Frequently Asked Questions
| • What is meant by Occupational Safety and Health? Provision of a conducive working environment and appropriate precautions to prevent workers from being injured or suffering health effects as a result of work activities carried out |
| • How to manage safety and health at work? Managing safety and health in the workplace is quite different from managing other aspects of a business. Occupational Safety and Health Management (OSH) requires a commitment from the business owner or employer to take the 3 steps below: i. Statement OSH Policy ii. Planning including HIRARC implementation, training, instruction, and audits iii. Repair action |
| What type of policy statement is required for safety and health aspects? A health and safety policy statement is a written statement that briefly states the following commitments: • Employers to provide safety, health, and welfare to employees while working through established rules and procedures. • Employees to comply with work procedures and regulations to ensure their own safety. It should be placed in a place where employees can see it. |
| How can employers easily manage workplace safety and health aspects? Employers can start by conducting hazard/hazard identification activities for all work processes. After that, employers need to conduct an assessment for each identified risk and take appropriate action to control the risk. This process is called HIRARC. |
| Do I have anything to do with occupational safety and health? Yes. All “persons at work” in the sectors of Manufacturing; Mining and Quarrying; Construction; Agriculture; Forestry and Fisheries; Utilities; Transport; Storage and Communications; Wholesale and Retail Trade; Hotels and Restaurants; Finance, Insurance, Real Estate and Business Services, Public and Statutory Services are covered by the Occupational Safety and Health Act 1994 (Act 514). |
| Who is responsible for ensuring safety and health in the workplace? Employers, employees, self-employed persons, designers, manufacturers, importers, suppliers of plant/materials are responsible for their respective obligations to ensure that safety and health in the workplace is guaranteed. |
| What are the obligations of an employer towards his employees? Employers are required to protect the safety, health and welfare of people at work through the following measures: • Provide and maintain safe plants and systems of work; • Formulate measures to ensure safety and health in the use, operation, handling, storage and transportation of plants and materials; • Provide information, instruction, training and supervision for new and existing employees; • Provide and maintain a safe working environment without risks to health; and • Provide facilities for the welfare of those who are working. |
| What are the obligations of employers and self-employed people towards other people in the workplace besides their employees? • Ensure that other people in the work area are not exposed to safety and health risks due to the operation such as machinery/plant hazards, • Provide information regarding how to run the business for the knowledge of people other than employees who may be exposed to risks while employees are working. |
| What are the responsibilities of employees at work? Every employee has the obligation to: • Take reasonable care to avoid injury to themselves or others while carrying out their work activities, • Cooperate with employers and others to meet legal requirements. |
| What are the rights of employees towards their employers in terms of safety in the workplace? Employees are protected from being discriminated against, harmed or reassigned by their employer if: • Make a complaint about unsafe conditions or practices at work, • Be a member of the safety and health committee, • Perform duties as a member of the safety and health committee. |
| When is the right time for employers to establish a Workplace Safety and Health Committee? Employers must establish a Workplace Safety and Health Committee when they have 40 or more employees or when directed by the Director General of DOSH. |
| What is the function of the Committee? The Safety and Health Committee functions to: • Reviewing safety and health measures in the workplace, • Investigate complaints or any related matters raised, • Always consult with employers on issues related to safety and health in the workplace. |
| Does the employer need to appoint a Safety and Health Officer? Yes. Employers who fall under the class or type of industry gazetted under the Occupational Safety and Health Act 1994 must employ a competent person to act as a Safety and Health Officer. |
| What is the role of a Safety and Health Officer? This officer's role is to ensure compliance with the Act and promote a safe and healthy working environment in the workplace. |
| Where can I get DOSH Forms 6, DOSH 7, and DOSH 8 including the relevant schedules? All forms and schedules can be found on the DOSH website. |
| A company has many branches across the country. How should the company submit Form JKKP 8? Each branch must submit a DOSH Form 8 to the DOSH Headquarters. |
How do I report an accident or illness at work?
Employers must notify the nearest DOSH office of any accident, dangerous occurrence, occupational poisoning or occupational disease that has occurred or is likely to occur at the workplace via telephone, fax, DOSH form 6 or DOSH form 7.
| What is a Non-Fire Pressure Vessel (NPV)? Non-flammable Pressure Vessel (NPV) means a closed container that has a pressure greater than atmospheric pressure whether in the form of a gas or a mixture of gases and also includes a container that is under steam pressure produced from a steam boiler and a container under liquid and gas pressure or both, and any pressure vessel whose interior has a pressure below atmospheric pressure (gasless). Examples of these pressure vessels are air tanks, heat exchangers, purifiers, containers in petrochemical plants, LPG storage tanks, containers for water treatment processes and so on. |
| Why does a PTTB need to be assigned a safe working pressure before it can be used? PTTB is a high-risk equipment and has the potential to cause danger because its contents are under pressure. Any error in design or construction can cause an explosion or damage to the PTTB. Several cases of accidents such as explosions on PTTB have occurred and caused damage and destruction to property, the environment or loss of life. Therefore, the construction of PTTB must be controlled as best as possible and systematically to ensure the safety of people, property and the environment. The Department of Occupational Safety and Health (DOH) has been given the responsibility to control the design, registration and statutory inspection of PTTB. |
| For imported PTTB, is it necessary for a recognized Inspection Authority to be appointed to regulate the design, construction, and testing process of this PTTB? For imported PTTB, if the product of the design pressure (psi) and the inner diameter (inches) exceeds 3000 psi.in, it must be inspected, supervised and certified by a recognized Inspection Authority as specified in the Fourth Schedule to the Factories and Machinery (Steam Boilers and Unfired Pressure Vessels) Regulations, 1970. |
| How much is the processing fee charged for design approval and allocation of safe working pressure allowed on a PTTB? The fee charged is RM50.00 for a design approval and allocation of safe working pressure on the PTTB. |
What is the procedure to apply for registration as a Competent Company (Eg: Steam Boiler Manufacturer, Non-Fire Pressure Vessel, DII Gas Contractor)?
The applicant must submit all documents and information listed in the application guide for registration as a competent company. The registration application guide can be obtained from the DOSH website. Applications must be sent to the DOSH headquarters.
| What is a Crane Force Work Platform? A crane-mounted work platform is equipment used by workers to perform work, either attached to a crane hook or to the head of a crane boom. |
| Can a Crane Force Work Platform be used to perform work at heights that are not normally accessible via Scaffolding or 'Aerial Platform'? The use of crane-lifted work platforms is generally prohibited. It is recommended that all work be carried out using fixed scaffolding where appropriate. However, if using other methods of reaching a high work location is found to be more dangerous or unsuitable, then a crane-lifted work platform may be used to carry out the work. |
| Are there writing guidelines for OYK/OYB Industrial Hygiene reports? Yes. Please click here. |
| What are the eligibility requirements & procedures for OYK/ OYB Industrial Hygiene Registration? Please click here. |
| What are the responsibilities of the OYK/OYB Industrial Hygiene after carrying out monitoring/assessment/inspection & testing work at the workplace? a. Prepare a report within 30 days after the completion of monitoring/assessment/inspection & testing. b. Present the results & recommendations to the employer after the report is completed. The date of presentation of the report to the employer must be notified to the relevant state DOSH Office at least 14 days before the report is presented. c. Submit a report within 30 days after the completion of the monitoring/assessment/inspection & testing work, to the relevant state DOSH Director and the Director General of DOSH. |
| Is there a fee for the OYK/OYB Industrial Hygiene application process? No fees have been charged so far. |
| Where can I get a list of Industrial Hygiene OYK/OYB registered with DOSH? Please click here. |
| Where can applicants obtain the form/checklist for the application for registration/renewal of OYK/OYB Industrial Hygiene? Please click here. |
| What are the requirements that must be met to renew competency as (OYK Noise Exposure/ Clamp/ Hygiene Technician 1/ Hygiene Technician 2/ IAQ Clamp)? a. Please click here. b. Attend a continuous education course (CEP) in the field of Occupational Safety and Health and accumulate at least 30 credit points per year. The total accumulated within 3 years must be no less than 90 credit points. Please click here. |
| What are the requirements that need to be met to renew competence as an Accredited Gas Tester (AGT) and Entry Supervisor (ES)? Attend a retraining course (refresher course) for Working Safely in Confined Spaces for Certified Gas Testers and Entry Supervisors. |
| What is the role of a Safety and Health Officer? This officer's role is to ensure compliance with the Act and promote a safe and healthy working environment in the workplace. |
| Does the competent person (OYK) need to inform DOSH before HT2 monitoring work is carried out? Yes, you need to inform DOSH at least 2 weeks before monitoring. |
| How to prepare a detailed HT1 report? Detailed reports must follow the report format provided by the department. |
| Can DOKKP change the title?hygiene technician' to 'accessory' or expert? DOSH cannot amend any competency name because the competency name is enshrined in law. |
| The OYK Award Program is proposed to be implemented annually to ensure that OYK performance is at a good level. Currently, DOSH only holds national-level OSH awards. |
| Is it portable? Local Exhaust Ventilation (LEV) requires professional engineer (PE) certification? Referring to regulation 18 (1), Occupational Safety and Health (Use and Exposure Standards of Chemicals Hazardous to Health, USECHH) Regulations 2000, PE verification is required for LEV equipment installed in the workplace. |
| I have sent notifications regarding my monitoring via email and fax, but there has been no response from DOSH. Notification of OYK activities is the responsibility of OYK, but the department is not required to provide confirmation of receipt of the notification. Monitoring will be carried out by DOSH officers only when necessary. |
| Are measurement reports made by overseas OYKs and reviewed by Malaysian OYKs acceptable? Any data or reports provided other than by OYK registered with the department will not be accepted. |
| The training modules used for the clamp course at NIOSH still use the old modules. The department will ensure that the problem is resolved as soon as possible. |
| I suggest the involvement of DOSH officers in the HT2 interview to avoid biased decisions. This matter has been discussed between DOSH and NIOSH. DOSH officers will be placed in all OYK interviews and all interview panels must be registered with DOSH. |
| Is the use of 'passive sampler' For example, is hydrocarbon measurement allowed? 'Passive sampler' can be used if it meets the prescribed monitoring and analysis methods and comparison with the Permitted Exposure Limits in Table 1, USECHH Regulations can be carried out. |
| It is quite difficult to get competency renewal. What steps has DOSH taken to address this problem? All competency renewal applications must be submitted 3 months before the expiration of the registration validity period. DOSH is in the process of implementing a new online application and renewal system for all competencies. |
| When was the Forensic Engineering Division (BKF) established? The Forensic Engineering Division was established on 16 April 2007. |
| What services does BKF offer? The Forensic Engineering Division offers expert services in forensic engineering to investigating officers at the state level to assist in completing investigations into accidents, dangerous incidents and occupational diseases. |
| How many technical sections are there under the Forensic Engineering Division? There are five (5) sections under BKF, namely the Mechanical Engineering Section, Construction Engineering Section, Petrochemical Section, Occupational Hygiene Section and Testing Laboratory Section. |
