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