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Occupational Safety and Health Act
1994 (OSHA)

The Occupational Safety and
Health Act 1994 (Act 514) is a
piece of Malaysian legislation
which has been gazetted on the
25 February 1994 by the
Malaysian Parliament.
The Occupational Safety andThe Occupational Safety and
Health Act 1994Health Act 1994

 PART I PRELIMINARY
 PART II APPOINTMENT OF OFFICERS
 PART III NATIONAL COUNCIL FOR OCCUPATIONAL
SAFETY AND HEALTH
 PART IV GENERAL DUTIES OF EMPLOYERS AND SELF-
EMPLOYED PERSONS
 PART V GENERAL DUTIES OF DESIGNERS,
MANUFACTURER AND SUPLIERS
 PART VI GENERAL DUTIES OF EMPLOYERS
 PART VII SAFETY AND HEALTH ORGANISATIONS
 PART VIII NOTIFICATION OF ACCIDENTS, DANGEROUS
OCCURRENCE, OCCUPATIONAL POISONING AND
OCCUPATIONAL DISEASES AND INQUIRY

OSHA 1994 (ACT 514)
- Contents (Continued)
 PART IX PROHIBITION AGAINST USE OF PLANT OR
SUBSTANCE
 PART X INDUSTRY CODES OF PRACTICE
 PART XI EFORCEMENT AND INVESTIGATION
 PART XII LIABILITY FOR OFFENCES
 PART XIII APPEALS
 PART XVI REGULATIONS
 PART XV MICELLANEOUS

First Schedule (OSHA)
 Manufacturing
 Mining and Quarrying
 Construction
 Agriculture, Forestry and Fishing
 Utilities:
 Electricity;
 Gas;
 Water; and
 Sanitary Services

First Schedule (OSHA)-contd.
 Transport, Storage and Communication
 Wholesale and Retail Trades
 Hotel and Restaurants
 Finance, Insurance, Real Estate and
Business Services
 Public Services and Statutory Authorities

The Factory and Machinery Act
1967 (Act 139) is a piece of
Malaysian legislation which was
enacted in 1967 as Act No. 64 of
1967 and revised on April 1, 1974 as
Laws of Malaysia Act 139. The Act
was gazette on February 1, 1970.
TheThe Factory and MachineryFactory and Machinery
Act 1967Act 1967

The Factory and Machinery
Act 1967
The principle of the act is "An Act to
provide for the control of factories
with respect to matters relating to
the safety, health and welfare of
person therein, the registration and
inspection of the machinery and for
matters connected therewith".

The Factory and Machinery
Act 1967
The jurisdiction of the Act only
covers less than 20 percent of all
working areas in Malaysia, the
Malaysia government has enacted
the
Occupational Safety and Health Act 1994
which covers almost all areas of
work within Malaysia.

The list of regulations under this Act are:
 1. Occupational Safety and Health (Employers'
Safety and Health General Policy Statements)
(Exception) Regulations 1995
 2. Occupational Safety and Health (Control of
Industry Major Accident Hazards) Regulations 1996
 3. Occupational Safety and Health (Safety and Health
Committee) Regulations 1996
 4. Occupational Safety and Health (Classification,
Packaging and Labelling of Hazardous Chemicals)
Regulations 1997

The list of regulations under this Act are:
 5. Occupational Safety and Heath (Safety and Health
Officer) Regulations 1997
 6. Occupational Safety and Health (Prohibition of Use
of Substance) Order 1999
 7. Occupational Safety and Health (Use and
Standards of Exposure of Chemicals Hazardous to
Health) Regulations 2000
 8. Occupational Safety and Health (Notification of
Accident, Dangerous Occurrence, Occupational
Poisoning and Occupational Disease) Regulation
2004

The Occupational Safety and
Health Act 1994
The principle of the Act is "An Act to
make further provision for securing that
safety, health and welfare of persons at
work, for protecting others against risks
to safety or health in connection with the
activities of persons at work, to establish
the
National Council for Occupational Safety and H
and for matters connected therewith"

Part I - Interpretation.
Section 3
“Contract of service” – any agreement whether in oral or in writing and
whether express or implied, whereby one person agrees to employ another
as an employee and that other agrees to serve his employer as an
employee and includes an apprenticeship contract.
“Council” – the National Council for Occupational Safety and Health
established under Section 8.
“Industry” – the public services, statutory authorities or any of the
economic activities listed in the First Schedule.
“Employer” – means the immediate employer or the principal employer
or both.
“Occupier” – in relation to a place of work, means a person who has the
management or control the place of work.
“Place of work” – means premises where persons work or premises
used for the storage of plant or substance.

