DMCD 2512: Occupational Safety & Health Week 03: Safety Legislation

DMCD 2512
O C C U PAT IONAL SAF ET Y & H EALT H

W EEK 0 3 : SAF ET Y L EG ISL AT ION
( FA C TORY & M A C H IN ERY A C T 1 9 6 7 )
DMCD 2512 | OCCUPATIONAL SAFETY & HEALTH | MOHAMED HAFIZ BIN MD ISA 1
LEARNING OUTCOME
At the end of this lecture, students will be able to:
i. Explain at least 3 main provision from each Factory & Machinery Act 1967.
ii. Analyze case studies in the perspective of the Factory & Machinery Act 1967.
FMA1967: Background
Gazette in 1967.
Latest amendment in 2006.
Regulations under this Act:
1. 8 Safety Regulations.
2. 4 Health Regulations.
3. 1 Administration Regulation.
4. Compounding Regulation Revoked.
Focus regulations under FMA 1967: Factories & Machinery (Safety, Health & Welfare)
Regulations 1970.
FMA1967: Background
Scope of Implementation:
Health - cleanliness, workspace, ventilation, foods and beverages, temperature,
lighting, sanitary and conveniences.
Welfare - clothing room, washing facility, water supply, first aid, personal protective
clothing and appliances, seating facility.
FMA1967: Application
All workplace defined as “factory” by the Act.
Except:
 Factory or machinery operated by Armed Forcers; and
 Machinery which is subject to the Merchant Shipping Ordinance (1952- peninsular
& 1960- Sabah and Sarawak).
 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.
FMA1967: Content
SIX (6) PARTS OF FMA 1967
1. Preliminary.
2. Safety, Health and Welfare.
3. Persons in Charge and Certificates of Competency.
4. Notification of Accidents, Dangerous Occurrences and Dangerous Diseases.
5. Notice of Occupation of Factory, and Registration and Use of Machinery.
6. General.
FMA 1967: Part I: Preliminary
Section 01: Short Title
 This Act may be cited as the Factories and Machinery Act, 1967
Section 02: Interpretation of Factory
 Any premises where persons are employed in manual labor in any process of making,
altering, repairing, ornamenting, sorting, finishing, cleaning, washing, breaking,
demolishing, constructing, fitting, adjusting of any article; and
 The said work is carrier on by way of trade for the purpose of gain.
Section 03: Interpretation of Premises
Includes any building, place or floating structure.
Section 03: Interpretation of Article
Means any solid, liquid, or gas or any combination thereof and include electricity.
Section 04: Appointment of Officers
Chief Inspector.
Deputy Chief Inspector.
Senior Inspector.
Inspector.
Appointment of Licensed Person
Section 05: Supervision of Officers
All officers under supervision of Chief Inspector.
Section 06: Officers are Public Servants
All officers and license persons are public servant within the meaning of Penal Code.
Section 07: Powers of an Inspector
To enter, inspect and examine by day or night any factory;
Entry into premises with search warrant and the power of seizure; and
Entry into premises without a search warrant and the power of seizure.
Section 07D: Appointment, Powers and Duties of a Licensed Person
Minister shall have power to grant license.
Minister may make order to prescribe the qualification, power and function.
Section 08: Obstruction an Offence
Refuses to allow or willfully delays or obstructs an inspector.
Fail to comply lawful order.
Willfully without any information.
Section 09: Persons not to reveal secrets
Not to reveal any commercial or manufacturing secret (confidentiality of information).
FMA 1967: Part II: Safety, Health &
Welfare
Section 10: Provisions relating to safety etc.
Section 11: Persons expose to explosives, flammables and other substances.
Section 12: Lifting of weights.
Section 13: Provisions against fire.
Section 14: Construction of machinery.
Section 15: Dangerous parts of machinery.
Section 16: Projection material.
Section 17: Machinery for hire or sale must comply with regulations.
Welfare
Section 18: Machinery manufactured or repaired must comply with regulations.
Section 19: Certificate of fitness.
Section 20: Duties of persons employed (employee).
Section 21: Duties of occupier.
Section 22: Provisions relating to health.
Every factory shall be kept in a clean state and free from an unpleasant or harmful odor
(effluvia), arising from any drain, sanitary or other sources
◦ Work-space.
