International OSH Standards and Comparative Law
Domain 7 - International OSH Standards and Comparative Law
This domain tests the international framework behind Malaysia's OSHA: ILO conventions, management-system standards and the main comparative models.
Core rules
- ILO Convention No. 155 (Occupational Safety and Health Convention, 1981) requires a coherent national OSH policy, preventive action, tripartite consultation, worker participation, training, statistics and enforcement. Malaysia ratified C155 in 2022.
- ILO Convention No. 161 (Occupational Health Services, 1985) concerns preventive occupational health services. C187 (Promotional Framework for OSH, 2006) requires a national profile, national programme and promotion of a preventive safety culture.
- The ILO-OSH 2001 guidelines set out a voluntary OSH management system based on policy, organising, planning and implementation, evaluation, and action for improvement - the PDCA cycle. ISO 45001:2018 is the certifiable international management-system standard.
- Comparative models: the UK Health and Safety at Work etc. Act 1974 uses 'reasonably practicable'; the EU Framework Directive 89/391/EEC establishes employer duties and worker consultation; Australia's WHS Act 2011 and Singapore's WSH Act 2006 are also Robens-style.
Worked example
A Malaysian employer seeks ISO 45001 certification. The auditor asks how the organisation meets legal requirements. The answer must link ISO 45001 clause 6.1.3 to OSHA section 15, USECHH and NADOPOD - not just to the standard's own paperwork. ILO C155 informs the legal framework but is not directly enforceable in Malaysian courts without domestic legislation.
Traps
Do not say ratification automatically creates individual rights. Do not confuse C155 with C161 or C187. Do not treat ISO 45001 as a legal requirement. Do not equate 'so far as is practicable' with 'reasonably practicable'.