RECENT REVIEW ON LEGISLATIONS RELATED TO RISK ASSESSMENT FOR CONFINED SPACE

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1 International Journal of Mechanical Engineering and Technology (IJMET) Volume 9, Issue 1, January 2018, pp Article ID: IJMET_09_01_102 Available online at ISSN Print: and ISSN Online: IAEME Publication Scopus Indexed RECENT REVIEW ON LEGISLATIONS RELATED TO RISK ASSESSMENT FOR CONFINED SPACE Zamree Amin, Roslina Mohammad, Norazli Othman, Astuty Amrin and Saárdin Abdul Aziz Department of Engineering UTM Razak School of Engineering and Advanced Technology, Universiti Teknologi Malaysia, Jalan Sultan Yahya Petra, Kuala Lumpur, 54100, Malaysia Advanced Informatics School (AIS), Universiti Teknologi Malaysia, Jalan Sultan Yahya Petra, Kuala Lumpur, 54100, Malaysia ABSTRACT The aim of this paper is to identify, review and carry out comparisons to three legislations. The main interest of the paper is on the risk assessment elements in these legislations which are related to confined space activities. This is due to lack of specific approach of the legislation for confined space such as entry procedure requirements and risk assessment methods. The existing practice of risk assessment is rather general and additional references are required for its conduct, which would lead to non-compliance by industries. The selected legislations will be summarized on its requirements, followed by a review of the factors contributing towards (i) practical application, (ii) enhancing a safe system of work, and (iii) suitability as elements of risk assessment. Finally, a comparison of the legislations will be carried out. The results from the study would be used to promote an ideal method in developing effective risk assessment tools for working safely in confined spaces. Furthermore, several pieces of literature which were referred to could give additional input for developing the risk assessment tools. Keywords: Quebec Regulation, OSHA 1994, FMA 1967, Risk Assessment, Confined Space Cite this Article: Zamree Amin, Roslina Mohammad, Norazli Othman, Astuty Amrin, Saárdin Abdul Aziz and, Recent Review on Legislations Related to Risk Assessment for Confined Space, International Journal of Mechanical Engineering and Technology 9(1), pp editor@iaeme.com

2 Zamree Amin, Roslina Mohammad, Norazli Othman, Astuty Amrin, Saárdin Abdul Aziz and 1. INTRODUCTION Activities in confined spaces are commonly carried out in various industries such as oil and gas, power, shipping, sewerage and construction. The work scope involved while carrying out jobs in confined spaces depends on the type of job to be carried out. Examples of jobs in confined spaces include cleaning, repairing, maintenance, inspecting and pipe-laying. Due to its nature, anyone entering confined spaces for working purposes need to comply with rules and regulations that have been set up. Failure to comply with such regulations will result in serious accident. By definition, a confined space is an enclosed or partially enclosed space that is at atmospheric pressure during occupancy and not intended or designed primarily as a place of work. It is liable at any time to have an atmosphere which contains potentially harmful levels of contaminants, have an oxygen deficiency or excess, cause engulfment and have restricted means for entry and exit (Standards Australia, Safe Working in Confined Space). Examples of confined spaces are storage tanks, tankers, boilers, silos, pipes, sewers, tunnels, shafts and ducts (Standards Australia, Safe Working in Confined Space). Risk assessment on the other hand can be described as a process of evaluating the risks to safety and health arising from hazards at work (Guidelines for Hazard Identification, Risk Assessment and Risk Control, Ministry of Human Resource, Malaysia).. The review of three legislations to be carried out are from Canada and Malaysia, namely the Quebec Regulation Respecting Occupational Health and Safety 2015, the Malaysia Occupational Safety and Health Act 1994 and the Malaysia Factories and Machinery Act A review and comparison of these three legislations will assist in developing effective risk assessment tools for working in a confined space. The appropriate risk assessment tools are required due to the lack of a specific approach of confined space works such as entry procedure requirements and risk assessment methods. The existing practice of risk assessment is rather general and additional references are required. This may result in poor reception from industries. Therefore, the aim of this paper is to identify, review and carry out comparison to three legislations where the main interest is on risk assessment elements related to confined space activities. The outcomes of the study will be used to develop effective risk assessment tools for working safely in confined spaces. Several pieces of literature are referred to in conjunction with the review of legislations, risk assessment and safe confined space entry. In designing effective risk assessment tools for confined space entries, several documents such as procedures and Permit to Work system need to be established in ensuring that the entries are safe without compromising the risks of personnel (Vienney et al., 2015). In the application of Occupational Safety and Health Act 1994 and Factories and Machinery Act 1967 in Malaysian industries, a study was carried out by Rozlina and Awaluddin, (2011) on the influence of ergonomics on occupational safety and health legislations in Malaysia. Procedures relating to ergonomics must be observed while working in confined spaces, non-compliance of which would lead to a serious incident. Besides that, the planning for conducting a risk assessment especially when dealing with machinery during confined space occupancy is part of the responsibilities by organizations to prevent casualties. A study by Yuvin Chinniah, (2015), listed the factors that contribute to fatalities due to moving parts of a piece of machinery which could be referred by industries as important control measures elements in confined space activities. In the case of monitoring hazardous atmosphere such as exposure to hydrogen sulphide, research investigating a victim s unconsciousness while in a confined space using the biological monitoring approach was carried out by Jones, (2014) where it has provided useful information about the toxic level of hazardous gasses in confined space editor@iaeme.com

