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ASSIGNMENT COVER

HHAHA

HAMBRA EDU SERVICES

STUDENT’S NAME : FAIZUL HADI BIN HUSSIN

I/C NO / MATRIX NO. : 791102-06-5301/HMKP17237

PROGRAMME : EXECUTIVE MASTER IN SAFETY HEALTH &


ENVIRONMENT

CLASS DATE : 17TH MARCH 2018 & 18TH MARCH 2018

INTAKE DATE : BATCH 2017

MODULE : OSH LEGISLATION

TRAINER’S NAME : MR MAHAYUDIN BIN ABDULLAH

CENTRE : SHAH ALAM

OVERALL MARK
(Fill up by Trainer)

INDICATOR MARK

EFFORT ( 20% )
PRESENTATION (20% )
CONTENT ( 60% )
TOTAL ( 100% )
CONTENTS
1.0 INTRODUCTION .......................................................................................................................... 1
1.1 Innovation ...................................................................................................................................... 1 - 2
2.0 FINDINGS ....................................................................................................................................... 2 – 3
3.0 HARTALEGA LEGAL OSH DOCUMENTS ................................................................................... 4
HARTALEGA GROUP LEGAL REGISTER .................................................................................... 5 – 29
4.0 CONCLUSION ................................................................................................................................ 30

5.0 REFERENCES ................................................................................................................................. 31

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791102-06-5301/HMKP17237
1.0 INTRODUCTION

Hartalega was the inventor of the world’s first lightweight Nitrile glove in 2002, which
caused a demand shift from latex to nitrile gloves all over the globe. Needless to say, we are now
the largest producer of nitrile gloves in the world, capable of manufacturing 22 billion gloves a
year and will progressively expand to 42 billion gloves in 2020.

Yet all this would not have been possible without our deep-rooted commitment towards
innovation, which has incepted advanced, proprietary manufacturing technologies that is
unrivalled to this day.

Hartalega’s continued technological innovations help ensure our gloves are manufactured
with equal emphasis on efficiency and quality; a key reason why we are trusted as the OEM
manufacturer for some of the world’s biggest brands.

Our workforce of 5,500 people across 7 dedicated manufacturing facilities has also done
us proud. Hartalega has gone on to win many prestigious accolades, including recognitions from
Forbes Asia, KPMG and Asia Money.

As we expand globally, Hartalega will continue to be coveted as the preferred choice in


gloves.

1.1 Innovation

Innovation forms the foundation to Hartalega's global success. Our history of


invention, and development of new products, have prompted significant industry
advancements, on a global scale. Today we continuously work to create future industry
milestones, and spearhead the market with our constantly evolving technology.

Hartalega's invention of Nitrile gloves in 2002, revolutionised the marketplace,


prompting waves of new demand, worldwide. This demonstrable innovativeness has
established our reputation for breaking new ground, and heading technological
advancements. We develop our innovative culture further with the use of renewable
energy sources, and future plans to use ever-increasing environmentally-friendly
materials.

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Figure 1: Production of hand glove at its factory

2.0 FINDINGS
Evaluation of Compliances (EOC) related to Occupational Safety & Health
Legislation in Malaysia already being conducted for HARTALEGA in November 2013 and
3rd revision has been completed on January 2017. The list below are the list of occupational
safety, health and environment legislation that related to nature business of HARTALEGA:

1. Occupational Safety and Health Act 1994.


2. Factories and Machinery Act 1967.
3. Occupational Safety and Health (Safety and Health Committee) Regulations
1996.
4. Occupational Safety and Health (Notification of Accident, Dangerous
Occurrence, Occupational Poisoning and Occupational Disease) Regulations
2004.
5. Occupational Safety and Health (Use and standards of Exposure of Chemicals
Hazardous to Health) Regulations 2000.
6. Occupational Safety and Health (Classification, Packaging and Labelling of
Hazardous Chemicals) Regulations 2013.

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791102-06-5301/HMKP17237 2
7. Environmental Quality (Schedules Waste) Regulations 2005.
8. Factories and Machinery (Safety, Health and Welfare) Regulations 1970.

In addition, with the list of legislation as mention above, there is one regulation under
Occupational Safety and Health Act 1994 that HARTALEGA is complying to in accordance
with requirement from the client’s. The regulation is Occupational Safety and Health (Safety
and Health Officer) Regulations 1997 which total of employees under the company is less
than five hundred (500) workers: two hundred fifty-five (255 employees based on January
2017 payroll data.

The company successfully partner with their major clients such as KKM,
PETRONAS, SURIA Management, TNB, TM and local authorities in assuring the complying
of occupational safety, health and environment legislation as one of main contractors and
suppliers of the clients’ companies.

At page 5 will be the details of occupational safety, health and environment


legislation as shown in the table below and documented as LEGAL REGISTER.

