Niaga SPOTLIGHT: Occupational Safety & Health in Malaysia

Summary

In this episode of 'Nyaga Spotlight,' the focus is on occupational health and safety in Malaysia, particularly the recent Occupational Safety and Health (OSH) Amendment Act 2022. The act, effective from June 1, 2024, expands coverage to all workplaces, introduces new provisions like risk assessment and workers' rights, and increases penalties for non-compliance. Expert interviews delve into the implications for the gig economy, the role of OSH coordinators, and the alignment with international labor standards set by the International Labor Organization (ILO).

Takeaways

• 📜 The Occupational Safety and Health Act (OSHA) in Malaysia, which was enacted in 1994, has been amended to increase safety and health standards in workplaces, with the new amendments coming into effect on June 1, 2024.
• 🏭 Originally, OSHA focused on health hazards in addition to the safety concerns already addressed by the Factory and Machinery Act (FMA) 1967.
• 🛡️ The Department of Occupational Safety and Health (DOSH) works in conjunction with OSHA to reduce fatal safety hazards and health risks, establishing standards and enforcing the law to protect workers.
• 📈 The Occupational Safety and Health Amendment Act 2022 (OSHA 2022) introduces four key pillars and increased responsibilities for employers, including conducting risk assessments and ensuring worker rights.
• 💡 OSHA 2022 increases the maximum penalty for non-compliance tenfold, from 50,000 to 500,000 Malaysian Ringgit, aiming to deter violations and enhance safety.
• 📋 The amendment extends OSHA coverage to all workplaces, except for those listed in the first schedule, including gig economy workers, but excluding domestic employment, armed forces, and workers on board ships.
• 👷‍♂️ The new provision under OSHA 2022 gives workers the right to remove themselves from imminent danger in the workplace, aligning with international labor standards.
• 🔄 DOSH is responsible for developing new standards and industrial codes of practice to address the use of high-risk machinery and to keep up with current technologies and workplace issues.
• 🌐 The International Labor Organization (ILO) plays a crucial role in setting international labor standards and promoting rights at work, including safety and health, through conventions like C155 and C187.
• 🔄 The ratification of ILO conventions by member countries signifies a commitment to uphold safety and health as fundamental principles and rights at work.
• 🚗 The platform or gig economy presents unique safety and health challenges for workers, such as road safety, stress, and exposure to physical and psychosocial risks, which may not be fully covered by existing legislation.

Q & A

What is the primary law governing occupational safety and health in Malaysia?

The Occupational Safety and Health Act (OSHA) is the primary law governing occupational safety and health in Malaysia, which was enacted in 1994.

What was the initial focus of the Factory and Machinery Act (FMA) 1967?

Under the FMA 1967, the initial emphasis was on safety, whereas OSHA 1994 began to place emphasis on addressing health hazards in workplaces.

How has the Department of Occupational Safety and Health (DOSH) contributed to workplace safety?

DOSH, in combination with OSHA, has reduced fatal safety hazards and health risks, established simple and common-sense standards, and enforced the law against those who put workers at risk, saving hundreds of lives and preventing countless injuries and illnesses over the past 30 years.

When did the Occupational Safety and Health Amendment Act 2022 come into effect?

The Occupational Safety and Health Amendment Act 2022 came into effect on the 1st of June 2024.

What are the four pillars of the OSH Amendment Act?

The script does not explicitly mention the four pillars of the OSH Amendment Act, but it discusses the extension of law coverage, introduction of new provisions such as duty to conduct risk assessment, broadening the scope of Occupational Health, and increasing the maximum penalty.

What is the new maximum penalty under the OSHA Amendment Act 2022?

The new maximum penalty under the OSHA Amendment Act 2022 has been increased by 10 times, from 50,000 to 500,000 Malaysian Ringgit.

How does the OSHA Amendment Act 2022 address the gig economy workers?

The OSHA Amendment Act 2022 extends its coverage to all workplaces, including gig economy workers. However, the act classifies gig workers as self-employed, meaning they have obligations to protect themselves and ensure their work activities are safe.

What are the three categories of workers not covered by the OSHA Amendment Act 2022?

