Factories and Machineries Act 1967 PDF
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This document details the Factories and Machineries Act 1967 in Malaysia, covering content, learning outcomes, introductions to its main parts, legal standing, and other related acts like Petroleum and Gas, Employment Act/SOCSO, and Fire Services Act. Also includes occupational accident statistics.
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Factories and Machineries Act 1967 CONTENT 6.1. Introductions of Main Parts of the FMA Act 1967 6.2. FMA Safety Regulations 6.3. Safety, Health and Welfare Regulation 6.4. FMA Health Regulations 6.4.1 Lead 6.4.2 Asbestos 6.4.3 Noise 6.4....
Factories and Machineries Act 1967 CONTENT 6.1. Introductions of Main Parts of the FMA Act 1967 6.2. FMA Safety Regulations 6.3. Safety, Health and Welfare Regulation 6.4. FMA Health Regulations 6.4.1 Lead 6.4.2 Asbestos 6.4.3 Noise 6.4.4 Mineral Dust 6.5. Other Acts Related to Safety and Health 6.5.1 Petroleum and Gas 6.5.2 Employment Act/SOCSO 6.5.3 Fire Services Act LEARNING OUTCOMES To identify the application of Factories and Machinery Act 1967 in Malaysia To introduce the FMA Safety Regulations, Safety, Health and Welfare Regulations and Health Regulations To explain other Acts related to safety and health 6.1 Introductions of Main Parts of the FMA Act 1967 Legal standing Act -General rules -endorsed by parliament Regulation -Details of act -endorsed by minister Orders - Directives which are mandatory Industry Code of Practice -Any code, standard, rule, - Specification related to OSH -approved by minister Guidelines -technical advisory document by national commission Detailed information No legal standing OCCUPATIONAL ACCIDENT STATISTICS BY SECTOR JANUARY - MARCH 2020 (Reported to DOSH only) Source:https://www.dosh.gov.my/index.php/statistic-v/occupational-accident-statistics-v/occupational-accident-statistic-2020 NATIONAL OCCUPATIONAL ACCIDENT AND FATALITY RATE Source: https://www.dosh.gov.my/index.php/statistic-v/national-occupational-accident-fatality-rate-v OBJECTIVES OF FMA The Factories and Machinery Act was enacted in 1967 as Act 64. It was revised on 1st April 1974 and amended to the Laws of Malaysia Act 139. The objectives of the Act are: 1. To provide for the control of factories with respect to matters relating to the safety, health and welfare of persons, 2. The registration and inspection of machineries. APPLICATION 15 APPLICATION 16 PART’S in FMA 1967 Part I : Preliminary Part II : Safety, Health and Welfare Part III : Person In Charge and Certificate of Competency Part IV : Notification of Accident, Dangerous Occurrence and Dangerous Disease Part V : Notice of Occupation of Factory and Registration and Use of Machinery Part VI : General – Schedule I : Dangerous occurrence – Schedule II : Serious bodily injury – Schedule III : Notifiable Occupational Disease PART 1: Preliminary Factory: a) There must be premises involved, the boundaries of which can be defined b) Within those premises there is manual labour going with one of the processes specified c) The processes or purposes must involve the making, altering, repairing, ornamenting, finishing, cleaning, washing, breaking up, demolition or adapting for sale of any article or part of an article d) The processes must be carried on by way of trade or for gain ( include government premises) PART 1: Preliminary Factory: e) Factory may be defined as any premises or part of a premises where trade for the purposes of gain to any business, where 5 or more persons employed. f) Factory covers all places of work using machinery including building operations and works of engineering construction. "building operation" the construction structural alteration repair or maintenance of a building demolition of a building preparation for and the laying of the foundation of an intended building Certificate of Competency vs. Certificate of Fitness "certificate of competency" means the holder is duly qualified to be in charge of machinery "certificate of fitness" means the machinery described has been inspected and satisfy the requirements the Act and "machinery" includes steam boilers, unfired pressure vessels, fired pressure vessels, pipelines, gas cylinders, gas holders, hoisting machines and tackle, prime movers, transmission machinery, driven machinery, materials handling equipment, amusement device or any other similar machinery and equipment for the casting, cutting, welding or electro- deposition of materials, for the spraying by means of compressed gas or air of materials or other materials, but does not include— (a) any machinery used for the propulsion of vehicles other than steam boilers or steam engines (b) any machinery driven by manual power other than hoisting machines (c) any machinery used solely for private and domestic purposes or (d) office machines 3 important machine components: "prime mover" means every engine, motor or appliance which provides mechanical energy "transmission machinery" means every device by which the motion of a prime mover or other source of mechanical power is transmitted to or received by any machine or appliance "driven machinery" includes any machine or appliance where motion is received from transmission machinery "hoisting machine" means any equipment for lifting raising or lowering load such as a lift escalator hoist crane dumbwaiter vertical conveyor lifter and mechanical loading ramp, transporter walkalator "hoist" meas a lifting machine other than a lift worked by mechanical power or not with: – a carriage – platform or – cage "guard“ vs. "guard rail" "guard" means a suitably supported materials – constructed solid or – mesh enclosure (either complete or partial) of metal or other material "guard rail" means a – railing of metal or wood – supported by stanchions, of strength and good construction "serious bodily injury" SECOND SCHEDULE SERIOUS BODILY INJURY [Section 3] 1. Emasculation. 