XBRL3103 - Study Guide - OSH Legislation - May2021

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STUDY GUIDE XBLR3103 OSH LEGISLATION

CLUSTER OF APPLIED SCIENCES

BACHELOR OF OCCUPATIONAL
SAFETY AND HEALTH
MANAGEMENT WITH HONOURS

STUDY GUIDE
XBLR3103
OSH Legislation
First Edition

Prepared by: Ir. Nimi Ahmad

Published by: Centre for Instructional Design and Technology


Open University Malaysia

Second Publishing (Uploaded myVLE), May 2021

Copyright © Open University Malaysia (OUM), December 2010, NMNL5103


All rights reserved. No part of this work may be reproduced in any form or by any means
without the written permission of the President, Open University Malaysia.

Version May 2021

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STUDY GUIDE XBLR3103 OSH LEGISLATION

Contents
Course Introduction ...................................................................................... 03
Course synopsis .................................................................................. 03
Course aims......................................................................................... 03
Course outcomes ................................................................................ 04
Course load ......................................................................................... 04

Course Resources and Requirements ........................................................ 06


Set textbook(s) .................................................................................... 06
Essential references ............................................................................ 06
Extra recommended reading ............................................................... 06
MyInspire ............................................................................................. 06
OUM digital library resources .............................................................. 07

Assessment ................................................................................................... 07
Assessment Format ............................................................................ 07
Late submission of assignment(s) ...................................................... 07

Topics ............................................................................................................. 08
Topic 1 Historical Perspective of OSH in Malaysia ......................... 08
Topic 2 Factories and Machinery Act (FMA) 1967 .......................... 10
Topic 3 Regulations under Factories and Machinery Act ………… 13
Topic 4 Occupational Safety and Health Act (OSHA) 1994 ............ 16
Topic 5 OSH (Safety and Health Committee) Regulations 1996 .... 19
Topic 6 OSH (Safety and Health Officer) Regulations 1997 ........... 23
Topic 7 Chemicals Related Regulations under OSHA 1994 ........... 25
Topic 8 OSH (Notification of Accident, Dangerous Occurrence,..... 31
Occupational Poisoning and Occupational Disease)
Regulations 2004
Topic 9 OSH (Noise Exposure) Regulations 2019 …………………35
Topic 10 Petroleum Safety Measures Act 1984 ................................ 38
and Petroleum (Safety Measures) (Transportation
Of Petroleum By Pipelines) Regulations 1985

Assessment Guide ........................................................................................ 43


Assignment ................................................................................................ 43
Do Not Plagiarise....................................................................................... 44
Avoid Plgrism ............................................................................................. 44
Documenting Sources ............................................................................... 44
Referencing ............................................................................................... 45

Appendix A ..................................................................................................... 46
Sample Assignment ................................................................................. 46

Appendix B ..................................................................................................... 47
Learning Support ....................................................................................... 47

Appendix C ..................................................................................................... 48
Study Paths for Success in the Course ................................................ 48

COURSE INTRODUCTION

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STUDY GUIDE XBLR3103 OSH LEGISLATION

COURSE INTRODUCTION

This course introduces learners to the


requirements of the OSH legislations in
Malaysia. It will guide students on the
scope of application of the law as well
as how to interpret the requirements of
the law, to comply with its provisions
and to differentiate the requirements of
various OSH legislations. In addition,
learners will be able to identify the
requirements that are applicable to their
workplaces and to suggest the
necessary action to be taken to comply
with the said requirements. At the end
of the course, learners will be required
to demonstrate their understanding on
OSH legislations by preparing a
workplace assignment relevant to this
subject.

Course Synopsis

In Malaysia, the two main legal references for OSH are the Factories and
Machinery Act (FMA) 1967 (Act 139) and the Occupational Safety and Health
Act (OSHA) 1994 (Act 514). The implementation and application of the Acts
may differ between organisation due to the different work tasks and hazards
faced in the various industries. This module explores on the application of
Occupational Safety and Health (OSH) laws and Regulations at workplace.

Course aims
The course aims of this module are as follows:
1. Introduce learners to the OSH legislations;
2. Develop understanding amongst learners on the difference between
OSHA 1994 and FMA 1967;
3. Equip them with sufficient information related to the provisions of
OSHA
1994 and FMA 1967; and
4. Ensure learners can demonstrate the required knowledge gained on
OSH.
5. legislations at workplaces.

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STUDY GUIDE XBLR3103 OSH LEGISLATION

Course Outcomes
At the completion of this course, it is expected that you will be able to:
1. Explain the legislative requirement in OSH. (C2, PLO1);
2. Develop legal register for an organisation in accordance to
professional, ethical and legal practices. (A3, PLO11); and
3. Analyse the legislative requirement and its liabilities under
Occupational Safety and Health Act (OSHA 1994 & Its Regulations,
Factories and Machinery Act (FMA) 1967 & Its Regulations for an
organisation. (C4, PLO2)

Course Load
It is a standard OUM practice that learners accumulate 40 study hours for
every credit hour. As such, for a three-credit hour course, you are expected to
spend at least 120 hours of learning. Table 1 gives an estimation of how the
120 hours could be accumulated.

Table 1: Allocation of Study Hours

Activities No of Hours
Reading the course guide and completing the exercises 69
Attending 4 tutorial sessions (2 hours for each session) 8
Engage in online discussion 10
Completing assignment 18
Revision 15
Total 120

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STUDY GUIDE XBLR3103 OSH LEGISLATION

It is important to know that this STUDY GUIDE is organised around a number


of TOPICS, LEARNING OUTCOMES, FOCUS AREAS and ASSIGNED
READINGS. This is illustrated in the Figure below.

STUDY GUIDE

TOPICS

LEARNING FOCUS ASSIGNED


OUTCOMES AREAS READINGS

Figure 1: Organisation of the Study Guide

First, to enable you to achieve the three learning outcomes for the course, ten
(10) different TOPICS are included in the Study Guide. Each of these topics is
to be covered in depth, based on readings from the assigned textbook and
supplementary materials for the course. You are expected to spend about 12
hours of learning time on each topic. Ideally, two (2) topics should be covered
during each seminar.

Second, each topic comprises a number of LEARNING OUTCOMES, FOCUS


AREAS and ASSIGNED READINGS. Each topic is guided by topic-related
learning outcomes which essentially tell you what ought to be achieved at the
end of a topic. The focus areas demonstrate sub-topics that are to be learnt,
understood, applied and evaluated through deliberation. Additionally, these
focus areas will be covered in the assignment and the examination for the
course.

Finally, assigned readings cover the core content for each topic: you will have
to read all of what is assigned not only to learn more about various models
and strategies recommended by researchers, but also to make important
decisions about which model applies to your own teaching-learning context.

An important point to be raised here is that while the selected topics for the
course XBLR3103 covers a substantial amount of information, your readings
and deliberations should not be limited to these topics or to the assigned
readings. The assigned readings and the focus areas merely tell you about
core content, representing the minimum amount of information to cover. As in
all graduate courses, a wide selection of readings is recommended for a full
understanding of the area, which is in this case, models and strategies of
instruction used by teachers all over the world. It would be worth your while to
read the recommended texts and to search OUM’s digital library for other
books and articles related to the course.

