REVISITING CAPACITY BUILDING IN SEWERAGE INDUSTRY · 2016-11-30 · 1 1. Sector Overview Government...
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REVISITING CAPACITY BUILDING IN SEWERAGE INDUSTRY 22 DECEMBER 2015
Transcript of REVISITING CAPACITY BUILDING IN SEWERAGE INDUSTRY · 2016-11-30 · 1 1. Sector Overview Government...
REVISITING CAPACITY BUILDING IN SEWERAGE INDUSTRY
22 DECEMBER 2015
i
ABSTRACT
This report highlights immediate concerns of the industry players in the water and
sewerage industry on matters pertaining to training requirements. This report provides
some background to the concerns and their implications and recommends actions to be
taken for resolution.
ii
CONTENTS
Abstract……………………………………………………………………………………….
Abbreviations……………………………………………………………………………….
List of Boxes, Figures and Tables…………………………………………………..
Terms of reference……………………………………………………………………….
Page
i
iii
v
vi
1. Sector Overview…………………………………………………………………………… 1
2. Problems with Sewerage……………………………………………………………… 4
3. What is causing the poor performance of the sewerage system?... 7
3.1 Competency Needs for the Water Services Sector……………….
3.2 Poor Incentives……………………………………………………………………
7
10
4. Analysis of Training……………………………………………………………………… 12
4.1 Description and Objectives of the Acts and Regulations………
4.2 Training requirements…………………………………………………………
4.3 Adequacy of training and burdens………………………………………
4.4 Analysing the Best Practices across Selected Countries……….
12
14
23
33
5. Options…………………………………………………………………………………........ 37
5.1 Training Needs for Water Services Sector…………………………... 37
6. Conclusion…………………………………………………………………………………… 44
7. Appendices………………………………………………………………………………….. 46
iii
ABBREVIATIONS
AGT Authorised Gas Tester
ASQA Australian Skills Quality Authority
BEM Board of Engineers, Malaysia
CIDB Construction Industry Development Board
DOE Department of Environment
DOSH Department of Occupational Safety and Health
DSD Department of Skills Development
EiMAS Environment Institute of Malaysia
IEM Institute of Engineers Malaysia
IWK Indah Water Konsortium
MPC Malaysia Productivity Corporation
MWA Malaysia Water Association
NIOSH National Institute of Occupational Safety and Health
PE Population Equivalent
SPAN National Water Services Commision
(Suruhanjaya Perkhidmatan Air Negara)
SSA Sewerage Service Act
ST Energy Commision (Suruhanjaya Tenaga)
STP Sewage Treatment Plants
iv
LIST OF BOXES
Box 1 : The Star Online: Foul up at Sewage Plant (2012)
Box 2 : The Star Online: Pulau Perhentian reefs under attack from alga (2013)
Box 3 : Example of competency requirements in the report of Reducing Unnecessary Regulatory Burdens on Business: Downstream Oil & Gas
Box 4 : Suggested Framework based on the Australian Skills Quality Authority (ASQA) Model
LIST OF FIGURES
Figure 1 : Sewage Treatment Plants (STPs) Takeover from 1994 – 2008
Figure 2 : Types of Public Sewage Treatment Plant with Population Equivalent
Figure 3 : River Water Quality Trend, 2005 – 2013
Figure 4 : River Quality Trend based on BOD sub-index, 2005 – 2013
Figure 5 : Statistics of Occupational Accidents, 2009-2014
Figure 6 : Distribution (%) of SMEs by Sector
LIST OF TABLES
Table 1 : Feedback from Respondents on Construction Training Requirements
Table 2 : Sections Related to Training Requirement by the Respective Government Department/Bodies.
Table 3 : Requirement for SPAN Permit Application
Table 4 : CIDB’s Requirement for Contractors (related to water and sewerage industry)
Table 5 : DOSH’s Requirement in relation to water and sewerage industry
Table 6 : Training Provider for Training Course on Safe Working in Confined Space
Table 7 : Comparison of the requirement for confined space by DOSH and SPAN
Table 8 : Brief comparison between AGT courses offered by NIOSH (DOSH) and MWA (SPAN)
Table 9 : Example of Training modules and the delivery mode of each courses
Table 10 : Example of Training Costs
Table 11 : Example of Competency Requirement per person
Table 12 : Training Providers in Malaysia and Other Selected Countries
Table 13 : Comparison of the Operators’ Training Courses
Table 14 : Comparison of Course Content between Malaysia and United Kingdom
v
TERMS OF REFERENCE
The 10th Malaysian Plan has mandated Malaysia Productivity Corporation (MPC) to carry
out regulatory review in view of making it easy to do business in Malaysia. This review
process will draw on the expertise and perspectives of both the public and private sector
communities who will help identify key issues and the appropriate solutions. Mandated in
the 10th Malaysia Plan specifically, MPC will:
review existing regulations with a view to removing unnecessary rules and
compliance costs. Priority is given to regulations affecting NKEAs;
ensure that regulators conduct regulatory impact assessment for new regulations;
make recommendations to the Cabinet on policy and regulatory changes to
remove unnecessary regulatory burdens and enhance productivity.
The reviews of existing regulation involve public consultation with stakeholders and
interested parties. The intention is to improve the quality of existing regulations. Other
processes within MPC will focus on ensuring the good quality of new regulation
particularly by applying regulatory impact analysis.
MPC is collaborating with National Water Services Commission (SPAN) to carry out a
study on the capacity building module that had to be undertaken by stakeholders in the
Water Services Industry. The objectives of the study are:
1. To verify whether there is overlap in the training modules provided by various
training providers;
2. To examine whether the training module may support the competency required by
the workers/professionals to perform their work;
3. To identify burdens resulting from regulatory requirements
4. To study other countries’ competency modules offered by their regulators/training
providers.
1
1. Sector Overview
Government made it compulsory in 1980s for any development project for 30
households or 150 people to install a sewerage system. Meanwhile, septic tanks for
individuals or communities prevailed in places with a more limited number of houses. The
policy encourages the private sector to play a key role in developing sewerage systems
in Malaysia, building about 70 to 80 percent of the wastewater treatment infrastructure.
The policy resulted in increases in the number of small-scale sewerage systems. Until
1994, 144 local governments controlled sewerage services all over the country and many
of these services were stated to not meet the standards. With the execution of Sewerage
Service Act (SSA) in 1993 and followed by the formation of the Sewerage Service
Department, the federal government became responsible for controlling all sewerage
assets and signed a concession agreement with IWK to entrust the management of
sewerage services. The contract included operation, maintenance, and development
(that is, upgrading, rehabilitation and expansion of sewerage infrastructure) over a 28-
year concession period.
To improve operation and maintenance, IWK has gradually taken over sewerage systems
of various sizes and types. From 1994 to 2008, more than 8,800 systems have become
public systems and come under IWK’s control while more than 3,000 systems remain
under the direct management of the owners and, thus, are classified as private systems.
IWK does not own the public facilities but only operates and maintains them, which gives
this organization the right to collect sewerage charges. On average, IWK takes over 300
treatment facilities and 1,000 km of sewer network yearly. However, in areas where large-
scale sewerage systems are not provided, private developers will continue to construct
small-scale sewerage systems.
1
Figure 1: Sewage Treatment Plants (STPs) Takeover from 1994-2008
Source: Japan Sanitation Consortium, 2011
The proportions of population served by the various sewerage systems in 2014
are shown below. Most of the population is covered by the Mechanical Plants (72%),
followed by Network Pump Stations, Oxidation Ponds and Imhoff Tank.
Figure 2: Types of Public Sewage Treatment Plant with Population Equivalent
Source: Indah Water Konsotium (IWK), 2014
0
100
200
300
400
500
600
700
800
0
1000
2000
3000
4000
5000
6000
7000
8000
9000
10000
199419951996199719981999200020012002200320042005200620072008
Pu
mp
ing
Stat
ion
s
Tre
atm
en
t P
lan
ts
Axis Title
Sewage treatment plants Pumping Stations
0
2,000,000
4,000,000
6,000,000
8,000,000
10,000,000
12,000,000
14,000,000
16,000,000
18,000,000
20,000,000
0%
10%
20%
30%
40%
50%
60%
70%
80%
Imhoff Tank Oxidation Ponds MechanicalPlants
Network PumpStations
Po
pu
lati
on
No
. of
pu
blic
tre
atm
en
t
Axis Title
No. of public treatment plants (%) population equivalent
2
While, water privatization is generally seen as having mixed results, the process of
privatization has created a more competitive industry, and most observers believe more
efficient service in the long run (APEC, 2010). The UK’s Public Services International
Research Unit concluded: “Because of the country's privatization policies, Malaysia is one
country in Asia which has created a number of national water companies active in water
supply or distribution. Some have become active outside Malaysia, almost entirely in
China; some remain active only on the Malaysian market.”
The National Water Services Commission Act established the commission National Water
Services Commision (SPAN) with powers to supervise and regulate the water supply
services and sewerage services and to enforce the water supply and sewerage services
laws. SPAN oversees, regulates, monitors, and maintains uniformity in the country’s
water sector, addressing issues such as poor water quality, no supply, a loss in earnings
due to nonrevenue water through leaks, water theft and unpaid bills, the disparity in tariffs
among states, and poor enforcement. The National Water Service Commission Act was
put into force in February 2007.
