FACTORIES AND

MACHINERY ACT 1967

(ACT 139)

SMOL 5203
OSH LEGISLATION
MASTER in OSH RISK MANAGEMENT
OPEN UNIVERSITY of MALAYSIA
Ir Roslenda Hasan

FMA 1967

An Act to provide for the

control of factories with respect
to matters relating to the safety,
health and welfare or persons
therein, the registration and
inspection of machinery and for
matters connected therewith.
 FMA

Application Background

• Consist of:
• All work places defined
• 6 Parts
as ‘factory’ by the act
• 59 Sections
• Except
• 3 Schedules
• Factory or Machinery • 9 Safety Regulations
operated by Arm • 4 Health Regulations
Forces
• 1 Administration
• Machinery which is Regulation
under the jurisdiction • 2 Compounding
of Merchant Shipping Regulations

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 Arrangement of FMA

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 PART I - PRELIMINARY

• Any premises where persons are

employed in manual labour in any
process of making, altering, repairing,
ornamenting, sorting, finishing,
Interpretation: cleaning, washing, breaking,
demolishing, constructing, fitting,
Factory adjusting of any article (gas, solid,
(Section 2) liquid, electricity); and
• the said work is carried on by way of
trade for the purpose of gain

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 PART I - PRELIMINARY

• Include : steam boiler, UPV, prime

movers, gas cylinders, gas holders,
hoisting machines and tackle,
driven machinery, transmission
machinery, welding equipment.
Interpretation:
Machinery • Does not include: machinery
used for propulsion of vehicles,
(Section 3 – General)
machinery driven by manual
power, office machine and
domestic machines

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 Part I :Preliminary

• Chief Inspector
• Deputy Chief Inspector
• Senior Inspector
• Inspector
Appointment of • Supervision of Officers
Officers • Appointment of Licensed Person
• Officers are Public Servants
( Sections 4 – 6)

• To enter, inspect and examine by day or night any factory

• Entry into premises with / without search warrant and the power of
seizure
• Appointment, powers and duties of a licenced person
• Minister shall have power to grant licence
Power of Officers • Minister may make order to prescribe the qualification, power and
(Section 7) function

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 Part I :Preliminary

• Refuses to allow or wilfully delays or obstructs

an inspector
Obstruction an • Fail to comply lawful order
offence
(Section 8)
• Wilfully withholds any information

• Not to reveal any commercial or

Prohibition for
manufacturing secret
officers to reveal
secrets
• Confidentiality of information
(Section 9)

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 Part II :Safety, Health and Welfare

Provisions relating to safety (Section 10)

• Sufficient strength of foundations, floors and roofs

• All floor, working levels, platforms, decks, stairways, passages, gangways, ladders and
steps shall be of safe construction
• To be provided and maintained safe access to any place
• All opening, sump, pit shall be securely covered or fenced
• All goods, articles and substance shall be safely placed or stacked

Persons expose to explosives, flammable and other substances

(Section 11)
• Measures shall be taken to eliminate the risk

Lifting of weights (Section 12)

• Lifting any heavy load that can caused bodily injury is prohibited.

Provisions against fire (Section 13)

• Precaution against fire shall be taken
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Ir Roslenda Hasan

Part II :Safety, Health and Welfare

Construction of Machinery (Section 14)

• Shall be sound construction and properly maintained

Dangerous Parts of Machinery (Section 15)

• Shall be securely fenced

Projecting Material (Section 16)

• Shall be effectively fenced

Machinery for hire or sale (Section 17)

• Prohibition to sell or hire any machinery which does not comply with any regulations.

Machinery manufactured or repaired (Section 18)

• Must comply with the regulations

Certificate of fitness (Section 19)

• No person shall operate certificated machinery without a valid certificate of fitness
 Part II :Safety, Health and Welfare

Duties of person employed (Section 20)

• Shall not interfere or misuse any means, appliances or convenience provided for
securing safety, health and welfare.
• Shall not act to cause bodily injury to himself or other persons or damage to any
machinery or property.
Duty of occupier (Section 21)
• Shall at all times maintain all safety appliances and machinery

Provisions relating to health (Section 22)

• Every factory shall be kept in a clean state.
• Sufficient working space
• Securing and maintaining adequate ventilation
• Securing and maintaining sufficient and suitable temperature
• Securing and maintaining sufficient and suitable lightning
Exposure to elements (Section 23)
• Sufficient and suitable means against rain and wind

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 Part II : Safety, Health and Welfare

Personal
protective • Minister may prescribe the
clothing and provision and maintenance
adequate personal protective
appliances clothing and appliances.

