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Evaluation OF Compliance with Legal Requirements

occupational safety health (University of Malaysia of Pahang)

Studocu is not sponsored or endorsed by any college or university

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ASSIGNMENT COVER
HAMBRA
HHA EDU SERVICES

STUDENT’S NAME : GEORGE ANTHONY

I/C NO / MATRIX NO. : 640218075001/HMKP21138

PROGRAMME : EXECUTIVE MASTER IN SAFETY,

HEALTH &
ENVIRONMENT

CLASS DATE : 11 SEPTEMBER 2021

INTAKE DATE :

MODULE : OSH LEGISLATION

TRAINER’S NAME : MOHD SHAHRIZAN BIN MOHD

AKHIR CENTRE :

OVERALL MARK
(Fill up by Trainer)

INDICATOR MAR
K

EFFORT ( 10% )

PRESENTATION
(10% )
CONTENT ( 40% )

TOTAL ( 60% )

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Table Of Contents

1 Introduction 3

2 Background of company where evaluation was done 5

3 Legal register : Introduction 6

4 Process of Developing the Legal Register 7

5 Tool for Evaluation of Compliance 9

6 Legal Register : OSHA 94 (S&H Policy, S&H Officer) 10

7 Evaluation of Compliance: Safety Policy 11

8 Evaluation of Compliance: Safety Officer 12

9 Legal Register : Safety & Health Committee 1996 14

10 Evaluation of Compliance : Safety & Health Committee 1996 15

11 Legal Register : General Duties of the Employer 17

12 Evaluation of Compliance : General Duties of the Employer 17

13 Discussion : General Duties of the Employer 19

14 Legal Register : Environment Quality Act 1974 20

15 Discussion : Environment Quality Act 1974 21

Use and Standard of Exposure of Chemical Hazardous to Health
24
16 Regulations 2000
Discussion : Use and Standard of Exposure of Chemical Hazardous to
Health
25
17 Regulations 2000
Building Operations and Works of Engineering Construction (Safety)
25
1 Regulations 1986 : Part XII Excavation Work
19 Discussion : Part XII Excavation Work 27

20 Conclusion 30

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Introduction

In Malaysia, occupational safety and health (OSH) matter is under the jurisdiction of the
Department of Occupational Safety and Health (DOSH). This government agency is
responsible for administering, managing, and enforcing legislation related to occupational
safety and health (OSH) in this country with the vision to cultivate an OSH culture in every
workplace and to make every job and task safe and healthy for everybody. Other agencies
which also monitor the construction safety is the Construction Industry Development Board
(CIDB). Construction Industry Development Board Malaysia (CIDB) has taken the initiative
to ensure that all workers in the construction sector possess a Green Card which required
workers to have a safety training certificate before they start working. Besides ensuring
construction workers to be aware of the importance of the workplace safety, the green card
program also aims to provide information on the legal requirements and welfare for them.
Occupational Safety and Health Act 1994 (OSHA 1994) is a tool for the employer, employee
and manufacturer to put efforts in securing safety, health and welfare at the workplace. But,
the increase in prosecution cases under OSH legislation indicates the lack of compliance to
the regulations. Many employers have not established comprehensive accident prevention
policies, but instead concentrate on maximizing profit. The increase in the statistics for the
prosecution cases in the construction industry reflects a lack of awareness of safety law in the
construction industry in Malaysia.

Table 1 shows that in 2019, a total of 84 construction workers, (DOSH) suffered fatal injuries
from on-site accidents. As is evident from Table 2, in 2020 there were 66 fatalities in the
construction sites around the country. These number was much lower compared to 2019 due
to the Covid19 pandemic where many companies had to stop work during the Movement
Control Order. These workers were prone to be involved in mishaps due to unsafe use of
tools and inexperienced handling of machines and materials in construction sites. In order to
prevent accidents in construction sites, the government imposed the Occupational Safety and
Health Act 1994 for employers or firms to use as a guideline in managing the safety of
labourers. According to the available data on Prosecution Cases under Malaysian
Occupational Safety and Health Legislation for Construction Industry, there are various
prosecution cases, but the issues are similar.

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Table 1:

OCCUPATIONAL ACCIDENT STATISTICS BY SECTOR UNTIL DECEMBER 2019 (REPORTED TO DOSH ONLY)
SECTOR NPD PD DEATH TOTAL
Hotel and Restaurant 227 3 5 235
Utilities (Electricity, Gas, Water and Sanitary Service) 245 4 9 258
Finance, Insurance, Real Estate and Business Services 384 6 16 406
Construction 227 15 84 326
Transport, Storage and Communication 359 9 21 389
Manufacturing 4661 214 73 4948
Wholesale and Retail Trade 85 2 0 87
Public Services and Statutory Authorities 93 3 3 99
Mining and Quarrying 52 3 5 60
Agriculture, Forestry and Fishery 1111 22 43 1176
TOTAL 7444 281 259 7984

Table 2:

OCCUPATIONAL ACCIDENT STATISTICS BY SECTOR UNTIL DECEMBER 2020 (REPORTED TO DOSH ONLY)
SECTOR NPD PD DEATH TOTAL
Hotel and Restaurant 137 1 2 140
Utilities (Electricity, Gas, Water and Sanitary Service) 214 3 3 220
Finance, Insurance, Real Estate and Business Services 312 7 8 327
Construction 137 3 66 206
Transport, Storage and Communication 294 6 11 311
Manufacturing 4202 231 73 4506
Wholesale and Retail Trade 126 1 1 128
Public Services and Statutory Authorities 73 1 3 77
Mining and Quarrying 35 1 3 39
Agriculture, Forestry and Fishery 916 20 43 979
TOTAL 6446 274 213 6933

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

According to the number of accidents presented by the DOSH’s data in construction, we can
see that the compliance of OSHA in the construction industry is frail. Besides, enforcement
and monitoring from DOSH seem to be less strict or insufficient for employers due to many
reasons such as lack of enforcement officers. According to the number of accidents presented
by the DOSH’s data in construction, the compliance of OSHA in the construction industry is
frail. Besides, enforcement and monitoring from DOSH seem to be insufficient due to many
factors such as lack of enforcement officers. In 2016 alone there were approximately 1.4
million workers and 30,000 active construction sites in operation but with less than 150
DOSH

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officers available, only one third of the sites got inspected. Enforcement of regulations is very
vital in ensuring the efficiency of regulations. Legislation or regulation is a guideline to
control the activities in the construction industry for safety. In the year 2016, about 838
compounds and court proceedings were charged for offenses related to occupational safety
and health in the workplace. About 300 employers were taken to court annually by the
Department of Occupational Safety and Health (DOSH) for various offenses under the
Occupational Safety and Health Act 1994. The offenses often committed by the employers
included failure to register their companies and employees, as well as late reporting of
accidents at their workplaces. There are also employers who are prosecuted for failing to
ensure the safety, health and welfare of their employees and also for not complying with the
work system based on a standard set by the DOSH.

