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Ensuring worker safety has been one of the ILO’s fundamental missions. The presentation includes comparative items among country members of ASEAN focusing on the Occupational Safety and Health with ILO conventions as the fundamental framework.
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DEFINITION • Occupational Safety and Health (OSH) • defined as the science of the anticipation, recognition,evaluation and • control of hazards arising in or from the workplace that could impair • the health and well-being of workers, taking into account the • possible impact on the surrounding communities and the general • environment. • It is a key element in achieving sustained decent working conditions • and strong preventive safety cultures. REFERENCE: http://www.ilo.org/wcmsp5/groups/public/@dgreports/@dcomm/@publ/documents/publication/wcms_093550.pdf
Fundamental • Principles of OSH
C155Occupational Safety and Health Convention, 1981 • The convention provides for the adoption of a coherent • national occupational safety and health policy, as well as action • to be taken by governments and within enterprises to promote • occupational safety and health and to improve working conditions. • This policy shall be developed by taking into consideration national • conditions and practice. The Protocol calls for the establishment and • the periodic review of requirements and procedures for the recording • and notification of occupational accidents and diseases, and for the • publication of related annual statistics. REFERENCE: http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/occupational-safety-and-health/lang--en/index.htm
2.C161Occupational Health Services Convention, 1985 This convention provides for the establishment of enterprise-level occupational health services which are entrusted with essentially preventive functions and which are responsible for advising the employer, the workers and their representatives in the enterprise on maintaining a safe and healthy working environment. REFERENCE: http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/occupational-safety-and- health/lang--en/index.htm
3.C187Promotional Framework for OSH Convention, 2006 This Convention aims at promoting a preventative safety and health culture and progressively achieving a safe and healthy working environment. It requires ratifying States to develop, in consultation with the most representative organizations of employers and workers, a national policy, national system, and national programme on occupational safety and health. REFERENCE: http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/occupational-safety-and-health/lang--en/index.htm
II. Health and safety in particular branches of economic activity
C120 Hygiene (Commerce and Offices), 1964 • This instrument has the objective of preserving the health and • welfare of workers employed in trading establishments, and • establishments, institutions and administrative services in which • workers are mainly engaged in office work and other relate services • through elementary hygiene measures responding to the • requirements of welfare at the workplace. REFERENCE: http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/occupational-safety-and-health/lang--en/index.htm
2.C045 Underground Work Women, 1935 • No female, whatever her age, shall be employed on underground work in any mine. • National laws or regulations may exempt from the above prohibition— • females holding positions of management who do not perform manual work; • (b) females employed in health and welfare services; • (c) females who, in the course of their studies, spend a period of training in • the underground parts of a mine; and • (d) any other females who may occasionally have to enter the underground parts • of a mine for the purpose of a non-manual occupation. REFERENCE: http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/occupational-safety-and- health/lang--en/index.htm
3.C176 Safety and Health in Mines Convention, 1995 This instrument regulates the various aspects of safety and health characteristic for work in mines, including inspection, special working devices, and special protective equipment of workers. It also prescribes requirements relating to mine rescue. REFERENCE: http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/occupational-safety-and-health/lang--en/index.htm
4.C152 Occupational Safety and Health (Dock Work), 1979 • A Member may grant exemptions from or permit exceptions to the provisions of • this Convention in respect of dock work at any place where the traffic is irregular • and confined to small ships, as well as in respect of dock work in relation to fishing • vessels or specified categories thereof, on condition that– • safe working conditions are maintained; and • (b) the competent authority, after consultation with the organisations of employers • and workers concerned, is satisfied that it is reasonable in all the circumstances • that there be such exemptions or exceptions. REFERENCE: http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/occupational-safety-and-health/lang--en/index.htm