The pages that follow outline a list of topics and related learning outcomes,
focus areas as well as assigned readings for the course. Throughout the
duration of the course, your course facilitator will use these topics as a guide
for all face-to-face interaction, class participation and group or online

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STUDY GUIDE XBLR3103 OSH LEGISLATION

discussion. At the end of the course, your knowledge and comprehension of


the areas under these topics will be assessed.

COURSE RESOURCES AND REQUIREMENTS

Set textbook(s)
Factories Machinery Act 1967 with Regulations, MDC Publishers Sdn Bhd,
2019.

Occupational Safety and Health Act 1994 and Regulations, MDC Publishers
Sdn Bhd, 2019.

Jabatan Keselamatan dan Kesihatan Pekerjaan. 2005. Garis Panduan


Peraturan Keselamatan dan Kesihatan Pekerjaan (Pemberitahuan
Mengenai Kemalangan, Kejadian Berbahaya, Keracunan Pekerjaan dan
Penyakit Pekerjaan) 2004

Essential references
Lee Mei Pheng. (1997). General Principles of Malaysian Law. Malaysia: Fajar
Bakti
Ir. Harminder Singh. (2004). Decades of Occupational Safety and Health in
Malaysia. Malaysia: NIOSH

Jabatan Keselamatan dan Kesihatan Pekerjaan. 2006. Garis Panduan bagi


Akta Keselamatan dan Kesihatan Pekerjaan 1994.

Petroleum Legislations in Malaysia, ILBS. 2003.

Extra recommended reading


John Toohey, Kerry Borthwick, Richard Archer. (2005). OH&S in Australia: A
Management Guide. Australia: Thomson.
David L. Goetsch. (2019). Occupational Safety and Health forTechnologists,
Engineers, and Managers. 9th ed. United States: Pearson

myInspire
Discussion on-line
Students are required to discuss on-line

Assignment
Students are required to surf the internet, visit OUM digital library resources,
reading the recommended textbooks and journals to complete the
assignments.

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STUDY GUIDE XBLR3103 OSH LEGISLATION

OUM Digital Library Resources


For the purpose of referencing materials and doing library-based research,
OUM has a comprehensive digital library. For this course you may use the
following databases: ProQuest, CINAHL Plus, Springer Link and InfoSci
Books. From time to time, materials from these databases will be assigned for
additional reading and activities.

ASSESSMENT
Assessment format

Refer to myInspire.

Late submission of assignment(s)


Failure to submit an assignment by the due date without the granting of an
official extension of time by your course tutor will incur a penalty.

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STUDY GUIDE XBLR3103 OSH LEGISLATION

Topics
Topic 1: HISTORICAL PERSPECTIVE OF OSH IN
MALAYSIA

Learning outcomes
At the end of this course, learners will be able to:
1. Discuss the concept of Law in Malaysia;
2. Discuss the evolution of OSH Act; and
3. Discuss the history of OSH Legislations in Malaysia.

Focus Area Assigned Readings

1.1 What is Law? Unit 1 Historical Perspective of OSH in


Malaysia
1.2 Sources of Malaysian
Law
What is Law?
• Definition
1.3 History of OSH
• Aim of Law
• Law in Malaysia
1.4 History of OSH in
Malaysia * Lee Mei Pheng. (1997). General
Principles of Malaysian Law.
Malaysia: Fajar Bakti

Sources of Malaysian Law


• Classification of Malaysian
Law
• Statutory Law
• Common Law
* Lee Mei Pheng. (1997). General
Principles of Malaysian Law.
Malaysia: Fajar Bakti

History of OSH
• A Quick History
• Early OSH Legislation
• Robens Legislation
* John Toohey, Kerry Borthwick, Richard
Archer. (2005). OH&S in Australia: A
Management Guide. Australia:
Thomson.

History of OSH in Malaysia

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STUDY GUIDE XBLR3103 OSH LEGISLATION

• Boiler Safety before 1914


• Machinery Safety (1914 –
1952)
• Industrial Safety (1952 –
1970)
• OSH after 1994

* Ir. Harminder Singh. (2004). Decades of


Occupational Safety and Health in
Malaysia. Malaysia: NIOSH

*
https://www.dosh.gov.my/index.php/about-
us/dosh-profile

Study Questions
1. Critically discuss the sources of Malaysian Law.
2. Critically discuss the history of OSH.
3. Critically discuss the history of OSH in Malaysia.
4. Identify the department that enforces OSH Acts in Malaysia.

Discussion
• What is the influence of Robens Report on OSH?
• Highlights the key elements discussed in Robens Report.

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STUDY GUIDE XBLR3103 OSH LEGISLATION

Topic 2: FACTORIES AND MACHINERY ACT (FMA) 1967

Learning outcomes
At the end of this course, learners will be able to:
1. Interpret “factory” and “machinery”
2. Discuss the framework of FMA 1967; and
3. Discuss the FMA 1967 legal compliance.

Focus Area Assigned Readings


Unit 2 FMA 1967
2.1 Interpretation

2.2 FMA 1967 Framework Reference from Factories Machinery Act


1967 with Regulations, MDC
2.3 FMA 1967 Salient Publishers Sdn Bhd, 2019.
Provisions Interpretation (Section 2 and 3)

2.4 FMA 1967 Legal • Factory


Compliance • Machinery
• Occupier
• Owner
• Operator
• Certificate of Competency
• Certificate of Fitness
• Chief Inspector

FMA Framework
• Safety Related Regulations
(Electric Passenger and
Goods Lift, Fencing of
Machinery and Safety,
Steam Boiler and Unfired
Pressure Vessel, Building
Operations and Works of
Engineering Construction
(Safety))
• Health Related Regulations
(Lead, Asbestos Process,
Noise Exposure, Mineral
Dust)

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STUDY GUIDE XBLR3103 OSH LEGISLATION

• Administration Related
Regulations
(Certificates of
Competency –
Examinations, Notification,
Certificate of Fitness and
Inspection, Persons-In-
Charge, Administration,
Compounding of Offences
(Revocation) Rules,
Compounding of Offences
(Revocation) Rules (No. 2)
• Others
(Safety, Health and
Welfare)

FMA 1967 Legal Compliance


• Provisions relating to
Safety (Section 10 – 21)
• Provisions relating to
Health (Section 22 – 24)
• Provisions relating to
Welfare (Section 25)
• Persons in Charge and
Certificates of Competency
(Section 26 – 29)
• Notification of Accident,
Dangerous Occurrence
and Dangerous Diseases
(Section 31 – 33)
• Notice of Occupation of
Factory, and Registration
and Use of Machinery
(Section 34 – 46)
• Penalties (Section 51)
• Regulations (Section 56 –
57)

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STUDY GUIDE XBLR3103 OSH LEGISLATION

Study questions
1. Critically discuss the interpretation of “factory” and “machinery”.
2. Critically discuss the framework of FMA 1967.
3. Determine the major changes in the amendment of the Factories and
Machinery Act 1967 (FMA) in 2006.

Discussion
Develop a machinery register.

Case Study
Case Title : Contractor died falling from height
Location : Construction, Johor
Date : 09-11-2019
: A contractor worker was killed after fell from a
Summary of
height of 9 meters while dismantling cross beam
Accident
soffit.
: 1. Employers fail to maintain a safe working system
to ensure the safety of the employees working at
Focus of
height.
Investigation
2. The failure of the contractor to provide adequate
training for all employees working at height.
Source: http://www.dosh.gov.my

Question

Discuss the above case study in FMA 1967 perspective.

Guide

• Sketch the accident.


