FACTORIES AND MACHINERY ACT 1967

(ACT 139)

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 COURSE OBJECTIVES
To explain the six parts of FMA 1967;
To explain the various safety, Health & Welfare
duties of employer under FMA;
To describe Person in Charge & Certificate of
Competency;
To explain how to register a factory and approval
of machinery;
To Notify and report accident, etc;
Latest amended Penalty;
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 SCOPE
Application
Duties of employer
General provisions of safety, health and welfare
Person in charge/Certificate of competency
Reporting of accidents
Registration of new factory/machines
Latest amended penalty
Group exercise

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 FACTORIES AND MACHINERY ACT 1967

ARRANGEMENT

PART 1: PRELIMINARY
PART 2: SAFETY, HEALTH AND WELFARE
PART 3: PERSONS IN CHARGE AND CERTIFICATES
OF COMPETENCY
PART 4: NOTIFICATION OF ACCIDENT, DANGEROUS
OCCURRENCE AND DANGEROUS DISEASES
PART 5: NOTICE OF OCCUPATION OF FACTORY AND
REGISTRATION AND USE OF MACHINERY
PART 6: GENERAL

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 EXAMPLE OF AN INCONSISTENCY
BETWEEN THE TWO LAWS (FMA/OSHA)
OCCUPATIONAL SAFETY AND HEALTH ACT

32. (1) AN EMPLOYER SHALL NOTIFY THE

NEAREST DOSH OF ANY ACCIDENT,
DANGEROUS OCCURRENCE, OCCUPATIONAL
POISONING OR OCCUPATIONAL DISEASE
WHICH HAS OCCURRED OR IS LIKELY TO OCCUR
AT THE PLACE OF WORK

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 FACTORIES AND MACHINERY ACT
SECTION 31

CASES TO BE REPORTED
PROPERTY DAMAGE, ETC.

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 PURPOSE OF THE ACT
TO PROVIDE FOR THE CONTROL OF FACTORIES RELATING TO:

SAFETY
HEALTH
WELFARE

- REGISTRATION AND INSPECTION OF MACHINERY

FMD (Factories and Machinery Division) IS THEREFORE

RESPONSIBLE FOR THE SAFETY AND HEALTH OF WORKERS IN
INDUSTRIES.

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 SCOPE
COVERS FOUR (4) INDUSTRIES:

MANUFACTURING
CONSTRUCTION
MINING
QUARRY

TOTAL WORKFORCE 2 OVER MILLION

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 POWERS OF AN
INSPECTOR (SEC. 7)

ENTRY / INSPECTION
FACTORY RECORDS, CERTIFICATES, ETC
COMPLIANCE OF ACT
INFORMATION
TAKING SAMPLES
RENDER MACHINERY INOPERATIVE

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 DEFINITION
FACTORY
MEANS:
ANY PREMISES WHERE PERSONS ARE EMPLOYED IN
MAKING, ALTERING, REPAIRING ETC, BY WAY OF
TRADE FOR THE PURPOSE OF GAIN;

ANY PREMISES, PLACE OR SPACE WHERE ANY

BUILDING OPERATIONS OR WORKS OF
ENGINEERING CONSTRUCTION (BOWEC) ARE
CARRIED OUT;
LESS THAN 5 WORKERS EMPLOYED IN MANUAL LABOUR ----
NOT A "FACTORY"
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 DEFINITION
BUILDING OPERATION
Means the construction, structural alteration,
repair or maintenance of a building (
including re-painting, re-decoration and
external cleaning of the structure ), the
demolition of a building, and the preparation
for and the laying of the foundation of an
intended building, but does not include any
operation which is the work of engineering
construction within the meaning of this Act.
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 DEFINITION
WORK OF ENGINEERING CONSTRUCTION

Means the construction of any railway line

and the construction, structural alteration or
repair or the demolition of any dock,
harbour, inland navigation, tunnel, bridge,
viaduct, waterworks or gas holder and shall
include such other works as may be specified
by the Minister by order.

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Sec. 35 Notification of Building Operations or
Works of Engineering Construction

( 1 ) Every person who undertakes any building

operations or works of engineering
construction shall not later than seven days
from the commencement of those operations
serve on the Inspector written notice in the
prescribed form.
( 2 ) Subsection ( 1 ) shall not apply to:
(a) building operations or work of engineering
construction (BOWEC Reg.)
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 Cont.

