Legal Requirement for Chemical Health Risk Assessment

Legal Requirement for Chemical Health Risk Assessment

In Malaysia, the workplace safety is governed by stringent laws aimed at protecting workers from hazardous exposure to chemicals. One such critical regulation is the requirement for conducting a Chemical Health Risk Assessment (CHRA) on jobsites, mandated by the Department of Occupational Safety and Health (DOSH) under the Use and Standards of Exposure of Chemicals Hazardous to Health (USECHH) Regulations 2000, which many employers are not being aware of.


Why is CHRA Important?

CHRA is a systematic process designed to identify, evaluate, and control health risks associated with chemicals in the workplace.1 It aims to:

● Identify the hazards posed by each chemical substance used, stored, handled or transported within the place of work.

● Evaluate the degree of exposure of employees to the chemicals hazardous to health, either through inhalation, skin absorption or ingestion.

● Evaluate the adequacy of existing control measures.

● Conclude on the significance of the health risk posed by the chemicals hazardous to health.

● Recommend further appropriate control measures to prevent or reduce risks.

Industries such as manufacturing, construction, agriculture, and chemical processing involve regular exposure to hazardous chemicals. Without proper assessments, workers may face severe health risks, including respiratory issues, skin disorders, and long-term illnesses like cancer. The CHRA ensures that necessary precautions, such as proper ventilation, use of personal protective equipment (PPE), and training, are implemented to safeguard employees.

Legal Framework Governing CHRA

The Occupational Safety and Health Act 1994 (OSHA 1994) is the overarching law that mandates employers to ensure the safety, health, and welfare of workers. Under OSHA, the USECHH Regulations 2000 specifically address the management of chemicals hazardous to health.2 These regulations require employers to:

● Identify Chemical Hazards: Prepare an inventory of all chemicals used on-site and obtain products’ safety data sheets.

● Engage a DOSH-Registered Assessor: Hire a qualified professional to conduct the CHRA.

● Assess Exposure & Risks: Evaluate employee exposure through air monitoring, sampling and job observations, and analyse health risks.

● Implement Recommendations: Follow through on the assessor’s recommendations, including providing adequate training, PPE, and engineering controls.

● Conduct Regular Reviews: Reassess chemical risks periodically or when there are changes in chemical usage or processes.

● Maintain Documentation: Keep detailed records of CHRA reports and safety measures implemented, and made available for inspection by DOSH.

Adherence to CHRA requirements not only ensures compliance with DOSH regulations but also fosters a culture of safety and well-being in the workplace. Employers who prioritize worker safety demonstrate their commitment to ethical practices, which can enhance employee morale, productivity, and trust.


Consequences of Non-Compliance to USECHH Regulations

Employers who neglect to conduct a CHRA or fail to comply with the USECHH Regulations face legal repercussions. Specifically in Section 19 of the Occupational Safety and Health (Amendment) Act 2022, which revises the penalties for non-compliance. Under this amendment, employers who fail to comply with a provision in the USECHH Regulations 2000 or other related regulations can face a fine up to RM500,000, imprisonment terms of up to two years, or both, exposing companies to significant legal and financial risks.3 This amendment to OSHA reflects the Malaysian government's efforts to strengthen workplace safety laws and enforcing compliance.

Beyond legal consequences, non-compliance with CHRA can cause:

● Increased workplace accidents and illnesses.

● Higher costs due to compensation claims and medical expenses.

● Operational disruption, decreased efficiency impacting business performance.

● Harm to the environment, compromising company’s sustainability goals and environmental, social, and governance (ESG) commitments.

● Damage to the company’s reputation and loss of business credibility.

Maclean’s Role as Contractor in CHRA

Based on OSHA 1994, below are the definitions of employer, principal and contractor.3

● Employer: Any person who has entered into a contract of service to employ any other person as an employee.

● Principal: Any person who in the course of or for the purposes of his trade, business, profession or undertaking contracts with a contractor for the execution by or under the contractor of the whole or any part of any work under taken by the principal.

● Contractor: Any person who contracts with a principal to carry out in whole or in part any work undertaken by the principal, in the course of or for the purposes of the principal's trade, business, profession or undertaking.