2. Permanent privation of the sight of either eye. 3. Permanent privation of the hearing of either ear. 4. Privation of any member or joint. 5. Destruction or permanent impairing of the powers of any member or joint. 6. Permanent disfiguration of the head or face. 7. Fracture or dislocation of a bone. 8. Any hurt which endangers life, or which causes the sufferer to be, during the space of twenty days, in severe bodily pain, or unable to follow his ordinary pursuits. "dangerous occurrence" FIRST SCHEDULE Dangerous Occurrence. [Section 3] 1. Bursting of a vessel, wheel, grindstone or grinding wheel moved by mechanical power. 2. Collapse or failure of a crane, etc. or the overturning of a crane. 3. Explosion or fire or failure of structure affecting the safety or strength of place persons employed, or to any machinery or plant. 4. Explosion or failure of structure affecting the safety or strength of a steam boiler , an unfired pressure vessel, boiler water, etc "nuisance" any act omission or thing occasioning or likely to occasion injury annoyance offence harm, danger or damage to the sense of sight, smell or hearing or which is or is likely to be injurious or dangerous to health or property PART II SAFETY, HEALTH AND WELFARE There are 17 Sections Three sections related to safety, health and welfare: Section 10. Provisions relating to safety, etc. Section 22. Provisions relating to health. Section 25. Provisions relating to welfare. Section 10. Provisions Relating to Safety, etc 1. Foundations and floors in sufficient strength 2. Roofs with sufficient strength to carry loads 3. All floors are of safe construction 4. Ensure safe access to any place 5. Every opening are securely covered or securely fenced 6. All goods stored or stacked must; a) ensure its stability and prevented from collapse b) Not to interfere with: i. distribution of light, ventilation ii. operation of machinery iii. obstruction of passageways iv. functioning fire-fighting equipment Section 22. Provisions Relating to Health. Kept in a clean state Cleaned at times maximum number of persons be in the correct amount Adequate ventilation by the circulation of fresh air Securing and maintaining temperature for comfort Securing and maintaining sufficient and suitable lighting Sufficient and suitable sanitary conveniences Section 25. Provisions relating to welfare. 1. Adequate and suitable lockers for clothing 2. Proper arrangements for drying of clothing 3. Adequate supply of safe drinking water 4. Adequate and suitable facilities for washing 5. Provision of first-aid box or cupboard as prescribed 6. First-aid room provided when >150 persons employed PART II SAFETY, HEALTH AND WELFARE Other main sections related to safety, health and welfare: Section 14. Construction of machinery. Section 15. Dangerous parts of machinery. Section 16. Projecting material. Section 20. Duties of persons employed. PART II SAFETY, HEALTH AND WELFARE Section 14, 15 and 16. Machinery must be of sound construction and dangerous parts must be fenced Section 20. Duties of persons employed. i) Employees must not misuse safety and health equipment ii) Employees not to endanger himself or other person PART III PERSONS IN CHARGE AND CERTIFICATES OF COMPETENCY There are 6 Sections Three sections related to persons in charge and certificates of competency: Section 26. Training and supervision of inexperienced workers. – Machinery operators adequately trained or under supervision of a trained person Section 28. Young persons. – Young person (40m c) Other types of scaffolds >15m d) Concrete works such as: i. Formwork ii. Reshores e) Floor and stripping activities FMA (Building Operations and Works of Engineering Construction) (Safety) Regulations, 1986 7. Use of Approved Equipment a) Safety belt b) Safety net c) Safety helmet d) Electrical Installation (approved by the Chief Inspector) 8. Stipulates the types of: a) Runways and ramps to be used b) Ladder and step-ladders c) Scaffolds d) Hand and power tools Factories and Machineries Act 1967 6.4. FMA HEALTH REGULATIONS 6.4.1 Lead 6.4.2 Asbestos 6.4.3 Noise 6.4.4 Mineral Dust HEALTH REGULATIONS UNDER FMA 1967 OBJECTIVES OF HEALTH REGULATIONS UNDER FMA: ◼Prevent the occurrence of diseases due to excessive use and exposure to lead, asbestos, mineral dust and noise ◼Formulation of minimum standards to protect workers exposure HEALTH REGULATIONS STRATEGIES PROTECTION OF WORKERS BY: Reducing exposure using engineering controls, Determining ex p o su r e Identifying and assessing administrative procedures lim it s lev el o f ex p o su r e and personal protective equipments Ear ly d et ect io n o f Cr