XBLR3101 - OSH Legislation

FACULTY OF SCIENCE AND TECHNOLOGY

CHE ROZILAN AB. RAHIM
JKKP IS 127/438/2/1932
[email protected]
Week 1-2
JANUARY 29, 2012
Course Synopsis

• Introduction to
 the requirements of the OSH legislations in
Malaysia.
 It will guide students on the scope of application
of the law as well as how to interpret the
requirements of the law, to comply with its
provisions
 and to differentiate the requirements of various
OSH legislations.
 Ito identify the requirements that are applicable
to your workplaces and to suggest the
necessary action to be taken to comply with the
said requirements.
Course Aims

1. Introduce learners to the OSH legislations;

2. Develop understanding amongst learners on
the difference between OSHA 1994 and FMA
1967;
3. Equip learners with sufficient information
related to the provisions of OSHA1994 and
FMA 1967; and
4. Ensure learners can demonstrate the required
knowledge gained on OSH legislations at
workplaces.
Course Outcomes
1. Explain OSH legislations in Malaysia;
2. Explain the provisions spelled out under OSH
legislations and their scope of applications;
3. Differentiate the provisions under OSHA 1994
and FMA 1967;
4. Explain the various Regulations that are being
spelled out under both Acts;
5. Identify the Occupational Safety and Health and
Factories and Machinery Regulations that are
applicable to your workplaces; and
6. Suggest the necessary action to be taken in
complying to OSH legislations.
Course Resources &
Requirement
Essential Reading :
 Occupational Safety and Health Act 1994 (OSHA)
(Act 514) and its Regulations
 Factories and Machinery Act 1967 (FMA)
( Act 139) and its Regulations
Further reading
 Guidelines on Occupational Safety and Health Act
1994 (Act 514),
 Department of Occupational Safety and Health
Malaysia, JKKP GB (BI) 1/2006.By learning and
applying technology tools to solve problems.
 Guidelines on Notification of Accident, Dangerous
Occurrence, Occupational Poisoning and
Occupational Disease (NADOPOD) 2005
Assessment
Continuous Assessment :
 Assignment 30%
Final examination 70%

Total 100%
 Course Content:
1: Factories and Machinery Act 1967
2: Regulations Related to Safety Under FMA 1967 – Part 1
3: Regulations Related to Safety Under FMA 1967 – Part 2
4: Regulations Related to Health Under FMA 1967
5: Other Regulations under FMA 1967
6: Occupational Safety and Health Act (OSHA) 1994
7: Occupational Safety and Health Regulations (Part 1)
8: Occupational Safety and Health Regulations (Part 2)
9: Occupational Safety and Health Regulations (Part 3)
10: (i) Comparison between OSHA 1997 and FMA 1967
(ii) Other Safety Legislation
XBLR3101 - OSH Legislation
Topic 1 & Topic 2 (Part 1)

Factory & Machinery Act

1967
&
It’s Regulations
 Historical Perspective
• Evolution of OSH Legislation in Malaysia
 1844 British Legislation – specific safety & health
 Piecemeal legislation and regulations for example
transporting machinery on the train
• 1972 Lords Roben “Committee of Inquiry” – Robens
Report on OSH
• Factories and Machinery Act (139) in 1967
 Part II Safety, Health and Welfare – enforced 1970
 In the year 1967, the Factory and Machinery Act was
approved by the Parliament of Malaysia.
 In 1970, the Factory and Machinery Act and eight
regulations under the act were enforced.

9
Objectives of the Act

To provide control on factories with respect to

matters relating to the safety, health and welfare of
the workers,
the registration and inspection of machinery and for
matters connected therewith.
 This act was legislated to overcome the
weaknesses in the Machinery Ordinance 1953,
 They were not protected if they are working in a
workplace that doesn’t use machinery.

 Amendment, date of Royal Assent - 5 Sept 2006

 Date of publication in the Gazette -14 Sept 2006
 Date of enforcement - 1 January 2007
 Rational of ACT 139 Amendments

1. A provision of authority to Minister to award license

to individual or company to carry out any activities
stipulated in this Act;
2. To update, improve and clarify the uncertainties of
some provisions;
3. To ensure the provisions made under this Acts are
aligned with the current development and to
empower the enforcement ; and
4. To Increase compound rate which is appropriate
with current circumstances (RM250,000, five (5) years
imprison or both).

