16th Jan 2023

VIA ELECTRONIC MAIL

For All KPOC Staff and Contractor

Re: Changes of Noise Exposure Level and Personal Hearing Protection Requirement

Dear Our Esteem Team and Contractors:

KPOC management would like to chSafety and Health (Noise Exposure) Regulations 2019 and
Industry Practice for Occupational Noise Exposure Management and Hearing Conservation
2019.

This Industry Code of Practice (ICOP) for Management of Occupational Noise Exposure and
Hearing Conservation 2019 is promulgated under Section 37 of Occupational Safety and Health
Act 1994 [Act 514] as a guidance to comply with the provisions of Occupational Safety and
Health (Noise Exposure) Regulations 2019 [P.U. (A) 60/2019] which have been gazette on 1
March 2019, hereinafter is referred to as “the Regulations”. The Regulations is to replace
Factories and Machinery (Noise Exposure) Regulations 1989 [P.U. (A) 1/1989]. In Malaysia, the
most occupational disease reported is occupational noise-related hearing disorders (ONRHD).
The reported cases might due to an increase of awareness among employees or employers to
report cases of diseases, and it also indicates that the cases of occupational diseases are
increasing. The effect of ONRHD is cumulative, permanent and irreversible. Additionally,
implication on financial aspect will be borne by the employees, their families, the employers and
the Government. Therefore, the Department of Occupational Safety and Health (DOSH) has
amended the noise exposure limit and imposed a new standard to control the exposure of
excessive noise to the employees at the place of work, together with more structured and
workable arrangements through the Regulations and this ICOP.
With respect to the specific requirement on the Hearing Conservation Management Program
Hearing loss due to occupational noise is one of the occupational diseases that must be
reported to DOSH by employers and occupational health doctors under Occupational
Safety and Health (Noise Exposure) Regulations 2019.

“The government takes occupational diseases seriously because it has negative

implications on the economic and social aspects that must be borne by the workers,
families of the patients, employers and the country,”

[INSERT & MODIFY TEMPLATE RESPONSE – see following pages for options]

Page 1 of 5 April 13, 2020

[Company name] has closely monitored the COVID-19 outbreak in the United States and has
taken every possible precaution to protect its employees and limit their potential exposure to the
virus.

Should you have any further questions regarding this letter or our approach to COVID-19, please
do not hesitate to contact me.

Sincerely,

_________________
[Signatory name and title]

Page 2 of 5 April 13, 2020

 RESPONSE OPTIONS TO PICK BASED ON COMPLAINT

[Choose from potential responses to respond to specific issues addressed in OSHA letter your
organization received]:

Employee concerns about reuse and rationing of N95 respirators.

The complaint alleges that the facility is inappropriately reusing and rationing PPE and,
specifically N95 respirators. As the COVID-19 outbreak has spread, issues of availability of
certain PPE have arisen. The CDC has provided guidance to healthcare employers regarding the
reuse and rationing of PPE, which [Company name] has closely followed. We have special
protocols for PPE usage for staff caring for individuals who have tested positive for COVID-19.
Pursuant to CDC guidelines, we do allow for limited reuse and extended use of surgical masks
and N95 respirators. Staff have been provided with clear guidance and training on the safe reuse
of N95 masks. Finally, we note that on April 3, 2020, federal OSHA issued a memorandum
allowing the reuse and rationing of N95 respirators in accordance with CDC guidelines:
https://www.osha.gov/memos/2020-04-03/enforcement-guidance-respiratory-protection-and-
n95-shortage-due-coronavirus.

Testing of residents with symptoms of COVID-19.

The complaint alleges that the facility does not test residents with symptoms of COVID-19. The
CDC and our local public health department have provided guidance to healthcare employers
regarding testing of residents that present with symptoms of COVID-19. [Company name] has
strictly followed that guidance, which considers numerous risk factors and the availability of
testing kits. Regardless of testing, however, [Company name] has implemented policies and
procedures – including appropriate use of PPE – to protect employees who have to treat residents
exhibiting any symptoms of illness.

Exposing employees to residents with COVID-19.

The complaint alleges that the facility is exposing employees to residents who are confirmed
positive with COVID-19 without appropriate protection. The facility has implemented detailed
procedures for how to handle employees who may have been exposed to a resident with COVID-
19, who are experiencing symptoms, or have otherwise tested positive themselves. These
procedures are based upon CDC recommendations.

No universal N95 respirator/mask policy.

