Strategies OSH Act, Regulations,Approved Codes of Practice Summary OSH Act No.1 of 2004 OSH Authority (Policy, Standards, Advice) OSH Agency (Implementing & Enforcing) OSH Advisory Council appointed to make recommendations for the transition. 2 The OSH Act No. 1 of 2004 Principal OSH legislation passed by Parliament Empowers the Minister to make subordinate regulations, detailing requirements. Imposes a duty of care on everyone at work, related to their roles. Lists duties of employers, employees, occupiers, owner, designers, suppliers and manufacturers of articles, substances used at work. It also provides duties for the self-employed. Legislates the establishment of S&H committees. Protects the rights of employees, young persons, pregnant employees, nursing mothers. 3 Broad Provisions 1 Repeals Factories Ordinance, Women (Night Work) Act Revises & extends parts of existing law Covers all persons at work in industrial establishments. Recognizes employers (contractors incl.), occupiers Imposes duties on employers,occupiers,employees, owners, suppliers, designers, importers, the selfemployed. Provides additional OSH requirements 4 Broad Provisions 2 Enhances the powers of Inspectors Protects public & environment beyond fence line Controls certain emissions into the atmosphere Protects pregnant women, nursing mothers, young persons Requires medicals for young persons, preemployment medicals for permanent employees. Right to refuse work where S or H is in imminent danger 5 General Duties Employers 1 To ensure, so far as is reasonably practicable, the H, S and W of all employees- Part 11 Section 6-8: Safe plant and systems of work. Safe use, handling, storage, transportation of equipment, machinery, articles, substances. Provision of any required information, instruction, training and supervision. Safe place of work, safe access, egress. Safe work environment, welfare facilities. 6 1
General Duties Employers 2 S. 6. (7) Prepare written safety & health policy together with organization and arrangements if more than 25 employees. S. 6 (9)Protect pregnant women, nursing mothers, young persons S. 7 Safeguard the S&H of 3 rd parties. Part III Rights of employees to refuse work, where safety or health in imminent danger. 7 Duties of Employers cont d S.12 Employees can not be charged for anything done, or provided, for compliance, e.g PPE. S.13 Employers must undertake annual SH&E risk assessments and implement controls to mitigate risks S.46 Notice of accidents. S.62 - Periodical returns of factory employees. S.75 Preserve registers and inspection records for for at least 5 years; health records to be preserved for at least 25 yrs and submitted to Agency on cessation of trade. 8 General Duties of Occupiers Sections 8 & 9 Ensure safe conditions of premises, means access and escape Ensure safe conditions of plant, equipment. Ensure written Safety Policy Program Ensure written Emergency Response Plan based on risk assessment May be required by the Chief Inspector to appoint a Safety Practitioner. Protect S&H of the public within the Duties Of Employees Take reasonable care for safety & health of self and others who may be affected. Cooperate with employer in terms of compliance with employer s duties. Not under the influence of any intoxicant Report to employer breaches of the Act, regulations. Use correctly PPE / protective devices Not interfere with or misuse H,S&W items. Not undertake any willful acts causing death or critical injury. standards established by the EMA. 9 10 General Duties of Manufacturers & Suppliers Section 13 B (1-9) Ensure, so far as is reasonable practicable, the safety of any articles or substances when properly used in the workplace Ensure availability of appropriate information to enable safe use Installer or erector to ensure that nothing about the way of installation or erection makes the article unsafe or a risk to health 11 Part IV Safety Provisions S.22 0 - Provision of training, supervision of young persons working on dangerous machinery S.23 - Protective clothing or devices of approved standards with instructions. S.24 - Removal of dusts and fumes. S.25 - Provisions for confined space entry. S.25.7 - Certification by Chief Inspector of competent persons to examine and issue certificates. 12 2
