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MANAGING EMPLOYEE LABOUR RELATIONS FOR EFFECTIVE PERFORMANCE

Session 8

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PRESENTATION PLAN

Statutory requirements for employee health and safety.

Employee health and safety programs.

Employee welfare and service programs.

Case: Unsafe Working Environment.

Reading Assignment: Ch. 14 & 15 of course text.

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STATUTORY REQUIREMENTS FOR EMPLOYEE HEALTH AND SAFETY

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1The Occupational

Safety and Health Act, 2007 protects employees in Kenya regarding matters of safety and health at work.

However, despite the law, safety and health in principle should be viewed from the perspective of rights and obligations-

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Employer controlling or covering any risks to employee safety and health.

Employer ensuring provision of all personal protective and safety equipment (PPE) free of charge to the employee.

Employee stopping and leaving the work area should she/he sense any risks to safety and health.

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1The employee telling the employer about any health and safety concerns he/she has.

Employee accessing the Safety and Health Executive (SHE) or union representative if the supervisor won't listen to employee concerns.

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1The employee is entitled to rest breaks during the working day.

Employee is also entitled to time off from work during the working week, and to have annual paid leave or at least in 18 months.

The law provides for at least 30 minutes break in 8 hours and one rest day in seven days excluding national days and public holidays.

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1Employee obligations include:Taking reasonable care of own health and safety.

Avoiding to wear jewellery and/or loose clothing if operating machinery.

If hair is long, wearing a headscarf or keeping it tucked away when working on machinery or in food areas.

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1Taking reasonable care not to put other people - fellow employees and members of the public - at risk by omission or commission while performing work duties.

Co-operating with employer.Employer making sure the employee gets proper training, understands and follows the company's safety and health guidelines.

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1Not interfering with or misusing anything that has been provided for employee safety, health or welfare.

Reporting any injuries, strains or illnesses the employee may suffer as a result of doing a job (employer may need to change work arrangements).

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1Telling the employer if something

happens that might affect employee ability to work (e.g. becoming pregnant or suffering an injury) – The employer has a legal obligation for employee health and safety.

In case the employee operates or drives machinery, the employer will need to know if the employee takes medication that makes him/her drowsy.

The employee should never be drunk while at work.

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EMPLOYEE HEALTH AND SAFETY PROGRAMS

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1All employee safety and health programs should be framed within the Occupational Safety and Health Act 2007

The Act provides for the following: General dutiesAdministrationEnforcement

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1Registration of workplaces

Health general provisions

Machinery safetySafety general provisions

Chemical safety

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1Welfare general provisionsHealth, safety and welfare-special provisions

Special applicationsOffences, penalties and legal proceedings

Miscellaneous provisions

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EMPLOYEE WELFARE AND SERVICE PROGRAMS

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1Welfare includes anything that is

done for the comfort and improvement of employees.

Welfare facilities and conveniences are provided over and above compensation and wages.

Welfare services will help in keeping the morale high and motivating employees retaining them longer.

Welfare measures may be in any kind/form not necessarily in cash terms.

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1Employee welfare

includes: Monitoring of working conditions.

Creation of industrial harmony through infrastructure for health, labour relations

Insurance against disease, accident and unemployment for the workers and their families.

http://money.cnn.com/magazines/fortune/bestcompanies/2011/snapshots/1.html

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1Employee welfare entails all those

activities of employer which are directed towards providing the employees with certain facilities and services in addition to wages or salaries.

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READING ASSIGNMENT

Reading Assignment: Ch. 14 & 15 of course text

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CASE: UNSAFE WORKING ENVIRONMENT Usijali Inc. is a factory that produces popular commodity

products in Kenya. The owners of the establishment enjoy a near monopoly status in the market. At one stage Usijali Inc. had machinery that had seen better days. Most of the machinery and rotating equipment was uncovered and thus exposed workers to extreme danger of serious accident risks. Incidentally some of the employees operating the machinery equipment wore long hair. Some others wore flowing loose garments. None of the employees used Personal Protection Equipment (PPE). One night, an employee on night shift came to work but was under alcohol influence. While at work the employee dosed off and his loosely handing clothes were caught up in the rotating machinery of the factory. The accident would have been fatal had it not been for quick reaction quick reaction of his co-workers who pulled him off the machinery before he could be crashed. He survived with serious injuries on his hands and face. Respond to the tasks on the next slide:

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Identify the flaws in the working conditions and discuss the recommendations you would make as to what should be done to make the working conditions in the factory, employee friendly.

Regarding the Occupational Safety and Health Act 2007, discuss the responsibilities of both the employee and employer for ensuring the working environment was free of accident risks .

Eagles Synergy3 Team-Six Following the

accident management dismissed the employee summarily. The employee took the company to court citing unfairness and the action taken being too harsh. Critically review the situation and determine whether the employer or the employee would emerge victorious in the case.

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END OF SESSION 8

Thank you

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