Lecture 2-3 on Fundamentals of Labour Protection

1. Management of Occupational Safety
and Health (M-OSH)
Lecture 2-3
«Occupational safety and health is an area where good
practices in different contexts could be shared»
Guy Ryder, ILO Director-General
Message on the World Day for Safety and Health at Work
1

2. Background ( Lecture 1)
• Occupational safety and health (OSH) is a
discipline dealing with the prevention of work-
related injuries and diseases as well as the
protection and promotion of the health of
workers.
• It aims at the improvement of working
conditions and environment.
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3. Why is Occupational Health and Safety important now?
Ukraine – 364 fatal accidents per year (2016)
Every day 1 person dies at workplace as a results of fatal accidents
+ 4766 injuries per year (2016)
+ 1603 diseases per year (2016)
3

4. Background ….
History in terms of OSH
• era of boiler safety
• era of machinery safety (1914-1950)
• era of industrial safety (1950-ies – 1980ies)
• Era of industrial safety and health (1970-ies-
1990ies)
• Era of occupational safety and health (1990ies –
now)
….. What is next?
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5. Background history
2020
1919
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6. 6

7. OSH Management
Lecture 2 objectives
1. To describe the OSH regulations (national
and international levels) and compliance
2. To define the structure and functions of OSH
Management System at state level and at
enterprises
3. To analyze the tasks of the OSH services at
enterprises
4. To define additional measures for the
improvement of the OSH
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8. UKRAINIAN OSH LEGAL FRAMEWORK
International Laws
– ILO Conventions (71,13)
– International Treaties (EU, Canada)
Constitution of Ukraine
2.1. OSH regulations (national and international levels)
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9. The Constitution of Ukraine
guarantees its citizens the generality of the rights, namely:
• to life and health;
• to work;
• to proper, safe, and healthy working conditions;
• to timely payment for work performed;
• to maximum duration of work time, minimum duration of rest
and to days off and holidays;
• to weekly rest days and paid annual leave;
• to shorter working days for certain professions and industries,
as well as reduced hours of night work;
• to protection from unlawful dismissal;
• to social protection;
• to health care, medical aid, and medical insurance
• the prohibition of forced labour etc.
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10. General laws on OSH
• Law on Labour Protection № 2695-XII, 14.10.92
• Labour Code № 322-VIII, 10.12.1971
• Law on Compulsory State Social Insurance № 1105-XIV,
23.09.1999
• Fundamentals of the Legislation on Health Care 19
.10.1992 № 2801-XII
• Law on Ensuring Sanitary Well-being and Protection
from Epidemics among the Population
• Code of Civil Defense
• Law on High-Risk Facilities 18/01/2001 N 2245-III
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11. Specific Laws and Regulations on OSH
• Procedure for Workplace Assessment in Terms of Working Conditions No.
442, on 1 August 1992
• Resolution on Identification and Safety Declaration of High-Risk Facilities
No. 956, of 11.07.2002
• List of Labour Protection Activities and Means No. 994, of 27.06.2003
• Procedure for Issuing Permits for High-Risk Work or the Use of High-Risk
Machines, Mechanisms or Equipment No. 1107, of 26.10.2011
• Law on Technical Regulations and Conformity Assessment No. 124-VIII, of
15.01.2015
• Regulation on the Procedure for State Expert Examination No. 431, on
23.06.1994
• Procedure for Conducting Inspection, Testing and Expert Examination of
High-Risk Machines, Mechanisms and Equipment No. 687, of 26.05.2004
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12. Subordinated Legal Acts on OSH developed by
different ministries
• Limits of Lifting and Moving of Heavy Items by
Women
• Regulation on the Procedure for Providing Workers
with Special Clothing, Footwear and Other PPE
• Rules and Regulations on Hygienic Classification of
Labour
• …….
• …….
• …….
Dnaop.com
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13. 13

