Chapter 4:

Safety Legislation
and Regulation
By: MUHAMMAD IMRAN ISMAIL
PENSYARAH, FAK. KEJ. KIMIA
Lecture 4.1
Chapter 4

• Safety legislation and regulations

• Introduction (Lecture 4.1)

• Regulatory bodies (Lecture 4.1)

• OSHA 1994 (Lecture 4.2)

• FMA 1967 (Lecture 4.3)

 Learning Outcomes

The student should be able to:

• List regulatory bodies

• Identify the purpose of OSHA 1994
Outlines of Presentation

• Introduction of Legislation

• Regulation bodies
• Introduction : OSHA 1994 and
FMA 1967
Introduction

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Historical Perspective

• Evolution of OSH Legislation in Malaysia

• 1844 British Legislation – specific safety & health
• Piecemeal legislation and regulations for example transporting machinery
on the train

• 1972 Lords Roben “Committee of Inquiry” – Robens Report on OSH

• Factories and Machinery Act (139) in 1967
• Part II Safety, Health and Welfare – enforced 1970

• Occupational Safety and Health Act (514) 1994

 Act 514
Occupational Safety and Health Act 1994

Regulations under OSHA 1994

Eg: CIMAH Reg 1996

Order
Eg: Occupational Safety and Health (Safety and Health Officer) Order 1997

Guidelines Code of practice

Eg: Confined space
Regulatory Body

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The Department of Occupational Safety and Health (DOSH) and NIOSH
are a department under the Ministry of Human Resources.
 Function of DOSH

To study and review the policies and legislations of

occupational safety and health.
To enforce the following legislations :
a) Occupational Safety and Health Act 1994 and its
regulations 
b) Factories and Machinery Act 1967 and its regulations.
c) Part of Petroleum Act 1984 (Safety Measures) and its
regulations.
 Function of DOSH (con’t)

 To conduct research and technical analysis on issues related to occupational safety and
health at the workplace

 To carry out promotional and publicity programs to employers, workers and the general
public to foster and increase the awareness of occupational safety and health

 To provide advisory service and information to government and private agencies

pertaining to management and technical aspects of occupational safety and health

 To become a secretariat for the National Council regarding occupational safety and
health
Introduction:
OSHA 1994 &
FMA 1967

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 Sectors covered by OSHA 1994
1. Manufacturing 1. Public Services and Statutory
Authorities
2. Mining and Quarrying
2. Utilities - Gas, Electricity,
3. Construction Water and Sanitary Services
4. Hotels and Restaurant 3. Finance, Insurance, Real
5. Agriculture, Forestry and Estate and Business Services
Fishing 4. Wholesale and Retail Trades
6. Transport, Storage and
Communication
 OSHA not applicable in this sector

NOTES :
 Not applicable to work on board ships governed by
the Merchant Shipping Ordinance 1952, the
Merchant Shipping Ordinance 1960 of Sabah and
Sarawak

 Not applicable to armed forces

 FMA 1997 vs OSHA 1994
FMA 1967 OSHA 1994
Scope Only cover OSH in the Cover all economic activities &
manufacturing, mining, quarrying, government except armed forces
works of engineering and & seafarers
construction Cover 90% of the man power
Cover 24 % of the man power
Approach - Prescriptive - self regulation
- Too d ependent on - supported by code of
government practices, guidelines etc
- Concern for inspection by - tripartite responsibilities
regulation authorities - worker cooperation &
participation

Objective - focus on control of factories - to safeguard, health &

& machinery welfare of employees &
- registration & inspection of those at the place of work
machines for example visitors,
- less provision for health contractors etc
Objectives Of OSHA 1994

1.To 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.
2.To protect persons 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.
3.To promote a suitable occupational environment for persons at
work which is adapted to their physiological and psychological needs.
4.To provide the means whereby the associated occupational safety and
health (OSH) 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.
Concept of OSHA 1994

• Accident prevention is an essential part of good management and

workmanship

• Management and workers must cooperate

• Top management must take the lead

• A define and known safety and health policy

• Organization and resources to achieve policy

• Best available knowledge and methods

 Regulations
1. Occupational Safety and Health (Employers’ Safety and Health General Policy Statements) (Exception)
Regulations 1995.

