Dr. Rafikullah DeramanDepartment of Construction Engineering and ConstructionFKAAS, UTHM

Legislation Act

+ OSHA 1994+ FMA 1967+ BOWECS 1986

OSHA 1994OCCUPATIONAL SAFETY AND HEALTH ACT 1994

Introduction The Occupational Safety and Health Act 1994

(Act 514) is a piece of Malaysian legislation which

has been gazetted on the 25 February 1994 by the

Malaysian Parliament.

IntroductionCO

NTE

NT

OF

OSH

A 19

94 15 parts- is a measure that supersedes any conflict in existing occupational safety and health laws

Regulation and Legislation

The responsibilities of employers, manufacturer, employees, self-employed workers, designers,

importers and vendors

Introduction

OSHA 1994Act

Regulation

Code of Practice

Order

Guideline

Objective of OSHA 1994• To secure the safety, health and welfare of persons at work 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 or 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 may be progressively replaced by a system of regulations 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.

General Duties of Employers & Self-Employed Persons◦ Section 15 - General duties of employers and self-employed persons

to their employees.

1. Ensure the safety, health and welfare of all workers while at work2. This includes:

a) Making arrangements and maintenance of plants and work systemb) Making arrangements for the use, handling, storage and

transportation of the plant and substances (materials).c) Provision of information, instruction, training and supervision.d) Provide and maintain workplace / access routes to and from work

areas.e) Provide and maintain work environment with adequate welfare

facilities.

◦ Section 15 - General duties of employers and self-employed persons to their employees.

Additional Provision:◦ Employee includes independent contractor engaged by an employer or a

self employed person and any employees of the independent contractor.

General Duties of Employers & Self-Employed Persons

• Section 16 - Formulate a written Safety and Health Policy

• Section 17(1) - Conduct operations without endangering the safety of others – non-workers and public.

• Section 17(2) - Provide information to others on business operations.

• Section 18 - An occupier of non-domestic premises shall take measures to ensure that the place of work is/are safe and without risks to health to the persons other than his employees.

General Duties of Employers & Self-Employed Persons

General Duties of Employers & Self-Employed Persons

◦ Section 19 – Penalties

◦ A person who contravenes the provisions of Section 15, 16, 17 and 18 shall be guilty of an offence and shall on conviction be liable to:

Maximum Fine RM50,000; or Max

Imprisonment 2 Years; or Both

General Duties of Employers & Self-Employed Persons

Section 26. Duty not to charge employees for things done or provided.

◦ The employer may not charge employees for things done or provided in pursuance of this Act.

General Duties of Employers & Self-Employed Persons

◦ Section 27 - Discrimination against employee, etc.

◦ Employer /Trade Union may not discriminate – dismiss, injure or change position of any employee who makes complaint that he is not safe or is risk to health and also exercises his functions as a member of the Safety and Health Committee.

Maximum Fine RM10,000; or Max

Imprisonment 1 Years; or Both

General Duties of Employers & Self-Employed Persons

◦ Section 29 – Safety and health officer

Specific industries gazetted. Employ a competent person to act as a safety and health officer. Specific responsibilities to ensure compliance to the Act and

promotion of safe work. Qualification and training requirements.

Maximum Fine RM5,000; or Max Imprisonment 6 months; or Both

General Duties of Employers & Self-Employed Persons

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

To be established if:a. There are 40 or more workers.b. Instructed by Director General

Membership, selection and appointment as prescribed. Consultation with employer

Maximum Fine RM5,000; or Max Imprisonment 6 months; or Both

General Duties of Employers & Self-Employed Persons

◦ Section 31 – Functions of safety and health committee

To review all safety and health measures that have been taken. Investigate issues concerning occupational safety and health and

bring to attention of employer. Other functions may be determined.

◦ Section 32 – Notification of Accidents, Dangerous Occurrence Occupational Poisoning and Occupational Diseases and Inquiry

Employers to inform the nearest Department of Safety and Health office (DOSH).

Registered Medical Practitioners should report to the Director General.

