Licensed Person Order 2024
Key Information
This Order specifies the qualification, duties, standards and inspection requirements for licensed persons conducting inspections on plants requiring certificates of fitness.
Source: DOSH - P.U. (A) 100
Order 1. Citation and commencement
(1)
This order may be cited as the Occupational Safety and Health (Licensed Person) Order 2024.
(2)
This Order comes into operation on 1 June 2024.
Order 2. Interpretation
In this Order, “inspection standard” means the standard of inspection as specified in the First Schedule.
Order 3. Qualification and standards of competency of person employed as inspector by licensed person
(1)
A person employed by a licensed person as an inspector of a plant requiring certificate of fitness shall be a Malaysian citizen certified to be healthy and capable to carry out inspection of plant by a registered medical practitioner and—
(a)
has served for not less than three years as an officer under the Factory and Machinery Inspector Scheme of Service; or
(b)
subject to subparagraph (2)—
(i)
shall hold an engineering degree recognized by the Malaysian Qualifications Agency and have work experience of not less than three years in the operation of a plant requiring certificate of fitness relevant to the plant for which he is employed to inspect; or
(ii)
shall hold an engineering diploma recognized by the Malaysian Qualifications Agency and have work experience of not less than five years in the operation of a plant requiring certificate of fitness relevant to the plant for which he is employed to inspect.
(2)
Where a person fulfils the qualification under subparagraph (1)(b), the person shall also—
(a)
have at least a Malaysian Skills Certificate, Malaysian Skills Diploma or Malaysian Skills Advanced Diploma relating to the inspection of a plant requiring certificate of fitness under the National Skills Development Act 2006 [Act 652];
(b)
have been certified as an inspector in relation to the operation or inspection of a plant requiring certificate of fitness from a certification body accredited or recognized by the Department of Standards Malaysia; or
(c)
have the experience as a competent person in the operation or inspection of a plant requiring certificate of fitness and his registration as a competent person has never been revoked under section 31F of the Act.
Order 4. Power of inspector employed by licensed person during inspection
A person employed by a licensed person to inspect a plant requiring certificate of fitness may perform all or any of the following:
(a)
enter any place of work where a plant requiring certificate of fitness is installed;
(b)
examine any documents relating to the plant requiring certificate of fitness to be inspected; and
(c)
carry out an inspection in accordance with the inspection standard as specified in the First Schedule.
Order 5. Duty to keep record
(1)
A licensed person shall keep and maintain the following records:
(a)
the written notice in respect of inspection of a plant requiring certificate of fitness;
(b)
the information in an inspection report of a plant requiring certificate of fitness as specified in the Second Schedule;
(c)
the particulars in the certificate of fitness of a plant;
(d)
the monthly performance report of the licensed person prepared under subparagraph 9(1) in respect of inspections which have been carried out on plant requiring certificate of fitness;
(e)
the information on the operation, servicing, maintenance, calibration, and repair of inspection tools;
(f)
the information on technical training attended by any person who is employed by the licensed person;
(g)
the information of any person employed by a licensed person including qualifications and standards of competency, appointment, termination, resignation of the person employed, and the class and scope of inspection that he may carry out for a plant requiring certificate of fitness as specified in the Third Schedule; and
(h)
any information relevant to an inspection as may be determined by the Director General.
(2)
Except for the purposes of this Order or for the purposes of any civil or criminal proceedings under any written law, no licensed person or any person employed by a licensed person, whether during or after the period of appointment or employment, shall disclose any information obtained by him in the course of carrying out his duties, inspection or power under this Order.
Order 6. Submission of financial statement
A licensed person shall, within six months after the close of its financial year, submit to the Director General an annual financial statement of the licensed person.
Order 7. Regulatory of operation
(1)
The Director General may, for the purposes of this Order, regulate the operation of a licensed person at any time.
(2)
For the purposes of subparagraph (1), the Director General may carry out inspection at the premises of a licensed person by—
(a)
carrying out an audit on the licensed person;
(b)
monitoring the work carried out by any person inspecting a plant requiring certificate of fitness at any time;
(c)
examining any record specified in subparagraph 5(1) and any document relating to the record at any time; and
(d)
issuing any directives to a licensed person in relation to the duties of a licensed person under this Order.
Order 8. Inspection standard
A licensed person carrying out an inspection on a plant requiring certificate of fitness shall comply with the inspection standard as specified in the First Schedule.
