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Department of Occupational Safety & Health, Malaysia
OSH LEGAL DEVELOPMENTS
IN MALAYSIA
OSH CHALLANGES
OSH INITIATIVES
FUTURE DIRECTION OF
OSH IN MALAYSIA
LAYOUT OF PRESENTATION
OSH LEGAL DEVELOPMENTS
IN MALAYSIA
History and Baseline of OSH
Department of Occupational Safety & Health, Malaysia Boiler Safety
Boiler Safety + Machinery Safety
Boiler + Machinery + Industrial Safety
Boiler + Machinery + Industrial + Hygiene Safety
Occupational Safety And Health
1890 1892 1908 1913 1932 1953 1994
LEGAL DEVELOPMENTS IN MALAYSIA
The Perak Order In Council,
Selangor Boiler
Enactment
Negeri Melayu
Bersekutu has been
enforced by Perak Order
Council
Machinery Enactment of
1913
Machinery Enactment of 1932 under
Mineral Department.
The Machinery Ordinance has been enforced.
Factory & Machinery
Act1967 (By Department of Factory & Machinery –
JKJ)
Occupational Safety &
Health Act 1994
1967
Department of Occupational Safety & Health, Malaysia
LEGAL DEVELOPMENTS IN MALAYSIA
Pre-Independence
1876 1967 1994 2020 2015
Post-Independence Self-Regulation Preventive Culture
Control by colonial system
(British)
Focus on rubber & tin
industries (immigrant workers)
First appointed Boiler Inspector
in 1878
In 1913, scope of an inspector
was expand to other dangerous
machinery
Est. Factory & Machinery
Dept
Est. National Institute Of
Occupational Safety and
Health 1985
Formation of , Major
Hazards Div, Ind. Safety Div,
Ind. Hygiene Div, Off-Shore
Div, Health Div, Etc.
Est. National Council for
OSH
Developed national OSH
strategy & program 2011-
2015 (OSH MP15)
Developed OSH MS 1722
Conduct Regulatory Impact
Assessment
Safety elements
integrate into
daily business
CONVENTIONAL OSH SYSTEMATIC APPROACH
Department of Occupational Safety & Health, Malaysia
Enforced for the purpose ...
(including all sectors in the
Schedule 1, AKKP 1994)
To ensure the safety, health and welfare at
work of employees and others
LEGAL DEVELOPMENTS IN MALAYSIA
Factory & Machinery Act, 1967
(Act 139)
Petroleum Acts
(Safety Measure) 1984
(Act 302)
Occupational Safety & Health Act 1994
(Act 514)
Department of Occupational Safety & Health, Malaysia
Hotel &
Restaurant
Agriculture,
Storage and
Communicati
on
Transport, Storage and
Communication
Public Services
and Statutory
Authorities
Mining and Quarrying Wholesale and
Retail Trades
Construction
Finance, Insurance, Real Estate
and Business Services
Utilities (Electricity, Gas,
Water & Sanitary
Services)
Manufacturing
LEGAL DEVELOPMENTS IN MALAYSIA
Department of Occupational Safety & Health, Malaysia
OSH LEGAL DEVELOPMENTS
IN MALAYSIA
OSH CHALLANGES
OSH INITIATIVES
FUTURE DIRECTION OF
OSH IN MALAYSIA
LAYOUT OF PRESENTATION
OSH LEGAL DEVELOPMENTS
IN MALAYSIA
Problems and Review
Department of Occupational Safety & Health, Malaysia
National Accident Rate (2004-2014)
58,365 51,829 49,598 47,469 44,918 39,448 41,467 41,593 41,540 43,795 42,148
5.84
5.16 4.77
4.52 4.15
3.61 3.68 3.40 3.31 3.28 3.10
7.17 6.93
7.24 6.95 6.90
6.30 6.45 6.17
4.64 4.62 4.21
0
1
2
3
4
5
6
7
8
0
10,000
20,000
30,000
40,000
50,000
60,000
70,000
2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
accident rate/1000 workers fatality rate/100000 workers
2.58/1,000
5.16/100,000
2015
Target
Department of Occupational Safety & Health, Malaysia
LACKED OF AWARENESS
OSH IS A LOW PRIORITY
Lack of treatment, compensation
Under-reporting
No picture
of the real impact
of poor OSH
conditions
Low resources for OSH improvement and collection of
information
Public ignorance
A cycle
of
neglect
Department of Occupational Safety & Health, Malaysia
CHALLENGES: INDUSTRY NEEDS
-Quality of life
-Recognition
-Low Cost
Technology
-OSH Services
-Resources
-Low
Operational
Cost
-Easy access
to market
-Effective
Enforcement
-Accident
-Diseases
-Commitment
-Guidance
-More Profit
- financial, human, capital
- employers & employees
- OSH services,
training, consultancy,
advice
-Raw material
- maintenance
- loan
-OSH Legislation Liberalization
-Simplified process of registration for
setup business
-Modernization of OSH
-FMA + OSHA
Department of Occupational Safety & Health, Malaysia
NEW CHALLENGES
Changes of Technologies
• High tech with complex machine and industry
Changes of Law & Standard Requirement
• Law and standard must be revised with current needs
Inadequate OSH practitioners
• The proportion of OSH practitioner is inadequate to supply the demand of the workers/ employees.
