UNIVERSITI TUN HUSSEIN ONN MALAYSIA

ASSIGNMENT
SEMESTER I
SESSION 2020/2021

COURSE NAME : OSH LEGISLATION AND REGULATION

COURSE CODE : BNS 10103

STUDENT NAME : NOOR ALIANA BINTI ROSURI (CN200097)

COURSEWORK : INDIVIDU ASSIGNMENT

ASSESSMENT : REPORT

LECTURER NAME : EN MOHD FUAD BIN YASAK

 TABLE OF CONTENTS

NO. CONTENT PAGE

1. Introduction 1-2
2. Discussion : Case Study 1 3-7
3. Discussion : Case Study 2 8 - 11
4. Discussion : Case Study 3 12 - 18
5. Conclusion 19
 INTRODUCTION

Accident , incident and nearmisess arise for sum of reasons that may results a nominal
or tragic, causing minor injury, impairment to equipment or even in some cases, major injury
or death. Employees and organization need to be aware at all times to avoid accidents and
investigate the common causes for workplace accidents and be able to identify the risk factors
early to prevent it . A conducive and viable working environment may help the organization to
run their daily operation efficiently, thus achieve their productions. Considering on how much
important safety at workplace, the Malaysia government has made energies by providing laws
enforced by Department of Occupational Safety and Health (DOSH) that state about Factories
And Machinery Act 1967 and Occupational Safety and Health Act (OSHA) 1994 Act 514 .
Factory And Machinery Act 1967 which is an Act to provide for the control of factories with
respect to matters relating to safety, health and welfare or person therein, the registration and
inspection of machinery and for matters connected therewith while (OSHA) 1994 Act 514 was
formulated mainly referring to the British Occupational Safety and Health Act 1970 that
contains a general duty for employers.

The scope of OSHA 1994 covers all persons at work both in private and public sectors
except on board ships and the armed forces. Workplace accidents not only impacts to the
employees and families but , it also may effect daily production for employers and
management. Accidents through preventable however still occur due to various causes.
Awareness on why an accident happens is the first step in prevention as its solution. The aim
of this study is to identify sectors that contribute to the workplace especially the fatalities. This
study was carried-out based on the analysis of the reported occupational accident cases
obtained from Occupational Accident statistics by sector that reported to Department of
Occupational Safety and Health (DOSH) to raise the level of awareness towards safety and
health especially for the employers or supervisors generally identify the common causes that
contribute to the accident among the employees in any sector related for early preventative
action to reduce further accident at the workplace.

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 OCCUPATIONAL ACCIDENT STATISTICS BY SECTOR UNTIL NOVEMBER 2020

(REPORTED TO DOSH ONLY)

STATE NPD PD DEATH TOTAL

JOHOR 1077 61 37 1175
KEDAH 304 14 3 321
KELANTAN 94 2 3 99
MELAKA 310 5 8 323
N.SEMBILAN 400 13 3 416
PAHANG 345 16 17 378
PERAK 737 25 10 772
PERLIS 22 0 0 22
PULAU PINANG 717 18 13 748
SABAH 204 20 20 244
SARAWAK 353 17 25 395
SELANGOR 1443 59 35 1537
TERENGGANU 102 2 6 110
WPKL 224 3 13 240
WP LABUAN 12 1 0 13
TOTAL 6344 256 193 6793

LEGEND:
PD - PERMANENT DISABILITY
NPD- NON PERMANENT DISABILITY
Source: International Policy and Research Development Division

OCCUPATIONAL ACCIDENT STATISTICS BY SECTOR UNTIL NOVEMBER 2020

(REPORTED TO DOSH ONLY)

SECTOR NPD PD DEATH TOTAL

Hotel and Restaurant 144 2 1 147
Utilities (Electricity, Gas, Water and Sanitary Service) 228 3 4 235
Finance, Insurance, Real Estate and Business Services 303 6 14 323
Construction 160 4 58 222
Transport, Storage and Communication 343 6 10 359
Manufacturing 4027 209 58 4294
Wholesale and Retail Trade 123 3 1 127
Public Services and Statutory Authorities 77 2 3 82
Mining and Quarrying 32 1 2 35
Agriculture, Forestry and Fishery 907 20 42 969
TOTAL 6344 256 193 6793
LEGEND:
PD - PERMANENT DISABILITY
NPD- NON PERMANENT DISABILITY
Source: International Policy and Research Development Division.

