Chapter 2 - Laws & Regulations Sem11314

8/10/2019 Chapter 2 - Laws & Regulations Sem11314

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BKC 5

OSH IN CHEMICAL INDUSTRIES

Chapter 2LAWS REGULATIONS

Sem11314

1Dr. Ghazi FaisalNajmuldeen FKKSA


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Dr. Ghazi FaisalNajmuldeen FKKSA

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HOW and WHY it happened ?



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Introduction

Occupational Safety and Health ManagementSystem

OSHA 1994

FMA 1967

Codes of Practice and Guidelines

Topic Outline



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At the end of this topic, it is expected thatstudents will be able to:

Comprehend safety and health management system asguided by ILO (International Labor Organization)

Comprehend OSHA 1994, FMA 1967, and other relevantcodes of practices and guidelines

Explain the role and function of Occupational Safety andHealth Management System (ILO-OSH)

Discuss important contents in OSHA 1994

Discuss important contents in FMA 1967 (OSH-related)

Discuss codes of practice and guidelines related tosafety and health matter



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Introduction - History

The history and development of DOSH (Department of Occupational

Safety & health ) in Malaysia could be described under the following eras:

pre 1914- era of boiler safety (steam boiler at tin mine in Larut, Perak. Appointment of Englishman, William Given as inspector of machine in1878)

1914~1952- era of machinery safety (Machinery Enactment, 1913)

1952~1970- era of industrial safety (Factories and Machinery Act,1967)

1970~1994- era of industrial safety and hygiene (establishment ofNIOSH, Dec. 1992)

post 1994- era of occupational safety and health (OSHA was passedby parliament in 1993 and gazetted in 24 February 1994)



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Introduction History (Cont.)

The OSHA defines general duties of

1-employers,

2-manufacturers,

3-employees,

4-the self-employed,

5-designers,

6-formulators, 7-importers and

8-suppliers.



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Introduction History (Cont.)

The Acts also provides for the

1-appointment of enforcement officers ;

2-establishment of a National Council for Occupational Safety and Health;

3- the formulation of organizations policy and arrangement to secure the safety, health and welfare of people at work and protect other people against risks posed by work activities.



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Guidelines on Occupational Safety and Health Mgt. SystemILO-OSH 2001 [ Section One ]

Guidelines at nat ion al level

1-be used to establish a national framework for OSH managementsystem. (supported by national laws & regulations)

2-provides guidelines for the development of voluntary arrangement to

strengthen compliance with regulations and standards.

3-Provide guidance on the development of both national and tailoredguidelines on OSH management systems to respond appropriately to thereal needs of organization, according to their size and nature of theiractivities.



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Guidelines on Occupational Safety and Health Mgt. SystemILO-OSH 2001 [ Section One ]

Guidelines at org anizat ional level

1-Provide guidance regarding the integration management systemelements in the organization as a components of policy andmanagement arrangements.

2-Motivate all members of the organization, particularly employers,owners, managerial staffs, workers and their representatives, inapplying appropriate OSH management principles and methodsto continually improve OSH performance.



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Guidelines on Occupational Safety and Health Mgt. SystemILO-OSH 2001 [ Section Two ]

National Policy

A competent institution should formulate, implement and periodically review acoherent national policy for the establishment and promotion of OSHmanagement systems in organizations

This should be done in consultation with the most representative organizationsof employers and worker, and with other bodies as appropriate.

The national policy on OSH management system should establishgenera l pr inc ip les and p rocedu re to :

1. promote the implementation and integration of OSH mgt. system as part ofthe overall management of an organization

2. Facilitate and improve voluntary arrangement for the systematic identification, planning, implementation and improvement of OSH activities at national andorganization levels

3. Promote the participation of workers and their representative at organizationlevel.



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(cont - The national policy on OSH management system should establish generalprinciples and procedure to :

(d) Implement continual improvement while avoiding unnecessary bureaucracy,administration and costs.

