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Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease Regulations 2004

Key information

NADOPOD Regulations 2004: Sets employer and doctor duties to report workplace accidents, dangerous occurrences, poisoning, and occupational disease to DOSH.

PART I - PRELIMINARY

Regulation 1. Citation

  • These regulations may be cited as the Occupational Safety and Health (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease) Regulations 2004.

Regulation 2. Interpretation

  • (1)
    In these Regulations, unless the context otherwise requires—
    “authorized”
    means authorized by government agencies in charge of occupational safety and health or internal security or emergency services or essential services or quarries or mines;
    “approved”
    means approved by the Director General;
    “serious bodily injury”
    means any injury listed in Schedule 1 ;
    “fatal injury”
    means injury leading to immediate death or death within one year of the accident;
    “non-fatal injury”
    means—
    • (a)
      a lost-time injury which prevents a worker from performing normal work and leads to permanent or temporary incapacity for work; or
    • (b)
      a no-lost-time injury where no work time is lost beyond that is required for medical attention;
    “dangerous occurrence”
    means an occurrence arising out of or in connection with work and is of a class specified in Schedule 2 ;
    “accident”
    means an occurrence arising out of or in connection with work which results in fatal injury or non-fatal injury;
    “occupational poisoning and occupational disease”
    means a poisoning or a disease arising out of or in connection with work and is of a class specified in Schedule 3 ;
    “quarry”
    means any open or underground excavation made for extracting and removing rock material from any land and includes the crushing, the process of grinding, or other treatment work of such material on the site or elsewhere;
    “mine”
    has the same meaning as in section 3 Mineral Development Act 1994 [Act 525] ;
    “lost-time”
    means lost days counted from and including the day following the day of the accident measured in calendar days.
  • (2)
    In these Regulations, any reference to an accident, dangerous occurrence, occupational poisoning or occupational disease arising out of or in connection with work shall include a reference to an accident or dangerous occurrence or occupational poisoning or occupational disease attributable to the manner of conducting an undertaking, the plant or substances used for the purposes of an undertaking and the condition of the premises so used or any part of them.

Regulation 3. Application

  • (1)
    Subject to subsection 1(2) of the Act, these Regulations shall apply to all places of work.
  • (2)
    Nothing in these Regulations shall prejudice any requirement imposed by or under any other written law relating to reporting of accident, dangerous occurrence, occupational poisoning or occupational disease except that compliance with these Regulations shall be deemed to have complied with the provisions of—
    • (a)
    • (b)
      regulation 13 of the Petroleum (Safety Measures) (Transportation of Petroleum by Pipelines) Regulations 1985; and
    • (c)
      regulation 23 of the Occupational Safety and Health (Control of Industrial Major Accident Hazards) Regulations 1996.

PART II - NOTIFICATION AND REPORTING OF ACCIDENT, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING AND OCCUPATIONAL DISEASE

Regulation 4. Exemption from Part II

  • For the purpose of this Part, reporting of any death, injury or condition of a person shall not apply to a patient when undergoing treatment in a hospital or surgery by a doctor or dentist.

Regulation 5. Notification and reporting of accident and dangerous occurrence

  • (1)
    Whenever any accident arising out of or in connection with work which caused any person either—
    • (a)
      death; or
    • (b)
      serious bodily injury, as specified in First Schedule , which prevents the person from following his normal occupation for more than four calendar days,
  • or where a dangerous occurrence, as specified in Second Schedule , takes place in any place of work, the employer shall—
    • (aa)
      forthwith notify the nearest Department of Occupational Safety and Health office by the quickest means available; and
    • (bb)
      within 7 days send a report thereof in an approved form.
  • (2)
    Whenever any accident arising out of or in connection with work which causes bodily injury to any person which prevents the person from following his normal occupation for more than four calendar days, the employer shall, within 7 days, send a report thereof in an approved form to the Department of Occupational Safety and Health office.
  • (3)
    Where an employee, as a result of an accident arising out of or in connection with work, has suffered an injury or condition reportable under subregulation (1) which causes death within one year of the date of that accident, the employer shall inform the Director General in writing of the death as soon as it comes to his knowledge, whether or not the accident has been reported under subregulation (1).

Regulation 6. Exemption from requirement of regulation 5 to self-employed persons

  • Paragraph 5(1)(aa) shall not apply to a self-employed person who is injured at premises of which he is the owner or occupier, but paragraph 5(1)(bb) shall apply to such self-employed person (other than in the case of death) and it shall be sufficient compliance with the regulation if the self-employed person makes arrangements for the report to be sent to the Department of Occupational Safety and Health office by some other person.

Regulation 7. Reporting of cases of occupational poisoning and occupational disease

  • (1)
    Where a person at work suffers or likely to suffer from one of the occupational poisonings or occupational diseases specified in column (1) of Third Schedule and the work involves one of the activities specified in the corresponding entry in column (2) of that schedule, the employer shall, within 7 days, send a report thereof to the nearest Department of Occupational Safety and Health office in an approved form.
  • (2)
    Every registered medical practitioner or medical officer attending to, or called in to visit, a patient whom he believes to be suffering from any of the occupational poisoning or occupational disease listed in Third Schedule , shall within 7 days report the matter to the Director General in an approved form and at the same time, notify the employer whom the patient states is his employer.

