LEGAL AND OTHER REQUIREMENT REGISTEReoffice.picc.com.my/edocument/Co-X QHS SOP12-R01... · 17 Factories and Machinery (Electric Passenger and Goods Lift) Regulations 1970 68 181

LEGAL AND OTHER REQUIREMENT REGISTER

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CONVENTION & EXHIBITION (PUTRAJAYA) SDN. BHD.

LEGAL REGISTER MASTER LIST

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1 Occupational Safety and Health Act 1994 4

2 Occupational Safety and Health (Safety & Health Committee) Regulations 1996 16

3 Occupational Safety and Health (Safety and Health Officer) Order 1997 28

4 Occupational Safety and Health (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease) Regulations 2004

29

5 Factories and Machinery Act 1967 33

6 Electricity Supply Act 1990 43

7 Fire Services Act 1988 46

8 Environmental Quality Act (EQA) 1974 49

9 1. Environmental Quality (Scheduled Wastes) Regulations 2005 49

10 2. Environmental Quality (Sewage) Regulations 2009 49

11 Factories and Machinery (Noise Exposure) Regulations 1989 52

12 Factories and Machinery (Safety, Health and Welfare) Regulations 1970 57

13

Occupational Safety and Health (Classification, Labelling and Safety Data Sheet of Hazardous Chemicals) Regulations 2013

61

14 1. Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) Regulations 1970 64


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15 Factories and Machinery (Notification, Certificate of Fitness and Inspection) Regulations 1970 65

16

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

66

17 Factories and Machinery (Electric Passenger and Goods Lift) Regulations 1970 68

18 1. Factories and Machinery (Fencing of Machinery and Safety) Regulations 1970 71

19 Factories and Machinery (Persons-In-Charge) (Amendment) Regulations 2014 74

20 1. Occupational Safety and Health (Prohibition of Use of Substance) Order 1999 75

21 Petroleum (Safety Measures) Act 1984 77

22 Petroleum (Safety Measures) (Transportation of Petroleum by Pipelines) Regulations 1985 79

23 1. Employee’s Social Security Act 1969 82

24 1. Construction Industry Development Board Act 1994 85

25 Environmental Quality (Delegation of Powers) (Perbadanan Putrajaya) Order 2002 87

26 1. Solid Waste and Public Cleansing Management Act 2007 91

27 Licensing of Premises for Trades, Businesses and Industries (Perbadanan Putrajaya) By-Laws 1999 92

28 1. Street, Drainage and Building Act 1974 93

29 Sewerage Services Act 1993 95


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30 1. Food (Control of Tobacco Product) Regulations 2004 96

31 2. Industrial Code of Practice for Safe Working in a Confined Space 2010 97

32 3. Industrial Code of Practice on Chemicals Classification & Hazard Communication 2014 97

33 4. Industrial Code of Practice on Indoor Air Quality 2010 97

34 5. Code of Practice on Prevention & Eradication of Drug, Alcohol & Substance Abuse in the Workplace 2005 97

35 6. Code of Practice on Prevention & Management of HIV / AIDS at the Workplace 2001 97


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1. Occupational Safety & Health Act 1994

NO RELEVANT ACT / REGULATION RESPONSIBILITY STATUS OF

COMPLIANCE

1

PART IV GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSONS Section 15. General duties of employers and self-employed persons to their employees. (1) It shall be the duty of every employer and every self-employed person to ensure, so far as is

practicable, the safety, health and welfare at work of all his employees. (2) Without prejudice to the generality of subsection (1), the matters to which the duty extends include in particular –

(a) the provision and maintenance of plant and systems of work that are, so far as is practicable, safe and without risks to health;

(b) 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;

(c) the provision of such information, instruction, training and supervision as is to ensure, so

far as is practicable, the safety and health at work of his employees;

(d) 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;

(e) the provisions 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.

Management

Representative and

Head of Department

Complied


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(3) For the purpose of subsections (1) and (2) –

(a) “employee” includes an independent contractor engaged by an employer or a self-employed person and any employee of the independent contractor; and

(b) the duties of an employer or a self-employed person under subsection (1) and (2) extend to such an independent contractor and the independent contractors’ employees in relation to matters over which the employer or self-employed person –

(i) has control; or (ii) would have had control but for any agreement between the employer or self-

employed person and the independent contractor to the contrary.

Section 16. Duty to formulate safety and health policy Except in such cases as may be prescribed, it shall be the duty of every employer and every self-employed person to prepare and as often as may be appropriate revise a written statement of his general policy with respect to the safety and health at work of his employees and the organization 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 his employees.

Management

Representative and

Head of Department

Complied


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Section 17. General duties of employers and self-employed persons to persons other that their employees. (1) It shall be the duty of every employer and every self-employed person to conduct his

undertaking in such a manner as to ensure, so far as is practicable, that he and other persons, not being his employees, who may be affected thereby are not thereby exposed to risks to their safety or health.

It shall be the duty of every employer and every self-employed person, in the prescribed circumstances and in the prescribed manner, to give to persons, not being his employees, who may be affected by the manner in which he conducts his undertaking, the prescribed information on such aspects of the manner in which he conducts his undertaking as might affect their safety or health.

Management

Representative and Head of Department

Complied

Section 18. Duties of an occupier of a place of work to persons other than his employees (1) An occupier of non-domestic premises which has been made available to persons, not being

his employees, as a place of work, or as a place where they may use a plant or substance provided for their use there, shall take such measures as are practicable to ensure that the premises, all means of access thereto and egress therefrom 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.

(2) A person who has, by virtue of a contract or lease or otherwise, an obligation of any extent in

relation to –

(a) the maintenance or repair of a place of work or any means of access thereto or egress therefrom; or

(b) the prevention of risks to safety and health that may arise from the use of any plant or

substance in the place of work, shall for the purpose of subsection (1) be deemed to have control of the matters to which his obligation extends.

Management

Representative and

Head of Department

Complied


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Section 19. Penalty for an offence under section 15, 16, 17 or 18 A person who contravenes the provisions of section 15, 16, 17 or 18 shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Management

Representative and

Head of Department

Complied

PART V : GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND SUPPLIERS Section 20. General duties of manufacturers, etc. as regards plant for use at work It shall be the duty of a 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, so far as is practicable, the elimination or minimization of any risk to safety or health to which the design or plant may give rise. It shall be the duty of a person who erects or installs any plant for use by persons at work to ensure, so far as is practicable, that nothing about the way in which it is erected or installed makes it unsafe or a risk to health when properly used.

For Information

For information

Section 21. General duties of manufacturers, etc. as regards substances for use at work (1) It shall be the duty of a person who formulates, manufacturers, imports or supplies any

substances for use at work –

(a) to ensure, so far as is practicable, that the substance is safe and without risks to health when properly used;

(b) to carry out or arrange for the carrying out such testing and examination as may be

necessary for the performance of the duty imposed on him by paragraph (a); and

For Information

For Information


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(c) to take such steps as are necessary to ensure that there will be available in connection with the use of the substance at work adequate information about the results of any relevant test which has been carried out on or in connection with the substance and about any condition necessary to ensure that it will be safe and without risks to health when properly used.

(2) It shall be the duty of a person who undertakes the manufacture or supply of any substance

for use at work to carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is practicable, the elimination or minimization of any risk to safety or health to which the substance may give rise.

Section 23. Penalty for an offence under section 20 or 21 A person who contravenes the provisions of section 20 or 21 shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

For Information

For Information


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PART VI GENERAL DUTIES OF EMPLOYEES Section 24. General duties of employees at work (1) It shall be the duty of every employee while at work -

(a) to take reasonable care for the safety and health of himself and or other persons who may be affected by his acts or omissions at work;

(b) to co-operate with his employer or any other person in the discharge of any duty or

requirement imposed on the employer or that other person by this Act or any regulation made thereunder;

(c) to wear or use at all times any protective equipment or clothing provided by the employer

for the purpose of preventing risks to his safety and health; and

(d) to comply with any instruction or measure on occupational safety and health instituted by his employer or any other person by or under this Act or any regulation made thereunder.

(2) A person who contravenes the provisions of this section shall be guilty of an offence and shall,

on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.

Management Representative and Head of Department

Complied

Section 25. Duty not to interfere with or misuse things provided pursuant to certain provisions A person who intentionally, recklessly or negligently interferes with or misuses anything provided or done in the interests of safety, health and welfare in pursuant of this Act shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Management


Complied


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Section 26. 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 pursuant of this Act or any regulation made thereunder.

Management

Representative and

Head of Department

Complied

PART VII SAFETY AND HEALTH ORGANISATIONS Section 28. Medical surveillance (1) Where it appears to the Minister that in any of the industries or class or description of industries -

(a) cases of illness have occurred which he has reason to believe may be due to the nature of the process or other conditions of work;

(b) by reason of changes in any process or in the substances used in any process or, by

reason of the introduction of any new process or new substance for use in a process, there may be risk of injury to the health of persons employed in the process;

(c) persons below the age of sixteen years are or are about to be employed in work which may cause risk of injury to their health; or

(d) there may be risk of injury to the health of persons employed in any of the occupations

specified in the Third Schedule, or from any substance or material brought to the industries to be used or handled therein or from any change in the conditions in the industries,

he may make regulations requiring such reasonable arrangements as may be specified in the regulations to be made for the medical surveillance and medical examination, not including medical treatment of a preventive character, of the persons or any class of persons employed in the industries or class or description of industries.


Complied


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(1) Regulations made under this section may require the medical surveillance to be carried out

by persons registered with the Director General, and may prescribe the qualifications and other conditions which are to be satisfied in order to be registered for the purpose of this section.

(2) A person who contravenes the provisions of this section or any regulation made thereunder

shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Section 29. Safety and health officer (1) This section shall apply to such class or description of industries 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 thereunder 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, be 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.

(6) A person 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 imprisonment for a term not exceeding six months or to both.

Management


Complied


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Section 30. Establishment of safety and health committee at place of work (1) Every employer shall establish a safety and health committee at the place of work in accordance with this section if- (a) there are forty or more persons employed at the place of work; or (b) the Director General directs the establishment of such a committee at the place of work. .

Management

Representative and

Head of Department

Complied

Section 31. Function of safety and health committee The safety and health committee established at a place of work pursuant to section 30 –

(a) shall keep under review the measures taken to ensure the safety and health of persons at the place of work;

(b) shall investigate any matter at the place of work –

(i) which a member of the committee or person employed thereat considers is not safe or is a risk to health ; and

(ii) which has been brought to the attention of the employer;

(a) shall attempt to resolve any matter referred to in paragraph (b) and, if it is unable to do so, shall request the Director General to undertake and inspection of the place of work for that purpose; and

(b) shall have such other functions as may be prescribed.

Management


Complied

Section 46. Employer, etc. to assist officer The owner or occupier of, or employer at, any place of work and the agent or 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.

Management

Representative and

Head of Department

Complied


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Section 47. Offences in relation to inspection A person who –

(a) refuses access to a place of work to an officer or a person assisting him;

(b) obstructs the officer in the exercise of his powers under this Act or any regulation made thereunder, or induces or attempts to induce any other person to do so;

(c) fails to produce any document required under this Act by the officer;

(d) conceals the location or existence of any other person or any plant or substance from the

officer;

(e) prevents or attempts to prevent any other person from assisting the officer; or

(f) in any other way, hinders, impedes or opposes the officer in the exercise of his powers under this Act or any regulation made thereunder,

shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Management

Representative and

Head of Department

Complied

Section 49. Penalty for failure to comply with notice (1) A person to whom an improvement or a prohibition notice is issued under section 48 must

comply with the same notwithstanding that an appeal against its issuance has been lodged.