• Describe the accident.
• Determine the non-compliance
• Propose the control measure to avoid reoccurrence.

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STUDY GUIDE XBLR3103 OSH LEGISLATION

Topic 3: REGULATIONS UNDER FACTORIES AND


MACHINERY ACT (FMA) 1967

Learning outcomes
At the end of this course, learners will be able to:
1. Explain the requirements for compliance on safety-related Regulations
under FMA 1967;
2. Explain the requirements for compliance on health-related Regulations
under FMA1967; and
3. State the penalties imposed for failure to comply with the Regulations.

Focus Area Assigned Readings


Unit 3 Safety and Health Related
3.1 Safety Related Regulations
Regulations under FMA 1967
3.2 Health Related Regulations
Reference from Factories Machinery Act
1967 with Regulations, MDC
Publishers Sdn Bhd, 2019.
Safety Related Regulations under FMA
1967
Factories and Machinery (Fencing of
Machinery and Safety) Regulations 1970
• Requirements for
safeguarding of
machinery

Factories and Machinery (Electric


Passenger and Goods Lift) Regulations
1970
• Requirements on the
design
• Safe working load
• PMA

Factories and Machinery (Safety, Health


and Welfare) Regulations 1970

• Safey, health and welfare


requirements

Factories and Machinery (Notification of


Fitness and Inspections) Regulations
1970
• Details of notification,
certificate of fitness and
inspection carried out by
DOSH

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STUDY GUIDE XBLR3103 OSH LEGISLATION

Factories and Machinery (Building


Operations and Works of Engineering
Construction) (Safety) Regulations 1986
• Requirements for safe
work in the construction
industries

Factories and Machinery (Person-In-


Charge) (Amendment) Regulations 2014
• Specify persons-in-
charge of certain
machinery require
certificate of competency
including:
o Steam boiler
o Steam engine
o Internal combustion
engine
o Dredge

Factories and Machinery (Special Scheme


of Inspection) (Risk-Based Inspection)
Regulations 2014
• Risk based inspection for
pressurized machinery

Factories dan Machinery (Steam Boiler


and Unfired Pressure Vessel)
(Amendment) Regulations 2017

• Amendment of Fourth
Schedule

Factories and Machinery (Steam Boiler


and Unfired Pressure Vessel) Regulations
1970
• PMT
• Design and operation
details
• Safety features
• Hydrostatic test

Health Related Regulations under FMA


1967
Factories and Machinery (Leads)
Regulations 1984
• Requirements for safe
handling of lead

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STUDY GUIDE XBLR3103 OSH LEGISLATION

Factories and Machinery (Asbestos)


Regulations 1986
• Requirements for safe
handling of asbestos

Factories and Machinery (Mineral Dust)


Regulations 1989
• Requrements for safe
handling of mineral dust

Factories and Machinery (Noise


Exposure) (Revocation) Regulations 2019
• Revocation of FM (Noise
Exposure) Regulations
1989

Study questions
1. Based on your organisation, identify the safety and health related
Regulations under FMA 1967 that need to be complied with.
2. Discuss on how you can relate the safety and health Regulations with
the salient provisions under FMA 1967.
3. Explain the differences between Factories and Machinery (Steam
Boiler and Unfired Pressure Vessel) Regulations 1970 with Factories
and Machinery (Special Scheme of Inspection) (Risk-Based
Inspection) Regulations 2014
4. Explain on the requirement for “Perakuan Mesin Dandang”, “Perakuan
Mesin Tekanan” and “Perakuan Mesin Angkat”.
5. Explain the important features in ensuring compliance to Factories and
Machinery (Building Operations and Works of Engineering
Construction) (Safety) Regulations 1986 for the construction industries.

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STUDY GUIDE XBLR3103 OSH LEGISLATION

Topic 4: OCCUPATIONAL SAFETY AND HEALTH ACT


(OSHA) 1994

Learning outcomes
At the end of this course, learners will be able to:
1. Interpret “employer”, “employee”, “industry”, “place of work”, “plant”,
“premises”, “practicable”, “principal employer”, and “self-employed”
2. Discuss the framework of OSHA 1994; and
3. Discuss Regulations under OSHA 1994.

Focus Area Assigned Readings


Unit 4 OSHA 1994
4.1 Interpretation

4.2 OSHA 1994 Salient Reference from Occupational Safety and


Provisions Health Act 1994 and Regulations,
MDC Publishers Sdn Bhd, 2019.
4.3 OSHA 1994 Framework Interpretation (Section 3)
Council; Employer; Employee; Industry;
Place of Work; Plant; Premises;
Practicable; Principal Employer; and Self-
Employed.

Objects of the Act (Section 4)

Scope of the Act


• First Schedule

National Council for OSH (Section 8 – 14)

General Duties of Employers and Self-


Employed Persons (Section 15 – 19)

General Duties of Designers,


Manufactures and Suppliers (Section 20 –
23)

General Duties of Employees (Section 24


– 27)

Safety and Health Organisations


• Medical Surveillance
(Section 28)
• Safety and Health Officer
(Section 29)
• Establishment of Safety
and Health Committee at

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STUDY GUIDE XBLR3103 OSH LEGISLATION

Place of Work (Section


30 – 31)
Notification of Accidents, Dangerous
Occurrence, Occupational Poisoning and
Occupational Diseases, and Inquiry
(Section 32 – 34)

Prohibition Against Use of Plant or


Substance (Section 35)

Industry Codes of Practice (Section 37 –


38)
General Penalty (Section 51)
Regulations (Section 66)

OSHA 1994 Frame Work


• Management
(Employers’ Safety and
Health General Policy
Statements) (Exception),
Safety and Health
Committee, Safety and
Health Officer,
Notification of Accident,
Dangerous occurrence,
Occupational Poisoning
oand Occupational
Disease Regulations
2004
• Chemicals
(Control of Industrial
Major Accident Hazards,
Classification, Packaging
and Labelling of
Hazardous’ Chemicals,
Use and Standards of
Exposure of Chemicals
Hazardous to Health)

Study questions
1. Critically discuss the interpretation of “employer”, “employee”, “industry”,
“place of work”, “plant”, “premises”, “practicable”, “principal employer”,
and “self-employed”.
2. Critically discuss the framework of OSHA 1994.

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STUDY GUIDE XBLR3103 OSH LEGISLATION

Case Study

Case Title : Worker dies falling from height


Location : Factory, Sarawak
Date : 08-11-2019
: Two workers using forklift to lift them in the bucket
Summary of
to clean the roof were killed after fell and crushed
Accident
by the bucket.
: 1.Employers have misused forklifts to lift people.
2.The employer has failed to provide a safe
Working procedure document for the roofing
Focus of
cleaning process.
Investigation
3. The employer failed to provide a risk
assessment document for the roofing cleaning
process.
Source: http://www.dosh.gov.my

Question
Discuss the above case study in OSHA 1994 perspective.

Guide

• Sketch the accident.


• Describe the accident.
• Determine the non-compliance
• Propose the control measure to avoid reoccurrence.

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STUDY GUIDE XBLR3103 OSH LEGISLATION

Topic 5: OSH (SAFETY AND HEALTH COMMITTEE)


REGULATIONS 1996

Learning outcomes
At the end of this course, learners will be able to:
1. Interpret “authorized manager”, “near-miss accident” and “safety audits”;
2. Discuss the concept of Safety and Health Committee Regulations; and
3. Associate the function of safety and health committee in business
perspective.

