FACTORIES AND MACHINERY ACT 1967 (FMA 1967)

ACT 139
An Act to provide the control of factories with
respect to matters relating to the safety,
health and welfare of persons therein, the
registration and inspection of machinery and
for matters connected therewith.
(1st Feb, 1970)
1967 - The Factories and Machinery Act was passed
by the Parliament of Malaysia
1968 Industrial Health Unit was set up. (Unit Kesihatan
Perusahaan ditubuhkan)
1970 The FMA 1967 is implemented/enforced. Machinery &
Factory Dept was responsible, under Ministry of Labour and
Manpower (KementerianBuruhdanTenaga Rakyat
Main Objectives of FMA 1967:
To control the safety, health and welfare of workers in
workplaces defined as factories.
To regulate the use of high risk machinery such as
passenger lifts, escalators, unfired pressure vessels, steam
boilers and cranes which may pose danger to members of
the public.
Industry sectors covered by FMA 1967:

Construction
Manufacturing, mining and quarrying
Government services
Wholesale and retail trades, Hotel and Restaurants

Specific definitions
Factories

 Refer to workplaces or premises in the manufacturing,

construction, mining and quarrying sectors.
It EXCLUDES:
Premises used for the purposes of housing
locomotives or vehicles where only cleaning,
washing, running repairs or minor adjustments are
carried out
Premises where less than 5 persons carry on any
work in which machinery is not used.
Machinery
Refer to steam boilers, unfired pressure vessels, prime
movers, transmission machinery, hoisting machines and
tackle, driven machinery, gas cylinders, gas holders and
any equipment for the casting, welding or electrodeposition of metals and for the spraying by means of
compressed gas or air of metals or other materials.
It EXCLUDES:
Machinery used for the propulsion of vehicles other
than steam boilers or steam engines
Machinery driven by manual power other than
hoisting machines
Machinery used solely for private and domestic
purposes or
Office machines.

Steam boiler
Means any closed vessel in which for any purpose steam is
generated under pressure greater than atmospheric
pressure.
It INCLUDES:
any economiser used to heat water being fed to the
vessel
any super heater used for heating steam
any pipes and fittings connected thereto.
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Unfired pressure vessel

Means any enclosed vessel under pressure greater than
atmospheric pressure by any gas or mixture or
combination of gases.
It INCLUDES:
Any vessel under pressure of steam external to the
steam boiler
Any vessel which is under pressure of a liquid or gas
or both, and
Any vessel subject internally to a pressure less than
atmospheric pressure but does not include gas
cylinders.

Prime mover
Means every engine, motor or other appliance which
provides mechanical energy derived from air, steam,
water, wind, electricity, the combustion of fuel or other
source.
Transmission machinery
Means every shaft, wheel, drum, pulley, system of fast
and loose pulleys, coupling, clutch, driving belt or other
device by which the motion of a prime mover or other
source of mechanical power is transmitted to or received
by any machine or appliance.

OCCUPATIONAL SAFETY AND HEALTH ACT 1994 (ACT 514)

OSHA was enacted on 25th Feb 1994 with the intent to

ensure safety, health and welfare of all persons at
places of work.
The Act contains 67 sections, divided into 15 parts and
appended with 3 schedules
Philosophy/basic concept of OSHA 1994 self-regulation
Means that the primary responsibility of ensuring safety
and health at the workplace lies with those who create the
risks as well as with those who work with the risks.
Industry sectors covered by OSHA 1994 (as specified in
the First Schedule)
1. Manufacturing
2. Mining and Quarrying
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3. Construction
4. Agriculture, Forestry and Fishery
5. Utilities: electricity, gas, water and sanitary services
6. Transport, Storage and Communications
7. Wholesale and Retail Trades
8. Hotel and Restaurants
9. Finance, Insurance, Real Estate and Business Services
10.
Public Services and Statutory Authorities
Brief descriptions:
Manufacturing
Manufacture: to make something into a finished product using
raw materials.
Examples:
manufacture of food, beverage
textile, wearing apparel and leather industries
manufacture of wood products including furniture
manufacture of paper and paper products, printing &
publishing
manufacture of chemicals
other manufacturing industries
Mining and Quarrying
Mining: the process or business of obtaining or extracting any
mineral from above or below the ground or in or below the sea.
Examples:
coal mining
crude petroleum & natural gas production
metal mining
Quarrying: to extract stone or other mineral from a quarry.
Example:
stone quarrying, clay & sand pits
Construction
Construction: the activity or process of construction, extension,
installation , maintenance, renewal, renovation, dismantling or
demolition of any building, any road, any drainage, any
electrical works, any bridge and works which include site
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clearance, soil investigation etc. Broader definition can be

