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THE ROLE OF OCCUPATIONAL HEALTH & SAFETY

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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THE ROLE OF OCCUPATIONAL HEALTH & SAFETY

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  1. 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

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

  3. 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

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

  5. 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

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

  7. 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

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

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

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

  11. 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

  12. 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

  13. 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

  14. 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

  15. 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

  16. 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

  17. 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

  18. 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

  19. 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

  20. 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

  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. 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

  23. 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

  24. 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

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

  26. 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

  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. 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

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

  30. 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

  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. 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

  33. 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

  34. 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

  35. 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

  36. 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

  37. 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

  38. 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

  39. 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

  40. 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

  41. 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

  42. 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

  43. 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

  44. 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

  45. 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

  46. 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. 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

  48. 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

  49. 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

  50. 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

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