The Factories and Machinery Act 1967 (FMA 1967)

The Factories and Machinery Act 1967 (Act 139) is a pivotal Malaysian legislation aimed at regulating the safety, health, and welfare of workers, particularly in industrial settings. Enforced by the Department of Occupational Safety and Health (DOSH), this Act addresses the safe operation of factories and machinery while ensuring compliance with standards to reduce workplace hazards.

Background and Purpose

The Factories and Machinery Act 1967 came into force on 1 February 1970. The legislation was created to ensure a safe working environment in industries, reduce accidents, and improve overall workplace health. It has undergone various amendments to keep pace with advancements in industrial operations and machinery technologies. The most recent comprehensive revision was in 1974.

Key Components of the Act

The Act is organized into multiple parts, each addressing specific aspects of workplace safety and machinery operations:

1. Part I: Preliminary - Defines key terms, including "factory" and "machinery”, and details the appointment and powers of enforcement officers.
2. Part II: Safety, Health, and Welfare - Focuses on workplace safety measures, welfare provisions, and health standards. Addresses fire prevention, hazardous material handling, and provision of essential facilities.
3. Part III: Registration and Inspection - Mandates the registration of factories and machinery. Establishes a framework for routine and special inspections by authorities.
4. Part IV: Competent Persons and Certification - Requires individuals operating certain machinery to obtain competency certificates from approved bodies.
5. Part V: Accident Notification and Investigation - Obligates employers to report workplace accidents and incidents. Provides guidelines for conducting investigations to determine causes and recommend improvements.
6. Part VI: General Provision - Outlines penalties for non-compliance and gives authorities power to introduce additional regulations.

Regulations under the Act

Several specific regulations have been introduced under the FMA 1967 to enhance workplace safety:

1. Factories and Machinery (Noise Exposure) (Revocation) Regulations 2019 - Revokes the previous regulations related to noise exposure and replaces them with updated standards.
2. Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) (Amendment) Regulations 2017 - Updates the regulations for the design, installation, and operation of steam boilers and pressure vessels.
3. Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) Regulations 1970: Fourth Schedule - Inspecting Authorities (Amendment) 2014 - Updates the list of authorized bodies to inspect steam boilers and pressure vessels.
4. Factories and Machinery (Persons-In-Charge) (Amendment) Regulations 2014 - Specifies the qualifications and responsibilities of persons in charge of factories and machinery.
5. Factories and Machinery (Special Inspection Scheme) (Risk-Based Inspection) Regulations 2014 - Introduces a risk-based inspection scheme for more efficient inspection processes.
6. Factories and Machinery (Noise Exposure) Regulations 1989 - Set maximum noise exposure limits in workplaces to protect workers’ hearing.
7. Factories and Machinery (Mineral Dust) Regulations 1989 - Regulates the management of mineral dust to protect workers from related health risks.
8. Factories and Machinery (Asbestos Process) Regulations 1986 - Provides guidelines for handling asbestos to prevent diseases such as asbestosis.
9. Factories and Machinery (Building Operations and Works of Engineering Construction) (Safety) Regulations 1986 - Focuses on safety standards at construction and engineering work sites.
10. Factories and Machinery (Lead) Regulations 1984 - Regulates the use of lead to prevent poisoning risks among workers.
11. Factories and Machinery (Compoundable Offences) Regulations 1978 - Provides mechanisms for compounding offenses under the Factories and Machinery Act.
12. Factories and Machinery (Offences that May Be Compounded) Regulations 1978 - Lists the types of offenses eligible for compound fines.
13. Factories and Machinery (Certificate of Competency - Examination) Regulations 1970 - Provides the process for examinations to obtain competency certification for machinery operators.
14. Factories and Machinery (Administration) Regulations 1970 - Outlines administrative procedures to ensure smooth implementation of the Act.
15. Factories and Machinery (Notification, Certificate of Fitness, and Inspection) Regulations 1970?? - Manages the requirements for registration, notification, and inspection of factories and machinery.
16. Factories and Machinery (Electric Passenger and Goods Lift) Regulations 1970 -? Regulates the installation and maintenance of lifts to ensure user safety.
17. Factories and Machinery (Fencing of Machinery and Safety) Regulations 1970 - Mandates the installation of safety fencing around machinery to prevent accidents.
18. Factories and Machinery (Safety, Health, and Welfare) Regulations 1970 - Outlines measures for the safety, health, and welfare of workers in the workplace.
19. Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) Regulations 1970 - Controls the design and use of steam boilers and pressure vessels.
20. Factories and Machinery (Persons-In-Charge) Regulations 1970 - Specifies the duties of individuals responsible for the operation of factories and machinery.

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Role of DOSH (Department of Occupational Safety and Health)

DOSH serves as the enforcement body for the FMA 1967. Its responsibilities include:

1. Conducting Inspections - Ensures compliance with the Act through periodic inspections of factories and machinery.
2. Issuing Certifications - Provides competency certificates to individuals qualified to operate specified machinery.
3. Accident Investigations - Investigates reported workplace incidents to determine causes and implement corrective measures.

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Penalties for Non-Compliance

Non-compliance with the provisions of the FMA 1967 can result in substantial penalties, including fines and imprisonment, depending on the severity of the violation. Employers are advised to strictly adhere to the regulations to ensure workplace safety and avoid legal consequences.

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Conclusion

The Factories and Machinery Act 1967 is a cornerstone of workplace safety in Malaysia. By providing clear guidelines and enforceable standards, it aims to create safer industrial environments and protect the welfare of workers. Compliance with the Act not only fulfills legal obligations but also fosters a culture of safety and productivity in the workplace.