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OSHA Regulations

EXCAVATION

24. (1) A construction work contractor shall take all practicable steps to ensure that, including for the provision of supports or battering

(a) no excavation or any part of an excavation collapses;

(b) no material forming the walls or roof of, or adjacent to, any excavation is dislodged or falls;

(d) no person, plant, or any accumulation of material falls into any excavation; and

(e) no part of an excavation or ground adjacent to it from being overloaded by any plant or material.

(2) Where any support or battering has been provided in accordance with subregulation (1), construction work shall not be carried out in the excavation unless

(a) the excavation and any plant and materials which may affect its safety have been inspected by a designated person

(i) at the start of the shift in which the work is to be carried out;

(ii) after any event likely to have affected the strength or stability of the excavation; and

(iii) after any material unintentionally falls or is dislodged; and

(b) the designated person who carried out the inspection is satisfied that construction work can be safely carried out there.

(3) Where the designated person carrying out an inspection under subregulation (2) informs the person on whose behalf the inspection is carried out of any dissatisfaction in relation to the matters specified under subregulation (1), the construction work shall not be carried out in the excavation until the matter has been satisfactorily remedied.

(4) Any person who contravenes this regulation shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Cofferdam and caisson

25. (1) A cofferdam or caisson

(a) shall be of suitable design and construction;

(b) shall be appropriately equipped so that workers can gain shelter or escape if water or materials enter it; and

(2) A cofferdam or caisson shall not be used to carry out any construction work unless

(a) the cofferdam or caisson and any plant and materials which may affect its safety have been inspected by a designated person􀈄

(i) at the start of the shift in which the work is to be carried out; and

(ii) after any event likely to have affected the strength or stability of the cofferdam or caisson; and

(b) the designated person who carried out the inspection is satisfied that construction work can be safely carried out there.

(3) Where the designated person carrying out an inspection under subregulation (2) informs the person on whose behalf the inspection is carried out of any dissatisfaction in relation to the matters specified under subregulation (1), the construction work shall not be carried out in the cofferdam or caisson until the matter has been satisfactorily remedied.

Report of inspection

26. (1) Where a designated person who carries out an inspection under regulations 24 and 25, is satisfied that no construction work can be carried out safely at the place inspected, the designated person shall

(a) inform the person on whose behalf the inspection was carried out, before the end of the shift within which the inspection is completed, of the matters that could give rise to a risk to the safety of any person;

(b) prepare a report, which shall contain􀈄

(i) the name and address of the person on whose behalf the inspection was carried out;

(ii) the location of the place of construction work inspected;

(iii) the description of the place of construction work or any part of that place inspected, including any plant and materials;

(iv) the date and time of the inspection;

(v) the details of any matter identified that could give rise to a risk to the safety of any person;

(vi) the details of any action taken as a result of any matter identified in subparagraph (v);

(vii) the details of any further action considered necessary; and

(viii) the name and position of the designated person making the report; and

(c) submit the report, or a copy of it, to the person on whose behalf the inspection was carried out within twenty-four hours after completing the inspection.

(2) Where the designated person who carries out an inspection works under the control of another, whether as an employee or otherwise, the person in control of the designated person shall ensure that the designated person who carries out the inspection complies with the requirements specified under subregulation (1).

(3) The person on whose behalf the inspection was carried out shall

(a) keep the report or a copy of it available for inspection by an officer

(i) at the construction site where the inspection was carried out until the construction work completes; and

(ii) for the period of three months after the construction work completes; and

(b) submit to the officer any extract from or copy of the report as the officer may require.

(4) Notwithstanding subregulation (1), if the inspection under subparagraph 24(2)(a)(i) or 25(2)(a)(i) is carried out for more than once within seven days, the designated person only needs to prepare and submit one report during that period.

(5) Any person who contravenes this regulation shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.

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SAFETY ACT

Occupational Safety & Health Amendment Act

OSH Act 1994, Section 15(1)

General duties of employers & self-employed person persons

With regard to his/her employees, so far as is practicable, every employer and self-employed person must ensure:

- Safety

- Health

- Welfare

OSH Act 1994, Section 15(2)

Without prejudice to sub-section (1), the duties extended to:

a) The provision and maintenance of plant and system of work

b) Making safe and without risk to health arrangement for activities in connection to plant and substance

c) Provide information, instruction, training and supervision.

d) Provide and maintain safe without risk to health workplace including its means of access and egress

e) Provide and maintain safe without risk to health working environment including adequate welfare.

f) Employers must develop and implement procedures fro dealing with emergencies that may rise at the workplace, essentially, it requires employers to have established emergency response plans in place.

Occupational Safety & Health Amendment Act 2022

1. OSHA (A) 2022 Application

Apply to all place of work except:

- Domestic servant

- Armed forces (ATM)

- Work on board ships

Amendment Act

S1(2) subject to subsection (3), this act shall apply to all [laces of work throughout Malaysia including in the public services and statutory authorities.

S1(3) nothing in the act shall apply to the work specified in the first schedule.

2. RISK ASSESMENT

Specific provision imposes the duty to employer, self-employed person or principal to conduct risk assessment and implement risk control at the place of work.

· Hazard identification

· Risk analysis / risk evaluating

· Risk control

DUTY TO CONDUCT AND IMPLEMENT RISK ASSESSMENT 18B.

18B. (1) Every employer, self-employed person or principal shall conduct a risk assessment in relation to the safety and health risk posed to any person who may be affected by his undertaking at the place of work.

(2) Where a risk assessment indicates that risk control is required to eliminate or reduce the safety and health risk, the employer, self-employed person or principal shall implement such control.

(3) For the purposes of this section, “risk assessment” means the process of evaluating the risks to safety and health arising from hazards at work and determining the appropriate measures for risk control”.

PENALTY

Occupational Safety & Health Amendment Act 2022 (SECTION 19)

· Fines RM500,000 or

· Imprisonment 2 years or

· Both

Occupational Safety & Health Amendment Act 2022 (SECTION 24)

Duties of Employee

a) Take reasonable care for safety & health of himself and others

b) Cooperate with his employer and any other person

c) To wear and use PPE at all time.

d) To comply with any instruction or measure on OSH