2
 DISCUSSION

Table I: Figures for the case studies

Case study 1

1. Violation : Factories and Machinery 1967 (Safety, Health and Welfare) Regulations
1970, Regulations 12 - Working at a height.

Details of violation : Where any person is required to work at a place from which he
will be liable to fall a distance of more than ten feet, means shall be provided to ensure
his safety such means shall where practicable include the use of safety belts or ropes.

Justification :

(i) Based on the picture , worker A didn’t wear an appropriate Personal Protective
Equipment (PPE) such as safety helmets, safety belts or ropes while installing
the roof.
(ii) He also working too close to power lines and no harness.
(iii) The worker are exposed to fall and might increase accident at the workplace.

3
2. Violation : Factories and Machinery 1967 (Safety, Health and Welfare) Regulations
1970, Regulations 13 - Confined spaces

Details of violation :
1) Where any work has to be done inside any chamber, tank, vat, pit, pressure or
other vessel or other confined space in which dangerous fumes are liable to be
present to such an exten as to involve risk to any person being overcome
thereby, such confined spaces shall, unless there is other adequate means of
egress, be provided with a manhole; such manhole may be rectangular, oval or
circular in shape, and shall not be less than sixteen inches wide or not less than
eighteen inches in diameter if circular.

2) No person shall be required or permitted to enter any confined space unless –

(a) all practicable steps have been taken to remove any fumes which may be
presented and to prevent any ingress of fumes;
(b) it has been ascertained by a suitable test that the confined space is free from
dangerous fumes;
Provided that where such test cannot be carried out the person entering the
confined space shall wear an efficient respiratory protective device suitable for
the dangerous substance that is to be expected and a suitable safety belt with
attached life line of adequate dimensions leading to a convenient point outside
the tank or vessel; and
(c) a realible and competent person is stationed at the entrance to the tank or vessel
to supervise the operations and to take such action as may be necessary in any
emergency.

Respiratory protective device

3) Suitable respiratory protective device, reviving apparatus, belts and ropes shall
be provided and maintained, and shall be readily accessible.

4
 Justification :
(i) Based on the picture, worker B are not provide with efficient respiratory
protective before entering the confined space.
(ii) The worker might increase the possibility to respiratory hazards that include
airbone contaminats such as biological contaminants, dusts, mists, fumes, gases
or oxygen-deficient atmosphere.
(iii) He also not wearing an appropriate PPE such safety harness and also safety
helmet while performing the works in the confined space.
(iv) Additional precautions must be taken to ensure the safety of the worker to
entering the confined space by installing safety sign .

3. Violation : Factories and Machinery 1967 (Building Operations and Works of

Engineering Contruction) Regulations 1986, Regulations 13 - Eye protection

Details of violation : Suitable eye protection equipment shall be provided by the

employer and shall be used by employees while engaged in welding or cutting
operations or chipping, cutting or grinding any material from which particles may fly,
or while engaged in any other operation which may endanger the eyes.

Justification :

(i) From the picture that have given, worker C didn’t wear an appropriate Personal
Protective Equipement PPE such as safety glasess with side shields when
welding .
(ii) The workers are exposed to flying particles,debris and also can cause irritation
and chemical burns.
(iii) Might increase the possibility of eye injury or intense pain in the eyes.

5
4. Violation : Factories and Machinery 1967 (Building Operations and Works of
Engineering Construction) Regulations 1986, Regulations - 21 Storage of materials and
equipment.

Details of violation :
1) All building materials shall be stored or stacked in a safe and orderly manner so
as not to obstruct any passageway or place of work.
2) Materials piles shall be stored or stacked in such a manner as to ensure stability.
3) Material or equipment shall not be stored upon any floor or platform in such
quantity as to exceed its safe carrying capacity.
4) Material or equipment shall not be stored or placed so close to any edge of a
floor or platform as to endanger persons below.