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3.0 HARTALEGA LEGAL OSH DOCUMENTS

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HARTALEGA GROUP LEGAL REGISTER

REVISION 03.
DATE: 15/01/2018

Legislation Legal Requirements Applicability (Need to comply) Compliance


Status
OCCUPATIONAL SAFETY AND HEALTH ACT 1994
OSHA 1994, Act 514 General duties of employers and self-employed
Part IV persons
Section 15: General Sub-section 1 and 2 1. Safety Induction course for all workers Comply with
st
duties of employers Ensure safety, health and welfare of all employees before work; 1 aid training; safety provision of
and self-employed in: critical role staff training; competency information,
persons to their  Provision / maintenance of plants/systems of skills training. instruction,
employees work 2. Safe systems of work (JHA, PTW, training,
 Use, handling, storage and transport of HEMP) supervision and
plant/substances 3. Adequate provision of pantries, maintenance of
 Provision of information, instruction, training worksite canteen, and sanitary access/egress.
and supervision facilities for both sexes.
 Maintenance of access/egress
Section 16: Duty to To put in place and update Safety and Health TTAM Safety & Health Policy signed by Comply to
formulate Safety and policy and cascade to all employees. CEO and PRESIDENT display at Office formulate Safety
Health policy. Building and Worksite. and Health Policy.
Section 17: General Sub-section 1& 2: Ensure safety of self and 1. Safety Induction for all new employees. Comply with
duties of employers others and inform others of activities that might 2. Safety Training. provision of
and self-employed affect their safety and health. training, health
persons to persons surveillance and
other than their safety of the
employees. employees and
others.

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Legislation Legal Requirements Applicability (Need to comply) Compliance
Status
Section 18: Duties of Sub-section 1 & 2: Ensure safety of access & Contractors are expected to practice safe Comply with
an occupier of a place egress in premises or substances used by others system of work in line of Company provision of
of work to persons are safe. Standard. Permit to Wok and
other than his company standard.
employees.
OSHA 1994, Act 514 General duties of the employees
Part VI
Section 24: General a) Take reasonable care of safety and health of 1. Safety Briefing (Toolbox Meeting) Comply with
duties of the himself/others 2. To provide PPE to all project provision of PPE
employees at work. b) Cooperate with employer on compliance with Personnel. Procedure and
(sub-section 1-a,b,c,d) statutory provisions 3. Follow Safety Working procedure (R.A Safety Working
c) To wear protective equipment /clothing & JHA) procedure.
provided
d) Comply with any instructions on safety and
health instituted
Section 25: Duty not Employee not to with or misuse things provided To ensure employee follow safety Comply with
to interfere with or or done in the interests of safety, health or welfare procedure and guideline. provision of
misuse things completing safety
provided pursuant to induction.
certain provisions
OSHA 1994, Act 514 Safety and Health Organizations.
Part VII
Section 29: Safety and 1. Minister to specify 1. Competent SHO registered with Comply with
Health officer (sub- 2. Occupier of place of work to employ DOSH. (Based on client & contract presenting reports
section 1 to 4) 3. Officer employed exclusively to ensure due requirement ONLY). and minute of
observance of OSH provisions 2. SHO Monthly Report (Based on meetings.
4. Officer to be a competent person project)
(qualification and training) 3. Safety committee member on worksite.
4. Conduct Inspection and safety
walkabout.

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Legislation Legal Requirements Applicability (Need to comply) Compliance
Status
Section 30: 5. Employer shall establish at place of work 1. Every quarterly on conducting safety Comply with
Establishment of a) 40 or more employees or committee meeting. provision of Safety
Safety and Health b) Director General of OSH directs 2. General Manager as chairman of safety and Health
committee at work 1. Composition to be prescribed committee. Committee Minute
(sub-section 1,2 and 3) 2. Employer to consult – enable cooperation to 3. To update HARTALEGA EHS performance of Meeting with
implement and check effective measures to and activity. attendance listed.
ensure safety and health at place of work 4. Safety committee member include
Management and Employees
representatives.
Section 31: Functions a) review measures taken to ensure safety and 1. Plan and review HARTALEGA yearly EHS Comply with
of Safety and Health health plan and safety performance. provision of Safety
committee (sub- b) investigate any matter which is unsafe or 2. To review any incident / accident and Health
section a,d,c,d) risk to health cases. committee minute
c) resolve unsafe act/ health risk act, failing 3. To review safety non-conformance. of meeting.
which to request Director General of OSH to
inspect
d) other functions as may be prescribed
OSHA 1994, Act 514 Notification of accidents, dangerous
Part VIII occurrence, occupational poisoning and
occupational diseases, and inquiry.
Section 32: 1. Employer’s duty to notify the nearest DOSH 1. Comply HARTALEGA handling on Comply with a
Notification of of any accident, dangerous occurrence, investigation of accident procedure if copy of JKKP 6, 7
accidents, dangerous occupational poisoning and occupational any incident case. and 8. JKKP 8
occurrence, disease which has occurred or likely to occur send on yearly
st
occupational at the place of work. basis before 31
poisoning and 2. Every registered medical practitioner or Jan on calendar
occupational diseases, medical officer attending to or called in to year and several
and inquiry. (sub- visit a patient whom he believe to be suffering JKKP 6 send to
section 1 & 2) from diseases listed or occupational poisoning DOSH on year of
shall report the matter to Director General. 2015.

