Issues and Challenges in Implementing Osha 19994 and Fma 1967 at the Workplace
By: Thevan • February 20, 2016 • Coursework • 1,677 Words (7 Pages) • 1,867 Views
ISSUES AND CHALLENGES IN IMPLEMENTING OSHA 19994
AND FMA 1967 AT THE WORKPLACE
OSH LEGISLATION (LAW1204)
- NAME : THEVAN A/L RAMU
- ID.NO : DOSHM0173001265
- BATCH : 26G1
- LECTURER : MADAM AMIRA BINTI ABDUL RAHMAN
INTRODUCTION
Construction industry is the process of preparing for and forming buildings and building systems which starts with planning, design, and financing and continues until the structure is ready for occupancy. Despite its growth and healthy contribution to the GDP, Malaysian construction industry is under constant pressure to improve its performance. Construction industry is among the highest accident rate and fatalities industry in Malaysia occupational rankings.
In Malaysia, at (A’Famosa Golf Resort) Jalan Kamus, Pulau Sebang, 78000 Alor Gajah, Malacca, as a part of Golf course deveploment. One of the cases involving construction industry accident was the, a young worker, Abdul Ridzuan Bin Muhd Talib, 21 years old, was standing on a section of pipe in an unsloped, unshored trench about 6.5 feet deep. He was waiting for another worker to deliver a new section of pipe by excavator. The worker's supervisor noticed water at the bottom of the trench, about 6 to 10 feet from the worker, and told him to get out. The worker stepped off the pipe into the trench to retrieve a laser stick before exiting the trench. At that moment, part of the trench wall collapsed, burying the worker fully and caused serious injuries and dead by suffocate
This analysis looks at why the trench wall collapsed and why Worker was in the trench during the collapse. It caused by :
- Sloping and shoring requirements
- Engineering requirements
- Vibration and hydrostatic pressure
- Groundwater
- Undermining and sloughing
- Spoil piles
The investigation found that the trench was not sloped, shored, or engineered according to the Occupational Health and Safety requirements. In addition, groundwater contributed to hydrostatic pressure. This, in turn, created undermining and sloughing of the trench walls until the soil gave way and the collapse occurred.
DISCUSSION
The incident happen due to the project developer, contractor, employer and employee failure to comply with this following law regulations : - Factories and Machinery (Building Operations and Works of Engineering Construction)
Safety, Regulations 1986. - Occupational Safety and Health Act (OSHA) 1994.
There are several regulations which covered by BOWEC 1986, where’s the project developer, contractor, employer and the employee should comply with this following regulations :
- Regulation 18 (1) BOWEC 1986 - Public Vehicle Traffic
Working area shall be barricaded and suitable warning signs & warning light shall be set up to direct tfc away from it. Where the excavators, shall be specially conducted by designated persons.
The excavator which used at construction work site must be roadworthy and registered with appropriate authority in accordance with Road traffic Ordinance 1958.
No person shall drive a vehicle of any class in construction work site unless he is holder of driving licence authorizing him to drive vehicle of that class or description.
- Regulation 19, BOWEC 1986 – Stability of structure
No wall, trench or other structure shall be left unguarded in such condition that it may fall, collapse or weaken due to wind pressure, vibration or ground water.
- Regulation 28(1), BOWEC 1986 – General requirements
The Occupational Health and Safety Regulation states that, in the absence of adequate shoring, excavation work must follow the written instructions of a professional engineer if the excavation is subject to vibration or hydrostatic pressure and/or the ground slopes away from the edge of the excavation at an angle steeper than 3 horizontal to 1 vertical. The Owner did not get engineering advice or an engineering plan before starting the excavation because he was unaware of this obligation.
- Regulation 29, BOWEC 1986 – Inspection and supervision
A designated person shall supervise the erection of the trench, make a thorough inspection to ensure the excavation is safe upon the erection of trench and regularly inspect the trench work support during the excavation. Any unsafe condition discovered during the inspections shall be remedied immediately. All records of the inspections at the worksite shall be keep and shall produce them for examination at request of the Inspector. However, the designated person of the company is an incompetent person (local contractor) who fail on basic structure of the trench.
- Regulation 111, BOWEC 1986 - Protection of Public.
All public walkways, sidewalks & thoroughfares bordering on or running through excavation sites shall be provided with guard-rails or board fences. - Regulation 112. BOWEC 1986 - Stability of Structure
Structure shall be supported where nec by underpining, sheet piling, shoring, bracing or other mean made or erected according to design of professional engineer to prevent injury to any workers.
- Regulation 113, BOWEC 1986
No employee shall be permitted to enter any excavated are unless safeguards, shoring, are provided.
- Regulation 99, BOWEC 1986 - Warning Sign.
On every excavation job, danger signs shall be conspicuously posted around the property & all trenches or thorough fares giving access to the property shall be kept barricaded except when being used as passage for workers or equipment. Lights at flares shall be placed on or about all trenches.
In OSHA 1994, there one section the project developer and contractor fail to comply with the Act :
Section 15 (1), OSHA 1994 – General, Duties of Employees and Self-Employed Persons to Their Employees
The contract developer, contractor, and employer must ensure, so far as is practicable, the safety, health and welfare at excavation works of all his employees.
Section 24 (1), OSHA 1994 – General Duties Of Employees at Work
The victim of this imcident should take reasonable care for the safety and health of himself and co-operate with his employer or any other person in the discharge of ant duty or requirement imposed on the employer, further more aso should comply with any instruction or measure on occupational safety and health instituted by his employer or any other person by or under this act or any regulation made thereunder.
Section 19, OSHA 1994 – Penalty
A person who contravenes the provisions of section 15, 16, 17 or 18 shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both. Thus, the project owner and the contractor should be guilty of an offence to contravenes of section 15(1) and be liable for the fine and the imprisonment.
...