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REGULATIONS,

ACTS
&
ENGINEERING STANDARDS

OUTLINE

Registration of engineer act 1967 and the


regulation 1990
Contract and contract act 1950 (Revised
1974)
Electricity supply act 1990 and the
amendment act 2001 and the regulations
Occupational safety and health act 1994 (Act
514) and the Regulations
Malaysia engineering standard & SIRIM
International standard

INTRODUCTION

As a citizen and working in Malaysia, You are subjected to law of


Malaysia.
Law of Malaysia regulates the citizens. Their relations with the
state and their relations with one another.
Public Law regulates the relationship between the citizen and
the state, can be further subdivided into
Constitutional Law,
Administrative Law and
Criminal Law.

Private Law Also known as Civil Law, regulates the


relationship between a citizen and another. Subdivided into

Contract (Insurance, Sale of Goods, Bill of Exchange)


Tort
Trust
Land
Family
Company
Partnership
Agency
Commercial Law

SOURCES OF LAW OF
MALAYSIA;
1. The Federal Constitution.

The Federal Constitution is the Supreme Law, any law that is


inconsistent with the constitution is void

2. Federal Law made by Parliament


3. The thirteen Constitutions of the states comprising the
Federation
4. State Laws made by the State Assemblies
5. Federal and state subsidiary legislation, made by persons or
bodies under powers conferred on them by Acts of Parliament or
Enactments of State Assemblies
6. Judicial decisions of the superior Courts (Judge made law)
7. Principles of English law suitable to local circumstances
8. Islamic law (applicable only to Muslim)

LAW OF MALAYSIA
For employment as an Engineer in Malaysia;
You have to be registered with BEM as a graduate engineer.
Section 10(1) of Registration of Engineer Act 1967;
a) Subject to this Act, any person who holds the qualification required for
Graduate membership of the Institution of Engineers (Malaysia) or such
other qualification as the board consider to be equivalent thereto, shall
be entitled on application to be registered as a Graduate Engineer.
a) Subject to this Act, a person who is registered as a Graduate Engineer
under paragraph (a) shall be required to obtain such practical
experience as may be prescribed by the board after consultation with
the Minister in order to be entitled to apply for registration as a
Professional Engineer under subsection (2)

ACT 138 REGISTRATION OF


ENGINEER ACT 1967

Revised up to
1987
Date of Royal Assent
12th January 1987
Date of publication in Gazette 15th January 1987
Enacted in 1967 (ACT 138) as Act No. 66 of 1967

To safeguard the Statutory Act


To regulate practice of engineers
To protect public and to up-grade engineers

REGISTRATION OF ENGINEER ACT 1967


ARRANGEMENT OF SECTIONS
PART 1 PRELIMINARY
PART II BOARD OF ENGINEERS
PART III REGISTRATION OF ENGINEERS
PART IV CANCELLATION, REMOVAL AND REINSTATEMENT
PART V GENERAL

REGISTRATION OF ENGINEER REGULATIONS 1990


ARRANGEMENT OF REGULATIONS
PART 1 PRELIMINARY
PART II ADMINISTRATION
PART III REGISTRATION OF GRADUATE ENGINEERS AND PROFESSIONAL
ENGINEERS.
PART IV CODE OF PROFESSIONAL CONDUCT.
PART V REGISTRATION OF BODIES CORPORATE PRACTISING AS
CONSULTING ENGINEERS
PART VI PROFESSIONAL ASSASSMENT EXAMINATION
PART VII REVOCATION

REGISTRATION OF ENGINEER
ACT 1967

PART 1 PRELIMINARY

Section;
1. Short Title
2. Interpretation
Engineer means a civil engineer,
Electrical Engineer, Mechanical Engineer
or Structural Engineer or other person
qualified to be registered under this act Registered Graduate Engineer
Registered Professional Engineer

PART II BOARD OF
ENGINEERS
Section;
3. Establishment of Board of Engineer
(1) The board shall consist of the following members to be appointed by the
minister;
a. President shall be registered Professional Engineer
b. Not more than 14 members who shall be registered Professional Engineer
c. One Architect Architects act 1967
d. One QS Surveyors act 1967
4. Function of the Board
(1) The functions of the Board shall be a. to keep and maintain the register
b. to approve or reject applications for registration
c. to order cancellation, removal or reinstatement
d. to fix scales of fees
e. to hear and determine disputes relating to professional conduct or ethics of
engineers
f. to determine and regulate the conduct and ethics

