Osha Notes Part I

OCCUPATIONAL SAFETY AND HEALTH PART 1 WORKPLACE SAFETY AND HEALTH LEARNING OBJECTIVES Upon completing this topic, you will be able to: 1. Describe the nature and role of safety and health. 2. Be aware of several laws related to safety and health. 3. Understand the basic provisions of OSHA 4. Describe the characteristics of effective Safety programs. 5. Explain various other safety and health related issues in the workplace such cumulative trauma disorders, stress and burnout, wellness programs, workplace violence, AIDS and smoking. 6. Understand the Occupational Safety and Health Legislation 1994 CHAPTER 1 THE NATURE AND ROLE OF SAFETY AND HEALTH Safety involves protecting employees from injuries caused by work-related accidents. Health refers to employees' freedom from physical or emotional illness. Although line managers are primarily responsible for maintaining a safe and healthy work environment, human resource professionals provide staff expertise to help them deal with these issues. The human resource manager is frequently responsible for co-ordinating and monitoring specific programs WORKPLACE SAFETY AND THE LAW The government has passed numerous laws to regulate safety and health in the workplace. Before the Occupational Safety and Health Act (OSHA) was passed by Parliament in 1994, the Factories and Machinery Act, 1967 (FMA) regulated safety in the workplace through the Factories and Machinery Department. To deal with health-related matters, the Employees Social Security Act 1969, which establishes and insurance scheme for workers was introduced. The Workmen’s Compensation Act 1952 ensures that foreign workers are provided with insurance coverage. HISTORICAL PERSPECTIVE OF OSH DEVELOPMENT In the early state of country development, the economic structure depended heavily on agricultural and mining based activity. The growth of these sectors introduced various hazards to workers. The Selangor Boiler Enactment in 1892 was the first legislation to address industrial safety issues. In 1913, the Machinery Ordinance was enacted to ensure safety of machinery including boiler and internal combustion engines. The Machinery Ordinance 1913 was updated in 1932 (Machinery Enactment 1932) with additional provisions on registration and inspection of machinery installation. The Machinery Ordinance of 1953 superceded all previous legislation related to industrial safety, and was enforced in all the 11 states of Malaya under the jurisdiction of Machinery Department, Ministry of Labour. Early OSH legislation, the Federated Malay States Mining Enactment of 1926 and the Rump Labor Code of 1933 included public health provisions. Both these legislation required the provision of accommodation, sanitation, medical care and services, decent working conditions and livable wages for the mine and estate workers. Factories & Machinery Act 1967 In 1960s, the government implemented a policy to move towards industrialization. This resulted in an increasing number of workers in the manufacturing sector such as microelectronics, chemical and mineral based industries, and in later years textile and automobile industries. In order to manage the safety and health problems associated with manufacturing industries, the Factory and Machinery Act (FMA) was enacted in 1967 and enforced by the Factories and Machinery Department (previously known as Machinery Department). This Act and the regulations were the cornerstone for OSH improvement for the next three decades before the introduction of the Occupational Safety and Health Act 1994. Although the FMA was an improvement over earlier pieces of legislation, it had some important limitations. Among them was the fact that it only encompassed “factories” and hence covered only 23% of the workforce. It was prescriptive in nature, and based on traditional “checklist” system whereby hazards were identified and measures to overcome the hazards were stipulated. It also depended on command and control approaches and improvement was heavily dependent on the effectiveness of enforcement agencies. A number of regulations were introduced in 1970 to further strengthen the FMA 1967 .These regulations except for the Safety, Health and Welfare Regulation 1970 were primarily targeted in addressing safety problems. Provisions of first aid and welfare facilities e.g. drinking water, toilets and washing facility were included in the Safety, Health and Welfare Regulation 1970. From 1984 to 1989, four pieces of regulations addressing specific health hazards in the workplace – lead, asbestos, noise and mineral dust – were introduced. Provisions for assessing exposure at the workplace; establishing permissible exposure