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THE TWELFTH FIVE YEAR PLAN

(2012 TO 2017)
GOVERNMENT OF INDIA MINISTRY OF LABOUR AND
EMPLOYMENT AUGUST 2011

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Shivakami Rajan

Please note
In his firstIndependence Dayspeech in 2014,
Prime MinisterNarendra Modi announced his
intention
to
dissolve
the
Planning
Commission.
The status of the 12th Plan is in question due
to the dissolution of the Planning Commission.
The 12th Plan ends in March 2017.
It has since been replaced by a new
institution namedNITI Aayog.
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The constitution of India enshrines detailed


provisions for the rights of the citizens
labeled as Directive Principles of State Policy
These Directive Principles provide for
securing the health and strength of
employees, men and women, that the tender
age of children are not abused, that citizens
are not forced by economic necessity to enter
avocations unsuited to their age or strength
(Article 39)
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to secure the participation of


employee in the management of
undertakings, establishments or
other organizations engaged in any
industry (Article 43A), for ensuring
that no child below the age of 14
is employed to work in any factory
or mine or engaged in any other
hazardous employment (Article 24).
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The important statutes covering OSH


aspects of workers
Accordingly, Govt. of India enacted the statutes
Occupational Safety & Health (OSH) at workplaces..

relating

to

The Mines Act, 1952 and Rules and Regulations framed thereunder;
The Factories Act, 1948 and Rules framed thereunder;
Dock Workers (Safety, Health and Welfare) Act, 1986 and Regulations and
Rules framed thereunder;
The Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Act, 1996 and Rules framed thereunder;
The Dangerous Machines (Regulation) Act, 1983 and Rules framed
thereunder;
The Insecticides Act, 1968 and Rules framed thereunder;
The Shops and Establishments Act of State Governments;
The Beedi and Cigar Workers (Conditions of Employment) Act, 1966;
The Municipal Solid Waste (Management and Handling) Rules, 2000 notified
under the Environment (Protection) Act, 1986;
The Manufacture, Storage & Import of Hazardous Chemicals Rules, 1989;
The Electricity Act, 2003 etc

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Sectors Covered
comprehensive safety and health
statutes for regulating OSH at work
places exist only in respect of the
four sectors namely,
mining,
factories,
ports, and
construction.
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OSH-Concurrent List
Occupational Safety and Health is one of the subjects
allotted to Ministry of Labour & Employment under the
Government of India Allocation of Business Rules.
Centre-The Ministry of Labour & Employment, Govt. of
India & Labour Departments of the States and Union
Territories are responsible for the safety & health of the
workers
State-Directorate General of Factory Advice Service &
Labour
Institutes
(DGFASLI)
is
responsible
for
coordination and implementation of the measures under
the Factories Act, 1948 by the State Governments
and formulation of Model Rules thereunder.

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DGFASLI
It provides

training
to
the Inspectors of Factories
(Enforcement Authorities) and various target groups
from the factories
including statutory long duration courses for
safety officers, factory medical officers and
supervisors
engaged
in
hazardous
process
industries.

These activities are carried out at the


headquarters located at Mumbai and five
Labour Institutes at Mumbai, Chennai, Kolkata,
Kanpur & Faridabad.
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Directorate General of Mines Safety


(DGMS)
Directorate General of Mines Safety (DGMS) assist the
Ministry in the technical aspects of Occupational Safety
& Health in factories & port sectors and mines
respectively.
DGMS is a subordinate office of the Ministry of
Labour & Employment.
its headquarters at Dhanbad (Jharkhand) with field
offices spread all over the country.
The entire country is now divided into
eight zones and under each zone
there are three to four regional offices.
There are twenty nine such regional offices and three
subregional offices in the country
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What do these bodies do?


Inspection of mines, inquiry into accidents, surveys, grant of
permissions & exemptions, approvals, etc.
In addition, Non-statutory promotional measures like

National Conference on Safety in mines,


National Safety Awards in mining,
observance of Safety Weeks,
promoting self regulation through Internal Safety Organisation and
awareness programme are undertaken by DGMS.

