• OHSAS 18001:2007 supersedes OHSAS 18001:1999, but remains current until 2009
• To enable an organization to control its OH&S risks and improve its performance.
• New standard places greater emphasis on ‘health’ rather than just safety
• More logically laid out to assist organizations in the management system standard ISO 14001: 2004 and quality management system standard ISO 9000:2000
• Easier for organizations to harmonize and have one integrated management system in accordance with PAS 99
• Summary of key changes between OHSAS 18001:2007 and OHSAS 18001:1999:

• The importance of ‘health’ has now been given greater emphasis
• OHSAS 18001 now refers to itself as a standard, not a specification, or document, as in the earlier edition. This reflects the increasing adoption of OHSAS 18001 as the basis for national standards on occupational health and safety management systems
• The ‘Plan-Do-Check-Act’ model diagrams is only given in the Introduction, in its entirely, and not also as sectional diagrams at the start of each major clause
• Reference publication in Clause 2 have been limited to purely international documents
• New definitions have been added, and existing definitions revised
• Significant improvement in alignment with ISO 14001:2004 throughout the standard; and improved compatibility with ISO 9001:2000
• A new requirement has been introduced for the consideration of the hierarchy of controls as part of OH& S planning
• Management of change is now more explicitly addressed
• A new clause on the “Evaluation of compliance” has been introduced, as per ISO 14001:2004
• New requirements have been introduced for participation and consultation
• New requirements have been introduced for the investigation of incidents

• This is a partial list of the major changes to ISO 14001:2004. Further information on changes to the ISO 14001:2004 standard can be obtained from British Standards Institutions

There have been some changes to the local ESH legislation involving amendments to existing legislation as well as new guidelines and legislation coming into force.

1) Amendment on Factories and Machinery Act 1967

• The regulation will come into operation on the date to be appointed by the Minister by notification in the gazette and will supersedes the revoked Factories and Machinery Act 1967 with Factories and Machinery (Amendment) Act 2006
• Some of the New sections and changes in the regulation :

- Section 7A - Entry into premises with a search warrant and the power of seizure
- Section 7B - Entry into premises without a search warrant and the power of seizure
- Section 7C - Service of pst of things seized
- Section 7D - Appointment, powers and duties of a pcensed person
- Section 7E - Revocation of pcence
- Section 7F - Granting of pcence upon revocation
- Section 8 - Obstruction an offence
- Section 9 - Confidentiapty of information
- Section 19 - Certificate of fitness
- Section 31 - Accidents and dangerous occurrence to be reported
- Section 33 - Investigation and enquiries
- Section 37 - Apppcation for registration
- Section 40 - Periodical Inspection
- Section 51A - Jurisdiction to try offences
- Section 52 - Institution for prosecution

• This is a partial list of the major changes to Factories and Machinery (Amendment) Act 2006. Further information on changes to the Factories and Machinery (Amendment) Act 2006 can be obtained from Parllimen Malaysia

Solid Waste & Public Cleansing Management (Bill) 2007

• Require approval for any construction, alteration, or closure of prescribed SWM Facilities
• Require licence to carry out SWM services, manage and operate SWM Facilities
• Prescribed recycling and separation of recyclables
• Require generator to reduce generation of SW

Solid Waste Facilities

• Plans to construct, alter or close solid waste management facilities like landfills, incinerators and recycling plants must be approved by the Director-General of Solid Waste and Public Cleansing.
• Not following approved plans or building and altering without permission could result in a fine of up to RM100, 000 or jail of up to five years, or both.
• The court can order changes to be made to unapproved alterations. Failure to comply could result in a fine of up to RM100,000 or up to five years in jail, or both.
• The offender can be fined up to RM5,000 for each day he continues committing the offence after conviction.
• A person can be fined between RM100,000 and RM500,000 or jailed up to five years or both, for closing a facility without approval.

Licensing

• Everyone who provides solid waste management services – from collecting and transporting waste to storing, recycling and disposing – must be licensed.
• Licence applications are made to the DG and submitted to Solid Waste and Public Cleansing Management Corporation.
• The DG can impose conditions on licensees that cover things like frequency and area of service, types of waste handled and where it is to be delivered.
• Failure to comply with conditions can be met with a fine between RM25,000 and RM50,000 or jail term of up to two years, or both. The offender can be fined RM2,500 for each day for a continuing offence.
• A register of licences containing details of licensees will be maintained. Anyone can get an extract, for a fee.

Charges

• The minister has the power to prescribe charges for solid waste management as a separate payment or as a consolidated rate.
• The minister authorises the party that collects payments.
• The authorised persons must maintain records of payments and collections and can be fined or jailed if they fail to.
• These authorised persons can collect fees due to them and recover any late payments from the people they service like home and building owners, occupiers or local authorities.
• They can recover fees owed to them by asking for it in a written notice.
• If payment is not made after two written notices are issued over a 28-day period, the authorised person can take the case to the Tribunal for Solid Waste Management.
• A person who fails to pay fees without any reasonable excuse can be fined up to RM5,000 and RM50 for each day he continues the offence after his conviction.

Control of Waste Generators

• The Act prohibits an unauthorised person from depositing, transporting, separating or keeping solid waste. If found guilty, a person can be fined between RM10,000 and RM100,000 or jailed between six months and five years, or both.
• No one should cause, aid, abet or permit the escape of solid waste from their possession. A person can be fined between RM10, 000 and RM100, 000 or jailed for up to five years, or both for such and offence.
• No one, unless licenced, is allowed to sort through waste in a receptacle which is meant to be emptied. Charity groups doing recycling can be exempted.

The 3Rs

• The minister can make orders requiring anyone to reduce the amount of waste generated, and to reuse and recycle.
• Failure to comply can result in fine of up to RM10,000 or a jail term of up to six months, or both.
• The minister may require specific products to be taken back by the manufacturer, assembler or importer after the goods are used. They may also be obliged to recycle or dispose of these goods at their own cost.
• The minister can also establish a take back system and a deposit refund system.
• Offences under this section are punishable by a fine up to RM10,000 or jail up to six months or both.

Solid Waste And Public Cleansing Management Fund

• The minister can establish this fund that will be controlled by the corporation
• Contributions will come from state governments and local authorities, charges, fees and levies and federal government allocation.
• It will be used to pay for the cost incurred by the agreements the federal government makes with any party regarding services.