The Role of Trade Unions in Safety and Health at Workplace
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Department of Occupational Safety
and Health (DOSH)
MALAYSIA
• Introduction: OSH Framework in Malaysia
• OSH Tripartite Concept
• The Role of Trade Union in OSH
• Function of Safety Representative
• OSH MP-15
2
VisionVision
MissionMission"To ensure Safety and Health at Work"
"To be the leader of Occupational Safety
and Health"
3
ObjectiveObjective
DOSH
To prevent industrial accidents and occupational
diseases by the year 2015 through:
�Reducing the rate of fatalities up to 20%;
�Reducing the rate of reported accidents
(deaths, permanent loss of ability, temporary
loss of ability) up to 30%;
�Increasing the number of enforcement and
inspection by 20%;
�Increasing the number of OSH competent
persons by 30%
To prevent industrial accidents and occupational
diseases by the year 2015 through:
�Reducing the rate of fatalities up to 20%;
�Reducing the rate of reported accidents
(deaths, permanent loss of ability, temporary
loss of ability) up to 30%;
�Increasing the number of enforcement and
inspection by 20%;
�Increasing the number of OSH competent
persons by 30%
Corporate Values
"Firm, Fair and Friendly"
3
OS
HA 1
994
FM
A 1
96
7
Sta
ndard
Settin
gE
nfo
rcem
ent
- Policy analysis
- Formulate new industry regulations, guidelines and ICOPs
- OSH statistic
- ILO ratification
- Conducting R&D
- OSH focal point
- Design Approval
- Registration (Factories, machinery, work construction sites,etc.)
- Accreditation
- Competent person
- Competent Institutions/Firms
FM
A 1
96
7P
etr
ole
um
(S
afe
ty)
19
84
Enfo
rcem
ent
Pro
motion
- Competent Institutions/Firms
- Inspection
- Audit of OSH System
- Investigation of industrial accidents/occupational diseases or
poisoning
- Industrial hygiene monitoring
- Legal proceedings
- Seminar, campaigns, exhibitions, talks, dialogue, etc.
- OSH Consultation
- OSH promotion/publication in printed & electronic media
- Secretariat for NCOSH
- Promote OSH national agenda
4
Occupational Safety Occupational Safety
and Health Act 1994and Health Act 1994
((Act 514)Act 514)
Factories and Factories and
Machinery Act 1967Machinery Act 1967
((Act Act 139)139)
5
Petroleum Act Petroleum Act (Safety Measures) (Safety Measures) 1984 1984
((Act Act 302)302)
6
• Enhance public awareness on
OSH
• Self regulation become a practice
• National policy & framework on
OSH established
• Promote preventive culture & well • National policy framework on OSH
• Enhance tripartite co-operationpractice
• Create an expert group in various
field & skill
• Strategic alliance at international
level
• Increase enforcement activities
• Focus on new emerging hazards
• R&D – research outcomes driven
• Enhancing leadership (Social
Partners & Public)
• OSH MS as part of business
• Enhance competencies of
officers & OSH practitioners
• Strategic alliance
• Increase enforcement activities
• Focus on critical sectors (SME,
BC, Agriculture, Transportation
& School)
• Conduct R&D
• Enhancing leadership (gov.)
• Regulate Osh MS
• Enhance tripartite co-operation
• Promote preventive culture
• New skill & competencies are
acquired & developed
• Strategic alliance at regional level
• Increase enforcement activities
• Focus on soft issue, ergonomic,
stress & etc.