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2. Problems with Sewerage
During the meeting on 12 December 2014, SPAN expressed the following
concerns about the Sewerage Industry in Malaysia:
i. Poor operations and maintenance of the system
ii. Incompetency in design and supervision works
iii. Poor workmanship, quality of construction and installation
iv. Lack of awareness of environmental issues
v. Lack of enforcement action and effluent non-compliance
vi. Obsolete system
Examples of the problem statement are as follow:
Box 1: The Star Online: Foul up at Sewage Plant (2012)
Reported by the Star in 20121, a handful of oxidation ponds and sewerage treatment
plants in the Klang Valley are in squalid conditions (i.e. the sewage facilities at Taman
Sentosa in Klang, Kinrara in Puchong and Taman Sri Petaling in Kuala Lumpur),
causing various health hazards, and unbearable stench. While complaints have been
reported several times to the Indah Water Konsortium (IWK) and the Klang Municipal
Council, the problem was never resolved after many years.
1 Perumal, E. and Michael, S (2012) Foul up at Sewage Plant, The Star Online, Available at: http://www.thestar.com.my/story/?file=%2F2012%2F10%2F8%2Fcentral%2F12134651 (Referrred at: 15 January 2015)
4
Box 2: The Star Online: Pulau Perhentian reefs under attack from alga (2013)
In late 20132, the Star also
reported that the tourism
industry is being affected by
the sewage pollution. A
study by Environmental
Resources Management
(which was engaged by
Reef Check Malaysia) has
indicated sewage pollution
around Perhentian. Of the
13 resorts surveyed, only
two were found to have adequate sewage treatment systems that operate according to
discharge limits. Eight resorts have systems that require maintenance and
refurbishment (generally involving desludging), while three have systems that require
complete upgrades. However, the ERM study discovered poor maintenance of septic
tanks, with only one resort reporting that sludge is transported back to the mainland for
treatment. Some operators have never desludged their septic tanks. Those which do,
routinely discharge sludge directly to sea or land.
The concerns raised by the commission are also affecting river water quality in the recent
years. The Japan Sanitation Consortium (2011) observed that despite the fact that
Malaysia has constructed a vast number of wastewater treatment plants and enforced
quality standards for river water and wastewater discharged from the facilities, the river
water quality has degraded in recent years. Figure 3 below shows that in 2005 to 2013
the number of clean rivers decreased from 338 to 275. The number of slightly polluted
rivers increased from 166 to 173 in the same timeline. Meanwhile, the number of polluted
rivers decreased from 90 to 25 in 2013.
2 Li T.C (2013) Pulau Perhentian reefs under attack from alga, The Star Online, Available at: http://www.thestar.com.my/News/Environment/2013/10/01/Pulau-Perhentian-reefs-under-attack-from-algae/ (Referred at: 15 January 2015)
Stern warning: The treatment
plant in Kinrara does not look
to be fully operational and raw
sewage is floating at the pond
5
Figure 3: River Water Quality Trend, 2005 - 2013
Source: Department of Environment Malaysia, 2013
The Department of Environment, Malaysia (2013) stated that the bigest contributors were
the Biochemical Oxygen Demand (BOD) due to inadequate treatment of sewage or
effluent from agro-based and manufacturing industries. Based on BOD sub-indexes, the
number of clean rivers had significantly decreased from 302 in 2005 to 2 rivers in 2013
while the number of polluted rivers increased from 158 to 281 in the same timeline (Figure
5). The degradation of river water quality caused by BOD may have been attributed to
various sources of organic pollutants, including industrial, domestic and commercials
activities.
Figure 4: River Water Quality Trend based on BOD sub-index, 2005-2013
Source: Department of Environment Malaysia, 2013
338 335368
334306 293 275 278 275
166 180 164197 217 203
150 161 173
9058 48 48 54 74
39 34 25
594 573 580 579 577 570
464 473 473
0
100
200
300
400
500
600
700
2005 2006 2007 2008 2009 2010 2011 2012 2013
Clean
Slightly polluted
Polluted
No. of Rivers Monitored
30
2
13
4 15
8
34
9
10
2 12
2
37
6
11
7
87
32
0
15
6
10
3
18
7
23
8
15
2
10
4
25
5
21
1
44
26
6
15
4
36
27
0
16
7
2
19
4
28
1
C L E A N S L I G H T L Y P O L L U T E D P O L L U T E D
2005 2006 2007 2008 2009 2010 2011 2012 2013
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3. What is causing the poor performance of the sewerage
system?
Two main areas have been identified as contributing to the failure of sewerage system:
i. Poor competency of those working in the water services sector
ii. Poor incentives.
3.1 Competency Needs for the Water Services Sector
Prior to reviewing the water services sector early 2015 (in collaboration with SPAN),
MPC encountered the issue of requiring a competent person imposed by Government
ministries, departments and agencies. For example, the report of Reducing
Unnecessary Regulatory Burdens on Business: Downstream Oil & Gas3, discussed
the issue related to the requirement imposed by Department of Occupational Safety and
Health (DOSH) on the Authorised Gas Tester (see Box 3).
Box 3: Example of competency requirements in the report of Reducing Unnecessary Regulatory Burdens on Business: Downstream Oil & Gas
5.3.1 Issue:-
Prior to the introduction of the industry code of practice in 2010, experienced staff could
be enrolled into the training programme conducted by NIOSH to become an Authorised
Gas Tester. However the new requirement imposes a minimum grade C for science in
Sijil Pelajaran Malaysia (SPM) on existing and potential Authorised Gas Testers.
5.3.2 The objective of these regulatory arrangements
It is likely that the requirement of grade C for science in SPM is to ensure that the
personnel have the appropriate intelligence and sufficient basic knowledge to deal with
gas works.
5.3.3 What are the impacts of these regulatory arrangements?
Experienced Authorised Gas Testers, who do not possess SPM grade C for science
subject, are no longer allowed to carry out the job. It is not only a waste of resources
but also a burden on businesses as they have to hire new staff and send them for
3 Malaysia Productivity Corporation (MPC) (2014) Reducing Unnecessary Regulatory Burdens on Business: Downstream Oil & Gas, MPC, Available at: www.mpc.gov.my (Referred at: 10 January 2015)
7
training. In the meantime they have to redeploy the existing Gas Testers. This results
in the increase in the operational cost of doing business.
5.3.4 Options to resolve the issues
The following options are suggested as means to resolve the issue of Authorised Gas
Tester
1. DOSH studies on the new requirement of SPM grade C for Science existing
Authorised Gas Testers. One suggestion is to incorporate a study on the
correlation between the occurence of accidents and Authorised Gas Testers
without grade C in the science subject.
2. DOSH allows those without grade C in Science but have passed the examination
to continue work as Authorised Gas Testers.
3. Maintain the current practice
**The engagement with businesses occurred in August – December 2013
In late 2014, the team working on Reducing Unnecessary Regulatory Burdens on
Business: Construction, conducted a series of meetings with businesses / contractors
in the construction industry (from Kuching, Penang, Johor and Selangor). The
interviewees were concerned about the training and other requirements imposed by the
Construction Industry Development Board (CIDB) and DOSH (see Table 1).
In addition, early this year, interviews were carried out in Klang Valley. Three participants,
i.e. the operator, contractor and engineer (representing the players in the water and
sewerage industry) were interviewed regarding capacity building and training
requirements in the industry. The list of concerns are discussed below.
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Table 1: Feedback from Respondents on Construction Training Requirements
No Agencies Training
Provider Issues
1.
National
Water
Services
Commision
(SPAN)
Malaysia
Water
Association
(MWA)
- The basic modules offered are similar to
CIDB and the content for refresher
course is similar to the beginner course.
- Written examination - some of the
attendees are illiterate (foreign
workers). This demotivates employers
from sending their workers to the
course.
2.
Department of
Occupational
Safety and
Health
(DOSH)
National
Institute of
Occupational
Safety and
Health
(NIOSH) and
others
- The module content for refresher
course is the same as the initial ones
- Only NIOSH can conduct the
examination
- Limited trainers and training venues.
- Wrong target of participants – often the
people (including foreign workers) who
entered the confined space did not
attend the course
3.
Construction
Industry
Development
Board (CIDB)
Akademi
Binaan
Malaysia and
others
- Foreign workers attending the course
face difficulties in understanding the in-
class training
- The current syllabi are too academic
and lack practicality for on the ground
use.
- For the Contractor Continuous
Development (CCD) programmes
The training modules are not relevant to
the current industry situation
The courses / programmes offered are
not varied. The interviewees considered
that the programmes offered cater or
target G1 contractors (contractors with
small contract value – RM200,000
below)
9
No Agencies Training
Provider Issues
4.
Board of
Engineer
Malaysia
(BEM)
Institute of
Engineers
Malaysia
-
5. Department of
Environment
Environment
Institute of
Malaysia
-
6. Other Issues
(1) Training costs are too expensive.
- Smaller contractors and plumbers firms
feel the training costs are often too
expensive and burdening.
(2) The competencies of trainers are
questionable.
- Insufficient of accredited training
providers and trainers especially for
critical training courses.
- Most of the training providers and
trainers are not regulated. Very few
have received accreditation from
Department of Skills Development
(DSD).
(3) The duration between each refresher
course is short i.e. once a year as it is
according to the duration of permit renewal
3.2 Poor Incentives
However better training may be insufficient to address all identified inadequacies.
In particular, the incentives facing those who build sewerage facilities and those who
maintain and operate the facilities may also help to explain some inadequacies, even
when participants are fully trained. In order to ensure better outcomes in the future, in
addition to training, MPC has also looked at problems with the incentives affecting the
way sewerage facilities are built and the way they are maintained and operated.
10
While markets are usually very effective in delivering good outcomes, sometimes certain
features result in less than optimum outcomes. For sewerage, ‘information asymmetry’ is
the most relevant weakness. It results in inadequate incentives facing both the builders
and operators of sewerage systems.
With regard to sewerage facilities, purchasers of buildings in a development are not able
to fully assess the quality of the sewerage infrastructure (nor are regulators unless they
inspect the development at relevant stages during building). Hence, the incentives facing
developers to build sound sewerage facilities are inadequate.
