department of occupationalsafety & health sarawak 1 - osh policy_fmm... · department of...

BORNEO OSH CONFERENCE & EXHIBITION 2019

Sarawak Regional Group Occupational Safety & Health And Environment Practitioner's Association (SWKRG-SHE 1

DEPARTMENT OF OCCUPATIONAL SAFETY & HEALTH SARAWAK

Ir. Dr. Nor Halim bin Hasan

Director

Department of Occupational

Safety and Health

Sarawak

DEPARTMENT OF OCCUPATIONAL SAFETY & HEALTH MALAYSIA 2

OSH LEGISLATIONS :

Update on

Occupational Safety &

Health (Noise Exposure

Regulations) 2019

TABLE OF CONTENTS

OSH SYSTEMATIC APPROACH

• ILO‟s Guideline for

Developing National OSH

Programme • National OSH Policy

• National OSH Profile

• National OSH Programme

OSH STATISTICS

1 IMPLICATIONS GAP IN OSH

SYSTEM

– MALAYSIAN SCENARIO

2 3

4



RM 31 BILLION

Miscellaneous

Cost

Emotional &

Social Impact

IMPLICATIONS GAP IN OSH SYSTEM

*2017 BUDJET

3 DIRECT IMPACT GAP IN OSH SYSTEM 4 OVERALL IMPACT GAP IN OSH SYSTEM

1 INVESTMENT ON HRD & ENHANCEMENT

OF NATION COMPETETIVENESS

14 MILLION

WORKERS

570,000

EMPLOYEES 31.7 MILLION

POPULATION

Accident & Injuries

Insured Cost)

Ledger Cost & Property

Damage

RM 1

RM 5 – RM 50

RM 1 – RM 3

16

Occupational

Related

Diseases/ Day

116 2 Workplace

Injuries /Day Work related

fatalities/Day

RM3.27

Billion

SOCSO Compensation in 2017

RM53.3

Billion

- 3.94%

KDNK (ILO)

– MALAYSIAN SCENARIO

SOCIAL SECURITY NET RM 535 MIL

EDUCATION RM17,367 MIL

ENTREPRENEURSHIP RM 355 MIL

ENCOURAGE PRIVATE INVESTMENT RM 2,622 MIL

HEALTHCARE ENHANCEMENT RM 9,246 MIL

TVET & WORKFORCE RM 1,080 MIL

1.7Mil++

Migrant Workers

OSH DEFENSE SYSTEM

2 WORKS & HEALTH RISKS

1

1st step: Developing the national policy on OSH

2nd step: Developing the national profile on OSH

3rd step: Developing the national programme on OSH

4

ILO’s Guidelines for Developing The National Programme on OSH

2.1

2 OSH SYSTEMATIC APPROACH



• A national policy on OSH is a specific, deliberate course of action that a government adopts (in consultation with its social partners) to fulfil its mandate for the prevention of occupational accidents and diseases.

• A written statement, and includes at least the government‟s commitment to the prevention of occupational accidents and diseases

National Policy

on OSH

National system

for OSH

• The infrastructure that provides the main legal and institutional framework for implementing the national policy and national programmes on OSH.

• Summarises the existing OSH situation, including national data on occupational accidents and diseases, high-risk industries and occupations, and a description of the national system for OSH and its current capacity.

National profile

on OSH

• Determine the objectives to be achieved within a predetermined time frame and indicators should also be identified to assess progress.

National

programme

on OSH

• Identify the programme‟s effectiveness

Evaluation and

review

5

ILO’sGuidelinesfor DevelopingTheNational ProgrammeonOSH 2.1

6

The OSH Policy, approved by the Cabinet and signed by Prime

Minister Tun Dr. Mahathir Mohamad, was officially launched by

Deputy Prime Minister Datuk Seri Dr. Wan Azizah on 27 Feb

2019 in conjunction with National OSH Award 2018.

