Chapter 1 (Unit 1.3 FMA 1967)

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HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

1.3 FMA 1967 (ACT 139)

* Reference: KMP3907 Industrial Health and Safety UPM

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OBJECTIVES


1. Control of factories operations with respect to safety, healthand welfare of persons

1. Registration and inspection of machinery

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OSHA 1994 supersedes the FMA 1967 in the event of anyconflict

FMA 1967 applies to mainly factories and construction sites FMA and OSHA enabling act (give power to minister to

gazette detail regulations) Contains some general provision on safety, health and

welfare FMA scope of the act limited to manufacturing industry,

mining and quarrying and construction

Acts do not contain detail provisions on specific matters Detail provisions are stipulated under the regulations.


APPLICATION

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FMA 1967 divided into 6 parts:

Part 1 Preliminary

Part 2 Safety, health and welfare

Part 3 Persons-in-charge and certificates of competency

Part 4 Notification of accidents, dangerous occurrence anddangerous diseases

Part 5 Notice of occupation of factory and registration anduse of machinery

Part 6 General


ARRANGEMENT

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Definition of factory:(a) There must be premises involved, the boundaries of which

can be defined;(b) Within those premises, there is manual labor going on in

connection with one of the processes specified;(c) The process must involve the making, altering, repairing,

ornamenting, finishing, cleaning, washing, breaking updemolition or adapting for sale any article; and;

(d) The processes must be carried on by trade or for gain

Other definitions in Part I building operations, hoistingmachine, machinery, steam boiler


PART I PRELIMINARY

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Key points:

Premises must be structurally sound with safe access to workareas, materials and goods must be safely stacked (Section 10)

Machinery must be of sound construction and dangerous partsmust be fenced (section 14, 15 and 16)

Employees must not misuse safety and health equipment(Section 20) Employees not allowed to act in a way that could endanger the

safety of himself or other person Premises must be kept in clean, with adequate work space ,

ventilation, lighting and toilets (Section 22) Persons must be supplied with adequate facilities for clothing,

storage, drinking, water, first aid and washing facilities (section25)

Employees must be trained on the safety of machinery (section26)


PART II SAFETY, HEALTH AND WELFARE

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Key points:

Machinery operators must be adequately trained or under thesupervision of a trained person (section 26)

Young persons (

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The occupier must notify the nearest inspector of accidentsand disease. 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)Inspectors may investigate accidents and dangerous

occurrence and hold enquiries into more serious cases(Section 33)


PART IV NOTIFICATION OF ACCIDENT, DANGEROUSOCCURRENCE AND DANGEROUS DISEASES

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Notify Department of Occupational Safety and Health (DOSH)within 3 months of the intended start date (section 34)

Building operations must be notified if last more than 6 weeks(section 35)

Changes to the use of factory or machinery must be notifiedto DOSH

Fills a standard form together with (a) layout plan of thefactory; (b) list of products to be manufactured; (c) list ofmachines to be used; (d) list of chemicals, toxic or flammablesubstances to be used and (e) detail flow chart of theprocesses


PART V NOTICE OF OCCUPTION OF FACTORY ANDREGISTRATION AND USE OF MACHINERY

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General penalty RM2000.00 Certain sections is RM5000.00 (section 51)


PART VI GENERAL

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Schedule 1 Defines dangerous occurrences to machinerythat need to be notified

Schedule 2 Describes the types of injury that may classifiedas serious bodily injury

Schedule 3 Lists notifiable industrial diseases


SCHEDULE

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The 15 regulations under the Act are as follow:

1. Factories and Machinery (Certificates of Competency Examinations) Regulations, 1970

2. Factories and Machinery (Electric Passenger and Goods Lift)Regulations, 1970

3. Factories and Machinery (Fencing of Machinery and Safety)Regulations, 1970

4. Factories and Machinery (Notification of Fitness andInspections) Regulations, 1970

5. Factories and Machinery (Persons-In-Charge) Regulations,1970

6. Factories and Machinery (Safety, Health and Welfare)Regulations, 19707. Factories and Machinery (Steam Boiler and Unfired Pressure