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Legislation Legal Requirements Applicability (Need to comply) Compliance
Status
OSHA 1994, Act 514 Enforcement and Investigation
Part XI
Section 46: Employer, The owner or occupier or employer at any place Applicable to HARTALEGA Comply with
etc., to assist officer. of work and the agent or employee of the owner, progress minute of
occupier or employer shall provide assistance that meeting, email or
may be required by the officer (DOSH). resources.
OSHA 1994, Act 514 Regulations
Part XIV
Section 66: (2) In Secure the provision of adequate welfare facilities Applicable to HARTALEGA Comply with
particular and without by employers for persons at work. existing facilities
prejudice to the Prescribe the composition, powers, functions and and suggestion box
generality of substance procedures of safety health committees and for improvement.
(1) such regulation regulate the election or appointment of members
may:- of the committees and other related matters:
OCCUPATIONAL SAFETY AND HEALTH (SAFETY AND HEALTH COMMITTEE) REGULATIONS 1996
PART 1: Preliminary
Regulation 1: Citation These regulations may be cited as the  Applicable to HARTALEGA Comply.
and commencement Occupational Safety and Health (Safety and
Health Committee) Regulations 1996.
Regulation 2: In these Regulation, unless the context otherwise  Applicable to HARTALEGA Comply with
Interpretation requires: -  To understand and implement the provision of Safety
 “authorised manager” means a person duly interpretation related to HARTALEGA safety and Health toolbox
authorized by an employer to deal with any committee. and awareness
matter relating to the safety and health of . training.
persons employed at the place.
 “chairman” means the chairman of a safety
and health committee;
 ‘member’ means member of a safety and
health committee.

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 “near-miss accident” means any accident at a
place of work which has the potential of
causing injury to any person or damage to any
property;
 “safety audits” means the safety and health
audits of plant and systems of to ensure the
safety and health of persons employed at a
place of work.
 “safety and health auditors” means a person,
whether employed at a place of work or
otherwise, appointed by the employer to
conduct safety audits at the place of work.
 “secretary” means the secretary of a safety
and health committee.

Regulation 3: Regulation 3 (1) and (2) refer to occupational Applicable to HARTALEGA Comply.
Application safety & health Act. Page 251.
Regulation 4: Duties Duties of Employers. It shall be the duty of Applicable to HARTALEGA and followed the Comply with
of Employers employers. Regulation. provision of EHS
(a) to comply with Parts, I and III of these awareness talk.
regulation; and
(b) to ensure that Parts IV and V of these
Regulation are complied with.
Part II: Composition of Safety and Health Committee.
Regulation 5: Regulation 5: (1) and (2) refer to occupational Applicable to HARTALEGA Comply with
Membership of safety & health Act. Page 251 Regulations.
committee.

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Legislation Legal Requirements Applicability (Need to comply) Compliance
Status
Regulation 6: Regulation 6: (1), (2) and (3) refer to Applicable to HARTALEGA Comply with
Appointment of Occupational Safety & Health Act. Page 252 provision of EHS
Chairman a Committee
Organization
Chart.
Regulation 7: Regulation 7: (1), (2) and (3) refer to Applicable to HARTALEGA Comply with
Appointment of occupational safety & health Act. Page 253 provision of EHS
other members of Committee
committee appointment letter
by the chairman.
Regulation 8: The representative of employees in a safety and Applicable to HARTALEGA Comply with
Adequate employee health committee shall be able to represent the Regulations.
representation. various sections of a place of work in order to
maintain and develop the employees’ interest in
establishing a safe and healthy working condition.
Regulation 9: If a vacancy occurs amongst the member of a Applicable to HARTALEGA Comply with
Vacancy safety and health committee, the vacancy shall be Regulations.
failed by a person appointed in the same manner
as the previous member of the committee whose
resignation or otherwise has created the vacancy.
Regulation 10: Regulation 10: (a), (b), (c), (d), (e) and (f) refer Applicable to HARTALEGA Comply with
Removal of member to occupational safety & health Act. Page 253 provision of
of committee. & 254 Removal Letter by
the chairman.
Part III: Functions of Safety and Health Committee.
Regulation 11: Regulation 11: (a), (b), (c) and (d) refer to Applicable to HARTALEGA Comply with
Function of occupational safety & health Act. Page 254 regulations.
Committee.

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Legislation Legal Requirements Applicability (Need to comply) Compliance
Status
Regulation 12: Regulation 12: (a), (b) and (c) refer to Conduct inspection at worksite and office. Comply with
Inspection of place of occupational safety & health Act. Page 254 & provision of
work. 255 Inspection Report.

