HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

1.3 FMA 1967 (ACT 139)

* Reference: KMP3907 Industrial Health and Safety UPM

 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

OBJECTIVES

1. Control of factories operations with respect to safety, health

and welfare of persons

1. Registration and inspection of machinery

 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

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
• FMA – scope of the act limited to manufacturing industry,
mining and quarrying and construction
• Acts do not contain detail provisions on specific matters
• Detail provisions are stipulated under the regulations.
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

ARRANGEMENT

FMA 1967 divided into 6 parts:

Part 1 Preliminary
Part 2 Safety, health and welfare
Part 3 Persons-in-charge and certificates of competency
Part 4 Notification of accidents, dangerous occurrence and
dangerous diseases
Part 5 Notice of occupation of factory and registration and
use of machinery
Part 6 General
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

PART I PRELIMINARY

Definition of factory:
(a) There must be premises involved, the boundaries of which
can be defined;
(b) Within those premises, there is manual labor going on in
connection with one of the processes specified;
(c) The process must involve the making, altering, repairing,
ornamenting, finishing, cleaning, washing, breaking up
demolition or adapting for sale any article; and;
(d) The processes must be carried on by trade or for gain

Other definitions in Part I – building operations, hoisting

machine, machinery, steam boiler
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

PART II SAFETY, HEALTH AND WELFARE

Key points:

• Premises must be structurally sound with safe access to work

areas, materials and goods must be safely stacked (Section 10)
• Machinery must be of sound construction and dangerous parts
must be fenced (section 14, 15 and 16)
• Employees must not misuse safety and health equipment
(Section 20)
• Employees not allowed to act in a way that could endanger the
safety of himself or other person
• Premises must be kept in clean, with adequate work space ,
ventilation, lighting and toilets (Section 22)
• Persons must be supplied with adequate facilities for clothing,
storage, drinking, water, first aid and washing facilities (section
25)
• Employees must be trained on the safety of machinery (section
26)
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

PART III PERSON 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)
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

PART IV NOTIFICATION OF ACCIDENT, DANGEROUS

OCCURRENCE AND DANGEROUS DISEASES

The occupier must notify the nearest inspector of accidents

and disease. 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)
Inspectors may investigate accidents and dangerous
occurrence and hold enquiries into more serious cases
(Section 33)
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

PART V NOTICE OF OCCUPTION OF FACTORY AND

REGISTRATION AND USE OF MACHINERY

• Notify Department of Occupational Safety and Health (DOSH)

within 3 months of the intended start date (section 34)
• Building operations must be notified if last more than 6 weeks
(section 35)
• Changes to the use of factory or machinery must be notified
to DOSH
• 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
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

PART VI GENERAL

• General penalty RM2000.00

• Certain sections is RM5000.00 (section 51)
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

SCHEDULE

• Schedule 1 – Defines dangerous occurrences to machinery

that need to be notified

• Schedule 2 – Describes the types of injury that may classified

as “serious bodily injury”

• Schedule 3 – Lists notifiable industrial diseases

 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

The 15 regulations under the Act are as follow:

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, Certificate of Fitness
and Inspections) Regulations 1970
5. Factories and Machinery (Persons-In-Charge) Regulations
1970
6. Factories and Machinery (Safety, Health and Welfare)
Regulations1970
7. Factories and Machinery (Steam Boiler and Unfired Pressure
Vessel) Regulations 1970
8. Factories and Machinery (Administration) Regulations 1970
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

9. Factories and Machinery (Factories and Machinery

(Compounding of Offences) (Revocation) Rules) Regulations
2010
10. Factories and Machinery (Factories and Machinery
(Compounding of Offences) (Revocation) Rules) (No. 2)
Regulations 2010
11. Factories and Machineries (Lead) Regulations, 1984
12. Factories and Machineries (Asbestos Process) Regulations,
1986
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

