OSH Act and RA

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Information about OSH Act and RA
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Published on January 18, 2008

Author: Tommaso

Source: authorstream.com

The implications of the OSH Act and requirements of Risk assessment:  The implications of the OSH Act and requirements of Risk assessment OSH Act 2004 (as amended 2006) OSH Agency National Occupational Safety & Health policy towards 2020:  National Occupational Safety & Health policy towards 2020 vision: industrial establishments in trinidad & tobago free of accidents, injuries, diseases and death History:  History Introduction of H&S legislation in T&T 1948 Factory Ordinance revised 1950 After 1950 rapid industrialization and technological advancement 1973 commencement of new draft of legislation OSH Act 2004 (amended 2006) was enacted February 17, 2006 Current situation :  Current situation 17-02-2007: OSH Authority established OSH Agency 17-08-2007: Factory Ordinance repealed Chief Inspector The OSH Authority:  The OSH Authority Composition: Chairman – appointed by the Minister Deputy Chairman – appointed by the Minister Executive Director of the Agency Reps of the Ministries responsible for OSH, for public health and for energy industries Rep of the body responsible for standards in Trinidad and Tobago Rep of the Tobago House of Assembly Nine other members appointed by the Minister Duties and tasks:  Duties and tasks Advise the minister Arrange R&D Arrange Information Arrange OSH advisory service Approve and issue codes of practice Areas of operation OSH Act:  Areas of operation OSH Act Meets international standards It covers all workers (except domestic) Broad definition “Factory” Persons employed for (intended) trade to the purpose of gain Making, demolishing, altering, repairing, warehousing, ornamenting, furnishing, distributing, slaughtering, transforming, supplying and maintenance services, testing, analyzing.. Including : Open air industrial activities State owned enterprises Public Service It covers safety and risks of the enterprises’ activities for the health of public and environment as well. Important new elements:  Important new elements Employers: OSH Policy Statement Risk Assessment S&H Committee Consultation Information, training, instruction Employees: Workers duties Right of refusal of work Duties for Occupiers, Designers, Importers, Suppliers, Manufactures, Self-Employed Persons Employers’ general Duties :  Employers’ general Duties To ensure as far as far as is reasonably practicable, the safety, health and welfare at work of all his employees in particular: Safe (and without risks for health) maintenance of plant; Safe systems of work; Safe use, handling, storage and transport of equipment, machinery, articles and substances; Adequate and suitable protective clothing or devices including maintenance and instructions; Employers’ Duties (cont’d):  Employers’ Duties (cont’d) Information, instruction, training and supervision Safe maintenance workplaces condition ; Maintenance of safe means of access to and egress from workplaces; Provision and maintenance of a safe working environment and adequate as regards amenities and arrangements for workers’ welfare at work. Employers’ Duties (cont’d):  Employers’ Duties (cont’d) (>25) Written OSH Policy statement Organization and arrangements In consultation with workers reps Health surveillance (RA) Health and Safety Committee (>25 or CI) Employers’ Duties on hazardous chemicals:  Employers’ Duties on hazardous chemicals Easily understandable labeling; Chemical safety data sheets in English ; Information on (emptied) containers; Worker instruction and training prior to the usage, handling or storage; Information (inventory and chemical safety data sheet), available for workers; Furnishing information to the workers rep (re: health and safety committee or trade union or a selected employee) Employers’ Duties on hazardous chemicals (cont’d):  Employers’ Duties on hazardous chemicals (cont’d) Training of employees in the usage of chemicals; The provisions of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the safety and health at work of his employees. Employers’ Duties (cont’d):  Employers’ Duties (cont’d) Hazardous chemicals: Labeling, datasheets, information, training, supervision; Personal Protective Equipment: Protective clothing or devices of an approved standard (head, eye, ear, hand, foot, etc.); Adequate instructions in the use of such protective clothing or devices. Employers’ Duties (cont’d):  Employers’ Duties (cont’d) Pregnant and nursing workers Young persons Employers shall conduct the undertakings in such a way as to ensure, so far as is reasonably practicable, that persons not in their employment, who may be affected thereby are not thereby exposed to risks to their safety or health. Employers’ Duties (cont’d):  Employers’ Duties (cont’d) Safety Fumes, Dust Ventilation Access and egress Explosive atmospheres Safeguarding dangerous machinery Employers’ Duties (cont’d):  Employers’ Duties (cont’d) Fire (>20) Precautions (RA) Emergency exits Health Cleanliness Respiratory protection Lighting Noise and vibration Overcrowding (11.5m3 per person) Ventilation by the circulation of fresh air Workers’ Duties at Work:  Workers’ Duties at Work To take reasonable care for the safety and health of himself and of other persons who may be affected by his acts or omissions at work As regards any duty or requirement imposed on his employer to co-operate with him so far as necessary to ensure that that duty or requirement is performed or complied with; Workers’ Duties (cont’d):  Workers’ Duties (cont’d) To report to his employer, any contravention under this Act or regulations, the existence of which he knows To use correctly the personal protection clothing or devices provided for his use. Right of workers to refuse work:  Right of workers to refuse work … where worker has reasons to believe that: Serious and imminent danger for himself; Machinery, physical condition, causes danger Contravention with OSH Act AND danger … for himself (or other persons); Duty of worker: report to employer and H&S Ctee Risk assessment Legal requirements (1) :  Risk assessment Legal requirements (1) Annual risk assessment: Every employer shall make a suitable and