OSHA Compliance: The Responsibilities of Enablers #
In Malaysian law, the enabler of the Occupational Safety and Health Act (OSHA) refers to any individual or entity responsible for ensuring compliance with the Act. This typically includes:
- Safety and Health Officer
- Any industries that are specified in the SHO Order, are required to employ SHO. SHO has functions to carry out duty as specified by the SHO regulations.
- SHO is also to be appointed as secretary of the safety and health committee.
- Competent Person Major Hazard
- Competent Person Major Hazard is registered under the provisions of Regulation 13, Occupational Safety and Health (The Control of Industrial Major Accident Hazards) Regulations, 1996.
- He has to provide consultations to the manufacturer in major hazard control including major hazard reporting. The scope of task has also in preparation and keeping up to date an adequate on-site emergency plan for submission to the DOSH
- CHRA Assessor
- A competent person who conducts and comes out with a written assessment of the workplace that has potential risks to an employee from exposure to chemicals hazardous to health.
- Audiometric Testing Centre
- An entity licensed by DOSH to conduct the annual audiometric test when noise risk assessment report shows that employees exposed to excess noise exceed the limit. Audiometric Testing Centre shall submit an audiometric test report to the employer within 30 days from the date of the test.
- Hygiene Technician
- A competent person who examines the engineering control equipment for at least every twelve months.
- A competent person who conducts the monitoring of exposure to ensure the maintenance of adequate control of the exposure of employees to chemicals hazardous to health except for confined spaces.
- Noise Risk Assessor
- A competent person who carries out noise risk assessment after the workplace has been identified with accessive noise.
- Registered professional engineer
- An engineer registered under the Registration of Engineers Act 1967 designed and tested the Local Exhaust Ventilation (LEV) according to an approved standard before installation at the workplace.
- An Occupational Health Doctor is a competent person who carries out the following processes;
- Conduct a medical surveillance program when the exposure to chemicals hazardous to health is significant.
- Determine whether the employee is not allowed to work with chemicals hazardous to health when he determines that the employee has a medical condition that increases their risk of serious health problems from exposure to these chemicals.
- To be appointed by the Audiometric Testing Centre to interpret the audiogram based on the audiometric test carried out. A medical examination has to be carried out if OHD has determined that the employee faced an abnormal audiogram.
- Notification to DOSH within 7 days if the medical examination showed the employee has the case of NIHL, hearing impairment, or permanent standard threshold shifted.
- Registered Medical Practitioner (Doctor)
- Issuing a report that allows reporting to DOSH to comply with NADOPOD related to Occupational Poison and Occupational Disease including in the case of self-employed persons.
- Principle Chemical Supplier (including the parties who formulate, manufacture, import, recycles or reformulate a hazardous chemical);
- Ensure the packaging of hazardous chemicals complies with CLASS Regulation including the Seal of packaging.
- Label every packaging of a hazardous chemical legibly and indelibly comply with specified information;
- Furnish the Safety Data Sheet that contains the information relating to a hazardous chemical.
- A supplier must update a Safety Data Sheet if new information on a hazardous chemical is available, if it’s been over five years since the last update, or if instructed by a DOSH.
- Importers or manufacturers of hazardous chemicals must prepare an annual inventory for any chemical imported or supplied in quantities of one metric tonne or more.
more to update..