OCCUPATIONAL SAFETY AND HEALTH FOR

TECHNOLOGISTS, ENGINEERS, AND

MANAGERS

SHAZWAN AMINUL HUSSAINI BIN SHAHRIZIN MOHD SYAFIQ BIN CHE LONG MOHD HILMI BIN RAMLI MUHD RADZRIE A’FFENDI BIN ABDUL RAHIM AMIRUL IKHWAN BIN ABDULLAH

MY GROUP

FACTORIES AND MACHINERIES ACTS OCCUPATION SAFETY AND HEALTH ACTS ACTS AND RELATED TO ENVIRONMENT FACTORIES AND MACHINERY REGULATION PENALTIES AND COMPOUND RELATED INTERNATIONAL STANDARDS COMPENSATION

ACTS AND REGULATION

FACTORIES AND MACHINERIES ACTS

CONTROL OF FACTORIES REGISTRATION INSPECTION OF MICHINERY FMA 1967 APPLIES TO MAINLY FACTORIES AND

CONSTRUCTION SITES FMA AND OSHA-ENABLING ACTS FMA LIMITED TO MANUFACTURING INDUSTRY

ACTS AND REGULATIONS

PREMILARY SAFETY,HEALTH,AND WELFARE PERSON IN CHARGE NOTIFICATION OF ACCIDENT S NOTICE OF OCCUPATION OF FACTORY GENERAL

FMA 1967 DIVIDED INTO 6 PARTS

PREMILARY• There must be a definition factory

premises and boundaries can be defined. In the factory premises should be no manual labor to do the work. This process must involve the making, altering, repairing, or namenting, finishing, cleaning, washing, split demolition or adapt to any product sales and build operations, hoisting machinery, machinery, steam. This process is also necessary for trading purposes ..

SAFETY ,HEALTH AND WELFARE• Premises must be structurally

soundwith safe accessto work areas, materials and goods must be safelystacked.

• Machinery must be of sound construction and dangerous parts must befenced

• Employees Must Not misuse safety and health equipment

• Employees must be trained on the safety of machinery

PERSON IN CHARGE• Machinery operators must be adequately

trained under the supervision of a trained person

• Young persons under 16 years must not operate machinery

NOTIFICATION OF ACCIDENT• Inspectors may investigate accidents and

dangerous occurrence and hold enquiries into more serious cases.

• The Occupier must notify the nearest inspector of accidents and diseases.

NOTICE OF OCCUPATION OF FACTORY• Notify Department of Occupational Safety and

Health(DOSH)within 3 months of the intended start date.

• Building operations must be notified if last more than 6 weeks

• Changes to the use of factory and machinery must be notified to DOSH.

GENERAL• General penalty RM2,000.00• Certain sections is RM5,000.00

OCCUPATIONAL SAFETY

AND HEALTH ACT OCCUPATIONAL SAFETY AND HEALTH ACT 1994 (ACT

514)

4.1.1 The provisions of the Occupational Safety and Health Act 1994 requires every employer:

1. Provide a communication channel to allow any employee to make a complaint about any matter prejudicial to the safety and health at work.

2. Take appropriate action on complaints and incidents mentioned above.

3. Report on the incident to the Department of Occupational Safety and Health Malaysia.

The purpose of this Act is as follows: 1. Ensure the safety, health and welfare of

employees at work. 2. Protecting people at the venue. 3. Promoting a work environment that suits

physiology and psychology of employees. 4. Provides a method where worker health and safety

regulations can be progressively replaced by systems industry regulations and codes of practice which operates in conjunction with the 514 to maintain or improve the safety and health standart.

The purpose of this Act is as follows:

In line with the provisions of Section 16 of the Occupational Health and

Safety Act 1994 (Act 514), it is hereby stated that Health and Safety Policy:

1. Creating safety and health management system that continuously and regularly work in accordance with the requirements of state law

2. Create an area and a safe work environment, health and wellness and safety equipment appropriate and sufficient so as not to disrupt the safety and health at work

3. Provide information, instruction and training to foster self-discipline staff so that they can adopt a high level of security in any job

4. Train staff so that they can serve as role models to students in occupational health and safety aspects

5. Promote awareness of occupational safety and health to students so that they can accept and practice the safety and good health as common practice when they complete their studies and deal with society and the workplace.

Occupational Health and Safety Policy

ACTS RELATED TO

ENVIRONMENT

ENVIRONMENT 1986 - The Environment (Protection) Act authorizes the central

government to protect and improve environmental quality, control and reduce pollution from all sources, and prohibit or restrict the setting and /or operation of any industrial facility on environmental grounds.

1989 - The objective of Hazardous Waste (Management and Handling) Rules is to control the generation, collection, treatment, import, storage, and handling of hazardous waste.