Order 9. Duties of licensed person
A licensed person shall—
(a)
ensure that a plant requiring a certificate of fitness is inspected in accordance with the Occupational Safety and Health (Plant Requiring Certificate of Fitness) Regulations 2024 [P.U. (A) 99/2024];
(b)
issue an inspection report for each plant requiring certificate of fitness inspected with the particulars as specified in Second Schedule and submitting the inspection report to the owner of the plant;
(c)
issue a certificate of fitness in the form as specified in the Tenth Schedule to the Occupational Safety and Health (Plant Requiring Certificate of Fitness) Regulations 2024 within seven days after all relevant requirements are fulfilled;
(d)
ensure that each person employed by the licensed person carries out an inspection according to the inspection standard as specified in the First Schedule;
(e)
ensure that each person employed by the licensed person carries out an inspection according to their respective class and scope of inspection as specified in the Third Schedule;
(f)
ensure that a person employed by a licensed person attends trainings relevant to his scope of inspection;
(g)
ensure that inspection tools are suitable and sufficient for the purpose of carrying out an inspection on a plant requiring certificate of fitness;
(h)
ensure that inspection tools are duly serviced, maintained and calibrated and remain in good condition at all time;
(i)
prepare a manual on the use of inspection tools and inspection procedures for every type of plants requiring certificates of fitness based on the inspection standard;
(j)
ensure that inspection procedures are safe to the person carrying out an inspection;
(k)
assist any officer who is carrying out his duties in respect of inspection, examination, investigation or any work relating to safety and health at a place of work under the Act;
(l)
prepare a monthly performance report for all inspections carried out in a month;
(m)
keep and maintain records containing information required to be collected and kept under subparagraph 5(1);
(n)
provide any assistance as may be required by the Director General or his officers in carrying out the functions of the Director General under the Act; and
(o)
submit any information in relation to the inspection of a plant requiring certificate of fitness at any time as may be required by the Director General.
FIRST SCHEDULE [Paragraph 2, subparagraph 4(c), paragraph 8 and subparagraph 9(d)] – INSPECTION STANDARD
1. STEAM BOILER
Inspection under subsection 27D(2) of the Act
(1)
To ensure an employer or occupier has been granted with a written approval for installation of the steam boiler from the Director General under subsection 27C(3) of the Act.
(2)
To verify that the installed steam boiler complies with the terms and conditions imposed by the Director General in the written approval for installation of the steam boiler.
(3)
To carry out external inspection on all steam boiler accessories and components but not limited to—
(a)
foundation;
(b)
any piping and any fitting connected thereto;
(c)
access;
(d)
oil burning equipment;
(e)
flue gas system;
(f)
tubes and drums; and
(g)
water treatment system.
(4)
To carry out functional tests on essential fittings as specified in the Eighth Schedule of the Occupational Safety and Health (Plant Requiring Certificate of Fitness) Regulations 2024 and in accordance with recognized standards or manufacturer specifications as specified in the design verification.
(5)
To record the inspection results.
(6)
To issue an inspection report with the particulars as specified in the Second Schedule.
(7)
To ensure that the functionality and installation of the steam boiler fulfil the acceptance criteria as specified in the recognized standards.
Periodical inspection under section 27E of the Act
(1)
To perform a review on any records relating to the operation of the steam boiler and any maintenance, repair, dismantling or alterations made to the steam boiler.
(2)
To carry out internal and external inspections for all components of the steam boiler, including—
(a)
closed vessels for the purpose of generated steam including tubes and drums, and surfaces exposed to water and fire;
(b)
economisers and superheaters;
(c)
any piping and any fitting connected thereto; and
(d)
all welding and joining.
(3)
To carry out usability inspection of essential fittings as specified in the Eighth Schedule of the Occupational Safety and Health (Plant Requiring Certificate of Fitness) Regulations 2024.
(4)
To record inspection results.
(5)
To issue an inspection report with the particulars as specified in the Second Schedule.
(6)
To ensure that the functionality and installation of the steam boiler fulfil the acceptance criteria as specified in the recognized standards.
2. PRESSURE VESSEL
Inspection under subsection 27D(2) of the Act
(1)
To ensure an employer or occupier has been granted with a written approval for installation of the pressure vessel from the Director General under subsection 27C(3) of the Act.
(2)
To verify that the installed pressure vessel complies with the terms and conditions imposed by the Director General in the written approval for installation of the pressure vessel.
(3)
To carry out external inspection of all accessories and components of the pressure vessel but not limited to—
(a)
foundation;
(b)
any piping and any fitting connected thereto; and
(c)
access.
(4)
To carry out the functional tests on essential fittings as specified in the Eighth Schedule of the Occupational Safety and Health (Plant Requiring Certificate of Fitness) Regulations 2024 and in accordance with the recognized standards or manufacturer specifications as specified in the design verification.
(5)
To issue an inspection report with the particulars as specified in the Second Schedule.
(6)
To ensure that the functionality and installation of the pressure vessel fulfil the acceptance criteria as specified in the recognized standards.
Periodical inspection under section 27E of the Act
(1)
To perform a review on any records relating to the operation of the pressure vessel and any maintenance, repair, dismantling or alterations made to the pressure vessel.
