1

EXECUTIVE MASTER OF OCCUPATIONAL SAFETY AND

HEALTH MANAGEMENT
(EMOSHM)

ANALYSIS ON THE FACTORIES & MACHINERY ACT 1967
9 Mac 2014


Prepared by Ir. Ludin Embong
Course Objectives
2
Be able to describe the background of FMA 1967
Be able to discuss the approach of the Act
Be able to pinpoint salient safety provisions of Regulations
under the Act
Be able to cite salient health provisions of Regulations under
the Act
Arrangement of Sections
3
FMA 1967 is divided into 6 Parts

Part 1: PRELIMINARY
Part 2: SAFETY, HEALTH & WELFARE
Part 3: PERSONS IN CHARGE AND CERTIFICATES OF
COMPETENCY
Part 4: NOTIFICATION OF ACCIDENT, DANGEROUS
OCCURRENCE AND DANGEROUS DISEASES
Part 5: NOTICE OF OCCUPATION OF FACTORY,
REGISTRATION AND USE OF MACHINERY
Part 6: GENERAL
Factories & Machinery Act 1967
4
Gazetted in 1967, first revised in 1988 & latest amendment
in 2006
Objectives in the long tittle:
An Act to provide for the control of factories with
respect to matters relating to the safety, health &
welfare of persons therein, the registration and
inspection of machinery and for matters connected
therewith.

The Minister may by order suspend the operation of the
whole or any of the provision of the Act..
PART 1
PRELIMINARY
5
Short title
Interpretation of factory & other interpretation of
terms commonly used in FMA 1967
Appointment & supervision of officers
Powers of an Inspector, entry into premises & seizure
procedures
Appointment & duties of a licensed person
Revocation of license & granting of new license
Obstruction an offence
6
APPLICATION

Apply to factories as interpreted under
Section 2(1) FMA 1967 and machinery
requiring certificate of fitness for
operation

The OSHA 1994 supersedes the FMA
1967 in the event of any inconsistency
between the two laws.
7
Factories and Machinery Act (Amendment) 2006
No SECT SHORT TITLE
1 S1 Short title and commencement
2 S2 Interpretation of factory
3 S3 Interpretation general
4 S5 Supervision of officers
5 S6 Officers are public servants
6 S7 Power of inspector
7 S8 Obstruction an offence
8 S9 Persons not to reveal secrets
9 S19 Certificate of fitness
10 S22 Provisions relating to health
8
No SECT SHORT TITLE
11 S29 Certain machinery not to be operated without
certificated staff (man., fabr., instl., repr.,)
12 S31 Accidents and dangerous occurrence to be reported
13 S32 Notification of industrial diseases
14 S33 Investigation and enquiries
15 S36 Installation of machinery, etc.
16 S37 Application for registration
17 S38 Register
18 S40 Periodical inspections
19 S41 Questions for decision by an inspector and appeals
from such decision
20 S44 Notice of sale, hire or transfer
(Cont..) Factories and Machinery Act (Amendment) 2006
9
(Cont..) Factories and Machinery Act (Amendment) 2006
No SECT SHORT TITLE
21 S47A Protection against personal liability
22 S48 Fees (time frame)
23 S51 Penalties
24 S51A Jurisdiction to try offences
25 S52 Institution of prosecution
26 S52A Power to compound offences
27 S55 Exemptions
28 S56 Regulations
29 Sch 3 Title: Notifiable Industrial Diseases to Notifiable
Occupational Diseases.
Interpretation of FACTORY
10
1. Very exhaustive interpretation as per Section 2(1):-
By definition - premises with a defined boundary + manual labour
connected with a specified process involved preparation of an
article and the process carried on for trade or gain
By description to include eleven (11) types of premises.