3 Recent Review on Legislations Related to Risk Assessment for Confined Space The legislations selected are focused on the risk assessment concept where the entire content will be reviewed in order to ascertain its relevant input towards risk assessment for confined space. The list of legislations in Table 1 will illustrate their objectives and application, similarity, difference and significance of its content. Table 1 Summary of Three Legislations Legislation Objective and Application Similarity Difference Significance To establish standards pertaining to all types of occupational health and safety conditions in the workplace such as the working Quebec environment (air, temperature, (Quebec Regulation noise, lighting, humidity), Respecting health (heat stress, dangerous Occupational Safety substances, sanitation and and Health, 2015) cleanliness) and safety (machine and tool, high risk tasks). The legislation is applicable to all establishments in Quebec Canada. To secure the safety, health and welfare of workers, to protect workers at workplace against risks to safety and health from the activities performed by OSHA other (Occupational Safety workers, to promote a safe and Health Act, occupational environment and 1994) to provide effective ways in improving standards of safety and health. The Act is applied throughout Malaysian industry except for any work on board ships and in the armed forces. None Preliminary Interpretation and scope, general provisions, establishment conditions, emergency safety precautions, air quality, individual protective respiratory equipment, flammable vapors and gases, combustible dusts and dry materials, special provisions concerning various dangerous substances, provision on the safe management of asbestos, storage and handling of dangerous Respiratory protection, substances, ventilation and heating, flammable vapors and heating environment, heat stress, gases, ergonomics, safe lighting, noise, hazardous radiation, use of hand tools, quality of water, common facilities, working in enclosed sanitary facilities, special area, hot work, others ergonomic measures, machines, high risk tasks. hand tools and portable power tools, handling and transporting materials, piling of materials, handling and using explosives, working in an enclosed area, underwater work, welding and cutting, other high risk tasks, vehicle maintenance, means and equipment for individual and group protection, transporting workers and final provisions. Appointment of officers, National Council for Occupational Safety and Health, general duties of employers and self-employed persons, general duties of designers, manufacturers and suppliers, general duties of employees, safety and health organizations, notification of accidents, dangerous occurrence, occupational poisoning and diseases, and inquiry, prohibition against use of plants or substances, industry code of practice, enforcement and investigation, liability for offences, appeals and miscellaneous. General duties of employers and selfemployed persons, general duties of designers, manufacturers and suppliers, general duties of employees, safety and health organizations editor@iaeme.com

4 FMA (Factories and Machinery Act, 1967) Zamree Amin, Roslina Mohammad, Norazli Othman, Astuty Amrin, Saárdin Abdul Aziz and To control of factories with respect to matters relating to safety, health and welfare of workers and the registration and inspection of machinery. It is applied to all factories except for premises used for housing locomotive or vehicles where only cleaning, washing, running repairs or minor adjustments are carried out and the premise where only five workers or less are working without any machinery being used. Preliminary Safety, health and welfare, persons in charge and certificates of competency, notification of accident, dangerous occurrences and diseases, notice of occupation of factory and registration and use of machinery. From the summary of legislation in Table 1, their requirements will be identified and will be followed by a review of each legislation with respect to risk assessment elements of the confined space. The review of legislations is according to the current industrial practical approach and it will provide an overall conclusion on its suitability and practicability in enhancing health and safety standard for confined space works. 2. LEGISLATION All the legislations which have been summarized will be continued with further elaboration about their requirements and described on its contribution factors towards confined space risk assessment Quebec, Regulation respecting Occupational Health and Safety, 2015 The legislation requirements for Quebec Regulation 2015 is illustrated in Table 2 Table 2 Key Legislation Requirements of Quebec Safety, health and welfare, persons in charge and certificates of competency NO Requirements Emergency safety precautions Individual protection respiratory equipment Flammable vapors and gases Contributing Factors Concept Suitability Relevance Evacuation plan, emergency drills, emergency systems and fire extinguisher requirements Personal protective requirements and selection, safe use of personal protective equipment and air supply compliance for selfcontained respiratory equipment Lower explosion limit, flammable source, prohibition of smoking, static electricity and ventilation system The provision could be used and practical to be implemented in the workplace since it serves as a basic safety regulation to be adhered. It is used as a basic rule to ensure the safety and health of employees are secure. The requirements for these elements are suitable to be used and referred to in industries where lack of compliance would lead to serious workplace accidents. This is part of the requirements that need to be followed in every confined space and it is to be included in the process of risk assessment. The PPE requirements are compulsory and are relevant to be added in the development stage of risk assessment tools for confined spaces. Most of the confined space jobs are related to the exposure of toxic gases, and the requirement stated are relevant as input for developing risk assessment tools for confined space editor@iaeme.com