Part I - Interpretation - continued
Section 3
“Premises” – includes any land, building or part of any building; any
vehicle, vessel or aircraft; any installation on land, offshore installation or
other installation whether on the bed of or floating on any water and any
tent or moveable structure.
“Self-employed person” –an individual who works for gain or reward
otherwise than under a contract of employment or not he himself employs
others.
“Plant” – includes any machinery, equipment, appliance, implement or
tool, any component thereof and anything fitted, connected or appurtenant .
“Substance” –any natural or artificial subtance whether in solid or liquid
form or in the form of a gas and vapour or any combination.
“Trade union” – any association or combination of workmen or
employers within the meaning of the Trade Unions Act 1959.

Part I - Objectives of the Act.
Section 4 – Objects of the Act:-
To ensure the safety, health and welfare of persons
at work.
To protect person at a place of work other than
persons at work.
To promote an occupational environment for persons
at work which is adapted to their physiological and
psychological needs.
To provide the means towards a system of
regulations and approved industry codes of practice.

Part IV: General Duties of Employers and
Self-Employed Persons
 Section 15 – As far as practicable
 (1) Ensure the safety, health and welfare of all workers while at
work
 (2) This includes:
 a) Making arrangements and maintenance of plants and
work system
 b) Making arrangements for the use, handling, storage
and transportation of the plant and substances (materials).
 c) Provision of information, instruction, training and
supervision.
 d) Provide and maintain workplace / access routes to and
from work areas.
 e) Provide and maintain work environment with adequate
welfare facilities.

Part IV - Worker Interpretation
 Section 15 – Additional Provision.
 Includes: Independent contractor engaged by an
employer or a self employed person and any
employees of the independent contractor.

 Other duties
 Section 16 - Formulate a written Safety and Health Policy
 Section 17(1) - Conduct operations without endangering
the safety of others – non-workers and public.
 Section 17(2) - Provide information to others on business
operations.
 Section 18 - An occupier of non-domestic premises shall
take measures to ensure that the place of work is/are safe
and without risks to health to the persons other than his
employees.
 Section 19 – A person who contravenes the above section
shall be guilty of an offence and shall on conviction be
liable to fine not exceeding RM 50K or imprisonment for a
term not exceeding 2 years or to both.

 Importance of a Safety and Health Policy
 Long term objective
 Continuous commitment at all levels of management.
 Delegation of task at lower management levels.

 Safety and Health Policy - Statement of intent
 Safety must be given priority in all daily work activities.
 Safety is to be integrated into all daily work activities.
 Safety of workers and others (visitors, guests, outsiders)
are of utmost priority.
 The company will do anything in its power to avoid and
prevent accidents.

Part VI: General Duties of Employees
 Section 24
 Ensure personal safety and that of others.
 Cooperate with employer and others.
 Properly wear and /or use personal protective
equipments that are provided.
 Comply to any safety instructions.

 Section 25
 An Employee:
 Who intentionally, recklessly or negligently interfere
of misuse anything provided or done in the interest of
safety, health and welfare in pursuance of the Act
shall be guilty of an offence.

 Section 26
 The employer may not charge employees for things done
or provided in pursuance of this Act.
 Section 27
 Employer /Trade Union may not discriminate – dismiss,
injure or change position of any employee who makes
complaint that he is not safe or is risk to health and also
exercises his functions as a member of the Safety and
Health Committee.

Part VII - Safety and Health Officer
 Section 29
 Specific industries gazzetted.
 Employ a competent person to act as a safety and
health officer.
 Specific responsibilities to ensure compliance to the
Act and promotion of safe work.
 Qualification and training requirements.

