Ir. MOHTAR MUSRI · Act, 1967 (Act 139) Petroleum Acts (Safety Measure) 1984 (Act 302) Occupational...

Ir. MOHTAR MUSRI Director General of

DOSH Malaysia

Department of Occupational Safety & Health, Malaysia

OSH LEGAL DEVELOPMENTS

IN MALAYSIA

OSH CHALLANGES

OSH INITIATIVES

FUTURE DIRECTION OF

OSH IN MALAYSIA

LAYOUT OF PRESENTATION


IN MALAYSIA

History and Baseline of OSH

Department of Occupational Safety & Health, Malaysia Boiler Safety

Boiler Safety + Machinery Safety

Boiler + Machinery + Industrial Safety

Boiler + Machinery + Industrial + Hygiene Safety

Occupational Safety And Health

1890 1892 1908 1913 1932 1953 1994

LEGAL DEVELOPMENTS IN MALAYSIA

The Perak Order In Council,

Selangor Boiler

Enactment

Negeri Melayu

Bersekutu has been

enforced by Perak Order

Council

Machinery Enactment of

1913

Machinery Enactment of 1932 under

Mineral Department.

The Machinery Ordinance has been enforced.

Factory & Machinery

Act1967 (By Department of Factory & Machinery –

JKJ)

Occupational Safety &

Health Act 1994

1967



Pre-Independence

1876 1967 1994 2020 2015

Post-Independence Self-Regulation Preventive Culture

Control by colonial system

(British)

Focus on rubber & tin

industries (immigrant workers)

First appointed Boiler Inspector

in 1878

In 1913, scope of an inspector

was expand to other dangerous

machinery

Est. Factory & Machinery

Dept

Est. National Institute Of

Occupational Safety and

Health 1985

Formation of , Major

Hazards Div, Ind. Safety Div,

Ind. Hygiene Div, Off-Shore

Div, Health Div, Etc.

Est. National Council for

OSH

Developed national OSH

strategy & program 2011-

2015 (OSH MP15)

Developed OSH MS 1722

Conduct Regulatory Impact

Assessment

Safety elements

integrate into

daily business

CONVENTIONAL OSH SYSTEMATIC APPROACH


Enforced for the purpose ...

(including all sectors in the

Schedule 1, AKKP 1994)

To ensure the safety, health and welfare at

work of employees and others


Factory & Machinery Act, 1967

(Act 139)

Petroleum Acts

(Safety Measure) 1984

(Act 302)

Occupational Safety & Health Act 1994

(Act 514)


Hotel &

Restaurant

Agriculture,

Storage and

Communicati

on

Transport, Storage and

Communication

Public Services

and Statutory

Authorities

Mining and Quarrying Wholesale and

Retail Trades

Construction

Finance, Insurance, Real Estate

and Business Services

Utilities (Electricity, Gas,

Water & Sanitary

Services)

Manufacturing




IN MALAYSIA

OSH CHALLANGES

OSH INITIATIVES

FUTURE DIRECTION OF

OSH IN MALAYSIA



IN MALAYSIA

Problems and Review


National Accident Rate (2004-2014)

