SHE Laws Construction (080715)
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Transcript of SHE Laws Construction (080715)
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LEGAL REQUIREMENTS
(Safety and Health in Construction)
AUTHORITIES
ACTS
Key Governing Laws AndAuthorities
Department of OccupationalSafety and Health (DOSH)
OccupationalSafety and
Health
Act 514
(OSHA 1994)
Factoriesand
Machinery
Act 139
(FMA 1967)
Construction IndustryDevelopment Board (CIDB)
CIDB Act 520
(2011)
BOMBA
Fire Services
Act 341
(1988)
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Occupational Safety and Health Act 1994 (OSHA 1994)
Regulations Penalty
Duties of EmployersSection 15 : General Duties of Employers to Employees
Ensure as far as practicable the safety, health and welfare of employees by:
Providing & maintaining plant and work systems that are safe and
without risks to health
Ensuring that operation, handling, storage and transport of plants and
substances are safe. Providing instruction, training and supervision
Maintaining in good condition a site with safe access and egress
Providing a working environment that is adequate, safe and withouthealth risks.
Fine RM 50k
or
2 years in prisonor
both
Section 16 : Duty to Formulate Safety & Health Policy
Prepare a written statement policy of his organization regarding safetyand health at work.
Provide arrangements to carry out policy
Announce revisions
Fine RM50k
or2 years in prison
or
both
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Regulations Penalty
Section 17 : Duty to Persons other than their Employees. Ensure that other persons apart from his employees are not exposed to
safety & health risks
Inform these other persons of the risks in safety and health associated
with his project.
Fine RM50kor
2 years prison
or
both
Section 24 : Duties of Employees Working in a safe manner
Cooperate with employer
Wears provided PPE (if necessary)
Follow the safety and health instruction or order
Fine 1kor
3 months in prison
or
both
Section 25 : Not to Interfere
Not to intentionally, recklessly or negligently interfere with anythingrelated to Safety, Health and welfare
Fine RM20k
or2 years in prison or
both
Occupational Safety and Health Act 1994 (OSHA 1994)
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Occupational Safety and Health Act 1994 (OSHA 1994)
Regulations Penalty
Section 27 : Discriminate against Employees Shall not dismiss employee if he complains about work which is unsafe
and a risk to health
If he is a member of the SHE Committee and exercises his duties
Fine RM 10kor
1 year in prisonor
both
Section 28 : Medical Surveillance
DOSH may require employer to conduct medical surveillance and medical
examinations by person/s registered with DOSH if there are any cases of
illness and risk of injury to health. Examples of activities such as
Handling or exposure to tar, bitumen
Exposure to x-rays or other radioactive substances or other forms of
radiant energy Activities carried out in compressed air
Fine up to RM5kor
6 months prisonor
both
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Occupational Safety and Health Act 1994 (OSHA 1994)
Regulations Penalty
Section 29 : Safety and Health Officer Shall employ a competent person as Safety and Health Officer at the
place of work.
The Safety and Health Officer must be trained and qualified by DOSH.
Any construction works with total contract price > RM 20 million must
employ SHO. Example such as construction, structural alteration,
maintenance of building, demolition.
Fine up to RM5kor
6 months prisonor
both
Section 30 : Safety & Health Committee
Shall establish a Safety & Health Committee if there are more than 40
employees at place of work or if DOSH instructs to do so.
Employer to consult and co-operate with the Safety & Health Committee
on arrangements and measures to ensure safety & health andeffectiveness of such measures at the place of work.
Fine up to RM 5kor
6 months prisonor
both
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Occupational Safety and Health Act 1994 (OSHA 1994)
Regulations Penalty
Section 32
Notification of accidents,
dangerous occurrence, occupational
poisoning and occupational diseases.
An employer shall notify the nearest DOSH
officer of any accident, dangerous
occurrence, occupational poisoning or
occupational disease.
Section 51
Fine not exceeding RM 10,000
or
not exceeding 1 year in prison
or
both
and
RM 1,000/day for continuing offence
Section 48Improvement notice and
prohibition notice
DOSH can issue Prohibition notice or
Improvement notice to person in charge of aplace of work requiring him/her to improve
safety & health at the particular place of
work.
Section 49
Fine not exceeding RM 50,000
or
not exceeding 5 years in prisonor
both
and
RM 500/day for continuing offence
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Factories and Machinery Act 1967 (FMA 1967)
Regulations Penalty
Section 19Certificate of fitness
No person shall operate or cause or permit to
be operated any machinery in respect of which
a certificate of fitness is prescribed. Example
such as cranes, sky-lift, air compressors.
Fine of not exceeding RM 150,000
or
to imprisonment for a term not exceeding 3 years
or
to both.
Section 20Duties of persons employed
No person employed in any place where
machinery is installed shall willfully
Interfere with anything provided for the
safety, health & welfare. And without reasonable excuse cause or to
be likely to cause injury to himself or others
or damages.
Sub-section 51(2)(3)
Fine not exceeding RM 50,000
or
to imprisonment for a term not exceeding 1 year
orto both
and
RM 2,000/day for continuing offence
.
