Chapter 3

Introductio
n to OSH
ACT 1994 &
Regulations

FGB 40203 SAFETY MANAGEMENT

FGB 40203
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OCCUPATIONAL SAFETY
AND HEALTH ACT 1994
(ACT 514)

FGB 40203 SAFETY MANAGEMENT

Lesson Objectives
To 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.
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Main Acts or Statue Law (OSH) in

Malaysia
The Factory and Machineries
Act,1967 (Act 139),
Ammendment,2006
The Occupational Safety and Health
Act,1994 (Act 514)
The Construction Industry
Development Act,1994 (Act 520)
Petroleum Act (Safety
Measure),1984 (Act
302)

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Structure of Legislation
OSHA
1994
Regulati
on
Code of
Practice
Guidelin
es
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Regulations
01. OCCUPATIONAL SAFETY AND HEALTH (CLASSIFICATION, LABELLING AND
SAFETY DATA SHEET OF HAZARDOUS CHEMICALS) REGULATIONS 2013
02. OCCUPATIONAL SAFETY AND HEALTH (NOTIFICATION OF ACCIDENT,
DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING AND OCCUPATIONAL
DISEASE) REGULATIONS 2004
03. OCCUPATIONAL SAFETY AND HEALTH (USE AND STANDARDS OF
EXPOSURE OF CHEMICALS HAZARDOUS TO HEALTH) REGULATIONS 2000
04. OCCUPATIONAL SAFETY AND HEALTH (SAFETY AND HEALTH OFFICER)
REGULATIONS 1997
05. OCCUPATIONAL SAFETY AND HEALTH (CLASSIFICATION, PACKAGING AND
LABELLING OF HAZARDOUS' CHEMICALS) REGULATIONS 1997 (REVOKED)
06. OCCUPATIONAL SAFETY AND HEALTH (SAFETY AND HEALTH COMMITTEE)
REGULATIONS 1996
07. OCCUPATIONAL SAFETY AND HEALTH (CONTROL OF INDUSTRIAL MAJOR
ACCIDENT HAZARDS) REGULATIONS 1996
08. OCCUPATIONAL SAFETY AND HEALTH (EMPLOYERS' SAFETY AND HEALTH
GENERAL POLICY STATEMENTS) (EXCEPTION) REGULATIONS 1995

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Introduction
Put into force on 24 February 1994
Provide a legislative framework to stimulate and
encourage high standards of safety and health at work
Promote safety and health awareness and establish
effective safety organization through self regulation
Defines general duties of employers, manufacturers,
employees, the self employed, designers, importers and
suppliers
Covers all sectors except the armed forces and work on
board ships
FGB 40203 SAFETY MANAGEMENT

Aims of the Act

To secure the safety, health and welfare of persons against risks

from work activity

2 To protect persons other than persons at work

3
4

To promote an environment which adapted to physiological and

psychological needs

To provide the means to progressively replace legislation by a

system of regulations and approved industry codes of practice

FGB 40203 SAFETY MANAGEMENT

Control of Industrial Major Accident Hazard Regulations 1996

Safety and Health Committee Regulations 1996

6
Regulatio
ns

Safety and Health Officer Regulations 1997

Safety and Health Officer Orders 1997
Classification, Packaging and Labeling of Hazardous Chemicals
Regulations 1997
Prohibition of Use of Substance Order 1999
USECHH Regulations 2000

Notification Of Accidents, Dangerous Occurrences, Occupational

Poisoning and Occupational Diseases 2004 (NADOPOD)

FGB 40203 SAFETY MANAGEMENT

Manufacturing
Public services
and statutory
authorities
Finance,
insurance, real
estate and
business
services

Hotel and
restaurants

Wholesale and
retail trade

Mining and
quarrying

Industries
under
OSHA
1994

Transport,
storage and
communication

Construction

Agriculture,
forestry and
fishing
Utilities
electricity, gas,
water, sanitary
services