Focus Area Assigned Readings

5.1 Interpretation Unit 5: Safety and Health Committee


5.2 Safety and Health Regulations 1996
Committee Regulations
Interpretation (Regulation 2)
1996 concept
• Authorised manager
5.3 Safety and Health
Committee Regulations • Chairman
salient provisions
• Member
• Near-miss accident
• Safety audits
• Safety and health
auditors

Application (Regulation 3)

Duties of Employers (Regulation 4)

Composition of Safety and Health


Committee
• Membership of
Committee (Regulation
5)
• Appointment of
Chairman and Secretary
of Committee
(Regulation 6)
• Appointment of Other
Members of Committee
(Regulation 7)
• Adequate Employee
Representation
(Regulation 8)

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STUDY GUIDE XBLR3103 OSH LEGISLATION

• Vacancy (Regulation 9)
• Removal of Member of
Committee (Regulation
10)
Functions of Safety and Health
Committee
• Functions of Committee
(Regulation 11)
• Inspection of Place of Work
(Regulation 12)
• Investigation into any
Accident, etc. (Regulation
13)
• Action to be Taken on
Report and
Recommendation of
Committee (Regulation 14)
• Matters to be Considered
by Committee (Regulation
15)
• Investigation of Complaint
(Regulation 16)
• Resolution of Complaint
(Regulation 17)
• Assistance of Committee
(Regulation 18)
• Rules on Safety and Health
(Regulation 19)
• Sub-Committee
(Regulation 20)

Meetings of Safety and Health Committee


• Frequency of Meetings of
Committee (Regulation 21)
• Duty to Provide Facilities
(Regulation 22)
• Inaugural Meeting
(Regulation 23)
• Quorum (Regulation 24)
• Non-Member may Attend
Meeting (Regulation 25)
• Matters to be Discussed at
Meeting (Regulation 26)

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STUDY GUIDE XBLR3103 OSH LEGISLATION

• Minutes of Meeting
(Regulation 27)

Provisions of Training and Information


• Duty to ensure Basic
Knowledge and Functions
of Committee (Regulation
28)
• Duty to Provide Adequate
Training (Regulation 29)
• Duty to Make Available
Relevant Document and
Information (Regulation 30)
• Information not to be
Supplied (Regulation 31)

Penalty (Regulation32)

Study questions
1. Critically discuss the interpretation of “authorized manager”, “near-miss
accident” and “safety audits”;

2. Critically discuss the concept of Safety and Health Committee


Regulations.

Case Study

Company profile
ABC is one of the Malaysia’s leading suppliers of chemicals. Total number of
staff is 85 staff.

The problem
Back in 2015 the company was struggling to survive, work was sparse and
morale was low. Management had to concentrate solely on winning business
and generating cash. As a result, the company was facing several claims from
members of staff regarding safety and health issues. The company
recognised that if they were to go forward they had to develop a strategic plan.
The outcome of the plan was:
• The generation of more sales;
• A reduction in the number of manual tasks on their production system;
• An improvement in their machinery; and
• The establishment of a comprehensive health and safety strategy.

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STUDY GUIDE XBLR3103 OSH LEGISLATION

Questions
• Propose safety and health committee organisation chart for this
company.
• Propose the strategic plan to address the safety and health problems
in this company.

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STUDY GUIDE XBLR3103 OSH LEGISLATION

Topic 6: OSH (SAFETY AND HEALTH OFFICER)


REGULATIONS 1997

Learning outcomes
At the end of this course, learners will be able to:
1. Interpret “continuous education programme”, “lost-time injury” and “no
lost-time injury”;
2. Discuss the concept of Safety and Health Officer Regulations 1997; and
3. Associate the function of safety and health officer in business
perspective.

Focus Area Assigned Readings

6.1 Interpretation Unit 6 Safety and Health Officer


Regulations 1997
6.2 Safety and Health
Officer Regulations 1996 Interpretation (Regulation 2)
concept
• Continous Education
6.3 Safety and Health Programme
Officer Regulations
• Lost-Time Injury
salient provisions
• No Lost-Time Injury

Application (Regulation 3)

Registration of Safety and Health Officer


• Registration (Regulation
4)

• Application for
Registration (Regulation
5)

• Qualification for
Registration (Regulation
6)

• Certificate of Registration
(Regulation 7)

• Compulsory Attendance
in any Continous
Education Programme for
Renewal of Registration
Purposes (Regulation 8)

• Duration of Registration
(Regulation 10)

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STUDY GUIDE XBLR3103 OSH LEGISLATION

• Cancellation of
Registration (Regulation
13)

Notification of a Safety and Health Officer


(Regulation 14)

Duties of Employer

• Facilities (Regulation 15)


• Continuous Education
Programme (Regulation
16)
• Investigation into any
Accident, etc (Regulation
17)

Duties of Safety and Health Officers


• Duties of Safety and
Health Officer (Regulation
18)

• Safety and Health Officer


to Submit Report
(Regulation 19)

• Action to be Taken on
Report (Regulation 20)

• Miscellaneous
(Regulation 21)

OSH (Safety and Health Officer) Order 1997


• Class or Description of
Industries required to
Employ Safety and Health
Officer (Order No. 3)

Study questions
1. Critically interpret “continuous education programme”, “lost-time injury”
and “no lost-time injury”.
2. Critically discuss the concept of Safety and Health Officer Regulations
1997.

Discussion

Prepare a SHO montly report for the previous month. Refer to Regulation 19
(2) for the preparation of the report.

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STUDY GUIDE XBLR3103 OSH LEGISLATION

Topic 7: Chemical Related Regulations under OSHA 1994

Learning outcomes
At the end of this course, learners will be able to:
1. Interpret “chemicals”, “hazardous chemicals”, “supplier”, “Competent
Person”, “hazardous substance”, “industrial activity”, “major hazard
installation”, “site”, “threshold quantity”, “airborne concentration”,
“assessor”, “chemicals hazardous to health”, “hygiene technician”,
“occupational health doctor”, “permissible exposure limit”, personal
protective equipment” and “use”;
2. Discuss the concept of Control of Industrial Major Accident Hazards
Regulations 1996;
3. Discuss the concept of Use and Standards of Exposure of Chemicals
Hazardous to Health Regulations 2000;
4. Discuss the concept of Classification, Labelling and Safety Data Sheet of
Hazardous Chemicals Regulations 2013;
5. Discuss the application of the Regulations in business perspective.

