factories and machinery act 1967 (fma 1967

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LAWS OF MALAYSIA ACT 139 FACTORIES AND MACHINERY ACT 1967 Deliver by: amminatul izzah MBBS year 4 UniSZA

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FMA 1967

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Page 1: Factories and machinery act 1967 (fma 1967

LAWS OF MALAYSIAACT 139

FACTORIES AND MACHINERY ACT 1967

Deliver by: amminatul izzah MBBS year 4 UniSZA

Page 2: Factories and machinery act 1967 (fma 1967

OBJECTIVES

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

Registration and inspection of machinery

Page 3: Factories and machinery act 1967 (fma 1967

ARRANGEMENT

FMA 1967 divided into 6 parts:

Part1 - Preliminary Part2 - Safety, health and welfare Part3 - Persons-in-charge and certificates of

competency Part4 - Notification of accidents, dangerous

occurrence and dangerous diseases Part5 - Notice of occupation of factory and

registration and use of machinery Part6 - General

Page 4: Factories and machinery act 1967 (fma 1967

PART I - PRELIMINARY

SECTION1. Short title2. Interpretation of “factory”3. Interpretation: general4. Appointment of officers5. Supervision of officers6. Officers are public servants7. Powers of an Inspector8. Obstruction an offence9. Persons not to reveal secrets

Page 5: Factories and machinery act 1967 (fma 1967

PART IISAFETY, HEALTH AND WELFARESECTION

10. Provisions relating to safety, etc.11. Persons exposed to explosive, inflammable, etc., substances12. Lifting of weights13. Provisions against fire14. Construction of machinery15. Dangerous parts of machinery16. Projecting material17. Machinery for hire or sale must comply with regulations18. Machinery manufactured or repaired must comply with regulations19. Certificate of fitness20. Duties of persons employed21. Duties of occupier22. Provisions relating to health23. Exposure to elements24. Personal protective clothing and appliances25. Provisions relating to welfare

Page 6: Factories and machinery act 1967 (fma 1967

PART III - PERSON IN CHARGE AND CERTIFICATES OF COMPETENCY

Section26. Training and supervision of inexperienced workers27. Chief Inspector may make orders in circumstances28. Young persons29. Certain machinery not to be operated without certificated staff30. Panel of Examiners and Board of Appeal

Page 7: Factories and machinery act 1967 (fma 1967

PART 1: PRELIMINARY

Definition of a factory:a)There must be premises and its boundaries can be defined;

b)Within the premises there is manual labor doing process

c)The process must involve the making, altering, repairing, ornamenting, finishing, cleaning, washing, breaking up demolition or adapting for sale any article; and Part I –building operations, hoisting machine, machinery, steam

d)The processes must be for trading.

Page 8: Factories and machinery act 1967 (fma 1967

PART 2: SAFETY, HEALTH AND WELFARE

Key points:1.Premises must be structurally sound with safe access to work areas, materials and goods must be safely stacked (Section 10)

2.Machinery must be of sound construction and dangerous parts must be fenced(Section 14, 15, 16)

3.Employees must not misuse safety and health equipment(Section 20)

4.Employees not to endanger himself or other person

Page 9: Factories and machinery act 1967 (fma 1967

5.Premises must be kept in clean state, with adequate work space, ventilation, lighting and toilets (Section 22)

6.Persons must be supplied with adequate facilities for clothing, storage, drinking, water, first aid and washing facilities (Section 25)

7.Employees must be trained on the safety of machinery (Section 26)

Page 10: Factories and machinery act 1967 (fma 1967

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)

Page 11: Factories and machinery act 1967 (fma 1967

FACTORIES AND MACHINERY ACT 1967 (FMA 1967)

Deliver by : siti hamidah binti mahbud 030480MBBS year 4 UniSZA

Page 12: Factories and machinery act 1967 (fma 1967

Part 4: Notification of Accidents, Dangerous Occurrence and Dangerous Diseases

1.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).2.Inspectors may investigate accidents and dangerous occurrence and hold enquiries into more serious cases (Section 33)

Page 13: Factories and machinery act 1967 (fma 1967

Part 5: Notice of Occupation of Factory and Registration and Use of Machinery

1.Notify Department of Occupational Safety ad Health(DOSH ) within 3 months of the intended start date (Section 34) operation of factory

2.Building operations must be notified if last more than 6 weeks (Section 35) Building operations or works of engineering construction

Page 14: Factories and machinery act 1967 (fma 1967

3.Changes to the use of factory or machinery must be notified to DOSH4.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(e) detail flowchart of the processes

Page 15: Factories and machinery act 1967 (fma 1967

Part 6: General

1. Chief Inspector’s powers (section 49)2. General penalty RM2,000.00.

Certain sections is RM5,000.00 (Section 51)

3. Power to modify agreements: owner may apply to the High Court for the terms of the agreement to be set aside or modified (section 53)

4. Medical supervision (section 57)

(a) cases of illness have occurred which he has reason to

believe may be due to the nature of the process or other

conditions of work;

(b) there may be risk of injury to the health of persons employed

in any process; or

(c) persons below the age of eighteen years are, or are about

to be, employed in work which may cause risk of injury

to health,

Page 16: Factories and machinery act 1967 (fma 1967

5. Amendment of Schedule: Minister may, at any time by order, correct any of the Schedules (section 59)

Page 17: Factories and machinery act 1967 (fma 1967

15 regulation under FMA

Page 18: Factories and machinery act 1967 (fma 1967
Page 19: Factories and machinery act 1967 (fma 1967

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Occupational safety – Boiler inspector in the 20th century

Early legislation –Machinery safety

Factory & Machinery Act 1967

Employees’ SOCSO Act 1969

OSHA 1994

Chemical & safety awareness increased due to Bhopal 1984 & bright sparkler incidence 1991

Malaysia: Evolution of OH Law

FMA Regulations1.notifiable industrial disease2.lead3.asbestos 4.noise5.mineral dust

Page 20: Factories and machinery act 1967 (fma 1967

20

FMA 1997 vs OSHA 1994

FMA 1967 OSHA 1994 Scope Only cover OSH in the

manufacturing, mining, quarrying, works of engineering and construction Cover 24 % of the man power

Cover all economic activities & government except armed forces & seafarers Cover 90% of the man power

Approach - Prescriptive - Too d ependent on

government - Concern for inspection by

regulation authorities

- self regulation - supported by code of

practices, guidelines etc - tripartite responsibilities - worker cooperation &

participation

Objective

- focus on control of factories & machinery

- registration & inspection of machines

- less provision for health

- to safeguard, health & welfare of employees & those at the place of work for example visitors, contractors etc