The complaint alleges that [Company name] does not have a universal N95 respirator/ mask
policy. Contrary to this allegation, [Company name] has comprehensively addressed the use of
N95 respirators and masks in the facility. Any employee that interacts with a COVID-19 positive
resident must wear an N95 respirator. With respect to the use of face masks, we have advised all
staff that they are allowed to wear surgical masks throughout the facility if they would like to do
so. We also allow staff to wear face masks from home so long as they are cleaned and
disinfected at the completion of each shift. Because of the fluid nature of the outbreak and the

Page 3 of 5 April 13, 2020

CDC recommendations regarding same, [Company name] is constantly adopting its policies
regarding the use of N95 respirators and surgical masks, in alignment with those
recommendations.

Insufficient amount of PPE.

Option 1

The complaint alleges that [Company name] does not have personal protective
equipment (“PPE”) to adequately protect employees from COVID-19. Despite
nationwide shortages, [Company name] has sufficient PPE to protect employees
responding to our residents in these difficult times. Specifically, we have adequate
supplies of N95 respirators, gloves, surgical masks, and gowns. We will continue to work
aggressively to ensure that our supplies of PPE remain sufficient to protect our
employees.

Option 2

The complaint alleges that [Company name] does not have personal protective
equipment (“PPE”) to adequately protect employees from COVID-19. As the COVID-19
outbreak has spread, issues of availability of certain PPE have arisen. Shortages of PPE
exist and our facility has experienced minor issues with respect to availability. In these
situations, we have made adjustments per CDC and OSHA guidelines. For example, the
CDC has provided guidance to healthcare employers regarding the reuse and rationing of
PPE, which [Company name] has closely followed. Even with these shortages, at no
time has any employee been directly exposed to a confirmed COVID-19 positive person
without appropriate PPE.

Insufficient training on PPE.

The complaint alleges that [Company name] does not adequately train employees on PPE.
[Company name] trains all affected employees on the use of PPE as it applies to their normal
job functions on a regular basis as part of our in-service training and education. This training
continues. In addition, the facility has implemented additional training protocols for staff given
the COVID-19 outbreak to the extent the outbreak requires staff to use PPE that they would not
normally be expected to use. This training involves the proper donning and doffing of the PPE,
use, and maintenance. The facility will continue to ensure that all employees are trained in the
preventive practices undertaken by the facility, as well as any PPE required.

Allowing employees to work who are experiencing symptoms.

The complaint alleges that [Company name] has scheduled employees to work who are
exhibiting symptoms of potentially infectious respiratory disease. [Company name] has strict
protocols in place to determine when employees can and cannot work specific to the COVID-19
outbreak, as well as when employees can return to work under various scenarios. [Company
name] prohibits any employee from working or even coming to work if they experience any of

Page 4 of 5 April 13, 2020

the following symptoms of respiratory disease or fit into a high-risk category for exposure to
COVID-19 as established by the CDC:

 Productive cough/Shortness of breath

 Fever of 100.4 degrees Fahrenheit or above
 Lives with someone who is COVID-19 positive
 Been in close contact with someone who is COVID-19 positive
 Been on a cruise or traveled internationally in the past 14 days

For employees that are unable to work, their return to work is also strictly controlled by the
facility. In the event an employee is restricted from work due to the onset of COVID-19
symptoms, they are not permitted to return to work until 7 days from symptom onset and only
after they have been symptom free without the use of medications for at least 3 days. [Company
name] continually monitors CDC guidelines in all respects with respect to work and return to
work protocols and will make adjustments to its protocols should the CDC alter its guidance.

Inadequate screening of employees, residents, and visitors.

The complaint alleges that [Company name] is not adequately screening employees, residents,
and visitors for COVID-19. In fact, [Company name] has screened everyone entering the
facility including employees, residents, and others. This screening requires the completion of a
questionnaire about whether the individual has been in contact with someone with COVID-19
and whether they are having any symptoms of COVID-19. Additionally, [Company name] is
conducting temperature checks.

Inadequate cleaning.

The complaint alleges that [Company name] is not adequately cleaning the facility given the
COVID-19 outbreak. This is untrue. [Company name] has increased its cleaning protocols,
particularly in community areas. Each community area is wiped down, including all tables and
chairs, on a regular basis. The facility follows CDC recommendations regarding appropriate
cleaners to use for COVID-19 and appropriate protective equipment for those who are
performing the cleaning, including gloves and gowns.

Page 5 of 5 April 13, 2020