Refer to HARTALEGA Incident &


Regulation 13: Regulation 13: (1), (2), (3) and (4) refer to Investigation Comply with
Investigation into occupational safety & health Act. Page 255 Procedure. provision of
any accident, etc. Incident
Investigation
Report.
Regulation 14: Regulation 14: (1), (2) and (3) refer to Applicable to HARTALEGA Comply with
Action to be taken on occupational safety & health Act. Page 255 & provision of
report and 256 Incident
recommendation of Investigation
committee. Report.
Regulation 15: Regulation 15: (a), (b), (c) and (d) refer to Applicable to HARTALEGA Comply with
Matters to be occupational safety & health Act. Page 256 provision of Safety
considered by Committee Minute
committee. Meeting.
Regulation 16: Regulation 16 (1), (2), (3) and (4) refer to Applicable to HARTALEGA Comply with
Investigation of occupational safety & health Act. Page 256 provision of
complaint Inspection Report.
Regulation 17: Regulation 17: (1), (2) and (3) refer to Applicable to HARTALEGA Comply with
Resolution of occupational safety & health Act. Page 256 & provision of
Complaint. 257 Inspection Report.
Regulation 18: A safety and health committee shall assists Applicable to HARTALEGA Comply with
Assistance of employers in any competition in connection with provision of EHS
Committee. safety and health, talks on safety and health and Programs.
any other activity which is held to promote a safe
conduct of work at the place of work.

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Legislation Legal Requirements Applicability (Need to comply) Compliance
Status
Regulation 19: Rules Regulation 19: (1), (2), (3) and (4) refer to Applicable to HARTALEGA Comply with
on safety and health. occupational safety & health Act. Page 257 provision of Safety
Committee Minute
Meeting.
Part IV: Meetings of Safety and Health committee.
Regulation 21: Regulation 21: (1), (2) and (3) refer to Applicable to HARTALEGA Comply with
Frequency of occupational safety & health Act. Page 258 Regulations.
meetings of
committee.
Regulation 22: Duty Regulation 22: (a) and (b) refer to occupational Applicable to HARTALEGA Comply with
to provide facilities safety & health Act. Page 258 provision of Safety
Committee Minute
Meeting.
Regulation 26: Only matters relating to safety and health at Applicable to HARTALEGA Comply with
Matters to be the place of work shall be discussed at any provision of Safety
discussed at meeting. meeting of safety and health committee Committee Minute
Meeting.
Regulation 27: Regulation 27: (1),(2) and (3) refer to Tyco Minutes of meeting include: - Comply with
Minutes of Meetings occupational safety & health Act. Page 259 1. Review and update on the following: - provision of Safety
 EHS Performance Committee Minute
 Incident / Accident Meeting.
 Unsafe Act / Unsafe condition.
Part V: Provision of Training and Information
Regulation 28: Duty An employer of a place of work shall take such 1. HARTALEGA Safety Department must ensure Comply with
to ensure basic steps as are necessary to ensure that members of and brief safety committee member to provision of Safety
knowledge and the safety and health committee have a basic understand the function of the Committee
functions of understanding and knowledge of the functions of committee by EHS-MS and OSHA. Agenda/Minute
committee. the committee under the Act. Meeting.

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Legislation Legal Requirements Applicability (Need to comply) Compliance
Status
Regulation 29: Duty An employer shall take such steps as are  Applicable to HARTALEGA Comply with
To Provide adequate reasonably practicable to provide the members of  Safety Training conduct by safety provision of
Training a safety and health committee with adequate consultant. Training
training in occupational safety and health so as to Plan//EHS Plan.
enable them to perform the function of the
committee effectively.

Regulation 30: Duty Applicable to HARTALEGA Comply with


to make available Regulation 30: (a), (b), (c), (d), (e) and (f) refer provision of Safety
relevant documents to occupational safety & health Act. Page 260 Committee Minute
and information. Meeting.
Regulation 31: Applicable to HARTALEGA Comply with
Information not be Regulation 31: (a), (b), (c), (d) and (e) refer to Regulations.
supplied. occupational safety & health Act. Page 260

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Legislation Legal Requirements Applicability (Need to comply) Compliance
Status
OCCUPATIONAL SAFETY AND HEALTH (SAFETY AND HEALTH OFFICER) REGULATIONS 1997
Part I: Preliminary
Regulation 1.Citation These regulations may be cited as the Applicable to HARTALEGA Comply with
and commencement. Occupational Safety and Health (Safety and Regulations.
Health Officer)
Regulation 2:  “lost-time injury” means an injury which  Applicable to HARTALEGA Comply with
Interpretation. prevents any worker from performing normal  To understand and implement the Regulations
interpretation related to HARTALEGA
work leads to permanent or temporary safety committee.
incapacity of work:
 “near-miss accident” means any accident at a
place of work which has the potential of
causing injury to any person or damage to any
property.
 “no lost-time injury” means an injury where
no work is lost beyond that required for
medical attention.
Part II Registration of a Safety and Health Officer
Regulation 4. No person shall act as a safety and health officer Applicable to SHO officers Comply with
Registration unless he is registered with the Director General. Regulations
Regulation 5: Regulation 5: (1) and (2) refer to occupational Applicable to SHO officers Comply with
Application for safety & health Act. Page 286 Regulations
registration
Part IV Duties of an Employer
Regulation 17: An employer shall direct one supervisor or who Applicable to HARTALEGA Comply with
Investigation into any has direct control on person or activity of the provision of
accident, etc. place of work to assist the safety and health Incident
officer in any investigation of accident, near-miss Investigation
accident, dangerous occurrence, occupational Report.
poisoning or occupational disease.

