Guidelines on Application and Renewal of Training Centre and Competent Person 2019 (Part 1)

Recently a new guideline was published by DOSH on renewal of training centre and competent person (in Malay language)  and there was many new significant changes in the guideline. However in this post,  I will be discussing on the competency of Safety and Health Officer and Lift Competent Person only. Perhaps I will find some other time to go through other competency.

I) Safety and Health Officer (SHO)

The major changes include a minimum education level of diploma in order to be eligible to take the SHO course. Previously having credit for several key subjects in SPM (form 5 exam) is sufficient.

For application of SHO, previously all applicants regardless of education level will required a mandatory 3 years working experience in the field of OSH as a safety practitioner prior to applying. Now the new guideline only requires 1 year working experience for those with degree and above in OSH and 2 years working experience for those with diploma in OSH. However, the higher education (diploma, degree, master in OSH must be recognized by DOSH and the approve list of education center is listed on their website). No change for those with SHO certificate which still requires applicants to have 3 years of working experience.

For renewal of SHO license,  the major changes include reduction of continuous education programme (CEP)  points from 90 in 3 years to only 30 in 3 years.  In addition to that,  all SHO are mandatory to attend a refresher course (kursus latih semula) and pass the refresher course exam. Currently there are still not much details on the refresher course and some speculate that it is the SHO Enrichment Programme currently carried out by NIOSH which is a 6 days course costing near to RM2000. I will update when there is new details published by DOSH.

II) Lift competent person

The new guideline will require lift competent person level 1 and 2 to attend CEP courses (similar to SHO which are 30 points for 3 years) and also to take the refresher course/kursus latih semula (compulsory to attend and pass exam). However we are still not sure who or where the refresher course will be carried out and what is the syllabus and process (how many days course).  Perhaps it will be carried out by NIOSH as well or maybe by MALEA (The Malaysian Lift and Escalator association) but from the guideline, I did not see the involvement of MALEA in preparation of this guideline.  Also in this guidelines,  there is no mention of Lift competent level 3 requiring to take CEP course and the refresher course.

Note: 'Kursus Latih Semula' is the official word use in the guideline and since the guideline is only in Malay language, I roughly translate 'Kursus Latih Semula' as refresher course.  The actual term may be different and I will amend accordingly when the official term is out.

Thank you for reading. Do drop us a feedback if there is any comment or opinion.

Iceberg Theory

Iceberg theory is a visual illustration of the 10^th axiom proposed by Heinrich, which compares the direct cost and indirect cost caused by an accident. Based on iceberg theory, the direct insured cost is only “the tip of the iceberg” out of the indirect “out of pocket” cost. The indirect cost of accidents can be as much as 8 to 36 times greater than the direct cost of injury compensation to the organization. Indirect costs such as time and cost to spend on investigation process and, loss of skilled workers, hiring and re-training of new workers, repair cost of damage equipment, low employee morale and many hidden cost makes risk control even more important at workplace. If an organization’s management refused to invest in safety, they might not experience accident before.

Domino Theory

The domino theory is the brain child of W.H. Heinrich who is the Assistant Superintendent of the Engineering and Inspection Division of Travelers Insurance Company. Based on his observation on the retrospective data - 75,000 injury and illness cases, in which 12,000 from insurance records and 63,000 from plant managers, actuarial and engineering reports, he devised the Heinrich Law, which is one of the well known empirical finding in his book: Industrial Accident Prevention: A Scientific Approach in 1931.

According to Heinrich, 88% of all accidents are caused by unsafe acts of people, 10% by unsafe conditions and 2% are unavoidable causes, which can be attributed as “acts of God”. Heinrich has suggested the 10 Axioms of Industrial Safety, which he considered to be the “must know” for industrial players. The 10 axioms are as below:

1. Injuries result from a series of preceding factors.
2. Accidents occur as the result of physical hazard or an unsafe act.
3. Most accidents are the result of unsafe behaviour.
4. Unsafe acts and hazards do not always result in immediate accidents and injuries.
5. Understanding why people commit unsafe acts helps to establish guidelines for corrective actions.
6. The severity of the injury is largely fortuitous and the accident that caused it is preventable.
7. Best accident prevention techniques are analogous to best quality / productivity techniques.
8. Management should assume safety responsibilities.
9. The supervisor is the key person in the prevention of industrial accidents.
10. Cost of accidents include both direct costs and indirect costs.