14. Law on Labour Protection
№ 2695-XII, 14.10.92
• Section 1 General provisions
• Section 2 Guarantee of the rights to labor protection
• Section 3 Organization of labor protection (management)
• Section 4 Promotion of labor protection
• Section 5 Legislation acts on labour protection
• Section 6 State management of Labour Protection
• Section 7 State supervision public control on labour protection
• Section 8 Responsibility for violation of legislation on labour
protection
• Section 9 Final provisions
Article 13
sets the employer’s duties as regards the organization and functioning of the
OSH-MS at the enterprise level
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15. 2.2. Structure and functions of OSH Management System
Levels of the OSH-MS
International level
State level
Industry/Branch
Organization
level
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16. Elements of the national framework for OSH management
systems
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17. The goals of OSH-management
• lowering the numbers of accidents and
diseases;
• to decrease the number of incidents that
hinder production;
• to lower the amount of employees with sick
leave or disabilities related to occupational
safety and health;
• to minimize the costs of accidents and
diseases.
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18. OSHMS types
Mandatory OSHMS Voluntary OSHMSs
government legislation/
limited set of core principles
promoted by commercial
organizations, large corporations
and associations
inspections, fines and other
corrective measures
international standards,
more complex & formalized in terms
of specifications
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19. Initiation (OSH Inputs)
1.0 Management tasks and resources
1.1 Regulatory and system
1.2 Responsibility, and authority
2.0 Employee participation
Formulation (OSH process)
3.0 Occupational safety and health policy
4.0 Goals and objectives
5.0 Performance measures
6.0 System planning and development
6.1 Baseline evaluation and hazard/risk assessment
7.0 OSHMS manual and procedures
Implementation/operations
(OSH process)
8.0 Training system
8.1 Technical expertise and personnel qualifications
9.0 Hazard control system
9.1 Process design
9.2 Emergency readiness and response system
9.3 Hazardous factors management system
10.0 Preventive and corrective action system
11.0 Subcontracting
Evaluation (Feedback)
12.0 Communication system
12.1 Document and record management system
13.0 Evaluation system
13.1 Auditing and self-inspection
13.2 Incident investigation and root cause analysis
13.3 Medical programme and surveillance
Improvement/integration (Open
system elements)
14.0 Continual improvement
15.0 Integration
16.0 Management review
Structure of a universal OSH-MS
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20. Basic characteristics of OSH-MS (1)
1. All components of OSH are relevant to the members of the
organization and the business process.
2. Functions of OSH-MS are:
(1) to increase the efficiency of OSH management;
(2) to guarantee compliance with existing legislation;
(3) to improve OSH performance.
3. It is a holistic approach, specifying and requiring implementation
of a series of elements and interactions between them.
4. The functioning of an OHS MS is evaluated on a regular basis
(through OSH audits).
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21. 5. In every OSH-management system the employer is
responsible for the occupational safety and health
performances.
The employer, regardless the size of the company,
has to:
• make an OSH-policy;
• identify the risks;
• make a plan of action;
• implement actions;
• evaluate the plan of action;
• adapt the OSH-policy.
Basic characteristics of OSH-MS (2)
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22. OHS management as an iterative process for continual
improvement
OHSAS 18001
Occupational
health
and safety
Assessment
Series
ISO 9000
ISO 14000
DSTU OHSAS 18001:2010
“Occupational Health and Safety Management Systems Requirements”.
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23. Key Elements of a H&S Management System
Policy
Effective health and safety
policies set a clear
direction for the
organisation to follow.
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24. Organising
An effective management structure
and arrangements are in place for
delivering the policy.
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Key Elements of a H&S Management System
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25. Planning
There is a planned and
systematic approach to
implementing the health
and safety policy through
an effective health and
safety management
system.
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26. Planning for Health & Safety
Management
Planning for OH&S involves:
• Identifying requirements for the system -
what needs to be done
• Setting clear performance criteria -
what is to be done
• Identifying who is responsible -
who gets it done
• Setting time scales -
when it should be done by
• Identifying the desired outcome -
what should be the result
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27. Measuring
Performance
Performance is measured against
agreed standards to show when and
where improvement is needed.
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28. Auditing and
Reviewing of
Performance
The organisation learns from
all relevant experience and
applies the lessons.
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29. DSTU OHSAS 18001:2010
“Occupational Health and Safety Management Systems
Requirements”.
• The OHSAS 18001 management systems, although explicitly addressing
both occupational health and safety, are, in practice, focused more on
safety than on health.
• The OHSAS method is based on the ‘Deming cycle’, which consists of an
iterative process of four steps, known as ‘Plan, Do, Check and Act (PDCA)’.
The involvement of top management in all steps of the process is essential for
an effective management system.
Risk assessment is the most important in the ‘Plan’ stage.
The participation of employees with relevant skills and competences, and
available resources is critical for 'Do'.
Performance measures and corrective and preventive action are the essence
of 'Check', while ‘Act’ centres around the management review, taking into
account OSH performance measures.
An overview of the four steps and the elements of OHSAS is shown in table
1[17].
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31. 31

