Professional Documents
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Keypoint ELEMENT1
Keypoint ELEMENT1
Multi-disciplinary nature of health and Safety involves knowledge from various fields of
different disciplines together as under:
1. C: Complexity
2. C: Conflicting Demands
3. C: Competing
4. B: Behavioral Issues
1. Complexity: Dealing with large number of employees, contractors, suppliers, sub-
contractors, shared premises, safety officers, competent persons, public and public places
become quite complex as large number of operations at a time or multiple operation to
be done in the safe manners without affecting anyone.
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It involves the coordination with many people and requires extensive background
and awareness of possible consequences of the various activities to be performed.
2. Competing: Competition between similar organization and industry lead to quote low
cost or false data during the tendering processing.
Such situation, affect the health and safety procedures by means of negligence
and ignorance.
3. Conflicting Demands: There is great demand of for business and obvious pressure on
fulfilling in time and maintaining the quality and delightful services can cause conflicts.
A common conflict can be because of delay, poor quality and bad services.
4. Behavioral Issues: Good health and safety practices reflect the behavior of team and
individuals.
However, sometime, people does not behave correctly and do not follows the
safety rules due to excess work pressure/ production targets/ improper line of commands/
attitudes etc are barriers in good health and safety standards.
The term “health” can be defined as a state of well-being in both a physiological and
psychological sense. In occupational terms, it would include not suffering for example from
fatigue, stress or noise induced deafness.
The term “Safety” can be defined as the absence of danger or risk or physical harm to
persons, extending in the workplace to things such as equipment, materials and structures.
The term “welfare” relates to the provision of workplace facilities that maintain the
basic wellbeing and comfort of the worker such as eating, washing and toilet facilities which
enable them to fulfill their bodily functions.
1. Moral Reasons
2. Social Reasons (Legal-Criminal or Civil laws) and
3. Financial Reasons (Economic)
Moral reasons
When health and safety is not managed properly, people get killed and suffered from
injuries. They may suffer from terrible diseases which can have massive impact on them, their
dependents, families, relatives, friends & colleagues, such suffering shall not be acceptable
morally in managing good health and safety.
In simple way, the moral reasons are supported by free from any occupational
accident and disease at the workplace to all workers so that everyone returning home happily in
healthy condition. This is “Right way to do the things rightly”. This is a right for workers and
society expectations.
The moral responsibility is also a most important reason, because, we all have
obligation not to cause harm to others as well as employers will have a moral obligation toward,
their employees and others.
In nut-shell, moral responsibility is the ethical way of ensuring health and safety at
workplace by the employer for respective workers and employees.
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who have this legal responsibility to be proactive in managing their safety, health and welfare
responsibilities and deal with them in a systematic way.
Legal guidelines help organizations to improve their safety and health performance by
providing advice on how safety and health should be managed, and in the process help them to
comply with their legal requirements.
Employers must:
Poor occupational health and safety performance results in costs impact (Financial) to
an organization.
The financial impact (cost) can be due to injuries, ill-health, fatalities, life loss,
property loss and other nature of damages.
This economic impact (Financial loss) can significantly affect the financial resources of
an organization and in some cases an organization can get closed because of heavy losses
incurred in poor occupational health and safety management systems.
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Finance is a back-bone of any organization, if economic losses made due to injuries,
ill-health, fatalities, life loss, property loss and other nature of damages its market values and
make the organization out of business within no time.
When any injuries, ill-health, fatalities, life loss, property loss and other nature of damages
happen, an organization faces following costs which are the part of incident cost.
1. Direct cost
2. Indirect cost
3. Insured cost
4. Uninsured cost
Direct Cost
The cost to an organization which can be directly quantified or measured from the incident or
accidents is known as “Direct cost”.
Indirect costs:
The cost to an organization which can’t be directly quantified or measured from the
incident or accidents is known as “Indirect cost”.
These are costs which may attributable to the accident but may result from a series of
accidents. Again these may be insured or uninsured indirect cost.
Insured Cost
Which normally covers under the insurances, include following:
Medical cost
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claims on employers and public liability insurance;
damage to buildings, equipment /machinery, buildings or vehicles
any attributable production loss
the absence of employees due to occupational illness
legal cost associated with legal claim for compensation
a cumulative business loss;
product or process liability claims;
recruitment of replacement staff.
Uninsured costs:
Production delays or down time
Loss of finished or unfinished materials or goods (Raw materials loss)
Time loss Due to investigation of accident
Fines resulting from prosecution (legal) by the enforcement authority
Sick pay for injured workers
Cost of hiring new employees in absence of injured person
Training cost to new employees
loss of goodwill and a poor corporate image;
accident investigation time and any subsequent remedial action required;
production delays;
extra overtime payments;
lost time for other employees, such as first-aid staff, who tend to the needs of the injured
person;
the recruitment and training of replacement staff;
additional administration time incurred;
first-aid provision and training;
low morale of employees,
reduced productivity.
market values
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Who will be benefited from Employer’s liability insurance?