PART III REGISTRATION OF


ENGINEERS
5. Register
6. Appointment and duties of Registrar
7. Restrictions on unregistered person and registered Graduate Engineers.
7A. Engineering practice by bodies corporate
8. Only registered Professional Engineer may submit plans or drawings.
(1) Except as otherwise provided under any other written law(a) no person other than a registered Professional Engineer who is residing in
Malaysia, shall be entitled to submit plans, drawings, schemes, proposals,
reports, designs or studies to any person or authority in Malaysia; and
(b) no person other than a registered Professional Engineer shall be entitled to
describe himself as a Professional Engineer and to use the abbreviation Ir.
Before his name or the abbreviation P.Eng. after his name or in any way in
association with his name.
(2) The right of a registered Professional Engineer to submit plans, drawings,
schemes, proposals, reports, designs or studies to any person or authority in
Malaysia is subject to any restrictions imposed by the Board under section
4(1)(b), and is restricted to the right to submit such documents only in relation
to the branch of engineering in which the registered Professional Engineer is
qualified as shown by the entries made in the Register under section 5(2)

9. Registered Engineers subject to this Act.


10. Qualifications for registration.
(1) (a) Subject to this Act, any person who holds the qualification required for
Graduate membership of the Institution of Engineers (Malaysia) or such
other qualification as the Board consider to be equivalent thereto, shall be
entitled on application to be registered as a Graduate Engineer.
(b) Subject to this Act, a person who is registered as a Graduate Engineer
under paragraph (a) shall be required to obtain such practical experience
as may be prescribed by the board after consultation with the Minister in
order to be entitled to apply for registration as a Professional Engineer
under subsection (2)
10A. Temporary registration of foreign engineers.
11. (Repealed)
12. Application for registration
13. Certificate of registration.
14. Notification of change of address.

PART IV CANCELLATION,
REMOVAL AND REINSTATEMENT

15. Cancellation of registration.


16. Removal from Register
17. Reinstatement.
18. Certificates to be returned.

PART V GENERAL
19. Appeal.
20. Appeal Board
21. Tenure of office of members of the Appeal Board.
22. Procedure of Appeal.
23. Procedure of Appeal Board.
24. Penalties for obtaining registration by false
pretences, etc.
24A. Restriction on employment of
unregistered person as an Engineer.

25. General Penalty.


(1) Any person who contravenes this Act or any regulations
made thereunder shall be guilty of an offence and shall,
where no penalty is expressly provided therefore, be liable,
on convection, to a fine not exceeding two thousand ringgit.
(2) If a body corporate contravenes this Act or any regulations
made thereunder every director, manager, secretary or other
similar officer thereof shall be guilty of the same offence and
be liable to the same penalty as the body corporate is guilty
of and liable to, unless he proves was committed without his
knowledge, consent or connivance or was not attributable to
any neglect on his part.
26. Regulations.
26A. Authorization by President.
27. Saving as to right of Government.

REGISTRATION OF ENGINEER
REGULATIONS 1990

ARRANGEMENT OF REGULATIONS
PART 1 PRELIMINARY
1. Citation and Commencement.
2. Interpretation
PART II ADMINISTRATION
3. meeting of the Board.
5. Votes.
7. Minutes
9. Secretary.
11. Cheque.
13. Expenses of the Board.
15. Financial year.

4. Notice of meetings
6. Proxies not admitted
8. Committees.
10. Bank account.
12. Accounts.
14. Audit.

PART III REGISTRATION OF


GRADUATE ENGINEERS AND
PROFESSIONAL ENGINEERS.
Regulation No;
16. Forms of application.
(1) Every person desirous of being registered as a Graduate Engineer under
the Act shall make an application to the Board in form A in the Schedule
(2) Every person desirous of being registered as a Professional Engineer
under the Act shall make an application to the Board in Form B1 in the
Schedule.
17. Time limit for the board to decide on application.
18 Registration fee and failure to pay fee.
(1) No registration fee is chargeable in respect of registration of a Graduate
Engineer under the Act.
(2) Any person whose application for registration as a Professional Engineer
made under sub-regulation (2) of regulation 16 has been approved shall,
within two months of the date of notification of such approval, pay to the
Board a registration fee of one hundred and fifty ringgit.

