Malaysia legislation
Section 3
Section 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;
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“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 water, in which gas is collected for distribution;
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“guard” means a suitably supported substantially 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;
“hoist” means a lifting machine other than a lift whether worked by mechanical power or not with a carriage, platform or cage the direction of movement of which is restricted by a guide or guides;
“hoisting machine” means any equipment for lifting, raising or lowering load such as a lift, escalator, hoist, crane, winch, dragline, piling machine, aerial cableway, funicular railway, access platform, dumbwaiter, vertical conveyor lifter and mechanical loading ramp, and includes transporter, walkalator and other similar equipment, but does not include manual hoist and materials handling equipment;
“hoisting tackle” includes a chain or rope sling, ring, link, hook, shackle, swivel, eyebolt, chain, rope, pulley block and chain block;
“Inspector” includes the Chief Inspector, Deputy Chief Inspector and a
Senior Inspector appointed under section 4;
“licensed person” means any person licensed under section 7D of the Act;
“lift” means an appliance designed to transport passengers or goods or both between two or more levels in a vertical direction by means of a guided lift car or platform in which the motion of the lift car or platform is obtained through an electric motor coupled to the lifting element, and includes the machinery, suspension ropes, hydraulic rams, supports and enclosures required in connection therewith, and includes electric or hydraulic lifts and paternoster or continuous lift, but does not include mine cages as used in underground mines;
“machinery” includes steam boilers, unfired pressure vessels, fired pressure vessels, pipelines, prime movers, gas cylinders, gas holders, hoisting machines and tackle, transmission machinery, driven machinery, materials handling equipment, amusement device or any other similar machinery and any equipment for the casting, cutting, welding or electro-deposition of
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materials and 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;
“maintain” means maintain in an efficient state, in efficient working order and in good repair;
“manufacturing or commercial secret” means highly sensitive information relating to—
(a)
any manufacturing process;
(b)
any product , raw material , by-product formulation;
(c)
any idea of duplication or cloning of product; or
(d)
any technical information on operating system, and that the information has been declared as manufacturing or commercial secret in writing by the occupier or owner;
“materials handling equipment” means any power-driven equipment for handling materials, and includes forklift, conveyor, stacker, excavator, tractor, dumper or bulldozer but does not include hoisting machine;
“nuisance” means 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;
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“occupier” in relation to a factory means a person who occupies or uses any premises as a factory;
“office machines” means machines commonly used in the exercise of clerical and associated functions and includes electrical typewriters, calculating and accounting machines and computers;
“operator” includes any person employed on any service involving the management or operation of, or attendance on, any machinery;
“owner” means the person for the time being receiving the rents or profits of the premises or machinery in connection with which the word is used, whether on his own account or as an agent or trustee for any other person or who would so receive the same if the premises or machinery were leased;
“Panel” means the Panel of Examiners appointed under section 30;
“petroleum” means any mineral oil or relative hydrocarbon and natural gas existing in its natural condition and casinghead petroleum spirit, and includes—
(a)
bituminous shales and other stratified deposits from which oil can be extracted; and
(b)
petroleum products;
“petroleum products” means material derived from petroleum, natural gas or asphalt deposits, and includes gasoline, kerosene, diesel fuel, fuel oil, lubricating oil, liquefied petroleum gas, wax, grease, butane, benzene, propane and any like flammable and combustible liquids;
“premises” includes any building, place, or floating structure;
“prime mover” means every engine, motor or other appliance which provides mechanical energy derived from air, steam, water, wind, electricity, the combustion of fuel or other source;
“prescribed” means prescribed by the Minister by regulation made under this Act;
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“sanitary conveniences” includes urinals, water-closets, earth-closets, ashpits and any similar convenience;
“serious bodily injury” means any injury listed in the Second Schedule;
“steam boiler” means any closed vessel in which for any purpose steam is generated under pressure greater than atmospheric pressure, and includes any economiser used to heat water being fed to the vessel, and any superheater used for heating steam, and any pipes and fittings connected thereto;
“special scheme of inspection” means an inspection system approved by the Chief Inspector pertaining to periodical inspections for certain classes of machinery and its auxiliary;
“transmission machinery” means every shaft, wheel, drum, pulley, system of fast and loose pulleys, coupling, clutch, driving belt or other 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;
“underground room” means any room which, or any part of which is so situate that at least half its height measured from the floor to the ceiling, is below the surface of the ground adjoining the room;
“unfired pressure vessel” means any enclosed vessel under pressure greater than atmospheric pressure by any gas or mixture or combination of gases and includes any vessel under pressure of steam external to the steam boiler and any vessel which is under pressure of a liquid or gas or both, and any vessel subject internally to a pressure less than atmospheric pressure but does not include gas cylinders;
“work of engineering construction” means the construction, extension, installation, repair, maintenance, renewal, removal, renovation, alteration, dismantling, or demolition of—
(a)
any erection, edifice, structure, caisson, mast, tower, pylon, wall, fence or chimney, whether constructed wholly or partly above or below ground level;
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(b)
any road works, dock, harbour works, railway, siding, cableway, tramway line, inland navigation, air field or aerodrome;
(c)
any drainage, sewer, sewage works, irrigation, river control works, sea defence work or earth retaining structure;
(d)
any electrical, mechanical, water, gas, petrochemical or telecommunication works; or
(e)
any bridge, viaduct, dam, reservoir, lagoon, earthworks, pipeline, sewer, aqueduct, culvert, drive, shaft, tunnel or reclamation works, and includes—
(aa) any formwork, falsework, scaffold or any works which form an integral part of, or are preparatory to or temporary to, the works described in paragraphs (a) to (e);
(bb) site clearance, soil investigation and improvement, earth-moving, excavation, laying of foundation, site restoration and landscaping; and
(cc)
such other works as may be specified by the Minister.
“working floor area” means the area covered by the premises and all the precincts, curtilage and yard of the factory as derived from the plan or sketch submitted at the time of notification, including all floor areas above and below ground level:
Provided that catwalks, ladders, and other such means of access to machinery shall not be considered when calculating working floor area;
“young person” means any person who has not completed his sixteenth year of age.
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Appointment of officers