ISO14001 TIPS - related laws.

Other Malaysia Laws affiliated to the Environmental Management vis-à-vis ISO14001

ISO 14001 Clause 4.3.2 requires us to identify and address any legal requirements or other requirements that our organization subscribes to or ‘susceptible to’ based on the environmental aspects that we have identified. In Malaysia, the Environmental Quality Act, 1974 is the only law meant for environmental control. However, since the definition of environmental aspects leads to an infinite spectrum of the entire living earth; where we have our activities, thus, interacting rapaciously with the earth's medium; other laws seems to emerge as affiliates in the legal perspective in practice.

1)    FACTORIES AND MACHINERY ACT, 1967

¨      An Act – control of factories;

¨      Matters relating to safety, health and welfare of persons

¨      Registration and inspection of machinery

¨      Rationale: failure to conform to safety requirements such as safety procedures and safety specifications for most instrumentation in most cases has led to significant impact on human and at the same time the environment;

¨      Applicable clauses;

à        Section 2(1) on the definition of ‘factory’

à        Section 3, paragraph 14; on the definition of ‘fume’ and First Schedule on Dangerous Occurrence;

à        Section 3, paragraph 26, on the definition of ‘nuisance’; which means any act, omission or thing occasioning or likely to occasion injury, annoyance, offence, harm, danger, or damage to the sense of sight, smell or hearing, or which is or is likely to be injurious or dangerous to health or property;

à        Section 11, persons exposed to explosive, inflammable etc., substances;

à        Section 13, provisions against fire;

à        Section 22(1), c (I): provision requiring adequate ventilation in process area that generates air impurities;

à        Section 24, provision for personal protective clothing and appliances;

à        Section 31, accidents and dangerous occurrence to be reported;

à        Section 56 (1) (C), The minister may make regulations to prescribed the standard means of removal on injurious or offensive fumes or dust arising from certain processes in factories, or class or description of factory and special measures to be taken to ensure the health of persons employed therein. Subsidiary regulation: Factory and Machinery (Compoundable Offences) Regulations, 1978

2)    OCCUPATIONAL SAFETY AND HEALTH ACT, 1994

As far as factors that contribute to the quality of the environment, this legislation focuses on ‘environmental quality’ in the workplace in terms of safety procedures i.e. matters concerning hazards from the use of installation, etc., substances and emissions of air impurities within the factory building or premises. This law specifies the roles and responsibilities of both the employer and employee in ensuring compliance to safety and health procedures and codes of practices. Some important regulations as far as the relationship of safety and environment is concerned are its subsidiary regulations as follows;

·         Occupational, Safety, and Health (Control of Industrial Major Accident Hazards) Regulations, 1996; that requires the Safety ERP;

·         Occupational, Safety, and Health (Classification, Packaging and Labeling of Hazardous Chemicals) Regulations 1997;

·         Occupational, Safety, and Health (Use and Standards Exposure of Chemicals Hazardous to Health) Regulations, 2000.

The author decided not to comment on these regulations as it is a specialized function and responsibility of Health-Safety experts and already a common knowledge to all concerned parties.

3)    LOCAL GOVERNMENT ACT, 1976

This act is for the purpose of ensuring uniformity of law and policy to make a law with respect to local government and applied only to the Peninsula Malaysia.

Definitions under this law which are significant in environmental management appear as follows;

‘land’ includes things attached to the earth or permanently fastened to anything attached to the earth;

‘nuisance’ means any act, omission or thing occasioning or likely to occasion injury, annoyance, offence, harm, danger, or damage to the sense of sight, smell or hearing or which is or likely to be injurious or dangerous to health or property or which affects the safety or the rights of the inhabitant at large.

‘sewage’ has the same meaning assigned to it under the Sewerage Services Act, 1993;

‘state authority’ means;

¨      In relation to the sates of West Malaysia, the Ruler-in-Council or Governor-in-Council of a state and includes in Negeri Sembilan the Yang di-Pertuan Besar acting on behalf of himself and the Ruling Chiefs; and

¨      In relation to the Federal Territory, the minister charged with the responsibility for local government.

Provisions under this law that is considerable in environmental management is as follows;

·         Section 69 – commiting nuisance instreams, etc. ‘Any person who commits a nuisance or deposits any filth in or upon the banks of any stream, canal, public drain or other water-course within the local authority area…’ The legal liability is RM2000 and a maximum of 1 year imprisonment.

·         Section 70 – Pollution of streams with trade refuse, etc.

o   ‘puts or causes to be put or to flow or knowingly permits to be put or fall or to flow or to be carried into any stream, so as either singly or in combination with other acts of the same or any other person to interfere with its due flow or to pollute its waters, the solid or liquid refuse of any manufactory, manufacturing process or quarry or any rubbish or cinders or any other waste or any putrid matter’.

o   As above, but, to include ‘liquid sewage matter’

o   Legal liability for this offence is RM5000 or 2 years imprisonment

·         Section 86; the Local Authority may make regulations pertaining to burning of forest, flammable materials and the management of flammable materisla.

·         Section 105 – Power to demand for monetary deposits from applicants for permits (bond).

o    

4)    STREET, DRAINAGE AND BUILDING ACT, 1974

An Act desired to introduce in the form of an Act of Parliament a uniform system with respect to the street, drainage and building in local authority areas in West Malaysia.

Definition relevant to environmental management;

‘nuisance’ means any act, omission or thing occasioning or likely to occasion injury, annoyance, offense, harm, danger or damage to the sense of sight, smell or hearing or which is or is likely to be injurious to dangerous to health or property of which affects the safety or the rights of the inhabitants at large.

‘sewer’ has the same meaning assigned to it under the Sewerage Services Act, 1993

‘Sewerage System’ has the same meaning assigned to it under the Sewerage Services Act, 1993

‘sullage’ includes any household waste liquids discharged from any bath, shower, lavatory, basin, floor gully, laundries or sink (not being a slop sink) but excludes faecal water and urine.

Provisions of this law that are considerable in environmental management;

¨      Section 37; prevention of grass fires;

¨      Section 38; trees not to be planted within twelve feet of street;

¨      Section 47; depositing dirt on streets, etc;

¨      Section 50; local authority to construct and maintain drains and watercourses;

¨      Section 51; local authority may recover costs of improving and making drains;

¨      Section 52; prohibition against building unless provision made for drains, etc., and compliance with any notice or order;

¨      Section 53; local authority to repair or alter and may discontinue surface and storm-water drains, etc.

¨      Section 54; cleansing and emptying surface and storm-water drains, etc.;

¨      Section 55; penalty for making unauthorized drains into canal or stream;

¨      Section 56; rainwater pipes not to be used as soil pipes;

¨      Section 57; water pipes, etc., not to be used as ventilating shaft;

¨      Section 59; local authority may require removal or alteration of urinals;

¨      Section 61; ventilating pipes to sewers.

Another new law as at the time of posting that is related is The Solid Waste and General Cleansing Act, 2007. Please check it out!