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FACTORIES AND MACHINERY ACT

1967 (FMA 1967)

OBJECTIVES

List the 6 Parts of the FMA1967

Explain at least 3 main provisions in the FMA

1967

Analyse case studies in the perspective of

the FMA 1967 legislations

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SCOPE

Background of FMA 1967

Contents

Six (6) Parts of the FMA 1967

Conclusion

Group activity

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FACTORIES AND

MACHINERY ACT 1967

BACKGROUND

Enacted as Act 64 in the year 1967

Revised on 1st April 1974 w.e.f. 1st July

1974 and became Act 139

gazette on 1st February 1970

Amend 2nd time on 2006 w.e.f. 1st January

2007 and cited as Factories and Machinery

(amendment) Act 2006

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FACTORIES AND

MACHINERY ACT 1967

Control of the factory with the aim to protect the safety, health and welfare of the people inside

Registration and inspection of machinery and related items

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CONTENTS

SIX (6) PARTS OF FMA 1967

Part I: Preliminary

Part II: Safety, Health and Welfare

Part III: Persons in Charge and Certificates of Competency

Part IV: Notification of Accidents, Dangerous Occurrences and Dangerous Diseases

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

Part VI: General

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CONTENTS

THE THREE (3) SCHEDULES

FIRST SCHEDULE:

Dangerous Occurrence

SECOND SCHEDULE:

Serious Bodily Injury

THIRD SCHEDULE:

Notifiable Industrial Diseases

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PART I: PRELIMINARY

Short title

Interpretation of factory

Interpretation – general

Appointment of officers

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PART I: PRELIMINARY

Supervision of officers

Officers are public servants

Powers of an inspector

Obstruction an offence

Persons not to reveal secrets 9

PART I: PRELIMINARY

This part

- provides the definition for terms used in the Act and Regulations

- stipulates the provision for the appointment of officers, supervision of

appointed officers by the Chief Inspector, officers are public servant,

power of an inspector to enter, inspect and examine, investigate and

examine records and documents of a factory.

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PART I: PRELIMINARY

- stipulates the provision against any person obstructing

the duties of and inspector shall be guilty of an offence

– fine max RM200,000 or imprisonment for max 5 yrs or

both.

- Persons not to reveal any manufacturing or commercial

secrets – fine max RM100,000 or imprisonment max 2 yrs

or both.

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PART II:

SAFETY, HEALTH & WELFARE

Provisions relating to safety etc

Persons exposure to explosives, flammables

and other substances

Lifting of weights

Provisions against fire12

PART II:

SAFETY, HEALTH & WELFARE

Construction of machinery

Dangerous parts of machinery

Projection material

Machinery for hire or sale must comply with regulations

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PART II:

SAFETY, HEALTH & WELFARE

Machinery manufactured or repaired must

comply with regulations

Certificate of fitness

Duties of persons employed

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PART II:

SAFETY, HEALTH & WELFARE

Duties of occupier

Provisions relating to health

Exposure to elements

Personal protective clothing and appliances

Provisions relating to welfare15

PART II:

SAFETY, HEALTH & WELFARE Provision relating to safety, etc.

stipulates provision on workplaces such as conditions of floors, ladders,

storage of substances, ventilation, sufficient lighting as well as provision

of equipment for fire prevention and their effective maintenance,

certificate of fitness.

Provision relating to health

stipulates the provision pertaining to factory hygiene, working space for

workers, adequate ventilation and lighting,

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PART II:

SAFETY, HEALTH & WELFAREcomfortable temperature levels and sufficient and suitable sanitary

conveniences.

also stipulates

methods of enforcement by the Chief Inspector

Power of Minister to formulate Regulations as deemed necessary

Provision relating to welfare

stipulates the provisions such as adequate and suitable facilities for

storage of clothing,

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PART II:

SAFETY, HEALTH & WELFARE

drying of clothing, supply of clean drinking water, washing

facilities and first-aid box

Stipulates the power of the Minister to make regulation as

deemed necessary.

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PART III: PERSONS IN CHARGE AND

CERTIFICATES OF COMPETENCY

Training and supervision of inexperienced

workers

Chief inspector may make orders in

circumstances

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PART III: PERSONS IN CHARGE AND

CERTIFICATES OF COMPETENCY

Young persons

Certain machinery may not be operated

without competent staff

Panel of Examiners and Board of Appeal

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PART III: PERSONS IN CHARGE

AND CERTIFICATES OF

COMPETENCY This part

- stipulates the provision of person in charge of handling certain

machinery (such as steam boilers), provision for training and

supervision of inexperienced workers, workers under the age of 16

and powers of the Chief Inspector to issue instruction/orders to

ensure safety and health of workers while handling machinery or

processes.