* All amendments up to March, 2014

 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

FACTORIES AND MACHINERY (CERTIFICATES OF

COMPETENCY – EXAMINATIONS) REGULATIONS 1970

• Set up the framework for the certificated of competency

required under Factories and Machinery (Persons-In-Charge)
Regulations
• Laid down pre-requisite for the application for a certificate of
competency and the examination procedure
• All certificates of competency have requirements for
experience and an examination pass before they can be
granted
• Certificates of competency can be suspended or cancelled if
the holder is medically unfit or in case of serious misconduct
or if judger unfit after an enquiry ir a court
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

FACTORIES AND MACHINERY (ELECTRIC PASSENGER

AND GOODS LIFT) REGULATIONS 1970
• All new lifting machines (cranes, cab, winch) and lifting
appliances (pulley and chain blocks) have a manufacturer’s
certificate specifying safe working load with design drawing
and load calculations
• Apply to lifts that are use to carry persons including goods lift
• Owner to provide detail design to obtain approval from DOSH
(Regulation 6)
• Capacity of a lift is based on lift car floor area and displayed
clearly on each lift car (Regulation 7)
• Specifications for the following components of a lift system :
- Machines room (Regulation 9)
- Lift well (Regulation 10)
- Landing doors (Regulations 12 and 13)
- Lift car (Regulation 14 to 19)
- Suspension system (Regulation 20-29)
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

• Duties of lift owner to maintain lift (3 monthly inspections and

monthly service by competent person)
• Enter details of all inspections and maintenance activities in
the register for each lift (Regulation 31)
• Owner must display certificate of registration in the lift car or
at the bottom of the landing (Regulation 32)
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

FACTORIES AND MACHINERY (NOTIFICATION OF

FITNESS AND INSPECTIONS) REGULATIONS 1970

• Details of notification, certificate of fitness and inspections

carried out by DOSH

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.

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)
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

Part 3
• 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 0
Regulation 14)
• DOSH give advance notice of the inspection to the occupier
• Occupier prepare machinery for the inspection
• Factory or machinery not complying with regulations may
result in DOSH issuing a direction to improve the situation
(Regulation 27)
• Stop work notice may be issued for machinery without a
current certificate of fitness (Regulation 28)

Part 4
• Inspection fees charged by DOSH
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

FACTORIES AND MACHINERY (FENCING OF MACHINERY

AND SAFETY) REGULATIONS 1970

• Safeguarding of machinery
• All dangerous parts of machine including the power
source and transmission must be guarded
• Describe methods for guarding various parts of machine:
- Part 2 : Prime mover (power source)
- Part 3 : Transmission machinery
- Part 4 : Driven machinery
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

Part 4 specifies the methods for guarding different types of

machinery:
- Abrasive and grinding machinery
- Machinery using rolls
- Saws
- Planers
- Spindle moulders
- Grooving and tenoning machine
- Chain-mortice machine
- Mixers
- Centrifuges
- Presses
- Guillotines
- Conveyors
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

• Other machines must also be securely fenced

• Other form of guarding – switches and interlocks
• Workers trained in the operation of certain dangerous
machines and aware of the danger of such machines
• Six schedules gives further specification for the materials and
dimensions of machine guards
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

FACTORIES AND MACHINERY (PERSON IN CHARGE)

REGULATIONS 1970

• Specify persons-in-charge of certain machinery require

certificate of competency including:
- Steam boiler
- Steam engine
- Internal combustion engine
- Dredge
• Steam boiler include UPV with steam connected to it
• Steam boiler and steam engine require steam boiler driver’s
certificate of competency for smaller boilers (<2000 sq ft
heating surface)
• Larger boiler need an engineer’s certificate of competency for
steam boiler and steam engine (Regulation 5)
• IC engines < 100 hp need a holder of IC engine driver’s
certificate
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

• 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)
• Schedule 1 lists machineries that require a trained operator:
- Presses
- Saws
- Metal working machines
- Hoisting machines
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

