FACTORIES AND MACHINERY ACT 1967

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 139 FACTORIES AND MACHINERY ACT 1967 As at 1 August 2016 2 FACTORIES AND MACHINERY ACT 1967 … … … … 1967 (Act No. 64 of 1967) … … … … 1974 (Act 139 w.e.f. 1 July 1974) English text to be authoritative … … P.U. 31/1968 First enacted Revised … Latest amendment made by Act A1268 which came into operation on … … … … … 1 January 2007 PREVIOUS REPRINTS First Reprint … … … 1977 Second Reprint … … … 2000 Third Reprint … … … 2006 3 LAWS OF MALAYSIA Act 139 FACTORIES AND MACHINERY ACT 1967 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation of “factory” 3. Interpretation: general 4. Appointment of officers 5. Supervision of officers 6. Officers are public servants 7. Powers of an Inspector 7A. Entry into premises with a search warrant and the power of seizure 7B. Entry into premises without a search warrant and the power of seizure 7 C. Service of list of things seized 7D. Appointment, powers and duties of a licensed person 7E. Revocation of licence 7F. Granting of new licence upon revocation 8. Obstruction an offence 9. Confidentiality of information PART II SAFETY, HEALTH AND WELFARE 10. Provisions relating to safety, etc. 4 Laws of Malaysia ACT 139 Section 11. Persons exposed to explosive, inflammable, etc., substances 12. Lifting of weights 13. Provisions against fire 14. Construction of machinery 15. Dangerous parts of machinery 16. Projecting material 17. Machinery for hire or sale must comply with regulations 18. Machinery manufactured or repaired must comply with regulations 19. Certificate of fitness 19A. Power to revoke certificate of fitness obtained by way of fraud or misrepresentation 20. Duties of persons employed 21. Duties of occupier 22. Provisions relating to health 23. Exposure to elements 24. Personal protective clothing and appliances 25. Provisions relating to welfare PART III PERSON IN CHARGE AND CERTIFICATES OF COMPETENCY 26. Training and supervision of inexperienced workers 27. Chief Inspector may make orders in circumstances 28. Young persons 29. Certain machinery not to be operated without certificated staff 29A. Machinery not to be manufactured, etc., without written authority 30. Panel of Examiners and Board of Appeal PART IV NOTIFICATION OF ACCIDENT, DANGEROUS OCCURENCE AND DANGEROUS DISEASES 31. Accidents and dangerous occurrence to be reported Factory and Machinery Section 32. Notification of occupational diseases 33. Investigation and enquiries PART V NOTICE OF OCCUPATION OF FACTORY, AND REGISTRATION AND USE OF MACHINERY 34. Operation of factory 35. Building operations or works of engineering construction 36. Installation of machinery, etc. 37. Application for registration 38. Register 39. Moving or alteration of or addition to machinery to be approved 40. Periodical inspections 41. Questions for decision by an Inspector and appeals from such decision 42. Report of changes, etc. 43. Machinery or factory no longer in use 44. Notice of sale, hire or transfer 45. Copy of report of enquiry may be supplied 46. Powers of the Chief Inspector and Senior Inspectors at enquiries PART VI GENERAL 47. Criminal or civil liability unaffected 47A. Protection against personal liability 48. Fees 49. Chief Inspector’s powers 50. Offences 51. Penalties 51A. Jurisdiction to try offences 52. Institutions of prosecutions 52A. Power to compound offences 5 6 Laws of Malaysia Section 53. Power to modify agreements 54. Power to apportion expenses 55. Exemptions 56. Regulations 57. Medical supervision 58. Repeal 59. Amendment of Schedule FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE ACT 139 7 LAWS OF MALAYSIA Act 139 FACTORIES AND MACHINERY ACT 1967 An Act to provide for the control of factories with respect to matters relating to the safety, health and welfare of person therein, the registration and inspection of machinery and for matters connected therewith. [1 February 1970, P.U. (B) 5/1970] PART I PRELIMINARY Short title 1. (1) (2) This Act may be cited as the Factories and Machinery Act 1967. (Omitted). (3) The Minister may by order suspend* the operation of the whole or any of the provisions of this Act in any State and may at any time thereafter remove the suspension. Interpretation of “factory” 2. (1) In this Act, unless the context otherwise requires, “factory” means any premises or part of a premises where— (a) within the close or curtilage or precincts of the premises or part thereof persons are employed in manual labour in any process for or connected with or incidental to the making, altering, * NOTE—Operation of this Act in Sabah and Sarawak suspended—see [P.U. (B) 6/1970]. Suspension removed in respect of Sabah and Sarawak w.e.f. 1 July 1980—see [P.U. (B) 321/1980]. 8 Laws of Malaysia ACT 139 repairing, ornamenting, sorting, finishing, cleaning, washing, breaking, demolishing, constructing, reconstructing, fitting, refitting, adjusting or adapting of any article or part thereof; and (b) the said work is carried on by way of trade for the purposes of gain or incidentally to any business so carried on, and (whether or not they are factories by reason of the foregoing definition) the expression factory also includes the following premises in which persons are employed in manual labour: (i) any yard or dry dock (including the precincts thereof) in which ships or vessels are constructed, reconstructed, repaired, refitted, finished or broken up; (ii) any premises in which the business of washing or filling bottles or containers or packing articles is carried on incidentally to the purposes of any factory; (iii) any premises in which the business of hooking, plaiting, lapping, making-up or packing of yarn or cloth is carried on; (iv) any laundry carried on as ancillary to another business or incidentally to the purposes of any public institution; (v) any premises in which the construction, reconstruction, or repair of locomotives, vehicles or other plant for use for transport purposes is carried on ancillary to a transport undertaking or other industrial or commercial undertaking; (vi) any premises in which printing by letter press, lithography, photogravure, or other similar process, or bookbinding is carried on by way of trade or for purposes of gain or incidentally to another business so carried on; (vii) any premises in which the production of cinematograph films is carried on by way of trade or for purposes of gain; (viii) any premises in which manual labour is employed and mechanical power is used in connection with the making or Factory and Machinery 9 repair of any article of metal or wood incidentally to any business carried on by way of trade or for purposes of gain; (ix) any premises used for the storage of gas in a gas-holder having a storage capacity of not less than one hundred and forty cubic metres; (x) any premises, place or space where any building operations or works of engineering construction are carried out; and (xi) any premises belonging to or in the occupation of the Federal Government or the Government of any State or of any local authority or other public authority which would be a factory within the meaning of this Act but for paragraph (b), but does not include— (i) any premises used for the purposes of housing locomotives or vehicles where only cleaning, washing, running repairs or minor adjustments are carried out; or (ii) any premises where five or less persons carry on any work in which machinery is not used notwithstanding that the premises by virtue of would constitute a factory within the meaning of this section. (2) Any line or siding which is used in connection with and for the purposes of a factory, shall be deemed to be part of the factory. (3) Any pipeline used for transporting dangerous substances which may cause fire, explosion or adverse health effects to any person (other than petroleum or petroleum products) which is used in connection with and for the purposes of a factory, shall be deemed to be part of the factory. (4) For the purpose of subsection (3), “pipelines” means the physical facilities or any part of the physical facilities through which dangerous substances which may cause fire, explosion or adverse health effects to any person (other than petroleum or petroleum products) in the form of liquid or vapour or any combination of liquid or vapour are transported, and includes pipes, pumps, compressors, meters, regulators and fabricated assemblies. 10 Laws of Malaysia ACT 139 Interpretation: general 3. In this Act unless the context otherwise requires— “amusement device” means any contrivance or a combination of contrivances, or rides, equipment or plant or any other similar device which are designed or intended to entertain or amuse people and which can be installed repeatedly without loss of substance, whether temporarily or permanently, at fairs, amusement parks or other locations; “amusement park” means a tract or area used principally as a location for amusement devices and structures; “article” means any solid, liquid or gas or any combination thereof, and also includes electricity; “bodily injury” includes injury to health; “building operation” means the construction, structural alteration, repair or maintenance of a building (including repointing, redecoration and external cleaning of the structure), the demolition of a building, and the preparation for and the laying of the foundation of an intended building, but does not include any operation which is the work of engineering construction within the meaning of this Act; “certificate of competency” means a certificate granted under this Act by the Chief Inspector certifying that the holder is duly qualified to be in charge of machinery to which the certificate of competency relates; “certificate of fitness” means a certificate granted under this Act certifying that the machinery described therein has been inspected, and at the time of the inspection has satisfied the requirements of this Act and that it may be worked or operated; “Chief Inspector”, “Deputy Chief Inspector”, “Senior Inspector” and “Inspector” mean respectively the Chief Inspector of Factories and Machinery, a Deputy Chief Inspector of Factories and Machinery, a Senior Inspector of Factories and Machinery and an Inspector of Factories and Machinery appointed under section 4; Factory and Machinery 11 “dangerous occurrence” means any occurrence in any of the classes listed in the First Schedule; “dredge” means any floating structure used for the winning of tin ore, for the dredging of rivers and waterways or for purposes of land reclamation, and includes the bucket type dredge and the cutter-suction type dredge; “dredgemaster” means a person who holds a dredgemaster’s certificate of competency issued under section 30; “driven machinery” includes any machine or appliance where motion is received from transmission machinery; “driver” means a person who holds an engine driver’s certificate of competency issued under section 30; “engineer” means a person who holds an engineer’s certificate of competency issued under section 30; “fair” means an enterprise principally devoted to the exhibition of products of agriculture or industry and at or in connection with which amusement devices and temporary structures are provided; “fence” means any form of protective device designed to prevent serious bodily injury or bodily injury to any person and includes a guard and a guard rail; “fired pressure vessel” means an enclosed vessel under pressure greater than atmospheric pressure which is subjected to direct firing, but does not include a steam boiler; “fume” includes gas or vapour; “gas cylinder” means a steel cylinder or bottle used for the storage and transport of compressed, dissolved or liquefied gases; “gas holder” means any bell-shaped structure floating in a tank of