XBLR3103
OSH Legislation
STUDY GUIDE
XBLR3103
OSH Legislation
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STUDY GUIDE XBLR3103 OSH Legislation
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Contents
Course Introduction....................................................................................... 5
Course Synopsis ........................................................................................ 5
Course Aims .............................................................................................. 5
Course Outcomes ...................................................................................... 5
Course Load .............................................................................................. 6
Course Requirements.................................................................................... 6
Assessment .................................................................................................... 7
Assessment Method .................................................................................. 7
Assignment ................................................................................................ 7
Final Examination ...................................................................................... 9
Late Submission of Assignment ................................................................. 9
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COURSE INTRODUCTION
Course Synopsis
Course Aims
Course Outcomes
At the completion of this course, it is expected that you will be able to:
1. Explain OSH legislations in Malaysia;
2. Explain the provisions spelled out under OSH legislations and their scope
of applications;
3. Differentiate the provisions under OSHA 1994 and FMA 1967;
4. Explain the various Regulations that are being spelled out under both
Acts;
5. Identify the Occupational Safety and Health and Factories and Machinery
Regulations that are applicable to their workplaces; and
6. Suggest the necessary action to be taken in complying to OSH
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legislations (either the OSHA 1994 or FMA 1967 and all the Regulations
made thereunder).
Course Load
COURSE REQUIREMENTS
This course is a prerequisite before learners start their practical training in
schools.
Essential reading
Occupational Safety and Health Act 1994(OSHA) (Act 514) and its
Regulations
Factories and Machinery Act 1967 (OSHA) ( Act 139) and its Regulations
Further reading
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You can download the softcopy of the OSH legislations, Industry Codes of
Practices and guidelines from the DOSH Malaysia website
http://www.dosh.gov.my.
ASSESSMENT
Assessment Method
The assessment method and evaluation distribution for this course can be
listed as follows:
TOTAL 100%
Assignment
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The services and facilities that are available at this hotel for its guests
include:
(i) Laundry
(ii) Gym
(iii) Spa and Sauna
(iv) Swimming Pool
(v) Sports centre
(vi) 18 hole golf course
(vii) Restaurant and café
In managing its day-to-day operation, the hotel is divided into the following
departments:
(i) Housekeeping
(ii) Laundry
(iii) Engineering /Maintenance
(iv) Landscaping
(v) Food and Beverage
(vi) Human Resource
(vii) Finance
(viii) Operation
(ix) Carpentry
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The list of chemicals stored at the hotel ranges from detergents, cleaning
chemicals, lubricants, grease, fertilisers, pesticides to paints which are widely
used by the housekeeping, laundry, engineering, food and beverage,
carpentry and landscaping departments.
The management of this resort is aware of the need to comply with the OSH
legislation but is unsure on how and what should be done to comply with
those provisions. Thus, the management has sought your advice.
Suggest to the Star Hotel management the provisions either under FMA 1967
or OSHA 1994 that are applicable to this hotel. Outline and propose what
they must do to comply with those provisions.
Final examination
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Week 1
Topic 1: Factories and Machinery Act 1967
Readings
You are required to review and read the contents of the Factories and
Machinery Act 1967 in order to understand its provisions.
Learning Outcomes
Study notes
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In the Act, the number used for each provisions are called Section. For
instance, “Section 2. Interpretation of factory”.
Study questions
3. How many Parts and Sections are there under this Act?
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5. One of the provisions spelled out under Part II of this Act is on the
duties of persons employed. List down and briefly explain these duties.
6. What are the provisions spelled out under Part III of the Act?
9. Part II: Safety, Health and Welfare, Section 24, spells out the provisions
related to personal protective clothing and appliances. What are the
personal protective equipment (PPE) and appliances listed under this
Section?
10. Part II: Safety, Health and Welfare, Section 25, spells out the provisions
related to welfare. What are the provisions?
12. Who was vested the power to make Regulations? State the Section
number.
14. List down four (4) notifiable occupational diseaseas spelled out under
Part IV: Notification of Accident, Dangerous Occurrence and Dangerous
Diseases of the FMA 1967.
