Professional Documents
Culture Documents
ACTS
&
ENGINEERING STANDARDS
OUTLINE
INTRODUCTION
SOURCES OF LAW OF
MALAYSIA;
1. The Federal Constitution.
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)
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
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 IV CANCELLATION,
REMOVAL AND REINSTATEMENT
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.
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 IV CODE OF
PROFESSIONAL CONDUCT.
23.
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.
39. Revocation
SCHEDULE
Form A
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)
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
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 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 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.
CONTENT
WHAT IS OHSA?
OBJECTIVE
SCOPE
APPLICATION
STRUCTURE OF ACT
GENERAL PENALTY
OSHA REGULATIONS
STATISTIC CASES
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 8 PART 15
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
CATEGORIES OF MALAYSIAN
STANDARDS
Specification
Testing methods
Codes of good practice /
recommendations
Terminology / glossaries / vocabulary /
symbols / nomenclature
Classification / grading
WHAT IS IEC?
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.
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,
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.