REVISITING CAPACITY BUILDING IN
SEWERAGE INDUSTRY
22 DECEMBER 2015
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.
i
CONTENTS
Page
Abstract……………………………………………………………………………………….
i
Abbreviations……………………………………………………………………………….
iii
List of Boxes, Figures and Tables…………………………………………………..
v
Terms of reference……………………………………………………………………….
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……………….
7
3.2
Poor Incentives……………………………………………………………………
10
Analysis of Training………………………………………………………………………
12
4.1
Description and Objectives of the Acts and Regulations………
12
4.2
Training requirements…………………………………………………………
14
4.3
Adequacy of training and burdens………………………………………
23
4.4
Analysing the Best Practices across Selected Countries……….
33
Options…………………………………………………………………………………........
37
5.1
Training Needs for Water Services Sector…………………………...
37
6.
Conclusion……………………………………………………………………………………
44
7.
Appendices…………………………………………………………………………………..
46
4.
5.
ii
ABBREVIATIONS
AGT
ASQA
Authorised Gas Tester
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
PE
SPAN
SSA
ST
STP
National Institute of Occupational Safety and Health
Population Equivalent
National Water Services Commision
(Suruhanjaya Perkhidmatan Air Negara)
Sewerage Service Act
Energy Commision (Suruhanjaya Tenaga)
Sewage Treatment Plants
iii
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
Table 3
: Sections Related to Training Requirement by the Respective Government
Department/Bodies.
: 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
iv
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.
v
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 28year 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 largescale sewerage systems are not provided, private developers will continue to construct
small-scale sewerage systems.
1
10000
9000
8000
7000
6000
5000
4000
3000
2000
1000
0
800
700
600
500
400
300
200
Pumping Stations
Treatment Plants
Figure 1: Sewage Treatment Plants (STPs) Takeover from 1994-2008
100
0
199419951996199719981999200020012002200320042005200620072008
Axis Title
Sewage treatment plants
Pumping Stations
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.
No. of public treatment
80%
20,000,000
18,000,000
16,000,000
14,000,000
12,000,000
10,000,000
8,000,000
6,000,000
4,000,000
2,000,000
0
70%
60%
50%
40%
30%
20%
10%
0%
Imhoff Tank
Oxidation Ponds
Mechanical
Plants
Population
Figure 2: Types of Public Sewage Treatment Plant with Population Equivalent
Network Pump
Stations
Axis Title
No. of public treatment plants (%)
population equivalent
Source: Indah Water Konsotium (IWK), 2014
1
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.
2
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)
3
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
Stern warning: The treatment
plant in Kinrara does not look
to be fully operational and raw
sewage is floating at the pond
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)
4
Figure 3: River Water Quality Trend, 2005 - 2013
700
594
600
580
573
579
577
570
400
473
464
500
338
Clean
368
335
334
306
300
166
200
180
90
100
473
197
164
293
217
278
275
Polluted
203
161
150
58
48
48
54
74
2006
2007
2008
2009
2010
Slightly polluted
275
173
39
34
25
2011
2012
2013
No. of Rivers Monitored
0
2005
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
2007
2008
2009
2010
2011
2012
2013
376
2006
281
167
211
154
152
103
87
158
122
194
270
266
255
156
117
134
2
36
104
44
102
187
238
320
302
349
2005
CLEAN
SLIGHTLY POLLUTED
POLLUTED
Source: Department of Environment Malaysia, 2013
5
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)
6
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.
7
Table 1: Feedback from Respondents on Construction Training Requirements
No
Agencies
Training
Provider
Issues
-
1.
National
Water
Services
Commision
(SPAN)
Malaysia
Water
Association
(MWA)
-
-
2.
Department of
Occupational
Safety and
Health
(DOSH)
National
Institute of
Occupational
Safety and
Health
(NIOSH) and
others
-
-
-
3.
Construction
Industry
Development
Board (CIDB)
Akademi
Binaan
Malaysia and
others


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.
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
Foreign workers attending the course
face difficulties in understanding the inclass 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)
8
No
4.
5.
6.
3.2
Agencies
Training
Provider
Board of
Engineer
Malaysia
(BEM)
Institute of
Engineers
Malaysia
Department of
Environment
Environment
Institute of
Malaysia
Other Issues
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
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.
9
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.
10
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
National Water
Services
Commision
(SPAN)
Titles
Related Sections
Sec 47: Developer to hand over water
supply system or sewerage system of
new development to service licensee
Water Services Industry Act
Sec 49: Qualifications to operate, etc.
water supply system and sewerage
system
Sec 180: Power of Commission to make
rules
Section 29: Safety and health officer
Department of
Occupational
Occupational Safety and
Safety and Health Health Act
(DOSH)
Section 66: Regulations
- Occupational Safety and Health
(Safety and Health Officer)
Regulations 1997
11
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
4.2.2 Risk Assessment
Industry Code of Practice
for Safe Working in a
Confined Space 2010
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.
