Introduction to Occupational Safety and Health Management

Introduction to OSH ACT 1994 & Regulations

Chapter 3

FGB 40203 SAFETY MANAGEMENTFGB 40203 SAFETY MANAGEMENTFGB 40203 SAFETY MANAGEMENTOCCUPATIONAL SAFETY AND HEALTH ACT 1994 (ACT 514)

FGB 40203 SAFETY MANAGEMENT3Lesson ObjectivesTo introduce and explain the Malaysian Occupational Safety and Health Act (OSH) Act, 1994 (Act 514) and its Regulations.To explain the function, duties and responsibilities of the employer, the employees, the safety and health officer, and the safety and health committees.To discuss and elaborate on the OSH management techniques and practices on how to implement the ACT so as to develop a safe and healthy work environment and to inculcate good working culture at workplace.FGB 40203 SAFETY MANAGEMENTFGB 40203 SAFETY MANAGEMENT4Main Acts or Statue Law (OSH) in MalaysiaFGB 40203 SAFETY MANAGEMENTFGB 40203 SAFETY MANAGEMENTStructure of Legislation FGB 40203 SAFETY MANAGEMENTFGB 40203 SAFETY MANAGEMENTRegulations 01. OCCUPATIONAL SAFETY AND HEALTH (CLASSIFICATION, LABELLING AND SAFETY DATA SHEET OF HAZARDOUS CHEMICALS) REGULATIONS 201302. OCCUPATIONAL SAFETY AND HEALTH (NOTIFICATION OF ACCIDENT, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING AND OCCUPATIONAL DISEASE) REGULATIONS 200403. OCCUPATIONAL SAFETY AND HEALTH (USE AND STANDARDS OF EXPOSURE OF CHEMICALS HAZARDOUS TO HEALTH) REGULATIONS 200004. OCCUPATIONAL SAFETY AND HEALTH (SAFETY AND HEALTH OFFICER) REGULATIONS 199705. OCCUPATIONAL SAFETY AND HEALTH (CLASSIFICATION, PACKAGING AND LABELLING OF HAZARDOUS' CHEMICALS) REGULATIONS 1997 (REVOKED)06. OCCUPATIONAL SAFETY AND HEALTH (SAFETY AND HEALTH COMMITTEE) REGULATIONS 199607. OCCUPATIONAL SAFETY AND HEALTH (CONTROL OF INDUSTRIAL MAJOR ACCIDENT HAZARDS) REGULATIONS 199608. OCCUPATIONAL SAFETY AND HEALTH (EMPLOYERS' SAFETY AND HEALTH GENERAL POLICY STATEMENTS) (EXCEPTION) REGULATIONS 1995

FGB 40203 SAFETY MANAGEMENTFGB 40203 SAFETY MANAGEMENTIntroductionFGB 40203 SAFETY MANAGEMENTAims of the Act1 2 3 4 FGB 40203 SAFETY MANAGEMENT9Regulations6 FGB 40203 SAFETY MANAGEMENT10FGB 40203 SAFETY MANAGEMENT

1 FGB 40203 SAFETY MANAGEMENTCONTROL OF INDUSTRIAL MAJOR ACCIDENT HAZARDS REGULATION 1996Come into force on 1 February 1996The regulation apply to all industrial activities except :- Nuclear installation- Installation under the armed forces- vehicle or vessel use in transportation

24 March 201513FGB 40203 SAFETY MANAGEMENT13CONTROL OF INDUSTRIAL MAJOR ACCIDENT HAZARDS REGULATION 1996CIMAH illustrated clearly duties of employer or occupier to persons outside or surrounding premises. Employertake preventive measures in order to ensure safety of operations. need to have an emergency response plan and provide information to the public.