1989 - The Manufacture, Storage, and Import of Hazardous Rules  define the terms used in this context, and sets up an authority to inspect, once a year, the industrial activity connected with hazardous chemicals and isolated storage facilities.

1989 - The Manufacture, Use, Import, Export, and Storage of hazardous Micro-organisms/ Genetically Engineered Organisms or Cells Rules were introduced with a view to protect the environment, nature, and health, in connection with the application of gene technology and microorganisms.

 

1991 - The Public Liability Insurance Act and Rules and Amendment, 1992 was drawn up to provide for public liability insurance for the purpose of providing immediate relief to the persons affected by accident while handling any hazardous substance.

1995 - The National Environmental Tribunal Act has been created to award compensation for damages to persons, property, and the environment arising from any activity involving hazardous substances.

1997 - The National Environment Appellate Authority Act has been created to hear appeals with respect to restrictions of areas in which classes of industries etc. are carried out or prescribed subject to certain safeguards under the EPA.

1998 - The Biomedical waste (Management and Handling) Rules is a legal binding on the health care institutions to streamline the process of proper handling of hospital waste such as segregation, disposal, collection, and treatment.

1999 - The Environment (Siting for Industrial Projects) Rules, 1999 lay down detailed provisions relating to areas to be avoided for siting of industries, precautionary measures to be taken for site selecting as also the aspects of environmental protection which should have been incorporated during the implementation of the industrial development projects.

2000 - The Municipal Solid Wastes (Management and Handling) Rules, 2000 apply to every municipal authority responsible for the collection, segregation, storage, transportation, processing, and disposal of municipal solid wastes.

2000 - The Ozone Depleting Substances (Regulation and

Control) Rules have been laid down for the regulation of production and consumption of ozone depleting substances.

2001 - The Batteries (Management and Handling) Rules, 2001rules shall apply to every manufacturer, importer, re-conditioner, assembler, dealer, auctioneer, consumer, and bulk consumer involved in the manufacture, processing, sale, purchase, and use of batteries or components so as to regulate and ensure the environmentally safe disposal of used batteries.

2002 - The Noise Pollution (Regulation and Control) (Amendment) Rules lay downsuch terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address systems during night hours (between 10:00 p.m. to 12:00 midnight) on or during any cultural or religious festive occasion2002 - The Biological Diversity Act is an act to provide for the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits arising out of the use of biological resources and knowledge

associated with itForest and wildlife

Water 1882 - The Easement Act allows private rights to use a resource that

is, groundwater, by viewing it as an attachment to the land. It also states that all surface water belongs to the state and is a state property.

1897 - The Indian Fisheries Act establishes two sets of penal offences whereby the government can sue any person who uses dynamite or other explosive substance in any way (whether coastal or inland) with intent to catch or destroy any fish or poisonous fish in order to kill.

1956 - The River Boards Act enables the states to enroll the central government in setting up an Advisory River Board to resolve issues in inter-state cooperation.

1970 - The Merchant Shipping Act aims to deal with waste arising from ships along the coastal areas within a specified radius.

1974 - The Water (Prevention and Control of Pollution) Act establishes an institutional structure for preventing and abating water pollution. It establishes standards for water quality and effluent. Polluting industries must seek permission to discharge waste into effluent bodies.The CPCB (Central Pollution Control Board) was constituted under this act.

1977 - The Water (Prevention and Control of Pollution) Cess Act provides for the levy and collection of cess or fees on water consuming industries and local authorities.

1978 - The Water (Prevention and Control of Pollution) Cess Rules contains the standard definitions and indicate the kind of and location of meters that every consumer of water is required to affix.

1991 - The Coastal Regulation Zone Notification puts regulations on various activities, including construction, are regulated. It gives some protection to the backwaters and estuaries.

Air1948 – The Factories Act and Amendment in 1987 was the first to express concern for the working environment of the workers. The amendment of 1987 has sharpened its environmental focus and expanded its application to hazardous processes.

1981 - The Air (Prevention and Control of Pollution) Act provides for the control and abatement of air pollution. It entrusts the power of enforcing this act to the CPCB

1982 - The Air (Prevention and Control of Pollution) Rules defines the procedures of the meetings of the Boards and the powers entrusted to them.1982 - The Atomic Energy Act deals with the radioactive waste.1987 - The Air (Prevention and Control of Pollution) Amendment Act empowers the central and state pollution control boards to meet with grave emergencies of air pollution.

FACTORY AND MACHINERY

REGULATIONS Factories and Machinery (FMA) is in force in 1967 • provide for the control of factories with respect to matters

relating to the safety, health and welfare at work • provide for the registration and inspection control

machinery. • Act only applies to premises defined in it example: especially factories and construction sites

• Occupational Safety and Health Act (OSHA), 1994, replace the Factories and Machinery Act 1967

factories and machineries acts (objective) *Control of factories Operations With Respect to

safety, health and welfare of persons. *Registration and inspection of machinery. *OSHA 1994 supersedes the FMA 1967 in the event

of any conflict *FMA 1967 applies to mainly factories and

construction sites. *FMA and OSHA –enabling act (gave power to

minister to gazette detail regulations).