These are the exact reasons why compliance to legislations and regulations is extremely
important. Every player in the construction industry must work together to ensure a high
degree of compliance to the prescribed laws in order to reduce the number of accidents and
fatalities.

Therefore, this paper sets out to demonstrate the importance of compliance. The degree of
compliance displayed or shown by a company should be assessed or evaluated from time to
time in order to constantly keep in touch with the country’s laws and adhere to it wherever it
is applicable. Companies should not see the laws pertaining to OSH as a burden or wait until
DOSH officers breathe down their necks in order to ensure compliance.

To determine whether the companies are in compliance, they should instruct a designated
officer/employee to carry out an evaluation of compliance.

Background of company where evaluation of compliance was done

XXX Sdn. Bhd. is a Malaysia-based building construction contractor. The Company focuses
on the provision of building construction services for factories, including low-rise processing
facilities and manufacturing plants; and institutional, commercial and/or residential buildings,
such as private hospitals, hotels, shopping malls, and high-rise residential buildings.

The present project is in Penang where high-rise residential buildings are under construction.

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LEGAL REGISTER

A legal register is a form of document or system that details legislation that an organisation
has to be compliant with due to the activities it carries out. The legal register might only
contain legislation of a certain type, for example, environmental or health and safety
legislation. The range of laws that apply can vary greatly depending on the type and size of
an organisation and the industry it works within, as well as depending on where it is based.

Legislation is published by the Government on a daily basis through new Acts and
Regulations, in addition to existing laws being amended, revoked or repealed. If a legal
register is kept up to date, either automatically through a subscription service or manually,
then this provides the organisation with important updates to legislation that may mean they
have to implement changes in practices in order to ensure they remain compliant.

The legal register becomes an important resource for an organisation for reference to what
they must be doing in order to ensure compliance with legislation. The alternative would be
to search for relevant legislation each time an issue arises which would be extremely time-
consuming and inefficient. It would also be difficult to know if the legislation found through
searching the internet was the most recent version or if it had been replaced by other
regulations.

It is of great benefit to a company if the legal register does not just provide a list of titles of
legislation, but also summarises each entry in terms of what compliance duties the
legislation sets upon organisations. This then provides a greater understanding of compliance
and what activities need to be conducted and the processes need to be put in place to ensure
compliance within the organisation.

It should be noted that unfortunately one size doesn’t fit all when it comes to legal
registers. There isn’t a standard legal register that can be applied to any organisation, or it
certainly isn’t best practise to have a legal register like this. As all organisations are
different, the register should be bespoke to them and contain just the relevant legislation that
applies to them and their activities.

However, companies are not warranted by law to have a legal register. Nevertheless, if they
are operating in areas in which compliance with a wide range of rules and regulations is
necessary, it is difficult to see how they could meet their obligations without a proper set of

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legislations and regulations that they have to comply with. Furthermore, the companies are
fully aware that any serious violations of these legislation which have been passed by the
Parliament can have serious repercussions. In fact, any violation of these laws can result in a
fine or a jail term for the occupier, employer or owner of the organisation.

THE PROCESS OF DEVELOPING THE OSH

LEGAL REGISTER

Step 1: Developing the Template

The design, type and content of the legal register depends solely on the one creating it. The
template may vary from one person to another. There are no rigid rules to follow, as long as
its main component, the laws or legislations and regulations are part of its contents. A
comprehensive, excruciatingly detailed register with pages and pages of information may not
be necessarily good, but rather a simple legal register which easy to comprehend should be a
preference.

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Step 2: Gathering SHE legislations and regulations

The main source of information would be the Department of Occupational Safety and Health
(DOSH) website where all the necessary information on legislations, regulations, guidelines
and statistics is readily available. Other government websites such as the Department of
Environment (DOE) also furnish adequate information and updates.

Step 3: Identifying and determining legislation and regulations

The next step would be to identify and determine which legislation or regulations are
applicable for the company in their specific area of work. Determining which Act or Acts are
to be included, which Parts, Sections and Sub-sections is important. It is advisable to state its
contents or a summary of its contents clearly and in simple language. Attention should be
given to crucial key words, elements and criteria that is embedded in the laws.

Step 4: Fill in the SHE Legal Register

The next step is to interpret and simplify its contents if necessary to ensure that it is easy to
understand and then fill the register.

Step 5: Customize Legal Register

The register can be customised according to the needs of that particular company. Every
Section or Sub-section that is applicable may be included. Some may prefer to omit some
Sections or Parts and add whichever Section that may seem appropriate to its creator or the
company.

NOTE:

For the purpose of this paper, I have deliberately omitted many Parts, Sections and Sub-
sections. In fact, many legislations, regulations or Acts have been omitted. The objective is to
demonstrate how the Legal Register may be designed and developed. It is non-exhaustive as
there are hundreds, if not thousands of applicable laws that can be included. This legal
register was never prepared with the intention for it to be used in a real scenario, but rather to
act as an example of how a legal register may be prepared. Only a handful of laws have been
incorporated for each part and presented separately with the accompanying explanations and
discussions.

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The suggested methods of evaluation of compliance are simply suggestions. It is a

manifestation of my personal preference on how evaluation can be done. Different Acts, Parts
and Sections have been separated for clarity and ease of comprehension. Different methods
and ways have been suggested for different components.

Tool for evaluation of compliance

A five point ‘Likert-like scale’ is used to measure the company’s level of compliance or non-
compliance to legislation, regulations and guidelines. The rationale behind the use of this tool
or scale for evaluation is that; a simple but rigid “Yes/No” evaluation of the company’s
compliance to safety and health legislations will simply not suffice. Such evaluation will
show that there is some form of compliance, however it will not display the extent or degree
of compliance to a particular legislation or regulation. For instance, in the evaluation of the
company’s Safety and Health Policy, a simple “Yes/No” answer will be sufficient enough to
demonstrate compliance. It will reveal or confirm that the company has a safety and health
policy as per required by legislation. However, the requirements of a sound S&H policy
warrants that it must also be a written statement/policy which should be revised as often as
may be appropriate and most importantly, its existence must be brought to the notice of all
the employees.

Therefore, a “Yes/No” option can be used for a check-list, but not to evaluate compliance as
it will not show the extent or degree of compliance.