(2) A person who without reasonable excuse fails to comply with any improvement or prohibition notice issued under section 48 shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both, and to a further fine of five hundred ringgit for each day during which the offence continues.

Management

Representative and

Head of Department

Complied


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Section 50. Aggrieved person may appeal (1) A person who is aggrieved by a noticed issued by an officer under section 48 may, within

thirty days from the date of such notice, appeal to the Director General who may, after considering the appeal, by order in writing confirm, revoke or vary the notice.

(2) A person who is aggrieved with decision of the Director General made under subsection (1)

may, within thirty days from the date of the decision, appeal to an appeal committee appointed by the Minister under section 63.

(3) Where an improvement or a prohibition notice is issued by the Director General or the Deputy

General in the exercise of the powers conferred under section 48, the appeal shall be made to an appeal committee appointed by the Minister under section 63.

Management

Representative and

Head of Department

Complied

PART XIII : LIABILITY FOR OFFENCES Section 51. General penalty A person who by any act or omission contravenes any provision of this Act or any regulation made thereunder shall be guilty of an offence, and if no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of a continuing offence, to a fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction.

Management

Representative and

Head of Department

Complied


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Section 52. Offences committed by body corporate (1) Where a body corporate contravenes any provision of this Act or any regulation made thereunder, 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 or severally, and every such director, manager, secretary or other like officer of the body corporate shall be deemed to be guilty of the offence. (2) A person may be proceeded against and convicted under the provision of subsection (1) whether or not the corporation has been proceeded against or has been convicted under that provision.

Management

Representative and

Head of Department

Complied

Section 54. Offences committed by agent A person who would be liable under this Act or any regulation made thereunder 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.

Management

Representative and

Head of Department

Complied

PART XV : MISCELLANEOUS Section 67. Duty to keep secret (1) Save for an inquiry under this Act or in any court proceedings relating to the commission of

an offence under this Act or any regulation made thereunder, no person shall disclose any matter including any manufacturing or commercial secret which has come to his knowledge or which he has acquired while performing his duties under this Act.

(2) A person who contravenes the provision of this section shall be guilty of an offence and shall,

on conviction for a term not exceeding two years or to both.

Management

Representative and

Head of Department

Complied


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2. Occupational Safety and Health (Safety and Health Committee) Regulations 1996


COMPLIANCE

PART I Regulations 4. Duties of the employer It Shall be the duty of an employer

(a) to comply with Parts II and III of these regulations (b) To ensure that part IV and V of these regulations are complied with.


Complied

PART II : COMPOSITION OF SAFETY AND HEALTH COMMITTEE Regulation 5. Membership of the committee (1) A safety and health committee shall consist of -

(a) a chairman; (b) a secretary; (c) representatives of employer; and (d) representatives of employees.

(2) Where there are one hundred persons or less employed at a place of work, there shall not be less than two representatives each from the employees and the management on the committee; and where there are more than one hundred persons employed at the place of work, there shall be less than four representatives each from the employees and the management.

Management

Representative and

Head of Department

Complied


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Regulation 6. Appointment of chairman and secretary of committee (1) An employer or his authorized manager shall be the chairman of a safety and health committee. (2) The secretary of the committee shall be the person who is employed as the safety and health officer at the place of work. (3) Where there is no person employed as a safety and health officer at the place of work, the chairman may appoint another person to act as the secretary of the committee or the members may, by ballot, appoint from amongst themselves the secretary of the committee.

Management

Representative and

Head of Department

Complied

Regulation 7. Appointment of other members of committee (1) An employer shall invite persons employed at the place of work to nominate their representatives to the safety and health committee; and where the number of persons so nominated exceeds the number of vacancies available, a ballot shall be held to determine the representatives. (2) In the case where no representative or an insufficient number of representatives of the employees are nominated, the employer shall appoint the required number of persons to represent the employees in compliance with regulation 5. (3) An employer shall not penalize a member of the committee in any manner for being absent from his normal duties at work while carrying out the functions of the committee.

Management


Complied

Regulation 8. Adequate employee representation The representatives of employees in a safety and health committee shall be able to represent the various sections of a place of work in order to maintain and develop the employees’ interest in establishing a safe and healthy working condition at the place of work.

Management


Complied


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Regulation 9. Vacancy If a vacancy occurs amongst the members of a safety and health committee, the vacancy shall be filled by a person appointed in the same manner as the previous member of the committee whose resignation or otherwise has created the vacancy.

Management


Complied

Regulation 10 : Removal of member of the committee A safety and health committee may remove a member from the committee if (a) He fails to attend three consecutives meeting of the committee without leave of the chairman (b) He has been found or declared to be of unsound mind (c) he becomes bankrupt (d) as a representatives of employee, he is no longer employed at the place of work (e) there has been proved against him, or he has been convicted on, a charge in respect of

(i) an offence involve fraud, dishonesty or moral turpitude (ii) an offence under a law relating to Occupational safety and health or (iii) any other criminal offence

(f) he is otherwise unable or incapable of discharging his duties as a member of the committee

Management


Complied


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PART III : FUNCTIONS OF SAFETY AND HEALTH COMMITTEE Regulation 11. Functions of committee The safety and health committee of a place of work shall –

(a) assist in the development of safety and health rules and safe systems of work; (b) review the effectiveness of safety and health programmes; (c) carry out studies on the trends of accident, near-miss or occupational disease which

occurs at the place of work, and shall report to the employer of any unsafe or unhealthy condition or practices at the place of work together with recommendations for corrective actions; and

(d) review the safety and health policies at the place of work and make recommendations to the employer for any revision of such policies.


Complied

Regulation 12. Inspection of place of work A safety and health committee shall –

(a) inspect the place of work at least once in every three months to ascertain if there is anything prejudicial to the safety and health of persons employed therein : Provided that the committee may, at any time, make further inspections of any plant therein or any part of the place of work to check on the effectiveness of the measures taken to ensure the safety and health of persons at the place of work;

(b) discuss as soon as is practicable the observation of the members of the committee made during the inspection of the place of the work and if there are circumstances at the work of which in the opinion of the committee are prejudicial to the safety and health of any person employed therein shall record the details of such circumstances in report kept for such purposes

(c) make recommendation to the employer on the remedial measures to be taken on any other matter prejudicial to the safety and health of person at the place of work and shall record such recommendation in the report

Management

Representative and

Head of Department

Complied


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Regulation 13. Investigation into any accident, etc. (1) A safety and health committee shall inspect the place of work, as soon as it is safe to do so,

after any accident, near-miss accident, dangerous occurrence, occupational poisoning or occupational disease has occurred at the place of work.

(2) Where a person is employed as a safety and health officer he shall furnish the chairman of the committee with a report of his finding subsequent to an investigation conducted by him into any accident, near miss accident, dangerous occurrence, occupational poisoning or occupational disease which has occurred at the place of work and the chairman shall as soon as is practicable convene a meeting of the committee to discuss the report

(3) Where no safety and health officer is employed at the place of work, the employer or his authorized manager shall forthwith inform the chairman of the secretary of the committee of any accidents, near miss accidents dangerous occurrence occupational poisoning or occupational disease which has occurred at the place of work and the chairman or secretary shall as soon as it practicable, after the committee has inspected the place of work convene a meeting to investigate into such accident

(4) At the meeting of the committee convene under subregulations (2) or (3) the committee shall discuss the cause of the accidents, near miss accident dangerous occurrence occupational poisoning or occupational disease and make recommendation to the employer of the measure to be taken to prevent the reoccurrence of such incidents

Management


Complied


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Regulation 14. Action to be taken on report and recommendation of committee (1) A safety and health officer, or, if no person is appointed as such, the chairman, shall upon a report or recommendations being made under paragraph 12 (c) or subregulation 13 (4), furnish the same to the employer or his authorized manager. 2) An employer or his authorized manager shall, as soon as is practicable, upon receiving the report or recommendations under subregulation (1), discuss the report or recommendations with the safety and health officer or the chairman, as the case may be, and the safety and health officer or the chairman shall record in the report the employer’s or his authorized manager’s decision thereon and shall direct any person employed at the place of work to take such action as the employer or his authorized manager deems necessary in the interest of the safety and health of persons employed therein. (3) An employer shall keep a copy of the report in the place of work for a minimum period of seven years.

Management


Complied

Regulation 15. Matters to be considered by committee A safety and health committee, when performing its functions, shall take into consideration the following :

(a) any other reports apart from those under regulation 14 which may be submitted by a safety and health officer;

(b) the safety audits submitted by safety and health auditors; (c) the reports and factual information provided by occupational safety and health officers;

and (d) the reports by other government agencies on matters pertaining to safety at place of work.

Management


Complied


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Regulation 16. Investigation of complaint (1) An employer shall provide and maintain a system of communication to enable any of his

employees to make a complaint on any matter prejudicial to the safety and health of persons at the place of work.

(2) An employer, upon receiving a complaint under subregulation (1), shall, as soon as is practicable, attend to the complaint and shall take immediate measures to eliminate or minimize the risk to safety or health at the place of work.

(3) Where an employer is unable to discharge his duties under subregulation (2), the employer

may make a similar complaint, or the employer may refer the matter, to the committee. (4) The committee shall, upon a complaint being made or matter being referred to under

subregulation (3), investigate the matter and shall thereafter prepare a report and make recommendations to the employer on the ways of eliminating or minimizing the risk to safety or health at the place of work.

Management


Complied

Regulation 17. Resolution of complaint (1) An employer shall, as soon as is practicable, implement every recommendation made under subregulation 16(4), and if for any reason he or his authorized manager is unable to implement any of the recommendations, he shall convey his reason to the safety and health committee. (2) If the committee does not agree with any of the reasons given by the employer or his authorized manager under subregulation (1), the committee shall make a request to the Director General to undertake an inspection of the place of work and to resolve the matter. (3) For purpose of a request made under subregulation (2), the committee shall submit to the Director General in duplicate the following :

(a) the inspection or investigation report; (b) the recommendations of the committee to the employer; and (c) any other documentary or material evidence pertaining to the complaint.

Management


Complied


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Regulation 18. Assistance of Committee A safety and health committee shall assist and employer in any competition in connection with safety and health, talks on safety and health and any other activities which is held to promote a safe conduct of work at the place of work

Management


Complied

Regulation 19. Rules on safety and health (1) An employer of a place of work shall, in consultancy with a safety and health committee, prepare and promote rules on safety and health which will ensure the safety and health of persons employed at the place of work for the guidance of such persons. (2) The rules may with the approval of the employer be amended, varied or rescinded by the committee. (3) The employer of the place of work shall furnish to each of his employees a copy of the rules. (4) An occupational safety and health officer shall be given a copy of the rules when so requested.

Management


Complied

Regulation 20. Sub-committee A safety and health committee may from a sub-committee to assist the committee in the performance of its functions.

