Bad things or Misfortunes, which happen at the Workplace, are totally different from the Bad Things or Misfortunes, which happen outside the Workplace. Workplace situation is different from the situation which is in homes or on the roads. Labourers/Workers do their duties, as per the instructions, of their Employers or Companies Management. In other words, we can say that said Bad Things or Misfortunes, which happen in the Workplace, are caused because of the Industrial Processes, which are carried out in any Workplace or simply happen as a result of instructions of the said Employers or Company Management, which are given during said Industrial Processes. So there is a strong need to minimize the risks, which are likely to happen during said Processes.
For layman’s convenience, we can say that there should be a mechanism which should enable the Labourers/Workers and Employees/Owners of the Workplaces to work in a congenial, pleasant and suitable atmosphere. The mechanism which ensures such atmosphere is called “Occupational Health and Safety”.
Contents
1-Occupational Health and Safety
1.1. Introduction to Topic:
1.2. Definition of “Occupational Health and Safety”:
1.3. Its History:
1.4. Her Reference in ILO Conventions:
1.5. Laws on “Occupational Health and Safety” in Pakistan:
1.6. My Area of Research:
1.6.1. Brief Study of the Said Convention:
1.6.2. Brief Overview of the Said Act:
1.6.3. Comparative Analysis of “Mines Convention(1995)” and “Mines Act(1923)”:
1.6.4. Conditions of Labourers/Workers in the Mines, in Pakistan:
1.6.5. Recommendations:
1.7. Conclusion:
1-Occupational Health and Safety
1.1. Introduction to Topic:
Bad things or Misfortunes, which happen at the Workplace, are totally different from the Bad Things or Misfortunes, which happen outside the Workplace. Workplace situation is different from the situation which is in homes or on the roads. Labourers/Workers do their duties, as per the instructions, of their Employers or Companies Management. In other words, we can say that said Bad Things or Misfortunes, which happen in the Workplace, are caused because of the Industrial Processes, which are carried out in any Workplace or simply happen as a result of instructions of the said Employers or Company Management, which are given during said Industrial Processes. So there is a strong need to minimize the risks, which are likely to happen during said Processes.1
For layman’s convenience, we can say that there should be a mechanism which should enable the Labourers/Workers and Employees/Owners of the Workplaces to work in a congenial, pleasant and suitable atmosphere. The mechanism which ensures such atmosphere is called “Occupational Health and Safety”.
1.2. Definition of “Occupational Health and Safety”:
As per the definition of World Health Organization(WHO), this is defined as follows:
“occupational health deals with all aspects of health and safety in the workplace and has a strong focus on primary prevention of hazards.”2 It means that “Occupational Health and Safety” ensures the health and welfare of the Employees at the Workplace. Strong area of concern from this perspective is that there should be complete elimination of dangerous situations and risks, in the Workplace.
The definition of Health is described as below:
"a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity."3 This means that Employer/Owner of the Workplace has to ensure that the physical, mental and social status of His/Her Employees should be improved and it does not only include the latter’s “Health and Safety” rather it encompasses all aspects of welfare of the Employees i.e. mental, psychological and social welfare of the Employees should be under consideration before Employers/Owners of the said Workplaces.
From 1950 and onwards, ILO(International Labour Organization) and WHO(World Health Organization) has the same definition of “Occupational Health and Safety”. The same definition was accepted by joint ILO/WHO Committee on “Occupational Health and Safety”, in their first session(1950), which is mentioned as above, on “Occupational Health and Safety”. Both institutions collectively changed this said definition in their 12th session in 1995. The new definition is as follows:
"The main focus in occupational health is on three different objectives: (i) the maintenance and promotion of workers’ health and working capacity; (ii) the improvement of working environment and work to become conducive to safety
health and (iii) development of work organizations and working cultures in a direction which supports health and safety at work and in doing so also promotes a positive social climate and smooth operation and may enhance productivity of the undertakings. The concept of working culture is intended in this context to mean a reflection of the essential value systems adopted by the undertaking concerned. Such a culture is reflected in practice in the managerial systems, personnel policy, principles for participation, training policies and quality management of the undertaking."
— Joint ILO/WHO Committee on Occupational Health”4
In other words, “Occupational Health and Safety” ensures following aims.
1-To improve and enhance the Labourers/Worker’s health and theirs functional abilities and capabilities.
2-To make such working atmosphere which can ensure the “Health and Safety” of all the Labourers/Workers at any Workplace.
3-In doing all the above-mentioned initiatives, Employer/Owner of any Workplace and the Enterprise should create a good and congenial social atmosphere and should also improve the efficiency and production of the said Enterprise and Workplace.
The idea of having said working culture means that said Enterprise and Workplace should have maximum and efficient standards of ILO, regarding “Occupational Health and Safety”. Such a culture should be adopted at the highest level of the Enterprise, Workplace and in any Organization and in the recruitment of the Labourers/Workers, in the said places. Such said places should also ensure participation of Labourers/Workers in the matters of such said places. Such said places should give, suitable and adequate training, to their Labourers/Workers and also to ensure the, good and efficient, functional capacity of such said places.5
1.3. Its History:
Its history is very modern. It was not the story of the remote past. Labourers/Workers started theirs agitation in Industrial Revolution(This Revolution was started from 1760 and some Historians trace her origin from 1820 to 18246 ), and ultimately this was taken as major problem of the Labourers/Workers.
