Occupational Safety and Health Laws and Regulations Prepared by: DR. IRNIS AZURA ZAKARYA

History of Malaysia’s Occupational Safety Health Legislation Selangor Boiler Enactment 1892 Perak Boiler 1903 Machinery Enactment 1932 Machinery Ordinance 1953 Factory and Machinery Act 1967 Lift Regulation 1970 Lead Regulation 1984 Noise Regulation 1989 Mineral Dust Regulation 1989 Asbestos Regulation 1991 Occupational Safety & Health Act 1994

Factory and Machinery Act 1967 (FMA 1967) In the year 1967, the Factory and Machinery Act was approved by the Parliament of Malaysia This act was legislated to overcome the weaknesses in the Machinery Ordinance 1953 They were not protected if they are working in a workplace that doesn’t use machinery Up to date, there are 15 regulations under the act were enforced

Factory and Machinery Act 1967 (FMA 1967) Part I – Preliminary Part II – Safety, health and welfare Part III – Person in charge and certificate of competency Part IV – Notification of accident, dangerous occurrence and dangerous diseases Part V – Notice of occupation of factory and registration and use of machinery First schedule – Dangerous occurrence Second schedule – Serious bodily injury Third schedule – Notifiable occupational diseases

FMA 1967 Purpose Scope Operation of factories and the use of machinery Registration and inspection of machinery Less provision on health aspect Scope Covers occupational safety and health in the manufacturing, factories, construction, quarrying and mining areas.

Factory and Machinery (Administration) Regulations, 1970 Factory and Machinery (Certificates of Competency - Examinations) Regulations, 1970 Factory and Machinery (Electric Passenger and Goods Lift) Regulations,1970 Factory and Machinery (Fencing of Machinery and Safety) Regulations, 1970 Factory and Machinery (Notification, Certificates of Fitness and Inspection)Regulations, 1970 Factory and Machinery (Person-in-Charge) Regulations, 1970 Factory and Machinery (Safety, Health and Welfare) Regulations, 1970 Factory and Machinery (Steam Boiler and Unfired Pressure Vessel) Regulations, 1970 Factory and Machinery (Compoundable Offences) Regulations, 1978 Factory and Machinery (Lead) Regulations, 1984 Factory and Machinery (Asbestos Process) Regulations, 1986 Factory and Machinery (Building Operations and Works of Engineering Construction) (Safety) Regulations, 1986 Factory and Machinery (Mineral Dust) Regulations, 1989 Factory and Machinery (Noise Exposure) Regulations, 1989 Factory and Machinery (Compounding of Offences) Rules, 1978 (Revoked)

Code of Practice on Indoor Air Quality Code of Practice on Safety, Health and Environment for Transportation Sector Code of Practice on Prevention and Eradication of Drugs, Alcohol and Substance Abuse in the Workplace Code of Practice on Prevention and Management of HIV/AIDS at the Workplace Code of Practice on Safe Working in a Confine Space

Occupational Safety and Health Act 1994 (OSHA 1994) Part I – Preliminary Part II – Appointment of Officers Part III – National Council for Occupational Safety and Health Part IV – General Duties of Employers and Self-Employed Person Part V – General Duties of Designers, Manufacturers and Suppliers Part VI – General Duties of Employees Part VII – Safety and Health Organisation Part VIII – Notification of Accidents, Dangerous Occurrence Occupational Poisoning and Occupational Diseases and Inquiry Part IX – Prohibition Against Use of Plant or Substances Part X – Industry Code of Practice Part XI – Enforcement and Investigation Part XII – Liability of Offences Part XIII – Appeals Part XIV – Regulations Part XV - Miscellaneous

OSHA 1994 Purpose (Section 4) To secure the safety, health and welfare of persons at works against risks to safety or health arising out of the activities of persons at work To protect persons at a place of work other than persons at work against risks to safety and health arising out of the activities of persons at work To promote an occupational environment for persons at work which is adapted to their physiological and psychological needs To provide the means whereby the associated occupational safety and health legislations and approved industry codes of practice operating in combination with the provisions of this Act designed to maintain or improve the standards of safety and health

