NATIONAL OCCUPATIONAL SAFETY AND HEALTH WEEK

2013

THE PREVENTION OF OCCUPATIONAL DISEASES

PRESENTER:ARLENE JOHN-SEOWSafety and Health Inspector II

THE OCCUPATIONAL SAFETY AND HEALTH ACT (CHAPTER 88:08)

IN THE

PREVENTION OF OCCUPATIONAL DISEASES

According to ILO estimates, Diseases caused by work kill Six times more workers than work-related accidents.

(International Labour Organisation 2013)

DEATH BY OCCUPATIONAL DISEASES

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.

OBJECTIVE:

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

THE OSH ACT (Chpt 88:08)

SECTION 6 Subsection (1)

EMPLOYERS DUTY

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.

Section 6 (1)

Irritant Dermatitis

Allergic Dermatitis of the Face

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.

EMPLOYERS DUTY Continue……..

Section 10 Subsection (1) (a,b &d)

EMPLOYEE’S DUTY

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.

Section 10 Subsection (1) ( a, b &d)

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.

Section 10 Subsection (1) (a, b &d)

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.

Risk Assessment

Section 13A is the Legislative cornerstone in the

prevention of Occupational Diseases in the workplace.

Risk Assessment →Health Risk Assessment

(HRA)

Risk Assessment Continue……..

Defined as:

“The identification of health hazards in the workplace and subsequent assessment of risk to health”.

Health Risk Assessment (HRA)

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)

HEALTH RISK

© OGP & IPIECA,

2006.

Health Risk Assessment Process

Identify health hazards and theirharmful effects (acute/chronic)

Assess the potential risk for each health hazard by plotting its potential

Consequence and Likelihood on the RAM

Are Control and Recovery measures adequate to control health risks to

ALARP?

Medium or High Risk

Low Risk

Yes

No

Develop RemedialAction Plan to Improve Control &Recovery measures

Manage for continuous improvement via standard

procedures and competences within HSE-MS (check

these are adequate)Don’t know - obtain further information

Review when changes affect risk and at designated intervals

Document the Assessment,Controls, Recovery Measures

and Remedial Action Plan

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.

Health Risk Assessment Process

SECTION 25KStates 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.

HEALTH SURVEILLANCE

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)

HEALTH SURVEILLANCE

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).

OTHER RELEVANT / SUPPORTING SECTIONS OF THE OSH ACT

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.

SUPPORTING SECTIONS OF THE OSH ACT CONTINUE..

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.

SUPPORTING SECTIONS OF THE OSH ACT CONTINUE..

REPORTING FORM (7)

NOTIFICATION OF OCCUPATIONAL DISEASES

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.

SUPPORTING SECTIONS OF THE OSH ACT CONTINUE

SCHEDULE 1 – LIST OF OCCUPATIONAL DISEASES.

WELFARE REGULATIONS.

ELECTRIC ACCUMULATOR (Manufacture and Repair ) ORDER - LEAD

SUPPORTING SECTIONS OF THE OSH ACT CONT…

TRADE DISPUTE NO.221 OF 2003

IN THE INDUSTRIAL COURT

OF

TRINIDAD AND TOBAGO

CASE LAW ON OCCUPATIONAL DISEASE

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)

CASE LAW ON OCCUPATIONAL DISEASE cont..

ILO – CONVENTION 161 – (Part II, Article 5)

HSE – HEALTH SURVEILLANCE HSG-61

BEST PRACTICE FOR THE PREVENTION OF OCCUPATIONAL DISEASES.

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.

Way Forward for the Prevention of Occupational Disease

Compliance with the Occupational Safety and Health Act (CHAPTER 88:08)

in the

PREVENTION OF OCCUPATIONAL DISEASES.

SUMMARY

END

THANK YOU