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FACTORIES AND MACHINERY ACT

1967 (FMA 1967)

OBJECTIVES

List the 6 Parts of the FMA1967

Explain at least 3 main provisions in the FMA


1967

Analyse case studies in the perspective of


the FMA 1967 legislations
2

SCOPE

Background of FMA 1967

Contents

Six (6) Parts of the FMA 1967

Conclusion

Group activity

FACTORIES AND
MACHINERY ACT 1967
BACKGROUND

Enacted as Act 64 in the year 1967

Revised on 1st April 1974 w.e.f. 1st July


1974 and became Act 139

gazette on 1st February 1970

Amend 2nd time on 2006 w.e.f. 1st January


2007 and cited as Factories and Machinery
(amendment) Act 2006
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FACTORIES AND
MACHINERY ACT 1967

Control of the factory with the aim to


protect the safety, health and welfare of
the people inside

Registration and inspection of machinery


and related items

CONTENTS
SIX (6) PARTS OF FMA 1967

Part I: Preliminary
Part II: Safety, Health and Welfare
Part III: Persons in Charge and Certificates of Competency
Part IV: Notification of Accidents, Dangerous Occurrences
and Dangerous Diseases
Part V: Notice of Occupation of Factory, and Registration
and Use of Machinery
Part VI: General

CONTENTS
THE THREE (3) SCHEDULES

FIRST SCHEDULE:
Dangerous Occurrence

SECOND SCHEDULE:
Serious Bodily Injury

THIRD SCHEDULE:
Notifiable Industrial Diseases
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PART I: PRELIMINARY

Short title

Interpretation of factory

Interpretation general

Appointment of officers
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PART I: PRELIMINARY

Supervision of officers

Officers are public servants

Powers of an inspector

Obstruction an offence

Persons not to reveal secrets

PART I: PRELIMINARY
This part
-

provides the definition for terms used in the Act and Regulations

stipulates the provision for the appointment of officers, supervision of


appointed officers by the Chief Inspector, officers are public servant,
power of an inspector to enter, inspect and examine, investigate and
examine records and documents of a factory.

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PART I: PRELIMINARY
-

stipulates the provision against any person obstructing


the duties of and inspector shall be guilty of an offence
fine max RM200,000 or imprisonment for max 5 yrs or
both.

Persons not to reveal any manufacturing or commercial


secrets fine max RM100,000 or imprisonment max 2 yrs
or both.

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PART II:
SAFETY, HEALTH & WELFARE

Provisions relating to safety etc

Persons exposure to explosives, flammables


and other substances

Lifting of weights

Provisions against fire

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PART II:
SAFETY, HEALTH & WELFARE

Construction of machinery

Dangerous parts of machinery

Projection material

Machinery for hire or sale must comply


with regulations
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PART II:
SAFETY, HEALTH & WELFARE

Machinery manufactured or repaired must


comply with regulations

Certificate of fitness

Duties of persons employed


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PART II:
SAFETY, HEALTH & WELFARE

Duties of occupier

Provisions relating to health

Exposure to elements

Personal protective clothing and appliances

Provisions relating to welfare

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PART II:
SAFETY, HEALTH & WELFARE

Provision relating to safety, etc.

stipulates provision on workplaces such as conditions of floors, ladders,


storage of substances, ventilation, sufficient lighting as well as provision
of equipment for fire prevention and their effective maintenance,
certificate of fitness.

Provision relating to health

stipulates the provision pertaining to factory hygiene, working space for


workers, adequate ventilation and lighting,

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PART II:
SAFETY, HEALTH & WELFARE
comfortable temperature levels and sufficient and suitable sanitary
conveniences.

also stipulates

methods of enforcement by the Chief Inspector

Power of Minister to formulate Regulations as deemed necessary

Provision relating to welfare

stipulates the provisions such as adequate and suitable facilities for


storage of clothing,

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PART II:
SAFETY, HEALTH & WELFARE
drying of clothing, supply of clean drinking water, washing
facilities and first-aid box

Stipulates the power of the Minister to make regulation as


deemed necessary.

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PART III: PERSONS IN CHARGE AND


CERTIFICATES OF COMPETENCY

Training and supervision of inexperienced


workers

Chief inspector may make orders in


circumstances

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PART III: PERSONS IN CHARGE AND


CERTIFICATES OF COMPETENCY

Young persons

Certain machinery may not be operated


without competent staff

Panel of Examiners and Board of Appeal


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PART III: PERSONS IN CHARGE


AND CERTIFICATES OF
COMPETENCY

This part

- stipulates the provision of person in charge of handling certain


machinery (such as steam boilers), provision for training and
supervision of inexperienced workers, workers under the age of 16
and powers of the Chief Inspector to issue instruction/orders to
ensure safety and health of workers while handling machinery or
processes.