Management


Complied


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PART IV : MEETING OF SAFETY AND HEALTH COMMITTEE Regulation 21. Frequency of meetings of committee (1) Safety and health committee shall meet as often as may be necessary commensurate with the risks attendant on the nature of work at the place of work but shall not meet less than once in three months. (2) Every member of the committee shall be given reasonable notice in writing of any meeting of the committee together with a copy of the agenda for the meeting attached to such notice (3) Not withstanding subregulation (2) a meeting shall be call immediately in the event of an accident which result in loss of life or serious bodily injury to any person, a near miss accident a dangerous occurrence or any other situation which call for immediate attention in order to ensure the safety and health of employees at the place of work

Management

Representative and

Head of Department

Complied

Regulation 22 Duty to provide facilities A employer of a place of work shall (a) provide a suitable place at the place of work for the safety and health committee to hold its meeting and (b) permit every member of the committee to attend such meeting during working hours

Management


Complied

Regulation 23 Inaugural Meeting (1) an inaugural meeting of a safety and health committee shall be convened by the employer of

the place of work (2) (2) at the inaugural meeting the employer shall make known his safety and health policies

plans and proposal to establish a safe and healthy working condition the place of work (3) Safe for subregulation (1) and employer may appoint his autorise manager to chair a meeting

of the committee in his absence

Management


Complied


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Regulation 24. Quorum At every meeting of a safety and health committee the chairman, the secretary and not less than half of the remaining members present shall constitute a quorum.

Management


Complied

Regulation 25 Non member may attend meeting (1) a safety and health committee may invite any person who is involve in or has knowledge of

any accidents near miss accident dangerous occurrence occupational poisoning or occupational disease which has occurred at the place of work to attend any meeting of the committee during which such incident shall be discussed

(2) The committee may invite any other person to any of its meeting to discussed any matter pertaining to occupational safety and health

Management


Complied

Regulation 26 Matters to be discussed at meeting Only matter relating to safety and health at the place of work shall be discussed at any meeting of a safety and health committee

Management


Complied

Regulation 27. Minutes of meeting (1) A copy of the minutes of every meeting of a safety and health committee shall be furnished

to every member of the committee and the employer of the place of work within two weeks after the meeting has taken place.

(2) The employer shall keep a copy of the minutes of the meeting of the committee at the place of work for a minimum period of seven years for purposes of inspection by an occupational safety and health officer.

(3) An occupational safety and health officer may at any time require for a copy of such minutes to be furnish to him and the employer of the place of work shall forthwith comply with such requirement

Management

Representative

Complied


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Regulation 28. Duty to ensure basic knowledge and functions of committee An employer of a place of work shall take such steps as are necessary to ensure that members of the safety and health committee have a basis understanding and knowledge of the functions of the committee under this Act.

Management


Complied

Regulation 29. Duty to provide educate training An employer shall take such steps as are reasonably practicable to provide the members of the safety and health committee with educate training in occupational safety and health so as to enable them to perform the function of the committee effectively

Management


Complied


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Regulation 30. Duty to make available relevant document and information An employer shall make available to a safety and health committee the following documents and information :

(a) the Act and all subsidiary legislations made under the Act;

(b) Industry code of practice and guide line relating to the elimination of risk to safety and health associated with the nature of work carried out a the place of work, and such other relevant codes of practice

(c) Information about safety plans and their implementation and any propose changes to the safety plans affecting the safety and health employee

(d) industry codes of practice and guidelines relating to the elimination of risks to safety and

health associated with the nature of work carried out at the place of work, and such other relevant codes of practice;

(e) information about safety plans and their implementation, and any proposed changes to

the safety plans affecting the safety and health of employees;

(f) technical information about safety and health hazards and the precautions necessary to eliminate or minimize them;

(g) information about operation procedures, system of work, and substances for use at work

and other relevant data pertaining to safety and health; and

any other information as directed by the Director General from time to time.

Management


Complied

Regulation 32. Penalty A person who by any act or omission contravenes any of the provisions of these Regulations shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Management


Complied


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3. Occupational Safety and Health (Safety and Health Officer) Order 1997


COMPLIANCE

Class or description of industries required to employ safety and health officer a) Building operation where the contract price exceeds RM20 million

b) Work of engineering construction where the contract price exceeds where the contract price exceeds RM20 million

c) Any ship building employing at the peak of work over 100 employers

d) Any gas processing activity or petrochemical industries employing over 100 employee

e) Any chemical or allied industry employing over 100 employees

f) Any boiler or pressure vessel activity employing over 100 employees

g) Any boiler or pressure vessel activity

h) Any metal industry where canning or stamping or blanking or shearing or bending operations and employing over 100 employees

i) Any wood working industry where there is cutting or sawing or planning or moulding or sanding or peeling or any combination of the above, and employing combination of the above, and employing over 100 employees

j) Any cement manufacturing activity employing over 100 employees

k) Any other manufacturing activity other than specified in f) – i), employing over 500 employees

Management


Complied


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4. Occupational Safety and Health (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and

Occupational Disease) Regulations 2004


COMPLIANCE

PART II : NOTIFICATION & REPORTING OF ACCIDENT, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING & OCCUPTIONAL DISEASE Regulation 4 Exemption from Part II For the purpose of this part reporting of any death, injury or condition of a person shall not apply to patient when undergoing treatment in a hospital or surgery by doctor or dentist


Complied

Regulation 5. Notification & reporting of accident & dangerous occurrence (1) Whenever any accident arising out of or in connection with work which caused any person either -

(a) death; or (b) serious bodily injury, as specified in First Schedule, which prevents the person from

following his normal occupational for more than four calendar days, or where a dangerous occurrence, as specified in Second Schedule, takes place in any place of work, the employer shall –

(i) forthwith notify the nearest Department of Occupational Safety & Health office by the quickest means available; and

(ii) within 7 days send a report thereof in an approved form. (2) Whenever any accident arising out of or in connection with work which causes bodily injury to any person which prevents the person from following his normal occupation for more than four calendar days, the employer shall, within 7 days, send a report thereof in an approved form from the Department of Occupational Safety & Health office.

Management


Complied


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(3) Where an employee, as a result of an accident arising out of or in connection with work, has suffered an injury or condition reportable under subregulation (1) which causes death within one year of the date of that accident, the employer shall inform the Director General in writing of the death as soon as it comes to his knowledge, whether or not the accident has been reported under subregulation (1).

Regulation 6 Exemption from requirement of regulation 5 to self-employed persons Paragraph 5(I)(ii)shall not apply to a self-employed person who is injured at premises of which he is the owner or occupier but paragraph 5(I)(ii) shall apply to such self-employed person (other than in the case of death) and it shall be sufficient compliance with the regulation if the self-employed person makes arrangements for the report to be sent to the Department of Occupational safety and Health office by some other person.

Management


Complied

Regulation 7. Reporting of cases of occupational poisoning & occupational disease (1) Where a person at work suffers or likely to suffer from one of the occupational poisonings or occupational diseases specified in column 1 of Third Schedule and the work involves one of the activities specified in the corresponding entry in column 2 of that schedule, the employer shall, within 7 days, send a report thereof to the nearest Department of Occupational Safety & Health office in an approved form. (2) Every registered medical practitioner or medical officer attending to, or called in to visit, a patient he believes to be suffering from any of the occupational poisoning or occupational disease listed in Third Schedule, shall within 7 days report the matter to the Director General in a approved form and at the same time, notify the employer whom the patient states is his employer.

Management


Complied


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Regulation 8 Exemption from requirement of regulation 7 to self-employed persons Sub regulation 7 (I) shall not apply to a self-employed person unless that person has been informed by a registered medical practitioner or medical officer that he is suffering from a poisoning or a disease so specified and it shall be sufficient compliance with subregulation 7(I) if that person makes arrangements for the report to be sent to Department of Occupational Safety and health office by some other person within 7 days of the date he is being informed by the registered medical practitioner or medical officer

Management


Complied

PART III : NO INTERFERENCE AT ACCIDENT OR DANGEROUS OCCURRENCE SCENE Regulation 9. No interference at accident or dangerous occurrence scene Where the accident or dangerous occurrence causes the death of any person or serious bodily injury to any person or serious damage and dangerous to plant or other property, no person shall, unless authorized to do so, remove or in any way interfere with or disturb any plant, substance, article or thing related to the incident except to the extend necessary to –

(a) save the life of, prevent injury to, or relieve the suffering of any person; (b) maintain the access of the general public to an essential service or utility; or (c) prevent further damage to or serious loss of property or environment.


Complied


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PART IV : MAINTENANCE OF ALL RECORDS OF ACCIDENT, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING & OCCUPATIONAL DISEASE Regulation 10. Records (1) Every employer and self-employed person shall record and maintain a register, in an approved form, of -

(a) all accidents and dangerous occurrences which have occurred; or (b) all occupational poisonings or occupational diseases which have occurred or likely to

occur, arising out of or in connection with work under his control, whether or not the accidents, dangerous occurrences, occupational poisonings and occupational diseases have been reported under subregulation 5(1) or 7(1).


Complied

PART V : MISCELLANEOUS Regulation 13. Penalty Any person who contravenes any provision of these Regulations, commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.


Complied


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5. Factories and Machinery Act 1967


COMPLIANCE

Section 10. Provisions relating to safety, etc Without prejudice to any law with respect to local authorities, in respect of any factory, the following provisions relating to safety shall apply:

a) Foundations and floors shall be of sufficient strength to sustain the loads for which they are designed; and no foundation or floor shall be overload

b) Roofs shall be of sufficient strength to carry where necessary suspended loads; c) All floors, working levels, platforms, deck, stairways, passages, gangways, ladders and

steps shall be of safe construction so as to prevent a risk of collapse, and shall be properly maintained and kept, as far as reasonably practicable, free from any loose material and in a non-slippery condition.

d) such means as are reasonably practicable shall be provided, maintained, and used so as to ensure safe access to any place at which any person has at any time to work;

e) every opening, sump, pit or fixed vessel in a floor, or working level shall be securely covered or securely fenced so as to prevent risk of persons falling; and

f) all goods, articles and substances which are stored or stacked shall be so placed or stacked –

a. in such manner as will best ensure stability and prevent any collapse of the goods, articles or substances or their supports; and

b. in such a manner as not to interfere with the adequate distribution of light, adequate ventilation, proper operation of machinery, the unobstructed use of passageways or gangways and the efficient functioning or use of fire-fighting equipment.

Management


Complied


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Section 11. Persons exposed to explosive, inflammable, etc., substances In every factory in which persons are exposed to risk of bodily injury from explosive, inflammable, poisonous or corrosive substances or ionizing radiations, such measures as may be prescribed shall be taken as will eliminate the risk.

Management


Complied

Section 12. Lifting of weights No person shall be employed to lost, carry or move any load so heavy as to be likely to cause bodily injury to him.

Management

Representative and

Head of Department

Complied

Section 13. Provisions against fire Without to any law with respect to local authorities, in every factory there shall be taken such precautions against fire, and there shall be provided and maintained, such means of escape in case of fire other than means of exit in ordinary use, and such means of extinguishing fire as may be prescribed.

Management


Complied

Section 15. Dangerous parts of machinery Every dangerous parts of any machinery shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on or entering into the premises as it would be if securely fenced : Provided that so far as the safety of a dangerous part of any machinery cannot be reason of the nature of the operation be secured by means of a fixed guard the requirements of this section shall be to have been complied with if a device is provided which automatically prevents the operator from coming or being brought into contact with that part.