National Policies on

OSH

Elements of a OSH Policy:

• government in collaboration with employers‟

and workers‟ organizations;

• the commitment of public authorities;

• the policy‟s aim and purpose;

• the principles guiding action on OSH;

• the main spheres of action for OSH;

• the workers covered by the policy;

• the types of action and infrastructure;

• assignment of the functions and

responsibilities of the main stakeholders; and

• Signed and dated.

2.2



Why should we have an OSH policy

statement?

1. To demonstrate the commitment of the government on how to fulfill its long-term

strategy to improve the quality of OSH in the country.

2. To comply with ILO‟s recommendation:

• Article 3:1. Each Member shall promote a safe and healthy working environment

by formulating a national policy. C187 - Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

• Article 4:1. Each Member shall, in the light of national conditions and practice, and in consultation with the most representative organizations of employers and workers,

formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment. C155 - Occupational Safety and Health Convention, 1981 (No. 155)

7

National Policies on OSH 2.2

8

National Profile on OSH The main objective of preparing and publishing the

Malaysian National OSH Profile was to document all

relevant information that can be used by all OSH

organizations and non OSH organizations in Malaysia.

OSH Regulatory Framework

National Policy & Strategies for OSH

OSH Coordination & Cooperation

OSH Technical Standards, & Management System

OSH System Implementation : Mean & Tool

Regular & Ongoing Activities Related to OSH

2.3



9

• The country has

always protected

the labor force,

including ensuring

safe and healthy

working

environment for all

workers.

OSH

Regulatory Framework

8 Regulations & 2 Orders

7 Codes of Practices

52 Guidelines

16 Regulations Other legislation related to

OSH under Ministry in

Malaysia

• Ratified ILO Convention C187

(Promotional Framework for

Occupational Safety and Health

Convention 2006)

• Ratified ILO Convention C155

(Occupational Safety and Health

Convention, 1981)

2.3.1 OSH Regulatory Framework

10

2.3.2 National Policy&Strategies forOSH

Malaysia had develop National OSH Policy & National Programme as

strategies to enhance OSH in the country

The next way forward and move to strengthen the existing main

legislations on OSH is through migration of the FMA 1967 into the OSHA

1994.



11

2.3.3 OSH Coordination & Cooperation

OSH System Implementation : Means & Tool

12

OSH Technical Standards & Management

System

2.3.4 OSH Technical Standards & Management System



13

2.3.5 OSH System Implementation : Means & Tool

OSH System Implementation : Means & Tool

14


ZOOM IN

Education,

training &

raising on

awareness



15


*Government institution which

provide OSH related Program

ZOOM IN

Education,

training &

raising on

awareness

*Private Institution which provide

OSH related Program

16


ZOOM IN

Education,

training &

raising on

awareness



17


ZOOM IN

Education,

training &

raising on

awareness

*Universities/Colleges offering

OSH related Program

18


ZOOM IN

Occupational

Safety &

Health

(practitioners

/competent

person)

COMPETENT PERSON 2016 2017 2018

1 Safety & Health Officer 37,297 3,442 4,207

2 Lift 224 289 371

3 Steam Engineer 2,872 2,904 3,065

4 Internal Combustion Engine Engineer 432 462 505

5 Hoisting Machine 120 140 144

6 Site Safety Supervisor 2,391 3,227 4,504

7 Major Hazard 22 18 28

8 Steam Engine Driver 3,032 3,486 4,049

9 Internal Combustion Engine Driver 2,000 2,366 2,730

10 Scaffolder 9,659 14,145 16,938

11 Crane Operator 10,918 13,903 16,448

TOTAL COMPETENT PERSON (SAFETY) 34,604 44,382 52,989



19


ZOOM IN

Occupational

Safety &

Health

(practitioners

/competent

person)