General Duties of Employers & Self-Employed Persons

General Duties of Employees

◦ Section 24 – General duties of employees at work

a. Ensure personal safety and that of others.b. Cooperate with employer and others.c. Properly wear and /or use personal protective equipment that are

provided.d. Comply to any safety instructions.

Maximum Fine RM1,000; or Max Imprisonment 3 months; or Both

General Duties of Employees

Section 25 - Duty not to interfere with or misuse things provided pursuant to certain provisions

◦ An employee who intentionally, recklessly or negligently interfere of misuse anything provided or done in the interest of safety, health and welfare in pursuance of the Act shall be guilty of an offence.

Maximum Fine RM20,000; or Max

Imprisonment 2 Years; or Both

Regulations and Orders under OSHA 1994 (Act 514)Occupational Safety and Health (Employers’ Safety and Health General Policy Statement)(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 (Safety and Health Officer) Orders 1997

Occupational Safety and Health (Prohibition of Use of Substances) Orders 1999

Occupational Safety and Health (Use and Standard of Exposure of Chemicals Hazardous to Health) Regulations 2000

Occupational Safety and Health (Notification of Accident, dangerous Occurrence, Occupational Poisoning and Occupation Disesases) Regulations 2004

FMA 1967FACTORIES AND MACHINERIES ACT 1967 (ACT 139)

IntroductionFMA 1967 was the sole OSH legislative reference pertaining to industries’ activities.

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.

Objective OF FMA 1967 To provide for the control of factories with respect to:

matters relating to the safety, health and welfare of persons therein;

the registration and inspection of machinery; and

matters connected therewith.

◦ Workers that are covered by Factory and Machinery Act 1967 consists only of 24% of the nation’s total man power, while Occupational Safety and Health Act (OSHA) 1994 would cover 90% of the nation’s total man power.

Regulations under FMA 1967 (Act 139)

Factories & Machinery (Certificate of Competency – Examinations) Regulations 1970

Factories & Machinery (Electric Passenger and Goods Lift) Regulations 1970

Factories & Machinery (Fencing of Machinery & Safety) Regulations 1970

Factories & Machinery (Notification, Certificate of Fitness and Inspection ) Regulations 1970

Factories & Machinery (Person-In-charge) Regulations 1970

Factories & Machinery (Safety, Health and Welfare) Regulations 1970

Factories & Machinery (Steam Boiler and Unfired Pressure Vessel) Regulations 1970

Regulations under FMA 1967 (Act 139) Factories & Machinery (Administration) Regulations 1970

Factories & Machinery (Compounding Offences) Rules 1978 & Factories & Machinery (Compoundable Offences) Regulations 1978

Factories & Machinery (Lead Regulations 1984

Factories & Machinery (Asbestos Process)

Factories & Machinery (Noise Exposure) Regulations 1989

Factories & Machinery (Mineral Dust) Regulations 1989

Factories & Machinery (Building Operations and Works of Engineering Construction) Regulations 1986

Related to Construction

BOWECS 1986BUILDING OPERATIONS AND WORKS OF ENGINEERING CONSTRUCTION (BOWECS) 1986 & OTHER LEGISLATIONS

Introduction Force on 1st October 1986 – Building operations and works of engineering construction only.

Building operations – Construction, structural alteration, repair & maintenance, demolition of an intended building.

Works of Engineering Construction – Construction, extension, installation, repair, maintenance, renewal, removal, renovation, alteration, dismantling and demolition.

The regulation stipulated under Factories & Machinery Act and Regulations.

Part I: Preliminary – Definition of terms

Contractor – Person who has entered into a contract for the purpose of carrying out any building operations or works of engineering construction and includes main contractor or sub-contractor.

Contractor’s Safety Supervisor – A contractor’s safety supervisor appointed under Regulation 26.

Designated Person – A competent person appointed by an employer to carry out any supervision or inspection or to perform any task or duty prescribed by these Regulations.

Employer – Any person who employs another person under contract of service.

