Notification of Accident, Dangerous Occurrence, Occupational Poisoning

and Occupational Disease Regulations 2004

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SAFETY AND HEALTH OFFICER CERTIFICATE PROGRAMME

Arrangement of Regulations

� Part I– Preliminary

� Part II – Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease

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Disease

� Part III – No Interference at Accident or Dangerous Occurrence Scene

� Part IV – Maintenance of All Records of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease

� Part V – Miscellaneous

Part I: Preliminary

� These Regulations shall come into force on 22 April 2004

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� “Authorised” – by DOSH, police, rescue & emergency services, other relevant government agencies

� “Approved” – by the Director General of DOSH

Part I: Preliminary

� These Regulation shall apply to all places of work.

� The compliance with these Regulation shall be deemed to have complied with the provisions of:

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deemed to have complied with the provisions of:

� Section 31 and 32 of FMA 1967

� Regulation 13 of Petroleum (Safety Measures)(Transportation of Petroleum by Pipelines) Regulations 1985

� Regulation 23 of CIMAH Regulations 1996

Part II – Notification and Reporting of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease

� Reporting of any death, injury or condition of a person shall not apply to a patient when undergoing treatment or surgery by a doctor or dentist.

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doctor or dentist.

Part II – Notification and Reporting of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease

� Whenever any accident arising out of or in connection with work which caused:� Death; or

Serious bodily injury (First Schedule) which

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� Serious bodily injury (First Schedule) which prevents the person from following his normal occupation for more than 4 calendar days; or

� When a dangerous occurrence (Second Schedule) takes place

• The employer shall notify the nearest DOSH by the quickest means available

• Within 7 days send a report in an approved form (JKKP 6)

Part II – Notification and Reporting of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease

� Whenever any accident arising out of work or in connection with work which causes bodily injury to any person which prevents the person from following his normal

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the person from following his normal occupation for more than 4 calendar days,

- the employer shall within 7 days send a report in an approved form to DOSH

Part II – Notification and Reporting of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease

� When an employee, as a result of an accident arising out of or in connection with work suffers an injury which causes death within

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suffers an injury which causes death within 1 year of the date of the accident,

- the employer shall inform the Director General in writing of the death as soon as it comes to his knowledge whether or not the accident has been reported earlier.

Part II – Notification and Reporting of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease

� Self-employed person who is injured at his own premise is exempted form reporting by the quickest means but

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reporting by the quickest means but need to arrangements for the report to

be sent to DOSH by other person

Part II – Notification and Reporting of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease

� When a person at work suffers or likely to suffer from one of the occupational poisonings or occupational diseases listed in Third Schedule, - the employer shall within

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Third Schedule, - the employer shall within 7 days send a report to DOSH in an approved form – JKKP 7

Part II – Notification and Reporting of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease

� Every registered medical practitioner or medical officer attending to, or called in to visit a patient whom he believes to be suffering from any of the Occupational

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suffering from any of the Occupational Poisoning or Occupational Disease listed in Third Schedule shall:

� Within 7 days report the matter to the Director General in an approved form – JKKP 7

� Notify the employer of the patient

Part II – Notification and Reporting of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease

� Self-employed suffering from occupational poisoning or disease listed in Third Schedule can make arrangements for the report to be sent

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make arrangements for the report to be sent to DOSH within 7 days after being informed by the medical practitioner or medical officer.

Part III - No Interference at Accident or Dangerous Occurrence Scene

� At scene of accident that causes death, serious bodily injury, serious damage to property and dangerous to plant, - no person

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property and dangerous to plant, - no person shall remove or in any way interfere with or disturb anything related to the incident, unless authorised to do so.

Part III - No Interference at Accident or Dangerous Occurrence Scene

� But he can do the necessary action such as:

� To save life or prevent injury or relieve

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To save life or prevent injury or relieve suffering

� Maintain access of general public to essential service or utility

� Prevent further damage or serious loss of property or environment

Part IV – Maintenance of All Records of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease

� Every employer shall maintain record of allaccidents, dangerous occurrences, occupational poisonings and occupational diseases that had occurred related to work

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diseases that had occurred related to work under his control whether or not the incident had been reported, in a register in an approved form – JKKP 8

Part lV – Maintenance of All Records of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease

� The record shall be kept at the place of work or business for at least 5 years.

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� The extract from the registry for a period of 12 months ending 31 December of each year to be sent to the Director General before 31 January of each year

Part lV – Maintenance of All Records of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease

� The Director General may require persons to furnish further information with regards to the accident, dangerous occurrence, occupational

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accident, dangerous occurrence, occupational poisoning and occupational disease reported.

Part V – Miscellaneous

� The Minister may by order amend any Schedule to these Regulations from time to time –Gazette

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� Any person who contravenes any provision of these Regulations, commits an offence and shall, on conviction, be liable to a fine not exceeding Ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

FIRST SCHEDULE

SERIOUS BODILY INJURY

1. Emasculation

2. Permanent privation of the sight of either eye

3. Permanent privation of the hearing of either ear

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4. Privation of any member or joint

5. Destruction or permanent impairing of the powers

of any member or joint

6. Permanent disfiguration of the head or face

Cont..

7. Fracture of dislocation of the bone

8. Loss of consciousness from the lack of oxygen

9. Loss or acute illness from absorption, inhalation or ingestion of any substance, which requires treatment

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ingestion of any substance, which requires treatment by registered medical practitioner

10. Any case of acute ill health where there is a reason to believe that this resulted from occupational exposure to isolated pathogen or infected material

11. Any other work related injury or burns which results in the person injured being admitted into hospital for more than 24 hrs

SECOND SCHEDULE

� PART I – Dangerous Occurrence which are notifiable wherever the occur

� PART II – Dangerous Occurrence which are notifiable in relation to Mines

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relation to Mines

� PART III – Dangerous Occurrence which are notifiable in relation to the Quarries

� PART IV – Dangerous Occurrence which are notifiable in relation to Forestry

� PART V – Dangerous Occurrence which are notifiable in relation to Agriculture

Dangerous Occurrence which are notifiable wherever they occur:

� Collapse of scaffold

� Collapse of building or structure

Electrical short circuit

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� Electrical short circuit

� Escape of substance

� Explosion, fire or failure of structure

� Lifting machinery, etc

THIRD SCHEDULEOccupational Poisoning and Occupational Disease

� Poisoning� Arsenic

� InfectionsAIDS

� Activity

� Use, handling, exposure to fumes, dust etc

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� AIDS

� Skin disease� Skin cancer

� Lung disease� Pneumoconiosis

� Other conditions� Cancer

dust etc

FOURTH SCHEDULEMatters which the Director General may require to be notified

� Further details of the circumstances leading to the reported accident.

Further details about the name and/or

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� Further details about the name and/or design of any plant involve in the reported accident.

� Safety systems and procedures for the control of the plant or substance involved in the reported accident.

FOURTH SCHEDULEMatters which the Director General may require to be notified

� Qualification, experience and training of staff, consultants or advisers having use or control of any plant or substance or concerned with safety systems or procedures

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concerned with safety systems or procedures

� Design and operation documentation

FOURTH SCHEDULEMatters which the Director General may require to be notified

� Arrangements for the protection of personnel from any plant or substance connected with the reported incident

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� Details of any examination of, or test carried out on, any plant or installationinvolved in the reported incident

� Any available information about levels of exposure of persons at the work place to airborne substance