2. Any line or siding in connection with or for the purposes of a
factory as per Section 2(2).

3. Any pipeline used for transportation of dangerous substances which
may cause fire, explosion, or adverse health effects to any person as
per Section 2(3)



11
Section 3 Interpretation general

Amusement devise, amusement park, fair;
Fired pressure vessel; (e.g. thermal oil heater)
Definition for hoisting machine;
Licensed person;
Definition of machinery; (+ p/lines, fpv, amm dev. etc.)
Material handling equipment;
Petroleum, petroleum products;
Special scheme inspection;
Definition of works of engineering construction

(Cont..) Factories and Machinery Act (Amendment)
2006
DEFINITION OF MACHINERY
12
Includes steam boiler, unfired pressure vessels, fired pressure vessels,
pipelines, prime movers, gas cylinders, gas holders, hoisting
machines and tackle, transmission machinery, driven
machinery, materials handlings equipment, amusement device
or any other similar machinery and any equipment for the
casting, cutting, welding or electro-deposition of materials and
for the spraying by means of compressed gas or air of materials
of materials or other materials, but does not include-

a) any machinery used for the propulsion of vehicles other than
steam boilers or steam engines
b) Any machinery driven by manual power other than hoisting
machine
c) Any machinery used solely for private and domestic purposes;
or
d) Office machines
13
Section 6 Officers are public servants
Section 6(2) (New provision)

A licensed person, all his servants and agents and
other persons employed by him shall, while
discharging their duties as a licensed person and
such servants, agents, and employees, be deemed to
be public servants within the meaning of Penal Code.

(Cont..) Factories and Machinery Act (Amendment)
2006
14
Section 7D Appointment, power and duties of a
licensed person

Section 7D(1) Notwithstanding any other
provisions of this Act, the Minister shall have the
power to grant a license on such conditions as he
may think fit to any person to perform any of the
functions specified in this Act as the functions of a
licensed person as it appears to him to be
necessary.
(Cont..) Factories and Machinery Act (Amendment)
2006
15
Machinery
People
Environment
The Approach
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1 CONTROL OF MACHINERY

Manufacture of boilers & unfired pressure vessels
Permission to install machinery
Certificated machinery
Guarding of machinery
Construction of machinery
The Approach
17
2 CONTROL OF IN-DOOR ENVIRONMENT
Provision of safe plant
Provision of safe means of access
Provision of safe storage of materials
Provision of housekeeping
Provision of sufficient of working space
Provision of suitable temperature & lighting
Control of noise pollution
Control of gases, dusts, fumes & other impurities



The Approach
18
3 CONTROL OF PEOPLE
Provision of adequate training of workers
Registration of manufacturers, contractors, welders etc.
Registration of competent persons
Prohibition of employment of Young Person



PART 2 : SAFETY, HEALTH AND
WELFARE
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Safe premises including safe storage or stacking as per Sec. 10 with
precautions against fire as per Sec. 13.
Safe machinery as per Sec. 14 and dangerous parts and projecting
material to be properly protected as per Sec. 15 & 16 respectively.
Persons not to be exposed to explosive, inflammable, poisonous or
corrosive substance or ionising radiation as per Section 11 and
excessive lifting of weights to be avoided as per Sec. 12. Suitable
personal protective equipment & appliances to be provided as per Sec.
24.
Employees must not misuse safety and health equipment as per Sec.
20.
Provisions relating to health (cleanliness, work space, ventilation,
lighting, temperature) as per Sec. 22. and provisions against rain and
wind as per Sec. 23.
Welfare facilities clothing storage, drinking water, first aid and
washing facilities as per Sec. 25.

20
Section 19A Power to revoke CF obtained
by way of fraud or misrepresentation
(1) Chief Inspector revoke or terminate CF;
(2) aggrieved person may, within 14 days
of the notice appeal to the Minister by
way of writing;
(3) the decision of the Minister shall be
final.
(Cont..) Factories and Machinery Act (Amendment)
2006
Certificate of Fitness (CF)
PART 3
PERSON IN CHARGE AND CERTIFICATES OF
COMPETENCY
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Training & supervision of inexperienced workers on hazards
& precautions and received sufficient instruction in work
and under adequate supervision as per Sec. 26.
Certain machinery not to be operated without certificated
staff as per Sec. 29.
Young persons (Less than 16 years old) not allowed to
operate machinery as per Sec. 28

