Section 137 of the Factories and Machinery Act 2010 (fictitious) (Act) gives power to the Minister to make any regulation to prescribe the requirement, the procedure and the processing fees in respect of approvals of any equipment for the purpose of monitoring the environment including noise monitoring devices, audiometric testing equipment and facilities and personal protective equipment or laboratory for analysis. However, the approval from the Department of Occupational Safety and Health (DOSH) must be obtained before carrying out such a power.

Based on the power given by the Act, the Ministry of Human Resources enacted Factories and Machinery (Environment Monitoring Equipment) Regulations 2015 (fictitious) (Regulations). The Regulations provides, inter alia:

Rule 16: No employee shall be exposed to noise level exceeding the equivalent continuous sound level of 90 dB (A) or that exceeding the daily noise dose of unity.

Rule 18: Every registration for the equipment for environment monitoring is subject to a one-time fee of RM1000 or 1.5% of the equipment price, whichever is higher.

Harry, an owner of a factory feels burdened with the Regulations. He also has learnt that the Regulations were passed without the approval of DOSH. He came to you and sought your advice as to any ground(s) to challenge the validity of the Regulations.

Advise Harry.

Ps: ADMINISTRATION LAW under subsidiary legislation.