Justification :
(i) Based on the picture in the red circle ,the tools on ground are not stored properly
by the worker.
(ii) Might increase the possibility for the tools to fall or trip and endanger to the
workers below the confined space.

5. Violation : Factories and Machinery 1967 (Building Operations and Works of

Engineering Construction) Regulations 1986, Regulations 40 -Work on steep roofs

Details of violation :
1) Where work is being performed on roofs having a slope greater than one in
four, there shall be provided protection against sliding, consisting of roofing
brackets or crawling boards.
2) The provisions of subregulations (1) shall not apply where every employee
engaged in work upon such roofs is protected by a safety belt

6
Violation : Factories and Machinery 1967 ( Safety, Health and Welfare) Regulations
1970, Regulations 28 – Temperature

Details of violation :

3) Any building constructed wholly or partly of materials having a high coefficient

of heat transmission which are subject to the heat of the sun shall be lined with
suitable insulating material or coated with white paint, white-wash or other heat
reflecting material or so lined and so coated.

Justification :
(i) Based on my observation, worker D , who is working on the steep roofs are not
protected with safety harness during installing the roof bracket.
(ii) He also working in a high temperature on the roof and might exposed to heat .
(iii) The worker might increase the chances to fall and trip from above.

7
 A

B
E

C
F

Case study 2

1. Violation : Factories and Machinery 1967 (Safety, Health and Welfare) Regulations
1970, Regulations 20 - Stacking of material.

Details of violation :

1) Material stack or pipes shall be placed on firm foundations not liable to settle
and shall not be subject to a weight so as to overload the floor.
2) No material shall be stacked –
(a) againts particions or walls of buildings , unless it is known that the partition or
wall is of sufficient to withstand the pressure; and
(b) to a height which would render the stack or pile unstable.

Justification :

(i) Based on the picture labelled A, there was stacked material unevently beside
the wall at the warehouse.
(ii) Staking materials which is arranged in a lot of quantities at a height position
will make them fall on the floor.
(iii) Possibilty to enhance injury to the worker if they are passing through the area.

8
2. Violation : Factories and Machinery 1967 (Safety, Health and Walfare) Regulations
1970, Regulations 23 - Cleanliness

Details of violation :
1) In every factory the following provision relating to cleanliness shall apply –
(a) There shall be provided and maintained a sufficient number of suitable
receptacles for the collection of refuse, rubbish and waste matter all
such refuse, rubbish and waste matter shall be removed daily from
working area
(b) The floor every factory shall be cleaned at least once every week by
washing or, if it is effective and suitable, by regular sweeping or other
method.
(d) All sweeping and cleaning shall be done in such a manner ad to avoid
as far as possible contamination of the air with dust or other obnoxious
subtances and, when appropriate, vacuum cleaners shall be used.

Justification :
(i) Based on the picture labelled B, there are some rubbish on the floor which is not
managed
properly by the employer at the workplace.
(ii) Employer should be aware of the cleanliness in the workplace to provides
healthier environment at the workplace.
(iii) The poor culture of hygiene at the workplace might possibility increase the
chance of illness among the workers.

3. Violation : Factories and Machinery 1967 (Building Operations and Works of

Engineering Construction) Regulations 1986, Regulations 8 - Slipping hazards .

Details of violation : No employer shall suffer or permit an employee to use a

passageway, or a scaffold, platform or other elevated working surface which is in a
slippery condition, oil, grease, water, and other subtances causing slippery footing shall
be removed, sanded or covered to provide slip-safe footing.

9
 Justification :

(i) Based on the picture labelled C , there was a water spilled on the floor which is
not cleaned and mopping by the workers.
(i) Wet floors might leading the cause of slips and falls at the workplace.
(ii) There was no safety or warning sign at the workplace for the workers that used
for precaution of any hazards in the working area .
(iii) Worker B , who is carrying too much materials are exposed to slips and falls
because he can’t see the slipping hazards infront of him.