(Section 24)
• Shall be provided and maintained
adequate and suitable
Provisions accommodation for clothing not
worn during working hours
relating to welfare • Shall be provided and maintained an
adequate supply of safe drinking
(Section 25) water
• Shall be provided and maintained
adequate and accessible a first aid box

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Ir Roslenda Hasan

Part III :Persons In Charge and

Certificates of Competency
Training and supervision of • No person shall be employed at any process or
inexperience workers (Section machine without received sufficient instruction or
26) under adequate supervision

Chief Inspector may make

• The Chief Inspector may make special orders for the
orders in circumstances
(Section 27)
conduct and guidance of persons employed

Young Persons • No young person shall carry out work involving any
(Section 28) machinery

Certain Machinery not to be

• Boiler
operated without certificated
staff • Dredge
(Section 29) • Internal Combustion Engine
 Part IV : Notification of Accident,
Dangerous Occurrence and Diseases

Accidents and
• Loss of life to any person;
dangerous occurrence • Bodily injury to any person - > 4 days m.c
to be reported • Serious damage to machinery or property.
(Section 31)

Notification of
• Every registered medical practitioner to submit a notice
Industrial Diseases of cases of industrial diseases
(Section 32)

• An Inspector shall make a preliminary investigation for

Investigation and the cases under Section 31 and Section 32
enquiries (Section 33) • The Chief Inspector may held an enquiry for the case of
industrial accidents or industrial diseases

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 Part V : Notice of occupation of Factory, and
Registration and Use of Machinery

Operation of factory • No person shall begin to use any premises as a factory

(Section 34) without written permission from Chief Inspector

Building operations of • No person shall undertake any building operations or

works of engineering works of engineering construction without serving
construction (Section 35) written notice to Chief Inspector

Installation of machinery • No person shall install any machinery without written

(Section 36) permission from Chief Inspector

Application of registration • Owner of any machinery of which a CF is prescribe,

shall send to the Inspector such particulars as may be
(Section 37) prescribe

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 Part V : Notice of occupation of Factory, and
Registration and Use of Machinery

Register (Section 38) • A general register shall be kept in every factory

Moving / alteration / addition

to machinery to be approved • To get a written approval from the inspector
(Section 39)

• All machinery and factory shall be inspected by an

Periodical inspection
inspector at such periods and in such manner as may
(Section 40)
be prescribe

Question for the decision by • Procedures to appeal for any person aggrieved by any
an inspector and appeal from order made by an inspector / senior inspector under
such decision (Section 41) this Act

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 Part V : Notice of occupation of Factory, and
Registration and Use of Machinery

Report of changes • It shall be the duty of the occupier to report any structural
change in the factory, any change in the name of factory or
(section 42) change in nature of work

Machinery or factory no longer in

use • It shall be the duty of the occupier to notify of the cessation of
factory or machinery
(Section 43)

Notice of sale, hire or transfer • It shall be the duty of an owner to give notice in writing to an
(Section 44) Inspector

Copy of report of enquiry may be

supplied • Any person are entitled to receive a copy of an enquiry upon
payment of the prescribe fee
(Section 45)

Power of the chief Inspector and

senior Inspector at enquiries • The power of a First Class magistrate
(Section 46)
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 Part VI : General

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 FMA - Schedules

Schedule 1 : Dangerous Occurrences

That Must Be Notified

Schedule 2 : Serious Bodily Injuries That

Must Be Notified

Schedule 3 : Notifiable Industrial

Diseases

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 Schedule 1: Dangerous Occurrences That Must
Be Notified

Collapse or failure
Explosion or fire or
of crane, derrick,
failure of structure
Bursting of a winch, hoist, Explosion or failure
affecting the safety
revolving vessel, overturning of a of steam boiler,
or strength where
wheel, grindstone crane, (except UPV
people are
breakage of chain
employed
or rope sling)

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 Schedule 2: Serious Bodily Injuries That
Must Be Notified

Emasculation

Lost of sight of either eye

Lost of hearing of either ear

Disfiguration of the head or face

Fracture or dislocation of bone

Any hurt which endangers life, severe bodily

pain

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 Schedules 3:Notifiable Industrial Diseases

• Silicosis
• Asbestosis
• Decompression sickness
• Hearing loss
• Exposure to radiation
• Heat stroke
• Dermatitis due to handling of
mineral oils, acids, alkalis, dust

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Ir Roslenda Hasan