22
Section 29A No person shall
manufacture, fabricate, test, install,
maintain, dismantle or repair any
machinery which is prescribed unless
he has written authority issued by the
Chief Inspector.
(Cont..) Factories and Machinery Act (Amendment)
2006
Machinery not to be manufactured, etc.,
without written authority
PART 4
NOTIFICATION OF ACCIDENT, DANGEROUS
OCCURRENCES
23
NOTIFICATION OF ACCIDENT AND DANGEROUS
OCCURRENCES
INSPECTORS MAY INVESTIGATE AND HOLD ENQUIRIES
24
Section 31 Whenever any accident which
(a) causes loss of life to any person;
(b) causes serious bodily injury to any person;
(c) causes bodily injury to any person so that the
person is prevented from following the normal
occupation for more than three clear days excluding
the day of the accident;

to the nearest inspector having jurisdiction for the
area in which the accident or dangerous occurrence
has taken place.
(Cont..) Factories and Machinery Act (Amendment)
2006
Accident and dangerous occurrence to be reported
PART 5
NOTICE OF OCCUPATION OF FACTORY, AND
REGISTRATION AND USE OF MACHINERY

25
NOTIFY CHIEF INSPECTOR BEFORE OCCUPYING A
FACTORY PREMISES
NOTIFIFY CHIEF INSPECTOR OF BUILDING OPERATIONS
LASTING MORE THAN 6 WEEKS
CHANGES OF USE IN A FACTORY OR MACHINERY MUST
BE NOTIFIED
MACHINERY MUST BE REGISTERED
26
Section 36(3) When any machinery in respect of
which a CF is prescribed has been installed, a
written notice shall be served by the occupier or
owner of the factory on-
(a) the Inspector, who may as soon as conveniently
may be, make an inspection of the machinery; or
(b) a licensed person where applicable, who shall
within one month from the date of receipt of the
written notice make an inspection of the
machinery.
(Cont..) Factories and Machinery Act (Amendment)
2006
Installation of machinery, etc.
27
Section 38(2) inserting after the word
Inspector the word and licensed person
Section 38(4)* - The licensed person shall
only have access to information in the
general register and any other register or
records or certificate kept in pursuance of
this Act pertaining to machinery in respect
of which a CF is prescribed.
(Cont..) Factories and Machinery Act (Amendment)
2006
Register
28
Section 40(1) All factories and machinery in
respect of which a CF is not prescribed shall be
inspected by an Inspector at such periods and in a
manner as may be prescribed.;
Section 40(1A) All machinery in respect of which
a CF is prescribed shall be inspected by an Inspector
or a licensed person at such periods and in such
manner as may be prescribed.;
Section 40(2) to substitute for the words Every
occupier of a factory the words The occupier of
every factory and the owner or person having
possession of any machinery.
(Cont..) Factories and Machinery Act (Amendment)
2006
Periodical Inspections
29
Section 40(2A) For the purpose of
subsection (1A), the occupier of every
factory and the owner or person having
possession of any machinery in respect of
which a CF is prescribed shall afford to an
Inspector or a licensed person all
reasonable facilities for inspection and
testing and all information as may
reasonably be required in connection with
the inspection.
(Cont..) Factories and Machinery Act (Amendment)
2006
(cont) Periodical Inspections
30
Section 40(5)* - Any factory owner or occupier
may apply to the Chief Inspector for approval for a
special scheme of inspection.
Section 40(6)* - The Chief Inspector may
approve the application under subsection (5) if he
satisfied that the prescribed requirements in
respect of the machinery in question in relation to
the special scheme of inspection have been
fulfilled.
(Cont..) Factories and Machinery Act (Amendment)
2006
(cont) Periodical Inspection - special scheme of
inspection SSI
PART 6
GENERAL
31
OFFENCES AGAINST THE ACT
PENALTIES FOR OFFENCES

32
S-52A(2) Compound
Compound not exceeding 50% of the
amount of the maximum fine
(including the daily fine, if any, in the
case of continuing offence)

(Cont.) Factories and Machinery Act (Amendment) 2006
33
SECTION SHORT TITLE FMA 1967 FMA 2006
S7D Appointment, Power and Duties of Licensed
Person
New provision RM100,000 or 2 yrs
S8 Obstruction an Offence RM5,000 or 2 yrs RM200,000 or 5 yrs
S9 - Persons not to reveal secrets;
- Confidentiality of information
RM5,000 or 2 yrs

