Clayton Osbourne - Operational Risk Management Specialist 1 THE ROLE OF OCCUPATIONAL HEALTH & SAFETY HOW DOES OCCUPATIONAL HEALTH & SAFETY (OSH) IMPACT OUR SOCIETIES & BUSINESSES. A look at the new OSH Law A look at the new OSH Law Presented By: Clayton Osbourne Operational Risk Management Specialist

2 LIFE & THE MANAGEMENT OF RISK Only two things are certain in Life Clayton Osbourne - Operational Risk Management Specialist Death and Change

3 LIFE & THE MANAGEMENT OF RISK If birth is the beginning and death is the end Clayton Osbourne - Operational Risk Management Specialist Then change is what occurs between birth & death Then change is what occurs between birth & death

4 LIFE & THE MANAGEMENT OF RISK Clayton Osbourne - Operational Risk Management Specialist Hence life = change. Hence change is constant

5 LIFE & THE MANAGEMENT OF RISK There is always risk when we have change Clayton Osbourne - Operational Risk Management Specialist The greater the change the greater the risk. And change is constant so risk is constant.

6 LIFE & THE MANAGEMENT OF RISK But change fosters development! Clayton Osbourne - Operational Risk Management Specialist The more rapid the change - the faster the development

7 LIFE & THE MANAGEMENT OF RISK Change that is unregulated leads to chaos Clayton Osbourne - Operational Risk Management Specialist But over regulation stifles growth So what do we do?

8 LIFE & THE MANAGEMENT OF RISK We manage risks and therefore change. Clayton Osbourne - Operational Risk Management Specialist How? Risk Management Risk Management

9 LIFE & THE MANAGEMENT OF RISK Risk Management Clayton Osbourne - Operational Risk Management Specialist Operational risk management Financial risk management

10 LIFE & THE MANAGEMENT OF RISK Operational Risk Management Clayton Osbourne - Operational Risk Management Specialist Health & Safety Environmental management Quality / Process Assurance Innovation / Creative Management

11 WHY OCCUPATIONAL SAFETY AND HEALTH ? It is intrinsic to us and is common sense. Clayton Osbourne - Operational Risk Management Specialist Promotes change of mindsets and attitudes. Creates organized and disciplined minds Creates risk aware and control culture.

12 Under the common law the primary duty of employers is to protect all workers from occupational accidents and illnesses. WHY OCCUPATIONAL SAFETY AND HEALTH ? 1.It is our duty under the law Clayton Osbourne - Operational Risk Management Specialist

13 The Occupational Safety and Health Act is a piece of legislation set up for the protection of workers in the working environment WHY OCCUPATIONAL SAFETY AND HEALTH ? 2.Duty under Legislation Clayton Osbourne - Operational Risk Management Specialist

14 Management has a responsibility on par with other managerial tasks such as setting production targets, ensuring the quality of products or providing customer service to provide safe workplaces. 3. A Management Task WHY OCCUPATIONAL SAFETY AND HEALTH ? Clayton Osbourne - Operational Risk Management Specialist

15 TO PROVIDE A SAFE AND HEALTHY WORKING ENVIRONMENT FREE FROM ILL HEALTH AND ACCIDENTS 4. BECAUSE WE CARE What I do for a living shouldn’t kill me WHY OCCUPATIONAL SAFETY AND HEALTH? Clayton Osbourne - Operational Risk Management Specialist

16 occupational safety and health is now being used as a bargaining chip in international trade/labour negotiations 5. International Negotiations WHY OCCUPATIONAL SAFETY AND HEALTH? Clayton Osbourne - Operational Risk Management Specialist

17 OCCUPATIONAL SAFETY AND HEALTH SYSTEMS IMPACTS POSITIVELY ON PRODUCTION AND PRODUCTIVITY WHY OCCUPATIONAL SAFETY AND HEALTH? Clayton Osbourne - Operational Risk Management Specialist 6.POSITIVELY IMPACTS PRODUCTIVITY

