3. According to ILO estimates,
Diseases caused by work kill Six
times more workers than work-
related accidents.
(International Labour Organisation 2013)
4. KEY SECTIONS OF THE OCCUPATIONAL
SAFETY AND HEALTH (OSH) ACT (Chapter
88:08).
SUPPORTING SECTIONS OF THE OSH ACT.
CASE LAW.
INTERNATIONAL LEGISLATION, GUIDANCE.
WAY FORWARD.
5. KEY SECTIONS OF THE OSH ACT IN THE
PREVENTION OF OCCUPATIONAL DISEASES;
Section 6(1)
Section 10(1) ( a, b &d)
Section 13A
Section 25K
7. States:
It shall be the duty of every employer to
ensure, so far as is reasonably practicable,
the safety, health and welfare at work of all
his employees.
8.
9.
10.
11.
12.
13. Identifies; the Employer’s FAILURE to
provide and manage the Safety,
HEALTH and welfare at work of all his
employees in the Prevention of
Occupational Disease.
15. It shall be the duty of every employee while at
work—
(a) to take reasonable care for the safety and
health of himself and of other persons who may
be affected by his acts or omissions at work;
(b) as regards any duty or requirement imposed
on his employer to co-operate with him so far as
necessary to ensure that that duty or
requirement is performed or complied with;
d) to use correctly the personal protection
clothing or devices provided for his use.
16.
17.
18. Identifies the Employee’s FAILURE to
comply in accordance to his duties under
Section 10(1) a, b & d in the Prevention of
Occupational Disease.
19. Section 13A : States that a every Employer
SHALL make a Suitable and Sufficient Annual
Risk Assessment –
(a)The risk to the Safety and Health of employees so
exposed while at work.
(b) The risk to the safety and health of persons not in
his employment arising out of or in connection with
the environmental impact of his undertaking.
20. Section 13A
is the Legislative cornerstone in the
prevention of Occupational Diseases in the
workplace.
Risk Assessment →Health Risk Assessment
(HRA)
22. A health risk is generally defined as the
likelihood that exposure to a hazard will result
in occupational illness, disability or death.
Health Risk = Exposure x Hazard
(Dose)
24. A Suitable and Sufficient Annual Risk
Assessment is the key to the content and
frequency of the Health surveillance
program in the Prevention of Occupational
Disease.
25. SECTION 25K
States that;
1) Every employer shall ensure that his
employees are provided with such health
surveillance as is appropriate having regard
to the risks to their safety and health which
are identified by the Annual Risk Assessment.
26. 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)
27.
28. SECTION 34(1) – NOISE & VIBRATION
The duty of the employer to take adequate
steps to prevent hearing impairment caused
by noise and diseases caused by vibration
(HAVS).
29. SECTION 37 – Medical Examination
Employees seeking or already employed MAY
BE required by the employer to undergo
Medical examination as a pre- condition for
permanent employment or to determine
fitness to work.
The cost of such examination is borne by the
employer.
30. SECTION 48(1) – NOTIFICATION OF
OCCUPATIONAL DISEASES
A medical practitioner having formed the opinion
that the patient is suffering from an Occupational
Disease, within forty – eight (48) hours, inform
the Chief Medical Officer.
(2) Chief Medical Officer notifies the Chief
Inspector in writing forthwith.
(3) Employer being advised of an employee
suffering a disease referred in Schedule I, shall
give notice in writing within four (4)days.
32. SECTION 6 (3) – CHEMICALS
Primarily deals with the transportation use
and storage of chemicals.
The employer shall ensure that any
hazardous chemicals is not used, handled or
stored unless CSDS is obtained and workers
are instructed and trained consistent with the
CSDS Sheet.
33. SCHEDULE 1 – LIST OF OCCUPATIONAL
DISEASES.
WELFARE REGULATIONS.
ELECTRIC ACCUMULATOR (Manufacture and
Repair ) ORDER - LEAD
35. An employee of fell ill in December 2001 and diagnosed with Bronchitis and
identified as "Very likely to be related to her work environment‖.
Medical recommendations - worker be ―placed in an environment which does not
involve excessive dust and chemicals‖.
The employer did not comply with the recommendations made.
The employee suffered Several episodes of ill health within the period. Duties
continued 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 Act
JUDGEMENT: The Employee was awarded One Hundred and Twenty Thousand
Dollars ($120,000.00) as compensation.
Occupational disease Identified in Schedule 1at:
(2.1- Occupational Respiratory Diseases at 2.1.10)
36. ILO – CONVENTION 161 – (Part II, Article 5)
HSE – HEALTH SURVEILLANCE HSG-61
37. Education, Training and implementation of
occupational health programs by industry – (due
to obstacles that result in the under-recognition
and reporting of Occupational diseases).
Improve knowledge of stakeholders with regard
to occupational disease.
Worker Orientated Strategies – (to deal with the
Worker’s knowledge of Exposure and Controls).
Best practice approaches.
Through a comprehensive framework of
legislation (OSH Act).
Stronger Regulatory enforcement.
38. Compliance with the Occupational Safety and
Health Act (CHAPTER 88:08)
in the
PREVENTION OF OCCUPATIONAL DISEASES.
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.