Vessel) Regulations, 19708. Factories and Machinery (Administration) Regulations, 1970


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9. Factories and Machinery (Compounding of Offences) Rules,1978

10. Factories and Machinery (Compounding of Offences)Regulations, 197811. Factories and Machineries (Lead) Regulations, 198412. Factories and Machineries (Asbestos Process) Regulations,

1986

13. Factories and Machinery (Building Operations and Works ofEngineering Construction) (Safety) Regulations, 198614. Factories and Machinery (Noise Exposure) Regulations, 198915. Factories and Machinery (Mineral Dust) Regulations, 1989


HEALTH SAFETY AND ENVIRONMENT MANAGEMENT

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Set up the framework for the certificated of competencyrequired under Factories and Machinery (Persons-In-Charge)Regulations

Laid down pre-requisite for the application for a certificate ofcompetency and the examination procedure All certificates of competency have requirements for

experience and an examination pass before they can begranted

Certificates of competency can be suspended or cancelled ifthe holder is medically unfit or in case of serious misconductor if judger unfit after an enquiry ir a court


FACTORIES AND MACHINERY (CERTIFICATES OFCOMPETENCY EXAMINATIONS) REGULATIONS 1970


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All new lifting machines (cranes, cab, winch) and liftingappliances (pulley and chain blocks) have a manufacturerscertificate specifying safe working load with design drawingand load calculations

Apply to lifts that are use to carry persons including goods lift

Owner to provide detail design to obtain approval from DOSH(Regulation 6) Capacity of a lift is based on lift car floor area and displayed

clearly on each lift car (Regulation 7) Specifications for the following components of a lift system :

- Machines room (Regulation 9)- Lift well (Regulation 10)- Landing doors (Regulations 12 and 13)- Lift car (Regulation 14 to 19)- Suspension system (Regulation 20-29)


FACTORIES AND MACHINERY (ELECTRIC PASSENGERAND GOODS LIFT) REGULATIONS 1970


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Duties of lift owner to maintain lift (3 monthly inspections andmonthly service by competent person)

Enter details of all inspections and maintenance activities inthe register for each lift (Regulation 31)

Owner must display certificate of registration in the lift car orat the bottom of the landing (Regulation 32)



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Details of notification, certificate of fitness and inspectionscarried out by DOSH

Part 1

Specify the forms that must be used to notify the DOSHofficer of a new occupancy of a factory, the start of buildingwork, the installation of certain machinery and the notificationof accidents and diseases.

Part 2 Describes the certificate of fitness that must be held for steamboilers, UPV and hoisting machines

Certificate of fitness is valid for 15 months from the date ofinspection (Regulation 10)


FACTORIES AND MACHINERY (NOTIFICATION OFFITNESS AND INSPECTIONS) REGULATIONS 1970


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Part 3 Governs the inspection of factory or machinery by DOSH Factory and machinery inspected at regular intervals (15

months but up to 36 months at the discretion of DOSH 0Regulation 14)

DOSH give advance notice of the inspection to the occupier Occupier prepare machinery for the inspection

Factory or machinery not complying with regulations mayresult in DOSH issuing a direction to improve the situation(Regulation 27)

Stop work notice may be issued for machinery without acurrent certificate of fitness (Regulation 28)

Part 4 Inspection fees charged by DOSH



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Safeguarding of machinery All dangerous parts of machine including the power

source and transmission must be guarded Describe methods for guarding various parts of machine:

- Part 2 : Prime mover (power source)- Part 3 : Transmission machinery- Part 4 : Driven machinery


FACTORIES AND MACHINERY (FENCING OF MACHINERYAND SAFETY) REGULATIONS 1970


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Part 4 specifies the methods for guarding different types ofmachinery:

- Abrasive and grinding machinery- Machinery using rolls- Saws- Planers- Spindle moulders

- Grooving and tenoning machine- Chain-mortice machine- Mixers- Centrifuges- Presses- Guillotines- Conveyors



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Other machines must also be securely fenced

Other form of guarding switches and interlocks Workers trained in the operation of certain dangerous

machines and aware of the danger of such machines Six schedules gives further specification for the materials and

dimensions of machine guards



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Specify persons-in-charge of certain machinery requirecertificate of competency including:- Steam boiler- Steam engine

- Internal combustion engine- Dredge

Steam boiler include UPV with steam connected to it Steam boiler and steam engine require steam boiler drivers

certificate of competency for smaller boilers (

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Requirement to provide instruction and training to operators ofcertain machinery

Each operator must have a course of instruction and 10 daysof supervision by an experienced operator (Regulation 20)

Schedule 1 lists machineries that require a trained operator:- Presses- Saws- Metal working machines- Hoisting machines

,


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Deal with factory premises and various safety, health andwelfare requirements

Key points: Safe means of access and safe place of employment,

provision of edge protection on floor openings and stairs(Regulation 7,8)

All stairways and floors must be of good construction andproperly maintained; ladders must be of adequateconstruction and maintained in a sound condition(Regulations 9 to 11)

Persons must be protected from falls of more than 10 feet bythe use of safety belts or ropes (Regulation 12)

Adequate protection are necessary before working inside aconfined space (Regulation 13)

,

FACTORIES AND MACHINERY (SAFETY, HEALTH ANDWELFARE) REGULATIONS 1970


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- Flammable and dangerous liquids must besecurely stores and precautions taken against

fire and explosion (Regulations 14 to 17, 21,22)- Materials and finished goods must be securely

stored and precautions taken against fire andexplosion (Regulations 19, 20)

- Specifications are laid down for cleaning ofsurfaces inside factory (Regulation 23)

- Lighting, ventilation and climate requirementsare all detailed (Regulations 24-29)

- Working clothes and protective equipment (Regulation

32)- Welfare facilities such as toilets, drinking water,washing facilities and first aid (Regulation 33 to 38)


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Four schedules of the regulations:

1. First Schedule specify classes of factories that do notneed internal surfaces white washed every 12 months;2. Second schedule describes the level of lighting required

in different parts of the factory3. Third schedule lists work activities that need eye

protection or protective screens4. Fourth schedule contents of first aid box


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Part I General Conditions Describes condition for obtaining permission from DOSH

before a steam boiler or unfired pressure vessel (UPV) ismanufactured or imported

DOSH may accept the design and operation details of theitem an issue an authorized safe working pressure (SWP)

Steam boilers and UPV (autoclaves, compressors,pressurized storage tanks and gas cylinders) must comply tocodes listed schedules

Part II Steam Boilers Details on safety fittings required on a steam boiler Burner system of steam boiler

FACTORIES AND MACHINERY (STEAM BOILER ANDUNFIRED PRESSURE VESSEL) REGULATIONS 1970


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Part III Unfired Pressure Vessel

Air receiver, steam receiver and other UPV Essential safety fittings and further specifications

Part IV Miscellaneous Provision

Piping associated with steam boiler Procedure for hydrostatic test before put into service and at 7

year intervals Registration plate that display registration number


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Set out the administration by DOSH officer of FMA andregulations

List of fees of charged for an officers service

Describe the records that must be kept by OSH personnel DOSH must provide a report on the administration of the Actand regulations to the minister every year

FACTORIES AND MACHINERY (ADMINISTRATION)REGULATIONS 1970


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Some offences can be compounded Compounding is an agreement to receive of money from an

offender instead of prosecuting him Describes offences that can be compounded Rules gives procedures to be followed by DOSH for

compounding an offence

FACTORIES AND MACHINERY (COMPOUNDING OFOFFENCES) RULES 1978 & FACTORIES AND MACHINERY

(COMPOUNDING OF OFFENCES) REGULATIONS 1978


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Cover instruction safety Apply to building operation defined as:

the construction, structural alteration, repair andmaintenance of a building (including re-painting, re-decorationand external cleaning of the structure), the demolition of abuilding, and the preparation for and the laying of thefoundation of an intended building

