LEGAL ASPECTS OF

SAFETY AND HEALTH

INTRODUCTION

Health refers to our general well being.

It means that we enjoy freedom from
disease or infirmity and have a sense of
mental, physical and social well being.
INTRODUCTION

Safety is a feeling of security. We

can work without fear of danger or

injury.
INTRODUCTION

Health and safety is the key factor

for all the industries in order to
promote the wellness of both
employee and employers.
INTRODUCTION

Safe work is one of the fundamental rights of the

workers. These days workplace health and safety

procedures are important for the well-being of both

employees and employers because human loss is

immeasurable and intolerable. As, such loss or injuries

can employ major loss to the families.

PRINCIPLE IN HEALTH AND SAFETY

1
Job- specific health and safety practices and
hazards;

2
Recognition and assessment of health and
safety risk;
PRINCIPLE IN HEALTH AND SAFETY

3
Minimize risk through safety practices and use
of protective equipment; and

4
Awareness of appropriate practices to protect
the environment.
IMPORTANCE OF SAFETY

1
To eliminate time loss, prevent waste
of human suffering because of
industrial accident or illness.
IMPORTANCE OF SAFETY

2
To develop the employees proper working
attitude to make himself a healthy and safe
worker through the employee induction and
training program and good supervision.
ASPECTS OF SAFETY

1
Management commitment and employee
involvement

2
Worksite analysis
ASPECTS OF SAFETY

3
Hazard prevention and control

4
Training the employees, supervisors and managers
CORE ELEMENTS OF SAFETY

1
Management commitment to safety

2
Job satisfaction
CORE ELEMENTS OF SAFETY

3
Training, equipment, physical environment

4
Organizational commitment
CORE ELEMENTS OF SAFETY

5
Worker involvement

6
Co-worker support
CORE ELEMENTS OF SAFETY

7
Performance management

8
Personal accountability
 WHAT IS OSHA?

Occupational Safety and Health

Administration (OSHA) is a national public
health agency dedicated to the basic
proposition that no worker should have to
choose between their life and their job.
 WHAT IS OSHA?

OSHA's mission is to ensure that

employees work in a safe and healthful
environment by setting and enforcing
standards, and by providing training,
outreach, education and assistance.
OSH ACT OF 1970

On December 29, 1970, President Nixon signed

the Occupational Safety and Health Act of 1970 into
law. Coupled with the efforts of employers, workers,
safety and health professionals, unions and
advocates. Its state partners have dramatically
improved workplace safety, reducing work- related
fatalities by almost 63%.
OSH ACT OF 1970

Assure safe and healthful working conditions for working

men and women; by authorizing enforcement of the
standards developed under the Act; by assisting and
encouraging the States in their efforts to assure safe and
healthful working conditions; by providing for research,
information, education, and training in the field of
occupational safety and health; and for other purposes.
OSH ACT OF 1970

Three new agencies were created when the OSH Act

was enacted (Walsh, 2010).

1
Occupational Safety and Health Administration (OSHA)

 Safe and healthful working conditions (OSHA, 2004)

OSH ACT OF 1970

2
The Occupational Safety and Health Review
Commission (OSHRC)

 Independent from OSHA and hears appeals of its

enforcement actions
OSH ACT OF 1970

3
The National Institute of Occupational Safety and
Health (NIOSH)

 Provide scientific and technical support to OSHA

OSHA PREVENTION PROGRAM

Based on positive experience, OSHA (2015) believes

that injury and illness prevention programs:

1
Provide the foundation for changes;

2
Improved workplace environment;
OSHA PREVENTION PROGRAM
3
Fewer injuries and fatalities;

4
Compliance with existing regulations;

5
Financial benefits; and

6
Reductions in compensation premiums.
SAFETY STANDARDS (WAISH, 2010)
Specific standards take precedence
over more general ones;

Employee not directly exposed; and

Employee’s work nature and facility

make it more likely for employees to
encounter danger.
SAFETY STANDARDS (WAISH, 2010)

In order to justify proposed

standards OSHA must:

Conduct risk assessment; and

Cost- benefit analyses.

SAFETY STANDARD VIOLATION
To establish violation of a standard, OSHA must show
the following:

An applicable standard exists;

The standard was not complied with;

One or more employees were exposed or had access

to the hazard; and

The employer knew or should have known of the

hazard.
GENERAL DUTY CLAUSE VIOLATION
A workplace hazard was allowed to exist;

The hazard was or should have been

recognized by the employer;

The hazard caused or was likely to cause

death or serious physical injury; and

Feasible means exist to abate the hazard

and were not used.
SAFETY AND HEALTH PROGRAMS
Reduce the extent and severity of work-
related injuries and illnesses;

Improves employee morale and

productivity; and

Reduces workers compensation costs.

WORKPLACE SAFETY PROGRAMS
Element of workplace safety programs
recommended by OSHA (2015)

1
Management leadership

Commitment;

Support; and

Goals.
WORKPLACE SAFETY PROGRAMS

2
Employee participation

Report;

Identity; and

Communicate.
WORKPLACE SAFETY PROGRAMS
3
Hazard identification and assessment

Assess workplace hazards; and

Evaluate risks.
WORKPLACE SAFETY PROGRAMS
4
Hazard prevention and control

Control of workplace hazard;

Effective design of job or jobsite; and

Effective time management.

WORKPLACE SAFETY PROGRAMS
5
Education and training

All workers are trained in an

understandable language and manner;

All worker whether salaried or hourly.

WORKPLACE SAFETY PROGRAMS
6
Program evaluation and improvement

Ensure understanding hazard;

Ensure supervisors comply with their safety

and health responsibility; and

Ensure management understanding of their

safety and health responsibilities.
OSH ACT ENFORCED (WALSH, 2010)

Respond to complaints of violation;

Conduct inspection;

Employees active involvement;

Unions should bring hazards to OSHA’s attention;

and

Take enforcement in your own hands.

REPUBLIC ACT No.11058

An act strengthening compliance with

occupational safety and health standards
and providing penalties for violations.
REPUBLIC ACT No.11058

With the RA 11058, employers are now required

to comply with occupational safety and health
standards including informing workers on all types
of hazards in the workplace and having the right
to refuse unsafe work, as well as providing facilities
and personal protective equipment for the
workers, among others.
REPUBLIC ACT No.11058

With this law, Philippines comes closer to achieving

the Sustainable Development Goal 8.8 to protect the
labour rights and promote safe and secure working
environments for all workers. It also boosts the
implementation of the WHO-supported Occupational
Health and Safety Sector Plan under the National
Environmental Health Action Plan (2017-2022).
YOU ALWAYS HAVE THE
RIGHT TO REFUSE
UNSAFE WORK
REFERENCE
o www.elearnuk.co.uk
o https://www.who.int/philippines/news/detail/23-08-
2018-the-occupational-safety-and-health-standards-
act-will-protect-the-health-of-workers-in-the-philippines
o https://www.osha.gov/laws-regs/oshact/section_3
o https://www.lawphil.net/statutes/repacts/ra2018/ra_110
58_2018.html
o https://youtu.be/lNnOzLl1gsE