FMA 1967

1. LAWS OF MALAYSIA
ACT 139
FACTORIES AND MACHINERY
ACT 1967
Deliver by: amminatul izzah
MBBS year 4 UniSZA

2. OBJECTIVES
 Control of factories operations with respect to
safety, health and welfare of persons
 Registration and inspection of machinery

3. ARRANGEMENT
FMA 1967 divided into 6 parts:
 Part1 - Preliminary
 Part2 - Safety, health and welfare
 Part3 - Persons-in-charge and certificates of
competency
 Part4 - Notification of accidents, dangerous
occurrence and dangerous diseases
 Part5 - Notice of occupation of factory and
registration and use of machinery
 Part6 - General

4. PART I - PRELIMINARY
SECTION
1. Short title
2. Interpretation of “factory”
3. Interpretation: general
4. Appointment of officers
5. Supervision of officers
6. Officers are public servants
7. Powers of an Inspector
8. Obstruction an offence
9. Persons not to reveal secrets

5. PART II
SAFETY, HEALTH AND WELFARE
SECTION
10. Provisions relating to safety, etc.
11. Persons exposed to explosive, inflammable, etc., substances
12. Lifting of weights
13. Provisions against fire
14. Construction of machinery
15. Dangerous parts of machinery
16. Projecting material
17. Machinery for hire or sale must comply with regulations
18. Machinery manufactured or repaired must comply with regulations
19. Certificate of fitness
20. Duties of persons employed
21. Duties of occupier
22. Provisions relating to health
23. Exposure to elements
24. Personal protective clothing and appliances
25. Provisions relating to welfare

6. PART III - PERSON IN CHARGE AND
CERTIFICATES OF COMPETENCY
Section
26. Training and supervision of inexperienced
workers
27. Chief Inspector may make orders in
circumstances
28. Young persons
29. Certain machinery not to be operated without
certificated staff
30. Panel of Examiners and Board of Appeal

7. PART 1: PRELIMINARY
Definition of a factory:
a)There must be premises and its boundaries can be defined;
b)Within the premises there is manual labor doing process
c)The process must involve the making, altering, repairing,
ornamenting, finishing, cleaning, washing, breaking up
demolition or adapting for sale any article; and Part I –building
operations, hoisting machine, machinery, steam
d)The processes must be for trading.

8. PART 2: SAFETY, HEALTH AND WELFARE
Key points:
1.Premises must be structurally sound with safe
access to work areas, materials and goods must be
safely stacked (Section 10)
2.Machinery must be of sound construction and
dangerous parts must be fenced(Section 14, 15, 16)
3.Employees must not misuse safety and health
equipment(Section 20)
4.Employees not to endanger himself or other person

9. 5.Premises must be kept in clean state, with adequate work
space, ventilation, lighting and toilets (Section 22)
6.Persons must be supplied with adequate facilities for
clothing, storage, drinking, water, first aid and washing
facilities (Section 25)
7.Employees must be trained on the safety of machinery
(Section 26)

10. PART 3: PERSONS-IN-CHARGE AND
CERTIFICATES OF COMPETENCY
Key points:
•Machinery operators must be adequately trained or
under the supervision of a trained person (Section 26)
•Young persons(< 16 years)must not operate
machinery(Section 28)

11. FACTORIES AND MACHINERY ACT
1967 (FMA 1967)
Deliver by : siti hamidah binti mahbud
030480
MBBS year 4 UniSZA

12. Part 4: Notification of Accidents, Dangerous
Occurrence and Dangerous Diseases
1.The occupier must notify the nearest inspector of
accidents and diseases. Accidents include:
– Loss of life;
– Injury to a person who loses more than 4 days
work(loss time injury –LTI);
– Serious damage to machinery or other property(Section
31).
2.Inspectors may investigate accidents and dangerous
occurrence and hold enquiries into more serious cases
(Section 33)

13. Part 5: Notice of Occupation of Factory
and Registration and Use of Machinery
1.Notify Department of Occupational Safety ad Health(DOSH
) within 3 months of the intended start date (Section 34)
operation of factory
2.Building operations must be notified if last more than 6
weeks (Section 35) Building operations or works of
engineering construction

14. 3.Changes to the use of factory or machinery must be
notified to DOSH
4.Fills a standard form together with
(a) layout plan of the factory;
(b) list of products to be manufactured;
(c) list of machines to be used;
(d) list of chemicals, toxic or flammable substances to be
used
(e) detail flowchart of the processes

15. Part 6: General
1. Chief Inspector’s powers (section 49)
2. General penalty RM2,000.00.
Certain sections is RM5,000.00 (Section 51)
3. Power to modify agreements: owner may apply to the High
Court for the terms of the agreement to be set aside or
modified (section 53)
4. Medical supervision (section 57)
(a) cases of illness have occurred which he has reason to
believe may be due to the nature of the process or other
conditions of work;
(b) there may be risk of injury to the health of persons employed
in any process; or
(c) persons below the age of eighteen years are, or are about
to be, employed in work which may cause risk of injury
to health,

16. 5. Amendment of Schedule: Minister may, at any time
by order, correct any of the Schedules (section 59)

17. 15 regulation under FMA

19. 19
Malaysia: Evolution of OH Law
Occupational safety –
Boiler inspector in the 20th century
Early legislation –
Machinery safety
Factory & Machinery Act 1967
Employees’ SOCSO
Act 1969
OSHA 1994
Chemical & safety awareness
increased due to Bhopal 1984 &
bright sparkler incidence 1991
FMA Regulations
1.notifiable
industrial disease
2.lead
3.asbestos
4.noise
5.mineral dust

20. 20
FMA 1997 vs OSHA 1994
FMA 1967 OSHA 1994
Scope Only cover OSH in the
manufacturing, mining, quarrying,
works of engineering and
construction
Cover 24 % of the man power
Cover all economic activities &
government except armed forces
& seafarers
Cover 90% of the man power
Approach - Prescriptive
- Too dependent on
government
- Concern for inspection by
regulation authorities
- self regulation
- supported by code of
practices, guidelines etc
- tripartite responsibilities
- worker cooperation &
participation
Objective
- focus on control of factories
& machinery
- registration & inspection of
machines
- less provision for health
- to safeguard, health &
welfare of employees &
those at the place of work
for example visitors,
contractors etc