Professional Documents
Culture Documents
ACT
REGULATION
ORDER
CODE OF PRACTICE
GUIDELINES
TUTORIAL 1
COMMON LAW
• Among the legislations under Common Law are Law of Torts and Law of Contract
• Tort = Civil Wrong – Wrongful act which allow the injured party to make a claim against the
party committing the wrongful act
• 4 Classification of Tort – Nuisance
Negligence (violation of duty of care not to damage or injured others)
Defamation
Trespassing
• Legal of Obligation of Duty Of Care Under Common Law:
“Employers are not exempted from the responsibility under duty of care even though he has
assigned a competent person to execute the task”
• Employers Liability Under The Duty Of Care:
Type of Injuries - Injuries on individual employees
- Injury caused by one worker to another worker or negligence by an agent
who undertakes the task on behalf of the employer (vicarious liability)
• “Employers are however not responsible for any actions by the workers which do not fall
within the scope of his job such as horseplay while at work”
• Elements to Associate a Case of Negligence against the Employer:
- Evidence of duty of care by one party (employer) on the other party (employee)
- Evidence of violation of the responsibility
- Violation of the responsibilities which cause damages/ injuries
• The Burden of Proof in on the Plaintiff (Injured Party)
TUTORIAL 1
TUTORIAL 1
FMA 1967
• Objectives
: To provide control to factories to secure Safety, Health
and Welfare of person therein
: For the purpose of registration and inspection of
machinery and for matters connected therewith
TUTORIAL 1
FMA 1967
• Consist of 6 Parts and 3 Schedules
: Part I – Preliminary
: Part II – Safety, Health and Welfare
: Part III – Persons In Charge and Certificates of Competency
: Part IV – Notification of Accident, Dangerous Occurrence
and Dangerous Diseases
: Part V – Notice of Occupation of Factory, and Registration
and Use of Machinery
: Part VI – General
• 3 Schedules
: First Schedule – Dangerous Occurence
: Second Schedule – Serious Bodily Injury
: Third Schedule – Notifiable Industrial Disease
TUTORIAL 1
i. Short Title
ii. Interpretation of Factory
iii. Interpretation – General
iv. Appointment of Officers
v. Supervision of Officers
vi. Officers are Public Servant
vii. Powers of an Inspector
viii. Obstruction is an Offense
ix. Persons not to Reveal Secrets
TUTORIAL 1
Consists of 13 provisions:
a) Operation of factory
b) Building operations or works of engineering construction
c) Installation of machinery, etc
d) Application for registration
e) Register
f) Moving or alteration of or addition to machinery to be approved
g) Periodical inspections
h) Questions for decision by an Inspector and appeals from such decision
i) Report of changes, etc
j) Machinery or factory no longer in use
k) Notice of sale, hire or transfer
l) Copy of report of enquiry may be be supplied
m) Power of the Chief Inspector and Senior Inspector at enquiries
INTRODUCTION
Important Aspects
a) Competent persons
b) Maintenance, inspection and testing of machinery
c) Approval for hazardous machinery (certified)
d) Approval for machinery installations
SAFETY REGULATIONS UNDER FACTORIES AND MACHINERY ACT 1967
b) Identifying and assessing the level of risk/danger of handling the machinery and
its environment
Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) Reg. 1970
• Application
Every steam boiler & unfired pressure vessel to which an authorised safe working
pressure has not been assigned by the Chief Inspector, unless given exemption by
the Chief Inspector subject to such conditions as he may specify in the certificate.
• Main Provisions
The main provisions under the Reg. cover:
a) Manufacture of boilers and pressure vessels
b) Imported steam boilers and pressure vessels
c) Steam boilers
d) Pressure vessels
e) Miscellaneous
Steam Boiler
Pressure Vessel
SAFETY REGULATIONS UNDER FACTORIES AND MACHINERY ACT 1967
There are also 4 Schedules under Factories and Machinery (Steam Boiler and Unfired
Pressure Vessel) Reg. 1970:
a) First Schedule: Material Code
b) Second Schedule: Design Codes
c) Third Schedule: Design Codes
d) Fourth Schedule: Inspecting Authorities
• Steam Boilers
Among the provisions stipulated are:
a) Essential fitting such as safety valves, water pump etc
b) Boiler houses
c) Burning system and equipment
d) Steam tests
e) Registration
SAFETY REGULATIONS UNDER FACTORIES AND MACHINERY ACT 1967
Factories and Machinery (Steam Boiler and Unfired Pressure Vessel)
Reg. 1970(continue…)
• Unfired Pressure Vessels
Among the provisions stipulated are:
a) Essential fitting such as safety valves, pressure gauge, manufacturer’s name plate
b) Location of safety valves
c) Installation
d) Supports
e) Cubic Capacity
• Miscellaneous
Among the provision stipulated are:
a) Pipe connection and installation
b) Hydrostatic tests
c) Maintenance
d) Notifiable occurrences such as the bursting of a tube
e) Repairs
f) Registration number plate
g) Records
h) Fees for approval of design and hydrostatic tests
SAFETY REGULATIONS UNDER FACTORIES AND MACHINERY ACT 1967
FACTORIES AND MACHINERY (Electric passenger and goods lift) REG. 1970 (continue…)
Main Provisions
Among the main provisions stipulated under these Regulations are:
iii) Maintenance (Part III)
iv) Duties of the Owner (Reg. 31)
The owner shall: a) Enter into agreement with an approved maintenance firm
b) Inform the Inspector of the agreement
c) Provide and maintain a record for every lift (Schedule 2)
d) Ensure duties of the competent person (Reg. 31 (5))
e) Have the duty to maintain
f) Examine the lift at least once in 3 months
v) Miscellaneous (Part IV)
a) Notice (Reg. 32) - Shall display the certificate of registration in the lift car or adjacent to the
bottom terminal landing
b) Attendants (Reg. 33) - An Inspector may direct the attendant to cease work when he
appears to be incompetent
c) Penalty (Reg. 34)- Any person contravening these Regulations may be fined not exceeding
RM1,000.
