1.3 THE ROLE OF NATIONAL AND

INTERNATIONAL BODIES IN FORMULATING A

FRAMEWORK FOR THE REGULATION OF HEALTH

AND SAFETY

1.3.1 THE ROLE AND FUNCTION OF INTERNATIONAL LABOR ORGANISATION (ILO) The ILO is a specialized agency of the UN that

seeks to promote social justice through establishing and safe guarding internationally recognized human and labor rights. It was founded in 1919 by the treaty of Versailles at the end of the first World War.

Its humanitarian organization. It was created as a tripartite with

governments, employers and workers represented on its governing body.

It helps in the stabilization of countries and governments from Civil unrest due to low wages, unsafe work, etc.

1.3.1 THE ROLE AND FUNCTION OF INTERNATIONAL LABOR ORGANISATION (ILO)

o The ILO formulates international labor standards and attempts to establish minimum rights including freedom of association, the right to organize, collective bargaining, abolition of forced labor, equality of opportunity and treatment and other standards that regulate conditions across all work-related activities.

o The ILO have 178 member states and it holds a International labour Conference once a year in Geneva to adopt standards and to decide on Policy and future programs of work.

1.3.1 THE ROLE AND FUNCTION OF INTERNATIONAL LABOR ORGANISATION (ILO) The main principles that the ILO is based on are :

1. Labour is not a commodity ( a business item)2. Freedom of expression and of association are

essential to sustained progress.3. Poverty anywhere constitutes a danger to prosperity

everywhere.4. The ‘War against want’ is required to be carried out

with unrelenting vigor (not easing effort) within each nation, and by continuous and concerted international effort in which the representatives of workers and employers, enjoying equal status with those of governments, join with them in free discussion and democratic decision with a view to the promotion of common welfare.

1.3.1 THE ROLE AND FUNCTION OF INTERNATIONAL LABOR ORGANISATION (ILO) The ILO is trying to eliminate child

labour through out the world by 1. Implementing measures which will

prevent child labour;2. Withdrawing children from dangerous

working conditions3. Providing alternatives; and 4. Improving working conditions as a

transitional measure towards the elimination of child labour.

1.3.2 ILO CONVENTIONS AND RECOMMENDATIONS The International labour standards ILS were

developed for four reasons

To improve working conditions with respect to health and safety and career advancement.

To reduce the potential for social unrest as industrialization progressed.

The member states want same working conditions so that no one country have better working condition over the other.

Finally, the union of these countries creates the possibility of a lasting peace based on social justice.

1.3.2 ILO CONVENTIONS AND RECOMMENDATIONS The ILS are adopted by the IL

Conference. They take the form of Conventions and Recommendations.

1. 187 Conventions 2. 198 Recommendations

States that ratifies a convention must comply with all its articles regardless of its different legal system, or culture or historical backgrounds.

1.3.2 ILO CONVENTIONS AND RECOMMENDATIONS ILO occupational safety and health standards can be divided into

four groups, and an example is given in each case.1. Guiding policies

(The ILS emphasize the need for a preventive measures and coherent national policy on occupational safety and health)

2. Protection in given branches of economic activity(The health and safety in construction convention 1988 (no167) and its recommendation (No 175) stipulates the basic principles measures to promote safety and health of workers in construction.

3. Protection against specific risks (The asbestos convention 1986 (no 162) and its accompanying Recommendation (no 172) give managerial, technical and medical measures to protect against asbestos dust.

4. Measures of protection (Migrant workers , convention 1975 (No 143) aims to protect the safety and health of migrant workers.

1.3.2 ILO CONVENTIONS AND RECOMMENDATIONS Definitions1. ILO conventions are international

treaties signed by ILO member states and each country has an obligation to comply with the standards that the convention establishes.

2. ILO Recommendations are non-binding instruments that are often deal with the same topics as Conventions

1.3.2 ILO CONVENTIONS AND RECOMMENDATIONS The supervision IL standards is conducted by requiring

member states to submit reports showing that each member have complied with conventions it had ratified.

Employers and employees organizations, in member states, can initiate proceedings against a member state that have not complied with Conventions that it had ratified

Member states can proceed hearings against member states that also have not complied to conventions that it had ratified.