In general, governments try to address these inadequate incentives by:
making the providers accountable
inspecting important stages of the development
ensuring the capacities of the professionals involved in building the facilities.
One way, to make providers accountable is to require them to fix any problems with the
sewerage infrastructure that arise for a certain period after its completion. At issue is the
length of this period.
With regard to operating and maintaining sewerage plants, adverse consequences on the
environment are usually not evident in the short term. Regulation may be required to
monitor impacts on waterways, etc. with disciplines for those who have not taken
adequate care.
For the purpose of this report, MPC has been asked to focus on improving the
competency needs in the industry to ensure that the operation and maintenance of the
plants are being conducted by competent persons. However, to ensure these better
competencies are applied well, incentives facing the sector should also be addressed.
11
4. Analysis of Training
4.1 Description and Objectives of the Acts and Regulations
The Acts and regulations which stipulate requirements to have a competent /
qualified person to practice, operate or maintain a specific plants / machines (see table
2) are administered by five major government departments/agencies.
The objectives of such requirements are to ensure that the appointed persons/companies
have the required knowledge and capacity to:
deliver the necessary sewerage services
protect employees from occupational hazards
protect the environment from sewerage run-off.
Table 2: Sections Related to Training Requirements and the Responsible Government Departments/Bodies
Department/ Agency
Titles Related Sections
National Water
Services
Commision
(SPAN)
Water Services Industry Act
Sec 47: Developer to hand over water supply system or sewerage system of new development to service licensee Sec 49: Qualifications to operate, etc. water supply system and sewerage system Sec 180: Power of Commission to make rules
Department of Occupational
Safety and Health (DOSH)
Occupational Safety and Health Act
Section 29: Safety and health officer Section 66: Regulations - Occupational Safety and Health
(Safety and Health Officer) Regulations 1997
12
Department/ Agency
Titles Related Sections
Occupational Safety and Health (Use and Standards Of Exposure of Chemicals Hazardous To Health) Regulations 2000
Regulation 22: Information, instruction and training
Industry Code of Practice for Safe Working in a Confined Space 2010
4.2.2 Risk Assessment 4.2.8 Employee training 12. Training
Factories and Machinery Act 1967
Section 35: Building operations or works of engineering construction.
Factories and Machinery (Building Operations and Works of Engineering Construction) (Safety) Regulations 1986
Regulation 25: Site Safety Supervisors.
Construction Industry
Development Board (CIDB)
Construction Industry Development Board 1994
Section 4: Functions of the Board Section 32: Accreditation and Certification of Skilled Construction Workers and Construction Site Supervisors
Board of Engineers
Malaysia (BEM)
Registration of Engineers Act 1967 (Revised – 2007)
Section 4: Functions of the Board
Department of Environment
(DOE)
Environmental Quality Act 1974
Section 49A: Competent Person
Environmental Quality (Industrial Effluent) Regulations 2009
Regulation 10: Competent Person
Environmental Quality (Sewage) Regulations 2009
Regulation 6: Competent Person
See Appendix A for further information
13
4.2 Training requirements
4.2.1 Various training requirements imposed by departments and agencies
The various training requirements are shown in Tables 3, 4 and 5. Some of the
training requirements are tied to the licence to practise, operate or maintain specific
plants/machinery.
Section 49 of the Water Services Industry Act states that “No part of any water supply
system or sewerage system shall be worked, managed or operated or cause to be
worked, managed or operated except by and under the control of persons possessing
such qualifications and holding such certificates as may be provided in this Act or as
may be prescribed”.
Table 3: Requirement for SPAN Permit Application
Permit Purpose Requirement (related to training courses)
IPA PERMIT TYPE B
New
Ap
plic
ati
on
/ P
erm
it R
en
ew
al
inte
nd
ed
to
en
su
re c
om
pe
ten
cy
A copy of the Certificate for Confined Space Course / recent receipt of payment for Confined Space courses organised by MWA or NIOSH.
IPA PERMIT TYPE C
A copy of: 1) Registration certificate with CIDB 2) Registration letter/certificate with the Board of Engineers Malaysia (BEM) or Institute of Engineers Malaysia (IEM) or a copy of appointment letter as the registered engineer consultants by the BEM or IEM (applicable for permit C1 & C2) 3) A copy of the Certificate for Confined Space Course / recent receipt of payment for Confined Space courses organised by MWA or NIOSH.
IPA PERMIT TYPE D
A copy of the Certificate for Confined Space Course / recent receipt of payment for Confined Space courses organised by MWA or NIOSH.
IPA PERMIT TYPE E
A copy of the Certificate for Confined Space Course / recent receipt of payment for Confined Space courses organised by MWA or NIOSH.
14
Similarly, under the Construction Industry Development Board Act 1994, each
contractor is required to be registered with the Board. Specifically, the Act states that
“No person shall undertake to carry out and complete any construction works unless
he is registered with the Lembaga and holds a valid certificate of registration issued
by the Lembaga” (see Table 4).
Table 4: CIDB’s Requirements for Contractors (related to sewerage industry)
Permit/ Certificate
Purpose Requirement (related to
training courses) Competent
Construction Personnel
Registration and Accreditation
CIDB Green Card Individual
Contractor’s Registration Certificate
Registration of Contractor / First year renewal
Within the first year, the registered contractor is required to attend the Integrity Courses.
Company
Contractor’s Registration Certificate
Renewal of Contractor’s Registration
Contractor Continuous Development (CCD)
Company
Co
ntr
ac
tor’
s R
eg
istr
ati
on
Ce
rtif
icate
: S
pecia
lis
ati
on
Specialisation: B10 (Indoor Water Pipe
Installation)
Permit A (A1 or A2) from SPAN except for Sabah and Sarawak
Individual
Specialisation: B25 (Connecting pipe to
drainage pipe)
Permit B from SPAN except for Sabah and Sarawak
Individual
Specialisation: B25 (Connecting pipe to
drainage pipe)
Permit B from SPAN except for Sabah and Sarawak
Company
Specialisation: B27 (Water supply system and
sewerage system maintenance service)
Permit D from SPAN except for Sabah and Sarawak
Company
Specialisation: CE19 (Sewerage System)
Permit C1, C2, C3 or C4 from SPAN except for Sabah and Sarawak
Company
Specialisation: CE20 (Water Supply System)
Permit D from SPAN except for Sabah and Sarawak
Company
Specialisation: CE38 (Sewerage System
Maintenance)
Permit D from SPAN except for Sabah and Sarawak
Company
Specialisation: CE39 (Water Supply System
Maintenance)
Permit D from SPAN except for Sabah and Sarawak
Company
15
Under the Occupational Safety Health Act, the company is required to hire a
competent person to act as a safety and health officer at the place of work (Section
29). The Industry Code of Practice for Safe Working in a Confined Space further states
that employers shall ensure that their employees, who are involved in confined space
operations, have undergone training on confined space safety. Certificates of
competency are issued to individuals and firms with the necessary qualifications,
experience, expertise, and knowledge in the relevant fields (DOSH, 2015).
In relation to construction works, the main contractor is required to hire a Site Safety
Officer for the safety supervision on construction activities within the site. This
requirement falls under Regulation 25 (1), of the Factories and Machinery (Building
Operations and Works of Engineering Construction (Safety) Regulations 1986. Table
5 shows the list of required licences to practise in the industry by DOSH.
Table 5: DOSH’s Requirement in relation to water and sewerage industry
Permit/ Licence
Purpose Requirement (related to training
courses) Competent
Authorised Gas Tester/Entry Supervisor
New Registration
Certified true copy of:- 1) Attendance certificate of related course conducted by NIOSH or by any training provider recognized by DOSH 2) Training Certification Card by NIOSH
Individual
Renewal Registration
1) Certified true copy of training certificate card of refresher courses for ’Safe Working in Confined Space for Authorised Gas Tester and Entry Supervisor’ issued by NIOSH. 2) Copy of attendance certificate for refresher course.
Individual
Safety and Health Officer
New Registration
Certified copy of certificate courses and pass safety and health officer program
Individual
16
Permit/ Licence
Purpose Requirement (related to training
courses) Competent
Renewal Registration
Table points calculation system according to the ‘Garis Panduan Sistem Mata Bagi Program Pendidikan Berterusan’. (Attached with the copy of certificate of 'continuous education program' attended in the registration or renewal and related evidence)
Individual
Site Safety Supervisor ***only
applicable during Construction works.
New Registration
Certified copy of certificate courses and pass site safety supervisor program. ***person who has successfully
completed a site safety supervisor course carried out by the instructor registered with DOSH, and passed the examination conducted by the National Institute of Occupational Safety and Health (NIOSH) or institution accredited by DOSH
Individual
Having different training requirements has resulted in persons attending the
programmes only for the sake of fulfilling the requirement of getting the licences or
permits to do their work and not for self-development purposes (see Table 3, 4 & 5).
While in each case the over-riding purpose is to demonstrate relevant competencies
it is not clear why it is necessary to a number of courses to serve this underlying
objective.
4.2.2 Only a limited number of trainers are recognised by the agencies
In addition to numerous training requirements, a number of departments/agencies
only recognise one or limited number of training providers to conduct a course/module.
While, it is important for the government to maintain the quality of the training offered by
the recognized training provider, if the department/agency is too stringent this reduces
competition and availability of courses. If demand for the courses is high, the fees are
likely to increase adding to business costs. If the training is required by the regulations
17
and is in demand, it is only appropriate for the government to open a more diverse market
for the participants/recipient of the courses (see table 6).