5.C167 Safety and Health in Construction Convention, 1988 The convention provides for detailed technical preventive and protective measures having due regard for the specific requirements of this sector. These measures relate to safety of workplaces, machines and equipment used, work at heights and work executed in compressed air. REFERENCE: http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/occupational-safety-and-health/lang--en/index.htm
6.C184 Safety and Health in Agriculture Convention, 2001 The convention has the objective of preventing accidents and injury to health arising out of, linked with, or occurring in the course of agricultural and forestry work. To this end, the Convention includes measures relating to machinery safety and ergonomics, handling and transport of materials, sound management of chemicals, animal handling, protection against biological risks, and welfare and accommodation facilities. REFERENCE: http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/occupational-safety-and-health/lang--en/index.htm
7.C062Safety Provisions (Building) Convention, 1937 • The laws or regulations for ensuring the application of the General Rules set forth in • of this Convention shall apply to all work done on the site in connection with the • construction, repair, alteration, maintenance and demolition of all types of buildings. • It shall— • require employers to bring them to the notice of all persons concerned in a • manner approved by the competent authority; • (b) define the persons responsible for compliance therewith; and • (c) prescribe adequate penalties for any violation thereof. REFERENCE: http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/occupational-safety-and-health/lang--en/index.htm
III. Protection against specific risks
C013 White Lead (Painting) Convention, 1921 • Each Member of the International Labour Organisation ratifying the Convention • undertakes to prohibit, with the exceptions: • the use of white lead and sulphate of lead and of all products containing these pigments, • in the internal painting of buildings, except where the use of white lead or sulphate of • lead • 2)or products containing these pigments is considered necessary for railway stations • or industrial establishments by the competent authority after consultation with • the employers' and workers' organisations concerned. • It shall nevertheless be permissible to use white pigments containing a maximum • of 2 per cent of lead expressed in terms of metallic lead. REFERENCE: http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/occupational-safety-and-health/lang--en/index.htm
2.C115 Radiation Protection Convention, 1960 The objective of the Convention is to set out basic requirements with a view to protect workers against the risks associated with exposure to ionising radiations. Protective measures to be taken include the limitation of workers' exposure to ionising radiations to the lowest practicable level following the technical knowledge available at the time, avoiding any unnecessary exposure, as well as the monitoring of the workplace and of the workers' health. The Convention further refers to requirements with regard to emergency situations that may arise. REFERENCE: http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/occupational-safety-and- health/lang--en/index.htm
3.C139 Occupational Cancer Convention, 1974 This instrument aims at the establishment of a mechanism for the creation of a policy to prevent the risks of occupational cancer caused by exposure, generally over a prolonged period, to chemical and physical agents of various types present in the workplace. For this purpose, states are obliged determine periodically carcinogenic substances and agents to which occupational exposure shall be prohibited or regulated, to make every effort to replace these substances and agents by non- or less carcinogenic ones, to prescribe protective and supervisory measures as well as to prescribe the Necessary medical examinations of workers exposed. REFERENCE: http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/occupational-safety-and-health/lang--en/index.htm
4.C148Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 The convention provides that, as far as possible, the working environment shall be kept free from any hazards due to air pollution, noise or vibration. To achieve this, technical measures shall be applied to enterprises or processes, and where this is not possible, supplementary measures regarding the organization of work shall be taken instead. REFERENCE: http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/occupational-safety-and-health/lang--en/index.htm
5.C162Asbestos Convention, 1986 Aims at preventing the harmful effects of exposure to asbestos on the health of workers by indicating reasonable and practicable methods and techniques of reducing occupational exposure to asbestos to a minimum. With a view to achieving this objective,the convention enumerates various detailed measures, which are based essentially on the prevention and control of health hazards due to occupational exposure to asbestos, and the protection of workers against these hazards. REFERENCE: http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/occupational-safety-and-health/lang--en/index.htm