19. Forms of certificates of registration.


(1) An Engineer registered under the Act shall be
issued with a certificate duly signed by the
President and the Registrar and sealed with the
common seal of the Board.
(2) A certificate of registration issued to a Graduate
Engineer shall be in form C in the schedule
(3) A certificate of registration issued to a
professional Engineer shall be in form D1 in the
schedule
20. Renewal fee.
21. Fee for reinstatement.

22. Practical experience.


(1) The practical experience that a registered Graduate Engineer is required to
obtain under section 10(1)(b) of the Act in order to be entitled to apply for
registration as a Professional Engineer shall be carried out in a manner
satisfactory to the Board for a period of three years(a) in the planning, design, execution or management of such works as
comprised within the profession of engineering
(b) in engineering research ; or
(c) in the teaching in a course leading to a qualification approved by the
Board, and at least one year of such practical experience shall be
obtained in Malaysia under the supervision of a registered Professional
Engineer of the same discipline or an approved allied discipline and shall
be in fields of engineering practice other than in research or teaching.
(2) Not withstanding sub-regulation (1),.
(3) A registered Graduate Engineer applying for registration as a Professional
Engineer under section 10(2) of the Act shall submit with his application proof
in writing of his practical experience. Such submission shall include details of
duration and the description of the practical experience and a statement by
the said supervisory Professional Engineer under sub-regulation (1) in the
case of experience obtained in Malaysia or by an engineer acceptable to the
Board in the case of experience obtained outside Malaysia, that the
registered Graduate Engineer has satisfactorily completed his practical
experience.

PART IV CODE OF
PROFESSIONAL CONDUCT.
23.

Conduct of Registered Engineer. Every Registered


Engineer shall at all times uphold the dignity, high
standing and reputation of his profession.
24. Responsibility to employer, client or profession. A
Registered Engineer in his responsibility to his employer,
client or the profession shall have full regard to the public
interest.
25. Discharge of duties.
(1) A Registered Engineer shall discharge his duties to his
employer or client as the case may be with complete
fidelity.
(2) Except with the permission of his employer, a
Registered Engineer shall not accept any
remuneration for services rendered other than from his
employer.

26. Reputation etc. of a Registered Engineer not to be injured. A


registered Engineer shall not maliciously injure or attempt to
maliciously injure whether directly or indirectly, the professional
reputation, prospects or business of another Registered
Engineer.
27. Canvassing and advertising prohibited.
A registered Engineer shall not;
(a) canvass or solicit professional employment
(b) offer to make by way of commission or any other payment for
the introduction of his professional employment; or
(c) except as permitted by the Board, advertise in any manner or
form in connection with his profession.
28. A Professional Engineer in private practice not to practice with
any person whose registration has been cancelled.

29. Restrictions on making payments or placing


contracts. A Professional Engineer in private practice
shall not be a medium of payment made on his
clients behalf unless he is so requested by his client
nor shall he, in connection with work on which he is
employed, place contracts or orders except with the
authority of and on behalf of his client.
30. Restriction on entering professional partnership. A
Professional Engineer in private practice shall not
without the approval of the Board enter into
professional partnership with any person other than a
Professional Engineer in private practice, a
Registered Architect, a Registered Quantity Surveyor
or a Licensed Land Surveyor.

31. A Professional Engineer in private practice not to intervene or to


take over the work of another. A Professional Engineer in
private practice shall not directly or indirectly(a) supplant or attempt to supplant another Professional
Engineer in private practice;
(b) intervene or attempt to intervene in or in connection with
engineering work of any kind which to his knowledge has
already been entrusted to another Professional Engineer in
private practice; or
(c) take over any work of that other Professional Engineer in
private practice acting for the same client unless he has(i) obtained the consent of that other Engineer; or
(ii) been formally notified by the client that the service of that
other Engineer have been terminated in accordance with
the provisions of any contract entered into between that
other Engineer and the client.

