Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 187) sur le cadre promotionnel pour la sécurité et la santé au travail, 2006 - Malaisie (Ratification: 2012)

Referring to its observation, the Committee wishes to raise the following additional points.

Article 2(1) of the Convention. Continuous improvement. The Committee notes the Government’s statement that it is promoting continuous improvement of occupational health and safety (OSH) through prevention programmes comprising enforcement measures, the modernization of OSH legislation, research, training to increase the number of persons in workplaces that are competent on OSH issues and the promotion of OSH through seminars, media and events. It notes that one of the goals of the Occupational Safety and Health Master Plan for Malaysia for 2009–15 (OSH-MP 15) is the reduction by 2015 of the rate of work-related fatalities by 20 per cent, and the reduction of the rate of work-related injuries by 30 per cent. The Committee requests the Government to continue to provide information on the measures taken to promote the continuous improvement of OSH, including the progress achieved with regard to the goals of the OSH MP 15.

Article 2(2). Taking account of the principles set out in instruments of the ILO relevant to the promotional framework for occupational safety and health. The Committee requests the Government to provide information on the manner in which it takes into account the principles set out in the instruments of the ILO relevant to the promotional framework for occupational safety and health (listed in the Annex of the Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197), in addition to the ratified Conventions.

Article 2(3). Measures that could be taken, in consultation with social partners, to ratify relevant OSH Conventions. The Committee notes that the implementation schedule for the OSH-MP 15 includes the ratification of relevant ILO Conventions, with the goal of ratifying three Conventions by 2015. In this regard, the Government indicates that it is in the process of consulting with the social partners with respect to the ratification of the Occupational Safety and Health Convention, 1981 (No. 155). The Committee requests the Government to continue to provide information on the consideration, in consultation with the social partners, of ratification of relevant OSH Conventions of the ILO, including Convention No. 155.

Article 4(2)(d). Arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives. The Committee notes that pursuant to section 30(1) of the Occupational Safety and Health Act of 1994, employers shall establish a safety and health committee at the place of work if they employ 40 or more persons, or if the Director-General of Occupational Safety and Health directs the establishment of such a committee. Section 30(1)(a)(3) of the Act states that every employer shall consult the safety and health committee with a view to making and maintaining arrangements which will enable the employer and the employees to cooperate effectively in promoting and developing measures to ensure safety and health at work of employees, and in checking the effectiveness of such measures. Pursuant to section 5 of the Occupational Safety and Health (Safety and Health Committee) Regulations 1996, this committee shall include representatives of the employer and of the employees. Taking due note of this information, the Committee requests the Government to provide further information on the arrangements to promote cooperation between management, workers and their representatives in enterprises of less than 40 employees.

Article 4(3)(g). Collaboration with relevant insurance and social security schemes for occupational injuries and diseases. The Committee notes the Government statement that the Social Security Organization (SOCSO) is the main authority in delivering social compensation and welfare related to occupational injuries and fatality. The Committee requests the Government to provide information on the collaboration undertaken between the Department of Occupational Safety and Health and the SOCSO in order to collect data on occupational accidents and diseases in the country.