Section 4: Functions of the Board
Construction
Industry
Development
Board (CIDB)
Construction Industry
Development Board 1994
Board of
Engineers
Malaysia (BEM)
Registration of Engineers
Act 1967 (Revised – 2007)
Section 4: Functions of the Board
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
Department of
Environment
(DOE)
Section 32: Accreditation and
Certification of Skilled Construction
Workers and Construction Site
Supervisors
See Appendix A for further information
12
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
IPA
PERMIT
TYPE B
IPA
PERMIT
TYPE C
IPA
PERMIT
TYPE D
IPA
PERMIT
TYPE E
Purpose
New Application / Permit Renewal intended to
ensure competency
Permit
Requirement (related to training courses)
A copy of the Certificate for Confined Space Course /
recent receipt of payment for Confined Space courses
organised by MWA or NIOSH.
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.
A copy of the Certificate for Confined Space Course /
recent receipt of payment for Confined Space courses
organised by MWA or NIOSH.
A copy of the Certificate for Confined Space Course /
recent receipt of payment for Confined Space courses
organised by MWA or NIOSH.
13
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)
Purpose
Construction
Personnel
Registration and
Accreditation
Contractor’s
Registration
Certificate
Contractor’s
Registration
Certificate
Contractor’s Registration Certificate: Specialisation
Permit/
Certificate
Requirement (related to
training courses)
Competent
CIDB Green Card
Individual
Registration of Contractor
/ First year renewal
Within the first year, the
registered contractor is
required to attend the
Integrity Courses.
Company
Renewal of Contractor’s
Registration
Contractor Continuous
Development (CCD)
Company
Permit A (A1 or A2) from
SPAN except for Sabah and
Sarawak
Individual
Permit B from SPAN except
for Sabah and Sarawak
Individual
Permit B from SPAN except
for Sabah and Sarawak
Company
Permit D from SPAN except
for Sabah and Sarawak
Company
Permit C1, C2, C3 or C4
from SPAN except for
Sabah and Sarawak
Company
Permit D from SPAN except
for Sabah and Sarawak
Company
Permit D from SPAN except
for Sabah and Sarawak
Company
Permit D from SPAN except
for Sabah and Sarawak
Company
Specialisation: B10
(Indoor Water Pipe
Installation)
Specialisation: B25
(Connecting pipe to
drainage pipe)
Specialisation: B25
(Connecting pipe to
drainage pipe)
Specialisation: B27
(Water supply system and
sewerage system
maintenance service)
Specialisation: CE19
(Sewerage System)
Specialisation: CE20
(Water Supply System)
Specialisation: CE38
(Sewerage System
Maintenance)
Specialisation: CE39
(Water Supply System
Maintenance)
14
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
Authorised
Gas
Tester/Entry
Supervisor
Safety and
Health
Officer
Purpose
Requirement (related to training
courses)
Competent
Certified true copy of:1) Attendance certificate of related
course conducted by NIOSH or by
New
any training provider recognized by
Registration
DOSH
2) Training Certification Card by
NIOSH
Individual
1) Certified true copy of training
certificate card of refresher courses
for ’Safe Working in Confined Space
Renewal
for Authorised Gas Tester and Entry
Registration
Supervisor’ issued by NIOSH.
2) Copy of attendance certificate for
refresher course.
Individual
Certified copy of certificate courses
New
and pass safety and health officer
Registration
program
Individual
15
Permit/
Licence
Purpose
Requirement (related to training
courses)
Table points calculation system
according to the ‘Garis Panduan
Sistem Mata Bagi Program
Pendidikan Berterusan’. (Attached
Renewal
Registration with the copy of certificate of
'continuous education program'
attended in the registration or
renewal and related evidence)
Site Safety
Supervisor
***only
applicable
during
Construction
works.
Competent
Individual
Certified copy of certificate courses
and pass site safety supervisor
program.
New
***person who has successfully
Registration completed a site safety supervisor course
Individual
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
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
16
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.
1.
Competent Person
i) Authorised Gas Tester
(AGT) and Entry
Supervisor (ES);
Training Provider/
Facilities
National Institute of
Occupational Safety and
Health (NIOSH)
Scope of Approval
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
17
No.
Competent Person
Training Provider/
Facilities
Scope of Approval
ii) Standby Person (SP)
and Authorised
Entrance (AE)
2.