15. A tower crane has collapsed while lifting construction materials from the
ground to the 13 th floor of a building under construction. Based on the
provisions of Part IV: Notification of Accident, Dangerous Occurrence
and Dangerous Diseases of the FMA 1967, is this incident an accident
or dangerous occurrence? Must it be notified to the Chief Inspector?
16. Mastina who had sprained her ankle while working in Factory WSW was
given a medical leave certificate for 4 days by the doctor. Must this
incident be notified to the Chief Inspector?
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18. When must an occupier notify the Chief Inspector in the event of an
accident? Name the Section number.
21. How many Schedules are there under this Act? What are the
Schedules?
22. What is the maximum penalty that can be imposed on an occupier for
failure to obtain a certificate of fitness before operating a machine?
23. What is your overall opinion about the provisions of this Act? Does the
provisions under this Act detailed out the way how we could comply
with the said provision?
1. Who enforces the Factories and Machinery Act 1967 and its
Regulations made thereunder?
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Week 2
Topic 2: Regulations Related to Safety Under FMA
1967 –Part 1
Readings
Learning Outcomes
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Study notes
These safety regulations made under FMA 1967 are aimed at controlling the
operations of machinery by addressing the requirements of persons operating
the machines and approvals for machinery to be installed and operated. The
(Steam Boilers and Unfired Pressure Vessels) Regulations 1970 were the
first Regulations passed under the Act. The regulations prescribe the
requirements spelled out under the FMA 1967.
As the Steam Boiler is one of the machine spelled out under the Act which
requires competent worker to operate and supervise its operation, the
(Persons- in-Charge) Regulations 1970 were introduced to prescribe those
requirements pertaining to the safe operation of machinery.
The second Regulations that were made under FMA 1967 Section 56(1) were
the (Electric Passenger and Goods Lift) Regulations. Similar to the (Steam
Boiler and Unfired Pressure Vessels) Regulations, these regulations
prescribe the detail requirements in the safe design and operation of a lift.
Study questions
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(g) Sam Chin wants to repair his steam boiler. Which requirement
under this Regulations must he comply with?
(h) What is the process of pressure vessel registration as stated in
these Regulations?
(i) Outline the requirements of these Regulations.
(j) How many Schedules are there under these Regulations? List
down the Schedules.
(k) What are the fees that must be paid to DOSH for the hydrostatic
test performed on a 5-litre unfired pressure vessel?
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Week 3
Topic 3: Regulations Related To Safety Under FMA
1967 –Part 2
Readings
Learning Outcomes
Study notes
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Requirements related to safety, health and welfare which was spelled out
under FMA 1967 are being detailed out under the (Safety, Health and
Welfare) Regulations 1970. This is the fifth Regulation made under FMA
1967.
In 1989, the thirteenth Regulation under FMA 1967, (i.e. the Building
Operations and Works of Engineering Construction Regulation) was
enforced. These Regulations which are applicable to building construction
and works of engineering construction industries spelled out detailed
requirements on the execution of the general provisions as provided under
the FMA 1967.
Study questions
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Week 4
Topic 4: Regulations Related to Health Under FMA 1967
Readings
Learning Outcomes
Study notes
These four (4) Regulations were made under the Factories and Machinery
Act 1967 to spell out the requirements on the control of specific health
hazards.
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The first health Regulations which were promulgated are the Lead
Regulations in 1984. These are the 11th Regulation under FMA 1967. Lead
was widely used in the electronic industries for its soldering work, in the
automotive industries for the production of lead acid batteries, ammunition
manufacturing, electronic components manufacturing production of cable
shielding etc. Thus, these Regulations will enable controls on these industries
to safeguard workers' health.
The Asbestos Process Regulations, the 12th Regulation under FMA 1967,
was promulgated in 1986 to control companies that use asbestos in the
manufacturing of their products such as automotive brake pads, roofing and
water pipes. In 1989, another two (2) more health regulations were made
under the Factories and Machinery Act 1967 i.e. the Mineral Dusts and Noise
Exposure The Mineral Dusts Regulations which is the 15th Regulation under
FMA 1967, were promulgated to control factories which use minerals such as
coal, koalin and potash cement in their production process. As for the Noise
Exposure Regulations, which is the 14th Regulation under FMA 1967, is
aimed to safeguard workers' hearing at factories with excessive noise.