eat in g aw ar en ess d isease through health among workers through surveillance training and information HEALTH REGULATIONS UNDER FMA 1967 HEALTH REGULATIONS Factories and Factories and Factories and Factories and Machinery Machinery Machinery Machinery (Asbestos (Noise (Mineral (Lead) Process) Exposure) Dust) Regulations Regulations Regulations Regulations 1984 1986 1989 1989 HEALTH REGULATIONS UNDER FMA 1967 Important aspects of health regulations under FMA 1967: Competent persons Maintenance, inspection and testing of control equipments Approvals for monitoring and testing equipments Approvals for Personal Protective Equipment FMA 1967 PROVISION LD AP MD N Preliminary ✓ ✓ ✓ ✓ Permissible Exposure Limits ✓ ✓ ✓ ✓ Exposure Monitoring ✓ ✓ ✓ ✓ Compliance Methods ✓ ✓ ✓ ✓ Respiratory Protection ✓ Personal Protective Equipments ✓ Hrg Good Housekeeping ✓ ✓ ✓ Hygienic Practices and Facilities ✓ H&D/CR/L CR/L/S Medical Surveillance ✓ ✓ ✓ AuD Transfer of Medical Protection ✓ Training and Information to ✓ ✓ ✓ ✓ Workers Warning Signage ✓ ✓ ✓ ✓ Miscellaneous P P/NS P/SC P/SC LD- Lead; AP-Asbestos Process; MD-Mineral Dust; N-Noise; HRG-Hearing; H&D-Handling & Disposal; CR-Changing Room; S- Shower; L-Locker; AuD-Audiometric Test; P-Penalty; SC-Schedule Change; NS-No Smoking 6.4.1 Lead Lead Regulations, 1984 Factories and Machinery (Lead) Regulations 1984 REFER TO FMA 1967 https://www.dosh.gov.my/index.php/legislation /eregulations/regulations-under-factories-and- machinery-act-1967-act-139/510-07-factories- and-machinery-leads-regulations-1984/file Factories and Machinery (Lead) Regulations 1984 Arrangement of Regulations PART I – PRELIMINARY PART II - PERMISSIBLE EXPOSURE LIMIT PART III - EXPOSURE MONITORING PART IV - METHODS OF COMPLIANCE PART V - RESPIRATORY PROTECTION PART VI - PROTECTIVE WORK CLOTHING AND EQUIPMENT PART VII – HOUSEKEEPING PART VIII - HYGIENE FACILITIES AND PRACTICES PART IX - MEDICAL SURVEILLANCE PART X - MEDICAL REMOVAL PROTECTION PART XI - EMPLOYEE INFORMATION AND TRAINING PART XII – SIGNS PART XIII - RECORD KEEPING PART XIV - MISCELLANEOUS Factories and Machinery (Lead) Regulations 1984 PART I – PRELIMINARY Action level means employee exposure, without regard to the use of respirator, to an airborne concentration of lead of seventy-five micrograms per cubic meter of air (75µgm/m3 ) averaged over an eight-hour period Lead burning means the melting of lead by any oxygen gas flame or otherwise for the purpose of inducing the metal to flow Lead process means any manufacturing process involving the use or handling of lead, and without affecting the generality of the foregoing definition includes: (a) the smelting of ores containing lead; (b) lead burning; (c) the melting or casting of lead; (d) buffing; and (e) the manipulation, movement or other treatment of lead in particulate or molten form; Factories and Machinery (Lead) Regulations 1984 PART I – PRELIMINARY Section 3. APPLICATION. ❑ Apply all factories processes where lead is used ❑ Does not apply on construction sites or works of engineering construction Section 4. OBLIGATION. ❑ It is the duty of every employer who is engaged in any lead process to comply with these Regulations in relation to any person employed by him in any plant or material under his control, in any factory or part of a factory ❑ It is the duty of each employee to comply with these Regulations PHYSICAL PROPERTIES ❑ Silver-bluish white ❑ Heavy metal ❑ Melting point 327 oC ❑ Vaporized > 500 oC FORM ❑ Inorganic ❑ Organic EXPOSURE ❑ Battery, cable ❑ Plastic, painting ❑ Welding & soldering ❑ Melting ore containing lead ❑ Ceramic & glass HEALTH EFFECTS ❑ Anaemia ❑ Effect the nervous system ❑ Teratogen https://www.youtube.com/watch?v=rwi3tBONzgM Factories and Machinery (Lead) Regulations 1984 PART II– PERMISSIBLE EXPOSURE LIMIT Section 5. PERMISSIBLE EXPOSURE LIMIT (PEL). ❑ PEL = 150 microgramme/m3 8 hour average ❑ Action level = 75 µg/m³ 8 hour average Section 6. PEL FOR EXPOSURE GREATER THAN EIGHT HOURS. ❑ If working hours is other than 8 hours, PEL (µg/m3) work for the day = 1200 total working hours per day Section 7. PEL WHEN USING RESPIRATORS. ❑ Respirators are used to supplement engineering and work practice controls to comply with the PEL of these Regulations Factories and Machinery (Lead) Regulations 1984 PART III– EXPOSURE MONITORING Section 9. BASIS FOR INITIAL DETERMINATION. ❑ Employer shall base initial determinations of employee exposure based on: (a) any information, observations, or calculations which would indicate employee exposure to lead; (b) measurements of airborne lead made in the preceding year if the sampling and analytical methods used meet the accuracy and confidence levels; (c) any employee's complaints of symptoms which may be attributable to exposure to lead. ❑ Monitoring limited to employee who exposed to the greatest airborne concentration of lead in the workplace Section 10. POSITIVE INITIAL DETERMINATION. ❑ Any employee exposure to lead at or above the action level, the employer shall conduct employee exposure monitoring which is representative of the exposure for each and every employee engaged in the workplace which is exposed to lead. Factories and Machinery (Lead) Regulations 1984 PART III– EXPOSURE MONITORING Section 11. NEGATIVE INITIAL DETERMINATION. ❑ No employee is exposed to airborne concentrations of lead at or above the action level, the employer make a written record of such determination which include at least the information specified in regulation 9, date of determination, location within the worksite, and the name, identity card number and social security number, if any, of each employee monitored Section 12. ADDITIONAL MONITORING. ❑ Whenever there has been a production, process, control or personnel change which may result in new or additional exposure to lead, additional monitoring shall be conducted. Factories and Machinery (Lead) Regulations 1984 PART IV - METHODS OF COMPLIANCE Section 16 – Section 19. ❑ Specify the requirement for; ❖ Engineering and work practice controls – measurement of effectiveness of ventilation shall be made at least every 3 months ❖ If cannot reduce exposure using engineering control - Respiratory protection provided ❖ Mechanical ventilation and recirculation of air Factories and Machinery (Lead) Regulations 1984 PART IV - METHODS OF COMPLIANCE Section 16 – Section 19. ❑ Specify the requirement for; ❖ Administrative control – job rotation schedule Factories and Machinery (Lead) Regulations 1984 PART V - RESPIRATORY PROTECTION Section 21 - 23. ❑ The provision of: ❖ Respirator selection ❖ Respirator and usage and the requirements maintenance of the PPE ❖ Respiratory programme PART VI - PROTECTIVE WORK CLOTHING AND EQUIPMENT Section 24. PROVISION AND USE. ❑ Uses appropriate protective work clothing and equipment but not limited to: (a) coveralls or similar full-body work clothing; (b) gloves, hats and shoes or disposable shoe coverlets; and (c) face shield, vented goggles, or other appropriate protective equipments approved by the Chief Inspector. Factories and Machinery (Lead) Regulations 1984 PART VI - PROTECTIVE WORK CLOTHING AND EQUIPMENT Section 25. CLEANING AND REPLACEMENT. ❑ Provide the protection clothing in a clean an dry condition at least weekly, and daily to employee whose exposure levels without regard to the use of a respirator are over three hundred microgram per cubic meter (300 µgm/m3) of lead as an eight-hour TWA ❑ Cleaning, laundering, or disposal of protective clothing and equipment required ❑ Repair or replace required protective clothing and equipment to maintain their effectiveness ❑ All protective clothing is removed at the completion of a work shift only in change rooms ❑ Contaminated protective clothing which is to be cleaned, laundered, or disposed of, is placed in a closed container in the change room which prevents dispersion of lead outside the container ❑ Inform in writing any person who cleans or launders protective clothing or equipment of the potentially harmful effects of exposure to lead ❑ Containers of contaminated protective clothing are labeled as follows: CAUTION: CLOTHING CONTAMINATED WITH LEAD. DO NOT REMOVE DUST BY BLOWING OR SHAKING. DISPOSE OF LEAD CONTAMINATED WASH WATER IN ACCORDANCE WITH GOVERNMENT REGULATIONS. ❑ Prohibit the removal of lead from protective clothing or equipment by blowing, shaking, or any other means which disperses lead into the air Factories and Machinery (Lead) Regulations 1984 PART VII – HOUSEKEEPING Section 26 – 28. SURFACES, CLEANING FLOORS AND VACUUMING. ❑ General provision for ensuring cleanliness of the work area Factories and Machinery (Lead) Regulations 1984 PART VIII - HYGIENE FACILITIES AND PRACTICES Section 29 - 32. GENERAL, CHANGE ROOMS, SHOWERS AND LUNCH ROOMS. ❑ Clean floor from contaminants ❑ Cleaning should be using vacuum cleaner ❑ Use of compressed air is prohibited Factories and Machinery (Lead) Regulations 1984 PART IX - MEDICAL SURVEILLANCE Section 34. BIOLOGICAL MONITORING OF BLOOD LEAD SAMPLING AND ANALYSIS. ❑ If exposed > 30 days per year ❑ Frequency of Blood Lead test, every: ❖ 6 months ❖ 3 months if 40-60µg/100g blood ❖ 1 month if 60-80 µg/100g blood ❖ 1 month if in period of medical transfer ❖ 1 month for women who are able to conceive Section 38. MEDICAL EXAMINATION FREQUENCY. ❑ Medical surveillance is conducted: ❖ Every 1 year if < 40µg/100g blood ❖ Before being assigned to a work area where air concentration ≥ action level ❖ There are signs of symptoms of poisoning ❖ Every worker in the medical transfer if required by a doctor Factories and Machinery (Lead) Regulations 1984 PART X – MEDICAL REMOVAL PROTECTION Section 41. TEMPORARY REMOVAL DUE TO ELEVATED BLOOD LEAD LEVELS. ❑ Worker should be removed/transferred ❖ If blood lead tests show ▪ ≥ 80µg/100g blood ▪ average 3 latest tests ≥ 73µg/100g blood ▪ ≥ 40µg/100g blood for women who are able to conceive, or ❖ Health of the worker may be affected based on results/medical opinion Factories and Machinery (Lead) Regulations 1984 PART XI - EMPLOYEE INFORMATION AND TRAINING Employer shall establish a training programme for all employees who are subjected to exposure to lead. Training content shall include; Legal requirements Risk nature Control measures Factories and Machinery (Lead) Regulations 1984 PART XIII - RECORD KEEPING Section 49. EXPOSURE MONITORING RECORD. ❑ Monitoring records should be maintain for at least 2 years Section 50. MEDICAL SURVEILLANCE. ❑ All records shall be maintained for as long as the employee is being employed and shall be transmitted to the Chief Inspector