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Legislation Legal Requirements Applicability (Need to comply) Compliance
Status
Regulation 18: Duties Regulation 18: (a), (b), (c), (d), (e), (f), (g), (h), Duties of Safety Officer Comply with
Of Safety and Health and (i) refer to occupational safety & health Act. Regulations.
Officers Page 289 & 290

OCCUPATIONAL SAFETY AND HEALTH (NOTIFICAITON OF ACCIDENT, DANGEROUS OCCURRENCE,


OCCUPATIONAL POISONING AND OCCUPATIONAL DISEASE) REGULATIONS.
Part I Preliminary
Regulation 1: These regulations may cite as the Occupational Applicable to HARTALEGA HSE Department. Comply with
Citation Safety and Health (Notification of Accident, Regulations.
Dangerous Occurrences, Occupational Poisoning
and Occupational Disease) Regulations 2004.
Regulation 2: (1) In these Regulations, unless the context Applicable to HARTALEGA HSE Department. Comply with
Interpretation otherwise: Regulations.
“serious bodily injury” means any injury listed To understand and implement the
in Schedule 1; interpretation related to HARTALEGA safety
“fatal injury” means injury leading to immediate committee
death or death within one year of the accident;
“dangerous occurrence” means an occurrence
arising out of or in connection with work and is
of class specified in Schedule 2;
“accident” means an occurrence arising out of or
in connection with work which results in fatal
injury or non-fatal injury. “occupational
poisoning and occupational disease” means a
poisoning or a disease arising out of or in
connection with work and is of a class specified
in Schedule 3; “lost-time” means lost days
counted from and including the day following
the day of the accident measured in calendar
days.

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(2) in these regulations, any reference to an
accident, dangerous occurrence, occupational
poisoning or occupational disease arising out of
in connection with work shall include a
reference to an incident or dangerous occurrence
or occupational poisoning or occupational
disease attributable to the manner of conducting
an undertaking, the plant or substances used for
the purpose of an undertaking and the condition
of the premises so used or any part of them.
Regulation 3: (1) Subject to subsection 1 (2) of the Act, these  Applicable to HARTALEGA Comply with
Application Regulations shall apply to all of work.  HARTALEGA Safety personnel to understand Regulations
(2) Nothing in these Regulations shall prejudice and knowledge of this Regulation.
any requirement imposed by or under any  To follow this Regulation for Incident
other written law relating to reporting of Investigation process.
accident, dangerous occurrence, occupational
disease expect that compliance with these
Regulation shall be deemed to have complied
with the provisions of –
(a) Section 31 and 32 of the Factories and
Machinery Act 1967 (Act 139)
(b) Regulation 23 of the Occupational Safety
and Health (Control of Industrial Major
Accident Hazard) Regulations 1996.

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Legislation Legal Requirements Applicability (Need to comply) Compliance
Status
Part II Notification and Reporting of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational
Disease.
Regulation 4: For the purpose of this Part, reporting of any Applicable to HARTALEGA Comply with
Exemption from part death, injury or condition of a person shall not to Regulations.
II a patient when undergoing treatment in a
hospital or surgery by a doctor or dentist.
Regulation 5: Regulation 5: (1),(2) and (3) refer to Applicable to HARTALEGA HSE Department. Comply with
Notification and occupational safety & health Act. Page 344 Regulations.
Reporting of accident
and dangerous
occurrence.
Regulation 7: Regulation 7: (1) and (2) refer to occupational Applicable to HARTALEGA HSE Department. Comply with
Reporting of cases of safety & health Act. Page 345 Regulations.
occupational
poisoning and
occupational disease
Part III No Interference Accident or Dangerous Occurrence Scene.
Regulation 9: No Regulation 9: refer to occupational safety & Applicable to HARTALEGA HSE Department. Comply with
Interference Accident health Act. Page 345 & 346. Regulations.
or Dangerous
Occurrence Scene.
Part IV Maintenance of All Records of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational
Disease.
Regulation 10: Regulation 5: (1), (2) and (3) refer to Applicable to HARTALEGA HSE Department. Comply with
Record occupational safety & health Act. Page 346 Regulations.

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Legislation Legal Requirements Applicability (Need to comply) Compliance
Status

HEALTH) REGULATION
Part I Preliminary
Regulation 1: Citation 1. these regulations may be cited as Applicable to HARTALEGA Comply with
and Commencement. Occupational Safety and Health (Use and Regulations.
standards of Exposure of Chemicals
Hazardous to Health) Regulations 2000
2. These Regulations shall come into on 4 April
2000

Applicable to HARTALEGA GROUP HSE
Regulation 2: In these Regulations, unless the context Department. Comply with

Interpretation otherwise requires – To display Chemical and Safety sign. Regulations.