The three categories of workers not covered by the OSHA Amendment Act 2022 are domestic employment, Armed Forces, and persons working on board ships, as they are covered under the Merchant Shipping Ordinance.

What is the role of an OSH coordinator in the workplace?

An OSH coordinator assists the employer in ensuring safety and health measures for employees, carries out workplace inspections, supports the employer in conducting risk assessments, and reports any dangerous occurrences or occupational accidents to DOSH.

How does the International Labor Organization (ILO) assist member countries in implementing conventions?

The ILO provides technical assistance to member countries in implementing conventions, including guidance and support in national law and practice, as well as regular reporting on its application.

What are the obligations and rights of workers and their representatives under ILO Convention 155?

Under ILO Convention 155, workers and their representatives have the right to be informed and trained on safety and health, to be consulted on safety and health aspects, and to remove themselves from imminent danger without consequences. They also have the responsibility to respect and follow safety and health instructions and to cooperate with employers.

Outlines

00:00

📚 Introduction to Occupational Health and Safety in Malaysia

This paragraph introduces the topic of occupational health and safety (OHS) in Malaysia, highlighting the Occupational Safety and Health Act (OSHA) enacted in 1994. It emphasizes the evolution from the Factory and Machinery Act (FMA) 1967, which focused on safety, to OSHA's inclusion of health hazards. The paragraph outlines the support systems in place, such as regulations, codes of practice, and guidelines, and mentions the Department of Occupational Safety and Health (DOSH). It also discusses the recent Occupational Safety and Health Amendment Act 2022, which came into effect on June 1, 2024, aiming to enhance workplace safety and health. An interview with Salen Benti, Director for Policy at DOSH, is introduced to delve into the new amendments and employer responsibilities.

05:01

📈 Key Changes in the OSHA Amendment Act 2022

The second paragraph delves into the significant changes brought by the OSHA Amendment Act 2022. It starts with an overview of the Department of Occupational Safety and Health's role in enforcing OSHA since 1994 and the necessity for amendments due to evolving business landscapes and technology. The key changes include extending the law's coverage to all workplaces, introducing new provisions like risk assessment duties, workers' rights, and the requirement for a Certificate of Fitness. The amendment also broadens the scope of occupational health services and increases the maximum penalty for non-compliance. The paragraph discusses the subsidiary legislation and the introduction of new regulations and guidelines to support the new provisions.

10:02

🛡️ Protection for Gig Economy Workers Under OSHA

This paragraph addresses the inclusion of gig economy workers under the OSHA Amendment. It explains that the amendment extends coverage to all workplaces, including gig workers, despite the challenges in establishing the relationship between platform workers and providers. The discussion highlights the self-employed classification of gig workers, which places the onus on them to ensure their safety under OSHA. The paragraph also mentions categories excluded from the amendment, such as domestic employment, armed forces, and workers on board ships, and discusses DOSH's efforts to promote safety and health culture through social media and campaigns.

15:05

🚨 Workers' Right to Refuse Dangerous Work

The fourth paragraph discusses a new provision under the OSHA Amendment that grants workers the right to withdraw from imminent danger in the workplace. This provision aligns Malaysia's legislation with international standards and enables compliance with ILO Convention C155. The paragraph explains the guidance provided by DOSH to prevent misuse of this right and to foster a harmonized working environment. It also touches on the role of the OSH coordinator in facilitating employers' responsibilities under the act and the importance of this role in managing risks and reducing workplace accidents and diseases.

20:07

🌐 ILO's Role in Occupational Safety and Health

This paragraph explores the International Labor Organization's (ILO) role in shaping occupational safety and health standards globally. It describes the ILO as a tripartite UN agency that develops international labor standards and policies to promote safe and healthy work environments. The discussion includes the ILO's process for setting standards, the importance of the International Labor Conference (ILC), and the introduction of new indices like the 'Job Gap'. The paragraph also covers the ILO's work on fundamental principles and rights at work, including safety and health, and the process for member countries to ratify ILO conventions.