Under Employer’s liability insurance, both employees and employer shall be benefited from
moral, financial and social (legal) obligation.
Compensation
The event of any injury / ill-health, the employer provides some relief in financial support or
legal support is generally called compensation.
This approach to compensation is adversarial, costly and can deter injured individuals of
limited means from pursuing their claim
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Legal Reasons for Managing Workplace Health and Safety
The Legal reasons for managing health and safety at workplace is related to:
Most countries has set laws and standards in the regards to Management of health and safety
risks with an organization failure to enforced legal action or enforcement actions
In 1981, the ILO adopted the Occupational Safety and Health Convention (C155), which
applied to all branches of economic activity and to all categories of workers and Provision
should be made for Occupational Safety and Health measures as may be necessary and
practicable to give self-employed persons/workers/employees, protection analogous to that
provided for in the Convention and Recommendation (R164).
ILO Conventions and Recommendations- are the basis of details legislation to provide
basic minimum health and safety standards at workplace.
Employers' Responsibilities
As per ILO article-16 of C155 (ILO Convention) the employer has following
responsibilities.
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Employers' Obligations
As per ILO article-10 of R164 (ILO Recommendation) the employer has following
obligation.
a) to provide and maintain workplaces, machinery and equipment, and use work methods,
which are as safe and without risk to health as is reasonably practicable;
b) to give necessary instructions and training, taking account of the functions and
capacities of different categories of workers;
c) to provide adequate supervision of work, of work practices and of application and use of
occupational safety and health measures;
d) to institute organizational arrangements regarding occupational safety and health and
the working environment adapted to the size of the undertaking and the nature of its
activities
e) to provide, without any cost to the worker, adequate personal protective clothing and
equipment which are reasonably necessary when hazards cannot be otherwise prevented
or controlled;
f) to ensure that work organization, particularly with respect to hours of work and rest
breaks, does not adversely affect occupational safety and health;
g) to take all reasonably practicable measures with a view to eliminating excessive physical
and mental fatigue;
h) to undertake studies and research or otherwise keep abreast of the scientific and
technical knowledge necessary to comply with the foregoing clauses.
Worker’s Responsibility
As per, ILO article-19 of C155 (ILO Convention) following are the responsibility of
the workers.
a) workers, in the course of performing their work, co-operate in the fulfillment by their
employer of the obligations placed upon him;
b) representatives of workers in the undertaking co-operate with the employer in the field
of occupational safety and health;
c) representatives of workers in an undertaking are given adequate information on
measures taken by the employer to secure occupational safety and health and may
consult their representative organizations about such information provided they do not
disclose commercial secrets
d) workers and their representatives in the undertaking are given appropriate training in
occupational safety and health;
e) workers or their representatives and, as the case may be, their representative
organizations in an undertaking, in accordance with national law and practice, are
enabled to enquire into, and are consulted by the employer on, all aspects of
occupational safety and health associated with their work; for this purpose technical
advisers may, by mutual agreement, be brought in from outside the undertaking;
f) a worker reports forthwith to his immediate supervisor any situation which he has
reasonable justification to believe presents an imminent and serious danger to his life or
health; until the employer has taken remedial action, if necessary, the employer cannot
require workers to return to a work situation where there is continuing imminent and
serious danger to life or health.
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Worker’s Rights
As per, Article-16 of ILO R164 (ILO Recommendation) following are the responsibility of
the workers
a) take reasonable care for their own safety and that of other persons who may be affected
by their acts or omissions at work;
b) comply with instructions given for their own safety and health and those of others and
with safety and health procedures;
c) use safety devices and protective equipment correctly and do not render them
inoperative;
d) report forthwith to their immediate supervisor any situation which they have reason to
believe could present a hazard and which they cannot themselves correct;
e) report any accident or injury to health which arises in the course of or in connection with
work.
Enforcement prosecution can lead to a fine and penalties and, in many countries, to
imprisonment for the individuals concerned.
Fire authority enforcing the role of fire laws and fire legislation and giving advice on fire hazard
Insurance company carrying out inspection and audits for the improvement of standards.
Types of enforcement
Types of enforcement may include:
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issuing simple cautions
prosecution
They make clear to duty holders which matters are subject to enforcement, and the measures they
must take to achieve compliance (including timescales).
Consequences of non-compliance
Breach of H&S legislation is usually a criminal offence leading to:
If the employer does not comply with the duties and obligations laid down in the ILO -OSH
safety and health at work.
Workers who become ill-health or involved in accidents due to negligence can claim for:
Financial compensation
Monetary benefits
Remuneration
Deferred compensation
Prosecuted
Imprisonments
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Fines for non-compliance
Criminal liability might foresee fines for not complying with OSH legislation.