◦ Ventilation.
◦ Working temperature.
◦ Lighting.
◦ Sanitary conveniences.
Welfare
Section 23: Exposure to elements.
Section 24: Personal protective clothing and appliances.
Section 25: Provisions relating to welfare.
FMA 1967: Part III: Person in Charged &
Certificate of Competency
Section 26: Training and Supervision.
 Inexperienced workers shall receive adequate instruction, training and machinery.
Section 27: Chief inspector may make orders in circumstances.
Section 28: Young persons.
 Less than 16 years old.
Section 29: Certain machinery may not be operated without competent staff.
 Steam boiler, internal combustion engine and dredge.
Section 30: Panel of Examiners and Board of Appeal.
FMA 1967: Part IV: Notification of Accident,
Dangerous Occurrence & Dangerous Diseases
Section 31: Accidents and dangerous occurrences to be reported.
Section 32: Notification of industrial diseases.
Section 33: Investigation and enquiries.
FMA 1967: Part V: Notice of Occupation of
Factory, & Registration & Use of Machinery
Section 34: Operation of factory.
Section 35: Building operations or works of engineering construction.
Section 36: Installation of machinery etc.
Section 37: Application for registration.
Section 39: Moving or alteration of or addition to machinery to be approved.
Section 40: Periodical inspections.
Section 41: Questions for decision by an Inspector and appeals from such decision.
FMA 1967: Part V: Notice of Occupation of
Factory, & Registration & Use of Machinery
Section 42: Report of changes etc.
Section 43: Machinery of factory no longer in use.
Section 44: Notice of sale, hire or transfer.
Section 45: Copy of report of enquiry may be supplied.
Section 46: Powers of the Chief Inspector and Senior Inspectors at enquiries.
FMA 1967: Part VI: General
Section 47: Criminal and civil liability not affected.
Section 48: Fees.
Section 49: Chief Inspector’s powers.
Section 50: Offences.
Section 51: Penalties.
Any person who contravenes Sect.31, 41(1), 36(1), 38(1) and 39(1) be liable to be fine
RM100,000 or 2 years imprisonment or both.
Operate machinery without valid certificate of fitness liable to be fine not exceeding RM15,000
or 3 years imprisonment or both.
Any person who contravenes any other provisions of the Act or Regulation made under the Act
be liable to a fens RM50,000 or 1-year imprisonment or both.
For continuing offence RM2,000 each day.
Fail to comply with the notices under Sect39 or 40(4) be liable to fine RM250,000 or 5 years
imprisonment or both. RM2,000 for continuing offence.
Section 52A: Power to compound.
Chief inspector, Deputy Chief inspector and Senior Inspector can compound not exceeding
50% of the penalties.
Section 53: Power to modify agreements.
Section 54: Power to apportion expenses.
Section 55: Exemption.
Section 56: Regulations.
Section 57: Medical supervision.
Section 58: Repeal.
Section 59: Amendment of schedule.
FMA 1967: Regulations
Factories and Machinery (Certificates of Competency-Examination) Regulations.
Factories and Machinery (Electric Passenger and Goods Lift) Regulations 1970.
Factories and Machinery (Fencing of Machinery and Safety) Regulations 1970.
Factories and Machinery (Notification, Certificate of Fitness and Inspection)
Regulations 1970.
FMA 1967: Regulations
Factories and Machinery (Persons-in-Charge) Regulations 1970.
Factories and Machinery (Safety, Health and Welfare) Regulations 1970.
Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) Regulations
1970.
Factories and Machinery (Administration) Regulations 1970.
Factories and Machinery (Factories and Machinery (Compounding of Offences)
(Revocation)(Rules) Regulations 2010.
Factories and Machinery (Lead) Regulations 1984.
Factories and Machinery (Asbestos Process) Regulations 1986 .
Factories and Machinery (Building Operations and Works of Engineering Construction)
Regulations 1986 .
Factories and Machinery (Noise Exposure) Regulations 1989.
Factories and Machinery (Mineral Dust) Regulations 1989.
Welfare – Refer to Regulations (Health)
Cleanliness
Every factory should be kept in a clean state and free from unpleasant smell arising
from any drain, sanitary or other sources.
