THE ROLE OF OCCUPATIONAL HEALTH AND SAFETY IN SUSTAINING HUMAN CAPITAL

1. THE ROLE OF OCCUPATIONAL HEALTH AND SAFETY
IN SUSTAINING HUMAN CAPITAL
Matt Dicken
CEO of Strategic Wealth
Design

2. Key issues
• How can the South African “human capital” / workforce be
sustainedthroughgoodhealthand safetylawsandpractices?
• Are there international standards / best practice experiences
which can informthe South African position?
• Does the South African constitutional framework impact in
this area?
• How to view occupational health and safety in the emerging
SouthAfrican context?
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3. Is occupational health and safety (still) a global
issue?
• Amount of compensation paid and number of cases reported
increase yearly
• Overall annual rate of occupational fatal and non-fatal
accidents is estimated at 270 million
• 160 million workers suffer from work-related diseases; Two-
thirds cause a loss of four or more working days
• Economic impact: (including compensation, training costs,
medical expenses, loss of working days): roughly 4%of GNP

4. Is occupational health andsafety (still) a real issue in SA?
• The DoL has acknowledged the cost of non-adherence to OHS
(amendments promised)
– Death, disability, loss of income, decline in GDP, general cost to the
country
– Over 230 000 workplace accidents / 10 000 diseases reported per
annum (excludes self-employed and ICs, issue of under-reporting in
SouthernAfrica)
– Estimated at R30 billiona decade ago (3,5%of GDP)
– Costs to employers, workers and their families and the state (CF
paidR2,3 billionlast year)

5. “Unfortunately, the most creative social
protection systems cannot confront a tidal
wave of health problems from insecure,
hazardous and low-quality jobs”
An awareness of the social cost or injuries /
diseases is seriously lacking

6. The approach
• International perspective
• The regional position
• Bestpractices
• Constitutionalframeworkand legal issues
• Developing world / globalisation / in formalisation / GFC
considerations
• General remarks

7. International framework:
ILO Standards
• Occupational Safety and Health Convention No. 155 of 1981 (ratified in 2003):
(tripartite occupationalhealthsystems, rights and responsibilities)
– “Each member shall, in consultation with the most representative organisations
of employers and workers, formulate, implement and periodically review a
coherent national policy on occupational safety, occupational health and the
working environment.”
– Identify functions and responsibilities of all stakeholders (but recognise
complementarycharacter)
– Reviewnational policy at regular intervals
– Adequate and appropriate system of inspection and enforcement – adequate
penalties for violations.

8. Occupational Health and Safety Convention No. 155 of 1981
• Addresses the standard of “reasonably practicable”
• The Convention also provides for the protection of a worker
from unfair consequences - removal from situation of
imminent and serious danger (SA cases)
• Prescribes that the coverage of safety and health law is to apply
to all branches of economic activity and to all branches of
activity covered
• Safetyand Health in Mines Convention No. 176 of 1995

9. Other (unratified) Conventions
• Occupational HealthServices Convention No. 161 of 1981
• Safety and Health in Construction Convention No.167 of 1988
• Chemicals Convention No 170 of 1990
• Prevention of Major Industrial Accidents Convention No 174 of
1993

10. Promotional Framework for Occupational Safety and Health
Convention, 187 of 2006
• Attempts to raise the profile of OHS as an issue both nationally
and internationally
• Safeworkis an integral part of the ILO’s decentworkagenda
• Fundamental building blocks of a global OHS strategy are the
building and maintenance of a national preventative safety
andhealthculture

11. “A national preventative safety and health culture”
• Right to a safe and healthy working environment is respected
at all levels;
• Governments, employers and workers actively participate to
secure a safe and healthy working environment through a
systemof defined rights, responsibilities and duties; and
• The principleof preventionis accorded the highest priority

12. Building the culture
• Requires making use of all available means to increase:
– Generalawareness,
– knowledgeand
– understanding of the concepts of hazards and risks and how they
may be preventedor controlled

13. Other key elements
• National policy in consultation with representative
organisations
• Develop a national OHS system containing the infrastructure
to implement the policy
• Analysethe national OHS situation
• Implementover a specific period of time
• Collaborationwith any occupational injury programme

14. Safety and Health Standards in the SADC
• Does SADC comply with international standards, specifically
the ILO’s Occupational Safety and Health Convention No 155 of
1981?
– Most recentlegislation, eg SA, mostlycompliant
• Appliesto more than just employees
• Tripartite council (althoughadvisory)
• Training obligations (informemployeesand healthand safetyreps)

15. OSHStandards in the SADC
• Challenging aspect: how to extend the legal coverage to include
small-scale enterprises, rural workplaces and the inspection of
machinery and equipment prior to the installation thereof in
the workplaces
• Enforcement is a problem
– Lengthy court processes
– Unwillingness to prosecute

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