An Analysis of the National Policy on Occupational Safety and Health

Government policies and international organizations have a direct impact on workplace

health and safety (Kraft & Furlong, 2021). According to Hermanus (1999) and Willis (1985),
some company boardroom executives, have the influence, power, and resources to take the
initiative and define the pattern for safety and health in any firm. Consequently, every industrial
organization can seek to reduce the incidence of accidents at work and occupational diseases by
using a systematic prevention strategy. The identification of dangers, the planning and
monitoring of preventative actions, and the integration of health and safety-related criteria into
normal work and decision-making in any firm or organization are all examples of such schemes
(Hermanus, 1999).
Several new measures, beginning with the OSH Act of 1997, have been adopted over the
last two decades to improve the safety and health of employees and their families as part of a
larger program of national development that has now been elevated to Human Development. The
1997 OHS Act was subsequently changed to Chapter 99:06 of Guyana's laws, and establishes a
framework for occupational safety in all aspects. However, it was only a few years ago that
supportive regulations were drafted with the help of local and international stakeholders to make
the legislation effective.
In 2016, the Ministry of Labour and Social Security issued the National Occupational
Safety and Health Policy (NAOSH). NPOSH was developed in response to the recommendations
contained within the World Health Organization’s Global Code of Practice on Occupational
Safety and health. The policy outlines the steps necessary to ensure adherence to international
standards and regulations. In 2018, it was reviewed.
Guyana is a developing country that has limited resources and a lack of infrastructure. Therefore,
implementing OSH would require significant public and private sector investment. This
document analyses the revised policy, identifies legislative gaps and proposes solutions to
improve workplace safety.
Problem Explanation & Background
Employers now regard workplace safety as a hero, but this was not always the case. Until
1970, the landscape for occupational health and safety legislation was very different. It was
under the Ministry of Labour at the time, but there was no priority, which meant that the workers
were the ones suffering the repercussions.
 According to the ILO's Occupational Safety and Health Convention number 155
(Occupational Safety and Health Convention, 1981), every member shall create, implement, and
regularly review a coherent national policy on occupational safety, occupational health, and the
working environment in light of national conditions and practice. It must be done in
collaboration with the most representative employer and employee organizations. The first
National Policy for OSH was created in September 1993, after a Ministerial advisory tripartite
group made up of the Labour movement and employers' organizations was established within the
then Ministry of Labour, Human Services and Social Security.
In that context, the Ministries of Health and Agriculture, the Guyana Fire Service, the
National Insurance Scheme, the Guyana National Bureau of Standards, the University of
Guyana, the Guyana Association of Professional Engineers, the Labour Movement, and the
Consultative Association of Guyanese Industry Limited formed the National Advisory Council
on Occupational Safety and Health (NACOSH)
Scope and Goals
The Ministry of Social Protection recognized the relevance of workplace safety and
health to Guyana's economic sustainability, as well as the necessity to integrate strong workplace
safety and health concepts and practices. Continuous vocational training and education of safety
and health professionals at the undergraduate, graduate/post-graduate, and even doctorate levels
were regarded critical to the development of competent individuals, culminating to the award of
a Certificate, Diploma, or Degree in Safety and Health.
The Policy was governed by concepts found in national laws, International Labour
Organization conventions, occupational safety and health codes of practice and guidelines, and
the Pan American Health Organization/World Health Organization (PAHO/WHO) and ILO
Action Plans. The social partners and other relevant stakeholders will be consulted at all levels
during the creation, implementation and review of all policies, processes and programmes as
specified in the document. Women, youth, the elderly, people with disabilities, mentally ill
workers, drug addicts, and people living with HIV/AIDS were all included in the policy.
The National Policy on Occupational Safety and Health's goal was to promote and
improve workers' quality of life by preventing social and economic losses, work-related
accidents, and health injuries by eliminating hazards, reducing the number of accidents and
injuries, and combating stress and the incidence of occupational diseases. The establishment of
joint workplace health and safety committees will contribute to strengthening the internal
accountability structure for occupational health and safety.
Roles and Responsibilities
The regulatory authority responsible for advising, directing and coordinating the
execution of this policy is the Department of Safety and Health at Work of the Ministry of Social
Welfare. The Department will work with other sectors involved in this area of activity to speed
up the adoption of this policy. This partnership comprises approximately twenty organizations
and agencies, such as, the National Advisory Council on Occupational Safety and Health, the
Ministry of Public Health, Guyana National Bureau of Standards, the Guyana Fire Service,
Bureau of Statistics and other. These organizations were assigned well-defined roles and tasks in
collaboration with all other OSH agencies in Guyana to improve working conditions and the
environment.
