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Occupational Safety and Health Act 1994 (OSHA)
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Occupational Safety and Health Act 1994 (OSHA)

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The Occupational Safety and Health Act 1994 (Act 514) is a piece of Malaysian legislation which has been gazetted on the 25 February 1994 by the Malaysian Parliament.

The Occupational Safety and The Occupational Safety and Health Act 1994Health Act 1994

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PART I PRELIMINARY PART II APPOINTMENT OF OFFICERS PART III NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY

AND HEALTH PART IV GENERAL DUTIES OF EMPLOYERS AND SELF-

EMPLOYED PERSONS PART V GENERAL DUTIES OF DESIGNERS,

MANUFACTURER AND SUPLIERS PART VI GENERAL DUTIES OF EMPLOYERS PART VII SAFETY AND HEALTH ORGANISATIONS PART VIII NOTIFICATION OF ACCIDENTS, DANGEROUS

OCCURRENCE, OCCUPATIONAL POISONING AND OCCUPATIONAL DISEASES AND INQUIRY

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OSHA 1994 (ACT 514) - Contents (Continued)

PART IX PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE

PART X INDUSTRY CODES OF PRACTICE PART XI EFORCEMENT AND INVESTIGATION PART XII LIABILITY FOR OFFENCES PART XIII APPEALS PART XVI REGULATIONS PART XV MICELLANEOUS

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First Schedule (OSHA)

Manufacturing Mining and Quarrying Construction Agriculture, Forestry and Fishing Utilities:

Electricity; Gas; Water; and Sanitary Services

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First Schedule (OSHA)-contd.

Transport, Storage and Communication Wholesale and Retail Trades Hotel and Restaurants Finance, Insurance, Real Estate and

Business Services Public Services and Statutory Authorities

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The Factory and Machinery Act 1967 (Act 139) is a piece of Malaysian legislation which was enacted in 1967 as Act No. 64 of 1967 and revised on April 1, 1974 as Laws of Malaysia Act 139. The Act was gazette on February 1, 1970.

The The Factory and Machinery Factory and Machinery Act 1967Act 1967

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The Factory and Machinery Act 1967

The principle of the act is "An Act to provide for the control of factories with respect to matters relating to the safety, health and welfare of person therein, the registration and inspection of the machinery and for matters connected therewith".

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The Factory and Machinery Act 1967

The jurisdiction of the Act only covers less than 20 percent of all working areas in Malaysia, the Malaysia government has enacted the Occupational Safety and Health Act 1994 which covers almost all areas of work within Malaysia.

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The list of regulations under this Act are:

1. Occupational Safety and Health (Employers' Safety and Health General Policy Statements)(Exception) Regulations 1995

2. Occupational Safety and Health (Control of Industry Major Accident Hazards) Regulations 1996

3. Occupational Safety and Health (Safety and Health Committee) Regulations 1996

4. Occupational Safety and Health (Classification, Packaging and Labelling of Hazardous Chemicals) Regulations 1997

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The list of regulations under this Act are:

5. Occupational Safety and Heath (Safety and Health Officer) Regulations 1997

6. Occupational Safety and Health (Prohibition of Use of Substance) Order 1999

7. Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000

8. Occupational Safety and Health (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease) Regulation 2004

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The Occupational Safety and Health Act 1994 The principle of the Act is "An Act to make further provision for securing that safety, health and welfare of persons at work, for protecting others against risks to safety or health in connection with the activities of persons at work, to establish the National Council for Occupational Safety and Health

and for matters connected therewith"

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Part I - Interpretation.

Section 3 “Contract of service” – any agreement whether in oral or in writing and whether express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve his employer as an employee and includes an apprenticeship contract.“Council” – the National Council for Occupational Safety and Health established under Section 8.“Industry” – the public services, statutory authorities or any of the economic activities listed in the First Schedule.“Employer” – means the immediate employer or the principal employer or both.“Occupier” – in relation to a place of work, means a person who has the management or control the place of work.“Place of work” – means premises where persons work or premises used for the storage of plant or substance.