within three months after termination of the employee's employment Section 51. MEDICAL REMOVAL. ❑ Medical removal record for at least the duration of an employee's employment. Factories and Machinery (Lead) Regulations 1984 PART XIV - MISCELLANEOUS Section 54. PENALTIES. ❑ Upon conviction, fine not exceeding RM2,000.00 6.4.2 Asbestos Asbestos Process Regulations, 1986 Factories and Machinery (Asbestos Process) Regulations 1986 REFER TO FMA 1967 https://www.dosh.gov.my/index.php/legislation /eregulations/regulations-under-factories-and- machinery-act-1967-act-139/509-05-factories- and-machinery-asbestos-regulations-1986/file Factories and Machinery (Asbestos Process) Regulations 1986 Arrangement of Regulations PART I - PRELIMINARY PART II - PERMISSIBLE EXPOSURE LIMIT PART III - EXHAUST EQUIPMENT AND EMPLOYEE PROTECTION PART IV - HOUSEKEEPING PART V-HANDLINGANDDISPOSAL PART VI - MEDICAL EXAMINATIONS PART VII - MONITORING FOR ASBESTOS DUST EXPOSURE PART VIII - CHANGE ROOMS, LOCKERS AND SHOWER FACILITIES PART IX - EMPLOYEE INFORMATION AND TRAINING PART X - RECORD KEEPING PART XI - MISCELLANEOUS Factories and Machinery (Asbestos Process) Regulations 1986 PART I – PRELIMINARY Asbestos means crocidolite, amosite, chrysotile, fibrous anthophyllite, tremolite or actinolite Prescribed area means an asbestos processing area in which it would not be practicable for an asbestos process to be carried on if exhaust equipment were provided Prescribed work means the cleaning (including the emptying of dust collectors), inspection, examination, or testing of any processing area or any plant, equipment, furniture or fittings in such an area or used in any asbestos process, or the removal of asbestos dust EXPOSURE ❑ Bricks ❑ Flooring tiles ❑ Pipes ❑ Pumps ❑ Boilers HEALTH EFFECTS ❑ Chronic obstructive ❑ Asbestosis ❑ Cancer – Lung cancer, mesothelioma, colon and etc. ❑ Pleural plaques Factories and Machinery (Asbestos Process) Regulations 1986 PART I – PRELIMINARY Section 3. APPLICATION. ❑ Apply all factories in which any asbestos process is used ❑ Does not apply on construction sites or works of engineering construction Section 4. PROHIBITION OF USE OF CROCIDOLITE IN MANUFACTURING PROCESS. ❑ Crocidolite (blue asbestos) shall not be used in any manufacturing process in any factory Factories and Machinery (Asbestos Process) Regulations 1986 PART II - PERMISSIBLE EXPOSURE LIMIT Section 5. PERMISSIBLE EXPOSURE LIMIT. ❑ No employee shall be exposed to asbestos dust at concentration greater that one fibre per milliliter of air average over eight-hour period Factories and Machinery (Asbestos Process) Regulations 1986 PART III - EXHAUST EQUIPMENT AND EMPLOYEE PROTECTION Section 6. EXHAUST EQUIPMENT TO BE PROVIDED. ❑ Asbestos process cannot be carried unless, an exhaust equipment is provided ❑ The exhaust equipment provided: (a) comply with the regulation 5; and (b) shall be operated at all times while such machinery or plant is in operation, and for such time thereafter as is necessary to comply with the regulation ❑ The dust collector of the exhaust equipment: (a) be installed in an enclosure or enclosures so that ingress into it or them of unauthorized persons is precluded, and the enclosure or enclosures shall be so designed as to prevent, so far as is practicable (b) whenever a leakage occurs, be replaced or so repaired as to prevent such further leakage; and (c) not be emptied, cleaned, agitated or reconditioned except by mechanical means Factories and Machinery (Asbestos Process) Regulations 1986 PART III - EXHAUST EQUIPMENT AND EMPLOYEE PROTECTION Section 7. INSPECTION OF EXHAUST EQUIPMENT. ❑ The exhaust equipment provided: (a) inspected by a competent person at least once in every seven days, and (b) thoroughly examined and tested by a competent person at intervals not longer than three months. ❑ Competent person making an inspection in, shall make a report to the occupier of the fact of an matters disclosed by the inspection, examination or test; and every such report shall be kept in the factory for a period at least two years Factories and Machinery (Asbestos Process) Regulations 1986 PART III - EXHAUST EQUIPMENT AND EMPLOYEE PROTECTION Section 8. PROTECTION OF EMPLOYEES ARE NOT ENGAGED IN PRESCRIBED AREA OR PRESCRIBED WORK. ❑ Provisions shall be made in a factory by means of screens or partitions, or by other suitable means, to ensure so far as is practicable, that asbestos dust: (a) in a prescribed area in the factory; or (b) arising from prescribed work done in the factory, does not enter the breathing air of any employee not engaged in such area or such work Factories and Machinery (Asbestos Process) Regulations 1986 PART IV - HOUSEKEEPING Section 11. CLEANING. ❑ All: (a) machinery, apparatus, work benches and other plant and equipment used in a factory for the purposes of an asbestos process; (b) external surfaces of exhaust equipment and vacuum cleaning; (c) floors, inner walls, ceilings (or where there is no ceiling, the inside part of the roof) of, and fittings and furniture, in asbestos processing areas. ❑ The cleaning shall be done if: (a) those parts of a floor where asbestos dust and waste that contains or may contain loose asbestos fibres could reasonably be expected to accumulate, at least once in each day on which an