Use of Asbestos Building Materials in Ma
Use of Asbestos Building Materials in Ma
Use of Asbestos Building Materials in Ma
Malaysia has partially banned the use of asbestos. The prohibition of asbestos building materials in
schools, clinics, and hospitals built by government started in 1999. Since 2005, prohibition has also been
applied to all government buildings. However, asbestos construction materials such as roof and ceiling tiles
are still sold in the market. There are no acts or regulations prohibiting the use of asbestos in private
buildings in Malaysia. Asbestos was first used for industrial purposes in Malaysia in the 1960s and the first
regulations related to asbestos have been around since the 1980s. Non-governmental organizations have
been pushing the government to impose a total ban since the 1980s. Asbestos is still used in the
manufacturing sector under the ‘‘control use’’ concept. The study found difficulties in established and
validated medical record data on asbestos-related diseases. This paper reviews existing asbestos-related
regulations and guidelines in Malaysia and discusses the urgency for a total ban in the use of asbestos in
building materials in the country. In the meanwhile, stricter enforcement of occupational safety and health
regulations related to the use and exposure of asbestos among workers in the manufacturing, construction,
maintenance, and demolition sectors has been in place.
Keywords: Asbestos, Regulations, Asbestos building materials, Asbestos-related disease (ARD), Asbestos-containing materials (ACMs), Occupational
safety and health (OSH), Supply chain
in the MNCR 2007.8 The long latency period and Safety), CIDB (Construction Industry Deve-
(30 years) before the appearance of ARDs9 means that lopment Board), SIRIM Berhad (Standard and
the full burden of ARDs will become apparent around Industrial Research Institute), Architect Association
2010–2020, as predicted by Takahashi.10 However, Malaysia (PAM, Persatuan Arkitek Malaysia), and
official records on ARDs are limited. Inadequate Institute of Quantity Surveyors of Malaysia (IQSM).
epidemiological data on ARDs have resulted in the Similar interviews were also conducted with non-
perception that the impact of asbestos on workers in governmental organizations including the MTUC,
Malaysia is minimal. Building Workers International (BWI), Asia Pacific
Establishing comprehensive medical records of Regional Office, and the International Federation of
ARD cases represents a major challenge in develop- Metallurgy Workers.
ing the policy framework for the total ban of asbestos Data on asbestos imports were acquired from the
in Malaysia as proposed by the Malaysian Trade Statistics Department of Malaysia and database of
Union Congress (MTUC) since the 1980s.11 One of MATRADE (Malaysian External Trade Develop-
the major obstacles is the insufficient numbers of ment Corporation).
specialist doctors trained in ARD diagnosis and
treatment.3,7,11,12 Difficulties in early detection of Result and Discussion
pulmonary malignancy related to asbestos are com-
Legislative measures on the use of asbestos
mon in many countries.13 A summary of our supply chain framework analysis
of legislative measures is presented in Fig. 1. An
Sato has published on asbestos policy analysis and
explanation of the legislative measures in each stage
politics in Japan.14 In the UK, research and activism
of the supply chain is given in Table 1.
have resulted in the development of the industrial
hygiene standard setting for asbestos to determine the Import stage and the asbestos industry in
acceptable risk.15 Unfortunately, most of the OSH Malaysia
research in developing countries is still lagging behind Malaysia is not an asbestos producing country. Since
due to economic, social, and political challenges.16 2000, raw asbestos mineral has been imported using
Given the current situation in Malaysia, we take a the Harmonized System of Coding (HS Code). The
non-traditional approach to identifying the current import quantity from year 2000 to 2007 is shown in
uses of asbestos, especially asbestos building materials, Fig. 2.20 During that period, an annual average of
in this country. We used a supply chain framework 11 708 metric tons and a total of 93 664 metric tons
analysis to identify the gaps in legislative measures were imported for industrial use. From that amount,
such as policy, laws, regulations, and guidelines the top four exporting countries were Canada
associated with the use of asbestos and ACMs in (6271.524 metric tons), Brazil (4805.581 metric tons),
construction. Russia (942.023 metric tons), and South Africa
(338.512 metric tons). The import quantity decreased
Methods from 2000 to 2007. The import quantity suggests that
The analysis involves examining several stages in the ARDs may be underreported in Malaysia. Only 26
supply chain from the import, production, and cases of ARDs were reported from 1999 to 2005.6,8 In
consumption (construction and ACM use in build- comparison, Croatia imported 4000 metric tons of
ing) to removal and disposal. The approach that is asbestos minerals annually from 1995 to 2001 with
commonly referred to as supply chain management 317 of ARDs reported from 1990 to 2000.21
has been applied in various industries, management There are four documents related to asbestos at the
processes, and structural organizations.17,18 import stage (Table 1). The first two documents
We first examined documents pertaining to legis- prohibit importation of hazardous chemical materials22
lative measures on asbestos by identifying the including a prohibition on importing crocidolite
relevant government agencies, including: Public asbestos used for any purpose except research and
Works or Jabatan Kerja Raya (JKR) Head Quarters analytical activity.23 The asbestos mineral prohibition
and several state JKR offices, Department of does not cover other types of asbestos (actinolite,
Environment, Ministry of Natural Resources and anthophyllite, amosite, tremolite, and chyrsotile).