*FMA-limited to manufacturing industry,mining and

quarrying and construction. *FMA 1967 divided into 6 parts. -Preliminary. -Safety, health and welfare - Persons-in-charge and certificates of competency -Notification of accidents, dangerous occurrence

and dangerous diseases - Notice of occupation of factory and registration

and use of machinery - General

Factories and Machinery (Certificates of Competency –

Examinations) 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 (Notification of Fitness and

Inspections) Regulations, Factories and Machinery (Person- In-

Charge)Regulations, 1970 Factories and Machinery (Safety, Health and Welfare)

Regulations, 1970

regulation under the acts.

Factories and Machinery (Steam Boiler and Unfired

Pressure Vessel) Regulations, 1970 Factories and Machinery (Administration)Regulations,

1970 Factories and Machinery (Compounding of

Offences)Rules, 1978 Factories and Machineries (Lead) 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, 1989

PENALTIES AND

COMPOUNDPenalty ProcessPenalty can be levied only on Adjudication of contravention, by the Adjudicating Authority.

A long drawn process requiring filing of complaint, issue of notice, submission of replies, follow of judicial procedure, exercise of judicial powers, inquiry, hearings, and not so early an order. Then, possibility of going in appeals.

Involves cost in terms of money, time and energies.

Till the final disposal of the adjudication, a sword is hanging on head.

Sec 15 of FEMA provides for compounding. Accordingly, any

contravention under section 13 can be compounded.

Compounding means, to compromise or settle while agreeing to the contravention, and paying the required fine. An alternative to litigation.

In various laws such provisions are there. For example, under sec. 621A in Companies Act, 1956, under sec. 24A of SEBI Act 1995, under sec. 320 of Code of Civil Procedures. Most common instance of compounding is when you are caught jumping a red light and pay against a challan under sec 200 of the Motor Vehicles Act.

Alternative available by way of

compounding

RELATED INTERNATIONAL STANDARDS (e.g. EUROPEAN DIRECTIVE)

According to the U.S Department of Labor, OSHA’S mission and purpose can be summarized as follows:-

Encourage employers and employees to reduce workplace hazards Implement new safety and health programs. Improve existing safety and health programs. Encourage research that will lead to innovative ways of dealing with

workplace safety and health problems. Establish the rights of employers regarding the improvement of

workplace safety and health Monitor job – related illnesses and injuries through a system of reporting

and record keeping. Estblish training programs to increase the number of safety and health

professionals and to improve their competence continually Estblish mandatory workplace safety and health standards and enforce

those standards Provide for the development and approval of state-level workplace safety

and health programs Monitor,analyze,and evaluate state level safety and health programs.

COMPENSATION Workers' compensation is a form of insurance providing wage

replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The tradeoff between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain".

While plans differ among jurisdictions, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form of health insurance), and benefits payable to the dependents of workers killed during employment (functioning in this case as a form of life insurance).

General damages for pain and suffering, and punitive damages for employer negligence, are generally not available in workers' compensation plans, and negligence is generally not an issue in the case. These laws were first enacted in Europe and Oceania, with the United States following

Employment Compensation Act 1952 Employers are responsible for paying compensation to foreign

workers in the disaster contingency-Work of industrial accidents and road traffic accidents (vehicle provided by the employer) and Occupational Disease.

Foreign Workers Compensation Scheme Section 26 (2) APP (1952) empowers the Minister to make an

order (order) of Workmen's Compensation (Foreign Workers Compensation Insurance Scheme order) 2005

COMPENSATION This scheme include: - self-injury as a result of an accident arising out of and in the

time of employment. Assessment by the Department of Labour (in tables)

Injury to yourself outside working hours. (Assessment by the insurer)

Accident Benefits Working Hours: - Permanent Disablement RM23, 000.00 RM23, 000.00 RM23, 000.00 60-month earnings 84-month earnings 108 months of income 18 Years on 16 Years and above but below 18 years Under 16 know

Occupational injuries: - Payment assistance is always These payments amounted to one quarter of the

fee provided for Permanent Disability. (Maximum RM23, 000)

INJURIES OUTSIDE WORKING HOURS: - DEATH OR PERMANENT DISABILITY Total Fee of Rs 23,000 Cost Shipping (Repatriation Expenses) amounted RM 4,800 or actual cost whichever is lower.

Distribution of Death Benefit Dependants Insurance Insurers will deposit the

compensation with the Department of Labour (Labour)

Labour dependents will obtain information from the High Commission or Embassy for the purpose of distribution of benefits

compensation payments in the form of bank draft payable to the High Commission or Embassy.

FINISH