Certain advisory initiatives are also undertaken by DGMS


through

dissemination of information
by issuing circulars,
development of guidelines & standards and
interaction in different bipartite and tripartite fora.

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Mines Act, 1952


Mines Act, 1952 is in the process of amendment,
which is likely to be completed soon.
empowers the Central Government to make
Regulations and Rules elaborating the
objectives of the Act under various enabling
provisions.
The Act extends to whole of India up to the
limits of territorial waters but does not
extend up to the continental shelf, exclusive
economic zone and other maritime zones, which
has been included in the proposed amendments
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Statistics
The trend of fatal accidents and
fatality
rate
per
thousand
persons employed at ten yearly
average is declining
the occurrence of disasters at
regular intervals in coal mines,
mostly in underground mines and
also in some of the metalliferous
mines i.e. irons ore, soapstone and
granite mines.
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Hazards exposure and


Consequences
the persons employed in mines are exposed to number of
hazards at workplace which adversely affect their health
Some of the important ones are

dust,
noise,
vibrations,
heat,
humidity etc.

Surveys conducted in few selected mines by DGMS show that


a significant number of persons employed in the mines are
suffering from occupational diseases

including Silicosis,
Coal Workers Pneumoconiosis,
Noise Induced Hearing Loss, etc

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Initiatives taken
Fresh initiatives such as mechanization to
reduce personal exposure to risks,
standardization and testing of materials,equipment
including personal protective equipment (PPE)
use of latest instruments and system in
environmental monitoring,
use of Slope Stability Radars (SSRs) for pit and
dump slope monitoring in large opencast mines and
many other technology (Continuous Miner with
Shuttle Car, Longwall and Highwall Mining in
underground coal mines) have been undertaken
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Mining, particularly coal mining, is


recognized as one of the most
hazardous peacetime occupation and
cannot be compared with other
industries
in
terms
of
occupational safety and health
requirement mainly because of
highly unpredictable and varying
nature of working conditions in the
mines
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UNORGANIZED SECTOR
Occupational Health and Safety cover for the
unorganized sector can well be said as
nonexistent
various segment-specific occupational, safety
and health guidelines need to be developed
by multi-disciplinary group of experts
taking into account the uniqueness of the
socio-cultural
context,
general
characteristics, etc. of the concerned
geographical region.
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Proposed for 12th


plan(Defunct)
Directorate General of Factory Advice Service &
Labour Institutes (DGFASLI) and National Safety
Council (NSC) in collaboration with the
Ministry of Agriculture will review the OSH
components of the existing course contents of
the Ministry of Agriculture for the training of
agricultural workers in the unorganized sector.
The Insecticides Act, 1968 and The
Dangerous Machines (Regulation) Act, 1983
and their Rules are the two legislations
presently applicable to specific aspects of
agricultural operations.
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Agriculture Sector
17 per cent was in the organized
sector and 83 per cent is in the
unorganized sector.
agriculture
is
the
main
occupation in which 58 per cent
people are employed

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OSH in Agriculture
certain institutions provide information about the nature
of hazards and type of accidents. They are due to:

i) Agriculture hand-tools and implements such as pickaxe,


spade, sickle, etc.
ii) farm machinery such as tractors, threshers, fodder chopping,
machines, etc.
iii) chemical agents such as pesticides, fertilizers, strong weed
killers, etc.
iv) climatic agents such as high temperature, heavy rain,
humidity, high velocity wind/storm, lightening, etc.,
v) electricity,
vi) animal/snake bites,
vii) other agents such as dust, solar radiation, etc. and
viii) psychological stress due to socio-economic problems

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The Insecticides Act, 1968,


1983
The Insecticides Act, 1968, 1983 deals with
the manufacturing, packaging, labeling,
distribution,
handling
and
use
of
insecticides in general.
Therefore, the control measures given in this Act
relating to the hazards in the use of
insecticides
are
applicable
to
the
agriculture sector also.
This Act is enforced by the State Agriculture
Departments as far as its applicability to the
agricultural operation is concerned
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The Dangerous Machines


(Regulation) Act, 1968

The Dangerous Machines (Regulation) Act, 1968 is


enacted as An Act to provide for the regulation of
trade and commerce in, and production,
supply, distribution and use of, the product of
any industry producing dangerous machines
with a view
to securing the welfare of Labour, operating any
such machine and
for payment of compensation for the death or
bodily injury suffered by any labourer while
operating any such machine, and
for matters connected therewith or incidental
thereto.
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dangerous machines,21 as

Construction Sector
It is considered to be the second
largest industry after agriculture
in terms of employment generation
The Indian construction industry
comprises of large construction firms
including
large
public
sector
undertakings.

