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THE ROLE OF OCCUPATIONAL HEALTH & SAFETY. HOW DOES OCCUPATIONAL HEALTH & SAFETY (OSH) IMPACT OUR SOCIETIES & BUSINESSES. A look at the new OSH Law. Presented By: Clayton Osbourne Operational Risk Management Specialist. LIFE & THE MANAGEMENT OF RISK. Only two things are certain in Life.

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slide1

THE ROLE OF OCCUPATIONAL HEALTH & SAFETY

HOW DOES OCCUPATIONAL HEALTH & SAFETY (OSH) IMPACT OUR SOCIETIES & BUSINESSES.

A look at the new OSH Law

Presented By: Clayton Osbourne

Operational Risk Management Specialist

Clayton Osbourne - Operational Risk Management Specialist

slide2

LIFE & THE MANAGEMENT OF RISK

Only two things are certain in Life

Death and Change

Clayton Osbourne - Operational Risk Management Specialist

slide3

LIFE & THE MANAGEMENT OF RISK

If birth is the beginning and death is the end

Then change is what occurs between birth & death

Clayton Osbourne - Operational Risk Management Specialist

slide4

LIFE & THE MANAGEMENT OF RISK

Hence life = change.

Hence change is constant

Clayton Osbourne - Operational Risk Management Specialist

slide5

LIFE & THE MANAGEMENT OF RISK

There is always risk when we have change

The greater the change the greater the risk.

And change is constant so risk is constant.

Clayton Osbourne - Operational Risk Management Specialist

slide6

LIFE & THE MANAGEMENT OF RISK

But change fosters development!

The more rapid the change -

the faster the development

Clayton Osbourne - Operational Risk Management Specialist

slide7

LIFE & THE MANAGEMENT OF RISK

Change that is unregulated leads to chaos

But over regulation stifles growth

So what do we do?

Clayton Osbourne - Operational Risk Management Specialist

slide8

LIFE & THE MANAGEMENT OF RISK

We manage risks and therefore change.

How?

Risk Management

Clayton Osbourne - Operational Risk Management Specialist

slide9

LIFE & THE MANAGEMENT OF RISK

Risk Management

Operational risk management

Financial risk management

Clayton Osbourne - Operational Risk Management Specialist

slide10

LIFE & THE MANAGEMENT OF RISK

Operational Risk Management

Health & Safety

Environmental management

Quality / Process Assurance

Innovation / Creative Management

Clayton Osbourne - Operational Risk Management Specialist

slide11

WHY OCCUPATIONAL SAFETY AND HEALTH ?

It is intrinsic to us and is common sense .

Promotes change of mindsets and attitudes.

Creates organized and disciplined minds

Creates risk aware and control culture.

Clayton Osbourne - Operational Risk Management Specialist

slide12

WHY OCCUPATIONAL SAFETY AND HEALTH ?

1. It is our duty under the law

Under the common lawthe primary duty of employers is to protect all workers from occupational accidents and illnesses.

Clayton Osbourne - Operational Risk Management Specialist

slide13

WHY OCCUPATIONAL SAFETY AND HEALTH ?

2. Duty under Legislation

The Occupational Safety and Health Act is a piece of legislation set up for the protection of workers in the working environment

Clayton Osbourne - Operational Risk Management Specialist

slide14

WHY OCCUPATIONAL SAFETY AND HEALTH ?

3. A Management Task

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.

Clayton Osbourne - Operational Risk Management Specialist

slide15

WHY OCCUPATIONAL SAFETY AND HEALTH?

4. BECAUSE WE CARE

TO PROVIDE A SAFE AND HEALTHY WORKING ENVIRONMENT FREE FROM ILL HEALTH AND ACCIDENTS

What I do for a living shouldn’t kill me

Clayton Osbourne - Operational Risk Management Specialist

slide16

WHY OCCUPATIONAL SAFETY AND HEALTH?

5. International Negotiations

occupational safety and health is now being used as a bargaining chip in international trade/labour negotiations

Clayton Osbourne - Operational Risk Management Specialist

slide17

WHY OCCUPATIONAL SAFETY AND HEALTH?

