Legal Aspects of Occupational Health & Safety(HRM)
Prime objective of OSH laws is to ensure, protection against any adverse effects arising out of any industrial activity or employment, to the lives, limbs and other faculties.
Legislation related to health & safety provide guidelines to protect people at workplaces.
Normally provide standards for employers, which are minimum requirements for which compliance is expected.
Three main pieces of legislation:
•Workmen’s Compensation Ordinance, No. 19 of 1934, which provides for the payment of compensation to workers who are injured in the course of their employment.
•Maternity Benefits Ordinance, No. 32 of 1939, which makes provision for the payment of maternity benefits to women workers and for other matters incidental to the employment of such women before and after their confinement.
Other legal provisions applicable to occupational health and safety:
Other labour legislations
•Shop and Office Employees Act, No. 19 of 1954
•Employment of Women and Young Children Act, No. 47 of 1956
•Wages Board Ordinance, No. 27 of 1941
Other relevant legislations
•Atomic Energy Authority Act, No. 19 of 1969
•Control of Pesticides Act, No. 33 of 1986
•Mines and Minerals Act, No. 33 of 1992
•Penal code
•Presidential directives
Factories
Ordinance
Definition of a Factory
•Factory means any premises in which, persons are employed in manual labour in any process for any of the following purposes, namely:
b)the altering, repairing, ornamenting, finishing, cleaning, washing, or the breaking up or demolition of any article
c)the adapting for sale of any article
d)the slaughter of cattle, sheep, swine, goats, horses, asses or mules
e)the confinement of the aforesaid animals while awaiting slaughter at other premises;
being premises in which, the work is carried on by way of trade or for purposes of gain and to or over which the employer of the person employed therein has the right of access or control.
Special applications and extensions
•Section 81 – institution for charitable or reformatory purposes or for technical or vocational training
•Section 82 - dock, wharf or quay
•Section 83 – ships
•Section 84 – building and construction work
•Section 86 – lead manufacture or involving the use of lead compounds.
•Section 125 – factories belonging to the State including ‘forces of the State’
•No person shall be the occupier of any factory, unless such factory is registered in accordance with the provisions of this Ordinance
•After the notification no person shall commence:
(a) the construction of a factory building on any site
(b) the making of any extension to any factory building
(c) the conversion of any other building into a factory building,
unless the plans for such construction, extension or conversion, has been approved.
Health (General conditions)
•This includes, requirements related to:
–cleanliness (Section 6)
–overcrowding workplaces (Section 7)
–temperature (Sections 11)
–ventilation (Sections 12)
–lighting [Section 13; also ‘Factories (Standards of Lighting) Regulations, 1965’]
–drainage of floors (Section 14)
–sanitary facilities [Section 15; also ‘Factories (Sanitary Conveniences) Regulations, 1965’]
Safety (General conditions)
•Secure fencing shall be provided for:
–Every flywheel directly connected to any prime mover and every moving part of any [Section 17 (1)]
–Headrace and tailrace of every water wheel and water turbine [Section 17 (2)]
–Every part of electric generators, motors and rotary converters, and every fly wheel directly connected thereto [Section 17 (3)]
–Every part of transmission machinery (Section 18)
–Every dangerous part of any machinery (Section 19)
•Safeguarding and examination of:
–machinery [cranes and other lifting machines (Section 29)]
–pressure vessels [steam boilers (Section 34); steam receivers and steam containers (Section 35); air receivers (Section 36); gas receivers (Section 36A); water sealed gas holders (Section 38)]
•Purpose of examination is to ascertain whether the equipment or the vessel can continue to be used safely
•The credentials of the person examining and its frequency is specified
Work in confined Spaces (Section 32)
–No person shall enter the confined space unless the following requirements are met:
•steps shall be taken to remove any fumes, toxic substances or harmful liquids which may be present
•the person entering shall wear a suitable breathing apparatus
–Suitable breathing apparatus and a suitable reviving apparatus and suitable belts and ropes shall be provided
–A sufficient number of the persons employed shall be trained and practiced in first aid
Health, safety an welfare (Special Provisions and Regulations)
•Internal combustion engines [Section 51 (2)]
•Precautions where asphyxiant or irritant gas or vapour is used (Section 51A)
•Protection of eyes (Section 53)
•Protection from radiation and vibration (Section 53A)
•Lifting excess weight (Section 58)
•Prevention of noise (Section 58A)
•Safety in the use of electricity (Section 58B)
Notification and investigation of accidents and industrial diseases
•Where any accident occurs in a factory which
a)causes loss of life to a person employed in that factory b)disables any such person for more than three days from earning full wages at the work at which he was employed
c)makes any such person unconscious written notice of the accident, in such form and accompanied by such particulars as may be prescribed, shall be sent by the occupier to the District Factory Inspecting Engineer.
