SAFETY HEALTH IN THE PUBLIC SERVICE Mr S

SAFETY & HEALTH IN THE PUBLIC SERVICE Mr. S. Coolen Director, Occupational Safety and Health Unit SICOM Building II, Port Louis 26 June 2018

CONTENT • Legislative framework • Risk Assessment • Accident - Mechanism • PPE • Ergonomics • Health Surveillance • Fire Safety • Training • Safety and Health Committee • Statutory Examination

Millions of Workers die or are injured or fall ill every year as a result of workplace hazards Suffering i. t. o Human life is enormous……Economic costs to ensure OHS so great they may undermine National aspirations for sustainable economic & social development.

MORAL , LEGAL & FINANCIAL REASONS FOR PROMOTING GOOD STANDARDS OF SAFETY • Moral – victim suffer, families & dependants, emotional stress, loss of social amenity, long term care, post trauma stress disorders. • Financial – compensation , property damage, damaged product, sick pay DC Replacement staff, investigation cost, poor publicity • Legal – civil claim, criminal

DEFINITION • Occupational Safety and Health(OSH) is a multi-disciplinary field with safety and health welfare of people at work Health is “a state of complete physical, mental & social well being and not merely the absence of disease or infirmity” WH O Safety: Freedom from harm or danger – the state of being safe

KEY PRINCIPLES UNDERPINNING OSH

CORE OSH PRINCIPLES • Extensive multidisciplinary field touching on issues related to Medicines, Law, Technology, Econ • All workers have Rights Ø workers, employers & Govt must ensure rights protected and foster decent conditions of labour • OHS policies must be established, implemented and effectively communicated • Need for consultation with social partners [empl’er & workers] and stakeholders

CORE OSH PRINCIPLES(cont. ) • prevention & protection must be the aim of OHS programs and policies • Information is vital for the development & implementation of effective program &policies • Education & training are vital component of OHS • Workers, employers and competent authorities have certain responsibilities, duties & obligations

OSH CONVENTION, 1981 (C 155) • Generally applicable (with flexibility) • Targets both government and enterprises (employers and workers) • Based on tripartism • National Policy subject to periodic review • Based on prevention

PROMOTIONAL FRAMEWORK FOR OSH CONVENTION, 2006 (C 187) • A national OSH systems shall include: Ø legislation; Ø competent authority; Ø mechanisms for ensuring compliance; Ø arrangements to promote cooperation between management and workers; Ø tripartite advisory body; Ø information and advisory services; provision of training; occupational health services; Ø research on OSH; Ø mechanism for data collection and analysis; Ø collaboration with social security schemes; and Ø support mechanisms for improving OSH conditions in micro-enterprises, SMEs and the informal economy.

LAW OSHA 2005

OSHA 2005 Policy, Planning Control, Monitoring, Training, etc… Occupational Safety and Health Act 2005 More responsibilities General duties of employer Special duties of employers Safety and Health Committee Risk Assessment

REGULATION • OSH(Ship Construction and Ship Repairs 2013) • OSH(Work at height) Regulations 2013 • OSH(Fees and Registration)(Amendment) 2013 • OSH (Employees Lodging Accommodation)(Amendment) Regulations • OSH(Personal Protective Equipment)Regulations 2012 • OSH(safety of Lift at Work) Regulations 2012 • OSH(Noise at Work) Regulations 2012 • OSH(Scaffold) Regulations 2011 • OSH(Employees Lodging Accommodation) Regulations 2011 • OSH(Transitional Provisions)(Amendment)Regulations 2009

REGULATIONS(cont. ) • OSH(Electricity at Work) Regulations 2009 • OSH(Fees and Registration)(Amendments)Regulations 2011 • OSH(Fees and Registration) Regulations 2007 • OSHW(Woodworking Machines) Regulations 1989 • OSHW(Asbestos)Regulations 2004 • OSHW(First Aid)(Amendment)Regulation 2003 • OSHW(First Aid)(Amendment)Regulation 2000 • OSHW(First Aid)(Amendment)Regulation 1989 • Health, Safety and Welfare 1980

CASE STUDY Mr. Kone-Tous, 21 years, joined the Ministry of Health & QL on 01 November 2014 as Health Care Attendant. On 02 December 2014, he was requested by his Supervisor to accompany 3 of his colleagues to the Gas shed for collection of Oxygen cylinders to be used in the Neonatal ICU. Mr. Kone-Tous was observing his colleagues who were loading a trolley with the Oxygen cylinders while he was standing next to the trolley. After loading a first set of cylinders on the trolley, one of them suddenly rolled out and fell heavily on the right foot of Mr. Kone-Tous. He sustained multiple fractures on his foot and had to stay away from work for 1 month. At time of accident he was wearing a pair of sandal. He is seeking legal advice for compensation. LETS DISCUSS !