  • POSITIVELY IMPACTS PRODUCTIVITY

OCCUPATIONAL SAFETY AND HEALTH SYSTEMS IMPACTS POSITIVELY ON PRODUCTION AND PRODUCTIVITY

Clayton Osbourne - Operational Risk Management Specialist

slide18

FOUNDATION OF THE OCCUPATIONAL SAFETY AND HEALTH

PROTECTION OF THE WORKFORCE

Unions/ Workers

Government

Employers

ACCIDENT PREVENTION

PRODUCTIVITY AND EFFICIENCY

Clayton Osbourne - Operational Risk Management Specialist

slide19

The nexus between OSH practices and productivity

High production inputs

High productivity

Mediocre productivity

High regard for safety

Low regard for safety

Mediocre productivity

Low productivity

low production inputs

Clayton Osbourne - Operational Risk Management Specialist

slide20

WHY OCCUPATIONAL SAFETY AND HEALTH?

THE OSH LAW SETS STANDARDS

Health and safety standards provides make our business globally competitive

Clayton Osbourne - Operational Risk Management Specialist

slide21

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

slide22

SAFETY AND HEALTH LEGISLATION

MAIN FEATURES OF THE OSH BILL

  • JOINT RESPONSIBILITY SYSTEM
  • DUTIES OF EMPLOYERS
  • DUTIES OF EMPLOYEES
  • RIGHTS OF WORKERS
  • MINISTERIAL ORDER
  • ENFORCEMENT
  • SAFETY AND HEALTH COMMITTEE

Clayton Osbourne - Operational Risk Management Specialist

slide23

JOSHA

Also makes general provisions for :-

  • Notification of accidents, dangerous occurrences and occupational illnesses.
  • Power of Safety inspector to issue stop orders and improvement notices
  • Penalties for breaches of sections of the Act and regulations

Clayton Osbourne - Operational Risk Management Specialist

slide24

JOINT WORKPLACE RESPONSIBILITY SYSTEM

must involve everyone from the chief executive officer of the company to the shop floor sweeper

Clayton Osbourne - Operational Risk Management Specialist

slide25

DUTIES OF OWNERS AND MANAGERS

Clayton Osbourne - Operational Risk Management Specialist

slide26

DUTIES OF OWNERS AND MANAGERS

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

Clayton Osbourne - Operational Risk Management Specialist

slide27

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

slide28

DUTIES OF EMPLOYERS

  • 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

Clayton Osbourne - Operational Risk Management Specialist

slide29

DUTIES OF EMPLOYERS

  • to provide special protection for pregnant women in the workplace

Clayton Osbourne - Operational Risk Management Specialist

slide30

DUTIES OF EMPLOYERS

  • Ensure that work in the workplace is carried out in an environmentally safe manner
  • Ensure that the physical structure of the workplace is sound with respect to the work performed there.

Clayton Osbourne - Operational Risk Management Specialist

slide31

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

slide32

DUTIES OF EMPLOYERS

  • Provide information, instruction, supervision, assistance, and training to the workers in support of the occupational safety and health programme

Clayton Osbourne - Operational Risk Management Specialist

slide33

DUTIES OF EMPLOYERS

  • 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

Clayton Osbourne - Operational Risk Management Specialist

slide34

DUTIES OF EMPLOYEES

  • 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.

Clayton Osbourne - Operational Risk Management Specialist

slide35

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
  • To act in due regard to safety health policy of the organization

Clayton Osbourne - Operational Risk Management Specialist

slide36

CERTIFIED OSH PRACTITIONER

  • 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

Clayton Osbourne - Operational Risk Management Specialist

slide37

THE RIGHTS OF MANAGEMENT

  • 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

Clayton Osbourne - Operational Risk Management Specialist

slide38

THE RIGHTS OF WORKERS

  • Legislation workers have been assigned rights to assist with protecting their safety and health at the work place

Clayton Osbourne - Operational Risk Management Specialist

slide39

THE RIGHTS OF WORKERS

  • THE RIGHT TO PARTICIPATE

Workers have the right to be part of the process of identifying and resolving workplace safety and health concerns.

Clayton Osbourne - Operational Risk Management Specialist

slide40

THE RIGHTS OF WORKERS

  • THE RIGHT TO KNOW

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.

Clayton Osbourne - Operational Risk Management Specialist

slide41

THE RIGHTS OF WORKERS

THE RIGHT TO REFUSE UNSAFE WORK

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

slide42

THE RIGHTS OF WORKERS

THE RIGHT TO REFUSE UNSAFE WORK

However there is an exact process for refusing dangerous work and the responsibilities of the employer in responding to such a refusal.