RM100,000 or 2 yrs
S19(6) Certificate of Fitness RM2,000* RM150,000 or 3 yrs
S37(2) Application for registration RM5,000 RM50,000 or 1 yr
S40(8) Periodical inspections RM5,000 RM250,000 or 5 yrs
S51(1) - S19(1), S31, S34(1), S36(1), S37, S38(1), S39(1)
& S40(3)
- S31, S34(1), S36(1), S38(1) & S39(1)
RM5,000 RM100,000 or 2 yrs
S51(2) *Contravenes other provisions RM2,000 RM50,000 or 1 yr
S51(4) Fails to comply with any written order or notice
issued under S39(3) & 40(4)
RM2,000* RM250,000 or 5 yrs
S52A(2) Compound RM100 50% of maximum fine
(including daily fine &
continuing offence)
PENALTY
SCHEDULES
SCHEDULE 1 DANGEROUS CCURRENCES
THAT MUST BE NOTIFIED
SCHEDULE 2 SERIOUS BODILY INJURY THAT
MUST BE NOTIFIED
SCHEDULE 3 NOTIFIABLE INDUSTRIAL
DISEASES
34
Regulations under the Act
No Title of the Regulations
1 Steam Boiler and UPV Reg. 1970
2 Electric Passenger and Goods Lift Reg.1970
3 Fencing of Machinery and Safety Reg. 1970
4 Persons-In-Charge Reg. 1970
5 Safety, Health and Welfare Reg. 1970
6 Administration Reg. 1970
7 Certificate of Competency-Examinations Reg. 1970
8 Notification, COF and inspection Reg.1970
9 Compoundable Offences Reg. 1978 and Rules 1980
10 Lead Reg. 1984
11 Asbestos Process Reg. 1986
12 Building Operations & Work of Engineering Construction Reg. 1986
13 Noise Exposure Reg. 1989
14 Mineral Dust Reg. 1989
35
STEAM BOILER AND UNFIRED PRESSURE
VESSEL) REGULATIONS, 1970
36
APPLY TO CHIEF INSPECTOR BEFORE EQUIPMENT IS
MANUFACTURED OR IMPORTED
CHIEF INSPECTOR PROVIDES AUTHORISED SAFE
WORKING PRESSURE
CODES FOR DESIGN AND CONSTRUCTION

STEAM BOILER AND UNFIRED PRESSURE
VESSEL) REGULATIONS, 1970
37
SAFETY FITTINGS ON A STEAM BOILER
SAFETY FITTINGS ON UNFIRED PRESSURE VESSELS
TESTING OF BOILER AND UNFIRED PRESSURE VESSELS
REGISTRATION PLATE
Can you identify essential fittings of a
steam boiler?
38
39
ELECTRIC PASSENGER AND GOODS LIFT
REGULATIONS, 1970
40
APPLIES TO LIFTS THAT CARRY PERSONS
PROVIDE DESIGN DETAILS FOR APPROVAL
CONTRACT LOAD--LOAD THAT LIFT IS DESIGNED AND
CONSTRUCTED TO CARRY
DISPLAY OF CONTRACT LOAD ON LIFT CAR
MAINTENANCE OF LIFT SYSTEM BY COMPETENT PERSON
LIFT REGISTER FOR MAINTENANCE DETAILS
CERTIFICATE OF REGISTRATION

FENCING OF MACHINERY AND SAFETY
REGULATIONS, 1970
41
ALL DANGEROUS PARTS OF A MACHINE MUST BE
GUARDED OR FENCED
GUARDING OF POWER SOURCE
GUARDING OF TRANSMISSION
GUARDING OF DIFFERENT TYPES OF MACHINERY
SIX SCHEDULES THAT GIVE SPECIFICATIONS FOR
GUARDS
42
SAFE PLACE OF
EMPLOYMENT
SAFE MEANS OF
ACCESS
FLOORS
STAIRWAYS
LADDERS
WORK AT HEIGHT
CONFINED SPACES
FIRE PRECAUTIONS
MATERIAL STORAGE
CLEANLINESS
VENTILATION
WORK SPACE
LIGHTING
CLOTHING, PPE
WELFARE FACILITIES
TOILETS
FIRST AID
FIRST SECHEDULE--
CLEANLINESS
SECOND SECHEDULE --
LIGHTING
THIRD SCHEDULE--EYE
PROTECTION
FOURTH SCHEDULE--FIRST
AID BOX

