Finance Law Talk

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2007 PETRONAS Gas Berhad (PGB)

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19 November 2008

Centralised Utility FacilitiesAct and Regulation





CENTRALISED UTILITY FACILITIES Enriching People Enhancing Value

ACT AND OTHER REQUIREMENT

Occupational Safety and Health Act (OSHA) 1994

Employer’s Safety and Health General Policy Statements Regulations 1995

CIMAH Regulations 1996

Safety and Health Committee Regulation 1996

CPL Regulations 1997

Safety and Health Officer Regulations 1997

Prohibition of Use of Substances Order 1999

USECHH Regulations 2000

NADAPOD Regulations 2004




Factory and Machinery Act (FMA) 1967

ACT AND OTHER REQUIREMENT Cont..

Certificates of Competency Regulations

Fencing of Machinery and Safety Regulations

Notification, Certificate of Fitness and Inspection Regulations

Person-In-Charge Regulations

Safety, Health and Welfare Regulations

Steam Boiler and Unfired Pressure Vessel Regulations

Noise Exposure Regulations

Mineral Dust Regulations





-

- Clean Air Regulations 1978

- Licensing Regulations 1977

- Environmental Impact Assessment Order 1987

- Scheduled Wastes Regulations 1989

- Control of Emission from Diesel Engines Regulations 1996

Environmental Quality Act (EQA) 1974

Sewage and Industrial Effluents Regulations 1979




Fire Services Act 1988

Poison Act 1952

Electricity Supply Act

Water Supply Act

Other Requirement







PART IV – General Duties of Employers and Self-Employed Persons

General duties of Employers and Self-employed Person to their Employees [Reg 15, Sec

(1)(2) and (3)] Duties to Formulate Safety and Health Policy [Reg 16]

General Duties of Employers and Self-employed Person to Person Other than Their

Employees [Reg 17, Sec (1) and (2)]

Duties of an Occupier of a Place of Work to Person Other than His Employees [Reg 18, Sec

(1) and (2)]

Penalty for an Offence Under Sec 15,16,17 and 18 [Reg 19]

PART V – General Duties of Designer, Manufacturers and Suppliers

PART VI – General Duties of Employees

General duties of Employees [Reg 24, Sec (1) and (2)]

Duty not to Interfere with Misuse Thing Provided Pursuant to Certain Provisions [Reg 25]

Duty not to Charge Employees for Thing Done or Provided [Reg 26] Discrimination Against Employee [Reg 27, Sec (1)(2)(3) and (4)

PART VII – Safety and Health Organisations

Medical Surveillance [Reg 28, Sec(1)(2) and (3)]

Safety and Health Officer [Reg 29, Sec (1)(20(3)(4) and (5)]

Establish of Safety and Health Committee at Place of Work [Reg 30, Sec (1)(2)(3) and (4)]





PART VIII – Notification of Accidents, Dangerous Occurrence, Occupational Poisoning and Occupational Disease and Inquiry

Notification of Accidents, Dangerous Occurrence, Occupational Poisoning and OccupationalDisease and Inquiry [Reg 32 (1) and (2)]

Director General mat Direct Inquiry to be held [Reg 33 (1)(2) and (3)]

Power of Occupational Safety and Health Officer at Inquiry [Reg 34]

PART IX – Prohibition Against Use of Plant or Substance

PART X –

Industry Code of Practice

PART XI – Enforcement and Investigation

PART XII – Liability of Offences

PART XIII – Appeal Committee

PART XIV – Regulations

PART XV - Miscellaneous






PART I - Preliminary

Citation and CommencementApplication

Interpretation

Limitation of Power of Officer

Obligations of Manufacturer and Employee

PART II - Identification and Notification of an Industrial Activity

Application

Identification and Notification

Notification of Charge

PART III - Demonstration of Safe Operation for Non-major Hazard Installation (DOSO)

Application

Demonstration of Safe Operation

Review of Demonstration of Safe operation




PART IV - Report on Industrial Activity and Preparation of Emergency Plan for Major Hazard

Installation

Application

Registration of Competent Person

Report on Industrial Activity

Modification

Review of Report

On-site Emergency Plan

Updating of on Site Emergency Plan

Review of On-site Emergency Plan

PART V - Notification of Major Accident

PART VI - Penalty





Factory and Machinery Act (FMA) 1967

PART I - Preliminary

Section 1 Short Title

Section 2 Interpretation of “Factory Section 3 Interpretation – general

Section 4 Appointment of Officers

Section 5 Supervision of Officers

Section 6 Offices are Public Servants

Section 7 Power of an Inspector

Section 7A Entry into Premises with a Search Warrant and the Power of Seizure Section 7B Entry into Premises without a Search Warrant and the Power Seizure

Section 7C Service of List of Thing Seized

Section 7D Appointments, Power and Duties of a Licensed Person

Section 7E Revocation of License

Section 7F Granting of New License upon Revocation

Section 8 Obstruction an Offence

Section 9 Confidentiality of Information




PART II - Safety, Health and Welfare

Section 10 Provisions Relating to Safety, etc

Section 11 Persons Exposed to Explosive, Inflammable, etc .. Substances Section 12 Lifting of Weight

Section 13 Provision against Fire

Section 14 Construction of Machinery

Section 15 Dangerous Parts of Machinery

Section 16 Projecting Material

Section 17 Machinery for Hire or Sale must comply with Regulations.

Section 18 Machinery Manufactured or Repaired must comply with Regulations Section 19 Certificate of Fitness

Section 19A Power to Revoke Certificate of Fitness obtained by way of Fraud or

Misrepresentation

Section 20 Duties of Person Employed

Section 21 Duties of Occupier

Section 22 Provisions Relating to Health

Section 23 Exposure to Elements

Section 24 Personal Protective Clothing and Appliances

Section 25 Provisions Relating to Welfare




PART III - Person In Charge and Certificate of Competency

Section 26 Training and Supervision of Inexperienced Workers

Section 27 Chief Inspector may make Order in Circumstances Section 28 Young Persons

Section 29 Certain Machinery not to be operated without Certificated Staff

Section 29A Machinery not to be Manufacturer, etc without Written Authority

Section 30 Panel of Examiners and Board of Appeal

PART IV - Notification of Accident, Dangerous Occurrence and Dangerous Disease

Section 31 Accidents and Dangerous Occurrence to be reported Section 32 Notification of Occupational Disease

Section 33 Investigation and Enquiries






PART VI - General

Section 47 Criminal or Civil Liability Unaffected

Section 47A Protection against Personal Liability Section 48 Fees

Section 49 Chief Inspector’s Powers

Section 50 Offences

Section 51 Penalties

Section 51A Jurisdiction to Try Offences

Section 52 Institution of Prosecutions

Section 52A Power to Compound Offences Section 53 Power to Modify Agreements

Section 54 Power of Apportion Expenses

Section 55 Exemptions

Section 56 Regulations

Section 57 Medical Supervision

Section 58 Repeal

Section 59 Amendment of Schedule

Firs Schedule Dangerous Occurrence

Second Schedule Serious Bodily Injury

Third Schedule Notifiable Occupational Disease




PART VI - General

Section 47






















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