5 Recent Review on Legislations Related to Risk Assessment for Confined Space 4 5 Combustible dust and dry materials Ventilation and heating 6 Heat stress 7 Noise Preventive cleaning, static electricity, flammable source, collection and processing system, enclosed dust collectors, open dust collectors and silos. Ventilation necessity, natural ventilation, rate of air changes, inspection ducts, air intake, local ventilation, recirculation of air, fresh air intake, adjacent facilities considerations, ventilation for change rooms and toilet, ventilation for lunch room, combustion products, infrared heating and make-up air heaters. Compulsory measurements, methods of measurement, index exceeds the continuous work curve and special measures Operations and organization, continuous noise level and continuous noise at different levels Different work areas would produce different types of hazards, and the approach on the issue of combustible dust and dry materials could be referred to and implemented. The suitability of this requirement is the application of jobs during confined space occupancy where the air change rate and type of ventilation play a vital role in ensuring sufficient fresh air is supplied and toxic gases are expelled. It is related to the assessment of risk for confined space works and relevant input from this requirement would be useful for inclusion as a basis for developing risk assessment tools for confined spaces. It is related to the risk assessment process for confined space works since the requirement for providing a ventilation system is crucial. This regulation could serve Without proper control on as a reference for workers health while employers in managing working in a confined area, heat stress effect at the it would lead to heat stress workplace such as by where this element is practicing job rotation in relevant for inclusion in order to maintain the risk assessment process productivity in the long for confined spaces. term. Most of the workplace involved in using Noise which could induce machinery would generate physical and health noise and this requirement hazards serve as relevant could be referred to as a input in the process of guideline for the developing risk assessment management of noise in tools for confined spaces. the workplace. 8 Special ergonomic measures Handling load, working on piles, level of work, position, chairs and benches and break for meals The ergonomic measures could be used as a guide for ensuring back safety in the work place, especially while working in an awkward position. Due to the limited space available to carry out work in a confined space, the issue is relevant to be included in the assessment of risk for confined spaces. 9 Hand tools and portable power tools Safe usage, inspection and maintenance, storage of hand tools, handles, files, extension, burrs, cutting tool, ground position of trigger, air supply inlet valve control, electrical wire and flexible hose, protectors and protective devices, safety precautions, chain saw and condition for using chain saw The requirements related to hand tools and portable power tools are useful to be referred to due to its applicability in many routine activities. Hand tools can be used in confined space works and input on this would be relevant in the process of risk assessment for confined spaces editor@iaeme.com

6 10 Zamree Amin, Roslina Mohammad, Norazli Othman, Astuty Amrin, Saárdin Abdul Aziz and Working in enclosed area 11 Welding and cutting 12 Other high-risk tasks Qualified workers, prohibited entry, gathering information before work, information provided to workers prior to performing work, ventilation, combustible dusts, hot work, special measures, method and frequency of readings, register of readings, supervision, rescue procedure, unobstructed access, precautions regarding free flow materials and safety harness. Prohibition condition, arc welding and cutting, resistance welding, gas welding, brazing and cutting, protective screens, work performed on a recipient, antiback-up arresters, electrical grounding and prohibited current return circuits Work performed in an isolated environment, tasks involving maintenance or repairs, work with risk of a falling hazard, compressed air cleaning, air pressure limit for cleaning, piping for compressed air, attachments, working in compressed air, using a sealing pistol, work performed near an electric power line and deforestation work This requirement is suitable to be applied specifically in confined space entry. The requirement consists of detailed information on the procedure to be adhered to prior to entry. Hot work activities commonly produce several types of hazards and references made to these requirements are beneficial to the organization in reducing health and safety risk at the workplace. The list of tasks involving high-risk activities are suitable to serve as a reference prior carrying out such task especially related to confined space works. It is related to the risk assessment process to be conducted and the criteria would serve as important inputs for developing risk assessment tools for confined spaces. Part of the activity being performed in confined space is hot work and the requirements related to this task shouldbe included in the process of assessing risk in confined spaces. The elements in this requirement are relevant to be included in the risk assessment process where it would give the required input for developing risk assessment tools for confined spaces A Review of Quebec Regulation A review of the Quebec Regulation Respecting Occupational Safety and Health, 2015 (Quebec 2015) aligns with the identified requirements being outlined in Table 2, where the review approach is based on the most practical implementation that is relevant to the elements and process of risk assessment for confined space. The Quebec 2015 requirements to be reviewed include emergency precautionary measures, respiratory protection equipment, flammable sources