FACTORIES AND MACHINERY (SAFETY, HEALTH AND

WELFARE) REGULATIONS 1970

• Deal with factory premises and various safety, health and

welfare requirements
• Key points:
– Safe means of access and safe place of employment,
provision of edge protection on floor openings and stairs
(Regulation 7,8)
– 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)
– Persons must be protected from falls of more than 10 feet by
the use of safety belts or ropes (Regulation 12)
– Adequate protection are necessary before working inside a
confined space (Regulation 13)
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

- Flammable and dangerous liquids must be

securely stores and precautions taken against
fire and explosion (Regulations 14 to 17, 21,22)
- Materials and finished goods must be securely
stored and precautions taken against fire and
explosion (Regulations 19, 20)
- Specifications are laid down for cleaning of
surfaces inside factory (Regulation 23)
- Lighting, ventilation and climate requirements
are all detailed (Regulations 24-29)
- Working clothes and protective equipment (Regulation
32)
- Welfare facilities such as toilets, drinking water,
washing facilities and first aid (Regulation 33 to 38)
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

Four schedules of the regulations:

1. First Schedule – specify classes of factories that do not
need internal surfaces white washed every 12 months;
2. Second schedule – describes the level of lighting required
in different parts of the factory
3. Third schedule – lists work activities that need eye
protection or protective screens
4. Fourth schedule – contents of first aid box
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

FACTORIES AND MACHINERY (STEAM BOILER AND

UNFIRED PRESSURE VESSEL) REGULATIONS 1970
Part I General Conditions
• Describes condition for obtaining permission from DOSH
before a steam boiler or unfired pressure vessel (UPV) is
manufactured or imported
• DOSH may accept the design and operation details of the
item an issue an authorized safe working pressure (SWP)
• Steam boilers and UPV (autoclaves, compressors,
pressurized storage tanks and gas cylinders) must comply to
codes listed schedules

Part II Steam Boilers

• Details on safety fittings required on a steam boiler
• Burner system of steam boiler
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

Part III Unfired Pressure Vessel

• Air receiver, steam receiver and other UPV
• Essential safety fittings and further specifications

Part IV Miscellaneous Provision

• Piping associated with steam boiler
• Procedure for hydrostatic test before put into service and at 7
year intervals
• Registration plate that display registration number
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

FACTORIES AND MACHINERY (ADMINISTRATION)

REGULATIONS 1970

• Set out the administration by DOSH officer of FMA and

regulations
• List of fees of charged for an officer’s service
• Describe the records that must be kept by OSH personnel
• DOSH must provide a report on the administration of the Act
and regulations to the minister every year
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

FACTORIES AND MACHINERY (BUILDING OPERATIONS

AND WORK ENGINEERING)(SAFETY) REGULATIONS 1986

• Cover instruction safety

• Apply to building operation defined as:
“ the construction, structural alteration, repair and
maintenance of a building (including re-painting, re-decoration
and external cleaning of the structure), the demolition of a
building, and the preparation for and the laying of the
foundation of an intended building”
• Works of engineering construction
“…the construction of any railway line or siding and the
construction, structural, alteration or repair (including re-
pointing and re-painting) or the demolition of any dock,
harbor, inland navigation, tunnel, bridge, viaduct, waterworks
or gas holder…”
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

• Regulation applies in addition to any other relevant FMA or

regulation requirements, e.g. certificate of fitness for hoisting
machine, guarding of dangerous parts of machinery
• There are 17 parts in the regulation:

Part 2
• Describes general precautions that should be taken
• Use of PPE, electrical safety, lighting, access to workplaces,
storage of materials and disposal of debris.