4. Violation : Factories and Machinery 1967 ( Building Operations and Works of

Engineering Construction) Regulations 1986, Regulations - 12 Corrosive substances

Details of violation : All alkalis, acid and other corrosive, toxic or hazardous subtances
shall be so stored and used as not to endanger employees. Suitable protective equipment
for the use of subtances shall be provided. Clean water or appropriate cleansing
materials shall be readily available for washing off spillage of any corrosive subtances
on employees.

Justification :
(i) Based on the picture labelled D, employer not storing the corrosive subtances
in a right place.
(ii) The poor storage of hazardous subtances will enhance the risk of serious
accident at the workplace.
(iii) The unsecured chemical may lead to fire and explosion risk from unwanted
reactions from unsuited subtances becoming mixed, which may result in the
generation of heat, fumes, gases and vapours.

5. Violation : Factories and Machinery 1967 (Fencing of Machinery and Safety)

Regulations 1970, Regulations 4 – Fencing of machinery

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 Details of violation :

1) Every dangerous part of every driven machine, prime over and transmission
machinery shall be securely fenced in accordance with these Regulations.

Justification :

(i) Based on the picture labelled E , employer does not providing a fence or
guardrail around the machine at the workplace
(ii) Employer should take all practicable steps to make sure any machinery at the
workplace is designed adequately and is safely guarded to reduce the risk of
injuries and prevent any harm to the workers
(iii) The machinery that leave without any inspection with open condition will
increase the possibility for the workers that might lead into crushing , cutting
and electric shock.

6. Violation : Factories and Machinery 1967 ( Persons-in-Charge) Regulations 1970,

Regulations 4 – Person or engineer in charge of machinery

Details of violation :
2) Where these Regulations prescribe that an engineer shall be in charge of any
machinery such engineer shall be in charge also of the installation of which such
machinery forms part.

Justification :
(i) Based on the picture labelled F , the machine was not covered and securely
closed by the employees.
(ii) There was a pile and a wooden pallet nearby the machine that can lead to unsafe
act by the employees if they are walking by the area .
(iii) There was no person or supervisor can be seen in the picture who is need to be
observe or in charge the machine and all the workers at the workplace.

11
 F B
G
D

H
C

A E
E

Case study 3

1. Violation : Factories and Machinery Act 1967 (Act 139) (Safety Health and Welfare)
Section 12 – Lifting of weights

Details of violation : No person shall be employed to lift, carry or move any load so
heavy as to be likely to cause bodily injury to him

Justification :

(i) Based on the picture , worker A was carrying too much load without wearing
an appropriate personal protective equipment (PPE) .
(ii) The workers can’t see hazardous materials infront of him because the load that
was carrying is covering her eyes.
(iii) Might increase possibility to bodily injury to the workers .

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2. Violation : Factories and Machinery 1967 (Safety Health and Welfare) Regulation
1970 , Regulation 10 - Fixed Ladder

Details of violation :

(1) Where access to any working level, platform or deck is provided by means of a
fixed ladder, such fixed ladder shall –
(a) where inclined, have a guardrail on each side; or
(b) where vertical:
(i) have suitable handrails or handholds at the upper landing;
(ii) be so arranged that the distance from the front of the rungs thereof to the
nearest fixed structure on the climbing side is not less than thirty inches; and
(iii) be fitted with such safety loops as may be required by an Inspector

Justification :

(i) Based on the picture , worker B was trying to climbing up the rack to reach the
box.
(ii) The worker should use fixed ladder with guardrail on each side to prevent an
accident from unsafe act at the workplace.
(iii) Might possibility to injured after falls from heights.

3. Violation : Factories and Machinery 1967 ( Safety and Health Welfare) Regulations
1970, Regulations 15 – Container for volatile inflammable subtances

Details of violation :
1) Every drum, can or similar vessel containing volatile inflammable subtances
shall be kept securely closed when not in actual use, and shall, after the contents
have been emptied, be removed without delay from the premises in which they
are used; and adequate arrangements shall be made to convey to a safe place
any such substance which may escape due to failure of any vessel or leakage or
overflow or accidental discharge thereof

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 2) Only such quantity of volatile inflammable subtances required for work in one
day shall be allowed to be taken into any room or cabinet in which such
subtances are used;

Provide that this provision shall not apply to any room or cabinet used as laboratory in
which work of an investigative nature is being carried on and where adequate
precautions in respect of the safety and health of persons have been taken.

