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7439 Unit-3

The document outlines the roles and responsibilities of national governments, employers, and workers in occupational health and safety (HSE) as part of a course module. It emphasizes the importance of defining roles within organizations, the international legal framework provided by the ILO, and the specific obligations of employers and workers to ensure a safe workplace. Additionally, it discusses the role of enforcement agencies and the necessity for effective communication and accountability in health and safety management.
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0% found this document useful (0 votes)
26 views52 pages

7439 Unit-3

The document outlines the roles and responsibilities of national governments, employers, and workers in occupational health and safety (HSE) as part of a course module. It emphasizes the importance of defining roles within organizations, the international legal framework provided by the ILO, and the specific obligations of employers and workers to ensure a safe workplace. Additionally, it discusses the role of enforcement agencies and the necessity for effective communication and accountability in health and safety management.
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Foundation in Occupational Health and

Safety (Course 7439-AIOU)


Unit 3: Roles of National Government
and International Bodies

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Learners Outcome
This Module shall enable learners to:

 Discuss the international framework related to occupational HSE.

 Discuss the role of National government in HSE

 Discuss Employer’s Responsibilities for good HSE

 Discuss Worker’s responsibilities in HSE

 Explain the role of enforcement agencies

 Discuss the other international Standards


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Why Roles and Responsibilities?

 Defining roles and responsibilities within the business, whether it’s an office-
wide initiative or dedicated to a single group, permits team to more effectively
manage their entire business.

 Everyone should understand their role within the business and what they are
expected to accomplish, from opening the office in the morning to the tasks that
keep them busy throughout the day.

 The individual roles that make up a team vary depending on the organization or
business. Let’s take the role of a customer service representative as an example.

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The International Legal Framework
What is International Labour Organization (ILO)?
 ILO is agency/ body of the United Nations. Purpose of ILO wellbeing of
global workers; Most countries which are members of UN are also
members of ILO. (Born in 1919- in 2019 ILO Completed 100 years)
 Sets international standards for H&S by publishing:
 Conventions. e.g. C-155 (1981)
 Recommendations/ Guidance. E.g. R164 (1981)
 Standards; e.g. ILO OSH 2001
 Books and Publication, Training Materials
 Encourage Governments to make H & S laws
 ILO ensure monitoring of H & S progress/ collects data and publish
 Impose sanctions on signing member for failure to implement; H &
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S requirement set by ILO convention.
The International Framework
ILO Conventions:
• Conventions are international legal framework; treaties; Agreements; Create
binding obligations or policies to implement their provisions.
• No legal authority, unless ratified by the member state into its own legal
structure. (Country H & S law is required for implementation of conventions
in any country)
• It Clearly defines Roles and Responsibilities for member countries;
responsible persons in the organisation.

ILO Recommendations
• Provide guidance on convention and legal framework; policy, legislation and
practice.
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Unit-3 Role of National Government
 Develop and Implement; Occupational Health And Safety Policy At The National Level

 Prepare and Pass Health And Safety Act through parliament

 Adopt ILO Conventions by signing the ILO conventions

 Develop other Health & Safety Legislation

 Develop Health & Safety Regulations

 Enforce Health & Safety Regulations

 Develop and implement approved Code of Practice

 Introduce New Initiatives for occupational safety and health


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Unit-3 Role of National Government

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Unit-3

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The Role of Enforcement Agencies
Regulations:

 Regulations are set of rules which are enforced to fulfill the requirements set by the act of
parliament.
 Breach of regulatory requirement is punishable offence.
e.g. Management of health and safety at work regulation 1992;
Road Safety regulations 2009 etc.

2009

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The Role of Enforcement Agencies
 Approved Code of Practice (ACOP): Standard operating procedure (SOP)
 ACOP is not law, it is set of standard operating procedure issued by competent agency for
safety of people and to ensure the legal compliance. Code of practice help to fulfill legal
requirement.
 (Pakistan building code 2016; national highway code 2022)

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Unit-3 Role of National Government

 Additional Steps How National Government Can Contribute Towards Good Standards Of
Health And Safety:

 The National government should establish independent authorities for managing Health and
safety.
 National Government should also develop enforcement agencies for the implementation of
laws.
 Those enforcement inspectors should make an Inspection Regime based on received
complaints and priority due to high risk, routine or random selection of places for inspection.
 The National advisory body should be established to provide guidance and approve the code
of practice to employers. A research center should be made to improve health and safety
standards.

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Unit-3 Role of National Government

 Complaint mechanisms should be devised for the employees, and SOPs should be made to
deal with the complaints.

 Similarly, specified events(like dangerous occurrences) should be listed or defined by the


National government, and an accident reporting mechanism should be developed.