The fines depend on national legislation and the systems of labor inspection, which can vary
from case to case.
The labor inspections can still control the fulfillment of the legal obligations and can
impose fines,
penalties,
notices,
advisory,
warning
I. Enforcement agencies may serve an improvement notice for specify the period for
compliance and in that period the recipient of the improvement notice may lodge an
appeal with the employment tribunal.
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leaflets,
journals,
books and their websites;
health and safety magazines and journals;
information published by trade associations, employer organizations and trade unions;
specialist technical and legal publications;
information and data from manufacturers and suppliers; and
The internet and encyclopedias related to H&S
Indian Factory Act 1948
The ISO standards are ‘generic management system standards’ meaning that the same
standard can be applied to any organization, large or small, whatever its product or service, in
any sector of activity, and whether it is a business enterprise, a public administration or a
government department.
make the development, manufacturing and supply of products and services more
efficient, safer and cleaner;
facilitate trade between countries and make it fairer;
provide governments with a technical base for health, safety and environmental
legislation, and conformity assessment;
share technological advances, good management practice and disseminate innovation;
safeguard consumers, and users, of products and services; and
make life simpler by providing solutions to common problems.
Many organizations are also implementing an occupational health and safety management
system (OHSMS-ISO45001:2018) addressed the following key areas:
Occupational health and safety management systems such as ILO-OSH 2001 require that
an effective organization is established to implement the policy.
A nominated senior manager at the top of the organization needs to oversee policy
implementation and monitoring. The nominated person will need to report regularly to the most
senior management team and will be a director or principal of the organization.
Health and safety responsibilities will need to be assigned to line managers and expertise must be
made available, either inside or outside the enterprise, to help them achieve their legal
requirements.
The purpose of the health and safety organization is to harness the collective enthusiasm,
skills and effort of the entire workforce with managers taking key responsibility and providing
clear direction.
The control arrangements should be part of the written health and safety policy.
Performance standards will need to be agreed and objectives set which link the outputs required
to specific tasks and activities for which individuals are responsible.
Everyone from senior managers down has health and safety responsibilities
People should be held accountable for achieving the agreed objectives through existing or
normal procedures such as:
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Such arrangements are only effective if health and safety issues achieve the same degree
of importance as other key management concerns, and a good performance is considered to be an
essential part of career and personal development.
The Employer
An employer is an organization, institution, government entity, agency, company,
professional services firm, small business, store, or individual “who employs or puts to work”
(A person or an organization who provides employment to work)
They may be called as Directors, MD (Managing Director), CEO (Chief Executive Officer),
includes Board of directors
Employers must protect the health, safety and welfare of employees and others who might be
affected by their work activities including:
The Directors
Key person who in-charge of an organization manages whole affairs of business activities
is known as directors. He will be a part of Top management in an organization for making all
decisions.
Directors or Boards of directors need to examine their own behaviors, both individually
and collectively, against the guidance given by national enforcement agencies. If they fall short
of the standards it sets them, then they must change so that they become effective leaders in
health and safety.
the health and safety of employees and others, members of the public, may be protected;
risk management includes health and safety risks and becomes a key business risk in
board decisions and
Health and safety duties imposed by legislation are followed.
Directors need to ensure that the Board‘s health and safety responsibilities are properly
discharged. To achieve this, the Board will need to:
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Cary out an annual review of health and safety performance;
Keep the health and safety management system up to date with current board priorities
and review the health and safety management system at least every year;
Adequate resources allocation to establish implement and maintain the health and safety
management systems
Ensure that there are effective management systems for monitoring and reporting on the
organization's health and safety performance;
Ensure that any significant health and safety failures and their investigation are
communicated to Board members;
Ensure that when decisions are made the health and safety implications are fully
considered;
Ensure that regular audits are carried out to check the effective health and safety risk
management systems are in place.
Hiring one or more competent person to assist the organization to meet out requirement
of OHSMS
Managers and supervisors are essential communication links between the top
management and the workforce. They should ensure that the agreed health and safety
standards are communicated to the workers and adherence to those standards is monitored
effectively in all respective departments.
1. are responsible and accountable for the health and safety performance of their
department;
2. are responsible for the engagement and management of contractors and that they are
properly supervised;
3. Must ensure that any machinery, equipment or vehicles used within the department are
maintained, correctly guarded and meet agreed health and safety standards.
4. Copies of records of all maintenance, statutory and insurance inspections must be kept by
the Departmental Manager;
5. Develop a training plan that includes specific job instructions for new or transferred
employees and follow up on the training by supervisors. Copies of records of all training
must be kept by the Departmental Manager;
6. Personally investigate all lost workday cases and dangerous occurrences and report to
their line manager. Progress any required corrective action.