Environment, the Department of Safety and Health, Import licenses for the toxic and hazardous waste
Ministry of Human Resources, Ministry of Health, materials are issued by the Director General of
Royal Customs Department (Kastam Di Raja Environmental Department.
Malaysia), and Ministry of Higher Education. The third and fourth documents address the safety
Document review was supported by semi-structured and health of workers who handle (use, store, and
interviews19 with various government agencies as transport) asbestos minerals in the workplace. The
stated above and other relevant stakeholder such as OSH (Classification, Packaging, and Labeling of
NIOHS (National Institute of Occupational Health Hazardous Chemicals) (CPL) Regulations of 199724
Figure 1 Supply chain of asbestos building material-related laws and regulations in Malaysia.
Table 1 Legislative measures related to the use of asbestos and ACMs in Malaysia
Import of Customs Duties Order 1996 Royal Prohibits the import of hazardous chemical
asbestos mineral Malaysian Customs Department materials (including crocidolite asbestos)
except if there is an import license or
permit from related authority.
OSH Classification, Packaging and Asbestos classified as a carcinogen under
Labeling (CPL) of Hazardous Schedule II of OSH CPL Hazardous
Chemicals Regulations 1997 Regulations 1997.
Department of Occupational
Safety Health
Provides the legal framework for classification,
packaging, and labeling for hazardous
chemicals including Material Safety Data
Sheet (MSDS/CSDS).
OSH (Prohibition of Use of Substance) Prohibits all uses of crocidolite except for
Order 1999 Department of research and analytical purposes.
Occupational Safety Health
OSH Use and Standard of Exposure Provides the legal framework for managing
to Chemicals Hazardous to chemical hazard to worker health.
Health Regulation (USECHH) 2000)
Department of Occupational
Safety Health.
Promotes the management of chemical
substances hazardous to the worker’s
health and the establishment of a safe and
healthy workplace environment.
Production stage Occupational Safety and Consists of four regulations as follows:
of asbestos-containing Health Act 1994 (Act 514)
building material
1. Use and Standard of Exposure to
Chemicals Hazardous to Health Regulation
(USECHH) 2000.
2. Prohibition of Use of Substance Order
1999, prohibits import of crocidolite used for
any purpose except for research and analytical activity.
3. Notification of Accident, Dangerous Occurrence,
Occupational Poisoning and Occupational
Disease Regulations (NADOPOD) 2004.
4. Classification, Packaging and Labeling
(CPL) of Hazardous Chemicals Regulations 1997.
Factories and Machinery (Asbestos Prohibits the use of crocidolite asbestos and
Process) Regulations 1986, controls the use of chrysotile and other types of
under Factories and Machinery asbestos minerals.
Act 1967 (Act 139)
The controlled use of asbestos is permitted via
a PEL of 0.1 fiber/ml, 8 hours time-weighted
average (TWA) for all types of asbestos except
crocidolite.
Factories and Machinery Act 1967 Gazetted at 1 October 1986 was an act under
(Building Operations and Works FMA 1967 which covers building operations and
of Engineering Construction) works of engineering construction.
(Safety) Regulation 1986.