Table 6 below shows that the confined space4 training can only be provided by four
authorised training providers. National Institute of Occupational Safety and Health
(NIOSH) may provide training to all interested and qualified participants regardless of
industries and companies (the workers work for) for the competency requirement of
Authorised Gas Tester (AGT)5, Entry Supervisor (ES)6, Standby Person (SP)7 and
Authorised Entrance (AE)8. Meanwhile, the training provided by MMHE, FPISB and
MOCA is limited to only their own workers and they may only provide competency training
for Standby Person (SP) and Authorised Entrance (AE).
NIOSH roles and responsibility not only include providing training but also conducting
competency examinations and giving certification of attendance9 for courses of (1) Safety
and Health Officer, (2) Authorised Gas Tester, (3) Site Safety Supervisor, (4)
Occupational Health Nurse and Doctor, and others. In total, these courses are offered in
10 different NIOSH locations all over the country.
Table 6: Training Provider for Training Course on Safe Working in Confined Space
No. Competent Person Training Provider/
Facilities Scope of Approval
1.
i) Authorised Gas Tester (AGT) and Entry Supervisor (ES);
National Institute of Occupational Safety and Health (NIOSH)
Open to all industry players
4 Confined Space means an enclosed or partially enclosed space that is at atmospheric pressure during occupancy and is not intended or designed primarily as a place of work. 5 Authorised Gas Tester means a person who appointed by employer to carry out atmosphere test and had attended a training course on safe working in confined space for authorised gas tester and entry supervisor and passed the test or examination; 6 Entry Supervisor means an employee who is appointed by the employer, responsible for supervising confined space entry and had attended a training course on safe working in confined space for authorised gas tester and entry supervisor and passed the test or examination; 7 Standby Person means an employee who is appointed by the employer to station outside a confined spaces who monitors the authorised entrants and who performs all stand-by person’s duties assigned in the employer’s confined space programme and has attended a training course on safe working in confined space for authorise entrant and stand by person and passed the test or examination; 8 Authorised Entrant means an employee who is appointed by the employer to enter a confined space and has attended a training course on safe working in confined space for authorise entrant and stand by person and passed the test or examination; 9 NIOSH (2015) Client Charter http://www.niosh.com.my/v3i/index.php/en/corporate-info/charter/client-charter
18
No. Competent Person Training Provider/
Facilities Scope of Approval
ii) Standby Person (SP) and Authorised Entrance (AE)
2.
Standby Person (SP) and Authorised Entrance (AE)
Malaysia Marine and Heavy Engineering Sdn. Bhd. (MMHE)
Limited to MMHE workers
3.
Felda Palm Industries Sdn. Bhd. (FPISB)/ Akademi Latihan Felda (ALAF)
Limited to Felda Palm Industries Sdn. Bhd. (FPISB) workers
4.
Malaysian Offshore Contractors Association (MOCA) Resources / SapuraKencana Petroleum Berhad
Limited to workers from companies registered under MOCA
Source: DOSH, 201510
Comparing AGT/ES training providers with the CIDB Green Card training providers.
The training for AGT and ES (inclusive of examinations) can only be provided by
the NIOSH in 10 different locations. In comparison, the CIDB requires all workers or
personnel entering the construction site to have the Green Card (registration and
accreditation of construction personnel). There are 49 training providers at 15 different
locations11 all over the country to provide the training. This is consistent with the concerns
raised by participants regarding the limited training venues (refer to Table 1: Feedback
from respondents).
Lack of recognition of some training providers by other government agencies
10 DOSH (2015) List of Competent Training Centre: Training Provider for Training Course on Safe Working in Confined Space, http://www.dosh.gov.my/index.php?option=com_docman&view=docman&Itemid=1170&lang=en (referred at 13 June 2015) 11 CIDB (2015) Senarai Kursus http://smb.cidb.gov.my/personnel/application/senaraikursus
19
In terms of the confined space courses, SPAN recognizes MWA and NIOSH as
the qualified training provider while DOSH (as per the argument above) only recognises
NIOSH as the sole training provider.
Table 7: Comparison of the requirement for confined space by DOSH and SPAN
DOSH SPAN
New
Certified true copy of: 1) Attendance certificate of related course conducted by NIOSH or by any training provider recognized by DOSH 2) Training Certification Card by NIOSH
A copy of the Certificate for Confined Space Course / recent receipt of payment for Confined Space courses organised by MWA or NIOSH.
Renewal
1) Certified true copy of training certificate card of refresher courses for Safe Working in Confined Space for Authorised Gas Tester and Entry Supervisor’ issued by NIOSH. 2) Copy of attendance certificate for refresher course. *refer to Tables 5 and 7
A copy of the Certificate for Confined Space Course / recent receipt of payment for Confined Space courses organised by MWA or NIOSH. *refer to Table 3
Based on table 7, the workers who have attended confined space courses with the
MWA have to undergo another training with NIOSH in order to be regarded as the
qualified/competent person as the certificate is not recognized by DOSH. This limits the
participants/businesses options in choosing training providers, restricts business
opportunities as well as increases the burdens faced by them.
See Table 8 below for brief comparison between AGT courses offered by NIOSH (DOSH)
and MWA (SPAN).
20
Table 8: Brief comparison between AGT courses offered by NIOSH (DOSH) and MWA (SPAN)
NIOSH12 MWA13
Course Title Authorised Gas Tester & Entry Supervisor for Confined Space
Entry Requirement
i. Attended and passed the Authorised Entrant & Stand-by Person for Confined Space course; AND
ii. Possessed a Minimum SPM/MCE/SPVM and equivalent with credit in science and with at least 5 years’ experience in confined space occupation
None
Course content
i. Related Legislations pertaining to Safe Working in a confined space;
ii. Hazard identification and control measures;
iii. Procedures of entry; iv. Duties / responsibilities of permit
issuer, Authorised Gas Tester and Entry Supervisor;
v. Permit To Work and Job Hazard Analysis;
vi. Functions and types of ventilators; vii. Gas testing and Monitoring
Equipment; viii. Functions and types of breathing
apparatus. ix. Written examination
i) Work area classification and its risk and safety factors
ii) Chemistry of fire, toxic and flammable atmospheres
iii) The construction of gas detectors iv) Type of gas detectors for inert
atmosphere v) Written examination vi) The permit-to-work procedures vii) Calibration of gas detectors viii) Gas testing procedure ix) Gas testing - practical
Course Title Authorised Entrant & Standby Person for Confined Space
Entry Requirement
None None
Course Content
i. Introduction to Confined Space works ii. Hazards related to Confined Space works iii. Personal protective equipment and equipment pertaining to Confined Space works iv. Entry procedure for Confined Space works including duties / responsibilities of Authorised Entrants and Stand-by Person v. Emergency preparedness & Response Plan for Confined Space works vi. Written assessment
i. Legislation ii. Definition of confined space iii. Entry into manholes iv. The permit-to-work v. Equipment required for entry vi. The theory of gas detection vii. Breathing apparatus viii. Practical ix. Written examination x. GIS in water work into confined space
12 As referred to the Brochure of Authorised Gas Tester & Entry Supervisor For Confined Space by National Institute of Occupational Safety and Health 13 As referred to the Brochure of Confined Space Training for Authorised Gas Tester (AGT) & Entry Supervisor (ES) by Malaysian Water Academy
21
It can be seen from table 8 that there are some similarities/overlap in the course
content offered by the two training providers. However, differences may exist in eligibility,
objectives and service delivery14. In terms of eligibility, some individuals may be eligible
to attend one program but not the other because of the program eligibility criteria. For
example, some may be eligible to attend the course offered by MWA but not the AGT
course offered by NIOSH due to the entry requirements set by DOSH.
In terms of the objective, while both courses serve the objective to recognize the entrants
as competent, the focus of the programmes differs. For example, the confined space
courses offered by NIOSH are thorough and apply to all relevant sectors, while the
confined space courses offered by MWA specifically cater for the water and sewerage
industry. Such is the same with the service delivery of both training providers.
With regard to the first objective of the study, i.e. verifying whether there are sufficient
training providers in Malaysia, the confined space courses are in high demand and
feedback from respondents shows that limited training and venues have caused backlogs
in certain areas. There is a need to conduct a thorough study with the objective to match
supply and demand as well as to seek and measure the values that these courses could
offer to the public. One way to address high demand would be to rationalise requirements
so that personnel do not need to attend courses which duplicate training.
4.3 Adequacy of training and burdens
14 Government Accountability Office (2011) Multiple Employment and Training Programs: Providing Information on Colocating Services and Consolidating Administrative Structures Could Promote Efficiencies, Government Accountability Office (GAO), United States
22
This section addresses the objectives: (2) to examine whether the training modules
provide the competency required by the workers/professionals to perform their work and
(3) to identify burdens resulted from the regulatory requirement.
4.3.1 Training module and workers’ competency
In the report of “A Skilled Workforce for Strong, Sustainable and Balanced Growth”,
the International Labour Organisation (ILO) emphasizes the elements of (1) building a
solid bridge between the world of work and training providers in order to match skills
provision to the needs of enterprises and (2) anticipating and building competencies for
future needs15. These two elements indicate a role for government as the middleman to
facilitate employers directly participating with the workers to ensure training is relevant.
From Table 1: Feedback from Respondents, it can be seen that there are a few
concerns raised by the respondents in terms of execution of training courses in water and
sewerage industry. Issues/concerns related to the training modules or the delivery mode
of the training providers include:
i. Similarities between the basic modules offered by different training providers
ii. Repetitive or similar content for refresher courses
iii. Some of the attendees are illiterate (foreign workers) which causes difficulties in
understanding the subject and completing written examinations.
iv. Inadequate targeting of participants – Often, the person (including foreign workers)
who enter confined spaces are not the ones who attend the course
v. The training modules offered are not relevant to the current needs of the industry
and often lack practical experience.