COMPETENT PERSON 2016 2017 2018

1 Occupational Health Doctor 555 908 827

2 Assessor (CHRA) 164 166 168

3 Indoor Air Quality Assessor 18 17 20

4 Hygiene Technician 1 75 86 90

5 Hygiene Technician 2 69 77 82

6 Authorized gas tester 1,725 2,640 3,173

7 Noise Monitoring 87 94 96

TOTAL COMPETENT PERSON (HEALTH) 2,693 3,988 4,456

20

2.3.6 Regular & Ongoing Activities Related to OSH

Regular & Ongoing Activities Related

to OSH



21

National OSH Programme

Malaysia Occupational Safety & Health Master Plan (OSH-

MP) has been established in light of Malaysia having to face

challenges in terms of working environment and it is crucial in

strengthening Malaysia as a contributor to the regional

economy and the world economic community.

The Master plan is one of the requirements for C187

International Labour Convention which has been ratified by

Malaysia.

This Master Plan lays more emphasis on infrastructure than

OSH issues & focus of OSH transformation is in line with

government‟s initiatives.

2.4

STRATEGY 1 : GOVERNMENT

LEADERSHIP

• 2723 OSH

Audit for

Services

Compliance

Government

Sector and

Statutory Bodies

• Development of OSH

Bank Data

• Development of 3 EPSA Training

Module

• 1 Journal of

Prosecution

• Establishment of

Departmental Corporate

Communication Unit • Draft Amendment of the

Letter for OSHA 1994 &

Regulations Compliance

for Government

Department & Agencies

• 3 proposal for

Enhancement of

OSH at Government

Services Sector &

Statutory Bodies


OSH Practitioners

& Association

(MyFOSH)

• Proposal for Development of

Online Accident &

Occupational Disease

Integrated Reporting System

2.4.1 OSHMP Achievements (2016-2018)



STRATEGY 2: STREGHTENING

OF OSH

MANAGEMENT


OSH Info Centre (VOSHIC) is being

developed

Quantity & Quality of OSH Practitioners OSH Knowledge & Skills

• “60 Minutes We Are OSH Leaders” Program involving:

o 18 dialogue with top management /

employers (592 participants)

o 43 dialogue with association (2,258 participants)

o OSHCIM (172 program)

• 1 Grant Research on “Penambahbaikan KKP

bagi Memperkasa Peranan Majikan Utama

Dalam Pelaksanaan KKP”

OSH Compliance Support • OSH Management Guideline for SME

• 20 workshop with 724 SME

• 1,018 OSH compliance support progra

• 1,102 OSH-Coordinator appointed OSH Promotion

192 OSH best

practices collected

OSH Innovation

• 21,211 promotion activities

•

• 1 Enforcement

Policy


Special Committee for

7 Initiative Strategic

Effective OSH Enforcement

• 6 module reviewed/developed (OSH-C,

OHD, IAQ, Assessor, AESP &AGTP)

• 1,763 monitoring on CP and training

provider

• Guideline on “Pendaftaran dan

pembaharuan OYK “ & Peraturan Panel

Kompetensi 201x is being developed

STRATEGY 3: OSH SHARING

& NETWORK

MOVE Program

OSHREACH Program

• 203 OSH association conducted

OSH Program

• 483 dialogue / talk with

association involving 13,323 participants

• 139 Association Invitation

Dialogue involving 5,391 participants

• 91 exhibition by associations

• Escalators: 79 talks (4,347 participants), 45

exhibition & 51 dialogue (3,509 participants)

• Lift: 86 talks (4,232 participants),

44 exhibition & 54 dialogue (3,674 participants)

LIFE Program • OSH4U : 92 talks (11,140

participants), 55 dialogue (5,969

participants) & 26 exhibition

• OSH@TVET : 126 talks (22,183

participants), 87 dialogue (12,488

participants) & 51 exhibition

OSH4U & OSH@TVET

24 Move Program involving 159

companies & 717 vendors


On going collaboration with

Stakeholders - MRT, IJM, POS

MALAYSIA, PJH • TV / Radio - 167 activities

• Publication - 320 activities

• Media Social - 2,455 activit

OSH in Media

ICOP OSH in Contract Management



STRATEGY 4: MAINSTREAMING

INDUSTRIAL

HYGIENE


• Conducted 280 Systematic

Occupational Health

Enhancement Level

Program (SOHELP)

