Regulatory Requirements On Scaffolding Under CIDB Act (Amendment 2011)

Regulatory Requirements
on Scaffolding Under CIDB

Act (amendment 2011)
THE ROYALE CHULAN

HOTEL, KUALA LUMPUR
1 March 2016
1
CONTENT
 Introduction
 Fundamentals in Regulating Mandatory Standard
 Relevant Provisions Under CIDB Act
 Certification Framework
 Enforcement Approach
 Benefits of Regulating Scaffolding
 Summary
2
INTRODUCTION
• CIDB Act (520) which was introduced in

1994 was amended in 2011.
• One of the additional provisions under the
amended act is to regulate the
construction materials
• On 26th May 2015, the YB MOW has
approved the effective date on the
implementation of the act is 1 June 2015
3
INTRODUCTION
• However regulating material is not new to CIDB because
we had been regulating imported material under
CUSTOM Act since 2003/2004
Steel Frame Scaffolding
5,000.00
4,000.00
3,000.00
tonne
2,000.00 Quantities
1,000.00
0.00
2010 2011 2012 2013 2014 2015
Year
HS Code Year Quantity (tonne)
2010 9.70
7308401000,
2011 365.26
2012 799.51
7308409000
2013 1,790.94
2014 812.43
2015 4,860.49
4
FUNDAMENTALS IN REGULATING MANDATORY
STANDARDS
 Standards originally are meant for voluntarily usage

 Good practices
 Min. specification for quality product/material
 But over the years due to national interest, the

growing of public concerned on product safety and
issues on borderless /free flow of trade have
resulted some of the standards have been made
mandatory
 Mandatory standard simply means the industry is

compelled to comply to the standard failing which
will be subjected to legal action
5
FUNDAMENTALS IN REGULATING MANDATORY
STANDARDS
SD – Standard Developer : Jabatan

Standard Malaysia (JSM)
SDA – Standard Development Agency :
SIRIM Bhd, MTIB, LGM
RB – Regulatory Body : CIDB
AB – Accreditation Body : JSM
CAB – Conformity Assessment Body
6
Fundamentals in Regulating Mandatory Standards
 CB – Certification Body accredited by AB

based on ISO 17065 - PC
IB – Inspection Body accredited by AB
based on ISO 17020 - IR
AL – Accredited Lab accredited by AB
based on ISO 17025, SAMM logo - FTTR
PC – Product Certificate
PPS – Perakuan Pematuhan Standard
7
RELEVANT PROVISIONS UNDER CIDB ACT
• Section 2. (1) – Interpretation:
• ‘construction material’ means any type, size and nature of

material, initial, temporary, intermediate or finished, whether
manufactured locally or imported used for the construction
industry.
• ‘construction industry’ means the industry related to

construction works, including
design, manufacturing, technology, material and
workmanship and services for purposes of construction
8
• Section 33C(1) : ‘The Lembaga shall, in the manner

determined by the Lembaga, certify the construction
materials used in the construction industry and specified in
the Fourth Schedule in accordance with the standard
specified in the Schedule.’ – certification clause
• Section 33C(4) : ‘The Lembaga may, for the purpose of

certification under subsection (1), impose any condition as it
thinks fit. – procedural clause
……inline with principles of GRP, all procedures will be

developed through stakeholders engagement.
9
FOURTH SCHEDULE
[Subsection 33c(1)]
STANDARDS FOR CERTIFICATION OF CONSTRUCTION MATERIAL
No Type Of Construction Material Standard
11 Steel Frame Scaffolding MS 1462
12 Cold reduced mild steel wire for MS 144

reinforcement of concrete
13 Steel welded fabric for reinforcement MS 145

of concrete
14 Hot rolled steel bars for MS 146

reinforcement of concrete
15 Hot rolled non alloy structural steel MS 1490

sections
16 Steel wire ropes for lifts MS ISO 4344
10
• Section 33D(1) : ‘A person shall not deal or undertake to