. The carrying out of which does not involve the

use of machinery and which the person undertaking
then has grounds for believing will be completed in a
period of less than six weeks; and

(b) a person undertaking any operations (sub-

contractors) in a place in which building ops or work
Engg. Construction are being carried out in respect of
which notice has been given under subsection ( 1 ).
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 DEFINITION
"MACHINERY"
INCLUDES:
STEAM BOILERS
UPV (Unfired Pressure Vessel)
HOISTING MACHINERY Crane, Lift, etc
OTHER MACHINERY

DOES NOT INCLUDE:

MACHINERY - MANUAL
MACHINERY - PRIVATE & DOMESTIC USE
OFFICE MACHINERY
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 CERTIFICATE OF COMPETENCY

Means:
A certificate granted under this Act by the
Chief Inspector certifying that the holder is
duly qualified to be in charge of machinery
to which the certificate of competency
relates.

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 CERTIFICATE OF FITNESS

Means:
A certificate granted under this Act
certifying that the machinery described
therein has been inspected, and at the time
of the inspection has satisfied the
requirements of this Act and that it may be
worked or operated.

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 BODILY INJURY

Means:

Includes injury to health

refer for more details in Schedule 2 FMA
1967.

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 MAINTAIN

Means:

Maintain in an efficient state,

in efficient working order and in
good repair.

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 FACTORIES AND MACHINERY ACT, 1967

PART 2: SAFETY, HEALTH AND WELFARE

SAFE PREMISES
MACHINERY - SOUND CONSTRUCTION, GUARDING
EMPLOYEES MUST NOT MISUSE SAFETY AND HEALTH
EQUIPMENT
PREMISES - WORK SPACE, VENTILATION, LIGHTING
WELFARE FACILITIES - CLOTHING STORAGE,
DRINKING WATER, FIRST AID AND WASHING
FACILITIES
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 SAFE PLANT (SEC. 10)
FOUNDATION & FLOOR STRUCTURALLY SOUND
ROOF STRONG, TO CARRY SUSPENDED LOAD
FLOORS, WORKING LEVELS, PLATFORMS, LADDERS,
STAIRWAYS - SAFE & SOUND CONST. PREVENT
COLLAPSE.
SAFE ACCESS TO WORK PLACE; HOUSEKEEPING O.K?
EVERY OPENING, PIT IN A FLOOR OR WORKING
LEVEL SECURELY COVERED TO PREVENT RISK OF
FALLING.
STORAGE & STACKING, STABLE & PREVENT
COLLAPSE
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 SEC. 19
CERTIFICATE OF FITNESS

Sec. 19 ( 1 )

- No person shall operate or cause or permit

to be operated any machinery in respect of
which a certificate of fitness is prescribed
unless a valid certificate of fitness issued
under this Act.

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 SEC. 19
CERTIFICATE OF FITNESS

Cont
Sec. 19 ( 2 )
- Any contravention of subsection ( 1 ), an
Inspector shall serve a notice in writing
prohibiting (NOP) the operation of the
machinery or may render the machinery
inoperative until such time as a valid
certificate of fitness is issued.
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 SECTION 19

BOILERS
UNFIRED PRESSURE VESSELS
HOISTING MACHINE
LIFTS REQUIRE

C.F
(Certificate of Fitness)

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 Sec. 12
Lifting of Weight

No person shall be employed

to lift, carry or move any load
so heavy as to be likely to
cause bodily injury to him.

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 Sec. 13
Provisions against fire

Without prejudice to any law, there shall

be taken such precautions against fire,
and there shall be provided and
maintained such means of escape in
case of fire other than means of exit in
ordinary use, and such means of
extinguishing fire as may be prescribed.
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 Sec. 14
Construction of Machinery
All machinery and every part thereof
including all fittings and attachments
shall be of sound construction and sound
material free from defect and suitable
for the purpose and shall be properly
maintained.

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Sec. 25 ( 1 ) - A Compoundable
offence
Welfare - First Aid Box

An adequate supply of safe and wholesome

drinking water; and
Adequate and suitable facilities for washing
which shall be kept in a clean condition; and
Provided and maintained a first aid box; and
If more than 150 workers at any one time, a
suitable first aid room shall be provided.
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 FACTORIES AND MACHINERY ACT, 1967
PART 3: PERSONS IN CHARGE AND CERTIFICATES OF
COMPETENCY

MACHINERY OPERATORS MUST BE ADEQUATELY

TRAINED OR UNDER SUPERVISION

SOME OPERATORS REQUIRE A CERTIFICATE OF'

COMPETENCY

YOUNG PERSONS (LESS THAN 16 YEARS) MUST NOT

OPERATE MACHINERY
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 TRAINING OF
WORKERS (SEC.26)
NOT ALLOWED TO WORK AT ANY MACHINE OR IN ANY
PROCESS, UNLESS FULLY INSTRUCTED AS TO THE DANGERS AND
PRECAUTIONS TO BE OBSERVED, AND:

a) RECEIVED SUFFICIENT INSTRUCTION IN WORK AT THE

MACHINE OR PROCESS

OR,

b) UNDER ADEQUATE SUPERVISION BY A PERSON WHO HAS

KNOWLEDGE AND EXPRIENCE OF THE MACHINE OR PROCESS

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 REG. 20(1)
(Persons-In-Charge) Reg. 1970
An owner or occupier shall not require or
permit any person to operate or to work on
any machinery unless such person has had a
course of instruction in the working of
machinery and for a period of not less than
ten days there after under the supervision of
an operator with not less than 6 months
experience

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 YOUNG PERSON (SEC 28)
NOT COMPLETED 16th YEAR OF AGE.