• 2,478 enforcement on noise

• Conducted 106 Ergonomic Risk

Assessment

• 3,707 Basic Occupational

Health (BOH) Program

• 460 USECHH Operation

• 176 Enforcement on CLASS

• 7,016 Hygiene Activities

• 5,857 investigation on

health issues

• 3,159 medical surveilliance

STRATEGY 5: INTERNATIONAL

OSH STRATEGIC

ALLIANCE

2.4.1 OSHMPAchievements(2016-2018)

• 36 International Programs

21 Organizations

7 Fields

20 Country

UN Environment

OPCW

ICCA IAS

OIC

APEC

ASEAN OSHNET

JICA

AOTS Jepun

KIHA KOSHA

DNV GL

Singapura MOM

Indonesia MOM

Singapura DG

Filipina WorkSafe

Yamaguchi

University

Chemical Watch

GazProm

KKP

Petroleum

Construction

Chemical

Hygiene

Industry PPE

Steam boiler

USA

Netherlands

Belgium

Hungary

Italy

Russia

Switzerland

Turkey Saudi

Arabia India

China

India

Japan

South Korea Papua

New Guinea Australia

Philippine

Indonesia

Cambodia

Singapore • 5 International Visits

ILO

Bangkok

IOSH UK

JICA

Jepun

NIOSH Sri

Langka MOM

Singapura



1. Citation and commencement

2. Interpretation

Specifies the terms commonly used

in this regulations.

Occupational Safety and Health (Noise Exposure) Regulations 2019 [P.U. (A) 60]

Interpretation

Come into operation on 1 June 2019

Gazetted on 1 Mac 2019

EXPOSURE REGULATIONS 2019

Main Provisions

3 OSH LEGISLATION : UPDATE ON NOISE

4. Noise risk assesment

3. Identification of excessive noise

1. It is the first step that the employer needs totake.

2. Employers need to identify the possibility of their

employees working in places that are vulnerable to

'excessive noise'.

3. Excessive noise is:

• Daily noise exposure level> 82dB (A);

• Daily personal noise dose> 50%;

• Maximum sound pressure level> 115dB (A); or

• Peak sound pressure level> 140dB (C).

5. Information, instruction,

training & supervision 6. Noise Exposure Limit (NEL)

Where it appears to the employer that any of

his employees may be exposed to excessive

noise, the employer shall appoint a noise risk

assessor (NRA) to carry out risk assessment

and prepare a report

Where it appears to the employer that any of

his employees is exposed to an excessive

noise based on report, the employer shall

provide training for the employee

Every employer shall ensure that none of his employee

is exposed to:

• The daily noise exposure level . 85dB(A)

• Daily personal noise dose> 100%;

• Maximum sound pressure level> 115dB (A); or

• Peak sound pressure level> 140dB (C).



ENGINEERING CONTROL

ADMINISTRATIVE CONTROL

OTHER EFFECTIVE MEASURES INCLUDE

PERSONAL HEARING PROTECTION

01

02

03 Less effective

6. Noise Exposure Limit (NEL) - continue

Where it appears to the employer that any of his

employees may be exposed to excessive noise

exceeding NEL, the employer shall takes such

measures to reduce noise with:

8. Hearing Protection Zone

7. Personal Hearing Protector

9. Audiometric Testing

Where a noise risk assessment report shows that

any employee is exposed to excessive noise

exceeding the limit specified in Reg.6, the

employer shall cause audiometric testing to be

carried out on such employee annually

An employer shall ensure that any area at the place

of work is exposed to excessive noise exceeding

the limit (Reg. 6), is marked with words “Hearing

Protection Zone”

It is the last option provided if the employer can

prove that is impracticable to reduce „excessive

noise‟ with „engineering controls‟, administrative

control or both.