protection, dust exposure, ventilation system, heat stress, noise, ergonomic, hand tools and power tools, work in enclosed area, hot work and critical tasks. Emergency safety precaution is part of the requirements that need to be implemented by all workplaces to ensure the rescue team is available during emergencies to save both life and properties. The effectiveness of emergency response depends on the employer s pro-activeness such as in conducting evacuation drills. In confined space works, emergency response is observed as the most important criteria that need to be adhere to especially during the rescue process. For respiratory protection equipment, the selection of the type of respiratory protection to be worn is important. Examples of respiratory protection include a half-mask respirator and supplied air respirator. Basically, for confined space activities, the selection of respiratory protection depends on the atmospheric test result carried out by a competent Authorized Gas Tester. When the work area has the potential to generate flammable vapors, a suitable arrangement in controlling exposure is required. Normally, this type of hazard is sensitive to static electricity and spark. For editor@iaeme.com

7 Recent Review on Legislations Related to Risk Assessment for Confined Space example, the prevention strategy to prevent spontaneous ignition is by using low voltage equipment and copper type hammer. Dust would cause chronic health disease given prolonged and uncontrolled exposure. Some tasks which have the potential to create dust need to be controlled adequately either by using engineering control approaches such as using a dust collector or respiratory protection equipment. When working in an enclosed area, sufficient ventilation is needed. This is to ensure the air change rate is achieved accordingly to supply enough oxygen to workers. For confined space entry, a ventilation system is compulsory throughout the occupancy period. Heat stress is one of the common health issues occurred in workplace especially for tasks done in hot weather and/or in a confined area. Lack of control to those issues would lead to serious injuries and fatality due to dehydration. Another health hazard that commonly occurs in the workplace is noise. It could be generated from different sources such as machine operation and using power tools where prolong exposure to noise could lead to hearing impairment. Noise is also generated from the use of power tools for surface preparation or hydrojetting. Ergonomic issues at the workplace are often related to manual handling, repetitive movements and works done at an awkward position. The design of work station and awareness training is part of the prevention program to be conducted at workplace. Working in confined spaces contributes most to ergonomic risk due to the limited space available for working and the uncomfortable environment. Periodic maintenance of tools and machineries including safety devices are required to ensure safe usage. Commonly used tools in confined space activities include the grinder, oxy-cutting torch, welder and hydro-cleaning equipment. Due to that, working in confined spaces is considered to be a high-risk task which requires appropriate planning. For that, an effective ventilation system is one of the control measures compulsory to implement for all confined space works to prevent workers from suffocation. A study by Pouzou et al., (2014) proposed the correct and effective use of ventilation systems in confined spaces for welders as well as few jobs commonly covered in confined space such as cleaning, hot work and maintenance. The findings from the study showed that, most welders use supply and exhaust type ventilation to control fume concentration even they know about the advantages of using Local Exhaust Ventilation. Even though exhaust and supply ventilation could reduce breathing zone concentration, it is actually not removing the toxic fumes from confined space and still would pose danger to workers. For that, a further assessment of risk is required to be carried out on the best approach of applying the type of ventilation system. From the study, it is reliable as an input for development process of risk assessment tools for confined space in ensuring the health and safety of workers or entrant are secured. Furthermore, Quebec Regulation requirements which have been discussed will be reviewed further, especially the three factors that contribute to the process of risk assessment for confined space as follow: a. Practical application to confined space safety activities Based on the Quebec Regulation, the requirements which have been determined to be applied for working in confined spaces are by conducting a briefing to all entrants on how to handle emergency situations including the method of evacuation, regular practicing of emergency drills, utilizing the emergency system and handling of fire extinguisher, selecting and wearing an appropriate respiratory protection such as using of air supply for self-contained breathing apparatus, enforcing the prohibition of smoking in confined space and knowing how to prevent the risk of static electricity. It is also important to prevent flammable sources which generated from combustible dust, select and operate suitable type of ventilation system, prevent heat stress through job rotation and drink sufficient water, prevent exposure to noise by wearing hearing protection, practice correct working posture, check on the safe use of editor@iaeme.com

