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FMA 1967 & THE REGULATIONS

LAWS OF MALAYSIA Act 139 FACTORIES AND MACHINERY ACT 1967 ‘An Act to provide for the control of factories with respect to matters relating to the safety, health and welfare of person therein, the registration and inspection of machinery and for matters connected therewith’.

FMA 1967 & THE REGULATIONS

OBJECTIVES Control of factories operations with respect to safety, health and welfare of persons.

Registration & inspection of machinery

FMA 1967 & THE REGULATIONS

F A C T O R I E S Skill Solutions Sdn Bhd

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FMA 1967 & THE REGULATIONS

THE ACT (1/2) To provide control of factories related to safety, health & welfare of persons at work, and any matters related to registration & inspection of machinery Specify dangerous occurrence, types of serious bodily injury & industrial diseases. Specify powers of Inspectors, obstruction and offences

FMA 1967 & THE REGULATIONS

FMA 1967 & THE REGULATIONS

THE ACT (2/2)

Specify requirement for machinery – steam boilers, unfired pressure vessels, gas cylinders, transmission machinery, hoisting machines & etc. Specify duties of persons employed and occupier, person in charge & certificate of competency. Instruct al machinery to have written approval, valid certificate of fitness & periodically inspection by Inspector

APPLICATION OSHA 1994 supersedes the FMA 1967 in the event of any conflict FMA 1967 applies to mainly factories & construction sites. FMA & OSHA – enabling act (give power to minister to gazette detail regulations) Contain some general provision on safety, health and welfare

FMA – limited to manufacturing industry, mining, quarrying No detail provisions on specific matters – detail provision are stipulated under the regulations.

ARRANGMENT

Part 1 – Preliminary Part 2 – Safety, health and welfare Part 3 – Persons-in-charge & certificates of competency Part 4 – Notification of accidents, dangerous occurrence, & dangerous diseases

Part 5 – Notice of occupation of factory & registration & use of machinery Part 6 – General

PART 1 - PRELIMINARY

Definition of Factory Premises & its boundaries Within the premises there is manual labor doing process of making, altering, repairing ornamenting, finishing, cleaning, washing, breaking, demolishing, constructing, fitting, adjusting The process must be for trading any business

PART 2 – SAFETY, HEALTH & WELFARE

Key points: Premises must be designed with safe access to work areas, material & goods must be safely stacked (S.10 Machinery must be properly constructed & dangerous parts must be fenced (S.14,15,16) Employees must not misuse safety & health equipment (S.20) Employees must not to endanger himself or other person

PART 2 – SAFETY, HEALTH & WELFARE

Premises must be kept clean with adequate space, ventilation, lighting & toilets (S.22) Persons must be) supplied with adequate facilities for clothing, storage, drinking, water, first aid & & washing facilities (S.25) Employees must be trained on safety of machinery (S.26)

PART 3: PERSONS-IN-CHARGE & CERTIFICATES OF COMPETENCY

Machinery operators must be adequately trained or under the supervision of a trained person (S.26)

Young persons (<16) must not operate machinery (S.28)

PART 3: PERSONS-IN-CHARGE & CERTIFICATES OF COMPETENCY

CERTIFICATE OF FITNESS FROM THE DEPARTMENT OF OCCUPATIONAL SAFETY AND HEALTH (DOSH)

• Hoisting Equipment – Certificate of Fitness for Hoisting Machine (Perakuan Kelayakan Mesin Angkat, PMA). • Example: lift, crane, moving stairs, gondola.

PART 3: PERSONS-IN-CHARGE & CERTIFICATES OF COMPETENCY

CERTIFICATE OF FITNESS FROM THE DEPARTMENT OF OCCUPATIONAL SAFETY AND HEALTH (DOSH)

• Pressure Vessels – Certificate of Fitness for Pressure Vessel (Perakuan Kelayakan Mesin Tekanan, PMT). • Example: Air Receiver.

PART 3: PERSONS-IN-CHARGE & CERTIFICATES OF COMPETENCY CERTIFICATE OF FITNESS FROM THE DEPARTMENT OF OCCUPATIONAL SAFETY AND HEALTH (DOSH)

• Steam Boiler – Certificate of Fitness for Steam Boiler (Perakuan Kelayakan Mesin Dandang, PMD). • Example: steam boiler, sterillizer.

PART 4: NOTIFICATION OF ACCIDENTS,DANGEROUS OCCURRENCE & DANGEROUS DISEASE

The occupier must notify the nearest Inspector of accident & diseases include: Loss of life Injury to a person who loses more than 4 days work loss injury time – LTI) Serious damage to machinery or other property (S.31) Inspectors may investigate accidents & dangerous occurrence & hold inquiries on more serious cases (S.33)

PART 5: NOTICE OF OCCUPATION OFFACTORY & REGISTRATION & USE OF MACHINERY

Notify DOSH within 3 months of the intended start date (S.34)

Building operations must be notified if last more than 6 weeks (S.35) Changes to the use of factory or machinery must be notified to DOSH Fills standard form with (a) layout plan of factory,(b) list of manufactured products, (c) list of machines to be used, (d) list of chemicals, toxic or flammable substance, (e) detail flow chart of work process

PART 6 - GENERAL

General penalty RM2,000

Certain sections with penalty RM5,000 (S.51)

REGULATIONS

FMA (Certificate of Competency Examination) Regulations 1970 (Revised 1988)

FMA (Electrical enger & Goods Lifts) Regulations 1970 FMA (Fencing of Machinery & Safety) Regulations 1970 (Revised 1988) FMA (Notification, Certificate of Fitness & Inspection) Regulations, 1970 FMA (Person-in-Charge) Regulations, 1970 (Revised 1988)

REGULATIONS

FMA (Safety, Health & Welfare) Regulations,1970 FMA (Steam Boilers & Unfired Pressure Vessels) Regulations, 1970 FMA (istration) Regulations, 1970 FMA (Compounding of Offences) Rules, 1978

FMA (Compoundable Offences) Regulations,1978 FMA (Lead) Regulations, 1986

REGULATIONS

FMA (Asbestos Process) Regulations1986 FMA (Building Operations & Works of Engineering Construction) (Safety) Regulations, 1989 FMA (Noise Exposure) Regulations, 1989

REGULATIONS

FMA (Mineral Dust) Regulations 1989 FMA (Notification, Certificate of Fitness & Inspection) (Amendment) Regulations 2004

FMA (Steam Boilers & Unfired Pressure Vessels) (Amendment) Regulations 2005

FMA 1967 Versus OSHA 1994

OSHA 1994

Philosophy & Guiding Principles “Responsibilities to ensure safety & health at the workplace lies on those who create the RISK and those who work with the RISK “

OSHA 1994 - Objectives

To secure the safety, health & welfare of persons at work To protect person (other than person at work) against hazard To promote the occupational environment Adaptable to the person’s physiological & psychological needs An enabling act based on regulations & industrial codes of practice in combination with the provisions of the act

FMA 1967 - OBJECTIVES

Control of factories operations with respect to safety, health and welfare of persons. Registration & inspection of machinery

OSHA 1994 vs FMA 1967 Application OSHA 1994 supersedes the FMA 1967 in the event of any conflict FMA 1967 applies to mainly factories & construction sites FMA & OSHA – enabling act (give power to minister to gazette detail regulations) FMA contains some general provision on safety, health & welfare

FMA limited to manufacturing industry, mining & quarrying and construction FMA do not contain detail provisions on specific matters (Detail provisions are stipulated under the regulations)