(2)
To carry out internal and external inspection of all pressure vessel components including—
(a)
any piping and any fitting connected thereto; and
(b)
all welding and joints.
(3)
To carry out usability inspection of essential fittings as specified in the Eighth Schedule of the Occupational Safety and Health (Plant Requiring Certificate of Fitness) Regulations 2024.
(4)
To ensure that the functionality and installation of the pressure vessel fulfil the acceptance criteria as specified in the recognized standards.
3. LIFTING MACHINERY
Inspection under subsection 27D(2) of the Act
(1)
To ensure an employer or occupier has been granted a written approval for installation of the lifting machinery from the Director General under subsection 27C(3) of the Act.
(2)
To verify that the installed lifting machinery complies with the terms and conditions imposed by the Director General in the written approval for installation of the lifting machinery.
(3)
Inspection of a lift, escalator and walkalator shall be as follows:
(b)
carrying out inspections and functional tests of components involving parts but not limited to the following particulars:
(i)
in respect of a lift, the motor room, top of the car, bottom of the car, lift well, lift shaft and inside the car; and
(ii)
in respect of an escalator and walkalator, all components and structures of the escalator and walkalator;
(c)
carrying out functional tests on related safety devices including—
(i)
limit switches;
(ii)
locking and warning devices;
(iii)
functionality of braking system; and
(iv)
other safety devices installed;
(d)
carrying out inspection and functional tests on related components and structures in accordance with recognized standards including—
(i)
mechanisms for lifting and lowering goods or passengers; and
(ii)
travel mechanisms;
(e)
carrying out tests as specified in the design verification;
(f)
carrying out physical inspections of the entire related machinery to ensure there are no changes in appearance or mechanical damage after the test;
(g)
issuing inspection reports with particulars as specified in the Second Schedule; and
(h)
ensuring that the examined items fulfil the acceptance criteria as specified in the recognized standards.
(4)
Inspection of a tower crane, passenger lift, suspended access equipment, quay crane and launching gantry shall be as follows:
(a)
verifying that the components of a tower crane, passenger lift, suspended access equipment, quay crane and launching gantry installed comply with the particulars in the test and examination as specified in the Ninth Schedule of the Occupational Safety and Health (Plant Requiring Certificate of Fitness) Regulations 2024;
(b)
carrying out functional tests on related safety devices as required, including but not limited to—
(i)
limit switches;
(ii)
locking and warning devices;
(iii)
functionality of braking system; and
(iv)
other safety devices installed;
(c)
carrying out inspection and functional tests on related components and structures in accordance with recognized standard requirements, including—
(i)
load lifting and lowering mechanisms;
(ii)
travel mechanisms;
(iii)
load jacking and lowering mechanisms (if applicable);
(iv)
boom extension and retraction mechanisms (if applicable); and
(v)
swinging mechanisms (if applicable);
(d)
carrying out load tests as specified in the design verification;
(e)
carrying out physical inspections of the entire related machinery to ensure there are no changes in appearance or mechanical damage after load testing is performed;
(f)
issuing inspection reports with particulars as specified in the Second Schedule; and
(g)
ensuring that the examined items fulfil the acceptance criteria as specified in the recognized standards.
(5)
Inspection of any lifting machinery other than a lift, escalator, walkalator, tower crane, passenger lift, suspended access equipment, quay crane and launching gantry shall be as follows:
(a)
verifying that the installed components of any lifting machinery other than a lift, escalator and, tower crane, passenger lift, suspended access equipment, quay crane and launching gantry comply with the requirements under subregulation 4(1) of the Occupational Safety and Health (Plant Requiring Certificate of Fitness) Regulations 2024 upon applying for a written approval under subregulation 4(2) of the Occupational Safety and Health (Plant Requiring Certificate of Fitness) Regulations 2024;
(b)
carrying out functional tests on related safety devices, if applicable, including but not limited to—
(i)
limit switches;
(ii)
locking and warning devices;
(iii)
functionality of braking system; and
(iv)
other safety devices installed;
(c)
carrying out inspection and functional tests on related components and structures, if applicable, in accordance with recognized standard requirements, including—
(i)
load lifting and lowering mechanisms;
(ii)
travel mechanisms;
(iii)
load jacking and lowering mechanisms (if applicable);
(iv)
boom extension and retraction mechanisms (if applicable); and
(v)
swinging mechanisms (if applicable);
(d)
carrying out load tests as specified in the design verification;
(e)
issuing inspection reports with particulars as specified in the Second Schedule; and
(f)
ensuring that the examined items fulfil the acceptance criteria as specified in the recognized standards.