18 PROTECTION OF THE WORKFORCE ACCIDENT PREVENTION PRODUCTIVITY AND EFFICIENCY Unions/ Workers Government Employers FOUNDATION OF THE OCCUPATIONAL SAFETY AND HEALTH Clayton Osbourne - Operational Risk Management Specialist

19 Low regard for safety High regard for safety High production inputs low production inputs Mediocre productivity High productivity Mediocre productivity The nexus between OSH practices and productivity Low productivity Clayton Osbourne - Operational Risk Management Specialist

20 Health and safety standards provides make our business globally competitive THE OSH LAW SETS STANDARDS WHY OCCUPATIONAL SAFETY AND HEALTH? Clayton Osbourne - Operational Risk Management Specialist

21 APPLICATION OF OSH ACTS OSH ACTS APPLY TO ALL BRANCHES OF ECONOMIC ACTIVITY AND TO ALL OWNERS, EMPLOYERS AND WORKERS IN ALL SUCH BRANCHES Clayton Osbourne - Operational Risk Management Specialist

22 MAIN FEATURES OF THE OSH BILL SAFETY AND HEALTH COMMITTEE SAFETY AND HEALTH LEGISLATION JOINT RESPONSIBILITY SYSTEM DUTIES OF EMPLOYERS DUTIES OF EMPLOYEES RIGHTS OF WORKERS MINISTERIAL ORDER ENFORCEMENT Clayton Osbourne - Operational Risk Management Specialist

23 Notification of accidents, dangerous occurrences and occupational illnesses. JOSHA Also makes general provisions for :- Penalties for breaches of sections of the Act and regulations Power of Safety inspector to issue stop orders and improvement notices Clayton Osbourne - Operational Risk Management Specialist

24 must involve everyone from the chief executive officer of the company to the shop floor sweeper JOINT WORKPLACE RESPONSIBILITY SYSTEM Clayton Osbourne - Operational Risk Management Specialist

25 DUTIES OF OWNERS AND MANAGERS Clayton Osbourne - Operational Risk Management Specialist

26 To preserve the rights of workers to seek redress for injuries they receive while in employment, the OSH legislation imposes specific duties on owners/managers DUTIES OF OWNERS AND MANAGERS Clayton Osbourne - Operational Risk Management Specialist

27 DUTIES OF EMPLOYERS Take every reasonable precaution to protect the worker by providing such equipment or device that may be necessary for the protection of the worker at work Clayton Osbourne - Operational Risk Management Specialist

28 to Inform the worker of the requirements for OSH by preparing a written occupational Safety and Health Policy and display it in a conspicuous location in the workplace DUTIES OF EMPLOYERS Clayton Osbourne - Operational Risk Management Specialist

29 to provide special protection for pregnant women in the workplace DUTIES OF EMPLOYERS Clayton Osbourne - Operational Risk Management Specialist

30 Ensure that the physical structure of the workplace is sound with respect to the work performed there. DUTIES OF EMPLOYERS Ensure that work in the workplace is carried out in an environmentally safe manner Clayton Osbourne - Operational Risk Management Specialist

31 DUTIES OF EMPLOYERS Assist and cooperate with joint safety and health committees and representatives. Not employ underage workers or knowingly permit underage persons in or near the workplace Clayton Osbourne - Operational Risk Management Specialist

32 Provide information, instruction, supervision, assistance, and training to the workers in support of the occupational safety and health programme DUTIES OF EMPLOYERS Clayton Osbourne - Operational Risk Management Specialist

33 Keep such records relating to The handling and storage of chemicals or other substances in use at the workplace The exposure of workers to chemicals and other substances at the workplace DUTIES OF EMPLOYERS Clayton Osbourne - Operational Risk Management Specialist

34 Although the Act also prescribes duties for workers the overriding emphasis is on the duties of employers this is so because employers have control over the work environment and the duty and empowerment to manager and control the work environment in safe and healthy manner. DUTIES OF EMPLOYEES Clayton Osbourne - Operational Risk Management Specialist