level (PEL); control measures including medical and health surveillance provisions; competence and training program were common to all these regulations. However, the process of introducing regulations covering other health hazard was slow. Table 1. List of regulations made under the FMA 1967. Regulations Year Certificate of Competency-Examination 1970 Electric Passenger and Good Lift 1970 Fencing of Machinery and Safety 1970 Notification of Fitness and Inspections 1970 Person-In-Charge 1970 Safety, Health & Welfare 1970 Steam Boiler & Unfired Pressure Vessel 1970 Administration 1970 Compounding of Offences 1978 Compoundable Offences 1978 Lead 1984 Asbestos Process 1986 Building Operations and Works of Engineering Construction 1986 (Safety) Noise Exposure 1989 Mineral Dust 1989 The occupational safety and health act (OSHA 1994) Although the FMA has been enforced for more than twenty-five years, the Department responsible for safety and health could not keep up with the growth industrialisation. Furthermore, the coverage of the FMA was limited to certain sectors of the economy. The government felt that there was a dire need to have a more comprehensive law to cover safety and health in the workplace. The Occupational Safety and Health Act (1994) is designed to make the workplace safer by ensuring that the work environment is free from hazards. This act mandates numerous safety standards and enforces these standards through a system of inspection, citations and fines. The main objectives of OSHA include securing the safety, health and welfare of person at work, protecting others against risks which regards to safety or health in connection with the activities of person at work, and promoting an environment that adapts to employees physiological and psychological needs Figure 1.1 : Objects of OSHA act Objects of the Act 1. To secure the safety, health and welfare of persons at work against risks to safety or health arising out of the activities of persons at work. 2. To protect persons at a place of work other than persons at work against risks to safety or health arising out of the activities of persons at work. 3. To promote an occupational environment for persons at work which is adapted to their physiological and psychological needs? 4. To provide the means whereby the associated occupational safety and health legislations may be progressively replaced by a system of regulations and approved industry codes of practice operating in combination with the provisions of this Act designed to maintain or improve the standards of safety and health. OSHA covers the following economic sectors: manufacturing; mining and quarrying; construction; agriculture; forestry and fishing; utilities; transport; storage and communications; wholesale and retail; hotel and restaurant; finance and insurance; public service and statutory authorities. Figure 1.2 Application of OSHA Application of the Law The OSHA 1994 apply throughout Malaysia to the industries as follows (First Schedule ) : • Manufacturing; • Mining and Quarrying; • Construction; • Agriculture, Forestry and Fishing; • Utilities such as Electricity, Gas, Water and sanitary Services; • Transport, Storage and Communication; • Wholesale and Retail Trades; • Hotels and Restaurants; • Finance, Insurance, Real Estate and Business Services • Public Services and Statutory Authorities Major Provisions Both employers and employees have responsibilities and rights under the Occupational Safety and Health Act. Employers with more than 40 employees, or those with less than 40 employees upon the directive of Director General of OSHA, must establish a safety and health committee. The functions of the committee are to: ✓ Review measures taken to ensure safety and health in the workplace ✓ nvestigate and resolve any matter that is not safe or is a risk to health brought up by employees and the employer. ✓ Request the Director General of OSHA to conduct investigation and intervene if the matter is not resolved. Under OSHA, employers must record and report work-related accidents and injuries. Employer should notify the nearest OSHA office of any accidents, dangerous occurrence, occupational poisoning or disease that occur at their place of work. The Act specifies the general duties and responsibilities of employers, employees and persons responsible for designing, manufacturing and supplying work-related plants and materials. An employer is responsible for the following: ✓ Providing and maintaining the safety of the plant and system, make sure it is without risk to health. ✓ Ensuring safety and absence of risks to health with the use, operation, handling, storage and transport of plant and substance. ✓ Providing information, instruction, training and supervision to ensure the safety and health at work of his employees. ✓ Providing and maintaining the premises. Make sure that the access and exits to the workplace are safe. ✓ Providing and maintaining a safe working environment and making sure that the facilities for the welfare of the employees are adequate. ✓ Formulate, revise and communicate safety and health policy ✓ Providing information that may affect the safety and health of person other than their employees. If the employer violates any of these provisions, they will be fined not exceeding RM50, 000 or imprisonment not exceeding 2 years, or both. Employees also have responsibilities under OSHA. Although they cannot be cited for violations, they must comply with the relevant safety and health standards. Every employee at work is responsible to take reasonable care of the safety and health of himself and persons who may be affected by his acts or omission at work. They should also co-operate with his employer, they should also report all hazardous conditions, and injuries or work related illness to their employer. Every employee at work is responsible to wear or use protective equipment or clothing and comply with any instruction or measure on safety and health instituted by his employer. Anyone who violates the above provisions will be fined not more than RM 1000 or imprisonment of not more than 3 months or both. Employee rights under OSHA include the right to file safety or health grievances and complaints to the government, participate in OSHA inspections, and request information on safety and health hazards without fear of discrimination or retaliation from their employer. Section 27 of the Act stipulates that an employer or trade union cannot discriminate employees who makes or complaint about safety and health committee, or who exercise his function as a member of safety and health committee. If not, they will be fined not more than RM10, 000 or jail not more than 1 year or both. The designers, manufacturers and suppliers are also duty bound to follow the requirements of OSHA. The penalties for violating the provisions are fine not exceeding RM20, 000 or imprisonment of not more than 2 years, or both. A person who designs, manufactures, imports or supplies any plant at work or substances is responsible to ensure that the plant is designed and constructed to be safe and without risks to health when properly used. Furthermore, the person should carry out necessary testing and examination of the plant and take necessary steps to secure and make available information in connection with the use of the plant at work. Enforcement and Investigation This Occupational Safety and Health Act 1994 is enforced by the Director General of Occupational Safety and Health, which is under the Ministry of Human Resources. OSHA officers have the power to conduct workplace inspections to make sure that organisations are complying with OSHA standards. OSHA officers may enter, inspect and examine any place of work with or without a search warrant. If the officer believes that a plant or substance has caused or likely to cause a danger to safety and health, he may request it to be dismantled or subjected to any test or confiscate it for further examination. Under section 48 of the Act, it is stated that upon inspection or examination, if it is found that the work place/substance/process pose a danger, the OSHA officer may: ✓ Issue an improvement notice requiring that the situation is rectified within a certain period or until the danger has been removed. ✓ Issue a prohibition notice prohibiting the use or operation of the work, plant, substance or process. CHAPTER 2 OSHA and the Reduction of Workplace Accidents In general, statistics from Department of Labour shows that the number of accidents increased every year from 1989 to 1992 as shown in Table 10.1 below. However, in 1995 the total number of workplace accidents dropped almost 14 percent from 1992. Could this be attributed to enforcement of OSHA? Government officials do claim so. The types of workplace accidents include employees falling, being struck by falling objects, stepping on or struck by objects, and being exposed to or in contact with electric current, extreme temperature, and harmful substance. Table 2.1 NUMBERS OF INDUSTRIAL ACCIDENTS BY SECTOR Sector 1989 1990 1991 1992 1995 Agriculture, Forestry & 37,644 39,365 35,619 34,033 20,465 2,281 2,677 1,870 1,976 1,016 46,609 56,247 63,594 70,176 62,483 Construction 3,187 3,631 3,854 4,008 4,406 Electricity, Gas, Water & 565 873 1,115 647 542 13,201 14,115 12,927 11,553 10,187 2,852 3,551 3,337 3,785 4,826 - 194 225 309 672 Fishing