SAFETY LEGISLATION CPE615

1. FACTORIES & MACHINERY ACT 1967

1.1. OBJECTIVE

1.1.1. - Focus on control of factories and machinery. -Registration and inspection of machines -Less provision for health

1.1.2. Registration and inspection of machineries.

1.2. Enacted in 1967 as Act 64. Revised on 1 April 1974 and ammended to the laws of Malaysia Act 139

1.3. Application

1.3.1. FMA only limited to manufacturing industry, mining, quarrying and construction

1.3.2. Do not contain detail provision on specific matters as it is stipulated under the regulations

1.4. Part in FMA

1.4.1. 1. Preliminary

1.4.1.1. The processes involve in the making of altering, repairing, ornameting, finishing, cleaning, washing, beraking up, demolition or adapting.

1.4.1.2. Premises must involved within the boundaries which can be defined.

1.4.1.3. There is manual labor going with one of the processes specified.

1.4.1.4. Processes must be carried on by way of trade of gain where 5 or more person employed.

1.4.1.5. Factory covers all places of work that using machinery

1.4.2. 2. Safety, Health and Welfare

1.4.2.1. Section 10. Provisions relating to safety, etc.

1.4.2.1.1. Foundation, floors and roofs in sufficient strength.

1.4.2.1.2. Ensure safe access to any place.

1.4.2.1.3. Every opening securely covered or securely fenced.

1.4.2.1.4. All goods stored and stacked must ensure its stability and not interfere with ventilation, machinery, passageways and fire lighting equipment.

1.4.2.2. Section 22. Provision relating to health.

1.4.2.2.1. Kept in clean state and clean at times.

1.4.2.2.2. Maximum number of persons in correct amount.

1.4.2.2.3. Adequate ventilation by the circulation of freash air.

1.4.2.2.4. Securing and maintaining temperature and light.

1.4.2.2.5. Sufficient and suitable sanitary conveniences.

1.4.2.3. Section 25. Provision relating to welfare.

1.4.2.3.1. Adequate and suitable lockers for clothing and washing facilities.

1.4.2.3.2. Proper arrangement for drying of clothing.

1.4.2.3.3. Adequate supply of safe drinking water.

1.4.2.3.4. First-aid room and box provided.

1.4.2.4. Section 14. Construction of machinery. Section15. Dangerous parts of machinery. Section16. Projecting material.

1.4.2.4.1. Machinery must be of sound construction and dangerous parts must be fenced.

1.4.2.5. Section 20. Duties of persons employed.

1.4.2.5.1. Employees must not misuse safety and health equipment.

1.4.2.5.2. Employees not to endanger himself or other person.

1.4.3. 3.Persons in charge and certificated of compentency

1.4.3.1. Section 26. Training and supevision of inexperienced workers.

1.4.3.1.1. Machinery operators adequately trained or under supervision of trained person

1.4.3.2. Section 28. Young persons.

1.4.3.2.1. Under 16 years old cannot operate machinery.

1.4.3.3. Section 29. Machinery not to be manufactured without written authority.

1.4.3.3.1. Presccribed machinery only if has a written authority issued by the chief inspector

1.4.4. 4. Notification of accident, dangerous occurence and dangerous diseases.

1.4.4.1. Section 31. Accidents and dangerous occurence to be reported.

1.4.4.1.1. Notify the inspector having jurisdiction for the area in which accident or dangerous occurences has taken place.

1.4.4.2. Section 33. Investigation and enquiries.

1.4.4.2.1. Inspector shall make a preliminary investigation of the circumstances of any accidents or dangerous occurence.

1.4.5. 5. Notice of occupation of factory and registration and use of machinery.

1.4.5.1. Section 34. Operation of factory.

1.4.5.1.1. Notify DOSH within 3 months of the intended start date.

1.4.5.2. Section 35. Building operations works of engineering construction.

1.4.5.2.1. Building operation must be notified if last more than 6 weeks.

1.4.5.3. Section 36. Installation of machinery, etc.

1.4.5.3.1. Installation of any machinery required approval of certificate of fitness.

1.4.5.4. Section 37. Application for registration.

1.4.5.4.1. Every person shall send to the inspector and licensed person.

1.4.5.4.2. Any person who contravenes shall be guilty of an offence and shall be liable to a fine.

1.4.5.5. Section 38. Register.

1.4.5.5.1. General register of all machineries is kept by the factory.

1.4.5.5.2. Licensed person shall only have access to information in general register and any other register or record or certificate.

