INTERNAL

COMBUSTION
ENGINE
FACTORIES & MACHINERY ACT
Act 139 Examinations
The examinations are :

• First grade engineer (ICE)

• Second grade engineer (ICE)
• First class engine driver (ICE)
• Second class engine driver (ICE)
Certificate of Competency

• Certificates of competency awarded to

successful candidates shall remain valid until
suspended or cancelled under the provisions of
the Act .

• Every holder of a certificate of competency shall

surrender such certificate to the Chief Inspector
for the same category of machinery.
Failure in examination
● Where any candidate fails to pass
an examination the Panel may, in its
discretion, refuse permission for
such candidate to present himself
for further examination until the
expiry of such period, not exceeding
six months, as the Panel may deem
appropriate.
Applications for Examination
■ A person applying for examination shall complete Form
A or B set out in Second Schedule & lodge it at the
office of a member of the Panel at least 28 days before
the date of examination at which he wished to appear.
■ Applications for examination shall be accompanied by
the original documentary evidence as indicated on the
appropriate form.
■ An applicant shall not be eligible for examination unless
he has produced evidence acceptable to the Panel that
he possesses the qualifications prescribed.
Applications requirements
■ An application for examination shall
produced if required by the Panel, a
medical report of physical fitness to take
charge of machinery.
■ An applicant shall not be permitted to sit for
an examination unless the prescribed fee is
paid at least fourteen days before the date
of the examination.
Qualifications for Examination of 2nd Grade Engine
Driver (Section 56,Regulation 19(3) page 44)
3. An applicant for examination as a second grade driver (internal
combustion engine) shall not be less than 19 years of age at the
date of examination and shall :
(a) have served for a period of not less than 2 years as an attendant
on ICE of not less than 40 horse power ,
(b) have served for a period of not less than 3 years as an apprentice
or journeyman fitter on ICE in an engineering workshop approved
by Panel, or
(c) have satisfactory completed a full time course in a mechanical
engineering trade at a school approved by the Panel and have had
subsequent service of not less than 12 months as an attendant on
an ICE of not less than 40 horse power.
Qualification
■ An applicant for examination as a first
grade driver (ICE) shall have been an
assistant to an engineer, dredgemaster or
driver in operational charge of an ICE of not
less than 100 horse power for a period of
not less 18 months while holding a
certificate of competency as a second
grade driver (ICE) or an equivalent
certificate of competency.
Suspension of Drivers Certificates
■ On consideration of the judgment of any
court, a Senior Inspector may suspend for a
period not exceeding 6 months the
certificate of competency shown to be guilty
of serious misconduct, and the fact of such
suspension together with the date and
nature of the misconduct shall be endorsed
on such certificate.
Serious misconduct.Suspension of Certificates Section
56(1), Regulation27, page 48

■ Serious misconduct means :

(a) sleeping while on duty, or
(b) being in a state of intoxication while on duty, or
(c) leaving machinery unattended while on duty; thus endangering its
safety, or
(d) failure to report without undue delay to the occupier, engineer any
defect in machinery which is likely to cause danger to life to
property while such machinery is under his direct control, or
(e) causing damage to machinery or injury to any person by careless
operation of machinery or by neglect of routine instructions, or by
neglect to use the safety appliance provided
Fees
■ For a first grade driver’s certificate of
competency RM15
■ For second grade driver’s certificate of
competency RM10
■ Endorsement fees, for an endorsement of a
certificate of competency (inclusive of
examination fees) RM5
 Examination Syllabus
■ Examinations for engineers shall consist of
1. Part A practical mathematical paper, and
2. Part B an engineering knowledge paper,
and
3. Part C an oral examination.
Act 139
■ FIRST SCHEDULE : Dangerous Occurrence.
■ SECOND SCHEDULE : Serious Bodily Injury.
■ THIRD SCHEDULE : Notifiable Industrial
Disease.
■ FOURTH SCHEDULE : Installation of Machinery
■ FIFTH SCHEDULE : Notification of Accidents &
Industrial Diseases.