Part 3
• Precautions to be taken in the erection and dismantling of
formwork for concrete buildings
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

Part 4
• Safety requirements involved in the erection of structural steel
and pre0cast concrete structures
• Temporary floorings needs to follow up the construction of a
steel frame building (Regulation 38)

Part 5
• Working in steep roofs (Regulations 39 to 42)
• Crawling board or roofing brackets must be installed on roofs
with a slope greater than 1 in 4 (Regulation 40)

Part 6
• Catch platform erected along the exterior faces for
demolition originally more than 12.2 meters in height
• Protect public against falling objects
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

Part 7
• Chutes for rubbish removal totally enclosed if the angles
exceed 45 degrees from horizontal
• Design and construction of chutes (Regulations 46-49)
• Use and inspection of safety belts and safety nets
(Regulations 50 – 57)

Part 8
• Runway and ramps for the use of vehicles, workers and
barrows (Regulation 58 to 61)

Part 9
• Ladders and step ladders
• Securely fixed so that they cannot slip
• Ladder access is necessary for all work exceeding 1.5 meters
in height (Regulation 71)
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

Part 10
• Scaffold and their components must be well structured from suitable
and sound material and of adequate strength
• Sufficient materials available to construct the scaffold
• Scaffold material properly stored and when not in use kept away
from defective material
• Every scaffold properly maintained and accidental displacement
must be prevented
• Scaffold securely placed or fixed in position
• Stability of scaffold – independent, putlog or mobile units
(Regulations 76 and 77)
• Provision of braces, ties, the structural integrity of the building
supporting the scaffold
• Requirement concerning the construction, stability and firm base
requirements for mobile towers
• Scaffolds inspect weekly or after exposure severe weather condition
• Inspection result entered into register kept on site
• Guard rails are required on scaffolds if persons may fall > 3 meters
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

Part 11
• Required precautions for demolition
• Main provisions:
– No part of the building or structure can be allowed to
become dangerously overloaded with debris
– The following work must be done under close supervision
of a competent person with adequate experience of work
a) Demolition of all or part of a building structure
(except when there is no foreseeable risk of collapse)
b) Demolition of all or part of a building or structure where there
is a special risk of collapse of anything as a result of the
demolition
c) Cutting of an reinforced concrete steelwork or ironwork
forming part of the building or structure being demolished
and before the cutting precautions are to be taken to prevent
twisting, springing or collapse
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

Part 12
• Safety in excavation work
• Excavation shored up or cut back to prevent collapse
• Guardrails must be installed if excavations exceed 3 meters in
depth (Regulation 113)
• Excavation provided with safe access if more than 1.2 meters
deep (Regulation 115)

Part 13
• Storage and disposal of building materials
• Safe method stacking bricks, masonry blocks and bags
(Regulation 122)
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

Part 14
• Safety in piling work
• Inspect pile driving equipment daily by a competent person
• Competent person to personally direct the work and give the
operating signals (Regulation 127)

Part 15
• Explosives must not be handled or used except by or under
the immediate control of a competent person
• When explosive are fired, employees must not be exposed to
risks of injury from the explosion or flying material
• Take steps to prevent accidents

Part 16
• Hand and power tools must be maintained in a safe condition
• Use of hand tools, electric, pneumatic, hydraulic, fuel and
power driven equipment
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

Safety Organization on site

• Main contractor should appoint a part time safety supervisor –
spend at least 15 hours per week on safety supervision
• Contractor with more than 20 persons on the site appoint
contractor’s safety supervisor – spend at least 5 hours per week
on safety supervision
• Safety supervisor should be competent person with at least 2
years experience as a site foreman
• When 50 or more persons are employed on construction site,
the main contractor should establish a safety committee
• Committee consist of a senior member of the main contractor’s
staff, all appointed safety supervisors and any appointed site
workers
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

REGULATIONS ON HEALTH

• FMA 1967 contains regulations at preventing exposure and

minimizing the health effects of certain hazards
• Specific regulations exist for lead, mineral dust, asbestos and
noise
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