Thrash and waste materials should be removed everyday.
Factory floor should be cleaned at least once a week.
Slippery surfaces (e.g. floor) should be avoided.
Employer should paint or varnish any surface, which is required to be painted or
varnished at least once in 7-year duration.
Any dusts, rats, inserts, bugs, etc. should be eliminated.
Wasted liquid substance should be drained properly.
Workspace
 400 cubic feet of workspace should be provided for each worker.
And, the height of workspace is at least 10 feet from the floor, except there is no
presentation of full-time worker (only machinery) at the working area.
Ventilation
The factory should be provided with adequate ventilation for circulation of fresh air
and rendering harmless (poisonous gasses, fumes, dust, etc.).
Foods and Beverages
Employer should explain employee on the restriction of eating and drinking in
hazardous working areas (poisonous gases, dust, fumes).
 Proper cafeteria should be provided by the employer for safe foods and beverages.
Temperature
Effective and suitable provision should be made for securing and maintaining such temperature
as will ensure workers’ comfort and prevention bodily injury.
Suitable cooling facilities should be provided if a worker exposed to machine/equipment that
producing heat.
If the factory is exposed to sunlight directly, the building should be painted with white color to
reduce heat.
Lighting
In every part of factory in which workers are working or passing, effective provision shall be
made for securing and maintaining enough and suitable lighting, whether natural and artificial.
Proper system should be installed for the maximum lighting in the workplace.
Additional lighting should be provided in case the illumination in the workplace is insufficient.
Emergency lighting (stairs, pathways, exits) should be provided for a factory that has 50
workers at a time.
Sanitary conveniences (Toilet)
Sufficient and suitable sanitary conveniences should be provided and maintained for the use of
workers in a factory.
Proper lighting and ventilation system should be provided in the toilet.
The toilet should be separated with respect to gender.
Conditions to determine the number of toilet in a factory:
Male Number Female Number
< 25 1 toilet and 4’ urine tab < 20 1 toilet
25 to 50 2 toilets and 8’ urine tab > 20 1 toilet for additional 20 people
50 to 100 3 toilets and 13’ urine tab
> 100 1 toilet and 4’ urine tab for
additional 50 people
Welfare – Refer to Regulations (Welfare)
Clotting.
Adequate supply of safe and wholesome drinking water.
Facilities for washing.
First-aid box. But when Workers > 150 suitable first-aid room is required.
FMA highlights general guidelines about welfare - the facilities should be provided by
employers.
The facilities include clothing room, washroom, first aid kit, rest room, seating facilities
and personal protective clothing (PPE), canteen, prayer room (Muslim), sports, clinic,
hostel and laundry service.
Clothing Room
The employers should provide accommodation for clothing not worn (e.g. locker)
during working hours to all workers.
 The locker should not be exposed to any pollution, infective diseases, or radioactive
materials.
 For a factory that has more than 15 female workers at a time, a rest room should be
provided.
Washing facility
The employers should provide a washroom (hand and face).
 A shower should be provided if workers exposed to chemical materials, acids, or
other hazardous materials.
 A wash basin should be provided for at least 20 workers at a time.
Clean Water Supply
The employers should provide clean, safe and healthy water to their workers.
The water should be supplied through pipe or water sources that approved by
authorized body.
Washing Facility
 Should be provided and containing complete materials.
 Clearly labeled with red cross on white background.
 The key is kept by the responsible person that can be contacted if needed.
 The responsible person should be trained, and she/he should be announced on the
notice board for information to all workers.
Personal Protective Clothing & Appliances
Suitable and adequate personal protective clothing and appliances or Personal
Protective Equipment (PPE) should be provided for workers who exposed to a wet or
dusty process, noise, heat and poisonous, corrosive or other injurious substance.
Example of PPE: goggles, gloves, leggings, caps, safety shoes, safety helmets,
earmuff/ earplug, etc.
Seating Facility
 Suitable and adequate seating facility should be provided for workers concerning to
their job scope.
The seated workstation should adjustable, and footrest should be provided (if
necessary) to reduce fatigue.
THANK YOU
mohamedhafiz@utem.edu.my | 011-1579 7932

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O C C U PAT IONAL SAF ET Y & H EALT H

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