| Does BKF have a testing laboratory? No, there are currently no testing laboratory facilities for this part. |
| How does BKF test and analyze samples or case items? For the time being, all samples and case materials are being sent to government agencies such as the Malaysian Nuclear Agency, the Department of Chemistry and relevant local universities for testing and analysis. |
| How long does it take for the test/analysis of case items to be taken? Currently, there is no set period and it depends on the readiness of the appointed agency as there is a limited number of agencies capable of conducting the test. |
| How do you occupy a factory and use machinery for the first time? The 2 simple steps are: i. Obtain Permission to Install Machinery by submitting form JKJ 105 along with related documents to the nearest DOKKP office. ii. Notify DOKKP that you will be occupying the factory for the first time via form JKJ 101 after obtaining Permission to Install Machinery. |
| Is it necessary to obtain a Machinery Installation Permit every time you install a new, certified machinery? Yes. Any machinery with a qualification certificate and new installations to be installed in the factory premises must submit forms JKJ 105 and JKJ 106 to the nearest DOSH office. |
| What machinery requires a qualification certificate? Machinery with a qualification certificate includes steam boilers, unfired pressure vessels and lifting machines such as passenger lifts, freight lifts, escalators and cranes. |
| How long does the factory and machinery registration process take? The factory and machinery registration process will take 20 days from the date of submission of the completed form and related documents to the DOSH office. |
| What will happen after the documents are submitted to the DOSH office? After all documents are reviewed by DOSH officers, a preliminary inspection of the premises and machinery will be carried out. Subsequently, relevant tests will be carried out on the qualified machinery involved. |
| Where can I get training on CLASS Rule compliance? As an enforcement agency, DOSH in collaboration with government agencies and NGOs such as CICM, NIOSH, FMM, MITI has begun implementing training and promotional activities related to GHS and CLASS Regulations since 2004. After the CLASS Regulations were gazetted, DOSH in collaboration with FMM has implemented promotional activities throughout the country. In principle, activities related to training in the field of OSH including the classification of chemicals are under the scope of NIOSH's duties. Currently, DOSH welcomes other NGOs/training providers who wish to collaborate with the Department to implement training programs related to CLASS including classification. |
| For labels and SDS, can direct translation be done from English to Malay? Does DOKKP provide any translators? If the SDS is not in Malay, can the translation be done by yourself without a certified translator? This is permitted as long as the meaning is not deviated from the original document. It is the responsibility of the supplier to ensure a good translation of the SDS from English to the national language. The CLASS Regulation does not require translations to be done by a certified translator. DOHS does not provide any translation facilities. However, common terms and phrases such as hazard classification, hazard statements, precautionary statements and SDS headings are available in bilingual form in the Regulation and ICOP CHC. This will facilitate the translation process to be carried out by the supplier. |
| What is the implementation of GHS through the CLASS Regulation for the consumer sector under the responsibility of DOSH? No. DOSH is only responsible for enforcing the CLASS Regulations 2013 which involve chemicals in the workplace. For the consumer sector, it is under the jurisdiction of the Ministry of Domestic Trade, Cooperatives and Consumerism. However, if consumer products are used in the workplace, they must comply with the CLASS Regulations. |
| What are the main differences regarding the obligations of chemical suppliers between the CPL 1997 regulations and the CLASS 2013 Regulations? The main difference regarding the obligations of chemical suppliers between the CPL Regulations 1997 and the CLASS Regulations 2013 is the obligation to provide an inventory of chemicals by suppliers categorised as importers and/or manufacturers. |
| Can current chemical stocks with labels that do not comply with the CLASS Regulations be used? All products supplied and manufactured for customers in Malaysia must comply with the CLASS Regulations starting 16 April 2015. DOSH has given the industry a 1-year preparation period to comply with the CLASS Regulations and no further extensions have been granted by top management. |
| Do the CLASS Regulations apply to the manufacture of food products such as raw materials and additives (additives)? The CLASS Regulation applies to raw materials and additives in the manufacture of food products if they are not included in the chemicals that are exempt from the application of the CLASS Regulation. |
| CBI | Confidential business information |
| CIMS | Chemical Information Management System |
| CLASS Regulations | Occupational Safety and Health (Classification, Labelling and Safety Data Sheets of Hazardous Chemicals) Regulations 2013 |
| JKKP | Department of Occupational Safety and Health Malaysia |
| GHS | Globally Harmonized System of Classification and Labeling of Chemicals |
| ICOP CHC | Industry Code of Practice on Chemical Classification and Hazard Communication |
| REACH | Registration, Evaluation, Authorization & Restriction of Chemicals |
| SDS | Safety Data Sheet |
| USECHH Regulations | Occupational Safety and Health (Use and Standards of Exposure to Chemicals Hazardous to Health) Regulations 2000 |
| Where can I get training on CLASS Rules? | DOSH has recognized training providers who are capable of providing training related to the CLASS Regulations including classification, preparation of labelling and Safety Data Sheets (SDS). A list of training providers can be found at the link below: https://dosh.gov.my/index.php/ms/persijilan/senarai-pusat-pengajar-yang-kompeten/2333-6-pusat-pengajar-peraturan-class-2013/file |
| How do the CLASS Rules impact retailers? | The CLASS Regulations apply to chemicals supplied for use in the workplace. If a retailer supplies hazardous chemicals to the workplace, the retailer must comply with certain requirements in the CLASS Regulations such as requirements on packaging, labelling and SDS. |
| Is the implementation of GHS through the CLASS Regulation for consumers (consumer sector) in Malaysia under the responsibility of DOSH? | DOSH is responsible for enforcing the CLASS Regulations which involve chemicals supplied for use in the workplace only. The consumer sector is under the responsibility of the Ministry of Domestic Trade and Consumer Affairs. However, if the consumer product is a chemical supplied for use in the workplace, it must comply with the CLASS Regulations. |
| Do shipping/transportation/courier service companies (not manufacturers and/or importers), who only ship but have transit warehouses, need to comply with the CLASS Regulations? | The CLASS regulations do not apply to delivery/transportation/courier companies that only deliver and do not supply chemicals for use in the workplace, regardless of whether the company owns or leases a warehouse. However, if employees in the warehouse handle chemicals hazardous to health, the Occupational Safety and Health (Use and Exposure Standards of Chemicals Hazardous to Health) Regulations 2000 apply. |
| If chemicals are manufactured and/or imported for own use, what requirements need to be implemented to ensure proper classification, packaging, labeling, SDS, and inventory submission? | Yes, manufacturers and/or importers of chemicals, including for their own use, are responsible for complying with the requirements for classification, packaging, labelling, SDS and inventory of hazardous chemicals. |
| What are the “building blocks” of GHS for Malaysia? Can all “building blocks” used including those not covered by the CLASS Rules? | The “building blocks” of the GHS for Malaysia are as set out in the First Schedule, the CLASS Regulations and “building blocks” not covered by the CLASS Regulations shall be set aside. Any “building blocks” not covered by the CLASS Regulations shall be stated as “Not classified”. |
| Where can I find references on chemical classification methods? | Information on chemical classification methods can be found at: Industry Code of Practice on Chemical Classification and Hazard Communication, (ICOP CHC); The Globally Harmonized System of Classification and Labeling of Chemicals (GHS Purple Book) |
| Our products are non-hazardous and not classified as toxic. Is there a requirement to comply with the CLASS 2013 or ICOP CHC Regulations? | If the chemical has undergone the classification process and is found not to be classified according to the CLASS Regulations, the requirements for packaging, labelling, SDS and inventory of hazardous chemicals do not apply to the chemical. However, the SDS requirements still apply to chemical mixtures containing hazardous substances in excess of the concentrations specified in Schedule Five, CLASS Regulations. Please retain all classification records as evidence of classification. |
| Do classification records need to follow a specific format? | The format of a classification record is given in paragraph 2.7 of Part 2, ICOP CHC. A classification record must contain all the information as specified in the format. However, any form of documentation, such as a database or electronic tool, that contains all the prescribed information (as specified in the format) will be considered a classification record. Please note that an SDS is not a classification record. |
| What is the rationale behind keeping classification records? | The purpose of the classification record is to prove that a chemical is classified according to the CLASS Rules with justification and/or data to support the classification. This justification and/or data is then ensured to be reliable through correct citation and can be traced if necessary. |
| What if the chemical supplied is not listed in Part 1 under ICOP CHC? Do the CLASS Regulations still apply? | For chemicals not listed in Part 1, ICOP CHC, the primary supplier must conduct a self-classification/self-classification using the methods detailed in Part 2, ICOP CHC. If the chemical has been classified and the classification result is “not classified” for all hazard classes, the requirements for packaging, labeling, SDS and inventory of hazardous chemicals do not apply to the chemical. Please note that the list of chemicals in Part 1 only consists of substances and this list is not exhaustive. |
| If the chemical supplied is listed in Part 1, ICOP CHC, what should I write in the justification column in the classification record? | If the chemical is listed in Part 1, ICOP CHC, it is sufficient to state that the chemical is listed in Part 1, ICOP CHC in the justification space (refer to Appendix 2.3 Classification Record). |
| How to classify chemicals supplied by foreign suppliers? | Importers may obtain classification data from overseas manufacturers. If such data is not available, importers should seek data on the chemical from literature, journals, established articles or recognized chemical databases to conduct their own classification in accordance with Part 2, ICOP CHC. Importers are required to ensure that classification records are available for inspection. |
| The chemical is supplied in solid form. However, the recipient needs to heat it to a liquid form (melt it) to use the product. When performing hazard classification, do we need to consider the chemical in a hot liquid form or in a solid form? | The classification shall be carried out based on the form of the product supplied. Therefore, in this case, the classification shall be carried out in solid form. If there are any known hazards, which may affect health when handling/using the product, this shall be detailed and stated in the SDS (Section 2, as explained in paragraph 3.7.2.3, ICOP and Section 7). |
| What should suppliers do if there is a difference in the classification of chemicals listed in Part 1, ICOP CHC? | The supplier shall comply with the classification given in Part 1, ICOP CHC. If there is substantial evidence or data available to support a difference in classification, the supplier may submit evidence or data to the Department to highlight the inconsistency. The Director General will determine the final classification of the chemical. |
| Is it possible for a chemical to have no health or physical hazards, but instead only environmental hazards? | Yes, and these chemicals are still classified as hazardous under the CLASS Regulations. |
| If imported chemicals are not classified as hazardous under the Class 2013 Regulations, do the chemicals still require labels according to the CLASS Regulations, and be provided in two languages; or is it sufficient to be labeled according to the labels received from overseas suppliers? | If the chemical is not classified as hazardous under the CLASS Regulation, the labelling does not need to be carried out as required by the Regulation. However, the classification and classification records must be prepared and kept by the importer. |