Study questions
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3
milligram per meter . Based on the requirements of these
Regulations, what type of personal protective equipment must be
provided, at no cost to the employees?
(l) Company Lam plans to do housekeeping at its mineral processing
area. What should they do in accordance to the requirements of
these Regulations?
(m) Company Lam plans to conduct medical examination for its
employees who are exposed to mineral dusts above the action
level. What should the management do in accordance with the
requirements of these Regulations?
(n) Company Lam has not conducted any training for its employees
who are exposed to crystalline silica. Has the company committed
an offence under these Regulations? What is the penalty, if any?
(o) What are the requirements for changing rooms and lockers under
these Regulations?
(p) Company Cementtie wants to know the requirements on record
keeping. Advice the company on these requirements
(q) Company Cementtie wants to post a warning sign at its mineral
production area. What should be written on the warning sign?
(r) What are your comments on these Regulations?
Answer:
(a) The list of competency can be obtained from DOSH website via
the Internet.
Answer:
(a) Ask the PPE supplier to show the approval number issued by
DOSH.
(b) Go to the DOSH website, and search for the PPE listing.
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Answer:
(a) Check the DOSH website for companies with approved mobile
unit or static clinic. The audiometer and the silent booth for this
purpose must be approved by DOSH.
Answer:
(a) The General Practioner as per the requirements of the specific
health Regulations under FMA 1967. However, it is recommended
for employees to be examined by an occupational health doctor
(as stipulated by OSHA 1994 – Specific Regulations – USECHH
2000)
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Week 5
Topic 5: Other Regulations under FMA 1967
Readings
Learning Outcomes
Study notes
The Administration Regulations were the 6th Regulation made under the
FMA1967. These Regulations which were revised in 1983 are necessary to
assist the enforcement authority in administering the implementation of
Regulations made under the Act.
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Study questions
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(a) Explain briefly the purpose of these Regulations. What are the
requirements spelled out under these Regulations?
(b) Who are allowed to compound under these Regulations?
(c) List down two (2) offences under the Factories and Machinery Act
(FMA) that are compoundable offences.
(d) List down two (2) offences under the Factories and Machinery
(Fencing of Machinery and Safety) Regulations 1970 that are
compoundable offences.
(e) List down two (2) offences under the Factories and Machinery
(Safety, Health and Welfare) Regulations 1970 that are
compoundable offences.
(f) List down two (2) offences under the Factories and Machinery
(Notification, Certificate of Fitness and Inspection) Regulations
1970 that are compoundable offences.
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Week 6
Topic 6: Occupational Safety and Health Act
(OSHA) 1994
Readings
You are required to review and read the contents of the Occupational Safety
and Health Act 1994 and the Guidelines on Occupational Safety and Health
Act 1994 (Act 514) in order to understand its provisions.
Learning Outcomes
Study notes
The Occupational Safety and Health Act 1994 or Act 514 was promulgated in
1994 to provide further provisions on the safety, health and welfare of
persons at work. Unlike the Factories and Machinery Act 1967 which is only
applicable to factories, mining and quarrying and construction activities, the
coverage of this Act has been extended to other economic sectors as well.
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the Act did not prescribe any such arrangement for the performance of each
and every task.
Study questions
3. This Act applies to which industries and is there any industry that is
exempted?
4. How many Parts and Schedules are there under this Act? List down
four (4) of those Parts and all of the Schedules.
8. What are the powers and functions of the National Council for
Occupational Safety and Health?
9. Great Company wants to comply with OSHA 1994. What are the
general duties of the company as an employer?
10. Excell Company has yet to formulate a Safety and Health policy for its
employees. Has the organisation committed an offence under this Act?
What is the penalty?
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11. Bike Ride Company is a bicycle manufacturing company. What are their
duties as a manufacturer under this Act?
12. Mee Roll Company is a noodle machine manufacturer. What are their
duties as a manufacturer under this Act?