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PART III: PERSONS IN CHARGE


AND CERTIFICATES OF
COMPETENCY
- Provides the procedures for examinations for obtaining
competencies and the appeal process for any person
dissatisfied with the decision by the Board of Appeal.

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PART IV: NOTIFICATION OF ACCIDENT,


DANGEROUS OCCURRENCE AND
DANGEROUS DISEASES

Accidents and dangerous occurrences to be


reported

Notification of industrial diseases

Investigation and enquiries


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PART IV: NOTIFICATION OF ACCIDENT,


DANGEROUS OCCURRENCE AND
DANGEROUS DISEASES

This part consists of three (3) provisions

Accident and dangerous occurrences to be reported

Notification of industrial diseases

Investigation and enquiries

In short, it stipulates the types of accident and dangerous


occurrences that should be reported by an occupier, in the quickest
means available, to the

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PART IV: NOTIFICATION OF ACCIDENT,


DANGEROUS OCCURRENCE AND DANGEROUS
DISEASES
nearest Inspector. These include accidents which:

Caused loss of life to any person

Causes bodily injury to any person preventing him from


performing his normal tasks for more than 4 days, or

Causes serious damage to machinery or other property


(e.g. fire)

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PART IV: NOTIFICATION OF ACCIDENT,


DANGEROUS OCCURRENCE AND DANGEROUS
DISEASES

Under this provision, any industrial disease, as listed in the Third


Schedule, such as lung disease and hearing loss, must be reported to
the Chief Inspector by any registered medical practitioner.

This part also stipulates the investigation and enquiry procedures that
must be followed by an Inspector in relation to handling accident,
dangerous occurrence/industrial diseases

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PART V: NOTICE OF OCCUPATION OF


FACTORY, AND REGISTRATION AND USE
OF MACHINERY

Operation of factory

Building operations or works of engineering


construction

Installation of machinery etc

Application for registration

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PART V: NOTICE OF OCCUPATION OF


FACTORY, AND REGISTRATION AND USE
OF MACHINERY

Register

Moving or alteration of or addition to


machinery to be approved

Periodical inspections

Questions for decision by an Inspector and


appeals from such decision
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PART V: NOTICE OF OCCUPATION OF


FACTORY, AND REGISTRATION AND
USE OF MACHINERY

Report of changes etc

Machinery of factory no longer in use

Notice of sale, hire or transfer

Copy of report of enquiry may be supplied

Powers of the Chief Inspector and Senior


Inspectors at enquiries
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PART V: NOTICE OF OCCUPATION OF


FACTORY, AND REGISTRATION AND
USE OF MACHINERY

This part stipulates the administrative requirements


(the requirements an occupier needs to exercise in
order to comply to as listed above) to conform to the
provision of the Act.

It also stipulates the powers awarded to the Chief


Inspector and Senior Inspector during enquires
equivalent to powers of a First Class Magistrate.

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PART VI: GENERAL

Criminal and civil liability not affected

Fees

Chief Inspectors powers

Offences
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PART VI: GENERAL

Penalties

Power to compound

Power to modify agreements

Power to apportion expenses

Exemptions
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PART VI: GENERAL

Regulations

Medical supervision

Repeal

Amendment of schedule
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PART VI: GENERAL

This part stipulates the provisions related to offences against the


provision of the Act, Penalty:

RM 100,000 or 2 yrs imprisonment or both for contravenes sections 31, subsection 34(1), 36(1), 38(1) and 39(1)

RM 50,000 0r 1 yr imprisonment or both where no penalty is expressly


provided

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PART VI: GENERAL


fees for inspection or any requirement of the Act,
exemptions, power of the Minister, power of the High
Court to modify agreements between the owner and the
occupier and power to apportion expenses if any
alterations of factory building, Minister may make
regulations, medical supervision.

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CONCLUSION

Control of factories with the aim to protect


the Safety, Health and Welfare of persons
inside

Registration and inspection of machinery


and related items

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Group Work

Describe the provisions of the Act that are affected


from the amendments made in the Factories and
Machinery (Amendment) Act, 2006.

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