International labour standards on osh IPA Programme 2010 on HRD Workshop Modern OSH legislation 20-22 June 2012 Tirana, Albania

HUMAN RESOURCES DEVELOPMENT IPA National Programme for Albania Overall objective To identify the main ILO conventions and recommendations on OSH To explain the influence of ILS in European legislation Specific objectives To recognize the influence of International Labour Standards to the new OSH Approach To describe the main principles introduced by Conventions 155, 161 and 187

Historical overview ILO AND OSH - THE FIRST 90 YEARS 1919-1980 Piecemeal approach; detailed and numerous standards on specific hazards and occupations, focussed on protection 1981-2011 Gradual paradigm shift towards a dynamic and systemic approach, focussed on prevention Turning point The Occupational Safety and Health Convention No 155 (1981)

Concepts: Health Why is this definition relevant? HEALTH IS a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity Article 3 (e) Convention 155 Why is this definition relevant?

Concepts: Condition of work "Condition of work" is any characteristic of work that can have a significant influence in the generation of risks for the safety and the health of the workers. The general characteristics of the premises, existing facilities, equipment, technology, products and other equipment in the workplace. The nature of the physical, chemical and biological agents present in the work environment. The procedures for the use of the mentioned agents influencing the generation of the mentioned risks. Any other characteristic of the work, including those relative to the organization of work ,social relationships, influencing in the magnitude of the risks to which the workers are exposed.

Concepts: Prevention The principle of prevention. It asserts that avoiding harm is much better than trying to remediate that harm. The principle of precaution. When an activity raises threats of harm to the environment or human health, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically. Although the compensation, cure and rehabilitation of sick and injured workers are and will remain very important issues, the main focus and efforts of OSH should be concentrated on prevention Prevention is preferred to protection.

OCCUPATIONAL SAFETY AND HEALTH STANDARDS Protection in given branches of economic activity: e.g. construction industry, mines, commerce and offices and dock work Protection against specific risks: e.g. ionising radiation, benzene, asbestos, guarding of machinery Measures of protection: e.g. medical examinations of young workers, maximum weight of loads to be transported by a single worker, prevention of occupational accidents on board ship, prevention of occupational cancer, prevention of air pollution, noise and vibration in the working environment

OCCUPATIONAL SAFETY AND HEALTH STANDARDS No Title Year 115 Radiation Protection 1960 135 Workers’ Representatives 1971 136 Benzene 139 Occupational Cancer 1974 148 Working Environment 1977 162 Asbestos 1986 167 Health and Safety in Construction 1988 170 Chemicals 1990 174 Prevention of Major Industrial Accidents 1993 176 Safety and Health in Mines 1995 184 Safety and Health in Agriculture 2001 More than 70 ILO standards on OSH:

OCCUPATIONAL SAFETY AND HEALTH STANDARDS The Occupational Safety and Health Convention 1981 (No 155) The Occupational Health Services Convention 1985 (No 161) The Promotional Framework for Occupational Safety and Health Convention 2006 (No 187)

Global Strategy on OSH The Global Strategy on OSH forms the basis for the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and Recommendation (No. 197) adopted in 2006 Key: the need for an increased general awareness (April 28) of the importance of OSH and to place OSH high on political commitment and the national Agenda Promote the effective implementation of National OSH System Reduce fragmentation and promote coherency for effective impact Engagement of all social partners in initiating and sustaining mechanisms for a continued improvement of national OSH systems.

Progressive development of OSH regulations The scope and coverage of OSH regulations has evolved from: Regulation for specific sectors to all sectors Some industrial safety risks to any safety and health risk Prescription of protective measures to deal with specific hazards to an overall management of OSH focused prevention and assessment of risks

Changes in the OSH regulation after Convention 155 New duties for employers Risk assessment Control of working conditions Training and information for workers Surveillance of workers’ health Environment monitoring Emergency planning Recording, documentation and notification of OSH information Investigation of occupational accidents

International Labour Standards Convention 1981 (155) Occupational safety and health convention 1981 (161) occupational health services convention 2006 (187) promotional framework for occupational safety and health International Labour Standards