Inadequate Occupational Health Services
• Malaysia has inadequate facilities or practice to give occupational health services to the employees as well as the public.
Department of Occupational Safety & Health, Malaysia
OSH LEGAL DEVELOPMENTS
IN MALAYSIA
OSH CHALLANGES
OSH INITIATIVES
FUTURE DIRECTION OF
OSH IN MALAYSIA
LAYOUT OF PRESENTATION
OSH LEGAL DEVELOPMENTS
IN MALAYSIA
OSH-MP15 Achievement and Baseline for the Future
Department of Occupational Safety & Health, Malaysia
OSHMP 15
To build a safe, healthy, and productive
human capital by creating, cultivating, and
sustaining a safe and healthy work culture in
all organizations throughout Malaysia
OBJECTIVES
1. Increase awareness and knowledge in
OSH.
2. Reduce workplace injuries and fatalities
3. Reduce the numbers of occupational
diseases.
4. Minimize their adverse impacts on
efficiency, productivity, and business
performance.
VISION To be the Ideal Vanguard of
Occupational Safety and Health
MISSION
Department of Occupational Safety & Health, Malaysia
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OSH-MP15 PERFORMANCE 2011-2015
Department of Occupational Safety & Health, Malaysia
GOVERNMENT LEADERSHIP & PRACTICES Government promotes a
high level of workplace
health and safety
performance, and has
excellent health and
safety practices in its own
workplaces.
RATIFICATION OF ILO CONVENTION AND DIRECTIVE: Malaysia has Ratified C187 convention
LAUNCH SPECIAL PROGRAMMERS AND NEW APPROACHES TO IMPROVE OSH: 300 WISE program
237 WIND program
PROVIDE COMPLIANCE SUPPORT TO OSH LEGISLATION: 7 SME Compliance Model
STRENGTHEN THE CAPACITY OF GOVERNMENT TO INFLUENCE OSH OUTCOMES: Increased on OSH compliance in the public sector by 20%
STRENGTHEN NIOSH: -5 Research on OSH
-100% utilization of Laboratory
-Install Exhibition Centre
- Improvement Reccomendation
ENHANCE THE LEGAL AND POLICY FRAMEWORK FOR OSH:
- Migration of OSHA-FMA
- Effectiveness and adequacy studies on existing
legislation and identify new legal requirements
IMPLEMENT EFFECTIVE ENFORCEMENT: - Developed National Injury
Prevention Strategies –
Agriculture
- Improve the One-Stop
Center Data Accident and
Occupational Disease
Department of Occupational Safety & Health, Malaysia
SHARING BEST PRACTICES: Video clips of Good Practice on Safety and
Health at Work Controlling Machine Furniture
Manufacturing Industry "Think first friends"
SIMPLIFY, DEVELOP AND PROMOTING OSH RESEARCH: - "Behavior Based Safety (BBS)
Implementation Reduce Incidents at the
Workplace" Research
- Promote –Guideline to Encourage Studies
on Occupational Safety and Health (OSH)
according priority in Malaysia.