32. Restrictions on being a director, member or shareholder of contracting


and manufacturing company, etc.
(1) Except with the prior approval of the board, a Professional
Engineer in private practice shall not be a director or executive of
or substantial shareholder in or agent for any contracting or
manufacturing company or firm or business related to building or
engineering.
(2) If such approval is given, such Professional Engineer shall not
undertake any contract work wherein he is engaged as a
consulting engineer in such project unless it is in respect of a
design and build project.
33. Disclosure of interest.
Every Registered Engineer while acting in his professional capacity
shall disclose in writing to his client of the fact if he is a director or
member of a substantial shareholder in or agent for any contracting or
manufacturing company or firm or business or has any financial interest
in any such company or firm or business, with which he deals on behalf
of his client.

PART V REGISTRATION OF
BODIES CORPORATE PRACTISING
AS CONSULTING ENGINEERS
34. Form of application for body corporate to
practice as consulting engineers and
registration fee for body corporate.
35. Permit for body corporate to practice as
consulting engineers.
36. Renewal of permit.

PART VI PROFESSIONAL
ASSESSMENT EXAMINATION
37. Form of application to sit for Professional
Assessment Examination.
Every registered Graduate Engineer having the
practical experience as mentioned in regulation 22
desirous of sitting for the professional Assessment
Examination for the purpose of applying to be
registered as a Professional Engineer shall submit to
the Board his application in Form G in the schedule
and accompanied by a fee of two hundred ringgit in
the form of money order, bank draft or cheque made
in favor of the Board.

38. Professional Assessment Examination.


The Professional Assessment Examination that a registered
Graduate Engineer has to pass under section 10(2)
(i)(c) of the Act in order to be entitled to be registered as a
Professional Engineer shall consist of;
(a) a professional interview conducted by not less than
two examiners appointed by the Board from time to
time.
(b) a written paper on a technical subject related to the
practical experience which he has obtained; and
(c) a written paper on his understanding of the code of
Professional Conduct.

PART VII REVOCATION

39. Revocation

SCHEDULE
Form A

Application form for registration as a


Graduate Engineer
Form B1 Application form for registration as a
Professional Engineer
Form B2 Application form for temporary
registration as a Professional Engineer
Form C, D1, D2 Certificate of registration
Form E
Form F
Form G
Form H

CONTRACT
An agreement enforceable by law.
In legal sense refers to an agreement between two or
more parties that is legally binding between them. The
nucleus of all contracts is an agreement, all contract
must be built upon an agreement.
Example of contract: (For Class Discussion)
a. sales and purchase agreement (S&P Agreement) of a
house
b. Hire purchase of a car.
c. Any other contracts / Agreement (Works, Services etc)

The essential elements of contract are;


1. Proposal and acceptance Offer and acceptance.
2. Consideration
3. Intention to create legal relations 4. Certainty
5. Legal Capacity
6. Free consent
7. Legality of the objects
8. Required formalities

1. Proposal and acceptance Offer and acceptance.


The agreement is constituted by a proposal (offer) and
acceptance. The proposal become promise by the
promisor and the party accepting the proposal is
known as promisee.
An Invitation to Treat is not a proposal but a sort of
preliminary communication between the parties at the
stage of negotiation, such as display of goods with
price tag, an advertisement or an auctioneer inviting
bids for a particular article.

2. Consideration
Consideration may be viewed as a sort of bargain or the price
which one party pays to buy the promise. A agrees to sell his
house to B for RM 10,000.00. Here, Bs promise to pay the sum
of RM 10,000.00 is the consideration for As promise to sell the
house, and As promise to sell the house is the consideration for
Bs promise to pay RM 10,000.00. These are lawful
considerations.
3. Intention to create legal relations
4. Certainty
5. Legal Capacity
6. Free consent
7. Legality of the objects
8. Required formalities

CONTRACTS ACT 1950


(ACT 136)

The law regulating contracts in Malaysia is governed by Contract Act


1950 (Revised 1974).
The objectives of the Act;
a. To protect the legal rights of all parties involved in contract
agreement
b. To regulate the practice of contract agreement
Scope of the Act (Composed 10 parts with 191 sections);
Part I to VII - The general principles of contracts
Part VIII - The contracts of Indemnity and Guarantee
Part IX The contracts of Bailment
Part X The Contracts of Agency