 National Government should also establish a statistics department to analyze the data on
reported accidents, injuries or diseases. It helps in measuring the performance of the
government and related authorities.

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Unit-3 Role of National Government

 The National government should start social and print media advertising campaigns to bring
awareness regarding health and safety legislation, punishments, requirements, responsibilities
of employers and employees and plans and goals regarding health and safety.

 It also helps in decisions regarding the allocation of resources. National incidence rates should
be published annually.

 The National government should also provide insurance and social security schemes to cover
losses in accidents, injuries or diseases.

 The National government should clearly define the Roles and responsibilities of employees
and employers, the consequences of non-compliance with health and safety standards, and
the powers of health and safety inspectors for the smooth running of systems without
conflicts.
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Unit-3

Act of Parliament:

 It is primary law approved by the house of representatives and senate.

 It defines the legal requirements on any issue (e.g. Occupational safety and health Act-2018,
HASWA-1974).

 Roles and responsibilities of all concerned are defined by act of parliament.

 Act of parliament provides basis for further legislation.

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Regulations Adopted by the ILO

• ILO Occupational Safety and Health Convention (C155) 1981


‒ a goal-setting policy about management of health and safety for
companies and nations.
• ILO Occupational Safety and Health Recommendation 1981 (R164)
‒ supplements C155 and gives more guidance on how to comply with
policies and roles defined by ILO convention C-155.

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The Employer

The employer - a person or organisation that employ/ hire


people for job against salary.
The employer in this context is normally an organisation,
such as a company, and is sometimes referred to as the
‘corporate body’. They are a legal person.

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The Employer

The employer carries ultimate responsibility for


ensuring that the workplace is safe and free of
health and safety risks.

Ensures the safety of workers and ‘others’, e.g.


visitors, passer-by and contractors.

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The Employer
Responsibility for ensuring that the workplace is
safe and free of health risk rests with the employer.
As we noted earlier, this responsibility is made clear
in:
• ILO Convention C155.
• ILO Recommendation R164.

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Employers’ Responsibilities
Article 16 of C155 identifies obligations (duties) placed on employers to:

 Ensure reasonable care to protect his workers, contractor workers and member public
from risk of harm.
 Ensure that workplaces, entry and exit, machinery and equipment and work processes
are safe and without risks to health and safety.
 Ensure that chemical, physical and biological substances and agents are without risk to
health when protective measures have been taken.
 Provide adequate protective clothing and equipment (PPE) to prevent risks of accidents
or adverse health effects.

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Employers’ Responsibilities
Everybody is responsible for health and safety - but most of the
responsibility lies with the employer to provide:
• Safe place of work. Safe Access and Egress
• Safe plant and equipment. Risk Assessment;
• Safe systems of work; Implementation of SSOW; Monitoring; reporting and
investigation of incidents and accidents.
• Communication and consultation with workers; Information, Training, supervision and
competency of staff;
• First aid and Emergency Arrangement
• Provision of PPE; Provision of Welfare

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Employers’ Responsibilities
Article 10 of R164:
 Provide and maintain workplaces, machinery and equipment and use working methods that are safe.
 Give necessary instruction, training and supervision in application and use of health and safety
measures.
 Introduce organisational arrangements relevant to activities and size of undertaking.
 Provide PPE and clothing without charge to workers.
 Ensure that work organisation, particularly working hours and rest breaks, does not adversely affect
occupational safety and health.
 Take reasonably practical measures with a view to eliminating excessive physical and mental fatigue.
 Keep up-to-date with scientific and technical knowledge to comply with the above.

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Employers’ Responsibilities

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The Employer

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3: Roles and Responsibilities

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Chain of Command

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3.3: Who Does What in Organisations

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Chain of Command

What is Chain of Command?

 A chain of command is the distinct and clear line of authority among the job
positions in the organization. It clarifies who holds what position i.e. authority
and who should report to whom.

 Chain of command creates the hierarchy of reporting relationships, at the top


including top executives, e.g. Managing Director, CEO, etc., Senior levels
managers, middle management and workers. The top executives have the right
to command and instruct the subordinates while middle managers and others
should respond to them and work under them.

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Chain of Command

The main objectives of the chain of command are mentioned below:

 To create an effective hierarchal structure.

 To clarify job positions and authority one holds in the organization.

 Create an easy and effective reporting system, who should report to whom, and
who should instruct whom.

 Create accountability among team members.

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Chain of Command
Benefits of chain of Command:

 The practice of the chain of command is seen in almost all organizations. Knowingly and
unknowingly its practice has prevailed in organizational settings.

 Clear Duties and Authority; Employees become clear on their duties and who their superiors
are.

