2. THE ACT (1/2)
Provide control of factories related to
safety, health & welfare of persons at
work, and any matters related to
registration & inspection of machinery
Specify dangerous occurrence, types of
serious bodily injury & industrial diseases.
Specify powers of Inspectors, obstruction
and offences
3. THE ACT (2/2)
Specify requirement for machinery – steam
boilers, unfired pressure vessels, gas cylinders,
transmission machinery, hoisting machines &
etc.
Specify duties of persons employed and
occupier, person in charge & certificate of
competency.
Instruct al machinery to have written approval,
valid certificate of fitness & periodically
inspection by Inspector
4. OBJECTIVES
Control of factories operations with
respect to safety, health and welfare of
persons.
Registration & inspection of machinery
5. APPLICATION
OSHA 1994 supersedes the FMA 1967 in the
event of any conflict
FMA 1967 applies to mainly factories &
construction sites
FMA & OSHA – enabling act (give power to
minister to gazette detail regulations)
Contain some general provision on safety,
health and welfare.
FMA – limited to manufacturing industry, mining,
quarrying & construction
No detail provisions on specific matters – detail
provision are stipulated under the regulations.
6. Arrangement
Part 1 – Preliminary
Part 2 – Safety, health and welfare
Part 3 – Persons-in-charge & certificates of
competency
Part 4 – Notification of accidents, dangerous
occurrence & dangerous diseases
Part 5 – Notice of occupation of factory &
registration & use of machinery
Part 6 - General
7. PART 1 - PRELIMINARY
Definition of Factory
Premises & its boundaries
Within the premises there is manual labor
doing process of making, altering, repairing
ornamenting, finishing, cleaning, washing,
breaking, demolishing, constructing, fitting,
adjusting.
The process must be for trading any business
8. PART 2 – SAFETY, HEALTH &
WELFARE
Key points:
Premises must be designed with safe access
to work areas, material & goods must be
safely stacked (S.10)
Machinery must be properly constructed &
dangerous parts must be fenced (S.14,15,16)
Employees must not misuse safety & health
equipment (S.20)
Employees must not to endanger himself or
other person
9. PART 2 – SAFETY, HEALTH &
WELFARE
Premises must be kept clean with
adequate space, ventilation, lighting &
toilets (S.22)
Persons must be supplied with adequate
facilities for clothing, storage, drinking,
water, first aid & washing facilities (S.25)
Employees must be trained on safety of
machinery (S.26)
10. PART 3: PERSONS-IN-CHARGE &
CERTIFICATES OF COMPETENCY
Machinery operators must be adequately
trained or under the supervision of a
trained person (S.26)
Young persons (<16) must not operate
machinery (S.28)
11. PART 4: NOTIFICATION OF ACCIDENTS,
DANGEROUS OCCURRENCE &
DANGEROUS DISEASE
The occupier must notify the nearest
Inspector of accidents & diseases include:
Loss of life
Injury to a person who loses more than 4 days
work loss injury time – LTI)
Serious damage to machinery or other
property (S.31)
Inspectors may investigate accidents &
dangerous occurrence & hold inquiries on
more serious cases (S.33)
12. PART 5: NOTICE OF OCCUPATION OF
FACTORY & REGISTRATION & USE OF
MACHINERY
Notify DOSH within 3 months of the intended
start date (S.34)
Building operations must be notified if last more
than 6 weeks (S.35)
Changes to the use of factory or machinery must
be notified to DOSH
Fills standard form with (a) layout plan of factory,
(b) list of manufactured products, (c) list of
machines to be used, (d) list of chemicals, toxic
or flammable substance, (e) detail flow chart of
work process
13. PART 6 - GENERAL
General penalty RM 2000
Certain sections with penalty RM5000
(S.51)
18. FMA 67 VS OSHA 94
ACT FMA 1967 OSHA 1994
Known as Act 139 Act 514
Application Prescriptive
Too dependent on government
Self regulation
Responsibilities to employer
and employees
Consultation
Scope Only factories & machinery Occupational (as per Schedule 1)
Exception On board ships
Armed Forces
On board of ships
Armed Forces
Ministry Human Resource Human Resource
Department/Enforcement Factory & Machinery Department DOSH
Training & Research - NIOSH
Regulations 11 Safety
4 Health
2 Amendments (2004/05)
9 Policy/SHO/Chemicals
Guidelines - 49 (till end 2011)
19. OSHA 1994
Philosophy & Guiding Principles
“Responsibilities to ensure safety & health at
the workplace lies on those who create the
RISK and those who work with the RISK
20. OSHA 1994 - Objectives
To secure the safety, health & welfare of
persons at work
To protect person (other than person at work)
against hazard
To promote the occupational environment
Adaptable to the person’s physiological &
psychological needs
An enabling act based on regulations &
industrial codes of practice in combination with
the provisions of the act
21. FMA 1967 - OBJECTIVES
Control of factories operations with
respect to safety, health and welfare of
persons.
Registration & inspection of machinery
22. OSHA 1994 vs FMA 1967
Application
OSHA 1994 supersedes the FMA 1967 in the event of
any conflict
FMA 1967 applies to mainly factories & construction
sites
FMA & OSHA – enabling act (give power to minister
to gazette detail regulations)
FMA contains some general provision on safety,
health & welfare
FMA limited to manufacturing industry, mining &
quarrying and construction
FMA do not contain detail provisions on specific
matters (Detail provisions are stipulated under the
regulations)
