FACTORIES AND MACHINERY

ACT 1967 (FMA 1967)

Chapter 3
 Objective:
• Control of factories operations with
respect to safety, health and welfare of
persons
• Registration and inspection of machinery

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 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

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 Application
1. FMA - limited to manufacturing industry,
mining and quarrying and construction
2. do not contain detail provisions on specific
matters
• Detail provisions are stipulated under the
regulations

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 Arrangement
FMA 1967 divided into 6 parts:
¾ Part 1 Preliminary
¾ Part 2 Safety, health and welfare
¾ Part 3 Persons-in-charge and certificates of
competency
¾ Part 4 Notification of accidents, dangerous occurrence
and dangerous diseases
¾ Part 5 Notice of occupation of factory and registration
and use of machinery
¾ Part 6 General
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 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;
andPart I – building operations, hoisting machine,
machinery, steam
d) The processes must be for trading.
(Other definitions in boiler)
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 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)
3. Employees must not misuse safety and health
equipment (Section 20)
4. Employees not to endanger himself or other person

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 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)
6. Persons must be supplied with adequate
facilities for clothing, storage, drinking, water,
first aid and washing facilities (Section 25)
7. Employees must be trained on the safety of
machinery (Section 26)

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 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)

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Part 4: Notification of Accidents, Dangerous
Occurrence and Dangerous Diseases

1. 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).

2. Inspectors may investigate accidents and

dangerous occurrence and hold enquiries into
more serious cases (Section 33)
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 Part 5: Notice of Occupation of Factory
and Registration and Use of Machinery
1. Notify Department of Occupational Safety ad Health
(DOSH) within 3 months of the intended start date
(Section 34)
2. Building operations must be notified if last more than 6
weeks (Section 35)
3. Changes to the use of factory or machinery must be
notified to DOSH
4. 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.
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 Part 6: General
1. General penalty RM2,000.00
2. Certain sections is RM5,000.00 (Section
51)

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 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
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 Regulations under the Act
1. Factories and Machinery (Certificates of
Competency – Examinations) Regulations,
1970
2. Factories and Machinery (Electric Passenger
and Goods Lift) Regulations, 1970
3. Factories and Machinery (Fencing of
Machinery and Safety) Regulations, 1970
4. Factories and Machinery (Notification of
Fitness and Inspections) Regulations, 1970

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 Regulations under the Act
5. Factories and Machinery (Person-In-Charge)
Regulations, 1970
6. Factories and Machinery (Safety, Health and
Welfare) Regulations, 1970
7. Factories and Machinery (Steam Boiler and
Unfired Pressure Vessel) Regulations, 1970
8. Factories and Machinery (Administration)
Regulations, 1970

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 Regulations under the Act
9. Factories and Machinery (Compounding of
Offences) Rules, 1978
10. Factories and Machinery (Compounding of
Offences) Regulations, 1978
11. Factories and Machineries (Lead) Regulations,
1984
12. Factories and Machineries (Asbestos Process)
Regulations, 1986

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 Regulations under the Act
13. Factories and Machinery (Building Operations
and Works of Engineering Construction)
(Safety) Regulations, 1986
14. Factories and Machinery (Noise Exposure)
Regulations,1989
15. Factories and Machinery (Mineral Dust)
Regulations, 1989

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 Factories and Machinery
(Certificates of Competency –
Examinations) Regulations, 1970
 Factories and Machinery (Certificates of
Competency – Examinations) Regulations, 1970

1. Set up the framework for the certificates of competency

required under Factories and Machinery (Persons-In-
Charge) Regulations
2. Laid down pre-requisite for the application for a
certificate of competency and the examination
procedure
3. All certificates of competency have requirements for
experience and an examination pass before they can be
granted
4. Certificates of competency can be suspended or
cancelled if the holder is medically unfit or in case of
serious misconduct or if judged unfit after an enquiry or
a court case FKM, UTM 19
 Factories and Machinery
(Electric Passenger and Goods
Lift) Regulations, 1970
Factories and Machinery (Electric Passenger
and Goods Lift) Regulations, 1970

1. All new lifting machines (cranes, crab, winch) and

lifting appliances (pulley and chain blocks) have a
manufacturer’s certificate specifying safe working load
with design drawing and load calculations
2. Apply to lifts used to carry persons and goods
3. Owner to provide detail design to obtain approval from
DOSH (Regulation 6)
4. Capacity of a lift is based on lift car floor area and
displayed clearly on each lift car (Regulation 7)

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Factories and Machinery (Electric Passenger
and Goods Lift) Regulations, 1970

5. Specifications for the following components of

a lift system:
• Machine room (Regulation 9)
• Lift well (Regulation 10)
• Landing doors (Regulation 12 and 13)
• Lift car (Regulation 14 to 19)
• Suspension system (Regulation 20 to 29)

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Factories and Machinery (Electric Passenger
and Goods Lift) Regulations, 1970

6. Duties of lift owner to maintain the lift (3

monthly inspections and monthly service by
competent person)
7. Enter details of all inspections and
maintenance activities in lift register
(Regulation 31)
8. Owner must display certificate of registration
in the lift car or at the bottom of the landing
(Regulation 32)
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 Factories and Machinery
(Notification of Fitness and
Inspections) Regulations, 1970
 Factories and Machinery (Notification of
Fitness and Inspections) Regulations, 1970