The table below displays the level of compliance from a range of 1 to 5; 1 being ‘Highly Non-
Compliant’, while 5 is ‘Highly Compliant’.

Ranking Degree of Compliance

1 Highly Compliant

2 Compliant

3 Moderately Compliant

4 Non-Compliant

5 Highly Non-Compliant

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LEGAL REGISTER

Occupational Safety and Health Act 1994

S&H Policy and S&H Officer

SoC DoF
Ref. Requirements Y/N

Part IV,
S&H Policy Duty of employer to formulate safety and health policy Yes 3.75
Sec. 16

Media
S&H Policy 4
n

Part VII, Duty of occupier to employ a competent person as

Yes 5
Reg. 29 Safety and health officer

Shall apply to a person who acts as a safety & health

Part I
officer under the Act and employer of the class or Yes 5
(Reg.3)
description of industries under the Act

Part II Registration, applicable, qualification, certificate,

(Reg.4- continuous education, refusal to register, duration, Yes 5
13) renewal, cancellation, etc.
Safety and
health
officer
Regulations Part III Employer shall notify in writing to DOSH within 1
1997 (Reg- month of any appointment, termination or resignation of Yes 3
14) a safety and health officer

Part IV Facilities and continuous education program for S&H

(Reg.15- officer and the obligation of employer to provide direct Yes 4
17) supervisor to assist investigation.

Part V List of S&H Officer duties, Safety & Health officer to

(Reg.18- submit report to employer, action to be taken by Yes 4
20) employer on the report submitted

Median 4

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EVALUATION OF COMPLIANCE
Evaluated Element: Safety and Health Policy
Related Act: Occupational Safety and Health Act 1994
Part IV, Sec 16 – Duty of employer to formulate safety and health policy
Part VII, Sec 29 - Duty of occupier to employ a competent person as Safety and health officer

Objectives:
1. To ensure a clear and comprehensive policy is in place
2. To ensure a competent safety and health officer is at the workplace
3. To ensure the establishment of a safety and health committee to handle
all matters pertaining to safety and health at the workplace

Evaluation of Compliance Degree

of
SAFETY POLICY
Compliance

1. A written, comprehensive safety and health policy is in place 5

The content of the policy is clear and covers all aspects of safety and 4
2.
health at the workplace

The existence of the policy and its contents are made known or disclosed 3
3.
to all the employees

4 Its contents are revised from time to time, as often as may be appropriate 3

Median 3.75

Discussion:

The first element to be assessed is the Safety and Health Policy. Its mere existence does not
necessarily mean that the company is 100% compliant when it boils down to a rigid assessment of the
policy’s contents and role.

As warranted by law, the company was in compliance of Part IV, Regulations 16 of OSHA 94,
whereby it is stated that the company is duty bound to formulate a safety and health policy. This
policy is used as a guideline for all safety and health principles of the company and is applicable to
all areas and all

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employees. It should also cover all aspects of safety and health at the workplace. At the time of this
assessment, it was found that there were still a few aspects and areas that should have been included
were overlooked. This may due to the fact that the policy was rarely revised by the company since its
inception. One good example was the omission or lack of guidelines on noise levels and mineral dust.
In the initial stages, the guidelines may not have been warranted, but as work progressed and new
machinery and equipment like high-powered pneumatic drills were brought in, the company/safety
and health committee should have revised the contents of the policy and made some inclusions.

Another area of poor compliance was that the safety and health policy was not extensively
communicated or disclosed to the employees and little measure was taken to ensure that all the
employees are constantly reminded of the policy and its contents.
As a consequence, the company was given a score of 3 out 5 because it had failed to notify or inform
some of the workers of the policy’s existence and its contents, especially to foreign workers who are
working for sub-contractors. One of the reasons given was that it was due to the high-turnover of
workers in this site. As a result, a number of workers knew that there was a safety and health policy in
place, but had little idea of its contents.

Overall, having taken into consideration all the factors and aspects in play, the above scores were
given. In terms of the Safety and Health Policy, the company achieved a median score of 3.75
The company can be considered as being compliant to OSHA94, Part IV (Sec. 16), although there is
still much room for improvement

EVALUATION OF COMPLIANCE
Evaluated Element: Safety and Health Officer
Related Act: Occupational Safety and Health Act 1994
(Safety and health officer Regulations 1997)
Part VII, Sec 29 - Duty of occupier to employ a competent person as Safety and health officer
Objective:
1. To ensure a competent safety and health officer is at the workplace
2. To ensure the safety and health officer is employed exclusively for the purpose of
ensuring the due observance at the place of work
3. To ensure the promotion of a safe conduct of work at the place of work.

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Evaluation of Compliance Degree

of
Safety and health officer Regulations 1997
Compliance

1 A competent safety and officer is employed 4

SHO is employed exclusively to ensure observance of OSHA ’94 in this

2 4
company

3 All paperwork pertaining to Part II(Reg. 4-13) completed 5

The employer shall notify DOSH of any appointment, termination or

4 3
resignation of the safety and health officer within 1 month

5 Facilities and continuous education program for S&H officer 4

Safety and Health Officer to submit report before 10th day of preceding
6 3
month

7 Employer to take action on report 4

Median 3.86

Discussion:
One area for improvement would be the company’s duty to notify DOSH of any appointment,
termination or resignation of the safety and health officer within 1 month. There was an incident
where one of its safety and health officers had gone AWOL for 2 months citing health reasons. The
company took it for granted that he was telling the truth, but in actual fact, he was working for
another company in another capacity. When they found out, the decided to terminated his services
and back-dated his termination to the day he went AWOL. This resulted in the company reporting
late to DOSH about his termination which was in violation of Part III (Regulation 14).
In terms of facilities and equipment, the SHO declared that certain equipment were not made
available to him. One example was the equipment for audiometric testing. It was evident that not only
was some of the equipment unavailable, but the training to handle these equipment was also lacking.
For instance, another SHO lamented that there was no audiometric testing equipment and
defibrillators available and that the availability of defibrillators may one day save someone’s life.
As for the SHO’s report, it was at times found to be incomplete and lacked detail. Late submission of
the report (beyond the 10th day of the preceding month) was another violation of Part V, Reg. 19(1)
Overall, for this section that which covers the duties of the safety and health officer, the assessment
shows that the company had a median score of 3.86, which shows “Good Compliance”.

