Occupational safety and health for technologists, engineers
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
FACTORIES AND MACHINERIES ACTS
OCCUPATION SAFETY AND HEALTH ACTS
ACTS AND RELATED TO ENVIRONMENT
FACTORIES AND MACHINERY REGULATION
PENALTIES AND COMPOUND
RELATED INTERNATIONAL STANDARDS
ACTS AND REGULATION
FACTORIES AND MACHINERIES ACTS
CONTROL OF FACTORIES
INSPECTION OF MICHINERY
FMA 1967 APPLIES TO MAINLY FACTORIES AND
FMA AND OSHA-ENABLING ACTS
FMA LIMITED TO MANUFACTURING INDUSTRY
PERSON IN CHARGE
NOTIFICATION OF ACCIDENT S
NOTICE OF OCCUPATION OF FACTORY
FMA 1967 DIVIDED INTO 6 PARTS
• 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, s
plit demolition or adapt to any product
sales and build operations, hoisting
machinery, machinery, steam. This
process is also necessary for trading
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
• Employees must be trained on the safety of
PERSON IN CHARGE
• Machinery operators must be adequately trained
under the supervision of a trained person
• Young persons under 16 years must not operate
NOTIFICATION OF ACCIDENT
• Inspectors may investigate accidents and dangerous
occurrence and hold enquiries into more serious
• 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
• 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 penalty RM2,000.00
• Certain sections is RM5,000.00
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
2. Take appropriate action on complaints and incidents mentioned
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
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
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
and Safety Policy
ACTS RELATED TO
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
1989 - The objective of Hazardous Waste (Management and
Handling) Rules is to control the
generation, collection, treatment, import, storage, and handling of
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
2000 - The Municipal Solid Wastes (Management and
Handling) Rules, 2000 apply to every municipal authority
responsible for the
collection, segregation, storage, transportation, processing, a
nd 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
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 down
such 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
2002 - 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
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
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
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
1948 – 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
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
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
FACTORY AND MACHINERY
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
especially factories and construction sites
• Occupational Safety and Health Act (OSHA), 1994, replace the
Factories and Machinery Act 1967
factories and machineries acts
*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
*FMA 1967 applies to mainly factories and construction
*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.
-Safety, health and welfare
- Persons-in-charge and certificates of competency
-Notification of accidents, dangerous occurrence and
- Notice of occupation of factory and registration and
use of machinery
Factories and Machinery (Certificates of Competency –
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
Factories and Machinery (Person- In-
Factories and Machinery (Safety, Health and Welfare)
regulation under the
Factories and Machinery (Steam Boiler and Unfired
Pressure Vessel) Regulations, 1970
Factories and Machinery
Factories and Machinery (Compounding of
Factories and Machineries (Lead) Regulations,1984
Factories and Machinery (Building Operations And Works
of Engineering Construction)(Safety) Regulations, 1986
Factories and Machinery (Noise
Factories and Machinery (Mineral Dust)Regulations, 1989
Penalty can be levied only on Adjudication of contravention, by the
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
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
STANDARDS (e.g. EUROPEAN
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
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
Provide for the development and approval of state-level workplace safety and
Monitor,analyze,and evaluate state level safety and health programs.
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
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
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: -
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
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.