Part VII - Safety and Health Committee
 Section 30
 To be established if:
 There are 40 or more workers.
 Instructed by Director General
 Membership, selection and appointment as prescribed.
 Consultation with employer

Safety and Health Committee Functions
 Section 31
 To review all safety and health measures that have
been taken.
 Investigate issues concerning occupational safety and
health and bring to attention of employer.
 Other functions may be determined.

Part VIII: Notification of accidents, dangerous
occurrence, occupational poisoning
& diseases & inquiry.
 Section 32
 Employers to inform the nearest Department of
Safety and Health office (DOSH).
 Registered Medical Practitioners should report to the
Director General.

29
OUTLINE OF PRESENTATIONOUTLINE OF PRESENTATION
CIDB

31
1. Excavation is man-made cut, cavity, trench or
depression in the earth’s surface formed by earth
removal.
2. A trench is a narrow underground excavation that
is deeper than it is width.
3. Excavations present a range of particular –
stability of the soil, the proximity of underground
services or the presence of water.
INTRODUCTION :INTRODUCTION :
CIDB

32
INTRODUCTION :INTRODUCTION :
4. Factor affecting stability:-
 Large load
 Insufficient shoring
 Vibration
 High water table.
CIDB

33
1. Collapse of side – lack of or inadequate or weak
shoring.
2. Workers falling into excavation – lack of barriers
or inadequate fencing.
3. Asphyxiation – exhaust gases from plant,
machinery and other work process collected at
the bottom of excavation.
4. Falling of spoil placed at the edge of excavation.
5. Failure to maintain shoring/support system.
POTENTIAL HAZARDS :POTENTIAL HAZARDS :
CIDB

34
1.1. Prior to commencing work:-Prior to commencing work:-
a.a. All the underground services have been located andAll the underground services have been located and
marked.marked.
b.b. Arrangements for sloping/benching.Arrangements for sloping/benching.
c.c. An adequate supply of suitable.An adequate supply of suitable.
d.d. Safe method is used for putting in and taking outSafe method is used for putting in and taking out
support system.support system.
CONTROL MEASURES:CONTROL MEASURES:
CIDB

35
Sloping & Benching
Shoring
Box shoring
CIDB

36
2. The excavation should be inspected daily2. The excavation should be inspected daily
3.Thoroughly examined after explosives haveThoroughly examined after explosives have
been used, after unexpected falls of materials orbeen used, after unexpected falls of materials or
adverse weather condition .adverse weather condition .
CIDB

37
Safe access/igressSafe access/igress
Edge protectionEdge protection
Stability of adjacentStability of adjacent
structurestructure
Underground waterUnderground water
Protection against floodProtection against flood
Location of imposedLocation of imposed
loadsloads
CIDB

39
INTRODUCTION:INTRODUCTION:
 To achieve proper
support of structures
are distribution of
structural loads to
foundations.
 The intensity of the
loads transferred will
not cause shear
failure or settlement.
CIDB

40
HAZARDS:HAZARDS:
 Collapse of pile
driving equipment.
 Loss of loads- pile
being hoisted.
 Workers being
crushed by loads.
 Collapse of
kentledge during load
test.
 Noise.
CIDB

41
 Pile driver/rig – operated by
competent operator (well
trained and experienced
personnel.
 All equipment to be inspected
daily prior to commencement
of work.
 Thoroughly examined by
approved person at least
once in 12 months.
 Safety clothing including hard
hats, safety shoes, safety
glasses and hearing
protection.
CIDB

42
 Designated person – in-
charge of the work and
personally direct and give
the operating signals.
 If any operating
abnormalities are observed,
the hammer should be
stopped immediately.
 All personnel should stay
clear of the work area
during operations.
CIDB

43
 Designated person should check stability of
kentledge or load before commencing the test.
 Restricted area.
 Only authorized personnel to enter for taking
test readings.
 Move out as soon as possible after taking the
readings.
 Fire extinguishers & first aid box must be kept
available at all times.
CIDB

45
 The term “service” means all
underground electricity, gas,
water, sewer pipes,
telecommunications plant and
liquid petroleum services and
oil pipelines.
 If does not include
underground structures such
as brick sewers, railway
tunnels, etc.
CIDB

