Section 10 (1) (a) : The employee is responsible for the safety and health of himself and other persons who m ay be affected by his acts or omissions. (b) : The employee’s duty to comply / cooperate with the employer in maintaining safety and health systems developed by the employer in the workplace. (d) : The employee’s duty to use personal protective clothing or devices provided for his use.
Section 13A : Suitable and Sufficient Annual Risk Assessment – The risk to the Safety and Health of employees so exposed while at work.RA must be suitable and sufficient as it relates to Health risk based assessment that will protect the employees from occupational diseases/illness.
Where a medical practitioner forms THE OPINION that the patient is suffering from an Occupationa disease contracted in the workplace or in the course of his employment 48 hrs reporting to the CMO of his findings stating : Disease the patient is suffering from, Establishment employed and last employed
Item 2.1.10Where : any other respiratory disease not mentioned in the preceding items caused by an agent where a direct link between the exposure of a worker to this agent and the disease suffered is established.
National occupational safety and health the prevention of occupational diseases
THE PREVENTION OF OCCUPATIONAL DISEASES
PRESENTER:ARLENE JOHN-SEOWSafety and Health Inspector II
According to ILO estimates,Diseases caused by work kill Sixtimes more workers than work-related accidents.(International Labour Organisation 2013)
KEY SECTIONS OF THE OCCUPATIONALSAFETY AND HEALTH (OSH) ACT (Chapter88:08). SUPPORTING SECTIONS OF THE OSH ACT. CASE LAW. INTERNATIONAL LEGISLATION, GUIDANCE. WAY FORWARD.
KEY SECTIONS OF THE OSH ACT IN THEPREVENTION OF OCCUPATIONAL DISEASES; Section 6(1) Section 10(1) ( a, b &d) Section 13A Section 25K
It shall be the duty of every employee while atwork— (a) to take reasonable care for the safety andhealth of himself and of other persons who maybe affected by his acts or omissions at work; (b) as regards any duty or requirement imposedon his employer to co-operate with him so far asnecessary to ensure that that duty orrequirement is performed or complied with; d) to use correctly the personal protectionclothing or devices provided for his use.
Identifies the Employee’s FAILURE tocomply in accordance to his duties underSection 10(1) a, b & d in the Prevention ofOccupational Disease.
Section 13A : States that a every EmployerSHALL make a Suitable and Sufficient AnnualRisk Assessment –(a)The risk to the Safety and Health of employees soexposed while at work.(b) The risk to the safety and health of persons not inhis employment arising out of or in connection withthe environmental impact of his undertaking.
Section 13Ais the Legislative cornerstone in theprevention of Occupational Diseases in theworkplace.Risk Assessment →Health Risk Assessment(HRA)
Defined as:―The identification of health hazards inthe workplace and subsequentassessment of risk to health‖.
A health risk is generally defined as thelikelihood that exposure to a hazard will resultin occupational illness, disability or death.Health Risk = Exposure x Hazard(Dose)
A Suitable and Sufficient Annual RiskAssessment is the key to the content andfrequency of the Health surveillanceprogram in the Prevention of OccupationalDisease.
SECTION 25KStates that;1) Every employer shall ensure that hisemployees are provided with such healthsurveillance as is appropriate having regardto the risks to their safety and health whichare identified by the Annual Risk Assessment.
Health Surveillance (HS) identifies; Significant risk to health. National law and/or practice requirements.Objectives of Health Surveillance; Assessing the health of the individual. Confirming the effectiveness of control measures. Data Collection. Record keeping. Example of HS (NOISE)
SECTION 34(1) – NOISE & VIBRATION The duty of the employer to take adequatesteps to prevent hearing impairment causedby noise and diseases caused by vibration(HAVS).
SECTION 37 – Medical Examination Employees seeking or already employed MAYBE required by the employer to undergoMedical examination as a pre- condition forpermanent employment or to determinefitness to work. The cost of such examination is borne by theemployer.
SECTION 48(1) – NOTIFICATION OFOCCUPATIONAL DISEASES A medical practitioner having formed the opinionthat the patient is suffering from an OccupationalDisease, within forty – eight (48) hours, informthe Chief Medical Officer. (2) Chief Medical Officer notifies the ChiefInspector in writing forthwith. (3) Employer being advised of an employeesuffering a disease referred in Schedule I, shallgive notice in writing within four (4)days.
SECTION 6 (3) – CHEMICALS Primarily deals with the transportation useand storage of chemicals. The employer shall ensure that anyhazardous chemicals is not used, handled orstored unless CSDS is obtained and workersare instructed and trained consistent with theCSDS Sheet.
SCHEDULE 1 – LIST OF OCCUPATIONALDISEASES. WELFARE REGULATIONS. ELECTRIC ACCUMULATOR (Manufacture andRepair ) ORDER - LEAD
TRADE DISPUTE NO.221 OF 2003IN THE INDUSTRIAL COURTOFTRINIDAD AND TOBAGO
An employee of fell ill in December 2001 and diagnosed with Bronchitis andidentified as "Very likely to be related to her work environment‖.Medical recommendations - worker be ―placed in an environment which does notinvolve excessive dust and chemicals‖.The employer did not comply with the recommendations made.The employee suffered Several episodes of ill health within the period. Dutiescontinued until February 4, 2002, when the employee collapsed at the workplace.She terminated her employment thereafter due to ill health.Failure to comply with Section : 6(1), OSH ActJUDGEMENT: The Employee was awarded One Hundred and Twenty ThousandDollars ($120,000.00) as compensation.Occupational disease Identified in Schedule 1at:(2.1- Occupational Respiratory Diseases at 2.1.10)
ILO – CONVENTION 161 – (Part II, Article 5) HSE – HEALTH SURVEILLANCE HSG-61
Education, Training and implementation ofoccupational health programs by industry – (dueto obstacles that result in the under-recognitionand reporting of Occupational diseases). Improve knowledge of stakeholders with regardto occupational disease. Worker Orientated Strategies – (to deal with theWorker’s knowledge of Exposure and Controls). Best practice approaches. Through a comprehensive framework oflegislation (OSH Act). Stronger Regulatory enforcement.
Compliance with the Occupational Safety andHealth Act (CHAPTER 88:08)in thePREVENTION OF OCCUPATIONAL DISEASES.