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LEGAL REGISTER

Occupational Safety and Health Act 1994

SAFETY AND HEALTH COMMITTEE REGULATIONS
1996

SoC DoC
Reference Requirements Y/N

OSHA’94 Duty of employer to establish safety and health

Part VII, Yes 5
committee at work place
Sec 30
Employer

Part I
To comply with Part II, III, IV & V of this regulations Yes 5
(Reg.4)

Part II
Requirements on the composition of the committee Yes 5
(Reg.5)

Part II
Requirements of chairman & secretary Yes 5
(Reg.6)
Composition
of members Part II
Requirements for other members of committee Yes 5
(Reg.7)

Part II Members shall come from various sections of a place

Yes 4
(Reg.8) of work

Only matters relating to safety & health at the place of

Part IV
Meeting work shall be discussed at any meeting of a H&S Yes 3
(Reg.26)
committee

At least once in three months, and shall be given

Part IV reasonable notice or immediately in the event of an Yes 5
(Reg.21)
accident.

The obligation of employer to provide place for

Part IV meeting and allow the meeting to be conducted during Yes 4
(Reg.22)
working hours

All members shall be furnished with minutes within

Meeting Part IV two weeks after the meeting. Minutes shall be kept
Yes 4
minutes (Reg.27) minimum 7 years and shall be available for DOSH
inspection

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The obligation of employer to take such steps as are

Part V necessary to ensure members have a basic
Yes 4
(Reg.28) understanding and knowledge of the functions of the
committee under the Act

Employer The obligation of employer to provide training to

Part V
responsibility enable members to perform functions of the committee Yes 3
(Reg.29)
effectively

Part V The obligation of employer to make available list of

Yes 4
(Reg. 30) documents and information

Part III Requirement to conduct inspection at least once in

Inspection (Reg,12) Yes 5
every three months.

Accident Part III Requirement to investigate any accident, etc. Yes 5

investigation (Reg.13)

Part III Requirement to take action to report & provide

Yes 4
(Reg.14) recommendations.

Part III Specify other considerations when performing

Yes 4
(Reg.15) committee functions.

Part III Specify on how to handle complaints from the

Responsibility Yes 4
(Reg.16) employees.
of
Committee Part III Specify on how to resolve the complaints. Yes 4
(Reg.17)
The obligation of the committee to carry out
Part III competitions, talks and other activities to promote a Yes 3
(Reg.18)
safe conduct at the work place.

Part III Specify on the rules for Safety and health of the
Yes 4
(Reg.19) company

MEDIAN 4.15

***Ref: Reference Soc : Status of Compliance DoC : Degree of Compliance Y/N : Yes/No

(Note: No questions were required to evaluate compliance in this section.)

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Discussion:
As per legislation, under OSHA ’94, Part VII (Sec.16), the company has to establish a safety and
health committee at the workplace, which the company does. Furthermore, the employer also
complies with Part I (Reg. 4) of the Safety and Health Committee Regulations 1996. . The committee,
led by the top management of the company, is assisted by the secretary, who is a competent OSH
Officer. The committee is also joined by senior employees with wide knowledge and expertise in
OSH. There was also representatives for each group of foreign workers who were well versed in their
respective languages. The company is also highly compliant when it comes to regulations related to
the composition of members.
The company has also made the effort to ensure that appropriate measures and provisions are put in
place and carried out in order to implement the S&H policy. These measures include conducting
monthly meetings (sometimes more than once a month) to discuss matters pertaining to the safety and
health policy and determining the extent to which works are carried out in accordance to the policy.
There are few areas where the committee could have done better. One element to improve is the
meetings. Although it is stipulated that only matters related to safety and health shall be discussed in
the meeting, it is inevitable that occasionally other matters and issues have crept into the discussion.
As for the minutes of the meeting, there have one or two incidences where the minutes were furnished
late (after 2 weeks) which was in violation of Part IV (Reg.27). Part V (Reg.29 states that the
company must provide training to the committee members to enable them to perform the
functions of the committee effectively. However, due to the heavy workload and responsibilities
of the committee members in other capacities, they attended training only twice as a team in 2020.
Another ruling that the company is not too keen to adhere to is the directive given in Part III
(Reg.18) pertaining to competitions, talks and other activities. As a result, the company was
considered to be only moderately compliant and given a score of 3 out of 5 for the last 3 regulations
mentioned earlier,
Overall the company received a mean score of 4.15 which indicates Good compliance with legal
requirements for this element.

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LEGAL REGISTER
Occupational Safety and Health Act 1994
GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSONS

SoC DoC
Reference Requirements Y/N
Part IV Duty of every employer to ensure the safety, health and welfare at
work of all his employees. Yes 4
Sec 15(1)

Part IV Provision and maintenance of plant and systems of work that are
safe and without risks to health; Yes 4
Sec 15(2a)
Ensure safety and absence of risks to health in connection with the
Part IV use or operation, handling, storage and transport of plant and Yes 4
Sec 15(2b) substances
The provision of such information, instruction, training and
Part IV
supervision to ensure the safety and health at work of his employees; Yes 3.25
Sec
15(2c)
Maintenance of place of work in a condition that is safe and without
Part IV risks to health and the provision and maintenance of the means of
Yes 4
Sec 15(2d) access to and egress from it that are safe and without such risks;

The provision and maintenance of a working environment for

Part IV employees that is safe, without risks to health, and adequate as Yes 3.75
Sec 15(2e)
regards facilities for their welfare at work

Median 3.83
***Ref: Reference Soc : Status of Compliance DoC : Degree of Compliance Y/N : Yes/No

EVALUATION OF COMPLIANCE
PART IV

GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSONS

Evaluated Element: General duties of employers and self-employed persons to their employees

Related Act: Occupational Safety and Health Act 1994

Part IV, Sec. 15(1) General duties of employers to ensure the safety, health and welfare at work of all
his employees.

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Objectives:
1. To ensure the safety, health and welfare of its workers.
2. To ensure plant and systems of work are safe and without risks to health;
3. To ensure safety during operation, handling, storage and transport
4. To provide information, instruction, training and supervision to ensure safety

Evaluation of Compliance
General duties of
employers Part IV, Sec 15
Part IV Employers ensures the safety, health and welfare at work of all his 4
1 Sec employees.
15(1)
Part IV Employer ensures plant and systems of work are safe and without risks 4
2 Sec to workers
15(2a)
Part IV Employer ensures safety in use or operation, handling, storage and 4
3 Sec transport of plant
15(2b)
Part IV Sec. 15(2c)
4i Employer provides information 3
4ii Part IV Employer provides instruction 3
Sec.
4iii Employer provides training 3
15(2c)
4iv Employer provides supervision 4
Median 3.25

Part IV
5i Sec Maintains place of work in a condition that is safe & without risks 4
15(2d)
Part IV Provides and maintains access to and egress from workplace that is
5ii Sec 4
15(2d) safe without such risks
Median 4

6i Working environment is maintained to be safe and risk free 4

Part IV
6ii Sec The provision of a working environment that is safe and risk free 4
6iii 15(2e) The maintenance of a working environment that is safe and risk free 4
6iv The provision of adequate facilities for their welfare at work 3
Median 3.75

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NOTE:

Notice that Part IV, Sec 15(2c) deals with the employer’s provision of 4 components, namely;
information, instruction, training and supervision. These components can be separately evaluated
although they are bundled in one sub-section of the statute. This type of detailed evaluation will give
a more accurate and precise measurement in terms of the level of compliance being practiced at the
workplace. A general overall evaluation of a particular section, subsection or statute will not
guarantee the accuracy, validity and reliability of the evaluation.