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Therefore managers should:
familiarize themselves with the health and safety management system of the
organization;
ensure that there is an adequate and appropriate level of supervision for all workers;
ensure that supervisors are aware of:
the health and safety standards of the organization
the specific hazards within their area of supervision;
the need to set a good example on health and safety issues;
the need to monitor the health and safety performance of their workforce; and
the training needs, including induction training of their workforce;
ensure that sufficient resources are available to allow tasks to be completed safely and
without risk to health; and
Communicate to the Chief Executive and the Board the adherence or otherwise of the
health and standards agreed by the Board.
Who is a supervisor?
In their department they understand the risks associated with their workplace and the
measures available to control them;
the risk control measures are up to date and are being properly used, maintained and
monitored;
workers are encouraged to raise concerns over any shortcomings in H&S provision;
Arrangements are in place to supervise the work of contractors.
Supervisors are responsible to and report to their Departmental Manager. In particular, they:
1. are responsible and accountable for their team‘s health and safety performance;
2. enforce all safe systems of work procedures that have been issued by the Departmental
Manager;
3. Instruct employees in relevant health and safety rules, make records of this instruction
and enforce all health and safety rules and procedures;
4. Supervise any contractors that are working within their area of supervision; and
5. Enforce personal protective equipment (PPEs) requirements,
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6. Make spot checks to determine that protective equipment is being used and periodically
appraise condition of equipment. Record any reports of the (PPEs) requirement and
deficiencies.
Every worker should have Health and Safety Awareness Training to learn about their rights
and responsibilities for implementing OHSMS
What does a Health and Safety Officer does- Roles and responsibilities?
A Health and Safety Officer is appointed to perform the main health and safety duties in
the workplace. He or she is responsible for ensuring that there is a safe working environment for
employees and other relevant parties for following Roles and responsibilities
Developing, implementing, and improving the health and safety plans, program and
procedures in the workplace.
Ensuring compliance with relevant health and safety legislation.
Identifying OHS-related training needs in the workplace.
Conducting safety inspections and risk assessments.
Investigating workplace accidents.
Reporting on OHS-related activities
Supervising junior health and safety employees.
The role of Health and Safety Officer is usually a full-time job, and in order to be appointed
as a Health and Safety Officer, one must be in possession of a relevant formal qualification.
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Occupational health professionals for medical examinations and diagnosis of work-
related disease, pre-employment and sickness advice, health education;
ergonomists for advice on suitability of equipment, comfort, physical work environment,
work organization;
physiotherapists for prevention and treatment of musculoskeletal disorders;
radiation protection advisers for advice on radiation issues;
Health and safety practitioners for general advice on implementation of legislation, health
and safety management, risk assessment, control measures and monitoring performance.
Contractor Management
Contractor management is the managing of outsourced work performed for an individual
company (employer or organization). Contractor management implements a system that manages
contractor’s health and safety information, insurance information, training programs and specific
documents that pertain to the contractor and the client.
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Who is contractor?
A person or an organization (as a vendor/service provider/suppliers/out sourced) engaged
to manage the certain work / job/service/supply requirements time to time by the client
(employer or organization)
Who is client?
A person or an organization that authorized/engage a contractor- as vendor/service
provider/suppliers/out sourced for various work / job/service/supply requirements.
The contractor must be given basic site and health & safety information of the workplace by
the client, such as welfare, fire safety, emergency procedures, significant hazardous material
storage, chemical storage etc.
Example: Client hiring a contractor for painting activities in building. Therefore, client owes a
duty towards,
The workers of contractors or contractors company (who are doing the work in client
premises or under the contract with the client) for H&S
Other people such as their own workers (employees of client), visitor, member of public
who might be affected by their painting work activities due to, paint smell, vapors, paint
spray, spillage of paint etc
Shared occupiers of the premises should taken in consideration
Contractor is managing certain required work by the client in which there is no direct
supervision and controlled by the client.
Contractor selection
The selection of the right contractor for a particular job is probably the most important
element in ensuring that the risks to the health and safety of everybody involved on the activity
and people in the vicinity are reduced as far as possible. Ideally, selection should be made from a
list of approved contractors who have demonstrated that they are able to meet the client’s
requirements.
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The selection of a contractor has to be a balanced judgment with a number of factors taken
into account. Fortunately, a contractor who works well and meets the client’s requirements in
terms of the quality and timeliness of the work is likely also to have a better than average health
and safety performance. Cost, of course, will have to be part of the judgment but may not
provide any indication of which contractor is likely to give the best performance in health and
safety terms. In deciding which contractor should be chosen for a task,
Possible hazards and risk available at workplace before start of the work
Possibility of hazards and risk while doing the work or due to the work
Therefore, during the planning, required work can be planned in safe manner by making initial
risk assessment.
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Therefore, coordination must ensure following
The above managing points should be considered during the work in progress by keeping
H&S in priority for everyone.
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