NO YOUNG PERSON SHALL CARRY OUT WORK

INVOLVING THE MANAGEMENT OF OR
ATTENDANCE ON OR PROXITING TO, ANY
MACHINERY.

DUTY OF THE OWNER/OCCUPIER TO ENSURE

ABOVE.
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 FACTORIES AND MACHINERY ACT, 1967

PART 4:
NOTIFICATION OF ACCIDENT, DANGEROUS
OCCURRENCE AND DANGEROUS DISEASES

NOTIFICATION OF ACCIDENTS AND

DANGEROUS OCCURRENCES

INSPECTORS (DOSH OFFICER) MAY

INVESTIGATE AND HOLD ENQUIRIES
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 REPORTING OF ACCIDENT
SECTION 31 ( FMA )
Whenever any accident either:
Loss of life;
Causes bodily injury more than 3 days excluding the
day of the accident;
Causes serious damage to machinery, or other
property or any dangerous occurrence takes place in
a factory;
Shall report by the quickest means available.
NADOOPOD latest regulation 2004 will explain
later (OSHA Reg.)
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 FACTORIES AND MACHINERY ACT,1967

PART 5:
NOTICE OF OCCUPATION OF FACTORY, AND REGISTRATION AND USE
OF MACHINERY

NOTIFY CHIEF INSPECTOR BEFORE OCCUPYING A FACTORY PREMISES

NOTIFY CHIEF INSPECTOR OF BUILDING OPERATIONS LASTING MORE

THAN 6 WEEKS

CHANGES OF USE IN A FACTORY OR MACHINERY MUST BE NOTIFIED

MACHINERY MUST BE REGISTERED

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 Part 5 Moving or Alteration of or Addition to
Machinery to be approved Sec. 39
No person shall move, alter or add to or cause to be
moved, altered or added to, any machinery which is
installed for use if the effectiveness of any fencing or
any safety appliance is affected by the moving,
alteration or addition, unless he has received in
writing the approval of the Inspector

Submit details of the ( design, etc )proposed moving,

alteration or addition and name/address of person
carrying out above activities.
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 Part 5 Periodical Inspections
Sec. 40
(1) All machinery and factories ( Building Operation Work and
Engineering Construction) shall be inspected by an Inspector.
(2) Occupier shall afford to an Inspector all reasonable
facilities for inspection and all information as may be
reasonable.
(3) If Occupier becomes aware of any defect therein which is
likely to cause bodily injury to any person or damage to any
property, make good or remove the said defect if unable to
make good or remove the said defect he shall cease to
operate such machinery or use such part or parts of the
factory ( BOWEC ) and forthwith make a report to an
inspector.

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 Cont. Sec. 40 ( 4 )

Notice of Improvement (NOI)

- time-frame given

Notice of Prohibition (NOP)

- stop immediately
- seal affixed ( last resort )

Can appeal within 21 days

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 Part 5 Sec. 43

Machinery or factory no longer in use

It shall be the duty of any occupier who

ceases to use any premises as a factory or
any machinery to notify an Inspector of
the cessation within 30 days.

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 Part 5 Sec. 44
Notice of sale, hire or transfer.
Any owner who shall sell, hire out or transfer
permanently or temporarily to any person any
machinery for which a certificate of fitness has been
used issued shall within 10 days of the sale, hiring
out or transfer, give notice in writing to an
Inspector.

If you resell again, within 10 days notify in writing to

an Inspector.
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INSTALLATION OF MACHINERY(SEC.36)

NO PERSON SHALL INSTALL OR

CAUSE TO BE INSTALLED ANY
MACHINERY EXCEPT WITH THE
WRITTEN APPROVAL OF THE
INSPECTOR.
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 OPERATION OF
FACTORY (SEC.34(II)(a)
NO PERSON SHALL BEGIN TO USE
ANY PREMISES AS A FACTORY
UNTIL ONE MONTH AFTER HE
HAS SERVED ON THE INSPECTOR
A WRITTEN NOTICE IN THE
PRESCRIBED FORM.
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 FACTORIES AND MACHINERY ACT 1967