 Effective Communication; Every company member is known about the communication path
which ensures appropriateness in the flow of information between managers, employees,
departments, and in the overall organization.

 Efficiency and Effectiveness; This clarity is effective for a productive workplace where
employees can fulfill their responsibilities without worrying about going too far or acting
inappropriately.
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Chain of Command

Benefits of chain of Command:

 Employee and Management Relationship; Regular communication between them may


increase their working relationships in the workplace.

 Creates Accountability; In the chain of command, every employee and manager is clear about
their duties, who they are responsible for, and to whom they need to report. This clarity in
their duties encourages them to be responsible and accountable for their performance.

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The Hierarchy or Chain of Command
 Managing and running an organisation is a challenging job.

 It requires a team of people to create discipline in an organisation and to get desired work done from
them. Systematic running of organisation.

 Every organisation follows a proper hierarchy or chain of command in which people are controlled,
and reporting is done.

 This organizational hierarchy is formally known as the chain of command.

 The chain of command in an organisation is referred to the different levels of management in the
organisation as per their roles and responsibility.

 The top position in the chain of command is held by the CEO or owner of a business, and the front-line
manager make the lowest level of the chain of command of the organisation.

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The Hierarchy of Command
 The chain of command in an organisation clarifies the sequence of order and reporting in the
organisation.

 Every employee working in an organisation has knowledge of his authority and the responsibility of
reporting.

 With the help of the chain of command, discipline is created in the organisation.

 Employees are placed at different levels of the organisation. The chain of command tightly controls
the flow of information and decision-making in an organisation.

 There are generally three levels of the chain of command in an organisation, such as Top-level
managers, senior-level managers, and front-line managers.

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Workers’ Responsibilities and Rights
Article 19 of C155 also places obligations on workers, expanded in Article 16 of
R164 as follows:
• Take reasonable care of their own safety, safety of fellow workers and that of other people.
• Comply with given safety instructions and procedures.
• Use all safety equipment and maintain properly .
• Report any unsafe situation that they believe could be a hazard and which they cannot
themselves correct.
• Report any work-related incident/ accident/ill health.
• Cooperate with employer in consultation, investigation
• If you don’t know; ask the supervisor or employer
• Wear and maintain personal protective equipment (PPE)
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Workers’ Rights Under ILO Convention C-155
 Article 19 of C155 states that every worker must be:
 Given adequate information on actions the employer has taken to ensure safety and
health.
 Given the right to the necessary training in safety and health.
 Consulted by the employer on all matters of safety and health relating to their work.
 Given the right to leave a workplace that he has reason to think presents an imminent
and serious danger to his life or health, and not be compelled to return until it is safe.
 Right to get personal protective equipment
 Right to have welfare facilities.
 Right to have rest and recovery.
 Right to get reasonable care Employer’s duties are
workers rights
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Directors and Senior Managers
Directors and senior managers can have enormous influence over
their organisation and its priorities.

The way they are perceived by those lower in the management


hierarchy is very important; they must demonstrate clear
commitment and leadership with regard to health and safety.

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Discuss the effectiveness of role & responsibilities of
Directors and Senior Managers?

 Give an organisation its direction./ Must be practicing safety as Role Model


 Set its priorities about Health & Safety. (Between H & S and Production or marketing)
 Allocate resources and appoint competent persons.
 Allocate responsibilities of people under their control.
 Are responsible for ensuring that all of the legal requirements are met.
 Establish channel of communication, Implementation of H & S policy of organisation
 Establish Consultation between workers and employer; reviewing H & S Performance of organisation

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Middle Managers and Supervisors

 Middle managers and supervisors are involved in the day-to-day operational


running of the organisation;
 They are responsible for the health and safety standards within the operations
under their control.
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Middle Managers and Supervisors
The following health and safety roles apply to management:

 Assess and identify potential hazards by carrying out risk assessments on a regular basis. These hazards may
exist while particular work is being carried out, when products are being produced, stored or transported, and
also when any equipment or machinery is operated.

 Establish precautionary measures to protect workers against these hazards


 Provide information on risks identified to all employees

 Clearly state how employees are protected and the procedures that need to be followed.
 Provide full training to all employees around health and safety

 Middle manager must consult with employees and the health and safety representatives about health and
safety issues related to task and materials, facilities
 Protective clothing and equipment (PPE) must be provided to all workers

 Supervision must be allocated to a trained employee in all work areas. All work done and equipment used must
be supervised by someone who understands the hazards involved.
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Take steps to ensure that all staff members are (fulfilling the law) in compliant with requirements of the H & S
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Discuss the effectiveness of Shared Responsibilities of Joint
Occupiers of Premises?
• ILO Convention C155 – Article 17
• ILO Recommendation R164 – Article 11
• Employers in shared facilities should communicate to develop
appropriate health and safety standards and appropriate policies
and procedures.