11
Factory & Machinery Act 1967
Salient Provisions
Part 1 : Preliminary
Part 2 : Safety, Health & Welfare
Part 3 : Person In Charge and Certificates of
Competency
Part 4 : Notification of Accident, Dangerous
Occurrence and Dangerous Diseases
Part 5 : Notice of Occupation of Factory, and
Registration and Use of Machinery
Part 6 : General
Definition
Plant
• Includes machinery, equipment, appliance,
implementation or tool, any component thereof and
anything fitted, connected or appurtenant thereto

Premises
 Any land, building or part of any building,
 Any vehicle, vessel or aircraft,
 Any installation on land, offshore installation or other
installation whether on bed of or floating on any
water, and
 Any tent or movable structure
Definition

• Section 2 –Interpretation of “factory”

 Any premises or part of a premises
• Persons are employed in manual labor in any
process for or connected to the making or adapting of
any item; and
• The said work on the way of trade for the purpose of
gain
 Excluding any premises housing vehicles where
only cleaning, adjusting/running minor parts; where
machinery is not in use..
New sub-section (3) – to include pipeline used for
transportation of dangerous substances which may
cause fire, explosion, or adverse health effects to
any person.
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Definition
• Section 3 – Interpretation – general
 Amusement devise, amusement park, fair;
 Fired pressure vessel;
 Definition for hoisting machine;
 Licensed person;
 Definition of machinery;
 Material handling equipment;
 Petroleum, petroleum products;
 Special scheme inspection;
 Definition of works of engineering construction

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Factory & Machinery Act 1967
No SECT SHORT TITLE
1 S1 Short title and commencement
2 S2 Interpretation of “factory”
3 S3 Interpretation - general
4 S5 Supervision of officers
5 S6 Officers are public servants
6 S7 Power of inspector
7 S8 Obstruction an offence
8 S9 Persons not to reveal secrets
9 S19 Certificate of fitness
10 S22 Provisions relating to health

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Factory & Machinery Act 1967
No SECT SHORT TITLE
11 S29 Certain machinery not to be operated
without certificated staff
12 S31 Accidents and dangerous occurrence to be
reported
13 S32 Notification of industrial diseases
14 S33 Investigation and enquiries
15 S36 Installation of machinery, etc.
16 S37 Application for registration
17 S38 Register
18 S40 Periodical inspections
19 S41 Questions for decision by an inspector and
appeals from such decision
20 S44 Notice of sale, hire or transfer
17
Factory & Machinery Act 1967
No SECT SHORT TITLE
21 S47A Protection against personal liability
22 S48 Fees
23 S51 Penalties
24 S51A Jurisdiction to try offences
25 S52 Institution of prosecution
26 S52A Power to compound offences
27 S55 Exemptions
28 S56 Regulations
29 Sch 3 Title: Notifiable Industrial Diseases to
Notifiable Occupational Diseases.

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• Section 6 – Officers are public servants
Section 6(2) (New provision)
“A licensed person, all his servants and agents and
other persons employed by him shall, while discharging
their duties as a licensed person and such servants,
agents, and employees, be deemed to be public
servants within the meaning of Penal Code.”

19
• Section 7 – Power of an Inspector
• Section 7A – Entry into premises with a search
warrant and the power of seizure
“Where information is given on oath to a magistrate that
there is a reasonable cause for suspecting that there is
in a factory or premises any article, thing, book,
document, plant, substance, installation or part thereof
which has been used to commit or is intended to be used
to commit an offence under this Act or regulation made
thereunder, he shall issue a warrant under his hand by
virtue of which an Inspector named or referred to in the
warrant may enter by day or by night, and search for and
seize or seal the article, thing, book, document, plant,
substance, installation or part thereof.”
20
• Section 7B – Entry into premises without a search
warrant and the power of seizure
“Where an Inspector is satisfied upon information
received that he has reasonable grounds for believing
that, by reason of delay in obtaining a search warrant,
any article, thing, book, document, plant, substance,
installation or part thereof in a factory or premises which
has been used to commit or is intended to be used to
commit an offence under this Act or any regulation
made there under is likely to be removed or destroyed,
he may enter the factory or premises without a warrant
and seize or seal the article, thing, book, document,
plant, substance, installation or part thereof found
therein.”