6.C170 Chemicals Convention, 1990 The Convention provides for the adoption and implementation of a coherent policy on safety in the use of chemicals at work, which includes the production, the handling, the storage, and the transport of chemicals as well as the disposal and treatment of waste chemicals, the release of chemicals resulting from work activities, and the maintenance, repair and cleaning of equipment and containers of chemicals. In addition, it allocates specific responsibilities to suppliers and exporting states. REFERENCE: http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/occupational-safety-and-health/lang--en/index.htm
7.C119 Guarding of Machinery Convention, 1963 • The provisions of this Convention— • apply to road and rail vehicles during locomotion only in relation to • the safety of the operator or operators; • (b) apply to mobile agricultural machinery only in relation to the safety • of workers employed in connection with such machinery. REFERENCE: http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/occupational-safety-and-health/lang--en/index.htm
8.C127 Maximum Weight Convention, 1967 This Convention applies to regular manual transport of loads. No worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardise his health or safety. REFERENCE: http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/occupational-safety-and-health/lang--en/index.htm
9.C174 Prevention of Major Industrial Accidents Convention, 1993 This Convention applies to major hazard installations. This Convention does not apply to: (a) nuclear installations and plants processing radioactive substances except for facilities handling non-radioactive substances at these installations; (b) military installations; (c) transport outside the site of an installation other than by pipeline. REFERENCE: http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/occupational-safety-and-health/lang--en/index.htm
10.C136 Benzene Convention, 1971 • This Convention applies to all activities involving exposure of workers to-- • (a) the aromatic hydrocarbon benzene C6H6, hereinafter referred to as benzene ; • (b) products the benzene content of which exceeds 1 per cent by volume, hereinafter • referred to as products containing benzene . • Whenever harmless or less harmful substitute products are available, • they shall be used instead of benzene or products containing benzene. • 2. This does not apply to-- • (a) the production of benzene; • (b) the use of benzene for chemical synthesis; • (c) the use of benzene in motor fuel; • (d) analytical or research work carried out in laboratories. REFERENCE: http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/occupational-safety-and-health/lang--en/index.htm
IV.Comparative Conventions ASEAN countries
Legend: x no ratification / with ratification & year of ratification/enforcement
V.Current situation on Labor Inspection in workplace
Brunei Darussalam Ministry of Health - Surveillance of Working Environment Regular work site visits , OHS inspections, audits, risk assessments & advice - Inspectorate team –doctor, nurse, health inspectors - Frequency– 3 inspections /week (Tue,Wed,Thu) Check lists – OHS inspection, audit, first aid assessment Workplace surveys & grading – Mon/Sat –health inspectors- OSH assessment for licensing purposes Industrial Hygiene -noise monitoring ,dust sampling, assessment of illumination ,temp. humidity & toxic gas analysis, heat stress monitoring REFERENCE: http://www.energy.gov.bn/HSE/Documents/2_MOH_Health%20and%20Safety%20at%20Workplace.pdf
Indonesia ▪ Indonesia has adopted one of the most comprehensive law on OSH management system (OSH-MS) at large or high -risk enterprises. The regulation stipulates that “Any company employing 100 employees or more, or containing harmful potential issued due to process characteristic or production material which may cause occupational accident such as explosion, fire, contamination and occupational disease is obligated to implement an OSH-MS.” A systematic audit, endorsed by the Government, is necessary to measure the OSH- MS practice. A company is awarded an OSH-MS certificate if it complies with at least 60 percent of 12 main elements, or in 166 criteria ▪ Work safety inspection for formal sector only REFERENCE: http://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilomanila/documents/publication/wcms_126058.pdf
Malaysia • Occupational Safety and Health Act 1994 • To ensure that all staff are provided with the relevant information, instruction, training and supervision regarding methods to carry out their duties in a safe manner and without causing any risk to health; • To investigate all accidents, diseases, poisonous and/or dangerous occurrences, and to have action to ensure that these occurrences will not be repeated; REFERENCE: http://www.dosh.gov.my/index.php?option=com_content&view=article&id=84:the-role-and development&catid=39&Itemid=172&lang=en
Singapore ▪ The Inspectorate focuses on reducing safety and health risks at workplaces by conducting inspections, surveillance of workplaces and enforcing the law when necessary, to ensure that workplaces maintain an acceptable level of safety and health standard. The Inspectorate also investigates accidents and lessons learnt from the accidents are shared with the industry. ▪ The department administers the Work Injury Compensation system to assist injured employees and dependants of deceased employees in claiming work injury compensation. It also administers the Incident Reporting system for reporting of workplace accidents, dangerous occurrences and occupational diseases. REFERENCE: http://www.mom.gov.sg/aboutus/divisions-statutory-boards/Pages/occupational-safety-healthdivision.aspx#sthash.VgsVRAEc.dpuf
Philippines ▪ Earthquake & Fire prevention drills , Labor Inspection, Accident reports (w/in 24 hours) • 14th National Occupational Safety and Health Congress on November 20-21, 2014 at the Occupational Safety and Health Center (OSHC). “Expanding Social Protection through Occupational Safety and Health” 1) OSH in the key employment sectors such as the construction, maritime, bus transport, government, manufacturing, mines, services and BPOs 2) New regulations on safety and health by focal government policy agencies 3) Research on risk assessment and communication 4) Best practices and interventions for workplace improvement 5) Effective training modalities and technological innovations by local and international experts REFERENCE: http://www.oshc.dole.gov.ph/
Philippines Labor Standards Enforcement by Region, Philippines: 2014 The new labor law compliance system, which serves as the framework for the additional 372 plantilla positions granted by President Benigno S. Aquino III for labor laws compliance officers (LLCOs), aims to foster a culture of voluntary compliance with labor laws by all establishments nationwide. See manual on LLCS : http://www.dole.gov.ph/files/Manual%20on%20the%20LLCS%209-12 14%281%29.pdf REFERENCE: (http://www.bles.dole.gov.ph/PUBLICATIONS/Current%20Labor%20Statistics/STATISTICAL%20TABLES/eCLS_April2014.pdf_
Thailand Safety inspection in the workplaces consisted of 5 types as follows: 1.1 The regular inspection -ensure the workplace compliance with regulation 1.2 The requested inspection - is the OSH inspection at certain workplaces where complaints have been lodged on non-compliance or violation against OSH laws. 1.3 The follow-up inspection - is the continual inspection after the regular inspection, requested inspection, or special inspection. 1.4The accidental inspection - is the OSH inspection at workplaces where and when unusual incidents or accidents occurred. 1.5 The special inspection - is the specific OSH inspection as required to enhance OSH practices REFERENCE: http://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---sro bangkok/documents/policy/wcms_192111.pdf
Cambodia • Inspection Visits have been conducted once a year in each small enterprise in Phnom Penh City. Not in provinces • Many inspectors have also carried out OSH training for home workers, construction workers, farm workers and farmers in cooperation with workers, employers, NGOs, and the ILO. Participatory training programmes like WISH (Work Improvement in Safe Home) for home workers, WISCON (Work Improvement in Small Construction) for construction workers in small construction sites, and WIND (Work Improvement for Neighbourhood Development) for farm workers and farmers have been applied actively and widely. . REFERENCE: http://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---safework/documents/policy/wcms_187746.pdf
Myanmar ▪ cooperation and collaboration among private and public sector. This includes, Factories and General Labour Laws Inspection Department (FGLLID) and other concerned agencies and stakeholders. ▪ includes information on OSH international cooperation, organization and services; occupational accidents and diseases reporting, classification and record keeping; OSH education and training; environmental improvement activities; emerging OSH activities and TO DO IN THE FUTURE ▪To establish Occupational Safety and Health Center ▪To train the officials of FGLLID to be able to provide advanced technical services for the improvement of working conditions especially in the field of safety and health in the industrial establishments REFERENCE: http://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---safework/documents/policy/wcms_242224.pdf
Lao PDR • Labour inspectors not only have specific roles to inspect factories. Most of these inspectors also have other responsibilities. They also work in management since there are not a sufficient number of officers. In the law on manufacturing, mention is made of the types of inspection. These are regular inspection, inspection with prior notice and emergency inspection. In reality, the inspection work under the Ministry of Industry and Handicraft has not yet been implemented well. The inspection job needs qualified personnel and has to be done in close cooperation with other Ministries such as Ministry of Construction (for inspecting the quality of buildings). REFERENCE: http://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---safework/documents/policy/wcms_187798.pdf
Vietnam ▪The Department of Labor checks and inspects to production and commercial enterprises. ▪ Hanoi Technical Safety Verifying Center, a series of training classes were organized to grant Occupational Health and Safety certificates to thousands of laborers ▪ Fire prevention drills REFERENCE: http://www.talkvietnam.com/2012/10/hanoi-successfully-implements-occupational-health-and-safety/
Conclusion Ensuring worker safety has been one of the ILO’s fundamental missions. Facts 2M PEOPLE die every year from work related accidents and diseases Economic Facts 4% annual GDP is lost due to work-related accidents and diseases; employers face costly early retirements, lost of skilled staff, absenteeism REFERENCE: http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/occupational-safety-and- health/lang--en/index.htm