“chemical” means chemical elements, or To put proper labeling to chemical
compounds or mixtures thereof, whether natural container.

or synthetic, but does not include micro- MSDS
organisms;
“chemicals hazardous to health”
means any chemical or
preparation which –
(a) is listed in Schedule I or II;
(b) possesses any of the properties categorized
in Part B of Schedule I of the Occupational
Safety and Health (Classification,
Packaging and Labeling of Hazardous
Chemicals) Regulations 2013
(c) comes within the definition of “pesticide”
under the Pesticides Act 1974; or
(d) is listed in the First Schedule of the
Environment Quality (Schedule Waste)
Regulations 2005;

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“Chemical Safety Data Sheet” means a
document which contains relevant information
on a chemical on a chemical and is furnished in
pursuance of the Occupational Safety and Health
(Classification, Packaging, and Labelling of
Hazardous Chemicals) Regulations 2013;
“engineering control equipment” means any
equipment which use d to control exposure of
employees to chemicals hazardous to health and
includes local exhaust ventilation equipment,
water spray or any other airborne chemical
removal and containment equipment
“personnel protective equipment’ which is
intended to be worn or held by a person at work
and which protects him against one or more risks
to his health or safety and any additional
accessory designed to meet the objectives;
“use” means production, processing, handling,
storage, transport, disposal and treatment.
Part II Identification of Chemicals Hazardous to
Health
Regulation 5: Regulation 5: (1), (2) refer to occupational All chemicals are stored inside designated Comply with
Register of Chemicals safety & health Act. Page 303 area. Chemical Register
Hazardous to Health. CSDS Master list keep by Store List.
Department.

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Legislation Legal Requirements Applicability (Need to comply) Compliance
Status
OCCUPATIONAL SAFETY AND HEALTH (CLASSIFICATION, PACKAGING AND LABELLING OF HAZARDOUS
CHEMICALS) REGULATIONS

Regulation 1: Citation 1. These regulations may be cited as Applicable to some of operation in Comply with
and Commencement Occupational Safety and Health (Classification, HARTALEGA Regulations.
Packaging and Labelling of Hazardous
Chemicals) Regulations 2013.

Regulation 2: 2. In these Regulation, unless the context Applicable to Warehouse. Comply with

Interpretation otherwise requires- Store personnel to understand types and Regulations.
“chemicals” mean chemical elements, sign of chemical.

compounds or mixtures thereof, whether natural To display safety sign and safety
or synthetic, but do not include micro-organism instruction.
“degree of hazard” in relation to classification
or labeling of hazardous chemicals, refers to the
specific nature of the risk involved in the
following order:
(a) for the hazardous chemicals in Part A of
schedule I
(i) explosive, which is more hazardous than
oxidizing;
(ii) oxidizing, which is more hazardous than
extremely flammable;
(iii) extremely flammable, which is more
hazardous than highly flammable; and
(iv) highly flammable, which is more hazardous
than flammable; and
(b) for the hazardous chemicals in Part B of
schedule I
(i) very toxic, which is more hazardous than
toxic;

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(ii) toxic, which is more hazardous than
corrosive;
(iii) corrosive, which is more hazardous than
harmful; and
(iv) harmful, which is more hazardous than
irritant;

“hazardous chemical’ means any chemical


which possesses any of the properties
categorized in schedule I, or which relevant
information exists to indicate that the chemical is
hazardous;

Regulation 3: 3 (1) These Regulations shall apply to a supplier Applicable with HARTALEGA Comply with
Application or hazardous chemicals for use at work except Regulations
hazardous chemicals which are –
(e) listed as scheduled wastes in the First
Schedule of the Environmental Quality
(Schedule Waste) Regulations 1989; and

Regulation 9: Duty of Regulation 9: (1), (2) (3) & 4 refer to Applicable with HARTALEGA to request the Comply with
supplier to furnish occupational safety & health Act. Page 267 & CSDS from the supplier Regulations
Chemical Safety Data 268.
Sheet.

Schedule III: Risk Risk Phrases. Refer to occupational safety & Applicable after reviewing CSDS from Comply with
Phrases health Act. Page 275,276,277,278 & 279. the supplier provision of
Chemical Register

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Legislation Legal Requirements Applicability (Need to comply) Compliance

ENVIRONMENTAL QUALITY ACT AND REGULATIONS 1974


After reviewing the main section in EQA 1974, it is found that HARTALEGA scope of services doesn’t need to comply with any of
the main section.
ENVIRONMENTAL QUALITY (SCHEDULED WASTES)REGULATIONS 2005
Regulation 1: Citation (1) These regulations may be cited as the Applicable to HARTALEGA Comply with
and commencement Environmental Quality (Schedules Waste) Regulations.
Regulation 2005.
(2) These Regulations come into operation 15
August 2005
Regulation 2: (1) in these Regulations, unless the context Applicable to HARTALEGA and followed the Comply with
Interpretation otherwise requires: - Regulation. Regulations.
“scheduled waste” means any waste falling
within the categories of waste listed in the First
Schedules;
Regulation 4: Disposal Regulation 4: (1) and (2) refer to HARTALEGA engaged with QHSE KLCC Urus Comply with
of schedules wastes Environmental Quality Act and Regulations. Harta Regulations.
Page 164
Regulation 9: Storage Regulation 9: (1), (2), (3), (4), (5), (6), and (7) HARTALEGA engaged with QHSE KLCC Urus Comply with
of Scheduled Waste. refer to Environmental Quality Act and Harta Regulations.
Regulations. Page 165
Regulation 10: Regulation 9: (1), (2) and (3) refer to HARTALEGA engaged with QHSE KLCC Urus Comply with
Labelling of Scheduled Environmental Quality Act and Regulations. Harta Regulations.
wastes Page 166
Regulation 11: Waste Regulation 11. Waste generator shall keep an HARTALEGA engaged with Kualiti Alam on pick Comply with
generator shall keep an inventory of scheduled wastes up, deliver and treatment of scheduled Regulations.
inventory of scheduled waste
waste.