58,365 51,829 49,598 47,469 44,918 39,448 41,467 41,593 41,540 43,795 42,148

5.84

5.16 4.77

4.52 4.15

3.61 3.68 3.40 3.31 3.28 3.10

7.17 6.93

7.24 6.95 6.90

6.30 6.45 6.17

4.64 4.62 4.21

0

1

2

3

4

5

6

7

8

0

10,000

20,000

30,000

40,000

50,000

60,000

70,000

2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

accident rate/1000 workers fatality rate/100000 workers

2.58/1,000

5.16/100,000

2015

Target


LACKED OF AWARENESS

OSH IS A LOW PRIORITY

Lack of treatment, compensation

Under-reporting

No picture

of the real impact

of poor OSH

conditions

Low resources for OSH improvement and collection of

information

Public ignorance

A cycle

of

neglect


CHALLENGES: INDUSTRY NEEDS

-Quality of life

-Recognition

-Low Cost

Technology

-OSH Services

-Resources

-Low

Operational

Cost

-Easy access

to market

-Effective

Enforcement

-Accident

-Diseases

-Commitment

-Guidance

-More Profit

- financial, human, capital

- employers & employees

- OSH services,

training, consultancy,

advice

-Raw material

- maintenance

- loan

-OSH Legislation Liberalization

-Simplified process of registration for

setup business

-Modernization of OSH

-FMA + OSHA


NEW CHALLENGES

Changes of Technologies

• High tech with complex machine and industry

Changes of Law & Standard Requirement

• Law and standard must be revised with current needs

Inadequate OSH practitioners

• The proportion of OSH practitioner is inadequate to supply the demand of the workers/ employees.

Inadequate Occupational Health Services

• Malaysia has inadequate facilities or practice to give occupational health services to the employees as well as the public.



IN MALAYSIA

OSH CHALLANGES

OSH INITIATIVES

FUTURE DIRECTION OF

OSH IN MALAYSIA



IN MALAYSIA

OSH-MP15 Achievement and Baseline for the Future


OSHMP 15

To build a safe, healthy, and productive

human capital by creating, cultivating, and

sustaining a safe and healthy work culture in

all organizations throughout Malaysia

OBJECTIVES

1. Increase awareness and knowledge in

OSH.

2. Reduce workplace injuries and fatalities

3. Reduce the numbers of occupational

diseases.

4. Minimize their adverse impacts on

efficiency, productivity, and business

performance.

VISION To be the Ideal Vanguard of

Occupational Safety and Health

MISSION


0

10

20

30

50 60

70

80

100

90

40 0

10

20

30

50 60 70

80

100

90

40

0

10

20

30

50 60 70

80

100

90

40

0

10

20

30

50 60 70

80

100

90

40

0

10

20

30

50 60 70

80

100

90

40

OSH-MP15 PERFORMANCE 2011-2015


GOVERNMENT LEADERSHIP & PRACTICES Government promotes a

high level of workplace

health and safety

performance, and has

excellent health and

safety practices in its own

workplaces.

RATIFICATION OF ILO CONVENTION AND DIRECTIVE: Malaysia has Ratified C187 convention

LAUNCH SPECIAL PROGRAMMERS AND NEW APPROACHES TO IMPROVE OSH: 300 WISE program

237 WIND program

PROVIDE COMPLIANCE SUPPORT TO OSH LEGISLATION: 7 SME Compliance Model

STRENGTHEN THE CAPACITY OF GOVERNMENT TO INFLUENCE OSH OUTCOMES: Increased on OSH compliance in the public sector by 20%

STRENGTHEN NIOSH: -5 Research on OSH

-100% utilization of Laboratory

-Install Exhibition Centre

- Improvement Reccomendation

ENHANCE THE LEGAL AND POLICY FRAMEWORK FOR OSH:

- Migration of OSHA-FMA

- Effectiveness and adequacy studies on existing

legislation and identify new legal requirements

IMPLEMENT EFFECTIVE ENFORCEMENT: - Developed National Injury

Prevention Strategies –

Agriculture

- Improve the One-Stop

Center Data Accident and

Occupational Disease


SHARING BEST PRACTICES: Video clips of Good Practice on Safety and

Health at Work Controlling Machine Furniture

Manufacturing Industry "Think first friends"

SIMPLIFY, DEVELOP AND PROMOTING OSH RESEARCH: - "Behavior Based Safety (BBS)

Implementation Reduce Incidents at the

Workplace" Research

- Promote –Guideline to Encourage Studies

on Occupational Safety and Health (OSH)

according priority in Malaysia.