He proposed a “five-factor accident sequence” in which each factor would trigger the next step just like how dominoes pieces that were line-up falls upon disruption. The sequence of accident factors is as follows:

1.  Ancestry and Social Environment

A person could learn or obtain characteristics that can causes unsafe act and unsafe condition by inheritance or social environment.

2.   Worker’s Fault

The characteristics or behaviour obtained or inherited by the worker may cause him/her to making wrong decision or action that leads to unsafe act and unsafe condition.

3.    Unsafe Act and Unsafe Condition

The unsafe act and unsafe condition caused by the worker’s fault causes the accident at the workplace

4.    Accident

The accident caused by unsafe act and unsafe condition will lead to damage to the machinery and properties involved. It will also lead to injury or fatality of persons involved.

5.    Damage or Injury 

 The company will need to response to the damange and injury caused by accident.

All dominoes was down one after another.

  By eliminating the unsafe act and unsafe condition, the accident can be prevented.

Heinrich suggested that if one of the factors was being removed, it would prevent the accident, just as in removal of one of the single domino in the row would stop the action of toppling the next domino in the line, thus stop the whole chain reaction that causes damage or injury. The development of domino theory has caused the industries to blame the workers’ act as the main cause of accident. The first 3 factors in the sequence is considered as human error, and that has make the business management tends to push away their responsibility in safety to the workers, even though he has emphasized the role of management in his work.

According to Heinrich, the key domino to be removed is unsafe act & unsafe condition, which is the middle factor in the sequence. To remove the unsafe act & unsafe condition, Heinrich proposed the three “E” s corrective action sequence as below:

1. Engineering – Hazard was controlled by product design or process change.
2. Education – Staff is trained on safety procedures.
3. Enforcement – Ensure the rules and SOP on safety are followed by workers and management.

OSH Competency in Malaysia

There are several OSH related competency in Malaysia, in which the license are issued by the Department of Occupational Safety and Health (DOSH).

License under DOSH

Authorised Gas Tester/Entry Supervisor

Under the Industrial Code of Practice (ICOP) for Safe Working in a Confined Space 2010, an Authorised Gas Tester is required to carry out his duties under the ICOP to measure and monitor the levels of gas on intervals during work such as oxygen, carbon monoxide, carbon dioxide, Hydrogen sulphide in a confine space to ensure workers working in the confine space are protected from health hazards such as suffocation that can cause death. (Further Reading: Industry Code of Practice for Safe Working in a Confined Space 2010)

Chemical Health Risk Assessor (CHRA Assessor)

Chemical Health Risk Assessor is the one that conducts Chemical Health Risk Assessment (CHRA) in the work place, as per the Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulation 2000. The assessor’s job is to assess the hazards of chemical used by a workplace by gathering information about the chemical used. Afterwards, he/she will need to analyse the data, and see if any chemical used in the workplace is posting risk towards the workers at the workplace. Lastly, the assessor will present the report based on his/her finding on the chemicals hazardous to health. He/she will also need to provide recommendation to reduce the risk and manage the risk in the workplace. Usually they will recommend exposure monitoring, like Biological Monitoring conducted by Occupational Health Doctor (OHD) & Chemical Exposure Monitoring conducted by Hygiene Technician I (HT1). If the exposure is significant, the assessor will need to discuss with the employer in developing job removal programme or eliminate/substitute the chemical that are hazardous to the employees. The Assessor may also need to provide training to the employer and employee on chemical handling and exposure. (Further reading: Guidelines for The Registration of Assessor, Hygiene Technician & Occupational Health Doctor, 2nd Edition 2006)

Hygiene Technician 1 (HT1)

Hygiene Technician 1 will play the role of conducting Chemical Exposure Monitoring as recommended by the CHRA Assessor. CHRA Assessor will determine what chemicals to monitor, and the HT1 will have to determine the method and analyse of the sampling. This includes the duration and frequency of the sampling, type of media used, and the methodologies of sampling based on the chemicals to sample. Afterwards he has to send the media for laboratory testing to determine whether the exposure level exceeds the permissible limit according to USECHH regulations. (Further reading: Guidelines For The Registration of Assessor, Hygiene Technician & Occupational Health Doctor, 2nd Edition 2006)