46
HAZARDS:HAZARDS:
1. Electrical Cables
 Damage to live
electricity cables.
 Fatal burns to the
hands, face and
body.
 Direct electric shock
is rare but not
impossible.
CIDB

47
HAZARDS:HAZARDS:
2. Gas Lines
 Damage which causes
an immediate escape of
toxic gas.
 Damage which causes
an escape some time
later.
CIDB

48
HAZARDS:HAZARDS:
3. Water Pipes & Sewer
Lines
 Damage to water pipes
could wash away subsoil
and reduce the support for
adjacent services, highways
and structures.
 Further dangers-risks of
flooding.
 The main danger from
damage to a sewer is the
possibility of contamination.
CIDB

49
1. Planning
 Obtained pertinent information
before excavation work starts.
 Indications that buried services
exist such as the presence of
street lights, illuminated traffic
signs, valve pit covers etc.
 However the absence of such
indications does not
necessarily mean that there are
no buried services.
CIDB

50
2. Cables & Pipe Locating
Devices
 Use suitable cable and pipe
locating devices.
 Location plan- to determine
as accurately as possible the
position of traceable
underground services in or
near the proposed work
area.
CIDB

51
3. Safe Digging
Practices
 Start with trial holes.
 Start digging by using
hang tools as necessary
to confirm the position of
any buried services.
 If any service is found, it
should be assumed to
be live until proved
otherwise.
CIDB

52
 Obtain written confirmation of disconnection from the service
owner before removing a redundant service.
 Services uncovered in an excavation may need to be
supported.
 If the underground services have been found to be too
shallow/the plans or other information have proved to be
inaccurate, informed owners before backfilled.
 If a underground service suffers damage, informed the owner
should immediately.
 In the case of electrical cables, gas pipes or high pressure
water mains, arrangements made to keep people well clear of
the area until it has been repaired or otherwise made safe by
the owner.
CIDB

CIDB
54
Collapses of formwork has the potential for
severe injury and death.
INTRODUCTIONINTRODUCTION

CIDB
55
1. Erection of Falsework
Collapse due to poor design or poor erection (not
complying with approved design and drawings.
Poor access – slips and falls, abrasions, strains and
sprains.
Fall from the edge of floor/opening.
Manual handling- Strains and sprains; injuries such
as back damage while handling and fixing falsework.
HAZARDSHAZARDS

CIDB
56
2. Fixing Steel Reinforcement.
 Poor access – slips and falls,
abrasions, strains and sprains.
 Inadequate edge/opening - fall from
the edge of floor/opening.
 Manual handling- Strains and
sprains; injuries such as back
damage while handling and fixing
reinforcement bars.
 Sharp edges- Cuts from
reinforcement bar ends or tie wire.
HAZARDSHAZARDS

CIDB
57
3. Pouring/Placing of Concrete.
 Poor access – slips and falls,
abrasions, strains and sprains.
 Inadequate opening/opening
protection – fall from the edge of
floor/opening.
 Violent ejection of concrete from
bucket/hose at first moment of
delivery-falls onto the floor or off the
edge of the floor.
 Walking on wet floor-Slip on wet
formwork or reinforcement and fall;
trip or twist ankle.
HAZARDSHAZARDS

CIDB
58
 Wet concrete-splashes into the eyes.
 Noise from operating machineries-
hearing damage from continuous
noise over a long period.
 Vibration-muscoskeletal
disorder/white fingers from using of
concrete vibrator for a long period.
 Skin/eye contact with concrete-skin
rash or allergy/dermatitis; concrete
splashed in eye.
HAZARDSHAZARDS

CIDB
59
4. Striking-off
Falsework.
 Poor communication-
collapse of structure due
to premature dismantling
of falsework.
 Dismantling not done in
sequence-hit or struck
by falling falsework
components.
 Poor housekeeping-slip,
trip or twist ankle.
HAZARDSHAZARDS

CIDB
60
1. Planning.
 What needs to be supported and how it should be done?
 How long the falsework will be in use?
 Appointment of competent designated person.
 Competent and adequately trained machine operators.
2. Design.
 Significant falsework structures should be designed by a
competent person to ensure adequate stability, strength
and stiffness.
CONTROL MEASURESCONTROL MEASURES

CIDB
61
3. Materials – Falsework should be constructed or adapted
so as to be suitable for the purpose for which it is used.
 It should be strong enough and stable in use.
 Damaged components should not be used.
4. Erection of Falsework.
 Before erection-risk assessment should be carried out and a
safe system of work developed.
 Approved method statement-read and understand by those
doing the work.
 Falsework should be stable at all stages of erection and be
regularly checked.
 Only “Approved working drawings” should be used.