15. Ali Baba, an employee at Albab Company was found not wearing the
personal protective equipment (PPE) provided by his employer.
Adequate training and specific instructions have been given to him, yet
he failed to comply. Which requirements have he failed to comply with
and what would be the penalty if found guilty?
16. Can an employer charge payment from his employees for the PPE
provided to them?
17. Shaun has intentionally removed a machine guard while operating the
circular saw machine. Has he committed an offence under this Act?
What is the penalty for such an offence?
18. Can an employer dismiss, injure or alter the position of his employee if
the employee makes a complaint about a matter that he considers
unsafe or a risk to his health?
19. List down the provisions spelled out under Part VII – Safety and Health
Organisation.
20. A company with a total of 41 employees wants to know what are its
responsibilities as stipulated under Part VII – Safety and Health
Organisation of the Act. Advise the company on the requirements.
21. What are the functions of a safety and health committee as spelled out
under Section 30 of this Act?
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23. Who is given the power to prohibit against the use of plant and
substance? State the Section number.
25. Who can enforce this Act and conduct an investigation? List down three
(3) of his powers under this Act.
26. When can an Officer enter into a premise without a search warrant?
29. What would the penalty be for failure to comply with notice issued under
Section 48?
30. Can an aggrieved person who was issued a notice under Section 48
make an appeal? What should he do?
32. How can a person defend himself in a court proceeding for an offence
committed under this Act?
33. Who appoints the appeal committee and who are they?
35. Who has the duty to keep the confidentiality of any court proceeding
related to the offences committed under this Act? Is there any penalty
for failure to keep the secret?
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2. Can a Factory Inspector enforce the Factories and Machinery Act 1967
and its Regulations as well as the Occupational Safety and Health Act
1994 and Regulations?
Answer: Yes, as the Factory Inspector is also the Occupational Safety
and Health Officer who works in the Department of Occupational Safety
and Health (DOSH).
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Week 7
Topic 7: Occupational Safety and Health Regulations
(Part 1)
Readings
Learning Outcomes
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Study notes
The Occupational Safety and Health (Employers’ Safety and Health General
Policy Statements (Exception)) Regulations 1995 was the first Regulation
made under OSHA 1994 to address the provision spelled out under Section
16 of the said Act.
Within the same year, the Occupational Safety and Health (Safety and Health
Committee) Regulations 1996 were made. These Regulations prescribed the
general provisions spelled out under OSHA on the formation and function of a
Safety and Health committee in a place of work.
Study questions
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(vii) Secretary
(c) List down the duties of an employer under these Regulations.
(d) Syarikat Jaya has a total number of 120 employees. What would
be the set up of its safety and health committee?
(e) The manager of Syarikat Win wants to form a safety and health
committee. He wants to know the process of selecting the
secretary and members of the committee in accordance to the
requirements of the said Regulations. Explain to him the process.
(f) List down three situations whereby a member of a committee can
be removed.
(g) What are the functions of the safety and health committee?
(h) How can a complaint be resolved under these Regulations?
(i) What is the frequency of a workplace inspection carried out by the
safety and health committee as stated in these Regulations?
(j) When can an accident investigation be conducted?
(k) Who should chair the inaugural meeting?
(l) What is the quorum required to start a safety and health
committee meeting?
(m) What is the frequency of the safety and health committee
meeting?
(n) How long must the minutes of meeting be kept?
(o) Man Company has not provided safety and health training for its
committee members to enable them to carry out their functions as
members of the committee. Has the company committed an
offence under these Regulations? State the Regulations number
and its penalty.
(p) Can a company form a sub-committee in addition to the main
safety and health committee that have been formed?
(q) An employer has to make available a few documents for the
safety and health committee. List down three (3) of these
documents.
(r) What are your comments on these Regulations?
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Week 8
Topic 8: Occupational Safety and Health Regulations
(Part 2)
Readings
Learning Outcomes
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Study notes
In the same year, another Regulations and one order were made under the
OSHA 1994. They are the Occupational Safety and Health (Safety and
Health Officer) Regulations 1997 and Occupational Safety and Health (Safety
and Health Officer) Order 1997.