24 March 201514FGB 40203 SAFETY MANAGEMENT14- Not make any modifications in that is not consistent with the Industrial Activity Report until he consult a Competent person and resubmit a further report; - Report to be updated every 3 years; - Prepare and submit on-site emergency plan 3 months before commencement of industrial activity;

CONTROL OF INDUSTRIAL MAJOR ACCIDENT HAZARDS REGULATION 1996FGB 40203 SAFETY MANAGEMENTFGB 40203 SAFETY MANAGEMENT- Emergency plan to be prepared in consultation with a Competent person; - Emergency plan to be updated once every 3 years; - Prepare information on industrial activity and inform local authorities or port authority for them to prepare off-site emergency response plan;

24 March 201516CONTROL OF INDUSTRIAL MAJOR ACCIDENT HAZARDS REGULATION 1996FGB 40203 SAFETY MANAGEMENTWhen a major accident occurs, the manufacturer shall immediately notify the local DOSH office Penalty for manufacturer of non-compliance is a fine up to RM50k or jail term of not more than 2 years or both Penalty for employee of non-compliance is a fine up to RM1k or jail term of not more than 3 months or both

24 March 201517CONTROL OF INDUSTRIAL MAJOR ACCIDENT HAZARDS REGULATION 1996FGB 40203 SAFETY MANAGEMENT

2 FGB 40203 SAFETY MANAGEMENTSafety and Health Committee Regulations 1996Compulsory for employees are 40 or moreConsist of a chairman, a secretary, representatives of employer & employees.Employees less than 100 : at least 2 representative each from employer & employees.Employees more than 100 : at least 4 representative each from employer & employees.FGB 40203 SAFETY MANAGEMENTChairman : Employer/authorized managerSecretary : S&H officerExample: large company with corporate & various side( main & subcontractor) need to have separate SH committee19Safety and Health Committee Regulations 1996Representatives of employees : - maintain & develop the employees interest in establish a safe & healthy working condition.Representative of employer : - monitoring the activities planned & carried out by all members of the committee.FGB 40203 SAFETY MANAGEMENTEvery employer need to consult committee : promoting, developing measures to ensure SH, & checking effectiveness of measurement. Committee may remove a member for reason in regulation included: - not attend 3 consecutive meeting w/out chairman permission,- be found or declare to be unsound mind,- he becomes bankrupt. - no longer employed at place- prove/charge do a criminal- unable/incapable to do duties.

20Safety and Health Committee Regulations 1996A person who contravenes the provision of this section : fine not exceeding RM5K or to imprisonment for a term not exceeding 6 months or both. FGB 40203 SAFETY MANAGEMENT21Safety and Health Committee Regulations 1996Function of Safety and Health Committee:

Assist in development rules, safe system of work and review the effectiveness of safety and health programs.Conduct investigation of S&H and bring attention to employers.Studies on trends of accident, near-miss, dangerous occurrences, occupational poising & diseases occurs. FGB 40203 SAFETY MANAGEMENT22Safety and Health Committee Regulations 1996Inspect the workplace at least once in every 3 months.Discuss the observations during inspection, recommendations on remedial measures.Report to employer of any un S&H condition and recommendations on remedial action.Review S&H policies & recommendations for any revision.FGB 40203 SAFETY MANAGEMENT23Safety and Health Committee Regulations 1996Assist an employer in any competition.Committee must meet at least once in 3 months.Must invite any person has knowledge to meeting.FGB 40203 SAFETY MANAGEMENTWhile the meeting all the facilities should be provided.While meeting about person that involve need to attend. Conduct talk, activity of S&H to promote S&H.Assist committee in performance of its function.

24Safety and Health Committee Regulations 1996Employer is require to provide training & information to S&H committee.S&H committee time to time need to make recommendation due to S&H. FGB 40203 SAFETY MANAGEMENT2) If employer need give reason & if committee not agree, committee can asked Director General to do inspection. 25

3 FGB 40203 SAFETY MANAGEMENTSafety and Health Officer Regulations 1997Employer of class of industries listed in order must employ a competent & qualified person as S&H officer.Purpose to ensure the Act are complied & advise the employer the measure to be taken due to S&H.Inspect to determine any plant (machinery, equipment, appliance/process)FGB 40203 SAFETY MANAGEMENTThat will cause injury.27Safety and Health Officer Regulations 1997Need to conduct training, supervision & promoting S&H.Secretary to S&H committee.Accident and incident record system must be updated by the safety and health officer.FGB 40203 SAFETY MANAGEMENTProtective equipment training, new employee supervision & S&H awareness among employers & employee.Need to meet different level of management.Employer need to provide the adequate facilities (training equipment, appropriate info to conduct duties)Secrtry: investigate accident, report, collect, analyse & maintain statistic acident.