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Part I - Interpretation - continued

Section 3 “Premises” – includes any land, building or part of any building; any vehicle, vessel or aircraft; any installation on land, offshore installation or other installation whether on the bed of or floating on any water and any tent or moveable structure.“Self-employed person” –an individual who works for gain or reward otherwise than under a contract of employment or not he himself employs others.“Plant” – includes any machinery, equipment, appliance, implement or tool, any component thereof and anything fitted, connected or appurtenant .“Substance” –any natural or artificial subtance whether in solid or liquid form or in the form of a gas and vapour or any combination.“Trade union” – any association or combination of workmen or employers within the meaning of the Trade Unions Act 1959.

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Part I - Objectives of the Act.

Section 4 – Objects of the Act:-To ensure the safety, health and welfare of persons at work.To protect person at a place of work other than persons at work.To promote an occupational environment for persons at work which is adapted to their physiological and psychological needs.To provide the means towards a system of regulations and approved industry codes of practice.

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Part IV: General Duties of Employers and Self-Employed Persons

Section 15 – As far as practicable (1) Ensure the safety, health and welfare of all workers while at

work (2) This includes:

a) Making arrangements and maintenance of plants and work system

b) Making arrangements for the use, handling, storage and transportation of the plant and substances (materials).

c) Provision of information, instruction, training and supervision.

d) Provide and maintain workplace / access routes to and from work areas.

e) Provide and maintain work environment with adequate welfare facilities.

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Part IV - Worker Interpretation

Section 15 – Additional Provision.

Includes: Independent contractor engaged by an employer or a self employed person and any employees of the independent contractor.

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Part IV: General Duties of Employers and Self-Employed Persons

Other duties Section 16 - Formulate a written Safety and Health Policy Section 17(1) - Conduct operations without endangering the

safety of others – non-workers and public. Section 17(2) - Provide information to others on business

operations. Section 18 - An occupier of non-domestic premises shall

take measures to ensure that the place of work is/are safe and without risks to health to the persons other than his employees.

Section 19 – A person who contravenes the above section shall be guilty of an offence and shall on conviction be liable to fine not exceeding RM 50K or imprisonment for a term not exceeding 2 years or to both.

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Part IV: General Duties of Employers and Self-Employed Persons

Importance of a Safety and Health Policy

Long term objective

Continuous commitment at all levels of management.

Delegation of task at lower management levels.

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Part IV: General Duties of Employers and Self-Employed Persons

Safety and Health Policy - Statement of intent Safety must be given priority in all daily work activities. Safety is to be integrated into all daily work activities. Safety of workers and others (visitors, guests, outsiders)

are of utmost priority. The company will do anything in its power to avoid and

prevent accidents.

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Part VI: General Duties of Employees

Section 24

Ensure personal safety and that of others.

Cooperate with employer and others.

Properly wear and /or use personal protective equipments that are provided.

Comply to any safety instructions.

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Part VI: General Duties of Employees

Section 25

An Employee:

Who intentionally, recklessly or negligently interfere of misuse anything provided or done in the interest of safety, health and welfare in pursuance of the Act shall be guilty of an offence.

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Part VI: General Duties of Employees

Section 26

The employer may not charge employees for things done or provided in pursuance of this Act.

Section 27

Employer /Trade Union may not discriminate – dismiss, injure or change position of any employee who makes complaint that he is not safe or is risk to health and also exercises his functions as a member of the Safety and Health Committee.

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Part VII - Safety and Health Officer

Section 29 Specific industries gazzetted.

Employ a competent person to act as a safety and health officer.

Specific responsibilities to ensure compliance to the Act and promotion of safe work.

Qualification and training requirements.

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Part VII - Safety and Health Committee

Section 30 To be established if:

There are 40 or more workers. Instructed by Director General

Membership, selection and appointment as prescribed.

Consultation with employer

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Safety and Health Committee Functions

Section 31 To review all safety and health measures that have

been taken.

Investigate issues concerning occupational safety and health and bring to attention of employer.

Other functions may be determined.

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Part VIII: Notification of accidents, dangerous occurrence, occupational poisoning & diseases & inquiry.

Section 32

Employers to inform the nearest Department of Safety and Health office (DOSH).

