CMNT_TITLE

Labour Inspection Convention, 1947 (No. 81) - Malaysia (RATIFICATION: 1963)

Other comments on C081

Observation

Direct Request

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Articles 3(2), 8, 10 and 16 of the Convention. Functions entrusted to inspectors. Number of labour inspectors throughout the structures of the labour inspectorate. Workplaces inspected as often and as thoroughly as necessary. The Committee notes the Government’s information in its report that there are respectively 348 labour inspectors in the Department of Labour (DOL) in Peninsular, 68 in Sabah and 73 in Sarawak. Moreover, there are 1,250 inspectors in the Department of Occupational Safety and Health (DOSH) and 279 inspectors in the Social Security Organisation (SOCSO). The Committee also notes the number of enterprises covered by the inspection services. The Government further states that inspection of workplaces is carried out at specific intervals ranging from 12 to 24 months in accordance with the legislations, in addition to inspection related to the investigation of complaints. However, the Committee notes the absence of information on the functions entrusted to inspectors. The Committee requests the Government to continue to provide information on the total number and distribution of labour inspection officers in Peninsular Malaysia, Sabah and Sarawak, deployed under the Department of Occupational Safety and Health and the Department of Labour, disaggregated by gender. It also requests the Government to provide statistic information on the number and the frequency of inspections performed in each field of supervision. The Committee finally requests the Government to provide detailed information on the functions entrusted and tasks performed by inspectors of the Department of Occupational Safety and Health and the Department of Labour, as well as the proportion of time devoted to each function.

Article 7. Training of labour inspectors. The Committee notes the Government’s indication in response to its previous requests that, upon appointment, labour officers are provided with induction training for a minimum of two weeks. All labour officers are also provided with basic knowledge on labour issues, including employment and occupational safety and health. Moreover, each department carries out in-house training occasionally throughout the career of labour inspectors. The Committee requests the Government to continue to provide specific information on the training activities provided to labour inspectors following their induction course, including on its duration, the number of participants and the subjects covered.

Article 13. Preventive measures in the area of occupational safety and health. The Committee previously noted that the highest number of industrial accidents, including fatal accidents, between 2008 and 2012 occurred in the manufacturing sector. In response to its previous requests the Committee notes the Government’s information regarding the number of inspections carried out by the DOSH in the construction sector, and the number and types of penalties imposed in 2017 in this sector. The Government also indicates that the increase in the number of reported fatal accident is, among others, due to the increase in the awareness of OSH and social security principles among employers and workers. The Committee further notes the statistics on occupational accidents available on the website of the DOSH, which indicates that, despite a decreasing trend in the number of occupational accidents, between 2018 and 2021, manufacturing remains the sector with the highest number of occupational accidents and fatalities. In addition, the Committee notes that the DOSH carried out strategic planning to enhance OSH standards through the implementation of the OSH Master Plan 2016–2020, and of specific plans for critical sectors, including construction and small and medium enterprises. The Committee requests the Government to continue to provide information on the preventive action taken by the labour inspectorate in critical sectors, including the manufacturing and construction sector, with a view to remedying defects observed in enterprises, layout or working methods, including the number of measures with immediate executory force in the event of imminent danger to the health or safety of workers. It also requests the Government to provide statistics on the number of occupational accidents and fatalities with a breakdown by sector.

Article 15(c). Confidentiality of complaints. In response to the requests of the Committee, the Government indicates that legislative provisions regarding the confidentiality of complaints include section 26 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act of 2007, section 53 of the National Wages Consultative Council of 2011 and section 8 of the Whistle-blower Protection Act of 2010. The Government also states that it has always been the policy and practice of the Department of Labour to protect the confidentiality of the complaint. The Committee takes note of the Government’s information, which addresses its previous requests.

Articles 20 and 21. Obligation to publish and communicate an annual report on the work of the labour inspectorate. The Committee notes that an annual report on the work of the labour inspection services is published on the website of the Department of Labour and on the website of the Department of Occupational Safety and Health. The Committee also notes that annual reports are separately prepared by the Departments of Peninsular, Sabah and Sarawak and the Department of Occupational Safety and Health. The Committee requests the Government to provide information on the cooperation of different departments regarding reporting and date collection, as well as the measures taken to ensure the preparation of a consistent annual report, containing information on each of the subject listed in Article 21 of the Convention.