Scope Shall apply throughout Malaysia to the industries as specified in the First Schedule (Section 1) Manufacturing; mining and quarrying; construction; utilities; hotels and restaurants; agriculture, forestry and fishing; transport, storage and communication; wholesale and retail trades; finance, insurance, real estate and business services; public services and statutory authorities Shall not apply to On board ships governed by the Merchant Shipping Ordinance 1952, the Merchant Shipping Ordinance 1960 of Sabah and Sarawak or the armed forces

General duties of employers and self-employed person (Section 15) It shall be the duty of every employer and self-employed person to ensure, so far as is practicable, the safety, health and welfare at work of all his employees Maintenance of plant and systems are safe without risks to health Operation, storage, handling and transport of plant and substances Information, instruction, training and supervision Safe work place, safe access to and egress from Provision and maintenance of a working environment for his employees Written general OSH policy (Section 16) Not to charge employees for things done or provided (Section 17) Employer to report accidents, dangerous occurrences, occupational poisonings or diseases to DOSH Penalty (Section 19) RM 50,000 or 2 years jail or both

General duties of manufacturers Plant for use at work (Section 20) To ensure plant is designed and constructed to be safe when properly used To carried out testing and examination of the plant before it is used Provide adequate information for safe use Design or manufacture shall eliminate or minimize of any risk to safety and health Erection or installation any plant are safe for use Substances for use at work (Section 21) To ensure substances is safe when use To carried out testing and examination before it is used Manufacture of substances shall eliminate or minimize of any risk to safety and health Penalty (Section 23) RM 20,000 or 2 years jail or both

General duties of employees at work (Section 24) Reasonable care for the safety and health of himself and other persons who may be affected by his act at work Cooperate with his employer in the discharge of any duty imposed on the employer Use at all time any protective equipment or clothing provided by the employer Comply with any instructions or measures on OSH instituted by his employer Penalty (Section 24 (2)) RM 1,000 or 3 months jail or both.

Continue… Duty not to interfere with or misuse things provided pursuant to certain provisions (Section 25) Penalty, RM 20,000 or 2 years jail or both. Discrimination against employee (Section 27) Employ a competent person to act as a safety and health officer (SHO) in work place (Section 29) Establish a safety and health committee at work place (Section 30) Notification of accidents, dangerous occurrence, occupational poisoning and occupational diseases and inquiry (Section 32) Powers of entry, inspection, examination, seizure etc. (Section 39)

Occupational Safety and Health Act 1994 (OSHA 1994) Occupational Safety and Health (Employers Safety and Health General Policy Statements) (Exception) Regulations, 1995 Occupational Safety and Health (Control of Industrial Major Accident Hazards) Regulations, 1996 Occupational Safety and Health (Safety and Health Committee) Regulations, 1996 Occupational Safety and Health (Classification, Packaging and Labeling of Hazardous Chemicals) Regulations, 1997 Occupational Safety and Health (Safety and Health Officer) Regulations, 1997 Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations, 2000 Occupational Safety and Health (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease) Regulations, 2004

OSH UniMAP Policy UniMAP is resolved to ensure and to establish a conductive and safe working environment for all staff members, students and visitors. UniMAP wishes to achieve this objective by making the practice of occupational safety and health at the workplace a part of the university’s culture following Occupational Safety and Health Act 1994 (OSHA) and other acts related to occupational safety and health. UniMAP will also take precaution to reduce damages and loses to property and to protect the staff and students from accident and injuries including disease to occupational. The Occupational safety and health policy must be adhered to and practice by all heads of department, deans directors, unit coordinators and all other university staff members, Subsequently, all levels of the university management must plan the occupational safety and health objectives, the targets and the activity action plan so as to achieve a full compliance to the practice of workplace safety. From time to time, UniMAP will reevaluate the policy, training and programme as part of continuous process to improve occupational health and safety. UniMAP also acknowledges the importance of collaboration and to have consultations between the employer and employees in the creation of harmonious condition for producing a practical approach towards the occupational safety and health aspect at the workplace. This is pertinent because the employees are better aware of the nitty-gritty of the work they perform. The implementation of occupational safety and health at the workplace is solely dependent on the commitment of all staff members and students of UniMAP as well as any parties which have dealing with UniMAP to fully adhere to this policy all the times.