Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Labour Inspection Convention, 1947 (No. 81) - Malaysia (Ratification: 1963)

Further to its previous comments, the Committee notes the information contained in the Government's report. It would be grateful if the Government would provide more clarifications on the points raised below.

Articles 3, paragraph 2; 9, 10 and 16 of the Convention. The Committee notes that the Government's report does not directly reply to its previous comments regarding the increase in non-inspection work performed by inspectors that was preventing an increase of the number of inspection visits to a desired level. The Government's report indicates that there has been an organizational restructuring of the inspection system with regional offices being divided into two sections, namely the enforcement service carrying out routine statutory inspections of workplaces and machinery and the technical services performing non-routine functions such as accident investigation, prosecution, promotion and approvals. The Committee further notes that the Government is preparing the introduction, in early 1995, of a comprehensive integrated inspection check-list with assessment standards that will allow quantification of the safety and health standards of workplaces and thus facilitating integrated inspection visits that are more objective and of a higher quality. The Government also states in its report that it expects the introduction of the integrated system of inspection to replace the separate but redundant statutory inspections for safety and for hygiene matters, to permit a more flexible, efficient and effective use of limited manpower in this respect. The Government also expects the introduction in 1994 of a new system of inspection by sector regarding statutory inspections, to provide a clearer picture of the various situations within a sector throughout the different states through the comparison of data and better planning. It further states that this should also help ensure that workplaces are inspected as often and as thoroughly as is necessary within the meaning of Article 16 of the Convention. The Committee welcomes the measures taken and those that are in the process of introduction or planning aimed at ensuring a better application of these provisions of the Convention. The Committee hopes the Government will continue to provide full details of developments in this respect.

Article 5(b). Further to its previous comments relating to the observations of the Malaysian Trades Union Congress (MTUC) of 1989, the Committee notes the Government's reply concerning the changes introduced thus far as well as the enactment, at the initiative of the tripartite National Advisory Council for Occupational Safety and Health, of the 1994 Occupational Safety and Health Act (OSHA), which Act is based on the concept of self-regulation and places the primary responsibility for ensuring safety and health at the workplace on employers and workers. The Government states that the OSHA incorporates provisions promoting proactive consultations and cooperation between the Government, management and workers in efforts to maintain and upgrade safety and health at work as evidenced by its sections that provide for the formation of a tripartite National Council for Occupational Safety and Health to replace the National Advisory Council and the creation of safety and health committees in places of work having at least 40 workers. The Committee hopes these measures will in practice enable the Government to ensure the collaboration between officials of the labour inspectorate and employers and workers or their organizations as required by this Article of the Convention. The Committee would be also grateful if the Government would supply a copy of the OSHA of 1994 with its next report.

Articles 17 and 18. The Committee notes the information supplied by the Government in reply to its previous comments which related to the observations of the MTUC of 1989 concerning the inadequacy of the penalties for violation of enforceable provisions and for obstruction of inspectors. The Government indicates the OSHA provides for more severe penalties.

Articles 20 and 21. The Committee recalls its previous comments where it expressed the hope that annual inspection reports will be published and transmitted to the Office within the periods prescribed by Article 20 of the Convention and that they will contain all the required information, particularly statistics of workplaces liable to inspection and numbers of workers employed in them (Article 21(c), as well as statistics of violations and penalties imposed (Article 21(e)).