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PART III: PERSONS IN CHARGE

AND CERTIFICATES OF

COMPETENCY- Provides the procedures for examinations for obtaining

competencies and the appeal process for any person

dissatisfied with the decision by the Board of Appeal.

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PART IV: NOTIFICATION OF ACCIDENT,

DANGEROUS OCCURRENCE AND

DANGEROUS DISEASES

Accidents and dangerous occurrences to be

reported

Notification of industrial diseases

Investigation and enquiries

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PART IV: NOTIFICATION OF ACCIDENT,

DANGEROUS OCCURRENCE AND

DANGEROUS DISEASES

This part consists of three (3) provisions

Accident and dangerous occurrences to be reported

Notification of industrial diseases

Investigation and enquiries

In short, it stipulates the types of accident and dangerous

occurrences that should be reported by an occupier, in the quickest

means available, to the

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PART IV: NOTIFICATION OF ACCIDENT,

DANGEROUS OCCURRENCE AND DANGEROUS

DISEASES

nearest Inspector. These include accidents which:

Caused loss of life to any person

Causes bodily injury to any person preventing him from

performing his normal tasks for more than 4 days, or

Causes serious damage to machinery or other property

(e.g. fire)

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PART IV: NOTIFICATION OF ACCIDENT,

DANGEROUS OCCURRENCE AND DANGEROUS

DISEASES Under this provision, any industrial disease, as listed in the Third

Schedule, such as lung disease and hearing loss, must be reported to

the Chief Inspector by any registered medical practitioner.

This part also stipulates the investigation and enquiry procedures that

must be followed by an Inspector in relation to handling accident,

dangerous occurrence/industrial diseases

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PART V: NOTICE OF OCCUPATION OF

FACTORY, AND REGISTRATION AND USE

OF MACHINERY

Operation of factory

Building operations or works of engineering construction

Installation of machinery etc

Application for registration 27

PART V: NOTICE OF OCCUPATION OF

FACTORY, AND REGISTRATION AND USE

OF MACHINERY

Register

Moving or alteration of or addition to machinery to be approved

Periodical inspections

Questions for decision by an Inspector and appeals from such decision

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PART V: NOTICE OF OCCUPATION OF

FACTORY, AND REGISTRATION AND

USE OF MACHINERY

Report of changes etc

Machinery of factory no longer in use

Notice of sale, hire or transfer

Copy of report of enquiry may be supplied

Powers of the Chief Inspector and Senior Inspectors at enquiries

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PART V: NOTICE OF OCCUPATION OF

FACTORY, AND REGISTRATION AND

USE OF MACHINERY

This part stipulates the administrative requirements

(the requirements an occupier needs to exercise in

order to comply to as listed above) to conform to the

provision of the Act.

It also stipulates the powers awarded to the Chief

Inspector and Senior Inspector during enquires –

equivalent to powers of a First Class Magistrate.

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PART VI: GENERAL

Criminal and civil liability not affected

Fees

Chief Inspector’s powers

Offences

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PART VI: GENERAL

Penalties

Power to compound

Power to modify agreements

Power to apportion expenses

Exemptions32

PART VI: GENERAL

Regulations

Medical supervision

Repeal

Amendment of schedule

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PART VI: GENERAL

This part stipulates the provisions related to offences against the

provision of the Act, Penalty:

RM 100,000 or 2 yrs imprisonment or both for contravenes sections 31, sub-

section 34(1), 36(1), 38(1) and 39(1)

RM 50,000 0r 1 yr imprisonment or both where no penalty is expressly

provided

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PART VI: GENERAL

fees for inspection or any requirement of the Act,

exemptions, power of the Minister, power of the High

Court to modify agreements between the owner and the

occupier and power to apportion expenses if any

alterations of factory building, Minister may make

regulations, medical supervision.

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CONCLUSION

Control of factories with the aim to protect

the Safety, Health and Welfare of persons

inside

Registration and inspection of machinery

and related items

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Group Work

Describe the provisions of the Act that are affected

from the amendments made in the Factories and

Machinery (Amendment) Act, 2006.

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