Registered Medical Practitioners should report to the Director General.

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DURING YOUR PRACTICE

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OUTLINE OF PRESENTATIONOUTLINE OF PRESENTATION

CIDB

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30CIDB

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1. Excavation is man-made cut, cavity, trench or depression in the earth’s surface formed by earth removal.

2. A trench is a narrow underground excavation that is deeper than it is width.

3. Excavations present a range of particular – stability of the soil, the proximity of underground services or the presence of water.

INTRODUCTION :INTRODUCTION :

CIDB

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INTRODUCTION :INTRODUCTION :

4. Factor affecting stability:- Large load Insufficient shoring Vibration High water table.

CIDB

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1. Collapse of side – lack of or inadequate or weak shoring.

2. Workers falling into excavation – lack of barriers or inadequate fencing.

3. Asphyxiation – exhaust gases from plant, machinery and other work process collected at the bottom of excavation.

4. Falling of spoil placed at the edge of excavation.

5. Failure to maintain shoring/support system.

POTENTIAL HAZARDS :POTENTIAL HAZARDS :

CIDB

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1.1. Prior to commencing work:-Prior to commencing work:-

a.a. All the underground services have been located All the underground services have been located and marked.and marked.

b.b. Arrangements for sloping/benching.Arrangements for sloping/benching.

c.c. An adequate supply of suitable.An adequate supply of suitable.

d.d. Safe method is used for putting in and taking out Safe method is used for putting in and taking out support system. support system.

CONTROL MEASURES:CONTROL MEASURES:

CIDB

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Sloping & Benching

CONTROL MEASURES:CONTROL MEASURES:

Shoring

Box shoring

CIDB

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2. The excavation should be inspected daily2. The excavation should be inspected daily

3.Thoroughly examined after explosives Thoroughly examined after explosives have been used, after unexpected falls of have been used, after unexpected falls of materials or adverse weather condition .materials or adverse weather condition .

CONTROL MEASURES:CONTROL MEASURES:

CIDB

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Safe access/igressSafe access/igress

CONTROL MEASURES:CONTROL MEASURES:

Edge protectionEdge protection

Stability of adjacent Stability of adjacent structurestructure

Underground waterUnderground water

Protection against floodProtection against flood

Location of imposed Location of imposed loadsloads

CIDB

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CIDB

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INTRODUCTION:INTRODUCTION:

To achieve proper support of structures are distribution of structural loads to foundations.

The intensity of the loads transferred will not cause shear failure or settlement.

CIDB

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HAZARDS:HAZARDS:

Collapse of pile driving equipment.

Loss of loads- pile being hoisted.

Workers being crushed by loads.

Collapse of kentledge during load test.

Noise.

CIDB

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CONTROL MEASURES:CONTROL MEASURES:

Pile driver/rig – operated by competent operator (well trained and experienced personnel.

All equipment to be inspected daily prior to commencement of work.

Thoroughly examined by approved person at least once in 12 months.

Safety clothing including hard hats, safety shoes, safety glasses and hearing protection.

CIDB

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CONTROL MEASURES:CONTROL MEASURES:

Designated person – in-charge of the work and personally direct and give the operating signals.

If any operating abnormalities are observed, the hammer should be stopped immediately.

All personnel should stay clear of the work area during operations.

CIDB

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CONTROL MEASURES:CONTROL MEASURES:

Designated person should check stability of kentledge or load before commencing the test.

Restricted area.

Only authorized personnel to enter for taking test readings.

Move out as soon as possible after taking the readings.

Fire extinguishers & first aid box must be kept available at all times.

CIDB

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CIDB

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INTRODUCTION:INTRODUCTION:

The term “service” means all underground electricity, gas, water, sewer pipes, telecommunications plant and liquid petroleum services and oil pipelines.

If does not include underground structures such as brick sewers, railway tunnels, etc.

CIDB

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HAZARDS:HAZARDS:

1. Electrical Cables

Damage to live electricity cables.

Fatal burns to the hands, face and body.

Direct electric shock is rare but not impossible.

CIDB

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HAZARDS:HAZARDS:

2. Gas Lines

Damage which causes an immediate escape of toxic gas.