| For labels and Safety Data Sheets (SDS), can direct translation from English to Malay be used? Does DOSH provide translation services? If the SDS is not in the National Language, can it be translated by yourself without using a certified translator? | The CLASS regulation does not require translations to be carried out by a certified translator as long as the meaning does not change from the meaning in the original document. The supplier is responsible for ensuring the correct translation from English to Malay of the SDS. DOHS does not provide any translation services. However, common terms and phrases such as hazard classification, hazard statements, precautionary statements and SDS titles must be as specified in both languages in the Industry Code of Practice on Chemical Classification and Communication of Hazards (ICOP CHC). This can assist the supplier in the translation process. |
| For imported products, who is responsible? When and where should the label be affixed/used? | For imported products, the responsibility lies with the importer. The importer must provide packaging, SDS and labels that comply with the CLASS Regulations when the product enters the workplace. |
| What should suppliers do if they have excess preprinted pictograms? | Excess pre-printed pictograms should be covered using the same colour as the label or completely blacked out without showing the diamond shape. Example situations are given in Table 1. |
| Can suppliers supply hazardous chemicals using pictogram labels with black borders? | No. CLASS regulations only allow the use of red-bordered pictograms. |
| Do local importers need to state their identification on the label and SDS? | Yes. The identification of the local supplier must be stated on the label and SDS. |
| Do all hazard statements need to be stated on the label? | Yes. All hazard statements must be stated on the label unless there is evidence of duplication or redundancy. Where applicable, the combined hazard statement as set out in the Third Schedule, must be used on the label. |
| Do storage tanks, pipelines and tankers need to be labelled according to the CLASS Regulations? | i. Storage tanks – require labels according to CLASS Regulations, ii. Pipelines – no labelling required under CLASS Regulations, iii. Tanker trucks (during transport) – may not require labels according to CLASS Regulations, iv. Tanker trucks (stored at work) – require labels according to CLASS Regulations |
| Can the precautionary statements on the label be more than six statements (the ICOP CHC states six as the maximum)? | The maximum number of precautionary statements allowed on a label is six, unless the nature and severity of the hazard must be stated. |
| Can the manufacturer add other items (e.g., purchase number) to the label? | Yes, but additional information is not taken into account in the label size calculation. |
| Does the size of 1/15 of the label area containing the six mandatory elements apply to each pictogram or does it apply to all pictograms? | Each pictogram must be 1/15 of the label surface but must not be less than 100 mm². The label surface taken into account is the surface containing the information as specified in subregulation 8 (1) & (2) under the CLASS Regulation. |
| Is there any standard format or rules for labels? | There is no standard format set but all information as specified in subregulation 8 (1) & (2) under the CLASS Regulation must be included on the label. |
| Are light colored labels (not white) acceptable for chemical products? For example, the color of the label is the same as the color of a brown bag. Is this acceptable? | Based on the provisions of the CLASS Rules, the use of a colored background for CLASS Rules is acceptable but must not obscure the text. However, the background for pictograms must be white. |
| Can a label have two different company names printed on it? | Yes, you can put two different company names on the label to indicate the supplier details. For example, the manufacturer and distributor/importer details can both be stated on the label. The local supplier details are mandatory while the overseas manufacturer details are not mandatory. |
| Can we use the new/revised precautionary statements from the Fourth Edition of the GHS instead of the Third Revision Edition? In the Fourth Revision Edition, some precautionary statements have been rationalized or revised to make them easier to understand. | The precautionary statements to be used must be as stated in the ICOP CHC (Appendix 3.2 List of Precautionary Statements). |
| What information is required in an SDS? Can Registration, Evaluation, Authorisation & Restriction of Chemical (REACH) data be used? | The information required in the SDS should be in accordance with the minimum requirements as specified in Part 3, ICOP CHC (Paragraph 3.6). REACH data may be used if it is relevant to the information required for the SDS. |
| If the overseas supplier cannot provide the SDS in Malay, does the importer need to translate it and provide it themselves? | Yes. Importers (main suppliers) are obliged to provide SDSs that comply with the CLASS Regulations in both languages. |
| Do suppliers need to submit their SDS and labeling to DOSH to obtain approval? | No, DOSH does not provide any approval or certification on SDS and labelling. Suppliers are obliged to ensure their SDS and labelling are in accordance with the CLASS and ICOP CHC Regulations. |
| Who needs to prepare the inventory? | The requirement to prepare and submit an inventory applies to importers and/or manufacturers. Every hazardous chemical imported or manufactured in quantities of 1 metric ton (1000 kg) and more per year (January 1 to December 31) must be stated in an inventory that must be submitted annually. |
| When does the inventory need to be submitted? | The inventory must be submitted annually by March 31st. The submission period is from January 1st to March 31st each year. Importers/manufacturers are advised to submit the inventory as soon as possible to avoid system congestion. |
| How do I submit an inventory? | Importers/manufacturers are advised to submit their inventory using the system which can be accessed using the following link: https://cims.dosh.gov.my/. To use this system, each importer/manufacturer for each premises must register with the system. Please note that CIMS is not a classification software, this system is only a submission system. |
| What information is required in an inventory? | According to Regulation 14 (3), CLASS Regulations, the inventory must include the following information: i. Product identifier; i. Name of hazardous chemicals; iii. Composition and ingredients of hazardous chemicals; iv. Hazard classification; and v. Total quantity of each hazardous chemical imported or supplied. |
| What will happen if the inventory is not submitted on time? | Any supplier found to have failed to submit or intentionally failed to submit inventory on time may be subject to penalties as specified in the Regulations. Late submissions will not be entertained. |
| Do local importers from local suppliers need to submit inventory? | Local suppliers who obtain imported chemicals from local suppliers are not considered importers and are therefore not required to submit an inventory. The definition of importer in the CLASS Regulations only applies to importers who obtain direct supplies of chemicals from abroad. |
| For mixtures classified as hazardous, only the composition and ingredients of hazardous chemicals, which contribute to the classification of the mixture, need to be reported in the CIMS system. Is this true? | Yes, only the composition and ingredients of hazardous chemicals in the mixture need to be reported in the CIMS system. |
| What information can be said to be CBI? | Information that can be considered CBI in SDSs and inventories of hazardous chemicals is limited to: i. Name of hazardous chemicals, and i. Composition and ingredients of hazardous chemicals. |
| Can I claim CBI for a material? | No. |
| Can I remove the name and concentration of a chemical from the label and SDS? | No. Omission of the name of a hazardous chemical should be replaced with a generic name and the composition should be replaced with a concentration range. |
| Can I replace the chemical name and concentration with any available information? | No, the generic name of the chemical as well as the permitted concentration range must be obtained from Part 4, ICOP CHC. |
| I do painting work for my clients in the oil and gas industry. Who is responsible for carrying out a chemical health risk assessment? You are considered a sub-contractor. According to the Occupational Safety and Health Act 1994, a sub-contractor is an employer. As a direct employer, you must comply with the requirements of the Occupational Safety and Health (Use and Exposure Standards of Chemicals Hazardous to Health) Regulations 2000, including carrying out a chemical health risk assessment. |
| Our company has been using sulfuric acid in small quantities. Do we need to do a health risk assessment? Yes, sulphuric acid is a corrosive chemical under the Occupational Safety and Health (Classification, Packaging and Labelling of Hazardous Chemicals) Regulations 1997. It is the employer's or owner's responsibility to conduct a health risk assessment (CHRA), even if the chemical's use is small. |
| 319 318 Since starting our business, our company has been unprofitable. Can the Department of Occupational Safety and Health grant our company an extension of time to conduct a chemical health risk assessment? The employer must write to the Department of Occupational Safety and Health, requesting an extension of the time period to conduct a chemical health risk assessment. It is advisable that the case of carrying out safety and health (SHE) activities (including risk assessment) be included in the budget for doing business. |
| When is the next time a chemical health risk assessment should be conducted after the first assessment? Chemical health risk assessment needs to be re-done if:- i. There is a significant change in the work in relation to which the assessment was made, or ii. 5 years have passed since the last assessment, or iii. Has been instructed by the Director General, Deputy Director General, or Director of Occupational Safety and Health. |
| Can the renewal of the clamp registration be done online? Until now, only SHO, SSS and AGT renewals can be done online. For CHRA holders, online renewal is expected to be implemented in the future. |
| Do copies of CEP certificates submitted need to be certified by the Commissioner for Oaths? The copy should be certified but not necessarily by a Commissioner for Oaths. |
| Can attachments to CHRA reports such as AF forms be sent to DOKKP in soft copy form (soft copy)? It is possible and encouraged. |
| Usually, the renewal process for CHRA reports is done after 5 years. Can employers who have obtained grade C3/C4 and below renew within a shorter period of time? For example, 2 years etc. For C3, the employer needs to make improvements, if improvements have been made, a reassessment needs to be done. For C4, the inspector needs to provide appropriate interim action proposals to the employer and at the same time, the employer needs to obtain information regarding the chemical in the near future. Once the relevant information is obtained, a reassessment needs to be done in the near future. |
| How to assess the risk of chemicals in mixtures? The inspector must reclassify if the mixture is made at the workplace assessed by the inspector. |
| If a chemical that is categorized as a by-product (e.g. quarry silica) does not have an SDS, how should the inspector perform the task of determining 'hazard rating'? Is it necessary to send samples to a laboratory for analysis? For the silica issue, a process can be suggested.monitoring' to ensure the presence of silica dust. In the CHRA manual (section 5.2), various data sources are stated that can be referred to. |
| For imported mixed products, sometimes the information in the SDS is incomplete, does the supplier need to reclassify or just take the data from the SDS? It is advised that the clamper uses the information available in the SDS first because there is a concern that it will make an incorrect classification. If there is no SDS, then the classification should be made appropriately. |
| Can CHRA reports be submitted online (via email)? No. However, the complete report can be sent in CD form. |
| When should CHRA and SiRAC be used? The applicant can choose to implement either CHRA or SiRAC. However, SiRAC cannot be implemented for chemicals in the Carcinogen, Mutagen and Respiratory Sensitizer (CMR) category. SiRAC can only be used for chemicals in solid and liquid form. SiRAC can only be used when the new USECHH Regulations are amended. |
| If the clamp does not suggest medical surveillance, can OHD suggest medical surveillance? Suggestions for improvements can only be made by the inspector. There should be collaboration between the inspector and OHD in completing the chemical risk assessment process. |
| Is 'work unit' that have been assessed using SiRAC will be removed from the CHRA report? No. In the CHRA report, work units that use the SiRAC method must be marked (for example 'have done SiRAC' etc). |
| Can a CHRA report be made in Malay? Okay. |
| What chemicals need to be listed in chemical register? Chemicals that must be listed in chemical register is a chemical hazardous to health as defined in the USECHH Regulations. |
Are there any additional chemicals (additives) food grade, classified as a hazardous substance under the Occupational Safety and Health (Use and Exposure Standards of Chemicals Hazardous to Health) Regulations 2000?