2. Occupational Safety and Health (Control of Industrial Major Accident Hazards) Regulations 1996.

3. Occupational Safety and Health (Safety & Health Committee) Reg. 1996.

4. Occupational Safety and Health (Safety and Health Officer) Regulations 1997.

5. Occupational Safety and Health (Safety and Health Officer) Order 1997.

6. Occupational Safety and Health (Prohibition of Use of Substance) Order 1999.

7. Occupational Safety and Health (Use & Standards of Exposure of Chemicals Hazardous to Health) Reg.
2000.
8. Occupational Safety and Health (Notification of Accident, Dangerous Occurrence, Occupational Posioning
and Occupational Disease) Reg. 2004.

9. Occupational Safety and Health (Classification, Labelling and Safety Data Sheet of Hazardous
Chemicals) Regulations 2013.

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1 Guidelines for Public Safety and Health at Construction Site 1994
2 Guidelines on Occupational Safety and Health in the Office 1996
3 Guidelines on First-Aid Facilities in the Workplace 1996
4 Examination Syllabus for Engineer's Certificate of Competency (Steam and Internal Combustion Engines) Examination 1996
5 Guidelines on Method of Sampling and Analysis for Airborne Lead 1997
6 Guidelines for the Formulation of a Chemical Safety Datasheet 1997
7 Guidelines for the Classification of Hazardous Chemicals 1997
8 Guidelines for Labelling of Hazardous Chemicals 1997
9 Guidelines on Occupational Safety and Health in Tunnel Construction 1998
10 Garispanduan Pendaftaran Tenaga Pengajar &Pengendalian Kursus Induksi Keselamatan & Kesihatan Pekerja Sektor Binaan 2000
11 Guidelines for the Registration of Assessors, Hygiene Technician and Occupational Health Doctor (OHD) 2000
12 Guidelines for the Preparation of a Chemical Register 2000
13 Guidelines on Trenching for Construction Safety 2000
14 Assessment of the Health Arising from Use of Hazardous Chemical in the Workplace (2nd Edition) 2000
15 Guidelines on the Control of Chemicals Hazardous to Health 2001
16 Guidelines on Medical Surveillance 2001
17 Garispanduan Penyediaan Dokumen Demonstrasi Operasi Selamat (Am) 2001
18 Garispanduan Penyediaan Dokumen Demonstrasi Operasi Selamat (Penstoran Gas Petroleum Cecair Di Dalam Selinder) 2001
19 Panduan Bagi Pencegahan Tekanan Dan Keganasan Di Tempat Kerja 2001
20 Guidelines on Monitoring of Airbone Contaminant For Chemicals Hazardous To Health 2002
21 Guidelines on Occupational Safety and Health for Standing at Work 2002
22 Guidelines on Reproductive Health Policy & Programmes at the Workplace 2002
23 Guidelines on Occupational Safety and Health in Agriculture 2002
24 Guidelines on Occupational Vibration 2003
25 Guidelines on Occupational Safety and Health for Seating at Work 2003
26 Garispanduan Untuk Memohon Sebagai Pusat Pengajar Pegawai Keselamatan dan Kesihatan 2003
27 Guidelines on Occupational Safety and Health in Fishing and Aquaculture Operation 2003
28 Guidelines on Gender Issues in Occupational Safety and Health 2003
29 Guidelines on Occupational Safety and Health for Working with Video Display Unit (VDU’s) 2003
30 Guidelines on Occupational Safety and Health In Logging Operations 2004
31 Guidelines on Preventing and Responding to Drugs and Alcohol Problems In The Workplace 2004
32 Guidelines on Occupational Safety and Health In Service Sector 2004
33 Guidelines on First-Aid in the Workplace (2nd Edition) 2004
34 Guidelines on Occupational Health Services 2005
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Summary

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