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Laws in Construction sector.


A number of Labour Laws are applicable to the
workers engaged at construction sites.
The above laws do not have adequate
provisions for safety and health of
construction workers
These are:
(a) Contract Labour (Regulation & Operative) Act,
1970.
(b) Minimum Wages Act, 1948.
(c) Payment of Wages Act, 1936.
(d) Equal Remuneration Act, 1976.
(e) Inter-State Migrant Workmen 9Regulation of
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Employment and Condition of Services) Act, 1979.

Building and Construction Workers


Act
The Building and Other Construction
Workers (Regulation of Employment
and Conditions of Service) Act, 1986
was enacted on 1.3.1996.
The Act is applicable to all
establishments employing 10 or
more workers in any building and
other construction works.
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Building and Construction Workers


Act
Central
Government
is
the
appropriate government for notifying
the rules and regulations under the
Act as well as the enforcement of the
provisions under the said Rules,
other establishments, the State
Government is the appropriate
government for notifying the Rules
and enforcing the provisions.
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Accidents in Constructions
The accidents in construction industry are
mainly due to the factors such as:
1. Large number of small firms and selfemployed workers
2. Shorter duration of construction activities at
sites
3. High-turn over of workers
4. Large number of seasonal and migrant
workers not familiar with construction activities
5. Many different trades and occupations
involved in construction activity
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Building and Construction Workers


Act
safety provisions under the Act
predominantly relates to provision of:
(i) Medical facilities such a first-aid boxes,
essential life saving aid, ambulance room,
ambulance van, stretcher etc.
(ii) Preparation of health and safety policy.
(iii) Transport equipment and traffic.
(iv) Excessive noise and vibration.
(v) Fire Protection
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Shops and Establishments


The sector is covered by the Shops and Establishments Acts
enacted by various State Government as far back as 1948.

providing for cleanliness,


ventilation,
lighting, and
precautions against fire as may be prescribed and
first aid.

A variety of operations which pose safety and health


hazards are performed in shops and establishments such as

electrical and mechanical repair shops,


small garages,
air conditioning/refrigerators repair shops,
small jobbing workshops,
coffee grinding shops,
flour grinding shops, etc

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Beedi and Cigar


Manufacturing
Traditional
agro-based
industry
employing over 4.1 million workers
About 90 percent of them are
home workers and majority of
them are women.
The remaining 10 percent are
employed as factory workers to
whom the provisions of the Factories
Act, 1948 are applicable.
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Beedi and Cigar Workers (Conditions


of Employment) Act, 1986
The Beedi and Cigar Workers (Conditions of Employment) Act, 1986
which is applicable to this sector
defines the term employee in a broad manner which
includes home worker
This Act has provisions

relating to cleanliness,
ventilation,
overcrowding,
drinking water,
latrines and urinals,
crches,
first aid,
canteens, working hours, etc.

which are applicable only to the industrial premises where


as mentioned above only 10 per cent workers are employed.
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Waste Management
Union Ministry of Urban Development and Poverty
Alleviation and the State Governments deal with
the legislation governing waste management in urban
areas
A new set of rules, Municipal Solid Waste
(Management & Handling and Trans boundary)
Rules 2008 was promulgated by the Ministry of
Environment and Forests.
These rules cover the urban local bodies of the country
and have fixed the responsibilities of the State
Governments, Central Pollution Control Board,
State Pollution Control Boards and Municipal
authorities.
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To summarize the unorganized


sector
In spite of various agencies involved in regulating work
place safety and health issues in the unorganised sector,
the efforts are by no means comprehensive and unified.
The Government has enacted various legislations i.e. the
Building & other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996; The
Dangerous Machines (Regulations) Act, 1983; The Insecticides
Act, 1968
to ensure the health and safety of unorganized sector
workers engaged in agriculture and construction
activities.
The implementation of these legislations is tardy.
Efforts need to be made to review, if required, and ensure
proper modifications of these legislations
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Accidents are caused!