The Occupational Safety and Health (Safety and Health Officer) Order 1997 ,
prescribes the requirements of Section 29(2) of OSHA 1994. Section 29(1)(
2) only specifies the employment of Safety and Health Officer at a place of
work. However, the Act did not state the type of industries where the Safety
and Health Officer are required. Thus, this order states the types and class of
industries which require the employment of a Safety and Health Officer.
Another order was made in 1999 to prohibit certain types of chemicals from
being used at the workplace due to its health effect. This Occupational Safety
and Health (Prohibition of Use of Substances) Order 1999 contains a list of
chemicals that have been prohibited from being used in the workplace.
Study questions
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(g) Dedaun Company did not notify the Director General of DOSH
regarding the resignation of its Safety and Health Officer. Did the
company contravene any provision under these Regulations?
What is the penalty?
(h) What are the duties of an employer under these Regulations?
(i) What are the duties of a Safety and Health Officer under these
Regulations?
(j) When must a Safety and Health Officer attend the continuous
education programme?
(k) What are your comments on the provisions of these Regulations?
3. Occupational Safety and Health (Safety and Health Officer) Order 1997
(a) Name the person who makes the Order. Which Section under
OSHA 1994 stipulates the power being vested?
(b) Outline the contents of this Order.
(c) Define the following interpretation under these Order :
(i) Building Operation
(ii) Employee
(iii) Peak of work
(d) List down four (4) classes or descriptions of industries that require
a Safety and Health Officer.
(e) Tintan Company is a sanitary service company. The total number
of its employees is 1,200 workers. This company provides
services such as garbage collection and septic tank cleaning.
Based on this order, must this company employ a Safety and
Health Officer? Why?
(f) Bakecake Company employs 510 employees as bakers and
production workers. The company’s line of products include
marble cakes, banana cakes and fruit cakes. Based on this order,
must this company employ a Safety and Health Officer? Why?
(g) What are your comments on the provisions of these Regulations?
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(c) Syarikat Kima uses benzene chemical for its metal cleaning
activity. Is this chemical a prohibited item? If the company ignores
the prohibition order, can the employer’s be charged? Which
provision is applicable? What would be the penalty?
(d) What are your comments on the provisions of this Order?
3. Occupational Safety and Health (Safety and Health Officer) Order 1997
(a) Why do we need an Order, when there are already Regulations on
Safety and Health Officer?
Answer: The Order spells out different requirements i.e on the
class of industries for the employment of a Safety and Health
Officer. Meanwhile, the Regulations prescribe provisions related to
the engagement of a Safety and Health Officer.
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Week 9
Topic 9: Occupational Safety and Health Regulations
(Part 3)
Readings
Learning Outcomes
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Study notes
Two (2) Industry Codes Of Practices (ICOP) were approved by the Minister in
2010 to provide guidance for persons complying with the requirements of the
provisions of the OSHA 1994. The ICOP are the Indoor Air Quality and Safe
Working In A Confined Space.
Study questions
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(d) Can an employer carry out any work which may expose his
employee to chemical hazardous to health before conducting the
assessment to risk of health? Why? Who can conduct the
assessment?
(e) What information must be in a Chemical Hazardous To Health
Register prepared by the employer?
(f) What are the duties of an employer under Part III - Permissible
Exposure Limit?
(g) When must a review on the assessment to risk of health be
conducted?
(h) List down the control measures that must be carried out by the
employer under Regulation 15.
(i) Encik Miskam wants to provide personal protective equipment for
his employees. Advise him based on the requirements of these
Regulations.
(j) Syarikat Kimi wants to install an engineering control equipment.
i.e. a localised exhaust ventilation system, to minimise employees
risk to chemicals that are hazardous to their health. What are the
requirements stipulated by these Regulations?
(k) Syarikat Kimi did not label its chemicals “Hazardous To Health”.
Did the company contravene any of these Regulations and be
charged? Under which Regulations can it be charged? What is the
penalty?
(l) Encik Miskam, wants to conduct training for his employees
exposed to chemical hazardous to health. How must he conduct
the training?
(m) Who can conduct the monitoring of exposure to determine
workers exposure to chemicals?