PART I PRELIMINARY
(section 1 and 2)
Interpretation
Proposal when one person signifies to another his willingness to do or abstain from
doing anything to obtain agreement from the other.
Promise when a proposal is accepted by whom the proposal is made
Promisor the person making the proposal
Promisee the person accepting the proposal
Consideration for the promise when the promisee promises his willingness to do
or abstain from doing something out of the desire of promisor
(eg : A agrees to sell his house to B for RM 10,000.00. Here,
Bs promise to pay the sum of RM 10,000.00 is the consideration for
As promise to sell the house, and As promise to sell the house is the
consideration for Bs promise to pay RM 10,000.00)
Agreement every promise or sets of promises forming the consideration of both
parties.
Void an agreement not enforceable by law
Contract an agreement enforceable by law
Voidable contract a contract which is enforceable by law at the option of one party
but not at the option to the other.

PART II COMMUNICATION,
ACCEPTANCE AND
REVOCATION OF PROPOSALS
(Section 3 9)
The Formation of a contract may arise on a proposal. The
communication of a proposal is complete when it comes to the
knowledge of the person to whom it is made. A proposal can be
revoked before the communication of its acceptance is complete.
An acceptance in order to be valid must be clear, absolute and
unqualified. Both the proposal and acceptance may be
expressed if it is made by words or may be implied if made by
other means than in words.
1. A proposes, by letter, to sell a house to B at a certain price. The
communication of the proposal is complete when B receivesthe
letter.
2. B accepts As proposal by letter sent by post. The
communication of the acceptance is completeAs against A, when the letter is posted;
As against B, when the letter is received by A

PART III CONTRACTS, VIODABLE


CONTRACTS AND
VOID AGREEMENTS ( Sec 10 31)
Part III lays down the essentials for an agreement to be enforceable
by law in order to be a contract. Agreements can become a contract
if they are;
a. by the free consent of the parties
b. the parties must be competent to contract
c. for lawful consideration and with a lawful object, and
d. not hereby expressly declared to be void
A person is competent to contract if he is of the age of
majority according to law to which he is subject, and who is
sound mind, and is not disqualified from contracting by any
law to which he is subject to.

PART IV CONTINGENT
CONTRACTS
(Sec 32 37)
Part IV covers the Contingent contracts. A Contingent
contract is a contract on something possible but not
certain to happen. If the future event happens to be
uncertain, the contract cannot be enforced by law unless
and until that event has happened. In case the event
becomes impossible, the contract becomes void.
a. A contract to pay B RM10,000.00 if Bs house is burnt
b. A contract to pay B a sum of money when B marries
C. C dies without being married to B. The contract
becomes void.

PART V THE PERFORMANCE OF


CONTRACTS
(Sec38 68)
Under these provisions the promisor, his representatives or
competent person employed by the promisor, has an
obligation to perform the contract as promised at specified
time or place or if not specified should be perform at proper
time or place unless excused from performance under this or
any other law.
If two or persons have made a joint promise, the
responsibilities, rights and loss involved in the performance of
the contract should be shared equally unless a contrary
agreement appears by the contract. If one party to the
contract prevents the other from performing his promise, the
contract becomes voidable and he is entitled to be
compensated for any loss which the other party may sustain.

PART VI CERTAIN RELATIONS RESEMBLING THOSE


CREATED BY CONTRACT (Sec 69 73)
This part provides the law applicable to certain relations resembling
those created by contract. Such relations are also referred to as
quasicontract.
PART VII THE CONSEQUENCES OF BREACH OF CONTRACT
(Sec 74 76)
This part covers the consequences of breach of contract. The
doctrine of remoteness of damages and principles as to measure of
damages are covered under these provisions. When a contract has
been broken, the party who suffers by the breach is entitled to
receive, from the party who has broken the contract. Such
compensation is not to be given for any remote and indirect loss or
damage sustained by reason of the breach.