8 Zamree Amin, Roslina Mohammad, Norazli Othman, Astuty Amrin, Saárdin Abdul Aziz and portable hand tools, attend competency training prior working in confined area and regular check on the welding and cutting equipment. b. Opportunity to enhance the safe system of work for confined space The requirements from the Quebec Regulation that have an opportunity to enhance the safe system of work are identified and it could be done by developing a Safe Work Procedure. The requirements include having an emergency response plan, procedure for selecting respiratory protection, procedure for working in flammable and toxic environment, having an extreme environment procedure such as one dealing with mineral dust, heat and noise, ventilation procedure, health procedure such as ergonomic risk and others factors might contribute to health issues, tools and equipment usage procedure, procedure for entry into confined space and also a hot work procedure. c. Suitability to include in the elements of risk assessment for confined space According to the requirements stated in the Quebec Regulation, it is observed as not directly related or having elements of risk assessment, however several requirements of Quebec Regulation are observed as suitable to be included as element of risk assessment for confined space due to its common practice and risk in routine confined space works. The elements are emergency response availability and readiness, fire-fighting equipment, respiratory protection, flammable sources, static electricity, mineral dust exposure, ventilation method, potential to generate heat, potential to generate noise, ergonomic risk factor, tools and equipment usage method, safety induction, competent workers, atmosphere testing method, hot work process and usage of hot work equipment, usage of compressed air, potential of falling and potential of electrocution. From the review, it could be concluded that the Quebec Regulation plays its role in contributing to the confined space risk assessment process even though its requirements generally outline occupational safety and health regulations. The input towards practical application for confined space safety activities, opportunity to enhance a safe system of work and suitability to include in risk assessment elements are beneficial to be used as a platform in improving the process of developing risk assessment tools for confined spaces Occupational Safety and Health Act, 1994 The legislation requirements for OSHA Malaysia are illustrated in Table 3 Table 3 Legislation Requirements of OSHA Malaysia NO 1 Requirements General duties of employers and selfemployed persons Contributing Factors Concept Suitability Relevance Explaining the general duties of employers and selfemployed persons to their employees, duty to formulate safety and health policy, general duties of employers and self-employed persons to persons other than their employees and duties of occupier of a place of work to persons other than his employees. The requirements are suitable to be referred to by Employers where they are responsible in ensuring safety and health of their organization is in optimum condition. Prior to starting any task in workplace, preparation either on the management or workers side needs to be in place. The requirements are to conduct an initial stage of jobs risk assessment which requires full commitment from employers to ensure the health and safety of workers is secured accordingly editor@iaeme.com

9 Recent Review on Legislations Related to Risk Assessment for Confined Space General duties of designers, manufacturers and suppliers General duties of employees Safety and health organisations Explaining the general duties of manufacturers about plans for use at work, general duties of manufacturers with regard to substances for use at work and further explanation with regard to the requirements. Explaining the general duties of employees at work, duty not to interfere with or misuse things provided pursuant to certain provisions, duty not to charge employees for things done or provided and discrimination against employee. Explaining about the medical surveillance, safety and health officer, establishment of safety and health committee at place of work and functions of safety and health committee. The requirements are for the responsible of manufacturers and suppliers with regards to health and safety compliance whereas for employers, it could be used as guidance in ensuring adherence to the Act. The responsibility of employee has been clearly defined and it is practical to be referred to ensure the health and safety at workplace is under control and no person would be discriminated against. It is the need to ensuring the health and safety of their workplace is secured especially on the part of the medical surveillance and safety and health committees. The inclusion of these requirements especially on the supply of any substances might contribute to the relevant input in developing risk assessment tools for confined space. The employee s responsibility towards health and safety at workplace through comments and positive feedback is considered as valuable input in the process of risk assessment for confined space works. The requirements are more towards the management of the organization and are observed as not much related in the process of risk assessment tools but it could be used as an input in promoting safe system of work throughout confined space activities A Review of OSHA Malaysia A review on the Occupational Safety and Health Act 1994 (OSHA 1994) aligns with the identified requirements being outlined in Table 3 where the review approach is based on the most practical implementation that is relevant to the process of risk assessment for confined space. The provisions in OSHA 1994 to be reviewed include the duties or responsibilities of employers towards their employee other personnel, formulating a policy, duties of manufacturers with regards to plant and substances use at workplace, duties of employees, medical surveillance, safety and health committee and requirement for safety and health competent person. In the duties of employers, they must be responsible for all aspects of safety and health of their employees and any other person at their premises. The same approach also applies to all relevant personnel involving in confined space works where each personnel has their own roles and functions. Formulating the policy is to display the full commitment of employer in a written form to ensure it is read and understand by everyone in the organization. Similar to confined space entry, a preparation stage would include having all the required documentation such as safe work procedure to be completed prior entry. Purchasing of materials and machines requires a proper control before being used by workers. For that, the duty of manufacturer or supplier plays a role in ensuring the materials and machines supplied are according to the specified requirements. In confined space works, the usage of any substances requires proper arrangements on its risks such as referring to Safety Data Sheet to prevent injury to entrant editor@iaeme.com