SAFETY, HEALTH AND WELFARE
REGULATIONS, 1970
SAFE PLACE OF EMPLOYMENT
43
Factory not to be used as family dwelling Reg. 3
Underground room not to be used for a factory Reg. 4
SAFE MEANS OF ACCESS
44
Regulation 7
Clear and unobstructed space
Clear aisles or gangways to be clearly marked on the floor
FLOORS
45
Regulation 6
Level, good & non-slippery condition
Free from holes, splinters and free from protruding nails,
projecting valves etc.
Maintained in good and level condition
Suitably graded and adequate means of drainage etc.
WORK AT HEIGHT
46
Regulation 12
Applies where person is liable to fall a distance of more than
10 feet
Practicable means for safety e.g. the use of ropes or safety
belts
Can you identify any violation
of safety provisions?
47
PERSONS IN CHARGE
REGULATIONS, 1970
48
MACHINERY TO BE OPERATED BY COMPETENT PERSON:

BOILER
STEAM ENGINE
INTERNAL COMBUSTION ENGINE
DREDGE
PERSONS IN CHARGE
REGULATIONS, 1970
49
CATEGORY OF COMPETENT PERSON:

ENGINEER
DRIVER
VISITING ENGINEER
DREGEMASTER
PERSONS IN CHARGE
REGULATIONS, 1970
50
CLASSIFICATION OF COMPETENT PERSON

FIRST GRADE ENGINEER/DRIVER
SECOND GRADE ENGINEER/DRIVER
PERSONS IN CHARGE
REGULATIONS, 1970
51
TRAINING OF MACHINERY OPERATORS

AN OWNER OR OCCUPIER SHALL NOT REQUIRE OR PERMIT ANY
PERSON TO WORK ON ANY MACHINERY UNLESS HE HAS CAUSED SUCH
PERSON TO BE INSTRUCTED :

(1) IN THE PRECAUTIONS TO BE TAKEN AGAINST ANY DANGER TO
HEALTH WHICH MAY ARISE FROM WORK ON THE MACHINERY; AND
(2) IN THE USE AND WHERE NECESARRY THE ADJUSTMENT OF THE
SAFETY APPLIANCES PROVIDED; AND
(3) IN THE PRECAUTIONS TO BE OBSERVED IN THE OPERATION,
CLEANING AND MAINTENANCE OF MACHINERY.

ADMINISTRATION REGULATIONS, 1970
52
RESPONSIBILITIES OF INSPECTORS
RECORD KEPT BY INSPECTORS
ENQUIRIES
FEES

CERTIFICATES OF COMPETENCY
REGULATIONS, 1970
53
APPEAL BOARD -- CERTIFICATES OF COMPETENCY
APPLICATION
EXAMINATIONS
QUALIFICATIONS
EXEMPTIONS
SUSPENTIONS, CANCELLATIONS
FEES
NOTIFICATION, CERTIFICATE OF FITNESS AND
INSPECTION REGULATIONS, 1970
54

OCCUPANCY OF FACTORY
BUILDING OPERATIONS
FACTORY REGISTER
INSTALLATION OF MACHINERY
NOTIFICATION OF ACCIDENTS & INDUSTRIAL DISEASES
CERTIFICATES OF FITNESS
MACHINERY REQUIRING CERTIFICATE OF FITNESS (COF)
VALIDITY OF COF
SALE OR HIRE OF MACHINERY