The provisions of FMA 1986 are supposed to be
an addition to and not substitution or lessening
any requirements enforced by or under the FMA
1967.
The definition of ‘‘building operations’’ covers
construction, structural alteration, repair, or
maintenance of a building (including repainting,
redecoration, and external cleaning of the
structure), the demolition of a building, and the
preparation for and the laying of the foundation
of an intended building, but does not include any
operation which is the work of engineering
construction within the meaning of this Act
An inspector may require workers to be medically
examined on the disease notified under the third
schedule that includes asbestosis-inhalation of
asbestos dust or fibers.
Table 1 Continued
Table 1 Continued
Code of Practice for Building Operator Did not contain regulations regarding demolition of
(Malaysian Standard/MS 282: buildings with ACMs; revoked l July 2012 under
Part 1, 1975) under Standards of subsection 15(1)
Malaysia Act 1996 [Act 549].
Code of Practice: Demolition of The contractor must prepare a
Building (Malaysian Standard/MS Safety and Health Plan for every
2318 (P) 2010) under Standards of building demolition project that
Malaysia Act 1996 [Act 549]. stated the health risk aspect of
removal, cleaned, and disposes of
asbestos-containing materials from
the building demolished according to the statutory
requirements [Refer to Environmental
Quality (Scheduled Waste) Regulations 2005].
For removal of asbestos-containing material,
it was stated that ‘‘Samples are to be
taken and tested for asbestos containing
material. In the case when ACMs
are discovered, such material must be carefully
removed from the site by licensed contractor
registered under Department of Environment.
The asbestos waste should be handled,
stored and disposed of as chemical waste.’’
The safety and health of the
workers during the constructions refers
to the Factories and Machinery Act 1967
(Building Operations and Works of Engineering
Construction) (Safety) Regulation 1986.
regulate the packaging of asbestos raw material, and Occupational Safety and Healthy Act (OSHA)
the Use and Standard of Exposure of Chemicals 1994.26 OSHA was enacted to ensure the safety and
Hazardous to Health Regulation of 200025 governs health of all workers and persons at the place of work
exposure (Table 1 and Fig. 1). The objectives of the except for those in the Armed Forces and in merchant
regulations are (1) to prevent the occurrence of shipping. The concept behind OSHA 1994 is to
occupational diseases, poisoning or adverse health promote self-regulation,27 as it places responsibility
effects from the use of hazardous chemicals at the for safety and health of the workers for those who
place of work; (2) to provide a minimum standard on created the hazards and those who work with them.
the safe use of chemicals hazardous to health at the The four regulations under OSHA 1994 that relate
workplace, and (3) to stipulate the maximum allow- to asbestos are Use and Standards of Exposure of
able exposure standard for occupationally exposed Chemicals Hazardous to Health (USECHH) Regu-
personnel. lation of 2000; Classification, Packaging, and Label-
Under the Schedule II of OSH-CPL Regulations of ing (CPL) of Hazardous Chemicals Regulations of
1997, asbestos is classified as carcinogenic. Under the 1997; Notification of Accident, Dangerous Occurrence,
OSH-USECHH Regulations of 2000, there is a Occupational Poisoning, and Occupational Disease
mandatory duty to perform an assessment of health (NADOPOD) Regulations of 2004;28 and the Pro-
risks of hazardous chemicals in the workplace. Such hibition of Use Substance Order of 1999. The first two
assessment can only be conducted by a competent regulations have been explained in the import stage, but
assessor registered with the Department of Occupa- also apply to the production stage due to the numerous
tional Safety and Health and is referred to as Chemical handling, labeling, transporting, and manufacturing
Health Risk Assessment (CHRA). The permissible activities involving exposure to asbestos materials
exposure limit (PEL) for all types of asbestos (except during the production process. The third regulation,
crocidolite) is 0.1 fiber/millimeter (fiber/ml). Employers NADOPOD Regulations of 2004 requires the notifica-
must establish control measures to prevent exposure tion of ARDs to the Department of Occupational
exceeding the PEL, provide information, instruction, Safety and Health (DOSH) by both the employers
and health surveillance program, and keep records of
and medical practitioners. The fourth regulation,
hazardous chemicals stored.