FACTORIES AND MACHINERY (LEAD) REGULATIONS

1984

• Specify a range of duties and controls

• Health surveillance (blood test) and administrative control
• Key features:
– Permissible exposure limit (PEL) of 150 µgm3 of air
averaged over an 8 hour period
– Protection factor may be taken into account when
respiratory protection is worn
– Employers are required to carry out atmospheric
monitoring
– Personal samples to be taken from employees exposed to
lead
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

• Specific detail of monitoring program:

Initial determination made using representative sample or worst
case (highest exposure)
Monitoring for all employees exposed above action limit
Frequency of monitoring:
• At least every 6 months for exposures below PEL and above
action level (75 µgm3)
• Every 3 months for exposure above PEL
Employees must be notified of results
• Specify engineering control and work practice to be used to
control exposure to below PEL
• Specify respiratory protection based on airborne concentration
of lead.
• Employers provide other forms of protective equipment
(coveralls, gloves, goggles, shoes etc) and ensure employees
use them
• Employer is to arrange for their cleaning and storage
• Provide change room and shower facilities
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

• Provide medical surveillance program for all employees

exposed above the action level for > 30 days per year
• Frequency of biological monitoring is specified as well as
the frequency of medical examination
• Temporarily removed an employee from exposures above the
action level where blood levels are above
• 80µg/100 gm for males and 40 µg/100 gm for females of
child bearing capacity
• Employee training
• Procedure for record keeping
• Penalty – RM2000.00
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

FACTORIES AND MACHINERY (ASBESTOS)

REGULATIONS 1986

• Establishes a PEL of 1 fiber/ml of air over 8 hour period

• Requires exhaust equipment (LEV) to be provided in order to
keep exposures below PEL
• Requires equipment to be examined and tested at specified
intervals by a competent person
• Provide PPE in the prescribed area or where concentrations
exceed PEL
• Obligation on employees to use PPE
• Cleaning and housekeeping
• Personal monitoring at least at 3 monthly interval to comply
with regulations
• Medical examination of employees at least every 2 years
(lung function test)
• Specify details of the test
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

• Provide employees with training on the process, controls ,

PPE and medical surveillance
• Medical records kept for 20 years
• Remove employees from work area if there is indications of
asbestos related diseases
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

FACTORIES AND MACHINERY (NOISE EXPOSURE)

REGULATIONS 1989

• Permissible exposure level :

– Equivalent continuous sound level 90dB (A)
– Noise dose of unity
– Not exceedingly limit in schedule
– Maximum noise level of 115 dB (A)
– Impulsive noise not to exceed 140 dB (A)
• Method of compliance is by engineering and/or administrative
controls
• PPE is used if these are not practicable
• Initial and ongoing monitoring for employees exposed above
PEL
• Hearing protection for employees exposed by the action level
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

• Hearing protection must attenuate noise level below the PEL

and limit for impulsive noise
• Audiometric test program every year if exposure is above PEL
or there is a threshold shift
• Train employees in aspects of regulations, effects of PPE and
audiometric testing
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

FACTORIES AND MACHINERY (MINERAL DUST)

REGULATIONS 1989

• Employers provide and employees required to use protective

clothing, respiratory equipment and other protective
equipment
• Report any defects in the equipment
• Sand blasting is prohibited unless written approval from
DOSH is obtained
• PEL for mineral dust (<1% silica) of mg/m3 total
• PEL of 0.1 mg/m3 quartz and 0.5 mg/m3 for cristobalite and
trydimite
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

• Carry out atmospheric monitoring:

– Initial monitoring of all employees in processing area
– Every 6 months for exposures between action level and PEL
– Every 3 months for exposures above PEL
– Employees must be notified of the results
• Control equipment to remove dust (engineering control)
• Inspect and maintain equipment
• Employer required to provide PPE
• Medical examination of employees exposed above action level
• Medical records to be kept for 20 years
• Provide training for employees on the regulations, nature of the
operation, control equipment and medical examination.