35 To act in due regard to safety health policy of the organization DUTIES OF EMPLOYEES Conform with the requirements of the Act and its Regulations Operate in a safe and healthy manner so as not to prejudice the safety and health of others or him self or cause damage to tools and materials Clayton Osbourne - Operational Risk Management Specialist

36 Under the ACT supervisors, OSH representatives are required to be certified by the Director of OSH to be competent persons to supervise or direct safety and health programmes in the workplace CERTIFIED OSH PRACTITIONER Clayton Osbourne - Operational Risk Management Specialist

37 Legislation specific rights are not prescribed for owners however it is implicit that owners/managers can make safety and health rules and prescribe penalties for breaches at the workplace THE RIGHTS OF MANAGEMENT Clayton Osbourne - Operational Risk Management Specialist

38 Legislation workers have been assigned rights to assist with protecting their safety and health at the work place THE RIGHTS OF WORKERS Clayton Osbourne - Operational Risk Management Specialist

39 Workers have the right to be part of the process of identifying and resolving workplace safety and health concerns. THE RIGHTS OF WORKERS THE RIGHT TO PARTICIPATE Clayton Osbourne - Operational Risk Management Specialist

40 Workers have the right to know about potential hazards to which they may be exposed. This means the right to be trained and to have information on machinery, equipment, working conditions, processes and hazardous chemicals. THE RIGHTS OF WORKERS THE RIGHT TO KNOW Clayton Osbourne - Operational Risk Management Specialist

41 THE RIGHT TO REFUSE UNSAFE WORK THE RIGHTS OF WORKERS Workers have the right to refuse work that they believe is dangerous to either their own safety and health or that of another worker. Clayton Osbourne - Operational Risk Management Specialist

42 However there is an exact process for refusing dangerous work and the responsibilities of the employer in responding to such a refusal. THE RIGHT TO REFUSE UNSAFE WORK THE RIGHTS OF WORKERS Clayton Osbourne - Operational Risk Management Specialist

43 Workers have the right to be free of reprisals, real or threatened, when acting in compliance with this Act or the regulations or seeking the enforcement of this Act or the regulations, for example by contacting an inspector or giving evidence in a proceeding relative to this Act or the regulation. THE RIGHT TO BE FREE OF REPRISALS THE RIGHTS OF WORKERS Clayton Osbourne - Operational Risk Management Specialist

44 The ACT prescribes the appointment of inspectors under the act to carryout inspections and ensure compliance with the law. OSH INSPECTORS OSH INSPECTORS Clayton Osbourne - Operational Risk Management Specialist

45 A Safety and Health Officer assigned to the Ministry of Labour may conduct workplace inspection unannounced, and, expect under special circumstances, there is no obligation to giving an employer prior notice. OSH INSPECTORS OSH INSPECTORS Clayton Osbourne - Operational Risk Management Specialist

46 DUTIES OF INSPECTORS DUTIES OF INSPECTORS To ensure compliance To ensue the joint workplace system is working To respond to specific complaints To provide advice and guidance Clayton Osbourne - Operational Risk Management Specialist

47 where there are violations of the Act or the regulations, the inspector will issue written orders to the employer to comply with the law within a certain period of time, or if the hazard is imminent, to comply immediately. DUTIES OF INSPECTORS DUTIES OF INSPECTORS Clayton Osbourne - Operational Risk Management Specialist

48 The order will be to either prohibit or restrict the presence, use or intended use of a hazardous chemical, physical agent or biological agent in the workplace INSPECTORS ORDER Clayton Osbourne - Operational Risk Management Specialist

49 A copy of the order or report must be posted in the workplace where it is most likely to be seen by the workers INSPECTORS ORDER Clayton Osbourne - Operational Risk Management Specialist

50 The inspector is authorized to enter, at reasonable times, any site, location, or facility where work is taking place for the purpose of investigation or inspection DUTIES OF INSPECTORS DUTIES OF INSPECTORS Clayton Osbourne - Operational Risk Management Specialist