(e) Promote collaborative and support arrangement for OSH managementsystems at the organization level by labors inspectorates, occupational safetyand health services and other services, and channel their activities into aconsistent framework for OSH management

(f) Evaluate the effectiveness of the national policy and framework atappropriate intervals

(g) Evaluate and publicize the effectiveness of OSH management systems and practice by suitable means

(h) Ensure that the same level of safety and health requirement applies tocontractors and their workers as to the workers, including temporary

workers, employed directly by the organization. 12Dr. Ghazi FaisalNajmuldeen FKKSA


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ILO-OSH 2001 Framework

ILO GuidelinesOn

OSH-MS

National GuidelinesOn

OSH-MS

Tailored GuidelinesOn

OSH-MS

O S H - M

S

I n

O r g a n

i z a t

i o n s



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ACTION FOR IMPROVEMENTAddresses issues associated with preventive/corrective actions and continual improvement . With the information

obtained from performance monitoring and measurement, investigations, audits, and management review, appropriate preventive/corrective and continual improvement actions can be taken. The notion of continual improvement is a

central distinction in the ILO-OSH 2001

EVALUATIONzAddresses those functions associated with measuring the management systems performance . This

involves the development of performance monitoring and measurement protocols, investigation practices for accidents, auditing methods, and management review arrangements .

PLANNING AND IMPLEMENTING

Addresses those activities associated with the fullfillment of the principles expressed in the OSHpolicy statement . These activities include the intial assessment of OSH arrangements that them supportthe actual system planning, development and implementation functions

ORGANIZINGAddresses the establishment of OSH responsibilities & accountabilities structures , a training system,

competency definitions, documentation practices, and a communication system

POLICY

Include activities related to the development of the organizations OSH policy statement and the structures and practices that insure active and meaningful worker participation in OSH arrangement



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ILO-OSH 2001 (Section Three)

1- POLICY Include activities related to the development of the organizations

OSH policy statement and the structures and practices that insureactive and meaningful worker participation in OSH arrangement

2- ORGANIZING Addresses the establishment of OSH responsibilities &

accountabilities structures, a training system, competencydefinitions, documentation practices, and a communication system

3- PLANNING AND IMPLEMENTING Addresses those activities associated with the fulfilment of the

principles expressed in the OSH policy statement. These activitiesinclude the initial assessment of OSH arrangements that supportthe actual system planning, development and implementation

functions



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Cont

4- EVALUATION Addresses those functions associated with measuring the management systems

performance. This involves the development of performance monitoring and measurement

protocols, investigation practices for accidents, auditing methods, andmanagement review arrangements.

5- ACTION FOR IMPROVEMENT Addresses issues associated with preventive/corrective actions and continual

improvement. With the information obtained from performance monitoring and measurement,

investigations, audits, and management review, appropriate preventive/corrective and continual improvement actions can be taken.

The notion of continual improvement is a central distinction in the ILO-OSH2001



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OHSAS 18000 is an international occupational health and safetymanagement system specification. I t comprises two par ts , 18001 and18002

OHSAS 18001This is the "Occupational Health and Safety Management SystemsSpecification".It was developed in response to urgent demand for a recognized standardagainst which occupational safety management systems can be assessed.It is compatible with ISO 9001 and ISO 14001.

It covers issues such as planning for hazard identification, riskassessment/control, OHS management, awareness and competence, training,communication, emergency preparedness and response, performancemeasuring and improvement

OHSAS 18002

This provides guidelines for the implementation of OHSAS 18001. It explains therequirements of this and how to work towards implementation/registration.

Occupational Health and Safety Assessment Series



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Laws & Regulations

ACTS ?

REGULATIONS & ORDERS ? . subsidiary legislations

ORDINANCE ?

ENACTMENTS ?



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OSHA 1994 FMA 1967 Codes of Practice and Guidelines Petroleum (Safety M easures) Act 1984

Laws & Regulations



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various economic sectors, that are covered by DOSH

1-Manufacturing2-Mining and quarrying3-Construction4-Hotels and restaurants

5-Agriculture, forestry and fishing6-Transport, storage and communication7-Public services and statutory authorities8-Utilities-electricity, gas, water and sanitary9-Trades finance, insurance, real estate and business services10-Wholesale and retail trades



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Vision

To be a dynamic organization that leads the nation in creating a safe and healthywork culture towards enhancing the quality of working life

Objectives

1. To formulate and review policies, legislations, codes of practice and guidelines pertaining to occupational safety, health and welfare as a basis in ensuringsafety and health at work

2. To ensure through enforcement and promotional works that employers, self-employed persons, designers, manufacturers, suppliers, importers andemployees always practice safe and health work culture, and always complywith existing legislation, codes of practice and guidelines.

3. To assist and provide expert services in promotional, training, informationdissemination and research activities organized by government and non-governmental agencies, institutions of higher learning, association ofemployers, workers and professionals in efforts to further upgrade the standardof occupational safety, health and welfare.

