Factories and Environmental Acts in Malaysia

Factories and Machinery Act (FMA) 1967

• The FMA 1967 (Act 139) aims to control factories concerning the safety, health, and welfare of individuals and includes machinery registration and inspection.
• High-risk machinery, including boilers, unfired pressure vessels, and lifting equipment, requires certification and inspection by DOSH.
• All factories and machinery must be registered with DOSH before installation and operation.
• DOSH enforces 16 regulations under FMA 1967.

Environmental Quality Act 1974

• Aims to prevent, abate, and control pollution and enhance the environment.
• Divided into six parts: Preliminary, Administration, Licences, Prohibition and Control of Pollution, Appeal and Appeal Board, and Miscellaneous.
• The Director General of Environmental Quality and the Minister responsible for environmental protection share responsibilities related to environmental protection.

History of Occupational Safety and Health in Malaysia

• Occupational safety and health duties were first carried out in 1878 with the appointment of Mr. William Givan as Machinery Inspector.
• Initially, focus was on the inspection of boilers used in tin mines.
• Perak implemented an inspection system in the 1890s, licensing individuals to be Boiler Surveyors.
• The first legal boiler enactment, the Selangor Boiler Enactment, was passed in 1892.
• Perak followed with its own legislation in 1903.
• In 1908, the Federated Malay States introduced their own legislation for boilers.
• The Machinery Enactment of 1913 replaced previous boiler enactments, expanding the scope of inspection to include other machinery like internal combustion engines.
• The Machinery Enactment of 1932 further consolidated the inspection and registration of installations, with inspectors under the Mines Department.
• In 1952, the Machinery Branch separated from the Department of Mines and became the Machinery Department.
• The Machinery Ordinance 1953 replaced previous enactments, expanding the focus of inspectors to include workers' safety in factories.
• The Factories and Machinery Act 1967, passed in 1967 and enforced in 1970, replaced the Machinery Ordinance 1953 and expanded coverage to include all workers in factories, not just those working with machinery.
• The Occupational Safety and Health Act 1994 (Act 514) extended occupational safety and health coverage to other industries, including those not covered by the Factories and Machinery Act 1967.

Importance of Safety in the Workplace

• Prevents serious accidents causing injury, disability, illness, or death.
• Increases productivity, reduces staff turnover, and promotes lower staff absence due to sickness.
• Contributes to significant cost savings and good accident records.
• Minimizes compensation costs related to accidents and losses.
• Promotes a quality lifestyle, better work methods, and improved organizational performance.
• Increases work motivation and enhances employee commitment and loyalty.

Employer's Duty of Care

• Employers have a legal obligation to ensure the safety, health, and well-being of their employees.
• This duty of care includes:
  • Defining jobs clearly and undertaking risk assessments.
  • Ensuring a safe working environment.
  • Providing adequate training and feedback on performance.
  • Establishing incentive programs to promote safety.
  • Ensuring employees are not working excessive hours that may result in inadequate rest and recuperation.
  • Providing sufficient rest and relaxation areas.
  • Protecting employees from harassment or bullying from colleagues and third parties.
  • Protecting employees from discrimination.
  • Providing communication channels for employees to raise concerns.
  • Consulting employees on issues that concern them.

Employer's Practical Measures

• Employers should take practical measures to ensure:
  • Workplace infrastructure and equipment are safe.
  • Workers are instructed on the use of equipment and warned about risks.
  • Workers are aware of any poisonous materials present in the workplace.

Factories and Machinery Act 1967 (Act 139)

• Contains 67 sections divided into 15 parts and 3 schedules.
• The first three parts outline the Act's objectives and provide the framework for appointing officers and the National Council.
• Parts IV to VI outline general duties for those who create risks (e.g., employers, designers, manufacturers, suppliers) and those who work with risks (e.g., employees).

The Act's Objectives

• To ensure the safety, health, and welfare of persons at work against risks arising from their activities.
• To protect persons not at work from risks arising from the activities of those at work.
• To promote a work environment adapted to the physiological and psychological needs of employees.

This quiz covers key legislations like the Factories and Machinery Act 1967 and the Environmental Quality Act 1974 in Malaysia. It includes details on safety, health regulations, and pollution control. Test your knowledge of the structure and responsibilities outlined in these crucial environmental and occupational safety laws.