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Factories and Machinery Act 1967 (FMA 1967)
Regulations Penalty
Section 22Provisions related to health
Every place of work shall be Kept clean and free from offensive effluvia
Not congested/overcrowded
Adequately ventilated
Maintained with suitable temperature
Sufficiently and suitability lighted
Provided with sufficient and suitable sanitary convenienceOccupier shall reduce the possibility of injury to the health of person
employed or the public.
Sub-section 51(2)(3)
Fine not exceeding RM 50,000
or
to imprisonment for a term not
exceeding 1 yearor
to both
and
RM 2,000/day for continuing
offence
Section 25Provisions related to welfare
The following welfare provisions shall be provided at place of work
Adequate & suitable place to keep clothing when not worn during
working hours
Adequate supply of safe and wholesome drinking water
Adequate & suitable facilities for washing
Readily accessible first aid box or cupboard. If more than 150
persons are employed at any one time, a suitable first aid room
shall be provided.
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Factories and Machinery Act 1967 (FMA 1967)
Regulations Penalty
Section 26Training and supervision of
inexperienced workersNo person shall be employed at any machine or in any
process liable to cause bodily injury, unless he has been
fully trained on the dangers likely to arise, safe work
method and work under adequate supervision by a
person who has knowledge and experience of the
machine or process.
Sub-section 51(2)(3)
Fine not exceeding RM 50,000or
to imprisonment for a term not exceeding
1 year
or
to both
andRM 2,000/day for continuing offence
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Factories and Machinery Act 1967 (FMA 1967)
Regulations Penalty
Section 31Accidents and dangerous occurrence to be
reported
Any incident which;
Causes loss of life
Causes serious bodily injury
Causes bodily injury the prevented any person from
following his normal occupation for more than 3 clear daysexcluding the day of the accident
Causes serious damage to machinery or other property
Any dangerous occurrence
Shall be reported to DOSH by the quickest means available.
Sub-section 51 (1)
Fine of not exceeding RM 100,000or
to imprisonment for a term not
exceeding 2 years
or
to both.
Sub-section 35 (1)Building Operations or works of
engineering construction
Every person who undertakes any building operations or
works of engineering construction shall notify DOSH not later
than 7 days from the commencement of those operations.
Sub-section 51(2)(3)
Fine not exceeding RM 50,000or
to imprisonment for a term not
exceeding 1 year
or
to both and
RM 2,000/day for continuing offence
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Factories and Machinery Act 1967 (FMA 1967)
Regulations Penalty
Sub-section 39Moving or alteration of or addition
to machinery to be approved
No person shall move, alter or add to or cause to be
moved, altered or added to, any machinery which is
installed for use if the effectiveness of any fencing
or any safety appliances is affected by the moving,
alteration or addition, unless he has received in
writing approval from DOSH.
Sub-section 51(1)
Fine not exceeding RM 100,000
or
to imprisonment for a term not exceeding 2
years
or
to both.
Sub-section 40(4)Periodical inspections (by
DOSH)
DOSH can serve improvement or prohibition
notice/s on the occupier if in their opinion that there
is/are immediate danger/s to life or property.
Sub-section 51(4)
Fine not exceeding RM 250,000
or
to imprisonment for a term not exceeding 5
years
orto both.
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Factories and Machinery Act 1967 (FMA 1967)
Regulations Penalty
Section 50 (3) - Offences
Whenever it is proved to the satisfaction of a court that a contravention of this Act, has been committed
by any person other that the occupier or owner of the factory/work site or machinery in respect of which
the contravention has been committed, the owner or occupier as the case may be shall also be held
liable for that contravention, unless he shall prove to the satisfaction of the court that the same was
committed without his knowledge or consent and that he had taken all reasonable means to prevent the
same and to ensure observance of this Act.
Section 57
The Minister 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 if there are cases of illness, risk
of injury to health or persons below 18 years are or areabout to be employed, which may cause risk of injury to
health.
Sub-section 51(2)(3)
Fine not exceeding RM 50,000
or
to imprisonment for a term not exceeding 1
year
orto both and
RM 2,000/day for continuing offence
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Factories and Machinery (Building Operations and Works of
Engineering Construction)(Safety) Regulations 1986
Regulations
Provides the need of every contractor and employer to ensure the following
Safety measures are provided to prevent hit by public vehicular traffic, drowning, slipping, tripping,
cutting, electrical hazards, exposure to dust, gases & corrosive substance,
Safety measures for the safe use of power tools, storage of materials & equipment, stability of
structure, access to workplace, Illumination of passageways (> 50 lux),
To provide personnel protective equipment such as safety helmet, waterproof boots/coat/hat, gloves,mask, respirators, full body harness, ear plugs etc.
Main contractor shall appoint Site Safety Supervisor
Every sub-contractor who employs > 20 persons to carry out work within the worksite shall appoint
shall appoint part-time contractors safety supervisor.
Safety committee shall be established and meeting held on monthly basis.
Note: Above are extracts from particular legal requirements. For full details, please refer to latest
Factories & Machinery Act 1967, available at QSHE Resource Centre or one can download from DOSH
website (www.dosh.gov.my)
http://www.dosh.gov.my/http://www.dosh.gov.my/ -
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Factories and Machinery (Building Operations and Works of
Engineering Construction)(Safety) Regulations 1986
Regulation
Provides the need of every contractor and employer to ensure the following
Concrete work
Formwork and re-shores shall be certified safe by PE
Designated person shall supervise the erection of the formwork, inspect and keep records.
