Section 22 — FACTORIES AND MACHINERY ACT 1967

(a)

every factory shall be kept in a clean state and free from offensive effluvia arising from any drain, sanitary convenience or other source and shall be cleaned at such times and by such methods as may be prescribed and these methods may include lime-washing or colour washing, painting, varnishing, disinfecting or deodorising;

(b)

the maximum number of persons employed at any one time in any workroom in any factory shall be such that the amount of cubic metre of space and the superficial metre of floor area allowed in the workroom for each such person are not less than the amount of cubic metre of space and the superficial metre of floor area prescribed either generally or for the particular class of work carried on in the workroom;

(c)

(i)

effective and suitable provision shall be made for securing and maintaining adequate ventilation by the circulation of fresh air in every part of a factory and for rendering harmless, so far as practicable, all gases, fumes, dust and other impurities that may be injurious to health arising in the course of any process or work carried on in a factory;

(ii)

the Minister may prescribe a standard of adequate ventilation and the means by which the standard may be achieved, for factories or for any class or description of factory or parts thereof;

(d)

(i)

effective and suitable provision shall be made for securing and maintaining such temperature as will ensure to any person employed in a factory reasonable conditions of comfort and prevention from bodily injury;

(ii)

the Minister may for factories or for any class of factory or parts thereof prescribe a standard of reasonable

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temperature and prohibit the use of any methods of maintaining a reasonable temperature which in his opinion are likely to be injurious to the persons employed and direct that thermometers shall be provided and maintained in such places and positions as may be specified;

(e)

(i)

effective provision shall be made for securing and maintaining sufficient and suitable lighting, whether natural or artificial, in every part of a factory in which persons are working or passing;

(ii)

the Minister may prescribe a standard of sufficient and suitable lighting for factories or for any class or description of factory or parts thereof or for any process;

and

(f)

sufficient and suitable sanitary conveniences as may be prescribed, shall be provided and maintained for the use of persons in a factory.

(2)

(a)

Whenever it appears to an Inspector that any process in any factory is likely to affect adversely the health of any person employed therein or the public he shall report the circumstances in writing to the Chief

Inspector who may thereupon carry out such investigations as he may consider necessary.

(b)

Where the Chief Inspector is satisfied—

(i)

that such a process is likely to affect adversely the health of any person employed in the factory or the public; and

(ii)

that the process can be modified or means provided to reduce the possibility of injury to the health of such person or the public as aforesaid, he shall, after considering any representations made by the occupier of the factory, order that the process be modified in such manner or that such means be provided as he may direct to reduce the possibility of injury to the health of that person or the public.

32 Laws of Malaysia ACT 139

(c)

Any person aggrieved by an order made under paragraph (b) may within twenty-one days of the receipt thereof appeal to the Minister who shall make such order thereon as he deems fit.

(d)

Where the Chief Inspector is satisfied—

(i)

that such a process is likely to affect adversely the health of any person employed in the factory or the public; and

(ii)

that the process cannot be modified or means provided to reduce the possibility of injury to the health of such person or the public as aforesaid, he shall report the circumstances in writing to the Minister.

(e)

The Minister may upon receipt of the report either—

(i)

make such regulations controlling or prohibiting the use of the process as he may consider reasonable; or

(ii)

after considering any representations made by any person likely to be affected thereby by writing under his hand prohibit the carrying out of the process either absolutely or conditionally or the use of any material or substance in connection therewith.

(f)

For the purpose of enabling any occupier of a factory or other person to make representations in respect of a proposed order or prohibition under paragraph (b) or (e) the Chief Inspector or the Minister as the case may be, shall cause to be served on the occupier or other person a notice specifying the period within which such representations may be made and containing such particulars as the Chief Inspector or the Minister as the case may be considers adequate in the circumstances.

(3)

An Inspector may require any person employed in any factory in which any of the diseases named in the Third Schedule has occurred, or is likely to occur, to be medically examined.

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Exposure to elements