Department of Occupational Safety and Health (DOSH)



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Regulation and Orders

OSH (Employers Safety and Health General Policy Statement(Exception)Regulations 1995

OSH (Control of Industrial Major Accident Hazard) Regulations 1996

OSH (Safety and Health Committee) Regulation 1997

OSH (Classification, Packaging and Labeling of Hazardous Chemicals) Regulations

1997OSH (Safety and Health Officer) Regulation 1997

OSH (Use and Standard of Exposure of Chemical Hazardous to Health) Regulations2000

OSH (Safety and Health Officer ) Order 1997

OSH (Prohibition of Use of Substance) Order 1999

OSH (Notification of Accident, Dangerous Occurrence, Occupational Poisoning andOccupational Disease) Regulation 2004.

OSHA 1994 (Act 514)



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Regulation and Rules

FM (Steam Boiler and Unfired Pressure Vessel) Regulation 1970

FM (Electric Passenger and Good Lift) Regulation 1970

FM (Fencing of Machinery and Safety) Regulation 1970

FM (Person In Charge) Regulation 1970

FM (Safety Health and Welfare) 1970

FM(Administration) Regulation 1970

FM(Certificates of Competency Examination) Regulation 1970FM(Notification Certificate of Fitness and Inspection) Regulation 1970

FM(Compoundable Offences) Regulation 1978

FMA 1967 (Act 139)



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Code of Practice on Prevention and Management of HIV/Aids At TheWorkplace (2001)

Code of Practice for Safe Working in A Confined Space (2001)

Code of Practice

Guidelines

Guidelines For Public Safety and Health At Construction Sites

Guidelines On First-Aid In The Workplace (1996)

Guidelines On Occupational Safety and Health In The Office (1996)

Guidelines For The Formulation Of A Chemical Safety Data Sheet (1997)

Guidelines For Labelling Of Hazardous Chemicals (1997)



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Amendment

Petroleum (Safety Measures) (Amendment) 1987Petroleum (Safety Measures) (Amendment) 1991

Petroleum (Safety Measure) 1984 (Act 302)

Regulations

Petroleum (Safety Measures) (Transportation of Petroleum by Water)Regulation 1985

Petroleum (Safety Measures) (Transportation of Petroleum by Pipelines)Regulation 1985



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OSHA 1994 (Act 514)

Application of the law

ManufacturingMining and quarryingConstructionAgriculture, forestry and fishingUtilities (electricity, gas, water and sanitary services)Transport, storage and communication, wholesales and retail tradesHotels and restaurantsFinance, insurances, real estate and business servicesPublic services and statutory authorities

BUT , not applicable to;work on board ships (governed by the Merchant Shipping Ordinance

1952 and The Merchant Shipping Ordinance 1960 of Sabah & Sarawak.)Armed forces



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Arrangement of Sections (OSHA 1994)

PART 1 - PRELIMINARY 1. Short title and application.2. Prevailing laws.

3. Interpretation.4. Objects of the Act.PART II - APPOINTMENT OF OFFICERS 5. Appointment of Officers.6. Appointment of independent inspecting body7. Certificate of authorizationPART III - NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND HEALTH 8. Establishment of the Council.9. Membership of the Council.10. Second Schedule to apply.11. Powers and functions of the Council.12. Appointment of secretary to the Council.13. Committees.14. Annual report.PART IV - GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSONS

15. General duties of employers and self-employed persons to their employees.16. Duty to formulate safety and health policy.17. General duties of employers and self-employed persons to persons other

than their employees.18. Duties of an occupier of a place of work to persons other than his employees.19. Penalty for an offence under section 15. 16. 17 or 18



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PART V - GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND SUPPLIERS

20. General duties of manufacturers, etc. as regards plant for use at work.21. General duties of manufacturers, etc. as regards substances for use at work.22. Explanations to sections 20 and 21.23. Penalty for an offence under section 20 or 21.

PART VI - GENERAL DUTIES OF EMPLOYEES

24. General duties of employees at work.

25. Duty not to interfere with or misuse things provided pursuant to certain provisions.26. Duty not to charge employees for things done or provided .27. Discrimination against employee, etc.

PART VII - SAFETY AND HEALTH ORGANIZATIONS

28. Medical surveillance.29. Safety and health officer30. Establishment of safety and health committee at place of work.31. Functions of safety and health committee.



