RELEVANT OSHA LEGISLATION & REGULATION The Occupational Safety and Health Act (OSHA) 1994 is an Act which

provides the legislative structure to protected the safety, health and welfare among all Malaysia workers and to protect others against risks to safety or health in connection with the activities of persons at work. The objectives of this Act are: 1. To secure the safety, health and welfare of persons at work against risks to safety or health arising out of the activities of persons at work. 2. To protect person at a place of work other than persons at work against risks to safety or health arising out of the activities of persons at work. 3. To promote an occupational environment for persons at work that is adapted to their physiological and psychological needs. 4. To provide the means whereby the associated occupational safety and health legislation may be progressively replaced by a system of regulations and approved industry codes of practice operating in combination with the provisions of this Act designed to maintain or improve the standards of safety and health. There are seven regulations enforced by Department of Occupational Safety and Health (DOSH) under OSHA 1994 which are Employers Safety and Health General Policy Statements (Exception) Regulations 1995 (ESHGPS), Control of Industrial Major Accident Hazards Regulations 1996 (CIMAH), Classification, Packaging and Labelling of Hazardous Chemicals Regulations 1997 (CPL), Safety and Health Committee Regulations 1996 (SHC), Safety and Health Officer Regulations 1997 (SHO), Use and Standards of Exposure of Chemicals Hazardous to Health Regulations 2000 (USECHH) and Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease Regulations 2004 (NADOOPOD). These acts and regulations are applicable to all industrial activities including the PAN plant. CIMAH 1996 is one of the important regulations that should be implementing in the PAN plant. This is because PAN is one of the hazardous and flammable substances. The objectives of CIMAH regulations are to prevent major accident and to limit the consequences to people and environment. According to CIMAH 1996, these Regulations should be apply to all industrial activities except a nuclear installation, an installation under the armed forces, a vehicle or vessel transporting hazardous substance to or from the site of an industrial activity

and an industrial activity where quantity of hazardous substance equal or less than 10% of threshold quantity of hazardous substance. Other than that, USECHH 2000 also should be implementing in PAN plant because there are some hazardous material involved in this plant. The purpose of USECHH is to prevent the occurrence of occupational diseases, poisoning or adverse health effect to worker. Under USECHH, the employers need to make sure the employees are applying personal protective equipment during handling the hazardous chemical. Besides, the employers also should make sure employees follow the ceiling time every time they are exposing to hazardous chemical. Ceiling time is the maximum time for employee exposed to hazardous chemical based on chemical type. This regulations shall apply to all places of work which are within the jurisdiction of the Act where chemicals hazardous to health are used except chemicals which are defined as radioactive materials under the Atomic Energy Licensing Act 1984, foodstuffs, hazardous to health solely by virtue of their explosive or flammable properties, or solely because they are at a high or low temperature or a high pressure and pharmaceutical products. NADOOPOD also should be implementing because this regulation must be applied in all places of work. Under NADOOPOD, nothing in these Regulations shall prejudice any requirement imposed by or under any other written law relating to reporting of accident, dangerous occurrence, occupational poisoning or occupational disease. Notification and reporting of accident and dangerous occurrence should apply whenever any accident arising out of or in connection with work which caused any person either death or serious bodily injury, which prevents the person from following his normal occupation for more than four calendar day or where a dangerous occurrence takes place in any place of work. Environmental Quality Act 1984 also one of the legislation that should be apply. The main purpose of the act is to prevent, abate and control pollution and thus improve the environment. The EQA employs a regulatory framework upon issuing of licenses and the prescription of premises to be maintained. Based to this act, industrial activities are required to consist the following approvals from the Director General (DG) of Environmental Quality: 1. EIA reports : for prescribed activities 2. Site suitability evaluation : for non-prescribed activities 3. Written permission to construct 4. Witten approval for installation of incinerator, fuel burning equipment and chimney

5. License to use and occupy : for prescribed premises The DG of Environmental Quality has the power to direct the owner to control the emission of environmentally hazardous substances, pollutants or waste by install, operate, repair, and replace control equipment; upright or enlarge height of chimney, determine or sample pollutants; carry out study of environmental risk; set up, maintain and operate monitoring programmed; assume measures to decrease or eliminate pollution.