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

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

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.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 119 (guarding of machinery) and 187 (promotional framework for OSH) together.

A. General provisions

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Articles 2(1) and 5(1) of the Convention. Formulation, implementation, monitoring, evaluation and periodical review of a national programme and policy on OSH, in consultation with the social partners. Following its previous requests, the Committee notes the Government’s information on the progress achieved with regard to the goals of the Occupational Safety and Health Master Plans for Malaysia (OSHMP) for 2009 – 2015 and 2015 - 2020, in particular concerning the reduction in the rate of work-related fatalities and of occupational injuries. The Committee further notes that the OSHMP 2021 – 2025 was adopted in October 2021. The Government also indicates that tripartite consultations were held in developing laws and regulations, as well as programmes and policies on OSH, including the OSHMP. The Committee also notes the Government’s indication that the OSH Act of 1994 is under revision and that social partners are consulted through the National Council for OSH. The Committee requests the Government to provide information on the implementation of the OSHMP 2021 – 2025, including the activities carried out and the results achieved within its framework. It also requests the Government to provide information on the measures taken, in consultation with the social partners, with a view to formulating the OSHMP for the next period. Furthermore, the Committee requests the Government to provide information on the progress made in the revision of the OSH Act, and to transmit a copy of the new legislation, once adopted.

Article 2(2) and (3). Measures that could be taken to ratify the relevant OSH Conventions of the ILO. Following its previous comments, the Committee notes the Government’s indication in its report that it continues to comply with international labour standards on OSH and that the existing legal framework adheres to the relevant ILO instruments. The Government also indicates that once the revision of the OSH Act is completed, it will consider ratifying the Occupational Safety and Health Convention, 1981 (No. 155). The Committee requests the Government to provide further information on its plans concerning the ratification of Convention No. 155, once the revision of the OSH Act is completed, including with regard to consultations with the social partners on the matter.

Article 4(2)(d). Arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives. The Committee previously noted that, pursuant to section 30(1) of the OSH Act, employers shall establish a safety and health committee at the place of work if they employ 40 or more persons. It requested 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. The Government indicates in its report that, in practice, an OSH representative shall be appointed in enterprises of less than 40 employees. Responsibilities of the OSH representative include reporting the OSH status of the concerned enterprise to the Department of Occupational Safety and Health (DOSH), administrating OSH documents, promoting an OSH culture and taking related actions. To date, there are 1,036 OSH representatives registered with the DOSH. There are also 20 approved training centres providing training programmes to OSH representatives. The Government also states that the on-going amendments to the OSH Act provide for the obligation to appoint an OSH representative in enterprises of less than 40 employees. The Committee requests the Government to continue to provide information on the measures adopted, in the context of the revision of the OSH Act, to ensure arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives as an essential element of workplace-related prevention measures.

Article 4(3)(g). Collaboration with relevant insurance and social security schemes for occupational injuries and diseases. The Committee previously requested the Government to provide information on collaboration between the DOSH and the Social Security Organization (SOCSO) in their efforts to collect data on occupational accidents and diseases in the country. The Government indicates that a national accident directory is developed through data sharing between the DOSH and the SOCSO, which is also made public by media dissemination. The Government also states that it is planning to develop a single platform for reporting of occupational accidents. The Committee requests the Government to continue providing information on the development of the single platform for the reporting of occupational accidents. It also requests the Government to provide relevant information regarding the cooperation between the DOSH and the SOCSO on data collection regarding occupational diseases.

B. Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Article 15 of the Convention. Appropriate inspection to supervise the application of the Convention. The Committee previously noted that, according to observations from the Malaysia Employers Federation, the inspection of machinery at an interval of every 15 months had put pressure on DOSH inspectors. The Committee also noted that, in 2012, 24 per cent of the posts for factory and machinery inspectors were vacant (126 of the 518 posts). In reply to its previous comment, the Government indicates that, as at August 2021, there were 1,224 factories and machinery inspectors and that 70 posts were vacant (6.5 per cent). The Government also refers to the Factories and Machinery (Special Inspection Scheme) (Risk-Based Inspection) Regulations adopted in 2014. According to Part II (sections 4–10), for pressurized machinery, the owner may apply for a risk-based inspection scheme. As proved by the DOSH after initial audit and inspection, inspections are carried out at an interval not exceeding 75 months, based on the category of risk associated with the concerned machinery, instead of the interval of 15 months required by section 19(1) of the Factories and Machinery Act 1967. The special inspection scheme may be renewed upon satisfactory results of the following inspections (Part VI, sections 23 – 28). Ad-hoc inspections and audits may also be carried out in the context of the risk-based inspection scheme as an inspector may deem necessary (Part IX, sections 43 and 44). The Government further indicates its intention to privatize regular inspection of certificated machinery to third party inspectors and establish a Regulatory Division to monitor the compliance of the appointed private inspectors with related legislation. This changes will be institutionalized thorough an amendments to the Factories and Machinery Act 1967. The Committee requests the Government to provide further information on the envisaged privatization of machinery inspection, including the procedures and criteria of the accreditation of third party inspectors, specific activities that they may perform, their interaction with inspectors of the DOSH and detailed functions of the Regulatory Division to monitor their compliance. It also requests the Government to indicate the measures taken in order to monitor and avoid possible conflicts of interest with respect to third party inspectors and the employers they inspect. Additionally, the Committee requests the Government to provide detailed information on the implementation of the risk-based inspection scheme established by the Factories and Machinery Regulations of 2014, including the number of enterprises covered by this scheme, the average duration of the scheme, the number of granted schemes revoked due to failure of compliance, and the violations detected during the initial, renewal and ad-hoc inspections. The Committee also requests the Government to provide a copy of the draft amendments to the Factories and Machinery Act 1967 in this regard.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee welcomes the Government’s comprehensive first report.

Article 5(1) of the Convention. Formulation, implementation, monitoring, evaluation and periodical review of a national programme on occupational safety and health (OSH), in consultation with the social partners. The Committee notes the information in the Government’s report concerning the adoption and implementation of the Occupational Safety and Health Master Plan for Malaysia for 2009–15 (OSH-MP 15). It notes with interest that the OSH-MP 15 was developed on a tripartite basis and contains clear objectives and targets, with the overall aim of creating, cultivating and sustaining a safe and healthy work culture. The OSH-MP 15 is the middle stage of a series of three consecutive 5-year action plans that began in 2005, and another occupational safety and health programme is planned for 2015–20. The Committee requests the Government to provide information on the measures taken, in consultation with the social partners, to review the OSH-MP 15 on the basis of the national situation and the national system for OSH, with a view to formulating the next five-year programme for 2015–20.

The Committee is raising other matters in a request addressed directly to the Government.