CIDB
62
5. Pouring/Placing Concrete
 Safe access must be provided.
 Falsework and formwork have
been inspected and approved
for concreting work.
 Concrete should not be poured
too rapidly or from such a height
as to overload the
formwork/falsework.
 When using crane-competent
operator and trained signalman.

CIDB
63
5. Pouring/Placing Concrete
 Concrete spillage should not be
allowed to accumulate on
falsework.
 All workers handling cement and
concrete should wear suitable
eye protection, gloves and
rubber boots.
 In the use of vibrators care must
be taken that form ties are not
broken.
 Vibrator motors on elevated
platform should be firmly
secured.

CIDB
64
6. Striking-off Falsework
 The designated person should agree
the time of striking.
 A written permit-to-strike procedure is
strongly recommended.
 A striking sequence should be
established and followed.
 Suitable temporary platforms must be
provided for workers carrying out
dismantling works.
 Loose fittings and materials should
be removed before dismantling
begins.

CIDB
65
6. Striking-off Falsework
 Dismantled materials should be
placed directly into storage areas.
 Materials sticking into concrete and
liable to fall should be removed as
work proceeds.
 Projecting nails must be removed or
hammered down .
 Suitable nets should be fixed where
necessary to prevent or control the
fall of materials.
 Openings must be securely covered
or guarded.
 Debris should be cleared as work
proceeds.

67
 Factories & Machinery (Safety, Health &
Welfare) Regulations 1970 defined working
at height as……
“any work platform at a place from
which the worker will be liable to fall a
distant of more than 3.0m”
CIDB

68
HAZARDS:HAZARDS:
 1. Collapse of temporary structures.
 2. Fall of workers.
 3. Fall of materials/objects.
CIDB

69
1. Temporary work platforms.
a. Scaffolding.
 Designed, erected, altered and dismantled in
accordance to Part X, Factories & Machinery
(Building Operations & Works of Engineering
Construction) (Safety), Regulation 1986.
 Inspected scaffolds by competent person at every
7 days interval upon completion of erection and
after every bad weather.
CIDB

70
1. Temporary work platforms.
a. Scaffolding (continued).
 Stable-If necessary should be secured to the
building/structure.
 Checked for clearances from nearby power-lines prior to
its erection.
 Mobile scaffold-castor wheel locked.
 Mobile scaffold-traveling path of clear off electrical and
other hazards.
b. Working platform and access platform must have full
edge protection comprising handrail, mid-rail and toe-
board.
CIDB

71
2. Elevated Working Platform (EWPs)
 Risk assessment-identify EWP is
appropriate for the intended work.
 EWPs must be operated by properly
trained operator.
 Self-propelled EWPs-firm level
surfaces.
 Person working on EWP-wear fall
arrest device connected anchor point
in basket.
 The EWP should be left in a properly
stowed safe configuration whether it is
unattended.
CIDB

72
3. Guardrails.
 Adequate strength to withstand the impact of
a person falling against them.
 In place prior to any work commencing and
should not be removed until all work is
complete.
4. Falling Materials/Objects
 Provide a safe means of raising and lowering
plant, materials and debris in the place of
work.
 Personal protective equipment to minimize
the risk associated with falling objects.
 Secure physical barrier to prevent objects
falling freely from buildings.
CIDB

74
1. “Confined space” is a space which:-
 is not intended as a regular workplace.
 Has restricted means of entry or exit.
 Is large enough and so configured that an
employee can bodily enter and perform
assigned work.
 Is at atmospheric pressure during occupancy.
CIDB