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
Malaysian Offshore
Contractors Association
(MOCA) Resources /
SapuraKencana
Petroleum Berhad
Limited to workers
from companies
registered under
MOCA
Standby Person (SP) and
Authorised Entrance (AE)
4.
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
18
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
Certified true copy of:
1) Attendance certificate of related
course conducted by NIOSH or by any
training provider recognized by DOSH
New
SPAN
A copy of the Certificate for Confined
Space Course / recent receipt of
payment for Confined Space courses
organised by MWA or NIOSH.
2) Training Certification Card by 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.
A copy of the Certificate for Confined
Space Course / recent receipt of
payment for Confined Space courses
organised by MWA or NIOSH.
2) Copy of attendance certificate for
refresher course.
*refer to Tables 5 and 7
*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).
19
Table 8: Brief comparison between AGT courses offered by NIOSH (DOSH) and
MWA (SPAN)
NIOSH12
Course Title
Authorised Gas Tester & Entry Supervisor for Confined Space
i.
Entry
Requirement
MWA13
ii.
Attended and passed the Authorised
Entrant & Stand-by Person for
Confined Space course; AND
Possessed a Minimum
SPM/MCE/SPVM and equivalent with
credit in science and with at least 5
years’ experience in confined space
occupation
None
i.
Course
content
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
Course Title
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
Work area classification and its risk
and safety factors
Chemistry of fire, toxic and
flammable atmospheres
The construction of gas detectors
Type of gas detectors for inert
atmosphere
Written examination
The permit-to-work procedures
Calibration of gas detectors
Gas testing procedure
Gas testing - practical
Authorised Entrant & Standby Person for Confined Space
Entry
Requirement
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
None
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
Legislation
Definition of confined space
Entry into manholes
The permit-to-work
Equipment required for entry
The theory of gas detection
Breathing apparatus
Practical
Written examination
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
20
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
21
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
22
It can be seen from Table 9 below that most of the courses focus on inclass/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
23
Table 9: Example of Training modules and the delivery mode of each courses
Training
Provider
Targeted Participants
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;
Course Title
Confined Space Training for
Authorised Entrant (AE) & Stand-by
Person (SP)
MWA
All personnel involved in entering and working in
confined space
Authorised Gas Tester (AGT) and
Entry Supervisor
MWA
All personnel involved in entering and working in
confined space
Certified Environmental Professional
in Sewage Treatment Plant
Operation (CePSTPO)
Green Card- Safety and Health
Induction Course for Construction
Workers
Sewerage Construction Manager
(SCM)


Delivery mode
1) In-class training
2) Practical
3) Written Examination
1) In-class training
2) Practical
3) Written Examination
MWA
CIDB
CIDB & IWK
Medium of Teaching
-
-
-
All personnel working in Construction Sites
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) In-class training
-
-
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
24
Figure 5: Statistics of Occupational Accidents, 2009-2014
Public Services and Statutory Bodies 0%
Financial, Insurance, Real Estate and Business Services 0%
2%
3%
1%
Hotel and Restaurants
2%
1%
1%
Wholesale and Retail Trade 0% 1%
Transport, Storage and Communication
1%
Utility
0%
2%
Construction
0%
2009
10%
2010
2%
4%
68%
2011
3%
2012
4%
16%
40%
2013
18%
6%
6%
2%
63%
50%
3%
19%
1%
68%
30%
4%
3%
6%
1%
20%
2%
3%
17%
5%
1%
66%
1%
3%
20%
5%
0% 0%
Manufacturing
1%
2%
21%
1%
3%
3%
6%
Agriculture, Forestry, Logging and Fishing
2%
3%
3%
2%
Mining and Quarrying
2%
2%
58%
60%
70%
80%
60%
90%
100%
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/
25
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 lesseducated 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.