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PART VIII - NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE, OCCUPATIONALPOISONING AND OCCUPATIONAL DISEASES, AND INQUIRY

32. Notification of accidents, dangerous occurrence, occupational poisoning andoccupational diseases, and inquiry.

33. Director General may direct inquiry to be held.34. Power of occupational safety and health officer at inquiry.

PART IX - PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE

35. Power to prohibit the use of plant or substance36. Aggrieved person may appeal

PART X - INDUSTRY CODES OF PRACTICE

37. Approval of industry codes of practice.38. Use of industry codes of practice in proceedings.



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PART XI - ENFORCEMENT AND INVESTIGATION

39. Powers of entry, inspection, examination, seizure, etc.40. Entry into premises with search warrant and power of seizure.41. Entry into premises without search warrant and power of seizure.42. Power of forceful entry and service on occupier of signed copy of list of things seized from premises.43. Further provisions in relation to inspection.44. Power of investigation.45. Power to examine witnesses.

46. Employer, etc., to assist officer.47. Offenses in relation to inspection.48. Improvement notice and prohibition notice.49. Penalty for failure to comply with notice.50. Aggrieved person may appeal.



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PART XII - LIABILITY FOR OFFENSES

51. General penalty.52. Offenses committed by body corporate.53. Offenses committed by trade union.54. Offenses committed by agent.55. Defence.56. Body corporate or trade union liable to fine.57. Aiding and abetting.

58. Safeguards against further personal liability.59. Civil liability not affected by Parts IV, V and VI.60. Onus of proving limits of what is practicable.61. Prosecutions.62. Compounding of offenses.

PART XIII - APPEALS

63. Appeal committees.64. Powers of appeal committee.65. Decision of appeal committee.



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PART XIV - REGULATIONS

66. Regulations.

PART XV - MISCELLANEOUS

67. Duty to keep secret.

SCHEDULES



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PART V: DUTI ES OF DESI GNERS, M ANUFACTURERS,I M PORTERS AND SUPPL I ERS OF PL ANT

Ensure plant is designed and constr ucted to be safe whenproper ly used.Test and examine plant before i t i s used.Provide inf ormation for safe use.Designers and manufacturers of plant must ensure researchand mini mize r isks.Persons who erect or instal l plant to ensure i t can be usedsafely.

PENALTYRM 20,000 or 2 years jail or

both.7

37Ghazi FaisalNajmuldeen


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PART VI : DUTI ES OF EM PL OYEES

Reasonable care of self and others.Responsible CareIt is an initiative of the chemical industry and adopted by chemicalcompanies to improve continuous HSE performance of their operationsand products in manner responsible to the concern of the public

Cooperate to help others discharge their

duties.Use protective equipm ent or clothingprovided.Com ply with instructions or m easuresmade in accordance w ith OSH legislation.Not to interfere or m isuse things done inaccordance w ith OSH legislation.

PENALTYRM 1,000 or 3 months jail or both.



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PART VI I : M EDI CAL SURVEI L L ANCE

M edical sur veil lance and examination, not includingmedical tr eatment of preventive in character , for employeesto be conducted by the employer .

PART VII: SAFETY HEALTH OFFICERS

Occupiers in specif ied industr ies to employ competentSH O at place of work.

PART VII: SAFETY AND H EALTH COM MITTEESCompulsory for employees of 40 or more

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Ghazi FaisalNajmuldeen


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PAR T VIII: NOTIFICATION OF ACCIDENTS,DANGEROU S OCC URR ENCES, OCC UPATIONAL

POISONING , DISEASES AND INJURY

Employer shal l noti fy the nearest DOSH off ice of any

Accident,

Dangerous occur rence,Occupational poisoningOccupational disease whi ch has occur red or l ikely tooccur at the place of work.

10



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Objects of the Act

(a) to secure the safety, health and welfare of persons at workagainst risks to safety or health arising out of the activities of

persons at work;

(b) to protect person at a place of work other than persons at workagainst risks to safety or health arising out of the activities ofpersons at work;

(c) to promote an occupational environment for persons at workwhich is adapted to their physiological and psychological needs;

(d) to provide the means whereby the associated occupationalsafety and health legislations may be progressively replaced by asystem of regulations and approved industry codes of practiceoperating in combination with the provisions of this Act designed to

maintain or improve the standards of safety and health.41Dr. Ghazi Faisal

Najmuldeen FKKSA


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Group Discussion [student activity]

Students are grouped into 9.

A copy of OSHA 1994 will be provided and each group will read a set ofsections from this act that being selected and assigned to them a week prior topresentation.

Each group was given seven minutes maximum to present their discussionoutcomes on the next following week.

Discussion outcomes need to be displayed on mahjong paper (provided).



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THANK YOU



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Q&A

46Dr. Ghazi Faisal

Chapter 2 - Laws & Regulations Sem11314

Documents

Transcript of Chapter 2 - Laws & Regulations Sem11314