PROVISION ON MAINTENANCE

SEC. 14: CONSTRUCTION OF MACHINERY

ALL MACHINERY AND EVERY PART THEREFORE
SHALL BE OF SOUND CONSTRUCTION AND
SOUND MATERIAL FREE FROM DEFECT AND
SUITABLE FOR THE PURPOSE AND SHALL BE
PROPERLY MAINTAINED
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 FACTORIES AND MACHINERY ACT 1967

SEC.21: DUTIES OF OCCUPIER

-THE OCCUPIER SHALL AT ALL TIMES MAINTAIN
ALL SAFETY APPLIANCES AND MACHINERY

DEFINATION OF MAINTAIN
- MEANS MAINTAIN IN AN EFFICIENT STATE , IN
EFFICIENT WORKING ORDER AND IN GOOD
REPAIR
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 SECTION 15

EVERY DANGEROUS PART OF

ANY MACHINERY SHALL BE
SECURELY FENCED UNLESS IT IS
SAFE BY
ITS POSITIONS
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 EMPLOYEE (SEC.20(1)&(II)
FMA

NO PERSON SHALL WILFULLY INTERFERE WITH OR

MISUSE ANY MEANS, APPLIANCE, CONVENIENCE OR
OTHER THING PROVIDED FOR SECURING THE SAFETY,
HEALTH OR WELFARE OF THE PERSONS EMPLOYED
THERE IN

WHERE ANY MACHINERY IS INSTALLED NO PERSON

SHALL WILFULLY AND WITHOUT REASONABLE
CAUSE ACT IN ANY MANNER SO AS TO CAUSE
BODILY INJURY TO HIMSELF OR OTHER PERSONS OR
DAMAGE TO ANY MACHINERY OR OTHER PROPERTY

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 INJURIOUS TO HEALTH
SEC. 22(l)(c)
GASES
FUMES
DUST
OTHER IMPURITIES
L.E.V (Local Exhaust Ventilation)
CICULATION OF CLEAN AIR

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 HEAT STRESS [SEC.22(1)(d)]
MEANS SHALL BE PROVIDED TO COOL AIR OR
TO CREATE ADEQUATE AIR MOVEMENT OR
BOTH

WHY?
TO REDUCE THE BODY TEMP. COMFORTABLE

HEAT REFLECTING MATERIAL

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 FACTORIES AND MACHINERY ACT 1967

PART 6: GENERAL

OFFENCES AGAINST THE ACT

PENALTIES FOR OFFENCES
LATEST AMENDED PENALTIES

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 OLD PENALTIES
RM5,000.00 -
SECTION
19(1),31,34(1),36(1),37,38(1),39(1),40(3)

RM2,000.00 - OTHER CONTRAVENTION

RM1,000.00 - CONTINUING OFFENCE
AFTER CONVICTION
(Daily/Part of a day)
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 AMENDED PENALTIES 2007
SECTION 51
Section 51 ( 1 )
Any person who contravenes Section 31, subsections 34 ( 1 ),
36 ( 1 ), 38 ( 1 ), and 39 (1 ).
-RM 100,000 or 2 years jail or both.

Sec. 51 ( 2 )
Any person who contravenes any other provision of this Act
or any regulation made under this Act, no penalty is
expressly provided.
-RM 50,000 or 1 year Jail or both.

Sec. 51 ( 3 ) Continue offence : RM 2,000.

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 AMENDED PENALTIES 2007
SECTION 51
Section 51 ( 4 )
Any person who without reasonable excuse
fails to comply with any written notice or
notice issued under subsection 39 ( 3 ) or 40 (
4 ) shall be guilty of an offence and shall on
conviction be liable to fine not exceeding
RM 250,000 or 5 years jail or both.

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 FACTORIES AND MACHINERY ACT 1967

SCHEDULES

SCHEDULES 1 : DANGEROUS OCCURRANCES THAT

MUST BE NOTIFIED

SCHEDULES 2 : SERIOUS BODILY INJURIES THAT

MUST BE NOTIFIED

SCHEDULES 3 : NOTIFIABLE INDUSTRIAL DISEASES

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 GROUP EXERCISE
- 4 OR 5 GROUP -
DOSH Officers carried out spot check. The officers found out that your
jobsite is not registered. Also noticed that your activities like crane
operations, scaffold erection, machinery requiring certificate of fitness
(CF), etc did not comply with DOSH legal requirements. Also a serious fall
accident had taken place.

Discuss the process for jobsite registration using prescribed forms, etc and
for reporting the above accident.

What are the steps you will take to prevent accidents at your jobsite?

What are those activities at your site that require Professional Engineer
approval under BOWEC reg.

What are those activities that require designated person BOWEC Reg.

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