Part IV Safety Provisions S.25A-D - Safe guarding prime movers, transmission machinery and dangerous parts of machinery S.25E/F S&H committees established. S.25H Construction and maintenance of machinery fencing. S.25I - Construction and sale of new machinery driven by mechanical power. S25J - Cleaning of machinery S25K Appropriate health surveillance 13 Part V Fire Provisions S26.1 - Provision of adequate means of escape in case of fire, based on risk assessment. S26.2 Certification by the fire authority as prescribed under the Act. S26.6 Requirement to give notice to the fire authority and the municipal corporation of any change of use. S27.1 Safety provisions in case of fire. S28 Instructions as to use of means of escape in case of fire. S29 Adequate fire-fighting equipment. 14 Part VI Health Provisions The Act makes provisions for: S. 31 Cleanliness S. 32 Respiratory protection S. 33 - Lighting, prevention of glare, shadows S. 34 - Noise and vibration S. 35 - Prevention of overcrowding S. 36 - Suitable ventilation S. 37 Health surveillance medicals may be required as a precondition of permanent employment or to determine fitness for work 15 Part VII Welfare Provisions S.39-41 Drinking water, Washing Facilities, Sanitary Conveniences to be provided. S.42 - Suitable accommodation for clothing not worn during working hours. S.43.1-3 First aid boxes or cupboards under control of responsible persons trained in first aid (retested every 3 years). S.43.4 - For factory or industrial estate with more than 250 employees provide emergency health facilities according to risk assessment S.45 - Provision of restrooms and lunchrooms in every factory. 16 Safety and Health Committees S25 E&F BREACH OF DUTIES - EMPLOYER Make recommendations about the safety and health of persons in the workplace Investigate and seek to resolve OSH issues. Seek assistance from the Chief Inspector as needed. Obtain information from the employer Consulted about testing in the workplace Conduct workplace inspections Review Risk Assessments and Control Programs 17 Breaches of the pregnancy provisions under sub-sections 6(9) 6(12) determined in the Industrial Court Contravention of provisions of the Act is a Safety & health offence subject to the jurisdiction of the Industrial Court. Aggrieved parties may seek redress in the Industrial Court - (Section 83A): 18 3
BREACH OF DUTIES - OCCUPIERS Breach of general duties listed in Section 8 and failure to comply with directions of the Chief Inspector is a S & H offence subject to the jurisdiction of the Industrial Court. S.85 Penalty where none is expressly provided - $20,000 fine and imprisonment of 1 year, plus further fine of $10,000 per day, for continuing offence after conviction. 19 BREACH OF DUTIES - EMPLOYEES Failure to comply with Section 10 (1) is a safety and health offence and will be determined in the Industrial Court. For willful acts causing death or critical injury S10(2), employee is liable to a fine of $10,000 on summary conviction. 20 PERSONAL LIABILITY OF DIRECTORS OR OTHER OFFICERS Sub-section 83(3) Where an offence is committed by a body corporate with the consent, connivance or knowledge of, or can be attributable to any neglect on the part of a director, manager, secretary or other officer of a company, such director, manager, secretary or other officer, as well as the company is liable to prosecution for commission of the offence. Onus of Proof Onus of proof is on accused to prove not reasonable practicable to do more than what was already done. Failure on the part of any of the above to ensure that employees under their supervision obey OSH procedures could lead to their prosecution. 21 22 FINES IN CASE OF DEATH OR INJURY Prescribed Penalties Fines range from $2,000 to $100,000. Sub-section 86(1) fine of one hundred thousand dollars, or of an amount equivalent to three years pay of that person which ever is greater the whole or part may be applied for the benefit of the victim or of his estate or otherwise as the Court may determine. Imprisonment from 3 months to 3 years. Both fines and imprisonment possible. Where no specific penalty is provided, $20,000 fine 23 24 4
Notification of Injury / Illness S.46.1 - Death or critical injury - immediate notification & written notice within 48 hrs. S.46.2 Where safety or health of the public at risk immediate notification & written notice within 48 hrs. S.46A - Non-critical injury - written report within 4 days. S.48 - Occupational illness - written notice within 48 hrs of being notified by a medical practitioner. 25 5