Factories and Machinery Act 1967 (Act 139) and Associated Regulations
Domain 2 - Factories and Machinery Act 1967 (Act 139) and Regulations
This domain tests the legacy prescriptive regime: registration, certificates of fitness, inspections and the old factory regulations. Even though the FMA has been repealed with effect from 1 June 2024 by the OSH (Amendment) Act 2022, exam questions still use it to test transitional knowledge and the contrast with OSHA.
Core rules
- The FMA regulated factories and 'machinery' - boilers, pressure vessels, hoists, lifts, transmission machinery and similar plant.
- Factories had to be registered with DOSH. Certain machinery needed a certificate of fitness before use, and continued use depended on periodic inspection.
- The FMA spawned detailed regulations, including the Factories and Machinery (Safety, Health and Welfare) Regulations 1970; the (Building Operations and Works of Engineering Construction) (Safety) Regulations 1986; the (Steam Boiler and Unfired Pressure Vessel) Regulations 1970; and the (Electric Passenger and Goods Lift) Regulations 1970.
- Accident notification under the FMA was replaced by the OSHA NADOPOD Regulations 2004.
- The FMA was prescriptive: compliance meant meeting stated technical requirements. OSHA is goal-setting: the employer must identify hazards and manage risk.
Worked example
A steam boiler is installed and fired without a certificate of fitness. Under the FMA, using unregistered or uncertified machinery was an offence regardless of whether an accident occurred. The inspector could prohibit its use and prosecute the occupier. Under the post-2024 OSHA framework, the same facts would be analysed through general duties and any surviving pressure-vessel requirements; the old certificate concept is not the starting point.
Traps
Do not cite the FMA as the current primary statute without noting its repeal. Do not mix FMA registration with OSHA notification. Do not assume the 1970 Safety, Health and Welfare Regulations were automatically preserved in full; check the transitional order. Do not confuse a certificate of fitness with a fire certificate.