Management


Complied


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Section 16. Projecting material In respect of such machinery as may be prescribed, any part of any material carried by that machinery while it is working thereon which projects beyond any part of the machinery shall be effectively fenced unless it is in such a position as to be safe to any person employed or working on or entering into premises.

Management


Complied

Section 19 : Certificate of fitness (1) No person shall operate or cause or permit to be operated any machinery in respect of which a certificate of fitness is prescribed, unless there is in force in relation to the operation of the machinery a valid certificate of fitness issued under this Act. (2) In the case of any contravention of subsection (1) and Inspector shall forthwith serve upon the person aforesaid a notice in writing prohibiting the operation of the machinery or may render the machinery inoperative until such time as a valid certificate of fitness is issued. (3) Certificates of fitness issued under this Act shall be in the forms respectively prescribed, and shall be valid subject to this Act, for such period as may be prescribed.

Management


Complied

Section 20. Duties of persons employed (1) No person employed in any factory or in any place where any machinery is installed shall willfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuant of this Act for securing the safety, health or welfare of the persons employed in the factory or the place where the machinery is installed; and when any means or appliance for securing safety, health or welfare is provided for the use of the person under this Act, he shall make use of such means or such appliance. (2) No person employed in any factory or in any place where any machinery is installed shall willfully and without reasonable cause act in any manner so as to cause or to be likely to cause bodily injury to himself or other persons or damage to any machinery or other property.

Management


Complied


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Section 21. Duties of occupier The occupier shall at all times maintain all safety appliances and machinery.

Management


Complied

Section 22. Provisions relating to health (1) Without prejudice to any law relating to public health, in respect of any factory the following provisions relating to health of persons shall apply :

(a) every factory shall kept in a clean state and free from offensive effluvia arising from any drain, sanitary convenience or other source and shall be cleaned at such times and by such methods as may be prescribed and these methods may include lime-washing or colour washing, painting, varnishing, disinfecting or de-odourising;

(b) the maximum number of persons employed at any one time in any work-room in any

factory shall be such that the amount of cubic feet of space and the superficial feet of floor area allowed in the work-room for each such person are not less than the amount of cubic feet of space and the superficial feet of floor area prescribed either generally or for the particular class of work carried on in the work-room;

(c) (i) effective and suitable provision shall be made for securing and maintaining adequate

ventilation by the circulation of fresh air in every part of a factory and for rendering harmless, so far as practicable, all gases, fumes, dust and other impurities that may be injurious to health arising in the course of any process or work carried on in a factory;

(d) (i) effective and suitable provision shall be made for securing and maintaining such

temperature as will ensure to any person employed in a factory reasonable conditions of comfort and prevention from bodily injury;

(e) (i) effective provision shall be made for securing and maintaining sufficient and suitable

lighting, whether natural or artificial, in every part of a factory in which persons are working or passing.

Management

Representative and

Head of Department

Complied


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Section 24. Personal protective clothing and appliances Where in any factory persons are exposed to a wet or dusty process, to noise, to heat or to any poisonous, corrosive or other injuries substance which is liable to cause bodily injury to those persons the Minister may prescribe the provision and maintenance for use of those persons suitable and adequate personal protective clothing and appliances including where necessary goggles, gloves, leggings, caps, foot-wear and protective ointment or lotion.

Management

Representative and

Head of Department

Complied

Section 25. Provisions relating to welfare (1) In respect of any factory, the following provisions relating to welfare of persons shall apply:

(a) there shall be provided and maintained for the use of persons employed therein – (i) adequate and suitable accommodation for clothing not worn during working

hours.

(b) there shall be provided and maintained at suitable places reasonably accessible to all persons employed therein –

(i) an adequate supply of safe and wholesome drinking water; and (ii) adequate and suitable facilities for washing which shall be kept in a clean

condition; and

(c) there shall be provided and maintained so as to be readily accessible a first-aid box or cupboard of the prescribed standard and when more than one hundred and fifty persons are employed at any one time a suitable first-aid room of the prescribed standard shall also be provided and maintained.

Management

Representative and

Head of Department

Complied


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PART III : PERSONS IN CHARGE AND CERTIFICATES OF COMPETENCY Section 26. Training and supervision of inexperienced workers No person shall be employed at any machine or in any process, being a machine or process liable to cause bodily injury, unless he has been fully instructed as to the dangers likely to arise in connection therewith and the precautions to be observed, and –

(a) has received sufficient instruction in work at the machine or process; or (b) is under adequate supervision by a person who has knowledge and experience of the

machine or process.

Management

Representative and

Head of Department

Complied

Section 28. Young persons (1) No young person shall carry out work involving the management of, or attendance on, or proximately to, any machinery. (2) It shall be the duty of the owner or occupier to ensure that subsection (1) is observed. (3) Subsection (1) shall not apply to a young person not being under the age of fourteen years receiving a course of instruction at a Government technical school or other educational institution or not being under the age of fifteen years if serving a recognized apprenticeship. (4) An Inspector may require an owner or occupier to make suitable and effective arrangements to prevent the ingress of young persons into purposes in which case all possible precautions shall be taken to ensure the safety of young persons.

Management

Representative and

Head of Department

Complied

Section 29. Certain machinery not to be operated without certificated staff (3) Every person holding a certificate of competency issued under this Act shall produce and permit inspection of the same whenever called upon to do so by an Inspector.

Management

Representative and

Head of Department

Complied


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PART IV : NOTIFICATION OF ACCIDENT, DANGEROUS OCCURRENCE AND DANGEROUS DISEASES Section 31. Accidents and dangerous occurrence to be reported Whenever any accident which either –

(a) causes loss of life to any person; (b) causes bodily injury to any person so that the person is prevented from following his

normal occupation for more than four days; or

(c) causes serious damage to machinery or other property, or any dangerous occurrence takes place in any factory or in connection with any machinery, the occupier shall report the accident or dangerous occurrence to the nearest Inspector by the quickest means available and subsequently with at least possible delay report in writing to the Inspector in the prescribed form the facts of the matter so far as they are known to him.

Management

Representative and

Head of Department

Complied

Section 32. Notification of industrial diseases Every registered medical practitioner attending on, or called in to visit, a patient whom he believes to be suffering from any of the diseases named in the Third Schedule and contracted in a factory shall, unless such notice has been previously sent –

(a) forthwith send to the Chief Inspector a notice stating the name and location of the factory in which the patient states he is or was last employed, the name and full postal address of the patient and the disease from which, in the opinion of the registered medical practitioner, the patient is suffering; and

(b) at the same time send a copy of the notice to the occupier of the factory in which the

patient states he is or was last employed.

Management

Representative and

Head of Department

Complied


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Section 33. Investigation and enquiries (3) Where the accident or dangerous occurrence referred to in section 31 causes the death of any person or serious bodily injury to any person or serious damage to machinery or other property, no alterations or additional shall, without the consent of an Inspector in writing, be made to any machinery which may have caused such accident or dangerous occurrence nor shall any alterations be made without such consent to the site of the accident or dangerous occurrence until an Inspector has completed his investigation : Provided that nothing herein contained shall operate to interfere with rescue work or work necessary for the general safety of life or property.

Management

Representative and

Head of Department

Complied

Section 34. Operation of factory (1) Every person who at the commencement of this Act occupies or uses any premises as a factory shall -

(a) within three months of the date submit to the Chief Inspector such particulars as may be prescribed;

within six months of being required so to do by the Chief Inspector submit such further particulars as may be prescribed

Management

Representative and

Head of Department

Complied

Section 36. Installation of machinery, etc. (1) No person shall install or cause to be installed any machinery except with the written approval of the Inspector and for the purpose of obtaining the approval there shall be submitted to the Inspector such particulars as may be prescribed. (3) Written notice in the prescribed form shall be served on the Inspector before any machinery other than machinery in respect of which a certificate of fitness is prescribed or which is specified in any written notice served on the Inspector pursuant to section 34 is first used in a factory and no such machinery shall, except with the written permission of the Inspector, be used until the expiry of one month after the service of written notice under this subsection.

Management


Complied


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Section 37. Application for registration Every person who comes into possession of any machinery in respect of which a certificate of fitness is prescribed, shall send to the Inspector such particulars in such manner as may be prescribed.

Management

Representative and

Head of Department

Complied

Section 38. Register (1) There shall be kept in every factory a register in the prescribed form to be called the general and there shall be entered on or attached to that register all such particulars as may be prescribed. (2) The occupier of every factory shall send to an Inspector such extracts from the general register as the Inspector may from time to time require for the purpose of the execution of his duties under this Act. (3) The general register and every other register or record or certificate kept in pursuance of this Act shall be preserved and shall be kept available for inspection by any Inspector for at least two years or such other period s may be prescribed for any class or description of register or record, after the date of the last entry in the register or record.

Management

Representative and

Head of Department

Complied

Section 39. Moving or alteration of or additional to machinery to be approved (2) The occupier of the factory shall notify the Inspector in writing as soon as the moving, alteration or addition referred to in subsection (1) has been completed.

Management

Representative and

Head of Department

Complied

Section 42. Report of changes, etc. It shall be the duty of the occupier of any factory to report to the Inspector any structural change in the factory or any change in the name of the factory or the nature of work carried on therein.

Management


Complied


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Section 43. Machinery or factory no longer in use It shall be the duty of any occupier who ceases to use any premises as a factory or any machinery to notify an Inspector of the cessation within thirty days thereof.

Management

Representative and

Head of Department

Complied

Section 57. Medical supervision Where it appears to the Minister that in any factory or class or description of factory –

(a) cases of illness have occurred which he has reason to believe may be due to the nature of the process or other conditions of work;

(b) there may be risk of injury to the health of persons employed in any process; or (c) persons below the age of eighteen years are, or are about to be, employed in work which

may cause risk of injury to health, He may make regulations requiring arrangements to be made for the medical supervision of or the provision of medical treatment of a preventive character for persons, or any class of persons, employed at the factory or class or description of factory as may be specified in the regulations.

Management

Representative and

Head of Department

Complied


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6. Electricity Supply Act 1990


COMPLIANCE

License required for use of installation: terms, condition and content of license.

(1) Subject to such exemptions as maybe prescribed, no person, other than a supply authority ,shall- (a) use, work or operate or permit to be used, worked or operated any installation: or (b) supply to or for the use of any other person energy from any installation, except

under and accordance with the terms of a license expressly authorizing the supply or use, as the case may be.

Licenses may be granted by the commission with the approval of the Minister upon payment of such fees upon and upon such condition as appear to be requisite or expedient having regard to the duties imposed by section 4.

(2) No license shall be capable of being transferred unless the written consent of the Minister has been given.

(3) License may be for such periods as the Commission may in each several case approved.

(4) Provided that no license shall without the express approval of the Minister be for a period exceeding twenty –one years

(5) The duration any license shall be set out therein. (6) Any license for a public installation shall set out-

(a) the area of supply; (b) the declared voltage and the variations permitted therefore; (c) the maximum charge payable by consumers; and (d) such other matters as the Commission may consider necessary.

Management


Complied


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(2A) The Commission may, heather a notice has been served or not, levy a surcharge for the late payment of fees due from a licensee to the Commission, at a rate of one per cent per month or part of a month on such fees or at any other rate as may be prescribed.

PART V: COMPETENT CONTROL.

23. Person in charge. (1) No installation or electrical plant equipment other than those owned or managed by a

supply authority shall be worked or operated except by or under the control persons possessing such qualifications and holding such certificates as may be prescribed, and no person not possessing the qualifications or holding a certificate as aforesaid shall be in charge or installation or shall control the operation of any electrical plant or equipment.

(2) Any person who contravenes his section shall be guilty of an offence and shall, on convicted, be liable to a fine not exceeding ten thousand ringed and if the contravention be continued, to a fine exceeding one thousand ringed for every day of part of a day during which the contravention is continued after convicted.


Complied

PART V: Installation to meet requirements. 23B. Installation to meet requirements No person shall use or operate any installation unless the installation unless the installation meets such requirements as may be prescribed in respect of the efficient use of electricity.


Complied


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23C. Equipment to meet requirements. No person shall manufacture, import, sell or offer for sale or lease any equipment unless the equipment meets such requirements as may be prescribed in respect of the efficient use of electricity.

Management


Complied


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7. Fire Services Act 1988


COMPLIANCE

Part IV : Fire Certificates Section 28. Requirement of fire certificate (1) Every designated premises shall require a fire certificate. (2) A fire certificate shall be renewable annually.


Complied

Section 33. Offence in relation to fire certificate Where there is no fire certificate in force in respect of any designated premises the owner of the premises shall be guilty of an offence.

Management

Representative and

Head of Department

Complied

Fire Services (Fire Certificate ) Regulations Regulation 1. Certain persons presumed to be occupiers 1C. Any person who, at the material time, is staying or occupying on a designated premises shall be presumed, until the contrary be proved, to be an occupier of such designated premises.


Complied

Regulation 2. Application of fire certificate 2. (1) An applicant for fire certificate in respect of designated premises shall be made in Form I of schedule A.

Management


Complied


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Regulation 4. Renewal of fire certificate (1) The applicant for the renewal of fire certificate shall be made not less than thirty days before

the date of expiry of the certificate. Provided further that no application for renewal shall be allowed if it is made after the expiry date of the fire certificate and the application shall make a fresh application as under regulation 2.

(2) An applicant for the renewal of a fire certificate shall- (a) make application in Form III of schedule A; (b) give particulars of any change to the premises; (c) give particulars of any change to the life safety, fire prevention, fire protection and

fire fighting facilities in the premises; and (d) supply such other relevant particulars or information as may be required by the

director-general.

Management


Complied

Regulation 5. Loss or destruction of fire certificate

(1) Where a fire certificate is lost or destroyed, the person to whom such certificate was issued shall within fourteen days of the date of the loss or destruction, as the case may be, notify Director-General in writing of the loss or destruction and applying for a replacement certificate.

(2) The person referred to in subregulation (1) shall submit a fee of fifty ringgit and shall furnish any information as may required by the Director-General.

(3) Any person who fails to notify the Director-General under subregulation (1) or to submit

the information required under subregulation (2) commits an offence.

Management


Complied


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Regulation 6. Exhibit of fire certificate

(1) The person to whom a fire certificate is issued shall exhibit the certificate at all times in a conspicuous position in any part of the premises to which the certificate relates and the certificate shall be kept available for inspection by an authorized officer who may demand the production of such certificate at the premises concerned at any time.

(2) Any person who contravenes subregulation (1) commits an offence.

Management


Complied


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8. Environmental Quality Act 1974

9. Environmental Quality (Scheduled Wastes) Regulations 2005

10. Environmental Quality (Sewage) Regulations 2009


COMPLIANCE

Land Contamination Environmental Quality Act, 1974 (Act 127)

Sect 21 – the Minister may specify acceptable conditions for the deposit of environmentally hazardous substances, pollutants or wastes

Sect 24 – restrictions on pollution of the soil, deemed to pollute soil if places in or on any soil or in any place where it may gain access to any soil, any matter whether liquid, solid or gaseous or establish condition that could interfere with underground water

Sect 34B – no person shall deposit scheduled wastes on land


Complied

Scheduled Waste Environmental Quality Act, 1974 (Act 127)

Sect 21 – the Minister may specify acceptable conditions for the deposit of wastes

Sect 24 – no person shall, unless licensed, pollute or cause or permit to be polluted any soil or surface of any land in contravention of the acceptable conditions specified under section 21


Complied


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Environmental Quality (Scheduled Wastes) Regulations, 2005

Reg 3 – notification of the generation of scheduled wastes within 30 days of its generation in the form as prescribed in the Second Schedule

Reg 4 – disposal of scheduled wastes at prescribed premises only

Reg 5 – treatment of schedule wastes at prescribe premises or on-site treatment facilities only.

Reg 6 – recovery of material or product from schedule wastes shall be done at prescribe premises or at on-site recovery facilities.

Reg 7 – application of special management of schedule waste.

Reg 8 – responsibility of waste generator to store and dispose of scheduled wastes properly at prescribed premises

Reg 9 – storage of scheduled wastes in durable containers which are able to prevent spillage or leakage of maximum 180 days provided that the accumulated scheduled wastes not exceed 20 metric tonnes and the Director General may at any time direct the waste generator to dispose the scheduled wastes.

Reg 10 – Containers of scheduled wastes shall be clearly labeled as specified in the Third Schedule and marked with the scheduled waste code as specified in the First Schedule.

Reg 11 – waste generator shall keep accurate and up-to-date inventory of scheduled wastes as per Fifth Schedule

Reg 12 – information to be provided by waste generator, contractor and occupier of prescribed premises as per Sixth Schedule (consignment note)

Reg 13 – scheduled wastes transported outside waste generator’s premises to be accompanied by information prepared by waste generator as per Seventh Schedule

Management


Complied


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Reg 14 – Spill or accidental discharge, provide technical expertise and supporting assistance in any cleans up and inform to DOE.

Reg 15 – conduct of training, shall ensure all his employee involved in the identification, handling, labeling, transportation, storage and spillage or discharge response of schedule waste attend training programmes.

Boundary Noise Environmental Quality Act, 1974 (Act 127)

Sect 21 – the Minister may specify acceptable conditions for the emission of noise.

Sect 23 – no person shall, unless licensed, emit or cause or permit to be emitted any noise greater in volume, intensity or quality in contravention of the acceptable conditions specified under section 21


Complied

Water Discharge Environmental Quality Act, 1974 (Act 127)

Sect 25 – No person shall unless licenced, emit, discharge or deposit any environmentally hazardous substances, pollutants or wastes into any inland waters in contravention of the acceptable conditions specified under section 21.

Sect 27 - No person shall, unless licenced, discharge or spill any oil mixture containing oil into Malaysian waters in contravention of the acceptable conditions specified under section 21.

Sect 29 - No person shall unless licenced, discharge environmentally hazardous substances, pollutants or wastes into Malaysian waters in contravention of the acceptable conditions specified under section 21.

Environmental Quality (Sewage) Regulations, 2009 Reg 3. Application - the regulation shall apply to any premises which discharge sewage onto or into any soil, or into any inland waters or Malaysians waters, other than any housing or commercial development or both having a population equivalent of less than 150.


Complied


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11. Factories and Machinery (Noise Exposure) Regulations 1989


COMPLIANCE

PART II : PERMISSIBLE EXPOSURE LIMIT Regulation 5. Permissible Exposure Limit

(1) No employee shall be exposed to noise level exceeding equivalent continuous sound level of 90 dB (A) or exceeding the limits specified in the First Schedule or exceeding the daily noise dose of unity.

(2) No employee shall be exposed to noise level exceeding 115 dB (A) at any time.


Complied

PART III : EXPOSURE MONITORING Regulation 8. General

(2) Every occupier shall conduct employee exposure monitoring to determine if any employee may be exposed to noise level at or above the action level.

Management

Representative and

Head of Department

Complied

Regulation 14. Approved equipment: Competent person to conduct monitoring.

(1) The occupier shall use approved noise measuring equipment for employee exposure monitoring.

(2) Employee exposure monitoring shall be conducted by a competent person.

Management

Representative and

Head of Department

Complied


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PART V : HEARING PROTECTION DEVICES Regulation 17. General.

(1) An occupier shall, at no cost to the employee, provide an approved hearing protection device to, and ensure its use by –

(a) an employee exposed to noise level at or above the limits prescribed in regulations 5 and 6; (b) an employee receiving a daily noise dose between 0.5 and 1.0 if his baseline audiogram shows a hearing impairment, or if his annual audiogram shows a standard threshold shift; or (c) an employee who is required to wear a hearing protection device in accordance with the provisions of these Regulations.

Management

Representative and

Head of Department

Complied


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PART VI : AUDIOMETRIC TESTING PROGRAMME Regulation 20. General.

(1) An occupier shall establish and maintain an audiometric testing programme for all employees exposed to noise level at or above the action level.

(2) The programme shall be conducted at no cost to the employees.

(3) The programme shall be conducted under the supervision of a registered medical practitioner.

(4) An audiometric test shall –

(a) be conducted by a technician under the supervision of a registered medical practitioner; (b) be preceded by a period of quiet of at least fourteen hours; (c) be carried out in a room with background noise level meeting the requirements specified in the Second Schedule; and (d) be of pure tone, air conduction, with test frequencies including 500, 1000, 2000, 3000, 4000 and 6000 Hz taken separately for each ear.

Management

Representative and

Head of Department

Complied


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PART VII : EMPLOYEE INFORMATION AND TRAINING Regulation 27. Training.

(1) The occupier shall institute a training programme for, and ensure the participation of all employees exposed to noise level at or above the action level.

(2) The occupier shall ensure that during the training programme each employee is informed of the following:

(a) the provisions of these Regulations; (b) the effects of noise on hearing; (c) the purpose of hearing protection devices, the advantages, disadvantages and attenuation of various types of hearing protection devices, and instructions on their selection, fitting, use and care; and (d) the purpose of an audiometric testing and an explanation of the test procedures.

(3) The training programme shall be repeated at least once in every two years.

Management

Representative and

Head of Department

Complied

PART VIII : WARNING SIGNS Regulation 28. Warning signs.

(1) Warning signs shall be posted at entrances to or on the periphery of all well-defined work areas in which workers may be exposed at or above the limits prescribed in regulations 5 and 6.

(2) The warning signs shall clearly indicate that the area is a high noise area and that hearing protection devices shall be worn.

Management

Representative and

Head of Department

Complied


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PART IX : RECORD KEEPING Regulation 29. Exposure monitoring records.

(1) The occupier shall establish and maintain an accurate record of all exposure monitoring conducted in pursuance to Part III of these Regulations.

(2) The record shall include the following information :

(a) the name of the employee and the daily noise dose; (b) the location, date and time of measurement and the noise level obtained; and (c) the type, model and date of calibration of the noise measuring equipment.

(3) The occupier shall maintain these exposure monitoring records for as long as the

employee is employed.

Management

Representative and

Head of Department

Complied

Regulation 30. Audiometric test records.

(3) Audiometric test records shall be retained for as long as the employee is employed and thereafter for a period of five years.

Management

Representative and

Head of Department

Complied


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12. Factories and Machinery (Safety, Health and Welfare) Regulations 1970


COMPLIANCE

Regulation 7. Access of place of work. (1) Clear and unobstructed space shall be provided and maintained at all machinery to enable

any work thereat to be performed without unnecessary risk, and to permit of free and ready access to any part necessitating regular operation, inspection, maintenance or removal.

(2) Where materials or goods or other articles are necessarily stacked between any machines or workbenches, clear aisles or gangways to such machines or workbenches shall be provided and maintained, and such aisles or gangways shall be clearly marked on the floor and no materials or goods or other articles shall be stacked on such aisles or gangways.


Complied

Regulation 8. Opening generally to be fenced. (1) Every hatchway, chute, pit and trap-door opening shall be-

(a) securely fenced by removable railings with toe boards on not more than two sides and permanent guard rails with toe-boards on all other exposed sides; or

(b) securely guarded by a flush-hinged floor opening cover of adequate strength, equipped with railings attached thereto so as to leave only one side exposed when the cover is open. When the opening is not in use the cover shall be closed or the exposed side guarded.

Management


Complied

Regulation 12. Working at a height. Where any person is required to work at a place from which he will be liable to fall a distance of more than ten feet, means shall be provided to ensure his safety and such means shall where practicable include the use of safety belts or ropes.

Management


Complied


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Regulation 16. Precaution against ignition.

(2) No person shall smoke in any room or cabinet in which volatile inflammable substances are

used or stored and there shall be posted in a conspicuous place in such room or cabinet a notice prohibiting smoking.

Management


Complied

Regulation 22. Fire fighting appliances.

In every factory there shall be provided and maintained, so as to readily accessible, means of extinguishing fires, which shall be adequate and suitable having regard to the nature of the processes carried on and the quantity and nature of the substances used.

Management


Complied

Regulation 23. Cleanliness.

(b) The floor of every factory shall be cleaned at least once every week by washing or, if it is effective and suitable, by regular sweeping or other method.

Management


Complied

Regulation 24. Space for each person.

(2) Every workroom shall not be less than ten feet in height measured from the floor to the lowest point of the ceiling or where there is no ceiling, to the lowest point of any cross beam thereof:

Management


Complied

Regulation 29. Lighting. In respect of every factory the following provisions relating to the lighting shall apply: (a) No person shall be required or permitted to work in any factory building where the means

of obtaining natural light is less than ten percent of the floor area thereof.

Management


Complied


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Regulation 32. Working, clothes, personal protective clothing and appliance.

Pursuant to section 24 of the Act relating to working clothes and personal protective clothing and appliances

Management


Complied

Regulation 33. Rest room for women.

(3) In every factory where fifteen or more women are employed at any one time, at least one rest and dressing room shall be provided for their exclusive use.

(4) Where less than fifteen women are employed at any one time and no rest room is available there shall be provided some equivalent space, properly screened and made suitable for the use of women employees.

Management


Complied


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Regulation 38. First aid.

(1) Any injured person shall at all times receive prompt first-aid treatment and such further medical attention as may be necessary.

(2) Pursuant to section 25 (1) (c) of the Act every first-aid box or cupboard shall-

(i) be equipped in accordance with the Fourth Schedule to these regulations; (ii) be clearly marked with a red cross on a white background; (iii) be kept locked and the key thereto kept by a responsible person available during all working hours; and (iv) be placed under the charge of a responsible person who shall, in the case of a factory where more than twenty persons are employed at any one time, be trained in first-aid treatment; and such responsible person shall always be readily available during working hours. A notice shall be affixed in prominent places in every factory stating the name of the responsible person.

(3) Nothing except appliances of requisites for first-aid shall be kept in a first-aid box, cupboard or room.

(4) The occupier of every factory shall be noticed immediately of any accident occurring in his factory.

Management


Complied


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13. Occupational Safety and Health (Classification, Labelling and Safety Data Sheet of Hazardous Chemicals) Regulations 2013


COMPLIANCE

PART II : CLASSIFICATION Regulation 4. Duty of principal supplier to classify chemical as hazardous chemical (1) Subject to subregulation (2), a principal supplier shall classify a chemical as a hazardous

chemical in accordance with the list of classified chemicals specified in Part 1 of the Industry Code of Practice.


Complied

PART III : PACKAGING Regulation 6. Packaging requirement of hazardous chemical

(1) A supplier shall ensure that a hazardous chemical is supplied in a packaging which satisfies

the following requirements:

(a) if the packaging is a container, the container shall be so designed and constructed so as

to ensure that the hazardous chemical cannot escape unless a safety device is fitted to the

container;

(b) the packaging and its fastening shall be strong and able to retain the hazardous chemical

to meet the normal stress and strain handling;

(c) the materials constituting the packaging and fastening shall not be susceptible to adverse

attack by the hazardous chemical or liable to form harmful or dangerous compounds with the

hazardous chemical; and

(d) if the packaging is a container fitted with replaceable fastening devices, the fastening

devices shall be so designed so as to ensure that the packaging may be repeatedly fastened

without the hazardous chemical escaping.


Complied


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Regulation 7. Seal of packaging

(1) A supplier shall ensure that every packaging of a hazardous chemical is initially closed with a seal in such a way that once the packaging is opened, the seal is broken and cannot be repaired.

Management


Complied

PART IV : LABELLING

Regulation 8. Duty to label packaging of hazardous chemical

(1) A supplier shall label every packaging of a hazardous chemical legibly and indelibly

containing the following information:

(a) the product identifier;

(b) the supplier identification;

(c) the signal word;

(d) the hazard statement;

(e) the hazard pictogram; and

(f) the precautionary statement.


Complied

Regulation 11. Dimension of label

(1) The dimension of a label on every packaging of a hazardous chemical under regulation 8

shall be as specified in the Fourth Schedule.

Management


Complied


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PART V : SAFETY DATA SHEET

Regulation 13. Duty to furnish Safety Data Sheet

(1) A supplier shall furnish a Safety Data Sheet to a chemical recipient for—

(a) each hazardous chemical supplied; and any chemical mixture containing hazardous

substance at the concentration exceeding the cut-off value of concentration for the

relevant hazard class as specified in the Fifth Schedule.


Complied


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


COMPLIANCE

PART IV : MISCELLANEOUS PROVISIONS Regulation 77. Maintenance.

(1) In respect of any steam boiler and unfired pressure vessel it shall be the responsibility of the owner, occupier, engineer or dredgemaster in charge thereof to ensure that-

(i) every safety valve, water gauge, pressure gauge and every other safety device fitted thereto is maintained; and (ii) the fusible metal of every fusible plug is renewed at intervals not greater than two years.


Complied

Regulation 82. Registration number plate.

The owner of every steam boiler and unfired pressure vessel under certificate of fitness shall provide a registration number plate which shall be affixed thereto in a suitable and prominent position and bear the Government registration number allocated by the Chief Inspector to such steam boiler and unfired pressure vessel.

Management


Complied


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


COMPLIANCE

PART II : CERTIFICATES OF FITNESS Regulation 10. Machinery requiring certificate of fitness.

(1) The owner of every steam boiler, unfired pressure vessel or hoisting machine other than a hoisting machine driven by manual power shall hold a valid certificate of fitness in respect thereof so long as such machinery remains in service.

(2) A certificate of fitness for every steam boiler, unfired pressure vessel and hoisting machine

shall be as Forms A, B and C in the Sixth Schedule to these regulations


Complied

PART III : INSPECTION Regulation 17. Preparation for regular inspection.

The occupier of any factory or owner of any machinery, if not the occupier, shall upon receipt of a notice of intended regular inspection ensure at the due date that such factory or machinery is prepared for inspection.


Complied

Regulation 22. Persons to be present at inspection. Any occupier, owner, engineer, dredgemaster or driver who is required by any notice of a regular or a supplementary inspection to be present at such inspection shall be present thereat and an occupier or owner shall advise and instruct his engineer, dredgemaster or driver, as the case may be, to attend such inspection where so required by any notice of inspection.

Management


Complied


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16. Factories and Machinery (Building Operations and Works of Engineering Construction) (Safety) Regulations 1986


COMPLIANCE

PART II : GENERAL PROVISIONS Regulation 16. Electrical Hazards. (1) Before work is begun, the employer shall ascertain by inquiry or direct observation, or by instruments, where any part of an electric power circuit, exposed or concealed, is so located that the performance of the work may bring any person, tool or machine into physical or electrical contact with it.


Complied

Regulation 26. Contractor Safety Supervisors. (1) Every contractor other than the main contractor in charge of worksite who employs more than twenty persons to carry out work on a worksite shall appoint a part-time contractor's safety supervisor, who shall spend at least five hours per week exclusively on safety supervision and a promoting the safe conduct of work generally by his employees.

Management


Complied


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PART X : SCAFFOLDS Regulation 73. Maintenance. (1) E very scaffold shall be properly maintained and every part thereof shall be kept so fixed, secured or placed in position as to prevent, as far as is practicable, accidental displacement. (2) No scaffold or part thereof shall be partly dismantled and allowed to remain in such a condition that it is capable of being used unless either-

(a) the scaffold continues to comply with these Regulations; or (b) a prominent warning notice in the national language indicating that the scaffold or part thereof is not to be used, is affixed near any point at which the scaffold or part, as the case maybe, is liable to be approached for the purpose of use


Complied


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17. Factories and Machinery (Electric Passenger and Goods Lift) Regulations 1970


COMPLIANCE

PART III : MAINTENANCE Regulation 31. Duties of The Owner. (1) The owner of every lift shall ensure that such lift is maintained. (2) For the purpose of complying with paragraph (1) of this regulation such owner shall enter into an agreement with an approved firm for the periodic examination and maintenance of such lift. For the purposes of this regulation, an approved firm means a firm which has satisfied the Chief Inspector that it employs persons suitably qualified and trained (hereinafter referred to as the competent person) and controls equipment and facilities to ensure a proper standard of lift examination, service and maintenance: Provided that such agreement shall not relieve the owner from the responsibility of maintaining the lift well enclosure where such enclosure forms an integral part of the building in which the lift is installed. (3) It shall be the duty of an owner to inform an Inspector of –

(a) the name and postal address of the approved firm; and (b) the date of commencement of such agreement; and (c) the date of expiry of such agreement.

(4) Such agreement shall be for a period of not less than one year, and shall state the name of the competent person employed by the approved firm who is to make such periodic examination and be responsible for such maintenance.


Complied


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(5) Such person shall thoroughly examine the lift at least once in every three months and cause the lift to be serviced and adjusted once in every month. (6) A register in respect of every lift in the form shown in the Second Schedule to these regulations shall be kept on the premises in which the lift is installed wherein shall be recorded –

(a) details of every examination, servicing and adjustment referred to in paragraph (5) of this regulation; (b) details of any repair to the lift considered necessary by the competent person and subsequently the date when such repair has been effected; (c) details of the breakage of any suspension rope, the failure of any part of the lift machine, over-speeding of the car whether or not safety gear functioned and any other occurrence resulting in the lift being immobilised; and (d) such other information as the Chief Inspector may from time to time direct.

(7) Such entries as are referred to in paragraph (6) of this regulation shall be made by the competent person within one week after the event to which it relates. (8) Such register as is referred to in paragraph (6) of this regulation shall be produced for the Inspector's examination at every regular inspection of the lift and as and when requested by the Inspector. (9) On receipt of advice from the approved firm that repairs to the lift are necessary the owner shall forth with arrange to have such repairs effected, or if in doubt as to the necessity therefor refer the matter to an Inspector. For the purpose of this regulation, any recommended repair recorded in the register in accordance with sub-paragraph (b) of paragraph (6) of this regulation shall be deemed to constitute receipt of advice. (10) If after receipt of such advice as aforesaid the owner neither causes the repairs to be effected nor refers the matter to the Inspector within a period of one week the approved firm shall forthwith inform the Inspector of the facts of the case.


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(11) It shall be the duty of the owner of every lift to ensure that, in respect of such lift -

(a) the lift well and pit is maintained in a dry and clear condition, and no rubbish allowed to accumulate therein, nor any part used for storage; (b) no material not forming part of the lift equipment is placed on the top of the lift car; (c) the lift is not operated at a load greater than the contract load as specified in the certificate of registration and the car plate fitted in accordance with paragraph (4) of regulation 7; (d) in the case of any lift other than an automatic control lift, it is not operated unless in the charge of a car attendant who shall be not less than eighteen years of age; and (e) no wire or current carrying device is substituted for the proper fuse or circuit-breaker in any lift control circuit.


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18. Factories and Machinery (Fencing of Machinery and Safety) Regulations 1970


COMPLIANCE

PART I : GENERAL CONDITIONS Regulation 4. Fencing of machinery. (1) Every dangerous part of every driven machine, prime mover and transmission machinery shall be securely fenced in accordance with these Regulations: Provided that where the Chief Inspector is satisfied that there is available and suitable for use in connection with machinery any type or description of safety device, he may direct such type or description of device shall be provided for use in connection with such machinery. (2) Where the Chief Inspector is satisfied that owing to special circumstances the compliance with any of these Regulations is unnecessary or impracticable he may by certificate in writing, which he may in his discretion revoke, exempt the whole or any part of any machinery from the provisions of such regulation.


Complied

Regulation 10. Starting and stopping appliance. (1) Every machine intended to be driven by mechanical power shall be provided with an efficient starting and stopping appliance the control of which shall be in such a position as to be readily and conveniently operated by the person operating the machine in his normal working position.

Management


Complied


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PART IV : DRIVEN MACHINERY Regulation 23. Machinery using rolls Dough rollers and brakes. (6) (a) Every dough mee or meehoon roller shall be fenced by-

(i) a feeding chute and a bridge or tunnel guard as illustrated the Fifth Schedule; or (ii) a hopper over the rolls of such design that the operator cannot reach the nip of the rolls.

(b) Every dough brake shall be provided with guards over the tops of the rolls and if not equipped with automatic feeding devices, shall be provided both in front and behind the rolls with grid guards which, on contact with the hands or arms of the operators, will actuate mechanisms which stop and reverse the motion of the rolls.


Complied

Regulation 24. Woodworking saws. Other saws. (9) Every saw not otherwise described in the regulation and which is moved towards the material shall be fenced by-

(a) a guard which exposes the cutting portion of the saw blade only when the saw is in use; and (b) in the case of a cross-cut saw, a balance weight or other device to hold the saw away from the cutting position when not actually cutting.

Management


Complied


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Regulation 30. Agitating, stirring, or mixing machines. Dough mixer. (2) (a) Every dough mixer shall be provided with tight fitting covers of substantial material over the

tops of the mixing bowls. (b) Every horizontal non tilting dough mixer provided with-

(i) a fixed cover shall be equipped with valve controlled feed to and discharge from the mixers; or (ii) a hinged or removable cover shall be equipped with an interlocking device so arranged that

(a) the cover cannot be opened until the blade-driving mechanism has been stopped; and (b) the blades cannot be set in motion again until the cover is in place on the mixing

bowl.

(c) Every horizontal tilting-type dough mixer, in which the rotating blades are not used for discharging, shall be provided with interlocking device or automatic power cut-off which-

(i) will disconnect the power from the mixing blades when the bowl starts to tilt; and (ii) will prevent application of the power again until the bowl has been returned to its operating position.

(d) Every horizontal tilting-type dough mixer that is cleared by rotating the blades while the bowl is in the tilted or unloading position shall be provided with an interlocked cover which will prevent access to the rotating blades while the bowl is in the vertical position but will allow a limited amount of opening of the cover for the discharge of the dough when the bowl is titled.

Management


Complied


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19. Factories and Machinery (Persons-In-Charge) (Amendment) Regulations 2014


COMPLIANCE

PART I : MACHINERY REQUIRED TO BE IN CHARGE OF PERSONS HOLDING CERTIFICATES OF COMPETENCY Regulation 3. Machinery requiring certificated persons in charge Pursuant to section 29 (2) of the Act, a person in charge of any steam boiler, steam engine, internal combustion engine or dredge shall, except as provided hereafter, hold an appropriate certificate of competency prescribed by these Regulations.


Complied


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20. Occupational Safety and Health (Prohibition of Use of Substance) Order 1999


COMPLIANCE

Prohibition of use of substance 2. The substances listed in column (1) of Schedule shall be prohibited from use to the extent as specified in column (2). SCHEDULE PROHIBITION OF USE OF SUBSTANCE

(1) (2) Item No. Description of substance Extent to which use of substance is prohibited

1. 4-Aminodiphenyl; Manufacture and use of all purposes Benzidine; including any manufacturing process in 2-Naphthylamine; which a substance described in column (1)

. 4- Nitrodiphenyl; is formed, except for research or analytical

. Their salts; and purposes

. any substance containing any

. of their compounds in any other

. substance in a total concentration

. exceeding 0.1 percent

2. Crocidolite All purposes except for research or

analytical purposes

Management


Complied


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3. Benzene; Cleaning and degreasing Carbon disulphide; Carbon tetrachloride and n-Hexane

4. White phosphorus Use in the manufacture of matches


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21. Petroleum (Safety Measures) Act 1984


COMPLIANCE

PART V : TRANSPORTATION OF PETROLEUM BY PIPELINES Section 16. Authorisation of pipeline works. (1) It shall not be lawful for any person to undertake any pipeline works to be executed in or on land, on the surface of or underwater, onshore or offshore except under authorization granted by the Minister, or otherwise than along the route delineated on the map annexed to the authorization or within such limits of lateral deviation from the route as may be prescribed in the authorization, or by a person other than the one named in the authorization.


Complied

Section 17. Emergency pipeline works. (1) Pipeline works which are requisite to put an end to existing danger or to prevent imminent danger to life and property or to prevent serious interruption of the conveyance of petroleum by pipeline may be executed without authorization under section 16: Provided that the Minister is notified of such works within twenty-four hours of the commencement of works and a copy of the map showing the route of the pipeline works and details of such works are submitted to the Minister as soon as practicable. (2) Where the Minister is satisfied that the pipeline works executed pursuant to this section do not meet the safety measures and standards enforceable under this Act and regulations made thereunder or the route taken is not conducive to the safety of life or property, he may require rectification of the same within such time as may be specified by him in writing.

Management


Complied


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PART VI : STORAGE AND HANDLING OF PETROLEUM Section 19. Petroleum storage and petroleum handling licence. (1) Subject to the provisions of this Act, no person shall store or handle any petroleum unless he is the holder of a valid petroleum storage licence or a valid petroleum handling licence, as the case may be, granted under this Act authorizing the storage or handling of petroleum and providing that such petroleum is to be stored or handled in accordance with such conditions, if any, as may be attached to the licence.


Complied


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22. Petroleum (Safety Measures) (Transportation of Petroleum by Pipelines) Regulations 1985


COMPLIANCE

PART II : TRANSPORTATION OF PETROLEUM BY PIPELINES Regulation 5. Permission for installation. (1) No person shall install or caused to be installed any pipeline unless he or his authorized representative has obtained a written permission from the Approving Authority. (2) For the purpose of a permission under subregulation (1) the owner of his authorized representative has obtained a written permission from the Approving Authority.

(a) the name and address of the owner and operator; (b) the name and address of the consultant; (c) the name and address of the contractors; (d) the route of the pipelines and flow line diagram; (e) the design specification; and (f) the material specification.


Complied


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Regulation 6. Permission for operating. (1) No person shall operate any pipeline unless he or his authorised representative has obtained a written permission from the Approving Authority. (2) For the purpose of a permission under subregulation (1), the owner or his authorised representative shall submit-

(a) a latter confirming that the material, design, construction, installation and testing of the pipeline comply with the requirements of regulation 4 and that the pipelines are safe to be operated; (b) a written emergency plan for implementation in the event of the system failure, accident or other emergency. The plan shall include procedures for prompt and remedial action providing for the safety of the public and operating company's personnel, minimising property damage, protecting the environment and limitating accident discharge from pipeline; and (c) a latter confirming that the operating and maintenance procedures are based on the provisions of the Code stipulated in regulation 4 or the other alternative procedures allowed under regulation 4(3).

Management


Complied

Regulation 13. Dangerous occurence. (1) The owner, operator or contractor of a pipeline or his authorised representative shall immediately notify the Approving Authority of -

(a) any dangerous occurence which may affect the safety of any pipeline while it is being installed or operated; and (b) any gas leak which-

(i) causes death or personal injury requiring hospitalisation of any person; (ii) requires the taking of any segment of a pipeline our of service; (iii) results in gas ignition; or (iv) represents an existing or probable hazard to persons or property.

Management


Complied


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(2) An owner or operator of a pipeline shall, as soon as he becomes aware of any defect in the pipeline or any circumstance which would affect the safety of the pipeline-

(a) rectify the defect or circumstance so as to ensure the safety of the pipeline (b) cease to operate the pipeline if the defect or circumstance cannot be made good or removed and inform the Approving Authority.

Regulation 14. No modification without permission. (1) Subject to subregulation (2), no person shall commence any modification work on a pipeline which affect the basic design and specification such as the maximum design operating pressure, maximum design operating temperature, type of fluid to be carried and change route unless a written permission from the Approving Authority is obtained.

(2) In any emergency where it is necessary to put an end or prevent imminent danger to life and property or to prevent serious interruption of the conveyance of petroleum by pipeline, such modification as specified in subsection (1) may be carried out and the Approving Authority shall be informed immediately of such modifications.

Management


Complied


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23. Employee’s Social Security Act 1969


COMPLIANCE

PART II : INSURABILITY AND CONTRIBUTIONS Section 5. All employees to be insured Subject to this Act, all employees in industries to which this Act applies shall be insured in the manner provided by this Act.


Complied

PART III : BENEFITS Section 24. Accidents while travelling (1) An accident happening to an insured person shall be deemed to arise out of and in the course of his employment if the accident happens while the insured person—

(a) is travelling on a route between his place of residence or stay and his place of work; (b) is travelling on a journey made for any reason which is directly connected to his employment; or (c) is travelling on a journey between his place of work and the place where he takes his meal during any authorized recess.

(2) If the accident under subsection (1) occurs during any interruption of, or deviation from, the insured person’s journey made for any of the purposes stipulated in the same subsection, the accident shall not be deemed to arise out of and in the course of his employment.


Complied


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Section 25. Accidents happening while meeting emergency An accident happening to an insured person in or about any premises at which he is for the time being employed for the purpose of his employer’s trade or business, profession, vocation, occupation or calling, shall be deemed to arise out of and in the course of his employment, if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimize damage to property.

Management


Complied

Section 28. Occupational diseases (1) If an employee who is employed in any occupation described in the Fifth Schedule contracts any disease or injury shown in the said Schedule to be related to that occupation, or if an employee who has been employed in such occupation contracts such a disease or injury within sixty months after ceasing to be so employed, the contracting of the disease or injury shall, unless the contrary is proved, be deemed to be an employment injury arising out of and in the course of employment: Provided that the period of sixty months may, at the discretion of the Organization, be further extended upon production of medical and other relevant evidence in support of it. (2) Where an employee enters into a contract of service or apprenticeship with any principal employer or immediate employer to work in any occupation specified in the Fifth Schedule or is, with his consent, transferred by his principal or immediate employer to such an occupation, he shall, if requested to do so by the employer or the Organization, submit himself for examination by a duly appointed medical practitioner; but such an employee shall not be required to submit himself for examination by a duly appointed medical practitioner otherwise than in accordance with regulations made under this Act nor at shorter intervals than may be prescribed in it.

Management


Complied


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Section 37. Medical benefit (1) An insured person whose condition requires, as a result of employment injury, medical treatment and attendance shall be entitled to receive medical benefit. (2) Such medical benefit may be given either in the form of outpatient treatment and attendance in a hospital or dispensary, clinic or other institution or by visits to the home of the insured person or treatment as inpatient in hospital or other institution.

Management


Complied


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24. Construction Industry Development Board Act 1994


COMPLIANCE

PART VI : REGISTRATION OF CONTRACTORS

Section 25. (1) No person shall undertake to carry out and complete any construction works

unless he is registered with the Lembaga and holds a valid certificate of registration issued by the

Lembaga.

(2) Every certificate of registration shall be in the prescribed manner and form.

Management


Complied

Section 26. The Lembaga shall keep and maintain a Register which shall contain the names, business addresses and other particulars of contractors who are registered as registered contractors.

Management


Complied

Section 27. (1) For the purpose of carrying out its functions under section 4, the Lembaga may by notice in the prescribed form require any person to furnish any particulars which are within the person`s knowledge, or which he is able to obtain, relating to any contractor or construction works in such manner and form as the Lembaga may specify. (2) The notice under subsection (1) may be served by delivering it to the person at the construction site, his working place or at his residence. (3) A notice may require the information to be furnished at specific times or within specific intervals (4) The Lembaga shall not require any person to supply information which will disclose any trade secret.

Management


Complied


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Section 28. A person who - (a) fails to comply with the requirements of a notice issued under section 27: or (b) knowingly or recklessly furnishes or causes to be furnished any false particulars on any matter specified in the notice issued under section 27, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringgit and, in the case of a continuing offence, to a fine not exceeding five hundred ringgit for every day or part of a day during which the offence continues after conviction.

Management


Complied

Section 29. A person who undertakes to carry out or carries out and completes any construction works without being registered as a registered contractor with the Lembaga shall be guilty of an offence under this Act and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.

Management


Complied

Section 30. (1) Where the Lembaga finds that construction works are being undertaken or carried out by a contractor who is not registered with the Lembaga, the Lembaga may by notice in the prescribed form served on the contractor require him to abstain from commencing or proceeding with the construction works. (2) A person who fails to comply with the requirements of the notice under subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringgit, and in the case of a continuing offence, to a fine not exceeding five hundred ringgit for every day or part of a day during which the offence continues after conviction.

Management


Complied

Section 31. Every registered contractor shall be subject to this Act.

Management


Complied


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25. Environmental Quality (Delegation of Powers) (Perbadanan Putrajaya) Order 2002


COMPLIANCE

Order 2. Delegation of powers. The Director General delegates the powers to officers holding the office specified in column (2) of the First Schedule for the purpose of investigating the offence under the provisions specified in column (1).


Complied


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Order 3. Delegation of powers. The Director General delegates the powers to officers holding the office specified in column (2) of the Second Schedule for the purpose of enforcing the provisions specified in column (1).

FIRST SCHEDULE

(1)

Provisions (2)

Post

Section 22

Director of City Planning, Deputy Director (Environment), Senior Assistant Director (Environment), Environmental Control Officer, Senior Assistant Environmental Control Officer, Assistant Environmental Control Officer and Senior Environmental Technician.

Section 23 Director of City Planning, Deputy Director (Environment),

Senior Assistant Director (Environment), Environmental Control Officer, Senior Assistant Environmental Control Officer, Assistant Environmental Control Officer and Senior Environmental Technician.





Management


Complied


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(1)

Provisions (2)

Post

Section 29A Director of City Planning, Deputy Director (Environment), Senior Assistant Director (Environment), Environmental Control Officer, Senior Assistant Environmental Control

Officer, Assistant Environmental Control Officer and Senior Environmental Technician.

Section 38 (except power to stop, board and search any ship or aircraft)

Director of City Planning, Deputy Director (Environment), Senior Assistant Director (Environment), Environmental Control Officer, Senior Assistant Environmental Control Officer, Assistant Environmental Control Officer and Senior Environmental Technician.

Section 38A Director of City Planning, Deputy Director (Environment),


Section 48A Director of City Planning, Deputy Director (Environment),


Section 48B Director of City Planning, Deputy Director (Environment),



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(1)

Provisions

(2)

Post Section 31 Director of City Planning Section 37 Director of City Planning Subsection 45 (1) Director of City Planning and Deputy Director (Environment) Section 47 Director of City Planning


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26. Solid Waste and Public Cleansing Management Act 2007


COMPLIANCE

PART III : APPROVAL FOR THE CONSTRUCTION, ALTERATION OR CLOSURE OF

PRESCRIBED SOLID WASTE MANAGEMENT FACILITIES

Section 8. Construction or alteration of prescribed solid waste management facilities.

(1) No person shall construct any prescribed solid waste management facilities unless the relevant

plans or specifications which require the approval of the Director General have first been approved

in writing by the Director General.


Complied

PART VIII : CONTROL OF SOLID WASTE GENERATORS AND PERSONS IN POSSESSION

OF CONTROLLED SOLID WASTE

Section 71. Prohibition against unauthorized depositing, treatment, etc., of controlled

solid waste.

(1) No person shall deposit, separate, store, keep, collect, transfer, transport, treat or dispose of

or cause to be or permit to be deposited, separated, stored, kept, collected, transferred,

transported, treated or disposed of any controlled solid waste otherwise in accordance with this

Act.

(2) All controlled solid waste shall be deposited, treated, kept, stored or disposed of only at solid

waste management facilities licensed under this Act.


Complied


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27. Licensing of Premises for Trades, Businesses and Industries (Perbadanan Putrajaya) By-Laws 1999


COMPLIANCE

By-Law 10. Wet solid refuse All waste shall be placed in plastic bags or other suitable containers before they are deposited in the refuse bins or receptacles.

Management


Complied

By-Law 11. Disposal of refuse All waste in refuse bins or receptacles shall be disposed off in such manner as may be directed by the Perbadanan.

Management


Complied


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28. Street, Drainage and Building Act 1974


COMPLIANCE

PART II – STREETS Section 36. Hedges and trees bordering streets to be trimmed. (1) The local authority may by notice in writing require the owner or occupier of any land to trim or prune the hedges thereon bordering any street so that they do not exceed seven feet in height from the level of the street, and, in the case of hedges within fifteen yards of a corner, four feet in height from the level of the street, and to cut and trim all trees or branches of trees overhanging any street. (2) If the owner or occupier fails to comply with the notice within the period specified therein, the local authority may itself cause the work to be done and recover the cost and expenses thereof in the manner hereinafter provided.


Complied

Section 37. Prevention of grass fires. (1) Where the local authority is satisfied that any grass, or other vegetation whether growing or not is in a combustible state or likely to be dangerous to life or property in case it should become lighted, the local authority may by notice in writing require the owner or occupier of the land on which the same is growing or lying to remove the same from the land within a period specified by the notice.

Management


Complied


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PART III – DRAINS

Section 54. Cleansing and emptying surface and storm water drains, etc.

(1) The local authority shall cause the surface and storm water drains, culverts, gutters and water-courses under the control of the local authority to be so constructed, maintained and kept as not to be a nuisance or injurious to health and to be properly cleared, cleansed and emptied and, for the purpose of flushing, cleansing and emptying the same, it may construct and place, either above or under ground, such reservoirs, sluices, engines and other works as are necessary: Provided that the local authority shall, before entering any private property for the purpose of carrying out any work under this subsection, give reasonable notice in writing in that behalf, and shall in carrying out such work do as little damage as may be and shall make full compensation for any damage done. (2) The local authority may, with the sanction of the State Authority, cause all or any of such surface and storm water drains, culverts, gutters and water-courses to communicate with and be emptied into the sea or other fit place, or may cause the refuse from the same to be conveyed by a proper channel to the most convenient site for its deposit, and may sell or otherwise dispose of the said refuse for any agricultural or other purposes as are deemed expedient so that it shall not become a nuisance.


Complied


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29. Sewerage Services Act 1993


COMPLIANCE

Section 25. Duty of owner to operate and maintain private sewerage system or septic tank (1) Owner or occupier of any premises having a sewerage system or septic tank shall:-

(c) cause the septic tank to be cleared, cleaned and emptied by a licensed sewerage services contractor

Management


Complied


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30. Food (Control of Tobacco Product) Regulations 2004


COMPLIANCE

PART IV : PROHIBITION ON SMOKING Regulation 11. Places where smoking is prohibited (1) No person shall smoke-

(a) in any entertainment centre or theatre, except any pub, discotheque, night club or casino, at any time when such place is open to the public; (b) in any area of a hospital or clinic; (c) in any public lift or toilet; (d) in any air-conditioned eating place or shop; (e) in any public vehicle or public transport terminal; (f) (Deleted); (g) in any airport; (h) in any area of a government premise; (i) in any area which is used for any assembly activity in a building other than private or residential building or in any public place; (j) in any area of an educational institution or a higher educational institution; (k) in any area of a nursery; (l) in any school bus; (m) in any floor with a service counter in the building specified in the Second Schedule; (n) in any area of a shopping complex; (o) in any area of a petrol station; (p) in any area of a stadium, sports complex, fitness centre or gymnasium; (q) in any area of a building or public place which is used for religious purposes; (r) in any area of a library; (s) in any area of an internet café; (t) in any area of a place of national service training; (u) in any air conditioned place of work with a centralized air conditioned system; or (v) in any building or playground or garden, including the range of 3 meters from the boundary of the place, in rest and recreation area.

Management


Complied


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COMPLIANCE

Regulation 12. Duty of proprietor, etc., of the premises or vehicle (1) The proprietor or occupier of a premise or the proprietor of a vehicle referred to in regulation

11 or the proprietor or occupier of any building, premise or place declared by the Minister by

notification in the Gazette under regulation 22 shall at all times-

(a) display a sign as specified in the Third Schedule with regards to the prohibition of smoking at any conspicuous part of the premise or vehicle or the building or at any entrance to the place; and (b) ensure that no person smokes in the premise or vehicle or in the building or the place.

Management


Complied

31. Industrial Code of Practice for Safe Working in a Confined Space 2010 32. Industrial Code of Practice on Chemicals Classification & Hazard Communication 2014 33. Industrial Code of Practice on Indoor Air Quality 2010 34. Code of Practice on Prevention & Eradication of Drug, Alcohol & Substance Abuse in the Workplace 2005 35. Code of Practice on Prevention & Management of HIV / AIDS at the Workplace 2001


COMPLIANCE

All

Management


Complied

Documents

LEGAL AND OTHER REQUIREMENT REGISTEReoffice.picc.com.my/edocument/Co-X QHS SOP12-R01... · 17 Factories and Machinery (Electric Passenger and Goods Lift) Regulations 1970 68 181