21
• Section 7C – Service of list of things seized
“The Inspector seizing any article, thing, book, document,
plant, substance, installation or part thereof under Section
7A or 7B shall prepare a list of things seized by him to the
occupier, or his agent or his servant present in the
premises, and if the premises are unoccupied or if the
occupier, or his agent or servant is absent the Inspector
shall, wherever possible, post a list of things seized on
the premises and make a police report thereafter.”

22
• Section 7D – Appointment, power and duties of a
licensed person
Section 7D(1) – “Notwithstanding any other provisions
of this Act, the Minister shall have the power to grant a
license on such conditions as he may think fit to any
person to perform any of the functions specified in this
Act as the functions of a licensed person as it appears
to him to be necessary.”

23
• Section 7D(2) – “The Minister may, make an order for
the purpose of subsection (1) and in particular but
without prejudice to the generality of the foregoing,
such order may-
a) prescribe the qualification and standards of
competency of persons to be employed by a
licensed person;
b) prescribe the powers of a person employed by a
licensed person to carry out the functions of a
licensed person;
c) prescribe the records to be kept by a licensed
person;

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Section 7D(2)

d) prescribed the returns to be submitted by a licensed

person to the Chief Inspector at certain intervals;
e) Regulate the inspection by the Chief Inspector of the
premises of a licensed person and the records kept
thereat;
f) prescribe inspection standards for a licensed person
to comply with; and
g) prescribe the functions or duties to be carried out by
a licensed person.”

25
• Section 7D(3) – “The Minister may, by order published in
the Gazette, authorized a licensed person to demand,
prescribe, collect and retain charges, fees and levy in
respect of the services provided by a licensed person.”
• Section 7D(4) – “An order made under subsection (3)
shall specify-
(a) the type of services in respect of which charges,
fees or levy may be demanded, collected and
retained; and
(b) the duration of the authorization to demand, collect
and retain the charges, fees or levy.

26
• Section 7D(5) – “A licensed person authorized
under subsection (3) shall-
(a) maintain such account, books records in respect of
the payment and collection of charges, fees or levy as
the Chief Inspector may require;
(b) furnish to the Chief Inspector such information,
returns and account in respect of the payment and
collection of charges, fees or levy as the Chief
Inspector may require; and
(c) permit the Chief Inspector or any other person
authorized in writing by the Chief Inspector to have
access to or examine or inspect any document,
machinery or equipment maintained or used for the
payment or collection of charges, fees or levy.”
27
 LIABILITY
• Section 7D(6) – “The authorization of a licensed
person under subsection (3) shall not render the Federal
Government liable to any person in respect to any injury,
damage or loss occasioned by the failure of the licensed
person to carry out his obligations under this Act in
respect of which charges, fees, or levy are demanded,
collected and retained.”

28
 PENALTY
• Section 7D(7) – “If a licensed person contravenes any
condition of the license or any of the provisions of any
order made under this section or any of the provisions of
subsection (5) with which he is required to comply he shall
be guilty of an offence and shall, on conviction, be liable to
a fine not exceeding one hundred thousand ringgit or to
imprisonment for a term not exceeding two years or to
both.”

29
 Chief Inspector to exercise any
function of the licensed Person

• Section 7D(8) – “Notwithstanding the licensing of a

person under this section, the Minister may give
directions to the Chief Inspector to exercise any of
the functions which under the terms of the license
are to be carried out by such person.”

30
 Revocation of License
• Section 7E(1) – licensed person has breached any
condition of the licensed, the Chief Inspector to give
notice in writing.
• Section 7E(2) – if the licensed person failed to comply
with the notice, the Chief Inspector shall present a report
to the Minister.
• Section 7E(7) – Notwithstanding the revocation of the
licensed, the validity of any certificate of fitness issued
by the licensed person shall continue to be valid until the
expiry date thereof and the licensed person shall
continue to assume any obligation, duty and
responsibility imposed by or in connection with the
issuance of the certificate of fitness.

