1. FACTORIES AND MACHINERY ACT 1967 (FMA 1967)
Chapter 3

2. Objective:
Control of factories operations with respect to safety, health and welfare of persons
Registration and inspection of machinery
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3. 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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4. Application
FMA - limited to manufacturing industry, mining and quarrying and construction
do not contain detail provisions on specific matters
Detail provisions are stipulated under the regulations
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5. 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
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6. Part 1: Preliminary Definition of a factory:
There must be premises and its boundaries can be defined;
Within the premises there is manual labor doing process
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
The processes must be for trading.
(Other definitions in boiler)
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7. Part 2: 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, 16)
Employees must not misuse safety and health equipment (Section 20)
Employees not to endanger himself or other person
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8. Part 2: Safety, Health and Welfare
Key points:
Premises must be kept in clean state, 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)
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9. 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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10. Part 4: Notification of Accidents, Dangerous Occurrence and Dangerous Diseases
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).
Inspectors may investigate accidents and dangerous occurrence and hold enquiries into more serious cases (Section 33)
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11. Part 5: Notice of Occupation of Factory and Registration and Use of Machinery
Notify Department of Occupational Safety ad 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.
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12. Part 6: General General penalty RM2,000.00
Certain sections is RM5, (Section 51)
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13. Schedules Schedule 1 Schedule 2 Schedule 3
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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14. Regulations under the Act
Factories and Machinery (Certificates of Competency – Examinations) Regulations, 1970
Factories and Machinery (Electric Passenger and Goods Lift) Regulations, 1970
Factories and Machinery (Fencing of Machinery and Safety) Regulations, 1970
Factories and Machinery (Notification of Fitness and Inspections) Regulations, 1970
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15. Regulations under the Act
Factories and Machinery (Person-In-Charge) Regulations, 1970
Factories and Machinery (Safety, Health and Welfare) Regulations, 1970
Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) Regulations, 1970
Factories and Machinery (Administration) Regulations, 1970
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16. Regulations under the Act
Factories and Machinery (Compounding of Offences) Rules, 1978
Factories and Machinery (Compounding of Offences) Regulations, 1978
Factories and Machineries (Lead) Regulations, 1984
Factories and Machineries (Asbestos Process) Regulations, 1986
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17. Regulations under the Act
Factories and Machinery (Building Operations and Works of Engineering Construction) (Safety) Regulations, 1986
Factories and Machinery (Noise Exposure) Regulations,1989
Factories and Machinery (Mineral Dust) Regulations, 1989
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18. Factories and Machinery (Certificates of Competency – Examinations) Regulations, 1970

19. Factories and Machinery (Certificates of Competency – Examinations) Regulations, 1970
Set up the framework for the certificates 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 judged unfit after an enquiry or a court case
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20. Factories and Machinery (Electric Passenger and Goods Lift) Regulations, 1970

21. Factories and Machinery (Electric Passenger and Goods Lift) Regulations, 1970
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
Apply to lifts used to carry persons and goods
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)
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22. Specifications for the following components of a lift system:
Factories and Machinery (Electric Passenger and Goods Lift) Regulations, 1970
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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23. Factories and Machinery (Electric Passenger and Goods Lift) Regulations, 1970
Duties of lift owner to maintain the lift (3 monthly inspections and monthly service by competent person)
Enter details of all inspections and maintenance activities in lift register (Regulation 31)
Owner must display certificate of registration in the lift car or at the bottom of the landing (Regulation 32)
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24. Factories and Machinery (Notification of Fitness and Inspections) Regulations, 1970

25. 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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26. 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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27. 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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28. 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 – Regulation 14)
DOSH give advance notice of the inspection to the occupier
Occupier prepare machinery for inspection
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29. Part 3
DOSH may direct not complying factory to improve the situation (Regulation 27)
Stop work notice may be issued for machinery without a current certificate of fitness (Regulation 28)
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30. Part 4
Inspection fees charged by DOSH
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31. Factories and Machinery (Fencing of Machinery and Safety) Regulations, 1970

32. Safeguarding of machinery
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
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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33. 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
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34. Part 4 specifies the methods for guarding different types of machinery:
Mixers
Grinding mills
Centrifuges
Presses
Guillotines
Conveyors
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35. 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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36. Factories and Machinery (Person-In-Charge) Regulations, 1970

37. 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
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38. Factories and Machinery (Person-In-Charge) Regulations, 1970
Steam boiler include UPV (pressure v/l) with steam connected to it
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)
Larger boiler need an engineer’s certificate of competency for steam boiler and steam engine (Regulation 5)
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39. Factories and Machinery (Person-In-Charge) Regulations, 1970
IC engines < 100 hp need a holder of IC engine driver’s certificate
Larger IC engine need a holder of an IC engine engineer’s certificate in charge
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)
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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40. Factories and Machinery (Person-In-Charge) Regulations, 1970
Schedule 1 lists machineries that require a trained operator:
Presses
Saws
Metal working machines
Hoisting machines
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41. Factories and Machinery (Safety, Health and Welfare) Regulations, 1970

42. Factories and Machinery (Safety, Health and Welfare) Regulations, 1970
Deal with factory premises and various safety, health and welfare requirements
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43. Factories and Machinery (Safety, Health and Welfare) Regulations, 1970
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)
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44. Factories and Machinery (Safety, Health and Welfare) Regulations, 1970
Key points:
Adequate protection are necessary before working inside a confined space (Regulation 13)
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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45. Factories and Machinery (Safety, Health and Welfare) Regulations, 1970
Materials and finished goods must be securely stacked and stored (Regulations 19, 20)
Specifications are laid down for cleaning of surfaces inside factory (Regulation 23)
Lighting, ventilation and climate requirements are all detailed (Regulations )
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46. Factories and Machinery (Safety, Health and Welfare) Regulations, 1970
Key points:
Working clothes and protective equipment (Regulation 32)
Welfare facilities such as toilets, drinking water, washing facilities and first aid (Regulation 33 to 38)
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47. 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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48. Thank You