OTHM Unit 6.pptx

UNIT 6 Health and Safety Law, Regulation and Influence  Learning outcomes Assess international frameworks for legislation, regulation and enforcement. Assess statutory and regulatory obligations for maintaining health and safety in an organization. Analyze the industry and community roles in in...

UNIT 6 Health and Safety Law, Regulation and Influence  Learning outcomes Assess international frameworks for legislation, regulation and enforcement. Assess statutory and regulatory obligations for maintaining health and safety in an organization. Analyze the industry and community roles in influencing and promoting local and national positive health and safety outcomes. Role of enforcement agencies and consequences of noncompliance Many countries have their enforcement agencies but there is no universally accepted standard about the role and task of enforcement agencies. Each country empowers its enforcement agencies as per their own national legislative requirements. Enforcement agencies may conduct a workplace inspection to ensure the employer is complying with legal requirements. Agency may advise the employers about suitable control measures against specified hazards. Enforcement agency may have procedures in place to deal with the complaints by the employees and they may carry out an investigation on such complaints. In some countries, fire authority acts as a separate enforcement agency. Similarly, insurance companies can enforce safety and health through inspections and audits, but it is not a legal requirement. Consequences of non-compliance: Non-compliance with the health and safety legislation is a criminal offence and may result the following: Enforcement Action: The enforcement action may be requirement of improvement actions, Prohibition on high risk  activities or closure of the organization  Criminal Prosecution of Organization: The organization may be fined for noncompliance to the requirements (if proved) Role of International bodies: International standards and Conventions ISO Standards: International organization for standardization (ISO) is the largest organization in the world which has developed more than 21000 standards so far. These standards include product standards, personnel standards and management system standards. ISO 45001 is being developed by ISO and its final draft has been released. ISO 45001 is occupational safety and health management system standard which will replace OH SAS 18001 (British Standard) ILO Convention and Recommendations International Labor Organization (ILO) is a United Nations (UN) agency established since 1919. It brings together governments, employers and workers representatives of 187 member States, to set labor standards, develop policies and devise programmes promoting decent work for all women and men.  Occupational Safety and Health Convention, 1981 (No. 1 SS)and its Protocol of 2002  Convention (C155) provides for the adoption of a coherent national occupational safety and health policy, as well as action to be taken by governments and within Role of national governments: National governments have a crucial role in promoting occupational health and safety in the respective countries. These roles include: Formulation of legislations regarding the occupational health and safety preferably in line with ILO conventions and Recommendations on occupational  safety and health.  Establish and communicate the consequences for non-compliance  Establishment of health and safety enforcement bodies  Communication of health and safety applicable requirements to the employers through website, industry magazines, advertisements etc.  Empowering enforcement agencies to ensure compliance with legal OH&S requirements  Making employers liability and public liability insurances as mandatory  Making Medical insurances mandatory for all employers and History of the ILO: The Constitution of the ILO was drafted in early 1919 by the Labour Commission, chaired by Samuel Gompers, head of the American Federation of Labour (AFL) in the United States. It was composed of representatives from nine countries: Belgium, Cuba, Czechoslovakia, France, Italy, Japan, Poland, the United Kingdom and the United States. It was created in 1919, as part of the treaty of Versailles that ended World War I, to reflect the belief that universal and lasting peace can be accomplished only if it is based on social justice. Reflecting these ideas, the Preamble of the ILO Constitution states:  Whereas universal and lasting peace can be established only if it is based upon social justice;  And whereas conditions of labour exist involving such injustice, hardship and privation to large numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled; and an improvement of those conditions is urgently required;  Whereas also the failure of any nation to adopt humane conditions of labour is an obstacle in the way of other nations which desire to improve the conditions in their own countries. Principles of Legal Framework for Occupational Safety and Health Worker Rights OSH Policies Must be Established A national system for OSH must be developed A national program for OSH must be developed All stakeholders must be consulted OSH Program and Policies must aim at both prevention and protection Continuous improvement of OSH must be prioritized Health promotion shall be prioritized OSH services covering all workers should be established Compensation and Rehabilitation must be available to workers suffered from Occupational injuries and accidents Education and training Enforcing Policies Employers and employees' responsibilities Government Duties Legal framework Process (National OHS Policy): The national policy on OSH Management system must be established to: Implementation and integration of OSH Management System Planning, implementing and improvement of OSH Participation of workers Continual Improvement Arrangements for OSH Management System Evaluate effectiveness of OSH Management system and Guidelines for OSH Management System in Organization: Principles of OSHA:  Managers Provide Influential Leadership  Workers Participate in Problem Solving  Effective OSHA Education and Training  Regular Hazard Assessments and Analysis  Implemented Hazard Prevention Protocols  OSHA Applied and Extended to All Parties Involved  Self-Evaluations and Safety Improvement Principles of HSE UK: Essential principles: These principles are intended to underpin the actions in this guidance and so lead to good health and safety performance.  Strong and active leadership from the top •visible, active commitment from the board; •establishing effective 'downward' communication systems and management structures; •integration of good health and safety management with business decisions.  Worker involvement •engaging the workforce in the promotion and achievement of safe and healthy conditions; •effective 'upward' communication; •providing high quality training.  Assessment and review •identifying and managing health and safety risks; •accessing (and following) competent advice; •monitoring, reporting and reviewing performance .