Describe the features of modern OHS laws and explain how each has been aimed at rectifying a specific fault in the “old style” law. In your view has it been successful or could more be done.

Describe the features of modern OHS laws and explain how each has been aimed at rectifying a specific fault in the “old style” law. In your view has it been successful or could more be done.

 

Occupational and Health Safety laws aims to secure and ensure that the worker’s

health is not at risk.  This law states that it is an employer’s responsibility to secure the

health, safety and welfare of persons in the workplace.  In the middle of the twentieth

century, there was no all-encompassing provisions made for the safety of the workers,

and emerging hazards remained unregulated until such time as they were recognized

and a new Act or set of regulations targeting the hazard was passed.  Certain groups of

workers or hazardous processes were not covered by the OHS legislation that time. 

Enforcement of the early OHS legislation was also inadequate.  It is in 1970 that the

British government set up a committee, headed by Lord Robens to study the situation.    

Report from Robens was published in June 1972.  His findings was “There are severe

practical limits on the extent to which progressively better standards of safety and health

at work can be brought about through negative regulation by external agencies.  We

need a more effectively self-regulating system.  It calls for better systems of safety

organization, for more management initiative and for more involvement of work people

themselves”.  The Robens report identified apathy on the part of industry as being the

cause of poor OHS performance, claiming that industry had come to regard OHS as

something to be regulated by external agencies rather than something that should be

proactively managed alongside other business objectives.  Early OHS law was not

subject to systematic review and was updated infrequently.  Thus the highly specific and

detailed content of the legislation failed to keep pace with rapid technological change

occurring in the workplace.  It is in 1974 that  the Health & Safety at work etc were then

formed.  OHS laws in every organizations in different parts of the world has been

established and revised:

 

OHS Management System:  A National Priority

An ideal OHS management system should provide a structured process to minimize

potentials of work-related injuries and illnesses, increase productivity by reducing  the

direct and indirect costs associated with accidents, and increase the quality of

manufactured products or rendered services.  The industrial managements have been

advised to implement OHSMS for the systematic identification, evaluation, and

prevention or control of general workplace hazards, specific job hazards, and potential

hazards.  As the size of a worksite or the complexity of a hazardous operation

increases, the need for written guidance increases to ensure clear communication of

policies and priorities as well as a consistent and fair application of guidelines and

instructions.  This requires every management system the need to have a documented

policy statement that gives an overall sense of direction and sets the principles of action

for an organization.    

National Implementing Legislation

Different states take different approaches to legislation, regulation and enforcement.

In many EU countries, there is strong cooperation between employer and worker

organizations (e.g. Unions) to ensure good OSH performance as it is recognized that

this has benefits for both the worker (through maintenance of health) and the enterprise

(through improved productivity and quality). It is then that the European Agency for

Safety and Health at Work was founded in 1996.

 

In Canada, workers are covered by provincial or federal labour codes depending on the

sector  in which they work.  The Canadian Centre for Occupational Health and Safety

which was created in 1978 by an Act of Parliament believes that all Canadians had “…a

fundamental right to a healthy and safe working environment”.

 

The Department of Occupational Safety and Health (DOSH) in Malaysia is responsible

to ensure that the safety, health and welfare of workers in both the public and private

sector is upheld.

 

 In the People’s Republic of China, the Ministry of Health is responsible for occupational

disease prevention and the State Administration of Work Safety for safety issues at

work.

 

South Australian workers are protected by the Occupational Health, Safety and Welfare

legislation where main sections are:

·         Protect the health, safety and welfare of people at work.

·         Eliminate risks to health and safety at their source.

·         Protect the public against risks to health and safety caused by people at work.

The 2010 Occupational Health, Safety and Welfare Regulations focus on identifying

hazards at work, assessing the risk of injury and implementing controls to prevent

people being injured.  These apply to all workplaces in South Australia. 

 

Increased awareness on workplace safety is the result of modifying the occupational,

health and safety law.  Employers are more challenged to promote protection of their

workers in the work sites.  A more detailed program was established and implemented

such as the case of a scrap metal recycling company.  Simple OHS solutions

conducted a site hazard inspection, developed a tailored site inspection program, safe

operating procedures for plant and reviewed the proposed traffic management system. 

In addition, policies and procedures were developed and rolled out through an

interactive training session with all staff.  Attention to safety and employee welfare

issues can yield valuable returns in improving employee morale, reducing absenteeism

and maintaining productivity, while cutting costs arising from accidents and

compensations thereof.  Accidents happen because they have not been prevented. 

Strict compliance to the OHS program will guarantee safety in every workplace.

 

Reference List:

1.    Anon., Textile Clothing & Footwear of Australia (Online) Available at http://tcfua.org.au/health-and-safety/ohs (Accessed 23 April 2011)

2.    Anon., Safework SA (Online) Available at http://www.safeworksa.gov.au (Accessed 24 April 2011)

3.    Anon., Basingtoke and Deane (Online) Available at http://www.basingtoke.gov.uk/browse/business/health-and-safety/hsinfo/Health+and+safety+at+Work+act.htm (Accessed 24 April 2011)

4.    Helen Lingard, Stephen M. Rowlinson, Occupational health and safety in construction project management (Online) Available at http://www.books.google.com (Accessed 24 April 2011)

5.    Anon., A National Priority on Occupational Health and Safety Management System (Online) Available at http://icmr.nic.in/ BUNOV_DEC03_pdf (Accessed 24 April 2011)

6.    Wikipedia, Occupational safety and health (Online) Available at http://en.wikipedia.org/wiki/Occupational_safety_and-health

7.    Anon., Simple OHS Solutions (Online) Available at http://www.simple ohs solutions.com.au

 

 

 

 

 

 

 

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