Country Presentationon
Improvement of Policy on Occupational Safety and HealthFrom Policy Development to Implementation Measures-

1

Country information

Contents
1. Overview of Myanmar OSH System
2 Functions of Factories and General Labour2.
Laws Inspection Department
3. Accidents Statistics
4C
4.Current
I ii i
Initiatives
andd Challenges
Ch ll

1 Overview
1.
Oi
off Myanmar
M
OSH System
S t

National OSH Policy
In Section 24 of Constitution 2008 …..
“The Union shall enact necessaryy laws toprotect the rights of workers”
workers”..

Government Agencies on OSH
F t iFactories
andd GeneralGl Labour
L b
L
Laws
I
InspectiontiD
Departmenttt,

Ministry of Labour , Employment and Social Security
Boiler and Electrical Inspection Agency

Ministry of Industry Department of Public Work

Ministry of Construction
Occupational Health Division

Ministry of HealthMine Department

Ministry of Mine
Myanmar Industrial Crops Development Enterprise

Ministry of Agriculture and Irrigation
City Development Committees

Th ExistingThe
E i i OSH L
Legislationsi l i(1) Factories Act, 1951
(2) Oilfields (Labour and welfare) Act, 1951
(3) Boiler Laws , 1984
(4) Electricity Laws , 1984 , amended 1990((5)) MyanmaryMines Law,1994,(6) Pesticide Law, 1990
(7) Municipal Act ,1922 & City Development law ,1990

2. Functions of Factories and General Labour
Laws Inspection Department

Ministerial Structure
Ministry of Labour,
Labour
Employment and Social
Security
Office of the Minister

Department of Labour

Department of Labour
Relations

Factories and General
Labour Laws
Inspection Department

Social Security Board

The Organizational Structure of FGLLID
Director-General
Dy Director-General
Factory Inspection(Safety ,Health and Welfare)

Labour Laws Inspection(Overtime,Wage,.)

Director

Director

Dyy Directors
AssistantDi
Directort
Factory
Inspectors

Dy Directors
Assistant
Directors

Labour Laws
Inspectors

Objectives of FGLLID
 To enhance the productivity of labour by
ensuring workers to enjoy their legal rights
regularly and fully under the existing labour
laws..
laws
 To enforce OSH inspection

Factories and General Labour Laws Inspection Department
To To enhance the productivity of
Objective

Functions andactivities

labour by
ensuring workers to enjoy their legal rights
regularly and fully under the existing labour laws

•Inspection•Accident
A id t Investigation
Iti ti•Conducting Training and Awareness Raising•Implementation of OSHMS•Work Environment Measurement•Cooperation with regional and international OSH
organization

The Structure of FGLLIDThe Inspectors of FGLLID

Previous

New

Structure

Appointed

Structure

Appointed

90

69

326

162

OSH Inspection
I
ti
Manpower

162 Inspectors

Inspection
type

General OSH Inspection

F t i (Covered
(C
d by
b FA)
Inspections 25 Factories
15 Small Establishments/Enterpries
targeted (Not Covered by FA)

Main Activities on OSH
Inspection
Accident Investigation
Conducting Trainings on OSH
Awareness Raising on OSH

3. Accidents Statistics

TradeTextile work

Factoryy

List of Registered Factories

912

General engineeringgg work2093

Metal and mineral work

254

Foodstuffs, tobacco and drink
work
Chemicals and allied work

2766

Paper
p and pprintingg work

997

Wood, stone and ceramic work

872

Weaving and bailing work

65

2390

3000

Te tile work
Textileork
General engineeringwork
Metal and mineral work
Foodstuffs, tobacco anddrink work
Chemicals and allied
work
Paper and printing work
Wood, stone and ceramicwork
Weaving and bailing work

2766
2390

2500

2093
2000

1500

1000

997

912

872

500

254
65

Miscellaneous work
Total

2102
12451

0

Number of Workplaces being Implemented
OSH Committee
Fiscal year

Number of OSH
committee

Number of Workplaces being Implemented
OSH Committee
600

508

2010-113500

2011-12166

400

2012-131302013 142013-1464

2014-1534

2015 up to September

508

Total

905

Number of OSH 300
Committee

166

200

64

100

3
0

130
34

WEM Measurement Performance
Trade
Textile work

WEM
Measurement
197

WEM Measurement
Performance
250

General engineering work

28

Textile Work

Metal and mineral work

33

General Engineering Work

Foodstuffs, tobacco and drink work98

Chemicals and allied work

25

Paper and printing work

24

Wood, stone and ceramic work

27

Weavingg and bailingg work

4

200

197

Metal and Mineral Work
Foodstuffs, Tobacco andDrink Work150

Chemicals and Allied Work

Miscellaneous work

107

Total

543

Paper and Printing Work

107

98

100

Wood and Ceramic Work
Weaving and Bailing Work50

Miscellaneous Work

28 33

25 24 2740

OSH Training Performance
Performance of OSH Trainings
Year
2011-12
2012-132013-142014-152015 up to
September
Total