25:10

🛠️ Safety and Health Provisions for Gig Economy Workers

The final paragraph focuses on the safety and health provisions for gig economy workers, noting the lack of an official ILO definition for these workers. It provides a general understanding of the platform economy and the associated risks faced by gig workers, such as road safety, heat exposure, and psychosocial risks like stress and anxiety. The discussion highlights the challenges gig workers face due to their classification as self-employed and the varying approaches by countries to extend safety and health protection. The paragraph mentions collective agreements and government regulations as methods to ensure safety for gig workers and concludes with a mention of Grab's initiative to provide insurance for Malaysian e-hailing and food delivery drivers.

Keywords

💡Occupational Health and Safety (OHS)

Occupational Health and Safety (OHS) refers to the policies, procedures, and practices put in place to ensure the well-being and protection of workers from potential hazards in the workplace. In the video, OHS is the central theme, with a focus on the Occupational Safety and Health Act (OSHA) in Malaysia, which is the primary law governing workplace safety and health.

💡OSHA 1994

OSHA 1994, or the Occupational Safety and Health Act enacted in 1994, is the Malaysian legislation that initially emphasized workplace safety and later expanded to include health hazards. It is pivotal in the video as it discusses the evolution and amendments to this act, highlighting its importance in reducing workplace fatalities and injuries.

💡Department of Occupational Safety and Health (DOSH)

The Department of Occupational Safety and Health (DOSH) is the Malaysian government agency responsible for enforcing the Occupational Safety and Health Act. In the video, DOSH is mentioned in the context of working in conjunction with OSHA to establish standards and enforce laws to protect workers.

💡Occupational Safety and Health Amendment Act 2022 (OSHA 2022)

The Occupational Safety and Health Amendment Act 2022, or OSHA 2022, is a recent update to the original OSHA legislation that came into effect on June 1, 2024. The video discusses the new provisions and increased penalties under OSHA 2022, emphasizing its role in further enhancing workplace safety and health.

💡Risk Assessment

Risk assessment is a systematic process of evaluating the potential hazards in the workplace and the likelihood of their occurrence. In the script, the introduction of a new provision requiring employers to conduct risk assessments is highlighted as a key change under OSHA 2022, showing its importance in identifying and mitigating workplace hazards.

💡Certificate of Fitness

A Certificate of Fitness is a document that certifies that machinery, equipment, or work processes meet the required safety standards. The video mentions provisions regarding the Certificate of Fitness as part of the OSHA Amendment, indicating its role in ensuring machinery and equipment safety in the workplace.

💡Occupational Health Services

Occupational Health Services involve the provision of medical and non-medical services to protect and promote the health of workers. The script discusses the broadened scope of Occupational Health introduced by OSHA 2022, which includes the introduction of Occupational Health Services to further support worker health.

💡Gig Economy

The Gig Economy refers to a labor market characterized by the prevalence of short-term contracts or freelance work as opposed to permanent jobs. The video addresses the challenges and protections for gig economy workers, such as those in ride-sharing and food delivery, under the new OSHA amendments.

💡OSH Coordinator

An OSH Coordinator is a role designated to facilitate employers in executing their responsibilities under the Occupational Safety and Health Act. The video explains the importance of the OSH Coordinator in conducting workplace inspections, risk assessments, and reporting dangerous occurrences to DOSH.

💡International Labor Organization (ILO)

The International Labor Organization is a United Nations agency that sets international labor standards and promotes rights at work, employment, and social protection. The video discusses the ILO's role in setting global standards, including occupational safety and health conventions, which Malaysia is working to align with through its OSHA amendments.

💡Job Gap Index

The Job Gap Index is a new metric introduced by the ILO to measure aspects of employment that are not covered by traditional employment indicators. Although not extensively discussed in the script, it is mentioned as part of the International Labor Conference's agenda to address emerging issues in the world of work.

Highlights

Introduction to the Occupational Safety and Health Act (OSHA) in Malaysia and its amendments in 2022.

OSHA 1994 initially focused on safety, while health hazards were addressed later, leading to a reduction in fatal safety hazards and health risks.

The Occupational Safety and Health Amendment Act 2022 came into effect on June 1, 2024, to further increase safety and health levels in Malaysian workplaces.

