Introduction to OHS PDF 2024

HEALTH AND SAFETY FOUNDATION OHSC111 Wonderful Mwangonde [email protected] 0881243795 2024 LEARNING OUTCOMES By the end of the course, learners should be able to: a. Explain the key concepts, principles, and regulations governing...

HEALTH AND SAFETY FOUNDATION OHSC111 Wonderful Mwangonde [email protected] 0881243795 2024 LEARNING OUTCOMES By the end of the course, learners should be able to: a. Explain the key concepts, principles, and regulations governing health and safety practices in Malawi. b. Identify and apply good standards of health and safety relevant to their specific workplace settings. c. Analyse the moral, legal, and financial implications of health and safety practices and decisions. d. Evaluate the role of society in supporting and promoting health and safety at work, including the responsibilities of government agencies, organizations, and individuals. Develop strategies to advocate for and contribute to creating safer and healthier workplaces in Malawi  INJURIES, ILLNESSES & GENERAL ACCIDENTS AT WORK Loss of life among employees Serious injuries among employees Loss of properties for businesses  INTRODUCTION TO OCCUPATIONAL HEALTH AND SAFETY The history of Health and safety and the evolution of OHS is a long and complex journey that spams centuries. During the industrial revoultion, an era of rapid change dominated by industry and machine manufacturing brought about new hazards. These includes machinery accidents, exposure to harmful substances and poor working conditions which led to increase in number of injuries, illnesses and death. Later on, people became more aware of the link between the type of work they did and the type of injuries and illnesses that they sustained. cont… During this period, the first unions began to be organised to try to protect workers from the hazards of the workplace. Factory inspections were proposed and first Acts and regulations pertaining to mining were put forth. Some safety measures were adopted for other industries such as railroads, construction, manufactering, mining to save many lives and amputations. WHAT IS OCCUPATIONAL HEALTH AND SAFETY Occupational health and safety is a discipline that deals with all aspects of health and safety in the workplace with strong focus on prevention of hazards. Health: Focuses on preventing illnesses and diseases that can be caused by workplace conditions or practices. It involves monitoring and controlling exposure to hazardous substances, ensuring ergonomic workspaces, and providing health screenings and vaccinations. Safety: Involves the prevention of accidents and injuries in the workplace. Includes implementing safety protocols, using protective equipment, maintaining machinery, and ensuring that the work environment is free from hazards. MALAWI OHS HISTORY Pre-Independence Era Before Malawi gained independence in 1964, the country was a British protectorate known as Nyasaland. During this period, OHS was not a primary focus, and the few existing regulations were mostly inherited from British colonial laws. Industrial activities were limited, and the workforce was primarily engaged in agriculture and small-scale manufacturing, with little emphasis on workplace safety and health. MALAWI OHS HISTORY Cont.. Post-Independence Developments (1964-1990s) After gaining independence, Malawi began to industrialize, although agriculture remained the backbone of the economy. The post-independence government recognized the need for structured labor laws, including aspects of occupational health and safety. However, progress was slow due to limited resources and competing national priorities. 1. Labor Laws: Included basic provisions for worker safety, but enforcement was weak. The government’s primary focus was on economic development and expanding educational opportunities. 2. Formation of the Ministry of Labor: The Ministry of Labor was established, which began to lay the groundwork for labor policies, including OHS regulations. The ministry started to address issues related to workers' safety and health, though efforts were only dealing with basic matters and often reactive rather than preventive. MALAWI OHS HISTORY Cont.. The 1990s to Early 2000s: Growing Awareness and Institutional Development During the 1990s, there was a global shift towards improving workplace safety and health standards, which influenced Malawi as well. International organizations and local advocacy groups started emphasizing the importance of OHS. 1. The Occupational Safety, Health, and Welfare Act of 1997: This Act provided a comprehensive framework for ensuring workplace safety and health. It outlined employers' responsibilities to provide safe working environments and employees' rights to work in safe conditions. 