Frequency
2551
781
257
475
187

Trainees
34964
5434
9988
40841
7260

40000

98487

34964

35000
30000
25000
20000
15000
10000
5000
0

4251

40841

45000

9988

7260

5434
2551

781

Number of Trainees
Frequency

257

475

187

Reported Accident Statistics

Year

Accident
Serious

Fatal

2011

13

46

20

79

2012

10

21

15

46

2013

3

21

15

Reported Industrial Accidents

Total

Minor

39

2014

9

32

16

57

2015 up to
September

24

46

16

86

50
45
40
35
30
25
20
15
10
5
0

47

46

32
20

13

21

25

21

15

16

15

10

9
3

Minor
16

Serious
Fatal

Accident Classification by Trade((2015 upto
p september
september)
p
)
Trade

M

F

Total

Textile8-8

General Engineering

20

-

20

Mineral and Metal

7

-

7

Food, Drink , Tobacco andfoodstuffs

13

3

16

Chemical and Allied Industry

4

1

5

Paper and Printing

2

-

2

Process Relating to Wood, Stoneand Glass

28

6

34

Ginning and Press

1

-

1

Miscellaneous

4

2

6

87

12

99 (86 cases)

Total

Employment Injury, workers
workers’ Compensation
and Insurance System in Myanmar
The employer shall report to the relevant
townshipp social securityy office immediatelyy if
a serious employment accident occurs to his
insured worker. There shall not be any delay
without sufficient cause to report as such.
such
A team of officers and other staff who inspect
the establishments,, if it is found out theemployment injury, death, and contracting
disease, shall report to the relevant townshipsocial security office in accord with thestipulations.

Employment Injury and Insurance System
Reporting and Inquiring into Employment Injury
a.

b
b.

The employer shall inform to the relevant Township Social Security
Office immediately if an insured worker gets serious employment
injury including fatal case.
injury,case Moreover,Moreover it shall be informed at thesame time to the relevant Township or District FGLLID Office within
72 hours, within 24 hours for fatal case, in the prescribed form.
Th OSH inspector
The
i
and
d the
h officer-in-charge
ffi
i h
off theh TownshipThi Social
S i lSecurity Office shall, when it is informed by the employer according
to sub-rule (a) or he or she knows about the occurrence ofoccupational accident, go down to the relevant establishment toinspect , find root cause and can decide that it is the employment
injuryj y or not.

E l
Employmentt IInjuryjandd Insurance
I
SystemS t
The employer shall, if the employment injuries or
occupational diseases occur due to his failure toensure the necessary arrangements orprotection measures for the occupational safety
and health of workers, incur the cash and otherbenefits for which the insured persons have theright to enjoy.

E lEmployment
InjuryI j
andd Insurance
I
SystemS
Rehabilitation and arrangementsgfor workers(a) The Social Security Board shall, in coordination with theSocial Welfare Department or other departments ororganizations carry out re-training of skills relating to workorganizations,and rehabilitation so as to make the disabled insured person
who lost bodily organ due to employment injury, integrate into
the community and so as to enable to work easily by reretraining.
(b) The employer shall create job opportunities in his/herestablishment so as to make the disabled persons work andtransact easily.
(c) The insured persons who obtained cash benefit shall notrefuse to participate in those processes without sufficientcause.

Employment Injury and Insurance System
Conversion into the permanent disability benefit
a.

b.

c.

d.

When the insured person is stopped the medical treatment as the injury is
cured and terminated the temporary disability benefit before 12 months iscomplete, and if permanent impairment in capability to work or loss of bodily
organ occur, he has the right to convert and enjoy into permanent disability
benefit.
The insured person has the right to enjoy by converting to the permanentdi bili after
disability
f terminating
i i theh benefitbfi relatingl i to theh temporary disability,
di bili if it
i is
iproved that he is suffering permanent disability according to the medical
certificate while he is enjoying the temporary disability for 12 months period.
If theth insuredid person cannott continuetit worktok afterft theth completionl ti
off 12months from the commencing day of temporary disability benefit because of
the employment injury, he has the right to terminate the temporary disability
benefit and enjoy the permanent disability benefit by converting to it.
it
The date of termination of benefit relating to the temporary disability shall bedecided by the doctor recognized by the Social Security Board.