A special procedure exist to deal with complaints submitted by governments or employers or employees organizations against member states regardless if the concerned country have ratified the convention.

1.3.2 ILO CONVENTIONS AND RECOMMENDATIONSPublished by the ILO Conventions (Brief statements) Recommendations (Additional aspects

to the subject) Code of practice, (more detailed

information that recommendation) guidance and manuals of Health and safety

1.3.3 LEVELS OF DUTYThe three levels of duty are

Absolute duty

Practicable

Reasonably practicable

1.3.3 LEVELS OF DUTY1. Absolute Duty

This is the highest level of duty and occurs when the risk of injury is so high that the injury is inevitable unless safety precautions are taken. Mostly absolute duty is placed on the employer. Example is the need for written safety policies, risk assessments, information and training.

2. Practicable‘If the duty is technically possible or feasible then it must be done irrespective of any difficulty, inconvenience or cost’. Its more often used than the absolute duty.

1.3.3 LEVELS OF DUTY3. Reasonably practicable

This is the most common used and it means that ‘if the risk of injury is very small compared to the cost, time, and effort required to reduce it, no action is necessary. Time, money and trouble should grossly outweigh, not balance the risk. This needs risk assessment and judgment by the employer.

1.3.3 LEVELS OF DUTY

1.3.4 EMPLOYERS’ DUTIES AND RESPONSIBILITIESa) To provide and maintain workplaces,

machinery and equipment, and use work methods which are as safe and without risk and health as is reasonably practical.

b) To give necessary instructions and training that tae into account the functions and capabilities of different categories.

c) To provide adequate supervision of work practices ensuring that proper use is made of relevant occupational Health and Safety measures.

1.3.4 EMPLOYERS’ DUTIES AND RESPONSIBILITIESd) To institute suitable occupational

health and safety management arrangements appropriate to the working environment, the size of the undertaking and the nature of activities; and

e) To provide, without any cost to the worker adequate personal protective clothing and equipment which are reasonably necessary when workplace hazards can not be otherwise prevented or controlled.

1.3.5WORKERS’ RIGHTS AND RESPONSIBILITIES In he 1998, ILO member states adopted the

Declaration on Fundamental Principles and rights at work and agreed to uphold a set of core labor standards. The ILO actively campaign to improve the following four areas in the declaration.

1. Freedom of association ; Everyone ( Employees and employers have the right to form or join organizations of their choice as a part of free and open society and this is linked to right of collective bargaining.

2. Forced Labor : ILO is pressing for effective national laws and stronger enforcement mechanisms, such as legal sanctions and prosecution against exploit forced laborers.

1.3.5WORKERS’ RIGHTS AND RESPONSIBILITIES3. Discrimination : Discrimination stifles

opportunities , wasting human talent needed for economic progress, accentuating social tensions and inequalities.

4. Child Labour: more than 200 Million working through out the world who is deprived from education, good health, and basic freedom. Of these 126-million or one every 12 children are exposed to hazardous form of child labor that endangers their physical , mental or moral well being

1.3.5WORKERS’ RIGHTS AND RESPONSIBILITIES The rights of workers are included in the

code of practice –Ambient factors in the workplace. The code specifies that Workers and their representatives have the right to

a) Be consulted regarding any hazards or risks to H&S from hazardous factors at the workplace.

b) Enquire and receive information from the employer regarding any hazard or risk to the H&S from hazards factors at the work place. The information should be in a form that is understandable to the workers.

1.3.5WORKERS’ RIGHTS AND RESPONSIBILITIESc) Tae adequate precautions , in co-

operation with their employer, to protect themselves and other workers against hazards or risks to their H&S

d) Requests and be involved in the assessment of hazards to the H&S by the employer and or the competent authority and in any subsequent control measure.

e) Be in involved in the inception and development of workers’ health surveillance and participate in its implementation.

1.3.5WORKERS’ RIGHTS AND RESPONSIBILITIESf) Be informed in a timely, objective and

comprehensive manner i. Of the reason for any examination and

investigation related to the health hazards at their workplace.

ii. Individually be informed of the medical exam result, including pre-assessment medical exam, and the subsequent assessment of health.

