the role of occupational health & safety

Clayton Osbourne - Operational Risk Management Specialist 1

THE ROLE OF OCCUPATIONAL HEALTH & SAFETY

HOW DOES HOW DOES OCCUPATIONAL HEALTH OCCUPATIONAL HEALTH & SAFETY (OSH) IMPACT & SAFETY (OSH) IMPACT

OUR SOCIETIES & OUR SOCIETIES & BUSINESSES.BUSINESSES.

A look at the new OSH LawA look at the new OSH LawPresented By: Clayton Osbourne

Operational Risk Management Specialist

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LIFE & THE MANAGEMENT OF RISKLIFE & THE MANAGEMENT OF RISK

Only two things are certain in LifeOnly two things are certain in Life

Clayton Osbourne - Operational Risk Management Specialist

Death and ChangeDeath and Change

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If birth is the beginning and death is the endIf birth is the beginning and death is the end


Then change is what occurs Then change is what occurs between birth & death between birth & death

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Hence life = change. Hence life = change.

Hence change is constant Hence change is constant

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There is always risk when we have changeThere is always risk when we have change


The greater the change the greater the risk. The greater the change the greater the risk.

And change is constant so risk is constant. And change is constant so risk is constant.

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But change fosters development!But change fosters development!


The more rapid the change -The more rapid the change -the faster the developmentthe faster the development

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Change that is unregulated leads to chaosChange that is unregulated leads to chaos


But over regulation stifles growthBut over regulation stifles growth

So what do we do?So what do we do?

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We manage risks and therefore change.We manage risks and therefore change.


How? How?

Risk Risk ManagementManagement

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Risk ManagementRisk Management


Operational risk Operational risk managementmanagement

Financial risk Financial risk managementmanagement

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Operational Risk ManagementOperational Risk Management


Health & SafetyHealth & Safety

Environmental managementEnvironmental management

Quality / Process AssuranceQuality / Process Assurance

Innovation / Creative ManagementInnovation / Creative Management

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WHY OCCUPATIONAL SAFETY AND HEALTH ?WHY OCCUPATIONAL SAFETY AND HEALTH ?

It is intrinsic to us and is common sense .It is intrinsic to us and is common sense .


Promotes change of mindsets and attitudes.Promotes change of mindsets and attitudes.

Creates organized and disciplined mindsCreates organized and disciplined minds

Creates risk aware and control culture.Creates risk aware and control culture.

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Under the common law the primary duty of employers is to protect all workers from occupational accidents and illnesses.


1.1. It is our duty under the lawIt is our duty under the law


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The Occupational Safety and Health Act is a piece of legislation set up for the protection of workers in the working environment


2.2. Duty under Legislation Duty under Legislation


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Management has a responsibility on par with other managerial tasks such as setting production targets, ensuring the quality of products or providing customer service to provide safe workplaces.

3. A Management Task 3. A Management Task



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TO PROVIDE A SAFE AND HEALTHY WORKING ENVIRONMENT FREE FROM ILL HEALTH AND ACCIDENTS

4. BECAUSE WE CARE4. BECAUSE WE CARE

What I do for a living shouldn’t kill meWhat I do for a living shouldn’t kill me

WHY OCCUPATIONAL SAFETY AND HEALTH?WHY OCCUPATIONAL SAFETY AND HEALTH?


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occupational safety and health is now being used as a bargaining chip in international trade/labour negotiations

5. 5. International NegotiationsInternational Negotiations



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OCCUPATIONAL SAFETY AND HEALTH SYSTEMS IMPACTS POSITIVELY ON PRODUCTION AND PRODUCTIVITY



6.6. POSITIVELY IMPACTS PRODUCTIVITYPOSITIVELY IMPACTS PRODUCTIVITY

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PROTECTION OF THE WORKFORCEPROTECTION OF THE WORKFORCE

ACCID

ENT

PREV

ENTI

ON

ACCID

ENT

PREV

ENTI

ON

PRODUCTIVITY AND EFFICIENCY

PRODUCTIVITY AND EFFICIENCY

Unions/ Workers

Gov

ernm

ent

Employers

Employers

FOUNDATION OF THE OCCUPATIONAL SAFETY AND HEALTH


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Low regard for safety

High regard for safety

High production inputs

low production inputs

Mediocre productivity High productivity

Mediocre productivity

The nexus between OSH practices The nexus between OSH practices and productivityand productivity

