FACTORIES AND

MACHINERY ACT 1967

(ACT 139)
&
REGULATIONS

FACTORIES AND MACHINERY ACT 1967

In the year 1967, the Factory and Machinery Act was
approved by the Parliament of Malaysia.
In 1970, the Factory and Machinery Act and eight
regulations under the act were enforced.
This act was legislated to overcome the weaknesses in
the Machinery Ordinance 1953,
They were not protected if they are working in a
workplace that doesnt use machinery.

OBJECTIVES

Control of factories operations with respect to safety,

health and welfare of persons.
Registration & inspection of machinery

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

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.

ACT STRUCTURE

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 Factory
Premises

& its boundaries

Within 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

FM (Certificate of Competency Examination)

Regulations 1970 (Revised 1988)
FM (Electrical Passenger & Goods Lifts)
Regulations 1970
FM (Fencing of Machinery & Safety) Regulations
1970 (Revised 1988)
FM (Notification, Certificate of Fitness &
Inspection) Regulations, 1970
FM (Person-in-Charge) Regulations, 1970
(Revised 1988)

REGULATIONS

FM (Safety, Health & Welfare) Regulations,

1970
FM (Steam Boilers & Unfired Pressure Vessels)
Regulations, 1970
FM (Administration) Regulations, 1970
FM (Compounding of Offences) Rules, 1978
FM (Compoundable Offences) Regulations,
1978
FM (Lead) Regulations, 1986

REGULATIONS
FM (Asbestos Process) Regulations 1986
FM (Building Operations & Works of
Engineering Construction) (Safety)
Regulations, 1989
FM (Noise Exposure) Regulations, 1989

REGULATIONS
FM (Mineral Dust) Regulations 1989
FM (Notification, Certificate of Fitness &
Inspection) (Amendment) Regulations
2004
FM (Steam Boilers & Unfired Pressure
Vessels) (Amendment) Regulations 2005

FMA 1967 VS OSHA 1994

ACT

FMA 1967

OSHA 1994

Known as

Act 139

Act 514

Scope

Only factories & machinery

Only cover OSH in the manufacturing,
mining, quarrying, works of engineering
and construction except armed forced and
seafarers (on board ships)
Cover 24% of the man power

Objective

Focus on control of factories & machinery

Registration & inspection of machines
Less provision for health

To

Approach

Prescriptive
Too dependent on government
Concern for inspection by regulation
authorities

Self regulation
Supported by code of practices,
guidelines, etc.
Responsibilities to employer and
employees
Worker cooperation & participation
Consultation

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)

Occupational (as per Schedule 1)

Cover all economic activities &
government except armed forced and
seafarers (on board ships)
Cover 90% of the man power
safeguard, health & welfare of
employees & those at the place of work for
example visitors, contractor, etc.