Warta Kerajaan: Seri Paduka Baginda
Warta Kerajaan: Seri Paduka Baginda
Warta Kerajaan: Seri Paduka Baginda
Warta Kerajaan
S E R I PAD U KA BAG I N DA
DITERBITKAN DENGAN KUASA
ARRANGEMENT OF REGULATIONS
PART I
PRELIMINARY
Regulation
1. Citation
2. Interpretation
3. Application
PART II
PART III
PART IV
10. Records
11. Requirement of further information
PART V
MISCELLANEOUS
Regulation
PART I
PRELIMINARY
Citation
Interpretation
“fatal injury” means injury leading to immediate death or death within one
year of the accident;
“lost-time” means lost days counted from and including the day following
the day of the accident measured in calendar days.
Application
3. (1) Subject to subsection 1(2) of the Act, these Regulations shall apply to
all places of work.
P ART II
4. For the purpose of this Part, reporting of any death, injury or condition of
a person shall not apply to a patient when undergoing treatment in a hospital
or surgery by a doctor or dentist.
Notification and reporting of accident and dangerous occurrence
5. (1) Whenever any accident arising out of or in connection with work which
caused any person either—
(a) death; or
(b) serious bodily injury, as specified in First Schedule, which prevents
the person from following his normal occupation for more than four
calendar days,
(2) Whenever any accident arising out of or in connection with work which
causes bodily injury to any person which prevents the person from following
his normal occupation for more than four calendar days, the employer shall,
within 7 days, send a report thereof in an approved form to the Department of
Occupational Safety and Health office.
7. (1) Where a person at work suffers or likely to suffer from one of the
occupational poisonings or occupational diseases specified in column 1 of Third
Schedule and the work involves one of the activities specified in the
corresponding entry in column 2 of that schedule, the employer shall, within
7 days, send a report thereof to the nearest Department of Occupational Safety
and Health office in an approved form.
P ART III
9. Where the accident or dangerous occurrence causes the death of any person
or serious bodily injury to any person or serious damage and dangerous to plant
or other property, no person shall, unless authorized to do so, remove or in any
way interfere with or disturb any plant, substance, article or thing related to
the incident except to the extent necessary to—
(a) save the life of, prevent injury to, or relieve the suffering of any
person;
(b) maintain the access of the general public to an essential service or
utility; or
(c) prevent further damage to or serious loss of property or environment.
PART IV
Records
10. (1) Every employer and self-employed person shall record and maintain a
register, in an approved form, of—
(a) all accidents and dangerous occurrences which have occurred; or
(b) all occupational poisonings or occupational diseases which have occurred
or are likely to occur,
arising out of or in connection with work under his control, whether or not the
accidents, dangerous occurrences, occupational poisonings and occupational
diseases have been reported under subregulation 5(1) or 7(1).
(2) The record shall be kept at the place where the work to which it relates
is carried on or, if this is not practicable, at the usual place of business of the
employer or self-employed person and an entry in the registry shall be kept for
at least 5 years from the date on which it was made.
(3) The employer or self-employed person, as the case may be, shall send
to the Director General before 31 January of each year, such extracts from the
registry for a period of 12 months ending on 31 December of each year.
11. The Director General may, by notice in writing served on any person who
has furnished a report under regulations 5, 6, 7 and 8, require that person to
give to the Director General such information specified in Fourth Schedule as
may be specified in the notice and within the time limit so specified.
PART V
MISCELLANEOUS
Amendment of Schedule
12. The Minister may, by order published in the Gazette, amend any Schedule
to these Regulations from time to time.
Penalty
13. Any person who contravenes any provision of these Regulations, commits
an offence and shall, on conviction, be liable to a fine not exceeding ten
thousand ringgit or to imprisonment for a term not exceeding one year or to
both.
FIRST SCHEDULE
[subregulation 5(1)]
1. Emasculation
2. Permanent privation of the sight of either eye
3. Permanent privation of the hearing of either ear
4. Privation of any member or joint
5. Destruction or permanent impairing of the powers of any member or joint
6. Permanent disfiguration of the head or face
7. Fracture or dislocation of the bone
8. Loss of consciousness from lack of oxygen
9. Loss of consciousness or acute illness from absorption, inhalation or ingestion of any
substance, which requires treatment by a registered medical practitioner
10. Any case of acute ill health where there is a reason to believe that this resulted from
occupational exposure to isolated pathogen or infected material
11. Any other work related injury or burns which results in the person injured being admitted
immediately into hospital for more than 24 hours
SECOND SCHEDULE
[subregulation 5(1)]
DANGEROUS OCCURRENCE
PART I
COLLAPSE OF SCAFFOLDING
1. A collapse or part collapse of any scaffold which is more than 5 metres high which results in
a substantial part of the scaffold falling or overturning.