sufficient annual assessment of- (a) the risks to the safety and health of his employees to which they are exposed whilst they are at work; and (b) the risks to the safety and health of persons not in his employment arising out of or in connection with the environmental impact of his undertaking, for the purpose of identifying what measures are necessary for compliance with this Act or any other statutory provision. Risk assessment Legal requirements (2):  Risk assessment Legal requirements (2) Review of Risk Assessments Any assessment shall be reviewed by the employer who made it if- (a) there is a reason to suspect that it is no longer valid; or: (b) there has been a significant change in the matters to which it relates Risk Assessment Legal requirements (3) :  Risk Assessment Legal requirements (3) Recording and filing: Where the employer employs > 25 employees, he shall keep a record (*) of- (a) the findings of the assessment; and (b) any group of his employees identified by the assessment as being exposed to an occupational safety and health risk. (*: 5 years available for inspectors) Difficult questions:  Difficult questions What is suitable? What is sufficient? What measures are necessary? What is a significant change? What is a Risk Assessment?:  What is a Risk Assessment? Examination of what in the work could cause harm to persons; Evaluation if enough precautions have been taken; Identification of what more action should be taken to prevent harm. Why is a Risk Assessment needed?:  Why is a Risk Assessment needed? It is a basic instrument for: Systematic examination of risks in your company Building a proper OSH policy and action plan To decide on suitable: Emergency plans Health surveillance scheme Objective: to prevent workers (and other persons) from accidents and ill health Why prevention of accidents and ?:  Why prevention of accidents and ? Accidents and ill health: can ruin lives can ruin your business output lost, machinery damaged, production disturbed, need to replace skilled workers, training of workers lost, insurance costs increase, prosecution. What is a Risk? :  What is a Risk? A hazard is anything that has the potential to cause harm A risk is the chance (likelyhood), high or low, that somebody will actually be harmed by the hazard in your specific situation. R = C x E Risk = Chance x Effect (from a hazard) The Five Steps Model to carry out a RA:  The Five Steps Model to carry out a RA Step 1: Look for the hazards Step 2: Decide who might be harmed and how Step 3: Evaluate the risks and decide whether the existing precautions are adequate or whether more should be done Step 4: Record your findings Step 5: Review your assessment and revise it if necessary Step 1: Look for the hazards:  Step 1: Look for the hazards To be carried out by yourself, or by an expert Always involve employees Focus on significant hazards Hazards: potential risks:  Hazards: potential risks Slipping/tripping Fire Chemicals Moving parts of machinery Work at height Ejection of material Pressure systems Vehicles Electricity Dust Fumes Manual handling Noise Poor lighting Low temperature Work stress Repetitive Strain injuries Bullying Step 2: Who might be harmed and how?:  Step 2: Who might be harmed and how? Production staff, Administrative staff Cleaners, maintenance workers, visitors, contractors, guards Members of the public Special attention to be given to: Youngsters, trainees, expectant mothers, disabled persons, migrant workers Step 3: Evaluate the risks and decide on actions to be taken:  Step 3: Evaluate the risks and decide on actions to be taken Has everything been done that the Act requires? How likely is it that the identified hazards take place? Can I get rid of the hazard? Can I control the risk? Hierarchy: Alternative~Guarding~Reduction~PPE ~emergency measures Step 4: Record the findings:  Step 4: Record the findings From 25 employees: recording of assessment and measures taken Step 5: Review the assessment and revise if necessary:  Step 5: Review the assessment and revise if necessary Annually As often as needed (alterations) The more complex and the more hazardous the production processes, the more extended the RA.:  The more complex and the more hazardous the production processes, the more extended the RA. More RA’s may be needed: Production processes RA One or more Partial processes or major risk process elements Facilities RA Floods, earth quakes Electricity, cooling water failures Hazardous toxic or explosive substances Interaction from neighboring activities Functionality of controls and emergency plans, Layout, design, location Job RA Maintenance, Repair, Cleaning Renovation, Emergency procedures CONSTRUCTION Risk Assessment for Small & Micro Enterprises:  Risk Assessment for Small & Micro Enterprises KISS principle: keep it short and simple What are the hazards? Who might be harmed and how? What has already been done? What further action is necessary? By whom? By when? But no “lipservice” The Occupational Safety and Health Agency:  The Occupational Safety and Health Agency The Agency is the executive (enforcing) organization of the Authority (Labour Inspectorate) Executive Director Deputy Director Corporate Legal Secretary Chief Inspector and Inspectors Supporting staff (HR, Legal, R&D) OSH Agency: Powers of inspectors:  OSH Agency: Powers of inspectors Enter, inspect, make photographs, examine at all reasonable time; Request assistance of police; Accompany workers` rep; Request drawings, permits, etc; Make examinations and inquiries; Require to answer questions; Require to sign statements; Investigate accidents; Require means for entry, inspection etc. OSH Agency: Powers and duties inspectors:  OSH Agency: Powers and duties inspectors Improvement Notice; Prohibition Notice; Prosecution; Source of complaint not to be divulged; Secrecy, also after resign. Vision on operation:  Vision on operation Compliance Enforcement Strategy Voluntary compliance Compulsory compliance Sanctioning Serious Imminent dangers, Accidents Repetition, Unwillingness, no confidence Project approach Objectives:  Objectives For a better work life quality Less Accidents, illnesses at work Higher quality and less losses Finding and keeping skilled workers Better international competitiveness

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