Yes. Chemical additives are classified as chemicals hazardous to health because they are not considered food and are not exempt from the Occupational Safety and Health (Classification, Packaging and Labelling of Hazardous Chemicals) Regulations 1997.
| What is CIMAH? CIMAH is a regulation created under the Occupational Safety and Health Act 1994. This regulation is named as the Occupational Safety and Health (Control of Major Accident Hazards in Industry) Regulations 1996 or for short called the CIMAH Regulations 1996. |
| Who needs to comply with CIMAH Regulations? (a) an industrial activity carried out in an industrial installation referred to in Schedule 4 which involves or will involve one or more hazardous substances, and includes storage and transportation on site areas related to such operations; or (b) an industrial activity involving or likely to involve a quantity of a hazardous substance or category or categories of substances which is more than ten percent of the threshold quantity of the hazardous substance or substances; |
| Who is exempt from CIMAH Regulations? (a) a nuclear installation; (b) an installation under the armed forces; (c) a vehicle or vessel transporting hazardous materials to or from the site of an industrial activity; and (d) an industrial activity which involves or is likely to involve a quantity of a hazardous substance or category or categories of substances which is or is equal to or less than ten percent of the threshold quantity of the hazardous substance or substances. |
| How is notification of industrial activities carried out to the Department? Starting from 1 October 2023, installation parties must submit industrial activity notifications online through the MyKKP system. |
| When does the DOKKP 5 form need to be submitted? Within one (1) month before the installation is built. |
| If my installation is already operational, do I also need to submit JKKP5? Yes, the installation party must submit the JKKP5 online through the MyKKP system immediately if they have never submitted a JKKP5, or if there are changes to any details in the JKKP5 submitted previously. |
| If my installation has previously submitted the JKKP5 form manually before 01 October 2023, do I also need to re-submit the JKKP5 through the MyKKP system? Yes, the installation party must resubmit the JKKP5 online through the MyKKP system even if they previously submitted the JKKP5 form manually before 01 October 2023. All installations that were classified before 01 October 2023 are required to do so before 31 December 2024. |
| What actions need to be taken by the installation party after receiving the installation classification by the MyKKP system? The installation party must implement the instructions stated in the installation classification letter. The review letter can be downloaded through the MyKKP system after completing the online submission of the JKKP5. |
| If there is a change, such as an addition or reduction in hazardous materials or their quantity, do I need to inform the Department? Yes, the installation party needs to resubmit the JKKP5 online via the JKKP5 module in the MyKKP system. |
| If my installation has stopped operating, what should I do? Submit the DOKKP 5 form manually to the DOKKP Headquarters and state that the installation has ceased operations. |
| Who needs to submit LAI and ERP documents? Installations that are classified as Major Hazard Installations (MHI). |
| When do LAI and ERP documents need to be submitted? At least three (3) months before operation. |
| What if the installation is operational but has not yet submitted the LAI and ERP documents? Installations are required to submit LAI and ERP documents promptly. Failure to do so may result in penalties under regulation 24. |
| To whom should LAI and ERP documents be sent? Documents must be sent to DOKKP Headquarters. |
| Can the installation prepare LAI and ERP documents themselves? No. Installations must consult with a Competent Person appointed by the Department to prepare LAI and ERP documents. |
| Are there guidelines to help installations prepare LAI and ERP Documents?? Yes, DOKKP has published guidelines calledGuidance on Preparation and Updating of Report on Industrial Activity. |
| Are there guidelines to help installations prepare LAI and ERP Documents?? Yes, DOKKP has published guidelines calledGuidance on Preparation and Updating of Report on Industrial Activity. |
| Are there guidelines to help installations prepare LAI and ERP Documents?? Yes, DOKKP has published guidelines calledGuidance on Preparation and Updating of Report on Industrial Activity. |
| Do LAI and ERP documents have an expiration date? Yes. The document expiry date is three (3) years from the last date of consultation with the Competent Person. |
| What should be done if the LAI and ERP documents have expired? Installations must consult with Competent Persons in preparing updated documents and then submit the documents to DOSH Headquarters. |
| Does the Information to the Public (ITP) document need to be sent to the Department? ITP documents must be submitted to the Department without being requested. |
| Who should be involved in this notification? People or parties who are likely to be affected based on the impact of a major accident. |
| Does the Department have a set method for implementing notifications? No. It is up to the installation to implement the type of notification as long as it is effective in conveying information to the affected person. |
| How many times does this notification need to be carried out? According to the appropriate time period/time zone. |
| Does the Information to the Public (ITP) document need to be sent to the Department? ITP documents must be submitted to the Department without being requested. |
| Who needs to submit DOS documents? Installations that fall under Non-Major Hazard Installations (NMHI). |
| When do DOS documents need to be submitted? After the JKKP 5 form is submitted along with a covering letter stating that the installation is classified in the Non-Major Hazard Installation (NMHI) category for a period of at least three (3) months prior to operation |
| To whom should DOS documents be sent? Installations need to submit documents to their respective State DOSH. |
| Can the installation prepare DOS documents itself? Okay. |
| Are there any guidelines to help installations prepare DOS Documents? Yes, DOKKP has published two guidelines named Guidelines for the Preparation of Safe Operation Demonstration Documents (General) and Guidelines for the Preparation of Safe Operation Demonstration Documents (Storage of Liquefied Petroleum Gas in Cylinders). |
| Will the Department review DOS documents? The installation party is responsible for reviewing the DOS documents provided. However, the Department reserves the right to refer to the submitted documents and request additional information if it is felt that the submitted documents are not satisfactory. |
| Can late installations send DOS documents? Delay in submitting DOS documents is an offence. Documents must be submitted within the specified period. However, installations with specific justification may submit a written application for an extension of the time period for consideration by the Department. The Department reserves the right to accept or reject installations' applications. |
| Does DOS document have an expiration date? The DOS document is valid until there are amendments to the details on the DOKKP form 5. |
| Where can I refer to the guide for applying for registration as an OKMH? Guidelines for applying for registration as an OKMH can be found in the User Manual on the Guide window in the MYKKP System. |
| What are the eligibility requirements for OKMH registration? The eligibility requirements for OKMH registration are: – i. Applicants must be Malaysian citizens; ii. Have at least a Bachelor's Degree in either Engineering or Physics or Chemistry, or Biochemistry or Applied Science recognized by the Government; iii. Have working experience related to the management and control of major hazardous accidents for more than five (5) years; iv. Have at least three (3) years of practical experience in relevant tasks preparing industrial activity reports and site emergency plans. |
| How long is the validity period of the OKMH competency certificate? The validity period of the OKMH certificate is 3 years. |
| When does OKMH need to submit an application for renewal registration to DOSH Headquarters? Applications for renewal registration must be submitted to DOSH Headquarters at least three (3) months before the expiration date. |
| What is the scope of DOSH enforcement on offshore activities? Currently, DOSH carries out enforcement covering the safety, health and welfare of people at work and also to protect others from the increasing dangers from occupational activities, and is protected by the following Acts: 1. Occupational Safety and Health Act 1994 (Act 514); 2. Petroleum (Safety Measures) Act 1984 (Act 302); 3. Factories and Machinery Act 1967 (Act 139); 4. Factories and Machinery (Exemption to Petroliam Nasional Berhad) Order 2013 PIC Name : Ir. Ahmad Zaidi Bin Md Din PIC Email: ahmadzaidi@mohr.gov.my PIC Contact No.. : 03-88866440 |
| Are all offshore petroleum pipelines under the control of DOSH? DOSH carries out inspections and tests on new pipeline installations, replacements and repairs which cover the following pipeline scopes: 1. Liquid petroleum pipelines between production facilities, natural gas processing plants, service stations, (marine) terminals and other delivery and receiving points. 2. Pipelines that transport natural gas from separator or trap channels in oil wells to the outlet of a pair of terminal meter sets. PIC Name : Ir. Ahmad Zaidi Bin Md Din PIC Email: ahmadzaidi@mohr.gov.my PIC Contact No.. : 03-88866440 |
| Do pipeline installation contractors need to be registered with DOSH? Contractors involved in the installation of petroleum pipelines must be registered with DOKKP as gas contractors. PIC Name : Ir. Ahmad Zaidi Bin Md Din PIC Email: ahmadzaidi@mohr.gov.my PIC Contact No. : 03-88866440 |
| Does certified machinery to be installed on an oil or gas platform need to obtain design approval? The Factory and Machinery (Exemption to Petroliam Nasional Berhad) Order 2013 was gazetted on 28 March 2013. In this order, all offshore equipment owned by Petroliam Nasional Berhad is exempted from the application of Sections 19 and 36 of the Factory and Machinery Act 1967 (Act 139), and the Factory and Machinery (Notification, Certificate of Qualification and Inspection Regulations) Regulations 1970 [PU (A) 43/1970]. Until new legislation or decisions are made, all machinery (whether imported or locally manufactured), which is installed offshore Malaysia, is exempted from design approval. PIC Name : Ir. Ahmad Zaidi Bin Md Din PIC Email: ahmadzaidi@mohr.gov.my PIC Contact No. : 03-88866440 |
| Do the legal provisions of OSHA 1994, FMA 1967 and PSMA 1984 apply to ships used to process oil (FPSO/FSO)? FPSOs and FSOs are subject to the provisions under OSHA 1994, FMA 1967 or PSMA 1984 when their position is fixed and only used to process or store oil or gas. PIC Name : Ir. Ahmad Zaidi Bin Md Din PIC Email: ahmadzaidi@mohr.gov.my PIC Contact No. : 03-88866440 |
| What is OSR-MS? OSR-MS is an Offshore Self-Regulatory Management System, introduced by Malaysia Petroleum Management (MPM), PETRONAS and approved by the Department of Occupational Safety and Health (DOH) to manage and maintain the safe operation of offshore equipment by integrating the Asset Integrity and Reliability Management System (AIR) and the Health and Safety Management System. OSR MS Objectives: The OSR MS aims to provide a structured system for the PSC/RSC to self-operate all offshore facilities in Malaysia: • Integrity (machinery) identified in the FMA 1967 in line with national legal requirements; • Integrity of other machinery (i.e. not identified in FMA 1967) in compliance with PETRONAS guidelines The OSR MS aims to integrate the Asset Integrity and Reliability Management System (AIR) and the health, safety and environment (HSE) system to achieve excellence in AIR and HSE across all offshore facilities. PIC Name : Ir. Ahmad Zaidi Bin Md Din PIC Email: ahmadzaidi@mohr.gov.my PIC Contact No. : 03-88866440 |
| Where can I get more information about OSR-MS? For more information on OSR-MS, please contact Malaysia Petroleum Management (MPM), PETRONAS. PIC Name : Ir. Ahmad Zaidi Bin Md Din PIC Email: ahmadzaidi@mohr.gov.my PIC Contact No. : 03-88866440 |
| How do I register as an Occupational Health Doctor with DOKKP? a. Download the renewal form from the website www.dosh.gov.my b. Fill out the form. c. Complete the DOKKP with the following documents and information: i. Two recent passport-sized color photographs. ii. Detailed resume of work experience in the field of Occupational Safety & Health including a list of names of supervisors and reference persons. iii. Copies of certificates of attendance of seminars, courses, colloquiums and other occupational health-related activities attended (must be certified). iv. Copies of academic and professional qualifications (must be certified). v. Copy of Annual Practice Certificate (must be certified). vi. Copy of identity card (passport for foreigners and must be certified). vii. Work address, mobile phone number, office phone number and latest email address. d. Send the application to the address: Department of Occupational Safety and Health Malaysia, (Ministry of Human Resources) Levels 1, 3, 4 & 5 Block D4, Complex D Federal Government Administration Center 62530 Putrajaya |
| Is an Occupational Health Doctor (Occupational Health Doctor) is the same as Occupational Health Wear (Occupational Health Physician)? An Occupational Health Doctor is NOT an OCCUPATIONAL HEALTH SPECIALIST UNLESS he has been gazetted as a Specialist in the field of Occupational Health by the Department of Public Health, Office of the Deputy Director General of Health (Public Health), Ministry of Health Malaysia, pursuant to Order 27, Chapter F, General Order on the Appointment of Medical Officers as Specialists. |
| Where can we contact the relevant department for gazetting as an Occupational Health Specialist? The relevant department address for the gazettement of Occupational Health Specialists is: Quality and Standards Unit, Ministry of Health Malaysia, Level 8, Block E10, Parcel E, Pusat Pentadbiran Kerajaan Persekutuan, 62590 WP Putrajaya Tel: 03-88834022 Fax: 03-88834017 |
| How do I renew my DKP certificate? a. Download the renewal form from the website www.dosh.gov.my b. Fill out the form. c. Include once: i. Two recent passport-sized color photographs. ii. Copies of certificates of attendance of seminars @ courses related to occupational health that have been attended (must be certified). iii. Copy of Annual Practice Certificate (must be certified). iv. Medical Surveillance Report that was made 3 years before this renewal. v. CME certificate attended related to Occupational Health 3 years prior to this renewal (needs to be verified). vi. Original DKP certificate that has expired. d. Send the application to the address: Department of Occupational Safety and Health Malaysia, (Ministry of Human Resources), Levels 1, 3, 4 & 5 Block D4, Complex D, Pusat Pentadbiran Kerajaan Persekutuan, 62530 Putrajaya |
| What types of qualifications are required to be registered as a DKP? i. Master of Community Health (Occupational Health) UKM 4 years. ii. Master of Social Sciences (Occupational Health) UKM 18 months. iii. Graduate Diploma in Occupational Health/DSKP, UKM. iv. Master of Community Health (Occupational Health) USM 4 years. v. Master of Public Health (Occupational Health) UM 4 years. i. *Masters of Science (Occupational Health), London. vii. *Masters of Science in Occupational Medicine, Singapore. viii. *Masters of Medicine (Occupational Medicine/Public Health), Singapore. ix. *Masters of Public Health (Occupational Medicine), Wisconsin USA. x. *Masters in Occupational Health, Philippine. xi. *Diploma in Industrial Health from any University in the United Kingdom. xi. *Post Graduate Diploma or Masters of Health Science (Occupational Medicine, Health & Safety), Edith Cowan, Perth Australia. xiii. *Diploma in Industrial Health, Singapore. xiv. *Diploma in Industrial Health, Otago New Zealand. xv. *Diploma in Industrial Health, Toronto, Canada xvi. *Diploma in Occupational Health, Sydney, Australia. xvii. *Associate, Member or Fellow of the Faculty of Occupational Medicine, Royal College of Physicians of London. xviii. *Licentiate Member or Fellow of the Faculty of Occupational Medicine, Royal College of Physicians of Ireland. xix. Has successfully completed the Occupational Health course approved by the Director General and has passed the DKP examination conducted by NIOSH Malaysia, Bangi. * Candidate MANDATORY Attended the USECCH 2000 regulations course conducted by NIOSH Malaysia, Bangi. |
| How much is the fee for the registration and renewal process? No fees have been charged so far. |
| How are completed certificates sent? DKP can collect it from DOSH Headquarters or DOSH State Branch. |
| What are the factors that cause the Director General to REJECT or WITHDRAW AN APPLICATION? BACK to Occupational Health Doctor registration? i. Found to have committed misconduct, malpractice and negligence or violated medical ethics or has been blacklisted by the Malaysian Medical Council. ii. It has been proven that a fine has been imposed under the Act or regulations made thereunder. iii. Submitting false/incorrect information or statements to the DOSH, employers and factories (DSH may be subject to court action if found to have provided false information/statements). iv. Submitting incomplete information/statements. v. Forcing or inciting the factory/employer to conduct unnecessary tests for the purpose of gaining profit on the DKP's part (there is a conflict of self-interest). vi. Unable to provide clear justification as to why the tests were not conducted (Justification must be obtained from reliable reference books and Occupational/Environmental Health Journals). vii. Found to have failed to carry out the duties as a DKP as per USECHH 2000 regulations and Medical Surveillance Guidelines. viii. Refusing to cooperate with DOKKP (Ministry of Human Resources) officers when requested. ix. Found to be inactive in carrying out occupational safety and health work. x. Has ceased to be a Medical Practitioner. xi. Failing the interview session by DOSH officers. xii. Found not eligible to be registered as a DKP. xiii. For certain reasons, subject to the instructions of the Director General of DOSH. xiv. Has passed away. |
| What occupational diseases and occupational poisonings need to be reported to DOKKP? Occupational diseases and occupational poisonings that must be reported to DOSH are listed under the Third Schedule (Occupational Poisonings and Occupational Diseases) in the Occupational Safety and Health (Notification of Accidents, Dangerous Occurrences, Occupational Poisonings and Occupational Diseases) Regulations 2004. These regulations can be downloaded via the link below:- https://dosh.gov.my/index.php?option=com_docman&task=doc_download&gid=521&Itemid=181&lang=en |
| How to report an occupational poisoning or occupational disease to DOKKP? Reporting occupational poisoning or occupational disease can be done by filling in DOSH Form 7 (Report on Occupational Poisoning/Occupational Disease) and submitting it to the nearest DOSH State/Branch office. This form can be found from the link below: – https://dosh.gov.my/index.php?option=com_docman&task=doc_download&gid=501&Itemid=941&lang=en Online notification of occupational diseases and poisoning (eJKKP7) is available on the website: http://ejkkp7.dosh.gov.my/ejkkp7 |
| Who needs to report an occupational poisoning or occupational disease to DOSH? Employers of employees or every registered medical practitioner or medical officer who treats, or is called to visit a patient who is believed to be suffering from an occupational poisoning or occupational disease must report such occupational poisoning or occupational disease to DOSH. |
| Which industry sectors need to report occupational poisoning or occupational disease? The requirement to report occupational poisoning or occupational disease covers the industries specified in the First Schedule, Occupational Safety and Health Act 1994 (OSHA 1994) as listed below: – 1. Manufacturing 2. Mining and Quarrying 3. Construction 4. Agriculture, Forestry and Fisheries 5. Facilities (Electricity, Gas, Water and Cleaning Services) 6. Transport, Storage and Communication 7. Wholesale and Retail Trade 8. Hotels and Restaurants 9. Finance, Insurance, Real Estate and Business Services Public Service and Statutory Authorities |
| How quickly should a case of occupational poisoning or occupational disease be reported to DOSH? Any occupational poisoning or occupational disease must be reported to the nearest state/branch DOSH office within 7 days (seven days means seven calendar days, including holidays falling within the seven-day period). |
| How to determine whether a case of poisoning or illness needs to be reported and recorded? The decision-making process generally consists of five steps: Step 1:To determine whether a case has occurred, that is, whether there has been a death, dangerous occurrence, poisoning, disease or injury. Step 2:To ensure that the case is work-related, resulting from an event or exposure in the work environment. Step 3:To determine whether the case is an accident, dangerous occurrence, occupational poisoning or occupational disease. Step 4:And if the case is occupational poisoning or occupational disease, then reporting is done using Form DOKKP 7, record and check the appropriate category of occupational poisoning or occupational disease on Form DOKKP 8. Step 5:Or if the case is a death, serious bodily injury or dangerous incident, report the case immediately through the fastest method, then submit a written report using the DOSH 6 form within seven days together with other case records in the DOSH 8 form. Further information on notification of accidents, dangerous occurrences, poisonings and occupational diseases can be found in the guidelines from the link below: – http://ejkkp7.dosh.gov.my/eJKKP7/Bantuan/SafetyPamplet |
| What diseases/hearing disorders related to occupational noise need to be reported to DOSH? Noise-related hearing diseases/impairments are subject to the Occupational Safety and Health (Notification of Accidents, Dangerous Occurrences, Occupational Poisonings and Occupational Diseases) Regulations 2004 and the Factories and Machinery (Noise Exposure) Regulations 1989. For this purpose, noise-induced hearing loss (NIHL), hearing impairment, permanent standard threshold shift and acoustic trauma arising from noise exposure at work must be notified to the nearest state branch of the DOSH office. |
| What forms are required to report Medical Surveillance? The forms required to be filled out are: USECHH 1– To be given to the employer and a copy to be kept by the Occupational Health Doctor (DKP). USECHH 2– To be given to the employer. USECHH 3– To be given to the employer. USECHH 4– To be given to the employer and a copy to be sent to the Occupational Health Division, DOKKP USECHH 5i and 5 ii – If there are any abnormal results related to the medical surveillance conducted, the DKP must submit a copy together with USECHH 4. |
| What are the fees charged to employers for conducting Medical Surveillance? The Department does not set the fee rate for Medical Surveillance. It is based on market demand. One of the recommended ways is to consult with Occupational Health Physician practitioners on how they charge their clients for Medical Surveillance conducted. Apart from that, Occupational Health Physicians can also use the 2013 Medical Fee Schedule Guidelines issued by MMA. |