Formwork shall be designed by PE if, Floor to ceiling heights > 9.14 m
Loads on formwork > 732.2 kgf/m2
Note: PE shall supervise the construction.
Stripping shall be done upon approval by PE
Note: Above are extracts from particular legal requirements. For full details, please refer to latestFactories & Machinery Act 1967, available at QSHE Resource Centre or one can download from DOSH
website (www.dosh.gov.my)
http://www.dosh.gov.my/http://www.dosh.gov.my/ -
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Factories and Machinery (Building Operations and Works of
Engineering Construction)(Safety) Regulations 1986
Regulations
Safety measures for the followings are also provided under this regulation.
Note: For details, please refer to latest Factories & Machinery Act 1967, available at QSHE ResourceCentre or one can download from DOSH website (www.dosh.gov.my)
Penalty for contravening any provisions shall be liable to a
fine not exceeding RM 2,000
Structural Steel and Precast Concrete Assembly
Cleaning, Repairing and Maintenance of Roof, Gutters,
Windows, Louvres and Ventilators
Catch platforms
Chutes, Safety Belts and nets
Runways and ramps
Ladders and Step-ladders
Scaffolds
Demolition
Excavation work
Material Handling and Storage,
Use and Disposal
Piling
Blasting and Use of Explosives
Hand and Power Tools
http://www.dosh.gov.my/http://www.dosh.gov.my/ -
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Regulations Penalty
Duties of Contractors
Section 25 : Registration - All contractors must register with CIDB who willaccredit the contractor and impose conditions as it sees fit.
Section 29 : Registration- Any person who fails to register with CIDB shall be
guilty of an offence.
Fine min RM 10K up
to max RM100k
Section 30 : Notice to unregistered contractors- CIDB will issue a Notice to
stop construction works to unregistered contractors. Failure to comply with theNotice shall be liable to a fine.
Fine RM 5k and up
to RM 1k per day for
continuing offence
CIDB Act 520
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Regulations Penalty
Section 32: Registration of Personnel- All persons engaged as a constructionpersonnel must be registered with the Board as per Schedule 3 of the Act. Failure
to comply is an offence.
Accreditation- all skilled construction workers (Eg. bar bender, concretor,
welder, construction plant operator) and construction site supervisors must be
accredited and approved by CIDB. Failure to comply by the person and
employer is an offence.
Fine up to RM5k
Fine up to RM5k /
each
Section 33: Accreditation of training institute and construction materials
Training Institutions- CIDB may accredit training institutions and issue
certificates
Construction materials- CIDB will certify Construction Materials (Eg. scaffold,
Portland cement, hydraulic cement, hot rolled steel bar) which is listed inSchedule 4 of the Act. Failure to comply is an offence.
Notice on Non Certified MaterialCIDB will issue Notice to cease using non
certified material. Failure to comply is an offence.
Fine min RM 10K up
to max RM500k
Fine RM 50K and up
to RM 500 per day
for continuing
offence
CIDB Act 520
CIDB A t 520
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CIDB Act 520
Regulations Penalty
Section 34: Obligations of Contractor(must be read in conjunction with
Section 39A)
Levyno amendment introduced
Duty of contractor submit relevant documents to CIDB, ensure
construction works comply with regulations and ensure that the building
and construction works will not cause risk or injury to any person,
buildings, roads or natural formation in the vicinity during and post
construction.
Breach of duty CIDB will engage relevant specialist to investigate in
matters related to safety of buildings. When there is a breach of duty the
contractor will be penalized. If the contractor does not comply withCIDBs
directive within the specified time frame an additional fine is imposed
Death caused by breach of duty If death is the result of the
contractor doing any rash or negligent act considered as Breach of Duty,the contractor will be punished under the Penal Code as not amounting to
Culpable Homicide.
Construction SitePerson controlling construction site has to ensure that
site access and egress is safe and not harmful to health. Failure to
comply is an offence
RM 50K or 4 x levy
amount
Fine up to RM500k
RM10k per day
Fine up to RM500k
or 2 years prisonor both
Fine up to RM50k
or 2 years prison
or both
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CIDB Act 520
Regulations
Section 39A: Offences by corporate bodies etc. Any director, manager, secretary, officers responsible for the management of the body
corporate may be charged severally or jointly with the body corporate. If the body
corporate is found guilty, the aforementioned person(s) (who is/are charged together
with the body corporate) shall also be deemed to be guilty unless he can prove the as
following.- that the offence was committed without his knowledge, consent or connivance;
and
- that he took all reasonable precautions and had exercised due diligence to prevent
the commission of the offence.
Fi S i A t 1988
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Regulations Penalty
Section 8 : Fire-hazard abatement notice
BOMBA may serve notice to occupier or owner of anypremises requiring him to abate fire hazard.
Fine not exceeding RM 5,000 or
to imprisonment for a term not exceeding 3
years or
to both and
RM 100/day for continuing offence
Section 13 : Closing order
If the occupier to owner of any premises fail to abate
fire hazard, BOMBA may apply a court order for
closing order.