NOTIFICATION, CERTIFICATE OF FITNESS AND
INSPECTION REGULATIONS, 1970
55
INSPECTION

FACTORY OR MACHINERY INSPECTION
TYPE OF INSPECTIONS
INSPECTION PERIOD
PREPARATION FOR INSPECTION
INSPECTION FEES
BUILDING OPERATIONS AND WORKS OF ENGINEERING
CONSTRUCTION(SAFETY) REGULATIONS, 1970
56
GENERAL PROVISIONS
CONCRETE WORK
STRUCTURAL STEEL AND
PRECAST CONCRETE
ASSEMBLY
CLEANING, REPAIRING AND
MAINTENANCE
CATCH PLATFORMS
CHUTES, SAFETY BELTS AND
NETS
RUNWAYS AND RAMPS
LADDERS AND STEP-LADDERS

SCAFFOLDS
DEMOLITION
EXCAVATION WORK
MATERIAL HANDLING AND
STORAGE, USE AND DISPOSAL
PILING
BLASTING AND USE OF
EXPLOSIVES
HAND AND POWER TOOLS
Can you identify types of activities or
process associated with construction site ?
57
FACTORIES & MACHINERY
(LEAD) REGULATIONS 1984
58
PEL of 150gm/m TWA 8hr.
Action Level 75 gm/m
Atmospheric monitoring required for exposed workers
Details of monitoring (e.g. who, when) specified
Engineering controls and work procedures to be used
FACTORIES & MACHINERY
(LEAD) REGULATIONS 1984
59
Respiratory protection required where other controls are
inadequate. Type specified.
Medical surveillance required (> action level)
Frequency of medical surveillance specified
Content of medical examination specified
Temporary removal of employees with high blood lead levels
required.
FACTORIES & MACHINERY
(LEAD) REGULATIONS 1984
60
Requires training of employees in

(i) Regulations
(ii) Nature of operations
(iii)Respiratory protection
(iv)Medical surveillance

FACTORIES & MACHINERY
(ASBESTOS PROCESS) REGULATIONS 1986
61
Defines asbestos process
PEL of 1 fibre/ml TWA 8hr.
Action level 0.5
Requires exhaust ventilation to control
Requires inspection and testing of exhausts of specific
intervals
Protective equipment required above PEL
FACTORIES & MACHINERY
(ASBESTOS PROCESS) REGULATIONS 1986
62
Requires personal monitoring (<3 months)
Requires medical examination (<2 years)
Details of medical examination specified
Employee to be removed from asbestos work if medical
tests show early signs of disease
Requires employees to be trained

FACTORIES & MACHINERY
(MINERAL DUST) REGULATIONS 1989
63
A PEL of 0.1mg/m quartz
Action level 0.05 mg/m
A PEL of 5 mg/m (respirable) 10 mg/m (inspirable)
other dust
Sand blasting prohibited (written approval required)
Engineering controls required to reduce dust
Protective equipment to be provided
FACTORIES & MACHINERY
(MINERAL DUST) REGULATIONS 1989
64
Atmospheric monitoring required
Medical examinations (>action level)
Details of medical examinations specified
Employer to provide respiratory protection if signs of
pneumoconiosis
Training of employees required
PEL
Application Excessive Noise Level e.g. Noise Level Above 80
dB(A)
Need to institute control at Action Level 85 dB(A)
Not to exceed 90 dB(A) for 8 hours
Not to exceed 115 dB(A) at any time
Not to exceed impulsive noise of 140 dB(A)
FACTORIES & MACHINERY
(NOISE EXPOSURE) REGULATIONS 1989
FACTORIES & MACHINERY
(NOISE EXPOSURE) REGULATIONS 1989
66
Method of compliance by engineering control (Regulation 15)
and administrative controls (Regulation 5(1))
Hearing protection (Regulation 17) to be provided if these
controls not effective
Obligations on employers and employees
(i) monitoring (Regulation 8)
(ii) audiometric testing (Regulation 20)
(iii) training (Regulation 27)
FACTORIES & MACHINERY
(NOISE EXPOSURE) REGULATIONS 1989
67
Initial and ongoing monitoring specified for employees >
action level
Attenuation of hearing protection - below PEL
Audiometric testing > action level
Frequency of testing and details specified
PMA
68
Discuss strategy that the employer should do to protect
the health of the workers from occupational health
hazards to preserve the hearing of their workers exposed
to high noise level under the Factories & Machinery
(Noise Exposure) Regulations 1989
69