2. Establishment of Regulatory Bodies: The Directorate of Occupational Safety and Health (DOSH) was established under the Ministry of Labor. DOSH was tasked with the implementation and enforcement of OHS regulations, conducting workplace inspections, and promoting awareness of OHS issues. IMPORTANT TERMINOLOGIES Health – the protection of the bodies and minds of people from illness resulting from the materials, processes or procedures used in the workplace. Safety – the protection of people from physical injury. Welfare – the provision of facilities to maintain the health and well-being of individuals at the workplace. Welfare facilities include washing and sanitation arrangements, the provision of drinking water, heating, lighting, and accommodation for clothing, seating (when required by the work activity), eating and rest rooms. Occupational or work-related ill-health – is concerned with those illnesses or physical and mental disorders that are either caused or triggered by workplace activities. IMPORTANT TERMINOLOGIES Cont… Environmental protection – arrangements to cover those activities in the workplace which affect the environment (in the form of flora, fauna, water, air and soil) and, possibly, the health and safety of employees and others. Such activities include waste and effluent disposal and atmospheric pollution. Accident – any unplanned event that results in injury or ill health of people, or damage or loss to property, plant, materials or the environment or a loss of a business opportunity. Near miss – is any incident that could have resulted in an accident. Knowledge of near misses is very important since research has shown that, approximately, for every 10 ‘near miss’ events at a particular location in the workplace, a minor accident will occur. Hazard and risk – a hazard is the potential of a substance, activity or process to cause harm. Hazards take many forms including, for example, chemicals, electricity and working from a ladder. A risk is the likelihood of a substance, activity or process to cause harm. A risk can be reduced and the hazard controlled by good management ISSUES UNDER OHS IN MALAWI 1. Lack of Comprehensive Legislation and Enforcement. The principal Legislation in Malawi is often seen as outdated and not comprehensive enough to address modern workplace hazards effectively. Enforcement of existing laws is inconsistent due to limited resources, lack of trained inspectors, and bureaucratic inefficiencies. This results in non-compliance by many employers. 2. Limited Awareness and Education. Employers, especially in smaller businesses, often do not prioritize OHS due to a lack of knowledge about the benefits and requirements of implementing robust safety programs. 3. Resource Constraints: Many businesses, particularly small and medium-sized enterprises (SMEs), struggle with financial constraints that limit their ability to invest in safety infrastructure and training. There is a shortage of modern safety equipment and infrastructure in many workplaces, exacerbating risks for workers. ISSUES UNDER OHS IN MALAWI Cont… 4. Health and Safety Culture: There is a cultural lack of emphasis on safety and health, with a tendency to prioritize productivity over safety. Also behavioural Factors can influence Unsafe work practices and a lack of adherence to safety protocols can be common, influenced by a combination of low awareness and cultural attitudes towards risk. 5. Data Collection and Research: There is a scarcity of reliable data on workplace injuries, illnesses, and fatalities, making it difficult to assess the full extent of OHS issues and plan effective interventions. There is also limited research into specific occupational hazards and effective mitigation strategies affecting progress in improving workplace safety. VARIATIONS IN PERFORMANCE There are significant variations in occupational safety and health performance between countries, economic sectors and sizes of enterprise. 1. Countries: The incidence of workplace fatalities varies enormously between countries. There appears to be a significant difference between developed and developing countries: a factory worker in Malawi is more likely to be killed at work than a factory worker in France; fatalities among construction workers in Zambia are ten times those in UK; construction workers in Zimbabwe are six times more likely to die at work than their counterparts in Switzerland. VARIATIONS IN PERFORMANCE cont.. 2. Economic sectors: OSH performance varies significantly between economic sectors within countries. Statistical data show that, worldwide, the highest rates of occupational deaths occur in agriculture, forestry, mining and construction. Similarly, certain occupations and sectors in Malawi, such as packaging and offloading, have high rates of work-related injuries and diseases, including fatal occupational diseases. VARIATIONS IN PERFORMANCE cont.. 3. Sizes of enterprise: Generally, small workplaces have a worse safety record than large ones. It seems that the rate of fatal and serious injuries in small workplaces (defined as those with fewer than 50 employees) is twice that in large workplaces (defined as those with more than 200 employees). GROUPS AT PARTICULAR RISK 1. The special position of women workers needs attention. The gender division of labour has an impact on women’s safety and health in the workplace, which goes well beyond reproductive hazards. 2. There are many home-based workers, in both developed and developing countries. Some countries regard them as ordinary employees, subject to normal safety and health legislation. In other countries like Malawi, they are not included in legislation. 3. Part-time workers are another group who may suffer from not being covered by safety and health provisions GROUPS AT PARTICULAR RISK cont.. 4. Workers in the informal economy are much more likely than formal workers to be exposed to poor working environments, low safety and health standards, and environmental hazards, and to suffer poor health or injury as a result. 