Fine not exceeding RM 5,000 or
to imprisonment for a term not exceeding 3
years or
to both and
RM 100/day for continuing offence
Fire Services Act 1988(all amendments up to 01/01/2006)
Fi S i A t 1988
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Regulations Penalty
Section 28 : Requirement of fire certificate
Every designated premises shall require a fire
certificate.
The above requirements excludes public religious
worship and house occupied as a single private
dwelling.
Fine not exceeding RM 5,000 or
to imprisonment for a term not exceeding 3
years or
to both
Section 57 : Offences of body corporate
Where an offence under this Act committed by a body corporate is proved to have been committed with
the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager,
secretary, or other similar officer of the body corporate, or any person purporting to act in any such
capacity, he as well as the body corporate shall be guilty of that offence
Fire Services Act 1988(all amendments up to 01/01/2006)
LEGAL REQUIREMENTS
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LEGAL REQUIREMENTS
(Safety and Health in Construction)
SUGGESTED COMPLIANCE
MEASURES(non-exhaustive)
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Occupational Safety and Health Act 1994 (OSHA 1994)
Suggested Compliance Measures (non-exhaustive)
Duties of Employers
Section 15 : General Duties of Employers to Employees Establish management system and review for continuous improvement
Employ competent and trained personalscaffolder, crane operator etc.
Provide adequate trainingsinduction program, method statement, competency, HIRADC, S&H
Committee, Work At Height etc.
Ensure effective supervision
Establish effective maintenance programspreventive maintenance
Ensure continuous housekeepingdedicated housekeeping team
Periodic inspections and auditinternal, 3rd party
Assign roles and responsibilities to every level in the organizationsdocumented and measured
Top/Senior management to actively participate and involve in ensuring OSH management.
Ensure adequate, suitable and safe plants, machinery, tools and equipment are made available. Employ dedicated team to manage S&H at work site
Welfare facilities
Etc.
Section 16 : Duty to Formulate Safety & Health Policy
Ensure policy remains valid and the contents are clearly communicated and understood by all.
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Suggested Compliance Measures (non-exhaustive)
Section 17 : Duty to Persons other than their Employees. Conduct induction programs for visitors, sub-contractors, authorities etc.
Put up adequate and effective signage to alert and warn visitors, sub-contractors, public
Escort visitors inside work site
Provide dedicated and safe pedestrian walkway, traffic diversion etc.
Section 24 : Duties of Employees Avoid taking short cut
Be aware and abide by the safe work method
Do not horseplay
Discuss with employer to work safely.
Etc.
Section 25 : Not to Interfere Conduct awareness programs for all
Supervise work and worksite to prevent unsafe acts
Act against habitual unsafe acts
Occupational Safety and Health Act 1994 (OSHA 1994)
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Occupational Safety and Health Act 1994 (OSHA 1994)
Suggested Compliance Measures (non-exhaustive)
Section 27 : Discriminate against Employees
Consult employees in the development and implementation of safe work methods.
Section 30 : Safety & Health Committee
Suitable and adequate employer, employee and sub-contractor reps must be represented.
Committee to perform the following functions- Develop and review S&H measures
- Carry out studies on incident trends and recommend improvements
- Inspect work site at least every 3 months and recommend improvements
- Investigate incidents, unsafe acts/conditions
Hold meeting at least once in every 3 months or as sooner to commensurate the risk (KVMRT
requirements is for meetings to be held every month)
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Occupational Safety and Health Act 1994 (OSHA 1994)
Suggested Compliance Measures (non-exhaustive)
Section 32
Notification of accidents, dangerous occurrence, occupational poisoning andoccupational diseases
Any incident that results in death, serious bodily injury which prevents a person from following
his normal occupation for > 4 calendar days, dangerous occurrence must be notified to DOSH
by the quickest means available followed by official reporting using form JKKP 6.
Any cases of occupational poisoning and disease shall also be reported to DOSH using form
JKKP 7.
All accidents, dangerous occurrence, occupational poisoning and occupational diseases
occurred during particular calendar year (1st January until 31st December) shall be recorded
using form JKKP 8 and submitted to DOSH by 31st of January the following year.
Section 48
Improvement notice and prohibition notice Comply with the requirement as stated in notice/s and seek follow up inspection from DOSH
before proceeding to work.
Factories and Machinery Act 1967 (FMA 1967)
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Factories and Machinery Act 1967 (FMA 1967)
Suggested Compliance Measures (non-exhaustive)
Section 19
Certificate of fitness Inspect plants and machinery such cranes, sky-lift, air compressors to ensure PMA and PMT
certificates are available and valid.
Section 20Duties of persons employed
Conduct awareness programs for all
Supervise work and worksite to prevent unsafe acts
Act against habitual unsafe acts
Factories and Machinery Act 1967 (FMA 1967)
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Factories and Machinery Act 1967 (FMA 1967)
Suggested Compliance Measures (non-exhaustive)
Section 22
Provisions related to health Dedicated housekeeping team to ensure work site housekeeping are maintained at all time.
Provide dedicated toilets for males and females.
