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Frequently Asked Questions |
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When should we register
our foreign worker(s) for medical
examination?
ANSWER
The guidelines by the Immigration Department
stipulate that employers must take appropriate steps to renew the work permits of
their workers 3 months before their expiry.
We would advise employers to place importance on this annual
medical examination to avoid unnecessary inconvenience due to
last minute registration. We also wish to caution employers that
they may be subject to compound/fine by Immigration Department
for late renewal.
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| 02 |
Why
is there a quota imposed on each doctor of the
panel?
ANSWER
The quota system was imposed by the Ministry
of Health (MOH) to ensure a fair and equitable distribution of the number of foreign
workers to be examined under the health-screening program amongst doctors
registered with
Fomema.
Each doctor is allowed to examine
up to 500 foreign
workers annually as directed by MOH.
However, the MOH grants approval for exceeding the
quota for exceptional cases,
where there are insufficient doctors in the locality especially in remote areas, taking
into consideration the number of registered doctors with
Fomema and the number
of foreign workers in the area. The MOH provides clear guidelines for the
approval of such requests for an increase in quota to ensure that the employers in the
affected areas are not inconvenienced.
Fomema implements the MOH's directive.
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| 03 |
Why
can't we choose the same doctor as in the
previous year?
ANSWER
The reasons could be that:
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the chosen doctor may have achieved the stipulated quota
for the year; |
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the chosen doctor may not be
in service with Fomema temporary; or |
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the doctor is no longer in practice. |
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| 04 |
Can Fomema direct or instruct
which doctor we should choose?
ANSWER
No. It is the responsibility of employers to choose
the doctor for their
foreign workers' for medical examination. To facilitate
the selection by employers, detailed listings of the
panel of registered doctors are publicly displayed at all
Fomema branches or at
http://www.fomema.com.my/html/docavail.php. We
stress that,
Fomema and its staff are not responsible for the selection.
Disciplinary actions have been taken against those found doing so. |
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| 05 |
Can we change the
selected clinic?
ANSWER
If an employer provides a valid reason,
Fomema can
change the selected clinic. Otherwise an administrative fee of RM20 is levied
for each change. The fee is a deterrent measure introduced to curb the abuse of
our system. It also enhances the
integrity and quality of medical examination and minimizes disruption to counter
services.
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| 06 |
Why are reputable
private hospitals not allowed to
participate?
ANSWER
The decision to disallow private hospitals to
carry out foreign workers' medical examination is a directive from the MOH.
However, the MOH permits any registered doctor of a private hospital to carry out
medical examination on foreign workers who are employed by the staff of that hospital.
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| 07 |
Why
can't Fomema transmit the results immediately
after we have paid the registration fees at
Fomema branches?
ANSWER
At that point in time, there are
no results to transmit. Foreign workers must undergo the required
medical examination at the chosen doctor's clinic and x-ray centre before the
doctor can submit the results to
Fomema. We advise employers to start the process of medical
examination early to avoid unforeseen circumstances or delay.
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| 08 |
Why do Fomema registered doctors and
X-ray centres insist on us presenting the
original passport?
ANSWER
It is crucial for the purpose of verification of
the identity
of the foreign workers under this mandatory health-screening program. Fomema has
detected attempts by irresponsible parties/employers using substitutes to
undergo medical examination on behalf of unhealthy workers.
It is our standard operating
procedure that doctors must not carry out the medical examination unless the
identity of the foreign worker is ascertained.
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| 09 |
Can we use Fomema medical card or
Immigration Card or our company's employee
identification card for this
purpose?
ANSWER
Only the original passport is the legal
document for the purpose of identification under this mandatory annual
health-screening program.
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| 10 |
Can we use the photocopy of the
original passport for verification of
identity?
ANSWER
No, it is not valid for
the purpose of this crucial procedure of verification of identity.
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| 11 |
We are disappointed that your panel of
doctors cannot expedite the medical examination
and can only carry out a limited number of
examinations.
ANSWER
We wish to explain that a doctor is
physically only
capable of carrying out a limited number of medical examinations per day. As a
guide, a through medical examination based on our
standard format
of medical examination takes about 15 minutes to complete.
Therefore, we advise employers to make an appointment
with the doctor concerned to schedule the medical examination of their workers if they intend
to bring a large number of workers.
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| 12 |
Our foreign
worker's medical status at Fomema is shown as
unsuitable while our doctor has personally
confirmed to us that he has certified our worker
as suitable. What is the
explanation?
ANSWER
This
can happen when either the x-ray findings or the laboratory's test results or both have
shown
abnormalities and these concerned have transmitted their findings accordingly. Despite the
findings of abnormalities by X-ray clinic or laboratory, your chosen doctor had
certified your worker SUITABLE. In such a situation of inconsistencies, our system
of monitoring automatically detects them and upon our investigation (and based on
criteria set by the MOH), the worker's status will be amended to UNSUITABLE. An
example would be where the laboratory test detected the presence of hepatitis B
antigen but the doctor chooses to transmit
the certification as SUITABLE. This is the essence of the health-screening program
under our system, to detect and prevent inconsistencies or likely abuses.
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| 13 |
Can Fomema change the status of our foreign workers to
unsuitable?
ANSWER
Yes, if we have subsequent evidence that the
worker has not met the criteria of SUITABLE certification even though the examining
doctor had initially certified the foreign worker as suitable. This mainly
arises from our auditing of the X-ray films by our X-ray Quality Control Centre,
where the X-ray film was initially misread as 'normal'. In such a situation,
Fomema
will inform the employer, the doctor and the Immigration Department accordingly
that the foreign worker's status has been amended to UNSUITABLE.