PART VIII INDEMNITY AND


GUARANTEE
(Sec 77 100)
Contract of indemnity means that a contract by which
one party promises to save the other from loss caused to
him by the conduct of the promisor himself, or by the
conduct of any other person. The promisee in the
contract of indemnity, acting within the scope of his
authority, is entitled to recover from the promisor on all
damages, all costs and all sums.
A contract of guarantee is a contract to perform the
promise, or discharge the liability, of a third person in
case of his default. The person who gives the guarantee
is called the surety,

PART IX BAILMENT
(Sec 101 134)
A bailment is the delivery of goods by one
person to another for some purpose, upon a
contract. The person delivering the goods is
called the bailor. The person to whom they are
delivered is called the bailee.
The bailors duty is to disclose faults in good
bailed. If he does not make the disclosure, the
bailor will be responsible for the damage,
whether he was or was not aware of the
existence of the faults in the goods bailed.

PART X AGENCY
(Sec 135 191)
There are three persons involved, Principal, Agent and Subagent. An Agent is a person employed to do any act for another
or to represent another in dealings with third persons. The
person for whom such act is done, or who is so represented is
called the Principal. A sub-agent is a person employed by,
and acting under the control of the original agent in the business
of the agency.
The principal may revoke agents authority and also has the right
to the termination of sub-agent authority. Sub-agent are
employed and acting under the control of agent. He has the
responsibility for his acts to the agent, but not to the principal.
The termination of the authority of an agent causes the
termination of the authority of all subagents appointed by him.

CONTRACTS (AMENDMENT)
ACT 1976 (ACT A329)
An act to amend the Contract Act 1950 to make provisions with respect to
scholarship agreements.
The objectives;
a. to outline the validity of scholarship agreement
b. to protect the legal rights of scholarship acceptee and the associated
authorities.
In this act it point some important terminologies;
a. Appropriate authority The Federal Government or a State Government ,
a Statutory authority, or an approved educational institution
b. Approved educational institution Any institution or body declared as
such by Minister under section 3.
c. Scholarship agreement
Generally, the amendment explained about the approval of an educational
institution for the practice of this act. It tells the validity of scholarship
agreement and the legal action involve in the event of a breach of
scholarship agreement.

Occupational safety and health act


1994 (Act 514) and the Regulations

CONTENT
WHAT IS OHSA?
OBJECTIVE
SCOPE
APPLICATION
STRUCTURE OF ACT
GENERAL PENALTY
OSHA REGULATIONS
STATISTIC CASES

What is Occupational Safety and


Health Act 1994?
An Act to make further provisions
- For securing the safety, health and welfare of persons at work
- For protecting others against risks to safety or health in
connection with the activities of persons at work,
- To establish the National Council for Occupational Safety
and Health, and for matters connected therewith
- Apply throughout Malaysia to the industries specified
in the First Schedule.

Why OHSA created??


- FMA (Factories & Machines Act) 1967 scope are too limited,
prescriptive and too dependent on government.
- Accident Statistics
- Global demands by UN,ASEAN & APEC and also by
economical competitiveness

OBJECTIVE
- to secure the safety, health and welfare of persons at work
- to protect person (other than person at work) at a place of
work against hazards
- to promote the occupational environment adaptable to the
person physiological & psychological needs
- to provide the means towards a legislative system based
on regulations and industry code of practice in combination
with the provisions of the Act

SCOPE
- Person at work in all economic activities including public
sectors & statutory authorities
-Except@ Working onboard ships
@ armed forces

APPLICATION.
-an umbrella act to protect the safety and health of all persons at work
and those affected by persons at work.
-Employers as a rule must follow the provisions of the Act,
Regulations and relevant Codes of Practice and Guidelines (or at least
be doing something which is as good) and follow best practice and
advice.
-The employees too must comply with the provisions of the Act and
cooperate with employers in their attempt to ensure a safe and
healthy workplace.
-responsibility for safety and health in the workplace lies with
those who create the risks (employers) and those who work with the
risks (employees).
-It must be realized by all concerned that it is a breach
of the criminal law when certain provisions of the Act are infringed. ----Those injured or diseased may bring about charges in civil courts
when there is a breach of statutory duty under certain provisions of
the Act.