• R&D – structured & defined
• Enhancing leadership
(employers/Union)• Business Focus – Enhance SMEs
• OSH MS in place
7
ChairmanChairman
Agriculture Education SME Construction PromotionOccupational
diseases
SecretarySecretary
NCOSH carries out its functions by conducting discussions, studies and
investigations, and subsequently presenting suggestions to the Ministry of Human
Resources on matters related to Act 514 in particular the following matters:
i. Changes deemed appropriate for occupational safety and health legislation;
ii. Administration and enforcement of occupational safety and health legislation; ii. Administration and enforcement of occupational safety and health legislation;
iii. Open communication between management and employees regarding
workers safety, health and welfare;
iv. Adequate control methods for industrial chemicals in the workplace;
v. Work-related death and accident statistic analysis;
vi. Issues dealing with the safety, health and welfare of woman, the
handicapped and other groups in the community;
vii. Encouraging the development and acceptance of an industrial codes of
practice related to workers' safety, health and welfare;
viii. Development of rehabilitation plans and facilities to help those injured in
the workplace.
9
IND
USTR
YIN
DU
STR
Y
Ownership,
Implementation
Self
Regulation,
Safety
Culture
AGENDA AGENDA
TOWARD TOWARD
SAFETY SAFETY
CULTURE CULTURE
GO
VER
NM
EN
TG
OVER
NM
EN
T
IND
USTR
YIN
DU
STR
Y
1890 2013 2020
OWNERSHIP
SELF-REGULATE
CULTURE
Formulate,
Enforcement
Culture
Facilitator
GO
VER
NM
EN
TG
OVER
NM
EN
T
Year
10
• OSH Centre Body
(MOHR)
• OSH Advisory Body
OSH Stakeholders
Government
Consensus o
r final agre
em
ent th
ru. Tripartite P
rocess
Consensus o
r final agre
em
ent th
ru. Tripartite P
rocess
• Trade Unions
implementation
• Training/Information
Continuous Improvement
Social Dialogue
Leg
isla
tio
n, N
ati
on
al P
rog
ram
sL
eg
isla
tio
n, N
ati
on
al P
rog
ram
s
Feedback
• OSH Advisory Body
(NCOSH)
OSH National
Authority
Input :
Employers
EmployeesC
onsensus o
r final agre
em
ent th
ru. Tripartite P
rocess
Consensus o
r final agre
em
ent th
ru. Tripartite P
rocess
• Employers
implementation
• Training/Information
• Stakeholder
commitment
• OSH National Policy,
Strategy, Program &
Promotion
• DOSH Malaysia
- Research
- Inspections / Services
- Training
- Information
OS
H N
ati
on
al P
oli
cy,
Leg
isla
tio
n, N
ati
on
al P
rog
ram
sO
SH
Nati
on
al P
oli
cy,
Leg
isla
tio
n, N
ati
on
al P
rog
ram
s
11
OSH Centre Body:Ministry of Human Resources
OSH Advisory Body:National Council of OSH
OSH National Authority:DOSH
TRADE UNION (EMPLOYEES)EMPLOYERS
DOSH
COLLECTIVE COLLECTIVE
BARGAINING BARGAINING
IN OSHIN OSH
12
Roles
Roles
Improving workplace safety and health
Job conditionsRoles
Roles Working hours
Wages
Job contracts & Social Security
13
13
Negotiate safe working conditions for their members.
Disseminate collective bargaining agreements regarding OSH to all union members.
Educate shop-floor union leaders about OSHlegislation, Codes of Practice and support theiractions in ensuring members’ & employers’compliance.
Take active part in the formulation of OSH legislationand policies, as well as monitor and evaluate theirimplementation
Identify, expose and report abuses of workers’ working conditions
Organize awareness-raising campaigns through multifaceted channels toeducate members, employers, public authorities and the population atlarge about the importance of improved OSH working conditions.
14
Section 30 (2) OSHA 1994Section 30 (2) OSHA 1994Establishment of Safety and Establishment of Safety and
Health Committee at Health Committee at workplaceworkplace
15
Assist in the
development of OSH
rules & system – Reg. Reg.
11 (a), SHC Reg. 199611 (a), SHC Reg. 1996
Make correction plan and
make recommendations
to the employer regarding
to OSH issues – Reg. 12 (c), Reg. 12 (c),
SHC Reg. 1996SHC Reg. 1996
Carry out studies on trends
of Accident, near-miss,
dangerous Occurrence, Workplace inspection Function of
Review the effectiveness
of OSH Programmes – Reg. Reg.