Mining & Quarrying Manufacturing & Processing Sanitary Service Commerce Transport, Storage & Communication Financial Institution & Insurance Service 3,783 569 773 1,718 3,412 Government Service - 3,126 3,968 3,840 6,125 Total 110,122 124,348 127,282 132,045 114,134 Source: Labour Department, and Social Security Organization (SOCSO) Ministry of Human Resources What Causes Accidents? Unsafe Conditions and Other Work-Related Factors Unsafe conditions are one main cause of accidents. Three Other Work-Related Accident Factors: the job itself, the work schedule, and the psychological climate of the workplace. What Causes Unsafe Acts (A Second Basic Cause of Accidents) Unfortunately, there are no easy answers to the question of what causes them. The consensus is that accident proneness is situational. Some accident repeaters are just unlucky, or may be more meticulous about reporting. Certain traits have been identified with accident proneness. TABLE 2.2 Total Accident Reported per 1,000 employee 25 22 21.2 17.7 Accident Reported 20 15.4 15 14 10.5 10.1 10.7 10.7 9.7 10.3 7.4 10 5 0 1992 1993 1994 1995TABLE 1996 2.31997 1998 Year 1999 2000 2001 2002 2003 TABLE 2.3 Reported Accident Accident Statistics 2003 35000 30000 25000 20000 15000 10000 5000 Public Services Services Financial & Insurance Transportation Trading Construction Electricity, Gas, Water, Sanitary Manufacturing Mining & Quarrying Agriculture, Forrestry, Fishing 0 Type of Industry Reported Permanent Disability Death How to Prevent Accidents Reducing Unsafe Conditions is always an employer’s first line of defense. Safety Engineers should design jobs to remove hazards, additionally, supervisors and managers should help identify and remove potential hazards. Reducing Unsafe Acts by Emphasizing Safety . It’s the supervisor’s responsibility to set the tone so subordinates want to work safely. Reducing Unsafe Acts Through Selection and Placement Screening is another way to reduce unsafe acts. The basic aim is to isolate the trait that might predict accidents on the job in question, and then screen candidates for this trait. Studies suggest that the Employee Reliability Inventory (ERI), which measures emotional maturity, conscientiousness, safe job performance, and courteous job performance, can help employers reduce unsafe acts at work. The ADA has particular relevance for safety-related screening decisions. Reducing Unsafe Acts through Training This is especially appropriate for new employees. OSHA has published two booklets: Training Requirements under OSHA and Teaching Safety and Health in the Workplace. Reducing Unsafe Acts through Motivation Posters, Incentive Programs, and Positive Reinforcement – have been successful at reducing workplace injuries. Positive Reinforcement Many employers stress positive reinforcement to improve safety. This segment discusses the experience of a wholesale bakery. The firm set and communicated a reasonable goal; trained the employees; then posted a graph with their pre-training safety record plotted and a list of safety rules. Observers walked through collecting safety data to provide workers with feedback on their safety performance as a form of positive reinforcement. Use Behavior-Based Safety This involves identifying the worker behaviors that contribute to accidents and then training workers to avoid these behaviors. Use Employee Participation There are at least two reasons to get the employees involved in designing the safety program. First, those actually doing the jobs are often management’s best source of ideas about what the potential problems are and how to solve them. Second, it is generally easier to get employees to accept and enthusiastically follow the safety program when they’ve had a hand in designing it. OCCUPATIONAL SAFETY AND HEALTH Conduct Safety and Health Audits and Inspections On all premises for possible safety and health problems, using checklists as aids. All accidents and near misses should be investigated. A system should be in place for employees to notify management about hazardous conditions. Controlling Workers Compensation Costs Controlling Worker's Compensation Costs can affect what a firm pays in worker compensation insurance premiums. ✓ Before the Accident - Costs can be controlled before the accident by removing unsafe conditions discussed above. ✓ After the Accident – Employers should provide first aid, and make sure the worker gets quick medical attention; document the accident; file required accident reports; and encourage a speedy return to work. ✓ Analyzing Claims – Claims-tracking software can help employers understand what’s driving their workers’ compensation claims. OCCUPATIONAL SAFETY AND HEALTH