deal, whether directly or indirectly, with the construction
materials specified in the Fourth Schedule unless the
construction materials have been certified by CIDB.’ –
prohibitive clause
Section 2. (1), ‘deal’ means to
handle, use, manufacture, supply, market, transfer, sell or buy, whether
wholesale or retail, import or export
• Section 33D(2) : Any person who deal or undertake to deal

with the construction materials specified in the Fourth
Schedule without the certification of the Lembaga shall be
guilty of an offence and shall, on conviction, be liable to a
fine of not less than RM10,000 but not more than RM500,000.’
– penalty clause
11
• Section 33E(1) : ‘Where any construction

material which is not certified in
accordance with this Act is dealt with or
is undertaken to be dealt with or will be
dealt with by any person, the Lembaga
may, by notice in the prescribed
form, serve on such person requiring him
to abstain from commencing or
proceeding with, engaging in or being
involved in or undertaking to be engaged
or involved in, dealing with the non-
certified construction material’. –
notification clause to stop using the
material
12
WHAT DOES THAT IMPLIES ????.....

 CIDB is now a RB for enforcing the identified mandatory
standards
 The manufacturer will be held responsible for quality of their
products
 Using the materials during construction not certified by CIDB
is considered a legitimate offence under the amended CIDB
act which liable to be compounded or fined
Compare to the current scenario…..

Using materials not accordance to the technical
specifications is considered breaching the contractual
requirements whereby the product will be rejected.
13
CERTIFICATION FRAMEWORK
Mandated the manufacturers to test their
materials according to the respective
mandatory standards by the accredited
CABs (third party) – MS 1462: 2012
CABs will undertake sampling, factory

auditing and testing of materials
AB (JSM) regulates CABs through its

accreditation program
14
CERTIFICATION FRAMEWORK
Using the CB’s PC then the manufacturers

will apply Certificate of Standard
Compliance (PPS) from CIDB
CIDB will register the materials
…..please note that CIDB being the RB will NOT be involved in

taking samples and perform material testing. CIDB accepts
testing reports from accredited CABs.
15
ENFORCEMENT APPROACH
CIDB will look for evidences of PPS
Periodic site visits

Inspection/verification of materials at
factories
Verification of materials at port
Inspection at premises (marketing outlet or
storage area)
….therefore ensure the products have PPS 16

RECOMMENDED ROLES OF STAKEHOLDERS
Client – incorporate in contractual

requirements
Consultant – align design features and
technical specification with MS
1462
Contractor – ensure use scaffolds with PPS
Supplier – ensure scaffolds from registered
manufacturer
17
Manufacturer – apply PPS from CIDB
Importer - ensure that to obtain the test result prior

to handling of scaffolds for shipment. No
samples are allow at ports.
….holistic approach moving towards self-regulation
18
 CIDB is in the midst of the development of

Construction Industry Standard (CIS), Scaffolding:
Guidelines for Safe Use of Scaffolding in
Construction
 Expected to be released for public comment

somewhere in June 2016.
 The industry should participate in the giving their

comments in that document
19
Benefits of Regulating Scaffolding
 Safeguard the workers– avoid failure due to

substandard or under specification material
 Protect the country from becoming dumping ground of
sub standard scaffolds
 Establish equal level of playing fields – promote
standardization, i.e. manufactured based on MS 1462.
 Healthy competition based on productivity, efficiency
and cost effectiveness – good for customer
20
21
Perakuan Pemantuhan Standard (PPS) CIDB
bagi produk & bahan binaan tempatan.
22
FULL TYPE
TEST REPORT
The test results for the submitted test

samples described in this test report
complied with the requirements of the
above reference standard except for
Chemical Composition of Hot
Dipped Galvanize Scaffolding Tube
and Performance Requirement for
Beam Clamp.
23
FOR ANY ENQUIRY
Address Tingkat 35, No 45, Menara Dato’ Onn, Pusat Dagangan