SIMPLIFY OSH TRAINING AND INFORMATION SERVICES : - Training Incentives Scheme to Improved

Employee skills

- 65 NOSS included OSH Elements

- Improved OSH elements on 3 Module for UTM

Space

- Recognition OSH Trainer Schemes

PROMOTION SCHEMES & RECOGNITION FOR EXCELLENT PERFORMANCE OF OSH PRACTITIONERS:: Non monetary dan monetary shceme

INTRODUCING RISK BASED SOCIAL SECURITY SCHEME: Report on recommendation of “Risk Based Social Security Scheme” in Malaysia

GOVERNMENT LEADERSHIP & PRACTICES Government promotes a

high level of workplace

health and safety

performance, and has

excellent health and

safety practices in its own

workplaces.


INTRODUCING MYKKP SYSTEM Improve accountability through a system of OSH

practitioners MyKKP

OSHMS IMPLEMENTATION / Risk Management - 841 companies implement OSHMS / Risk Management

-17 Seminar / promotion OSHMS carried out

OSH IN SCHOOL - 4 Program ‘OSH in School’/year - 10 pilot schools

- Guidelines for developing OSH curriculum school activities.

INCREASE THE NUMBER OF OHD/OHN 932 increased occupational health doctor

OSH Excellence Logo The logo was introduced and awarded to the industry's with

OSH best practice

OSH INTERVENTION PROGRAM - 5 Program Department introduced

MACHINERY SAFETY SCHEME INTRODUCED Power Press Safety Equipment Scheme

INCREASE THE NUMBER OF TRAINING PROVIDER Course requirements have been identified

PREVENT OCCUPATIONAL DISEASE MORE EFFECTIVELY - 9 Dialog with Medical Practitioners

- 718 visits on Basic Occupational Health (BOH)

PREVENTIVE WORKPLACE CULTURE

Work-related fatality rate

down by 20% from 12.4

fatalities/100,000 workers

Work-related injury rate

down by 30% from 6.1

injuries/1,000 workers


STRONG CAPABILITIES TO MANAGE OSH - 18,579 companies have OSH team & Budget

- 1,356 companies OSH-MS Certified

- Development of Draft Guideline Process Safety Management

OSH OUTREACH PROGRAMS BY ASSOC/INDUSTRIES - 7 OSH poster from different sectors developed by Industry

- 3 program in collaboration with the association

- 114 seminar / dialog by association

- 868 program Outreach

MENTOR-MENTEE PROGRAM -2 Program Mentor Mentee in state/year

-76 mentor mentee pair success

-16 Dialog mentor mentee

OSH ACCIDENT COST (OSHACC) -16,000<viewers until end 2014

- 23 Dialog and seminar, 36,000 Poster & 18,000 Flyer

- 5 new sector of accident cost calculator

OSH PERFORMANCE IN CONTRACT: Development of OSH In Contract Guidelines

DISSIMINATE OSH INFORMATION -Development of OSH Information

Dissemination System through Department

Portal

- Proposal Model Development of Data

Warehouse

INDUSTRY LEADERSHIP & COMMUNITY ENGAGEMENT Industries lead

improvements in workplace

health & safety practices,

and there is strong support

for workplace health &

safety in the wider

community


STRONG PARTNERSHIP LOCALLY & INTERNATIONALLY

Internally; Strong correlation

between OSH practitioner &

Government. Externally, more

bilateral agreements on OSH

implemented.

ENHANCED NATIONAL OSH COUNCIL (NCOSH) 1 report submitted + 1 develop proposal + 1 New NCOSH report

INVOLVED ACTIVELY IN OIC-OSHNET SETUP Developed 1 blue-print for OIC-OSH Net + presented

PRESENT PAPER INTERNATIONALLY Presented 73 International technical paper

RE-BRANDING (NCOSH) New NCOSH logo established and launched

during the National OSH Award 2014

MALAYSIAN TECHNICAL COOPERATION PROGRAMME (MTCP) 6 MTCP program conducted, involved 97

participant and 13 countries

THIRD COUNTRY TRAINING PROGRAMME (MTCP) 4 TCTP program conducted, involved 70

participant from 3 countries (LMV)