Investigate accident, accident report, collect, analyse & maintain statistic on any accident.Accident & incident record sys update by him.

28Safety and Health Officer Regulations 1997Qualification for S&H officer:Diploma in occupational S&H or equivalent.Successfully completed course of training in occupational S&H & passed the exam & has min 3 years experience in occupational S&H.Working in occupational S&H at least for 10 years.FGB 40203 SAFETY MANAGEMENTFrom professional body/institute, approved by Minister, on recommendation of Director General.29Safety and Health Officer Regulations 1997Qualification for S&H officer:Other qualification or received such training as prescribed by the Minister.FGB 40203 SAFETY MANAGEMENTFrom professional body/institute, approved by Minister, on recommendation of Director General.Registration of S&H officer is valid for 3 years & need to renewal for RM50.Renewal will be refuse if;- cease for S&E officer, not appointed as S&H officer under Act, not meet the Act requirements, failed to conduct duties, not evidence that he attend any continuous edu prog. or equivalent in last 3 years. Cancellation of registration;- ceased, convicted of offence under Act, not meet requirement of Act, misrepresentation or froud.30Safety and Health Officer Regulations 1997A person who contravenes the provision of this section : fine not exceeding RM5K or to imprisonment for a term not exceeding 6 months or both. FGB 40203 SAFETY MANAGEMENT31

4 FGB 40203 SAFETY MANAGEMENT Put into force on 15 April 1997 This regulations is about: To stipulate the duty of a supplier of hazardous chemicals. To classify, package and label each hazardous chemicals according to the specific nature of the risk involved in the use.

Introduction (1 of 2)

FGB 40203 SAFETY MANAGEMENT33 Supplier to make available adequate information about the substances

For chemicals this information should include Chemical Safety Data Sheet (CSDS).

Every chemical hazardous to health should be provided with CSDS and to comply with the provisionsIntroduction (2 of 2)FGB 40203 SAFETY MANAGEMENT34Hazardous Chemical

FGB 40203 SAFETY MANAGEMENTFGB 40203 SAFETY MANAGEMENTConsists of 2 parts on schedule 1. Part A and Part BSchedule I of (Part A of Schedule I), i.e. explosive, oxidising,extremely flammable, the Regulations categorises a chemical as hazardous based on:(i) its physicochemical properties highly flammable or flammable; or(ii) its health effects (Part B of Schedule I), i.e. very toxic, toxic, harmful,corrosive, irritant, carcinogenic, teratogenic or mutagenic.

35Classification Based on Physicochemical Properties (Part A)FGB 40203 SAFETY MANAGEMENTClassification of chemicals based on physicochemical properties must be done usingmethods specified in Annex V (A) to Directive 67/548/EEC (hereinafter referred to as theDirective) and as amended in the subsequent Directives. A chemical is considered ashazardous and should be classified as either explosive, oxidising, extremely flammable,highly flammable or flammable when the results of tests carried out according to theDirective satisfy one or more of the specific nature of the risk definitions in Part A ofSchedule 1 of the Regulations. Figure I summarises the criteria of chemical classificationaccording to physicochemical properties.36Classification Based on Health Effects (Part B)FGB 40203 SAFETY MANAGEMENT37 Packaging requirement as follows:If packaging a container, the container cannot escape unless safety devices to be fitted.Materials constituting the packaging are not susceptible to adverse attack by the contents.The packaging and fastenings are strong and solid.Containers fitted with the replaceable fastening devices so that it can be repeatedly fastened without the contents escaping.