As a contractor, Maclean is required to carry out CHRA for cleaning activities that may expose Maclean’s workers to chemicals hazardous to health. If Maclean carries out its cleaning activities or operations in any premises, the employer or owner of the said premises is responsible for carrying out a CHRA covering all activities involving chemicals that are hazardous to health, including the activities carried out by Maclean as a contractor in said premises.4

Should you have any queries about Maclean’s role as a contractor in CHRA, contact our safety officers.

References:

1. Department of Occupational Safety and Health. (2000). Assessment of the Health Risks Arising from the Use of Hazardous Chemicals in the Workplace (A Manual of Recommended Practice 2nd Edition).
2. Federal Subsidiary Legistration. (2000). Occupational Safety and Health (Use and Standards of Exposure of Chemical Hazardous to Health) Regulations 2000.
3.
Laws of Malaysia.(2022). Occupational Safety and Health (Amendment) Act 2022.
4. Department of Occupational Safety and Health. (2024, December 19). Responsibility to Conduct Chemical Health Risk Assessment (CHRA) [Letter].

Beyond Cost Effective Solutions

“Thank you, Maclean team, for the good support and on time completion of the cleaning activities as required at the Phase 2 cafeteria and Phase 2 new wing office floor without any delays which met client satisfaction.”

Manufacturing

“The final cleaning has come to an end today. We appreciate your team's full commitment and cooperation in ensuring the successful completion of the cleaning work at Plot H. Your site person in charge and his team has performed well throughout the cleaning period. Their prompt response and action as well as their workmanship on the end-product satisfied us.”

Construction

“I would like to take this opportunity to first, thank you for the 9 years of services to the hospital. Maclean has offered a top-level cleaning service with the magnificent team of client service right down to the cleaner.

I am particularly writing to appreciate the cleaner, namely BAL BAHADUR, M. SUMON and MASLINDAH for their professionalism and exceptional work ethic. They are punctual, dependable and presented with more than what has been asked of them.”

Hospital

“We are writing to express my sincere appreciation for the exceptional work of the cleaning crew who was responsible for maintaining the cleanliness of our office premises. Over the past few weeks, we have observed the excellent work that Nur Alom has been doing, and we must say that his dedication and professionalism are truly commendable.

I have personally witnessed Nur Alom going the extra miles to ensure that the office is clean and hygienic especially during these challenging times post pandemic. His commitment to maintaining a clean and safe environment has been exceptional, and he has made a significant contribution to keep our workplace safe and healthy for all employees. “

Office

“We would like to express our thanks towards janitor Suriakala for excellent cleaning services rendered during Deep Cleaning activities on 14th and 28th January 2023. As well, we find her job deliverance is excellent and committed on daily routine tasks.

Hereby, we extend our thanks to Bobby, Fahmi for their prompt response of any inquiries and replacement planning during janitor's absence. We are also thankful to be supported by the Maclean team for

  • deep cleaning upholstery office chairs, sofa
  • fabric wall meeting rooms
  • fabric cubicle – employee workstation areas
  • lobby reception, breakout area, workstation area
  • floor scrubbing at carpeted area total approximately 3,617sqft
  • floor scrubbing at pantry vinyl floor area"
Office

“Excellent cleaning services. Prompt response of any inquiries and fast planning during your janitor on leave”

Hypermarket

“Excellent service during the summer break for the school opening preparations - efficient, gracious customer service, the level of detail and accountability you have demonstrated on the housekeeping service.”

Education

Our Supervisors and Crew Are Well Trained

“I received a verbal compliment from client on Crew’s performance & improvement after we had engagement meeting. Well done and keep up the good work!”

Office

“Services provided by the crew on site was good and amazing, especially the head of the crew obviously showing his excellent performance on managing his team that provided high quality cleanliness service throughout the year. They have shown a great team spirit and hope this can continue and maintained in future. I would also take this opportunity to congratulate Miss Nadia who trained such a good team and of course your good services to our company as well.”

Retail

“Thank you very much for the team you lead! Professional and high efficiency!”

