OSHA 1994

MEMBERS:
1) Mohammad Norazmi Ahmad
2) Warda Mohd Baki
3) Wan Norfarhana Wan Mansor
 CASE STUDY

Three people were killed and another 2 injured one of them in serious condition, when a tank of raw methanol gas at the A (M)
Sdn. Bhd factory at the Pelangi Johor exploded in June 2006. The explosion occurred when the five victims, working for B
(M) Sdn. Bhd, the contractor hired to do the maintenance work, were working about 11.40 am. The dead were identified as Mr.
X, Mr. Y and Mr. Z from Johor Bahru. Mr. K, from Kulai suffered serious injuries and was admitted to Hospital Sultanah
Aminah Johor Bahru while Mr. L from Senai suffered minor injuries and was given outpatient treatment. The exact number of
workers from the maintenance company who were working in the area during the incident was unclear. A (M) Sdn. Bhd
produces raw fatty acid from palm oil and glycerin for cosmetics and detergents, started operations in Johor 15 years ago.
During the incident, the factory had been closed for annual maintenance work from May 18 to June 19. The factory’s
managing director said two explosions were heard when the workers from the maintenance company were carrying out their
work near the tank area. He said the blasts caused a fire to break out at the factory but the blaze was put out within 20 minutes
by a team from the Fire and Rescue Department, Hazardous Material Response Team and the factory’s auxiliary fire fighting
unit. The three victims who died are believed to have been thrown up into the air by the impact from the blast and hit the steel
roof, according to a witness who did not want to be identified. They were said to be welding the gas pipe and are believed to
have been unaware of a leak in the gas pipe and the sparks from the welding set caused the explosion. Survivor Mr. L said he
was in a room next to the site where they were carrying out the welding work
 QUESTION 1

Comment of the incident.

Answer:

As reference to the Occupational Safety and Health Act (OSHA) (Safety and Health) order
in OSHA 1994, we can avoid the accident by appointing the Safety Health Officer (SHO).
The company is the responsible person during the accident occurred. The accident need to
be reported immediately to responsible authority such as Department of Occupational
Safety and Health (DOSH) and Royal Malaysia Police (PDRM).
 QUESTION 2
What action to be taken by the employer in compliance with OSHA 1994?
No OSHA 1994 Action
1 Section 1(2) and (3) Short title and application. Refer to First schedule for the industries involved.
2 Section 15(1) and (2b; PPE) The employer is compulsory to provide the safety, health and welfare at work of all his
employees. This also including provide maintenance plant and system work, proper
arrangement, information, instruction training and supervision. The employer need to
provide and maintain safe workplace and safe access egress.
3 Section 21 General duties of manufacturers, etc. as regards substances for use at work (Contractor).
4 Section 29 Safety and Health Officer (SHO) is a compulsory appointment for the specific industries
gazzetted (SHO order).
5 Section 32 Notification of Accident, Dangerous Occurrence, Occupational Poisoning and
Occupational Disease and Injury.
 QUESTION 3
Can the employer be charged under OSHA 1994? List the non-compliance of OSHA 1994.

Can. Below are the non-compliance OSHA 1994.

a) Safety Health Officer (SHO) didn’t monitors the Contractor’s worker.

b) The contractor didn’t have proper training and Safety Operation Procedure (SOP). Example, the
contractor didn’t have competent person and use the gas detector device as a validation method.
c) Contractor didn’t use a proper Personal Protection Equipment (PPE) such as safety harness.
d) Company Didn’t issued the hot work permit for the contractor.

e) Company didn’t inform the chemical information Safety Data Sheet (SDS) with the contractor.

f) Company didn’t report the accident with the Department of Occupational Safety and Health (DOSH)
and Royal Malaysia Police (PDRM).