STRUCTURE OF ACT
15 Parts into 67 Sections
- Part I (1) to Part III (3)
*Preliminary/Officers/NCOSH
- Part IV (4) to Part VI (6)
*General responsibilities of employers, self-employed
designers, manufacturers, suppliers & employees
- Part VII (7) to Part XIII (13)
*DOSH management mechanism implemented by employer,
enforcement & prosecution tools
- Part XIV (14) to Part XV (15)
*Regulations & miscellaneous

PART 1 - PRELIMINARY
1) Application
2) Prevailing Laws
- shall be in addition to, and not in derogation of..
- In the event of any conflict or inconsistency, OSHA shall
prevail & superseded other OSH laws
3) Interpretation

4) Objects of Act

PART 2 APPOINTMENT OF
OFFICERS
Minister appoint DOSH DG,DDG, Director, Deputy Director &
others
DOSH DG may appoint other person or independent
inspecting body to advise or assist him

PART 3 - NCOSH
1) Compositon
2) Power & functions
3) Appoinment of secretary
4) Commitees
5) Annual Report

PART 4 GENERAL DUTIES OF


EMPLOYER &
SELF EMPLOYED PERSONS
15 (1) employer to ensure, so far as practicable safety, health
& welfare of his workers
- Practicable having regard to the severity of hazards &
availability & suitability of technology, and the cost involved in
removing the hazards
- Which implies a balance of the degree of risk against the
inconvenience and the cost of overcoming it.

PART 4 GENERAL DUTIES OF


EMPLOYER &
SELF EMPLOYED PERSONS
15 (2) Extended responsibilities
- The provision & maintenance of
a) Plant & system of work
b) Material & material handling
c) Information, instruction, training & supervision
d) workplace, access & egress
e) Working environment

PART 4 GENERAL DUTIES OF


EMPLOYER &
SELF EMPLOYED PERSONS
15 (3) Independent contractors
Employee
- Includes an independent contractor
-Duties of an employer or self employed is extended to such
an independent contractor & employees ; subject to define
control either implied or a contractual arrangement exists

PART 4 GENERAL DUTIES OF


EMPLOYER &
SELF EMPLOYED PERSONS

16. Safety & Health Policy


- Prepare a written general statement on safety & health
- Set the organization
- Produce the necessary arrangement to achieve the safety
and health policy

PART 4 GENERAL DUTIES OF


EMPLOYER &
SELF EMPLOYED PERSONS

17. Protecting others persons


1) Conduct risk assessment to determine the risk exposed to
persons other than persons at work
2) To convey information to person other than person at work
on the risk control measures which may affect them

PART 5 GENERAL DUTIES OF


DESIGNERS, MANUFACTURERS &
SUPPLIERS

20. Plant design & construction is safe without risk when


properly used
21. Substance formulated, manufactured, imported or supplied
for use at work is safe & without risk when properly used.

PART 6 GENERAL DUTIES OF


EMPLOYEES AT WORK
24. Do not take risk & cooperate with employer. Wear PPE &
comply to OSH instructions from employer
- RM 1000.00 and/or 3 months imprisonment
25. Do not intentionally, recklessly or negligently interferes
with or misuse anything provided for OSH
- RM 20,000.00 and/or 2 years imprisonment
26. No levy shall be paid by employee for OSH
27. Not to discriminate against employee
28. Establish medical surveillance program
32. Notify DOSH of accident, dangerous occurrences,
occupational poisoning & occupational diseases

PART 8 PART 15

35. Power to prohibit use of plant or substances


37. Approval of industry codes of practices
39. Power to entry, inspection, examination, seizure etc
40 & 41. Entry into premises with/without search warrants &
power of seizure
42 & 43. Power to forceful entry & service on occupier of
signed copy of list of things seized from premises
44. Power of investigation
45. Power to examine witness
48. Improvements notice & prohibition notice

GENERAL PENALTY

OHSA REGULATIONS
Employers Safety and Health General Policy Statement
(Exception) 1995
Control of Industrial Major Accident Hazards Regulations 1996
Safety & Health Committee Regulation 1996
Classification, Packaging and Labeling of Hazardous
Chemicals Regulations 1997
Safety and Health Officers Order 1997
Prohibition of use of Substance Order 1999
Use and Standard of Exposure of Chemicals Hazardous to
Health Regulations 2000

STATISTIC OF CASES

STATISTIC OF CASES

Malaysia engineering standard


& SIRIM

WHAT IS MALAYSIA STANDARD?


