LAWS OF MALAYSIA

Act 139
FACTORIES AND MACHINERY ACT 1967

An Act to provide for the control of factories with
respect to matters relating to the safety, health
and welfare of person therein, the registration
and inspection of machinery and for matters
connected therewith.

FMA 1967 & THE REGULATIONS


OBJECTIVES

Control of factories operations with respect
to safety, health and welfare of persons.

Registration & inspection of machinery


FMA 1967 & THE REGULATIONS

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FMA 1967 & THE REGULATIONS



THE ACT (1/2)

To provide control of factories related to
safety, health & welfare of persons at
work, and any matters related to registration
& inspection of machinery

Specify dangerous occurrence, types of
serious bodily injury & industrial diseases.

Specify powers of Inspectors, obstruction
and offences
FMA 1967 & THE REGULATIONS

FMA 1967 & THE REGULATIONS


THE ACT (2/2)

Specify requirement for machinery steam
boilers, unfired pressure vessels, gas cylinders,
transmission machinery, hoisting machines & etc.

Specify duties of persons employed and occupier,
person in charge & certificate of competency.

Instruct al machinery to have written approval,
valid certificate of fitness & periodically inspection
by Inspector
FMA 1967 & THE REGULATIONS

APPLICATION
OSHA 1994 supersedes the FMA 1967 in the
event of any conflict

FMA 1967 applies to mainly factories & construction sites.

FMA & OSHA enabling act (give power to minister to gazette
detail regulations)

Contain some general provision on safety, health and welfare

FMA limited to manufacturing industry, mining,
quarrying

No detail provisions on specific matters detail provision are
stipulated under the regulations.

ARRANGMENT

Part 1 Preliminary

Part 2 Safety, health and welfare

Part 3 Persons-in-charge & certificates of
competency

Part 4 Notification of accidents, dangerous
occurrence, & dangerous diseases

Part 5 Notice of occupation of factory & registration
& use of machinery

Part 6 General

PART 1 - PRELIMINARY

Definition of Factory
Premises & its boundaries

Within the premises there is manual labor doing
process of making, altering, repairing ornamenting,
finishing, cleaning, washing, breaking, demolishing,
constructing, fitting, adjusting

The process must be for trading any business


PART 2 SAFETY, HEALTH & WELFARE
Key points:

Premises must be designed with safe access to work
areas, material & goods must be safely stacked (S.10

Machinery must be properly constructed & dangerous
parts must be fenced (S.14,15,16)

Employees must not misuse safety & health
equipment (S.20)

Employees must not to endanger himself or other
person

PART 2 SAFETY, HEALTH & WELFARE

Premises must be kept clean with adequate space,
ventilation, lighting & toilets (S.22)

Persons must be) supplied with adequate facilities
for clothing, storage, drinking, water, first aid & &
washing facilities (S.25)

Employees must be trained on safety of machinery
(S.26)
PART 3: PERSONS-IN-CHARGE & CERTIFICATES OF COMPETENCY


Machinery operators must be adequately
trained or under the supervision of a
trained person (S.26)

Young persons (<16) must not operate machinery
(S.28)
CERTIFICATE OF FITNESS
FROM THE DEPARTMENT OF OCCUPATIONAL SAFETY AND
HEALTH (DOSH)
Hoisting Equipment Certificate of Fitness for Hoisting
Machine (Perakuan Kelayakan Mesin Angkat, PMA).
Example: lift, crane, moving stairs, gondola.
PART 3: PERSONS-IN-CHARGE & CERTIFICATES OF COMPETENCY

CERTIFICATE OF FITNESS
FROM THE DEPARTMENT OF OCCUPATIONAL SAFETY AND
HEALTH (DOSH)
Pressure Vessels Certificate of Fitness for Pressure Vessel
(Perakuan Kelayakan Mesin Tekanan, PMT).
Example: Air Receiver.
PART 3: PERSONS-IN-CHARGE & CERTIFICATES OF COMPETENCY