This section raises the question of whether the company provides information, instruction, training
and supervision to all its workers. The company does indeed provide the necessary information,
instruction, training and supervision to its own workers. However, the workers who are attached to
the independent contractors are often ignored when it comes to the provision of information,
instruction and training. One SHO justified its actions by saying that it was inevitable as the
independent contractors often bring in workers from other sites when there is a shortage of
manpower. In fact, some of the workers newly recruits, while some of them would only work for a
few days and then leave for other sites. Therefore, these workers would only end up not being
furnished with the necessary information, instruction and training but would obviously have proper
supervision although their stay there would be a short-lived one.

Similarly, Part IV Sec 15(2d) has also been split into two parts. The first part assesses the maintenance of the
workplace in a condition that is safe and risk-free. For this part of the evaluation, the company is given a score
of 4/5, which depicts High Compliance as does indeed provide adequate maintenance to ensure that the
workplace is in a condition that is safe and without risks.

The second part assesses whether the company provides and maintains a passage or way to and another
passage out of the workplace which is safe and without risks to the health of the workers. It was evident that
the company had done its part to ensure a safe and risk-free path in and out of the property. Therefore, it was
assessed as being compliant to this sub-section and given a score of 4. The median this sub-section was 4.

The same principle has been applied in the evaluation of the next section [Part IV, Sec 15(2e)].

Discussion :General Duties of Employer

The general duties of employer as stipulated in the OSHA 1994 is evaluated here. The sub-sections
evaluated under the general duties of employer include the general duty of the employer to ensure: a)
the safety, health, and welfare of its employees at work; b) the safety of plant and system, c) the

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provision of information, instruction, training and supervision; d) maintenance of workplace, access

to and egress from; e) a safe and risk-free working environment; f) safety in use or operation, handling,
storage and transport of plant. The company received a moderately high score for this element
considering that it is committed in providing a work environment that is safe and without risks for its
employees. Although it is evident that the company is making a commendable effort to ensure the
safety, health and welfare of its workers, it must be understood that these efforts are non-exhaustive.
In other words, there is still room for improvement. More can and should be done to further ensure
the workers safety, health and welfare, hence a score of 5 (Highly Compliant) was not given. The
company has provided adequate personal protection equipment (PPE) and all the necessary safety
equipment. The plant and all systems of work are constantly monitored and maintained so that it
operates without posing a risk to the workers. The place of work is maintained so that the condition
of the workplace and its surroundings, including the way in and the way out are always safe and risk-
free for the workers. The provision of comfortable work stations and a positive working environment
and other facilities is another plus point. The management of the company has also provided adequate
supervision and monitoring to ensure the employee’s safety at all times, be it during operation,
handling, storage or transport of plant.

On the other hand, although the company provides information, instruction, training and supervision
to its employees, it often overlooks the need to do the same with the workers who are under
employment with the independent contractors. Sec. 15(3) states that the word “employee” extends to
the independent contractor and his employees. Therefore those employees should be provided with
the same information, instruction, training and supervision as the company’s own employees. Hence,
a score of 3 (Moderately compliant) is given for this element.

Overall, the company was given a median score of 3.67 for compliance to Part IV, Sec. 15 of
OSHA ‘94. Therefore, it demonstrates a moderately high compliance to this legislation.

ENVIRONMENTAL QUALITY ACT 1974

Ref. SoC DoC

Subject Requirements Y/N
No.
No person shall, unless licensed, emit or discharge any
Restrictions on environmentally hazardous substances, pollutants or wastes into
22
pollution of the the atmosphere in contravention of the acceptable conditions Yes 4
(1)
atmosphere specified under Section 21

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No person shall, unless licensed, emit or cause or permit to be

Restrictions on noise 23 emitted any noise greater in volume, intensity or quality in
Yes 3
pollution (1) contravention of the acceptable conditions specified under section
21
No person shall, unless licensed, pollute or cause or permit to be
Restriction on
24 polluted any soil or surface of any land in contravention of the Yes 3
pollution of the soil
acceptable conditions specified under section 21
No person shall, unless licensed, emit, discharge or deposit any
Restriction on environmentally hazardous substances, pollutants or wastes not
pollution of inland 25 any Inland waters In contravention of the acceptable conditions Yes 4
waters specified under section 21

Prohibition on open 29a

Prohibition on open burning Yes 3
burning (1)
No person shall: (a) place, deposit or dispose of, or cause, or
permit to place, deposit or dispose of, except at prescribed
premises only, any scheduled wastes on land or into Malaysian
Prohibition against
waters; (b) receive or send, or cause or permit to be received or
placing, deposit, etc. 34B Yes 4
sent any scheduled wastes in or out of Malaysia; or (c) transit or
of scheduled wastes
cause or permit the transit of scheduled wastes, (d) without any
prior written approval of the Director General.

No person shall discharge or cause or permit the discharge of any

Prohibition of of the following substances into any inland waters: 1) any
discharge of effluent inflammable solvent; 2) any tar or other liquids immiscible with
6 Yes 4
containing certain water; 3) refuse, garbage, sawdust, timber, human or animal
substances waste, solid waste or solid matters.