1.3.5WORKERS’ RIGHTS AND RESPONSIBILITIES In Accordance to National laws and regulations

workers should have the right to a) To bring to their representatives, employer, or

competent authority any hazards or risk to H&S at their workplace.

b) To appeal to the competent authority if they consider that the measures taken and means employed by the employer are inadequate for the purposes of ensuring health and safety at work.

c) To remove them selves from a hazardous situation when they have a good reason to believe that there is a serious risk to their H&S, and inform their supervisors immediately.

1.3.5WORKERS’ RIGHTS AND RESPONSIBILITIESd) In case of a health condition such as sensitization,

to be transferred to alternative work that does not expose them to hazard, provided they worker can do it, or get trained to do it.

e) To Compensation, if in d) the case for the worker to result in loss of employment.

f) To adequate medical treatment or compensation for occupational injuries and diseases resulting from hazards at the work place.

g) To refrain from using any equipment or process or substance which can be reasonably considered as hazards, if relevant information is not available to assess the hazards and risks to H&S.

1.3.5WORKERS’ RIGHTS AND RESPONSIBILITIES Workers responsibilities a) Take reasonable care for their own and other

workers own safety and others who may be affected by their acts or omission of work.

b) Comply with instructions given for their own health and safety and those of others and with health and safety procedures.

c) Use safety devices and protective equipment correctly and render them inoperative.

d) Report forthwith to their immediate supervisor any situation that they have a reason to believe could present hazard, and which they cannot themselves correct.

1.3.5WORKERS’ RIGHTS AND RESPONSIBILITIESe) Report any accident or injury to health

which arises in the course of or in connection with work.

1.3.6 ROLE OF ENFORCEMENT AGENCIES

1.3.6 ROLE OF ENFORCEMENT AGENCIES The legal frameworkThe framework will vary across the world,

European countries use EU framework, the pacific rim countries use the USA framework, whereas the Caribbean countries use the UK frame work. The framework consist of

Acts Regulations Support material including code of practice and

standards. Within Europe there is another layer of legislation

known as Directives, above the members state own legislative. This is binding

1.3.6 ROLE OF ENFORCEMENT AGENCIES Regulatory authorities and safety

management systems; The role of regulatory authority is crucial

to the successful implementation of a safety management system.

Auditing normally is done by a third part entity government.

In USA organizations with approved management systems may be exempted from normal inspections by the occupational safety and health administration.

1.3.6 ROLE OF ENFORCEMENT AGENCIES

Consequences of non-compliance1. Loss of competitive advantage 2. Inability of compete for certain contracts3. Fines and 4. Imprisonment

In direct Consequences include 5. A high staff turnover 6. Poor levels of health and safety competences7. A high sickness, ill-health and absentee rate among

the workforce8. A lack of compliance with relevant health and safety

law and safety rules and procedures of the organization, and

9. Higher insurance premiums

1.3.7 INTERNATIONAL STANDARDS International Organization for Standardization

(ISO) ISO attempts to ensure that desirable

characteristics of products and services are ensured such as Quality, Environmental friendliness, Reliability, Efficiency, Interchangeability.

ISO make development, manufacture, and supply of products and services more efficient.

ISO has more than 18500 International standards of which the vast majority are specific to a particular product, material or process.

1.3.7 INTERNATIONAL STANDARDS ISO 9001 Quality and ISO 14001

Environment are generic management system standards.

Meaning it can be applied to any kind of organization, Large or small, whatever its product is in any sector of business government, enterprise, manufacturing .etc

OHSMS-Occupational Health and Safety Management System is used as part of risk management strategy to adopt to changing legislation and protect their workforce.

1.3.7 INTERNATIONAL STANDARDS OHSAS 18001Adress the following key areas1. Planning for hazard identification , risk

assessment and risk control2. OHSAS management program;3. Structure and responsibility4. Training, awareness and competence 5. Consultation and communication6. Operational control7. Emergency preparedness and response8. Performance measuring, monitoring and

improvement.

1.3.7 INTERNATIONAL STANDARDS Benefits of OHSAS1. Help reduce insurance costs2. Demonstrate credibility and confidence

to support the retention of existing clients and help win new businesses.