3. Electrical short circuit or overloaded attended by fire or explosion which resulted in the stop-
page of the plant involved for more than 24 hours and which, might have been liable to cause serious
bodily injury to any person.
ESCAPE OF A SUBSTANCE
4. The uncontrolled release or escape of any substance or agent in circumstances which, might
be liable to cause damage to health of, or serious injury to, any person.
5. Explosion, fire or failure of structure affecting the safety or strength of any place of work or
plant contained therein.
6. Any explosion or fire occurring in any place of work due to the ignition of processed material,
their by-products or finished products which resulted in the stoppage or suspension of normal work
in that place for more than 24 hours.
7. The bursting of a revolving vessel, wheel, grindstone or grinding wheel moved by mechanical
power.
8. The bursting, explosion or collapse of a pipeline or any part thereof, or the ignition of anything
in a pipeline, or anything which immediately before it was ignited was in a pipeline.
9. The explosion, collapse, bursting or failure of structure affecting the safety or strength of any
closed vessel including a steam boiler or an unfired pressure vessel; the loss of water, the melting
of fusible plug and the bursting of a tube.
10. Fire or explosion in a warehouse or storage area where hazardous substances are stored.
LIFTING MACHINERY, ETC.
11. The collapse of, the overturning of or the failure of any load bearing part of any crane, derrick,
winch, hoist, piling frame, lift, excavator or other appliance used in raising or lowering persons
or goods, or any part thereof.
PART II
BREATHING APPARATUS
1. An incident where a breathing apparatus, or a smoke helmet or other apparatus serving the same
purpose or a self-rescuer, while being used, fails to function safely or develops a defect likely to
affect its safe working.
2. An incident, at any mine, where immediately after using and arising out of the use of a breathing
apparatus or a smoke helmet or other apparatus serving the same purpose or a self-rescuer, any
person receives first-aid or medical treatment by reason of his unfitness or suspected unfitness at
the mine.
DREDGE
ELECTRIC SHOCK
4. An incident where any person suffers electric shock or burns from any electrical circuit,
equipment or installation which requires first-aid or medical treatment at a mine.
ESCAPE OF GAS
5. Any violent outburst of gas together with coal or other solid matter into the mine workings
except when such outburst is caused intentionally.
6. The breakage of any rope, chain, coupling or other gear of a similar kind, by which persons
are carried through any shaft, staple-pit or unwalkable outlet.
7. The breakage of any rope, chain, coupling or other gear of a similar kind, used for the transport
of persons below ground or breakage of the belt of a conveyor designated as a man-riding conveyor
while man are being carried.
8. An incident where any conveyance being used for the carriage of persons is overwound, or any
conveyance not being so used is overwound and becomes detached from its winding rope, or any
conveyance operated by means of the friction of a rope on a winding sheave is brought to rest by
the apparatus provided in the headframe of the shaft or in the part of the shaft below the lowest
land for the time being in used, being apparatus provided for bringing the conveyance to rest in
the event of its being overwound.
9. The stoppage of any ventilating apparatus (other than an auxiliary fan) causing a substantial
reduction in ventilation of the mine lasting for a period exceeding 30 minutes except when for the
purpose of planned maintenance.
10. The collapse of any headframe, winding engine house, fan house or storage bunker, screen
or tippler house or vehicle gantry.
FIRE OR IGNITION OF GAS
11. The ignition, below ground, of any gas (other than gas in safety lamp) or of any dust.
12. The accidental ignition of any gas in part of a fire damp drainage system on the surface or
in an exhauster house.
14. An incident where any person in consequence of any smoke or any other indication that a
fire may have broken out below ground, has been caused to leave any mine.
15. The outbreak of any fire on the surface endangering the operation of any winding or haulage
apparatus installed at a shaft or unwalkable outlet or of any mechanically operated apparatus for
producing ventilation below ground.
16. An incident where any person suffers an injury resulting from an explosion or discharge of
any blasting material or device for which he receives first-aid or medical treatment at the mine.
18. Any inrush of water or material which flows when wet from any source.
INSECURE TIP
19. Any movement of material or any fire or any other event which indicates that a mine is or
is likely to become insecure.
LOCOMOTIVES
20. Any incident where an underground locomotive when not used for shunting or testing purposes
is brought to rest by means other than its safety circuit protective devices or normal service brakes.
PART III
1. The collapse of any load-bearing structure which carries processing plant, storage equipment,
storage bunker or access ways.
2. An incident where any person suffers an injury resulting from an explosion or discharge of any
blasting material or device for which he receives first-aid or medical treatment at the quarry.