LEGISLATIVE FRAMEWORK • OSHWA 1988 v/s OSHA 2005 • Duties of Employer • Court Cases • Employer representatives • Criminal v/s Civil

DUTIES OF EMPLOYERS • To ensure the safety & health at work of all his employees • Provision & maintenance of safe and healthy working environment • Provision of information, instruction, training & supervision • Provide and maintain adequate arrangements and facilities for the welfare of his employees • Ensure that any person not in his employment is not exposed to any risk to his safety and health

SPECIAL DUTIES OF EMPLOYERS • Establish appropriate procedures to be followed in the event of fire, explosion or accidental release of hazardous substances • 50 or more Employees – Make a written statement of his policy w. r. t the safety and health of his employees • Ensure that none of his employees has access to any restricted area

RISK ASSESSMENT • Every employer shall make a suitable and sufficient assessment of any risk to the safety & health • Any assessment shall be reviewed not later than 2 years or earlier • Significant findings of any assessment shall be recorded in a register

DUTIES OF EMPLOYEES • Take care of the safety & health of himself and surrounding people • Cooperate with management to ensure his safety • Wear any PPE issued to him • Report to his employer about defective, loss, destruction of PPE/Clothing • No smoking in the premises • Report any accident, incident, near miss & dangerous occurrence

COMPLAINT TO PERMANENT SECRETARY • An employee may file a complaint against his employer with the Permanent Secretary if he considers that his safety and health can be adversely affected as a result of a breach of or inadequate measures taken under, this Act • No civil or criminal action, or any form of disciplinary proceedings, shall lie against any employee under this Act

ACCIDENT - MECHANISM • First aid arrangements • Transport facilities • Investigation • Reporting • Notification • Injury Board

FIRST AID • Provisions for first aid facilities Ø First aid box Ø Adequate and appropriate equipment Ø Items listed in the First Aid Regulations Ø Qualified first aider

PPE • High Risk • Risk Assessment • Introduction of PPE • Standing Committee • Request – Type + Specification • Provision of PPE - Law

ERGONOMICS • Working space – 11 cubic metres • Layout • Furniture (walking space) • Chairs

HEALTH SURVEILLANCE • Section 77 of OSHA 2005 • Free of charge • Occupational Health Unit • Specific groups – e. g sprayer men etc.

OCCUPATIONAL HAZARDS • Types of hazards • Stress Management • Hierarchy of control • Psychosocial hazards : ü Smoking ü Alcohol ü HIV/AIDS • Disable Person

TRAINING • OSHA 2005 • Recruitment – Induction • Refresher Course • PRB - 60 hours

SAFETY & HEALTH COMMITTEE • Section 21, 22 & 23 OSHA 2005 • Function of S&H Committee • Composition of S&H Committee • Establishment of S&H Committee • Secretary to Committee

SAFETY AND HEALTH COMMITTEE - FUNCTION • The function of the Safety and Health Committee is to: Ø Promote co-operation between the employer and the employees Ø Make proposals to the employer Ø Seek specialist advice Ø Make recommendations to the employer on training requirements etc. Ø Discuss occupational accidents, dangerous occurrences etc.

SAFETY AND HEALTH COMMITTEE - COMPOSITION • Every employer of 50 or more shall establish a safety and Health Committee • The Committee shall consist of: 1. A Chairperson 2. A Vice-chairperson 3. A secretary 4. (i) 4 members where number of employees is 50 or more but less than 100 (ii) 8 members, where number of employees is 100 or more • to represent equally the employer and the employees

SAFETY AND HEALTH COMMITTEE - ESTABLISHMENT • The Safety and Health Committee meeting shall be held during normal working hours at least once every 2 months or earlier as requested by any representative • 10 days written notice to be given to the Permanent Secretary prior to date of meeting of notice

STATUTORY REQUIREMENTS • Examination of Lifts • Testing of RCDs • Examination of Fire Extinguishers • Cleaning of Water Tanks • Maintenance of A/C • Fire Drills

FIRE SAFETY • Sufficient number of people trained in the proper use of the means of extinguishing fire ü Fire Certificate ü Means of escape ü Evacuation Procedures ü Signs and Notices ü Fire Drills

OSHMS • The overall aim of an OSHMS is to continuously improve OSH performance through the effective management of OSH risks and activities in the workplace.

QUESTIONS

THANK YOU Ministry of Civil Service & Administrative Reforms Occupational Safety and Health Unit Tel: 405 4105 Fax: 208 8642