Regulation 8. Exemption from requirement of regulation 7 to self-employed persons

  • Subregulation 7(1) shall not apply to a self-employed person unless that person has been informed by a registered medical practitioner or a medical officer that he is suffering from a poisoning or a disease so specified and it shall be sufficient compliance with subregulation 7(1) if that person makes arrangements for the report to be sent to the Department of Occupational Safety and Health office by some other person within 7 days of the date he is being informed by the registered medical practitioner or a medical officer.

PART III - NO INTERFERENCE AT ACCIDENT OR DANGEROUS OCCURRENCE SCENE

Regulation 9. No interference at accident or dangerous occurrence scene

  • Where the accident or dangerous occurrence causes the death of any person or serious bodily injury to any person or serious damage and dangerous to plant or other property, no person shall, unless authorized to do so, remove or in any way interfere with or disturb any plant, substance, article or thing related to the incident except to the extent necessary to—
    • (a)
      save the life of, prevent injury to, or relieve the suffering of any person;
    • (b)
      maintain the access of the general public to an essential service or utility; or
    • (c)
      prevent further damage to or serious loss of property or environment.

PART IV - MAINTENANCE OF ALL RECORDS OF ACCIDENT, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING AND OCCUPATIONAL DISEASE

Regulation 10. Records

  • (1)
    Every employer and self-employed person shall record and maintain a register, in an approved form, of—
    • (a)
      all accidents and dangerous occurrences which have occurred; or
    • (b)
      all occupational poisonings or occupational diseases which have occurred or are likely to occur,
  • arising out of or in connection with work under his control, whether or not the accidents, dangerous occurrences, occupational poisonings and occupational diseases have been reported under subregulation 5(1) or 7(1) .
  • (2)
    The record shall be kept at the place where the work to which it relates is carried on or, if this is not practicable, at the usual place of business of the employer or self-employed person and an entry in the registry shall be kept for at least 5 years from the date on which it was made.
  • (3)
    The employer or self-employed person, as the case may be, shall send to the Director General before 31 January of each year, such extracts from the registry for a period of 12 months ending on 31 December of each year.

Regulation 11. Requirement of further information

  • The Director General may, by notice in writing served on any person who has furnished a report under regulations 5 , 6 , 7 and 8 , require that person to give to the Director General such information specified in Fourth Schedule as may be specified in the notice and within the time limit so specified.

PART V - MISCELLANEOUS

Regulation 12. Amendment of Schedule

  • The Minister may, by order published in the Gazette, amend any Schedule to these Regulations from time to time.

Regulation 13. Penalty

  • Any person who contravenes any provision of these Regulations, commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

SCHEDULES

FIRST SCHEDULE [subregulation 5(1)] - SERIOUS BODILY INJURY

  • (1)
    Emasculation
  • (2)
    Permanent privation of the sight of either eye
  • (3)
    Permanent privation of the hearing of either ear
  • (4)
    Privation of any member or joint
  • (5)
    Destruction or permanent impairing of the powers of any member or joint
  • (6)
    Permanent disfiguration of the head or face
  • (7)
    Fracture or dislocation of the bone
  • (8)
    Loss of consciousness from lack of oxygen
  • (9)
    Loss of consciousness or acute illness from absorption, inhalation or ingestion of any substance, which requires treatment by a registered medical practitioner
  • (10)
    Any case of acute ill health where there is a reason to believe that this resulted from occupational exposure to isolated pathogen or infected material
  • (11)
    Any other work related injury or burns which results in the person injured being admitted immediately into hospital for more than 24 hours

SECOND SCHEDULE [subregulation 5(1)] - DANGEROUS OCCURRENCE

PART I - DANGEROUS OCCURRENCES WHICH ARE NOTIFIABLE WHEREVER THEY OCCUR

PART II - DANGEROUS OCCURRENCES WHICH ARE NOTIFIABLE IN RELATION TO MINES

PART III - DANGEROUS OCCURRENCES WHICH ARE NOTIFIABLE IN RELATION TO QUARRIES

PART IV - DANGEROUS OCCURRENCES WHICH ARE NOTIFIABLE IN RELATION TO FORESTRY

PART V - DANGEROUS OCCURRENCES WHICH ARE NOTIFIABLE IN RELATION TO AGRICULTURE

THIRD SCHEDULE [Regulation 7] - OCCUPATIONAL POISONING AND OCCUPATIONAL DISEASE

POISONING

INFECTIONS

SKIN DISEASES

LUNG DISEASES

OTHER CONDITIONS

FOURTH SCHEDULE [Regulation 11] - MATTERS WHICH THE DIRECTOR GENERAL MAY REQUIRE TO BE NOTIFIED

  • (1)
    Further details of the circumstances leading to the reported incident.
  • (2)
    Further details about the nature and/or design of any plant involved in the reported incident.
  • (3)
    Safety systems and procedures for the control of the plant or substance involved in the reported incident.
  • (4)
    Qualification, experience and training of staff, consultants or advisers having use or control of any plant or substance or concerned with safety systems or procedures.
  • (5)
    Design and operation documentation.
  • (6)
    Arrangements for the protection of personnel from any plant or substance connected with the reported incident.
  • (7)
    Details of any examination of, or test carried out on, any plant or installation involved in the reported incident.
  • (8)
    Any available information about levels of exposure of persons at the work place to airborne substances.