SIMPLIFY OSH TRAINING AND INFORMATION SERVICES : - Training Incentives Scheme to Improved
Employee skills
- 65 NOSS included OSH Elements
- Improved OSH elements on 3 Module for UTM
Space
- Recognition OSH Trainer Schemes
PROMOTION SCHEMES & RECOGNITION FOR EXCELLENT PERFORMANCE OF OSH PRACTITIONERS:: Non monetary dan monetary shceme
INTRODUCING RISK BASED SOCIAL SECURITY SCHEME: Report on recommendation of “Risk Based Social Security Scheme” in Malaysia
GOVERNMENT LEADERSHIP & PRACTICES Government promotes a
high level of workplace
health and safety
performance, and has
excellent health and
safety practices in its own
workplaces.
Department of Occupational Safety & Health, Malaysia
INTRODUCING MYKKP SYSTEM Improve accountability through a system of OSH
practitioners MyKKP
OSHMS IMPLEMENTATION / Risk Management - 841 companies implement OSHMS / Risk Management
-17 Seminar / promotion OSHMS carried out
OSH IN SCHOOL - 4 Program ‘OSH in School’/year - 10 pilot schools
- Guidelines for developing OSH curriculum school activities.
INCREASE THE NUMBER OF OHD/OHN 932 increased occupational health doctor
OSH Excellence Logo The logo was introduced and awarded to the industry's with
OSH best practice
OSH INTERVENTION PROGRAM - 5 Program Department introduced
MACHINERY SAFETY SCHEME INTRODUCED Power Press Safety Equipment Scheme
INCREASE THE NUMBER OF TRAINING PROVIDER Course requirements have been identified
PREVENT OCCUPATIONAL DISEASE MORE EFFECTIVELY - 9 Dialog with Medical Practitioners
- 718 visits on Basic Occupational Health (BOH)
PREVENTIVE WORKPLACE CULTURE
Work-related fatality rate
down by 20% from 12.4
fatalities/100,000 workers
Work-related injury rate
down by 30% from 6.1
injuries/1,000 workers
Department of Occupational Safety & Health, Malaysia
STRONG CAPABILITIES TO MANAGE OSH - 18,579 companies have OSH team & Budget
- 1,356 companies OSH-MS Certified
- Development of Draft Guideline Process Safety Management
OSH OUTREACH PROGRAMS BY ASSOC/INDUSTRIES - 7 OSH poster from different sectors developed by Industry
- 3 program in collaboration with the association
- 114 seminar / dialog by association
- 868 program Outreach
MENTOR-MENTEE PROGRAM -2 Program Mentor Mentee in state/year
-76 mentor mentee pair success
-16 Dialog mentor mentee
OSH ACCIDENT COST (OSHACC) -16,000<viewers until end 2014
- 23 Dialog and seminar, 36,000 Poster & 18,000 Flyer
- 5 new sector of accident cost calculator
OSH PERFORMANCE IN CONTRACT: Development of OSH In Contract Guidelines
DISSIMINATE OSH INFORMATION -Development of OSH Information
Dissemination System through Department
Portal
- Proposal Model Development of Data
Warehouse
INDUSTRY LEADERSHIP & COMMUNITY ENGAGEMENT Industries lead
improvements in workplace
health & safety practices,
and there is strong support
for workplace health &
safety in the wider
community
Department of Occupational Safety & Health, Malaysia
STRONG PARTNERSHIP LOCALLY & INTERNATIONALLY
Internally; Strong correlation
between OSH practitioner &
Government. Externally, more
bilateral agreements on OSH
implemented.