(n) The result of ethylene oxide monitoring conducted on the workers
is 3 ppm. What do you think of this result? What is the permissible
exposure limit for the weighted time average of 8 hours?
(o) Based on the exposure monitoring conducted on formic acid, the
result for fifteen minutes sampling is 18 ppm. What do you think of
this result? What is the maximum limit?
(p) An employee is exposed to mercury. What should be his
frequency of health surveillance?
(q) What are the requirements of warning sign under these
Regulations?
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(r) Syarikat Mikani did not make available chemical safety data sheet
at areas where chemical hazardous to health are used. Did the
company contravene any of these Regulations? Can the employer
be charged and under which Regulations? What is the penalty?
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(i) What are the measures that can be taken by the building owner in
controlling the indoor air quality?
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Week 10
Topic 10: (i) Comparison between OSHA 1997 and
FMA 1967
(ii) Other Safety Legislation
Readings
Learning Outcomes
Study notes
Both FMA 1967 and OSHA 1994 have different philosophy and approach in
safeguarding the safety, health and welfare of workers. The FMA spells out
its provision in a more technical manner, whilst the OSHA’s provisions are
based on the concept of self-regulation. In addition, the scope of coverage for
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both Acts is also different with wider coverage given for the economic sectors
under OSHA 1994. Both Acts are enforced by the same authority, the officers
from the Department of Occupational Safety and Health (DOSH).
The Petroleum Safety Measures Act consolidates the laws relating to safety
in the transportation, storage and utilisation of petroleum and to provide for
matters relating thereto. Depending on the provisions of the Act and its
Regulations, the Act was enforced by different authority including officers
from DOSH. Although, this Act is not the fundamental act on safety and
health, it spells out some provisions pertaining to the safe transportation of
petroleum. The Petroleum (Safety Measures) (Transportation of Petroleum by
Pipelines) Regulations 1985 were passed to provide detail provisions on the
safety measures to be taken in the transportation of petroleum by pipelines.
Study Questions
1. What are the similar provisions that were spelled out under both Acts?
Identify and list down these similar provisions.
3. What are the duties of employees under both Acts? Is there any penalty
imposed on them in the event of contraventions of similar provisions?
4. What are the duties of employer under both Acts? Is there any penalty
imposed on them in the event of contraventions of similar provisions?
5. Who is the enforcing authority under both Acts? Are they the same
person?
7. Which Act imposes a higher and heavier penalty for any offence
committed under any provision?
8. What are the major differences between these two Acts in terms of its
provisions?
9. List down the provisions or key words that are used in either Act to
indicate the concept of self-regulation.
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STUDY GUIDE XBLR3103 OSH Legislation
11. Which Act is more technically inclined (contains technical provision for
compliance)? Why? State your reasons based on its provision.
13. Kilang Perabut Cantik manufactures wooden furniture for the local
market. It has a total of 500 workers working in the factory. State which
Act is applicable to this company. Why?
14. Does the enforcement authority for both Acts have the same power to
execute its work? What are these powers?
15. Identify the similar interpretation that was used in both Acts.
16. State four (4) provisions that was spelled out under OSHA 1994 which
was not addressed in FMA 1967.
18. Which Act spells out the liability for offences committed by a corporate
body, trade union or agent?
19. What is the difference between FMA 1967 and OSHA 1994 in terms of
Appeals provision?
21. Are there any welfare provisions spelled out under the OSHA 1994?
23. Explain briefly on the Notices that can be issued by the enforcement
authority under both Acts.
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STUDY GUIDE XBLR3103 OSH Legislation
25. State the objectives of the promulgation of OSHA 1994 and FMA 1967
based on its long title as stated in both Acts.
27. Who are the officers appointed under both Acts and who appointed
them?
28. How many Schedules are there in both Acts? Are they similar to each
other? State these Schedules.
29. State two (2) Regulations under each Act that were made by the
Minister.
30. Do both Acts spell out the duty to keep secret? Which Act does and
state its Section number.
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STUDY GUIDE XBLR3103 OSH Legislation
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Copyright © Open University Malaysia (OUM)