Damage which causes an escape some time later.

CIDB

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HAZARDS:HAZARDS:

3. Water Pipes & Sewer Lines

Damage to water pipes could wash away subsoil and reduce the support for adjacent services, highways and structures.

Further dangers-risks of flooding.

The main danger from damage to a sewer is the possibility of contamination.

CIDB

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CONTROL MEASURES:CONTROL MEASURES:

1. Planning

Obtained pertinent information before excavation work starts.

Indications that buried services exist such as the presence of street lights, illuminated traffic signs, valve pit covers etc.

However the absence of such indications does not necessarily mean that there are no buried services.

CIDB

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CONTROL MEASURES:CONTROL MEASURES:

2. Cables & Pipe Locating Devices

Use suitable cable and pipe locating devices.

Location plan- to determine as accurately as possible the position of traceable underground services in or near the proposed work area.

CIDB

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CONTROL MEASURES:CONTROL MEASURES:

3. Safe Digging Practices

Start with trial holes.

Start digging by using hang tools as necessary to confirm the position of any buried services.

If any service is found, it should be assumed to be live until proved otherwise.

CIDB

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CONTROL MEASURES:CONTROL MEASURES: Obtain written confirmation of disconnection from the

service owner before removing a redundant service.

Services uncovered in an excavation may need to be supported.

If the underground services have been found to be too shallow/the plans or other information have proved to be inaccurate, informed owners before backfilled.

If a underground service suffers damage, informed the owner should immediately.

In the case of electrical cables, gas pipes or high pressure water mains, arrangements made to keep people well clear of the area until it has been repaired or otherwise made safe by the owner.

CIDB

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CIDB

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Collapses of formwork has the potential for severe injury and death.

INTRODUCTIONINTRODUCTION

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1. Erection of Falsework

Collapse due to poor design or poor erection (not complying with approved design and drawings.

Poor access – slips and falls, abrasions, strains and sprains.

Fall from the edge of floor/opening.

Manual handling- Strains and sprains; injuries such as back damage while handling and fixing falsework.

HAZARDSHAZARDS

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2. Fixing Steel Reinforcement.

Poor access – slips and falls, abrasions, strains and sprains.

Inadequate edge/opening - fall from the edge of floor/opening.

Manual handling- Strains and sprains; injuries such as back damage while handling and fixing reinforcement bars.

Sharp edges- Cuts from reinforcement bar ends or tie wire.

HAZARDSHAZARDS

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3. Pouring/Placing of Concrete.

Poor access – slips and falls, abrasions, strains and sprains.

Inadequate opening/opening protection – fall from the edge of floor/opening.

Violent ejection of concrete from bucket/hose at first moment of delivery-falls onto the floor or off the edge of the floor.

Walking on wet floor-Slip on wet formwork or reinforcement and fall; trip or twist ankle.

HAZARDSHAZARDS

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Wet concrete-splashes into the eyes.

Noise from operating machineries-hearing damage from continuous noise over a long period.

Vibration-muscoskeletal disorder/white fingers from using of concrete vibrator for a long period.

Skin/eye contact with concrete-skin rash or allergy/dermatitis; concrete splashed in eye.

HAZARDSHAZARDS

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4. Striking-off Falsework.

Poor communication-collapse of structure due to premature dismantling of falsework.

Dismantling not done in sequence-hit or struck by falling falsework components.

Poor housekeeping-slip, trip or twist ankle.

HAZARDSHAZARDS

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1. Planning.

What needs to be supported and how it should be done?

How long the falsework will be in use?

Appointment of competent designated person.

Competent and adequately trained machine operators.

2. Design.

Significant falsework structures should be designed by a competent person to ensure adequate stability, strength and stiffness.

CONTROL MEASURESCONTROL MEASURES

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3. Materials – Falsework should be constructed or adapted so as to be suitable for the purpose for which it is used.

It should be strong enough and stable in use.

Damaged components should not be used.

4. Erection of Falsework.

Before erection-risk assessment should be carried out and a safe system of work developed.

Approved method statement-read and understand by those doing the work.

