dangers of such machines Six schedules gives further specification for the materials and dimensions of machine guards
2. 3.
4. Larger boiler need an engineers certificate of competency for steam boiler and steam engine (Regulation 5)
5. IC engines < 100 hp need a holder of IC engine drivers certificate 6. Larger IC engine need a holder of an IC engine engineers certificate in charge
7. Dredge operated by steam or IC engine must have a person who holds an engineers (steam) certificate of competency or an engineers (IC engine) certificate of competency or dredge masters certificate of competency (Regulation 7)
8. Requirement to provide instruction and training to operators of certain machinery - Each operator must have a course of instruction and 10 days of supervision by an experienced operator (Regulation 20) 9. Schedule 1 lists machineries that require a trained operator: * Presses Saws Metal working machines Hoisting machines
4.
Adequate protection are necessary before working inside a confined space (Regulation 13) 5. Flammable and dangerous liquids must be securely stored and precautions taken against fire and explosion (Regulations 14 to 17, 21, 22) 6. Materials and finished goods must be securely stacked and stored (Regulations 19, 20) 7. Specifications are laid down for cleaning of surfaces inside factory (Regulation 23) 8. Lighting, ventilation and climate requirements are all detailed (Regulations 24-29) 9. Working clothes and protective equipment (Regulation 32) 10. Welfare facilities such as toilets, drinking water, washing facilities and first aid (Regulation 33 to 38)
Four Schedules of the regulations: First Schedule specify classes of factories that do not need internal surfaces white washed every 12 months; Second Schedule describes the level of lighting required in different parts of the \ factory Third Schedule lists work activities that need eye protection or protective screens Fourth Schedule contents of first aid box
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