Median 3.5

Discussion: Environmental Quality Act 1974

Based upon the evaluation tool used to examine the organization’s compliance with the legal
register under the environmental quality elements, the organization managed to receive a
mean score of 3.5 which indicates a good compliance with the legal requirements. The sub-
elements assessed under this element of the evaluation include restrictions on pollution of the
atmosphere, restrictions on noise pollution, restrictions on pollution of the soil, restrictions on
pollution of inland waters, prohibition on open burning, and prohibition against placing, deposit, etc.
of scheduled wastes and finally the prohibition of discharge of effluent containing certain substances.
The need to comply with all these the legislation also was constantly addressed by the Safety
and Health Executive of the company in every Safety Committee meeting held at the
workplace. In terms of its effluent treatment system, the organization conducted a
performance monitoring through the process of daily sampling test of the component of its
effluent treatment system at every area. These samples were then tested by a designated
competent person who would sometimes

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be brought in from another project which was also operated by the company. This would
enable the company to conduct complete performance monitoring for its effluent treatment
system. This is in accordance with the provision of the Environmental Quality (Industrial
Effluents) Regulations which is stipulated in the legal register. In addition, the organization
also ensures that its effluent treatment system is supervised by a competent person who is a
Certified Environmental Professionals (CePIETSO). With regards to the organization’s
scheduled waste element, the organization has appointed a competent person who is a
Certified Environmental Professional in Scheduled Waste Management (CePSWaM) to
handle and closely monitor the organization’s compliance with scheduled waste requirements
and legislations stipulated under the Environmental Quality Act 1974. The com

One area that it the company could have done better is in complying with Section 24, which
deals with the pollution on the soil. Although there have never been any incidences of the
company deliberately dumping pollutants onto the soil, there have many incidences where
their heavy machinery would sometime be leaking due to engine problems. These issues were
often not immediately tackled, as the continuous operations of the machinery and piling
equipment were crucial for projects progress. Used oil from these heavy machinery that were
stored ere also found to have spilled in some areas with the site. Sand and gravel was
sometimes used to cover the spills. Therefore, the company received a score of 3 for
compliance in this section.
Section 29 (a) covers open burning. The company and its management team has always
stressed that open burning is strictly prohibited. However, some foreign workers staying at the
dormitory or kongsi within the property have been found to burn rubbish at dusk or at night
when the management is not present. Some of these foreign workers had reiterated that it was
an effective method to repel mosquitoes. Nevertheless, they were warned and disciplinary
action was taken on a repeat offender.
As for 23 (1), during the initial stages when piling works were initiated and in progress, noise
levels often exceeded 100 dB. Initially ear mufflers and ear plugs were provided to the
workers. However, the management eventually decided to use piling equipment and
machinery that was produced less noise. Therefore, although they managed to overcome the
problem, they still received a score of 3 out of 5.

Overall, the company receive a score of 3.5 for this component which means it is Moderately
Compliant.

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Use and Standard of Exposure of

Chemical Hazardous to Health Regulations 2000

SoC DoC
Reference Requirements Y/N
Identify and record & maintain in a register all hazardous
Part II
chemicals to health which are used in the workplace
Yes 4
Chemical List of health hazardous chemicals in use current MSDS, average Yes
register Part II amount use or stores in a month or a year, process area and work
(Reg.5) area where chemical is used, name and address of supplier, 4
register shall be easily retrievable by employees.

Part III Employer to ensure that exposure of hazardous chemicals to Yes

(Reg.6) people does not exceed the ceiling limit
4
Employer
responsibility Employer to ensure that exposure of hazardous chemicals to Yes
Part III
(Reg.7)
people at any time within 8 working hours in a week does not 4
exceed the max. exposure limit

Training Employer shall ensure that any person who carries out any work Yes
Part VII in connection with the employer's duties under these Regulations
(Reg.23) has the necessary information, instruction and supervision to 4
carry out such duties

An employer who receives a supply of chemicals hazardous to Yes

Part VII health for which the chemicals are not labeled/the CSDS have not
CSDS/MSDS
(Reg.24) been provided, shall obtain the relevant information from the 4
supplier & shall not use the chemical until such Info, is obtained

In any place of work where a chemical hazardous to health is Yes

Part VII used, the current Chemical Safety Data Sheet for that chemical or
(Reg-25) a copy there of shall be kept in a conspicuous place close to each
4
location

Part VIII Requirements on the monitoring exposure and monitoring record Yes
Monitoring
(Reg. 26) keeping, etc.
4

Employer to carry out a health surveillance programmed medical Yes

Health Part X
Surveillance (Reg.27)
surveillance in the health surveillance programmed shall be 4
carried out by an OH doctor registered with DOSH, etc.

Remove the Part X Requirement to move workers from certain areas due to certain Yes
employee (Reg.28) conditions, etc. 4

Where a chemical is used the employer shall ensure that (a) Yes
Part XI
Warning sign
(Reg.29)
warning sign (b) other relevant Info are given and the signs are 4
proper conditions, etc.

Median 4

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Discussion: Use and Standard of Exposure of Chemical Hazardous to Health

Regulations 2000
The organization received a mean score of 3 which indicates moderate compliance with regards to the
chemical management element in the evaluation tool. The sub-elements assessed under this element
of the evaluation include the registration of hazardous chemicals and suppliers responsibility to
classify hazardous chemicals and to furnish CSDS for each chemical supplied. In accordance with the
OSH Regulations 2000, the organization has developed and maintained a proper register on chemicals
hazardous to health. The register is prepared and maintained by a personnel who is trained for
chemical management purpose and such register is also made available for access by the employees
of the organization at all times. The content of the register is also in accordance with the Regulations
whereby information pertaining to all hazardous chemicals being used are listed in the register
including current chemical safety data sheet, average quantity in which the chemicals are use, the
detailed information on process and work area where the chemicals are use as well as the name and
address of the supplier. Suppliers responsible for supplying hazardous chemicals for the organization
classify these chemicals in accordance with the Part 1 of the Industry Code of Practice in accordance
with the legislation, but only to some extent. In addition, the suppliers also provide the organization
with a chemical safety data sheet (SDS) for each chemical supplied but the information contained in
the SDS is only adequate and strictly according to the requirement of the organization.

The employer took steps to ensure that exposure of hazardous chemicals to people did not exceed the
ceiling limit by carrying out constant checks and taking all the precautionary steps as recommended
in the DOSH guidelines. The employer also made sure that no worker was exposed to the maximum
limit to any hazardous chemicals at any time within 8 working hours in a week as stipulated by law.
In fact, only a few workers had to spend more than 4 hours at any time while working with those
chemicals.

As per regulations, adequate information, instruction, training and supervision was made available by
the management to all those who had to handle these chemicals. Special training sessions during
working hours and weekends were also carried out with full support from the employer. Adequate
PPE was also provided during these training sessions.

In relation to Part VIII (Reg. 26), monitoring is done by a competent person employed by the
company. Two systems are currently being used: (1) the automatic continuous air monitoring system
(ACAMS), an active system designed to provide a “near-real-time” alarm (currently ~3 to 8 minutes)
if agent vapours are present; and (2) the depot area air monitoring system (DAAMS), a passive
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that draws air through adsorption tubes that are collected periodically for desorption and analysis in
on- site laboratories.