■ SIXTH SCHEDULE : Certificate of Fitness
■ SEVENTH SCHEDULE :Notice of Regular Inspection
■ EIGHTH SCHEDULE :Notice of Prohibition
■ NINTH SCHEDULE : Result of Sample Analysis
Act 139 Part 1 - Terms
■ Article = any solids, liquid or gas or any combination
thereof, and also includes electricity.
■ Bodily injury = injury to health.
■ Certificate of competency = certificate granted by
DOSH’s Chief Inspector that the holder is duly qualified
to be in charge of machinery to which the certificate
relates.
■ Certificate of fitness = certificate granted by DOSH that
the machinery described therein has been inspected,
and at the time of inspection has satisfied the
requirements of the Act and that it may be worked or
operated.
Act 139 Part 1 - Terms
■ Chief inspector, deputy chief inspector, senior inspector,
inspector = the Chief Inspector of Factories &
Machinery, the Deputy Chief Inspector of Factories &
Machinery, senior Inspector of Factories & Machinery,
and an Inspector of Factories & Machinery appointed
under section 4.
■ Dangerous Occurrence = any occurrence in any of the
classes listed in the First Schedule.
■ Driver = a person who hold an engine driver’s certificate
of competency issued by DOSH (section 30)
Act 139 Part1 -Terms
■ Machinery = steam boilers, unfired pressure
vessels, prime movers, gas cylinders, gas
holders, hoisting machines & tackle,
transmission machinery, driven machinery, and
any equipment for casting, welding or
electro-deposition of metals & for the spraying
by means of compressed gas or air of metals or
other materials.
■ Prime Mover = every engine, motor or other
appliance which provide mechanical energy
derived from air, steam, water,
Act 139 Part 2 Safety, Health &
Welfare
■ Section 15
Dangerous part of machinery : every dangerous part of any
machinery shall be securely fenced unless it is in such a
position or of such construction as to be as safe to every
person employed or working on or entering into the premises
as it would be if securely fenced.

Provided that so far as the safety of a dangerous part of any

machinery cannot by reason of the nature of the operation be
secured by means of a fixed guard the requirements of this
section shall be deemed to have been complied with if a
device is provided which automatically prevents the operator
from coming or being brought into contact with that part.
 Act 139 Part 2
■ Section 18: Machinery manufactured or repaired must comply with
regulations.
■ Section 19 :Certificate of fitness
1. No person shall operate or cause or permit to be operated any
machinery in respect of which a certificate o fitness is prescribed,
unless there is in force in relation to the operation of the machinery
a valid certificate of fitness issued under this act.
2. In the case of any contravention of subsection (1) an Inspector shall
forthwith serve upon the person aforesaid a notice in writing
prohibiting the operation of the machinery or may render the
machinery inoperative until such time as a valid certificate of fitness
is issued.
3. Certificates of fitness issued under this Act shall be in the forms
respectively prescribed, and shall be valid subject to he Act, for
such period as may be prescribed.
 Act 139 Part 2
■ Section 20 : Duties of persons employed.
1. No person employed in any factory or in any place where any
machinery is installed shall willfully interfere with or misuse
any means, appliance, convenience or other thing provided in
pursuance of this Act for securing the safety, health or welfare
of the persons employed in the in the factory or the place
where the machinery is installed, and when any means or
appliance for securing safety, health or welfare is provided for
the use of the person under this Act, he shall make use of
such means or such appliance.
2. No person employed in any factory or in any place where any
machinery is installed shall willfully and without reasonable
cause act in any manner so as to cause or to be likely to
cause bodily injury to himself or other persons or damage to
any machinery or other property.
Act 39 Part 2
■ Section 23 : Exposure to elements
Effective provision shall be made for securing and
maintaining sufficient and suitable means to protect any
person employed from exposure to the elements, and such
means may include roof shelters and wind breaks for
protection against rain and wind respectively.
■ Section 24 : Personal protective clothing and appliances.
Where in any factory 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 bodily injury
to those persons the Minister may prescribe the provision and
maintenance for use of those persons suitable and adequate
personal protective clothing and appliances including where
necessary goggles, gloves, leggings, caps, footwear, and
protective ointment or lotion.
 Act 139 Part 3-Persons in Charge &
Certificates of Competency
■ Section 26 : Training and supervision of inexperienced
workers.