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A waste generator shall keep accurate and up-to-
date inventory in accordance with the Fifth
Schedule of
the categories and quantities of scheduled wastes
being generated, treated and disposed of and of
materials or product recovered from such
scheduled wastes for a period up to three years
from the date
the scheduled wastes was generated.
Regulation 12: Regulation 12: (1),(2),(6) & (7) refer to Under QHSE KLCC Urus Harta Comply with
Information to be Environmental Quality Act and Regulations. Regulations.
provided by waste Page 166 & 167
generator, contractor
and
occupier of prescribed
premises
First Schedule
Regulation 2: SW 302 Flux waste containing mixture of organic acids, Applicable to HARTALEGA Comply with
solvents or compounds of ammonium chloride Regulations.
Regulation 2: SW 305 Spent Lubricating Oil Applicable to HARTALEGA Comply with
Regulations.
Regulation 2: SW 306 Spent Hydraulic Oil Applicable to HARTALEGA Comply with
Regulations.
Regulation 2: SW 311 Waste of oil or oily sludge. Applicable to HARTALEGA Comply
Regulation 2: SW 410 Rags, Plastics, papers or filters contaminated with Applicable to HARTALEGA Comply
schedules wastes.

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Legislation Legal Requirements Applicability (Need to comply) Compliance
Status

FACTORIES AND MACHINERY ACT WITH REGULATIONS


FACTORIES AND MACHINERY ACT
Regulation 3: In this Act unless the context otherwise requires:- Applicable to HARTALEGA and followed the Comply with Acts
Interpretation -general  “bodily injury” include injury to health Regulation. and Regulations.
 “Certificate of Competency” means a
certificate granted under this Act by the Chief
Inspector certifying that the holder is duly
qualified to be in charge of machinery to
which the certificate of competency relates;
 “Certificate of Fitness” means a certificate
granted under this Act certifying that the
machinery described therein has been
inspected, and the time of the inspection has
satisfied the requirement of this Act and that
it may be worked of operated.
 “gas cylinder” means a steel cylinder or bottle
used for the storage and transport of
compressed, dissolved or liquefied.
 “hoisting machine” means equipment for
lifting, raising or lowering load such a lift,
escalator, hoist, crane , winch, dragline,
piling machine, aerial cableway, funicular
railway, access platform, dumbwaiter,
vertical conveyor lifter and mechanical
loading ramp, and includes transporter and
other similar equipment, nut does not
include manual hoist and material handling.

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• “machinery” includes steam boiler, unfired
pressure vessels, fired pressure vessels, pipelines,
prime movers, gas cylinders, gas holders, hoisting
machines and tackle, transmission machinery,
driven machinery, materials handling equipment,
amusement device or any other similar machinery
and any equipment for the casting, cutting,
welding or electro-deposition of materials and for
the spraying by means of compressed gas or air of
materials, but does not include: -

(c) any machinery driven by manual power


other than hoisting machines.

(d) Office machine.

• “material handling equipment “means any


power driven equipment for handling materials,
and includes forklift, conveyor, stacker,
excavator, tractor, dumper or bulldozer but does
not include hoisting machine;

• “office machine” means machines


commonly used in the exercise of clerical and
associated functions and includes electrical
typewrites, calculating and accounting machines
and computers;

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Legislation Legal Requirements Applicability (Need to comply) Compliance
Status
FACTORIES AND MACHINERY ACT
Regulation 3: In this Act unless the context otherwise requires: Applicable to HARTALEGA and followed the Comply with Act
Interpretation -general - Regulation. and Regulations.
 “operator” includes any person employed on
any services involving the management or
operation of, or attendance on, any
machinery.
 “petroleum” means mineral oil or relative
hydrocarbon and natural gas existing in its
natural condition and casing head petroleum
spirits,
 “premises” includes any includes any
building, place, or floating structure;
 “serious bodily injury” means any injury
listed in the Second Schedule:
 “unfired pressure vessel” means any closed
vessel under pressure greater than
atmospheric pressure by any gas or mixture
or combination of gases and includes any
vessel under pressure of steam external to
the steam boiler and any vessel which is
under pressure of a liquid or gas or both, and
any vessel subject internally to a pressure
less than atmospheric pressure but does not
include gas cylinder;
 “working of engineering construction”
means the construction, extension,
installation, repair, maintenance, renewal,

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removal, renovation, alterations, dismantling, or
demolitions of:-

