Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - Malaysia (Ratification: 2012)

Application of the Convention in practice. The Committee takes due note of the statistical information in the annual report of the Department of Occupational Safety and Health (DOSH) showing an overall decline in the number of occupational accidents, as well as fatal accidents, between 2019 and 2022. The number of accidents decreased from 40,811 accidents in 2019 to 34,216 in 2022. Further, the number of fatal accidents declined from 578 in 2019 to 317 in 2022, representing a decrease in the fatality rate per 100,000 workers from 3.83 to 2.06 over the period. The Committee also notes that DOSH investigated 10,707 occupational diseases in 2022, of which 9,180 were cases of hearing loss due to noise exposure. The Committee requests the Government to continue to provide information about the application of the Convention in practice, including the number, nature and cause of occupational accidents and cases of occupational diseases reported, as well as information on the inspection activities carried out. In particular, the Committee requests the Government to provide information on the measures adopted or envisaged to reduce occupational diseases related to noise exposure.

Articles 2(1) and 5(1). Formulation, implementation, monitoring, evaluation and periodical review of a national programme and policy on OSH, in consultation with the social partners. Further to its previous comment concerning the progress and achievements of the Occupational Safety and Health Master Plan for Malaysia (OSHMP) 2021-2025, the Committee notes the detailed information provided in the Achievement Reports for the years 2021, 2022 and 2023, available on the DOSH website. It notes the information in the 2023 Achievement Report, which provides an overview of the progress made on the OSHMP across its 7 strategic axes, 28 programmes and 74 activities. Some of the key activities undertaken in 2023 include: the delivery of OSH coordination courses; the organization of national and state-level competitions to recognize and promote best practices in OSH management; the implementation of awareness campaigns related to occupational diseases and conducting of health assessments in various workplaces; the introduction of specialized OSH management systems for small and medium-sized enterprises (SMEs); the launch of a mobile application for workers and OSH officers to access safety data, report incidents, and verify safety certifications; and the introduction of awareness programmes targeting digital platform workers and other informal sector workers. The Committee also notes the targets set for the implementation of the OSHMP for the year 2025, which include: (i) reducing the occupational fatality rate to 2.93 per 100,000 workers; (ii) reducing the occupational accident rate to 2.13 per 1,000 workers; and (iii) increasing the reporting rate of occupational diseases and poisonings by 30 per cent. Furthermore, the Committee notes the Government’s indication that, in preparation for the OSHMP 2026–2030, DOSH is conducting consultations with social partners. Finally, the Committee welcomes the adoption of the OSH (Amendment) Act 2022, following consultations in the tripartite National OSH Council. Among other changes, the OSH (Amendment) Act broadens the scope of the Occupational Safety and Health Act (1994) and strengthens the applicable penalties for violations. The Committee requests the Government to provide information on the evaluation of the implementation of the OSHMP for 2021–25. Furthermore, the Committee requests the Government to continue to provide information on the adoption of the OSHMP for 2026–30, including its targets and objectives, as well as the consultations held with social partners during its formulation.

Article 2(2) and (3). Measures that could be taken to ratify the relevant OSH Conventions of the ILO. The Committee notes with interest the ratification by Malaysia of the Occupational Safety and Health Convention, 1981 (No. 155) on 11 June 2024, following tripartite consultation sessions attended by Government ministries and agencies, the Malaysian Employers Federation (MEF) and the Malaysian Trades Union Congress (MTUC). The Committee takes note of this information, which responds to its previous request.

Article 4(2)(d). Arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives. In response to its previous request, the Committee notes the information from the Government that, workplaces with more than 40 workers are required to establish an OSH committee, and that pursuant to the amendments introduced by the OSH (Amendment) Act 2022, workplaces with more than five and fewer than 40 employees are now required to appoint an OSH coordinator to promote cooperation in the field of occupational safety and health between the employer, workers, and their representatives (section 29A of the Act). The Committee requests the Government to provide information on the implementation of section 29A of the OSH (Amendment) Act 2022 in practice with respect to the appointment of OSH coordinators and their role in promoting cooperation in OSH.

Article 4(3)(g). Collaboration with relevant insurance and social security schemes for occupational injuries and diseases. In response to its previous request regarding the development of a unified platform for the reporting of occupational accidents and diseases, the Committee notes the Government’s indication that the platform is still under development, and that currently each agency continues to collect data independently through its own reporting systems. The Government also indicates that, to compile national data, the Social Security Organization (SOCSO) will provide the information to DOSH. In this respect, the Committee notes that, according to the 2023 Achievement Report on the OSHMP25, in 2023 a centralized reporting system for workplace accidents and occupational diseases will be implemented in 2024 and 2025. The Committee requests the Government to continue to provide information on the development of the single platform for the reporting of occupational accidents and occupational diseases.

In addition, the Committee recalls the pending comment regarding the technical OSH Convention ratified (Guarding of Machinery Convention, 1963 (No. 119)), adopted by the Committee in 2021, for which the Government will be requested to reply in 2027 in accordance with the reporting cycle.