In accordance with the policy, the government provided advising, supervisory,
regulatory, and information services through the Ministry of Social Protection to assist
companies, workers, and trade unions in improving working conditions and the environment.
Therefore, the roles and responsibilities of the Department were summarized as follows:
1. Develop a complete and reliable system for reporting, collecting, recording, analyzing,
storing, extracting and disseminating occupational health and safety information in
consultation with stakeholders.
2. Conducts workplace inspections, accident investigations and complaints, and promotes
employee training in occupational health and safety practices and green technologies.
3. Increase organizational capacity and awareness of occupational health and safety to
effectively assess risks and hazards in the workplace.
4. Conduct routine risk assessments to identify hazards and potential hazards and the
opportunities to mitigate such hazards in keeping with all laws and regulations, including
ISO 18001:2015 or any other such future standard.
The National Advisory Council on Occupational Safety and Health (NACOSH) would
provide advice and recommendations to the Minister of Social Protection on issues relating to
occupational safety and health policy, procedures, plans, and programs. By encouraging
stakeholder cooperation in the development and implementation of occupational safety and
health systems, the council would support tripartite and bipartite negotiations between the state
 and the workplace. In the execution of the National Policy on OSH, it would foster inter-
sectoral collaboration with important players such as the private sector, the (Pan American
Health Organization) PAHO, and the (International Labour Organization) ILO.
In order to accomplish its purpose, the Ministry of Public Health would serve on the
National Advisory Council for Occupational Safety and Health (NACOSH) and give technical
assistance to the Occupational Safety and Health Department. Additionally, the Ministry would
engage in health education and promotion at work to improve their overall health through the
practice of good personal hygiene, routine physical activity, healthy eating, good environmental
health practices, eating a balanced diet and getting adequate sleep, the cessation of smoking,
excessive alcohol consumption, drug abuse avoidance, safe social behaviors/practices, stress
management, anger, violence, and avoidance of other life-threatening behaviors.
The Ministry of Health would also provide primary occupational health care in the
workplace, including eye exams, dental care, ear, nose, and throat care, and treatment for chronic
and communicable diseases, as well as pre-employment and pre-placement medicals. Employ
occupational health physicians to establish services in occupational medicine, industrial hygiene,
occupational therapy, ergonomics, and psychology (to effectively deal with mental illness and
addictions) as well as to improve the diagnostic capability of the aforementioned occupational
diseases.
The employer has a statutory responsibility to provide safe and healthy working
conditions. Implementing favorable working circumstances and adjusting work to the needs of
employees has an impact on worker motivation and determination to create work of high
efficiency and quality, as well as preventing sickness, disability, and early retirement caused by
poor working conditions. Employers should adhere to the following requirements:
1. Develop a written occupational health and safety policy and plan for its implementation.
2. Implement risk assessment and mitigation processes to identify hazards, determine who
might be harmed and how they might be harmed, assess the risk (identify and decide on
safety and health risk control), put measures in place, and monitor and reassess the risk
assessment.
3. Ensure that staff are properly instructed on the processes and measures that should be
followed to prevent workplace accidents and illnesses, with a focus on standard
compliance and adherence to departmental rules and best practices.
 4. Maintain a culture of workplace safety and health, including personal accountability, by
developing and implementing methods to encourage employees to follow this policy and
report any safety or health problems to management, as well as establishing joint
workplace safety and health committees.
The Guyana Fire Service will focus more on enforcing the laws that govern its
operations, with the ultimate goal of averting loss of life, limb, and property, as well as injuries
and death, as well as the loss of economic resources. Services to be provided include:
1. Establish company-specific documented fire prevention and protection policies and
programs to ensure safety for all employees.
2. Conducts annual fire safety inspections for the purpose of issuing fire safety certificates
to businesses, organizations and establishments. It has to be an insurance requirement and
a cost of treatment.
3. Ensure that all establishments have proper fire protection.
4. Provide training for companies, organizations and institutions on fire safety and
safeguarding lives.
5. Implement a comprehensive and pro-active public awareness strategy on fire safety and
prevention.