All accidents are caused. They are the result of
human error, and they involve unsafe behavior
or an unsafe condition, or a combination of
both.
Process improvement opportunities are
always identified following an accident,
and
prompt
corrective
measures
are
scheduled.
we wait for the next accident in order to
identify the next required corrective
action
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An "accident" is an unplanned,
undesired event which may or
may not result in injury or property
damage, that interferes with the
completion of an assigned task.
A "near miss" is a form of an
accident that does not result in injury
or property damage.
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causes
The causes of accidents can be broken down
into two basic components,

unsafe conditions and


unsafe acts

Unsafe conditions are hazardous conditions


or circumstances that could lead directly to
an accident.
An unsafe act occurs when a worker ignores
or is not aware of a standard operating
procedure or safe work practice designed to
protect the worker and prevent accidents.
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TYPES OF ACCIDENTS
It can be classified as,
1- ACCORDING TO LENGTH OF RECOVERY
i-FIRST AID
ACCIDENTS

Here these worker


receives first aid at
plant hospital and
then return to the
job.

ii-LOST TIME
ACCIDENTS

here worker loses a day


or shift in which
accidents occur.
Compensation is given
to the employee by
employer for the
severity of accident.

iii-HOMECASE
ACCIDENTS

worker loses
reminder of shifts
or turn on which
the accidents has
occurred

1- ACCORDING TO THE NATURE OF INJURY


i-FATAL
ACCDIENTS

ii-TEPORARY
DISABLEMENT

iiiPERMANENT
DISABLEMENT

accident that
reduces the
earning capacity of
it includes the
an accident
an
employee
when
accidents that could
that reduces
he
engaged
in
the
result in the death of
completely
injury.
the injured worker.
reduces the
earning capacity
But
once
he
got
ok
The death could occur
of an
he
start
work
again
on the spot due to the
employee..!!!!
.
unbearable injuries.

CATEGORY OF ACCIDENTS
There are FOUR category of
accidents..
1) MINOR ACCIDENTS
2) REPORTABLE ACCIDENTS
3) FATAL ACCIDENTS
4) ACCIDENTS DUE TO
DANGERIOUS OCCURANCE
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1) MINOR
ACCIDENTS

It includes all those accidents that are


Less harmful in nature to the worker
Preventing employees from working
for the period less than 48 hours from
the time of accidents.
These accidents are not reported to the
higher management.
These accidents are easily control.
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REPORTABLE ACCIDETNS
It includes the category of accidents
which is little complicated then of
minor accidents.
Here the injuries caused to the
worker prevent him from working for
the period of 48 hours or more.
Here supervisor is responsible to
report to the higher management
and arrange another worker so that
the production could not be affected.

ACCIDENTS DUE TO THE


DANGeRIOUS OCCURANCES
These occurs due to
Bursting of vessel for containing steam under
pressure greater then atmospheric pressure.
Failure of crank or other appliances.
Explosion of fire causing damage to any room
or place where person are employed.
Explosion of container used for storage of any
gas or liquid at a pressure greater than
atmospheric pressure.

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unsafe acts and conditions given are


the result of personal or job factors.
Personal and job factors are the root
causes of accidents.

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Accident Prevention
Accident
prevention
involves
the
identification and elimination of causes
before an accident occurs.
Accident reaction is what most supervisors
practice-investigating the accident to
determine
the
causes
and
then
implementing corrective actions to avoid
reoccurrence.
This helps eliminate future accidents from a
specific cause, but does nothing to address
avoiding the accident that just occurred.
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Job Safety Analysis (JSA)


One method of accident prevention that
can be used by the supervisor is the Job
Safety Analysis (JSA).
A JSA takes a specific job and identifies
the following:
1. Sequence of basic job steps.
2. Potential hazards at each step.
3. Recommended action or procedure
to correct the potential hazards
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Jobs which have the most


accidents, including injuries,
property damage, and near misses,
should receive the highest priority.
Jobs with the potential for severe
injury or property damage should be
targeted next.

