handout1 hsw legislation in sl

8/11/2019 Handout1 HSW Legislation in SL

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Health Safety & Welfare QS & BEHand Out 01

Health, Safety & Welfare Legislationin Sri Lanka

BY T. M .RAMZAN RAFEEK


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Health, Safety & Welfare Legislationin Sri Lanka

History

First piece of legislation on health, safety and welfare at wor, the Ordinance of Safety &Health o!11 of 1"#$, enacted in order to i!pro"e worers health who engaged in plantation ind#stry#nder the British r#le. Malaria, $hloria and other epide!ic diseases were %#ite a&o#nded in the hillco#ntry, where the plantations were thri"ing at that ti!e. TheMedical Wants Ordinance in 1872specified the provisions which had to be made by employers of the estate labour, to implement theOrdinance of 1865.

At the sa!e ti!e !ining ind#stry was also flo#rishing in the co#ntry nota&ly the graphite !ines.'n order to pro"ide necessary pro"isions to protect the Royal properties in factories and !ines the%ines & %achinery rotection Ordinance of 1"'#( )actories o* + of 1"'# was r#led o#t &y theBritishers. Then Worken-s .o/ensation Ordinance o!1' of 1' was enforced to pro"ide forthe (ay!ent of co!pensation to )or!en who are in*#red in the co#rse of their e!ploy!ent

After the Mines + Machinery (rotection rdinance, it was o&ser"ed that this legislation wasinade%#ate. Therefore a co!!ittee was appointed to re"ise -+ legislation in /012. The $o!!itteereco!!ended to repeal the e3isting rdinance and proposed a !ore co!prehensi"e law, as ares#lt )actories Ordinance o! $ of 1'+ was passed. 'n /045 Factories 6i"ision was set #p #nderthe 6epart!ent of 7a&o#r. Now the 'nd#strial -afety 6i"ision is f#nctioning #nder .oissioner of2ndustrial Safety!)actories Ordinance o!$ of 1'+ and su3se4uent aendents are the ainhealth, safety and 5elfare legislation effecti6e in the country! 7arge n#!&er of engineers fro!8o"ern!ent and pri"ate sector were appointed for inspection of !achinery and plants.

't was disc#ssed that the a"aila&le legislation co"er only 159 of worforce, only the factoryworers. As a res#lt the Ministry of 7a&o#r Relations and Man (ower has initiated and decided to

#pgrade +- laws to co"er all worplaces and all worers. A fra!e wor for a new legislat#re, -afety,ealth + )elfare at )or was drafted &y /002 and the draft was #nder disc#ssion for co#ple of years.'n /000, 'nteri! report and draft legislation on Occu/ational health, safety and 5elfare wasprepared with the cons#ltation of 2nternational La3our Organi7ation 82LO9. 'n :554, new legislationwas drafted and forwarded to tripartite co!!ittee. 't was finali;ed and sent to Attorney 8enerals6epart!ent and e3pected to pass the Safety, Health & Welfare at Work :ctfro! (arlia!ent of -ri7ana in f#t#re.

The following !ain a!end!ents were done to the )actories Ordinance o!$ of 1'+ #p to date/. Factories /:. Factories 41. Factories


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)actories Ordinance o!$ of 1'+

O6er6ie5

This ordinance has clearly defined the ter!s Factory and B#ilding and other constr#ction wor, inorder to apply and enforce the legal pro"isions !ade for !aintain and enhance the ealth and -afety

applications.

;efinition of )actory

-#&*ect to the pro"isions of this section, the e3pression factory !eans any pre!ises in which, orwithin the close or c#rtilage or precincts of which persons are e!ployed in !an#al la&o#r in anyprocess for or incidental to any of the following p#rposes, na!elyC

@. the !aing of any article or part of any articleD or0. the altering, repairing, orna!enting, finishing, cleaning, or washing, or the &reaing #p or

de!olition of any articleD or/5. the adapting for sale of any articleD or//. the sla#ghter of cattle, sheep, swine, goats, horses, asses or !#lesD or the confine!ent of the

aforesaid ani!als while awaiting sla#ghter at other pre!isesD &eing pre!ises in which, orwithin the close or c#rtilage or precincts of which, the wor is carried on &y way of trade or forp#rposes of gain and to or o"er which the e!ployer of the person e!ployed therein has theright of access or controlD and etc..

;efinition of Building and Other .onstruction Work Section "

ca6ation, /ainting, decorating, gla7ing, /ointing ande>ternal cleaning of the structure9, the deolition or disantling of a 3uilding or other structure,the /re/aration for, and laying the foundation of, an intended 3uilding or other structure and allo/erations in connection there5ith? the constr#ction of any railway line or siding and the

constr#ction, str#ct#ral alteration or repair


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. -#&*ect to s#&section


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constr#ctions &y "irt#e of the foregoing pro"isions of this section shall not 3e e>cluded 3yreasonof the fact that they are #ndertaen on pre!ises to which this Ordinance a//liesa/art fro those /ro6isionsD and nothing in this section shall &e taen as pre*#dicing theapplication of this rdinance to those pre!ises apart fro! this section.

rocedures

:ccident otifications ( Section #1


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;angerous Occurrences( Section #+;angerous occurrences notification regulations(1'#$

6angero#s occ#rrences s#ch as e3plosion, fire, collapse of ildings, accident to plant and!achinery, etc., shall forthwith &e notified to the 6F'E.

2n6estigation into case of death 3y accident or 2ndustrial diseases ( Section #

)here it appears to an in%#irer holding an in"estigation under the .riinal rocedure .ode intothe cause of the death of any /ersonthat the death of that person !ay ha"e &een ca#sed &y anyaccident or disease of which notice is re%#ired &y this rdinance to &e gi"en, the in%#irer shall ad*o#rnthe in"estigation #nless a Factory 'nspecting Engineer or so!e person on &ehalf of the $o!!issioneris present to watch the proceedings, and shall, at least fo#r days &efore holding the ad*o#rnedin"estigation, send to the 6istrict Factory 'nspecting Engineer for the district notice in writing of theti!e and place of holding the ad*o#rned in"estigationC (ro"ided that

(a) the in%#irer, &efore the ad*o#rn!ent, !ay tae e"idence to identify the &ody, and !ay order theinter!ent thereofD and

(b) if the in"estigation relates to the death of not !ore than one person, and the in%#irer has sent tothe Factory 'nspecting Engineer notice of the ti!e and place of holding the in"estigation at s#ch ti!eas to reach the Factory 'nspecting Engineer not less than twentyfo#r ho#rs &efore the ti!e of holdingthe in"estigation, it shall not &e i!perati"e on hi! to ad*o#rn the in"estigation in p#rs#ance of thissection if he thins it #nnecessary so to ad*o#rn.

2nsurer to furnish inforation to the .hief )actory 2ns/ecting Engineer( Section ##:

)here any clai! for ins#rance co!pensation in respect of an accident, dangero#s occ#rrence or anind#strial disease referred to in sections >/, >: and >1 of this rdinance is !ade to an ins#rer

a#thori;ed &y or #nder any law to carry on ins#rance siness in -ri 7ana, s#ch ins#rer shall f#rnish tothe $hief Factory 'nspecting Engineer, s#ch partic#lars relating to s#ch accident, dangero#socc#rrence or ind#strial disease as !ay &e re%#ired of hi! &y the $hief Factory 'nspecting Engineer.

Enforceent

://ointent of 2ns/ectors( section 100

There !ay &e appointed for the p#rposes of this rdinance C


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o5ers of 2ns/ectors( Section 101

The $o!!issioner, the $hief Factory 'nspecting Engineer, the 6ep#ty $hief Factory 'nspectingEngineer, a -pecialist Factory 'nspecting Engineer, a -pecialist 'nspecting Medical fficer, a 6istrictFactory 'nspecting Engineer, a Factory 'nspecting Engineer, an 'nspecting Medical fficer, and any%#alified engineer or !edical practitioner who is in the ser"ice of the 8o"ern!ent and is a#thori;ed in

this &ehalf &y the $o!!issioner shall, for the p#rpose of the e3ec#tion of this rdinance, ha"e powerto do all or any of the following things, that is to sayC

handout1 hsw legislation in sl

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