BKB3533 Chapter 2 Law & Regulations

BKB3533

Chapter 2: Law & RegulationsBy:Dr. Mior Ahmad Khushairi Bin Mohd ZahariLecturer, FKKSA, UMP09-5492837/[email protected]; [email protected] BKB3533OSH in Chemical & Biotechnology Industries

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ContentsOccupational Safety and Health Management System (OSHMS) - ILO-OSHOSHA 1994FMA 1967Codes of practice and guidelines

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Topic outcomes:

Explain the role and function of Occupational Safety and Health Management System (ILO-OSH)Discuss important contents in OSHA 1994Discuss important contents in FMA 1967 (OSH-related)Discuss codes of practice and guidelines related to safety and health matter

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ILO Guidelines on OSHMSProvides a unique international model, compatible with other management system standards and guidesNot legally binding and not intended to replace national laws, regulations and accepted standardsEncourages the integration of OSHMS with other management systemsShould be an integral part of business managementGuidelines on Occupational Safety and Health Management Systems(ILO-OSH 2001) www.ilo.orgPart I

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ILO Guidelines on OSHMSNational levelUsed to establish a national framework for OSH management system preferably supported by national laws & regulationsAction at national level includes the nomination of competent institutions for OSHMSthe formulation of a coherent national policy the establishment of a framework for an effective national application of ILO-OSH 2001, either by means ofits direct implementation in organizations, orits adaptation to national conditions and practice (by national guidelines) and specific needs of organizations in accordance with their size and nature of activities (by tailored guidelines)Guidelines on Occupational Safety and Health Management Systems(ILO-OSH 2001) www.ilo.orgPart I

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ILO-OSH 2001ILO Guidelines on OSH-MSNational Guidelines on OSH-MSTailored Guidelines on OSH-MSOSH-MS in organizationsGuidelines on Occupational Safety and Health Management Systems(ILO-OSH 2001) www.ilo.orgPart I

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ILO Guidelines on OSHMSOrganizational levelStress that compliance to national laws and regulations are the responsibility of the employerEncourage the integration of OSH management system elements into overall policy and management arrangementsStressing the importance that at organizational level, OSH should be a line management responsibility, and should not be seen as a task for OSH departments and/or specialistsGuidelines on Occupational Safety and Health Management Systems(ILO-OSH 2001) www.ilo.orgPart I

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Mechanism on the implementations of OSHMS at Organizational LevelGuidelines on Occupational Safety and Health Management Systems(ILO-OSH 2001) www.ilo.orgPart I

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ILO-OSH 2001 Framework

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Mechanism on the implementations of OSHMS at Organizational LevelGuidelines on Occupational Safety and Health Management Systems(ILO-OSH 2001) www.ilo.orgPart I

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Occupational Health & Safety Assessment SeriesOHSAS 18000 an international occupational health & safety management system specificationBenefitsReduced risk (via improved safety management of health and safety risks) Competitive advantage (via demonstration of commitment to health and safety) Improved performance (via improved operational efficiency through accident management reduction and reduced downtime) Reduced costs (via reduced insurance premiums and compensation/penalties for breached legislation/etc)http://www.osh.net/ohsas-18000.htmPart I

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Occupational Health & Safety Assessment SeriesComprises of two parts 18001 and 1800218001Developed in response to urgent demand for a recognized standard against which occupational safety management systems can be assessedCompatible with ISO 9001 and ISO 14001Covers issues such as planning for hazard identification, risk assessment/control, OHS management, awareness and competence, training, communication, emergency preparedness and response, performance measuring and improvementhttp://www.osh.net/ohsas-18000.htmPart I

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Occupational Health & Safety Assessment Series18002Provides guidelines for the implementation of OHSAS 18001Explains the requirements and how to work towards implementation/registrationhttp://www.osh.net/ohsas-18000.htmPart I

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Laws & RegulationsACTS ?REGULATIONS & ORDERS ?.subsidiary legislationsORDINANCE ?ENACTMENTS ?