(e) any bridge, viaduct, dam, reservoir, lagoon,


earthworks, pipeline, sewer, aqueduct, culvert,
drive, shaft, tunnel or reclamation works
Part II Safety, Health and Welfare
Section 10: Provision Section 10: (a), (b), (c), (d), (e) and (f) refer to Applicable to HARTALEGA Comply with Acts.
relating to safety, etc. Factories and Machinery Act with Regulation.
Page 15
Section 12: Lifting of No person shall be employed to lift, carry or Manual handling procedure. Comply with
Weight move any load so heavy as to be likely to cause Apply for office and warehouse. provision of Lift
bodily injury to him. Training and
PTW.
Section 19: Certificate Section 18: (1), (2), (3), (4), (5) and (6) refer to Applicable to HARTALEGA Comply
of Fitness Factories and Machinery Act with Regulation.
Page 17
Section 24: Personal Where in any factory persons are exposed to a Applicable for Warehouse Comply with
Protective clothing and wet or dusty process, to noise, to heat or to any provision of
appliances. poisonous, corrosive or other injurious substance PPE Procedure. procedures.
which is liable to cause bodily injury to those
persons the Minister may prescribe the provision
and maintenance for use of those persons
suitable and adequate personal protective
clothing and appliances including where
necessary goggles, gloves, leggings, caps, foot-
wear and protective ointment t or lotion.

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Legislation Legal Requirements Applicability (Need to comply) Compliance
Status

FACTORIES AND MACHINERY (SAFETY, HEALTH AND WALFARE) REGULATIONS 1970 (Made under Section 56(1))
Revised -1988. ARRANGEMENT OF REGULATION

Regulation 21: Safety Regulation 21: (1), (2), (3), (4) and (5) refer to Applicable to HARTALEGA HSE Department Comply with
provisions in case of Factories and Machinery Act with Regulation. Regulations.
fire. Page 240
Regulation 22: Fire In every factory there shall be provided and Applicable to HARTALEGA HSE Department. Comply with
Fighting appliances maintained, so as to be readily accessible, means Regulations.
of extinguisher fires, which shall be adequate
and suitable having regard to the nature of the
processes carried on and the quantity and nature
of the substance used.
Regulation 29: Regulation 29: (a), (b), (c), (d), (e), (f) and (g) Applicable for Office & Warehouse Comply with
Lighting refer to Factories and Machinery Act with Regulations.
Regulation. Page 244
Regulation 29: Regulation 29: (h) refer to Factories and Applicable for Office & Warehouse Comply with
Lighting (Emergency Machinery Act with Regulation. Page 244 & Regulations.
Lighting) 245.
Regulation 32: Regulation 32: (a) refer to Factories and Applicable to HARTALEGA GROUP Comply with
Working clothes, Machinery Act with Regulation. Page 245 & provision of
personal protective 246 To ensure the workshop and project procedures and
clothing and appliance personnel follow this Regulation. regulations.
Regulation 32: Regulation 32: (b) refer to Factories and Applicable to HARTALEGA HSE Department. Comply with
Working clothes, Machinery Act with Regulation. Page 246 provision of
personal protective To ensure the warehouse and project procedures and
clothing and appliance personnel follow this Regulation. regulations.
(Safety Helmets)

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Legislation Legal Requirements Applicability (Need to comply) Compliance
Status
Regulation 32: Regulation 32: ((3) and (4) refer to Factories Applicable for Office Comply with
Dressing Room (Rest and Machinery Act with Regulation. Page 249 provision of
Room for Women) procedures and
regulations.
Regulation 38: First Regulation 38: (1),(2),(3) and (4) refer to Applicable for Office & store Comply with
Aid Factories and Machinery Act with Regulation. provision of
Page 251 procedures and
regulations.
Fourth Schedule Contents of factory first-aid box or cupboard. Applicable for Office & Store Comply with
(Regulation 38 (2) (i) provision of
procedures and
regulations.

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4.0 CONCLUSION

Evaluation of Compliances shown that HARTALEGA is comply to fifty-five (55)


regulations of Occupational Safety and Health Acts and Regulations, eight (8) regulations
of Environmental Quality Act and twenty-one (21) from Factories and Machinery Act
1967. Furthermore, HARTALEGA also procure and comply proactively in one of
regulations under Occupational Safety and Health Act 1994 by hiring a competent Safety
and Health Officer into the organization for further improvement in occupational safety,
health and environment management and programs. This proactive measurement due to
comply with clients’ and HARTALEGA requirements. HARTALEGA moreover launch a
proactive EHS programs towards HARTALEGA globally by introducing Zero Harm
Programs and implementing HARTALEGA Core Management Systems.
In addition, towards complying with local regulations, HARTALEGA also
committed on certifying the company in OHSAS 18001 and ISO 14001 management
standards for increasing the business strategy and aspects in upcoming years. With good
foundation in EHS management system which programmed by HARTALEGA
HARTALEGA will be able to certified towards OHSAS 18001 and ISO 14001
management standards successfully.

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5.0 REFERENCES
 
Occupational Safety and Health Acts 1994

 
Environmental Quality Acts 1974

 
Factories and Machinery Act 1967

 www. HARTALEGA.com.my

 www.dosh.gov.my

 www.doe.gov.my

 www.firesuppression.co.uk

 www.asiabuilders.com

 www.bloomberg.com

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