Occupational Safety and Health (OSH) - ILO Convention 155: an overview (1) applies to all workplaces and all employees (though with flexibility); Emphasizes continuous improvement; Outlines responsibilities, duties and rights of stakeholders; Deals with issues such as policy and consultations with social partners, legislation, advice & enforcement, designers & manufacturers, training, employers’ responsibilities, workers’ duties and rights, bilateral cooperation; Highlights universal principles on OSH (e.g. prevention, “so far as is reasonably practicable”, cooperation, hierarchy of protection, right to remove in case of imminent danger and to be protected, but with duty to inform).

Occupational Safety and Health (OSH) - ILO Convention 155: an overview (2) calls for the formulation, implementation and periodical review of a national policy design, testing, choice, substitution, installation, arrangement, use and maintenance of the material elements of work relationships of the material elements of work and persons who carry out or supervise the work training in the adequate levels of safety and health communication and cooperation at all levels protection of workers and their representatives from disciplinary measures as a result of actions in conformity with the Convention definition of responsibilities of public authorities, employers, workers and others Implementation through legislation and enforcement by a system of inspection with adequate penalties for legal violations Include OSH in education and training

Occupational Safety and Health (OSH) - ILO Convention 155: an overview (3) National authorities shall ensure: determination of conditions concerning design, construction and layout of undertakings, commencement of operations, major alterations, safety of technical equipment determination of work processes and substances/ agents the exposure to which is to be prohibited, limited or subdue to authorization procedures for notification of work accidents and occupational diseases production and publication of statistics

Occupational Safety and Health (OSH) - ILO Convention 155: an overview (4) Obligations beyond the responsibility of employers: All who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use duty of care information and instructions be aware of scientific and technical progress

Occupational Safety and Health (OSH) - ILO Convention 155: an overview (5) Collaboration with workers and their representatives Information on the measures undertaken appropriate training right to enquire the employer and to be consulted on all aspects of OSH associated with their work

Occupational Safety and Health (OSH) - ILO Convention 155: an overview (6) Protection of workers (Articles 13/ 19) A worker who has removed himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health shall be protected from undue consequences in accordance with national conditions and practice The worker will report to his supervisor any situation he believes presents an imminent and serious danger to his life or health The employer cannot require workers to return to this work situation

Occupational Health Services ILO Convention 161: an overview (1) Sets principles concerning the services entrusted with preventive functions and responsible for advising the employer, workers and their representatives on: requirements for establishing and maintaining a safe and healthy work environment adaptation of work to the capabilities of workers

Occupational Safety and Health (OSH) - ILO Convention 161: an overview (2) Formulation, implementation and review of national policy Development of occupational health services for all workers and sectors Organization for a single undertaking or common to several undertakings May be organized by: concerned undertakings (internal services) public authorities social security institutions bodies authorised by the competent authority Full professional independence of the personnel Surveillance of workers’ health shall involve no loss of earnings, be free of charge and take place during working hours

Promotional framework for Occupational Safety and Health ILO Convention 187: an overview (1) Aims for the development of a national policy, system and programme The national policy should refer to the principles of: assessment of occupational risks combating risks at source information, consultation and training

Promotional framework for Occupational Safety and Health ILO Convention 187: an overview (2) National system Legal framework Competent authorities Compliance mechanisms Cooperation with workers at workplace level National tripartite advisory body Information and advisory services Occupational health services Research Collection and analysis of data Collaboration with insurance of social security schemes Support mechanisms for SME and informal economy National programme

Promotional framework for Occupational Safety and Health ILO Convention 187: an overview (3) NATIONAL OSH POLICY NATIONAL OSH SYSTEMS Available infrastructure and resources NATIONAL OSH PROFILE Inventory and analysis of situation and resources NATIONAL OSH SITUATION Occupational accidents and diseases NATIONAL OSH PROGRAMMES What we want/can do Strategic planning Goals and priorities REVIEW Impacts & achievements Operative planning Formulation, implementation, evaluation of activities