Focus Area Assigned Readings


Unit 7 Chemical Related Regulations under
OSHA 1994

Control of Industrial Major Control of Industrial Major Accident


Accident Hazards Hazards Regulations 1995
Regulations 1995 (CIMAH) Application (Regulation 2)
7.1 Interpretation Interpretation (Regulation 3)
7.2 Concept • Competent Person
7.3 Salient Provisions
• Hazardous Substance
• Industrial Activity
• Major Accident
• Major Hazard Installation
• Manufacturer
• Site
• Threshold Quantity

Obligations of Manufacturer
and Employee (Regulation 5)

Identification and Notification of An Industrial


Activity (Regulation 7)

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STUDY GUIDE XBLR3103 OSH LEGISLATION

* Refer to Panduan bagi Pemberitahuan


Aktiviti Industri di bawah Peraturan
Keselamatan dan Kesihatan Pekerjaan
(Kawalan Terhadap Bahaya Kemalangan
Besar Dalam Industri) 1996:

• 1.2.1 Cara Mengkategorikan


Pepasangan;
• Carta Alir bagi
Pemberitahuan Aktiviti
Industri ; and
• JKKP 5 : Notification of
Industrial Activity Form

Demonstration of Safe Operation for Non-


Major Hazard Installation
• Application (Regulation 9)
• Demonstration of Safe
Operation (Regulation 10)

Report on Industrial Activity and Preparation of


Emergency Plan for Major Hazard Installation
• Application (Regulation 12)
• Registration of Competent
Person (Regulation 13)
• Report on Industrial Activity
(Regulation 14)
• Modification (Regulation 15)
• Updating of Report
(Regulation 16)
• On-Site Emergency Plan
(Regulation 18)
• Updating of On-Site
Emergency Plan (Regulation
19)
• Review of On-Site
Emergency Plan (Regulation
20)
• Off-Site Emergency Plan
(Regulation 21)
• Information to the Public
(Regulation 22)

Notification of Major Accident (Regulation 23)

Penalty (Regulation 24)

Use of Standards of Use of Standards of Exposure of Chemicals


Exposure of Chemicals Hazardous to Health Regulations 2000
Hazardous to Health
Interpretation (Regulation 2)
Regulations 2000
(USECHH) • Airborne Concentration
• Assessor
7.4 Interpretation

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STUDY GUIDE XBLR3103 OSH LEGISLATION

7.5 Concept
• Ceiling Limit
7.6 Salient Provisions
• Chemicals Hazardous to
Health
• Engineering Control
Equipment
• Health Surveillance
• Hygiene Technician
• Maximum Exposure Limit
• Medical Surveillance
• Occupational Health Doctor
• Permissible Exposure Limit
• Personal Protective
Equipment
• Time-Weighted Average
• Use

Application (Regulation 3)

Duty of Employer and Self


Employed Person (Regulation 4)

Identification of Chemicals Hazardous to


Health (Regulation 5)

* Refer to Guidelines for the Preparation of a


Chemical Register by DOSH

Permissible Exposure Limit


• Ceiling Limit (Regulation 6)
• Eight-Hour Time-Weighted
Average (Regulation 7)
• Compliance with Permissible
Exposure Limit Using
Respirator (Regulation 8)

Assessment of Risk to Health


• Assessment of Risk to
Health (Regulation 9)
• Review Assessment
(Regulation 10)
• Assessment to be Carried
Out by an Assessor
(Regulation 11)
• Assessment of Risk to
Health Report (Regulation
12)
• Asssessment Report
(Regulation 13)

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STUDY GUIDE XBLR3103 OSH LEGISLATION

* Refer to Asessment of the Health Risks


Arising from the Use of Hazardous Chemicals
in the Workplace by DOSH:

• Appendix 3 – 1: Procedure
for Chemical Health Risk
Assessment;
• Appendix 4b;
• Form A: List of Chemicals;
• Form B: Work Unit
Description;
• Form C: Workplace
Assessment;
• Form D: Workplace
Assessment Result;
• Form E: Risk Matrix; and
• Form F: Actions to be
Taken.

Action to Control Exposure

• Control Measures
(Regulation 15)
• Use of Approved Personal
Protective Equipment
(Regulation 16)
• Design, Construction and
Commissioning of Local
Exhaust Ventilation
Equipment (Regulation 18)

Labelling and Relabelling

• Duty of Employer to Ensure


Labellling (Regulation 20)

• Relabelling (Regulation 21)

Information, Instruction and Training


• Information, Instruction and
Training (Regulation 22)
• Chemical Safety Data Sheet
(Regulation 24)
• Provision of Chemical Safety
Data Sheet in a Place of
Work (Regulation 25)

Monitoring of Exposure at the Place of Work


(Regulation 26)

Health Surveilance Programme (Regulation


27)
Classification, Labelling
and Safety Data Sheet of
Medical Removal Protection (Regulation 28)
Hazardous Chemicals

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STUDY GUIDE XBLR3103 OSH LEGISLATION

Regulations 2013 Warning Sign (Regulation 29)


7.7 Interpretation
Record Keeping (Regulation 30)
7.8 Concept
7.9 Salient Provisions Classification, Labelling and Safety Data
Sheet of Hazardous Chemicals Regulations
2013

Application (Regulation 2)
Interpretation (Regulation 3)
• Chemicals
• Hazardous Chemicals
• Degree of Hazard
• Supplier

Duty of principal supplier to classify chemical


as hazardous chemical (Regulation 4) and
Record of classification (Regulation 5)

Packaging requirement of hazardous chemical


(Regulation 6) and Seal of packaging
(Regulation 7)

Labelling (Regulation 8 - 12)

Duty to furnish Safety Data Sheet (Regulation


13)

Inventory of hazardous chemicals (Regulation


14)

Confidential business information on


hazardous chemical (Regulation 15)

Revocation (Regulation 16)

* Refer to Industry Code of Practice on


Chemicals Classification and Hazard
Communication 2014 by Department of
Occupational Safety and Health (DOSH)

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STUDY GUIDE XBLR3103 OSH LEGISLATION

Study questions
1. Critically interpret “chemicals”, “hazardous chemicals”, “supplier”,
“Competent Person”, “hazardous substance”, “industrial activity”, “major
hazard installation”, “site”, “threshold quantity”, “airborne concentration”,
“assessor”, “chemicals hazardous to health”, “hygiene technician”,
“occupational health doctor”, “permissible exposure limit”, personal
protective equipment” and “use”;
2. Critically discuss the concept of Control of Industrial Major Accident
Hazards Regulations 1996;
3. Critically discuss the concept of Use and Standards of Exposure of
Chemicals Hazardous to Health Regulations 2000; and
4. Critically discuss the concept of Classification Labelling and Safety Data
Sheet of Hazardous Chemicals Regulations 2013.

Discussion

• Develop Chemical Register in accordance Refer to Guidelines for the


Preparation of a Chemical Register by DOSH.

• Study the CIMAH report and Chemical Health Risk Assessment report
and highlights the key elements.

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STUDY GUIDE XBLR3103 OSH LEGISLATION

Topic 8: OSH (NOTIFICATION OF ACCIDENT,


DANGEROUS OCCURRENCE, OCCUPATIONAL
POISONING AND OCCUPATIONAL DISEASE)
REGULATIONS 2004

Learning outcomes
At the end of this course, learners will be able to:
1. Interpret “approved”, “fatal injury”, “non-fatal injury”, “dangerous
occurrence”, “accident”, “occupational poisoning and occupational
disease”, and “lost-time”.
2. Discuss the concept of Notification of Accident, Dangerous Occurrence,
Occupational Poisoning and Occupational Disease Regulations 2004;
and
3. Discuss the effects of accident, dangerous occurrence, occupational
poisoning and occupational disease to the organisation.