Prohibition of Use Substance Order of 1999 was ex-
Production stage plained in the Import Stage (Table 1).
At the production stage, there are several regulations The Factory and Machinery Regulations of 1986,29
controling asbestos exposure, as part of the which were imposed 26 years after the first asbestos
(Clean Air) (Amendment) Regulations 200032 and the asbestos in existing buildings and new private
Scheduled Waste Regulations of 200549 (Table 1 and buildings. Currently, the Factories and Machinery
Act 1967 (Building Operations and Works of
Fig. 1) cover asbestos waste and dust discharge into Engineering Construction) (Safety) Regulation
the air from all sources including demolition work. 198629 regulates the safety and health of the
Another source of ACMs waste is from the re- workers exposed to ACMs during their works by
placement of AC pipes used extensively in the using the definition of Control Use of asbestos in
public water supply. AC pipes run about 45 746 km the factories. This definition needs to be redefined
by taking into account the various types of
or 50% of the length of water pipes (91 247 km) in
maintenance works.
Malaysia.50 The replacement of AC pipes in dry 5. Amendments to the Uniform Building By-Laws
conditions led to exposure of workers to asbestos (UBBLs) under the Building, Street and Drainage
dust released in the process. This work has regula- Act: The UBBLs still contain an option for the use
ted under the Factories and Machinery Act 1967 of ACM in private buildings. For the safety and
health of the occupants and maintenance workers
(Building Operations and Works of Engineering
in these buildings, priority should be given to ban
Construction) (Safety) Regulation 1986,29 Environ- asbestos in existing buildings by amending this
mental Regulations (Clean Air) (Amendment) Re- Act.
gulations 2000,32 and subject to new Code of Practice
for Building Demolition (MS 2318: 2012).47 Conclusion
The supply chain approach applied in this study
Interim recommendations in advance of a ban succeeded in identifying the current status and the
ACMs are still being used widely in Malaysian regulatory gaps related to the use of asbestos in
buildings, especially in rural areas, despite the fact buildings. Initiatives from the Malaysian government
that their use has been prohibited in schools and in banning ACMs in construction development
hospitals/clinics beginning in 1999 and in all govern- display a serious commitment to public health.
ment building projects since 2005. While a ban is However, the material remains available in public
necessary to adequately control future exposures, markets, especially in suburban and rural areas. In
interim measures may be taken to protect the public further, the specific concern on the public health and
health while working toward a ban. These include the the workers needs to emphasize on the tight definition
urgency of a nationwide asbestos building survey to of control use of asbestos for various types of
determine the profile and status of ACM in existing maintenance work.
construction. Hence, the following measures should Managing the risk of asbestos will not be a
be taken while working toward a ban: straightforward chore due to the long latency period
1. Cooperation among related government agencies: of ARDs and the cooperation required across
various Malaysian government agencies are
government agencies in order to develop comprehen-
involved in OSH, including DOSH, Ministry of
Human Resources, Department of Public Health sive regulatory frameworks.
(DPH), Ministry of Health, National Institute of It is time for a total ban of asbestos in Malaysia.
Occupational Safety and Health (NIOSH), and This call is not new and has been reiterated by
Ministry of International Trade and Industry various stakeholders for many years. A total ban on
(MITI). These agencies should respond to the asbestos will not entail a high cost to Malaysia. It has
earlier efforts from the Department of Works,
Ministry of Works. There is a need for collabora-
already substantially reduced the import of asbestos,
tive efforts across several policy domains, including and use of ACMs in government building construc-
public health, industry, commerce and trade, and tion has been gradually phased out. The medical cost
environment.51 and treatment of the workers would burden the
2. Taxation on chrysotile: The tax free import of country in the long run. This study provides a
chrysotile by manufacturers who produce asbestos framework for a total ban on asbestos in Malaysia
roofing results in cheaper but hazardous building
products in Malaysia. These products are used for that has taken too long at the expense of the health of
low-cost housing, placing those in the lower-income the Malaysian workforce and the public.
groups at a greater risk. The introduction of a tax on
chrysotile would help in discouraging the use of Discloure
asbestos-based products and encourage the use of The authors declare no conflicts of interest.
asbestos-free substitutes until a total ban of asbestos
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