No person shall be employed at any machine or in any
process, being a machine or process liable to cause bodily
injury, unless he has been fully instructed as to the dangers
likely to arise in connection therewith and the precautions to
be observed, and
1. Has received sufficient instruction in work at the machine or
process, or
2. Is under adequate supervision by a person who has
knowledge and experience of the machine or process.
 Act 139 Part 3 Certificated Staff
■ Section 29 : Certain machinery not to be operated without
certificated staff.
1. Every occupier shall ensure the machinery which is prescribed to
be under the charge of a certified engineer, driver shall not be
operated except under the charge of such engineer, or driver as the
case may be.
2. No person shall take charge of any machinery which is prescribed
to be under the charge of a certificated engineer, or driver as the
case may be, unless :
a) He holds a certificate of competency as an engineer, or driver, or
b) He has a written authority issued by the Chief Inspector.
3. Every person holding a certificate of competency issued under
this Act shall produce and permit inspection of the same whenever
called upon to do so by an Inspector.
Act 139 Part 4 Notification of
Accident, Dangerous Occurrence &
Dangerous Disease.
■ Section 31 : Accidents and dangerous
occurrence to be reported.
■ Section 32 : Notification of industrial
diseases.
 Act 139 Part 5 Notice of Occupation of
Factory, & Registration & Use of
Machinery
■ Section 38 : Register.
1. There shall be kept in every factory a register in the
prescribed form to be called the general register and there
shall be entered in or attached to that register all such
particulars as may be prescribed.
2. The occupier of every factory shall send to an Inspector such
extracts from the general register as the Inspector may from
time to time require for the purpose of the execution of his
duties under this Act.
3. The general register and every other register or record or
certificate kept in pursuance of this Act shall be preserved
and shall be kept available for inspection by any Inspector for
at least two years or such other period as may be prescribed
for any class or description of register or record, after the
date of the last entry in the register or record.
Act 139 Part 5
■ Section 40 : Periodical inspection
■ Section 42 : Report of changes, etc
■ Section 43 : Machinery or factory no longer
in use.
■ Section 44 : Notice of sale, hire or transfer.
Act 139 Part 6 General
■ Section 47 : Criminal or civil liability
unaffected.
■ Section 48 : Fees.
■ Section 49 : Chief Inspector’s powers.
■ Section 50 : Offences.
■ Section 51 : Penalties.
■ Section 53 : Power to compound.
■ Section 54 : Power to modify agreements.
Act 139
■ Section 59 : Amendment of Schedule.
The Minister may, at any time
by order, amend any of the
Schedules.
Act 139 FIRST SCHEDULE
Dangerous Occurrence
1. Bursting of a revolving vessel, wheel,
grindstone or grinding wheel moved by
mechanical power.
2. Collapse or failure of a crane, derrick,
winch, hoist, piling frame or other appliance
used in raising or lowering persons or
goods, any part thereof (except breakage of
chain or rope slings), or the overturning of a
crane.
Act 139 FIRST SCHEDULE
Dangerous Occurrence
3. Explosion or fire or failure of structure
affecting the safety or strength of any room
or place in which persons are employed, or
to any machinery or plant contained
therein.
4. Explosion or failure of structure affecting
the safety or strength of a steam boiler or of
an unfired pressure vessel, the loss of
boiler water, the melting of a fusible plug
and the bursting of a tube.
Act 139 SECOND SCHEDULE
Serious Bodily Injury
1. Emasculation (hilang upaya)
2. Permanent privation of the sight of either eye
3. Permanent privation of the hearing of either ear
4. Privation of any member of joint
5. Destruction or permanent impairing of the powers of any
member or joint
6. Permanent disfiguration of the head or face
7. Fracture or dislocation of a bone
8. Any hurt which endangers life, or which causes the sufferer
to be, during the space of twenty days, in severe bodily pain,
or unable to follow the ordinary pursuits.
Act 139 THIRD SCHEDULE
Notifiable Industrial Diseases
1. Dust disease of the lungs
2. Systematic intoxication by any of the following
metals or their compounds, lead, mercury,
manganese, phosphorous, antimony, chromium,
nickel, beryllium.
3. Intoxication resulting from the use of solvents
as benzene and other aromatic hydrocarbons,
carbon disulphide, chlorinated hydrocarbons,
and petroleum and its deravatives.