DEPARTMENT OF OCCUPATIONAL SAFETY & HEALTH MALAYSIA

10. Duty of Employer when audiometric testing is carried out

11. Record to be kept

For the purpose of audiometric testing, the

employer shall ensure:

• Carried out at not cost to the employee

• Within 3 months after the employee

commencing which is exposed to the noise

exceeding limit

• After the employee is being put in a quiet

state of at least 14 hours without the aid of

personal hearing protector

An employer shall keep and maintain

the record as follow :

• Report of noise risk assessment

• Report of audiometric testing



FACTORIES AND MACHINERIES (NOISE EXPOSURE)

REVOCATION 2019 [P.U. (A) 59]

NOTE:

Revoked Regulations = Factories and Machineries (Noise Exposure) 1989. Valid until May 2019

New Regulations = Occupational Safety and Health (Noise Exposure) 2019

for further reference

7

Gazetted on : 1 Mac 2019

Come into Operation: 1Jun 2019

This regulations revokes Factories and

Machineries (Noise Exposure) Regulations

1989

Some provisions in the Factories and

Machineries (Noise exposure) 1989 still

applicable after the Occupational Safety and

Health (Noise Exposure) 2019 are in force

Refer Factory and Machineries

(Noise Exposure) Revocation 2019

6

EXPOSURE MONITORING

Continue to be valid for a period of 12 month after the coming

into operation of the Noise Exposure Regulation 2019

ENGINEERING / ADMINISTRATIVE CONTROL Any engineering control or administrative control conducted under the

revoked Regulations, shall be deemed to have been carried out under new

Regulations & continue to be valid for the purpose of reference and record

AUDIOMETRIC TESTING Any audiometric testing conducted under the revoked Regulations, shall be deemed

to have been carried out under new regulation & continue to be valid for the purpose

of reference and record

RECORD All records and maintained conducted under the revoked Regulations, shall continue to be

force and have effects as if they were kept under new Regulations.

PROCEEDING

Any actions or proceedings commenced under the revoked Regulations which is still pending, shall

continue to be valid and shall be dealt under the revoked Regulations.

APPROVAL Any approval granted under the Revoked Regulations shall be deemed to have been granted under new

Regulations and shall continue to remain in full force

TRAINING

Any employer who has instituted only 1 training program for his employees before the coming into operation of new

regulations, shall provide not less than 1 training program after coming into operation of new regulations

2005 2010 2015 2017

6.93 6.45

4.84 4.90

5.16

3.68

2.81

51,829 41,467 38,753 42,513

Fatality rate /

100,000 workers

Accident Rate /

1,000 workers

Total Accidents

National Occupational Accident

Rates 2005 - 2017

2010 2015 2016 2018

Reported Investigated

7,258

454

1,426

663

5,960

4,034

6,020

3,890

Reported on Occupational Health &

Diseases 2010 – 2018

2020

2.93

4.36

2.53

*Source: SOCSO, JTK, DOSH

*Source: DOSH

2016

41,005

4.84

2.88

2017

7,820

3,860

4,147

OSH

STATISTICS 4

2020 TARGET

http://www.federalgazette.agc.gov.my/outputp/pua_20190301_pua59.pdf



CONCLUSION

The involvement & cooperation of all parties

is important in enhancing

OSH in

Malaysia

OSH plays an important

roles in improving quality of working life, increased organizational productivity and

competitiveness

Implication gap in OSH system will cause losses for the country productivity, competitiveness as well as

national economic growth

in term of

Occupational Safety & Health

(OSH) is a dynamic field concerned with the safety, health and welfare of

at work

people

THANK

YOU

department of occupationalsafety & health sarawak 1 - osh policy_fmm... · department of...

Documents