5. Many children are still involved in hazardous work. 6. The ageing of the world workforce raises many concerns, including some relating to occupational safety and health 7. Drivers are particularly at risk. International estimates suggest that between 15 and 20 per cent of fatalities caused by road accidents are suffered by people in the course of their work, but these deaths are treated as road traffic accidents rather than work-related fatalities. MORAL, LEGAL AND FINANCIAL REASONS FOR PROMOTING GOOD STANDARDS OF HEALTH AND SAFETY The first concern of most managers when they start work at a new organization is to understand the implications of their new role and to form good relationships with other members of the team. Concerns about health and safety are often not a first or even second consideration. So why bother about safety at work? There are three basic drivers/reasons for good safety management; these are 1. Moral reasons 2. Legal reasons 3. Financial reasons 1. MORAL REASONS The moral expectation is based on humanitarian ground. The moral reasons are centered on the need to protect people from injury and disease while they are at work. The moral reasons are supported by the occupational accident and disease rates. Malawi, just in 2018 - 2021, recorded so many cases of accidents and several injuries in different industries. Not only employees, but also about 30% of the public each year have been fatally injured at places of work. These injury figures show that there is clearly a very strong moral case for improvement in health and safety performance for all industries. Work-related ill-health and occupational disease can lead to absence from work and, in some cases, to death 2.LEGAL REASONS Some statistics on legal enforcement indicate the legal consequences resulting from breaches in health and safety law. There have been some very high compensation awards for health and safety cases in the Civil Courts and fines in the Criminal Courts. We have to follow state law, the Acts and Regulations derived by Malawi’s Parliament that are provided for us to set our own health and safety objectives and follow to ensure we are meeting the compliance needs of legislation and to avoid criminal and/or civil prosecutions and convictions. The employer is legally responsible for welfare, health and safety in the workplace and we use the term, “so far as is reasonably practicable” which is why we can set our own objectives otherwise known as ‘goal-setting’ safety management. As long as what we do is compliant, our workplaces should be safe places to work. LEGAL REASONS cont… Malawi Regulations and Standards Malawi has established regulations and standards aimed at ensuring health and safety in workplaces and public spaces. These regulations often cover areas such as occupational health, safety equipment requirements, hazard identification and control, and employee training. Compliance with these regulations is mandatory for organizations operating within Malawi's jurisdiction, and non-compliance can result in penalties or legal action. LEGAL REASONS cont… International Laws and Standards Malawi also adheres to international laws and standards related to health and safety, which are often adopted from organizations like the International Labour Organization (ILO) and the World Health Organization (WHO). These international standards provide guidelines and best practices for ensuring health and safety in various industries and environments. Compliance with international standards not only improves workplace safety but also enhances the country's reputation and facilitates international trade and cooperation. LEGAL REASONS cont… Organization Safety Rules and Regulations In addition to national and international regulations, organizations are required to establish their own safety rules and regulations. These rules are tailored to the specific risks and hazards present in the organization's operations and workplaces. Employees are typically trained on these rules and expected to adhere to them to maintain a safe working environment. Organizations may also implement safety committees or programs to continuously monitor and improve safety practices.  ASSIGNMENT What is "As Low As is Reasonably Practicable" in Health and Safety at Work? Not more than 300 words and not less than 250 words Font size: 12 Font: Times New Roman Spacing: 1.5 Include your name and student ID Due date: 7th July 2024 3.FINANCIAL REASONS Any accident or incidence of ill-health will cause both direct and indirect costs and incur an insured and an uninsured cost. It is important that all of these costs are taken into account when the full cost of an accident is calculated. In a study undertaken by the HSE (United Kingdom), it was shown that indirect costs or hidden costs could be 36 times greater than direct costs of an accident. In other words, the direct costs of an accident or disease represent the tip of the iceberg when compared to the overall costs annually over 27 million days are lost in the UK due to injuries and work-related ill-health. FINANCIAL REASONS cont.. THE ACCIDENT ICEBERG FINANCIAL REASONS cont.. The costs may be divided into two parts: Direct costs – These are the measurable costs arising from an accident and/or any claim for liability under the civil or criminal courts. They include sick pay, repairs or replacement of damaged equipment and buildings, etc., product loss or damage, loss of production, public and/or product liability, fines, legal fees, increases in insurance premiums, etc. Indirect costs – These are costs which may arise as a