As for medical surveillance it is periodically or whenever necessary carried out under the supervision
of a qualified occupational health nurse attached to the company. So far, no employee has been
moved due to unsafe conditions or risk of exposure to hazardous chemicals as all the risks have so far
been averted.

An adequate number of warning signs have been put up to warn workers of the imminent dangers and
high risk areas. In fact, only those who are directly involved with the handling of these chemicals are
allowed to enter those zone. There are also warning signs to mark these no-go zones.

Overall, the company displayed good compliance in this component.

FACTORIES AND MACHINERY

(BUILDING OPERATIONS AND WORKS OF ENGINEERING
CONSTRUCTION) (SAFETY) REGULATIONS 1986
PART XII EXCAVATION WORK

All public walkways, sidewalks, and the thoroughfares shall be

PART XII
provided with substantial guard-rails or board fences. Temporary Yes 3
Sec. 111(1)
footwalks with protection to be provided on both sides.

Protection of PART XII Flagman to warn of trucks and to direct trucks in and out of
Yes 5
The Public. Sec. 111(2) property. Warning signs at all truck entrances and exits.

During darkness, all sidewalks adequately illuminated and

PART XII
warning lights placed to ensure safety for pedestrian and vehicular Yes 4
Sec. 111(3)
traffic

Where there is any question of stability of structures adjoining or

over areas to be excavated, such structures shall be supported
Stability of PART XII
where necessary by underpinning, sheet piling, shoring, bracing or NA NA
Structures Sec. 112
other means made or erected according to the design of a
Professional Engineer to prevent injury to any person.

No employee shall be permitted to enter any excavated area

PART XII
unless sheet piling, shoring or other safeguards that may be Yes 5
Sec. 113(1)
necessary for his protection are provided

The excavation site and its vicinity shall be checked by a

General
PART XII designated person after every rainstorm or other hazard-increasing
Requirements Yes 3
Sec. 113(2) occurrence and the protection against slides and cave-ins shall be
increased, if necessary

PART XII Temporary sheet piling installed to permit the construction of a

Yes 5
Sec. 113(3) retaining wall shall not be removed until the wall has developed

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its full strength.

PART XII Where banks are undercut adequate shoring shall be provided to
NA NA
Sec. 113(4) support the overhanging materials

Excavated materials and other superimposed load shall be placed

at least 610 millimetres from the edge of open excavation and
PART XII
trenches , and shall be so piled or retained that no part thereof can Yes 5
Sec. 113(5)
fall into the excavation, or cause the banks to slip or cause the
upheaval of the excavation bed

PART XII Banks shall be stripped of loose rocks or other materials which
Yes 4
Sec. 113(6) may slide, roll or fall upon persons below.

Open sides of excavations where a person may fall more than 3

PART XII
metres shall be guarded by adequate barricades and suitable Yes 5
Sec. 113(7)
warning signs shall be put up at conspicuous positions.

No employee shall be permitted to work where he may be struck

PART XII
or endangered by an excavating machine or by material dislodged Yes 4
Sec. 113(8)
by it or falling from it.

Planks used as sheet piling shall be at least 50 millimetres thick.

The maximum spacing between wales shall be such as to keep the
Piling, Shoring PART XII planks within their safe bending stress. Shores and braces shall be
Yes 4
and Bracing Sec. 114(1) of adequate dimensions for stiffness and shall be so placed as to
be effective for their intended purposes. Each end of each wales
piece shall be separately braced.

PART XII Earth-supported shores or braces shall bear against a footing of

Yes 4
Sec. 114(2) sufficient area and stability to prevent their shifting.

In every excavation of more than 1.2 metres deep there shall be

provided ladders, stairways or ramps to furnish safe access to and
PART XII egress from such excavation. Such ladders, stairways or ramps
Access Yes 4
Sec.115 shall comply with the provisions of these Regulations and shall be
installed in sufficient numbers and in such locations as to be
readily accessible.

No person shall be permitted to position or operate machinery in a

Position of PART XII
manner likely to endanger himself or others in the vicinity of the Yes 4
machinery Sec.118
excavation site.

MEDIAN 4.21

Discussion:

Excavations were done in the initial stages of the project. Excavation and trenching are amongst the
most dangerous operations in the construction industry. Thus the company did its utmost to comply
with all the legal requirements related to excavation works.

 Even before excavations had begun, the company made it a point to ensure that all public
walkways, five-footway and the adjoining street were all provided with substantial guard-rails

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or board fences. In addition, a 3-metre high hoarding was also construction around the
excavation site. Beyond that, guardrails were provided for the adjoining pedestrian walk-way.
However, during the pandemic, work stopped for about 2 weeks due to the Movement Control
Order (MCO). During this time, some small time burglars made a hole in the hoarding to get
access to the worksite. Although a month had passes and work had restarted, the hoarding was
not repaired. As a result stray dogs would go in and out of the excavation site and had to be
chased away. Although this did not pose a danger to the public, it did pose a danger to the
workers as some of the dogs were quite aggressive when taunted or chased. Although the
hoarding was eventually repaired, the company received a score of 3 for allowing this incident
to happen.
 Adequate warning and danger signs have been put up at the entrance, egress and all
conspicuous areas and on some parts of the hoarding. Two workers were designated as
flagmen and stationed at the entrance to control and guide vehicular traffic. Another worker
was stationed at the adjacent wash-bay, while the two security guards stationed at the
guardhouse would also help out whenever necessary. In another words, the company was
highly compliant to PART XII Sec. 111(2).
 The worksite and its adjacent surroundings, be it public walkways, sidewalks, streets and
roads were all adequately illuminated with high- powered spot lights. Hazard warning lights
were placed at the entrance and a few strategic spots to warn and ensure the safety of
pedestrians and vehicular traffic. These solar powered lights were left to run 24/7.
 There was no question about the stability of structures adjoining or over areas that were to be
excavated. The company brought in a competent person to do soil testing and check on the
stability of the building surrounding the excavation site. The soil was found to be cohesive
and had a high unconfined compressive strength. So, PART XII Sec. 112 seems redundant.
 No employee was permitted to enter the excavated area before sheet piling, shoring or other
safeguards were put in place. Most of the work was done with heavy machinery at the initial
stages.
 During continuous rainstorms throughout the day or week, it would be difficult to keep
checking the site for potential hazards after every rainstorm. A thorough check is done on the
soil structure and composition to ensure that there is minimal risk of slides or cave-ins.
 As for PART XII Sec. 113(3), the temporary sheet piling of the retaining wall was only
removed most of the construction was completed.