26
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
Figure 6: Distribution (%) of
SMEs by Sector
0.10%
1% 5.90%
3%
SMEs). From this figure, 522 SMEs
are in the water supply, sewerage,
waste
management
and
remediation activities subsector
Services
Mining &
Quarrying
(i.e. 381 micro-size companies,
112 small-size companies and 29
medium-size companies)
Construction
In the construction sector, 3 per
90%
Agriculture
cent out of the total companies in
Manufacturing
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
27
Course Title
Authorised Gas
Tester & Entry
Supervisor for
Confined Space
Training
Provider
Fees
Course Duration
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)
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)
New
Course Fees: RM4,000.00
Examination Fees: RM900.00
22 days /165.5
hours
NIOSH
New
Course Fees: RM1,650.00
Examination Fees: RM350.00
(Peninsular Malaysia)
RM400.00
10 day(s) / 80
hour(s)
Course Fees: RM 550.00
2 days
MWA
New
Entry
Refresher
Course Fees: RM 435.00
1 day
New
Entry
Course Fees: RM 600.00
2 days
Refresher
Course Fees: RM 485.00
2 days
NIOSH
Authorised Entrant
& Standby Person
for Confined Space
NIOSH
Safety and Health
Officer
NIOSH
Site Safety
Supervisor
Confine Space
Authorised Gas
Tester (AGT) and
Entry Supervisor
MWA
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
28
Course Title
Sewerage
Construction
Manager (SCM)
Training
Provider
CIDB/IWK
Fees
New
Course Duration
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
29
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
SPAN
Permit
IPA Jenis
C3, D
CIDB
Grade G4
Training
Course
Attended
Authorised
Entrant &
Standby
Person for
Confined
Space
Construction
Personnel
Training
Provider
Type
Fee
Course
Duration
Frequency
of Training
MWA
Refresher
RM
485.00
2 days
Once every
two years
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.
30
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.
31
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
Malaysia
Singapore
United
Kingdom
Water Services
Environmental
Standards
1) Malaysia Water
Association
Environment
(MWA)
Institute of
2) Indah Water
Malaysia (EiMAS)
Technical Training
Centre
Singapore
Singapore Water
Environment
Association
Institute
Weather and
Climate Change
The Natural
Office (MET
Environment
Office) Training
Research Council
for Water Industry
India
National Water
Academy
Environment
Protection
Training and
Research Institute
Hong Kong
Water Supplies
Department
Institute for the
Environment
Construction
Services
Occupational
Safety & Health
Akademi Binaan
Malaysia (ABM)
National Institute
of Occupational
Safety and Health
(NIOSH)
Building &
Construction
Authority
Workforce
Development
Agency
Construction
Industry Training
Board
British Safety
Council
Construction
Industry
Development
Board
Construction
Industry Council
Directorate
General, Factory
Advice Service &
Labour Institutes
(DGFASLI)
Occupational
Safety and Health
Training Centre
32
Country
Water Services
Japan
Japan Water
Works
Association
South
Africa
Energy and Water
Services, Sector
Education and
Training Authority
Environmental
Standards
The National
Environmental
Research and
Training Institute
Construction
Services
Construction
Machinery &
Construction
Association
Department of
Environmental
Affairs
Construction
Education &
Training Authority
(CETA)
Occupational
Safety & Health
National Institute
of Occupational
Safety & Health
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
Duration
Mode of Study
Malaysia
Malaysia
Water
Association
Water Treatment
Plant Competency
Course (WTPCC)
Suruhanjaya
Perkhidmatan
Air Negara
(SPAN)
5 days
- Lecture (InClass)
- 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
Hong
Kong
Occupational
Safety &
Health
Council
(OSHC)
Safety Training
Courses for
Competent Persons
of Confined Space
Hong Kong
Labour
Department
Training courses
Approved
Agency
1 day
- Lecture (InClass)
- Lecture (InClass)
- In-class practical
- Written
examination
33
Country
Training
Provider
Singapore
Waterhub
Authorities
United
Kingdom
Develop
Training
Approved
Agency
Training
Duration
Mode of Study
Sewer & Manhole
Training Course
Public
Utilities Board
(PUB)
1 day
- Lecture (InClass)
- In-class practical
Waste water
Treatment Process
Operations (STI)
Training Course
National
Sewerage
Association
4 days
- Lecture (InClass)
- In-class practical
- On site practical
Training courses
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
Training
Courses
Course
Content
Water Treatment Plant Competency
Course (WTPCC)
 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
United Kingdom







Waste water Treatment Process
Operations (STI) Training Course
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.
34
Malaysia
Training
Courses
Water Treatment Plant Competency
Course (WTPCC)
 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
United Kingdom




Waste water Treatment Process
Operations (STI) Training Course
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
35
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
36
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
37
 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)
38
 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
39
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 (performancebased) 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
40
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.
41
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).
42
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
43
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.
44
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;
Occupational Safety and Health Act
Department of
Occupational
Safety and
Health (DOSH)
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
45
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
46
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 1994
Construction
Industry
Development
Board (CIDB)
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;
Registration of Engineers Act 1967 (Revised – 2007)
Board of
Engineer
Malaysia
(BEM)
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;
Environmental Quality Act 1974
Department of
Environment
(DOE)
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;
47
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.
48
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
49
 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
50
Appendix C
Risk Assessment Model by Australian Skills Quality Authority (ASQA)
51