Maintenance of portable toilets, rest area
Provide adequate industrial fans at work site & rest area, ventilation fans for confined area
Provide adequate fluorescent lights, task lights, spot lights
Job rotation to ensure workers get sufficient rest Periodic health screening to gauge workers health condition
Proper manpower deployment planning to avoid congestion
Periodic pest control exercise
Factories and Machinery Act 1967 (FMA 1967)
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Factories and Machinery Act 1967 (FMA 1967)
Suggested Compliance Measures (non-exhaustive)
Section 26Training and supervision of inexperienced workers
Employ competent/trained persons
Conduct induction program
Conduct method statement c/w JSA training
Buddy with suitably experienced partner
Supervise the work
Factories and Machinery Act 1967 (FMA 1967)
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Factories and Machinery Act 1967 (FMA 1967)
Suggested Compliance Measures (non-exhaustive)
Section 50 (3) - Offences Establish S&H Management system
Assign roles and responsibilities to every level in organization
Establish procedures and work instructions to manage S&H.
Conduct briefings/trainings, periodic inspections/audits, SHE committee meetings, campaigns etc.
Provide adequate and suitable health and welfare facilities and maintain
All levels of management to actively participate and involved in S&H programs. Promptly act on S&H issues raised and keep record
Monitor and measure S&H performance and review to continuously improve
Keep records of all inspections, audits, meeting minutes, health surveillance, HIRADC/JSA review,
method statement briefings, tool box briefings, trainings, performance measurement etc.
Fire Services Act 1988
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Suggested Compliance Measures (non-exhaustive)
Section 57 : Offences of body corporate
Assess fire risk at work site according to construction phase
Implement adequate fire prevention measures such as use of fire blanket, handling and storage of
flammable substances, flashback arrestor and non-return valve for oxy-acetylene cylinders, proper
housekeeping, management of scheduled waste, appointment of fire watcher/warden,
Install adequate and suitable fire fighting equipment such as fire extinguishers, fire blanket
Establishing of Emergency Response Team c/w periodic trainings, drills etc.
Fire Services Act 1988(all amendments up to 01/01/2006)
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LEGAL REQUIREMENTS
(Environment in Construction)
Key Governing Laws And Authorities
Department ofEnvironmental (DOE)
- Environmental QualityAct 1974 (EQA 1974)
- DEIA Approval
Condition
Department of Irrigation& Drainage (DID)
- Street, Drainage andBuilding Act 1974
Local Authority
- Local Government Act1976
- Town and Country
Planning Act 1976
AUTHORITIES
ACTS
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Environmental Quality Act 1974 (ACT 127)
Act Penalty
Section 22 :Restrictions on Pollution of the Atmosphere
Presume to emit, discharge or deposit any environmentally hazardous
substances, pollutants or wastes into the atmosphere if
Placed any matter in a place where it may be released into the
atmosphere;
Causes or permitted the discharge of odours which by virtue of their
nature, concentration, volume or extent are obnoxious or offensive;
Burned any wastes of the trade, process or industry; or
Used any fuel burning equipment not equipped with any device or
control equipment required to be fitted to such equipment
Fine RM 100k
or
5 years imprison
or
both
and to
Further fine RM
1k/day
Section 23 : Restrictions on Noise Pollution
Shall not emit or cause or permit to be emitted any noise greater in
volume, intensity or quality
Fine RM 100k
or
5 years imprisonor
both
and to
Further fine RM
500/day
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Act Penalty
Section 24 : Restrictions on Pollution of the SoilPresume to pollute or cause or permit to be polluted any soil or surface of
any soil of any land if
Placed in or on any place where it may gain access to any soil any
matter whether liquid, solid or gaseous; or
Established on any land a refuse dump, garbage tip, soil and rock
disposal site, sludge deposit site, waste-injection well or otherwise usedland for the disposal of or a repository for solid or liquid wastes so as to
be obnoxious or offensive to human beings or interface with
underground water or detrimental to any beneficial use of the soil or the
surface of the land
Fine RM 100k
or
5 years imprison
or
both
and toFurther fine RM
1k/day
Environmental Quality Act 1974 (ACT 127)
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Act Penalty
Section 25 : Restrictions on Pollution of the Inland WaterPresume to emit, discharge or deposit any environmentally hazardous
substances, pollutants or wastes into any inland waters if
Placed any wastes in or on any waters or in a place where it may gain
access to any waters;
Placed any wastes in a position where it falls, descends, drains,
evaporates, is washed, is blown or percolates or us likely to fall,descend, drain evaporate or be washed, be blown or percolated into any
waters, or knowingly or through his negligence, whether directly or
indirectly, causes or permits any wastes to be places in such a position;
or
Caused temperature of the receiving waters to be raised or lowered by
more than the prescribed limits
Fine RM 100kor
5 years imprison
or
both
and to a
Further fine RM1k/day
Environmental Quality Act 1974 (ACT 127)
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Environmental Quality Act 1974 (ACT 127)
Act Penalty
Section 27 : Prohibition of Discharge of Oil into Malaysian Waters Shall not discharge or spill any oil or mixture containing oil into
Malaysian waters
Fine RM 500kor
5 years imprisonor
both
Section 29 : Prohibition of Discharge of Wastes into Malaysian Waters
Shall not discharge environmentally hazardous substances, pollutants orwastes into the Malaysia waters