Periodical inspection under section 27E of the Act
(1)
Periodical inspection for a lift, escalator and walkalator shall be as follows:
(a)
performing a review on any records relating to maintenance, repairs or alterations made to the lift, escalator and walkalator;
(b)
carrying out functional tests on related safety devices, if applicable, including but not limited to—
(i)
limit switches;
(ii)
locking and warning devices;
(iii)
functionality of braking system; and
(iv)
other safety devices installed;
(c)
carrying out inspection and functional tests of components involving parts including but not limited to—
(i)
in respect of a lift, the motor room, top of the car, bottom of the car, lift well, lift shaft and inside the car;
(ii)
in respect of an escalator and walkalator, all components and structures of the escalator and walkalator, including mechanisms for lifting, lowering goods or passengers, and travel mechanisms, if applicable, in accordance with recognized standard requirements;
(d)
carrying out physical inspections of the entire related machinery to ensure there are no changes in appearance or mechanical damage after the test is carried out;
(e)
issuing inspection reports with particulars as specified in the Second Schedule; and
(f)
ensuring that the examined items fulfil the acceptance criteria as specified in the recognized standards.
(2)
Periodical inspection for a tower crane, passenger lift, suspended access equipment, quay crane and launching gantry shall be as follows:
(a)
performing a review on any records related to maintenance, repairs or alterations made to the tower crane, passenger hoist, suspended access equipment, quay crane and launching gantry;
(b)
carrying out functional tests on safety devices at the related safe working load, including but not limited to—
(i)
limit switches;
(ii)
locking and alarm devices;
(iii)
functionality of braking system; and
(iv)
other safety devices installed;
(c)
carrying out inspection and functional tests on related components and structures, if applicable, in accordance with recognized standard requirements, including—
(i)
load lifting and lowering mechanisms;
(ii)
travel mechanisms;
(iii)
load jacking and lowering mechanisms (if applicable);
(iv)
boom extension and retraction mechanisms (if applicable); and
(v)
swinging mechanisms (if applicable);
(d)
carrying out physical inspections of the entire related machinery to ensure there are no changes in appearance or mechanical damage after testing is performed;
(e)
issuing inspection reports with particulars as specified in the Second Schedule; and
(f)
ensuring that the examined items fulfil the acceptance criteria as specified in the recognized standards.
(3)
Periodical inspection for any lifting machinery other than a lift, escalator, walkalator, tower crane, passenger lift, suspended access equipment, quay crane and launching gantry shall be as follows:
(a)
performing a review on any records relating to maintenance, repairs or alterations carried out on the machinery;
(b)
carrying out functional tests on related safety devices, if applicable, including but not limited to—
(i)
limit switches;
(ii)
locking and alarm devices;
(iii)
functionality of braking system; and
(iv)
other safety devices installed;
(c)
carrying out inspection and functional tests on related components and structures, if applicable, in accordance with recognized standard requirements, including—
(i)
load lifting and lowering mechanisms;
(ii)
travel mechanisms;
(iii)
load jacking and lowering mechanisms (if applicable);
(iv)
boom extension and retraction mechanisms (if applicable); and
(v)
swinging mechanisms (if applicable);
(d)
issuing inspection reports with particulars as specified in the Second Schedule; and
(e)
ensuring that the examined items fulfil the acceptance criteria as specified in the recognized standards.
SECOND SCHEDULE [Subparagraph 5(1)(b) and subparagraph 9(b)] – INFORMATION THAT NEEDS TO BE SPECIFIED IN THE INSPECTION REPORT
1.
The information and description of the plant:
(a)
owner's name and address;
(b)
plant registration number;
(c)
type of plant;
(d)
plant location;
(e)
inspection date; and
(f)
name of the inspector of plant requiring certificate of fitness;
2.
The results of document review and physical inspection shall state the following:
(a)
non-compliance with particulars in the inspection standard and information about such non-compliance;
(b)
any defects or non-compliance found during the physical inspection of any plant equipment or component and the acceptability of such defects or non-compliance compared to recognized standards; and
(c)
the condition of the plant.
3.
If certificate of fitness cannot be issued, state the reasons for such rejection.
THIRD SCHEDULE [Subparagraph 5(1)(g) and subparagraph 9(e)] – CLASS AND SCOPE OF INSPECTION FOR PLANTS REQUIRING CERTIFICATE OF FITNESS
| No. | Class | Scope of inspection |
|---|---|---|
| 1. | A | Steam boiler |
| 2. | B | Pressure vessel |
| 3. | C | Lifting machinery (lift, escalator and walkalator) |
| 4. | D | Lifting machinery (tower crane, passenger hoist, suspended access equipment, quay crane and launching gantry) |
| 5. | E | Lifting machinery (other than lift, escalator, walkalator, tower crane, passenger hoist, suspended access equipment, quay crane and launching gantry) |