•Every registered medical practitioner attending on a patient whom he believes to be suffering from an industrial disease (e.g. lead, phosphorus, arsenical or mercurial poisoning, or anthrax), contracted in any factory, shall send a notice addressed to the Chief Factory Inspecting Engineer.
Employment of women and young persons
•Period of employment of young persons shall not exceed twelve hours in any day and shall neither begin before 6 am nor end after 6 pm
•A woman or young person shall not be employed continuously for more than four and a half hours without an interval
•Employment of a woman at night shall be subject to special conditions
•Overtime employment of a women and young person shall be subject to special conditions
References
Talty, J.T. ed., (1998). 7 - Legal Aspects of Occupational Safety and Health. [online] ScienceDirect. Available at: https://www.sciencedirect.com/science/article/pii/B978081551175550008X .Accessed 5 Jul. 2020.
www.ilo.org. (n.d.). Occupational safety and health country profile: Sri Lanka (Occupational Safety and Health). [online] Available at: https://www.ilo.org/safework/countries/asia/sri-lanka/lang--en/index.htm.Accessed 5 Jul. 2020.
www.labourdept.gov.lk. (n.d.). Industrial Safety Division. [online] Available at: http://www.labourdept.gov.lk/index.php?option=com_content&view=article&id=54&Itemid=80&lang=en.Accessed 5 Jul. 2020.
www.niosh.gov.lk. (n.d.). National Institute of Occupational Safety and Health. [online] Available at: http://www.niosh.gov.lk/index.php?lang=en .Accessed 5 Jul. 2020.
Asian society is traditionally low attention for safety. In that case,how do you build the safe working area in your company.
ReplyDeleteThanks Buddima.As you said in Asian society it gives low attention for safty.But in my bank we use latest technological equipments and safety methods for both of our employees as well as our customers.As a example we placed fire safety equipments inside the bank.And we use several alarm systems for burglary threats.
DeleteDear Manujaya, What are the elements of occupational health and safety?
ReplyDeleteThanks Amila,There are four basic elements to all good health and safety are Management Commitment and Employee Involvement,
DeleteWorksite Analysis,Hazard Prevention and Control and
Training for Employees, Supervisors, and Managers.
What are the safety measures to be implemented in future?
ReplyDeleteIn the future health and safety professionals will need to adapt to new ways of working and keeping their professional practice up-to-date is key. They should has Visible felt leadership,
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Manujaya, very interesting article. Learnt new things .good work .keep it up
ReplyDeleteHi Manuja,
ReplyDeleteWhy we need OSH?
Thank malinda,Since we spend a lot of time at our workplace, the employers need to ensure that the ... Why Should Occupational Health and Safety (OHS) be a Priority
DeleteWhat are the principles of occupational health and safety?
ReplyDeleteThanks pubudu, It is a large area to discuss, Occupational health brings together many sciences and many social disciplines in order to achieve social progress for workers and their families. The field recognizes a social right to work in a safe workplace where due care is given to prevent injury and illness and to protect the health of workers from death, injury and disability, thereby also protecting their families and those who depend on them against loss of income and social support.
DeleteWhat are the safety methods that your organization has adopted on behalf of their employees?
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ReplyDelete