FGB 40203 SAFETY MANAGEMENT

Control of Industrial
Major Accident Hazard
(CIMAH) Regulations
1996

FGB 40203 SAFETY MANAGEMENT

CONTROL OF INDUSTRIAL MAJOR

ACCIDENT HAZARDS REGULATION 1996

Come into force on 1 February 1996

The regulation apply to all industrial
activities except :
- Nuclear installation
- Installation under the armed forces
- vehicle or vessel use in transportation
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CONTROL OF INDUSTRIAL MAJOR

ACCIDENT HAZARDS REGULATION 1996

CIMAH illustrated clearly duties of

employer or occupier to persons outside or
surrounding premises.
Employer
take preventive measures in order to ensure
safety of operations.
need to have an emergency response plan and
provide information to the public.
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CONTROL OF INDUSTRIAL MAJOR

ACCIDENT HAZARDS REGULATION
1996
- 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;

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CONTROL OF INDUSTRIAL MAJOR

ACCIDENT HAZARDS REGULATION
1996
- 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;

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CONTROL OF INDUSTRIAL MAJOR

ACCIDENT HAZARDS REGULATION
1996
When 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

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Safety and Health

Committee Regulations
1996

FGB 40203 SAFETY MANAGEMENT

Safety and Health Committee

Regulations 1996
Compulsory for employees are 40 or more
Consist 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 MANAGEMENT

Safety and Health Committee

Regulations 1996
Representatives 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 MANAGEMENT

Safety and Health Committee

Regulations 1996
A 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 MANAGEMENT

Safety and Health Committee

Regulations 1996
Function 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 MANAGEMENT

Safety and Health Committee

Regulations 1996
Inspect 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 MANAGEMENT

Safety and Health Committee

Regulations 1996
Assist 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 MANAGEMENT

Safety and Health Committee

Regulations 1996
1) Employer is require to provide training &
information to S&H committee.
2) S&H committee time to time need to make
recommendation due to S&H.

FGB 40203 SAFETY MANAGEMENT

Safety and Health

Officer Regulations 1997

FGB 40203 SAFETY MANAGEMENT

Safety and Health Officer

Regulations 1997
Employer 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 MANAGEMENT

Safety and Health Officer

Regulations 1997
Need 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 MANAGEMENT

Safety and Health Officer

Regulations 1997
Qualification for S&H officer:
1. Diploma in occupational S&H or
equivalent.
2. Successfully completed course of training
in occupational S&H & passed the exam &
has min 3 years experience in occupational
S&H.
3. Working in occupational S&H at least for
10 years.
FGB 40203 SAFETY MANAGEMENT

Safety and Health Officer

Regulations 1997
Qualification for S&H officer:
4. Other qualification or received such
training as prescribed by the Minister.

FGB 40203 SAFETY MANAGEMENT

Safety and Health Officer

Regulations 1997
A 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 MANAGEMENT

Classification,
Packaging and Labeling
of Hazardous Chemicals
Regulations 1997

FGB 40203 SAFETY MANAGEMENT

Introduction (1 of 2)
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.

FGB 40203 SAFETY MANAGEMENT

Introduction (2 of 2)
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
provisions
FGB 40203 SAFETY MANAGEMENT

Hazardous Chemical

Part A
(physicochemical
properties) of Schedule
1
Explosive

Part B (health effects)

of Schedule 1

Explosive

Very toxic

More hazardous than oxidising

More Hazardous than toxic

Oxidising

Toxic

More hazardous than extremely flammable

More Hazardous than very corrosive

Extremely flammable

Corrosive

More hazardous than highly flammable

More Hazardous than harmful

Highly Flammable

Harmful

More Hazardous than flammable

More Hazardous than irritant

Flammable

Irritant

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Classification Based on Physicochemical

Properties (Part A)
Explosive

Oxidising

chemicals
and
preparations
which may
explode
under the
effect of
flame or
sensitive to
shocks or
friction than
dinitrobenze
ne

chemicals
and
preparations
which give
rise to
highly
exothermic
reaction
when in
contact with
other
chemicals,
particularly
flammable
chemicals

Extremely
Flammable

Highly
Flammable

liquid
chemicals
and
preparations
with a flash
point < 0 C
and boiling
point 35
C

liquid
substances
and
preparations
having a
flash point
below 21 C
but which
are not
extremely
flammable.