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Planned Job Observations (PJO)


A PJO is a procedure used by supervisors
to determine if a worker is completing a
job with maximum efficiency and quality.
While many supervisors informally
observe work on a daily basis,
interruptions, distractions, and a lack
of planning prevent the supervisor from
gathering the information necessary to
properly
evaluate
the
workers
performance.
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The PJO is performed by following these step


1.Worker and Job Selection
Workers should be selected for PJO based on
the following priority: New Workers
Poor Performers
Risk Takers
Good Performers

Selecting jobs for PJO should focus on jobs with


an accident history, jobs with the potential for
serious injury or significant property damage,
and jobs with a high probability of occurrence.
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2The supervisor should review the JSA and


other work procedures for that specific job.
3. Job Observation When observing the worker,
the guidelines listed below should be followed: Stay out of the way!
- Do not distract the worker.
- Do not interrupt the worker.
- Do not allow others to interrupt your observation of
the worker.
- Have a copy of the JSA with you to follow the job
process step by step
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4. Employee Review Review your


observations with the employee as soon as
practical after the PJO.
5. Follow-Up :Follow-up includes making
changes to procedures or JSAs as
appropriate to your observation,
retraining on job performance, or additional
training not previously provided. Ensure
that you follow-up with the worker or the
value of the PJO will be lost.
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Identification
of
Potentials-Employee
behavior/procedures and/or the condition
of
equipment/environment
are
always
involved.
The ability to monitor and evaluate these
elements on a continuous basis can identify
work practices and conditions that have the
ability to produce accidents.
Eg.
Lifts
maintenance--Whenever
the
potential to cause an accident/injury is apparent,
corrective action must be implemented.
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"Foresight Programs"
"Foresight Programs" must be a joint
effort (supervisor and employee) with
objectives that are pre-determined.
Audit teams must be developed, and
observations of work practices in
designated
areas
must
be
scheduled.

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Hindsight vs. Foresight


Hindsight determines why accidents occurred; it does
not prevent them.
Foresight identifies potential accident conditions and
provides corrective action before the incident occurs.
It is the difference between being proactive and
reactive in your safety philosophy.
Both methods require employee involvement
and an investment of time.
The foresight approach does not involve equipment
and/or property damage, injury costs, unscheduled
production downtime, or product quality issues.

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Accident Control
In the event that an accident does
occur, Supervisors will be
instrumental in the control of the
accident.
Accident control can be broken down
into three phases:
1. Accident response
2. Accident investigation
3. Corrective actions
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Accident response
Evacuate personnel to a safe area and tend to
injured
personnel
immediately.
Initiate
the
appropriate level of response for the accident.
Secure the accident scene as soon as safely
possible.
This ensures that unauthorized personnel will not
wonder into the accident scene and possibly
be injured or exposed.
Control of property damage can be addressed
after attending to personnel issues and
initiating the emergency response system

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Accident Investigation
supervisors should attempt to preserve evidence
associated with the accident. This can be critical
to determining the cause of an accident.
The evidence can be collected once the
investigation team has been assembled and the
investigation begun
supervisors should consider taking photographs
or videotape of the accident scene. This level of
documentation will be helpful at a later date
when discussing the accident and can be used
for training purposes
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Supervisors should begin interviewing witnesses


as soon as practical after the accident.
One tool commonly used in accident
investigations is to reenact the accident.
This can provide insight as to the
conditions faced by personnel during the
accidents and what options were available for
response.
The reenactment must be done under
strict controls to ensure that no one is injured
during the reenactment.
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Corrective Actions
Corrective actions are actions taken to
prevent the reoccurrence of an accident.
Corrective actions can be identified after
the root cause(s) of the accident have
been identified
Once corrective actions have been
implemented, the work area supervisor
must
monitor
and
evaluate
their
effectiveness with regard to eliminating
the causes of the accident.
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