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MAY , 2023 | THE HEALTH
19 transmitting any possible communicable disease . This is especially of concern in the case of airborne communicable diseases such as tuberculosis . As such , this time frame was reduced to 18 days recently .
While this decreases the amount of time a migrant worker interacts with locals and hence decreases the possibility of transmission , 18 days is still too long a period to ensure no transmission .
Hence , EMIR Research recommends exploring methods of quarantining foreign workers post-arrival with employers providing for accommodation costs until they are medically screened .
MULTIPLE ENTRY VISA
The visa received by the foreign workers is a multiple entry permit . When they return to their home countries for visitation , they can still be exposed to communicable diseases . Foreign workers are not screened after returning from their visitations – only the first time they come to Malaysia and then year two and year three and after that the alternate year afterwards , as stated before .
EMIR Research recommends devising a mechanism which prevents the spread of diseases that might be acquired during visitations ( to the home / source country ) while ensuring that the worker ’ s right to do so is protected . Those with experience in this field suggest that annual screening is an effective method to detect any disease acquired upon visiting the home / source country .
SOURCE CLINICS
Between 2016 and 2018 , around 17,520 foreign workers who passed the medical examinations in their home / source country failed the screening in Malaysia .
Potential reasons include the time gap between both screenings , wherein the worker could have acquired a disease after screening in the home / source country .
In 2019 , the Immigration Department issued an order to review and blacklist home / source country clinics that were found to have repeatedly approved foreign workers who failed the medical screening in Malaysia .
The Ministry of Health ( MoH ) does not undertake the accreditation of home-country clinics . A reliable source stated , “ the MoH is not ready to expand its responsibility to source countries as to them , it is not within their jurisdiction .”
However , the same source also claims that jurisdiction should not be a problem since home countries already allow Bestinet ( a local private company which outsources the management of recruiting foreign workers ) to operate there (“ Foreign Workers Centralised Management System
( FWCMS ) aims for global expansion ”, FWCMS , July 9 , 2019 ).
EMIR Research recommends that the MoH in collaboration and coordination with the Ministry of Human Resources ( MoHR ) and Ministry of Home Affairs ( MoHA ) take a more proactive role in source country medical screening oversight since their involvement is critical .
HARSHER PENALTIES FOR EMPLOYERS
Some employers continue to employ foreign workers regardless of their health screening status . When a foreign worker is to be repatriated , employers should obtain a Check-Out Memo ( COM ), which “ indicates that the worker has been erased out of the Immigration Department ’ s system and is no longer in Malaysia ”. However , many employers take such procedures lightly and do not obtain the COM .
From 2016 to 2018 , only 29.6 per cent ( 12,319 ) of the 41,607 foreign workers who failed the FOMEMA screening were issued a COM . There was no data on the remaining 70.3 per cent ( 29,288 ) workers . Hence , it is unclear whether the 70.3 per cent workers are still in Malaysia .
EMIR Research recommends educating employers on the security and health risks of employing foreign workers who fail the medical screenings or by not following the due process of obtaining the COM . Stricter penalties such as preventing employers from hiring foreign workers should be implemented if they violate these guidelines .
IMPORTANCE OF FOREIGN WORKERS
It is easy and common for locals to baulk at the hiring of foreign workers and also stigmatise them due to the potential threat and spectre of diseases transmitting and circulating and originating / emanating from the migrant community whilst ironically ignoring how heavily reliant the economy is on the latter . In 2019 , they made up for over 30 per cent of the workforce in the agriculture sector and over 20 per cent in both the manufacturing and construction sectors (“ The Economic Case against the Marginalisation of Migrant Workers in Malaysia ”, London School of Economics , Oct 1 , 2020 ).
An estimated 200,000 workers are needed for the oil palm sector , one of Malaysia ’ s primary sources of exports and a critical contributor to its gross domestic product ( GDP ). A one per cent increase in GDP is expected through this scheme (“ Approval for foreign labour now takes only three days , says Saifuddin ”, Free Malaysia Today , Jan 10 , 2023 ).
EMIR Research strongly urges that while the government takes extra steps to make FOMEMA ’ s medical screening more rigorous , it should also ensure no increased prejudice and discrimination towards the foreign migrant labour population . – The Health
Jason Loh and Juhi Todi are part of the research team at EMIR Research , an independent think tank focused on strategic policy recommendations based on rigorous research .
Lack of clear repatriation guidelines and oversight |
ONE main issue is managing foreign workers who have failed their medical screening . It is unclear whether there are any clear guidelines regarding the repatriation process of a foreign worker . Employers are responsible for repatriating the workers who failed the Foreign Workers Medical Examination Monitoring Agency ( FOMEMA ) screening to their home country within 30 days of being notified .
Sometimes workers run away to avoid being repatriated since they usually take loans to come to Malaysia to work . Runaway foreign workers turn into illegal foreign workers . The 30-day time frame provides workers with ample opportunities to abscond .
As such , EMIR Research
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recommends that the MoHA and FOMEMA publish a clearer guidelines regarding the repatriation process .
The 30-day period should also be decreased and workers should be quarantined until they are repatriated . Furthermore , it is imperative to make it mandatory for employers to report any run-away worker to the Royal Malaysian Police and Immigration Department so that they are blacklisted and will not be able to renew their work permit in the future .
LACK OF OVERSIGHT
Additionally , if foreign workers fail their medical screenings , revoking the Temporary Work Visit Pass or VP ( TE ) is hard since it is issued as a
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physical card . The worker can continue using the card while illegally staying in Malaysia . As such , it is recommended that alternative methods to using a physical card be used .
Being a private entity , FOMEMA does not publish any reports on its operations and does not need to be publicly audited . FOMEMA ’ s lack of transparency is worrying given it is the sole organisation appointed by the government but seemingly not required to be transparent regarding the medical screenings of foreign workers in Malaysia .
The coming influx of 500,000 foreign workers in Malaysia warrants the MoHA to impose stronger and closer oversight on FOMEMA .
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