Employment Injury and Insurance System
Evaluation of loss of earning capacity
Th medical
The
di l examinatiioni ii
b d underboard
d Social
S i l
Security Board shall, by notification, determinetheh percentage off lossl
off earningi
capacityibecause of the employment injury.

Employment Injury and Insurance System
Examining and approving on the death due toemployment injury
The medical exmination board shall examine and decide,
as mayy be necessary,y, whether or not it is caused byy theemployment injury. If it is necessary, the remark of the
Factories and General Labour Laws Inspection Department
shall be obtained;E l
Employmentt Injury,
I j
Insurance
I
SystemS t
andd Registration
R i t ti
The Social Security Board shall manage, in accord with thestipulation the employment injury benefit insurance
stipulation,system in order to avoid from giving the employment
injury benefit by the employer in lump sum and to enable
the worker to enjoy the following benefits:(a) medical treatment;(b) temporary disability benefit;(c) permanent disability benefit;(d) survivors' benefit for decease owing to occupation.

E l
Employmentt Injury,
I j
Insurance
I
SystemS t
andd Registration
R i t ti•••

The employer
Th
l
shall
h ll effectffiinsuranceb registeringbyiiat theh relevantltownship social security office in order to get employment injury
benefit by the workers applied to provisions of compulsory registrationfor employment injury benefit insurance system contained in section
45 and by paying contribution to employment injury benefit fund inaccord with the stipulations.
p
The employers may effect insurance by registering voluntarily for theworkers who are not applied to provisions of compulsory registrationfor employment injury benefit insurance system and by paying
stipulated contribution to employment injury benefit insurance fund.
When registering to effect insurance for employment injury benefit
under sub-sections (a) and (b), the worker shall submit medical
certificate.

Contribution for Employment Injury Insurance System
As regards employer
employer’ss contribution to employment injury benefit fund
for the worker’s entitlement to employment injury benefit under
section 47, rates of contribution shall be determined according toworker’s
k ’ remunerationti
andd degreed
off possibility
ibilit off occupationaltilhazard, by the Ministry of Labour, by notification, in co-ordination
with the Social Security Board, with the approval of the Union
Government.
The employer:(a) shall pay contribution monthly to Employment Injury Benefit Fund at
the rates stipulated under section 50. Moreover, he shall also bear
the expenses for paying as such;(b) shall pay defaulting fee stipulated under section 88, in addition to
the contribution if fails to contribute after effecting insurance for
employment
p y
injuryj y benefit.

Contribution Rates
Sr.
no

SSB Insurance
contribution
rates
Sytem
Employer
Employee Total

1

Health and Social Care Insurance System

2%

2%

4%

2

Employment Injury insurance system

1%

0%

1%

3

Invalidity Benefit, Superannuation Pension
Benefit and Survivors’ Benefit Insurance
System
y

3%

3%

6%

4

Unemployment Benefit Insurance System

1%

1%

2%

5

Other (Housing)

-

25%

25%

Contribution rate

The Right to Take Medical Care and Other
Benefits Regarding Employment Injury• The insured has the right, if the employment injury
occurs, to take medical care in accord with thestipulations and to enjoy other benefits containedin this chapter.
chapter• The types of diseases caused by occupation
contained in sub-section
sub section (a) shall be as specified
by the rules and regulations.

Temporary Disability Benefit•

The insured who suffers reduction or cessation of earnings byreason off incapablei
bl to work
k off employmentli jinjury,ffreemedicaldi ltreatment in addition to temporary disability benefit of 70 per cent of
average wage within four months prior to occupational accident shallbe entitled to enjoy commencing from the date of incapacity forwork, to a maximum of 12 months under medical certificate.
a.

b
b.

c
c.