10 Zamree Amin, Roslina Mohammad, Norazli Othman, Astuty Amrin, Saárdin Abdul Aziz and Besides that, employees also have their role in ensuring safety of themselves and their colleagues. This provision is directly applied to all confined space works where every personnel is to communicate to ensure the condition of the confined space is safe including personnel attending nearby to designated work area. Medical surveillance provision is designated for workers who are directly exposed to certain substances for a specified period of time including ionizing radiation. This type of occupation need to be closely monitored on its exposure by conducting medical surveillance periodically. For the requirement of having a safety and health committee, getting feedback on any shortcoming related to safety and health practice at workplace. This practice would create a safe working environment due to early detection of hazards. In addition, by appointing competent personnel in monitoring and improving workplace safety, it would promote a good image to organization by displaying outstanding performance records. On top of that, through the tri-partite involvement approach (Authority-Employer-Employee) being practiced in OSHA 1994, the influence of leadership is important in ensuring an employee performs as planned regarding safety rules and regulation (Kapp, 2012). This study is to investigate the influence of Supervisor leadership practices as a team leader in leading a good example to their workers on safety compliance and participation which is relevant to be practiced in any works specifically to confined space entry where the appointed Entry Supervisor should take pro-active measures in leading their workers in identifying hazards. The study showed that supervisors who are perceived to place a high value on safety would lead to high safety compliance achievements by their employees. Furthermore, OSHA 1994 requirements which have been discussed will be reviewed further, specifically the three factors that contribute to the process of risk assessment for confined space as follows: a. Practical application to confined space safety activities During routine activities of confined space works, employers should undertake the necessary arrangement to ensure the safety of their workers. The requirements which state the employers responsibilities are suitable to be practiced for any confined space entry as it extensively covers both health and safety aspects. The practice that could be enforced include induction training, health check, permit to work application, form a Job Safety Analysis team, regular monitoring of atmosphere by competent person, safety inspection or audit and provide appropriate personal protective equipment. Besides that, workers also need to carry out their responsibilities in order to achieve the targeted safety performance which are planned by the employer. Workers are also required to adhere to all safety rules outlined by practicing them throughout the occupancy period such as the buddy system, alert to any potential hazards, correct use of emergency equipment, job rotation and wearing suitable personal protective equipment. b. Opportunity to enhance the safe system of work for confined space The development of Safe Work Procedure is outlined in OSHA. The requirements that could be included are the maintenance of plants such as machinery and equipment, handling and storage of plants and substances, training, safe access and egress, provision for welfare facilities, formulate relevant safety and health policy, responsibility of suppliers with regards to machinery or substance use for works, medical surveillance, appointment of relevant competent personnel and establish a safety and health committee including functions of the committee. All the elements being described are suitable to be integrated into the safe system of work for confined space since it is commonly face and practice during occupancy where the most significant issues are the usage of tools and equipment, and exposure to substances editor@iaeme.com

11 Recent Review on Legislations Related to Risk Assessment for Confined Space c. Suitability to include in the elements of risk assessment for confined space The elements of risk assessment from the legislation have been identified even though they are not directly relevant towards risk assessment application. However, it is observed that contribution factors during the process of risk assessment for confined space. From that point of view, all relevant practices and procedures being used for confined space entry are suitable to be included as elements of risk assessment such as the responsibility of the employer, the responsibility of employees, the responsibility of suppliers with regard to use of the plant, requirements for safety, health and welfare and safety and health organization. This is due to those elements are considered as important requirements need to be implemented before and during occupancy as risk control measures. Moreover, additional information provided on the health risk from various occupations such as exposure to vapours, toxic substances, radioactive and compressed air would also be useful as an input for the risk assessment process. From the review conducted, it could be concluded that the OSHA requirements are not specifically related to the risk assessment of confined space since its purpose is to provide general occupational safety and health provision for industries. However, certain requirements of OSHA 1994 can contribute towards the process of developing risk assessment tools for confined spaces based on the relevant requirements Factories and Machinery Act, 1967 The legislation requirements for FMA Malaysia are illustrated in Table 4 Table 4 Legislation Requirements of FMA Malaysia NO 1 Requirements Safety, health and welfare Contributing Factors Concept Suitability Relevance Explaining the provisions relating to safety, persons exposed to explosive, flammable