• Details of notification, certificate of fitness

and inspections carried out by DOSH

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 Part 1
• Specify the forms that must be used to
notify the DOSH officer of a new
occupancy of a factory, the start of
building work, the installation of certain
machinery and the notification of accidents
and diseases

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 Part 2
• Describes the certificate of fitness that
must be held for steam boilers, UPV and
hoisting machines
• Certificate of fitness is valid for 15 months
from the date of inspection (Regulation 10)

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 Part 3
1. Governs the inspection of factory or
machinery by DOSH
– Factory and machinery inspected at regular
intervals (15 months but up to 36 months at
the discretion of DOSH – Regulation 14)
– DOSH give advance notice of the inspection
to the occupier
– Occupier prepare machinery for inspection

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 Part 3
2. DOSH may direct not complying factory
to improve the situation (Regulation 27)
3. Stop work notice may be issued for
machinery without a current certificate of
fitness (Regulation 28)

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 Part 4
• Inspection fees charged by DOSH

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 Factories and Machinery
(Fencing of Machinery and
Safety) Regulations, 1970
 Factories and Machinery (Fencing of
Machinery and Safety) Regulations, 1970

1. Safeguarding of machinery
2. All dangerous parts of machine including
the power source and transmission must
be guarded
3. methods of guarding described for
various parts of machine:
– Part 2: Prime mover (power source)
– Part 3: Transmission machinery
– Part 4: Driven machinery
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 Part 4 specifies the methods for
guarding different types of machinery:
1. Abrasive and grinding machinery
2. Machinery using rolls
3. Saws
4. Planers
5. Spindle moulders
6. Grooving and tenoning machine
7. Chain-mortice machine
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 Part 4 specifies the methods for
guarding different types of machinery:
8. Mixers
9. Grinding mills
10.Centrifuges
11.Presses
12.Guillotines
13.Conveyors

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• Other machines must also be securely fenced
• Other form of guardings – switches and
interlocks
• Workers trained in the operation of certain
dangerous machines and aware of the dangers
of such machines
• Six schedules gives further specification for the
materials and dimensions of machine guards

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Factories and Machinery
(Person-In-Charge)
Regulations, 1970
 Factories and Machinery (Person-In-
Charge) Regulations, 1970
1. Specify persons-in-charge of certain
machinery require certificate of competency
including:
9 Steam boiler
9 Steam engine
9 Internal combustion engine
9 Dredge

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 Factories and Machinery (Person-In-
Charge) Regulations, 1970
2. Steam boiler include UPV (pressure v/l) with
steam connected to it
3. Steam boiler and steam engine require steam
boiler driver’s certificate of competency or a
steam engine driver’s certificate of competency
for smaller boilers (<2000 square feet heating
surface)
4. Larger boiler need an engineer’s certificate of
competency for steam boiler and steam engine
(Regulation 5)
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 Factories and Machinery (Person-In-Charge)
Regulations, 1970
5. IC engines < 100 hp need a holder of IC engine driver’s
certificate
6. Larger IC engine need a holder of an IC engine
engineer’s certificate in charge
7. Dredge operated by steam or IC engine must have a
person who holds an engineer’s (steam) certificate of
competency or an engineer’s (IC engine) certificate of
competency or dredgemaster’s certificate of
competency (Regulation 7)
8. Requirement to provide instruction and training to
operators of certain machinery
– Each operator must have a course of instruction and 10 days of
supervision by an experienced operator (Regulation 20)
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 Factories and Machinery (Person-In-Charge)
Regulations, 1970

9. Schedule 1 lists machineries that require

a trained operator:
¾ Presses
¾ Saws
¾ Metal working machines
¾ Hoisting machines

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 Factories and Machinery
(Safety, Health and Welfare)
Regulations, 1970
 Factories and Machinery (Safety, Health
and Welfare) Regulations, 1970

• Deal with factory premises and various safety,

health and welfare requirements

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 Factories and Machinery (Safety, Health
and Welfare) Regulations, 1970
Key points:
1. Safe means of access and safe place of
employment, provision of edge protection on floor
openings and stairs (Regulation 7, 8)
2. All stairways and floors must be of good construction
and properly maintained; ladders must be of
adequate construction and maintained in a sound
condition (Regulations 9 to 11)
3. Persons must be protected from falls of more than
10 feet by the use of safety belts or ropes
(Regulation 12)

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Factories and Machinery (Safety, Health
and Welfare) Regulations, 1970
• Key points:
4. Adequate protection are necessary before
working inside a confined space (Regulation
13)
5. Flammable and dangerous liquids must be
securely stored and precautions taken
against fire and explosion (Regulations 14 to
17, 21, 22)

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Factories and Machinery (Safety, Health
and Welfare) Regulations, 1970
6. Materials and finished goods must be
securely stacked and stored (Regulations
19, 20)
7. Specifications are laid down for cleaning of
surfaces inside factory (Regulation 23)
8. Lighting, ventilation and climate
requirements are all detailed (Regulations
24-29)

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 Factories and Machinery (Safety, Health
and Welfare) Regulations, 1970
Key points:
9. Working clothes and protective
equipment (Regulation 32)
10.Welfare facilities such as toilets, drinking
water, washing facilities and first aid
(Regulation 33 to 38)

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 Four Schedules of the regulations:
• First Schedule – specify classes of factories
that do not need internal surfaces white
washed every 12 months;
• Second Schedule – describes the level of
lighting required in different parts of the factory
• Third Schedule – lists work activities that need
eye protection or protective screens
• Fourth Schedule – contents of first aid box

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Thank You