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OSHA 1994FMA 1967Codes of Practice and GuidelinesPetroleum (Safety Measures) Act 1984Laws & Regulations

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VisionTo be a dynamic organization that leads the nation in creating a safe and healthy work culture towards enhancing the quality of working life

ObjectivesTo formulate and review policies, legislations, codes of practice and guidelines pertaining to occupational safety, health and welfare as a basis in ensuring safety and health at workTo ensure through enforcement and promotional works that employers, self-employed persons, designers, manufacturers, suppliers, importers and employees always practice safe and health work culture, and always comply with existing legislation, codes of practice and guidelines.To assist and provide expert services in promotional, training, information dissemination and research activities organized by government and non-governmental agencies, institutions of higher learning, association of employers, workers and professionals in efforts to further upgrade the standard of occupational safety, health and welfare.

Department of Occupational Safety and Health (DOSH)

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OSHA 1994ManufacturingMining and quarryingConstruction Agriculture, forestry and fishingUtilities (electricity, gas, water and sanitary services) Transport, storage and communication, wholesales and retail trades Hotels and restaurants Finance, insurances, real estate and business services Public 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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Objectives OSHA 1994to secure the safety, health and welfare of persons at work against risks to safety or health arising out of the activities of persons at work to protect person at a place of work other than persons at work against risks to safety or health arising out of the activities of persons at work; to promote an occupational environment for persons at work which is adapted to their physiological and psychological needs; to provide the means whereby the associated occupational safety and health legislations may be progressively replaced by a system of regulations and approved industry codes of practice operating in combination with the provisions of this Act designed to maintain or improve the standards of safety and health.

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Contents of OSHA 1994 (Act 514)Contain 67 Sections, divided in 15 Parts and appended with three (3) schedulesPart I-III: the objects of the Acts and provide the infrastructure for appointment of officers and the National CouncilPart IV-VI: general duties for those who create the risks e.g. employer, self-employed person, designer, manufacturer, supplier, etc and those who work with the risks i.e employeesPart VII-XV: How the Act is to be implemented and enforcedPart II

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Contents of OSHA 1994 (Act 514)Parts in the ActsPreliminaryAppointment of OfficersNational Council for OSHGeneral Duties of Employers and Self-Employed PersonsGeneral Duties of Designers, Manufacturers and SuppliersPart II

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Contents of OSHA 1994 (Act 514)Parts in the Acts (cont.)General Duties of EmployeesSafety and Health OrganizationsNotification of Accidents Dangerous Occurrence, Occupational Poisoning and Occupational Diseases and InquiryProhibition Against Use of Plant or SubstanceIndustry Codes of PracticePart II

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Contents of OSHA 1994 (Act 514)Parts in the Acts (cont.)Enforcement and InvestigationLiability for OffencesAppealsRegulationsMiscellaneousPart II

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Arrangement of Sections (OSHA 1994)PART 1 - PRELIMINARY1. Short title and application.2. Prevailing laws.3. Interpretation.4. Objects of the Act.PART II - APPOINTMENT OF OFFICERS5. Appointment of Officers.6. Appointment of independent inspecting body7. Certificate of authorizationPART III - NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND HEALTH8. 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 PERSONS15. 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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Arrangement of Sections (OSHA 1994)PART V - GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND SUPPLIERS20. 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 EMPLOYEES24. 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 ORGANIZATIONS28. 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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Arrangement of Sections (OSHA 1994)PART VIII - NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING AND OCCUPATIONAL DISEASES, AND INQUIRY32. Notification of accidents, dangerous occurrence, occupational poisoning and occupational 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 SUBSTANCE35. Power to prohibit the use of plant or substance36. Aggrieved person may appealPART X - INDUSTRY CODES OF PRACTICE37. Approval of industry codes of practice.38. Use of industry codes of practice in proceedings.

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Arrangement of Sections (OSHA 1994)PART XI - ENFORCEMENT AND INVESTIGATION39. 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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Arrangement of Sections (OSHA 1994)PART XII - LIABILITY FOR OFFENSES51. 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 - APPEALS63. Appeal committees.64. Powers of appeal committee.65. Decision of appeal committee.

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Arrangement of Sections (OSHA 1994)PART XIV - REGULATIONS66. Regulations.PART XV - MISCELLANEOUS67. Duty to keep secret.SCHEDULES

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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 1997

OSH (Safety and Health Officer) Regulation 1997

OSH (Use and Standard of Exposure of Chemical Hazardous to Health) Regulations 2000

OSH (Safety and Health Officer ) Order 1997

OSH (Prohibition of Use of Substance) Order 1999

OSH (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease) Regulation 2004.OSHA 1994 (Act 514)

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Factory & Machinery Act 1967 (Act 139)Enacted in 1967, gazetted on Feb 1st, 1970Revised on April 1st, 1974Long Title: An Act to provide for the control of factories with respect to matters relating to the safety, health and welfare of person therein, the registration and inspection of machinery and for matters connected therewithPart IIIhttp://www.dosh.gov.my/Informasi/Akta/AktaKilang&Jentera1.pdf

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Factory & Machinery Act 1967 (Act 139)Consists of 59 Sections in six (6) Parts and appended with three (3) schedulesParts in FMA 1967PreliminarySafety, Health And WelfarePerson In Charge And Certificates Of CompetencyNotification of Accident, Dangerous Occurrence and Dangerous DiseasesNotice of Occupation of Factory, and Registration and Use of Machinery GeneralPart IIIhttp://www.dosh.gov.my/Informasi/Akta/AktaKilang&Jentera1.pdf

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Part IIIFactory & Machinery Act 1967 (Act 139)http://www.dosh.gov.my/Informasi/Akta/AktaKilang&Jentera1.pdf

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Part IIIFactory & Machinery Act 1967 (Act 139)http://www.dosh.gov.my/Informasi/Akta/AktaKilang&Jentera1.pdf

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Factory & Machinery Act 1967 (Act 139) Regulations & RulesFactories and Machinery (Steam Boilers And Unfired Pressure Vessel) Regulations, 1970 Factories and Machinery (Electric Passenger And Goods Lift) Regulations, 1970 Factories and Machinery (Fencing Of Machinery And Safety) Regulations, 1970 Factories and Machinery (Person-In-Charge) Regulations, 1970 Factories and Machinery (Safety, Health and Welfare) Regulations, 1970 Factories and Machinery (Administration) Regulations, 1970 Factories and Machinery (Certificates Of Competency-Examinations) , 1970Part III

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Factory & Machinery Act 1967 (Act 139) Regulations & RulesFactories and Machinery (Notification Of Fitness And Inspections) Regulations, 1970 Factories and Machinery (Compounding Of Offences) Rules, 1978 Factories and Machinery (Compoundable Offences) Regulations, 1978 Factories and Machinery (Leads) Regulations, 1984 Factories and Machinery (Asbestos) Regulations, 1984 Factories and Machinery (Building Operations And Works Of Engineering Construction) (Safety) Regulations, 1986 Factories and Machinery (Noise Exposure) Regulations, 1989 Factories and Machinery (Mineral Dust) Regulations, 1989Part III

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To be continue.

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Codes of Practice & GuidelinesAs listed in DOSH website, there are five (5) Codes of Practice and 43 GuidelinesCodes of PracticeCode Of Practice On Indoor Air Quality, 2005Code Of Practice For Safe Working In A Confined Space, 2001Code Of Practice On Prevention And Management Of HIV/AIDS At The Work Place, 2001Code Of Practice On Prevention And Eradication of Drug,Alcohol And Substance Abusein the Workplace, 2005Code of Practice On Safety Health And Environment For Transportation Sector (SHE Code), 2007Part IVhttp://www.dosh.gov.my/ [go to Legislation]

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Codes of Practice & Guidelines

Guidelines (to name a few)Guidelines for the Formulation of a Chemical Safety DatasheetGuidelines for the Classification of Hazardous ChemicalsGuidelines on the Control of Chemicals Hazardous to HealthGuidelines on OSH (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease) NADOPODGuidelines on the Use of Personal Protective Equipment Against Chemical Hazards

Part IVhttp://www.dosh.gov.my/ [go to Legislation]

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Code Of Practice On Indoor Air Quality, 2005Good IAQ is required for a healthy indoor work environmentHealth problems due to poor IAQ include allergic reactions, respiratory problems, eye irritation, sinusitis, bronchitis and pneumoniaIAQ problems can be due to indoor air pollutants or inadequate ventilationPart IVhttp://www.dosh.gov.my/ [go to Legislation]

http://www.claybennett.com/pages2/air_index.html

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Code Of Practice On Indoor Air Quality, 2005Sources of indoors air pollutantsEnvironmental tobacco smoke (ETS)Various chemical substancesFormaldehyde emitted from furnishingVolatile organic compounds (VOCs) emitted from the use of solventsOzone emitted from photocopiers and laser printers

Part IVhttp://www.dosh.gov.my/ [go to Legislation]

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Code Of Practice On Indoor Air Quality, 2005Apply to all non-industrial places of work in industries listed under Schedule 1 of the Occupational Safety and Health Act 1994 (Act 514)The CodeEstablishes a set of maximum exposure limits for five commonly encountered indoor air contaminants of chemical origin;Describes a mechanism to identify, evaluate and control these indoor air contaminants;Specifies other appropriate occupational safety and health measures; andDoes not apply to indoor air contaminants of biological origin such as mites, viruses and spores.Part IVhttp://www.dosh.gov.my/ [go to Legislation]

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Code Of Practice On Indoor Air Quality, 2005Purpose of COP on IAQto set minimum standards that will protect the health of employees and other occupants of an indoor or enclosed environment served by a common mechanical ventilation and/or air conditioning systemPart IVhttp://www.dosh.gov.my/ [go to Legislation]

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Part IIICode Of Practice On Indoor Air Quality, 2005http://www.dosh.gov.my/ [go to Legislation]

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Code Of Practice For Safe Working In A Confined Space, 2001Intended to cover safe work practice and procedures to protect employees in a place of work from the hazards of entry and working in confined spacesDoes not apply to underground mining or to work in a space at other than atmospheric pressureThe following are some of the typical reasons for entering a confined spaceCleaning such as to remove sludge and other waste materialsInspection e.g. inspection of the physical integrity of process equipmentMaintenance, such as abrasive blasting and application of surface coatingsRepair, including welding and adjustments to mechanical equipmentRescue of workers who are injured or overcome inside the spaceConstruction purposesPart IVhttp://www.dosh.gov.my/ [go to Legislation]

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Code Of Practice For Safe Working In A Confined Space, 2001Examples of confined spacesStorage tanks, tankers, boilers, silos and other tank-like compartment usually having a manhole for entryOpen-topped spaces of more than 1.5 meters in depth such as pits or degreasers, which are not subject to adequate natural ventilationPipes, sewers, tunnels, shafts, and ducts, and similar structuresAny shipboard spaces entered through a small manhole, cargo tanks cellular double bottom tanks, duct keels, ballasts, and oil tanksPart IVhttp://www.dosh.gov.my/ [go to Legislation]

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Purpose to supplement the requirements of Regulation 9 of the Occupational Safety and Health (Classification, Packaging and Labelling) Regulations 1997 [P.U. (A) 143] with respect to the duty of a supplier to furnish an up-to-date Chemical Safety Data Sheet (CSDS) for each hazardous chemical suppliedThe contents are intended to clarify and elaborate on the information stipulated in the regulations which need to be furnished by the supplier in the CSDSPart IVhttp://www.dosh.gov.my/ [go to Legislation]Guidelines for the formulation of chemical safety datasheet

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chemical safety datasheet (CSDS)An up-to-date hand-out or information sheet containing relevant information pertaining to the hazardous chemical or preparation which is vital for establishing arrangements in the safe use of the chemical or preparation at workThe CSDS should be written in layman language, with the objectives to:make users of hazardous chemicals understand safety recommendations and the rationale for these recommendations;create awareness among users of hazardous chemicals of the consequences of failure to comply with the recommendations;ensure that users of hazardous chemicals recognize the symptoms of overexposure; andencourage the users of hazardous chemicals to provide inputs in establishing strategies and recommendations for the safe use of the hazardous chemicalsPart IVhttp://www.dosh.gov.my/ [go to Legislation]

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chemical safety datasheet (CSDS)Part IVhttp://www.dosh.gov.my/ [go to Legislation]

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Guidelines for labeling hazardous chemicalA process where a supplier of hazardous chemicals affix a label onto a packaging containing information about the hazardous chemicals contained within the packagingPart IVhttp://www.dosh.gov.my/ [go to Legislation]

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Part IVGuidelines for labeling hazardous chemicalInformation on a labelthe name of the hazardous chemical in accordance with the internationally recognized nomenclaturethe name, address and telephone number of the supplierthe danger symbol and indication of dangerthe nature of the special risk associated with the use of the chemicalthe safety precautionary measuresThe information required shall be supplied in the national language and Englishhttp://www.dosh.gov.my/ [go to Legislation]

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Part IVhttp://www.dosh.gov.my/ [go to Legislation]Guidelines for labeling hazardous chemical

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Part IVhttp://www4.uwm.edu/usa/safety/general_safety/hazcom/chemical_labeling.cfmhttp://safety.science.tamu.edu/chemlabels.htmlGuidelines for labeling hazardous chemical

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Part IVhttp://www4.uwm.edu/usa/safety/general_safety/hazcom/chemical_labeling.cfmhttp://safety.science.tamu.edu/chemlabels.htmlNFPAWithin each section, a number ranks the degree of hazard0No or minimal hazard1Slight hazard2Moderate hazard3Serious hazard4Extreme hazard

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Part IVhttp://www4.uwm.edu/usa/safety/general_safety/hazcom/chemical_labeling.cfmhttp://safety.science.tamu.edu/chemlabels.htmlHMISIdentical to NFPA developed by the National Paint and Coatings AssociationMajor difference the white "Personal Protection" section which incorporates a letter coding indicating what personal protective equipment should be used when working with the material

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Part IVhttp://www4.uwm.edu/usa/safety/general_safety/hazcom/chemical_labeling.cfmhttp://safety.science.tamu.edu/chemlabels.htmlHMISLetter scheme for Personal Protection sectionAsafety glassesBsafety glasses and glovesCsafety glasses, gloves and an apronDface shield, gloves and an apronEsafety glasses, gloves and a dust respiratorFsafety glasses, gloves, apron and a dust respiratorGsafety glasses, a vapor respiratorHsplash goggles, gloves, apron and a vapor respiratorIsafety glasses, gloves and a dust/vapor respiratorJsplash goggles, gloves, apron and a dust/vapor respiratorKairline hood or mask, gloves, full suit and bootsL-Zcustom PPE specified by employer

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General guidePart IVhttp://www.dosh.gov.my/ [go to Legislation]DescriptionNo. of WorkersNo. of First-AidersWorkplaces with low risk hazards (eg. office)< 20One (1)21-150Two (2)> 150Two (2) for every 150 workers or part thereofWorkplaces with high risk hazards (eg. chemical plants, shipyards, construction sites)< 20One (1) 20One (1) for every 20 workers or part thereofWorkplaces with more than 400 workers> 400two (2) for every 150 workers or part thereof and in addition a state registered nurse or medical assistant must be employed on siteLoggingOne (1) for every tree felling gang [tree feller, tractor driver, wireman, supervisor]

Guidelines on first aid facilities in the workplace

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Training is needed first-aid course conducted by an institution recognized by the Ministry of HealthFRLS Committee, Emergency & Trauma Department, KLGHMalaysian Red Crescent SocietySt Johns AmbulancePart IVhttp://www.dosh.gov.my/ [go to Legislation]

FRLS First Responder Life Support57


First-aid boxMade of sturdy materialBe portable (can be taken to the site of an incident)Clearly marked with a green crescent on a white backgroundPlaced in a clearly identifiable, well illuminated and accessible locationMust be kept locked and the key thereto kept by a responsible person available during all working hoursEmployees should be informed of the location of all first-aid boxesPart IVhttp://www.dosh.gov.my/ [go to Legislation]



First-aid roomTo be provided where there are more than 150 employeesLarge enough to hold a couch and still have space for people to move aboutShould be an emergency lighting in the roomThe walls, floor and ceiling should be of material which does not collect dust and is easily cleanedFloors should be of non-slip materialPart IVhttp://www.dosh.gov.my/ [go to Legislation]



First-aid room (cont.)When choosing a site for a first-aid room, bear in mind the following factors:proximity to toiletsproximity to lifts and main passageways which are wide enough to allow a stretcher, wheelchair or carrying chair throughaccessibility to work areasaccessibility to car park, so as to facilitate transfer of injured persons to an ambulancePart IVhttp://www.dosh.gov.my/ [go to Legislation]


ConclusionsLaws & regulations are made, not to be broken, but to be abide by

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BKB3533 Chapter 2 Law & Regulations

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Transcript of BKB3533 Chapter 2 Law & Regulations