Justification :
(i) Based on the picture labelled C, there was a chemical drum which is not secure
and some spillage chemicals on the floor.
(ii) The inflammable subtances should be storage and securely close when it not
actual use in a safe areas.
(iii) The employees are exposed to a significant fire hazard
(iv) Might enhance the possibility of the safety and health for the workers because
they are not wearing a proper protection

4. Violation : Factories and Machinery 1967 (Building Operations and Works of

Engineering Construction) Regulations 1986, Regulations 16 – Electrical hazards.

Details of violation :

1) Before work is begun, the employer shall ascertain by inqury or direct

observation, or by instruments, where any part of an electric power circuit,
exposed or concealed, is so located that the performance of the work may bring
any person, tool or machine into physical or electrical contact with it.
2) The employer shall post and maintain proper warning signs in the national
language where such a circuit exits.
3) The employer should advise his employees of the location of such lines, the
hazards involved and the protective measures to be taken and shall, if
practicable, de-energized the electric power circuit.
4) No employer shall suffer or permit an employee to work in such promixity to
any part of an electric power circuit which expose him to contact with the same

14
 in the course of his work unless the employee is protected againts electric shock
by de-energizing the circuit and earthing it or by guarding it by by effective
insulation or other means acceptable to the Chief Electrical Inspector
7) No wiring shall be left on the ground or the floor of a building unless it is
unavoidable and where it is necessary to lay electric wiring on the ground or the
floor of a building, the wiring shall be of the weatherproof types and shall be
provided with adequate mechanical protection to withstand the wear and tear to
which it may be subjected and it shall be maintained in good and safe working
order.
8) No bare wires or other unprotected conductors shall be located within 4 metres
of any surface where employee may work or pass, unless completely guarded
by a fence or other barrier.

Justification :

(i) Based on the picture labelled D , there was an electrical cable on the floor which
is not securely managed by the employer.
(ii) Electrical hazards should be removed by placing an insulation or barrier
between the employees and the source of electric.
(iii) Increase the chance of electrical hazards to the employees who is working and
didn’t recognize if they are stepping on the cable that can lead to electrical
shock.
(iv) Might possibility to severe internal and external burns and also result in death
among the workers.

5. Violation : Occupational Safety and Health Act 1994 (Act 514) Section 24 – General
duties of employees at work.

Details of violation :
1) It shall be duties the duty of every employee while work –
(a) to take reasonable care for the safety and health of himself and of other
persons who may be affected by his acts or omissions at work;

15
 (c) to wear or use at all times any protective equipment or clothing
provided by the employer for the purpose of preventing risks to his
safety and health
(d) to comply with any instruction or measure on occupational safety and
health instituted by his employer.

Violation :Factories and Machinery 1967 ( Building Operations and Works of

Engineering Construction) Regulations 1986, Regulations 24 – Use of Safety helmet.

Details of violation : All persons who are perfoming any work or services in a worksite
shall wear a safety helmets.

Justification :

(i) Based on the picture labelled E , most of the workers includes employer didn’t
wear a safety helmet.
(ii) They also didn’t wear an appropriate personal protective equipment (PPE) such
as safety boots , safety belts, gloves and safety vest.
(iii) The use of safety helmet in the working area can prevent from objects that might
fall on worker’s head during performing their works.
(iv) Employer must ensure all the workers apply PPE at the workplace.
(v) Might increase chance to seriously head and bodily injury.

6. Violation : Factories and Machinery 1967 (Bulding Operations and Works of

Engineering Construction) Regulations 1986, Regulations 65 – Loose footing

Details of violation : Ladders and step-ladders shall not stand on loose bricks or other
loose packing, but shall have a level and firm footing.

16
 Justification :

(i) Based on the picture , worker F is standing on a ladder on top of some wooden
pallet who is trying to reach something at the ceiling.
(ii) There was no assistance to help the worker performing the works.
(iii) Might increase the chance to fall from the ladder because it was working using
pallets to get extra hight on unstable ladder without any observation from
another workers.