obtained from the Construction Industry Development Board
(CIDB) Act 1994 (Act 520).
Examples:
general contracting including civil engineering
special trade contracting
Agriculture, Forestry and Fishing
Agriculture: the occupation or business of cultivating the land,
producing crops, harvesting timber and raising livestock.
Examples:
paddy farming
palm oil plantation
poultry farming
Forestry: the planting of trees or managing forests.
Example:
forestry and logging
Fishing: the sport, industry or occupation of catching fish.
Example:
ocean and coastal fishing.
Utilities
Electricity: supply of electric current especially when used as a
source of power.
Gas: supply of combustible gaseous substance such as natural
gas or coal gas, used as a fuel.
Water: supply of water to a house, town or region.
Sanitary : relating to public health, especially general hygiene
and the removal of human waste through the sewage system.
Example: sanitary services.
Transport, Storage and Communications
Transport: to carry people or goods from one place to another,
usually in a vehicle.
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Examples: lorry, bus, taxi, container transportation

Storage: the activity of storing something, or the condition of
being stored.
Example: warehouse.
Communication: A system for sending and receiving message,
as by post, telephone or telegram. Any method which human
beings pass information to another, including publishing,
broadcasting and telecommunications.The art and technology
of communicating in all its form.
Examples: radio, television.
Wholesale and Retail Trades

Amongst the objectives of OSHA 1994:

to secure the safety, health and welfare of persons at
work against risks to safety or health arising out of the
activities of persons at work.
The terms safety, health and welfare can be defined as
follows:
safety as the absence of risk to injury
health as a state of complete physical, mental and social
well-being and not merely the absence of disease.
Welfare of employees would include provisions of first aid,
drinking water, canteen, washing facilities and toilets for
men and women.
The Main objectivesof OSHA 1994:

To promote safety and health commitment among all

employers and employees
To establish effective safety organization and work
arrangements in the workplace.
Long term goal of OSHA 1994:
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 To create a healthy and safe working culture among all

employers and employees.
Statutory bodies/authorities related directly to OSH

DOSH
NIOSH
CIDB
Limitations of OSHA 1994
OSHA1994 cannot be applied to those who work on
board ships governed by Merchant Shipping Ordinance
1952, Merchant Shipping Ordinance 1960 of Sabah OR
Sarawak Or the armed forces.
Armed forces for this Act as defined in the Armed Forces
Act 1972 includes the regular forces and volunteer forces
of Malaysia and any other forces declared by the Yang di
PertuanAgong (King of Msia).
Civilians working under the Ministry of Defence are
covered by the ACT

Interpretation of Terms under OSHA 1994

Industry
Means the public services, statutory authorities or any of
the economic activities listed in the First Schedule (i.e. the
Ten (10) Industry Sectors covered earlier)
Government
Means the Federal Government of Malaysia, the
Government of a State or a local government.
Place of work (or workplace)
Means premises where persons work or premises used for
the storage of plant or substance.
Plant
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 Any machinery, equipment, appliance, implement or tool,

any component thereof and anything fitted, connected or
appurtenant thereto.
Substance
Means any natural or artificial material, whether in solid or
liquid form or in the form of a gas or vapour or any
combination thereof.
Examples of natural substances: bacteria, virus, fungi,
chemicals like lead, mercury and arsenic.
Example of a substance that can exist in 3 forms: lead
In solid form: ingot lead; in liquid form: molten lead; and in
vapour form: lead fumes.
Examples of artificial substances: DDT and hydrochloric
acid

Appurtenant
Are accessories to machines and equipment
Premises
Refer to:
a) Any land, building or part of any building
b) Any vehicle, vessel or aircraft
c) Any installation on land, offshore installation or other
installation whether on the bed of or floating on any water,
and
d) Any tent or movable structure.

Occupier
In relation to a place of work, means a person who has the
management or control of the place of work.
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Officer
Means the occupational safety and health officer
appointed under subsection 5 (2) and includes the Director
General, Deputy Directors General, Deputy Directors and
Assistant Directors of OSH.
Employee
A person who is employed for wages under a contract of
service on OR in connection with the work of an industry
to which this Act applies.
In UK, trainees are considered as employees.
In Malaysia, apprentices are considered as employees. No
mention is made with regards to trainees. Hence trainees
in Malaysia may be considered as other persons at the
workplace.
Employer
the immediate employer or the principal employer or both.
Employer under the Employment Act 1955 means any
person who has entered into a contract of service to employ
any other person as an Employee.
Employers may include owners, developer, main contractor or
subcontractor if there is a contract of service to employ any
other person as an Employee.

Principal Employer
means the owner of an industry or the person with whom
an employee has entered into a contract of service and
includes:
a) a manager, agent or person responsible for the payment
of salary or wages to an employee
b) the occupier of a place of work
c) the legal representative of a deceased owner or occupier,
and
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d) any government in Malaysia, department of any such

government, local authority or statutory body.
Agent the person authorized to act for another person in
business, etc.