THIRD SCHEDULE
Notifiable Industrial Disease
4. Pulmonary irritation resulting from inhalation of
nitrogen oxides, sulfur oxides, chlorine,
phosgene, ammonia, etc.
5. Intoxication resulting from handling of
insecticides, or herbicides, or fungicides as
organic phosphate compounds, nitrogenous,
and chlorinated compounds.
6. Conditions of occupational dermatosis resulting
from handling of mineral oils, acids, alkalis,
dusts, and other irritants.
THIRD SCHEDULE
Notifiable Industrial Disease
7. Occupational infectious as anthrax, glanders,
and leptospirosis, tuberculosis, leprosy.
8. Malignant disease resulting from handling or
inhalation or contact with carcinogenic tars, or
radioactive dusts.
9. Eye conditions resulting from physical trauma
as heat cataract, radiation cataract and from
irritants.
10.Toxic jaundice resulting from nitro or amino
derivatives of benzene or other substances.
THIRD SCHEDULE
Notifiable Industrial Disease
11.Subcutaneous or acute bursitis of knee or wrist
or hand resulting from manual labor causing
severe or prolonged friction or pressure.
12.Conditions resulting from severe heat exposure
such as heat cramps or heat stroke.
13.Hearing loss due to excessive exposure to
industrial noise or high sound pressure level.
14.Conditions resulting from exposure to ionizing
and non ionizing radiation.
15.Decompression sickness (caisson disease)
and conditions resulting from working under
water.
Certificate of Fitness
■ Machinery require CF :
1. The owner of every steam boiler, unfired
pressure vessel or hoisting machine shall hold a
valid CF so long as such machinery remains in
service.
2. The period of validity of every CF shall ordinary
be 15 calendar months from the date of
inspection or such longer period not exceeding
3 years as the Chief Inspector in his discretion
may consider appropriate.
Certificate of Fitness
3. Where the components of any combination
of unfired pressure vessel, hoisting
machine are so interconnected that it would
be reasonably to issue CF for each
component the Chief Inspector may direct
that the CF be issued to cover the
combination of components.
Inspection
1. An initial inspection of every factory or
machinery shall be conducted by an
inspector.
2. After an initial inspection, every factory
and every machinery shall be inspected at
regular intervals by an Inspector so long as
such factory remains in operation or such
machinery remains in use.
Inspection
3. The regular interval shall ordinarily be 15
months subject to such extension not exceeding
36 months in any particular case as may be
authorized by the Chief Inspector in his
discretion, and the regular inspection shall
ordinarily be carried out during the 15 months
following the month in which the last inspection
was made or where the interval has been
extended by the Chief Inspector during the
month following the expiry of the extended
interval.
Inspection
4. An Inspector may reduce the interval between inspections of
any factory or machinery at the request of the occupier or the
owner or where in the opinion of the Inspector the rate of
deterioration of the factory or machinery or the nature of work
carried on in the factory is such that a shorter interval
between inspections is necessary or in the case o machinery
requiring a CF, he is not able to issue a CF in respect thereof
for ordinary period of validity.
5. An Inspector shall give reasonable notice to an occupier or
owner of his intention to take a regular inspection on Form A
in the Seventh Schedule.
Inspection
Preparation for Regular Inspection
■ In respect of any machinery, that arrangements have
been made, so far as practicable, to operate an driven
machinery under maximum load to have all safety
devices in proper working order.
■ In respect of factory premises that arrangements have
been made, so far as practicable, to have premises
clean and tidy, and have in readiness all such means
and appliances for safe access, as requested by an
Inspector, as to facilitate good and proper inspection in
accordance with the provisions of the Act.
Inspection
Persons to be present at inspection
■ Any occupier, owner, engineer,
dredgemaster or driver who is required by
any notice of a regular or a supplementary
inspection to be present at such inspection
shall be present thereat and an occupier or
owner shall advise and instruct his
engineer, dredgemaster or driver, as the
case may be, to attend such inspection
where so required by any notice of
inspection.
Operational condition & limitation
after inspection.