Dunia Putra (PWTC)
Jalan Tun Ismail, 50480 Kuala Lumpur
Tel. No. 03- 4047 7435 (En. Rosmen Ag Hassan) / rosmen@cidb.gov.my
03-4047 7447 (Pn. Nor Hamiza Zahar) / hamiza@cidb.gov.my
03-4047 7438 (Cik Rashimah Adenan) / rashimah@cidb.gov.my
03-4047 7448 (Pn Rohana Abd Manan) / rohana@cidb.gov.my
03-4047 7443 (En.Muhamad Norsani Katab) / norsani@cidb.gov.my
Fax No. 03-40477420

E-mail qpass@cidb.gov.my
24
For more info :
www.cidb.gov.my
Go to ‘Public’ Go to ‘Material’
Go to ‘Certification of Standard Go to ‘Local Products’

25
Compliance’ 25
SUMMARY
 What?...scaffolds comply to mandatory standard MS

1462:2012
 Why?....to meet the regulatory requirement under CIDB

Act
 When?... 1 December 2015
 Where?...onsite and offsite
 Who?...key stakeholders in the construction value

chain
26
SUMMARY
 How?...the manufacturers need to apply PPS from

CIDB. Getting their products certified by CABs
 Does it affect imported scaffolds?....Yes
27
THANK YOU
28

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Regulatory Requirements

on Scaffolding Under CIDB

THE ROYALE CHULAN

• CIDB Act (520) which was introduced in

 Standards originally are meant for voluntarily usage

 But over the years due to national interest, the

 Mandatory standard simply means the industry is

SD – Standard Developer : Jabatan

 CB – Certification Body accredited by AB

• Section 2. (1) – Interpretation:

• ‘construction material’ means any type, size and nature of

• ‘construction industry’ means the industry related to

• Section 33C(1) : ‘The Lembaga shall, in the manner

• Section 33C(4) : ‘The Lembaga may, for the purpose of

……inline with principles of GRP, all procedures will be

No Type Of Construction Material Standard

11 Steel Frame Scaffolding MS 1462

12 Cold reduced mild steel wire for MS 144

13 Steel welded fabric for reinforcement MS 145

14 Hot rolled steel bars for MS 146

15 Hot rolled non alloy structural steel MS 1490

16 Steel wire ropes for lifts MS ISO 4344

• Section 33D(1) : ‘A person shall not deal or undertake to

• Section 33D(2) : Any person who deal or undertake to deal

• Section 33E(1) : ‘Where any construction

WHAT DOES THAT IMPLIES ????.....

Compare to the current scenario…..

CABs will undertake sampling, factory

AB (JSM) regulates CABs through its

Using the CB’s PC then the manufacturers

CIDB will register the materials

…..please note that CIDB being the RB will NOT be involved in

Periodic site visits

….therefore ensure the products have PPS 16

RECOMMENDED ROLES OF STAKEHOLDERS

Client – incorporate in contractual

RECOMMENDED ROLES OF STAKEHOLDERS

Manufacturer – apply PPS from CIDB

Importer - ensure that to obtain the test result prior

….holistic approach moving towards self-regulation

 CIDB is in the midst of the development of

 Expected to be released for public comment

 The industry should participate in the giving their

 Safeguard the workers– avoid failure due to

The test results for the submitted test

Address Tingkat 35, No 45, Menara Dato’ Onn, Pusat Dagangan

Tel. No. 03- 4047 7435 (En. Rosmen Ag Hassan) / rosmen@cidb.gov.my

03-4047 7447 (Pn. Nor Hamiza Zahar) / hamiza@cidb.gov.my

03-4047 7438 (Cik Rashimah Adenan) / rashimah@cidb.gov.my

03-4047 7448 (Pn Rohana Abd Manan) / rohana@cidb.gov.my

03-4047 7443 (En.Muhamad Norsani Katab) / norsani@cidb.gov.my

Fax No. 03-40477420

Go to ‘Certification of Standard Go to ‘Local Products’

 What?...scaffolds comply to mandatory standard MS

 Why?....to meet the regulatory requirement under CIDB

 When?... 1 December 2015

 Where?...onsite and offsite

 Who?...key stakeholders in the construction value