The department under MOSTI (Minister of Science,
Technology and Innovation)

Officially launched on 28 August 1996 following the


incorporation of Standards and Research Institute of
Malaysia (SIRIM).
Also entrusted with the responsibilities of
accreditation.

CATEGORIES OF MALAYSIAN
STANDARDS

Specification
Testing methods
Codes of good practice /
recommendations
Terminology / glossaries / vocabulary /
symbols / nomenclature
Classification / grading

BENEFIT MALAYSIAN STANDARDS


TO SOCIETY

Consumer Protection and Public Welfare


Industrial Efficiency and Development

WHAT IS IEC?

Organization that prepares and publishes international standards for


all electrical, electronic and related technologies.
Objectives:
i. Meet the requirements of the global market efficiently
ii. Ensure primacy and maximum world-wide use of its standards and
conformity assessment systems
iii. Assess and improve the quality of products and services covered by
its standards
iv. Establish the conditions for the interoperability of complex systems
v. Increase the efficiency of industrial processes
vi. Contribute to the improvement of human health and safety
vii. Contribute to the protection of the environment.

DEVICES FOR ISOLATION AND


SWITCHING

GENERAL VIEW
Any device for isolation and switching
according to Section 462 to 465 shall
comply with the relevant requirements. If
a device is used for more than one
function, it shall comply with the
requirements for each of these functions.

DEVICE FOR ISOLATION

The devices for isolation shall effectively isolate all live supply
conductors from the circuits concerned.
The isolation distances between contacts or other means of
isolation, when in the open position shall be not less than those
specified in the following table. Device for isolation shall with the
following two conditions:
i. In the new, clean and dry condition, and when in the open position,
across the terminals of each pole.
ii. Have a leakage current across open poles not exceeding:
- 0.5 mA per pole in the new, clean and dry condition, and
- 6 mA per pole at the end of the conventional service life of the
device as determined in the relevant standard,

DEVICE FOR ISOLATION

The isolating distance between open contacts of the device shall


be visible or be clearly or be clearly and reliability indicated by
off or open marking. Such indication shall only occur when the
isolating distance between open contacts on each pole of the
device has been attained.
Semiconductor devices shall not be used as isolating devices.
Devices for isolating shall be designed and or installed so as to
prevent unintentional closure.
Provision shall be made for securing off-load isolating devices
against inadvertent and unauthorized opening.
Means of isolation shall preferably be provided by a multipole
switching device which disconnects all poles of the relevant
supply but single-pole devices situated adjacent to each other
are not excluded.
All devices used for isolation shall be clearly identified, for
example by marking,to indicate the circuit which they isolate.

IEC RULE FOR FUNCTIONAL


SWITCHING DEVICES

Functional switching devices shall be


suitable most onerous duty they may be
called upon to perform.
Functional switching devices may control
the current without necessarily opening
the corresponding.
Disconnectors fuses and links shall not
be used for functional switching

DEVICES FOR SWITCHING-OFF


FOR MECHANICAL MAINTENANCE.
Shall be inserted preferably in the main supply circuit.
Capable of cutting off the full-load current of the
relevant part of the installation
Not necessarily interrupt all live conductors
Switching-off for mechanical maintenance may be
achieved. For example, by means of:
i. Multiple switches
ii. Circuit breakers
iii. Control switches operating contractors
iv. Plugs and sockets.

shall require manual operation.


indicated by off or open marking
shall be designed and installed so as to prevent
unintentional closure.
closure might be caused for example by shocks and
vibrations
shall be placed and marked so as to be readily
identifiable and convenient for their intended use.

DEVICES FOR
EMERGENCY SWITCHING
The devices for emergency switching shall be capable
of breaking the full-load current of the relevant parts of
the installation.
Means for emergency switching may consists of:
One switching device capable of directly cutting off the
appropriate supply
A combination of equipment activated by a single
action for the purpose of cutting off the appropriate
supply.

Hand-operated switching devices for direct interruption of the main


circuit shall be selected practicable.

The means of operating:


Devices for emergency switching shall be clearly identified.
Shall be readily to access at places where a danger might occur.
For emergency switching shall be capable of latching or restrained .
The release of an emergency device shall not re-energize the
relevant part of the installation.

Devices for emergency switching, including emergency stopping,


shall be placed and marked as to be readily identifiable and
convenient for their intended use.

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