OSH LEGISLATION

TOPIC 1, 2 AND 3
XBLR3103
By
MURUGAN SUBRAMANIAM PPL, PJT
M.Env., B.Sc.(HSE), Dip.Env.Health, Dip.Edu.
STRUCTURE OF LEGISLATION
ACT (Policies)
(Law passed by Parliament)
OSHA 1994
Factory and Machinery Act 1967

REGULATIONS (Details)
(Law approved by relevant Ministries)
OSHA(Safety and Health Officer)
OSHA (Safety & Health Committee)

GUIDELINES (Implementation)
(Guides for use issued by relevant Departments)
HIRARC guidelines
CHRA guidelines
 PHILOSOPHY OF
THE ACT

“Responsibilities to ensure safety and health at the

workplace lies with those who create the risk and those
who work with the risk.
 Self-regulation;
 Consultation; and
 Workers cooperation and
participation.
 ENFORCEMENT
DEPARTMENT

Department Of Occupational Safety & Health

(DOSH/JKKP)

under

Ministry Of Human Resources

Topic 1:
Factories and
Machinery Act 1967
(FMA)
 Learning Outcomes
 Explain the aims for the promulgation of FMA1967;
 Define various definitions in the FMA1967;
 List down and briefly explain the Parts and its
provisions as spelled out under the Act;
 Discuss the powers of Inspectors;
 Apply knowledge gained in complying to the
provisions of the said Act;
 Determine the specific requirements in each Section
for its implementation in the workplace; and
 State the penalties imposed for failure to comply with
the Act.
 Historical Perspective
 Evolution of OSH Legislation in Malaysia
◦ 1844 British Legislation – specific safety & health
◦ Piecemeal legislation and regulations for example
transporting machinery on the train
 1972 Lords Roben “Committee of Inquiry” –
Robens Report on OSH
 Factories and Machinery Act (139) in 1967
◦ Part II Safety, Health and Welfare – enforced 1970
 Occupational Safety and Health Act (514)
1994
7
 HISTORY OF MALAYSIA’S OSH
LEGISLATION
 Selangor Boiler
Enactment 1892
 Perak Boiler 1903
 Machinery Ordinance 1913
 Machinery Enactment 1932
 FMA and regulations 1967
 OSHA and regulations 1994
 Factory & Machinery Act 1967

 In the year 1967, the Factory and Machinery

Act was approved by the Parliament of
Malaysia.
 In 1970, the Factory and Machinery Act and
eight regulations under the act were enforced.
 This act was legislated to overcome the
weaknesses in the Machinery Ordinance 1953:
◦ They were not protected if they are working in a
workplace that doesn’t use machinery.

9
 OSHA 1994
 This legislation made because FMA
1967 only covers occupational safety
and health in the manufacturing,
mining, quarrying and construction
industries, whereas the other industries
are not covered.
 The purpose of OSH Act 1994 is to
promote and encourage occupational
safety and health awareness among
workers and to create organization
along with effective safety and health
measures. 10
 FMA 1967 vs OSHA 1994
FMA 1967 OSHA 1994
Scope Only cover OSH in the Cover all economic
manufacturing, mining, activities & government
quarrying, works of except armed forces &
engineering and seafarers
construction Cover 90% of the man
Cover 24 % of the man power
power
Approach - Prescriptive - self regulation
- Too dependent on - supported by code
government of practices,
- Concern for guidelines etc
inspection by - tripartite
regulation responsibilities
authorities - worker cooperation
& participation

Objective - focus on control of - to safeguard, health

factories & & welfare of
machinery employees & those
- registration & at the place of work
inspection of for example visitors,
machines contractors etc
- less provision for
health 11
What is the Factories and
Machinery Act (FMA) 1967?

