Enforcement role must remain with DOSH

WE refer to the letter “Privatisation a good option” (The Star, April 5) in which the writer proposed the privatisation of the enforcement functions of agencies under the Human Resources Ministry, including the Department of Safety and Health (DOSH).

While we at DOSHtech (association of former staff of DOSH) laud the idea, an in-depth study and careful deliberation on its practicability must be carried out by the stakeholders concerned.

Privatisation should continue to provide a balanced ecosystem where the expected level of safety and health at workplaces are sustainable and, more importantly, at a cost that does not burden industries.

DOSH enforces the Occupational Safety and Health Act 1994 (OSHA) and Factories and Machinery Act (FMA) 1967 and regulations made thereunder.

Factories and installations, designated machinery, lifts, hoisting machinery and etc. are subjected to regular inspections and certified as appropriate. DOSH ensures compliance to safe engineering practices of designated machinery through a detailed design review, fabrication inspection and tests before they are used for the first time. Certificates of competency are issued to qualified and accredited personnel, including but not limited to electric lift competent persons, steam engineers and engine drivers, crane operators, safety and health officers, site safety supervisors, chemical hazards risk assessors and noise assessors, prescribing the roles and responsibilities in their line of duty.

Malaysia has undergone rapid industrialisation, which inadvertently increased the volume of work that places a heavy burden on the available DOSH inspectors to perform comprehensive and thorough inspections effectively.

Suggestions and feedback from industries indicate that it is appropriate for the government to consider outsourcing designated inspection activities to a private or corporate entity to ease the burden. However, the entity must guarantee a sufficient number of qualified inspectors (including retired DOSH inspectors) who possess the knowledge and experience to perform the duties.

The results should be reflected in improved inspection schedules and enhanced service quality that benefit industries and the public.

Occupational safety health (OSH) inspection entails the risk assessment of workplaces, and competent industrial hygienists are qualified to perform the duty.

The writer’s idea of privatising the enforcement role of agencies under the Human Resources Ministry should be clarified. While the inspection activity could be outsourced to a private service provider, the enforcement of the law is an entirely different matter.

The pollution of Sungai Kim Kim is outside the purview of DOSH. There are designated government and statutory bodies that are responsible for enforcing the law on offenders who cause such serious health effects, suffering and misery to the public and damage to the environment.

But OSH enforcement is within the jurisdiction of DOSH, and this regulatory function must not be privatised or outsourced. Trained DOSH inspectors are guided by the Enforcement Uniformity Model (EUM), a tool that is applied to assess enforcement decisions in accordance with the severity of the offences. The power to enforce and proceed with the legal process against the offender is the responsibility of DOSH.

Perhaps other agencies in the Human Resources Ministry (with the exception of DOSH) could be merged, particularly those that deal with non-technical matters like the enforcement of minimum age and wages, unions and industrial relations, worker’s welfare and social security.

The inherent tasks and job description of DOSH inspectors are to enforce laws and regulations that are very prescriptive and technical in content, of which possession of an engineering degree is a prerequisite during recruitment.

Hence, DOSH should not be merged with any other agencies. It must remain a separate entity so that it can continue to provide objective and professional enforcement to protect the safety and health of workers.

MOHAMAD OTHMAN President DOSHtech