1. After inspection of any factory or machinery, an
Inspector may, in his discretion, issue a notice in writing
in respect of the factory or machinery specifying such
operational conditions and limitations as he may deem
appropriate except that in the case of a machinery
requiring a certificate of fitness such operational
condition & limitation shall be endorsed in the certificate
thereof.
2. The conditions & limitations may include the operation of
machinery at a reduced maximum working pressure or
at a reduced maximum speed or at a reduced maximum
applied load.
Operational condition & limitation
after inspection.
3.Machinery in respect of which a notice described
in paragraph 1 has been issued shall be
operated strictly in accordance with the
conditions & limitations specified in such notice
or by such endorsement.
4. An inspector shall notify the Chief Inspector of
all machinery in respect of which notices as
described in paragraph 1 have been issued or
certificates of fitness have been endorsed.
Machinery or factory not complying
with regulations.
■ Where the Inspector is of the opinion that such factory or
machinery does not comply with any of the provisions of the
Act or any regulations made thereunder, he shall issue to the
occupier or owner a notice as Form A in the Eight Schedule
to these regulations requiring him to make good or remove
any defect or otherwise cause the factory or machinery to
comply with such requirements of the Act or any regulations
made thereunder within such period as he shall specify
therein:
■ Provided that where the defect is, in his opinion, likely to
cause immediate danger to life or property he shall issue to
the owner or occupier a notice to cease operation forthwith as
Form A in the Eight Schedule to these regulations.
Machinery Operated Without
Certificate
■ Where an Inspector finds that there is no
current CF in respect of any machinery for
which a CF is prescribed, he shall give a
notice prohibiting the use of such
machinery to the owner. Such notice shall
be in Form B in the Eight Schedule to these
regulations.
Inspection Fees for ICE
■ Fees shall be charged as follows for an inspection
of an ICE where the horse power of such engine
is :
1. Under 10 HP RM10
2. 10HP and above but under 50HP RM25
3. 50HP and above but under 100HP RM40
4. 100HP and above but under 500HP RM55
5. 500HP and above RM70
Payment of fees shall be made within 30days
from the date of inspection.
Person in charge
■ Where the greatest HP of any ICE in any one
installation is not grater than 100HP, a 1st or 2nd
grade driver shall be in charge during each shift,
and
■ Where there is more than one ICE in the
installation, the driver in charge shall be
assisted during each shift by such other 1st or
2nd grade drivers as shall ensure that, including
the driver in charge, there are not more than two
engines to each driver.
Person in charge
■ Where the greatest HP of any one ICE in any
one installation is greater than 100HP but not
greater than 500HP, a 1st grade driver shall be in
charge during each shift, and where there is
more than one ICE in the installation, the driver
in charge shall be assisted during each shift by
such other 1st or 2nd grade drivers as shall
ensure that, including the driver in charge, there
are not more than two engines to each driver.
Person in charge
■ Where the greatest HP of any one ICE in any
one installation is greater than 500 but not
greater than 1000HP, a first grade driver shall
be in charge during each shift and where there
is more than one ICE in the installation, the
driver in charge shall be assisted during each
shift by such other first grade drivers as shall
ensure that, including the driver in charge there
are not more than two engines to each driver. in
addition, the owner shall employ a first grade
visiting engineer.
Person in charge
■ Where the greatest HP of any one ICE in any
one installation is greater than 1000HP but does
not exceed 1500HP, a first or second grade
engineer shall be in charge, and he shall be
assisted during each shift by a first grade driver
and where is more than one ICE in the
installation such other first grade drivers shall be
employed sufficient to ensure that there are not
more than two engines to each driver during
each shift.
Person in charge
■ Where the greatest HP of any one ICE is
greater than 1500HP, a first grade engineer
shall be in charge and shall be assisted
during each shift by a first grade driver and
where there is more than one ICE in the
installation, such other first grade drivers
shall be employed sufficient to ensure that
there are not more than two engines to
each driver during each shift.
Person in charge
■ Notwithstanding the provisions of this regulation
where in any installation the aggregate HP of a
number of ICEs is greater than 1500HP but not
greater than 2000HP, a first or second grade
visiting engineer shall be employed; and where
the aggregate HP is greater than 2000HP but
not greater than 2500HP, a first grade visiting
engineer shall be employed, and where the
aggregate HP is greater than 2500HP but not
greater than 3000HP, a second grade engineer
shall be in charge, and where the aggregate HP
is greater than 3000HP, a first grade engineer
shall be in charge.