ENHANCED NATIONAL OSH COUNCIL (NCOSH) 1 report submitted + 1 develop proposal + 1 New NCOSH report
INVOLVED ACTIVELY IN OIC-OSHNET SETUP Developed 1 blue-print for OIC-OSH Net + presented
PRESENT PAPER INTERNATIONALLY Presented 73 International technical paper
RE-BRANDING (NCOSH) New NCOSH logo established and launched
during the National OSH Award 2014
MALAYSIAN TECHNICAL COOPERATION PROGRAMME (MTCP) 6 MTCP program conducted, involved 97
participant and 13 countries
THIRD COUNTRY TRAINING PROGRAMME (MTCP) 4 TCTP program conducted, involved 70
participant from 3 countries (LMV)
INTERNATIONAL TECHNICAL COMMITTEE (ITC) Involved in 25 International Technical Committee + 6 new ITC
DEVELOP OSH-MS FOR SME FOR ASEAN COUNTRIES 1 standard on OSHMS for SME developed in
collaboration with ASEAN+THREE
Department of Occupational Safety & Health, Malaysia 20
Accident Rate (without
commuting)
/ 1,000 workers
Fatality Rate (without
commuting)
/ 100,000 workers
Competent Person
Enforcement and Statutory
Inspection
3.68
6.45
148,825
43,010
2.58
5.16
178,590
55,913
- 30%
- 20%
+ 20%
+ 30%
4.21
3.10
205,689
50,543
FOCUS ELEMENT (KPI) – BASELINE 2010 TARGET 2015 STATUS 2014
OBJECTIVES
Department of Occupational Safety & Health, Malaysia
OSH LEGAL DEVELOPMENTS
IN MALAYSIA
OSH CHALLANGES
OSH INITIATIVES
FUTURE DIRECTION OF
OSH IN MALAYSIA
LAYOUT OF PRESENTATION
OSH LEGAL DEVELOPMENTS
IN MALAYSIA Planning for the future
Department of Occupational Safety & Health, Malaysia 22
OSHA SINCE 1994
SPBP (2005-2010)
OSHMP15 (2011-2015)
FUTURE DIRECTION
Department of Occupational Safety & Health, Malaysia
PREVENTIVE CULTURE
A PREVENTATIVE SAFETY AND HEALTH CULTURE … refers to a culture in which the
right to a safe and healthy working environment is respected at all levels, where
government, employers and workers actively participate in securing a safe and
healthy working environment through a system of defined rights, responsibilities
and duties, and here the principle of pre ention is accorded the highest priority ~ (Art. 1(d) of Convention No. 187)~
The element of general principles of prevention
elimination of occupational hazards
evaluation of hazards which cannot be avoided
combating the risks at the source
adapting the work to the individual, especially as
regards the design of workplaces, the choice of equipment and working
and production methods;
adapting to technical progress
replacing dangerous substances by non-dangerous or less dangerous ones
giving collective protective measures
priority over individual protective measures
giving appropriate instructions to the
workers
Department of Occupational Safety & Health, Malaysia
APPROACH
OSHMP 2020
OSH policies and
legislation
OSH knowledge and skills
Strategic and effective
enforcement
The involvement of
government agencies and
GLCS
OSH Programs on awareness
and information
Accident data review and
analysis Commitment and
involvement of employers and
employees in OSH program
The
employer and employee
awareness of the importance
of OSH
The involvement of
industry and NGOs
Involvement of OSH
Training Centre, TVET
and IPT.
Industrial community
involvement
Effective
OSH management efficiency
Priority assessment of
risks in the prevention of accidents and occupational
diseases
Department of Occupational Safety & Health, Malaysia
To Support National OSH Vision
“OSH culture prosperous workers, employers and Nation”
STRATEGY 1: STRENGTHENING
GOVERNMENT
LEADERSHIP FOR
OSH
STRATEGY 2: BUILDING A
CULTURE OF OSH
PREVENTIVE
STRATEGY 4: STRATEGIC ALLIANCES
ON OSH
INTERNATIONALLY
STRATEGY 3:
INDUSTRY OSH
LEADERSHIP
• Increased Quality of working lives
• Contribute to increase organizational productivity and
competitiveness.
• Raise OSH awareness and welfare.
• Reduce the rate of occupational accidents from 3.10 to 2.5 /
1,000 workers
• Reduce the rate of occupational death from 4.25 to 3.5 /
100,000 workers
OUTCOME PERFORMANCE INDICATOR
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