32. 32

33. 33

34. Працівник - особа, яка працює на підприємстві, в організації, установі та
виконує обов'язки або функції згідно з трудовим договором (контрактом).
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35. Health and Safety Management System
Benefits (?)
• …
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36. Health and
Safety Management System Benefits
• A reduction in accidents and occupational ill
health
• A reduction in stress and an increase in
productivity
• A reduction of paying legal costs and
compensation
• Reputation Benefits
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37. Key functions of the OSH Services include:
• development of efficient labour protection management system at the
enterprise, and promoting improvement of every structural unit’s and
every worker’s activities, towards this goal and providing expert support to
the employer’s decisions;
• organizing preventive measures aimed at eliminating harmful and
hazardous production factors, and averting occupational accidents,
occupational diseases, and other threats to workers’ life or health;
• studying and promoting industrial introduction of scientific and technical
achievements, advanced and safe technologies and modern collective and
personal protective equipment;
• controlling observance by workers;
• providing information and explanations on labour protection matters to
workers of the enterprise.
2.3. OSH Services / Labour Protection Services
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38. Enterprise
50 or more
persons
employer shall
establish
Labour Protection
Services
<50 persons
functions of the labour
protection services may
be performed by
persons
appropriately
trained
<20 persons
third party specialists
may be engaged in the
performance of functions of
the labour protection
services/
on a contractual basis
Law on Labour Protection, Section 3
№ 2695-XII, 14.10.92
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39. Rights of OSH services specialists
to:
• issue binding notices to managers of an enterprise’s
structural units to eliminate existing defects, and obtain
necessary data & documentation
• demand suspension from work of any persons who are not
allowed to perform work or that fails to comply with
requirements of regulatory legal acts on labour protection
• stop the work of a production unit… mechanisms, equipment
or other production means, in case of violations that pose a
threat to life or health of workers
• send a request to the employer for holding liable the workers
who violate labour protection requirements.
A notice issued by an labour protection specialist may only be
canceled by the employer.
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40. EU policies &regulation vs Ukrainian Legislation
• Focus on industrial safety only and detriment of health services
issues
• The absence of obligation of the employer to designate one or
more workers to carry out activities related to the protection and
prevention of occupational risks for the undertaking and/or
establishment
• Low level of requirements that the designated workers for OSH
activities
• Low level of requirements to external service providers or persons
consulted
• Unclear demands to the number of professionals of the OSH
services considering the size of the undertaking/ establishment, the
existing risks and the number and distribution of the exposed
workers,
• Weak working connections between the different OSH services
providers (designated worker, internal services or external services).
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41. • Worker’s Training
– form, specific information, pre-defined time frames
• Reporting, Notification and Inquiries of Work-Related
Accidents and Occupational Diseases
– essential for accident prevention
– insufficient effective mechanisms for the recording of
accidents and diseases
– leads to violations of the legal rights and interests of
workers
• OSH Education and Vocational Training
• Labour Inspectors’ Activity in the field of OSH
• Compulsory State Social Insurance
2.4. Additional measures for the improvement of the OSH at
enterprises
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42. Management of Occupational Safety
and Health (M-OSH)
2.1. OSH regulations (national and international levels)
2.2. Structure and functions of OSH Management
System
2.3. OSH Services / Labour Protection Services
2.4. Additional measures for the improvement of the
OSH at enterprises
2.5. State and public control on OSH at enterprise
2.6. Workplace Assessment in Terms of Working
Conditions
2.7.Promotion of Labour Protection
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43. QUESTIONS ?
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44. Worker’s Training
Notwithstanding the provisions of the law on labour protection (e.g., Article
18) and the provisions of the Order of the SCLPS No. 15, on the Model
Regulations on the procedure for training and knowledge testing on labour
protection, the Ukrainian regulations only partially foresee the requirements
set forward by Article 12 of the EU Directive 89/391/EEC.
They appear to fail on providing, in particular, that:
• Training should be in the form of information and instructions;
• Training has to be specific to the worker’s workstation or job;
• Training should be repeated as oft en as necessary (having only decided to
establish its repetition on the basis of a pre-defined time frame.) which,
moreover, does not allow ensuring that the training is adapted to take
account of new or changed risks;
• Training provided to workers, in particular, on recruitment and in the
event of a
• transfer or a change of job, change of equipment or change in technology,
and whenever necessary, should be given during working hours.
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45. OSH Education and Vocational Training
Training on OSH is aimed at raising awareness, information and knowledge among workers and
employers on OSH. It is therefore expected that the quality of training delivered can have a
relevant and positive impact on the reduction of the work-related accidents and occupational
disease numbers and incidence rates.
• Notwithstanding the above, Ukraine does not have any legislative requirements for economic
entities entitled to provide training and organize knowledge testing on OSH in terms of
material, technical, staffing, programmatic, training, methodological and information
provision.
• Given that the above training has certain specificities related to occupational safety and
health, state regulation of this type of activity seems fully justified, in order to ensure its
relevance and quality, by determining, at the legislative level, the relevant requirements and
clear criteria for the selection of teaching staff in charge of conducting the training on OSH.
• In addition, the thematic model plan and curriculum on OSH for officials need to be
complemented with issues related to the risk assessment and management (requirements of
the fundamental EU Directives and ILO Conventions on OSH and labour inspection).
• It should be emphasized that special attention is to be paid to OSH during training of young
people at educational institutions, as the conscious attitude towards these issues is better
developed at a younger age.
• Moreover, and considering Article 14 of the ILO Convention No. 155, strengthening and
updating the contents regarding OSH and the work environment in the curricula of all levels
of education and training should be considered, including higher technical, medical and
professional education, in order to meet the needs of workers and employers, as well as their
representatives.
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