Low productivity


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Health and safety standards provides make our business globally competitive

THE OSH LAW SETS STANDARDS



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APPLICATION OF OSH ACTS

OSH ACTS APPLY TO ALL BRANCHES OF ECONOMIC ACTIVITY AND TO ALL OWNERS, EMPLOYERS AND WORKERS IN ALL SUCH BRANCHES


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MAIN FEATURES OF THE OSH BILL

•SAFETY AND HEALTH COMMITTEE

SAFETY AND HEALTH LEGISLATION

•JOINT RESPONSIBILITY SYSTEM

•DUTIES OF EMPLOYERS

•DUTIES OF EMPLOYEES

•RIGHTS OF WORKERS

•MINISTERIAL ORDER

•ENFORCEMENT


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• Notification of accidents, dangerous occurrences and occupational illnesses.

JOSHA

Also makes general provisions for :-

•Penalties for breaches of sections of the Act and regulations

• Power of Safety inspector to issue stop orders and improvement notices


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must involve everyone from the chief executive officer of the company to the shop floor sweeper

JOINT WORKPLACE RESPONSIBILITY SYSTEM


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DUTIES OF OWNERS AND MANAGERS DUTIES OF OWNERS AND MANAGERS


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To preserve the rights of workers to seek redress for injuries they receive while in employment, the OSH legislation imposes specific duties on owners/managers

DUTIES OF OWNERS AND MANAGERS DUTIES OF OWNERS AND MANAGERS


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DUTIES OF EMPLOYERSDUTIES OF EMPLOYERS

•Take every reasonable precaution to protect the worker by providing such equipment or device that may be necessary for the protection of the worker at work


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• to Inform the worker of the requirements for OSH by preparing a written occupational Safety and Health Policy and display it in a conspicuous location in the workplace



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• to provide special protection for pregnant women in the workplace



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•Ensure that the physical structure of the workplace is sound with respect to the work performed there.


•Ensure that work in the workplace is carried out in an environmentally safe manner


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•Assist and cooperate with joint safety and health committees and representatives.

•Not employ underage workers or knowingly permit underage persons in or near the workplace


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•Provide information, instruction, supervision, assistance, and training to the workers in support of the occupational safety and health programme



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Keep such records relating to

•The handling and storage of chemicals or other substances in use at the workplace

•The exposure of workers to chemicals and other substances at the workplace



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•Although the Act also prescribes duties for workers the overriding emphasis is on the duties of employers this is so because employers have control over the work environment and the duty and empowerment to manager and control the work environment in safe and healthy manner.

DUTIES OF EMPLOYEESDUTIES OF EMPLOYEES


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•To act in due regard to safety health policy of the organization

DUTIES OF EMPLOYEESDUTIES OF EMPLOYEES

•Conform with the requirements of the Act and its Regulations

•Operate in a safe and healthy manner so as not to prejudice the safety and health of others or him self or cause damage to tools and materials


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•Under the ACT supervisors, OSH representatives are required to be certified by the Director of OSH to be competent persons to supervise or direct safety and health programmes in the workplace

CERTIFIED OSH PRACTITIONER CERTIFIED OSH PRACTITIONER


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•Legislation specific rights are not prescribed for owners however it is implicit that owners/managers can make safety and health rules and prescribe penalties for breaches at the workplace

THE RIGHTS OF MANAGEMENTTHE RIGHTS OF MANAGEMENT


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•Legislation workers have been assigned rights to assist with protecting their safety and health at the work place

THE RIGHTS OF WORKERS THE RIGHTS OF WORKERS


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Workers have the right to be part of the process of identifying and resolving workplace safety and health concerns.


•THE RIGHT TO PARTICIPATE


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Workers have the right to know about potential hazards to which they may be exposed. This means the right to be trained and to have information on machinery, equipment, working conditions, processes and hazardous chemicals.


•THE RIGHT TO KNOW


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THE RIGHT TO REFUSE UNSAFE WORK


Workers have the right to refuse work that they believe is dangerous to either their own safety and health or that of another worker.


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However there is an exact process for refusing dangerous work and the responsibilities of the employer in responding to such a refusal.