31
Confidentiality of information

• Section 9(1) – “Except for the purpose of this Act

or for the purpose of any civil or criminal proceeding
under this Act or any other written law, no person
appointed under section 4 or licensed person and
employees of the licensed person shall disclose
any manufacturing or commercial secret which may
at any time come to his knowledge or has been
obtained by him in the course of his duties under this
Act.”

32
Certificate of Fitness (CF)

• Section 19(1) – No person shall operate any

machinery which a CF is prescribed,
• Section 19A – Power to revoke CF obtained by way of
fraud or misrepresentation
 (1) Chief Inspector revoke or terminate CF;
 (2) aggrieved person may, within 14 days of
the notice appeal to the Minister by way of
writing;
 (3) the decision of the Minister shall be
final.

33
Machinery not to be manufactured ,
etc., without written authority

• Section 29A – “No person shall manufacture,

fabricate, test, install, maintain, dismantle or repair
any machinery which is prescribed unless he has
written authority issued by the Chief Inspector.”

34
 Accident and dangerous
occurrence to be reported
• Section 31 – “Whenever any accident which either-
(a) causes loss of life to any person;
(aa) causes serious bodily injury to any person;
(b) causes bodily injury to any person so that the
person is prevented from following the normal
occupation for more than four days three clear days
excluding the day of the accident;

to the nearest inspector having jurisdiction for the area

in which the accident or dangerous occurrence has
taken place….

35
 Installation of machinery, etc.

• Section 36(3) – “When any machinery in respect

of which a CF is prescribed has been installed, a
written notice shall be served by the occupier or
owner of the factory on-
(a) the Inspector, who may as soon as
conveniently may be, make an inspection of the
machinery; or
(b) a licensed person where applicable, who
shall within one month from the date of receipt of
the written notice make an inspection of the
machinery.”

36
Register

• Section 38(2) – A general register shall be kept

in every factory; send to an Inspector or licensed
person
• Section 38(4)* - “The licensed person shall only
have access to information in the general
register and any other register or records or
certificate kept in pursuance of this Act
pertaining to machinery in respect of which a CF
is prescribed.”

37
Periodical Inspections

• Section 40(1) – “All factories and machinery in respect

of which a CF is not prescribe shall be inspected by
an Inspector at such periods and in a manner as may
be prescribed.”;
• Section 40(1A) – “All machinery in respect of which a
CF is prescribed shall be inspected by an Inspector or
a licensed person at such periods and in such manner
as may be prescribed.”;
• Section 40(2) – to substitute for the words “Every
occupier of a factory” the words “The occupier of
every factory and the owner or person having
possession of any machinery.”

38
 Periodical Inspections (Continue..)

• Section 40(2A) – “For the purpose of subsection (1A),

the occupier of every factory and the owner or person
having possession of any machinery in respect of
which a CF is prescribed shall afford to an Inspector
or a licensed person all reasonable facilities for
inspection and testing and all information as may
reasonably be required in connection with the
inspection.”

39
Periodical Inspections (Continue..)

• Section 40(5)* - “Any factory owner or occupier

may apply to the Chief Inspector for approval
for a special scheme of inspection.”
• Section 40(6)* - “The Chief Inspector may
approve the application under subsection (5) if
he satisfied that the prescribed requirements in
respect of the machinery in question in relation
to the special scheme of inspection have been
fulfilled.”

40
Protection against personal liability
• Section 47A – Subject to the provision of this Act and
any regulations made under this Act, no Inspector or
licensed person shall be personally liable for any loss
or damage caused by his act or omission in carrying
out his duties under this Act or any regulations made
under this Act, unless the loss or damage was caused
intentionally or through recklessness or negligence on
the part of the Inspector or licensed person.”