CERTIFICATE OF FITNESS
FROM THE DEPARTMENT OF OCCUPATIONAL SAFETY AND
HEALTH (DOSH)
Steam Boiler Certificate of Fitness for Steam Boiler (Perakuan
Kelayakan Mesin Dandang, PMD).
Example: steam boiler, sterillizer.
PART 3: PERSONS-IN-CHARGE & CERTIFICATES OF COMPETENCY

PART 4: NOTIFICATION OF ACCIDENTS,DANGEROUS OCCURRENCE &
DANGEROUS DISEASE
The occupier must notify the nearest Inspector of accident
& diseases include:

Loss of life

Injury to a person who loses more than 4 days work loss
injury time LTI)

Serious damage to machinery or other property (S.31)

Inspectors may investigate accidents & dangerous
occurrence & hold inquiries on more serious cases (S.33)
PART 5: NOTICE OF OCCUPATION OFFACTORY & REGISTRATION & USE
OF MACHINERY
Notify DOSH within 3 months of the intended start date
(S.34)

Building operations must be notified if last more than 6
weeks (S.35)

Changes to the use of factory or machinery must
be notified to DOSH

Fills standard form with (a) layout plan of factory,(b) list of
manufactured products, (c) list of machines to be used,
(d) list of chemicals, toxic or flammable substance, (e)
detail flow chart of work process
PART 6 - GENERAL

General penalty RM2,000


Certain sections with penalty RM5,000 (S.51)
REGULATIONS

FMA (Certificate of Competency Examination) Regulations
1970 (Revised 1988)

FMA (Electrical Passenger & Goods Lifts)
Regulations 1970

FMA (Fencing of Machinery & Safety)
Regulations 1970 (Revised 1988)

FMA (Notification, Certificate of Fitness & Inspection)
Regulations, 1970

FMA (Person-in-Charge) Regulations, 1970
(Revised 1988)
REGULATIONS

FMA (Safety, Health & Welfare) Regulations,1970

FMA (Steam Boilers & Unfired Pressure Vessels)
Regulations, 1970

FMA (Administration) Regulations, 1970

FMA (Compounding of Offences) Rules, 1978

FMA (Compoundable Offences) Regulations,1978

FMA (Lead) Regulations, 1986
REGULATIONS
FMA (Asbestos Process) Regulations1986

FMA (Building Operations & Works of Engineering
Construction) (Safety) Regulations, 1989

FMA (Noise Exposure) Regulations, 1989
REGULATIONS
FMA (Mineral Dust) Regulations 1989

FMA (Notification, Certificate of Fitness &
Inspection) (Amendment) Regulations 2004

FMA (Steam Boilers & Unfired Pressure Vessels)
(Amendment) Regulations 2005
FMA 1967 Versus OSHA 1994
OSHA 1994
Philosophy & Guiding Principles

Responsibilities to ensure safety & health at the
workplace lies on those who create the RISK and
those who work with the RISK
OSHA 1994 - Objectives
To secure the safety, health & welfare of persons at work

To protect person (other than person at work) against hazard

To promote the occupational environment

Adaptable to the persons physiological & psychological
needs

An enabling act based on regulations & industrial codes of
practice in combination with the provisions of the act
FMA 1967 - OBJECTIVES
Control of factories operations with respect to
safety, health and welfare of persons.

Registration & inspection of machinery
OSHA 1994 vs FMA 1967
Application
OSHA 1994 supersedes the FMA 1967 in the event of any conflict

FMA 1967 applies to mainly factories & construction sites

FMA & OSHA enabling act (give power to minister to gazette
detail regulations)

FMA contains some general provision on safety, health &
welfare

FMA limited to manufacturing industry, mining & quarrying and
construction

FMA do not contain detail provisions on specific matters (Detail
provisions are stipulated under the regulations)