3. An occurrence where any substance is ascertained to have been projected beyond a quarry as
a result of blasting operations in which any person is or likely to be endangered.
4. An incident where any person suffers electric shock or burns from any electrical circuit,
equipment or installation which requires first-aid or medical treatment at the quarry.
5. Any movement of material or any fire or any other event which indicates that a quarry is or
likely to become insecure.
PART IV
2. Uncontrolled falling of log during the process of loading or transporting or unloading operation.
3. Overturning of skidder or lorry or tractor or truck or any other vehicle used in transporting
of logs.
4. Breaking or snapping of log sling or other cables used during tree felling or skidding or
transporting of logs or other related operations.
6. Uncontrolled sliding of logs on steep slopes during felling, or barking or bucking or skidding
or loading or unloading operation.
PART V
2. Accidents involving any vehicles used in transporting raw materials, pesticides, farm products
or personnels.
THIRD SCHEDULE
[Regulation 7]
Column 1 Column 2
POISONING
1. Poisoning by:
(b) Alcohols, glycols, ketones or The use or handling of, or exposure to, the fumes
aldehydes or vapour of alcohols, glycols, ketones or alde-
hydes.
(c) Antimony The use or handling of, or exposure to, the fumes,
dust or vapour of antimony or a compound of
antimony or a substance containing antimony.
(d) Arsenic The use or handling of, or exposure to, the fumes,
dust or vapour of arsenic or a compound of
arsenic or a substance containing arsenic or
exposure to any solution containing arsenic or a
compound of arsenic.
Column 1 Column 2
(e) Benzene or a homologue The use or handling of, or exposure to, the fumes,
dust or vapour containing benzene or any of its
homologues and their amino and nitro derivatives.
(f) Beryllium or one of its compounds The use or handling of, or exposure to, the fumes,
dust or vapour of beryllium or a compound of
beryllium or a substance containing beryllium.
(g) Cadmium The use or handling of, or exposure to, the fumes,
dust or vapour of cadmium or a compound of
cadmium or a substance containing cadmium.
(h) Carbon disulphide The use or handling of, or exposure to, the fumes,
dust or vapour of carbon disulphide or a
compound of carbon disulphide or a substance
containing carbon disulphide.
(i) Carbon monoxide gas The use or handling of, or exposure to, carbon
monoxide gas, and any process involving the use
of—
(a) dynamite and gunpowder for blasting in
subterranean galleries;
(b) illuminating gas;
(c) power or producer gas;
(d) blast furnaces, furnaces and stoves for
the burning of charcoal coke and other
fuel;
(e) gas engines.
(k) Chromium The use or handling of, or exposure to, the fumes,
dust or vapour of chromium or a compound
of chromium or a substance containing chromium.
(l) Diethylene dioxide (dioxane) The use or handling of, or exposure to, the fumes
of, or vapour containing diethylene dioxide.
(n) Fluorine The use or handling of, or exposure to, the fumes,
dust or vapour of fluorine or a compound of fluo-
rine or a substance containing fluorine.
(o) Hydrogen cyanide or hydrogen The use or handling of, or exposure to, the fumes
sulphide gas or vapour of hydrogen cyanide or hydrogen
sulphide.
Column 1 Column 2
(p) Lead or compound of lead The use or handling of, or exposure to, the fumes,
dust or vapour of lead or a compound of lead or
a substance containing lead.
(q) Manganese or its compounds The use or handling of, or exposure to, the fumes,
dust or vapour of manganese or a compound of
manganese or a substance containing manganese.
(r) Mercury or one of its compound The use or handling of, or exposure to, the fumes,
dust or vapour of mercury or a compound of mercury
or a substance containing mercury.
(u) Nickel The use or handling of, or exposure to, the fumes,
dust or vapour of nickel or a compound of nickel
or a substance containing nickel.
(x) Phosphorus The use or handling of, or exposure to, the fumes,
dust or vapour of phosphorus or a compound of
phosphorus or a substance containing phosphorus.
INFECTIONS
SKIN DISEASES
10. (a) Ulceration of the corneal Any occupation involving the use or handling
surface of the eye of, or exposure to, tar, pitch, padi husk, bitumen,
mineral oil (including paraffin), soot, organic dust
or any residue of any of these substances.
19. Skin disease caused by Rengas The manipulation of Rengas wood or any
wood process in or incidental to the manufacture of
articles therefrom.
LUNG DISEASES
20. Lung cancer or mesothelioma Any occupation involving the mining, processing
caused by asbestos or handling of materials containing asbestos.
