Malaysia legislation

Section 56

of *FACTORIES AND MACHINERY ACT 1967

Section 56

(a)

prescribe the duties of the Chief Inspector and of any of the officers appointed under section 4 and the duties of a licensed person;

(b)

prescribe the records to be kept in respect of machinery and factories and of inspections, the certificates and any other matters to which this Act relates and the form thereof and the person by whom the same are to be kept;

54 Laws of Malaysia ACT 139

(c)

prescribe the standard of cleanliness to be observed and the means of removal of injurious and offensive fumes or dust arising from certain processes in factories, or class or description of factory and the special measures to be taken to ensure the health of persons employed therein;

(ca) prescribe the standard of cleanliness and permissible exposure limit to be observed and the means of removal of or controlling injurious and offensive physical, biological or chemical hazards arising from certain processes in factories, or classes or descriptions of factories and the special measures to be taken which may include employee exposure monitoring, to protect the health of persons employed in the factories;

(d)

in respect of any matters which may appear to the Minister expedient for the safety, health and welfare of persons employed at machinery or in factories;

(e)

specify the classes of machinery for which certificates of fitness are required and order the prohibition of the use of condemned machinery, and the marking and disposal of the same;

(f)

prescribe the manner of calculating the safe working pressure of steam boilers and unfired pressure vessels and gas cylinders, the horse power of prime movers and the safe working load of hoisting machines and tackle;

(g)

prescribe the times at which and the manner in which certain classes of machinery shall be inspected and to empower the

Chief Inspector to stipulate the times at which and manner in which factories and machinery shall be inspected, the notice, if any, to be given in relation to such inspections and the preparations to be made for such inspections;

(ga)

prescribe the requirements, procedure and processing fees in respect of the approval of a special scheme of inspection;

(h)

prescribe the qualifications to be possessed by, the procedure for the registration of, the renewal of registration and

Factory and Machinery 55

deregistration of, the duties of and processing fees to be paid by and the register to be maintained by—

(i)

any person before they may be placed in charge of or entrusted with the care or management of or operating any specified machinery;

(ii)

any person manufacturing, fabricating, installing, testing, inspecting, maintaining, dismantling, or repairing any specified machinery as required under section 29A;

(iii)

any person carrying out environmental monitoring including noise monitoring and audiometric testing; and

(iv)

any person carrying out inspection, testing and examination of control equipment;

(i)

prescribe the nature of the examinations for certificates of competency as engineers, dredge masters and drivers, the form of such certificates, the manner and conditions of the issue thereof, and the fees to be paid for examinations and certificates and prescribe the manner and circumstances in which the certificate of competency may be suspended, cancelled or varied;

(j)

prescribe the fee and the manner by which it is to be paid in respect of the inspection of factories and machinery and the registration of machinery requiring certificates of fitness for operation, certificates of competency and any other certificates, the forms of such certificates, the manner and conditions of issue, extension, suspension, revocation and cancellation thereof and the period for which any such certificate shall remain in force;

(ja)

prescribe the requirement, procedure, and processing fees in respect of approval of any equipment for environment monitoring including noise monitoring, audiometric testing equipment and facilities, personal protective equipment or laboratory for analysis;

56 Laws of Malaysia ACT 139

(k)

prescribe the manner of holding enquiries under section 33;

(ka)

prescribe the qualification and standard of competency of employees of a licensed person under subsection 36(8);

(kb)

prescribe any terms, conditions or fees for any person to obtain any licence to manufacture, fabricate, install, import, supply, inspect or maintain and dismantle boilers, unfired pressure vessels and hoisting machines from the Chief Inspector; and

(l)

in respect of any other matters as to which it may appear to the

Minister to be expedient for the better carrying out of this Act.

(2)

Where it appears to the Minister that in view of the number and nature of accidents occurring in any factory or class or description of factory, special provisions ought to be made at that factory or factories of that class or description to secure the safety of persons therein, he may make special regulations as may appear to him to be reasonable, requiring the occupier to make such special provision for supervision in regard to safety, investigation of the circumstances and causes of accidents and otherwise as may be specified in the regulations.

(3)

Where part of a building is let off as a separate factory, the Minister may make regulations to modify the application of the Act specifying the person, that is to say the owner of the building or the occupier of the factory, on whom any duties are imposed, or rights conferred, by the respective provisions of the Act as far as they are applicable, and the liability for any contravention thereof.

Medical supervision