Main contractor – A person who has entered into a contract with a owner or lessee of a property or his agent for the purpose of carrying out any building operation or work of engineering construction.

Professional engineer – A “Registered Professional Engineer” as defined by Section 2 of the Registration of Engineer Act 1967.

Part II: General Provision This part describes the general precautions to be taken such as:

Installation of machinery, Drawing hazards, Slipping hazards, Tripping and cutting hazards, PPE, Electrical hazards, Public vehicular traffic, Stability of structures, Illumination, Storage of materials, Disposal of debris, Site safety supervisors, Safety and health committee.

Part III: Concrete Work This part deals with precautions to be taken in the erection and dismantling of formwork for concrete buildings.

PE must certify all formworks and reshores – responsible for supervision and structure stability.

Erection work supervision – conduct regular inspection – record all findings.

Stripping of formwork should not commence until concrete is fully set in accordance with PE’s specification.

Part IV: Structural Steel & Pre-cast Concrete Assembly

Safety requirements – Erection of structural steel and pre-cast concrete structures.

To control movement of structural members while being hoisted.

Temporary flooring – follow up by construction of steel frame building.

Part V: Cleaning, Repairing & Maintenance of Roof, Gutters, Windows, Louvers and Ventilation

i) Precautions step need to be taken when working on steep roofs.

ii) Crawling boards or roofing brackets must be installed on roofs at safe angle.

Part VI: Catch Platforms i) Catch platform must be erected along the exterior face of structures to protect the public against falling objects.

ii) Designed and certified by PE.

Part VII: Chutes, Safety Belts & Nets Chutes or rubbish removal must totally enclosed if angle exceeds 45 degrees from horizontal.

Chutes exceed 12.0m – constructed in accordance with PE design and certification.

Warning notices – conspicuous position.

Debris not allow to accumulate to an unacceptable height.

Type and strength of safety belts, safety net and lifelines shall be adequate and approved by Chief Inspector.

Defective items should be removed from work site. All inspections to be recorded and kept on work site for inspection by an Inspector.

Part VIII: Runways and Ramps i) Runways and ramps for vehicles, workers and barrows to be designed by PE.

Part IX: Ladders & Step-Ladders i) Securely fixed to avoid slip.

ii) Necessary for work exceeding 1.5 meters in height.

Part X: Scaffolds i) Scaffolds and their components must constructed from suitable

& sound material and adequate strength.

ii) Working platforms must be adequate size for specific work and provided with guard-rails and toe-boards.

Part XI: Demolition i) No part of a building or structure can be allowed to become dangerously overloaded with debris; and

ii) The work must be done under close supervision of a designated person.

Part XII: Excavation Work i) Excavation must be shored or cut back to prevent collapse.

ii) Guardrails must be installed if excavations exceed 3 meters in depth.

iii) Provide with access if more than 1.2 meters depth.

iv) Inspection must be carried out and recorded.

Part XIII: Materials Handling & Storage and Use & Disposal

i) All materials in bags, containers or bundles and other materials stored in tiers must be stacked, blocked and limited to certain height for stability.

ii) Aisle and passageways to be kept clear to provide free and safe movement of material handling.

iii) Material disposed from a height of 6 meters to be carried out with

the aid of enclosed chute.

Part XIV: Piling i) Pile driving equipment to be inspected by competent designated

person.

ii) Pile testing must be conducted under the direct supervision of a designated person.

iii) Test area is a restricted area to other workers.

Part XV: Blasting and Use of Explosive i) Explosives must be handled under immediate control of a competent designated person.

ii) When explosives are fired, employees must not be exposed to risks of injury from the explosion or flying materials.

Part XVI: Hand and Power Tools i) Hand and power tools must be maintained in safe and good working condition.

ii) The use of hand tools, electric, pneumatic, fuel, hydraulic and power driven equipment also elaborate under this part.

Part XVII: Miscellaneous i) Failure to comply provisions made under these Regulations shall liable the offender to a fine not exceeding RM2,000.00.

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