Factories and Machinery Act 1967 Objectives: An Act to regulate the control of factories with respect to matters relating

to the safety, health and welfare of its employees. Administer by: Department of Occupational Safety and Health, Ministry of Human Resources, Malaysia. Meaning and Interpretations 1. Factory means any premises or part of a premises where: (a) Persons are employed in manual labour in any process for or in connection with the making, altering, repairing, ornamenting, sorting, finishing, cleaning, washing, breaking, demolishing, constructing, reconstructing, fitting, refitting, adjusting or adapting of any article and (b)The expression factory also includes the following: i. any yard or dry dock in which ships or vessels are constructed, reconstructed, repaired, refitted, finished or broken up; ii. in the business of washing or filling bottles or containers or packing articles. iii. in the business of hooking, plaiting, lapping, making-up or packing of yarn or cloth is carried on; iv. any laundry carried on as ancillary to another business or incidentally to the purposes of any public institution; v. in the construction, reconstruction, or repair of locomotives, vehicles or other plant for use for transport purposes is carried on ancillary to a transport undertaking or other industrial or commercial undertaking; vi. in printing by letter press, lithography, photogravure, or other similar process, or bookbinding is carried on by way of trade or for purposes of gain or incidentally to another business so carried on; vii. in the production of cinematograph films is carried on by way of trade or for purposes of gain; viii. in which manual labour is employed and mechanical power is used in connection with the making or repair of any article of metal or wood for purposes of gain; ix. any premises used for the storage of gas in a gas-holder having a storage capacity of not less than five thousand cubic feet; x. any premises, place or space where any building operations or works of engineering construction are carried out c. Does not include the following: i. any premises used for the purposes of housing locomotives or vehicles where only cleaning, washing, running repairs or minor adjustments are carried out; or ii. any premises where five or less persons carry on any work in which machinery is not used

2. Powers of an Inspector a. An Inspector have powers to do the following: i. To enter, inspect and examine any machinery plant, appliances or fitting by day or by night. ii. To inspect examine and copy factory records, certificates, notices and documents kept. iii. To make examination and enquiry to ascertain compliance. iv. To require any person whom he finds in a factory or its owner to give information requested. b. An Inspector who is a registered medical practitioner have powers to do the following activities: i. To take samples of any material whether solid, liquid, gaseous or vaporous being discharged in or from a factory; and ii. To declare any machinery which does not comply with this Act as defective. 3. Obligations of Employer a. To have a valid certificate of fitness for operation of any machinery b. Take measures to eliminate the risk of any persons being exposed to risk of injury from explosive, inflammable, poisonous or corrosive substances or ionising radiations. c. Not to employ any person to lift, carry or move any heavy load that could likely cause injury to the person. d. Provide suitable personal protective clothing including where necessary goggles, gloves, leggings, caps, foot-wear and protective ointment or lotion in any factory where the persons are exposed to a wet or dusty process, to noise, to heat or to any poisonous, corrosive or other injurious substance which is liable to cause injury e. Not to allow any young person to carry out work involving any machinery.

4. Provisions relating to health The following need to be provided: a. Factory to be kept in a clean state and free from offensive discharge arising from any drain, sanitary convenience or other source. b. A suitable maximum number of persons employed per cubic feet of space for the particular class of work c. An adequate ventilation by the circulation of fresh air in every part of a factory is provided d. Ensure conditions of comfort and prevention from injury e. Provide sufficient and suitable lighting f. Provide sufficient and suitable sanitary conveniences

5. Welfare of employees The following need to be provided for employees: a. b. c. d. Adequate and suitable accommodation Adequate supply of safe and wholesome drinking water Adequate, suitable and clean facilities for washing Accessibility to first-aid box or cupboard of the prescribed standard

6. Accidents and dangerous occurrence to be reported To report to the nearest inspector soonest as possible any accidents, which cause the following: a. Loss of life to any person b. Injury to any person which prevented the person from performing his duties for more than four days c. Serious damage to machinery or other property, 7. Operation of factory To submit to Chief Inspector the factory particulars within 3 months of the date of operations and any further particulars requested within 6 months Key Implications: 1. Employers under the factory category must comply with the Acts in relation to safety, health and welfare of the employees. 2. Penalties: a. Guilty of an offence in subsection 19(1); 31; 34(1) -------Fine up to RM 5000 b. Guilty of an offence in any other provisions ------- Fine up to RM 2000 c. Continuing offence ----RM100 per day