Seal of packages initially closed with a seal and once opened, could not be repaired.

Packaging of Hazardous ChemicalFGB 40203 SAFETY MANAGEMENT38Pertaining to labelling and dimension of label respectively. Labeling must contain this information:name of the hazardous chemicalname, address and telephone number of the supplierdanger symbol and indication of danger (max 2 symbols)nature of the special risksafety precautionaryLabeling of Hazardous ChemicalFGB 40203 SAFETY MANAGEMENT39Sample of Labeling of Hazardous Chemical

5 4 3 2 1 FGB 40203 SAFETY MANAGEMENT40

(Use and Standard of Exposure of Chemicals Hazardous to Health) 5 FGB 40203 SAFETY MANAGEMENTPesticides Act of 1974 by the Pesticides Board, and Poisons Ordinance of 1953 by Ministry of HealthFactories and Machinery (Lead) Regulations 1984Factories and Machinery (Asbestos Process) Regulations 1986Factories and Machinery (Mineral Dust) Regulations 1989

USECHH Regulations 2000FGB 40203 SAFETY MANAGEMENT-FMA .These regulations however, only address the control of specific chemical substances.-Pesticides =a chemical preparation for destroying plant, fungal, or animal pests.42 The Bhopal chemical disaster in 1984 managed to drastically increase chemical safety awareness in many countries throughout the worldOccupational Safety and Health (Control of Major Accident Hazards) Regulations was gazetted in 1996

USECHH Regulations 2000FGB 40203 SAFETY MANAGEMENT43Control of other co-called industrial chemicals was still lacking.To address this, the Occupational Safety and Health (Classification, Packaging and Labelling) Regulations (OSH-CPL) was gazetted in 1997 with the aim of controlling the supply of hazardous chemicals to the workplace .USECHH Regulations 2000FGB 40203 SAFETY MANAGEMENT44The term use of chemicals hazardous to health include its production, handling, storage, transport, disposal and treatment of any chemicals that have the potential to cause adverse health effects. The OSH Act 1994 provide for the protection of employees handling hazardous chemicals in a general way.

USE OF CHEMICALS AT THE WORKPLACEFGB 40203 SAFETY MANAGEMENTThe use of chemicals at the workplace may cause fires and explosion, adverse health effects and/or damage to the environment.Adverse = being or acting in a contrary direction;45Hence, a set of regulations was promulgated under section 66 of the OSH Act solely addressing the issue of safety and health in the use and handling of chemicals that are hazardous to health at the workplace. This legislation is called the Occupational Safety and Health (Use and Standard of Exposure of Chemicals Hazardous to Health) Regulations 2000 or in short, OSH-USECHH Regulations.USE OF CHEMICALS AT THE WORKPLACEFGB 40203 SAFETY MANAGEMENT46This legislation (P.U.(A) 131) was gazetted on April 2000 and came into force on the same date. The Minister of Human Resources officially launched it during a national seminar entitled Introduction to the USECHH Regulations 2000

GAZETTING OSH-USECHH REGULATIONSFGB 40203 SAFETY MANAGEMENT47To provide a legal framework responsible for the proper use of chemicals in workplaces in Malaysia.To promote excellence in the management of chemical substances that are known to be hazardous to health.To set workplace exposure standards so as to protect the health of persons at work.RATIONALE FOR FORMULATINGFGB 40203 SAFETY MANAGEMENT48Prevent the occurrence of occupational diseases, poisoning or adverse health effects from the use of hazardous chemicals at the workplace;Provide the minimum standard on the safe use of chemicals to health Stipulate the maximum allowable exposure standard for occupationally exposed personnel.EXPECTED TO BE ACHIEVEDFGB 40203 SAFETY MANAGEMENT49The OSH-USECHH Regulations is applicable to all places of work within the purview of the Occupational Safety and Health Act 1994 where chemicals hazardous to health are used. Example: Manufacturing;Quarrying and mining;Construction;Agriculture, forestry and fishing; Utilities;Transport, storage and others.