Fine RM 500k
or5 years imprison
or
both
Section 29A : Prohibition on Open Burning
Shall not allow or cause any fire, combustion or smouldering that occursin the open air and which is not directed through a chimney or stack on
any premises including any land
Fine RM 500k
or5 years imprison
or
both
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Environmental Quality Act 1974 (ACT 127)
Act Penalty
Section 34A : Report on Impact on Environment resulting FromPrescribed Activities
Prescribed activity is any activity that may have significant
environmental impact
A qualified person to conduct an environmental impact assessment and
to submit a report to the Director General
Report shall be in accordance with the guidelines as prescribed by theDirector General
Prescribed activity shall be carry out with compliance with the proposed
measures to be taken to prevent, reduce or control the adverse impact
on the environment that are being incorporated into the design,
construction and operation of the prescribed activity until the report
required is submitted and approved by Director General
Fine RM 500kor
5 years imprison
or
both
and to
Further fine RM1k/day
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Act Penalty
Section 34B : Prohibition Against Placing, Deposit, etc. of ScheduledWastes
Ensure obtain written approval from Director general to:-
Place, deposit or dispose of, or cause or permit to place, deposit or
dispose of, except at prescribed premises only, any scheduled wastes
on land or into Malaysian waters;
Received or send, or cause or permit to be received or sent anyscheduled wastes in or out of Malaysia; or
Transit or cause or permit the transit of scheduled wastes
Fine RM 500k
and
5 years in prison
Section 45 : Compounding of Offences
Delegated Director General or any Deputy Director General, or anyother public officer or any local authority may compound any offence
under EQA 1974 or the regulations made there under
Fine RM 2k
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Regulations Penalty
Regulation 10: Maximum Concentration of Smoke shall not exceed
Ringelmann
Maximum concentration of smoke at or near the final point of emission from
the exhaust pipe into the atmosphere shall not exceed Ringelmann No. 2 of
the Ringelmann Smoke Chart for a continuous period of more than 10
seconds when observed in accordance with the procedure as specified inthe Fourth Schedule
Fine RM 2k
Regulation 11: Maximum Density of Smoke Permitted
The maximum density of some at or near the final point of emission from
the exhaust pipe of any motor vehicle when tested under the free
acceleration test with a smoke meter shall not exceed 50 HSU or otherequivalent smoke units or in percentage (%) or other units.
Environmental Quality (Control of Emission from Diesel
Engines) Regulations 1996
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Regulations Penalty
Regulation 16: Compounding of Offences
Offence consists of any omission or neglect to comply with, or any act done
or attempted to be done contrary to these Regulations may be compounded
under section 45 of the Act
Fine RM 2k
Environmental Quality (Scheduled Wastes Regulations
2005)
E i l Q li (S ) R l i 2009
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Regulations Penalty
Regulation 12: Prohibition against Sewage Discharge through By-PassNo person shall discharge, or cause or permit the discharge of sewage onto
and into any soil, or into any inland waters or Malaysian waters through a
by-pass.Fine RM 100k
or
5 years imprisonor
both
and to a
Further fine RM
1k/day
Regulation 13: Spill or accidental discharge of sewageOwner or occupier of premises shall immediately and not more than six
hours from the time of any spillage or accidental discharge directly or
indirectly onto or into any soil, or into any inland water or Malaysian water
inform the Director General.
Owner or occupier shall to every reasonable extent, contain, cleanse or
abate the spill or accidental discharge of sewageDirector General shall determine the full costs and expenses incurred and
may recover such costs and expenses from the owner or occupier of the
premises.
Environmental Quality (Sewage) Regulations 2009
E i t l Q lit (I d t i l Effl t) R l ti
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Regulations Penalty
Regulation 18: Prohibition against Industrial Effluent or Mixed
Industrial effluent Discharge through by-pass
No person shall discharge, or cause or permit the discharge any industrial
effluent or mixed effluent onto or into any soil, or into any inland waters or
Malaysia waters through by-pass.
Fine RM 100k
or
5 years imprison
orboth
and to a
Further fine RM
1k/day
Regulation 23: Restriction on Discharge or Disposal of Sludge
No person shall discharge, or cause or permit the discharge or disposal of
any sludge generated from any production or manufacturing process, any
industrial effluent treatment system or water treatment plant onto or into any
soil, or surface of any land, or into any inland waters or Malaysian waters
without the prior written permission of the Director General
Environmental Quality (Industrial Effluent) Regulations
2009
E i t l Q lit (Cl Ai R l ti ) 2014
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Regulations Penalty
Regulation 5: Obligation to Notify
An owner or occupier of a premises shall not, without giving prior written
notification to the Director General
Carry out any change in operation of his premises;
Carry out ay work on any premises that may result in a source of
emissions; Construct on any land, any building or premises designed or used for a
purpose that may result in a new source of emission;
Make, cause, or permit to be made any change of, to, or in any plant,
machine, or equipment used or installed at the premises that cause a
material change in the quantity or quality of emission from an existing
source; or Carry out any changes or modification to an existing air pollution control
system.