7. Violation : Factories and Machinery 1967 ( Safety, Health and Welfare) Regulation
1970, Regulations 21 – Safety provision in case of fire

Details of violation :
1) Every factory building shall be provided with not less than two exits from every
floor
2) Where person are employed in any floor situated below or above the ground
floor, means of escape in case of fire shall be provided and maintained. Such
means of escape shall –
(a) communicate directly with outside air;
(b) be sufficient in the opinion of an Inspector for all persons employed; and
(c) if provided with any door, such door shall be fitted so as to open
outwards from the room, passage, or staircase from which it is a means
of escape and shall not be kept locked or fastened and shall be free from
obstruction while persons are present in the room, passage, staircase.
5) The contents of any room in which persons are employed shall be so arranged
or disposed that there is free gangway to enable all persons employed in the
room to have access to a means of escape in case of fire.

Justification :
(i) Based on the picture labelled G, the fire exit was block by the pallets and a pile
of garbage.
(ii) Employer must ensure the fire exit should be free and unobstructed by any
material, hazards or anything along the door.

17
 (iii) Might risk the safety and health of the workers to escape in case of fire in the
workplace.

8. Violation : Factories and Machinery 1967 ( Safety, Health and Welfare) Regulations
1970, Regulations 16 – Precaution againts ignition.

Details of violation :
2) No person shall smoke in any room or cabinet in which volatile inflammable
subtances are used or stored and there shall be posted in a conspicuous place in
such room or cabinet a notice prohibiting smoking.

Violation : Factories and Machinery 1967 (Building Operations Works of Engineering

Construction) (Safety) Regulations 1986, Regulations 136 – Smoking and open lights.

Details of violation : Smoking, open lights and flame or spark-producing devices are
prohibited in or around any explosive magazine or storage enclosures and there shall
be posted and maintained proper warning signs to that effect in the national language.

Justification :
(i) Based on the picture , worker H was smoking in non-smoking area at the
workplace.
(ii) There was no warning sign about smoking around the workplace.
(iii) He also didn’t wear an appropriate personal protective equipment (PPE) such
as safety helmet and safety boot instead wear a cap on his head.
(iv) Might increase the high chance of fire risk

18
 CONCLUSION

Based on the case studies , there are many regulations that have been state in
Factories and Machinery Act 1967 and Occupational Safety and Health Act 1994 (OSHA) are
related with the number of accidents at the workplace. Every employees should take an
effective action to protect theirself from any accident and risk that may lead into occupational
injuries of fatalities. Coorperation between both of employers and employees was the best way
to prevent from any hazards and accident at the workplace by referring the regular enforcement
from the governments instituation. Accidents among the employees , employer and also the
visitor will be prevent with risk assessment and early investigation of the main factor that may
lead to hazards that will harms to the people instead the workplace.

We can reduce the number of accidents cases in any sector of industries by

perfoming the best practices among industrial workers within respective ways to occupational
safety and health such as prohobitions for all employees to wears an appropriate Personal
Protective Equipment (PPE) during working environment , providing a warning and safety sign
about the hazardous materials or places for precaution and conducting safety training program
to promote an occupational environment in such way to protect employees due to the high risk
at the workplace.

Safety and health legislation maybe replaced to ensure that every regulations are
relevant and liable to all the top management and employees to protect and reducing the
possibility of injuries, illness and death. It is a responsibilities for all the employers, safety
officier or any person in charge to identify the roots and any unsafe act and working conditions
as far as practicable in the significant hazards that can cause real harm and bad impact to their
company or industrial sector.

As we can see from the Occupational Accidents Statistics by sector that reported to
the Departement of Occupational Safety and Health (DOSH), we can summarize as the total
number of accidents in every state in any sector may lead to causes of injuries and death . This
statistics shown to increase awarenees of safety and health at the workplace by taking
precautions as a reminder to employers, top management and employees on the importance of
the regulations and act that provided by the government in the workplace to ensure that every
person employees are securely protected with safety and health during perfoming works in the
working environment.

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