FGB 40203 SAFETY MANAGEMENT

Flammable
liquid
substances
and
preparations
having a
flash point
more than
21 C and
55 C.

Classification Based on Health

Effects (Part B)
Very Toxic

Toxic

substances
and
preparations
which if
inhaled or
ingested or
penetrated
into the skin
or inhaled
may involve
extremely
serious acute
or chronic
health risks
or even death

substances
and
preparations
which if
inhaled or
ingested or
penetrated
into the skin
may involve
serious acute
or chronic
health risks
or even death

Corrosive
substances
and
preparations
which may,
on contact
with living
tissues,
destroy them

Harmful

Irritant

substances
and
preparations
which if
inhaled or
ingested or
penetrated
into the skin
may involve
limited health
risk

non-corrosive
substances
and
preparations
which,
through
immediate,
prolonged or
repeated
contact with
the skin or
mucous
membrane,
can cause
inflammation

FGB 40203 SAFETY MANAGEMENT

Packaging of Hazardous Chemical

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.
FGB 40203 SAFETY MANAGEMENT

Labeling of Hazardous Chemical

Pertaining to labelling and dimension of label
respectively.
Labeling must contain this information:
1. name of the hazardous chemical
2. name, address and telephone number of the
supplier
3. danger symbol and indication of danger (max
2 symbols)
4. nature of the special risk
5. safety precautionary
FGB 40203 SAFETY MANAGEMENT

Sample of Labeling of Hazardous

Chemical

4
5
2
FGB 40203 SAFETY MANAGEMENT

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

FGB 40203 SAFETY MANAGEMENT

USECHH Regulations
2000

Pesticides Act of 1974 by the Pesticides

Board, and Poisons Ordinance of 1953 by
Ministry of Health
Factories and Machinery (Lead)
Regulations 1984
Factories and Machinery (Asbestos
Process) Regulations 1986
Factories and Machinery (Mineral Dust)
Regulations 1989
FGB 40203 SAFETY MANAGEMENT

USECHH Regulations
2000

The Bhopal chemical disaster in 1984

managed to drastically increase chemical
safety awareness in many countries
throughout the world
Occupational Safety and Health (Control of
Major Accident Hazards) Regulations was
gazetted in 1996
FGB 40203 SAFETY MANAGEMENT

USECHH Regulations
2000
Control 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 .
FGB 40203 SAFETY MANAGEMENT

USE OF CHEMICALS AT
THE WORKPLACE
The 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.
FGB 40203 SAFETY MANAGEMENT

USE OF CHEMICALS AT
THE WORKPLACE

Hence, 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.
FGB 40203 SAFETY MANAGEMENT

GAZETTING OSHUSECHH REGULATIONS

This 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

FGB 40203 SAFETY MANAGEMENT

RATIONALE FOR
FORMULATING

To 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.
FGB 40203 SAFETY MANAGEMENT

EXPECTED TO BE
ACHIEVED
Prevent 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.
FGB 40203 SAFETY MANAGEMENT

APPLICATION
The 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.
FGB 40203 SAFETY MANAGEMENT

APPLICATION cont
However, 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).
FGB 40203 SAFETY MANAGEMENT

SALIENT PROVISIONS
Identification of hazardous chemicals at the
w/p and the establishment and maintenance
of a chemical register;
Compliance with PEL
Chemical health risk assessment for
employees;
Introduction of appropriate measures to
prevent or control significant health risks;

FGB 40203 SAFETY MANAGEMENT

SALIENT PROVISIONS
Ensuring 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 precautions
Medical Removal Protection;
Warning signs; and Record keeping.
FGB 40203 SAFETY MANAGEMENT

CONCLUSION

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.

FGB 40203 SAFETY MANAGEMENT

CONCLUSION cont.
The 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.
FGB 40203 SAFETY MANAGEMENT

CONCLUSION cont.
Enforcement 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

FGB 40203 SAFETY MANAGEMENT

Notification Of Accidents,
Dangerous Occurrences,
Occupational Poisoning and
Occupational Diseases 2004
(NADOPOD)

FGB 40203 SAFETY MANAGEMENT

NAADOPOD

The 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:

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NAADOPOD

Part 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.
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NAADOPOD

The 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.

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