Hygiene Technician 2 (HT2)

Hygiene Technician 2 will conduct inspection, examination or test on engineering control equipment, such as local exhaust ventilation, fume hood, pressurize tank or chamber. The hygiene technician will then conduct the testing based on the engineering control equipment at the workplace. The result will be presented to the employer and also DOSH within 30 days of completion of the inspection. (Further reading: Guidelines for the Registration of Assessor, Hygiene Technician & Occupational Health Doctor, 2nd Edition 2006)

Indoor Air Quality Assessor (IAQ Assessor)

Indoor Air Quality Assessor assess the quality of indoor air when there is a complaint lodged by the building occupant. The IAQ Assessor conduct his assessment based on the ICOP on Indoor Air Quality 2010. He will then furnish report to the employer, and provide recommendation to the employer in improving the indoor air at the workplace. (Further Reading: Industry Code of Practice On Indoor Air Quality 2010)

Lift Competent Person

A Lift competent person is responsible for the interval inspection of elevators and escalators to ensure that the machine is running safely and in accordance to the Electric Passenger and Goods Lift Regulations 1970 under the Factory and Machinery Act 1967. There are 3 levels of competency which are CP3, CP2 and CP1 in which CP1 are the highest level and companies who wants to be register as competent firm in handling elevators and escalators are compulsory to have at least one CP1 in their organization. The competent person will act as the key person between the firm and DOSH in conducting the interval inspection and renewal of certificate of fitness of elevators and escalators by arranging for joint inspection with DOSH officers on an interval of 15 months on the validity of the certificate of fitness. (Further reading: Guidelines for Registration and Renewal - Lift Competent Person)

Major Hazard Competent Person

A manufacturer (business owner) of an industrial activity is required to hire a Major Hazard Competent Person (MHCP) if it is considered as a major hazard installation under the OSH (Control of Industrial Major Accident Hazards) Regulations 1996. The MHCP’s responsibilities is to assist the manufacturer to gather the information of the industrial activity, and prepare an Emergency Response Plan (ERP) for the industry. A CIMAH report to DOSH will be furnish by MHCP from the findings and he/she will also need to ensure the the report is updated from time to time.

Noise Competent Person

Under the Occupational Safety and Health (Noise Exposure) Regulations 2019, a Noise Competent Person is required to access the noise level in factories to identify the noise level exposed to the employee working at the workplace. The Noise Competent person will access the noise level, and study the prevention taken by the management to evaluate the needs of further action to be taken in protecting employee's hearing. A report will be furnished by the noise competent person to the management and submit to DOSH. (Further reading: Occupational Safety and Health (Noise Exposure) Regulations 2019)

Scaffolder

A competent scaffolder is the person responsible to supervise during erection and dismantling of scaffolding and to inspect the scaffolding structure on intervals of not more than 7 days or after any adverse weather or any modification to ensure that the scaffolding structure is safe for workers to use and to work on. There are 3 levels of competency which are basic, intermediate and advance level and different levels are allowed to inspect different types of scaffolding structure for example only advance level are only allowed to inspect suspended scaffolding. To become a competent scaffolder, a person must undergo the basic scaffolding course and exam from approved training centre and upon completion of the course, the person must undergo medical check-up before being allowed to register as a competent scaffolder with a validity of 2 years and must renew their competency license upon expiry. They will have to gain working experience and further take the appropriate course and exam to upgrade into the intermediate and advance level.

Responsible Person

Under FMA Section 29A, if there is a need to install and maintain Tower Crane / Passenger Hoisting Machine / Material Hoisting Machine / Gondola / Mast Climbing working platform, the company have to hire a responsible person which is registered with the Chief Inspector. The responsible person has to be present and provide full supervision on the erection, inspection, maintenance and dismantling of the lifting machine as mentioned. The responsible person has to ensure the safety and health of the persons working under his/her supervision when the mentioned duties has been carried out.