41
Factories and Machinery Act 1967
Penalties
 Section 8 - Obstruction an offence
Fine not exceeding RM5,000 or Imprisonment not
exceeding 2 years or both;
 Section 9 – Persons not to reveal secrets
Fine not exceeding RM5,000 or Imprisonment not
exceeding 2 years or both;
 Section 51(1) – Penalties
Contravenes S-19(1), S-31, S-34(1), S-36(1), 37,
38(1), 39(1) & 40(3) - Fine not exceeding RM5,000;
 S-51(2) – Penalties
Contravenes other provisions – Fine not exceeding
RM2,000;
 S-52A – Compound not exceeding RM100

42
Factories and Machinery Act (Amendment) 2006

Penalties
 Section 7D(7) – Appointment, power and duties of
Licensed person
Fine not exceeding RM100,000 or Imprisonment not
exceeding 2 years or both.
 Section 8 - Obstruction an offence
Fine not exceeding RM200,000 or Imprisonment not
exceeding 5 years or both;
 Section 9 – Confidentiality of information
Fine not exceeding RM100,000 or Imprisonment not
exceeding 2 years or both;
 Section 19(6) – Certificate of fitness
Fine not exceeding RM150,000 or Imprisonment not
exceeding 3 years or both

43
(Cont….) Factories and Machinery Act (Amendment) 2006

 Section 37(2) – Application for registration

Fine not exceeding RM50,000 or Imprisonment not
exceeding one year or both;
 Section 40(8) – Periodical inspections
Fine not exceeding RM250,000 or Imprisonment not
exceeding 5 years or both;
 Section 51(1) – Contravenes S-31, S-34(1), S-36(1), 38(1),
39(1)
Fine not exceeding RM100,000 or Imprisonment not
exceeding 2 years or both;
 Section 51(2) – Contravenes other provisions
Fine not exceeding RM50,000 or imprisonment not
exceeding one year or both;

44
(Cont….) Factories and Machinery Act (Amendment) 2006

 Section 51(4) – Fails to comply any written order or notice

issued under Section 39(3) or 40(4)
Fine not exceeding RM 250,000 or Imprisonment not
exceeding 5 years or both;
 Section 52A(2) – Compound
Compound not exceeding 50% of the amount of the maximum
fine (including the daily fine, if any, in the case of continuing
offence)

45
PENALTY
SECTION SHORT TITLE FMA 1967 FMA 2006

S7D Appointment, Power and Duties of New provision RM100,000 or 2 yrs

Licensed Person
S8 Obstruction an Offence RM5,000 or 2 RM200,000 or 5 yrs
yrs
S9 - Persons not to reveal secrets; RM5,000 or 2 RM100,000 or 2 yrs
- Confidentiality of information yrs

S19(6) Certificate of Fitness RM2,000* RM150,000 or 3 yrs

S37(2) Application for registration RM5,000 RM50,000 or 1 yr

S40(8) Periodical inspections RM5,000 RM250,000 or 5 yrs

S51(1) - S19(1), S31, S34(1), S36(1), S37, RM5,000 RM100,000 or 2 yrs
S38(1), S39(1) & S40(3)
- S31, S34(1), S36(1), S38(1) &
S39(1)
S51(2) *Contravenes other provisions RM2,000 RM50,000 or 1 yr
S51(4) Fails to comply with any written RM2,000* RM250,000 or 5 yrs
order or notice issued under S39(3)
& 40(4)
S52A(2) Compound RM100 50% of maximum fine
(including daily fine &
continuing offence)46
Regulations made under FMA ‘67

1. Certificates of competency – Examinations

Regulations 1970 [Sect 56(1)]
2. Factories and Machinery (Electric
Passenger and Goods Lift) Regulations 1970
3. Fencing of Machinery and Safety
Regulations 1970
4. Factories and Machinery (Notification,
Certificates of Competency and Inspection)
Regulations 1970
5. Factories and Machinery (Persons- in-
Charge) Regulations 1970
Regulations made under FMA ‘67

7. Safety, Health and Welfare Regulations 1970

[family dwelling, W@H, Confine space, PPE, seating, lighting,
Sanitary, First Aid]

8. Steam Boilers and Unfired Pressure Vessels

Regulations 1970 [Schedule I – VI]
9. Administration Regulations 2010 [Schedule I & II]
10. Compounding of Offences (Revocation) Rules
Regulations 2010
11. Lead Regulations 1978
12. Asbestos Process Regulations 1986
Regulations made under FMA ‘67

13. Building Operations and Works of

Engineering Construction (Safety)
Regulation, 1986
14. Noise Exposure Regulation, 1989
15. Mineral Dust Regulation, 1989