1.4.5.6. Section 39. Moving or alteration of or addition to machinery to be approved.

1.4.5.6.1. Changes to the use of factory or machinery must be notified to DOSH.

1.4.5.7. Section 40. Periodical inspections.

1.4.5.7.1. Periodical inspection done on all machines and factory.

1.5. FMA Regulations

1.5.1. 1. Factories and Machinery (Noise Exposure) (Revocation) Regulations 2019

1.5.2. 2. Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) (Amendment) Regulation 2017

1.5.3. 3. Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) Regulation 1970: Fourth Schedule-Inspecting Authorities (Amendment) 2014

1.5.4. 4. Factories and Machinery (Mineral Dust) Regulations 1989

1.5.5. 5. Factories and Machinery (Noise Exposure) Regulation 1989

1.5.6. 6. Factories and Machinery (Building Operation and Works of Engineering Construction) (Saftey) Regulations 1986

1.5.7. 7. Factories and Machinery (Asbestos) Regulations 1986

1.5.8. 8. Factories and Machinery (Leads) Regulations 1986

2. OCCUPATIONAL SAFETY & HEALTH ACT 1994

2.1. This legislation was made due to FMA Act 1967 only covers occupational safety, health in the manufacturing, mining, quarrying and construction industries only.

2.2. Objective

2.2.1. The purpose is to promote and encourage occupational safety and health awareness among workers and create organization along with effective safety and health measures.

2.3. Main Principles

2.3.1. Self-regulation

2.3.1.1. Handle issues relating to occupational safety and health, employers must develop a good and orderly management system.

2.3.1.2. Proper arrangements formation of a safety and health policy.

2.3.2. Consultation-tri partite

2.3.2.1. Employers, employees, and the government must negotiate to settle issues and problems relating to occupational safety and health at the workplace.

2.3.3. Co-Operation

2.3.3.1. Employers and employees must co-operate to take care, nurture and to increase the quality of occupational safety and health at the workplace.

2.4. Application

2.4.1. Apply throughout industries such as manufacturing, mining, construction and etc.

2.4.2. Not applicable to work on board ships governed by the Merchant Shipping Ordinance 1952, the Merchant Shipping Ordinance 1960 of Sabah and Sarawak

2.4.3. Not applicable to armed forces.

2.5. Regulations

2.5.1. 1. Occupational Safety and Health (Employers' Safety and Health General Policy Statements) (Exception) Regulations 1995

2.5.2. 2. Occupational Safety and Health (Control and Industry Major Accident Hazards) Regulations 1996

2.5.3. 3. Occupational Safety and Health (Safety and Health Committee) Regulations 1996

2.5.4. 4. Occupational Safety and Health (Classification, Packaging and Labelling of Hazardous Chemicals) Regulations 1997

2.5.5. 5. Occupational Safety and Health (Safety and Health Officer) Regulations 1997

2.5.6. 6. Occupational Safety and Health (Prohibition of Use of Substance) Order 1999

2.5.7. 7. Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000

2.5.8. 8. Occupational Safety and Health (Notification of Accident, Dangerous, Occurence, Occupational Poisoning and Occupational Disease) Regulation 2004

3. EMPLOYEES PROVIDENT FUND (EPF) ACT 1991

3.1. Benefits

3.1.1. Retirement benefit

3.1.1.1. Employee that contributes 11% of his income to EPF, employer will contribute another 12%.

3.1.1.2. 12% contribution by employer is for retiremtn benefit that when the employee no longer capable of working.

3.1.2. Dividend

3.1.2.1. Contributions kept in EPF will accumulate with dividend every year.

3.1.3. Death and Incapacitation

3.1.3.1. Provides compensations to the members in the event of certain contingencies.

3.1.3.2. Provides incapacitation benefit to the member with an amount of RM 5,000.00 if eligible.

3.1.3.3. Death benefit amounting to RM2,500 is payable in the event of death to his dependent.

3.1.4. Tax incentive

3.1.4.1. Member withs share of contributions to EPF up to RM5,000 is tax deductible.

3.2. Employees Provident Fund Act 1991 (Act 452) provides retirement benefits for members throughout savings in an efficient and relable manner.

3.3. Dividens EPF ensures that your savings are secure and receive reasonable dividens and guarantees a minimum 2.5% dividen annually.

3.4. Persons Obligated to Contribute Employees Provident Fund (EPF)

3.4.1. First time, temporary and probationary employees.

3.4.2. Directors who received wages from company.

3.4.3. Employees until the age of 73 years old that are still working regardless whether they have make full withdrawal/part of it after attain the age of 55 or 60.

3.4.4. Employees who have withdrawn their savings under the Pensionable Employees and Optional Retirement Withdrawal and work with employers other than the Federal or State Government or any statutory bodies or local authorities.