Fine RM 100k
or
2 years imprison
or
both
Environmental Quality (Clean Air Regulations) 2014
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Detailed Environmental Impact Assessment Approval
Condition
All the penalties / fines in this approval condition is referred back to the Environmental Quality Act
1974 as below:
Regulations Penalty
Regulation 34A: Report on Impact on Environment resulting From
Prescribed Activities
Prescribed activity shall be carry out with compliance with the proposed
measures to be taken to prevent, reduce or control the adverse impact on
the environment that are being incorporated into the design, constructionand operation of the prescribed activity until the report required is submitted
and approved by Director General
Fine RM 100k
or
5 years imprison
or
bothand to
Further fine RM
1k/day
St t D i & B ildi A t 1974
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Street, Drainage & Building Act 1974
Regulations Penalty
Section 44: Duty Of Owner Or Occupier To Keep Street Clean
The owner / occupier of any premises (including land) abutting streets tobe properly swept and cleaned the dust, dirt, ashes and rubbish.
Fine RM 100 / day
Section 47(2): Depositing Dirt On Streets
Shall not places, deposits, drops, leaves building materials, things orsubstances in any public place.
Fine RM 1000
or
RM 2000 for
subsequent caseSection 51: Local Authority May Recover Cost Of Improving And
Making Drains, Etc.
Where local authority has made such drainage, culverts, gutters and
water-course, it may recover the cost from that person
Recover the cost
Section 55(1): Penalty For Making Unauthorized Drains Into Canal Or
Stream
Permission is needed for:
- Makes a drain into any of the drains, canal or stream under control
of local authority
- Closes up stops or deviates any drains
Fine RM 1000
St t D i & B ildi A t 1974
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Regulations Penalty
Section 55(3): Penalty For Making Unauthorized Drains Into Canal OrStream
No trade effluent shall be discharged into any river, canal, stream, pond,
lake, sea, public drain without prior written notice.
Fine RM 1000
Section 70A : Earthworks
Earthworks shall be commenced with the approval by local authority
Fine RM50k or 5
years prison
or both
and to
Further fine
RM500/day
Street, Drainage & Building Act 1974
T & C t Pl i A t 1976
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Town & Country Planning Act 1976
Regulations Penalty
Section 35A: Tree Preservation Order Shall not felling the trees listed underTreepreservationorderwithout
permission
Fine RM 100kor 6 months prison
or both
and
Replant
Section 35H: Prohibition To Fell, Etc., Tree With Girth Exceeding 0.8
m Shall not felling the trees with a girth more than 0.8m even not listed
underTreepreservationorderwithout permission
Fine RM 100k
or 6 months prisonor both
L l G t A t 1976
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Local Government Act 1976
Regulations Penalty
Section 69: Committing Nuisance in Streams, etc.
Shall not commit a nuisance or deposits any filth in or upon the
bank of any stream, channel, public drain or other water-course
within the local authority area.
Fine RM 2000
or 1 year prison
or Both
and to
Further fine RM500/daySection 70: Pollution of Streams with Trade Refuse, etc.
Shall not put, fall or flow the solid or liquid refuse, rubbish or any
other waste in any stream
Shall not flowing the sewage in any stream within the local
authority area.
Fine RM 5000
or 2 year prison
or Both
and to
Further fine RM500/day
LEGAL REQUIREMENTS
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LEGAL REQUIREMENTS
(Environmental in Construction)
SUGGESTED COMPLIANCE
MEASURES
Environmental Quality Act 1974 (ACT 127)
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Environmental Quality Act 1974 (ACT 127)
Act
Section 22 :Restrictions on Pollution of the Atmosphere
To wet the stockpiles and roads or other dry surfaces with water to prevent dust dispersion Toilet facilities must be provided and maintained to prevent odour
Open burning is prohibited
To get the written notification from DOE for fuel burning equipment with fuel consumption of
15kg/hr
To conduct air monitoring regularly
Section 23 : Restrictions on Noise Pollution
To limit the noisy work at daytime only, working at night shall get permit
To construct hoarding or noise barrier where necessary
To use silent type machine for air compressor, generator, etc.
Blasting will use 'controlled blasting method'
To monitor the noise regularly
Section 24 : Restrictions on Pollution of the Soil
Waste to be disposed by licensed contractor to the approved dump site
Scheduled waste will be handled according to Environmental Quality (Scheduled Waste)
Regulations 2005
Environmental Quality Act 1974 (ACT 127)
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Act
Section 25 : Restrictions on Pollution of the Inland Water To have designated waste container or area and disposed frequently to the approved dump
site to avoid it pollute the waters
To provide silt trap and related facilities prior to discharge water from construction site
To conduct water monitoring regularly
Section 27 : Prohibition of Discharge of Oil into Malaysian Waters
Scheduled waste will be handled according to Environmental Quality (Scheduled Waste)
Regulations 2005
Workshop and oil storage will be sited away from water course. If not, oil interceptor will be
provided
Section 29 : Prohibition of Discharge of Wastes into Malaysian Waters
To provide silt trap and related facilities prior to discharge water from construction site
Scheduled waste will be handled according to Environmental Quality (Scheduled Waste)
Regulations 2005
Workshop and oil storage will be sited away from water course. If not, oil interceptor will be
provided
Environmental Quality Act 1974 (ACT 127)
Environmental Quality Act 1974 (ACT 127)
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Environmental Quality Act 1974 (ACT 127)
Act
Section 29A : Prohibition on Open Burning Open burning is prohibited
All wastes will be disposed frequently to the approved dump site to avoid it to be burned.
