Occupational Safety and Health (Safety

and Health Officer) Regulations 1997

SMOL5203
OSH LEGISLATION
MASTER in OSH RISK MANAGEMENT
OPEN UNIVERSITY of MALAYSIA

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 SCOPE

OCCUPATIONAL SAFETY AND HEALTH (SAFETY AND HEALTH

OFFICER) REGULATIONS 1997
• Background
• Contents
• Six (6) Part of the Regulations
• Conclusion
OCCUPATIONAL SAFETY AND HEALTH (SAFETY AND HEALTH
OFFICER) ORDER 1997
• Contents
• Conclusion

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 OBJECTIVES OF THE REGULATIONS

Control of high risk industries

Assist to improve the level of occupational safety and

health in high risk industries

Create an effective and systematic safety management

system at the workplace

Facilitates the employer to conduct all work activities

safely

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 OCCUPATIONAL SAFETY AND HEALTH (SHO)
REGULATIONS 1997

CONTENTS: SIX (6) PARTS

Part 1 : Preliminary

Part II : Registration of a Safety and Health Officer

Part III : Notification of a Safety and Health Officer

Part IV : Duties of An Employer

Part V : Duties of Safety and Health Officer

Part VI : Miscellaneous

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INTERPRETATIONS (Regulation 2)

Loss-time injury
• An injury which prevents any worker from performing normal work and leads to a permanent or
temporary incapacity of work

No loss-time injury
• An injury where no work is lost beyond that required for medical attention

Director General
• Director General of Occupational Safety and Health appointed under subsection 5(1) of the Act

Near-miss accident
• Any accident at a place of work which has the potential of causing injury to any person or damage
to any property

Continuous education programme

• Course, seminar or conference or other education programme in occupational safety and health or
equivalent thereof, approved by the Director General

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 APPLICATION (Regulation 3)

The regulations shall apply to:

• A person who acts as a Safety and Health
Officer required under the Act or any
regulations under it
• An employer of the class or description of
industries who are required to employ a
safety and health officer under the Act

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REGISTRATION (Regulation 4)
• A person is required to register with the Director
General to act as a Safety and Health Officer

REGISTRATION APPLICATION (Regulation 5)

• To use the Form as specified in Schedule 1
• The document is to be submitted together with any
documents and information accompanied with
RM100 processing fee

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QUALIFICATION FOR REGISTRATION (Reg. 6)
1. Successfully completed training* in OSH and passed any examinations for that
course, or equivalent approved by the Minister
• Has minimum three years experience in OSH;
• Passed verification by DOSH (if any)

2. Diploma in OSH or equivalent, approved by Minister

• Has minimum three (3) years experience in OSH
• Passed the interview conducted by DOSH

3. Has been working in the area of OSH at least for a period of ten years;
•Passed the interview conducted by DOSH

Holds other qualifications or has received training as prescribed from time to time
by the Minister

*Courses that are conducted by NIOSH or any other approved training providers.

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 A person shall not be entitled for
registration if at time of application he:
• has been convicted of any offence under the Act or its
regulations
• has convicted of any offence and sentenced to over 1
year imprisonment or RM2000 fine
• is declared bankrupt

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CERTIFICATE OF REGISTRATION (Reg. 7)

• Issued by the Director General (DOSH) after all requirements have been
fulfilled

COMPULSORY ATTENDANCE IN ANY CONTINUOUS

EDUCATION PROGRAMME (Reg. 8)
• A Safety and Health Officer is required to attend a continuous education
programme (CEP) at least once a year for the purpose of renewal of
registration

REFUSAL TO REGISTER (Regulation 9)

• The Director General may refuse to register any application for registration
if he is satisfied that the applicant does not meet the prescribed
requirements

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DURATION OF REGISTRATION (Reg. 10)
• Valid for a period of three years (3) from date of registration, unless cancelled earlier according to the rules
of the Regulations
RENEWAL OF REGISTRATION (Reg. 11)
• Renewal shall be made via the form as in Schedule II, with a fee of RM50

REFUSAL TO RENEW REGISTRATION (Reg. 12)

Director General may refuse to renew if applicant:

• Has ceased to be a SHO
• Is a registered SHO but was not appointed to the position since his registration or renewal
• Has not met any stipulated requirements
• Has failed to conduct duties as stipulated
• Has shown no evidence of CEP in the last 3 years

CANCELLATION OF REGISTRATION (Reg. 13)

The Director General may cancel the registration if the SHO:

• Has ceased to be a SHO
• Has been convicted of any offence under the Act or its Regulations
• Has not met any requirements stipulated under the Regulations or Order by Minister
• Has obtained registration by misinterpretation or fraud