 Person in charge-Exemption
■ A driver shall not be required in respect of
an ICE :
1. Installed in a hoisting machine.
2. Of not more than 40HP.
3. Inspiring fuel by means of a carburetor.
Nos. of Horse Power Person in Charge
Machine
1 <100 1st or 2nd grade driver
>1 <100 1st or 2nd grade driver assisted
by 1st or 2nd grade driver for
each shift.
1 100 to <500 1st grade driver
>1 100 to < 500 1st grade driver assisted by 1st
or 2nd grade driver for each
shift.
1 500 to <1000 1st grade driver
>1 500 to < 1st grade driver assisted by 1st
1000 grade driver for each shift.
Nos. of Horse Power Person In Charge
Machine
1 1000 to <1500 1st or 2nd grade engineer.
>1 1000 to <1500 1st or 2nd grade engineer assisted by 1st
grade drivers for each shift.
1 1500 to <2000 1st grade engineer
>1 1500 to <2000 1st grade engineer assisted by 1st grade
drivers for each shift.
integrated 1500 to <2000 1st or 2nd grade visiting engineer shall be
employed.
Integrated 2000 to <2500 1st grade visiting engineer shall be
employed.
Integrated 2500 to <3000 2nd grade engineer shall be in charge.
integrated > 3000 1st grade engineer shall be in charge.
Change of shift (page 211)
■ A driver or other person in charge of machinery due to
proceed off duty at the end of his shift shall not leave
such machinery in operation unless and until a relieving
driver or other person, as the case may be, has taken
over from shift.
■ A driver or other person in charge of machinery shall
not, except in the case of emergency, leave his post
during his shift unless and until he has been relieved by
another driver or other person.
Training
■ As 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 10 days thereafter is
under the supervision and in the immediate
company of any operator with not less than 6
months experience of the operation of such
machinery.
HSE Coverage
1. Confined spaces
2. Respiratory protective device
3. Dangerous liquids
4. Ignition
5. Explosive dust
6. Hot pipes
7. Stacking of materials
8. Fire fighting appliances
9. Ventilation
10.Permissible Explosive Limit etc.
Working at Height
■ Where any person is required to work at a
place from which he will be liable to fall a
distance of more than 10 feet, means he
shall be provided to ensure his safety and
such means shall where practicable include
the use of safety belts or ropes.
COMPOUNDABLE
OFFENCES
■ The Chief Inspector or Deputy Chief
Inspector may compound offences
involving any contravention of sections 20,
21, 22(1)(a),(b),(c),(d),(e), and (f), 23, 25,
27, 29, 31, 34, 35, 36, 38, 40 (3) and (4)
and 42 of the Act.
■ Section 20 : Duties of persons employed.
No person employed in any factory or in any place
where any machinery is installed shall willfully interfere
with or misuse any means, appliance, convenience or
other thing provided in pursuance of this Act for securing
the safety, health or welfare of the persons employed in
the factory or the place where the machinery is installed;
and when any means or appliance for securing safety,
health or welfare is provided for the use of the person
under this Act, he shall make use of such means or such
appliance.
■ Section 21 : Duties of Occupier.
The occupier at all times maintain all safety appliance and
machinery.
Section 22 : Provision relating to health.
22(1)(a) : every factory shall be kept in a clean state and free
from offensive effluvia arising from any drain, sanitary
convenience or other source and shall be cleaned at such
times and by such methods as may be prescribed and these
methods may include lime-washing or color washing,
painting, varnishing, disinfecting or deodorizing.
22(1)(b) : the number of persons employed
shall be such that the amount of cubic feet
of space allowed in the workroom for each
person are not less than the amount of
cubic feet of space prescribed for the
particular class of work carried on in the
work room.
22(1)(c)(i) : effective and suitable provision
shall be made for securing and maintaining
adequate ventilation by the circulation of
fresh air in every part of the factory and for
rendering harmless, all gases, fumes, dust
and other impurities that may be injurious to
health arising in the course of any process
or work carried on in a factory.