| What is the National Council for Occupational Safety and Health? The National Council for Occupational Safety and Health (MNKKP) under the Ministry of Human Resources is the highest body responsible for determining the direction and national policy regarding occupational safety and health in Malaysia. It was established by the Minister of Human Resources in 1995 in accordance with the requirements of Section 8, Occupational Safety and Health Act 1994, (Act 514). MNKKP was established as a continuous effort by the government to make all workplaces in Malaysia safe while also improving the level of safety and health of workers, thereby making safe and healthy work practices part of the culture of Malaysians, the implementation of which is based on the tripatism process. |
| What is the function of the National Council for Occupational Safety and Health? MNKKP carries out its functions by discussing, studying and investigating through the tripartite process and subsequently submitting proposals to the Minister of Human Resources, in relation to matters consistent with Act 514, for the purpose of improving the level of safety and health in all industrial sectors and, without prejudice to the broad meaning of the provisions of Act 514, in the following matters: Namely: i. Changes that it considers appropriate to occupational safety and health legislation; ii. Development of administration and enforcement of occupational safety and health legislation; iii. Promote cooperative and consultative relations between management and labor regarding the safety, health and welfare of female workers, disabled people and other groups in society; iv. Establishment of adequate control methods for industrial chemicals in the workplace; v. Statistical analysis of work-related deaths and injuries; vi. Provision of healthcare facilities at the workplace; vii. Promoting the development and adoption through legislation of industrial codes of practice relating to occupational safety, health and welfare; viii. Development of rehabilitation plans and facilities to assist people injured at work. |
| Who are the members of the National Council for Occupational Safety and Health? MNKKP was established under the provisions of the Occupational Safety and Health Act, 1994. According to this Act, the membership of MNKKP Members consists of not less than twelve (12) people and not more than fifteen (15) people appointed by the Minister of Human Resources. The membership consists of:- i. three (3) people from the organization representing employers ii. three (3) people from organizations representing employees iii. three (3) or more persons from the Ministry or Department whose responsibilities relate to occupational safety and health iv. three (3) or more persons, of whom at least one is a woman from an organization or professional body whose members' activities are related to occupational safety and health and who in the opinion of the Minister of Human Resources can contribute to the MNKKP |
| What are the requirements for membership in MNKKP? A person or organization may nominate its members to be members of the National Council for Occupational Safety and Health, if it does not meet the following requirements:- i. a person found or declared to be of unsound mind ii. a bankrupt person iii. a person who has been convicted of any offence involving fraud, dishonesty or moral turpitude, or any offence relating to occupational safety and health under any law made thereunder. iv. A person who is unable or incapable of performing the functions of a member of the National Council for Occupational Safety and Health |
| Where can an appeal be made to resolve the issues of aggrieved persons appealing against an order issued by the Director General of DOSH? Appeals can be submitted to the MNKKP and will be brought to the MNKKP meeting. The decision on the appeal will be notified to the appellant as soon as the meeting members have decided. |
| What is SSI? SSI is a special risk-based inspection scheme where the scheme period is for 150 months and certificates of qualification for up to 75 + 75 months can be granted to manufacturers of time-based pressure machinery. The SSI regulations came into force on 1 June 2014 and participation from the industry is voluntary. |
| Can I apply for SSI? All industries can apply for SSI. Applications must be made in writing, accompanied by a processing fee of RM 50,000 and sent to DOSH at least 6 months before the expiry of the qualification certificate. |
| What is the SSI approval process like? After the application is received from the industry, the DOSH will conduct an audit of the RBI system at the applicant's premises based on Part 3 of the SSI Regulations. If all the requirements in Part 3 of the SSI Regulations are complied with, the applicant will be granted an SSI certificate for 150 months for the machinery on the list applied for only. Internal inspections will be conducted by the state office with a maximum qualification certificate that can be granted for up to 75 months. |
| Can I add other machinery to the list of SSI machinery applied for or replace it with new machinery? No. Scheme approval is given only to the list of machinery applied for. Any additions or substitutions are not permitted. |
| Can newly installed machinery continue to apply for the SSI Scheme? No. Section 14(a) of the SSI Regulations states: data from at least three turnarounds is required, namely 1 initial inspection and 2 repeat inspections or 14(c): If RBI data is not collected during at least 3 turnarounds, then the applicant may collect data every six months for a period of not less than eighteen months. Using any other means as determined by the chief inspector. |
| Can the SSI Scheme be registered for the same factory but different addresses? No. One scheme for one address only. But if various plants in the same address can be registered in one scheme. |
| Is the SSI Scheme void if a company changes ownership but the machinery registered under the scheme still remains with the company? The scheme will not be cancelled as the machinery is still operating at the same location as registered in the scheme. However, any change in company ownership must be notified to DOKKP. |
| Can risk-based inspections be carried out by external parties? The inspection must be carried out by the RBI team from the applicant's own company. |
| Can improvements be made to the RBI methodology? Same methodology but improved RBI version is allowed. Conversion from one methodology to another is not allowed. |
| Does DOSH certify any software available on the market to support SSI applications? There is no software that needs to be certified. All RBI methodologies and systems are eligible to be used to apply for SSI. |
| Contact person for SSI: Name: Othman bin Jalil Extension No.: 5337 Email: othman@mohr.gov.my Name: Shafiee bin Abdullah Extension No.: 2370 Email: shafiee@mohr.gov.my Name: Muhammad Taufik bin Mustafa Extension No.: 5336 Email: muhdtaufik@mohr.gov.my Name: Ahmad Shah Heermie bin Abu Bakar Extension No.: 5341 Email: ahmadshah@mohr.gov.my Name: Kumaran a/l Shanmugam Extension No.: 5298 Email: kumaran@mohr.gov.my |
| What is OSR-MS? OSR-MS stands for Offshore Self Regulation Management System, introduced by Malaysia Petroleum Management (MPM), PETRONAS and agreed by Department of Occupational Safety and Health (DOSH) for managing and sustaining safe operation to the offshore facilities by integrating AIR management system and health and safety management system. PIC Name : Ir. Ahmad Zaidi Bin Md Din PIC Email: ahmadzaidi@mohr.gov.my PIC Contact No. : 03-88866440 |
| Where can I get more information about OSR-MS? For more information regarding OSR-MS can contact directly to Malaysia Petroleum Management (MPM), PETRONAS. PIC Name : Ir. Ahmad Zaidi Bin Md Din PIC Email: ahmadzaidi@mohr.gov.my PIC Contact No. : 03-88866440 |
| Contact Person for OSR-MS Name: Ir. Ahmad Zaidi Bin Md Din Phone Number.: 03-88866440 Email: ahmadzaidi@mohr.gov.my |
| Where can I get a course to enable me to register as a Ergonomics Trained Person (ETP)? Courses can only be followed through Teaching Centres that have been granted permission by the Department of Occupational Safety and Health (DOSHA) to conduct Ergonomic Management Courses (Ergonomics Management Course) |
| Where can I find a list of Teaching Centers that have been granted permission by DOKKP to conduct Ergonomic Management Courses? The list of names of authorized Teaching Centers can be found on the Department's website https://dosh.gov.my/index.php/en/list-of-documents/recognized-list/3164-pusat-pengajar-yang-diberi-kebenaran-mengendalikan-kursus-pengurusan-ergonomic-untuk-ergonomic-trained-person/file |
| How to register as Ergonomics Trained Person (ETP)? Applicants must pass the course assessment test given by the Teaching Centre and registration as an ETP is through the Teaching Centre where the registration application form is submitted by the Teaching Centre to DOKKP. |
| Is there a person Ergonomics Trained Person (ETP) who has been registered on the Department's website can only conduct ergonomic risk assessments for their employer? An ETP who has been registered on the Department's website can conduct ergonomic risk assessments independently of his/her employer. However, this is subject to any conditions with his/her employer. |
| Is a person who has followed the Ergonomic Management Course through a Training Centre before the training centre has received permission from the Department to conduct the course, allowed to register as Ergonomics Trained Person (ETP)? A person who has taken the Ergonomic Management Course before the teaching center receives permission from the Department to conduct the course is NOT eligible to be registered as Ergonomics Trained Person (ETP). |
| Has anyone taken the Initial course? Ergonomics Risk Assessment (Initial ERA) allowed to conduct assessments for Advanced Ergonomics Risk Assessment (Advanced ERA)? A person who attends the Initial ERA course can only conduct the Initial ERA and cannot conduct Advanced ERA. |
| Is it permissible for someone who has attended the Ergonomic Management Course to submit any reports late? assessment to the teaching center to enable him to graduate as Ergonomics Trained Person (ETP)? A course participant must follow all the conditions set by the Teaching Centre to be eligible to pass as an ETP, for which a period of one month is given for submission of the assessment report to the Teaching Centre. The Department is not responsible for any delay in submission of the assessment report which may affect being listed as an ETP. |
| How long does it take to approve a registration application? Ergonomics Trained Person (ETP) which has been registered on the Department's website? So far, there is no approval period for ETP registration applications on the Department's website. |
| How much is the fee for each Ergonomic Management Course? The department is not responsible for any fees set by the Teaching Centre. Participants must contact the Teaching Centre that has been authorized by the Department to find out information about the Course fees. |
| Is Ergonomics Trained Person (ETP) Need to renew your registration as an ETP? Ergonomics Trained Person (ETP) is known as Recognized Person and not Competent People (OYK). |
| Is Ergonomics Trained Person (ETP) Need to renew your registration as an ETP? To date, no renewal process has been carried out on the ETP. |
| What are the conditions for someone to be listed as Ergonomics Trained Person (ETP)? The conditions for a person to be listed as an ETP are; i. Malaysian citizen; ii. Have attended the Ergonomic Management Course, namely Initial Ergonomics Risk Assessment and/or Advanced Ergonomics Risk Assessment by a Teaching Centre that has been granted permission by the Department; and iii. Pass the Course assessment provided by the Teaching Centre which has been approved by the Department, including but not limited to written test assessment and report assignment assessment. |
| What are the duties and responsibilities of a Ergonomics Trained Person (ETP)? Duties and responsibilities Ergonomics Trained Person is; i. Conduct ergonomic risk assessments in the workplace according to standards set by the Department; ii. Propose control measures that need to be implemented by employers to reduce and control employee exposure to ergonomic risks; iii. Provide a complete ergonomic risk assessment report; and iv. Present the assessment results and submit a complete assessment report to the employer. |