Clayton Osbourne - Operational Risk Management Specialist

slide43

THE RIGHTS OF WORKERS

THE RIGHT TO BE FREE OF REPRISALS

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.

Clayton Osbourne - Operational Risk Management Specialist

slide44

OSH INSPECTORS

The ACT prescribes the appointment of inspectors under the act to carryout inspections and ensure compliance with the law.

Clayton Osbourne - Operational Risk Management Specialist

slide45

OSH INSPECTORS

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.

Clayton Osbourne - Operational Risk Management Specialist

slide46

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

slide47

DUTIES OF INSPECTORS

  • 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.

Clayton Osbourne - Operational Risk Management Specialist

slide48

INSPECTORS ORDER

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

Clayton Osbourne - Operational Risk Management Specialist

slide49

INSPECTORS ORDER

  • A copy of the order or report must be posted in the workplace where it is most likely to be seen by the workers

Clayton Osbourne - Operational Risk Management Specialist

slide50

DUTIES OF INSPECTORS

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

Clayton Osbourne - Operational Risk Management Specialist

slide51

AUTHORITY OF THE OSH DIRECTORSHIP

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

Clayton Osbourne - Operational Risk Management Specialist

slide52

AUTHORITY OF THE OSH DIRECTORSHIP

Require that a workplace or parts of it not be used pending investigation, enquiry or or inspection

Clayton Osbourne - Operational Risk Management Specialist

slide53

AUTHORITY OF THE OSH DIRECTORSHIP

Require any equipment, machinery or device be put out of use pending the carrying out of test and examination by technical examiners.

Clayton Osbourne - Operational Risk Management Specialist

slide54

HAZARDOUS CHEMICALS

  • Chemical inventory
  • Preparation and maintenance of MSDS
  • Labeling of hazardous chemicals
  • Training for the safe use and handling of hazardous chemicals

Clayton Osbourne - Operational Risk Management Specialist

slide55

APPEALS PROCESS

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.

Clayton Osbourne - Operational Risk Management Specialist

slide56

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

slide57

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

slide58

WHAT NEXT?

  • organizational audits – is your organization ready for the new push in health and safety.

Clayton Osbourne - Operational Risk Management Specialist

slide59

WHAT NEXT?

  • The implementation of the joint workplace system in workplaces.
  • The design and implementation of safety management systems
  • the education, training and certification of safety professionals and workforce

Clayton Osbourne - Operational Risk Management Specialist

labour management cooperation
Labour -Management Cooperation

Labour - Management Cooperation in Progressive organizations for safety and health programmes

Clayton Osbourne - Operational Risk Management Specialist

labour management cooperation1
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

Areas of Cooperation

Clayton Osbourne - Operational Risk Management Specialist

labour management cooperation2
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

Areas of Cooperation

Clayton Osbourne - Operational Risk Management Specialist

labour management cooperation3
Labour - Management Cooperation
  • Labour Codes
  • Environmental concerns
  • ILO Declarations
    • Child Labour
    • Forced Labour
  • Safety laws and Legislation
    • OSH Act and Regulations

Areas of Cooperation

National and International Issues

Clayton Osbourne - Operational Risk Management Specialist

labour management cooperation4
Labour - Management Cooperation

Inspection and Monitoring

  • Plant or Site Inspections and Audits
  • Legislated requirements
  • Professional standards
  • Collective Agreements
  • Hazard Monitoring
  • Safety Standards

Areas of Cooperation

Clayton Osbourne - Operational Risk Management Specialist

labour management cooperation5
Labour - Management Cooperation

Disaster Management

  • Accident Investigations
  • Emergency Evacuation Procedures
  • Hurricane and Earthquake Preparation
  • Fire Prevention
  • Environmental Accidents & Management
  • Emergency Response Mechanisms

Areas of Cooperation

Clayton Osbourne - Operational Risk Management Specialist

labour management cooperation6
Labour - Management Cooperation

Wellness Programmes

  • Exercise
  • Sports
  • Diet and Nutrition
  • Health Education
  • Injury Recovery and

Rehabilitation

Areas of Cooperation

Clayton Osbourne - Operational Risk Management Specialist

slide67

The End

Email: Clayton.Osbourne@gmail.com ClaytonOsbourne@hotmail.com Telephone: 855-0253

Clayton Osbourne - Operational Risk Management Specialist