75
2. In addition this space has at least one of these
characteristics:-
 It contains or has a potential to contain a hazardous
atmosphere.
 It contains material (solid or fluid) that has potential
engulfing an entrant.
 It has internal configuration such that an entrant could
be trapped or asphyxiated by inwardly converging
walls or by a floor which slopes downward and taper to
a smaller cross-section.
 It contains any other recognised serious safety or
health hazards for example rotors.
CIDB

76
3. Examples:-
 Septic tanks, manholes and sumps.
 Basement.
 Trenches, pipes, ducts and tunnels.
CIDB

77
HAZARDS:HAZARDS:
 Manholes, tunnels, trenches set in chalk soil – party fill
with carbon dioxide gas, displacing breathable air.
 Manholes in contaminated ground – poisonous or
flammable gases (e.g. near underground petrol tanks).
 Manholes, pits or trenches connected to sewer –
flammable and/or poisonous gases and/or insufficient
oxygen in the air.
CIDB

78
 Test shows presence of
dangerous air- NO ENTRY.
 Before entry – test to
determine levels of oxygen
present, and NO dangerous
amounts of flammable and/or
poisonous gases.
 Unsafe atmosphere –
appropriate RPE to be
provided.
CIDB

79
 Entrants – training and instruction in the precautions to be
taken inside the area.
 Adopt permit-to-work system.
 Stand-by person-stationed outside the space to keep watch
and communicate with anyone inside.
 Rescue harnesses should be worn by all those inside the
confined space.
 Rescue procedures should be included in the training of
workers.
 Rescue equipment including emergency breathing apparatus
should be available near the entrance at all times.
 No attempt should ever be made to clear fumes or gases with
pure oxygen.
CIDB

81
1. Hand Tools.
 Hand tools are non-powered.
 They include anything from
axes to wrenches.
2. Power Tools
 They are several types of
power tools based on the
power source they use; electric
pneumatic, liquid fuel, hydraulic
and power-actuated.
CIDB

82
HAZARDS:HAZARDS:
1. Hand Tools – Some Examples.
 Using a screwdriver as a chisel-tip of the screwdriver to
break and fly, hitting the user or other employees.
 If a wooden handle on a tool such as a hammer or an axe is
loose, splintered or cracked-head of tool-fly off and strike the
user or another worker.
Sledge
hammer
CIDB

83
HAZARDS:HAZARDS:
2. Power Tools – Some
Examples:
 Electric-powered tools-burns and
slight shocks-lead to injuries or
even heart failure.
 Powered abrasive grinding,
cutting, polishing and wire buffing
wheels – may throw off flying
fragments.
 Pneumatic tools – hit by one of
the tool’s attachments.
CIDB

84
1. Hand Tools.
 Select the right tools for the right jobs.
 Examine every tool before each use – equipment so worn or
damaged should be repaired or removed from service.
 Caution employees that saw blades, knives or other tools be
directed away from aisle areas and other employees working in
close proximity.
 Cutting tools must be sharp.
 Appropriate PPE e.g. safety goggles, gloves etc. should be worn
due to hazards that may be encountered while using hand tools.
 Floors be kept as clean and dry as possible to prevent
accidental slips with or around dangerous hand tools.
CIDB

85
2. Power Tools.
 Never carry a tool by cord or hose.
 Never yank the cord or the hose to disconnect it from the
receptacle.
 Keep cords and hoses away from heat, oil and sharp edges.
 Disconnect tools when not in use, before servicing and when
changing accessories such as blades, bits and cutters.
 Secure work with clamps or a vice freeing both hands to operate
the tool.
 Avoid accidental starting. The worker should not hold a finger on
the switch button while carrying a plugged-in tool.
CIDB

86
2. Power Tools - continued.
 Tools should be maintained with care.
 Tools should be kept sharp and clean for the best
performance.
 Follow instructions in the user’s manual for lubricating
and changing accessories.
 Be sure to keep good footing and maintain good
balance.
 The proper apparel should be worn – loose clothing,
ties or jewellery can become caught in moving parts.
CIDB

87
2. Power Tools - continued.
 All portable electric tools that are
damaged shall be removed from
use and tagged “Do not use”.
 Hazardous moving parts of a
power tool need to be
safeguarded.
 Adopt ‘lock-out tag-out’ system
for maintenance of tools.
CIDB

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