asbestos process is carried on; (b) the walls, ceiling and the inside parts of a roof, within twelve months, or other approved period, and thereafter at intervals of not more than twelve months; (c) workbenches, forthwith after the cessation of each shift or period of work in an asbestos process Factories and Machinery (Asbestos Process) Regulations 1986 PART V - HANDLING AND DISPOSAL Section 12. HANDLING AND DISPOSAL OF ASBESTOS MATERIAL. ❑ No asbestos material shall be dispatched or be kept in a factory or warehouse, unless it is in a receptacle from which asbestos dust cannot escape or it is being transported within the factory in a totally enclosed system of conveyance. ❑ No asbestos material shall be disposed of as waste within a factory except in approved manner. ❑ All receptacles containing asbestos material in a factory shall be labeled as follows: CAUTION-HANDLE WITH CARE CONTAINS ASBESTOS MATERIAL AVOID CREATING DUST Factories and Machinery (Asbestos Process) Regulations 1986 PART VI – MEDICAL EXAMINATIONS Section 13. MEDICAL EXAMINATIONS. ❑ The occupier provide at his cost, medical examinations to any employee who in the course of his normal employment in the factory is present, whether continuously or not, in an asbestos processing area. ❑ Arrange for each such employee to undergo medical examination: (a) within 90 days from the day on which these Regulations come into force, or in the period of 30 days from the first day of work (b) not exceeding 2 years Section 14. CONTENTS OF MEDICAL EXAMINATIONS. ❑ Medical examination by a registered medical practitioner includes: ❖ a chest x- ray (posterior-anterior, 350 mm by 430 mm) ❖ the taking of a statement of the medical, occupational and smoking history of the person examined ❖ a clinical examination and pulmonary function tests, including the testing of forced vital capacity and forced expiratory volume at one second Factories and Machinery (Asbestos Process) Regulations 1986 PART VI – MEDICAL EXAMINATIONS Section 16. FURTHER EXAMINATION OR TESTS. ❑ Registered medical practitioner shall notify the occupier if a further medical examination or any special diagnostic test are desirable, and the occupier shall make arrangements for further examination or test Factories and Machinery (Asbestos Process) Regulations 1986 PART VII - MONITORING FOR ASBESTOS DUST EXPOSURE Section 19. PERSONAL MONITORING. ❑ The occupier carry out personal monitoring, as specified by the Chief Inspector from time to time Factories and Machinery (Asbestos Process) Regulations 1986 PART VIII - CHANGE ROOMS, LOCKERS AND SHOWER FACILITIES Section 20. CHANGE ROOMS, LOCKERS AND SHOWER FACILITIES. ❑ The occupier provide for every employee for whom protective clothing and respiratory protective equipment: (a) a conveniently accessible change room, and in that room, for every employee: ✓ a clothes locker for the storage of street clothes ✓ a separate locker for the storage of protective clothing and respiratory protective equipment (b) a shower room which shall be attached to the change room Factories and Machinery (Asbestos Process) Regulations 1986 PART IX - EMPLOYEE INFORMATION AND TRAINING Section 22. TRAINING PROGRAMME. ❑ The occupier shall institute a training programme who are exposed to asbestos dust. ❑ Ensure that during the training programme, each employee is informed: (a) the provisions of these Regulations (b) the specific nature of the operations which can result in exposure to asbestos dust (c) the purpose, proper selection, fitting, use and limitations of respirators (d) the purpose and a description of the medical surveillance programme, including information concerning the adverse health effects associated with exposure to asbestos dust (e) engineering controls and work procedures associated with the employees' job assignments. Factories and Machinery (Asbestos Process) Regulations 1986 PART X - RECORD KEEPING Section 23. MEDICAL REPORTS. ❑ Keep in the factory in good condition, the reports and x-ray photographs furnished by the registered medical practitioner for the period of employment of the employee and at least 20 years ❑ Records shall be transmitted to the Chief Inspector if the occupier ceases operation PART XI - MISCELLANEOUS Section 28. PENALTY ❑ Upon conviction, fine not exceeding RM2,000.00 https://www.youtube.com/watch?v=rGh_OuGRnp4 6.4.3 Noise Noise Exposure Regulations, 1989 Factories and Machinery (Noise Exposure) Regulations 1989 REFER TO FMA 1967 https://www.dosh.gov.my/index.php/legislation /eregulations/regulations-under-factories-and- machinery-act-1967-act-139/507-03-factories- and-machinery-noise-exposure-regulations- 1989/file Factories and Machinery (Noise Exposure) Regulations 1989 Arrangement of Regulations PART I – PRELIMINARY PART II - PERMISSIBLE EXPOSURE LIMIT PART III - EXPOSURE MONITORING PART IV - METHODS OF COMPLIANCE PART V - HEARING PROTECTION DEVICES PART VI - AUDIOMETRIC TESTING PROGRAMME PART VII - EMPLOYEE INFORMATION AND TRAINING PART VIII -WARNING SIGNS PART IX -RECORD KEEPING PART X - MISCELLANEOUS Factories and Machinery (Noise Exposure) Regulations 1989 PART I – PRELIMINARY Action level means equivalent continuous sound level of 85 dB(A) or daily noise dose equal to 0.5 Ambient noise means the all - encompassing noise associated with a given environment, being usually a composite of sound levels from many sources near and far A-weighted sound level means sound level measured with an instrument which is incorporated with an electrical network having the characteristics specified in the International Electrotechnical Commission (IEC), Publication 179 Continuous noise means noise which has negligibly small fluctuations of sound level within the period of observation Equivalent continuous sound level means the sound level that would produce a give n daily noise dose if an employee were exposed to the sound level continuously over an 8- hour workday Factories and Machinery (Noise Exposure) Regulations 1989 PART I – PRELIMINARY Intermittent noise means a sound level which suddenly drops to the ambient level several times during the period of observation and the time during which the level remains at a constant value different from that of the ambient level being of the order of one second or more Noise dosimeter means an instrument that integrates a function of sound pressure over a period of time in such a manner that it directly indicates a daily noise dose Noise level means sound level Sound level meter means an instrument for measurement of sound level Sound level means ten times the common logarithm of the ratio of the square of the measured A - weighted sound pressure to the square of the standard reference pressure of 20 micropascals Factories and Machinery (Noise Exposure) Regulations 1989 PART I – PRELIMINARY Section 3. APPLICATION. ❑ Apply all factories in which persons are employed in any occupation involving exposure to excessive noise level in the workplace Section 4. OBLIGATION OF OCCUPIER AND EMPLOYEE. ❑ It is the duty of every occupier to comply with these Regulations ❑ Every employee shall: (a) co-operate with the occupier by wearing a noise dosimeter during employee exposure monitoring (b) wear and make full and proper use of the hearing protection device provided for his use (c) attend for and undergo audiometric testing or any medical examination or test arranged by the occupier (d) attend employee information and training programmes conducted by the occupier. EXPOSURE ❑ Construction site ❑ The use of heavy machinery ❑ Workplace transport ❑ Electrical tools such as circular saws and cutter heads ❑ Production lines HEALTH EFFECTS ❑ Noise-induced hearing loss ❑ Tinnitus https://www.youtube.com/watch?v=Q6W-NEDOD-I Factories and Machinery (Noise Exposure) Regulations 1989 PART II - PERMISSIBLE EXPOSURE LIMIT Section 5. PERMISSIBLE EXPOSURE LIMIT. ◼ 90 dBA for 8 hour exposure ◼ Limits are listed in the First Schedule ❖ Applicable Changing Rate - 5 Db ❖ Each additional 5 dB, half a dose ◼ Does not exceed the maximum limit of 115 dBA at any time ◼ Does not exceed 140 dB impulsive noise at peak level ◼ Dose for action level is 0.5 Factories and Machinery (Noise Exposure) Regulations 1989 PART III - EXPOSURE MONITORING Section 9. INITIAL EMPLOYEE EXPOSURE MONITORING. ❑ Sampling of workers suspected of high exposure within six months ❑ Limited to one or more representative employee or employees from a particular group of employees performing the same work/workplace, who the occupier reasonably believes is or are exposed to noise level representative of the group of employees Section 10. POSITIVE INITIAL EMPLOYEE EXPOSURE MONITORING. ❑ Exposure Monitoring: Frequency (initial monitoring ≥ action level) ❖ Depends on the level of exposure ◼ every 6 months Factories and Machinery (Noise Exposure) Regulations 1989 PART III - EXPOSURE MONITORING Section 11. NEGATIVE INITIAL EMPLOYEE EXPOSURE MONITORING. ❑ No employee is exposed to noise level at ≥ action level, so need not determine noise exposure levels for every employee Section 12. ADDITIONAL MONITORING. ❑ Whenever there has been a production, process, equipment, control measures or personnel change in the factory, the occupier shall conduct additional monitoring within six months Section 13. EMPLOYEE NOTIFICATION. ❑ Exposure monitoring results should be notify to the employee within 2 weeks Factories and Machinery (Noise Exposure) Regulations 1989 PART IV – METHODS OF COMPLIANCE Section 15. ENGINEERING AND ADMINISTRATIVE CONTROL. ❑ Engineering control as far as is reasonably practicable ❑ Administrative control ❑ OR BOTH OF THE ABOVE Factories and Machinery (Noise Exposure) Regulations 1989 PART V - HEARING PROTECTION DEVICES Section 17. GENERAL. ❑ Hearing protection device provided shall: (a) correctly fit the employee (b) be compatible with the job requirement of the employee (c) not prejudice the health of the employee Section 17. HEARING PROTECTION DEVICE ATTENUATION. ❑ A hearing protection device provided shall attenuate employee exposure to noise level below the limits prescribed in regulations 5 and 6 ❑ Hearing protection devices provided shall attenuate employee exposure to noise level below the action level. Factories and Machinery (Noise Exposure) Regulations 1989 PART VI - AUDIOMETRIC TESTING PROGRAMME Section 20. GENERAL ❑ An audiometric test shall: ❖ be conducted by a technician under the supervision of a registered medical practitioner ❖ be preceded by a period of quiet of at least 14 hours ❖ be carried out in a room with background noise level meeting the requirements specified