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| 14 |
Why does Fomema certify my
workers unsuitable when our specialist doctor,
after repeating the examinations, confirms that
my workers are fit to work?
ANSWER
The medical examination under
Fomema is a
screening program and not definitely diagnostic in nature. The criteria used for certification
of foreign workers' health status are determined by the MOH and
Fomema adheres
strictly to them.
Doctors who are not as Fomema
panel for the foreign workers' health-screening program may not have the
criteria for certification for SUITABILITY
FOR EMPLOYMENT IN THE COUNTRY. A doctor may have the opinion that the
worker is fit to work at the time of medical examination despite having detected
the likelihood of a communicable disease. Common examples are medical results of
workers having indication of tuberculosis (PTB) or old tuberculosis (OTB) which
may re-activate anytime after the medical examination. In such cases, the benefit
of the doubt is given to the country and not the foreign worker. As such, under the
criteria set by the MOH, the worker will be certified as UNSUITABLE FOR
EMPLOYMENT where there is an indication of communicable diseases even though
the diseases are not active at the time of medical examination.
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| 15 |
Can we also
select the X-ray clinic of our
choice?
ANSWER
When the employers choose the registered
doctor, the X-ray facility has already been pre-assigned to that
doctor as indicated in the
Fomema 4-ply Foreign Worker Information form. The X-ray
clinics are assigned to the doctors when they register with
Fomema, based on criteria set
by the MOH taking into account the independence of operation and the integrity necessary under this annual
mandatory health-screening program.
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| 16 |
When
will the medical status of my foreign workers be
available at the Immigration
Department?
ANSWER
Under
normal circumstances,
Fomema
will be able to transmit the certification of the medical status to the Immigration Department
Headquarters within 10 workings days from the date of examination by the doctor of your
workers. (Please note that it is not from the date of registration with
Fomema) .
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| 17 |
Why is our
workers' status not available at the Immigration
Department when Fomema has confirmed to
us that it (Fomema) has transmitted
the medical status?ANSWER
Fomema is required to
transmit the medical status of foreign workers only to the Immigration
Department Headquarters' database. The medical status is then re-transmitted from
the Immigration Department Headquarters to the respective state Immigration
Departments. Therefore, a time lapse of some duration may arise when connectivity is affected
between the state level Immigration Department and the Headquarters.
In such situations, you can always seek
Fomema's assistance.
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| 18 |
We were told that our
workers' medical status are no longer with the
Immigration Department; please
explain.
ANSWER
The medical status of foreign workers are only available
for 3 months at the Immigration Department from the date of medical examination.
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| 19 |
We think the medical
examination fee of RM180 and RM190 for male and
female respectively is high.
ANSWER
The fee was determined by the Government in
1997 based on the requirements and standard format of
medical examination as stipulated by
the MOH. The fees have not changed
since the inception of
Fomema in 1997 and
it is lower
than the recommended fee by the Malaysian Medical Association for similar
medical examination.
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| 20 |
Why must foreign workers undergo
medical examinations annually?
ANSWER
The frequency of the medical examination under the
mandatory screening program has been determined by the MOH. Furthermore, medical
examination in principle is only valid for a limited period of time.
Certain diseases may be in remission or inactive during the previous
examination. These may relapse or reactivate subsequently. Also, some diseases
may be freshly acquired.
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| 21 |
Why
must we go through Fomema?
ANSWER
The Government has accepted and recognised
Fomema as an
independent agency to monitor and supervise the medical examination for this
mandatory health-screening program. The system of monitoring and surveillance is
tailored to ensure the quality and integrity of the medical examination and to prevent
likely abuses
by agents, employers, doctors and others in the medical examination of foreign workers. In addition, the Government is able
to access timely, centralised and nationwide information on the foreign workers'
health status for appropriate actions. It is a centralised process to facilitate
and coordinate the renewal of work permits nationwide.
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New Appeal
Process Effective 16th Feb
2009 |
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| 22 |
Who can
submit an appeal regarding a foreign worker’s
medical status ?
ANSWER
Only the employer can submit an appeal through the examining doctor.
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| 23 |
To whom
should the appeal be submitted
to?
ANSWER
Currently all appeals from employers are handled directly by Pantai Fomema. This will be changed soon to allow an employer to submit his/her appeal to the doctor who conducted the medical examination on the foreign worker.
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| 24 |
Why was
the appeal process
changed?
ANSWER
The appeal process has been changed to allow employers to submit their appeal to the examining doctor, on the basis that the examining doctor will be familiar with the case and thus will be in the best position to decide whether to accept or reject the appeal.
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| 25 |
When
will the new appeal process be
implemented?
ANSWER
This new appeal process will be implemented firstly in Malacca starting from 16.2.2009. Subsequently it would be implemented nationwide effective 16.3. 2009.
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| 26 |
My
foreign worker has been found medically
unsuitable. How long do I have to submit an
appeal?
ANSWER
The appeal should be submitted in writing to the examining doctor within two weeks of the certification date or date of amendment of the status of the foreign worker
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| 27 |
How
long does the appeal process
take?
ANSWER
The appeal process may take up to four weeks from the time of submission of appeal. If the employer does not submit the required investigations within four weeks of the submission of the appeal, the case will be closed.
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| 28 |
Is
there any additional cost to submit and process
the appeal?
ANSWER
This will depend on the circumstances of each case as decided by the examining doctor. The examining doctor may require the foreign worker to re-take the X-Ray, carry out laboratory tests or undergo a specialist assessment as required by the Ministry of Health. All costs relating to the appeal will be borne by the employer.
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