 An Act to provide for the control of

factories with respect to matters
relating to the safety, health and welfare of
persons therein, the registration and
inspection of machinery and for matters
connected therewith
(source: International labour Organization, 2014.
http://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_is
n=14984)
What is the Factories and
Machinery Act (FMA) 1967?
 This Act improvises the weaknesses of
the Machinery Ordinance 1953 by
including provisions related to health and
welfare of workers.
 The Act is applicable to:
◦ industrial sectors: factories, mining and
quarrying and construction activities, etc.
◦ control of machinery that will be used and the
indoor environment.
 Regulations under FMA 1967
1. Certificates of Competency – Examinations Regulations 1970 (Revised
1988)
2. Electric Passenger and Goods Lifts Regulations1970
3. Fencing of Machinery and Safety Regulations1970 (Revised 1988)
4. Notification, Certificate of Fitness and Inspection Regulations 1970
5. Persons-In-Charge Regulations 1970 (Revised 1988)
6. Safety, Health and Welfare Regulations 1970 (Revised 1988)
7. Steam Boiler and Unfired Pressure Vessel Regulations 1970
8. Administration Regulations 1970 (Revised 1988)
9. Compounding of Offences (Revocation)(Rules) Regulations 1910
10. Lead Regulations 1984
11. Asbestos Process Regulations 1986
12. Building Operations and Works of Engineering Construction (Safety)
Regulations 1986
13. Noise Exposure Regulations 1989
14. Mineral Dust Regulations 1989
What is the interpretation of the
following under the Act?
 (a) Amusement Devices
 (b) Building Operation
 (c) Chief Inspector
 (d) Dangerous Occurrence
 (e) Factory
 (f) Young Person
What is the interpretation of the
following under the Act?
 (g) Machinery
 (h) Occupier
 (i) Certificated Machinery
 (j) Unfired Pressure Vessel
 (k) Fired Pressure Vessel
 (l) Steam Boiler
 (m) Works of Engineering Construction
 How many Parts and Sections are
there under this Act?
 6 parts, 59 sections:
◦ Part I: Preliminary: Sec. 1-9
◦ Part II: Safety, health and welfare: Sec. 10-25
◦ Part III: Person in charge and certificates of
competency: Sec. 26-33
◦ Part IV: Notification of accident, dangerous
occurrence and dangerous diseases: Sec. 31-33
◦ Part V: Notice of occupation of factory, and
registration and use of machinery: Sec. 34-46
◦ Part VI: General: Sec. 47-59
Is this company a factory? Why?
 BEST Company is a bakery shop. It
employs seven workers who work daily
from 8 am to 5 pm. The machines installed
at this shop are as follows:
(a) Two (2) units of mixing machine
(b) One (1) unit of blending machine
(c) One (1) unit of cake cutting machine
(d) Two (2) units of oven
DISCUSS
 5. One of the provisions spelled out
under Part II of this Act is on the duties
of persons employed. List down and
briefly explain these duties.
 6. What are the provisions spelled out
under Part III of the Act?
 7. Who is the enforcement authority
named under this Act?
 8. What are the Powers of Inspector?
 DISCUSS
 9. Part II: Safety, Health and Welfare, Section 24,
spells out the provisions related to personal
protective clothing and appliances. What are the
personal protective equipment (PPE) and
appliances listed under this Section?
 10. Part II: Safety, Health and Welfare, Section 25,
spells out the provisions related to welfare.
What are the provisions?
 11. Part III: Persons-In-Charge and Certificates of
Competency spells out the provisions of
persons-in-charge. Explain these requirements.
DISCUSS
 12. Who was vested the power to make
Regulations? State the Section number.
 13. List down four (4) powers of the
Inspector.
 14. List down four (4) notifiable
occupational diseaseas spelled out under
Part IV: Notification of Accident,
Dangerous Occurrence and Dangerous
Diseases of the FMA 1967.
DISCUSS
 A tower crane has collapsed while lifting
construction materials from the ground to
the 13th floor of a building under
construction.
 Based on the provisions of Part IV:
Notification of Accident, Dangerous
Occurrence and Dangerous Diseases of the
FMA 1967, is this incident, an accident or
dangerous occurrence?
 Must it be notified to the Chief Inspector?
NOTE
1. An accident is an incident which has
given rise to injury, ill health or fatality.
2. An incident where no injury, ill health or
fatality occurs may also be referred to as
a“near-miss”, “near hit”, “close-call” or
“dangerous occurrence”.
3. An emergency situation is a particular
type of incident.
Source: OSH Management, DOSH, 2011
DISCUSS
 Mastina who had sprained her ankle while
working in Factory WSW was given a
medical leave certificate for 4 days by the
doctor.
 Must this incident be notified to the Chief
Inspector?
DISCUSS
 17. Must all building operation and works
of engineering construction be registered
(serve a notice to the Inspector informing
them of its operation) under this Act?
 When must an occupier notify the Chief
Inspector in the event of an accident?
Name the Section number.
DISCUSS
 19. The Factory Inspector from DOSH is
conducting a complaint investigation at
Deli Cookies factory.
 The Inspector want to enter a room at
the production area but the Factory
Manager is reluctant to open the door.
 Can the said manager be charged under
the Act? Why?
 State the Section number. What would be
the penalty?
 DISCUSS
 20. Are there any exemptions spelled out in
this Act?
 21. How many Schedules are there under
this Act? What are the Schedules?
 22. What is the maximum penalty that can be
imposed on an occupier for failure to obtain
a certificate of fitness before operating a
machine?
TOPIC 2
REGULATION RELATED
TO SAFETY UNDER
FMA 1967 – PART 1
 Learning Outcomes
 Describe requirements under:
◦ Steam Boilers and Unfired Pressure Vessels
Regulations, 1970.
◦ Persons-In-Charge Regulations 1970 (Revised 1988)
◦ Electric Passenger and Goods Lifts Regulations1970
◦ Notification, Certificate of Fitness and Inspection
Regulations 1970
 About Regulation
 Steam Boilers and Unfired Pressure Vessels Reg,
1970: 1st reg. and made to:
◦ control operation of machinery
◦ Requirement of person to operate machines
(competent person)
◦ Approvals for machine installation and operation