| What are the academic qualification requirements as Ergonomics Trained Person (ETP)? So far, there are no specific academic qualification requirements set as ETP. However, ETP refers to any Responsible Officer appointed by the employer. |
| How long does an Ergonomics Trained Person (ETP) need to prepare an ergonomic risk assessment report that has been conducted at the workplace? There is currently no specific time frame for an ETP to prepare an ergonomic risk assessment report. However, ETPs are encouraged to prepare the assessment report within 30 days of the assessment being conducted, taking the approach of the reporting period for other OYK Competencies. |
| 1. What are the laws related to KPD approval? The legislation relating to obtaining KPD approval is as stipulated in the Occupational Safety and Health Act 1994 and the regulations under it, namely the Occupational Safety and Health (Use and Standards of Exposure to Chemicals Hazardous to Health) Regulations 2000 and the Occupational Safety and Health (Noise Exposure) Regulations 2019. |
| 2. How does DOSH help and encourage the KPD industry to comply with DOSH approval requirements? DOSH will study the following matters – (a) Phased approach to reduce industry burden (b) Allow grouping of products of the same type. (c) Reduce the burden on the industry in terms of cost (product testing & factory audits) and time. |
| 3. What is the scope of DOSH approval? It involves all PPE products used in the workplace, including imported and locally manufactured PPE products. |
| 4. What types of KPD require DOSH approval? The types of PPE that require approval from the Director General of DOSH include respiratory, body, hearing, eye, hand, foot, and head protection in accordance with the requirements of the Occupational Safety and Health (Use and Standards of Exposure to Chemicals Hazardous to Health) Regulations 2000 and the Occupational Safety and Health (Noise Exposure) Regulations 2019. |
| 5. When is the enforcement date of the approved KPD? The enforcement date is as follows: Head and leg protectors - starting 1 June 2020 Respiratory protection (particulate filter) – starting 1 June 2021 Body protection (Harnesses and accessories) – starting 1 June 2021 Other types of KPD - starting 1 June 2022 Respiratory protection (other than particulate filter) Hearing protectors Eye protection (chemical hazards) Hand protection (chemical hazards) Body protection (chemical hazards) Employers must ensure that all PPE used in the workplace has a DOSH-SIRIM certification label. The requirement for PPE suppliers or manufacturers to obtain DOSH-SIRIM approval was introduced by DOSH in 2016. |
| 6. What happens to the KPD that is currently used without DOSH approval? KPD without DOSH approval is allowed to be used until the expiration date. Purchases of KPD after that must have DOSH approval with the DOSH-SIRIM label. |
| 7. How do I apply for KPD approval with DOKKP? Please refer to https://mykkp.dosh.gov.my/> Log in to MySKUD > Personal Protective Equipment (KPD) Registration and Renewal. For more information, please refer to the DOSH-SIRIM approval flowchart. |
| 8. Where can I get a list of approved KPDs? Please refer to the website https://dosh.gov.my> OSH Information Center> List of Approvals and Permissions or go directly to this link https://dosh.gov.my/index.php/recognized-list |
| 9. What is the method for obtaining a product certification license from SIRIM QAS International Sdn. Bhd.? Please refer to the website http://www.sirim-qas.com.my or go directly to this link https://www.sirim-qas.com.my/our-services/product-certification/personal-protection-equipment-scheme / |
| 10. Is KPD with CE certification/label from an overseas third-party testing body equivalent to SIRIM testing? Currently, DOSH only recognizes product certification licenses and test reports from SIRIM QAS International Sdn. Bhd. only. |
| 1. Is the ICOP enforced immediately or given grace period before full implementation? ICOP comes into effect immediately in line with the coming into force of the OSH (Noise Exposure) Regulations 2019. |
| 2. Does the Noise Hazard Identification Checklist need to be completed by each section in the workplace or is the use of just one checklist sufficient to represent each workplace? Employers must conduct an identification of excessive noise for each area in the workplace according to the type of work activity/process. The total checklist filled out must cover all work processes or activities. |
| 3. Do employers need to determine the category of excessive noise using measuring devices during the excessive noise identification process? The use of measuring instruments is not required. Employers only need to conduct an assessment by completing the Noise Hazard Identification Checklist as specified in ICOP 2019. |
| 4. Can smart device applications be used as preliminary readings by employers? The use of measuring instruments is not required for excessive noise identification as the questions listed in the Noise Identification Checklist are qualitative assessments. However, readings from smart applications can be an initial indicator for employers to assess the effectiveness of control measures to be implemented. |
| 5. Does excessive noise identification need to be carried out every year? Annual re-identification of excessive noise only needs to be carried out for areas that were identified as not being exposed to excessive noise in the previous identification. |
| 6. If the results of the excessive noise identification show that only a portion of the workplace has excessive noise, does a noise risk assessment need to be carried out in that area only? Yes, only areas identified as having excessive noise need to have a noise risk assessment carried out. |
| 7. There are 10 process sections in factory A. When the identification of excessive noise was carried out, it was found that only 6 sections had a risk of excessive noise while the other 4 sections were found to have no risk of excessive noise. What further actions should the employer take to ensure compliance with the Noise Exposure Regulations 2019? Does the PBB need to be carried out every year or does the employer need to carry out a noise risk assessment to cover all process sections? Employers must conduct an annual re-identification of excessive noise for 4 areas that do not have a risk of excessive noise, while 6 areas that have a risk of excessive noise must undergo a noise risk assessment. |
| 8. There have been changes in the workplace and the results from the re-identification of excessive noise have found that excessive noise still exists. a) Does a noise risk assessment need to be carried out at the location? Yes, a reassessment needs to be carried out because the latest exposure may be different from the previous one. b) When should a reassessment be carried out? Within one month after the re-identification of the noise hazard. |
| 9. Is it possible to stop identifying excessive noise each year once there is no noise risk in the workplace? Re-identification of excessive noise is to review and re-assess the possibility of continuous noise risk exposure within the specified frequency. To date, there is no legal provision that states that PBB can be discontinued once there is no noise risk in the workplace. |
| 10. The employer conducted a noise risk assessment in 2021. After making engineering control improvements to the machinery, the employer has successfully reduced noise to levels below the noise exposure limit (NEL). a) Do employers need to conduct a re-identification of excessive noise after the noise risk has been reduced under the NEL? In principle, annual re-identification of excessive noise is not required as an assessment has been carried out for areas identified as having noise risks. However, employers are required to carry out a re-identification of excessive noise following changes as stipulated in Regulation 3(2)(a). b) If the re-identification of excessive noise carried out still shows a risk of excessive noise, does a noise risk assessment need to be carried out? Yes, a risk assessment must be carried out unless the reduction of noise to a level below the NEL has been confirmed through a noise risk assessment in the area/SEG involved once the control improvements are implemented. |
| 11. Can all Noise Competent Persons (NOCs) who have been registered under the Factories & Machinery (Noise Exposure) Regulations 1989 carry out noise risk assessments? The assessment must be carried out by a Noise Risk Assessor registered with the Department. Only OYKs who have attended and passed the Transition for Noise Competent Person Course are allowed to carry out noise risk assessments. The list of names of the Noise Risk Assessors can be checked via the Department's website at https://dosh.gov.my/direktori.oyk/#pb |
| 12. How is noise mapping done for activities such as agriculture or logging that use machinery? For example, tree felling work. Noise mapping is carried out based on the distance from the noise source. In this case, the distance from the machinery/machinery being used. |
| 13. Does a copy of the assessment report need to be sent to DOSH? Only a brief assessment report needs to be sent by the noise risk assessor to DOKKP via the MyKKP system. |
| 14. Are there SMEs that carry out work based on current demand, for example companies die-cast which operates twice a month need to carry out a noise risk assessment? Necessary. Noise risk assessments are carried out while the company is operating/activities are being carried out. |
| 15. If the noise risk assessment report is more than 5 years old, does the identification of excessive noise need to be re-conducted? There is no need to re-identify excessive noise. As stipulated in Regulation 4(8)(a), employers are required to conduct a review of the noise risk assessment. |
| 16. We have a sound level meter unit that has been calibrated by a laboratory with a 2-year calibration certificate. However, the laboratory has not yet been accredited. Is this unit still operable? Equipment calibrated in laboratories that have not yet been accredited before the date of ICOP approval notification (5 August 2019) can only be used for a period of 12 months from the date of calibration. The calibration validity period of each equipment is 12 months from the date of calibration as stated in paragraph 7.2.2 of ICOP. |
| 17. How are assessment results notified to employees? The method of notifying the assessment results to the employee is up to the employer. The method of notification must comply with subregulations 4(6) and 5(1). |
| 18. Does the noise risk assessor (NRA) need to submit the assessment report in the form of hard copy or softcopy? Has any determination been made by the Department? There is no stipulation by the Department. The form of reporting depends on the agreement between the employer and the NRA. |
| 19. Can noise risk assessments be conducted generically for workplaces with similar noise exposure and control? To date, the Department has not issued permission for employers to conduct generic noise risk assessments. However, employers can submit applications and proposal papers to the Department for consideration and approval. |
| 20. Is the employer obliged to implement the engineering noise control recommended by the noise risk assessor in the NRA report? The employer must implement the recommended control measures by the noise risk assessor as stipulated in regulation 4(7). However, before implementing the engineering control measures, the employer must carry out a practical assessment of the control measures as stipulated under regulation 6(4) to identify the type, specifications, costs and other relevant aspects of the engineering measures to be implemented. |
| 21. Where can training related to the OSH (Noise Exposure) Regulations 2019 and ICOP 2019 be obtained? Training can be attended at any training provider that offers the course. |