Focus Area Assigned Readings

8.1 Interpretation Unit 8 Notification of Accident,


Dangerous Occurrence, Occupational
8.2 Notification of Accident,
Poisoning and Occupational Disease
Dangerous Occurrernce,
Regulations 2004
Occupational Poisoning
and Occupational Interpretation (Regulation 2)
Disease (NADOPOD)
• Approved
Regulations 2004
concept • Fatal Injury
8.3 Notification of Accident, • Non-Fatal Injury
Dangerous Occurrernce, • Dangerous Occurrence
Occupational Poisoning
and Occupational • Accident
Disease Regulations • Occupational Poisoning
Regulations salient
provisions • Occupational Disease
• Lost-Time Injury

Application (Regulation 3)

Notification and Reporting of Accident,


Dangerous Occurrence, Occupational
Poisoning and Occupational Disease
• Exemption from Part II
(Regulation 4)

• Notification and Reporting


of Accident and
Dangerous Occurrence
(Regulation 5)

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STUDY GUIDE XBLR3103 OSH LEGISLATION

• Exemption from
Requirement of
Regulation 5 to Self-
Employed Persons
(Regulation 6)
• Reporting of Cases of
Occupational Poisoining
and Occupational
Disease (Regulation 7)
• Exemption from
Requirement of
Regulation 7 to Self-
Employed Persons
(Regulation 8)

*Refer to NADOPOD Guidelines:


• Chapter 5: Deciding
Whether a Case Should
be Notified and Recorded;
• Chart 1: What an
Employer Must Do in the
Case of an Accident,
Dangerous Occurrence,
Occupational Poisoning
or Occupational Disease;
• Chart 2: Guidelines for
Establishing Work
Relationship;
• Chapter 7: The
Mechanisms of Notifying
and Record Keeping; and
• Appendix 1, Appendix 2
and Appendix 3.

No Interference at Accident of Dangerous


(Regulation 9)

Maintenance of All Records of Accident,


Dangerous Occurrence, Occupational
Poisoning and Occupational Disease
(Regulation 10)

*Refer to NADOPOD Guidelines, Chapter 8:


Location, Retention and Maintenance of
Records

Penalty (Regulation 13)

Schedule
• First Schedule (Serious
Bodily Injury)
• Second Schedule
(Dangerous Occurrence)

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STUDY GUIDE XBLR3103 OSH LEGISLATION

• Third Schedule
(Occupational Poisoning
and Occupational
Disease)
• Fourth Schedule (Matters
which the Director
General may Require to
be Notified)

Study questions
1. Critically interpret “approved”, “fatal injury”, “non-fatal injury”, “dangerous
occurrence”, “accident”, “occupational poisoning and occupational
disease”, and “lost-time”.
2. Critically discuss the concept of Notification of Accident, Dangerous
Occurrence, Occupational Poisoning and Occupational Disease
Regulations 2004; and
3. Critically discuss the effects of accident, dangerous occurrence,
occupational poisoning and occupational disease to the organisation (in
view of business perspective).

Case Study

: Worker dies after fell and trapped under a scraper


Case Title
conveyor
Location : Palm Oil Mill Factory, Johor
Date : 23-10-2019
: A worker died after falling and trapped under a
'scraper conveyor' after the victim finished cleaning
Summary of
and clearing the fiber stuck into the 'ribbon
Accident
conveyor'.

: 1. The victim was found to be doing a 'ribbon


conveyor' cleaning job in a condition where the
sprocket conveyor
was operating without a valid work permit.
2. The scraper conveyor operates without a cover
along the conveyor and causes the victim to work
Focus of
in high risk situations.
Investigation
3. There is no safe working procedure for the
conveyor cleaning job.
4. No supervision to the compliance of the
prescibed LOTO procedure.
5. Access to emergency stop button is too far from
the accident area.

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STUDY GUIDE XBLR3103 OSH LEGISLATION

Source: http://www.dosh.gov.my

Question

By using the above case study, please determine what are the action should
be taken by the employer in fulfilling NADOPOD Regulations 2004. Please
also fill up the relevant documents to be submitted to Department of
Occupational Safety and Health (DOSH).

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STUDY GUIDE XBLR3103 OSH LEGISLATION

Topic 9: OSH (NOISE EXPOSURE) REGULATIONS 2019

Learning outcomes
At the end of this course, learners will be able to:
1. Interpret “assessive noise”, “hearing impairment”, and “noise-induced
hearing loss”,;
2. Discuss the needs of OSH (Noise Exposure) Regulations 2019; and
3. Interpret the OSH (Noise Exposure) Regulations 2019 compliance in
industry.

Focus Area Assigned Readings

Unit 9 OSH (Noise Exposure) Regulations


2019
Interpretation (Regulation 2)
10.1 Interpretation
• Standard threshold limit
10.2 OSH (Noise
Exposure) • dB(A), dB(B) and dB(C)
Regulations 2019
• Excessive noise
salient provisions
• Hearing impairment
• Noise-induced hearing loss
• Daily noise exposure level
• Sound pressure level

Identification of Excessive Noise (Regulation 3)

Noise Risk Assessment (Regulation 4)


• Noise risk assessor
• Noise risk assessment
• Noise risk assessment report

Information, Instruction, Training and Supervision


(Regulation 5)
• Adequate information on
effects of noise exposure
• Training and instruction on
the proper usafe of hearing
protector
• Supervision on the
implementation of the noise
exposure control

Noise Exposure Limit (Regulation 6)


• Daily noise exposure level ≤
85 dB(A) or daily personal
noise dose > 100%
• Maximum sound pressure
level > 115 dB(A) at any time

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STUDY GUIDE XBLR3103 OSH LEGISLATION

• The peak sound pressure


level > 140 dB(C)
• Engineering and
administrative controls

Personal Hearing Protector (Regulation 7)

Hearing Protection Zone (Regulation 8)


• Demarcation

Audiometric Testing (Regulation 9)


• Annually
• Audiometric testing centre
• Occupational Health Doctor
• Audiometric testing report
• Notification to the
Department of Occupational
Safety and Health (DOSH)

Duty of Employer When Audiometric Testing is


Carried Out (Regulation 10)
Record to be Kept (Regulation 11)
• Noise risk assessment report
• Audiometric testing report

Industry Code of Practice for Management of


Occupational Noise Exposure and Hearing
Conservation 2019
• General Principles
• Hearing Conservation
Programme (HCP)
• Identification of excessive
noise
• Noise risk assessment
• Reduction of excessive noise
• Engineering Control
• Administrative Control
• Hearing Protection
• Information, Instruction and
Training
• Audiometric Testing
• Registration
• Duties

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STUDY GUIDE XBLR3103 OSH LEGISLATION

Study questions
1. Critically interpret “assessive noise”, “hearing impairment”, and “noise-
induced hearing loss”;
2. Discuss the different features between FM (Noise Exposure)
Regulations 1989 and OSH (Noise Exposure) Regulations 2019;
3. Discuss the compliance of OSH (Noise Exposure) Regulations 2019 in
industry; and
4. Prepare a Hearing Conservation Programme (HCP) for your
organisation.