 Persons-In-Charge Regulations 1970 (Revised

1988):
◦ Requirements for safe operation of machine
 About Regulation
 Electric Passenger and Goods Lifts Regulations
1970:
◦ Safe operation of a lift

 Notification, Certificate of Fitness and Inspection

Regulations 1970:
◦ Requirements of machinery notification, certificate of
competency and inspection
◦ General provision on operation and maintenance of
machinery
 Steam Boilers and Unfired Pressure
Vessels Reg. 1970: Discuss:
 Applicable to what machine?
 Essential fittings for unfired pressure vessel?
 Import steam boiler. Requirements?
 Fabricate unfired pressure vessel. Requirements?
 Requirements for boiler house?
 Unfired pressure vessel exploded. What to do?
Regulation?
 Steam Boilers and Unfired Pressure
Vessels Reg. 1970: Discuss:
 Repair steam boiler. Requirements?
 Pressure vessel registration. Requirements?
 Requirements of this regulation, outline.
 List down schedules in this regulation?
 Fees for hydrostatic test (5L unfired pressure
vessel) should paid to DOSH.
 Persons-In-Charge Regulations 1970
(Revised 1988): Discuss:
 List machinery that required person-in-charge.
 List 4 machinery exempted from reg.
 2 duties of visiting engineers.
 List 4 machineries that need training and
duration of training.
 Who can take charge of 1500 sq ft heating
surface capacity of steam boiler?
 Electric Passenger and Goods Lifts
Regulations1970: Discuss
 DOSH approval for installation of lift: what legal
requirement needed?
 Maintenance of lift: owner responsibilities?
 Competence person and his resposibilities?
 List part of reg. for electric passenger and goods
lifts
 Explain Part II of reg.: design, construction,
installation and test.
 Case study: lift don’t have notice on the
information of person to be contacted when lit
breakdown.
Electric Passenger and Goods Lifts
Regulations1970:Discuss:
 Notification of accident. Forms?
 Diagnosed hearing impairment.What should do
under reg.?
 Part III: Inspection: type, list down and explain.
 Prepare machinery for inspection by DOSH.
What to prepare under reg.?
 Repair hoisting machine. What should do under
reg.?
 Fees for inspection (4550 sq m.)
TOPIC 3
REGULATION RELATED
TO SAFETY UNDER
FMA 1967 – PART 2
 Leaning outcomes:
 Describe requirements under:
◦ Fencing of Machinery and Safety Regulations1970
(Revised 1988) (section 15 FMA)
◦ Safety, Health and Welfare Regulations 1970
(Revised 1988)
◦ Building Operations and Works of Engineering
Construction (Safety) Regulations 1986
Fencing of Machinery and Safety
Regulations1970 (Revised 1988). Discuss:

 Every dangerous part of any machinery

securely fenced unless it’s position be safe
to every person (sec. 15 FMA).
 Define driven machinery, prime mover and
transmission machinery.
 Guard rail (refer schedule 1)
 Which part of machine must effectively
fenced?
 List 4 example of driven machinery.
Fencing of Machinery and Safety
Regulations1970 (Revised 1988). Discuss:

 Exhaust gas from prime mover. How to fence?

 Should sprocket and chain drive at 4ft height
be guarded? Which reg. of requirement?
 Employee injured his arm. The employer
charged under which reg. req.?
 Which reg. are compoundable offences?
 Outline of this reg.
 Safety, Health and Welfare Regulations
1970 (Revised 1988). Discuss:
 Install packing machines at 1st floor. Can he do
that?
 Safety measure for roof repairing at 10ft. height.
 Tank cleaning work (confine space). List safety
requirements before start work.
 Space for each person. Requirements?
 Explain PPE provision.
 Regulation 23: list 4 exemption
 Safety, Health and Welfare Regulations
1970 (Revised 1988). Discuss:
 List std. of lighting
 Def. sanitary convenience in FMA? Sanitary
convenience for 20 male and 10 female worker.
 First aid treatment requirement.
 A few drums of volatile flammable chem. not
securely closed. Is it an offence? Penalty?
 No. of schedules
 Outline of reg.
Building Operations and Works of Engineering
Construction (Safety) Regulations 1986. Discuss:

 Section 56 (1) FMA, Minister made this reg.

 List type of activity to comply these reg
 List 4 Parts of reg.
 Def: designated person, main contractor, scaffold,
site safety supervisor and plant.
 Regulation 5 provision
 What other regulations in FMA related to this
reg.
 Requirement of a safety committee.
Building Operations and Works of Engineering
Construction (Safety) Regulations 1986. Discuss:
 Safe access to two-and-a-half story shop lot
 Type of PPE to be worn. For which hazard?
 Wooden ladder at construction? Can?
 Requirement for usage of vehicles in construction site.
 Excavation and demolition work. Requirements? Should
supervise?
 Scaffolding not erected. Offence? Which reg.? Penalty?
 Safety belt requirements
 Hand-and-power tools. Reg? List it.
 Outline of these reg.