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 No banks were undercut as there was never a need to do so, and thus, PART XII Sec. 113(4)
was not applicable.
 As per requirement of PART XII Sec. 113(5), all excavated materials and other superimposed
load were placed at least 1 metre away from the edge of open excavation.

 The banks were stripped of all loose rocks or other materials to ensure that these hazards do
not slide, roll or fall upon the workers below in compliance with PART XII Sec. 113(6).
 Although at the time of this assessment, the excavations had only reached a depth of 2 metres,
the company had already taken proactive and precautionary steps by construction barricades
around the excavation site. Adequate warning signs and warning were also put up at various
conspicuous spots.
 No worker was allowed to work near or under an excavating machine to prevent him from
being hit or struck the machinery or by any material dislodged by it or falling from it. The
SHO reminds the worker of this rule at every tool-box meeting as a precautionary step.
 In compliance with PART XII Sec. 114(1), the company made sure that all planks used were
more than 50mm. The planks were adequately thick and the wales were spaced in such a way
so as to ensure safe bending stress.
 Shores and braces that were used were of adequate dimensions to ensure stiffness. The ends of
the wales were all separately braced to ensure maximum strength.
 The company made sure that the earth-supported shores or braces were borne against a footing
of sufficient area and stability to prevent their shifting. Constant supervision was carried
during piling, shoring and bracing works.
 Adequate ramps, ladders and stairways were provided for easy and safe access to and from the
excavated area. These items were installed in sufficient numbers and placed in locations as to
be readily and easily accessible.
 In compliance to PART XII Sec.118, the company ensued that only competent machine
operators were allowed to handle machinery at the site. Daily briefings and instructions are
given to these operators on how not to operate machinery in a manner that is likely to
endanger themselves or others in the vicinity of the excavation site.

Overall, the company scored a median of 4.21 which mean it displayed good compliance. It is to
stressed that the evaluation is rather strict where a score of 5(Highly Compliant) is rarely given. This

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is because a score of 5 would mean that the company is almost perfect in terms of compliance and
thus there will be little room for improvement. In safety and health, tis is almost a myth, as one
cannot be too careful as lives can be lost due to the slightest mistake or violation.

Conclusion:

This paper is meant to be more of a suggestion or demonstration of how evaluation of compliance to

legal requirements can or may possible be carried out. It is less of an actual evaluation of compliance
of a company as many applicable legislations have not been included due to space and time
constraints.

By its very nature, construction is a dangerous industry and therefore is subject to stringent health and
safety legislation. Therefore, evaluation of compliance should be conducted from time to time to
ensure the company stays in tandem with changes in laws pertaining to its area of work.

P/S : I have also attached another version of how EOC can be carried out in the appendix.

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APPENDIX:
SAMPLE 2 OF OCCUPATIONAL SAFETY AND HEALTH ACT, 1994
EVALUATION
OF Reference No
etc Applicability Status of Compliance Person in Charge Remarks
COMPLIANCE Subject Requirements (Yes/No) Yes/No) nforcing Agency

General duties of employers to their employees, duty to formula

te
safety and health policy (duties of employers to other than their
Safety and Health Policy Part IV Yes Management DOSH
employees, and penalties for the above offence (< RM50K and/o Yes
2 years imprisonment)

General duties of employee at work, duty not to interfere with o

misuse things provided pursuant to certain provisions, duty not t o
Occupational Safety and Health Employee responsibility Part VI Yes Yes Everyone DOSH
Act, 1994 charge employees for things done or provided and s
discrimination against employee, etc.

Safety & health officer, establishment of safety and health

Employer responsibility Part VII committee at place of work and functions of safety and Yes Yes Management DOSH
health committee.

Notifications of accidents, dangerous occurrence, occupational

Accident notification Part VIII Yes Yes Management DOSH
poisoning & occupational safety and health officer or injury.

Employer Part I (Reg.4) To comply with Part II, III, IV & V of this regulations Yes Yes Management DOSH

Part II (Reg.5) Requirements on the composition of the committee Yes Yes Management DOSH

Part II (Reg.6) Requirements of chairman & secretary Yes Yes Management DOSH

Part II (Reg.7) Requirements for other members of committee Yes Yes Management DOSH
Composition of member

Part II (Reg.8) Members shall come from various sections of a place of work Yes Yes Management DOSH

If vacancy occurs, person appointed in the same manner as the

Part II (Reg.9) Yes Yes Management DOSH
previous member shall fill it.

Removal of member Part II (Reg.10) Specify conditions that allow the removal of a member Yes Yes Committee DOSH

Part III
Function (Reg.11) Specify the functions of the committee Yes Yes Committee DOSH

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 Reference No Applicability Status of Compliance
Title Subject Requirements Person in Charge Enforcing Agency Remarks
Etc. (Yes/No) (Yes/No)

f
encing of machinery with moving parts e.g. machining equipment n
Section 15-16 Yes Yes Management DOSH
workshop

Part II
Safety, Health & Welfare of Section 18 Manufacture & repair of plant machinery Yes Yes Management DOSH
Workers

Section 19 Operate plant machinery (Certificate of fitness) Yes Yes Management DOSH

Workplace conditions e.g. cleanliness, space, ventilation, temperature,

Section 22-23 Yes Yes Management DOSH
lighting, toilets, and shelter from elements.

Personal protective equipment (PPE)-necessary goggles, gloves,

Section 24 Yes Yes Management DOSH
leggings, caps, foot-wear and protective ointment or lotion.

Factories and Machinery Act Part III (Persons-In-charge &

Section 26 Sufficient supervision/training for new workers on plant machinery Yes Yes Management DOSH
1967 Certificate of Competency

Certain machinery (e.g. boilers) not to be operated without

Section 29 Yes No Management DOSH
certificated staff

Part IV (Notification of
Accident, Dangerous
Section 31 & 32 To report accidents, dangerous occurrence & industrial diseases. Yes Yes Management DOSH
Occurrence &
Dangerous Disease)

Section 34 Notice for commencement of plant operation Yes Yes Management DOSH

Notice for commencement of Building Operations and Works of

Section 35 Yes No Management DOSH
Engineering Construction (BOWEC)

Part V (Notice of Occupation

of Factory & Registration & Section 36 Approval to install new equipment No No Management DOSH
Use of

Machinery) Section 37 & 38 To keep general Register of plant workers Yes Yes Management DOSH

Section 39 Approval to move or modify plant equipment No No Management DOSH

Notice of sale, hire/transfer or cessation of operation of any plant

Section 43 & 44 Yes Yes Management DOSH
equipment

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