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NOTIFICATION OF PERSON EMPLOYED AS SHO
(Reg. 14)
• The Employer shall notify the Director General within one
month of any:
• Appointment or
• Termination or resignation of a Safety and Health Officer

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FACILITIES (Regulation 15)
• The employer will provide the SHO employed by him adequate facilities,
including training equipment and information to enable him to conduct
his duties as required by the Act
CONTINUOUSEDUCATION PROGRAMME (Reg. 16)
• Employer shall permit the SHO to attend any continuous education
programme once a year to enhance his knowledge and skills
ACCIDENT INVESTIGATION (Regulation 17)
• An employer shall direct one supervisor or manager who has direct
access the place of work to assist the SHO in any investigation, of
accident, near-miss, dangerous occurrence, occupational poisoning or
occupational disease
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a) Advise the employer or any person in charge of the workplace on measures to
be taken in the interest of safety

b) Conduct workplace safety inspection

c) Investigate any accident, near-miss accident, dangerous occurrence,

occupational poisoning or occupational disease

d) Assist the employer and safety and health committee to organise and
implement a safety and health programme at work

e) Become the secretary to the safety and health committee and perform
all functions of the secretary as prescribed

f) Assist the committee in any inspection of the place of work

g) Collect, analyse and maintain any statistics on occurrence of accidents/ disease

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SUBMISSION OF REPORT (Regulation 19)

The SHO is to
submit a report (b) Method of (d) Any
(c) Number
to the establishing machinery,
and types of
employer (a) Any action and plant,
accidents,
before every to be taken by maintaining a equipment,
poisoning,
tenth of the the employer safe and appliance,
disease
month. The to comply with healthy substance or
including the
report shall requirements working process that
number of
contain, but are condition in may cause
persons injured
not limited to, the workplace bodily injury
the following:

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 (e) Any
(g) Any work
machinery,
(f) related to (i) Any
plant, (h) Any
Recommendat occupational matters
equipment, outstanding
ions on safety and related to
appliance, or matters
alterations to health carried safety and
personal arising from
structure or our in order to health of
protective the previous
layout in the promote persons
equipment report under
interest of safety and working in the
required to items a-g
safety health at place of work
minimise such
work
a risk

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ACTION TO BE TAKEN ON REPORT (Reg. 20)

• Discuss with the SHO

Employer or the contents of the
person in charge, report within 2 weeks
after receiving of receiving it
• Countersign the report
report, shall: to confirm receipt

Report shall be
held in good
condition for at
least ten years

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 DEATH, SICKNESS AND ABSENCE FROM WORK
(Regulation 21)

In the event of the death, sickness or absence from work of

a SHO, the Director General may authorise the employer, in
writing, to allow work to be carried out for a period not
exceeding three months without a SHO

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 OCCUPATIONAL SAFETY
AND HEALTH (SAFETY AND
HEALTH OFFICER) ORDER
1997 (P.U.(A)316)

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INDUSTRIES REQUIRED TO EMPLOY A SHO

a) Building operation b) Work of engineering

where the contract construction where
price exceeds RM20 the contract price
million exceeds RM20 million

d)Any gas processing

c) Any ship building
activity or
employing at the peak
petrochemical
of work over 100
industries employing
employees
over 100 employees

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 e) Any chemical or allied
industry employing over 100
employees
g) Any metal industry where
canning or stamping or
blanking or shearing or
bending operations and
employing over 100
employees
i) Any cement manufacturing
activity employing over 100
employees
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f) Any boiler or pressure
vessel activity employing
over 100 employees
h) Any wood working industry where
there is cutting or sawing or planning
or moulding or sanding or peeling or
any combination of the above, and
employing over 100 employees
j) Any other manufacturing
activity other than specified
in f) – i), employing over 500
employees
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 OCCUPATIONAL SAFETY AND HEALTH
(SAFETY AND HEALTH OFFICER)
REGULATIONS 1997
CONCLUSION
Consists of 6 Parts:
1. Preliminary
2. Registration of a Safety and Health Officer
3. Notification of a Safety and Health Officer
4. Duties of An Employer
5. Duties of Safety and Health Officer
6. Miscellaneous

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 OCCUPATIONAL SAFETY AND HEALTH (SAFETY
AND HEALTH OFFICER)
ORDER 1997

CONCLUSION
Issued by the Minister
The appointment of a Safety and Health Officer
is required for classes and types of industries that
are:
◦ High risk and have over 100 workers
◦ Medium risk and have over 500 workers

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 EXERCISE

1. State the objectives of the Occupational

Safety and Health (Safety and Health
Officer) Regulations 1997
2. List the 6 parts of the Regulations
3. Explain the duties and responsibilities of a
Safety and Health Officer (SHO)
4. Identify industries required to employ a
qualified and registered SHO

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