15 International Labour Organisation (ILO) (2011) A Skilled Workforce for Strong, Sustainable and Balanced Growth: A G20 Training Strategy, ILO, Geneva
23
It can be seen from Table 9 below that most of the courses focus on in-
class/theoretical training and five of the courses include written examination as part of the
delivery mode. The suitability of these delivery modes depends highly on the training
objectives, training modules and targeted participants.
As reported by the respondents, the attendees (specifically foreign workers) are facing
difficulties in understanding the subjects. This situation might be related to the educational
background of the participants. A theoretical, in-class training and written examination
mode is probably more suitable to workers who have mid–high level of education.
For foreign workers, (for example construction industry with about half foreign-born
workers out of the total workers), language barriers should be addressed. As most of the
foreign workers are from developing countries, such as Indonesia, Nepal, Myanmar,
India, Vietnam and Bangladesh, they find it difficult to understand work orders, safety
rules and to interpret safety warning signs as well as to communicate16. Research that
was carried out by Haryati (2009) showed that 50% of the contractors agreed and 41 per
cent of them agreed strongly that communication problems (language) amongst foreign
workers in the construction industry had contributed towards the accident risks at
construction sites17.
16 Mei Mei, Wong and Yazdanifard, Rashad (2015) The Review of Challenges Foreign Worers Face in Construction Industry of Malaysia, Volume 15 Issue 4 Version 1.0, Global Journal of Management and Business Research: A administration and Management 17 Nurul Azita. S, Norazah. M.N, and Abdul Khalim, A.R (2012) The Language Problem Issue among Foreign Workers In the Malaysian Construction Industry, International Journal of Business and Social Sciences Vol. 3 No.11
24
Table 9: Example of Training modules and the delivery mode of each courses
Course Title Training
Provider Targeted Participants Delivery mode Medium of Teaching
Authorised Gas Tester & Entry Supervisor for Confined Space
NIOSH
1) Managers 2) Engineers/ Executives 3) Safety and Health Officers 4) OSH Practitioners 5) Supervisors 6) Workers who are involved in confined spaces works
1) In-class training 2) Written Examination
-
Authorised Entrant & Standby Person for Confined Space
NIOSH Workers who are involved in confined spaces works 1) In-class training 2) Practical 3) Written Assessment
-
Safety and Health Officer NIOSH
1) Safety Personnel/Managers 2) Supervisors 3) OSH Practitioners 4) Safety and Health Committee Members 5) Unregistered Safety and Health Officers 6) Engineers, Designers and Architects 7) Interested Individuals
1) In-class training 2) Site Visit 3) Written Examination
-
Site Safety Supervisor NIOSH 1) Site Safety Supervisor 2) Site Foreman / Supervisor 3) Any interested parties
1) Group discussion 2) Site visit
1) Bahasa Malaysia 2) English;
Confined Space Training for Authorised Entrant (AE) & Stand-by Person (SP)
MWA All personnel involved in entering and working in confined space
1) In-class training 2) Practical 3) Written Examination
-
Authorised Gas Tester (AGT) and Entry Supervisor
MWA All personnel involved in entering and working in confined space
1) In-class training 2) Practical 3) Written Examination
-
Certified Environmental Professional in Sewage Treatment Plant Operation (CePSTPO)
MWA -
Green Card- Safety and Health Induction Course for Construction Workers
CIDB All personnel working in Construction Sites 1) In-class training
-
Sewerage Construction Manager (SCM)
CIDB & IWK
Candidates with the following credentials: 1) Registered Professionals 2) Master in Construction Related Fields 3) Degree in Construction Related Fields 4) Diploma in Construction Related Fields 5) Sijil Kemahiran Malaysia – Construction Manager (Level 5)
- 1) Bahasa Malaysia 2) English
- : Information is not stated clearly in the website or brochures published by the respective training provider
All the information are derived from the respective training providers’ website
25
Figure 5: Statistics of Occupational Accidents, 2009-2014
Source: DOSH, 201418
Figure 5 shows that from the period of 2009 to 2014, the percentage of
occupational accidents in construction industry increased from 4.82% in 2009 to 6.15%
in 2015. Manufacturing industry is the highest contributor with an average of 63.58%,
followed by the agriculture, forestry, logging and fishing industry with 18.55% whilst the
lowest is mining and quarrying industry with the average of 1.00% for the same period.
Despite being the highest contributor, the manufacturing industry showed a declining
trend of average 1.25% per annum. In contrast, the construction industry showed an
increasing trend of 0.27% per annum for the period of 2009-2014.
While there are many other contributory factors to occupational accidents, communication
problems resulting in inability to perform the work correctly, according to the safety
measures, could be a key factor. The appropriateness between the training courses’
delivery mode and the characteristics of the targeted participants should be assessed
from time to time so as to match and close the gaps between the skills required by the
industry and the supplied training programmes.
18 Department of Occupational Safety and Health (DOSH) (2014) Occupational Accidents Statistics 2009-2014, as referred to http://www.dosh.gov.my/
66%
0%
5%
21%
6%
2%
0%
1%
0%
0%
68%
0%
5%
20%
2%
1%
0%
1%
1%
2%
68%
1%
4%
17%
2%
2%
1%
0%
2%
3%
63%
1%
6%
16%
3%
3%
3%
1%
2%
2%
58%
1%
6%
19%
4%
3%
3%
1%
3%
2%
60%
2%
6%
18%
3%
4%
3%
2%
3%
1%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Manufacturing
Mining and Quarrying
Construction
Agriculture, Forestry, Logging and Fishing
Utility
Transport, Storage and Communication
Wholesale and Retail Trade
Hotel and Restaurants
Financial, Insurance, Real Estate and Business Services
Public Services and Statutory Bodies
2009 2010 2011 2012 2013 2014
26
4.3.2 Burdens
Regulatory burdens arise from the costs imposed by regulation and enforcement
that would otherwise not arise for businesses. Where requirements from regulation create
a change in business behaviour and practices, a regulatory burden can be said to exist.
While it is usually necessary that some burden is placed on business for regulation to
achieve objectives, where regulation is poorly designed or written, or it is not administered
or enforced well, it may impose greater burdens than necessary (Appendix B)19.
Referring to Table 1: Feedback from Respondents, this section analyses
issues/concerns related to the training modules and the delivery mode of the training
providers, in particular complaints that:
i. training costs are too expensive
ii. duration between refresher courses is short (determined by the frequency of permit
renewal).
Such burdens could pose a greater impact on SMEs. Costs arise from:
financially supporting the workers’ training
time workers spend in being trained
using untrained workers to cover spot left by workers undergoing the training
delays to projects due to not having trained workers on-site.
Various publications have shown that private sector and SMEs in particular face
difficulties in financing training courses for their employees/workers. Holzer and Lerman
(2009)20 stated that private sector training investments by firms are often limited by a
variety of market failures that lead to suboptimal investments, especially among less-
educated workers. These market failures include imperfect or asymmetric information
between employers and employees, liquidity constraints in capital markets, and
19 Malaysia Productivity Corporation (MPC) (2013) A Guide to Reducing Unnecessary Regulatory Burdens: Core Concepts; Regulatory Burdens and Unnecessary Regulatory Burdens, MPC, Petaling Jaya 20 Holzer, H.J and Lerman, R.I (2009) The Future of Middle-Skills Jobs, Center on Children and Families, Brookings Education, Washington DC.
27
employers being unable to finance training partly through lower wages because of wage
rigidities. Another reason for underinvestment is that employers who train workers fear
they will be unable to recoup their investment if other firms hire workers away once they
are trained.
According to the SME Census 2011, there were 645,136 SMEs in Malaysia representing
97.3 per cent of total business establishments and employing of 3.7 million workers. The
distribution of SMEs by sector21 is shown in Figure 6.
SMEs are predominating in the services sector, being 90.1 percent (580,985
SMEs). From this figure, 522 SMEs
are in the water supply, sewerage,
waste management and
remediation activities subsector
(i.e. 381 micro-size companies,
112 small-size companies and 29
medium-size companies)
In the construction sector, 3 per
cent out of the total companies in
Malaysia (19,283 companies) are
SMEs (representing 87.1 per cent
of total business establishments)
and from this figure 44.5 per cent are micro-size companies, 34.9 percent are small-size
companies and balance of 20.6 per cent are medium-size companies.