Falsework should be stable at all stages of erection and be regularly checked.

Only “Approved working drawings” should be used.

CONTROL MEASURESCONTROL MEASURES

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CIDB

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5. Pouring/Placing Concrete

Safe access must be provided.

Falsework and formwork have been inspected and approved for concreting work.

Concrete should not be poured too rapidly or from such a height as to overload the formwork/falsework.

When using crane-competent operator and trained signalman.

CONTROL MEASURESCONTROL MEASURES

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5. Pouring/Placing Concrete

Concrete spillage should not be allowed to accumulate on falsework.

All workers handling cement and concrete should wear suitable eye protection, gloves and rubber boots.

In the use of vibrators care must be taken that form ties are not broken.

Vibrator motors on elevated platform should be firmly secured.

CONTROL MEASURESCONTROL MEASURES

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6. Striking-off Falsework

The designated person should agree the time of striking.

A written permit-to-strike procedure is strongly recommended.

A striking sequence should be established and followed.

Suitable temporary platforms must be provided for workers carrying out dismantling works.

Loose fittings and materials should be removed before dismantling begins.

CONTROL MEASURESCONTROL MEASURES

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6. Striking-off Falsework

Dismantled materials should be placed directly into storage areas.

Materials sticking into concrete and liable to fall should be removed as work proceeds.

Projecting nails must be removed or hammered down .

Suitable nets should be fixed where necessary to prevent or control the fall of materials.

Openings must be securely covered or guarded.

Debris should be cleared as work proceeds.

CONTROL MEASURESCONTROL MEASURES

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CIDB

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INTRODUCTION:INTRODUCTION:

Factories & Machinery (Safety, Health & Welfare) Regulations 1970 defined working at height as……

“any work platform at a place from which the worker will be liable to fall a distant of more than 3.0m”

CIDB

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HAZARDS:HAZARDS:

1. Collapse of temporary structures.

2. Fall of workers.

3. Fall of materials/objects.

CIDB

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CONTROL MEASURES:CONTROL MEASURES:

1. Temporary work platforms.

a. Scaffolding.

Designed, erected, altered and dismantled in accordance to Part X, Factories & Machinery (Building Operations & Works of Engineering Construction) (Safety), Regulation 1986.

Inspected scaffolds by competent person at every 7 days interval upon completion of erection and after every bad weather.

CIDB

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CONTROL MEASURES:CONTROL MEASURES:

1. Temporary work platforms.

a. Scaffolding (continued).

Stable-If necessary should be secured to the building/structure.

Checked for clearances from nearby power-lines prior to its erection.

Mobile scaffold-castor wheel locked.

Mobile scaffold-traveling path of clear off electrical and other hazards.

b. Working platform and access platform must have full edge protection comprising handrail, mid-rail and toe-board.

CIDB

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CONTROL MEASURES:CONTROL MEASURES:2. Elevated Working Platform (EWPs)

Risk assessment-identify EWP is appropriate for the intended work.

EWPs must be operated by properly trained operator.

Self-propelled EWPs-firm level surfaces.

Person working on EWP-wear fall arrest device connected anchor point in basket.

The EWP should be left in a properly stowed safe configuration whether it is unattended.

CIDB

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CONTROL MEASURES:CONTROL MEASURES:

3. Guardrails.

Adequate strength to withstand the impact of a person falling against them.

In place prior to any work commencing and should not be removed until all work is complete.

4. Falling Materials/Objects

Provide a safe means of raising and lowering plant, materials and debris in the place of work.

Personal protective equipment to minimize the risk associated with falling objects.

Secure physical barrier to prevent objects falling freely from buildings.

CIDB

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CIDB

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INTRODUCTION:INTRODUCTION:

1. “Confined space” is a space which:-

is not intended as a regular workplace.

Has restricted means of entry or exit.

Is large enough and so configured that an employee can bodily enter and perform assigned work.

Is at atmospheric pressure during occupancy.

CIDB

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INTRODUCTION:INTRODUCTION:

2. In addition this space has at least one of these characteristics:-

It contains or has a potential to contain a hazardous atmosphere.

It contains material (solid or fluid) that has potential engulfing an entrant.

