Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Referring to its observation, the Committee wishes to raise the following additional points.

Articles 3(2), 8 and 10 of the Convention. Number of labour inspectors throughout the structures of the labour inspectorate, and the functions entrusted to them. Noting an absence of information on this point in the Government’s report, the Committee requests that the Government provide up-to-date information on the total number and distribution of labour inspection officers in Peninsular Malaysia, Sabah and Sarawak, deployed under both the Department of Occupational Safety and Health and the Department of Labour. To the extent possible, this information should be disaggregated by sex.

Article 7. Training of labour inspectors. The Committee notes the Government’s statement that newly recruited labour inspectors are required to undergo a compulsory induction course of between one and three months. Following this training period, inspectors may be given further exposure to specific relevant subjects, and may be sent to participate in training organized by other governmental agencies. The Committee requests that the Government 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, as well as information on the impact of these activities on the application of the Convention.

Article 13. Preventive measures in the area of occupational safety and health. The Committee notes that, according to the report of the Ministry of Human Resources entitled Labour and Human Resources Statistics, the highest number of industrial accidents between 2008 and 2012 occurred in the manufacturing sector (16,684 accidents out of a total of 61,552 accidents in 2012), as well as the highest number of fatal accidents (173 out of 983). The Committee requests that the Government provide information on the preventive action taken by the labour inspectorate in the manufacturing sector, with a view to remedying defects observed in plant, 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.

Article 15(c). Confidentiality of complaints. The Committee once again observes that national legislation does not appear to contain provisions requiring labour inspectors to treat the source of any complaint bringing to their notice a defect or breach of legal provisions as absolutely confidential, and to give no intimation to the employer or their representative that a visit of inspection was made in consequence of the receipt of such a complaint. The Committee requests that the Government indicate whether national legislation imposes a duty of confidentiality in respect of complaints. If no such provisions exist, the Committee requests that the Government take the necessary measures in this regard to bring national legislation into conformity with Article 15(c) of the Convention. It also requests that the Government provide information on the measures taken in this respect, as well as information as to how in practice the confidentiality of complaints and their sources are guaranteed.