11 (b), SHC Reg. 199611 (b), SHC Reg. 1996
dangerous Occurrence,
occupational poisoning
Or occupational disease –
Reg. 11 (c), SHC Reg. 1996Reg. 11 (c), SHC Reg. 1996
Workplace inspection
(at least once in every
3 months) – Reg. 12 Reg. 12
(a), SHC Reg. 1996(a), SHC Reg. 1996
Review OSH policies at
workplace & make
recommendations to the
employer for any revision
of such policies – Reg. 11 (d), SHC Reg. 11 (d), SHC
Reg. 1996Reg. 1996
Function of
SHC
16
Strategy
1
Strategy
2
Strategy
4Strategy
3
17
Facilitate
Smart Partnership
Enforcement
OSH Mgt Sys.
Skill & Knowledge
TechnologySA
FE
TY - Human
- Machinery
- Technology
- Conducive working environment
HE
ALT
H - Eliminate health effect due to chemical exposure
- Ergonomic
- Fatigue
- Occ. Disease WE
LF
AR
E - Decent Work
- Promotes & maintenance of physical, mental and social well-being of workers
- Occ. Disease
ResourcesFocal PointStrategy 1
Government
Leadership &
Practices
Strategy 2
Preventive
Workplace
Culture
Strategy 3
Industry
Leadership and
Community
Engagement
Strategy 4
Strong
Partnership
Locally &
Internationally
1) Government promotes a high level of workplace health and safety performance, and has excellent health and
safety practices in its own workplaces.
2) Work-related fatality rate down by 20% from 12.4 fatalities/100,000 workers, and work-related injury rate down
by 30% from 6.1 injuries/1,000 workers.
3) Industries lead improvements in workplace health & safety practices, and there is strong support for
workplace health & safety in the wider community.
4) Internally; Strong correlation between OSH practitioner & Government. Externally, more bilateral agreements
on OSH implemented.
OU
TC
OM
E
18
Industry Leadership & Business EngagementIndustry Leadership & Business Engagement
�Workplaces, Trade UnionsTrade Unions, employer organizations, industry associations &
training organizations are the vital
components for helping individual
workplaces improve their safety and health
Strategy
3�They need to work together in providing
advice, information, industry standards,
training programmes, influential role models
& best practice examples
�Community engagement is also an
important: Greater community awareness &
concern about safety & health issues creating
a positive & supportive climate for
improvements in workplace safety & health
OUTCOMEOUTCOME
Industries lead improvements in
workplace safety & health
practices & strong support for
workplace safety & health in the
wider community.
19
IndustryIndustry--led OSH outreach led OSH outreach programmesprogrammes by related association by related association (FMM, MEF, CICM, MAPA, MTUC, etc.)(FMM, MEF, CICM, MAPA, MTUC, etc.)
Driving improvements through large organisations(GLCs, MNCs) on vendor, sub-cons, supplier
To estimate & reflect the real-costs of accidents & promote a business case for good OSH management
Build strong capabilities to better manage OSH
Industrial
Publish & disseminate useful & timely OSH information (company & association)
business case for good OSH management
Establish the practice of including OSH performance in contracts
Indentify & recognize industry & community leaders to act as OSH champion (spoke person)
Industrial
Leadership &
Business
Engagement
20
Legislator
Facilitators :
�Compliance Support
�HIRARC brochures
�Posters
�Workshops/Dialogue
Employees Representative:
�Disseminate OSH information,
ENGAGEMENT
�Disseminate OSH information,
best practices, trainings etc.