6. Develop relationships with key stakeholders and agencies to ensure mission success.
Implementation
Occupational health and safety training and education is one of the most effective ways to
improve working conditions and the working environment, and it is a part of overall human
resource development. Appropriate training enhances the ability to discover and analyze
problems, as well as identify the most appropriate technical and economic solutions.
Specific training and education would target safety and health specialists, inspectors, employers,
managers, non-management and trade union representatives, will be done by the regulatory
authority and other partners by way of seminars, workshops, lectures and discussions. Formal
training and education of safety and health professionals leading to a Certificate, Diploma or
Degree in Safety and Health will be done by the University of Guyana, The Critchlow Labour
College and/or other external learning institutions as may be required.
This policy has been developed through a participatory process where the social partners
and other stakeholders have contributed to its development. The policy aims to improve workers'
rights to decent, safe and healthy working conditions and environments, while being consistent
with other national policies and priorities.
The OHS policy would be accompanied by an OHS action plan that describes the
priorities, objectives and targets for achieving the policy goals. The implementation of this
policy calls for excellent cooperation between the many authorities and stakeholders. NACOSH
will regularly monitor and review the implementation of the aims of this National Policy on
OSH, and the findings will be included in NACOSH's annual report, which will be presented to
the Government and laid before Parliament before the end of each calendar year. It will also be
used to inform NACOSH's annual business plan.
Limitations
While the National Occupational Safety and Health Policy is laudable, Guyana's
regulations are outdated and ineffective, meaning workers cannot count on legislation to provide
adequate protection. Some of the most common limits include:
Legislations
Many workers are left unprotected if they do not work in certain types of workplaces,
such as "factories" or "workshops", because certain rules target only certain types of workplaces.
Public sector employees, as well as the self-employed, are often excluded from existing
legislation. Even for very serious violations, the penalties for employers who break the law are
low. There are insufficient resources available to ensure compliance and to inspect workplaces.
Many businesses and labour organizations are unaware of current laws, rules, codes of
practice, guidelines, and other resources. Unions, workers, and employers are not involved in the
standards process at all. Many standards are written in such a way that they cannot be used for
enforcement from a worker's point of view.
Enforcement
Implementation of health and safety policy raises a range of issues. Some of the most
common problems include:
1. Insufficient inspectors and as a result, inspectors are unable to visit every workplace on a
regular basis if any visit without a formal complaint is conducted.
2. Most inspectors will go to large companies or those with a health and safety background.
3. Inspectors can only implement existing legislation, which may be effective or protective.
 Recommendations
While the National Policy on Occupational Safety and Health itself, covers most of the
ideal grounds, such as protecting all workers; being oriented toward the prevention of
occupational illnesses and injuries by requiring employers to comply with regulations that are
more protective than existing minimum standards; including provisions for adequate
compensation and rehabilitation for workers when needed; and including provisions for enough
workplace inspectors who are properly supervised, the National Policy on Occupational Safety
and Health still falls short, in strengthening its implementation.
For health and safety regulations to be successful, it must be enforced by the government.
Inspectors from the government are needed to examine, monitor, and enforce the law in the
workplace. These inspectors are known as health and safety inspectors or factory inspectors, and
they work under the Ministry of Labour or a similar agency. Employers must adhere to the
minimal legal health and safety standards, according to inspectors. Their authority, however, is
restricted to the scope of the legislation; inadequate and ineffectual legislation offers inspectors
little power, and as a result, little or no action to improve working conditions may be taken.
In an ideal world, adequate enforcement would include: sufficient trained, equipped
personnel with access to information to inspect workplaces and enforce laws; regular,
unannounced inspections of all workplaces; penalties that are proportional to the illegal action
committed, including severe penalties for very serious offenses; and strong, protective
legislation. Allow for harsh consequences for employers who breach the law; consider any
regional needs. The National Policy on Occupational Safety and Health must explicitly state and
implement enforcement in order to be effective.
 Reference
Government of Guyana (2018). National Policy on Occupational Safety and Health
Hermanus A. M. (1999). Trend in Occupational Health and safety policy and regulations issues
and challenges for South Africa. Takena Program in International Health: Harvard School
of Public Health
Kraft, M. E., & Furlong, S. R. (2021). Public policy: Politics, analysis, and alternatives. CQ
Press, an imprint of SAGE Publications, Inc.
Occupational Safety and Health Convention 155, 1981
Willis, R. (1985). The role of the Commonwealth. The Industrial Relations of Occupational
Health and Safety. B. Creighton and N. Gunningham. Sydney, Australia, Croom Helm
Australia