Table 10: Example of Training Costs
21 SME Corp (2011) SME CENSUS 2011, SME Corporation Malaysia. As referred to: http://www.smecorp.gov.my/vn2/node/59
90%
0.10%3%
1% 5.90%
Figure 6: Distribution (%) of SMEs by Sector
Services
Mining &Quarrying
Construction
Agriculture
Manufacturing
28
Course Title Training
Provider Fees Course Duration
Authorised Gas
Tester & Entry
Supervisor for
Confined Space
NIOSH
New Course Fees: RM1,000.00
Examination Fees: RM500.00 3 days/ (16 hours)
Refresher Course Fees: RM300.00
Examination Fees: RM350.00
2 day(s) / 14
hour(s)
Authorised Entrant
& Standby Person
for Confined Space
NIOSH
New Course Fees: RM850.00
Examination Fees: -
2 day(s) / 14
hour(s)
Refresher Course Fees: RM500.00
Examination Fees: -
1 day / 6.75
hour(s)
Safety and Health
Officer NIOSH New
Course Fees: RM4,000.00
Examination Fees: RM900.00
22 days /165.5
hours
Site Safety
Supervisor NIOSH New
Course Fees: RM1,650.00
Examination Fees: RM350.00
(Peninsular Malaysia)
RM400.00
10 day(s) / 80
hour(s)
Confine Space MWA
New
Entry Course Fees: RM 550.00 2 days
Refresher Course Fees: RM 435.00 1 day
Authorised Gas
Tester (AGT) and
Entry Supervisor
MWA
New
Entry Course Fees: RM 600.00 2 days
Refresher Course Fees: RM 485.00 2 days
Certified
Environmental
Professional in
Sewage Treatment
Plant Operation
(CePSTPO)
MWA New Course Fees: RM 3,900.00 5 days
Green Card- Safety
and Health Induction
Course for
Construction
Workers
CIDB New Course fees: RM 50.00 1 day
29
Course Title Training
Provider Fees Course Duration
Sewerage
Construction
Manager (SCM)
CIDB/IWK New
Module A: Management
Fees (with green card):
RM600.00
Fees (without green card):
RM800.00
Assessment fees: RM100.00
4 days
Module B: Treatment Process
Concept
Fees (with green card):
RM450.00
Fees (without green card):
RM600.00
Assessment fees: RM100.00
3 days
Module C: Mechanical &
Electrical (M&E)
Fees (with green card):
RM600.00
Fees (without green card):
RM800.00
Assessment fees: RM100.00
4 days
Module D: Civil & Structural
Fees (with green card):
RM450.00
Fees (without green card):
RM600.00
Assessment fees: RM100.00
3 days
Table 10 above shows examples of training courses conducted by the accredited training
providers with information about fees and course duration. It can be seen above that the
fees vary according to the courses, with the lowest fees being for the Green Card Safety
and Health Induction Course for Construction Workers at RM50. The highest charge
ranges between RM1,000 to RM4,000 per course.
Variations in fees and course duration would largely be due to differences in the course
content, the qualifications of both the trainer and trainees/participants, the number of
training places available as well as the objectives of the courses. While Table 10 shows
30
direct costs, the businesses also incur indirect/opportunity costs. Such costs vary
according to the workers attending the programme, business, projects, training venues,
as well as transportation costs.
The duration of courses duration ranges from 1 to 22 days, highest is the Safety and
Health Officer, followed by the course Site Safety Supervisor, Certified Environmental
Professional in Sewage Treatment Plant Operation (CePSTPO), and the Sewerage
Construction Manager (Table 10). Most of the courses are conducted in 2 days. While
such duration might not be significant to large corporations with many workers, SMEs are
affected by having to send their limited number employees for training as it affects work
on site. While some respondents agree on the benefits of each course, they are also
concerned about the benefits that they have to forgo in order to attend the training.
Below is an example given by a respondent:
Table 11: Example of Competency Requirement per person
Regulator Type of
License / Permit
Training Course
Attended
Training Provider
Type Fee Course
Duration Frequency of Training
SPAN Permit IPA Jenis C3, D
Authorised Entrant & Standby
Person for Confined
Space
MWA Refresher RM
485.00 2 days
Once every two years
CIDB Grade G4 Construction Personnel
CIDB Refresher RM
50.00 1 day
Once every two years
Table 11 outlines the minimum courses that the respondent needed to attend so as to
renew the permit/license from respective regulators. However, notice that the assumption
provided above is reflective of an employee in the company.
As per stated under Section 4.2 above, The Industry Code of Practice for Safe Working
in a Confined Space stated that employers shall ensure that their employees, who are
involved in confined space operations, have undergone training on confined space safety.
31
Let say that a company have 10 employees to be involved in confined space operations,
approximately the company would incur total costs of RM4,850. While one could argue
that the direct costs incurred are rather small, the opportunity costs forgone might be
higher (such as the works involved during the time the employees needed to go for
training).
In relation to construction works, all employees on-site are expected to be a Green Card
holder. Depending on the size of the work, the number of personnel would vary, starting
from RM50.00 per local workers for 2 years renewal. However, do take note that renewal
for a company would require them to collect CCD points, and such training costs and
points collected here would vary according to the type of course and training providers
chosen by the company.
Assumption stated above however might not reflect the actual situation faced by the
industry as the costs could vary according to the following factors:-
i. Nature of business
ii. Total personnel in the company
iii. Permits and License applied by the company
iv. Type of course and duration of each courses
v. Other indirect costs incurred.
Here, there is a need for the government to look at the bigger picture. Costs incurred on
training fees could be justified with the value of knowledge it offers. However, as per
stated above, concerns raised by the respondents showed that redundancies, duplication
and relevancy of the training modules with current situation/development causes
frustration to the industry and thus it could not justify the costs and training knowledge
offers to them.
32
4.4 Analysing the Best Practices across Selected Countries.
This option suggests reviewing the training conducted in other countries to identify
best practices with the view of adopting them in Malaysia.
Roughly, he training approach in Malaysia is similar to other selected countries.
Singapore for example requires that all sewerage works need to be done under the
supervision of a qualified person (Section 34 of Sewerage and Drainage Act 1999).
Similarly for construction services, India emphasizes the need to engage a competent
person for the purpose of testing, examining or annealing and certification of lifting
appliances, lifting gears or pressure plants or equipment (Building and Other
Construction Workers’ (Regulation of Employment and Conditions of Services)
Central Rules 1998). Table 11 shows the main training provider in Malaysia and training
providers in other countries that are offering similar services.
Table 12: Training Providers in Malaysia and Other Selected Countries
Country Water Services Environmental
Standards Construction
Services Occupational
Safety & Health
Malaysia
1) Malaysia Water Association (MWA) 2) Indah Water Technical Training Centre
Environment Institute of Malaysia (EiMAS)
Akademi Binaan Malaysia (ABM)
National Institute of Occupational Safety and Health (NIOSH)
Singapore Singapore Water Association
Singapore Environment Institute
Building & Construction Authority
Workforce Development Agency
United Kingdom
Weather and Climate Change Office (MET Office) Training for Water Industry
The Natural Environment Research Council
Construction Industry Training Board
British Safety Council
India National Water Academy
Environment Protection Training and Research Institute
Construction Industry Development Board
Directorate General, Factory Advice Service & Labour Institutes (DGFASLI)
Hong Kong Water Supplies Department
Institute for the Environment
Construction Industry Council
Occupational Safety and Health Training Centre
33
Country Water Services Environmental
Standards Construction
Services Occupational
Safety & Health
Japan Japan Water Works Association
The National Environmental Research and Training Institute
Construction Machinery & Construction Association
National Institute of Occupational Safety & Health
South Africa
Energy and Water Services, Sector Education and Training Authority
Department of Environmental Affairs
Construction Education & Training Authority (CETA)
South African Institute of Occupational Safety & Health (SAIOSH)
As with Malaysia, it is also generally the case for all the comparison countries, that:
for at least some sectors, training courses are approved by the responsible
government department/bodies in the sector (see example in Table 12 below)
the duration of the courses varies between 1 to 5 days. (See Table 12 and Appendix
D.)
no written examinations are required in British Columbia, Singapore and United
Kingdom
in addition to in-class lectures and practicals, the United Kingdom also offers on-site
practicals.
Table 13: Comparison of the Operators’ Training Courses
Country Training Provider
Training courses Approved Agency
Training Duration
Mode of Study
Malaysia Malaysia
Water Association
Water Treatment Plant Competency Course (WTPCC)
Suruhanjaya Perkhidmatan
Air Negara (SPAN)
5 days
- Lecture (In-Class) - In-class practical - Written examination
British Columbia
British Columbia Water & Waste
Association
Canadian and British Columbia Regulatory Framework for Water and Wastewater
British Columbia Water & Waste
Association
1 day - Lecture (In-Class)
Hong Kong
Occupational Safety & Health Council (OSHC)
Safety Training Courses for Competent Persons of Confined Space
Hong Kong Labour
Department 1 day
- Lecture (In-Class) - In-class practical - Written examination
34
Country Training Provider
Training courses Approved Agency
Training Duration
Mode of Study
Singapore Waterhub Authorities
Sewer & Manhole Training Course
Public Utilities Board
(PUB) 1 day
- Lecture (In-Class) - In-class practical
United Kingdom
Develop Training
Waste water Treatment Process Operations (STI) Training Course
National Sewerage
Association 4 days
- Lecture (In-Class) - In-class practical - On site practical
Table 13 compares the course content of Malaysia and the United Kingdom. The
course content in both countries focuses on water quality monitoring and responsibilities
for health and safety at work. In the United Kingdom, the training course includes a
session on new wastewater treatment technologies. Detailed syllabi of either training
programmes however are not accessible, thus comprehensive comparisons cannot be
performed. Nevertheless, the broad comparisons of content serves as a basis to reflect
on the offered courses and knowledge in the country and whether it serves the need of
our practitioners.
Table 14: Comparison of Course Content between Malaysia and United Kingdom
Malaysia United Kingdom
Training
Courses
Water Treatment Plant Competency
Course (WTPCC)
Waste water Treatment Process
Operations (STI) Training Course
Course
Content
Course Introduction & WSIA 2006 Act
Sub-module 1: Raw Water Monitoring
Sub-module 2: Coagulation &
Flocculation Process
Sub-module 3: Sedimentation
Sub-module 4: Filtration Process
Sub-module 5: Disinfection Process
Sub-module 6: Water Conditioning
Sub-module 7: Monitoring of Treated
Water Quality
Sub-module 8: Perform Sludge
Handling
Sub-module 9: Pipe Maintenance
Sub-module 10: Safety at Work Place
Wastewater characteristics and the
components of wastewater.
BOD, COD and the other measures of
wastewater strength.
River water quality objectives and how
the receiving waters are affected by
pollution.
Effluent discharge consents.
The principles of the processes used in
primary and secondary treatment of
wastewater.
Tertiary treatment options.
Controlling and optimising the
treatment process.
