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SEMESTER I 2019/2020
Factories and Machineries Act (FMA) came into force in 1967, to provide for the control of
factories with respect to matters relating to safety, health and welfare of persons at work and
to provide control on registration and inspection of machinery. FMA was approved by the
Parliament of Malaysia in year 1967, in 1970 FMA and eight regulations under the act were
enforced. This act was legislated to overcome the weaknesses in the Machinery Ordinance
1953; they were not protected if they are working in a workplace that doesn’t use machinery.
Factory and Machinery Act 1967 only covers occupational safety and health in the
manufacturing, mining, quarrying and construction industries, whereas the other industries
are not covered. In FMA also have fifteen regulations. An act to provide for control of
factories with respect to matters relating to the safety, health and welfare of person therein,
the register and inspection of machinery and for matter connected therewith. FMA and The
Occupational Safety and Health Act (OSHA) is enabling act it means they were given power
to minister to gazette details and regulations. FMA contains some general provisions on
safety, health and welfare, the details provisions are stipulated under the regulations. This
case study will use 8 regulations from 15 regulations in this Factory Machinery Act 1967
The Occupational Safety and Health Act 1994 or Act 514 provides the legislative framework
for the safety, health and welfare among all Malaysian workforces. The principle is to prevent
and protect the workers against hazards and its risks in connection with their activities at
work. It requires all companies to establish and document: 1. Safety and health policy, 2.
Duties of the employer, employees and the safety and health officers, 3. The safety and health
committee of companies, and 4. Occupational safety and health inspections and officer. The
purposes of Act 514 are: 1. to secure the safety, health and welfare of persons at work against
hazards and risks arising out of the activities of person at work; 2. to protect person at a place
of work, other than persons at work, against risks arising out of the activities of persons at
work; 3. to promote an occupational environment for persons at work which is adapted to
their physiological and psychological needs; 4. to provide the means whereby the associated
occupational safety and health legislation may be progressively replaced by a system of
regulations and approved industry codes of practice operating in combination with the
provisions of this Act designed to maintain or improve the standards of safety and health.
The Chemicals Act (Control of Major Accident Hazards involving Dangerous Substances)
Regulations 2015 (the “COMAH Regulations”), implement the Seveso III Directive
(2012/18/EU). The purpose of the COMAH Regulations is to lay down rules for the
prevention of major accidents involving dangerous substances, and to seek to limit as far as
possible the consequences for human health and the environment of such accidents, with the
overall objective of providing a high level of protection in a consistent and effective manner.
The intention is to achieve this through tiered controls on the operators of the establishments
subject to the regulations - the larger the quantities of dangerous substances present at an
establishment, the more onerous the duties on the operator.
Protecting people in the workplace and surrounding community has always been one of the
Hazard (CIMAH) Regulations legislation was gazetted in 1st February 1996 under the
Occupational Safety and Health Act to control the risk of technological disaster occurrences
due to hazardous materials. This law came into existence as a minimum requirement for
industries to control possible disasters related to hazardous materials. Malaysia’s CIMAH
Regulations was mainly adapted from United Kingdom’s CIMAH Regulations, 1984. The
major differences between the regulations were 1) threshold handling quantity of hazardous
materials and 2) the role of registered “major hazard competent person” as recognized
professional practitioner to consult MHI on the scopes of industrial major accident, primaries
aims of any regulations and standards
A small suburban town some 10 miles north of Milan, Italy, Seveso had a population of about
17,000 in the 1970s. Other nearby cities include Desio, Cesano Maderno and Meda; together,
these formed a mix of urban, residential and small farming areas. A local chemical plant,
constructed many years earlier in Meda, was owned by ICMESA, a subsidiary of
pharmaceutical giant Hoffman-La Roche. Overall, the plant was not perceived as a threat by
the local population. All that changed, however, on the afternoon of Saturday, July 10, 1976,
as parts of the plant were being shut down for the weekend. While residents of Seveso and
the surrounding area were tending their gardens, running errands or watching their children
play, one of the buildings in the chemical plant was getting dangerously hot as cooling
mechanisms were turned off. When the temperature inside one of the plant's tanks reached a
critical level, a pressure release valve opened, and about six metric tons of toxic gas were
emitted from the facility. The resulting gas cloud that drifted over the Seveso area contained
an estimated one kilogram of TCDD, technically known as 2,3,7,8-tetrachlorodibenzodioxin.
A Code of practice can be a document that complements occupational health and safety laws
and regulations to provide detailed practical guidance on how to comply with legal
obligations, and should be followed unless another solution with the same or better health and
safety standard is in place, or may be a document for the same purpose published by a self-
regulating body to be followed by member organisations. Organisational codes of practice do
not have the same authority under law, but serve a similar purpose. Member organisations
generally undertake to comply with the codes of practice as a condition of membership and
may lose membership if found to be in violation of the code.
Industrial Hygiene (IH) is the practice of regulating, anticipating, evaluating and participating
in the prevention of hazards within the workplace that will affect the wellbeing of workers.
Health and safety hazards cover a wide-range of physical, chemical and biological stressors
which may cause sickness, impaired health or significant discomfort among workers or
citizens of your community. There are numerous hazards that can exist between employees
who work with chemicals, pathogens and contaminants. Setting practice controls ensure that
the environmental and physical hazards are best taken care of in a developed and mandated