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STUDY GUIDE XBLR3103 OSH LEGISLATION

Topic 10: PETROLEUM (SAFETY MEASURES) ACT 1984


AND PETROLEUM (SAFETY MEASURES)
(TRANSPORTATION OF PETROLEUM BY PIPELINES)
REGULATIONS 1985

Learning outcomes
At the end of this course, learners will be able to:
1. Interpret “handling”, “licensed premises”, “occupier”, “owner”,
“petroleum”, “petroleum products”, “pipeline”, “storage”, “transportation”
and “refinery station”.
2. Discuss the legal requirements of Petroleum (Safety Measures) Act
1984; and
3. Discuss the salient provisions of Petroleum (Safety Measures)
(Transportation of Petroleum by Pipelines) Regulatoins 1985

Focus Area Assigned Readings

Petroleum (Safety Unit 10 Petroleum (Safety Measures) Act


Measures) Act 1984 1984
10.1 Interpretation Interpretation (Section 2)
10.2 Salient provisions • Handling
• Licensed Premises
• Occupier
• Owner
• Petroleum
• Petroleum Products
• Pipeline
• Storage
• Transportation

Transportation of Petroleum by Road and


Railway
• Permitted conveyance of
petroleum by road or
railway (Section 3)
• Employees to be Informed
of the Provisions of the Act
and the Regulations;
related offences (Section 5)

Transportation of Petroleum by Water


• Permitted loading,
Unloading and Discharging
of Petroleum (Section 6)
• Entry into Ports of Vessels

38
STUDY GUIDE XBLR3103 OSH LEGISLATION

Carrying into Port (Section


7)
• Notification to Inspector of Vessel
Coming into Port (Section 8)
• Permission of Port Officer to Unload
or Discharge Petroleum from Vessel
(Section 9)
• Unloading or Discharging of
Petroleum (Section 10)
• Restriction on Loading, Unloading
and Discharging, of Petroleum
between Sunset and Sunrise
(Section 10A)
• Direction of the Port Officer in
Respect of Vessels Carrying
Petroleum (Section 11)
• Loading or Carriage of Petroleum
(Section 12)

Transportation of Petroleum by Air (Section


15)

Transportation of Petroleum by Pipelines


• Authorization of Pipelines Works
(Section 16)
• Emergency Pipeline Works (Section
17)

Storage and Handling of Petroleum

• Petroleum Storage and Petroleum


Handling Licences (Section 19)
• Labelling of Containers or
Receptacles Containing Petroleum
(Section 20)

Utilisation of Equipment, Gadgets, Materials,


Plants, Appliances, Buildings, Structures and
Installations
• Approved Equipment, etc., and
Verification (Section 28)

Existing Equipment, Gadgets, Materials,


Plants, Appliances, Buildings, Structures and
Installations
• Equipment, etc., in Premises
Licensed under Repealed Laws
(Section 32)
• Rectification of Equipment, etc., in
Licensed Premises (Section 33)
Petroleum (Safety
Measures) (Transportation
of Petroleum by Pipelines) Petroleum (Safety Measures)
Regulatoins 1985 (Transportation of Petroleum by Pipelines)

39
STUDY GUIDE XBLR3103 OSH LEGISLATION

Regulatoins 1985

10.1 Interpretation Interpretation (Regulation 2)


10.2 Salient provisions
Application and non-application. (Regulation
3)

Design, etc., shall meet requirements


(Regulation 4)
• Liquid Petroleum Transportation
Piping System ANSI/ASME B 31.4; or
• Pressure Piping Gas Transmission
and Distribution Piping System
ANSI/ASMEB 31.8

Permission for installation. (Regulation 5)


• The name and address of the owner
and operator;
• The name and address of the
consultant;
• The name and address of the
contractors;
• The route of the pipelines and flow
line diagram;
• The design specification; and
• The material specification.

Permission for operating (Regulation 6)


• A letter confirming that the material,
design, construction, installation and
testing of the pipeline comply with the
requirements of regulation 4 and that
the pipelines are safe to be operated;
• A written emergency plan for
implementation in the event of the
system failure, accident or other
emergency; and
• A letter confirming that the operating
and maintenance procedures are
based on the provisions of the Code
stipulated in regulation 4 or the other
alternative procedures allowed under
regulation 4(3).

Maximum allowable pressure (Regulation 7)

Records (Regulation 8)
• Written training procedure for the safe
operations of the pipeline;
• Written maintenance schedule for the
pipeline;
• Corrosion mitigation record;
• Inspection record on the condition of

40
STUDY GUIDE XBLR3103 OSH LEGISLATION

the pipeline, safety equipment and its


related facilities;
• Failure investigation and remedial
steps taken;
• Any modification work on the pipeline;
and
• Written procedure for abandoning the
pipeline.

Inspection (Regulation 9)

Notice (Regulation 10)

Appeal (Regulation 11)

Facilities to be Afforded (Regulation 12)

Dangerous Occurrence (Regulation 13)

• Any dangerous occurence which may


affect the safety of any pipeline while
it is being installed or operated; and
• Any gas leak which- (i) causes death
or personal injury requiring
hospitalisation of any person; (ii)
requires the taking of any segment of
a pipeline our of service; (iii) results in
gas ignition; or (iv) represents an
existing or probable hazard to
persons or property.

No modification without permission


(Regulation 14)

Existing pipelines and exemptions


(Regulation 15)

Penalty (Regulation 16)

Repeal (Regulation 17)

Study questions
1. Explain the scope of Petroleum (Safety Measures) Act 1984.
2. Summarise the legal requirement in relation to transportation of
petroleum.
3. Explain on the provisions for the storage and handling of petroleum.
4. Explain the meaning of “approved type” in relation to the equipment,
gadgets, materials, plants, appliances, buildings, structures and
installations.

41
STUDY GUIDE XBLR3103 OSH LEGISLATION

5. Determine the legal compliance for Petroleum (Safety Measures)


(Transportation of Petroleum by Pipelines) Regulations 1985

42
STUDY GUIDE XBLR3103 OSH LEGISLATION

Assesment Guide
Refer to myInspire.

Assignments

There is one assignment in this course. Commonly, the assignment will be


focusing on the application of the OSH legal requirements for the purpose of
organisation’s relevant legal compliance. The assignment questions will be
assessed from OUM`s myInspire. It is your responsibility to make sure that
your assignment reaches the course coordinator within the time frame.

The objective of the assignment is mainly to give you an opportunity to explore


and analyse the OSH legal requirements in depth. You are encouraged to use
critical thinking in your assignment especially for the application of theories
into practice. The assignment is guided by the contents of the recommended
textbook and recent journals.

As mentioned earlier, graduate students must demonstrate that they have


read widely and researched their topic well. It is will NOT suffice to rely on
information in the assigned textbook or in the Course Guide to complete your
assignment. Using a variety of references will give you a broader perspective
on the various topics and will provide a deeper understanding of the subject.

The criteria for the assessment of this assignment cover content, structure and
thinking skills. In general, you are required to write clearly, using correct
spelling and grammar. You also have to submit a paper that shows evidence
of the following:
(a) Reflection: Reflect critically on issues raised in the course.
(b) Deliberation: Consider and appreciated a range of points of view,
including those included in the course material.
(c) Application: Develop your own view with regards to application of the
concepts and focus areas covered in the course.
(d) Argument: State your argument clearly with supporting evidence from
related research and demonstrated appropriate referencing of sources.
(e) Integration: Draw on your own experiences and integrated the
information in the course assignment.

43
STUDY GUIDE XBLR3103 OSH LEGISLATION

Do Not Plagiarise

As a graduate student, remember that your own thinking and the knowledge
you construct as a participant in a course is integral to learning. To succeed in
the course, you should never resort to plagiarism or copying at any level
whatsoever. Plagiarism refers to any form of deception in a written paper
(such as assignments or essays) by a student. It is intended to deceive the
instructor about the student’s abilities or knowledge or the amount of work that
is actually contributed by the student. Here are some examples sourced from
a local site ( www.ppl.upm.edu.my).
1. Copying large sections of a paper from the internet or print sources and
not acknowledging these sections as quotations.
2. Paraphrasing or restating someone’s argument without acknowledging
the author. Remember that detailed arguments from clearly identifiable
sources must always be acknowledged.
3. Purchasing or buying essays or papers written by other students.
4. Taking credit for work produced by someone else. This includes
photographs, charts, graphs, drawings, statistics, video-clips, audio-clips,
verbal exchanges such as interviews or lectures, performances on
television and texts printed on the web.
5. Taking double credit by submitting the same essay for two or more
courses.