35
Malaysia United Kingdom
Training
Courses
Water Treatment Plant Competency
Course (WTPCC)
Waste water Treatment Process
Operations (STI) Training Course
Sub-module 11: Basic Operation and
Maintenance
Water Quality Monitoring: Physical
and Chemical Analysis
Physical Analysis: pH and Turbidity
Chemical Analysis: Free Chlorine,
Color, Floride & Aluminium
Jar Test Practical
Calculations for process optimisation.
New wastewater treatment
technologies.
Sludge treatment and disposal.
Responsibilities for health and safety,
and carrying out risk assessments.
Source: Malaysia Water Academy and Develop Training
36
5. Options
5.1 Training Needs for Water Services Sector
The training issues for the water and sewerage industry, identified in section 4, are:
i. limited number of training providers (refer to para 4.2.2)
ii. similarities/overlap in the course content offered by the training providers (refer to
example shown in Table 9)
iii. inadequate matching of training modules to the needs of participants/trainees
(refer to para 4.3.1)
iv. costs related to training which may be avoidable or reduced (refer to para 4.3.2).
Some options to enhance the training/competency in Water and Sewerage industry are
discussed below. Some of these options could address the listed issues above, while
some of are suggested to address other issues.
5.1.1 Options
Option 1: Status Quo
Under this option, the current agencies would remain as the accredited bodies of
their specialized areas, for example CIDB for Construction sector, SPAN for Water and
Sewerage Industry and DOSH for Occupational Safety and Health matters. The overlap,
duplication and irrelevancy of some courses would be likely to remain.
The following options suggested under this category could help in addressing all the
issues specified under section 4.
Option 2: Accreditation Body and Secretariat
Under this option, an accreditation body would be established to certify courses
(including the refresher modules), training modules, competent trainers, programme
37
structures and develop the fees schedule. The accreditation body would synchronize and
preferably regulate training programmes offered in the industry as well as monitor the
quality of modules and trainers. Box 4 shows the suggested framework.
Box 4: Suggested Framework based on the Australian Skills Quality Authority (ASQA) Model.
Active Industry Engagement
In developing new programmes/modules or evaluating current programmes/modules,
the Industry Engagement stakeholders would include:
industry regulators and licensing bodies
peak industry and employer groups
other government agencies (e.g. the Department of Industry)
industry associations.
Engagement with stakeholders would be conducted to ensure the government caters for
the needs of the industry and that the industry can achieve the Government’s policies.
This is would also help to ensure that students, employers and government have
confidence in the registered training organisations.
The Risk Assessment Model
Most of the Government’s polices concern risks to workers, the environment and
consumers of water. Addressing regulatory requirements to ensure that workers and
professionals have the necessary capacities to fulfil regulatory requirements could also
be one of the roles of the Accreditation Body. In regulating the sector, the regulator of
the industry, along with the accreditation body could implement the Risk Assessment
Model (see Appendix C) as practised by the Australian Skills Quality Authority (ASQA).
The model could:
ensure risks to quality vocational education are well managed
employ a strong compliance auditing and monitoring regime and a range of
escalating sanctions, and
recognise the need for innovation and flexibility in vocational training.
The key advantages of this approach include:
regulatory action is targeted at poor performers, and those providers that pose
the greatest risk to the quality of Australia's vocational education and training
sector, and
38
providers with a proven track record as high performers — e.g. those that
consistently demonstrate quality and compliance — receive less intervention from
the regulator, reducing the burden of regulation for those providers
Source: Australian Skills Quality Authority (ASQA), 2013
The proposed accreditation body would be in the Department of Skills
Development (DSD). The Department is governed by the National Skills Development
Act 2006. The Council Members are consist of various parties representing the
government department, institutions and water industry associations to advice on the
following items:
i. The length of training programmes
ii. Modules / syllabus of training programmes
iii. Latest development in the industry
The establishment of accreditation body may help in identifying duplication in courses
offered, unnecessary repetition in follow up courses, irrelevant course contents as well as
courses which do not cater for the language and literacy capacities of the trainees.
Incentives provided by the government by tying in the training programmes with renewal
of license / permits should be revised and only to impose it if it can be proven to bring
positive impact to the industry.
A Secretariat could be established to monitor the accreditation process and also
participate as a member in the accreditation process. The proposed roles of the
Secretariat would be to:
develop a standard operating procedure (SOP) and time frame for revision of
syllabuses
alert the accreditation bodies of current complaints/concerns by public
establish a special R&D unit in order to be updated with current needs and new
technology and thus be more effective
be transparent by advertising all related courses and requirements as per the
Energy Commision (ST)
39
develop a complaints link on their website as a platform for operators to raise
concerns about ineffective training, trainers, etc.
monitor the effectiveness of refresher courses. Matters to be considered include
training modules/programmes, competent trainers, approved fees and duration
between one refresher course to another.
Option 3: Private sector/ Industry Players to manage their own training needs
In catching up with the development of new technologies, it is suggested to allow
the private sector or the industry players to manage their own training needs. The
suppliers of the sewerage systems are expected and perceived to have the specific
knowledge and modules on installing, operating and maintaining the system, thus it is
best to give the responsibilities to them to train and teach the potential purchaser or user
of the system.
The government may imposed regulations and explore possible penalties based
on the Water and Sewerage Industry Act 2006 and other published materials, such as the
Sewerage Guidelines and Safety Standards if the plants’ performance are not meeting
the level specified under the Act, regulations and standard published. As such, the option
suggested here is to promote a self-regulatory concept in which it provides flexibility to
the private sector to operate and maintain the system as well as managing workers
development hand in hand with the current development of the industry under the
conditions that performance of the plants comply with the regulations and standards
outlined by the regulators.
5.1.2 Other options to be considered
Option 4: Functionality of Sewerage Facilities and Operations
As discussed in section 2 of this paper, inadequate training is not the only reason
for poor sewerage outcomes. Due to the difficulty purchasers and users of sewerage
40
facilities have in assessing the quality of construction and any adverse impacts on the
environment, the incentives facing developers to build sound sewerage facilities and
operators to protect waterways, etc. are inadequate.
As the market does not provide sufficient incentives, the Government has a role to play
in regulating to change the incentives facing providers and operators. With regard to
operating and maintaining sewerage plants, adverse consequences on the environment
are usually not evident in the short term. Regulation may be required to monitor impacts
on waterways, etc. with disciplines for those who have not taken adequate care.
In order to improve the incentive structure, the following changes could be considered:
1. Changes to improve the quality of sewerage infrastructure
making the providers accountable for fixing any problems with the infrastructure
that arise for a number of years after its completion, say from 10 to 20 years
inspecting important stages of the development so that possible weaknesses
can be identified (before they are hidden under concrete, etc) and remedied
during construction
Certifying Agencies (CA) could be required to follow the TNB business model
where they appoint their contractors and suppliers and determine construction
and maintenance SOPs
2. Changes to improve the quality of sewerage operations and environmental
impact would generally be based on enforcing outcomes (performance-
based) with disciplines for those who have not taken adequate care:
random sampling, statistical techniques
self-regulation - company to have its own monitoring system, with the records
occasionally assessed by a regulator
strengthen Investigation Paper (IP) team
provide certification through competition (incentives) – for example, permit
duration would depends on awards received through the best practice
41
competition
monitor impacts on waterways, etc.
These option would generally be based on enforcing outcomes (performance-based) with
disciplines for those who have not taken adequate care.
It is proposed that SPAN appoint an independent reviewer to assess the current
regulatory regime and assess whether improvements could be made to the incentives
facing providers and operators to improve outcomes for water quality, loss of supply, and
water loss through leaks. This would involve assessing both the written regulation and
how it is administered and enforced.
Option 5: To conduct a thorough study on the Ecosystem of Sewerage Facilities
A thorough study could be conducted on the whole ecosystem of sewerage
facilities by taking into account other factors contributing to the failure of sewerage plants
(not only on the worker’s competency). This is to ensure that the government may target
its resources in solving the pertinent issues in the industry. Such a study would also
provide the baseline for future assessments of the environment to see whether any
changes improve outcomes.
42
Recommended Options
The establishment of an accreditation body, with a secretariat (Option 2), would
address the issues with limited/monopolisation of training providers, similarities/overlap
in the course content offered by the relevant training providers. Opportunities could be
given to the interested parties to offer the services to the industries as well as to allow
businesses/participants to choose a trusted training provider. Such could help in
assessing the effectiveness of Government’s employment training programme. This
could establish: the extent to which the different training providers offer similar services
to similar employees; whether training is targeted to the right participants; whether the
methods used are effective in training those with limited literacy and language skills and
other possible weaknesses, and whether programmes duplicate what is offered.
In looking beyond the issues of training requirements, it is suggested the Government
consider changes listed under Option 4: Functionality of Sewerage Facilities and
Operations. The changes could help in improving the quality of sewerage infrastructure
as well as the quality of sewerage operations and the environmental impact. Further study
also needs to be conducted to understand the industry further (Option 5).
43
6. Conclusion
Desired set of skills, employment policies and other related policies should be
viewed together from time to time. The effectiveness of policy can only be judged by the
support it gives to achieving objectives. The ability of the institutional arrangements to
react effectively to the changing skills and training needs remains a challenge. Ideally,
there should be continuous communication between employers and training providers so
that training meets the needs and aspirations of workers and enterprises. Even so
challenges will remain.
Based on the analysis, overall there are sufficient training providers in sectors related to
the sewerage industry. However, there are shortages in particular areas. For example,
there is high demand for trainers with knowledge of confined space however, DOSH only
recognised NIOSH trainers to provide the course of Authorised Gas Tester and Entry
Supervisor, Authorised Entrants and Standby Person to all interested parties. Training
providers like the MMHE, ALAF and MOCA are limited to their own workers/registered
companies.
