ELEMENT-1

Q1).Reasons to maintain Good Standards of H&S

There are three basic requirements to maintain the standards of health and safety.

Legal requirement:

According to section -2 of HASAWA 1974, MHSWR-1999, ILO C155 and other regulations
the responsibilities of employers are

 To provide and maintain work place and work methods are safe
 SFARP( so far as is reasonably practicable)
 Employer is required legally to provide a safe system of work.
 Employer has a DUTY of CARE towards Employees, Visitors, Contractors and Public.
 Legally the employer is required to provide safe work place, safe work methods,
competent people, safe access & egress.
 Failure to compliance to the acts and regulations may attract legal fine, penalty and
prosecution.
 To provide I.I.T.S.
 To provide safe access and egress.
 To provide safe working policy.
 Consultation with employees.
 To ensure H.S of visitor, public and contractor.
 Provide PPE

Article 16 of ILO C155

Employer has to provide safe work place, machine and safe process without any
risk to the health of work men.

To provide OHS arrangements.

Safe work methods.

Welfare arrangements.

The employer has to provide correct PPE to prevent risk and to protect H&S

Moral requirement:

An employer has to provide a safe work place to ensure moral requirement. The society
has the right to demand a safer work place. The employer has to manage Health and Safety,
so far as is reasonably practicable (SFARP).The employer has to investigate accidents,
incidents and near misses to ensure H&S morally.
 ILO‘s statistics reveal that 2.3 million people die every year from work place injuries.
37%people of miners suffer from silicosis in Latin America. WHO reports that 18% people
suffering from hearing loss.

These reveal that the moral requirements are greater and are to be met by an employer.

Economic Requirement:

Any accident or incident may involve associated cost. The employer has to avoid penalty
cost and compensation claims. The cost can be divided into four parts.

Direct cost:

The costs that are arising directly from the accident.

It includes: claims, damage to buildings, medical cost, damaged equipment, fines,

compensation cost, First aid, workers sickness pay, overtime, re habitations are considered
as direct cost.

Indirect cost:

The cost that arises indirectly from accidents is indirect costs. Examples include: The
investigation time, compliance with enforcement, recruitment cost, cost of reputation, failure
to meet the target and damage to industrial relations etc.

The ratio of direct cost to indirect cost is 1:8 to 36.

Insured cost:

Costs that are met by the insured company, if there is a valid premium by Liability Insurance Act
are called insured cost.

Examples include: Damage to the plant, damage to building, medical cost, compensation paid,
and liability claim.

Uninsured cost:

Costs that are not met by the insured company are called uninsured costs.

Production delay, loss of raw material, investigation time, training new employees, loss of
reputation, court cost, OT, fines from prosecution, sick pay, replacement of staff, legal
representation, cleaning the site are uninsured cost.
Q2. Replacement & retraining of staff is a cost that an organization may face following a work
place accident.

List eight other possible costs to an organization when an employee has been seriously
injured in such an accident.

Or

List eight other possible costs to an organization following a work place accident.

Answers:

 Lost production
 Staff absence &temporary replacement.
 Repair of damaged plant & equipment.
 Damage to products.
 Investigation & remedial action.
 Additional administration incurred.
 An increase in insurance premiums.
 Fines & damage awarded & court & other legal representation.

Q3. Outline possible reasons why good standards of health and safety in the work place may
not be achieved.

Answer:

 Lack of management commitment

 Poor morale among the work force and lack of motivation
 Request changes in the organization.
 Lack of resources possibly due to harsh economic climate.
 Conflicting demands with priority being given to production targets and meeting
deadlines. Poor communication and consultation with the work force.
 Failure to provide adequate training leading to a lack of awareness amongst workers.
 Failure to complete risk assessment and to produce safe systems of work and method
statements, and generally poor standards of health and safety in the industry leading to
a lack of peer pressure.

Q4.Identify the right of workers:

 To demand a safe work place.

 To refuse any unsafe work.
 Not to be dismissed for implementing the right.
 To be consulted on safety matters.
 Not to be charged to implement health and safety.
  The Chemical, Physical and Biological hazards are eliminated to ensure health
and safety.
 Not to be discriminated.
 Be informed on examinations and investigations relating to health.

Q5.Identify the role and responsibilities of employees:

Employees are required to:

 Take care of their own safety (responsible care).

 Take care of the safety of their colleagues.
 They must co-ordinate and co-operate with the employer.
 Report all near misses, accidents and incidents.
 To comply with PPE rules.
 Not to misuse safety equipment.

Q6.Identify the powers of inspectors:

According to HASAWA 1974 sec-20 following powers are given to the inspector.

 Power of entry.
 Can be accompanied by a police constable.
 Take any other person or any equipment.
 Require a person to give information.
 Inspect and copy books and documents.
 Requires facilities and assistance.
 Any other power.
 Examination and investigation.
 Instruct the premises to remain undisturbed.
 Take measurements, photographs or recordings.
 Take samples.
 Dismantle of test dangerous articles or substances. Take possession and
detain items as mentioned above.