Works of engineering constructionthe construction of any railway line or siding and the

construction, structural, alteration or repair (including re-pointing and re-painting) or the demolition of any dock,harbor, inland navigation, tunnel, bridge, viaduct, waterworksor gas holder

FACTORIES AND MACHINERY (BUILDING OPERATIONSAND WORK ENGINEERING)(SAFETY) REGULATIONS 1986


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Regulation applies in addition to any other relevant FMA orregulation requirements, e.g. certificate of fitness for hoisting

machine, guarding of dangerous parts of machinery There are 17 parts in the regulation:

Part 2 Describes general precautions that should be taken

Use of PPE, electrical safety, lighting, access to workplaces,storage of materials and disposal of debris.

Part 3 Precautions to be taken in the erection and dismantling of

formwork for concrete buildings


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Part 4 Safety requirements involved in the erection of structural steel

and pre0cast concrete structures Temporary floorings needs to follow up the construction of a

steel frame building (Regulation 38) Working in steep roofs (Regulations 39 to 42) Crawling board or roofing brackets must be installed on roofs

with a slope greater than 1 in 4 (Regulation 40)

Part 6 Catch platform erected along the exterior faces for

demolition originally more than 12.2 meters in height

Protect public against falling objects

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Part 10 Scaffold and their components must be well structured from suitable

and sound material and of adequate strength

Sufficient materials available to construct the scaffold Scaffold material properly stored and when not in use kept away

from defective material Every scaffold properly maintained and accidental displacement

must be prevented

Scaffold securely placed or fixed in position Stability of scaffold independent, putlog or mobile units

(Regulations 76 and 77) Provision of braces, ties, the structural integrity of the building

supporting the scaffold

Requirement concerning the construction, stability and firm baserequirements for mobile towers

Scaffolds inspect weekly or after exposure severe weather condition Inspection result entered into register kept on site Guard rails are required on scaffolds if persons may fall > 3 meters


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Part 11 Required precautions for demolition Main provisions:

No part of the building or structure can be allowed tobecome dangerously overloaded with debris

The following work must be done under close supervision

of a competent person with adequate experience of worka) Demolition of all or part of a building structure(except when there is no foreseeable risk of collapse)

b) Demolition of all or part of a building or structure where thereis a special risk of collapse of anything as a result of thedemolition

c) Cutting of an reinforced concrete steelwork or ironworkforming part of the building or structure being demolishedand before the cutting precautions are to be taken to preventtwisting, springing or collapse


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Part 12 Safety in excavation work Excavation shored up or cut back to prevent collapse Guardrails must be installed if excavations exceed 3 meters in

depth (Regulation 113) Excavation provided with safe access if more than 1.2 meters

deep (Regulation 115)

Part 13 Storage and disposal of building materials Safe method stacking bricks, masonry blocks and bags

(Regulation 122)


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Part 14 Safety in piling work Inspect pile driving equipment daily by a competent person

Competent person to personally direct the work and give theoperating signals (Regulation 127)

Part 15 Explosives must not be handled or used except by or under

the immediate control of a competent person When explosive are fired, employees must not be exposed torisks of injury from the explosion or flying material

Take steps to prevent accidents

Part 16 Hand and power tools must be maintained in a safe condition Use of hand tools, electric, pneumatic, hydraulic, fuel and

power driven equipment


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Safety Organization on site Main contractor should appoint a part time safety supervisor

spend at least 15 hours per week on safety supervision Contractor with more than 20 persons on the site appoint

contractors safety supervisor spend at least 5 hours per weekon safety supervision