22(1)(d)(i) : effective and suitable provision
shall be made for securing and maintaining
such temperature as will ensure to any
person employed in a factory reasonable
conditions of comfort and prevention from
bodily injury.
22(1)(e)(i) : effective provision shall be made
for securing and maintaining sufficient and
suitable lighting, whether natural or
artificial, in every part of a factory in which
persons are working or passing.
22(1)(f) : sufficient and suitable sanitary
conveniences as may be prescribed, shall
be provided and maintained for the use of
persons in a factory.
22(2)(a) : whenever it appears to an
Inspector that any process in any factory is
likely to affect adversely the health of any
person employed therein or the public he
shall report the circumstances in writing to
the Chief Inspector who may thereupon
carry out such investigation as he may
consider necessary.
22(2)(b) : where the Chief Inspector is
satisfied : (i) that such a process is likely to
affect adversely the health of any person
employed in the factory or the public; and
(ii) that the process can be modified or
means provided to reduce the possibility of
injury to the health of such person or the
public as aforesaid.
22(2)(c) : any person aggrieved by an order
made under paragraph (b) may within 21
days of the receipt thereof appeal to the
Minister who shall make such order thereon
as he deems fit.
22(2)(d) : where the Chief Inspector is satisfied :
(i) that such a process is likely to affect
adversely the health of any person employed in
the factory or the public ; and
(ii) that the process cannot be modified or means
provided to reduce possibility of injury to the
health of such person or the public as aforesaid,
he shall report the circumstances in writing to the
Minister.
22(2)(e) : the Minister may upon receipt of the
report either : (i) make such regulations
controlling or prohibiting the use of the process
as he may consider reasonable; or (ii) after
considering any representations made by any
person likely to be affected thereby by writing
under his hand prohibit the carrying out of the
process either absolutely or conditionally or the
use of any material or substance in connection
therewith.
Section 22(3) : an Inspector may require any
person employed in any factory in which
any of the diseases named in the Third
Schedule has occurred, or is likely to occur,
to be medically examined.
Section 23 : Exposure to elements;
Effective provision shall be made for securing
and maintaining sufficient and suitable
means to protect any person employed
from exposure to the elements, and such
means may include roof shelters and wind
breaks for protection against rain and wind
respectvely.
 Section 25 : provision relating to welfare ;
(1) In respect of any factory, the following
provisions relating to welfare of persons
shall apply : (a) (i) adequate and suitable
accommodation for clothing not worn during
working hours ; and
(ii) Such arrangements as are reasonably
practicable for drying that clothing.
 Section 27 : Chief Inspector may make
orders in circumstances :
(1) For the safety and health of employees.
(2) Aware of exposure to danger.
(3) Written notice from the Chief Inspector
posted in the vicinity where every
employees could access to read of the
orders.
Section 29 : certain machinery not to be operated
without certificated staff.
Section 31 : accidents and dangerous occurrence to
be reported.
(a) Causes loss of life to any person ;
(b) Causes of bodily injury to any person so that the
person is prevented from following his normal
occupation for more than four days, or
(c) Causes serious damage to machinery or other
property.
Section 34 : operation of factory.
Section 35 : building operations or works of
engineering construction.
Section 36 : installation of machinery.
Section 38 : register.
Section 40 : periodical inspection.
Section 38(1) : there shall be kept in every factory
a register in the prescribed form to be called the
general register and there shall be entered in or
attached to that register all such particulars as
may be prescribed.
(2) The occupier of every factory shall send to an
Inspector such extracts from the general register
as the Inspector may from time to time require
for the purpose of the execution of his duties
under this Act.
Section 38(2) : the general register and every
other register or record or certificate kept in
pursuance of this Act shall be preserved
and shall be kept available for inspection by
any Inspector for at least two years or such
other period as may be prescribed for any
class or description of register or record ,
after the date of the last entry in the register
or record.
Section 40 (1) : all machinery and factories shall
be inspected by an inspector or such other
person as may be approved in writing by the
Minister, at such periods and in such manner as
may be prescribed.
(2) Every occupier of a factory shall afford to an
Inspector all reasonable facilities for inspection
and all information as may reasonably be
required in connection therewith.
(3) Every engineer in charge of any achinery and
every occupier of a factory, shall as soon as he
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, and if the engineer or occupier
is 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 and
forthwith make a report thereon to an Inspector.