SAFETY REGULATIONS UNDER FACTORIES AND MACHINERY ACT 1967
Main Provisions
These Regulations stipulate provisions pertaining to:
a) Fencing dangerous parts of machinery
b) Construction and maintenance of fencing
c) Categories and types of machinery required to be fenced
d) Transmission Machinery and Driven Machinery
Factories and Machinery (Fencing of Machinery and Safety) Reg. 1970 (continue…)
Fencing/Guarding for:
a) Prime Movers Flywheel, cranks, cross heads, rods, clutches, governor, starting
arrangements
Factories and Machinery (Fencing of Machinery and Safety) Reg. 1970 (continue…)
Transmission Machinery (Part III)
a) Prohibition to lubricate, adjust or apply dressing to any transmission machinery in motion
unless it is done outside the fencing (Reg. 19(1))
b) No transmission machinery shall be lubricated by hand while in motion (Reg.19(2))
Factories and Machinery (Fencing of Machinery and Safety) Reg. 1970 (continue…)
Schedules
There are seven (7) Schedules under these Regulations. They are:
a) First Schedule - Guards
b) Second Schedule - Construction of Railings
c) Third Schedule - Protection Hoods
d) Fourth Schedule- Flanges for Straight Sided Adaptor and Sleeve Mounted Abrasive Wheels
e) Fifth Schedule - Bridge Guard for Mee Rollers
f) Sixth Schedule - Platform Guard for Horizontal Two Roll Mills used in the Manufacturre of Crepe
Rubber
g) Seventh Schedule - Power and Punch Presses (hand-fed)
SAFETY REGULATIONS UNDER FACTORIES AND MACHINERY ACT 1967
Factories and Machinery (Notification, Certificate of Fitness and Inspection) Reg. 1970
Part I
• Notification of factory operations, use of machinery, accidents and industrial diseases.
Part II
• Machinery requiring certificate of fitness (Reg.10).
• The owner of machinery shall hold a valid certificate of fitness for any:
a) Steam boiler
b) Unfired pressure vessel
c) Hosting machine
Part III
• Inspection of factory and machinery. Types of inspections are:
a) Initial Inspection (Reg. 13)
b) Regular Inspection (Reg. 14)
c) Special Inspection (Reg. 20)
d) Supplementary Inspection (Reg.19)
e) Further Inspection (Reg. 21)
f) Preparation for Regular Inspection (Reg. 17)
Part IV
• Inspection Fees. Fees shall be charged for any inspection of factory, machinery, steam boiler,
unfired pressure vessel and hoisting machine. (Regulations 33, 34, 35, 38)
SAFETY REGULATIONS UNDER FACTORIES AND MACHINERY ACT 1967
Factories and Machinery
(Building Operations and Works of Engineering Construction) Reg. 1989)
• These Regulations stipulates various provisions and measures that are required to be adhered to
when operating and performing works of engineering construction.
Main Provisions
a) Definition
b) Application
c) Obligation of every Contractor, Employer and Employee
d) Application of Factories and Machinery (Fencing of Machinery and Safety) Regulations 1983
e) Hazards such as drowning, slipping, tripping and electrical hazards
f) Chemicals, dusts and gases
g) Eye, body, respiratory protection and the use of safety helmets
h) Storage of materials and disposal of debris
i) Public vehicular traffic
j) Stability of structures
k) Access and egress routes
l) Illumination of passageways
m) Site Safety Supervisors
n) Contractor’s Safety Supervisors
o) Safety Committee
SAFETY REGULATIONS UNDER FACTORIES AND MACHINERY ACT 1967
Safety Committee (for the main contractor with more than 50 workers)
Objectives:
a) To monitor the safety and health condition in the worksite
b) To meet at least once a month
c) Members: Main contractor, site safety supervisors, contractors’
representatives
SAFETY REGULATIONS UNDER FACTORIES AND MACHINERY ACT 1967
CONCLUSION
• The Safety Regulations under the Factories and Machinery Act
1970 were enacted for the purpose of: