Page 84 - BPAReport

2. The OSHA is applicable to all workers including foreign workers in Malaysia
however FWs have not been properly protected in the workplace. Undocumented
foreign workers are at a greater risk of having accidents due to an increased lack of
proper OSH training and support than foreign workers who are documented.

3. It is therefore recommended that:-

a. Employers need to ensure that foreign workers safety and health procedures are
adhered to.
b. Employers should be provided support to improve OSH and working conditions of
FWs.
c. Foreign workers should be properly trained in OSH process and procedures.
d. Regulators should enforce the OSH standards and breaches of OSHA should be dealt
with in an effective and meaningful manners

6.4 List of international conventions or norms

1. International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families 1990 – not party
2. ILO Migration for Employment Convention, 1949 (No 97) – not party

3. ILO Migrant Workers Convention, 1975 (No. 143) – not party
4. ILO Forced Labour Convention (C29) – designated noncompliant for seven
consecutive years (2012 to 2018)
5. UN Refugee Convention of 1951 and its 1967 Protocol – not party
6. ILO Fundamental Principles and Rights at Work – not party
7. ILO Social Security (Minimum Standards) Convention, 1952 (No. 102) – not party

8. ILO Equality of Treatment (Accident Compensation) Convention, 1925 (No 19) – not
party

9. ILO Protocol to Forced Labour Convention 2014 (No. 29) - not party
10. ILO Domestic Workers Convention, 2011 (No 189) – not party
11. Global Compact for Safe, Orderly and Regular Migration – endorsed
12. Global Compact for Refugees - endorsed

13. CEDAW- Committee on the Elimination of Discrimination against Women - party
14. UNICEF Convention on the rights of Children- Child protection convention - party

International Standing of Malaysia

4. Malaysia has been included in the Trafficking In-Persons Report issued by US-DOL.
Malaysia is ranked TIER 2 WATCH LIST; culpable in Trafficking Victims Protection
Reauthorization Act (TVPRA) for practicing forced labour and child labour activities. It

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