Enforcement available for the inspector:

 Verbal warning
 Written warning.
 Improvement notice.
 Prohibition notice.
 Deferred prohibition notice.
 Fines, penalty and prosecution.
Q7. Sources of information.

List EIGHT sources of information that might usefully be consulted when dealing with a health
and safety problem at work. (8)

Sources of information on Health and Safety

Internal sources

Inspection reports: Gives the status and level of compliance towards established norms and
procedures. An analysis could also reveal areas requiring improvement.

Audit report: findings from the audit report helps to know where the H &S system goes wrong
and the corrective measures.

Risk assessment: Gives information about the hazards existing in the work place and the risk
control measures put in place.

Medical reports: Gives a fair idea of health effects to the employees as a result of exposure to
hazardous conditions in the workplace.

Accident reports: Gives information about the trends of previous accidents and the preventive
measures initiated.

Health and safety committee: Gives information on the constitution of the committee, H & S
issues prevailing in the work place and course of action taken earlier. It also can show the level
of commitment from top management and the prevailing H& S culture in the work place.

Health and safety practitioner: Can give information on the complete health and safety
status of the work place .He has access to all documents and records related to H&S and can be
a single point of communication to anyone who would like to know about the H&S status of
that work place.

External sources

Government organizations: Provides valuable information on the local laws and

regulations, approved code of practice & guidance pertaining to that industry.

National safety organizations: They can provide information & guidance to comply with legal
requirements, sector specific safety requirements, case studies & safety performance of the
sector as a whole and the country etc.

Suppliers & manufacturer: Provide valuable information like material safety data sheet,
equipment safety manual & all H&S matters related to that particular product or equipment.
International standards: International conventions, recommendations from ILO, Standards
from International Standard Organization (ISO) & other international publications provide a
range of information in all topics of H&S.

Consultant and specialists: May be consulted to obtain specific guidance on H&S matters.

Insurance companies: They can provide data on claims & compensation in any sector of
business, analysis of the losses occurring in each and every sector.

Internet: Websites can provide valuable information on H&S. eg: www.ilo.org

Q8. Outline the roles and responsibilities of National Organizations.

ILO has set out conventions and recommendations that apply to OHS (ILO-C-155 and R 164).

Most governments have established legal standards on OHS. These legal standards will place a
duty on the employer to ensure that the workplace, activities and equipment, substances are
free from risks and hazards. Legal standards also places multiple duties on employers (specified
under Employer’s duties)

The organizations also enforce actions against any employer found to be in non-compliance or
in violation with established standards which may vary from prohibition notice to prosecutions.

The legal standards also results in compensation to the injured persons.

Q9.Outline reasons to why National/ International government have H/S Laws.

 Most governments establish legal standards to be in compliance to meet the H/S

requirements and protest the H/S of citizens.
 These legal standards place a duty on the employer to ensure that work places,
work activities, eq and substances are SFARP is safe and without risk to health.
 These standards also place a duty employer to look after their own and other
people’s HS.
 Work related injuries may result in compensation to injured person. This is achieved
by legal action through work compensation schemes.
 Failure to comply with the legal standards may lead to enforcement action by
authorities and might lead to prosecution of org or individuals such as director,
managers and workers.

Q10. The role of enforcement agencies and the consequences of non-compliance.

The role of enforcement agencies are:

  To provide adequate number of trained and competent inspectors or regulators,
whose duties extend to the planned and random inspection of work places
covered by the legislation.
 Investigate serious accidents happened at an organization and look in to the
complaints received on H&S
 Conduct proceedings as necessary following such inspections and investigations.
 Advice to employers, workers and the public on appropriate control measures
and the issue of explanatory publications.
 Development of information resources in hazard controls, risk assessment
techniques, and collection of injury data produces in puts in to an information
system which will be able to offer answers to problems within the community
and to monitor the national measures in force.
 Uniformity of approach, There must be an appropriate means of dealing with
those who deliberately avoid compliance with national laws, which is seen to be
fair .similarly the penalties imposed, should be appropriate to the offence and at
a common level for the same offence committed in different places and
environments.
 Setting targets for future improvement. Government moves to improve future
national performance can include requiring the formal assessment of risk as a
part of the planning process, making designers responsible for the provision of
information about their designs and the future maintenance or dismantling of
buildings, plant and equipment, and the publication of injury and ill health data
and other results set against future targets.
 Fostering co operation between the parties involved workers, worker
representatives, management and government.

Q12.Duty of Employer ( So Far as is reasonably Practicable)


 Safe Workplace and Environment
 Safe Equipment
 Safe system of work
 Competent Staff
 Adequate Supervision
 Adequate Instruction and Training
 Provide Appropriate PPEs
Q13. Benefits of Good Health and Safety Practice

 Increased level of compliances with rules and procedures

 Improved production
 Improved Staff Morale
 Improved Company Reputation
 Reduced Accidents
 Reduced Ill health
 Reduced Damage to Equipment
 Reduced Staff Complaints
 Reduced Absenteeism
 Reduced insurance premium
 Reduced fines and compensation claims