Section 34A : Report on Impact on Environment resulting From Prescribed Activities
DEIA report must be prepared according toEIAProcedure and Requirements inMalaysia DEIA report will be prepared by the consultant which registered with DOE.
Section 34B : Prohibition Against Placing, Deposit, etc. of Scheduled Wastes
Scheduled waste will be handled according to Environmental Quality (Scheduled Waste)
Regulations 2005
Workshop and oil storage will be sited away from water course. If not, oil interceptor will beprovided
Environmental Quality (Control of Emission from Diesel
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Regulations
Regulation 10: Maximum Concentration of Smoke shall not exceed Ringelmann
To ensure all the machineries is well maintained.
To have visual inspection regularly.
Regulation 11: Maximum Density of Smoke Permitted
To ensure all the machineries is well maintained. To have visual inspection regularly.
Environmental Quality (Control of Emission from Diesel
Engines) Regulations 1996
Environmental Quality (Scheduled Wastes Regulations
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Regulations
Regulation 16: Compounding of Offences
Scheduled waste will be handled according to Environmental Quality (Scheduled Waste)
Regulations 2005
Workshop and oil storage will be sited away from water course. If not, oil interceptor will be
provided
Environmental Quality (Scheduled Wastes Regulations
2005)
Environmental Quality (Sewage) Regulations 2009
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Regulations
Regulation 12: Prohibition against Sewage Discharge through By-Pass
Toilet facilities must be provided and maintained to avoid sewage discharged to any water or
soil.
To conduct water monitoring regularly
Regulation 13: Spill or accidental discharge of sewage
Toilet facilities must be provided and maintained
Any accidental spillage of sewage should be cleaned immediately
Environmental Quality (Sewage) Regulations 2009
Environmental Quality (Industrial Effluent) Regulations
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Regulations
Regulation 18: Prohibition against Industrial Effluent or Mixed Industrial effluent Discharge
through by-pass
To provide silt trap and related facilities prior to discharge water from construction site
To conduct water monitoring regularly
Regulation 23: Restriction on Discharge or Disposal of Sludge To provide silt trap and related facilities prior to discharge water from construction site
Environmental Quality (Industrial Effluent) Regulations
2009
Environmental Quality (Clean Air Regulations) 2014
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Regulations
Regulation 5: Obligation to Notify
Open burning is prohibited
To get the written notification from DOE for fuel burning equipment with fuel consumption of
15kg/hr
Modification on the existing air pollution control is not allowed
Environmental Quality (Clean Air Regulations) 2014
Street Drainage & Building Act 1974
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Street, Drainage & Building Act 1974
Regulations
Section 44: Duty Of Owner Or Occupier To Keep Street Clean
To have designated container & area for waste Housekeeping will be carried out frequently
Lorry will be washed prior to exit to avoid dirt spilled on the street
Dusty access road will be cleaned by power broom or wetted by water bowser frequently
Section 47(2): Depositing Dirt On Streets
To have designated container & area for waste Housekeeping will be carried out frequently
Lorry will be washed prior to exit to avoid dirt spilled on the street
Dusty access road will be cleaned by power broom or wetted by water bowser frequently
Section 51: Local Authority May Recover Cost Of Improving And Making Drains, Etc.
The drainage and related facilities will properly plan through ESCP and constructed with the
concern of relevant authorities
Section 55(1): Penalty For Making Unauthorized Drains Into Canal Or Stream
The drainage and related facilities will properly plan through ESCP and constructed with theconcern of relevant authorities
Street Drainage & Building Act 1974
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Regulations
Section 55(3): Penalty For Making Unauthorized Drains Into Canal Or Stream Water from construction site will be treated with silt trap prior to discharged
Drain to channel the water from silt trap to public drain, canal or stream will be constructed
after authorized by the local authority
To conduct water monitoring regularly
Section 70A : Earthworks
To apply earthwork approval from local authority
To adhere all the approval condition stated in the approval letter issued by local authority
Street, Drainage & Building Act 1974
Town & Country Planning Act 1976
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Town & Country Planning Act 1976
Regulations
Section 35A: Tree Preservation Order Any tree to be cut need to inform/notify the local authority
Section 35H: Prohibition To Fell, Etc., Tree With Girth Exceeding 0.8 m
Any tree to be cut need to inform/notify the local authority
Local Government Act 1976
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Local Government Act 1976
Regulations
Section 69: Committing Nuisance in Streams, etc.
To provide silt trap and related facilities prior to discharge water from construction site
To conduct water monitoring regularly
Section 70: Pollution of Streams with Trade Refuse, etc. To have designated waste container or area and disposed frequently to the approved dump site
to prevent the refuses dumped into the streams
Toilet facilities will be provided and maintained to prevent the sewage flow into the stream
To conduct water monitoring regularly