23. Occupational asthma caused by Any occupation involving the exposure to the
sensitising agents or irritants inhalation of mineral dusts such as cement, copper,
zinc, animal dusts, such as bone or hair, or dusts
of plant origin such as cotton, wood, flax, jute,
padi husks, cork, spices, hemp, sisal, tobacco, tea,
flour, or gases or vapours of toluene diisocyanate
or formaldehyde or any other agent that can cause
asthma.
25. Extrinsic alveolitis (farmer’s lung) Exposure to moulds, including fungal spores or
heterologous proteins during work in—
(a) agriculture, horticulture, forestry, cultivation
of edible fungi or malt-working;
(b) loading or unloading or handling in
storage mouldy vegetable matter or edible
fungi;
(c) caring for or handling birds;
(d) handling bagasse; or
(e) the use or handling of, or exposure to, padi
husk or dust or a substance containing padi
husk.
28. Fibrotic diseases Any occupation involving lung, the use or handling
of, or exposure to, the fumes, dust or vapour of
coal or a substance containing coal.
OTHER CONDITIONS
(a) 4-aminobiphenyl the use or handling of, or exposure to, the fumes,
dust or vapour of 4-aminobiphenyl or a substance
containing 4-aminobiphenyl;
(b) Arsenic the use or handling of, or exposure to, the fumes
dust or vapour of arsenic or a substance containing
arsenic;
(c) Benzene the use or handling of, or exposure to, the fumes,
dust or vapour of benzene or a substance
containing benzene;
(d) Benzidine the use or handling of, or exposure to, the fumes,
dust or vapour of benzidine or a substance
containing benzidine;
(e) Bis-chloro methyl ether the use or handling of, or exposure to, the fumes,
dust or vapour of bis-chloro methyl ether or a
substance containing bis-chloro methyl ether;
(f) Chromium the use or handling of, or exposure to, the fumes,
dust or vapour of chromium or a substance
containing chromium;
(g) Haematite the use or handling of, or exposure to, the fumes,
dust or vapour of haematite or a substance containing
haematite;
(h) Mustard gas the use or handling of, or exposure to, mustard
gas or a substance containing mustard gas;
(i) β-naphthylamine the use or handling of, or exposure to, the fumes,
dust or vapour of β-naphthylamine or a substance
containing β-naphthylamine;
(j) Nickel the use or handling of, or exposure to, the fumes,
dust or vapour of nickel or a substance containing
nickel;
(k) Soots, tars and oils the use or handling of, or exposure to, soots, tars
and oils;
(l) Vinyl chloride the use or handling of, or exposure to, the fumes,
dust or vapour of vinyl chloride or a substance
containing vinyl chloride;
Column 1 Column 2
(m) Particulate polycyclic the use or handling of, or exposure to, the
aromatic hydrocarbon fumes, dust or vapour of polycyclic aromatic
hydrocarbon or a substance containing
polycyclic aromatic hydrocarbon;
(n) Acrylonitrile the use or handling of, or exposure to, the fumes,
dust or vapour of acrylonitrile or a substance
containing acrylonitrile;
(o) 1,2-dibromoethane the use or handling of, or exposure to, the fumes,
(ethylene dibromide) dust or vapour of ethylene dibromide or a
substance containing ethylene dibromide;
(p) Wood dust the use or handling of, or exposure to, wood
dust arising from the manufacture of wood
products;
(q) Benz-o-pyrene the use or handling of, or exposure to, the fumes,
dust or vapour of benz-o-pyrene or a substance
containing benz-o-pyrene;
(r) Formaldehyde the use or handling of, or exposure to, the gas
of formaldehyde.
31. Heat cramp or heat stroke Any occupation involving excessive exposure to
heat.
33. Cramp of the hand or forearm due Any occupation involving prolonged periods
to repetitive movements of hand writing, typing or other repetitive
movements of the fingers, hand or arm.
35. Hearing impairment caused by noise Any occupation involving excessive exposure
to industrial noise of high sound pressure level
in excess of 85 decibels over 8-hour period.
2. Further details about the nature and/or design of any plant involved in the reported incident.
3. Safety systems and procedures for the control of the plant or substance involved in the reported
incident.
4. Qualification, experience and training of staff, consultants or advisers having use or control
of any plant or substance or concerned with safety systems or procedures.
6. Arrangements for the protection of personnel from any plant or substance connected with the
reported incident.
7. Details of any examination of, or test carried out on, any plant or installation involved in the
reported incident.
8. Any available information about levels of exposure of persons at the work place to airborne
substances.
Hakcipta Pencetak H
PERCETAKAN NASIONAL MALAYSIA BERHAD
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PERCETAKAN NASIONAL MALAYSIA BERHAD,
CAWANGAN KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA