chapter 2 law regulation standard

1

“Ocean of Discoveries”KEJ4502

CHAPTER 2LAWS, REGULATION AND STANDARDS

KEJ4502Risk Assessment and Plant Safety

9th March 2015 .

.

.

2

Occupational Accidents Statistics by Sectors in Malaysia (Dec 2014)


Source: www.dosh.gov.my

3

Occupational Accidents Statistics by State in Malaysia (Dec 2014)



4

Fatal Accident Case (Fire & Explosion)



5

Fatal Accident Case (Chemical exposure)



6


WHAT ARE THE RIGHTS FOR WORKERS?

7


What rights do the

workers have under OSHA?

Right to Safe & healthful workplace

Right to know about

hazardous chemicals

Right to info about injuries & illnesses in

workplace

Right to complain or

request hazard

correction

Right to training

8


What rights do the

workers have under OSHA?

Right to hazardous

exposure and medical records

Right to file a complaint with

OSHA

Right to participate in

an OSH inspection

Right to be free from retaliation

for exercising safety and

health rights

9


What responsibilities

does an employer has under OSHA?

Provide a workplace free from recognised hazards and comply

with OSHA standards

Keep records of injuries and illnesses

Provide medical exams when required

by OSHA standards and provide workers

access to their exposure and medical

records

Provide and pay for PPE

Not discriminate against workers who exercise their rights under the OSHA act

10

Before Safety Act…

EVERY YEAR in UK1000 people killed at work

½ million injured23 millions working days were lost due to injuries and illnesses

Loss of production and diverted resources cost $ 200 M

Accidents were regarded as part of the jobUsually blame on the carelessness of workers


11

History of Safety Act

Act is a law enacted by the parliament or congress.

Factory Act 1802 is the first known safety legislation and it was issued in England.

During this time, the safety philosophy was based on the idea that;

“Safety can be achieved through regulations and supervision by government”

Safety Acts


12

Lord Robens’ Committee Report (1972) introduced a new safety philosophy;

“Responsibilities to ensure the safety and health at the workplace lies with those who create the risk and with those work with the

risk”


13

Safety related legislations/acts and agency in charge

Safety legislations in Malaysia

Acts Agency

Factory and Machinery Act 1967 Factory & Machinery Dept (FMD)(Jabatan Kilang dan Jentera)

Petroleum (Safety Measures) Act 1984 Factory & Machinery Dept (FMD)Local/Relevant Authority

Occupational Safety and Health Act (OSHA) 1994

Dept. of Occupational Safety and Health (DOSH)

Petroleum Development Act 1974 PetronasMinistry of International Trade & Industry (MITI)Ministry of Domestic Trade and Consumer Affairs

Gas Supply Act 1993 Suruhanjaya Tenaga


14

Purpose of OSHA 1994:

To promote and encourage OSH awareness among workers

To create organization with effective safety and health measures

OSHA 1994


15

OSHA 1994 covers:

Manufacturing, Mining and Quarrying, Construction, Agriculture,

Forestry and Fishing, utilities (Electricity, Gas, Water and Sanitary services), Transport, Storage and Communication, Wholesale and Retail

Trades, Hotels and Restaurants, Finance, Insurance, real Estate and Business Services, Public Services and Statutory Authorities

Work on Board of Ship, Armed Forces

NOT covers:


16

Self-regulation (Pengaturan kendiri)

Consultation (Rundingan)

Workers Co-operation and Participation(Kerjasama dan Penglibatan Pekerja)

Philosophy & Guiding

Principle of OSHA 1994


17

Guiding Principle Descriptions

Self Regulation To promote safety and health awareness and establish effective safety organisation and performance through self-regulation schemes designed to suit the particular industry or organisation.(Employers must develop their own good and orderly OSH management system)

Consultation The act provides the gradual replacement of existing safety and health requirement stipulated by existing legislation, by revised and updated provisions in the form of a system of regulation and apprised codes of practice prepared in consultation with tripartite organisation (Employers, employees and the government).