| 22. Who can provide training to employees as per regulation 5? Employers can appoint any party that can conduct training for employees which includes: a) Occupational Safety and Health (Noise Exposure) Regulations 2019; b) Effects on hearing due to noise exposure; c) Purpose and benefits of hearing conservation (HCP); d) Purpose of using PHP, advantages, disadvantages and minimization of various types of PHP as well as instructions and information on its selection, use and maintenance; e) The purpose and procedure of the audiometric test, including instructions before the test; f) Explanation of audiometric results and preventive measures; and g) Workplace noise control plans and programs. |
| 23. Is it sufficient to just place warning signs in the hearing protection zone? No. The area should be marked as a 'HEARING PROTECTION ZONE', and should be marked and identified with appropriate warning signs. |
| 24. The work area is not practical to place warning signs. What should be done? Among the methods that can be implemented are: a) place a clearly visible warning notice on tools and equipment stating that personal hearing protection (PHP) must be worn when operating them; b) provide written and verbal instructions on how to identify situations that require the use of PHP; and c) effectively supervise identified hearing protection zones. |
| 25. There are several areas in the workplace that have monitoring results that exceed the Noise Exposure Limit. However, the monitoring results from these areas show that no workers are exposed to daily noise exposure levels, (LEX.8h) that exceed the Noise Exposure Limit. Do these areas also need to be marked with warning signs? Yes, because the Hearing Protection Zone refers to areas where workers may be exposed to Noise Exposure Limits. |
| 26. How is the Hearing Protection Zone determined, is it based on the results of area monitoring or self-monitoring? Referring to paragraph 11.5.1 of the ICOP, the designation of Hearing Protection Zones is based on the results of noise mapping during Area monitoring. |
| 27. If there is an unregistered Audiometric Testing Center (PUA), what action will be taken against the PUA? Any unregistered PUA is not allowed to conduct audiometric tests for the purpose of compliance with subregulation 9(1). |
| 28. Does an occupational health doctor (OHD) need to be present during audiometric testing? No. However, OHD is responsible for ensuring that audiometric testing is performed by audiometric technicians in accordance with procedures and legal requirements. |
| 29. I (OHD) have diagnostic audiometry done at my clinic. Do I still need to do the tuning fork test (tuning fork) for employee medical examinations? No need. |
| 30. What is a pre-employment audiometric report (pre-employment) is accepted as the baseline audiogram (baseline)? Acceptable under the following conditions: a) Done by the current employer b) Done within 3 months prior to exposure to NEL c) Meet all regulatory and ICOP requirements for audiometric testing (Ex: registered PUA, 14 hour silence period etc.) |
| 31. Can I use a questionnaire for audiometric testing other than the one provided in ICOP? Acceptable under the following conditions: a) Done by the current employer b) Done within 3 months prior to exposure to NEL c) Meet all regulatory and ICOP requirements for audiometric testing (Ex: registered PUA, 14 hour silence period etc.) |
| 32. What is the audiometric test performed by OHD for the first time for an employee to be accepted as a baseline audiogram (baseline)? No. Baseline audiometric testing is up to the employer. It is the employer's duty to ensure that audiometric testing is carried out within 3 months of the employee starting work in any area of the workplace exposed to NEL. Examples of situations are as follows:- Situation • Employees who have never worked before, have been hired in an area with NEL – Baseline Audiometric Testing Required • Employee working in one area without NEL, moves to another area with NEL in the same company- Needs Baseline Audiometric Testing • Employee working in an area with NEL in one company, moves to an area with NEL in another company - Baseline Audiometric Testing Required • Employee working in one area with NEL, moving to another area with NEL within the same company- Needs Baseline Audiometric Testing |
| 33. How do I replace a baseline audiogram with an annual/ repeat audiogram? The baseline audiogram should be replaced with an annual audiogram or repeat test if the annual audiogram or repeat test shows: a) STS remains; or b) improved hearing threshold compared to baseline audiogram on 2 or more test repetitions. |
| 34. For baseline audiometric tests for employees with a tenure of less than 3 months, do abnormal results need to be referred to the OHD and does the OHD need to submit a notification to the DOSH? A medical examination by OHD is required. However, there is no need to submit a notification to DOKKP. |
| 35. Who decides to stop audiometric testing? Audiometric tests should be conducted as long as employees work in workplaces that exceed permissible noise exposure limits. |
| 36. If IHD does not report a case of occupational disease, what action will the department take? OHD may be subject to penalties for violations of regulation 9(6). |
| 37. Employer Y sent his employees for an annual audiometric test in September 2021. There was an employee who had STS and needed to have a repeat test within 3 months. The employer had the repeat test for the audiogram done in January 2022. a) Can the audiometric test conducted in January 2022 be considered a repeat test? The audiometric test conducted in January 2022 is an annual audiometric test as it is conducted in the following year. The employer is deemed to have committed an offence under Regulation 9(9)(a), Occupational Safety and Health (Noise Exposure) Regulations 2019 b) Can Occupational Health Doctor (OHD) using the January 2022 audiogram to determine the Permanent Standard Threshold Shift (STS)? OHD cannot use the January 2022 audiogram to determine Permanent STS. Note: All audiometric tests must be completed in the same year as the interpretation of 'annually' in the Occupational Safety and Health (Noise Exposure) Regulations 2019 refers to the Interpretation Act 1948 and 1967 (Act 338) which is a year based on the Gregorian calendar. Therefore, employers are required to commence the annual audiometric testing process at the beginning of the year to meet this interpretation. |
| 38. Employer Z sent his employee for an annual audiometric test in February 2021. There is an employee who has STS and needs to have a repeat test within 3 months. The employer had the audiogram retested in July 2021. Can OHD use the July 2021 audiogram to determine the Permanent STS? The audiogram obtained in July 2021 can be used in the determination of Permanent STS as it was implemented in the same year. However, the employer is considered to have committed an offence under Regulation 9(9)(a), Occupational Safety and Health (Noise Exposure) Regulations 2019 for not conducting a repeat test more than 3 months later. |
| 39. An Audiometric Testing Centre (PUA) has appointed more than one OHD to interpret audiograms and conduct medical examinations on employees with abnormal audiograms in a company. Do the audiometric test reports need to be prepared separately according to the OHD? No. PUA does not need to prepare a separate report according to OHD. Audiometric test reports are based on the audiometric test date for a company, not based on OHD. However, the audiogram interpretation process and medical examination for an employee must be carried out by the same OHD. |
| 40. When the OHD conducted a medical examination on an employee with an abnormal audiogram, he found that the employee had a hearing impairment, but the employee was not included in any Similar Exposure Groups (SEG) that had noise exposure exceeding the Noise Exposure Limit (NEL). Does the PUA need to include the employee in the audiometric test report? The audiometric test report provided under the Occupational Safety and Health (Noise Exposure) Regulations 2019 is only for workers exposed to noise above the NEL. Therefore, for employers who send workers who are not exposed to noise above the NEL, PUA is advised to provide a different report. |
| 41. Employer Y has sent employees to undergo annual audiometric testing at PUA Z. There are several employees who have STS and need to undergo repeat audiometric testing within 3 months. Can Employer Y send those employees to undergo audiometric testing at another PUA? Yes. Employer Y is allowed to send the employees to undergo repeat audiometric testing at another PUA. In the case of Permanent STS, the medical examination must be conducted by the same OHD who interpreted the repeat audiogram. However, it is encouraged for the employer to send the employees to the same PUA that conducted the previous audiometric testing to avoid significant differences in test results. |
| 42. OHD A has performed audiogram interpretation for employees at Company Y. However, OHD A is unable to perform medical examinations on employees with abnormal audiograms for certain reasons (OHD A is too busy, has passed away, or is no longer active as an OHD, and other reasons). Can the PUA appoint another OHD to perform medical examinations on those employees? No. If the cases as stated occur, the PUA must ensure that the newly appointed OHD re-interprets the audiograms of the employees at no additional cost to the employer and then conducts a medical examination on the employees who have abnormal audiograms. Based on paragraph 13.4.1 of the ICOP, the interpretation of the audiogram and the medical examination of an employee must be carried out by the same OHD. |
| 43. What is meant by 'the employer has fulfilled its responsibility in ensuring that all employees exposed to noise above the NEL have undergone audiometric testing'? An employer is considered to have fulfilled its responsibility in ensuring that all employees exposed to noise above the NEL have undergone audiometric testing when; a) All workers exposed to noise above the NEL have undergone audiometric testing; b) All employees who were directed to undergo repeat audiometric testing, were sent to undergo the test; and c) All employees with abnormal audiograms have undergone medical examinations. |
| 44. Employer Y has sent his employee for an audiometric test at a PUA that is not registered with DOSH. Can the results of the audiometric test be used by the employer in carrying out his responsibilities regarding audiometric testing? The results of the audiometric test cannot be used and are considered invalid. |
| 45. Does PUA need to have equipment to conduct audiometric tests? diagnostics? There is no requirement under existing provisions. |
| 46. Please provide further explanation regarding the improved audiogram (reversed STS/negative STS). (ied: Retest methods, Medical Examination requirements, and notification requirements). For the case reversed STS, the repeat test must be performed within 3 months from the date of the annual audiometric test. When reversed STS has been confirmed by repeat audiometric testing, the baseline audiogram should be replaced with an annual or repeat audiogram (whichever is better for the hearing threshold). There is no need to perform a medical examination in this case as no 'hearing problem' is identified based on the interpretation of the audiogram. However, the employer and OHD must notify the Department when reversed STS occurs. |
| 47. PUA/OHD has requested the employer to provide them with the Risk Assessment Report and Audiometric Test Report of the previous year when the audiometric test was carried out. Is it mandatory for the employer to provide them with these reports? Yes, employers are required to provide these reports to PUA/OHD upon request. This is in accordance with Articles 13.2.8 and 13.2.9, Industry Code of Practice for Occupational Noise Exposure Management and Hearing Conservation 2019. |