Safety supervisor should be competent person with at least 2

years experience as a site foreman When 50 or more persons are employed on construction site,the main contractor should establish a safety committee

Committee consist of a senior member of the main contractorsstaff, all appointed safety supervisors and any appointed siteworkers


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FMA 1967 contains regulations at preventing exposure andminimizing the health effects of certain hazards

Specific regulations exist for lead, mineral dust, asbestos andnoise

REGULATIONS ON HEALTH


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Specify a range of duties and controls Health surveillance (blood test) and administrative control Key features:

Permissible exposure limit (PEL) of 150 gm 3 of airaveraged over an 8 hour period

Protection factor may be taken into account whenrespiratory protection is worn

Employers are required to carry out atmosphericmonitoring

Personal samples to be taken from employees exposed tolead

FACTORIES AND MACHINERY (LEAD) REGULATIONS1984


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Specific detail of monitoring program:Initial determination made using representative sample or worstcase (highest exposure)

Monitoring for all employees exposed above action limitFrequency of monitoring: At least every 6 months for exposures below PEL and above

action level (75 gm 3) Every 3 months for exposure above PEL

Employees must be notified of results Specify engineering control and work practice to be used to

control exposure to below PEL Specify respiratory protection based on airborne concentration

of lead. Employers provide other forms of protective equipment

(coveralls, gloves, goggles, shoes etc) and ensure employeesuse them

Employer is to arrange for their cleaning and storage Provide change room and shower facilities


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Provide medical surveillance program for all employeesexposed above the action level for > 30 days per year

Frequency of biological monitoring is specified as well asthe frequency of medical examination

Temporarily removed an employee from exposures above theaction level where blood levels are above

80g/100 gm for males and 40 g/100 gm for females ofchild bearing capacity

Employee training Procedure for record keeping Penalty RM2000.00


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Establishes a PEL of 1 fiber/ml of air over 8 hour period Requires exhaust equipment (LEV) to be provided in order to

keep exposures below PEL Requires equipment to be examined and tested at specified

intervals by a competent person Provide PPE in the prescribed area or where concentrations

exceed PEL Obligation on employees to use PPE Cleaning and housekeeping Personal monitoring at least at 3 monthly interval to comply

with regulations Medical examination of employees at least every 2 years

(lung function test) Specify details of the test

FACTORIES AND MACHINERY (ASBESTOS)REGULATIONS 1986


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Provide employees with training on the process, controls ,

PPE and medical surveillance Medical records kept for 20 years Remove employees from work area if there is indications of

asbestos related diseases


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Permissible exposure level : Equivalent continuous sound level 90dB (A) Noise dose of unity Not exceedingly limit in schedule Maximum noise level of 115 dB (A) Impulsive noise not to exceed 140 dB (A)

Method of compliance is by engineering and/or administrativecontrols

PPE is used if these are not practicable Initial and ongoing monitoring for employees exposed abovePEL Hearing protection for employees exposed by the action level

FACTORIES AND MACHINERY (NOISE EXPOSURE)REGULATIONS 1989


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Hearing protection must attenuate noise level below the PEL

and limit for impulsive noise Audiometric test program every year if exposure is above PEL

or there is a threshold shift Train employees in aspects of regulations, effects of PPE and

audiometric testing


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Employers provide and employees required to use protectiveclothing, respiratory equipment and other protectiveequipment

Report any defects in the equipment Sand blasting is prohibited unless written approval from

DOSH is obtained PEL for mineral dust (

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Carry out atmospheric monitoring: Initial monitoring of all employees in processing area Every 6 months for exposures between action level and PEL Every 3 months for exposures above PEL Employees must be notified of the results

Control equipment to remove dust (engineering control)

Inspect and maintain equipment Employer required to provide PPE Medical examination of employees exposed above action level Medical records to be kept for 20 years Provide training for employees on the regulations, nature of the

operation, control equipment and medical examination.

Documents

Chapter 1 (Unit 1.3 FMA 1967)