Crane Responsible Person has special consideration as the accident rate and severity is higher compare to other lifting machinery. If there is any defect encountered on the crane structure, the responsible person has to inform the state DOSH. The responsible person also has to ensure regular inspection is carried out at least once a month, and a report is furnished upon completion of inspection. The Crane Responsible person is only permitted to work on full time basis, as in a Crane Responsible Person is only able to work for one competent firm at a time. The maximum numbers of crane to supervise by one Crane Responsible Person is 18 unit of crane at a time. He/she may also acknowledge all the jacking activities that carried out on the crane under his/her supervision. Jacking activity of the crane consist of raising the crane section by section until the crane gets to the desired height to serve the building. He/she will also need to carry out load test, function test and foundation test prior to any inspection carried out by DOSH Officer. Lastly, s/he will also need to provide training on the operation and safety procedures before handing over to the site manager. (Further reading: Guidelines for Registration of Persons with the Chief Inspector of Factories and Machinery as Tower Crane, Passenger & Material Hoist, Working Platform and Gondola Competent Persons)

Occupational Health Doctor

The OHD should have a basic medical degree registered with Malaysian Medical council and a post-graduate certificate or Diploma or Masters or PhD in Occupational Health that is recognized by DOSH.

The OHD is expected to conduct pre-placement medical examination, medical surveillance and other health management activities. S/he also need to analyse, interpret and explain the investigation result to his/her employer. If any cases of OSH related disease and poisoning, the OHD have to notify DOSH & employer. S/he will also need to assist in implementation of OSH programme in the workplace, to promote and educate health related topics to employer and employee. He will also need to maintain the medical records of employee during the course of employment. (Further reading: Guidelines on Occupational Health Services)

Occupational Health Nurse

An occupational health nurse (OHN) is a registered nurse with a post-basic certificate, diploma or degree in Occupational Health. The OHN is expected to complement the role of OHD. This includes but not limited to manage cases in the workplace (treatment, follow-up, referrals and emergency care for work related injuries and illnesses. The OHN should also counsel and intervene on the staff at the workplaces on health related matters, and to promote health to the staff. S/he shall advise employer on legal and regulatory compliances, and also manage risk by gathering health & hazard data to use it to prevent injury and illness at the workplace. (Further reading: Guidelines on Occupational Health Services)

Safety and Health Officer

A Safety and Health Officer (SHO) is required in a workplace as specified in OSHA 1994. The role of SHO include conducting inspection at workplace, conduct investigation on any accident, advise employer on OSH related requirements and matters, and promote health & safety in the workplace. (Further reading: Regulation of Occupational Safety and Health (Safety and Health Officer) 1997)

Site Safety Supervisor

Site Safety Supervisor (SSS) is the person that supervise and ensure good safety practice in construction site. The job task of SSS includes conduct inspection and rectify any unsafe act and unsafe conditions, and also ensure the workers working in the site comply with all relevant safety and health laws and regulations. SSS will also need to work with other contractors or staff in construction site in safety & health matters.

Steam/Internal Combustion Engine Engineer

Under Section 29 of FMA  1967, it is required to have certified staff to operate steam boilers and internal combustion engines. A competent person is needed to supervise the operation, or to operate the steam boilers and internal combustion engines (ICE). There are two types of certification, which is engineers and drivers. Each certification is divided into first and second grades. For the boiler, the driver or engineer required to operate the steam boiler is determined based on the total heating surface of the boiler. For ICE, the horse power determines the grade of engineers and drivers to operate the ICE.

However, for electrode steam boiler, steam tube oven, steam tube hot plate, autoclave and any other steam boiler in which the steam generated is retained inside the boiler do not require certified engineers or drivers to operate or supervise. For ICE with a capacity less than 40 horse power, ICE attached to a hoisting machinery and ICE which inspire fuel by means of a carburettor also do not required certified engineers or drivers to operate or supervise. (Further reading: Guidelines for Registration - Responsible Person for Tower Crane Installer-Maintainer / Passenger & Goods Hoisting Machine and Gondola)

Crane Operator

Crane operator is the person that handles a crane. S/he have to attend course on crane operator before register as a competent crane operator with DOSH. The licence will need to be renew every 2 years. (Further reading: Crane Operator - Guidelines for Registration and Renewal)