consequence of the event, but do not generally involve the payment of money. They are often largely unknown, but it is estimated that in certain circumstances they may be extremely high. They include business interruption, loss of orders, cost of time spent on investigations, loss of corporate image. FINANCIAL REASONS cont.. Events Which Cause No Damage to Property or Injury to People There are no direct costs associated with this type of event. However, near misses may incur minor indirect costs in relation to a temporary stoppage of work, with the extent of the losses depending upon the duration of the stoppage and that in itself depends upon the nature and severity of the event. FINANCIAL REASONS cont.. Events Which Cause Damage to Material, Plant or Equipment, But Do Not Injure Personnel The direct costs of this type of event include: Value of the materials wasted, Value of any finished products or work-in-progress lost as a result, Cost of replacement or repair of plant and equipment, Loss of production whilst repairs are made or replacements obtained, Increased overtime costs incurred to make up for loss of production. In addition, the following indirect costs may be incurred: Loss of time already spent on the job, Loss of goodwill from customers following from delays in production and fulfilling orders – resulting in cancellations and further loss of orders and also Penalty clauses activated for failing to meet delivery dates, resulting in lower profits from sales. FINANCIAL REASONS cont.. Events Which Cause Injury to Personnel, But Do Not Damage Property The direct costs of this type of event include: Costs of medical treatment – first aid, ambulance, out-patient treatment, in-patient treatment (bed, nursing, doctors, specialists, consultants, medication, etc.). Compensation payable to victim. Fines imposed on conviction for breach of criminal law. Loss of victims’ own productive capacity and possible knock-on effects to others, causing overall loss of production before production schedules and work allocations are rearranged. Increased overtime costs incurred to make up for loss of production. Events Which Cause Injury to Personnel, But Do Not Damage Property cont… In addition, the following indirect costs may be incurred: Loss of production time due to workers stopping to assist the victim(s) and discussing the incident. Loss of staff from productive duties in order to investigate the incident, prepare reports, undertake hospital visits, deal with relatives, attend court proceedings. Cost of training replacement(s). Difficulties in recruiting suitable replacements, and possible loss of existing staff, if health and safety record is poor. Loss of goodwill from customers following delays in production and fulfilling orders – resulting in cancellations and further loss of orders. Activation of penalty clauses for failing to meet delivery dates, resulting in lower profits from sales. MAJOR OSH INSTRUMENTS Local legislations e.g. OSHW Act 1997 International labour standards Codes of practice e.g. CoP on use of PPE, Occupational Noise etc. The provision of technical advice Dissemination of information. SOCIETY SUPPORT ON WORKPLACE HEALTH AND SAFETY Societal expectations are not static and tend to rise over time, particularly in wealthy nations like the UK, USA and China. For example, the standards of safety accepted in a motor car 50 years ago would be considered to be totally inadequate at the beginning of the 21st century. People expect safe, quiet, comfortable cars that do not break down and which retain their appearance for many thousands of miles. Industry should strive to deliver these same high standards for the health and safety of employees or service providers. The question is whether societal expectations in Malawi are as great an influence on workplace safety standards as they are on product safety standards. SOCIETY SUPPORT ON WORKPLACE HEALTH AND SAFETY cont. Society can influence standards through: 1. Advocacy and Awareness: Societal groups, including non-governmental organizations (NGOs), trade unions, and community associations, advocate for better health and safety standards in workplaces. They raise awareness about the importance of safe working conditions and lobby for policy changes to protect workers' rights. 2. Societal pressure can influence businesses and governments to prioritize health and safety in workplaces. Public scrutiny and consumer preferences often push companies to adopt safer practices and invest in employee well-being. Additionally, societal expectations influence policymakers to enact and enforce regulations that protect workers. SOCIETY SUPPORT ON WORKPLACE HEALTH AND SAFETY cont.. 3. Legal Frameworks: Society supports workplace health and safety through the development and enforcement of legal frameworks. Laws and regulations set minimum standards for workplace safety, ensuring employers fulfill their duty of care towards employees. Society's demand for robust legal protections drives policymakers to implement and enforce stringent safety measures. 4. Research and Innovation: Societal support for workplace health and safety is evident in research efforts aimed at identifying emerging risks and developing innovative solutions. Universities, research institutions, and private enterprises collaborate to study occupational health hazards, evaluate the effectiveness of safety protocols, and design new technologies and practices to enhance workplace safety.