or any substances, lifting of weights, provision against fire, construction of machinery, dangerous parts of machinery, projecting materials, machinery for hire or sale must comply with regulations, machinery manufactured or repaired must comply with regulations, certificate of fitness, power to revoke certificate of fitness obtained by way of fraud or misrepresentation, duties of persons employed, duties of occupier, provisions relating to health, exposure to elements, personal protective clothing and appliances and provision relating to welfare The list of provisions being described such as exposure to chemicals or explosive substances, machinery safety, health of person and personal protective equipment are part of the requirements that are suitable to be complied by industries whereas other requirements are more towards authority and administrative requirements. The provisions could be referred and relevant to be used as an input factor during the development stage of risk assessment tools for confined spaces editor@iaeme.com

12 Zamree Amin, Roslina Mohammad, Norazli Othman, Astuty Amrin, Saárdin Abdul Aziz and 2 3 Persons in charge and certificates of competency Notice of occupation of factory and registration and use of machinery Explains the training and supervision of inexperienced workers, young persons, certain machinery not to be operated without certified staff and machinery not to be manufactured without written authority Explains the operation of factory, building operation or works of engineering construction, installation of machinery, application for registration, register, moving or alteration of or addition to machinery to be approved, periodical inspections, questions for decision by an Inspector and appeals from such decision, report of changes, machinery or factory no longer in use, notice of sale hire or transfer, copy of report of enquiry may be supplied and powers of the Chief Inspectors in answering enquiries. It is suitable for reference in workplaces where most routine operation deals with machinery. The requirements could be used as guidance in planning for the operation of factory including the modification and usage of machinery. The risk of using certain types of machinery could be occurred in confined space. The information from the requirements could be used for adding important criteria during risk assessment process for confined space works. It is part of the administrative control to ensure all the hazards and risks are being identified and controlled accordingly. These factors are directly related to the process of developing risk assessment tools for confined space A Review of FMA Malaysia A review on the Factories and Machinery Act 1967 (FMA 1967) is according to the identified requirements being outlined in Table 4 where the review approach is based on the most practical implementation that is relevant to the elements and process of risk assessment for confined space. For that instance, the provision of FMA 1967 to be reviewed is the exposure of person to substances, hazards of machinery, workers health, workers welfare and personal protective equipment. It also outlines the training requirements, competency in operating machinery, installation and maintenance of machinery and modification of machinery. For exposure to substances, it could be flammable, toxic or explosive substances that might expose to workers such as hydrogen sulphide, methane or enrichment of oxygen. This type of environment commonly occurs during confined space entry where it could be generated from the substance being used or generated naturally from the surrounding atmosphere of confined space. Hazards of machinery would be derived from exposure to rotating parts of machine or projecting of materials during occupancy. This is due to lack of safety awareness while handling machines such as power hand tools. Besides that, the health condition of workers is also important to be monitored regularly as it relates to the welfare of workers such as water supply, suitable accommodation and resting areas. This is pre-requirements for every personnel working in confined spaces to ensure all workers are fit to work as recommended by the Occupational Health Doctor editor@iaeme.com

13 Recent Review on Legislations Related to Risk Assessment for Confined Space Personal protective equipment requirement is selected according to the nature of work environment depending on type of hazards produced. Examples of toxic hazards in confined space is expose to hydro carbon gasses where all personnel are required to wear Self- Containing Breathing Apparatus if the concentration is above the permissible exposure limit. In addition, a competency training should be provided to relevant personnel to ensure they have sufficient knowledge and skills required. In terms of machinery operation, only welltrained workers are allowed to handle the machine where these requirements are to prevent any misuse of machinery such as bypassing safety devices or physical modification. Another important factor to pay attention while dealing with machineries is the Lockout Tag-out (LOTO) system where most of accident happened if failed to adhere to LOTO system especially during maintenance or repair works (Poisson and Chinniah, 2016). The study revealed that, the implementation of Lock Out programs by workers is much better than the procedure being established. Those kinds of issues happened due to regulatory compliance only. Moreover, the proposal for improving the Lock Out programs also have been made, such as participatory and adaptive management system, audits, using pictograms in identifying danger zones, training, providing feedback and goal setting. Due to that, the results from the study are observed as useful input to be included in the development process of risk assessment tools for confined spaces. As for actual confined space work practice, some of them such as mixing tank also require a LOTO system to be in place because it would lead to entanglement hazard due to the mechanical design of the tank, for example if someone spontaneously activates the system. Furthermore, FMA 1967 requirements which have been discussed will be reviewed further, especially