FACTORIES & MACHINERY ACT

1967
Shahrul Niza Rasidi
M.Eng (SHE)
University of Malaya
OBJECTIVE:
 Control of
factories
operations with
 Respect to safety,
health and
welfare of persons
 Registration and
inspection of
machinery
APPLICATION
 OSHA 1994 supersedes the FMA 1967 in
the event of any conflict
 FMA 1967 applies to mainly factories and
construction sites
 FMA and OSHA – enabling act (give
power to minister to gazette detail
regulations)
 Contains some general provision on
safety, health and welfare
APPLICATION
 FMA - limited to manufacturing
industry, mining and quarrying and
construction
 Do not contain detail provisions on
specific matters
 Detail provisions are stipulated
under the regulations
ARRANGEMENT
 FMA 1967 divided into 6 parts:
 Part 1 Preliminary

 Part 2 Safety, health and welfare

 Part 3 Persons-in-charge and certificates of

competency
 Part 4 Notification of accidents, dangerous
occurrence and dangerous diseases
 Part 5 Notice of occupation of factory and
registration and use of machinery
 Part 6 General
PART 1: PRELIMINARY
 Definition of a factory:
a) There must be premises and
its boundaries can be defined;
b) Within the premises there is
manual labor doing process
c) The process must involve the
making, altering, repairing,
ornamenting, finishing,
cleaning, washing, breaking
up demolition or adapting for
sale any article; and Part I –
building operations, hoisting
machine, machinery, steam
d) The processes must be for
trading.
 (Other definitions in boiler)
PART 2: SAFETY, HEALTH AND
WELFARE
 Key points:
1. Premises must be structurally sound with safe
access to work areas, materials and goods
must be safely stacked (Section 10)
2. Machinery must be of sound construction and
dangerous parts must be fenced (Section 14,
15, 16)
PART 2: SAFETY, HEALTH AND
WELFARE
1. Employees must not misuse safety and health
equipment (Section 20)
2. Employees not to endanger himself or other
person
PART 2: SAFETY, HEALTH AND
WELFARE
 Key points:
5. Premises must be kept in clean state, with
adequate work space, ventilation, lighting
and toilets (Section 22)
PART 2: SAFETY, HEALTH AND
WELFARE
5. Persons must be supplied with adequate
facilities for clothing, storage, drinking,
water, first aid and washing facilities
(Section 25)
6. Employees must be trained on the safety of
machinery (Section 26)
PART 3: PERSONS-IN-CHARGE AND
CERTIFICATES OF COMPETENCY
Key points:
 Machinery operators must be adequately trained or
under the supervision of a trained person (Section 26);
 Young persons (< 16 years) must not operate
machinery (Section 28)
PART 4: NOTIFICATION OF ACCIDENTS,
DANGEROUS OCCURRENCE AND DANGEROUS
DISEASES

 The occupier must notify the

nearest inspector of accidents
and diseases. Accidents include:
 Loss of life;
 Injury to a person who loses more
than 4 days work
 (loss time injury – LTI);
 Serious damage to machinery or
other property (Section 31).
 Inspectors may investigate
accidents and dangerous
occurrence and hold enquiries
into more serious cases (Section
33)
PART 5: NOTICE OF OCCUPATION OF FACTORY
AND REGISTRATION AND USE OF MACHINERY

 Notify Department of Occupational Safety ad Health

(DOSH) within 3 months of the intended start date (Section
34)
 Building operations must be notified if last more than 6
weeks (Section 35)
 Changes to the use of factory or machinery must be notified
to DOSH
 Fills a standard form together with
a) layout plan of the factory;
b) list of products to be manufactured;
c) list of machines to be used;
d) list of chemicals, toxic or flammable substances to be used,
and
e) detail flow chart of the processes.
PART 6: GENERAL
 Section 31 ,subsections
34(1), 36(1), 38(1) and
39(1) -RM100,000
and/or 2 yrs jail
 Section 39(3) or Section
40(4)- RM 250,000
and/or 5 years jail
 General sections is RM
50,000 and/or 1 year
jail
SCHEDULES
 Schedule 1
 Defines dangerous occurrences to
machinery that need to be notified
 Schedule 2
 Describes the types of injury that may
be classified as “serious bodily injury”
 Schedule 3
 Lists notifiable industrial diseases
REGULATIONS UNDER THE ACT
 Factories and Machinery (Certificates of
Competency – Examinations) Regulations,
1970
 Factories and Machinery (Electric
Passenger and Goods Lift) Regulations,
1970
 Factories and Machinery (Fencing of
Machinery and Safety) Regulations, 1970
 Factories and Machinery (Notification of
Fitness and Inspections) Regulations,
1970
REGULATIONS UNDER THE ACT
 Factories and Machinery (Person-In-Charge)
Regulations, 1970
 Factories and Machinery (Safety, Health and
Welfare) Regulations, 1970
 Factories and Machinery (Steam Boiler and
Unfired Pressure Vessel) Regulations, 1970
 Factories and Machinery (Administration)
Regulations, 1970
REGULATIONS UNDER THE ACT
 Factories and Machinery (Compounding of
Offences) Rules, 1978
 Factories and Machinery (Compounding of

 Offences) Regulations, 1978

 Factories and Machineries (Lead) Regulations,

 1984

 Factories and Machineries (Asbestos Process)

Regulations, 1986
REGULATIONS UNDER THE ACT
 Factories and Machinery (Building Operations
and Works of Engineering Construction) (Safety)
Regulations, 1986
 Factories and Machinery (Noise Exposure)
Regulations,1989
 Factories and Machinery (Mineral Dust)
Regulations, 1989
THE END