�Awareness programmes
�Review OSH programmes at
workplace
�Proactive toward OSH
Companies/ Organizations:
�Implementation
IndustryIndustry
Industry
ENGAGEMENTENGAGEMENT
21
OSH BenchmarkingOSH Benchmarking: to share best practices among members/ industries
Formulate OSH Policy & Safety and Health Committee for each Trade Unions (As Role Role models to industriesmodels to industries)
OSH PlanningOSH Planning: Develop OSH Programmes
R & D R & D ProgrammesProgrammes related to OSH issues raised by industries, survey/ field assessment etc
Assist Government Assist Government on policy making (through consultation)
OSH Awareness ProgramOSH Awareness Program: Promote Best Practices, Good Behaviors etc.
22
OUTREACH OUTREACH PROGRAMMESPROGRAMMES
23
OSH in School OSH in School ProgramProgram
24
Dialogue/ Dialogue/ SeminarsSeminars
25
STANDARDSTANDARDSETTINGSETTING
OSH Courier
26
Guidelines for Media Profesional
Launched on 19 March 2012
The guidelines give details on best practices that
members of the media should take into account when
performing their duties.
Guidelines on Mercury Management
Launched on14 May 2012
The programme succeeded in raising
awareness of the dangers associated with
mercury to the health of petrochemical workers.
27
5.84
5.16
7.176.93
7.246.95 6.9
6.3 6.456.17
4.645
6
7
8
40,000
50,000
60,000
70,000
58,365 51,829 49,598 47,469 44,91839,448
41,46741,593
41,540
5.164.77
4.524.15
3.61 3.683.4 3.31
0
1
2
3
4
0
10,000
20,000
30,000
40,000
2004 2005 2006 2007 2008 2009 2010 2011 2012
jumlah kemalangan accident rate/1000 workers fatality rate/100000 workers
68813 30160 22662 5477 8551
62805 28426 22949 50387641
74375 33540 25758 6718 8434
72894 32424 27682 5833 8991
80290 38733 33169 7282 10526
2008
2009
2010
2011
2012
UPV Hoist Lift, Esc., Dbwtr Crane Boiler
No. of Inspections
Year
29
50,072 18,246 14,326 4,6015,734
53,305 19,848 13,633 4,657 5,485
62,296 23,536 16,136 5,405 6,357
62,305 25,632 21,027 5,7507,119
67,273 24,654 21,779 7,727 5,603
70186 29673 22274 54947417
0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000
2002
2003
2004
2005
2006
2007
2008
26,67626,6763,897 / 4,9283,897 / 4,928
6,3376,3371,954 / 2,2391,954 / 2,239
Range of Regulatory
Tools
Advisory/ Warning
Letter
30
6,3376,3371,954 / 2,2391,954 / 2,239
466466223 / 234223 / 234
247247170 / 183170 / 183
NOTICE FMA
NOTICE OSHA
Compound
Prosecution
9,2549,2543,881 / 4,0223,881 / 4,022
30
•• Trade Unions are one of the vital Trade Unions are one of the vital components for helping OSH at workplacecomponents for helping OSH at workplace
•• Trade Unions are the catalyst to boost Trade Unions are the catalyst to boost OSH Preventive Culture at workplaceOSH Preventive Culture at workplace
TRADETRADEOSH Preventive Culture at workplaceOSH Preventive Culture at workplace
•• Contribution of Trade Unions in Contribution of Trade Unions in Community Engagement through OSH Community Engagement through OSH Tripartite Concept are important Tripartite Concept are important
TRADETRADE
UNIONSUNIONS
31
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DOSH MalaysiaDOSH Malaysia,,
LeLevelvel 2, 3 & 42, 3 & 4, Block D3, , Block D3, CComplexomplex D,D,
Federal Government Administrative Centre,Federal Government Administrative Centre,
62530 62530 Wilayah Persekutuan Wilayah Persekutuan PutrajayaPutrajaya, ,
℡℡ 0303--8886 53238886 5323
�� 0303--88898889 23522352
��mdluimdlui@@mohr.gov.mymohr.gov.my
MOHAMMAD LUI JUHARI
www.dosh.gov.mywww.dosh.gov.my
33
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