It has internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and taper to a smaller cross-section.

It contains any other recognised serious safety or health hazards for example rotors.

CIDB

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INTRODUCTION:INTRODUCTION:

3. Examples:-

Septic tanks, manholes and sumps.

Basement.

Trenches, pipes, ducts and tunnels.

CIDB

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HAZARDS:HAZARDS:

Manholes, tunnels, trenches set in chalk soil – party fill with carbon dioxide gas, displacing breathable air.

Manholes in contaminated ground – poisonous or flammable gases (e.g. near underground petrol tanks).

Manholes, pits or trenches connected to sewer – flammable and/or poisonous gases and/or insufficient oxygen in the air.

CIDB

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CONTROL MEASURES:CONTROL MEASURES:

Test shows presence of dangerous air- NO ENTRY.

Before entry – test to determine levels of oxygen present, and NO dangerous amounts of flammable and/or poisonous gases.

Unsafe atmosphere – appropriate RPE to be provided.

CIDB

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CONTROL MEASURES:CONTROL MEASURES: Entrants – training and instruction in the precautions to

be taken inside the area.

Adopt permit-to-work system.

Stand-by person-stationed outside the space to keep watch and communicate with anyone inside.

Rescue harnesses should be worn by all those inside the confined space.

Rescue procedures should be included in the training of workers.

Rescue equipment including emergency breathing apparatus should be available near the entrance at all times.

No attempt should ever be made to clear fumes or gases with pure oxygen. CIDB

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CIDB

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INTRODUCTION:INTRODUCTION:

1. Hand Tools.

Hand tools are non-powered.

They include anything from axes to wrenches.

2. Power Tools

They are several types of power tools based on the power source they use; electric pneumatic, liquid fuel, hydraulic and power-actuated.

CIDB

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HAZARDS:HAZARDS:

1. Hand Tools – Some Examples.

Using a screwdriver as a chisel-tip of the screwdriver to break and fly, hitting the user or other employees.

If a wooden handle on a tool such as a hammer or an axe is loose, splintered or cracked-head of tool-fly off and strike the user or another worker.

Sledge hammer

CIDB

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HAZARDS:HAZARDS:

2. Power Tools – Some Examples:

Electric-powered tools-burns and slight shocks-lead to injuries or even heart failure.

Powered abrasive grinding, cutting, polishing and wire buffing wheels – may throw off flying fragments.

Pneumatic tools – hit by one of the tool’s attachments.

CIDB

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CONTROL MEASURES:CONTROL MEASURES:

1. Hand Tools.

Select the right tools for the right jobs.

Examine every tool before each use – equipment so worn or damaged should be repaired or removed from service.

Caution employees that saw blades, knives or other tools be directed away from aisle areas and other employees working in close proximity.

Cutting tools must be sharp.

Appropriate PPE e.g. safety goggles, gloves etc. should be worn due to hazards that may be encountered while using hand tools.

Floors be kept as clean and dry as possible to prevent accidental slips with or around dangerous hand tools.

CIDB

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CONTROL MEASURES:CONTROL MEASURES:

2. Power Tools.

Never carry a tool by cord or hose.

Never yank the cord or the hose to disconnect it from the receptacle.

Keep cords and hoses away from heat, oil and sharp edges.

Disconnect tools when not in use, before servicing and when changing accessories such as blades, bits and cutters.

Secure work with clamps or a vice freeing both hands to operate the tool.

Avoid accidental starting. The worker should not hold a finger on the switch button while carrying a plugged-in tool.

CIDB

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2. Power Tools - continued.

Tools should be maintained with care.

Tools should be kept sharp and clean for the best performance.

Follow instructions in the user’s manual for lubricating and changing accessories.

Be sure to keep good footing and maintain good balance.

The proper apparel should be worn – loose clothing, ties or jewellery can become caught in moving parts.

CIDB

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2. Power Tools - continued.

All portable electric tools that are damaged shall be removed from use and tagged “Do not use”.

Hazardous moving parts of a power tool need to be safeguarded.

Adopt ‘lock-out tag-out’ system for maintenance of tools.

CIDB