6.0 SAFETY AND HEALTH ORGANIZATIONS
6.1 Safety and Health Policy
Every employer shall prepare and as often as may be appropriate revise
a written statement of his general policy with respect to the safety and
health at work of his employees and the organization and arrangements
for carrying out that policy, and to bring the statement and any revision of
it to the notice of all of his employees. (Section 16, Occupational Safety
and Health Act 1994)

6.2 Safety and Health Committee
The main contractor of a worksite in which forty or more persons are for
the time being employed (whether by him or by other contractors employed
by him or the client) shall establish a safety and health committee (on
which both employees and management are represented) for the purpose
of keeping under review conditions in the worksite which may effect the
safety and health of the persons employed therein or the public. (Section
30, Occupational Safety and Health Act 1994, Occupational Safety and
Health (Safety And Health Committee) Regulations 1997)

6.3 Occupational Safety and Health Management System
Every employer should established, implement and maintain an occupational
safety and health management system and shall be in accordance with
the requirement of the relevant Malaysian Standard or with any other
equivalent Occupational Safety and Health Management System approved
by Director General.

6.4 Safety And Health Officer
Every contractor of any building operation and works of engineering
construction when the total contract price of the project exceeds twenty
million ringgit Malaysia, they shall employ a safety and health officer.
(Section 29, Occupational Safety and Health Act 1994, Occupational Safety
and Health (Safety And Health Officer) Order 1997)

6.5 Site Safety Supervisor
The main contractor of a worksite shall appoint a part time site safety
supervisor who should spend at least fifteen hours per week exclusively
on safety supervision and on promoting the safe conduct of work generally
within the site. (Reg. 25, Building Operations And Works Of Engineering
Construction (Safety) Regulations, 1986)

6.6 Contractor Safety Supervisor
Every contractor other than the main contractor in charge of worksite who
employs more than twenty persons to carry out work on a worksite shall
appoint a part time contractor’s safety supervisor, who should spend at least
five hours per week exclusively on safety supervision and on promoting
the safe conduct of work generally by his employees. (Reg. 26, Building
Operations And Works Of Engineering Construction (Safety) Regulations,
1986)

7.0 GENERAL DUTIES OF EMPLOYERS

7.1Every developer, main contractor, contractor and sub-contractor shall have a
written statement of his general policy with respect to the safety and health
at work of his employees and other persons who are not his employees,
who may be exposed to risks to their safety and health. (Section 16,
Occupational Safety and Health Act 1994)

7.2 Every main contractor, contractor and sub-contractor shall develop a safety
and health manual that has provision for safe guarding the safety and
health of the public and his employees. (Section 15(2)(a), Occupational
Safety and Health Act 1994)

7.3 Every main contractor, contractor, and sub-contractor shall make an
arrangement during operation, handling, transport, storage of plant and
substance, to ensure the safety and health to the employees and public.
(Section 15(2)(b), Occupational Safety and Health Act 1994)

7.4 Every developer, main contractor, contractor and sub-contractor shall ensure
that all workers are properly informed of the hazards of their respective
occupations and the precautions necessary and adequately supervise to
avoid accidents, injuries and risk to health, and in particular that young
workers, newly engaged workers, illiterate and foreign workers. (Section
15(2)(c), Occupational Safety and Health Act 1994)

7.5 Every developer, main contractor, contractor and sub-contractor shall provide
sufficient allocation for ensuring that provisions to ensure the public and
his employees safety and health are implemented and maintained.

7.6 Every owner, developer, main contractor, contractor and, sub-contractor shall
take adequate steps to develop and promote safety and health programs to
ensure not only the safety and health of his employees but also members
of the public.

8.0 GENERAL DUTIES OF ARCHITECTS, ENGINEERS AND DESIGNERS

8.1 At the planning stage of any proposed building or civil engineering works,
specific consideration should be given, by those responsible for the design
and the construction, to the safety of the workers and the public who will
subsequently be affected by the plant associated with the process of the
erection of such structures.

8.2 Architects, engineers and other professional persons, not to include anything
in the design that would necessitate the use of unwarrantably dangerous
structural procedures and undue hazards, which could be avoided by design
modifications, should exercise care.

8.3 Architects, engineers and other professional persons should exercise with
care not to include anything in the design that would necessitate the use
of unsafe construction procedures and create undue hazards. These should
be avoided by means of design modifications where necessary.

8.4 It is also of the greatest importance that engineers should take into account
the safety problems associated with the subsequent maintenance of plant
where this would involve hazards.

8.5 Safety and health facilities should be included in the design for such work
to be performed with the minimum of risk.

8.6 Measures should be taken to ensure that all the necessary safety and
health program are efficiently implemented and properly maintained.

9.0 HAZARD IDENTIFICATION, RISK ASSESSMENT AND DE TERMING CONTROL
(HIRADC)

9.1 When planning method of work, a suitable and sufficient assessment should
be carried out and recorded. Method, materials, and equipment should be
selected to remove or minimize risk from work. Employers are responsible
to carry out the risk assessment.