Avoiding Plagiarism

Here are some ideas from www.ppl.upm.edu.my for avoiding plagiarism in


your assignments and essays.
1. Insert quotation marks around ‘copy and paste’ clauses, phrases,
sentences or paragraphs and cite the original source
2. Paraphrase clauses, phrases, sentences or paragraphs in your own
words and cite your source.
3. Adhere to the APA (American Psychological Association) stylistic format,
when citing a source and when writing out the bibliography or reference
page
4. Write independently without being overly dependent of information from
another’s
5. original work. Read a text, put it away and then write about what your
have read in your own words.
6. Educate yourself on what may be considered common knowledge (no
copyright necessary), public domain (copyright has expired or not
protected under copyright law), or copyright (legally protected).

Documenting Sources
Remember that when you quote, paraphrase, summarise or refer to
someone’s work you are required to cite the source. Here are some of the
most commonly cited forms of material (See www.jfklibrary.org,
library.duke.edu/research/citing and www.ppl. upm.edu.my).

44
STUDY GUIDE XBLR3103 OSH LEGISLATION

Direct citation Simply having a list of thinking skills is no assurance that


using quotation children will use it. In order for such skills to become part
marks of day-to-day behaviour, they must be cultivated in an
environment that value and sustains them. “Just as
children’s musical skills will likely lay fallow in an
environment that doesn’t encourage music, learner’s
thinking skills tend to languish in a culture that doesn’t
encourage thinking” (Tishman, Perkins and Jay, 1995,
p.5).

Indirect Citation According to Wurman (1988), the new disease of the


using referential 21st century will be information anxiety, which has been
defined as the ever-widening gap between what one
understands and what one thinks one should
understand.

Referencing

All sources that you cite in your paper should be listed in the REFERENCE
section at the end of your paper. Below are some suggestions, as listed in
library.fayschool.org/ Pages/Citation_Guide.htm

From a Journal Brown, E. (1996). The lake of seduction: Silence,


hysteria, and the space of feminist theatre. JTD:
Journal of Theatre and Drama, 2, 175-200.

From an Online Evnine, S. J. (2001). The universality of logic: On the


Journal connection between rationality and logical ability
[Electronic version]. Mind, 110, 335-367.
Retrieved January 12, 2008, from PsyCARTICLES
database.

From a National Park Service. (2003, February 11). Abraham


Webpage Lincoln Birthplace National Historic Site. Retrieved
February 13, 2003, from http://www.nps.gov/abli/

From a Book Fleming, T. (1997). Liberty! The American Revolution.


New York: Viking.

From an Article Cassel, J., & Zambella, B. (1996). Without a net:


in a Book Supporting ourselves in a tremulous atmosphere.
In T. W. Leonhardt (Ed.), "LOEX" of
the West: Teaching and learning in a climate of
constant change (pp. 75-92). Greenwich, CT: JAI
Press Inc.

From a Printed Holden, S. (1998, May 16). Frank Sinatra dies at 82:
Newspaper Matchless stylist of pop. The New York Times, pp.
A1, A22-A23.

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STUDY GUIDE XBLR3103 OSH LEGISLATION

Appendix A
Sample Assignment

XBLR3103 OSH LEGISLATION

QUESTION 1:

The purpose of the assignment is to develop a legal register for an


organization in accordance to professional, ethical and legal practices.

INSTRUCTION:

• Select ONE organisation;


• Refer to Factories and Machinery Act (FMA) 1967 and Its Regulations
and Occupational Safety and Health Act (OSHA) 1994 and Its
Regulations; and
• Develop a legal register for the organisation.
(30 marks)

QUESTION 2:

The purpose of the assignment is to analyse the legislative requirement and


its liabilities under Occupational Safety and Health Act (OSHA)1994 & Its
Regulations, Factories and Machinery Act (FMA) 1967 & Its Regulations for an
organisation.

INSTRUCTION:

Write an article based on the Bright Sparklers fireworks factory explosion on


May 7, 1991. The article should include the following:
• Summary of the incident; and
• How the Control of Industrial Major Accident Hazards Regulations
1996 able to prevent the recurrence of the incident?
(30 marks)

[Total: 60 marks]

46
STUDY GUIDE XBLR3103 OSH LEGISLATION

Appendix B
Learning Support

XBLR3103 OSH LEGISLATION

Seminars
There are 8 hours of face-to-face facilitation provided for the course. There will
be FOUR seminars of 2 hours each. You will be notified of the dates, times
and location of these seminars, together with the name and e-mail address of
your facilitator, as soon as you are allocated a group.

Discussion and Participation


Besides the face-to-face seminars, you have the support of online discussions
in myInspire with your facilitator and your coursemates. Your contributions to
the online discussion will greatly enhance your understanding of course
content, and help you do the assignment and prepare for the examination.

Feedback and Input from Facilitator


As you work on the activities and the assigned text, your course facilitator will
provide assistance to you throughout the duration of the course. The facilitator
will also mark your assignment and give you feedback on your performance.
At any time that you need assistance, do not hesitate to discuss your
problems with your facilitator. The seminars and the online forum can also be
used for any of the following situations:
• When you have difficulty with the contents of the textbook or if you do not
understand the assigned readings.
• When you have a question or problem with the assignment.

Bear in mind that communication is important for you to be able to get the
most out of this course. Therefore, you should, at all times, be in touch with
your facilitator and coursemates, and be aware of all the requirements for
successful completion of a course.

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Appendix C
Study Paths for Success in the Course

Time Commitments for Study


You should plan to spend about 6 hours of study time on each topic, which
includes the time spent doing all assigned readings and activities. You must
schedule your time to discuss the work online and spend enough time on each
topic for this course. It is often more effective to distribute the study hours
over a number of days rather than spending the whole day studying one topic.
You have some flexibility as there are 10 topics spread over a period of 12
weeks.

Study Strategy
The following is a proposed strategy for working through the course. If you
have difficulty following the strategy, discuss your problems with your
facilitator either through the online forum or during the seminars.

(i) The most important step is to read the contents of this Course Guide
thoroughly.

(ii) Organise a study schedule. Take note of the amount of time you spend
on each topic, as well as the dates for submission of the assignments
and seminars.

(iii) Once you have created a study schedule, make every effort to ‘stick to
it.’ One reason students are unable to cope with post-graduate courses
is that they delay their course work.

(iv) To understand the various dimensions of the course, do the following:


• Study the Course Overview and the entire list of topics. Then
examine the relationship of a topic to other topics.
• Complete all assigned readings and go through the supplementary
texts to get a broad understanding of course content.
• Do all activities and read the Scenarios in the assigned textbook to
understand the various concepts and facts presented in a topic.
• Draw ideas from a large number of readings as you prepare for the
assignment. Work on the assignment as the semester progresses so
that you are able to systematically produce a commendable portfolio
or paper.

(v) When you have completed a topic, review the Learning Outcomes for
the topic to confirm that you have achieved them and are able to do what
is required.

(vi) After completing all topics, review the course content to prepare for the
final examination. Review the Learning Outcomes of the course to see if
you have covered all the relevant parts of the course.

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