51 the Director of OSH may direct that where special test and examination of the workplace is required that it may be done at the owner/manager expenses AUTHORITY OF THE OSH DIRECTORSHIP AUTHORITY OF THE OSH DIRECTORSHIP Clayton Osbourne - Operational Risk Management Specialist

52 Require that a workplace or parts of it not be used pending investigation, enquiry or or inspection AUTHORITY OF THE OSH DIRECTORSHIP AUTHORITY OF THE OSH DIRECTORSHIP Clayton Osbourne - Operational Risk Management Specialist

53 Require any equipment, machinery or device be put out of use pending the carrying out of test and examination by technical examiners. AUTHORITY OF THE OSH DIRECTORSHIP AUTHORITY OF THE OSH DIRECTORSHIP Clayton Osbourne - Operational Risk Management Specialist

54 Chemical inventory Preparation and maintenance of MSDS Labeling of hazardous chemicals Training for the safe use and handling of hazardous chemicals HAZARDOUS CHEMICALS HAZARDOUS CHEMICALS Clayton Osbourne - Operational Risk Management Specialist

55 Any worker, manager, or owner who is aggrieved by the actions of the Director of Inspectors or an order by the inspector may appeal this grievance to the tribunal setup under the ACT. APPEALS PROCESS APPEALS PROCESS Clayton Osbourne - Operational Risk Management Specialist

56 OFFENCES AND PENALTIES OFFENCES AND PENALTIES The ministry may prosecute any person and or organization for a violation of the Act or the Regulations or for failing to comply with an order of an inspector. Clayton Osbourne - Operational Risk Management Specialist

57 OFFENCES AND PENALTIES OFFENCES AND PENALTIES Any person who interferes with or obstruct an inspector, joint committee, or safety and health representative in the execution of his/her duties is guilty of an offence. Clayton Osbourne - Operational Risk Management Specialist

58 organizational auditsorganizational audits – is your organization ready for the new push in health and safety. WHAT NEXT? WHAT NEXT? Clayton Osbourne - Operational Risk Management Specialist

59 the education, training and certification of safety professionals and workforce WHAT NEXT? WHAT NEXT? The implementation of the joint workplace system in workplaces. The design and implementation of safety management systems Clayton Osbourne - Operational Risk Management Specialist

Labour -Management Cooperation Labour - Management Cooperation in Progressive organizations for safety and health programmes 60 Clayton Osbourne - Operational Risk Management Specialist

Labour - Management Cooperation Joint OSH Committee Consists of Labour and Management representatives Decisions to be enforced through management Committee must be allowed time to address OSH concerns To be given budgetary support 61 Areas of Cooperation Clayton Osbourne - Operational Risk Management Specialist

Labour - Management Cooperation current Issues in safety and health Concerns HIV/AIDS Carcinomas Respiratory illnesses Chemical exposure EMF & CTD Safety and health in non-traditional areas such as offices 62 Areas of Cooperation Clayton Osbourne - Operational Risk Management Specialist

Labour - Management Cooperation Labour Codes Environmental concerns ILO Declarations Child Labour Forced Labour Safety laws and Legislation OSH Act and Regulations 63 Areas of Cooperation National and International Issues Clayton Osbourne - Operational Risk Management Specialist

Labour - Management Cooperation Inspection and Monitoring Plant or Site Inspections and Audits Legislated requirements Professional standards Collective Agreements Hazard Monitoring Safety Standards 64 Areas of Cooperation Clayton Osbourne - Operational Risk Management Specialist

Labour - Management Cooperation Disaster Management Accident Investigations Emergency Evacuation Procedures Hurricane and Earthquake Preparation Fire Prevention Environmental Accidents & Management Emergency Response Mechanisms 65 Areas of Cooperation Clayton Osbourne - Operational Risk Management Specialist

Labour - Management Cooperation Wellness Programmes Exercise Sports Diet and Nutrition Health Education Injury Recovery and Rehabilitation 66 Areas of Cooperation Clayton Osbourne - Operational Risk Management Specialist

67 The End Clayton Osbourne - Operational Risk Management Specialist Telephone: