1

Health Safety & Welfare – QS & BE

Health Safety & Welfare

BY T. M .RAMZAN RAFEEK

2

Health, Safety & Welfare Legislation in Sri Lanka

History

First piece of legislation on health, safety and welfare at work, the Ordinance of Safety & Health No.11 of 1865, enacted in order to improve workers health who engaged in plantation industry under the British rule. Malaria, Chloria and other epidemic diseases were quite abounded in the hill country, where the plantations were thriving at that time. The Medical Wants Ordinance in 1872 specified the provisions which had to be made by employers of the estate labour, to implement the Ordinance of 1865. At the same time mining industry was also flourishing in the country notably the graphite mines. In order to provide necessary provisions to protect the Royal properties in factories and mines the Mines & Machinery Protection Ordinance of 1896- Factories No: 2 of 1896 was ruled out by the Britishers. Then Workmen's Compensation Ordinance No.19 of 1934 was enforced to provide for the payment of compensation to people who are injured in the course of their employment. After the Mines &Machinery Protection Ordinance, it was observed that this legislation was inadequate. Therefore a committee was appointed to revise OHS legislation in 1934. The Committee recommended to repeal the existing Ordinance and proposed a more comprehensive law. As a result Factories Ordinance No. 45 of 1942 was passed. In 1950 Factories Division was set up under the Department of Labour. Now the Industrial Safety Division is functioning under Commissioner of Industrial Safety. Factories Ordinance No.45 of 1942 and subsequent amendments are the main health, safety and welfare legislation effective in the country. A large number of engineers from Government and private sector were appointed for inspection of OHS in factories as well as in construction sites. It was discussed that the available legislation cover only 30% of workforce. As a result the Ministry of Labour Relations and Man Power has initiated and decided to upgrade OHS laws to cover all workplaces and all workers. A frame work for a new legislature, Safety, Health & Welfare at Work was drafted by 1994 and the draft was under discussion for couple of years. In 1999, Interim report and draft legislation on Occupational health, safety and welfare was prepared with the consultation of International Labour Organization (ILO). In 2005, new legislation was drafted and forwarded to tripartite committee. It was finalized and sent to Attorney Generals Department and expected to pass the Safety, Health & Welfare at Work Act from Parliament of Sri Lanka in future.

The following main amendments were done to the Factories Ordinance No.45 of 1942 up to date

Factories (Amendment) Act No. 54 of 1961

Factories (Amendment) Act No. 17 of 1965

Factories (Amendment) Act No. 29 of 1971

Factories (Amendment) Law No 12 of 1976

Factories (Amendment) Act No. 18 of 1998

Factories (Amendment) Act No. 33 of 2000

Factories (Amendment) Act No. 19 of 2002

National Institute of Occupational Safety & Health (NIOSB) is the key institution that enroll the Policy initiations, training & education, and R&D on the Occupational Health & Safety for both public and private institutions and industries.

3

Factories Ordinance No.45 of 1942

Overview This ordinance has clearly defined the terms Factory and Building and other construction work, in order to apply and enforce the legal provisions made for maintain and enhance the Health and Safety applications.

Definition of Building and Other Construction Work – Section 84 “Building and other construction work” means the construction, erection, structural alter-nation, repair or maintenance (including excavation, painting, decorating, glazing, pointing and external cleaning of the structure), the demolition or dismantling of a building or other structure, the preparation for, and laying the foundation of, an intended building or other structure and all operations in connection therewith; the construction of any railway line or siding and the construction, structural alteration or repair (including excavation, pointing and painting) or the demolition of any subway, tunnel, trench, caisson, conduit, pipe line, road, wharf, dock, harbour, inland navigation, bridge, culvert, viaduct, water-works, reservoir, aqueduct, sewer, sewage work, gas holder, trestle, pier, abutment, and all operations pertaining thereto, or any other construction, alteration, repair or removal work carried on in, about or over water and shall include such other works as may be specified by regulations made by the Minister.

1. Subject to the following provisions of this section, the provision of this Ordinance specified in subsection (2) of this section shall apply to building and other construction works undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking, and to any line or siding which is used in connection therewith and for the purposes thereof and is not part of a railway or tramway.

2. The said provisions are:-

Part I - the provisions relating to registration;

Part II - the provisions for sanitary conveniences;

Part III - the provisions relating to safety;

Part IV - the provisions of welfare regulations;

Part V - the provisions for special regulations for safety and health;

3. No order made under the provisions of this Ordinance with respect to the power of a Magistrate’s Court to make orders as to dangerous conditions and practices and no special regulations made under Part V of this Ordinance shall operate so as to interfere with the design of any works of engineering construction or with the adoption in the execution of these works of any method not inconsistent with the safety of the works or of the person employed which is prescribed in the specification or in any signed plans issued, or written directions given, by the consulting engineer or the engineer in charge.

4. The provisions of this Ordinance in their application to building operations or to engineering

construction shall have effect as if any place where such operations or works are carried on were a factory and any person undertaking any such operations or works to which this Ordinance applies were the occupier of a factory, and with such other adaptations and modifications as may be made by regulations made by the Minister.

5. The provisions of this Ordinance requiring general registers to be kept and copies of the

4

prescribed abstract of this Ordinance and of special regulations or the prescribed abstract of such regulations to be kept posted up on the premises shall be deemed to be complied with as respects building operations or works of engineering construction if the register is kept at an office of the person undertaking the operations or works and copies of the abstract of this Ordinance and of the regulations or abstract thereof are kept posted up at each office, yard or shop of the person undertaking the operations or works at which persons employed by him on the operations or works attend, and in a position where they can easily be read by those persons.

6. Subject to subsection (7) of this section, any person undertaking any building operations or works of engineering construction to which this Ordinance applies shall, not later than seven days after the beginning thereof, serve on the District Factory Inspecting Engineer a written notice stating the name and postal address of that person, the place and nature of the operations or works, whether any mechanical power is used and, if so, its nature, the name of the local authority within whose administrative limits the operations or works are situated and such other particulars as may be prescribed.

7. Subsection (6) of this section shall not apply to any operations or works which the person undertaking them has reasonable grounds for believing will be completed in a period of less than six weeks, except in such cases as the Chief Factory Inspecting Engineer may direct; and where a person undertakes any building operations or works of engineering construction in a place where such operations or works, as the case may be, are in progress, he shall not be required to give notice under that subsection if such a notice was given in respect of the operation or works in progress

8. The application of this Ordinance to any building operations or works of engineering constructions by virtue of the foregoing provisions of this section shall not be excludedby reason of the fact that they are undertaken on premises to which this Ordinance applies apart from those provisions; and nothing in this section shall be taken as prejudicing the application of this Ordinance to those premises apart from this section.

Procedures

Accident Notifications - Section 61

Where any accident occurs in a factory which- 1. causes losses of life of a person employed in that factory: or 2. disables any such person for more than three days from earning full wages at

the work at which he was employed; or 3. makes any such person unconscious as a result of heat, exhaustion, electric

shock or inhalation of irrespirable or poisonous fumes or gases, 4. written notice of the accident shall forthwith be sent to the District factory

inspecting engineer (DFIE) by occupier or manager or superintendent in form 10 and followed by form CFIE1.

Where any accident causing disablement is notified under this section and after notification thereof results in the death of the person disabled, notice in writing of the death shall be send to the District Factory Inspecting Engineer by the occupier or manager or superintendent as soon as the death comes to his knowledge.

5

Where any accident to which this section applies occurs to a person employed and the occupier of the factory is not the actual employer of the person killed or injured, the occupier or manager, or the superintendent (in case of estate factory), shall obtain from the actual employer of the person killed or injured, written notice of accident, in such form and accompanied by such particulars as may be prescribed and shall forthwith cause such notice of accident to be send to the District Factory Inspecting engineer.

Where an accident occurs in the factory causing death of any person employed therein, no person shall touch or disturb or cause any other person to touch or disturb, without the permission of a Factory Inspecting Engineer, any machinery or any article which was involved in such accident, other than for the purpose of extricating or attending on any person concerned in such accident.

Note: In case of accidents all records must be entered in general register and it must be available in the factory for inspection. Once in six months copies of the accident records entered in general register must be sent to the district Factory Inspecting Engineer.

Dangerous Occurrences- Section 62 Dangerous occurrences notification regulations-1965 Dangerous occurrences such as explosion, fire, collapse of buildings, accident to plant and machinery, etc., shall forthwith be notified to the DFIE.

Investigation into case of death by accident or Industrial diseases - Section 64 Where it appears to an inquirer holding an investigation under the Criminal Procedure Code into the cause of the death of any person that the death of that person may have been caused by any accident or disease of which notice is required by this Ordinance to be given, the inquirer shall adjourn the investigation unless a Factory Inspecting Engineer or some person on behalf of the Commissioner is present to watch the proceedings, and shall, at least four days before holding the adjourned investigation, send to the District Factory Inspecting Engineer for the district notice in writing of the time and place of holding the adjourned investigation: Provided that - (a) the inquirer, before the adjournment, may take evidence to identify the body, and may order the interment thereof; and (b) if the investigation relates to the death of not more than one person, and the inquirer has sent to the Factory Inspecting Engineer notice of the time and place of holding the investigation at such time as to reach the Factory Inspecting Engineer not less than twenty-four hours before the time of holding the investigation, it shall not be imperative on him to adjourn the investigation in pursuance of this section if he thinks it unnecessary so to adjourn.

Insurer to furnish information to the Chief Factory Inspecting Engineer- Section 66A

Where any claim for insurance compensation in respect of an accident, dangerous occurrence or an industrial disease referred to in sections 61, 62 and 63 of this Ordinance is made to an insurer

6

authorized by or under any law to carry on insurance business in Sri Lanka, such insurer shall furnish to the Chief Factory Inspecting Engineer, such particulars relating to such accident, dangerous occurrence or industrial disease as may be required of him by the Chief Factory Inspecting Engineer.

Enforcement

Appointment of Inspectors- section 100 There may be appointed for the purposes of this Ordinance :-

A person by name or by office to be or to act as Chief Factory Inspecting Engineer;

A person by name or by office to be or to act as Deputy Chief Factory Inspecting Engineer;

Such number of persons, by name or by office, to be or to act as Specialist Factory Inspecting Engineers as may be deemed necessary;

Such number of persons, by name or by office, to be or to act as Specialist Inspecting Medical Officers as may be deemed necessary;

Such number of persons, by name or by office, to be or to act as District Factory Inspecting Engineers as may be deemed necessary;

Such number of persons, by name or by office, to be or to act as Factory Inspecting Engineers as may be deemed necessary; and

Such number of persons, by name or by office, to be or to act as Inspecting

Medical Officers as may be deemed necessary.

Powers of Inspectors- Section 101 The Commissioner, the Chief Factory Inspecting Engineer, the Deputy Chief Factory Inspecting Engineer, a Specialist Factory Inspecting Engineer, a Specialist Inspecting Medical Officer, a District Factory Inspecting Engineer, a Factory Inspecting Engineer, an Inspecting Medical Officer, and any qualified engineer or medical practitioner who is in the service of the Government and is authorized in this behalf by the Commissioner shall, for the purpose of the execution of this Ordinance, have power to do all or any of the following things, that is to say:- (a) to enter, inspect and examine by day or night any premises.

Appointment and duties of authorized Doctor- Section 104 Subject to any general directions of the Commissioner, the Chief Factory Inspecting Engineer may appoint a sufficient number of registered medical practitioners to be authorized factory doctors for any of the purposes of this Ordinance, and may revoke any such appointment. If and so long as there is no authorized factory doctor for any factory, the District Medical Officer appointed for the district in which the factory is situated shall act as the authorized factory doctor for that factory.

7

Provisions provided for Health & Safety by Factories Ordinance

Provisions for Sanitary Conveniences at Building & Other

Construction Works

Sanitary Conveniences -Section 15 Sufficient and suitable sanitary conveniences for the persons employed in the factory shall be provided, maintained and kept clean, and effective provision shall be made for lighting the conveniences and, where persons of both sexes are or are intended to be employed

The Factories (Sanitary Conveniences) Regulations, 1965.

Where females are employed in any premises to which these regulations apply, there shall be at least one suitable sanitary convenience for every 25 females, and where males are employed, there shall be at least one suitable sanitary convenience (not being a convenience suitable merely as a urinal) for every 25 males:

Provided that in the case of any premises where the number of males employed execs 100 and sufficient urinal accommodation is also provided, it shall be sufficient if there is one such convenience for every 40 males in excess of 100 males:

Provided further that m the case of any premises where the number of males employed exceeds 500 it shall be sufficient to provide one such convenience for every 60 males, if sufficient urinal accommodation is also provided.

The sanitary conveniences shall be so arranged as to be conveniently accessible to the persons employed at the factory.

Urinal accommodation shall be provided for the use of male workers and shall not be less than two feet in height for every 50 males:

Provided that where the number of males employed exceeds 50, it shall be sufficient if there is one urinal for every 50 males up the first 500 employed, and one urinal for every hundred males in excess of 500 males.

The walls, ceilings and partitions of every convenience and urinal shall be white-washed or colour-washed and the white-washing or color-washing shall be repeated at least once in every period of six months.

8

Provisions to prevent Accidents from Machinery

Prime movers- Section 17 Every part of prime movers shall be securely fenced. Prime mover means which provides mechanical energy such as motor, engine or other appliance.

Transmission machinery- Section 18 Every part of transmission machinery shall be securely fenced. Transmission machinery means belt and pulley drives, gear drives, chain drives, coupling, clutches, shafts and keys etc.,

Other machinery- Section 19 Every dangerous part any machinery other than prime movers and transmission machinery shall be securely fenced. Eg. Dangerous parts in dust fan

Construction and maintenance of fencing- Section 21 All fencing shall be in substantial construction, and constantly maintained and kept in position while the parts required to be fenced are in motion or in use. (Cleaning and lubrication)

Construction and sale of new machinery- Section 22 Every machinery must be made to comply with Factories Ordinance. Any person who imports, sells or lets on hire, or as agent of the importer, seller or hirer causes or procures to be imported, sold or let on hire, for use in a factory in Sri Lanka any machine intended to be driven by mechanical or electrical power which does not comply with the requirements of this section, shall be guilty of an offense and liable to a fine not exceeding fifty thousand rupees.

Periodically Testing Requirements for all High-Risk Machinery

Hoist and Lifts- Section 27 Every hoist or lift shall be thoroughly examined by a competent person at least once in every period of twelve months. Every hoist or lift shall be thoroughly examined by a competent person at least once in every period of twelve months, and a report of the result of every such examination in such form and containing such particulars as may be prescribed shall be signed by the person making the examination and shall within fourteen days be entered in or attached to the general register.

Chain ropes and lifting tackles- Section 28 All chains, ropes or lifting tackle shall be thoroughly examined by a competent person at least once in every period of six months. The expression “lifting tackle” means chain slings, rope slings, rings, hooks, shackles and swivels.

Cranes and other lifting machines-Section 29 Cranes and other lifting machines shall be thoroughly examined by a competent person at least once in every period of fourteen months. The expression-lifting machine” means a crane, crab, winch, pulley block, gin wheel, transporter or runway.

9

Provisions for Safety of Work Floor

Construction of floors, passages and stairs- Section 30

All floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained.

For every staircase in a building or affording a means of exit from a building, a substantial hand-rail shall be provided and maintained, which, if the staircase has an open, side shall be on that side, and, in the case of a staircase having two open sides, or in the case of a staircase which, owing to the nature of the construction thereof or the condition of the surface of the steps or other special circumstances, is specially liable to cause accidents, such a hand-rail shall be provided and maintained on both sides. Any open side of a staircase shall also be guarded by the provision and maintenance of a lower rail or other effective means.

All openings in floors shall be securely fenced, except in so far as the nature of the work renders such fencing impracticable.

All ladders shall be soundly constructed and properly maintained.

Safe Means of Access and Safe Place of Work - Section 31

There shall, so far as is reasonably practicable, be provided and maintained safe means of access to every place at which any person has at any time to work.

Where any person is to work at a place from which he is liable to fall a distance of more than six feet then, unless the place is one which affords secure foothold and, where necessary, secure handhold, means shall be provided, so far as is reasonably practicable, by fencing or other-wise for ensuring his safety.

If a worker has to work in a place where he is liability to fall more than 6ft, secure foot hold and hand hold should be provided.

Work in Confined Space- Section 32 Special precautions are laid down for work in confined spaces where workers are liable to be overcome by fumes and harmful liquids. Where work has to be done inside any chamber, tank, vat, pit, pipe, flue or similar confined space, in which dangerous fumes, toxic substances or harmful liquids are liable to be present or a deficiency of oxygen is liable to occur, to such an extent as to involve risk of person being overcome thereby -

The confined space shall, unless there is other adequate means of egress, be provided with a manhole, which may be rectangular, oval, or circular in shape, and shall be not less than eighteen inches long and sixteen inches wide or (if circular) not less than eighteen inches in diameter, or in the case of tank wagon and other mobile plant not less than sixteen inches long and fourteen inches wide or (if circular) not less than sixteen inches in diameter; and

No person shall enter the confined space for any purpose unless the following requirements are complied with:-

10

All practicable steps shall be taken to remove any fumes, toxic sub-stances or harmful liquids which may be present and to prevent any ingress of fumes and, unless it has been ascertained by a suitable test that the space is free from dangerous fumes, toxic substances or harmful liquids, the person entering shall wear a belt to which there is securely attached a rope of which the free end is held by a person outside; or

The person entering shall wear a suitable breathing apparatus;

Suitable breathing apparatus and a suitable reviving apparatus and suitable belts and ropes shall be provided and maintained so as to be readily accessible and shall be periodically inspected in such manner as may be prescribed; and

A sufficient number of the persons employed shall be trained and practiced in the use of such apparatus and in the method of restoring respiration:

Provisions for Safety of Boilers and Air Receivers Steam boilers- Section 34 Every steam boiler and its fittings and attachments shall be thoroughly examined by an authorized officer at least once in every period of twelve months.

Steam receivers- Section 35 Every steam receiver and its fittings and attachments shall be thoroughly examined by an authorized officer at least once in every period of twenty four months.

Air receivers- Section 36

Every air receiver and its fittings and attachments shall be thoroughly examined by an authorized officer at least once in every period of twenty four months.

This section the expression “air receiver” means -

Any vessel (other than a pipe or coil, or an accessory, fitting or part of a compressor) for containing compressed air and connected with an air compressing plant;

Any fixed vessel for containing compressed air or compressed exhaust gases and used for the purpose of starting an internal combustion engine; or

Any fixed or portable vessel (not being part of a spraying pistol) used for the purpose of spraying by means of compressed air any paint, varnish, lacquer or similar material; or

Any vessel in which oil liquid or similar substance is stored and from which it is forced by compressed air or by any gas:

Gas receivers- Section 36 Every gas receiver and its fittings and attachments shall be thoroughly examined by an authorized officer at least once in every period of twelve months.

11

Provisions for Fire Safety

Fire safety - Section 39, 40, 41, 42 and 42A Sufficient and adequate number of firefighting equipment should be provided, located in

prominent places of the factory and maintained. Adequate training should be given to workers on use firefighting equipment.

At least two doors should be provided to workplaces and also these doors must be open outwards or sides(sliding doors).

Effective provision shall be made for giving warning in case of fire, which shall be clearly audible throughout the building

Workers shall be familiar with evacuation routes.

The provisions of Welfare Regulations

Drinking water- Section 46 There shall be provided and maintained at suitable points conveniently accessible to all persons employed an adequate supply of wholesome drinking water from a public main or from some other source approved in writing by the District Factory Inspecting Engineer for the district, such approval not to be withheld except on the ground of the unwholesomeness of the water.

The Factories (Washing facilities General) Regulations under section 47

There shall be provided and maintained in every factory for the use of employees adequate and suitable facilities for washing. Such facilities shall include soap, nail brushes or other suitable means of cleaning facilities for drying; such facilities shall be conveniently accessible and shall be kept in a dean condition. Where washbasins are provided every basin having a separate tap shall be not less than 20 inches in length. Such a basin shall be provided for every 20 persons employed at any one time.

Accommodation for clothing -Section 48 There shall be provided and maintained for the use of employed persons adequate and suitable accommodation for clothing not worn during working hours; and such arrangements as are reasonably practicable or, when a standard is prescribed, such arrangements as are laid down thereby shall be made for drying such clothing.

Facilities for resting for female workers- Section 49 There shall be provided and maintained; for the use of all female workers whose work is done standing, suitable facilities for resting sufficient to enable them to take advantage of any opportunities for resting which may occur in the course of their employment.

12

Provisions for First Aid

First aid – Section 50

There shall be provided and maintained so as to be readily accessible a first-aid box or cupboard of such standard as may be prescribed, and where more than one hundred and fifty persons are employed an additional box or cupboard for every additional one hundred and fifty persons.

For the purposes of this provision the number of persons employed in a factory shall be taken to be the largest number of persons employed therein at any one time, and any fraction of one hundred and fifty shall be reckoned as one hundred and fifty. Where the persons employed are employed in shifts the calculation of the number employed shall be according to the largest number at work at any one time.

Nothing except appliances or requisites for first-aid shall be kept in a first-aid box or cupboard.

Each first-aid box or cupboard shall be placed under the charge of a responsible person who shall, in the case of a factory where more than fifty persons are employed, be trained infirst-aid treatment, and the person in charge shall always be readily available during working hours.

A notice shall be affixed in every workroom stating the name of the person in charge of the first-aid box or cupboard provided in respect of that room.

13

Special Regulations of Health & Safety

by Factories Ordinance

Special Regulations for Health & Safety

Protection of Respiratory Organs & Prevention of Asphyxiation

Removal of dust or fumes- Section 51 In every factory in which, in connection with any process carried on, there is given off any dust or fume or other impurity of such a character and to such extent as to be likely to be injurious or offensive to the persons employed, or any substantial quantity of dust of any kind, all practicable measures shall be taken to protect the persons employed against inhalation of the dust or fume or other impurity and to prevent its accumulating in any workroom, and in particular, where the nature of the process makes it practicable, exhaust appliances shall be provided and maintained, as near as possible to the point of origin of the dust or fume or other impurity, so as to prevent it entering the air of any workroom.

Precautions where asphyxiant or irritant, gas or vapour -Section 51A

Where ammonia, chlorine, carbon dioxide or other asphyxiant or irritant gas or vapour is used or is liable to be present in any factory, the plant or equipment in which such asphyxiant, gas or vapour is used or liable to be present shall be located in such part of the factory premises where persons are not ordinarily employed in any work.

There shall be provided, properly maintained and readily available in any factory where any such asphyxiant, gas or vapour is used or liable to be present, breathing apparatus or other equipment of a type approved by the Chief Factory Inspecting Engineer.

No person shall be employed to work at or near the outlet of any stack, culvert, drain, flue or sewer or other such place from which dangerous gases or fumes are liable to be discharged:-

unless a responsible person in the factory has certified in writing that effective measures have been taken to prevent such discharge; or unless :-

such person is wearing breathing apparatus approved by the Chief Factory Inspecting Engineer while carrying out such work;

such person is wearing a harness with a rope or ropes or tackle securely attached to the harness and the other end of such rope or ropes is so placed as to enable such person to be rescued in the event of any danger; and

the work is being carried out under the supervision of a responsible person in such factory.

Prevention of Excess Weight Lift Lifting excess weights- Section 58 No person shall be employed to lift, carry or move any load so heavy as to be likely to cause injury to him.

14

Protection of Eyes & Ears

Protection of eyes - Section 53 Where any process or operation carried on in any factory involves a special risk of injury to the eyes of persons employed in such process or operation or to the persons working close to the place where such process or operation is in progress, there shall be provided suitable eye protection for such persons.

The Factories (Protection of Eyes) Regulations, 1979

Effective and suitable screens, shields, goggles of spectacles corrected if necessary for defective vision shall be provided in every factory in which my of the following processes or operations are carried on, for the protection of persons employed in, or in the immediate vicinity of, such processes or operations :-

Dry grinding of metals or metal articles by the application of such metal or such articles to a revolving wheel or disc driven by mechanical power.

Turning (external or internal) of non-ferrous melds, or of cast iron, or of articles of such metals or such iron and where such work is done dry, even in the case of precision work.

Welding or cutting of metals by means of electrical, oxy-acetylene gas or similar process.

The following processes or operations when carried on by means of hand tools, or other portable tools that is to say, fettling of metal casting involving the removal of metal or cutting out or cutting off (not including drilling or punching back) of cold rivets or bolts from boilers or other planes or from ships, or chipping or scaling of boilers or ship plates, or breaking or dressing of stone, concrete or sing.

The handling of corrosive liquids.

Processes or operations where persons employed therein are exposed to fumes which would cause injury or discomfort to the eyes.

Processes where persons are employed in arc-welding oxy-acetylene welding, furnace work or any other operations where eyes are exposed to glare, flicker or any radiation.

Any other process or operation likely to cause injury to the human eye.

Protection of ears- Section 58A No person employed in any factory shall be exposed to noise above a prescribed upper limit, unless such person is provided with suitable ear defenders.

15

Prevention of Electric Shock Precautions to be taken in factories where electricity is generated, transformed, distributed or used – Section 58B

1. In every factory where electrical energy is generated transformed, distributed or used and in every premises referred to in section 80, every electrical apparatus, fitting and conductor :-

1. shall be of such size and power as would be sufficient for the purpose for which it is

intended; shall be so constructed, installed, protected, worked and maintained as to prevent, as far as practicable, danger to persons working in the factory

2. shall be so constructed, installed, protected, worked and maintained as to prevent, as far as

practicable, danger to persons working in the factory 3. shall conform to such other requirements as may be prescribed.

2. In respect of factories to which subsection (1) applies, the Minister may in particular make regulations with regard to the following:-

a) the provision of safety equipment;

b) the manner in which the examination of, and repairs to, electrical apparatus,

c) fittings and equipment are to be carried out;

d) requiring the exhibition of notices warning against danger;

e) the precautions to be taken in the selection and erection of electrical equipment;

f) the fencing and enclosure of equipment;

g) the construction, maintenance and working of transformers and switch houses;

h) the provision of electrical control gear;

i) safety measures to be taken with regard to switch boards;

j) electrical installations in explosive atmospheres;

k) the use of portable electrical hand tools and lights;

l) the earthing of equipment, apparatus and fittings; the laying of bare conductors in buildings;

and the construction and maintenance of overhead service mains and consumers’

conductors.

16

Responsibilities & Offenses under the Factories Ordinance

Responsibilities Duties & Obligations of Employer

Duties and Obligations of Employer The occupier of the factory who is responsible for ensuring that the provisions of the ordinance are complied with. He cannot delegate his responsibility to a manager or other agent. The occupier of a factory as defined under the ordinance means the person who has the ultimate control over the affairs of the factory and where the control of such affairs is entrusted to a managing agent includes such managing agent.

Records to be maintained in General Register - Section 92 General register shall be maintained in the factory and the entries must be sent once in six months to DFIE. The records of certificates under the Factories Ordinance must be attached to the general register.

Preservation of registers and records - Section 93 The general register and every other register or record kept in pursuance of this Ordinance shall be preserved and shall be kept available for inspection by any Factory Inspecting Engineer or by the authorized factory doctor for at least two years, or such other period as may be prescribed for any class or description of register or record, after the date of the last entry in the register or record.

Prohibition of deduction of wages- Section 96 Save as otherwise expressly provided under this Ordinance, the occupier of a factory shall not in respect of anything to be done or provided by him in pursuance of this Ordinance, make any deduction from the sum contracted to be paid by him to any person employed or receive or allow any person in his employment to receive any payment from any such person.

Duties of the Employees

Duties of the persons employed -Section 95 Any person employed in the factory:-

Shall use the means or appliance provided.

Shall not willfully interfere with or misuse any means appliance, convenience or other things.

Shall not willfully and without a reasonable cause, do anything likely to endanger himself and others.

17

Offenses, Penalties and Legal Proceedings

Offenses and Penalties for Non- Compliance - Section 108

In the event of any contravention, in or in connection with or in relation to a factory, of the provisions of this Ordinance or of any regulation or order made or direction issued thereunder, the occupier, or (if the contravention is one in respect of which the owner is by or under this Ordinance made responsible) the owner of the factory shall, subject as hereinafter in this Ordinance provided, be guilty of an offense. In the event of a contravention by an employed person of the provisions of part X with respect to duties of persons employed or of a contravention by any person of any regulation or order made under this Ordinance which expressly imposes any duty upon him, that person shall be guilty of an offense and the occupier or owner, as the case may be, shall not be guilty of an offense in respect of that contravention unless it is proved that he failed to take all reasonable steps to prevent the contravention Where an offense under this Ordinance committed by a company is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other officer of the company, he, as well as the company, shall be deemed to be guilty of the offense and shall be liable to be proceeded against and punished accordingly.

Fines for offenses for which no-express penalty provided- Section 109

Subject as hereinafter in this Ordinance provided, any person guilty of an offense under this Ordinance for which no express penalty is provided by this Ordinance shall be liable:

1. in the case of a first offense, to a fine not less than five thousand rupees;

2. in the case of a second offense (not being an offense in respect of a continuation of an

offense referred to in subsection (2)), to a fine not less than five thousand rupees but not exceeding twelve thousand five hundred rupees;

3. in the case of a third or subsequent offense (not being an offense in respect of a

continuation of an offense referred to in subsection (2)), to a fine exceeding twelve thousand five hundred rupees but not exceeding twenty-five thousand rupees.

Where any person convicted of an offense and punished under subsection (1) continues the contravention in respect of which he was so convicted and punished he shall (subject to the provisions of section 110) be guilty of a further offense and liable in respect thereof to a fine not exceeding five hundred rupees for each day on which the contravention was so continued.

Power of Courts to order causes of contravention to be remedied -Section 110

Where the occupier or owner of a factory is convicted of an offense under this Ordinance, the court may, in addition to or instead of inflicting a fine, order him, within the time specified in the order, to take such steps as may be so specified for remedying the matters in respect of which the

18

contravention occurred, and may, on application, enlarge the time so specified; and where such an order is made, the occupier or owner shall not be liable under this Ordinance in respect of the continuation of the contravention during the time allowed by the court, but if, after the expiration of that time as originally specified or enlarged by subsequent order, the order is not complied with, the occupier or owner, as the case may be, shall be liable to a fine not exceeding five hundred rupees for each day on which the non-compliance continues.

Fines in case of death or injury- section 111

If any person is killed, or dies, or suffers any bodily injury, in consequence of the occupier or owner of a factory having contravened any provision of this Ordinance or of any regulation or order made thereunder, the occupier or owner of the factory shall, without prejudice to any other penalty, be liable to a fine not exceeding one hundred thousand rupees; and subject to the provisions of subsection (4) to (9) of section 17 of the Code of Criminal Procedure Act, the whole or any part of the fine may be applied for the benefit of the injured person or his family death or injury.

Penalty of persons actually committing offense for which occupier is liable- Section 114

Where an act or default for which an occupier or owner is liable under this Ordinance is in fact the act or default of some agent, servant, worker or other person, that agent, servant, worker or other person shall be guilty of an offense and liable to the like fine as if he were the occupier or owner, as the case may be.

19

Health & Safety Policy Implementation

Health & Safety Policy Implementation In an Construction Organization

For a given organization the order of occupational health and safety of its workforce is affecting the productivity of that organization. In addition it shows that they are committed to improve safety and health performance. Thus OH&S policy is considered a key assessment tool in achieving a higher grading. Thereby Safety and Health Management policy is a key step of planning the occupational safety and health in a construction organization. This policy initiation should be developed by the organization's top management with the relevant data collected from all divisions of organization.

Main elements of safety and health policy

The health and safety policy must contain three main elements in order to implement and enforce the actions effectively:

Policy Organization Arrangements

Policy The Policy on Occupational Health & Safety is not mere a written statement of philosophy, but it emphasizes the organizations commitment to ensure the health and safety of its employees is protected at work. Based on the Policy statement the OH&S objectives are set and then responsibilities and systems and procedures are distributed to enact health and safety the actions and measures.

For a fresh organization a professional input is recommended in drafting the OH&S policy. Because the risk elements and hazards and their magnitude is varied according to the scale of the project and number of workers employed. If risk elements and hazards have been recorded in the construction site(s) for some time, it has to be investigated first in preparing the policy measures. Having investigated and analysed the hazards and safety needs of the workplace, a comprehensive Occupational Health and Safety statement can be produced. Upon setting the policy, the OH&S objectives are made. Accordingly responsibilities, authority and resources shall be distributed and designated for appropriate persons and arrangements can be made to work out to achieve the levels and standards of OH&S expected form the policy.

Policy Statement – the declaration of intent The general statement of policy is a declaration of intent on the part of the management: it should contain a commitment to the health and safety of all employees, and reflect the requirements of the national legislation. The policy should also quote the name and designation of the person responsible for overall implementation. This person should be a senior executive of the company and he/she should sign and date it. The policy itself does not need to deal with detailed arrangements, but can refer out to other formal supporting documents which are kept up-to-date and subject to internal control measures.

20

Occupational Health & Safety Policy – the connectivity

Induction, Training &

Continuous Monitoring

Resources, Budget &

Equipment

Authority & Responsibility

Management Intent

& Commitment

Occupational Health

& Safety Policy

Main elements of an effective Occupational health and safety policy:

OH&S policy should be appropriate to the nature and scale of the organization OH&S risks.

OH&S policy includes commitment to continual improvement.

OH&S policy should be committed to at least comply with current applicable OH&S

legislation and with other requirements to which the organization subscribes.

OH&S policy provides framework for setting and reviewing OH&S objectives.

It should be documented, implemented and monitored.

It should be communicated to all employees with the intent that employees are made aware

of their individual OH&S obligations.

It should be available for interested parties

It should be reviewed periodically to ensure that it remains relevant and appropriate to the

organization.

Objectives – Achieving policy expectations

The objectives are the set outcomes of the overall policy. These objectives are enacted by relevant authorized person(s) in order to keep in line with the policy. So objectives shall be practicable and measurable.

When establishing and reviewing objectives of enhancing and up-keeping the occupation health and safety, an organization shall take into account that the legal requirements of H&S risks and other welfare requirements to which the organization subscribe are included. It shall also consider the technological options available, financial, operational and business requirements, and the views of relevant interested parties. You can set the objectives according to SMART theory- where a given objective should be Specific, Measurable, Achievable, Relevant and Time bound.

21

Project Director

Head Engineer

Safety Engineer

Safety Heads

Safety Supervisor

Site Engineer(s)

Foreman(s)

Site Supervisor(s)

Project Manager

Warehouse Manager(s)

Storekeeping Supervisor

Admin Manager

Site Manager

Housekeeping Supervisor

The organization shall establish, implement and maintain a program(s) for achieving its objectives. Program(s) shall include as a minimum:

a) Designation of responsibility and authority granted for a responsible person(s) for achieving objectives at relevant functions and levels of the organization; and

b) the means and time-frame by which the objectives are to be achieved.

The program (s) shall be reviewed at regular and planned intervals, and adjusted as necessary, to ensure that the objectives are achieved.

Examples :

Objective 1:- To reduce the lost time accidents by 50% within this year (Policy expectation - To minimize accidents in the company) Target: -To reduce the accidents in site A (which is a high rise building site) by 40% Objective 2 :- To comply with sections relating to main national OH&S law, which is Factories

Ordinance, and to comply with expected changes of OSH law within next year. (Policy expectation - To comply with national laws)

Target –1.To make alterations to machinery at site A to comply with the requirements of the

Factories Ordinance and its expected changes. 2. New machinery will be purchased only if those conformed to the requirements of the

Factories Ordinance.

Organisation- the formal systems and procedures

The organization for health and safety should reflect the organizational structure and method

of working of the company. Responsibility for health and safety should be given at successive levels of management, from the top to individual supervisors. Responsibilities should be clearly defined, and preferably included in job descriptions, to prevent over-lapping and omission.

Sample of organization structure of OH&S Policy Implementation:

22

For a given company it is vital to set an effective organization to implement their OH&S policy in action. Thereby distributing responsibility and authority and organizing and commencing the expected actions are set within the ‘organization’ which is clearly explained and mentioned in the OH&P itself. For implementation of safety policy, roles and functions of individuals in the organization must be set according to the levels in organization structure. Roles, responsibilities, accountability and authority must be set at each level accordingly.

Arrangements– what has to be done to implement the policy

The basic arrangements have to provide to implement the OH&S policy objectives under assigned persons coming under various categories and section. These arrangements are done typically under two main categories, namely ‘general category’ where first aid, fire safety, welfare and general measures of health, safety and welfare comes and the ‘specific category’ where special actions and codes of order being practiced in the plant, site or the processes. The typical areas where these arrangements have to be done are:

Maintenance of plant and machinery

• Procedures for storage & transport

• Control of radiation, noise, dust, fumes

• New machines, material and products

• Training, induction and safety information

• Written procedures for hazardous jobs

• Housekeeping

• Protective clothing

• Emergency procedures

• Consultation procedures

• Statutory examination procedures

• Collection & analysis of information

Effective Strategies to Implement OH&S Policy :

1. Distribute Responsibility:

Define who is responsible for what? What are the safety and health roles of the line managers and the safety and health professionals etc.

2. Allocate Budget:

Ensures that appropriate funds are available to allow safety and health requirements are sufficiently provided. Funds should be available for resources such as firefighting equipment, training programs on first aid, safety and health in site, safety equipment etc.

3. Grant Authority: State clearly who has the authority to implement high-impact safety and health procedures and codes.

4. Training & Induction: Timely and periodically organize and conduct training programs on first aid, safety and health practices in site, handling equipment safe, emergency procedures etc.

5. Prepare Emergency & Safety Procedures & Alerts: First the Management should be alert and informed how to act on safety and health issues. Thereby prepare what actions are to be taken in a normal working environment as well as in an emergency situation and keep the management alert and updated to launch actions immediately.

23

6. Distribute, establish and enforce the duties:

Write down the safety and health duties of every worker to protect themselves and others.

7. Report & Monitor: Report all incidents, unsafe conditions and practices A system for monitoring the effectiveness of the arrangements and for reviewing safety performance should be established.

8. Promote & develop policy and objectives and outcome.

Occupational Health and Safety Policy document – an example

ICO Engineering and Contracting Company, which is a building construction & contracting company, is having priority and paramount importance on safety and health of its employees, contractors, customers, visitors, neighbors and environment. ICO Engineering and Contracting Company is committed to design, construct, operate and maintain its work environment, machinery, process and work methods to ensure safety and health. So there OH&S policy looks like:

ICO Engineering & Contracting Company (Pvt) Ltd. General Policy of Occupational Health & Safety The occupational health and safety of all persons employed within the organization and those visiting the organization is considered to be of the utmost importance. Resources in line with the importance attached to occupational health and safety will be made available to comply with all relevant Acts and Regulations and to ensure that the work place is safe and without risk to health.

1. We are committed to minimize the accidents and also to minimize the work environment hazards.

2. We are committed to maintain, improve and continual improvement of work environment. 3. We are committed to comply with national occupational safety and health legislations of our

country and also maintain the occupational safety and health requirements of the clients.

4. We are committed to make aware the employees on occupational safety and health matters pertaining to our organization.

5. We are committed to monitor health hazards in work environment regularly and take

corrective actions accordingly.

6. We are committed to monitor health of the employees regularly.

7. We shall make aware this policy to employees and available for interested parties.

8. We shall review the policy according to the changes within organization.

24

Specific Responsibilities:

Management’s responsibility: A) Managers

1. The promotion and maintenance of occupational health and safety is primarily the responsibility of management. Management at all levels is required to contribute to the health and safety of all persons in the workplace.

2. Each manager is required to ensure that this policy and the Occupational Safety and Health programme are effectively implemented in their areas of control, and to support supervisors and hold them accountable for their specific responsibilities.

B) Supervisors

3. Each first-line supervisor is responsible, and will be held accountable for taking all

practical measures to ensure: that the workplace under their control is safe and without risks to health; and that the behaviour of all persons in the workplace is safe and without risks to health. 3.1. the supervisor will always be held accountable for detecting any unsafe or unhealthy

conditions or behaviour or any dangerous occurrence; 3.2. if the supervisor does not have the necessary authority to fix a problem, they will be

held accountable for reporting the matter promptly – together with any recommendations for remedial action – to a supervisor or manager who does have the necessary authority.

4. Managers and Supervisors The supervisor or manager who has necessary authority will be held accountable for taking prompt remedial action to eliminate any unsafe or unhealthy conditions or behaviour or dangerous occurrence.

Employees & Contractors responsibility: A). Employees 1. Employees are required to cooperate with the OH&S policy and programs to ensure their

own health and safety and the health and safety of others in the workplace.

B).Contractors and Sub-contractors 2. All contractors and sub-contractors engaged to perform work on the organisation’s

premises or locations are required, as part of their contract, to comply with the occupational health and safety policies, policies, procedures and programmes of the organization and to observe directions on health and safety from designated officers of the organization. Failure to comply or observe a direction will be considered a breach of the contract and sufficient grounds for termination of the contract.

Occupational Health and Safety Program: In order to implement the general provisions of this policy, a program of activities and procedures will be set up, continually updated and effectively carried out. The program will relate to all aspects of occupational health and safety including:

25

Occupational Safety and Health training and education

Work design, workplace design and standard work methods

Changes to work methods and practice, including those associated with technological change

Safety rules, including penalties

Emergency procedures and alerts

Provision of Occupational Safety and Health equipment, services and facilities

Workplace inspections and evaluations

Reporting and recording of incidents, accidents, injuries and illnesses, dangerous occurrences commuting accidents and

Provision of OH&S information & induction to employees

Contractors and sub-contractors evaluation based on OH&S performance

Date:

Managing Director

26

Methods of Hazard Identification

Hazards in Construction Industry

Methods of Hazard identification:

While the construction work was going on there would be vast changes in the situation of site day by day. Therefore it is evident that the most suitable method to identify hazard is the workplace observation technique. Daily inspections will influence to identify proper hazards at construction. According to the observations the existing control measures can be reviewed and make suitable changes.

Direct observation

Examining records and

Conducting interviews

At the design stage Consider the major operations, which are likely to injury of workman and also causes for illnesses. At the design stage it is possible to plan to prevent injuries. At the design stage, all possible hazards must be identified and then only it is possible to prepare comprehensive documents relating to contract.

In order to eliminate hazards, a designer must be able to identify that a hazard exists. Hazards that may be encountered on construction sites may be categorised into three main types. They may be:

a) Health Hazards: Hazards harmful to health; Eg. Exposed to noise, vibration, asbestos, dust, radiation, etc., b) Safety Hazards: Hazards likely to cause personal injury; and

Eg. Working at heights, working in areas where there is a possibility of falling of objects, exposed to live electrical wires, etc.,

c) Sever Hazards: Hazards likely to lead to catastrophic events

Eg. Outbreak of fires, flooding, premature collapse of structure, collapse of crane, collapse of tunnels and excavations

The possible control measures must be mentioned for the hazards that may be encountered during the construction and risk register must be maintained with the identified hazards in design stage. Contract documents must be prepared at the design stage according to the identified hazards.

Example:

At the design stage in contract documents, it must be mentioned about the legal requirement for health and safety to be complied. At the design stage in contract documents, it must be mentioned to provide suitable scaffoldings and it must be mentioned about the periodical test requirements. All responsibilities for contractors must be included in contract documents including financial requirement, human resource requirement for safety and monitoring requirements with maintenance of records.

27

Observation of a Construction Process and Identifying Hazards

Workplace observation techniques The workplace observation techniques (inspections, audits, walk-through), in which an informed and trained observer subjectively identifies and record hazards in the workplace. It is an important com-ponent of a successful safety programme and could involve regular inspections scheduled on a regular basis, or walk-through on a random basis. The purposes of the workplace observation techniques are: Purposes of workplace observation techniques is to

1. identify existing and potential hazards; 2. gain further understanding of jobs and tasks; 3. determine underlying causes of hazards; 4. monitor hazard controls (personal protective equipment, engineering controls, policies,

procedures); and, 5. recommend corrective action.

Likelihood & Severity of a Hazard: Likelihood- The chance of an event actually occurring

Very Likely - Could happen frequently

Likely - Could happen occasionally

Unlikely - Could happen, but only rarely

Highly Unlikely - Could happen but probably never will

Severity- The consequence of hazard, may be multiple fatal, fatal, serious injuries, injuries, or diseases.

Catastrophic - Death or permanently disabling injury or illness that would prevent return to

work. This category may also include serious injuries to many people.

Serious - Severe deliberating injury or illness. Such an injury might prevent return to work at the same job, but would permit return to work at some point.

Moderate - Significant injury or illness requiring more than first aid. Although lost time may result, the injured party would be able to return to work at the same job within a short period of time.

Minor - No injury or slight injury requiring no more than first aid. This would mean little or no lost time.

28

Identification of hazards which cannot be eliminated, why and where risk assessment must be carried out:-

When we record the hazards in a format as mentioned it is possible to identify hazards some of which could not be eliminated. Risk assessment must be carried out for all significant hazards identified at design stage and also when the construction phase starts, it must be reviewed according to the present condition of hazards. Workplace observation technique is very useful to identify hazards while construction process is going on, as there will be vast changing of the situations.

Why- While construction is continuing, changing of situation of work or working environment.

Where- While the construction process is going on.

After conducting a risk assessment, it can be identified that some of the hazards which could not be eliminated due to available resources, technical capabilities and financial capabilities.

Some of the situations where factors beyond the control of management, hence it is not possible to eliminate hazard. But the situation can be controlled.

In case of weather changes- Rain, Flood, winds etc. -only temporary control measures to certain extent can be exercised yet it may not be adequate.

Responsibility of identification of hazard with the participation of employees at a construction site:- It is important to get the participation of employees while conducting a risk assessment. Employees are exposed to risk and they well know about the consequences. As such they will be able to apply practical control measures with adequate protection for them. While participation also their attitudes could also be changed to considerable extent and they also agreed for control measures thereby there would be no conflict between employees and employers.

As an evidence for the participation of employees records must be kept with the activities and name of employees who were participating for those activities.

29

Recording of hazards in a suitable format

Suitable Format for recording hazards Name of the construction site:- Section of construction site:- Name of the persons:- Date:- Description of work:- Wall painting work in a building construction- site-high rise building of 5 floors. Activity Hazards Severity Likelihood Existing control measures Painting- working at heights involved

Possibility of falling from heights

Fatal or serious injury (Catastrophic)

Very likely Scaffolding provided

Painting- while working on the floor or platform

Possibility of falling of objects

Fatal or serious injury (Catastrophic)

Very likely Brick guards provided Waste removal method provided PPE such as helmets, shoes provided

Painting while walking- Stepping nail and sharp objects

Foot injury (Moderate)

Very likely Shoes provided

30

Risk Assessment Risk assessment is the process of evaluating a hazard to determine the level of action required

to reduce a risk to an acceptable level. When evaluating the risks imposed by a hazard one should consider both the likelihood and consequences of the event happening. Judging how likely it is that something will happen or what its potential consequences might be is like predicting the future. Yet a given incident may not happen the way it is predicted; you can only make a 'best estimate' on the basis of the information available. In many cases the nature of a hazard is so unpredictable.

Thereby Risk Assessment is very important for a given company where the total productivity,

efficiency and quality of work is highly depending on the safety of the site. More accidents means you have to encounter unwanted costs and delays and you may not meet the deadlines and it will affect the overall project outcome. A competent team should conduct a Risk assessment at a very early stage, probably by the project formulation stage. In this stage you assess the possible, predictable risks that you may come across during the project and can prepare for by setting up a quality health and safety setup. At the same time you can employ an insurance policy to recover the costs of compensations.

A risk assessment of the hazards identified in the first step should result in a list of any potential injury or harm and the likelihood of these occurring. The potential for fatal injury should be considered for each identified hazard. If hazards are listed they should be in the order of the most to the least serious, eg. from fatal to minor injury.

In assessing risks, consideration should be given to the state of knowledge about the frequency of injury or disease, the duration of exposure to injury or disease sources and the likely severity of the outcomes. Knowledge gained from similar workplaces or similar processes may be relevant to this risk assessment. Matters to be considered include:

Frequency of injury - how often is the hazard likely to result in an injury or disease? Duration of exposure - how long is the employee exposed to the hazard? Outcome - what are the consequences or potential severity of injury?

Assessing these three factors will indicate the probability or likelihood of injury or harm occurring to workers involved in a particular work process. It also indicates the likely severity of this harm.

Risk assessment requires good judgment and awareness of the potential risks of a work process. Any person undertaking the risk assessment must have knowledge and experience of the work process. Risk assessment will be more complicated or difficult if the information or data regarding hazards of a work process is complete.

In some cases it may be necessary to break down the activity or process into a series of parts and assess each part separately.

An assessment of the risk will help determine the consequences (potential injury or disease) and assist to identify methods to reduce the risk.

Risk assessment should include:

assessing the adequacy of training or knowledge required to work safely;

31

looking at the way the jobs are performed; looking at the way work is organized; determining the size and layout of the workplace; assessing the number and movement of all people on the site; determining the type of operation to be performed; determining the type of machinery and plant to be used; examining procedures for an emergency (eg: accident, fire and rescue); and looking at the storage and handling of all materials and substances.

This step should provide information regarding which employees face an injury or disease risk, how often, and the potential severity of that injury or disease risk.

Assessing the Risk

There are many methods has been developed to assess a risk in order to find successful ways

& means to minimize its adverse impacts if someone exposed to a risk. At the same time there are so many criteria involved in assessing a risk. For an example, let’s consider an accident that can be happen in a construction site. Severity/ Fatality, cause of hazard, Likelihood of hazard and the safety setup are the key factors determine the outcome and its impact of that accident. Thereby those criteria are assessed in detail:

Severity/Fatality Assessment: In Severity Assessment (also known as fatality Assessment) two key factors that increase or decrease the fatality of the accident are assessed:

How fatal/ severe is the accident? What is the cost of accident? Labour cost, Material cost, Time cost?

Consequences of the accident are the outcome of a risk. So consequence is an incident can be the measure of the expected severity of that incident. Thereby the consequences of the possible accident are assessed. When assessing the consequences of an accident, the most severe category one could reasonably expect to result from that accident should be selected. The consequences of an event can be categorized as follows:

Catastrophic- Death or permanently disabling injury or illness that would prevent return to normal work. This category may also include serious injuries if faced by many people. Serious- Severe deliberating injury or illness. Such an injury might prevent return to work temporary. Injuries or health issues require hospitalization and long medical treatments comes under this category.

Moderate- Significant injury or illness requiring more than first aid. Although lost time may result, the injured party would be able to return to work at the same job within a short period of time. Minor- No injury/property or equipment damage or slight injury requiring no more than first aid. This would mean little or no time delay. Impact Rate is a quantitative method to rate a given impact of a risk. According to nature of encountered risk where it changes according to the scale and nature of the project one can form a

32

Impact rating. Example:

Impact Outcome Rate

Catastrophic

Death (More than one) C5

Death C4

Permanent injury (More than one) C3

Permanent injury C2

Multiple Serious Injury C1

Hazard Assessment: Hazard is recognized as anything, an object or a situation, that may incur damage or an injury to people. In Hazard Assessment there are two key factors assessed:

What was the cause/ hazard that caused the accident? Is that hazard frequently occurred?

Likelihood is defined as the chance of an event actually occurring. When making an assessment of likelihood, you must establish which of the following categories most closely describes the likelihood of the possible hazard or hazardous event may occur:

Very Likely -- Could happen frequently

Likely -- Could happen occasionally

Unlikely -- Could happen, but only rarely

Highly Unlikely -- Could happen but probably never will When evaluating the likelihood of an accident, a factor that will modify the likelihood category, is exposure. Exposure is a measure of how often or how long a person is actually exposed to a hazard. This exposure can be categorized as:

Very Rare -- Once per year or less

Rare -- A few times per year

Unusual -- Once per month

Occasional -- Once per week

Frequent – Daily

Continuous – Constant It is a common mistake to place too much emphasis on the mitigating effects of a low exposure level. Just because a person is not exposed to a hazard very often, it does not always mean that we can take fewer precautions for that rare hazard. The certainty or likelihood of an accident happening is more important than how often a person is exposed to a hazard. If the position of the danger adds to the consequences in the event of an accident happening then the added consequences must be taken into consideration and the consequence rating to be increased.

33

Risk & Hazard Assessment: An Example: A power hoist is a common machine in a construction site. This hoist can operate up to four stories – 50 feet. The hoist has a rotating flywheel connected to a motor operated with two gears and two pulleys are operating at once with heavy duty hooks that pull brick loads, steel and other material loads up. Two hooks are welded to two separate heavy duty chains. Hoist trunk is a steel structure welded with iron bars. The design of the hoist is that the swing during lifting up. In an unexpected swing may lean a load, probably a brick load though it is lifted in a custom made wooden cage, a brick can be fell down. If at this point a worker is exposed for material fall, the normal result is a severe crush or fatal injury. The workers would expect to wear their safety helmets in the danger zone for throughout the time they work nearby. There are no guards or covers that can prevent the material fall from hoist once a swing or a shake has developed while lifting material load. Good maintenance & caution will reduce the number of key hazards could happening but can never eliminate them totally.

For this example let us assume that maintenance has reduced the risk of the material fall from the hoist to once in 10,000 operations. (This is not an unrealistic figure). At first glance it seems we need do nothing further to reduce the risk. Closer examination will reveal that operators of hoist often exceed 08 operations per hour. Using 08 operations per hour for this example and 1 fault every 10,000 operations we find that:

08 operations/hour x 8hrs/day x 5days/week x (n)weeks = 10,000 operations. This indicates that any worker in site is at risk of facing an accident of material fall every 31.25 weeks. The exposure to risk is 'very rare' however the 'likelihood' of the accident happening is almost certain if the safety measure are not tighten. Control measures must be put in place to reduce the likelihood of this accident occurring because it is unacceptable for an organization to have a serious accident once in every 7 months. The location of a hazard can affect the likelihood of the accident happening. For example, if the hoist is built up adjacent to a walkway where worker could easily come into contact with the material falls would have a higher likelihood rating than if the same hoist is located in a location where frequent movement is discouraged.

When we assess 'likelihood' it should be remembered we are only assessing the possibility of an accident happening. As part of our assessment of likelihood we must take into consideration how often and for how long a person is at risk, however this is of lesser importance than the certainty of an accident occurring.

Safety Assessment The next step of the risk assessment is assessing the safety setup of the site. Here it is investigated (since it is at the initial stage of the project, perhaps only preliminary works have taken yet) what are the possible preventive measures or methods to:

1. Avoid hazard

2. Avoid vulnerability

3. Minimize the vulnerability

4. Minimize the risk

34

First place it is investigated whether a given hazard can be avoided in the project run. There are many hazards that can avoid if the precautions and skilled labour are used for specilaised processes. Then on the remaining possible hazards it is tried to avoid the vulnerability getting exposed to that hazard. Many cases it can be worked out if proper site supervision and induction is given. If still one cannot avoid the vulnerability then minimizing measures should be taken. Since construction is highly depend on human labour and workers’ behavior is highly unpredictable, still there can be risks and accidents though sufficient induction, training, supervision and safety gears are given. So it is also important to implement measures to minimize the impact of the risk given the likelihood of a hazard id reportedly high. Risk Assessment can be a key outcome of implementing the OH&S policy in the company. Once the Risk assessment is conducted, it can be easily set the safety measures and standards and safety inspection during the project. At the same time since possible outcome of accidents are predicted and safety measures are adopted the insurance against unforeseen accidents can be claimed and cost overruns can be minimized due OH&S issues.

35

Format for Hazard Identification & Risk Assessment

Examples: Painting work Name of the construction site: Section of the construction site:- Name of persons:- Date:- Description of work:- Wall painting work in a building construction- site-high rise building of 5 floors.

Activity Hazard Severity Likely hood

Risk rating

Priority Control measures Whom When Done Review

Date Working at height more than 10 feet on a floor

Possibility of falling from heights

Fatal injury (Catastrophic) 4

Likely L4

High 16LC

Provide fencing around the floor

Working on a scaffolding

Possibility of collapse of scaffolding

Fatal injuries to more than one person C 4

Likely L 4

High 16LC

Load rating must be checked by supervisor

Possibility of falling objects

Fatal and serious injuries C4 Likely

L 4 High 16LC

1.Provide safety helmets 2. Toe guard must be provided 3. Waste material removal method must be applied

Walking Possibility of slip and fall

Fatal and serious injuries C4

Likely

L 4

High 16LC

1.Provide safety shoes 2. Good House keeping 3. Provide safe work path

Stepping on nails and sharp objects

Foot injuries Moderate M 2

Likely L 4

Medium 8ML

1.Provide safety shoes 2. Good House keeping 3. Provide safe work path

Painting Possibility Eye injury

Eye injury Moderate M2

Likely L4

Medium 8LM

1. Use of safety goggles

36

Painting Possibility of injury to skin

Skin injury Moderate M2

Likely L4

Medium 8LM

Use of overall with long sleeves Gloves must be provided

Possibility of exposure to dust

May cause silicosis or pneumoconiosis Moderate M2

Likely L4

Medium 8LM

Provide suitable masks

Possibility of exposure to hazardous substance

May cause injuries and illnesses Moderate M2

Likely L4

Medium 8LM

Provide suitable masks and gloves

Example2 :Scaffolding Erectors Name of the construction site: Section of the construction site:- Name of persons:- Date:- Description of work:- Erecting scaffoldings- site-high rise building of 3 floors.

Activity Hazard Severity Likely hood

Risk rating

Priority Control measures Whom When Done Review

Date Manual handling

Workers could suffer from back injury

Moderate M 2

Likely L 4

Medium ML 8

Use of lifting machinery such as chain blocks, cranes.

Working at heights while erecting scaffolding

Possibility of falling from height

Fatal injury Catastrophic C 4

Likely L4

High CL 8

Provide bucket lifter/aerial lifter

37

Methods of Risk Assessment Risk Assessment (RA) is a key input for ensuring the Occupational Health & Safety (OH&S) in both construction and manufacturing industries. Serious accidents and health issues can seriously affect the progress and final output of any project. at the same time a given project cannot be expected an ‘accident free’ project where to a certain degree some hazards and vulnerability cannot be avoided or minimized, yet many common hazards are often found cause accidents. This raises the concerns of safety. Safety inspection is one critical control measure to detect and control hazards, yet conduction a risk assessment though it is relatively difficult task, provides possible projections of worksite accidents, so safety inspection can be better planned and implemented. There are several methods have been developed for the risk assessment. Both Qualitative and Quantitative methods are available for risk assessment. Some methods are as follows:

Risk Assessment Method 1: Likelihood-Consequence Matrix This is a Semi quantitative RA method which considers the likelihood of a given hazard and the consequences. Take this example of driving a car. Any person can get in a car accident in a given time. So the Risk of being fell in an accident to be assessed. Then with that RA, safe driving practices, traffic control measures etc, can be exercised to avoid or minimize the road accidents. First the possible hazard(s), the vulnerability and the possible risk(s) that can occur during driving a vehicle are recognized. See following table:

Every recognized hazard is then assessed one at a time. With the available data the likelihood of that hazard is measured and rated. Again with the available data the consequence or the impact of that hazard is measured and rated. Then both rates are put in a matrix:

Hazard

Vulnerability Risk

Driving in High Speed

Getting hit by another vehicle Car Accident

Vehicle can be skipped/ uncontrollable Car Accident

Vehicle can be hit in a road barrier, a street wall, a lamp post etc.

Car Accident

Driving Carelessly/ Drunken

Getting hit by another vehicle Car Accident

Hitting a pedestrian Car Accident

Vehicle can be skipped/ uncontrollable Car Accident

38

According to the statistical data it is highly unlikely that we will have a car accident and the worst consequence would be a fatality- a catastrophic accident. According to the matrix above we can see that the risk is in the medium range which means that we can make efforts to reduce the risk of this kind of accidents by means such as driver training, road management and vehicle design. If we consider the likelihood and the consequences of this accident, events or situations assessed as very likely (that means that accident can happen so frequently) with catastrophic consequences are the most serious (HIGH risk) events. Those assessed as highly unlikely with minor injuries are the least serious (LOW risk) events. When developing risk control strategies, any item with a high rating should be addressed first. Using the above matrix we can develop a list of hazards with highly rated hazards at the top of the list. Every possible hazard, in other words every common hazard is to be taken into consideration. Once the risk is identified with this risk rating matrix then Safety Management is expected to make safety measures to either minimize hazard, vulnerability or both with applicable measure(s). Safety Inspection & Induction procedures, guidelines and processes can be planned accordingly.

Risk Assessment Method 2: Risk Score Calculators This is a Quantitative RA method. The risk of a given hazard is can be an equation of:

Risk = Exposure x Probability x Consequences So if we can score the each factor we can calculate the risk score for a given hazard. Then by comparing the scores of the hazards, the risk(s) can be weigh & prioritize. Accordingly Risk Mitigation or control measures can be planed and worked out. Step 01: Scoring the Exposure: First, the level of exposure to a given hazard to be recognized. That exposure can be continuous, frequent, occasional, usual, rare, and very rare. Then exposure is scored. Following equation is used to score the exposure of a given hazard:

Exposure = Number of employees exposed x rating

Risk Facing an accident by hitting another vehicle at driving in high speed

Likelihood Consequences

Catastrophic Serious Moderate Minor

Very Likely High High High Medium

Likely High High Medium Medium

Unlikely High Medium Medium Low

Highly unlikely Medium Medium Low Low

39

Step 02: Scoring the Vulnerability/ Probability: Here the vulnerability of that hazard is scored in terms of probability – how many chances/ opportunities you may have to face the given hazard. exposure to a given hazard to be recognized. That vulnerability can be either most likely, quite possible, unusual, remote or practically impossible in terms of probability of occurrence. Then the probability is scored. Following equation is used to score the probability:

Probability= Number of employees exposed x rating

40

Step 03: Scoring the Consequence(s): Here the consequence(s) of that hazard is scored. That consequence(s) can be a catastrophic, multiple fatal, fatal incident or a serious injury, disabling injury or minor injury. Then the consequence(s) is scored. Following equation is used to score the probability:

Consequence(s)= Number of employees exposed x rating

Step 04: Calculating Total Score: All scores of Exposure, Probability (of vulnerability) and the Consequences are multiplied to calculate the Risk Score: Risk Sore = E x P x C

Hazard Exposure Probability Consequence Risk Score

Hazard A 80 40 140 448000000

Hazard B 30 60 70 126000000

Hazard C 52 86 230 1028560000

41

Risk Control When a risk assessment has identified a hazard as having unacceptable risks, which means

the risks that would cause health and safety threats, serious damages to both manpower and project progression, yet those we can control or minimize, we have to adopt and implement control measures to eliminate the risk or reduce the risk to an acceptable level. What is accepted as ‘safe’ is not constant or absolute. There can be s a situation or an incident that surpasses the expected level of safety. This is the reason where a fixed or uniform format for OH&S is not practical. Thereby at the organizational level many organizations establish what level of safety and health is acceptable for their domain. Only the public organizations set and establish the OH&S measures, controls and standards that everyone can agree on a uniform level of safety.

The level of risk we find acceptable is often open to debate. The standards required by any

given activity are not constant and usually change according to its location, scale of the activity and amount of resources being employed. Standards may vary from industry to industry and are influenced by various safety regulations, current knowledge and experience of risks encountered and by who is paying for the risk reduction.

What is Risk Control?

People would like to be free from risks, however every activity has some risk(s) attached. Either if you do it in a wrong way or unsafely you or another person using it next time will face a threat. At the same time an external factor will cause you damage unless you prepared for it.

Any substantial measure that can practically execute and continue that will avoid or at least minimizes the severity of a possible threat to safety and health is recognized as a risk control measure. This can be a methodical, procedural and behavioral measure which is referred as Domains of Risk Controls.

Example:

Now the fire is protected with a fence so it will avoid or minimize the possible threat of someone getting too closer to the fire

A bare fire is a hazard where is someone is directly exposed

42

Risk Control Measures 1. Methodical Measures:

Here, you can control or minimize the impact by introducing a safe method(s) when dealing with a

particular hazard. For an example live exposure to the high voltage electricity is a serious hazard that can bring a severe or catastrophic outcome where it is so likely. So dealing with high voltage electricity needs special arrangements and precautions. The electricians should fully equipped with al required safety gears such that safety glove, helmet, coverall, boots etc. At the same time there are new hi-tech equipment to deal with live electrical objects. So these measures notably tools and equipment are a type of methodical risk control measures.

At the same time, one can restrict the contact with high voltage live electricity by providing sufficient coating in transmission lines, fencing or confining the high voltage equipment. These exposure preventive methods are another type of methodical risk control measures.

2. Procedural Measures:

There are situations, given the safety equipment and tools, even the skilled workers face accidents. Many such cases are because of carelessness and not following the given procedures to handle equipment and tools. Thereby when dealing with high voltage electricity, hazards materials like asbestos, when operating equipment such as hoists & cranes, and when working at dangerous locations such as confined spaces and working at very highs, a number of safety procedures to follow. These procedures and guidelines are monitored and inspected often to enforce and make necessary updates. These measures are referred as the procedural risk control measures.

3. Behavioral Measures:

There are practices and ways where people following that will become so dangers in many occasions. For an example a skilled electrician is working very carelessly and a driver drives drunken transports a load of rocks. In these both situations the safety equipment, road signs or any other procedure will not control any possible accident. In both cases not only the impact is severe but can be multi fatal! The root is then the attitude and the behavior. The induction gives all safety standards and regulations (abided by the law) and worksite procedures being practiced. Yet sufficient training should be given for attitude and behavioral development on OH&S. For an example attitude change is more effective on drunken drive, rather than imposing more penalties on the road. At the same time the attitude of responsible behavior and handling will be the most effective safety measure for a given activity notably the construction works.

Both methodical, procedural and behavioral measures can work together to come with a sound risk

control system.

43

Hierarchy of control Risk Control measures can be categorized according to the effectiveness of the control, where the most effective risk controller is listed at the top and this is collectively known as a 'hierarchy of control'.

When selecting appropriate measures to control a risk it is highly recommended to select a highly effective control measure that is practicable. Thereby depending on the practicability the selection risk control measure can be varied yet it does not suffice as the best available choice of risk control. The hierarchy of Risk Control list usually comprises:

Elimination

Substitution

Separation/ Isolation

Procedural/ Administrative Controls

Personal protective equipment This list may be customized according to the nature and the scale of construction work involved.

1. Elimination

The most satisfactory method of dealing with a hazard is to eliminate it. Once the hazard has been eliminated the potential for harm has gone. Example:

1. If many accidents happening in the site due to permission of vehicles entry, vehicles will not be allowed to enter the site and will be stopped at the gate. By this simple way we have eliminated the hazard.

2. Use of metal crushers inside the site generates a huge dust inside the premises that can bring reparative problems for many workers. As an alternative metal crushers can be established off-site or in a near-site location where people engaged in metal crushing can be given better breathing apertures. By this simple way we have eliminated the hazard in the site at the same time more cost-effective rather that giving all workers dust covers.

2. Substitution

This involves substituting a dangerous process or substance with one that is not that dangerous. This is a successful option available for dangerous materials. Substitution can avoid or minimizes the risk, but sometimes this may not be as satisfactory as elimination because there may still be a risk (even if it is reduced).

Example:

Many chemicals can be substituted for other safer chemicals, which perform in the same manner but do not have the same dangers or possible danger is ceased. Example: water based paints rather than those that contain lead. In many cases there are limited options available to go for substitutions because of resource constraints. But whenever it is possible substitution should be adopted because there are many hazards that cannot be avoided.

3. Separation or Isolation

Separate or isolate the hazard from people. This method has its limitations where the separation and isolation is not fixed or permanent. Once the isolation or seperative measure fails the hazard has re-emerged.

44

Example:

A hoist that pulls heavy materials, bricks and steel rods is very hazards where the material fall is very likely. At the same time no works has permitted in the area while hoist in operation and nobody is permitted to enter that area. This simple rule can avoid the possible risk. Yet if someone mistakenly goes this area he is at risk. Avoiding movement in hazardous areas in a busy site is sometimes is practically difficult.

4. Procedural/ Administration control

Administrative solutions usually involve modification of the likelihood of an accident happening. This can be done by reducing the number of people exposed to the danger and providing training to those people who are exposed to the hazard.

Example:

The dangers of high voltage electricity are very high and only trained and competent electricians are allowed to work on electrical equipment. Though the electrician is still at risk, but their training is such that the risks are reduced to an acceptable level. Administrative solutions also include danger signs, and written systems of work such as those for working in confined spaces and lock out procedures.

5. Personal Protective Controls

Provision of personal protective controls involves mainly the provision of safety equipment. This should only be considered when all other control methods are impractical, or to increase control when used with another method higher up in the Hierarchy of Control. Example:

To remove the possibility of a person getting injured in a worksite that has a temporary arrangement to handle cutters and other type of equipment, would be impracticable, as it is difficult to secure every movable object large enough to make a damage if it fell on a person's foot or if he touches a sharp blade mistakenly. The practicable solution is to provide every person at risk with safety gears notably hand gloves, footwear, eye guards etc. The above controls are not mutually exclusive; several risk control measures in the hierarchy may needed to obtain the expected level of Safety.

45

Safety &Health Plan The principal contractor of a given project has to produce a construction health and safety plan at the phase, outlining the key arrangements to ensure that the construction works are carried out safely. The client should not allow work to start on site until there is an adequate OH&S plan is prepared. In this OH&S plan the significant risks has been identified and control measures suggested.

Example : Arrangements for controlling significant site risks

Safety Risk Controls

Safe demolition.

Delivery and removal of materials (including waste) and work equipment, taking account of any risks to the public, e.g. during access to or egress from the site.

Services, including temporary electrical installations.

Preventing falls.

Prevent hazards and accidents in working with or near fragile materials.

Control of lifting operations.

Supplying infrastructure services with acceptable standards (water, electricity, gas, communications cabling, etc.).

Frequent maintenance of plant and equipment.

Controlling poor ground conditions or contaminated grounds.

Applying standard safety measures in works carried out in confined spaces.

Safety & Health Plan

Identifying possible risks

Assessing

Suggesting Risk control measures

Risk control applications

Execution

Feed Back

46

Managing temporary works.

Safe storage of materials (particularly hazardous materials) and work equipment.

Carefully dealing with existing unstable structures.

Controlling operations to avoid or minimize the disturbance(s) to adjacent land use(s).

Consider the off-site safety hazards and risks.

Health Risk Controls

Apply the safety methods in removing hazardous substances: i.e: asbestos.

Apply the safety methods and measures in working in hazardous or dangerous spaces/sites: i.e. Shifting plan in working in contaminated spaces.

Prepare control measures and guidelines for manual handling of materials and equipment.

Apply and control noise and vibration reduction measures.

Any other significant health risk: i.e. personal cleanliness and health practices.