THE RIGHT TO REFUSE UNSAFE WORK



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Workers have the right to be free of reprisals, real or threatened, when acting in compliance with this Act or the regulations or seeking the enforcement of this Act or the regulations, for example by contacting an inspector or giving evidence in a proceeding relative to this Act or the regulation.

THE RIGHT TO BE FREE OF REPRISALS



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The ACT prescribes the appointment of inspectors under the act to carryout inspections and ensure compliance with the law.

OSH INSPECTORS OSH INSPECTORS


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A Safety and Health Officer assigned to the Ministry of Labour may conduct workplace inspection unannounced, and, expect under special circumstances, there is no obligation to giving an employer prior notice.

OSH INSPECTORS OSH INSPECTORS


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DUTIES OF INSPECTORS DUTIES OF INSPECTORS

To ensure compliance

To ensue the joint workplace system is workingTo respond to specific complaints

To provide advice and guidance


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where there are violations of the Act or the regulations, the inspector will issue written orders to the employer to comply with the law within a certain period of time, or if the hazard is imminent, to comply immediately.



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The order will be to either prohibit or restrict the presence, use or intended use of a hazardous chemical, physical agent or biological agent in the workplace

INSPECTORS ORDER INSPECTORS ORDER


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•A copy of the order or report must be posted in the workplace where it is most likely to be seen by the workers

INSPECTORS ORDER INSPECTORS ORDER


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The inspector is authorized to enter, at reasonable times, any site, location, or facility where work is taking place for the purpose of investigation or inspection



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the Director of OSH may direct that where special test and examination of the workplace is required that it may be done at the owner/manager expenses

AUTHORITY OF THE OSH AUTHORITY OF THE OSH DIRECTORSHIPDIRECTORSHIP


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Require that a workplace or parts of it not be used pending investigation, enquiry or or inspection



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Require any equipment, machinery or device be put out of use pending the carrying out of test and examination by technical examiners.



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•Chemical inventory

•Preparation and maintenance of MSDS

•Labeling of hazardous chemicals

•Training for the safe use and handling of hazardous chemicals

HAZARDOUS CHEMICALSHAZARDOUS CHEMICALS


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Any worker, manager, or owner who is aggrieved by the actions of the Director of Inspectors or an order by the inspector may appeal this grievance to the tribunal setup under the ACT.

APPEALS PROCESSAPPEALS PROCESS


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OFFENCES AND PENALTIESOFFENCES AND PENALTIES

The ministry may prosecute any person and or organization for a violation of the Act or the Regulations or for failing to comply with an order of an inspector.


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OFFENCES AND PENALTIESOFFENCES AND PENALTIES

Any person who interferes with or obstruct an inspector, joint committee, or safety and health representative in the execution of his/her duties is guilty of an offence.


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•organizational auditsorganizational audits – is your organization ready for the new push in health and safety.

WHAT NEXT?WHAT NEXT?


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•the education, training and certification of safety professionals and workforce

WHAT NEXT?WHAT NEXT?

•The implementation of the joint workplace system in workplaces.

•The design and implementation of safety management systems


Labour -Management Cooperation

Labour - Management Cooperation in Progressive organizations for safety and health programmes

60 Clayton Osbourne - Operational Risk Management Specialist

Labour - Management Cooperation

Joint OSH Committee Consists of Labour and Management

representatives Decisions to be enforced through

management Committee must be allowed time to address

OSH concerns To be given budgetary support

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Areas of Cooperation



current Issues in safety and health Concerns HIV/AIDS Carcinomas Respiratory illnesses Chemical exposure EMF & CTD Safety and health in non-traditional

areas such as offices

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Labour Codes Environmental concerns ILO Declarations

Child Labour Forced Labour

Safety laws and Legislation OSH Act and Regulations

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National and International Issues



Inspection and Monitoring Plant or Site Inspections and

Audits Legislated requirements Professional standards Collective Agreements Hazard Monitoring Safety Standards

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Disaster Management Accident Investigations Emergency Evacuation Procedures Hurricane and Earthquake Preparation Fire Prevention Environmental Accidents &

Management Emergency Response Mechanisms

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Wellness Programmes Exercise Sports Diet and Nutrition Health Education Injury Recovery and

Rehabilitation

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The End


Email: [email protected] [email protected] Telephone: 855-0253

the role of occupational health & safety

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