The Role of Trade Unions in Safety and Health at Workplace

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

32

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