INTERNATIONAL TECHNICAL COMMITTEE (ITC) Involved in 25 International Technical Committee + 6 new ITC

DEVELOP OSH-MS FOR SME FOR ASEAN COUNTRIES 1 standard on OSHMS for SME developed in

collaboration with ASEAN+THREE

Department of Occupational Safety & Health, Malaysia 20

Accident Rate (without

commuting)

/ 1,000 workers

Fatality Rate (without

commuting)

/ 100,000 workers

Competent Person

Enforcement and Statutory

Inspection

3.68

6.45

148,825

43,010

2.58

5.16

178,590

55,913

- 30%

- 20%

+ 20%

+ 30%

4.21

3.10

205,689

50,543

FOCUS ELEMENT (KPI) – BASELINE 2010 TARGET 2015 STATUS 2014

OBJECTIVES



IN MALAYSIA

OSH CHALLANGES

OSH INITIATIVES

FUTURE DIRECTION OF

OSH IN MALAYSIA



IN MALAYSIA Planning for the future


OSHA SINCE 1994

SPBP (2005-2010)

OSHMP15 (2011-2015)

FUTURE DIRECTION


OSH STRATEGIC MILESTONE

OSHMP2020


PREVENTIVE CULTURE

A PREVENTATIVE SAFETY AND HEALTH CULTURE … refers to a culture in which the

right to a safe and healthy working environment is respected at all levels, where

government, employers and workers actively participate in securing a safe and

healthy working environment through a system of defined rights, responsibilities

and duties, and here the principle of pre ention is accorded the highest priority ~ (Art. 1(d) of Convention No. 187)~

The element of general principles of prevention

elimination of occupational hazards

evaluation of hazards which cannot be avoided

combating the risks at the source

adapting the work to the individual, especially as

regards the design of workplaces, the choice of equipment and working

and production methods;

adapting to technical progress

replacing dangerous substances by non-dangerous or less dangerous ones

giving collective protective measures

priority over individual protective measures

giving appropriate instructions to the

workers


APPROACH

OSHMP 2020

OSH policies and

legislation

OSH knowledge and skills

Strategic and effective

enforcement

The involvement of

government agencies and

GLCS

OSH Programs on awareness

and information

Accident data review and

analysis Commitment and

involvement of employers and

employees in OSH program

The

employer and employee

awareness of the importance

of OSH

The involvement of

industry and NGOs

Involvement of OSH

Training Centre, TVET

and IPT.

Industrial community

involvement

Effective

OSH management efficiency

Priority assessment of

risks in the prevention of accidents and occupational

diseases


To Support National OSH Vision

“OSH culture prosperous workers, employers and Nation”

STRATEGY 1: STRENGTHENING

GOVERNMENT

LEADERSHIP FOR

OSH

STRATEGY 2: BUILDING A

CULTURE OF OSH

PREVENTIVE

STRATEGY 4: STRATEGIC ALLIANCES

ON OSH

INTERNATIONALLY

STRATEGY 3:

INDUSTRY OSH

LEADERSHIP

• Increased Quality of working lives

• Contribute to increase organizational productivity and

competitiveness.

• Raise OSH awareness and welfare.

• Reduce the rate of occupational accidents from 3.10 to 2.5 /

1,000 workers

• Reduce the rate of occupational death from 4.25 to 3.5 /

100,000 workers

OUTCOME PERFORMANCE INDICATOR


Ir. MOHTAR MUSRI Director General of DOSH Malaysia Email: [email protected]

Ir. MOHTAR MUSRI · Act, 1967 (Act 139) Petroleum Acts (Safety Measure) 1984 (Act 302) Occupational...

Documents

Transcript of Ir. MOHTAR MUSRI · Act, 1967 (Act 139) Petroleum Acts (Safety Measure) 1984 (Act 302) Occupational...