Contract of service
any agreement, whether oral or in writing and whether
express or implied, whereby one person agrees to employ
another as an employee and that other agrees to serve his
Employer as an Employee and includes an apprenticeship
contract.
Some important Provisions of OSHA 1994
DUTIES AS AN EMPLOYER
THE ACT REQUIRES YOU:
TO PROVIDE AND MAINTAIN PLANT AND SAFE SYSTEMS OF
WORK THAT ARE SAFE AND WITHOUT RISKS TO HEALTH.
TO MAKE ARRANGEMENTS FOR ENSURING SAFETY AND
HEALTH IN CONNECTION WITH THE USE OR OPERATION,
HANDLING, STORAGE AND TRANSPORTATION OF PLANTS
AND SUBSTANCES.
TO PROVIDE INFORMATION, INSTRUCTION, TRAINING AND
SUPERVISION TO ENSURE EMPLOYEES PERFORM THEI
WORK IN A SAFE MANNER AND WITHOUT RISKS TO
HEALTH.
TO MAINTAIN A PLACE OF WORK THAT IS SAFE AND
WITHOUT RISKS TO HEALTH, INCLUDING MEANS OF
ACCESS AND EGREEES.
TO PROVIDE AND MAINTAIN A WORKING ENVIRONMENT
THAT IS SAFE AND WITHOUT RISKS TO HEALTH WITH
ADEQUATE WELFARE FACILITIES.
PENALTY FOR FAILURE TO COMPLY IS:
RM 50,000 OR TWO YEARS IMPRISONMENT OR
BOTH
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In discharging his duties as an Employer, and as far as

is practicable with regards to the hazards or risks at the
workplace, the Employer should consider the following
factors:
The severity of the hazard or risk
The state of knowledge about the hazard or risk
The availability and suitability of ways to remove or
mitigate the hazard or risk
The way of removing or mitigating the hazard or risk
The costs involved.
DUTIES AS AN EMPLOYEE
THE ACT REQUIRES YOU:
TO TAKE REASONABLE CARE AT WORK FOR THE SAFETY
OF YOURSELF AND OTHER PERSONS.
TO COOPERATE WITH THE EMPLOYER OR ANY OTHER
PERSON IN THE DISCHARGE OF ANY DUTY, UNDER THE
ACT OR REGULATIONS.
TO WEAR OR USE ANY PROTECTIVE EQUIPMENT AND
CLOTHING (ppe).
TO COMPLY WITH ANY INSTRUCTION OR MEASURE ON
OCCUPATIONAL SAFETY AND HEALTH AS REQUIRED UNDER
THE ACT OR REGULATIONS.
PENALTY FOR FAILURE TO COMPLY IS:
RM 1,000 OR THREE MONTHS IMPRISONMENT OR
BOTH
DUTIES AS A DESIGNER , FORMULATOR,
MANUFACTURER, IMPORTER OR SUPPLIER
THE ACT REQUIRES YOU:
TO ENSURE THAT THE PLANT OR SUBSTANCE IS SAFE AND
WITHOUT RISKS TO HEALTH WHEN PROPERLY USED.

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 TO CARRY OUT OR ARRANGE FOR CARRYING OF

NECESSARY TESTING AND EXAMINATION ON THE PLANT
OR SUBSTANCE.
TO PROVIDE ADEQUATE INFORMATION ABOUT THE USE OF
SUCH PLANT OR SUBSTANCE SO THAT IT WILL BE SAFE
AND WITHOUT RISKS TO HEALTH WHEN PROPERLY USED.
DESIGNERS OR MANUFACTURERS OF PLANT , AND
MANUFACTURERS OR SUPPLIERS OF SUBSTANCE FOR USE
AT WORK SHALL CARRY OUT OR ARRANGE FOR THE
CARRYING OUT NECESSARY RESEARCH TO ELIMINATE OR
MINIMISE ANY RISKS TO SAFETY OR HEALTH TO WHICH
THE DESIGN OR PLANT MAY GIVE RISE.
ERACTORS OR INSTALLERS OF PLANT TO ENSURE SAFE
ERECTION AND INSTALLATION OF PLANT FOR USE BR
PERSONS AT WORK.
PENALTY FOR FAILURE TO COMPLY IS:
RM20,000 OR TWO YEARS IMPRISONMENT OR
BOTH.
Safety and Health Officer (SHO)
In the Occupational Safety and Health (Safety and
Health Officer) Order 1997, an Employer of the class
of industries listed in the Order must employ a
competent and qualified person to act as a SHO at
the workplace.
Under this Order it is compulsory to employ a SHO for
an Employer of any building operation or work of
engineering construction:
Where the total contract price of theproject
exceedsRM20 million
Any ship building, gas processing activity or
petrochemical industry and any chemical and
allied industry employingmore than 100
employees
Any boiler and pressure vessel manufacturing
activity, metalindustry, wood working industry,
cement manufacturing activity employing more
than 100 employees.
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Any manufacturing industry other than cited

above employing more than 500 employees

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