Malaysia legislation
Section 25
Section 25
The principal Act is amended by inserting after Part VI the following part:
“Part VIa
NOTIFICATION OF OCCUPATION OF PLACE OF WORK,
INSTALLATION AND INSPECTION OF PLANT, ETC.
Notice of occupation of place of work 27a. (1) Subject to subsection (2), any person who occupies or uses any premises as a place of work or undertakes any activity in a place of work shall give notice to an officer containing such particulars, and in such manner and within such time, as the Director General may determine.
(2)
The requirement of giving notice under subsection (1)
shall apply only to places of work and activities as may be prescribed by the Minister.
(3)
A person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Prescription of plant requiring certificate of fitness 27b. The Minister may prescribe any plant for which a certificate of fitness is required.
Installation of plant 27c. (1) No person shall install or cause to be installed any prescribed plant under section 27b unless the person ensures that the plant has fulfilled all the requirements prescribed by the Minister and has obtained the written approval from the Director General.
(2)
A person may apply for the approval referred to in subsection (1) by submitting to the Director General such particulars in such manner and within such time as the
Director General may determine.
(3)
Upon receiving and considering an application under subsection (2), the Director General may grant an approval subject to such terms and conditions as the Director General may impose.
(4)
A person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Certificate of fitness 27d. (1) No person shall operate or cause or permit to be operated any plant that has been installed under section 27c unless the plant has a certificate of fitness issued by an officer or a licensed person.
Occupational Safety and Health (Amendment)
(2)
When a prescribed plant has been installed under section 27c, the person shall serve a written notice on an officer or a licensed person who, after receiving such notice, shall make an inspection of the plant.
(3)
If, upon inspection, the officer or the licensed person finds that the plant—
(a)
complies with all the requirements prescribed by the
Minister in respect of the plant, the officer or the licensed person shall issue a certificate of fitness upon the payment of such fees by the person as the
Minister may prescribe; or
(b)
does not comply with any of the requirements prescribed by the Minister in respect of the plant, the person shall pay to the officer or the licensed person such fees as may be prescribed by the Minister for the services rendered despite the non-issuance of a certificate of fitness.
(4)
A certificate of fitness issued under subsection (3) shall be in such form and subject to such terms and conditions, and shall be valid for such period, as the Minister may prescribe.
(5)
A person who contravenes subsection (1) shall be guilty an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(6)
In the case of any contravention of subsection (1), an officer shall immediately serve to the person who operates or causes or permits to be operated the plant a written notice prohibiting the operation of the plant or may render the plant inoperative until a certificate of fitness is issued.
(7)
A person who fails to comply with the notice issued under subsection (6) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(8)
A certificate of fitness in respect of any plant which is being dismantled or repaired or is damaged for any reason shall terminate upon such dismantlement, repair or damage, but the Director General may exempt any plant from the application of this subsection if in his opinion the plant will not cause any danger to any person or property.
(9)
For the purposes of subsection (8)—
(a)
“damage” means any physical defect caused to any plant during operation or otherwise which may affect the strength and integrity of the plant during subsequent operation;
(b)
“dismantle” means to undo any part of any plant which may affect the strength, integrity or functional capability of the plant;
(c)
“repair” means any work done to make good any part of any plant which has been damaged.
Periodical inspection of plant 27e. (1) A plant prescribed under section 27b shall be inspected by an officer or a licensed person at such periods and in such manner as the Minister may prescribe.
(2)
An inspection under subsection (1) shall be subject to the payment of such fees as the Minister may prescribe.
Special scheme of inspection 27f. (1) Notwithstanding section 27e, an occupier may apply to the Director General for an approval for a special scheme of inspection pertaining to inspections for certain classes of plant and its auxiliary together with such fees as the Minister may prescribe.
(2)
The Director General may approve an application under subsection (1) if he is satisfied that the requirements prescribed by the Minister in respect of the plant have been fulfilled.
Occupational Safety and Health (Amendment)
(3)
When the approval under subsection (2) is granted, the inspection of the plant shall be conducted according to the special scheme of inspection.
Director General may make orders in certain circumstances 27g. (1) The Director General may make special orders for the conduct and guidance of persons employed in any service involving the management or operation of, or attendance on, or proximity to, any plant or process carried on in any place of work as appear to him necessary to ensure their safety and health.
(2)
The employer shall ensure by all reasonable means that the persons exposed to danger are aware of any such special orders made under subsection (1) and those persons shall observe the special orders.
(3)
For the purposes of subsection (2), a copy of the
Director General’s special orders printed or written in the appropriate languages and posted in conspicuous places in the vicinity of the plant or process to which the special orders refer, so that all persons referred to shall have free access and opportunity to read the same, shall be deemed to constitute reasonable means.”.
Amendment of section 28