Education

“Convey our outmost appreciations for the excellent service provided to our team in Bayan Lepas. Your team, which is Samy and his supportive team, have been doing great jobs & supported us. Samy has been committed to all the tasks given with fast response from him & the teams.”

Manufacturing

“Formally and sincerely express our gratitude for the amazing honesty your team shown during recently lost and found case. Nurhayati Binti Abdullah had shown exceptional discipline and dedication to her daily work. Her actions directly impacted our image and Maclean directly benefited the team and company on a greater level. Once again, thank you for the leadership shown by Maclean’s management team – Kak Mis on the diligence and integrity adopted for all the team on the site.”

Office

“Layanan yang sangat baik, berdisiplin, komited, sabar, berbudi bahasa dan sentiasa positif.”

3S Centre

“Thank You for the Good Service. I would like to express my deep appreciation for the women who are doing the cleaning at our premise. I am very satisfied with their work! I would like to thank Diana (supervisor) and Sajib who always monitor and ensure someone to cover when the cleaners go on leave. Good teamwork and dependable.”

Education

We Are Well Versed with Various Industry Compliancy Requirements

“Congratulations “Maclean Team” as all cleaners have successfully passed the EHS training that was conducted on site.

We are satisfied with their service”

Manufacturing

“Thanks for your team’s kind support to maintain the cleanliness of our LMM plant during our two important events:

(1) EHS Corporate Audit

(2) EHS Plan Forum Recognition”

Manufacturing

“Thank you very much for giving 100% support and for ensuring we followed and maintained proper social distancing amid the events.”

Manufacturing

“Gratitude for Maclean’s performance and support during our compliance audit held last October. Maclean’s team has made so much effort in order to keep our business running with full compliance. It's a good image that we comply to every legal requirement that was relevant with Maclean’s help. Maimunah has been key player into this Audit weeks.”

Office

“Many thanks to Zura for the last compliance audit which covered compliance in pharmaceuticals.”

Office

“Our management would like to take the opportunity to sincerely thank you for the excellent service provided to our facility especially for the fresh goods department, for maintaining cleanliness as per our standard.”

Hypermarket

“Able to answer questions from Auditor during ISO Audit.”

Office

Understanding Urgency and Providing Personalised Attention

“We would like to extend our greatest appreciation to you and your team for all the hard work going the extra mile ensuring everything is ready for the event. We know there were a quite a bit of last-minute requests, but you guys managed to extend your excellent service and that made a difference definitely. We appreciate your contribution and management also relay their appreciation and gratitude to all the Janitor team. Thank you so much for being good support for this event and hope this good performance can be maintained.”

Manufacturing

“Hope you are doing great. For the past few months Samy Rau has been supervising our Penang location. We are very grateful that he has been showing his interest and helping me to solve a lot of problems. His presence here during the site visit has made us able to voice up regarding most issues directly. Most pending issues have been resolved. We hope that we will make a better team in future.”

Manufacturing

“I would like to take this opportunity to thank Samy and the team, especially Ali Raihan, Sajib Sikdar and all Maclean team members for helping our team on the water leaking issue that happened. Their fast respond to our call during midnight and coming to help us to handle the situation. Keep it up and continue to work together and support our Facilities team.”

Manufacturing

“They are remarkable with their attitudes. The way they go above and beyond to ensure that all our events are presented well, their sense of collaboration and attention to detail is greatly valued.”

Education

“I would like to extend our appreciation for the amazing work done by your team on site especially team leader, Maimunah in supporting several occasions of main event. They have been supportive in terms of logistic, pre-event preparation and on top of that making the event running smoothly.

Please pass my appreciation to Maimunah, Sulaiman, Susilawati and Haipah for their support.”

Office

In addition to the above, we are proud and grateful to receive 2 awards from CBRE:

  • Exceptional Service Award 2022 
  • Best Safety and Covid Response Award 2022

So, try us out and experience the Maclean service first-hand. 

To find out more on how we give you the best value for your budget without compromising your health or safety, please connect with us at 03-7773 0300 or enquire@maclean.com.my.

February 2025
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