Factories and Machineries Act

1967

A Review of
10 Most Important
Regulations

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LECTURE OBJECTIVES
 An overview development of OSH Laws in Malaysia
 To introduce the objectives of FMA
 To reviews the main Parts in FMA
 To reviews at least 10 important Regulations in FMA

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 Act
-General rules
Legal standing -endorsed by
parliament

Regulation
-Details of act
-endorsed by minister

Orders
- Directives which are mandatory

Industry Code of Practice

-Any code, standard, rule,
- Specification related to OSH
-approved by minister

Guidelines
-technical advisory document by national commission
-Detailed information
-No legal standing
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Objectives of FMA 1967:

1. To provide for the control of factories

with respect to matters relating to the
safety, health and welfare of persons,

2. The registration and inspection of

machineries.

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PART’S in FMA 1967
 Part I : Preliminary
 Part II : Safety, Health and Welfare
 Part III : Person In Charge and Certificate of Competency
 Part IV : Notification of Accident, Dangerous
Occurrence and Dangerous Disease
 Part V : Notice of Occupation of Factory and
Registration and Use of Machinery
 Part VI : General
 Schedule I : Dangerous occurrence
 Schedule II : Serious bodily injury
 Schedule III : Notifiable Occupational Disease

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PART 1: Preliminary
Factory:
a) There must be premises involved, the boundaries of which
can be defined
b) Within those premises there is manual labour going with one
of the processes specified
c) The processes or purposes must involve the making,
altering, repairing, ornamenting, finishing, cleaning,
washing, breaking up, demolition or adapting for sale of any
article or part of an article
d) The processes must be carried on by way of trade or for
gain ( include government premises)

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PART 1: Preliminary
Factory:
e) Factory may be defined as any premises or part of a
premises where trade for the purposes of gain to any
business, where 5 or more persons employed.
f) Factory covers all places of work using machinery including
building operations and works of engineering construction.

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"building operation"
 the construction,
 structural alteration,
 repair or maintenance of a building
 demolition of a building,
 preparation for and the laying of the foundation of an
intended building,

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Certificate of Competency vs. Certificate of
Fitness

 "certificate of competency" means the holder is duly qualified

to be in charge of machinery

 "certificate of fitness" means the machinery described has

been inspected and satisfy the requirements the Act and

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"machinery"
 includes steam boilers, unfired pressure vessels, fired
pressure vessels, pipelines, gas cylinders, gas holders,
 hoisting machines and tackle,
 prime movers, transmission machinery, driven machinery,
 materials handling equipment,
 amusement device or any other similar machinery and
 equipment for the casting, cutting, welding or electro-
deposition of materials,
 for the spraying by means of compressed gas or air of
materials or other materials,

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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 machines;

 (c) any machinery used solely for private and domestic

purposes; or

 (d) office machines;

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3 important machine components:
 "prime mover" means every engine, motor or appliance which
provides mechanical energy.

 "transmission machinery" means every 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;

 "driven machinery" includes any machine or appliance where

motion is received from transmission machinery;

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"hoisting machine"
 means any equipment for lifting,
 raising or lowering load such as a lift,
 escalator,
 hoist,
 crane,
 dumbwaiter, v
 ertical conveyor lifter and mechanical loading ramp,
 transporter,
 walkalator

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"hoist"
 meas a lifting machine other than a lift
 worked by mechanical power or not with:
 a carriage,

 platform or

 cage

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"guard“ vs. "guard rail"
 "guard" means a suitably supported materials
 constructed solid or

 mesh enclosure (either complete or partial) of metal or

other material;

 "guard rail" means a

 railing of metal or wood,

 supported by stanchions, of strength and good

construction;

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"serious bodily injury"
"SECOND SCHEDULE SERIOUS BODILY INJURY
[Section 3]
1. Emasculation.
2. Permanent privation of the sight of either eye.
3. Permanent privation of the hearing of either ear.
4. Privation of any member or joint.
5. Destruction or permanent impairing of the powers of any member or joint.
6. Permanent disfiguration of the head or face.
7. Fracture or dislocation of a bone.
8. Any hurt which endangers life, or which causes the sufferer to be, during the space
of twenty days, in severe bodily pain, or unable to follow his ordinary pursuits.

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"dangerous occurrence"
FIRST SCHEDULE
Dangerous Occurrence. [Section 3]

 1. Bursting of a vessel, wheel, grindstone or grinding wheel moved by

mechanical power.
 2. Collapse or failure of a crane, etc. or the overturning of a crane.
 3. Explosion or fire or failure of structure affecting the safety or strength of
place persons employed, or to any machinery or plant.
 4. Explosion or failure of structure affecting the safety or strength of a
steam boiler , an unfired pressure vessel, boiler water, etc

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"nuisance"
 any act,
 omission or thing occasioning or likely to occasion injury,
 annoyance,
 offence,
 harm, danger or damage to the sense of sight, smell or
hearing, or
 which is or is likely to be injurious or dangerous to health or
property;

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PART II SAFETY, HEALTH AND WELFARE
 There are 17 Sections

 Three sections related to safety, health and welfare:

Section 10. Provisions relating to safety, etc.

Section 22. Provisions relating to health.
Section 25. Provisions relating to welfare

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Section 10. Provisions Relating to Safety, etc
1. Foundations and floors in sufficient strength.
2. Roofs with sufficient strength to carry loads.
3. All floors are of safe construction .
4. Ensure safe access to any place.
5. Every opening are securely covered or securely fenced.
6. All goods stored or stacked must;
a) ensure its stability and prevented from collapse.
b) Not to interfere with:
i. distribution of light, ventilation.
ii. operation of machinery.
iii. obstruction of passageways.
iv. functioning fire-fighting equipment.

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Section 22. Provisions Relating to Health.
• Kept in a clean state.
• Cleaned at times.
• maximum number of persons be in the correct amount.
• Adequate ventilation by the circulation of fresh air.
• Securing and maintaining temperature for comfort.
• Securing and maintaining sufficient and suitable lighting.
• Sufficient and suitable sanitary conveniences.

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Section 25. Provisions relating to welfare.
1. Adequate and suitable lockers for clothing.
2. Proper arrangements for drying of clothing.
3. Adequate supply of safe drinking water.
4. Adequate and suitable facilities for washing.
5. Provision of first-aid box or cupboard as prescribed.
6. First-aid room provided when >150 persons employed.

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PART III PERSONS IN CHARGE AND
CERTIFICATES OF COMPETENCY
 Section 26. Training and supervision of inexperienced
workers.
 Machinery operators adequately trained or under
supervision of a trained person

 Section 28. Young persons.

 Young person (<16 years) not operate machinery

 Section 29. Certain machinery not to be operated without

certificated staff.
 Prescribed machinery only operated under the charge of
engineer, dredgemaster or driver.

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PART IV NOTIFICATION OF ACCIDENT, DANGEROUS
OCCURRENCE AND DANGEROUS DISEASES

 Notify the nearest inspector of accidents and diseases

 Accidents include;

 Loss of life

 Injury to a person who loses more than 4 days of work

 Serious damage to machinery or other property

 Inspectors may investigate accidents and dangerous

occurrences and hold enquiries into more serious cases

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PART V NOTICE OF OCCUPATION OF FACTORY AND
REGISTRATION AND USE OF MACHINERY

 The use of or occupying of a premises and operate it as a

factory must be notified.
 Building operations or works of engineering construction
must be notified.
 Installation of any machinery requires approval or certificate
of fitness
 Moving, alterartion or changes to the use of factory or
machinery must be notified.
 A general register of all machineries is kept by the factory.
 Periodical Inspection done on all machines and factory.

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PART VI GENERAL
 Describe the offences against the Act and various penalties
 General penalty is RM2,000.00 – RM5,000.00

 Schedules;
1. Defines dangerous occurrences to machinery that need to
be notifies to an inspector
2. Describe the type of injury that may be classified as ‘serious
bodily injury’
3. List of notifiable industrial diseases

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THE FMA REGULATIONS
FACTORY AND MACHINERY ACT 1967
ACT 139

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 FMA Regulations (Peraturan):
1. FMA (Steam Boiler And Unfired Pressure Vessel) Regulations, 1970
2. FMA (Electric Passenger And Goods Lift) Regulations, 1970
3. FMA (Fencing Of Machinery And Safety) Regulations, 1970
4. FMA (Person-In-Charge) Regulations, 1970
5. FMA (Safety, Health And Welfare) Regulations, 1970
6. FMA (Administration) Regulations, 1970
7. FMA (Certificates Of Competency-Examinations) Regulations, 1970
8. FMA (Notification, Certificate of Fitness And Inspections) Regulations, 1970
9. FMA (Compounding Of Offences) Rules, 1978
10. FMA (Compoundable Offences) Regulations, 1978
11. FMA (Lead) Regulations, 1984
12. FMA (Asbestos Process) Regulations, 1986
13. FMA (Building Operations And Works Of Engineering Construction) (Safety)
Regulations, 1986
14. FMA (Noise Exposure) Regulations, 1989
15. FMA (Mineral Dust) Regulations, 1989
16. FMA (Notification, Certificate of Fitness and Inspection) (Amendment) Regulations,
2004
17. FMA (Steam Boiler and Unfired Pressure Vessel ) (Amendment) Regulations, 2005
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