Co-operation Cooperate with employers and others in meeting statutory requirements. The act also requires employees not to interfere with or misuse anything provided to protect their safety, health or welfare in compliance with the act.

Guiding Principles of OSHA 1994


18

Concept of OSHA 1994• Accident prevention is an essential part of good

management and workmanship• Top management must take the lead• Management and workers must cooperate• A define and known safety and health policy• Organization and resources to achieve policy• Best available knowledge and methods


19

FMA 1967 vs OSHA 1994FMA 1967 (act 139) OSHA 1994 (act 154)

Scope Only cover OSH in the manufacturing, mining, quarrying, works of engineering in construction Cover 24% of the manpower

Cover ALL economic activities & government except armed forced & seafarers

Cover 90% of the manpowerApproach •Prescriptive

•Too dependent on government•Concern for inspection by regulation authorities

•Self regulation•Supported by code of practices, guidelines etc.•Tri-partite responsibilities,•Worker cooperation & participation

Objective •Focus on control of factories & machinery •Registration & inspection of machines•Less provision for health

•To safe guard, health & welfare of employees & those at the place of work eg. Visitors, contractors etc.


20

Functions of Safety and Health Committee


Assist in the development of safety & heath rules and safe systems of work

Review the effectiveness of safety and health programmes

Carry out studies on the trends of accident, near-miss accident, dangerous occurrence, occupational poisoning or occupational disease which occurs at the workplace.

Report to the employer of any unsafe or unhealthy condition or practices at the place of work together with recommendations for corrective actions

Review the safety and health policies at the place of work and make recommendations to employer for any revision of such policies.

Source: Regulation 11, Occupational Safety and Health (Safety and Health Committee) Regulation 1996

21

Act 154

Occupation Safety and Health Act 1994

Regulations under OSHA 1994

Order

Guidelines Code of practice


22

Term Definition

Regulation A rule that must be followed

Order A command to do something

Codes of Practice/guidelines

A practical guide to achieve the standards of health and safety required under the OSHA and Regulations

It provide duty holders with guidance on effective ways to manage work health and safety risks.

Regulation, Order and Codes of Practice


23

Regulations under OSHA 1994


Regulations Abbr.

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

2. OSH (Control of Industrial Major Accident Hazards) Regulations 1996

CIMAH

3. OSH (Safety and Health Committee) Regulations 1996

SHC

4. OSH (Classification , Packaging and Labeling of Hazardous Chemicals) Regulations 1997

CPL

5. OSH (Safety and Health Officer) Regulations 1997 SHO

6. OSH (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000

USECHH

7. OSH (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Diseases) Regulations 2004

NADOOPOD

24

Order Content

1. OSHH (Safety and Health Officer Order 1997

• Citation and commencement• Interpretation• Class or description of industries required

to employ safety and health officer2. OSH (Prohibition of Use of

Substance) Order 1999• Citation and commencement• Prohibition of use of substance

Selected Order under OSHA 1994


25

Guidelines under OSHA 1994

Guidelines Year

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 for the Formulation of a Chemical Safety Datasheet 1997

6. Guidelines for the Classification of Hazardous Chemicals 1997

7. Garis Panduan Penyediaan Dokumen Demonstrasi Operasi Selamat (Am)

2001


26

Codes of Practice under OSHA 1994

Code of Practice

1. Code of Practice on Prevention and Management of HIV/AIDS at the Work Place

2. Code of Practice for Safe Working in a Confined Space

3. Kod Amalan Pencegahan dan Pembasmian Penyalahgunaan Dadah dan Alkohol di Tempat Kerja


27

Example: www.gasmalaysia.com


28


Suggest any TWO regulations/guidelines/C.O.P that are enforced/recommended by government to reduce occupational safety and health issues related to chemicals.

29


Prevention of Exposure to Hazardous Chemicals

Occupational Safety and Health (Classification, Labelling & Safety Data Sheet of Hazardous Chemicals) Regulation 2013

Generic CHRA

Industry COP on Indoor Air Quality, 2010

Simple Risk Assessment and Control (SiRAC)

chapter 2 law regulation standard

Documents