FMA 1967 & The Regulations

ACT 139

THE ACT (1/2)

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

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

OBJECTIVES

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

Registration & inspection of machinery

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 & construction

No detail provisions on specific matters – detail provision are stipulated under the regulations.

Arrangement

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 FactoryPremises & its boundariesWithin 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 4: NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE &

DANGEROUS DISEASE The occupier must notify the nearest

Inspector of accidents & 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 OF FACTORY & 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 RM 2000 Certain sections with penalty RM5000

(S.51)

REGULATIONS

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

FMA (Electrical Passenger & 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 (Administration) Regulations, 1970 FMA (Compounding of Offences) Rules, 1978 FMA (Compoundable Offences) Regulations,

1978 FMA (Lead) Regulations, 1986

REGULATIONS

FMA (Asbestos Process) Regulations 1986

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 67 VS OSHA 94ACT FMA 1967 OSHA 1994

Known as Act 139 Act 514

Application PrescriptiveToo dependent on government

Self regulation Responsibilities to employer and employeesConsultation

Scope Only factories & machinery Occupational (as per Schedule 1)

Exception On board shipsArmed Forces

On board of ships

Armed Forces

Ministry Human Resource Human Resource

Department/Enforcement Factory & Machinery Department DOSH

Training & Research - NIOSH

Regulations 11 Safety

4 Health

2 Amendments (2004/05)

9 Policy/SHO/Chemicals

Guidelines - 49 (till end 2011)

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)