(4) If in the opinion of an Inspector the use of any part of the
ways of the works in a factory , or machinery, whether a
certificate of fitness is or is not prescribed in respect of the
machinery, is likely to cause bodily injury to any person or
damage to any property , he shall by notice in writing served
on the occupier or where this is not practicable, posted at the
premises where the machinery to which it relates in shall
therein specify and in every such case that part of the ways
or works in that factory shall not be used or the machinery
shall not be operated after the expiry of that period unless the
defect has been made good or removed to the satisfactory of
the Inspector expressed in writing.
Provided that if the Inspector is of the opinion that
the defect is likely to cause immediate danger to
life or property, he shall by notice served or
posted as aforesaid forthwith prohibit the
operation and use of the said machinery until
the defect is made good or removed to the
satisfaction of the Inspector expressed in
writing.
And provided further that the Inspector may in
such case render the machinery inoperative by
any means he may deem best suited for the
purpose.
FMD (electric passenger & goods lift)
■ Section 3 : electric passenger & lifts’ modification & alteration.
■ Section 7 : lifts’ design & contract load.
■ Section 10 : lift well (piping, conduct, other parts not forming
lift) installation.
■ Section 14 : lift car (platform, roof, enclosure, gate, frame)
construction.
■ Section 16 : lift emergency hatches (safety gears)
construction.
■ Section 19 : lift (general) ; glass, emergency signal, lighting
socket.
■ Section 20: lift counterweight ( the guides,
renewable guide shoes, etc.)
■ Section 21 : lift counterweight guides.
■ Section 22 : lift safety gear (sustaining &
stopping the lift).
■ Section 23 : lift governors.
■ Section 25 : lift clearances & overtravels.
■ Section 27 : lift suspension ropes.
■ Section 29 : lift clearances (car) &
counterweights.
■ Section 31 : duties of the owner.
Fencing
■ Section 3 : guard & guard rail.
■ Section 7 : opening in fence.
■ Section 10 : starting & stopping appliances for
machinery.
■ Section 14 : exhaust gases from ICE (shall be
led to a position of safety in the open air).
1. Every exhaust pipe shall be covered with heat
insulating material for personnel safety.
2. Exhaust of ICE shall be silenced.
■ Section 16 : transmission machinery;
1. Shaft of 6 feet height shall be guarded.
2. Shaft installed under work benches shall be fitted with a
metal trough along the complete length of, and covering the
top and both side of, the shafting and extending at least 2
inches below the bottom of the shafting.
3. Every trench for the purpose of housing any transmission
machinery shall be; provided with close fitting covers or guard
rails. No person shall enter any trench or pit containing
transmission machinery while such machinery is in motion.
 4. Every friction drive shall be fenced and every arm or spoke
friction drive or web friction drive with holes in the web shall
be entirely enclosed with guards.
5. Every clutch within a height of six feet six inches from any
floor or working platform shall be fenced.
5. Every manually operated clutch shall be arranged that the
clutch is operable from a position wholly outside the fencing.
6. Every exposed gear train within the height of 6.5 feet from
any floor or working platform shall be guarded :
# with a complete enclosure.
# band guard cover.
7. Every sprocket & chain drive within a height of
6.5 feet from any floor or working platform shall
be fenced by :
# a guard or
# a surrounding guard rail.
8. The portion of any pulley within a height of 6.5
feet height from any floor or working platform
shall be fenced as part of the belt or rope drive .
■ Section 19 : lubrication of transmission
machinery.
# No person shall lubricate , adjust or apply
dressing to any transmission machinery in
motion unless the act of applying the lubricant,
adjusting or applying the dressing can be
performed from a position outside the fencing.
# no transmission machinery which is safe by
reason of its position shall be lubricated by hand
while in motion.
■ Regulation 20 : power cut off device. In every
part of factory where work is carried on, efficient
devices or appliances shall be provided and
maintained by which the power can promptly be
cut-off from the transmission machinery located
in the part of factory.
■ Section 21 : every overhead structure, crane,
block, sling and other appliance for lifting a load
shall be of sound construction and in every way
suitable for the purpose.
THANK YOU
Q&A