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The Shared Responsibilities of Joint Occupiers of Premises

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The Shared Responsibilities of Joint Occupiers of Premises
The main aspects that need to be considered — particularly for a contractor that only has a few
employees on a client’s site — will include:
•access, including the use of vehicles on site
•security, particularly if the contractors are the security for the site
•fire and emergency procedures
•first aid, reporting of incidents, welfare facilities, including toilets, washing facilities, eating and
rest facilities
•provision of adequate information about hazards on site
•provision of information about site rules (if any) necessary to ensure the safety of the employees
of all organisations with employees on site.

Where two or more employers share a workplace (whether on a temporary or a permanent basis),
each employer must:
•co-operate with the other employers concerned so far as is necessary to enable them to comply
with the requirements and prohibitions imposed on them by, or under, the relevant statutory
provisions
•take all reasonable steps (while taking into account the nature of their activities) to co-ordinate the
measures they take to comply with the requirements and prohibitions imposed on them
•take all reasonable steps to inform the other employers concerned of the risks to their employees’
health and safety arising out of, or in connection with, the conduct by them of their undertaking.
These duties also apply to employers sharing a workplace with self-employed persons and to self-
employed persons sharing a workplace with other self-employed persons.
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Discuss the effectiveness of Role of Health &
Safety Advisor?

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End of Module 3.0 Exercise
1. What are the two main standards that the ILO has
produced for health and safety? What do countries do
with these standards?
2. What are employers’ responsibilities under R164?
3. What are employees’ responsibilities under R164?
4. What action could be taken against organisations
breaking health and safety law?

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Role of Enforcement Agencies
• Law is legal framework; Implementation of law is enforcement of law.
• The agency responsible to enforce the law is enforcement agency.
• There are no harmonised ( specific) global standard about enforcement of law.
• Country-specific agencies may include:
‒ H&S Enforcement Agency. (HSE- UK; OSHA-USA)
‒ Fire authority.
‒ Mandatory Insurance Inspectors.
‒ Food Inspectors; Mines safety Inspector, Health Inspectors

‒ Labour Inspectors / Traffic Wardens/ Safety Inspector


• Police may be involved in enforcing H&S law in some countries.

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Enforcement Agencies
Article 9 of ILO Convention C81 1947

Labour Inspector:

 The enforcement of laws and regulations concerning occupational safety and health and the working
environment shall be secured by an adequate and appropriate system of inspection.

 The enforcement system shall provide for adequate penalties for violations of the laws and regulations.

Labour inspectors are public servants responsible to enforce law and ensure legal compliance at workplace.
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Labour/ Enforcement Inspector

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Enforcement Inspector
Health and safety / Labour inspectors monitor work sites to check that they're safe for people to work at.
A large amount of their time is spent visiting properties such as factories, farms, offices, schools,
construction sites, quarries and shops, where premises, activities, people, equipment and procedures
need to be checked for compliance with health and safety legislation.

Other responsibilities of the job include:

 Investigating accidents and complaints

 Closely examining equipment and machinery to ensure compliance with health and safety regulations,
taking photographs where required

 Considering the appropriateness of protective equipment and ensuring employees have everything
they need to work safely

 writing reports, * Serving legal notices


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Role of Other International Bodies
International Organisation for Standardisation (ISO): ISO is Non Governmental Organisation; it is
Body of Experts; Function to develop internationally recognised standards. (Management
Framework)

 ISO standards are not law; but best management framework; help organisations in legal
compliance and management. ISO has developed more that 2000 standard.

 ISO standards are internationally-recognised framework; Standards on all important issue of


international interest are developed and published for implementation; e.g. HSMS ISO 45001:
2018
 ISO 45001:2018 is compatible with other standards ISO: 9001:2015 Quality management
system & ISO: 14001 is environment management system

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Other International Standards and Bodies
International Organization for Standardization (ISO)
World’s largest developer of management standards, e.g.:
– ISO 9001 - Quality Management
– ISO 14001 - Environmental Management
– ISO 12100 - Safety of Machinery
– ISO 45001- Health and Safety

These standards are not ‘law’, but non legal framework; they’re good management
practice.
Leading to a worldwide common approach to good management.

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Other International Bodies

World Health Organization (WHO):


 It is body of UN; Responsible to promote public health and wellness;
 Carry out survey; studies and research work on public health issues,
 provide information, awareness and warning about pandemics, run support programs during
natural calamities;
 provide medical support for occupational and other communicable diseases.
 Also provide trainings on various infectious diseases and preventives measures,
 Monitor public health and well being through out the world; publish reports on diseases and
global public health status;

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