The temporary disability benefit under section 55, shall be terminatedfrom the date on which the insured becomes capable for work again
within 12 months.
If an insured continues to be incapable to work after the expiration of
12 months period of temporary disability benefit, it shall be converted
to enjoy permanent disability benefit.
The insured while enjoying temporary disability benefit for 12 months
due to occupational accident, and excepted that it be permanent
disability by medical certificate, terminate the temporary disability
benefit and is converted to enjoy the permanent disability benefit.
benefitPermanent Disability Benefit•

The person who suffers loss of capacity for work is entitled topermanent disabilitypy benefit calculated based uponp
70 p
per cent of
average wage of a month contained in section 57, with percentage
of loss of capacity for work, as specified hereunder:– in case of loss of capacity for work is 20 per cent and under,
under theright to enjoy monthly cash benefit entitled to such person for five
years in lump sum;– loss of capacity for work is from over 20 per cent to 75 per cent,the right to enjoy monthly cash benefit entitled to such person forseven years in installment or in lump sum according to the desireof that person;– loss of capacity for work is over 75 per cent, the right to enjoy
monthly cash benefit entitled to such person for nine years ininstallment, or in lump sum, or in monthly installment until deathaccording to the desire of that person;

Permanent Disability Benefit (continued)••– if the medical certificate is submitted that permanently disabled
person contained in sub-section (c) requires the constantattendance of another person,
person the right to enjoy the supplement of
10 per cent of his benefit in installment, or in lump sum, or inmonthly installment until death according to the desire of that person
in addition to the benefit contained in sub-section
sub section (c).
(c)
The proportion of permanent partial disability benefit and permanent
total disability benefit shall be proportionate to the loss of capacity forwork contracted by employment injury.
If an insured who obtained the permanent partial disability benefit
suffers another employment injury, his percentage of loss of capacity forwork shall be stipulated afresh taking into consideration to his former
stipulated percentage of loss of capacity for work. The combined
percentage of loss of capacity for work shall not exceed valued
percentage of his overall loss of capacity for work. For the afresh
stipulation as such, due cash benefit is entitled to obtain for added
percentage of loss of capacity for work in accord with the stipulations.
stipulations

Survivors' Benefit for Occupational Decease•

When the insured is deceased of employment injury:
a. a person nominated by the insured shall be entitled to enjoy
survivors' benefit as follows in installment or in lump sum,according
di
t the
to
th desired i off thatth t person, basedbd on contribution
t ib tiperiod according to the average wage within four months before
that insured is deceased:
i. if it is contributed 60 months and under, 30 times of an
average wage for a month;ii if it is contributed over 60 months to 120 months and under,
ii.
under
50 times of an average wage for a month;iii. if it is contributed over 120 months to 240 months andunder, 60 times of an average wage for a month;iv. if it is contributed over 240 months, 80 times of an average
wage for a month;Survivors' Benefit for Occupational Decease(continued)
b. if there is no nominated person contained in subsubsection (a), persons who have depended upon theearnings of that insured shall enjoy the survivors'
benefit in the following order contained in sub section (a), in installment or in lump sum according
to the desire of that person in accord with thestipulations:i wife or husband of the deceased;i.
ii. if there is no wife or husband of the deceased,children of that person;iii. if there is no wife, husband and children of thedeceased,, mother and father of that p
person.

Compensation for non-insured workers
For non-insured workers who are not coveredby the Social Security Scheme, the Workmen's
Compensationp
Act , 1923 p
places liabilityy ofcompensation in case of work related accidents
on the individual employer.
p y
It deals withpersonal injuries in the course of employment
and also with occupationalpdiseases.

4. Current Initiatives and OSH Challenges

Working

Environment

Measurement

To be a safe and healthy workplace, Working
E iEnvironmentt Factors
F tsuchh as Ventilation,
V til ti
H t
Heat
Stress, Noise , Illumination , Dust, Fumes andOrganic Vapor Emission need to be improved.

So FGLLID conducts working
g environment
measurements(WEM) and issues necessary
instructions and provide technical advices .
So far 543 workplaces could be conducted for
WEM and this process is still on.

Conducting
g Workingg Environment Measurement
at Workplaces.

Implementation of OSH –MS at Enterprise Level

Even though there have no laws/ regulations on OSH – MS ,FGLLID has been cooperating with responsible persons fromenterprises to apply OSH- MS at workplaces by voluntary basis.
So far 905 of enterprises have already implemented OSH- MSand the process is still going on.

OSH Educational Booklets

Safety Posters

OSH AwarenessA
S
Seminariandd Exhibition
E hibi i Photos
PhChallenges

 No OSH expert
 Budget Constraint Lack of cooperation & coordination among the
OSH responsible agencies and occupiers.
 Out-dated
Out dated the existing legislation on OSH
 Lack of activities the existingg industrial
hygiene laboratory.

Kyay Zu Tin Par Tal

THANK YOU !