Interview with Salen Binti Takhim, Director for Policy at DOSH Malaysia, discussing the four pillars of the OSH Amendment Act and new employer responsibilities.

Key changes introduced by the OSH Amendment Act include extending law coverage, introducing new provisions like risk assessment, and increasing maximum penalties.

The amendment aims to align Malaysian legislation with developed nations' standards and rectify ILO Convention C155.

The amendment extends coverage to all workplaces, including gig economy workers, addressing difficulties in establishing relationships in the platform economy.

Exclusions from the amendment include domestic employment, armed forces, and persons working on board ships due to specific regulations.

Promotion of safety and health culture through social media platforms and campaigns like Work World Day.

New provision under the amendment grants workers the right to withdraw from imminent danger in the workplace.

Introduction of the OSH coordinator role to facilitate employers in executing their responsibilities under the act.

The role of the OSH coordinator includes assisting with risk assessment, workplace inspection, and reporting dangerous occurrences.

Discussion on the International Labor Organization's (ILO) role in setting international labor standards and promoting safe and healthy work environments.

Explanation of the process for a member country to ratify an ILO convention, including the legal obligations and technical assistance provided.

The upcoming 112th session of the International Labor Conference (ILC 2024) in Geneva, focusing on international labor standards and policies.

The ILO's efforts to address the safety and health of gig economy workers, including the challenges and approaches in different countries.

Local initiatives in Malaysia, such as Grab's sponsorship of insurance for e-hailing and delivery drivers, as a step towards gig economy workers' safety.

Transcripts

[Music]

hello and welcome to nyaga Spotlight

with me Tamina Ki Naga Spotlight goes

through the week in business and future

Affairs market watch Industries analysis

and insights we've got you covered right

here on niaga Spotlight well this week

on analysis we're looking at

occupational health and safety in

Malaysia now as an introduction though

of course the occupational safety and

health act OSHA is the primary law

governing occupational safety and health

in Malaysia it was enacted back in 1994

and took effect on February the 24th

1994 it was initially running parallel

with the factory and machineries act

1967 or FMA which was the occupational

safety legislation available at that

point in time now under the FMA the

natural emphasis was on safety while

OSHA 1994 began to place emphasis on

addressing health hazards in workplaces

so over the years OSHA 1994 was

supported by regulations industrial

codes of practices and guidelines to

further supplement Provisions in the act

the department of occupational safety

and health Dosh in combination with OSHA

has of course reduced fatal safety

hazards and health risks established

simple and Common Sense standards and

enforces the law against those who put

workers at risk now this has saved

hundreds of lives and prevent Ed

countless injuries and illnesses over

the past 30 years the occupational

safety and health Amendment act 2022 or

OSHA 2022 has actually just come into

effect as of the 1 of June 2024 and this

now further increases the level of

safety and health at Malaysian

workplaces I have the opportunity to

speak with Salen bentti took him in who

is director for policy at the

international and research Development

Division at the department of

Occupational safety and health do

Malaysia to better understand the long

awaited four pillars of the OSH

Amendment act as well as new

responsibilities of employers towards

employees let's

watch good morning pelina how are you

doing thank you so much for making time

to join us on Naga

Spotlight okay good morning uh missmina

thank you very much for inviting me to

join your show this

morning fantastic uh points Lena firstly

of course um let's start off by talking

about some of the key changes which have

been introduced now by the occupational

safety and held the OS Amendment act

which is of course just come into Force

as of 1 June

2024 okay thank you for the question uh

let me start with the introduction first

uh as a department uh as a as a

government agency which is Department of

occupational safety and health we we are

enforcing the occupational safety and

health act

1994 in short we call it as a act 514

and this act has been gazetted and

enforced by the department of

occupational safety and health since

1994 uh after more than 25 years of

enforcement and due to changes in

business landscape yeah and development

in Malaysian economic and as well as

involvement in technology and emerge of

various new employment sector have uh so

all this one will be potential to expose

the workers to a new occupational safety

and health hazard so to address this

scenario this is the need to amen uh the

OSHA uh thus in March uh

20222 the occupational sa and health

Amendment act uh has been gazetted and

the enforcement date was 1st June uh in

uh 20 24 uh in the amendment if I can

explain a little bit uh the amendment

still remain uh the principle of the

oosha and the principle we call it as a

self- regulations mean those who create

the risk they are IR responsible to

overcome the risk and among uh the

critical provision under the uh previous

act we call as a factory and missionary

act will be incorporated into the

amendment and this combination of two

principle result in the act that is

self-regulatory but will adopt the Prive

approach for issue involving the you the

use of highrisk

missionary and uh for this we will uh

develop more standard and Industrial

code of practice uh and I will uh

explain or share a little bit on the key

change introduced by the OSHA Amendment

so among others there are the uh crucial

uh uh uh things that we put in the

amendment uh number one is uh we extend

the law coverage from only appli to

those Industries listed in first

schedule in the existing oosha to all

the workplace except those listed in the

first

schedule that is number one so secondly

is we introduce a new provision such as

duty to conduct risk assessment a

workers's right and or coordinator and

the third one is provision regarding the

plan Integrity missionary require

Certificate of Fitness uh the the fourth

one is uh we broaden the scope of

Occupational Health by introducing

Occupational Health Services and the

last one of course we increase the

maximum penalty about 10 time from

50,000 to 500,000 ring Malaysia we hope

that with this uh increment will give a

deterent effect to those who not comply

with the law and and uh about the

subsidiary legislation because every act

they have a subsidiary legislation uh

for the existing subsidiary legislation

will remain uh enforced and we will

amend uh certain uh area to streamline

with the current Technologies as well as

to C current issues in workplace

and as well as uh under the amendment uh

of Osha the new regulation and guidance

will be introduced to describe further

the requirement of this new provision so

that that's my yeah thank you very much

pelina I think that was a very thorough

um compilation of some of the more four

main changes which actually the OSHA is

going to have now and of course ever

since the introduction of Osha in 1994

workplace injuries Etc fat ities have

dramatically reduced and it has

definitely improved the quality of life

in the workplace for pretty much most

Malaysians but at the same time

considering that of course we're now in

2024 um other Industries in particular

um the gig economy is also a very large

part of working life with close to um

4.4 million Malaysians also as part of

the entire gig economy can I ask that

whether the oosha amendment also now

include protection for G economy workers

and if so um what would be the approach

for extending such protections to those

who are still not covered by OSHA okay

thank you mmin for the good questions as

I mentioned just now under the OSHA

Amendment the coverage extend to all

workplace across the country and this

broader coverage will protect more

workers and benefit approximately 15

million workers Nation White and the

coverage also include the geek worker

but since there is difficulties to

establish the recent the relationship

between platform workers and platform

provider and among those debated is

whether platform provider is a employer

of the platform workers yeah and under

the uh OSHA however geek economy was

classified as a a geek workers sorry

geek workers is uh was classified as a

selfemployed person and this mean that

they have obligation under the ACT to

protect themselves and to ensure their

work activity are safe and do not harm

others who might be affected by their

activity so regarding the Assumption

from the application of Osha means those

who are not covered the amendment least

three category of them uh number one is

domestic employment uh in relation to

person employ another or is employ for

example uh I'm employ my mid and I'm and

my mid is not covered under the under

the uh under this amendment uh act

because housewife activities is relative

relatively low risk it's just like uh uh

uh housework for example uh for instant

cooking washing so ironing that's why uh

we exclude uh this uh scope of domestic

employment from uh from uh from uh

application of the of the act the second

one uh assumption that we give to the

Armed Forces because they have a

specific procedures instruction and the

third one is on uh a person who work on

board uh board ship because they are

cover under machine shipping ordinance

yeah Merchant shipping

ordinance uh however to inculate uh

safety and Health culture okay Doge

continuously promote awareness through

social media platform for instance

Facebook uh Tik Tok the platform favored

by the Young Generation and seasonal

campaign such as Work World o day or we

and many more to teach to reach all

level of workers as well as the public

thank you thanks very much for

explaining that in great detail upon

Selena and I think what is quite

interesting that I'd like like to pick

up on from over there as you mentioned

um by the very good example of domestic

work such as what domestic workers do

around Malaysian homes we also

understand that the Amendments now

include a new provision and this

provides the right of employees to

remove themselves from imminent danger

in the workplace uh could you please

elaborate what exactly this new

provision might entail um especially

perhaps with a helpful example to

illustrate this in potenti IAL action

okay uh one actually one of the reason

we amend the Usha is to ensure that

Malaysian or legislation align with the

standard observe in develop nation and

enable Malaysia to rectify uh IO

convention

c155 and therefore the amendment

introduced the workers right provision

under Section

26a which Grant workers the right to

withdraw from the workplace if there is

an imminent

danger that could affect their safety

and health okay this provision align

with the requirement of Article 13 of

the occupational safety and health

convention uh

1981 the number

is5 to but to uh guide both parties yeah

the employer uh and the employee

especially the employee using their

right to remove thems if there is an

imminent danger do has published workers

right guidance to avoid this provision

being misused and to create harmonized

working environment that's why we do to

to make sure both party understand how

to use this what we call a workers's

right that's my

explanation thank you thanks very much

pelina and perhaps one last interesting

area of elaboration now the OSHA act now

also introduces the role of the OSH

coordinator would you be able to

elaborate on what exactly this would

entail having an OSH coordinator in the

workplace um how often the frequency of

their visits or are they actually

situated within the zone of employment

and how this introduction of the role

can actually reduce uh or risks okay uh

as I said just now the underlying

principle on and philosophy of the

occupational safety and health Act is

place the responsibility for managing

RIS is squarely on those who create them

and the designation of the O coordinator

is not uh intended to absolve the

employer of their responsibility as

stipulated under the legislation rather

this is aim to facilitate yeah to

facilitate the employer to execute their

responsibility under the act and uh to

coordinate uh or matters within the

workplace

uh this is the role of a coordinator

among others number one is to assist the

employer yeah to assist the employer to

uh to any activities or to any person

who give the responsibility in the

workplace regarding measures to ensure

the safety and health for the uh

employees that is the number one roles

of O coordinator secondly is the O

coordinator roles are uh to carry out

the workplace inspection so adding the

employee in carry out work inspection to

assess the potential Hazard posed by the

Machinery equipment material processes

or any work in the work place that could

result in Bly uh harm to the employee

that's why the role of otic is very

important so that the employer can uh

can uh achieve uh their responsibility

under the ACT uh other than that uh the

ordinator also supporting employer to

conducting a risk assessment uh the new

provision that we we introduce under the

amendment is the responsibility of

employer to conduct the risk assessment

so from the risk assessment we will

identify what are the control measures

should be uh Implement uh in place so

that we can uh reduce the potential of

accident or occupational diseases to

happen in the workplace is and uh lastly

is uh to report any uh uh dangerous uh

uh occurrence any occupational uh

accident any occupational disease to

dodge so that we can uh do the

investigation and make sure the employer

will do the correction and to prevent

the same uh accident from occurrence so

so so with regard to whether uh we have

a sufficient o coordinator to meet the

demand it is not an issue actually

because because the requirement under

the law with regard to O grator is the

employer have to appoint one of the

employee to act as the O coordinator uh

so the most probable employee who had a

good knowledge in O will be appointed as

a orator to help

employer uh to comply with the law and

and do believe that the appointment of O

coordinator can Aid employee in

effectively managing risk and reducing

workplace accident and occupational

disease within their workplace that is

the role of yeah thank you very much

pelina for helping to explain in great

detail actually what these what exactly

these new OSHA amendments act entail

overall we really appreciate you taking

the time thank you very

much well we take a b quick break on

that note don't go anywhere we'll be

right back with nagas paa

[Music]

welcome back you're still watching Naga

Spotlight with me Tamina Ki now still on

the topic of Occupational Safety and

Health in tandem also the 112th session

of the international labor conference or

ilc 2024 is also happening from third to

the 14th of June in Geneva Switzerland

where Malaysia is of course also a

participant as a signatory now the

conference sets International labor

standards and Broad policies of the

international labor organization these

fundamental principles and rights at

work of course include safety and health

at work as embodied in IO conventions

155 and Convention 187 as well as what

ratification of IO conventions actually

entails Natsu Noami technical advisor

with labor law and industrial relations

reform for ILO Malaysia joins me now

online to discuss a little further good

morning Natsu how are you doing thank

you so much for making time to join us

on Yaga

Spotlight good morning thank you for

having me today fantastic uh Natsu could

I get started off by you perhaps um

elaborating in detail what is actually

ilo's quite often unseen role in The

Working lives of people

everywhere thank you for the opportunity

to introduce ourselves so the io

International labor organization is a

specialized agency of the United Nation

uh the only tripartite uh body which

brings together not only governments but

employees and workers of all IO member

states now we have 187 member states IO

was created in 20 no sorry 1919 in the

aftermath of the World War I with the

realization that the universal and

Lasting peace cannot be accomplish

without social justice and our mandates

are to set International labor standards

and to develop policies and programs to

promote PE and work for all and as you

said Miss deina International labor

conference get together um our member

states get together uh government and

employers and workers get together um

it's called otherwise known as

International parliament of Labor our Al

members discuss key issues in the and

the do International labor St and

monitor their implementation and this

year it's already started last last week

and it continues into this week uh next

week that's right exactly so it's very

interesting also that uh everything

which is going to be coming out of ilc

24 will also be having some interesting

new indexes um such as IO specialist

they have devised a new index called job

Gap to make up for um some issues that

we are not very much aware of just yet

there are also some other interesting

Comm committee such as the recurrent

discussion committee on fundamental

principles and rights at Works which

will be examining the impact of multiple

and interdependent crisis and how they

actually affect implementation of

fundamental principles and rights at

work now speaking about fundamental

principles and rights at work uh Natsu

these of course include safety and

health at work as embodied in IO

convention 155 and uh also convention

187 but before we go into our what these

conventions are about could you kindly

please share with us first um the quite

complex um mode of what it entails to

actually ratify any ILO convention by a

member

country definitely so International

labor standards are legal instruments uh

drawn up by the I Tri party constituents

and set out basic principles and rights

of work they can be either convention or

protocol or recommendations conventions

or Protocols are legally binding

International treaties that may be

ratified by member states whereas

recommendations are not um serve as

non-binding guidelines normally one

subject if there's a occupational safety

and health convention there's a

companying recommendation that provides

guidance uh to implement uh the

convention so these conventions and

recommendation are set um but the

legally binding is the convention and

when a member states ratifies the

convention It generally comes into force

uh for that country one year after the

date of ratification and ratifying

countries undertake to apply the

convention in National Law and practice

and to report to the ILO on its

application at regular intervals and

technical assistance is provided by Theo

uh people like us uh in the field and

also in Geneva if the country needs

assistance in implementing a convention

we provide a technical assistance

um and by ratifying fundamental

conventions on occupational safety and

health convention 155 and commission 187

member states would demonstrate first

their commitment to respect and promote

safety and health as a fundamental

principle uh and right at work and

create a maintain safe and healthy

workplace uh where workers are protected

against safety and health hazards and

risks and promote continuously and

National preventative safety and health

culture um if if you would like I can

also U say more specifically about what

convention 155 uh ratification entails

yes yes please I think we would really

appreciate that particularly as of

course the nature of work has also

changed quite rapidly ever since um the

past 30 years whereby Malaysia actually

first introduced the oia in Malaysia

itself I I would love for you to do

that definitely and Malaysia ratify 187

before and I think Mr Lena said that

they will ratifying 155 as well which is

a fantastic news and we have been

working very closely with them um so

the5 convention 155 when it's ratified

by a country um the there are a lot of

things that the country uh the

government only not only the government

but the employees and workers and any

other people for involved uh have the

obligations and rights so let me start

with the national level first of all a

ratifying government must formulate

Implement and not only that periodically

review a coherent National policy on as

it is very important to review regularly

to make sure that the emerging or new

risk in ts are properly addressed and

the government also identify

Arrangements on the measures to be taken

for the policy implementation and

enforcement as well uh in coordination

between authorities and bodies and

provision of a guidance to employ and

workers and at the workplace

level is to ensure that the working

environment safe and without risk to

help so the risk assessment is very

important and risk Mitigation Of course

and the workers and their

representatives also um have

responsibility which is to is to uh

respect and follow the instructions on

safety and health given by the employers

and uh they also have of course rights

and rights and Duty is uh to cooperate

with the employers as I say and they

receive adequate information and

training from the employers on safety

and health and to have the right to

inquire and to be consulted on all

aspects of safety and health and where

there is an iminent and serious danger

workers and their representatives must

report to the employer and um they have

to be able to remove themselves from the

risk and without any consequences for

example a disciplinary measures or dis

missile so those are the um rights and

responsibilities of all parties uh yes

thank you thanks very much natu for

actually emphasizing how it is indeed a

closed loop if adhered to and followed

um appropriately now um going into uh

deeper detail perhaps ansu now OSH

provisions and protections for workers

against hazards uh and in particular

platform economy or as we know it more

colloquially the gig economy workers

what should these ideally entail

particularly concerning the uh sometimes

um tumultuous nature of gig work such as

for example ride delivery and right

sharing definitely um the ILO so far

does not have a official definition of

platform economy or gig worker but let

me give you a general understanding of

this platform economy which is a digital

service that facilitates interactions

between two or more sets of users who

could be firms or individual uals who

interact through the service via the

Internet so I understand that in

Malaysia when you say gig economies uh

people think mostly about eading and

pading drivers so that that is fine and

the these people definitely have safety

and health risks uh road safety and

exposure to heat and not only those

physical risks they also have par uh

psychos social risks such as stress

anxiety exhaustion and depression

because we understand that the platform

work workers are often subject to rating

system H by customers and to their

algorithmic decisions which determine

the platform workers activities and but

this rating system often don't have a

feedback uh the mechanism for the

workers to appeal uh when there is

unfair evaluations and these kind of

things uh increase workers Stress and

Anxiety and also spending excessive

amounts of time logged on in order to

find sufficient work can increase the

physical risk to eye problems or

cardiovascular problems and and because

of the physical inactivity and exposure

to violence and harassment has also been

reported um now in many countries in the

world platform workers are either

entirely or partially excluded from

safety and health protection because of

their classification as self-employed

workers or own account workers because

label law normally applies to um

employees but the occupational safety

and health act could apply to

um workers beyond the employees now

self-employed workers generally have

limited resources to meet employer

obligations such as risk assessment and

risk mitigation and in some cases they

are not even aware of their legal

obligations with respect to their own

safety and health um many countries in

the io member states take different

approaches uh to protecting the safety

and health of a platform workers for

instance some countries specifically

extended their existing National

legislation on safety and health to the

platform workers whether they're

employed or whether they're

self-employed it does not matter the ash

protection can be extended where other

countries develop admit administrative

regulations or guidelines to require uh

for example platforms provide access to

toilets for delivery with drivers for

example and not only the government uh

regulation or law it is very importantly

Collective agreements between employers

and workers are used in other countries

for example so far the collective

agreements have been concluded between

certain platforms and Trade union

federations and confederations to extend

safety and health protection to platform

workers for example collec agreements on

road safety training and equipment

equipment or suspension of order

deliveries in the event of unsafe

weather conditions so it is also so uh

after to the employes and workers to to

decide the conditions um that concern

safety and health of the platform

workers and actually we will learn more

about the other countries experiences in

the next ilc uh next

June absolutely and it's also very

interesting to note that um locally

speaking at least in the Malaysian

ecosystem when it comes to the gig

economy grab has indeed um recently um

gone forward with sponsorship of

insurance for over1 180,000 Ealing and

pealing drivers which is a good start as

any U Natsu thank you so very much for

your time and insights I do think we

learned quite a bit about what will be

happening in the forthcoming months and

we wish you and the iso all the very

best with the remaining proceedings for

ilc 2024 thanks for your

time thank you for having us thank you

fantastic well that's all we have time

for today this has been Naga spotl with

me Tamina CI we'll see you next Friday

Friday with more business analysis and

insights here's to a productive week

ahead

[Music]