Covid-19

Frequently Asked Questions (FAQ) on the Movement Control Order by Ministry of Human Resources Volume 4

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The Ministry of Human Resources Malaysia has released “Soalan Lazim (FAQs) Mengenai Perintah Kawalan Pergerakan Kementerian Sumber Manusia Bilangan 4” on 7 April 2020. Click here to download the FAQs.

The following is the English translation of the said FAQs:

For FAQs on the Wage Subsidy Programme (Questions 1 -24), please refer to our previous post here: Social Security Organisation (PERKESO)

Department of Occupational Safety and Health (JKKP)

25. What happens to my AGTES competency certificate that has expired during the MCO period?
The validity of the AGTES competency certificate will be deemed to be extended automatically for 90 days starting from the last day of MCO. However, AGTES will still have to inform JKKP for record purposes.

26. How can I inform the above notification to JKKP?
For notification to JKKP, AGTES are required to fill up the required information in Google Form here: https://forms.gle/fgd6hxQXKE6gvoEE6.

27. After MCO period ends, can AGTES still continue their work?
They are allowed to continue their work for 90 days after the MCO period ends (See question 25), and they are required to submit new applications through the MyKKP system at the same time.

28. If the AGTES expired before the MCO period, are they allowed to continue their work?
No. This automatic extension only applies to AGTES who have their competency certificate expired during MCO period only.

29. The AGTES refresher course cannot be attended or is cancelled because of the MCO. Can a renewal of AGTES be done without a refresher course certificate?
No. AGTES refresher course certificate is required before submitting a new application.

30. My AESP Certification Card has expired during the MCO period and I was unable to attend the AESP refresher course .
The AESP Certification Card that has expired during the MCO period is deemed to be extended automatically for 90 days from the last date of the MCO.

31. For AESP, am I required to inform DOSH?
Not required. Employers are responsible for ensuring that the confined space entry programme under the Industry Code of Practice for Safe Working In A Confined Space 2010 is satisfied, before giving permission to the AESP to work.

32.  Can the Training Centre (AESP /AGTES) carry out training during the MCO period?
Not allowed. The Training Centre is not included in the list of essential services under the enforcement of the MCO.

33. Approval of the Training Centre (AESP / AGTES) operated by my company expired during the MCO period. What should I do?
Training Centre (AESP / AGTES) can submit an application for renewal by email to the Industrial Hygiene and Ergonomics Division of the Department of Occupational Safety And Health Malaysia (DOSH).

34. For further enquiries, whom should I contact regarding to the DOSH services?
Further enquiries can be made via email to: [email protected]    

35.  Is the System of Control & Management of Document (SKUD) helpdesk services operating?
SKUD helpdesk services operate as usual by phone, email and website (8.00am – 5.00pm).
36. Is COVID-19 an occupational disease that needs to be reported to the Department of Occupational Safety and Health (JKKP) ?
  • Based on the Occupational Safety And Health (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease) Regulations 2004 (NADOPOD), COVID-19 can be categorised as an occupational disease as stated in Item 7, Schedule 3.
  • Occupations that are included in Item 7, Schedule 3 are works with activities that involve direct exposure to COVID-19 virus. Examples of occupation in this category includes: doctor, nurse, lab workers and researcher.
  • Therefore, employers and medical practitioners are obligated to report to JKKP COVID-19 cases that happened among the employees that work with work activities that involve direct exposure to COVID-19 virus. Report must be made online through this link : http://ejkkp7.dosh.gov.my/ejkkp7 .

37. Employee A and Employee B are production operators in an electronic plant. Employee A had been infected with COVID-19 caused from exposure outside of the workplace.
Meanwhile, Employee B had been infected from Employee A through interaction at the workplace. Are two of these cases considered as occupational diseases?
Both cases are not occupational diseases under the NADOPOD Regulations because the scope of their works does not involve direct exposure to COVID-19 virus.

38. What is the status of re-inspection of factories which the date falls in the Movement Control Order (MCO) period OR certified machineries which the expiry date of the Certificate of Fitness (CF) ends during the MCO period?
  • In line with MCO that started on 18 March 2020, re-inspection of factories OR certified machineries in those categories is POSTPONED until 3 months from the date of the re-inspection of factories and the expiry date of the certificate of fitness of the said machineries.
  • This postponement is made based on the Regulation 15(1), Factories and  Machinery (Notification, Certificate of Fitness and  Inspection) Regulations 1970.
OR
  • Division / State Director can allow statutory inspection be carried out for critical safety reasons, but still subject to the latest order from the National Security Council.

39. What is the execution method for presentation of reports, interviews or verification of Competent Person (CP) in the MCO period?
For these competencies;
  • CHRA Assessor
  • IAQ Assessor
  • Hygiene Technician 1
  • Hygiene Technician 2
  • Safety and Health Officer
  • Loud Noise Risk Assessor
Applicants are given 2 options:
  • Option 1: Presentation of reports, interviews or verification using suitable alternative methods such as teleconference or phone interviews in MCO period.
  • Option 2: If option 1 cannot be executed during MCO period, presentation of reports, interviews or verification will be rescheduled after MCO period ends.
For competencies other than those listed above, they are postponed until further notice.


MINISTRY OF HUMAN RESOURCES
7 APRIL 2020


For more insight into this area of law, please contact our Partners in the Employment & Industrial Relations Practice Group:
P Jayasingam
Wong Keat Ching 
Thavaselvi Pararajasingam