9.2 The principles of risk assessment listed below should be adhered to when
determining methods and sequences of work:
(a) identification of the hazards involved with the proposed work;
(b) assessment of the risk (likelihood and severity) of any potential harm
arising;
(c) removal of risks, possibly by changing the proposed methods or
processes;
(d) control of remaining risks;
(e) review, and if appropriate, update.

3.0 LEGAL PROVISION

Subjected to section 17(1) under Occupational Safety And Health Act 1994,
it shall be the duty of employer and every self-employed person to conduct
his undertaking in such a manner as to ensure, so far as is practicable, that
he and the other persons, not being his employees, who may be affected
thereby are not thereby exposed to risks to their safety or health.
Subjected to section 17(2) under Occupational Safety And Health Act 1994,
it shall be the duty of employer and every self-employed person, in the
prescribed circumstances and in the prescribed manner, to give to persons,
not being his employees, who may be affected by the manner in which
he conducts his undertaking, the prescribed information on such aspects
of the manner in which he conducts his undertaking as might affect their
safety or health.

4.0 NOTIFICATION OF AN OPERATION

4.1 Subjected to Section 35 under Factories And Machinery Act 1967, every
person who undertakes any building operations or works of engineering
construction shall notify to Department of Occupational Safety and Health not
later than seven days from the commencement of construction activities.

4.2 The notification is exempted to the construction activities that can be
completed in a period less than six (6) weeks and does not involve the
use of machinery.

5.0 NOTIFICATION AND REPORTING OF AN ACCIDENT AND DANGEROUS
OCCURRENCE
5.1 Section 32 under Occupational Safety and Health Act 1994, an employer
shall notify the nearest Department of Occupational Safety and Health
office of any accident, dangerous occurrence, occupational poisoning or
occupational disease which has occurred or is likely to occur at the place
of work.

5.2 Method of notification and reporting an accident shall comply with Occupational
Safety and Health (Notification of Accident, Dangerous Occurrence,
Occupational Poisoning And Occupational Disease) Regulation 2004.

SHE GUIDELINE FOR CONSTRUCTION

1.0 INTRODUCTION
The building operations and works of engineering construction industries in
Malaysia have made tremendous progress in recent years and the increase in
their activities have affected the general public’s safety and health. Construction
sites create a risk not only for the construction worker, but also for the public who
move around the site or who may live adjoins them. Examples of the hazards
created are:-
l Changes to the surface level;
l Excavations, holes and trenches;
l Falling material and debris;
l Plant and equipment;
l Dust, vapours or other hazardous substances;
l Noise;
l Vibration; and
l Movement of vehicular traffic
The general public must be protected from the hazards associated with construction
work that may be carried out in a public area or adjacent to such area.
The Department of Occupational Safety and Health (DOSH) and other government
agencies have regulations that lay down the legal requirements to ensure the
safety and health of not only the workers at the place of work but also the public
as well. This guideline applies to all place of work in building operation and work
of engineering construction activity in Malaysia covered by the Occupational
Safety And Health Act 1994 (Act 514), the Factories And Machinery Act 1967
(Act 139), and all the regulations made there under. It is designed to serve as a
handy reference and to be read together with the above mentioned legislation
and other industry codes of practice.
In this document, the terms “shall” and “should” are used. “Shall” is used in
places where there is a statutory and technical requirement to achieve the desired
result. “Should” is used as a way of indicating a preference. It does not indicate a
mandatory requirement as other alternatives may achieve an equivalent result.

2.0 DEFINITIONS
2.0 Employer means immediate employer or the principal employer or both.
(Section 3, Occupational Safety and Health Act 1994)

2.1 Developer means any person, body of persons, company, firm or society
who or which engages in or carries on or undertakes the business of
developing or providing monies for development or purchasing or partly
developing and providing monies for purchasing buildings. (Section 3, Street,
Drainage, And Building Act 1974 (Act 133))

2.2 Contractor means a person who has entered into a contract for the purpose
of carrying out any building operations or work of engineering construction and includes a main contractor or subcontractor. (Regulation 2, Building
Operations And Works Of Engineering Construction) (Safety) Regulations,
1986);

2.3 Main contractor means a person who has entered into a contract with an
owner or lessee of a property or his agent for the purpose of carrying out
any building operations or work of engineering construction. (Regulation
2, Building Operations And Works Of Engineering Construction (Safety)
Regulations, 1986);

2.4 Safety and Health Officer means a person who registered under provision
of regulation 6(1), Occupational Safety and Health (Safety and Health
Officer) Regulations 1997;

2.5 Designated Person means a competent person appointed by an employer
to carry out any supervision or inspection or to perform any tasks or duty
prescribed by Building Operations And Works Of Engineering Construction
(Safety) Regulations, 1986;
2.6 Contractor Safety Supervisor means a contractor’s safety supervisor
appointed under regulations 26, Building Operations And Works Of Engineering
Construction (Safety) Regulations, 1986;

2.7 Site Safety Supervisor means a site safety supervisor appointed under
regulations 25, Building Operations And Works Of Engineering Construction
(Safety) Regulations, 1986;

2.8 Professional Engineer means a “registered Professional Engineer” as defined
by section 2 of the Registration of Engineers Act 2002 (Amendment).