APPLICATIONFGB 40203 SAFETY MANAGEMENTEg of others:communication;Wholesale and retail trade;Hotels and restaurants;Finance, insurance, real estate and business services; and Public services and statutory authorities50However, certain places of work are excluded if the chemical substances used are:Radioactive materials;Foodstuff;Pharmaceutical products; or hazardous to health solely by virtue of their explosive or flammable properties, or solely because they are at a high temperature or pressure (e.g. water).

APPLICATION contFGB 40203 SAFETY MANAGEMENT51Identification of hazardous chemicals at the w/p and the establishment and maintenance of a chemical register;Compliance with PELChemical health risk assessment for employees;Introduction of appropriate measures to prevent or control significant health risks;SALIENT PROVISIONSFGB 40203 SAFETY MANAGEMENT52Ensuring the use and maintenance of control measures and procedures;Labelling and re-labelling of containers;Awareness through information, instruction and training of employees on the health risks and precautionsMedical Removal Protection;Warning signs; and Record keeping.SALIENT PROVISIONSFGB 40203 SAFETY MANAGEMENT53 The Occupational Safety and Health (Use and Standard of Exposure of Chemicals Hazardous to Health) Regulations 2000 is a legislation that complements the Occupational Safety and Health (Classification, Packaging and Labelling of Hazardous Chemicals) Regulations 1997.

CONCLUSIONFGB 40203 SAFETY MANAGEMENT. CPL 1997 latter addresses the classification, packaging, and hazard information of hazardous chemicals, the former addresses how to manage the chemicals hazardous to health during their use, handling, and storage.

Inevitably= unable to be avoided, evaded, or escaped; certain; necessary: an inevitable conclusion.Stipulate= to require as an essential condition in making an agreement

54The OSH-USECHH Regulations (Schedule 1) also stipulate the occupational exposure limits termed as Permissible Exposure Limits (PEL) to ensure that workers are not overexposed to these hazardous chemicals resulting in serious health impairment.CONCLUSION cont.FGB 40203 SAFETY MANAGEMENT55Enforcement of these Regulations will inevitably lead to a safer and healtheir working environment for the employees and employers alike involved in using and handling hazardous CONCLUSION cont.FGB 40203 SAFETY MANAGEMENT56

6 FGB 40203 SAFETY MANAGEMENTNAADOPODThe main idea of this regulation is for:The employer to notify the nearest DOSH office of any accident, dangerous occurrence, occupational poisoning or occupational disease which has occurred or likely to occur at the place of work.The details of the regulation are as follows:FGB 40203 SAFETY MANAGEMENTFGB 40203 SAFETY MANAGEMENTThe main reason for this regulation is for the employer to report the occurrence of any accidents, dangerous incidents, occupational poisoning or disease that happen in the workplace.58NAADOPODPart VIII lays down the procedure for the notification of accidents at the worksites Every medical officer who attends to the patient is required to report the accident to the Director General.The Director General may then convene an inquiry into the matter if necessary.

FGB 40203 SAFETY MANAGEMENTFGB 40203 SAFETY MANAGEMENT- In this section the procedure to notify accidents, dangerous incidents, poisoning and disease that happens in the workplace is clearly - It is the responsibility of the medical officer attending such cases to report it to the Director General and may be held liable for not doing so.- Based on the report, then the Director General may require and inquiry being done on the matter if it is deem necessary. 59NAADOPODThe officer conducting an inquiry under this part is vested with the powers of a First Class Magistrate for the purpose of compelling the attendance of witnesses, production of documents, maintaining order and otherwise conducting the inquiry. All persons summoned to attend the inquiry are legally bound to attend.FGB 40203 SAFETY MANAGEMENTFGB 40203 SAFETY MANAGEMENTThe officer that conducts the inquiry are given a full legal power in helping him during the inquiry process. Any person that is involve in the occurrence and ask to participate in the inquiry must do so or can be legally prosecuted.60