the three factors that contribute to the process of risk assessment for confined spaces as follows: a. Practical application to confined space safety activities Several requirements from FMA 1967 have been identified as suitable for practical safety application in confined space works such as the correct usage of working platform or ladder, provision of safe access and egress, protection of vessel opening, preventing exposure to hazardous substances or toxic atmosphere, practicing correct working posture, briefing workers for emergency escape, checking tools and machinery for safe operation, providing instruction to workers to prevent misuse of machinery, practicing good housekeeping, deciding the number of entrants depending on the size of confined space, providing appropriate ventilation system, providing sufficient lighting, applying job rotation when necessary, providing shelter to protect from extreme weather, wearing suitable personal protective equipment and regularly conduct awareness training. b. Opportunity to enhance the safe system of work for confined space The elements of safe system of work being observed are commonly incorporated in the Safe Work Procedure (SWP) or Safety and Health Management Plan (SMP). The safety and health requirements for confined spaces could be stated in the SMP or SWP. For example, the safety requirements for working in confined spaces could be listed as procedures in the selection of working platform and ladders, procedures prior entry, manual lifting procedure, emergency procedure and machinery operation procedure. For the requirements of health for working in confined spaces, the requirements to be included include housekeeping procedures and ventilation procedures. On top of that, the welfare of workers also could be included in enhancing the safe system of work for confined space such as provide temporary accommodation, drinking and washing facilities and first aid. Moreover, the procedure for training especially for refreshing existing workers and inducting new workers is also relevant in enhancing the safe system of work editor@iaeme.com

14 Zamree Amin, Roslina Mohammad, Norazli Othman, Astuty Amrin, Saárdin Abdul Aziz and c. Suitability to include in the elements of risk assessment for confined space Based on the practical implementation and enhancing the safe work system for confined space, the elements that have been identified as practical to be applied in confined space work are mostly suitable to be included as elements for risk assessment. This is due to the issues that commonly occurred during working in confined space and have a potential to lead to an accident if risk control measures are not being taken adequately. In addition, the example list of dangerous occurrences such as bursting of vessels, collapse or failure of machine structure, explosion or fire of room of plant and explosion or fire of structure could be used as reference in the process of risk assessment for confined space works. From the review conducted, even the FMA requirements are not specifically related to the risk assessment for confined space, certain requirements were observed as part of contribution factors towards the practical application for confined space safety activities, opportunity to enhance the safe system of work and suitability to include in the elements of risk assessment. 3. COMPARISON OF LEGISLATION The legislation being reviewed will be compared to its risk assessment elements being outlined in each legislation. The outcomes from the comparison will trigger a basis in enhancing the risk assessment process prior plan for working in confined space. From the comparison, all the three Legislation spells out indirectly on their risk assessment approach through health and safety elements requirements. It can be concluded that all Legislation does not have specific risk assessment methodology. The legislation only explains the health and safety requirements in general form and the requirements to conduct a risk assessment in a workplace. The Quebec Regulation has mentioned about working in an enclosed area which suited to the safe requirements for working in confined space. OSHA Malaysia stated clearly the responsibilities of Employers and self-employed person where these requirements are focus on the safe work system need to be develop by Employer for any type of jobs involve. FMA Malaysia stress on the safety, health and welfare of workers in organisation and from the provisions, it clearly stated about the commitment need to be held by employer in securing safety, health and welfare of workers regardless type of works involve. From the study, the best Legislation which contributes the most practical approach for risk assessment input for confined space works is OSHA Malaysia. The elements being presented are suitable for enhancing the current risk assessment tools as well as its self-regulation approach concept. In order to improve our Malaysian safe work practices for confined space, the examples of the method in assessing risk and other relevant inputs from the Legislations could be integrated to ensure the risk assessment tools being develop is effective, practical and suit for all tasks in confined space. In addition, the requirements to perform risk assessment prior begin any tasks in workplace should be embedded in the mind of all employer and employee from the beginning stage of project. This approach will indirectly inculcate the safe work culture throughout the project duration. Attention needs to be more focused on critical activities such as confined space entry. For instance, there is still a room for improvements in enhancing the current practice of occupational risk assessment in construction by identifying its weaknesses and strategies to overcome it (Pinto et al., 2011). The importance of engagement on safety leadership by management level will promote a safety-oriented mindset by employee and promote employee to engage in safety in their daily routine job (Conchie et al., 2013). Furthermore, the common issues in confined space accident are related to underestimating its risks and could lead to inappropriate risk reduction measures (Vienney et al., 2016) editor@iaeme.com