Further, MPC found that it is important to consider the suitability of each programme to
meet market needs as well as the burdens each may impose on enterprises. It is
particularly important to assess this for SMEs. It is important to consider factors like the
characteristics of targeted participants, the appropriateness of the training modules with
the participants’ educational background. MPC also consider it would be useful to study
the competency modules offered by regulators/training providers with similar roles in
other countries. It is emphasized here that the courses in other countries should only
serve as a basic reference given differences in technologies, policies, etc.
While this paper acknowledge the importance of employee’s continuous development, it
is best to conclude that there are more pertinent issues happen beyond the role of what
the industrial training could resolve (for example, incompetency in design, poor
workmanship, poor quality of construction and installation, obsolete system, lack of
44
enforcement and others). Such inadequacies are due to the incentives of those who build,
maintain and operate the sewerage facilities. While better training could help to address
the issues facing the Sewerage Industry, unless the incentives facing the industry is
improved there is a risk that improving the training offered by the selected training
providers will not improve the performance of sewerage plants. Thus, it is suggested that
SPAN to explore other initiatives in other to gain a clearer picture of the current situation
faced by the industry. Further study needs to be conducted in the near future to resolve
such inadequacies.
45
Appendix A
The Acts and Regulations
Department/
Agency Acts & Regulations
Water Services Industry Act 2006 Sec 47: Developer to hand over water supply system or sewerage system of new development to service licensee (1) … upon the issuance of the certificate of compliance of the water supply system or sewerage system or part of the systems by a qualified person, hand over the water supply system or sewerage system or part of the systems within the development to the water distribution licensee or the service licensee providing sewerage services, as the case may be, at no cost, for the purposes set out in subsection (3) (7) In this section, “qualified person” means a person who is recognized by the Commission as a person qualified to issue a certificate of compliance for the purpose of subsection (1). Sec 49: Qualifications to operate, etc…,water supply system and sewerage system (1) No part of any water supply system or sewerage system shall be worked, managed or operated or cause to be worked, managed or operated except by and under the control of persons possessing such qualifications and holding such certificates as may be provided in this Act or as may be prescribed. (2) A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit Sec 180: Power of Commission to make rules (a) (iii) the minimum qualifications to be possessed by persons before they may be allowed to construct, install, test, commission, operate, maintain or manage any water supply system or sewerage system or part of the system;
Department of
Occupational
Safety and
Health (DOSH)
Occupational Safety and Health Act Section 29: Safety and health officer. (1) This section shall apply to such class or description of industries as the Minister may, by order published in the Gazette, specify. (2) An occupier of a place of work to which this section applies shall employ a competent person to act as a safety and health officer at the place of work. (3) The safety and health officer shall be employed exclusively for the purpose of ensuring the due observance at the place of work of the provisions of this Act and any regulation made thereunder and the promotion of a safe conduct of work at the place of work. (4) The safety and health officer shall possess such qualifications or have received such training as the Minister may, by notification in the Gazette, from time to time prescribe. (5) An occupier who contravenes the provisions of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to a term of imprisonment not exceeding six months or to both. Section 66: Regulations
46
Department/
Agency Acts & Regulations
(1) The Minister may make regulations for or with respect to the safety, health and welfare of persons at work in order to achieve the objects of this Act. (2) In particular and without prejudice to the generality of subsection (1), such regulations may- (f) prescribe the requirements with respect to the instruction, training and supervision of persons at work;
Occupational Safety and Health (Use and Standards Of Exposure of Chemicals Hazardous To Health) Regulations 2000 Regulation 22: Information, instruction and training (1) An employer who undertakes work which may expose or is likely to expose his employees to chemicals hazardous to health shall provide the employees with such information, instruction and training as may be necessary to enable them to know –
(a) the risk to health created by such exposure; and (b) the precautions which should be taken..
Industry Code of Practice for Safe Working in a Confined Space 2010 4.2.2 Risk Assessment 4.2.2.1 The employer shall carry out the risk assessment before carrying out work involving entry into a confined space. 4.2.2.2 The assessment shall include but not limited to –
b) factors to consider iv. the status of fitness and training of those persons involved in the confined space work;
4.2.8 Employee training The employer shall ensure that their employees who are involved in confined space operation have undergone training on confined space safety course approved by the Director General and passed the examination. 12. Training 12.1 The employer shall provide training to all employees directly affected with working in confined spaces, so that employees acquire the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under this Industry Code of practice. 12.3 Training requirements for each employee involved in confined-space work such as authorised entrants, stand-by persons, authorised gas tester and entry supervisor shall include but not limited to the following – 12.3.1 Authorised Entrant and Standby Person
a) authorised entrant and standby person has to attend a training course on working in confined space for authorised entrant and stand by person conducted by the National Institute of Occupational Safety and Health (NIOSH) or training provider registered with Director General, and passed the examination; and b) the training module shall be approved by Director General.
12.3.2 Authorised Gas Tester and Entry Supervisor
47
Department/
Agency Acts & Regulations
a) authorised gas tester and entry supervisor has to attend training course for authorised gas tester and entry supervisor conducted by the National Institute of Occupational Safety and Health (NIOSH) or training provider registered with Director General, and passed the examination; b) authorised gas tester and entry supervisor shall be registered with Director General; and c) the training module shall be approved by Director General.
12.4 Retraining All four categories of employee have to undergo a refresher course every two years using module approved by Director General.
Construction
Industry
Development
Board (CIDB)
Construction Industry Development Board 1994 Section 32: Accreditation and Certification of Skilled Construction Workers and Construction Site Supervisors (1) The Lembaga shall accredit and certify skilled construction workers and construction site supervisors in the prescribed manner and form. (2) The skilled construction workers referred to in subsection (1) are as specified in the Third Schedule. (3) The Minister may, from time to time, by an order published in the Gazette, add to, delete from, vary or amend the Third Schedule 37. (1) The Lembaga may, with the approval of the Minister, make such regulations as may be expedient or necessary for the better carrying out of the provisions of this Act. (2) Without prejudice to the generality of subsection (1), regulations may be made for:
(e) Prescribing the manner and forms for the accreditation and certification of skilled construction workers and construction site supervisors;
Board of
Engineer
Malaysia
(BEM)
Registration of Engineers Act 1967 (Revised – 2007) Section 4: Functions of the Board (ec) to provide facilities for the promotion of learning and education and to hold or cause to be held professional development programmes, including continuing professional development programmes, for registered Engineers to further enhance their knowledge in the latest developments relating to that profession; (ed) to appoint a committee consisting of persons to be determined by the Board, to conduct examinations or to cause examinations to be conducted by an institution recognized by the Board for the purpose of admission to the profession;
Department of
Environment
(DOE)
Environmental Quality Act 1974 Section 49A. Competent person. (1) An owner or occupier of a premise shall employ a person who has been certified by the Director General as a competent person to conduct all or any of the following activities: (a) the operation of a control equipment; (b) the management of scheduled wastes; (c) the conduct of studies;
48
Department/
Agency Acts & Regulations
(d) the preparation and submission of reports, plans, proposals, engineering drawings or other documents relating to environmental matters. (2) The reports, plans, proposals, engineering drawings or other documents relating to environmental matters referred to in paragraph (1)(d) shall be prepared and submitted by the competent person to the Director General.
Environmental Quality (Industrial Effluent) Regulations 2009 Regulation 10: Competent Person (1) The operation of an industrial effluent treatment system shall be supervised by a competent person. (2) A competent person shall be any person who has been certified by the Director General that he is duly qualified to supervise the operation of an industrial effluent treatment system. (3) An owner or occupier of a premises shall ensure that a competent person is on duty at any time the industrial effluent treatment system is in operation
Environmental Quality (Sewage) Regulations 2009 Regulation 6: Competent Person (1) The operation of a sewage treatment system shall be supervised by a competent person. (2) A competent person shall be any person who has been certified by the Director General that he is duly qualified to supervise the operation of a sewage treatment system. (3) An owner or occupier of a premises shall ensure that a competent person is on duty at any time the sewage treatment system is in operation.
49
Appendix B
Regulatory Burdens
Regulatory burdens arise from the costs imposed by regulation and enforcement
that would otherwise not arise for businesses. Where requirements from regulation create
a change in business behaviour and practices, a regulatory burden can be said to exist.
Regulations can adversely impact on businesses in a variety of ways. Most can usually
be grouped under the following four categories of cost impacts:
administrative and operational costs such as:
o reporting, record keeping;
o getting legal advice, training
changes to the way goods are produced or services supplied;
changing the characteristics of what is produced; and
lost production and marketing opportunities.
Unnecessary Regulatory Burdens
While it is usually necessary that some burden is placed on business for regulation
to achieve its objectives, where it is poorly designed, or its enforcement and
administration is not implemented well, it may impose greater burdens than necessary. It
is those regulatory burdens which can be considered ‘unnecessary’ that are of primary
interest (Box 1)
excessive coverage of the regulations, including ‘regulatory creep’ — that is,
regulations that encompass more activity than was intended or is to achieve their
objective
subject-specific regulations that cover much the same ground as other generic
regulation
prescriptive regulation that unduly limits flexibility, such as preventing:
o businesses from meeting the underlying objectives of regulation in
different ways
o use of the best technology
o product changes to better meet consumer demand
overly complex regulation
unwieldy license application and approval processes
50
excessive time delays in obtaining responses and decisions from regulators
rules or enforcement approaches that inadvertently provide incentives to operate
in less efficient ways
unnecessarily invasive regulator behavior, such as overly frequent inspections
or information requests
an overlap or conflict in regulations and or the activities of different regulators;
and
inconsistent application or interpretation of regulation by regulators.
Source: MPC, 2013
51
Appendix C
Risk Assessment Model by Australian Skills Quality Authority (ASQA)