in the Second Schedule ❖ be of pure tone, air conduction, with test frequencies including 500, 1000, 2000, 3000, 4000 and 6000 Hz taken separately for each ear Factories and Machinery (Noise Exposure) Regulations 1989 PART VI - AUDIOMETRIC TESTING PROGRAMME Section 21. BASELINE AUDIOGRAM AND OCCUPATIONAL AND MEDICAL HISTORY RECORD. ❖ A valid baseline audiogram against which subsequent audiograms shall be compared ❖ A record of the medical and occupational history, for every employee within 12 months or 6 months from the day the employee commences work. Factories and Machinery (Noise Exposure) Regulations 1989 PART VI - AUDIOMETRIC TESTING PROGRAMME Section 22. FREQUENCY Of AUDIOMETRIC TESTING ❑ After obtaining the baseline audiogram of an employee, repeat the audiometric test on the employee ❖ every year for a n employee exposed to noise level ≥ the limit ❖ every year for an employee whose baseline audiogram shows a hearing impairment, or where his annual audiogram shows a standard threshold shift ❖ once in every two years for an employee exposed to noise level at or above the action level but less than the limits Section 23. RETEST ❑ Retest the employee within 3 months from the date of the last audiometric test. Factories and Machinery (Noise Exposure) Regulations 1989 PART VII - EMPLOYEE INFORMATION AND TRAINING Section 27. TRAINING. ❑ Provide a training programme ❑ During the training programme each employee is informed: (a) the provisions of these Regulations (b) the effects of noise on hearing (c) the purpose of hearing protection devices, the advantages, disadvantages and attenuation of various types of hearing protection devices, and instructions on their selection, fitting, u se and care (d) the purpose of an audiometric testing and an explanation of the test procedures. ❑ The training programme shall be repeated at least once in every 2 years. Factories and Machinery (Noise Exposure) Regulations 1989 PART IX - RECORD KEEPING Section 29. EXPOSURE MONITORING RECORDS. ❑ Establish and maintain an accurate record of all exposure monitoring which include: (a) the name of the employee and the daily noise dose (b) the location, date and time of measurement and the noise level obtained (c) the type, model and date of calibration of the noise measuring equipment. ❑ Exposure monitoring records maintain for as long as the employee is employed. Section 30. AUDIOMETRIC TEST RECORDS. ❑ Keep an accurate record of all employee audiograms which include: ❖ the name and job location of the employee ❖ the date of the audiogram; ❖ the name of the person conducting the test; ❖ the model, make and serial number of the audiometric testing equipment; ❖ the date of the last calibration of the audiometric testing equipment. ❑ Audiometric test records shall be retained for 5 years. Factories and Machinery (Noise Exposure) Regulations 1989 PART X - MISCELLANEOUS Section 34. PENALTY ❑ Upon conviction, fine not exceeding RM1,000.00 6.4.4 Mineral Dust Mineral Dust Regulations, 1989 Factories and Machinery (Mineral Dust) Regulations 1989 REFER TO FMA 1967 https://www.dosh.gov.my/index.php/legislation /eregulations/regulations-under-factories-and- machinery-act-1967-act-139/506-04-factories- and-machinery-mineral-dust-regulations- 1989/file Factories and Machinery (Mineral Dust) Regulations 1989 Arrangement of Regulations PART I – PRELIMINARY PART II - PERMISSIBLE EXPOSURE LIMIT PART III - EXPOSURE MONITORING PART IV - METHODS OF COMPLIANCE PART V - PERSONAL PROTECTIVE EQUIPMENT PART VI - HOUSEKEEPING PART VII - MEDICAL EXAMINATIONS PART VIII - CHANGING ROOMS AND LOCKERS PART IX - EMPLOYEE INFORMATION AND TRAINING PART X - RECORD KEEPING PART XI - WARNING SIGNS PART XII - MISCELLANEOUS Factories and Machinery (Mineral Dust) Regulations 1989 PART I – PRELIMINARY Define the terminology of "action level”, "mineral dust", "crystalline silica“, "respirable dust“, "permissible exposure limit", etc Factories and Machinery (Mineral Dust) Regulations 1989 Section 3. APPLICATION. All factories where there are processes using mineral dust. MINERAL DUST PROCESS: Manufacturing process involving use of mineral dust Section 5. SAND BLASTING. Sand blasting process shall not be used in any factory unless with written approval from the Chief Inspector Video of Sand Blasting https://www.youtube.com/watch?v=upqgnYpfKY0 Factories and Machinery (Mineral Dust) Regulations 1989 M I N ER AL DUST Barite Graphite Perlite Clay Gypsum Portland Cement Coal Kaolin Potash Corundum Kyanite Quartz Cristobalite Limestone Soapstone Diatomite Magnesite Talc (free of Emery Marble asbestos fibre) Feldspar Mica Tridymite Garnet Mineral wool EXPOSURE ❑ Minerals and rocks ❑ Winning ❑ Working and processing ❑ Foundry ❑ Quarry ❑ Stonemasons (stonemasons qork contains silica) HEALTH EFFECTS ❑ Dyspnea (shortness of breath) ❑ Loss of appetite and weight loss (Anorexia) ❑ Chest pain ❑ Fatigue ❑ Silicosis (long term lung disease) ❑ Cyanosis, pale along upper parts of body and etc Factories and Machinery (Mineral Dust) Regulations 1989 PART II – PERMISSIBLE EXPOSURE LIMIT Stipulate the exposure limit in both normal breathing condition and wearing respiratory protection Factories and Machinery (Mineral Dust) Regulations 1989 Section 6. PERMISSIBLE EXPOSURE LIMIT. ❖ Dust that contain Silica