In the United Kingdom, her Factory Act of early-nineteenth century(from 1802 and to the later era) was drafted because of the deteriorated conditions of the Child Labourers, working in the Cotton Factories. Her Act of 1833 created the Department of Factory Inspectors7. The primary task of these Inspectors was to check the working hours of the Children and Adolescents, working in the Textile Factories. The major problem of the said peoples was that they were compelled to work for long period of time, which resulted in the bad health of the said peoples and this long period of work also led to the enormous rate of the accidents in the Textile Factories. But on the desire of the said Factory Inspectors, another Act of 1844 gave the same facilities to the Women, working in the same type of Factories. The said Act extended the jurisdiction of the said Factory Inspectors not only to the Textile Factories, but to all the industries in which Women and Children were working8.
In 1840, Royal Commission gave her Report that in how much terrible condition; Workers in the Mines are doing their jobs and also highlighted the increased number of accidents in the said area. This resulted in public indignation and ultimately Mines Act of 1842 was passed. This Act created Department of Mines Inspectors for the Mines. Because of this said Act, so many convictions were witnessed and “Healthy and Safety” conditions of the Labourers/Workers in the Mines were made better. In 1850, Mines Inspectors could visit, reached and checked any Mines, on their own will9.
In 1883, Otto von Bismarck introduced the Law of Social Insurance((This is such a Program in which if someone is ill, old or jobless, in these said conditions, adequate compensation is provided by the State(in which such said persons are living). This is also called Social Security10 )).He also enforced the Worker’s Compensation Act in 1844, the first such things in the modern world. Same things were done by other countries, as a result of Labourers’/Workers’ protest and agitation, against theirs bad conditions11 12.
1.4. Her Reference in ILO Conventions:
Following are the ILO Conventions on “Occupational Health and Safety”.
i-“Occupational Safety and Health Convention, 1981(No.155)”.
ii-“Protocol of 2002 to the Occupational Safety and Health Convention, 1981”.
iii-“Occupational Health Services Convention, 1985(No.161)”.
The above-mentioned Conventions are the major ILO Conventions on “Occupational Health and Safety”.
Besides this, there are some other ILO Conventions on “Occupational Health and Safety” but these are restricted to a particular segments e.g. ILO Conventions regarding “Occupational Health and Safety” on Hygiene(Clean and healthy conditions/atmosphere), on the Dock Works(Place where Ships are stationed), in the Construction Industries, in the Mines and in the Agriculture Sector.
There are certain ILO Conventions on “Occupational Health and Safety” to counter a certain problem e.g. to eradicate Radiations, Cancer, to control all Types of Pollutions, Asbestos(A substance which can cause Lung Cancer, if consumed by someone), to control all Chemicals and to control the Accidents in Industries.
Besides this, there are certain ILO Conventions on said subject, which she is considering to amend. These Conventions pertain to control a certain problem e.g. ILO Conventions to control White Lead in the Painting Industry, to deal with the Machinery which Generates on Electricity, against Maximum Weight and against the use of Benzene(A liquid compound, which easily catches fire). Besides this, there are many ILO Conventions on various other issues and problems. There are some ILO Conventions, which ensures the “Occupational Health and Safety” for specific segments of society e.g. Women.13
1.5. Laws on “Occupational Health and Safety” in Pakistan:
Following are the Laws on said issue in Pakistan, according to ILO website:
i-Factories Act, 1934(From Sections 13-33Q).
ii-Punjab Factory Rules, 1978(Most of the Rules deals with various aspects of “Occupational Health and Safety” e.g. to ensure the provision of fresh air, good sanitary conditions and protection against fire and other accidents etc. )14.
iii-Sindh Factories Rules, 1975.
iv-North West Frontier Province Rules, 1975.
v-West Pakistan Hazardous Occupational Rules, 1963(Rules 5, 6, 7, 8, 9, 10, 11 and 12. Its Schedule prescribes the professions which are of dangerous nature and on which said Rules are applicable )15.
vi-Mines Act, 1923(From Sections 17-22).
v-Provincial Employees Social Security(Occupational Diseases) Regulations, 1967(Rule 4. Its Schedule describes the diseases which someone may suffer, while He/She is performing His/Her duties in a certain field of Employment and He/She is entitled, not to be recruited in a certain departments of Employments )16.
vi-Workmen Compensation Act, 1923(Sections 3, 4, 8, 10, 10-A, 10-B, 11, 13, 14, 16, 17, 18, 19, 20, 21, 22-A, 23, 24, 25, 26, 28, 29, 30, 30-A. Its Schedule I describe the list of injuries for which Employer/Owner of any Workplace is bound to give compensation to theirs Labourers/Workers. Its Schedule II describes the list of Workers who are entitled for compensation from Employers/Owners of theirs Workplace. Its Schedule III describes the list of the persons who may develop certain diseases, while they are employed in a certain fields and they are entitled, not to be recruited in certain departments because of harmful nature and effects on them, if they are recruited in said departments. Its Schedule IV describes the compensation, if some Labourer/Worker is died or suffers any injury, while He/She was in the Employment )17.
vii-Dock Labourers Act, 1934(Section 5).
viii-The Employment of Children Act, 1991(Section 13).
ix-The Dock Workers(Regulations of Employment) Act, 1974(Section 3).
x-Constitution of The Islamic Republic of Pakistan, 1973(Article 3 and Article 37(e)).
1.6. My Area of Research:
I will make the comparative analysis of “C176-Safety and Health in Mines Convention, 1995(No.176)”/ILO Convention and “Mines Act, 1923” of Pakistan. I will analyse whether said act is compatible with the said Convention or not, as for as “Occupational Health and Safety” Standards and other Requirements of the said Convention are concerned? Furthermore, I will also examine whether the Workers in the Mines in Pakistan are enjoying the legal protections, which is ensured to them in the said Convention and Act or not?18
1.6.1. Brief Study of the Said Convention:
*The said Convention was given codified form in 82nd Meeting of ILC(International Labour Conference), held in Geneva on 22nd June 1995. This Convention had legal and practical effect from 5 June 1998.
*Preamble of this Convention stresses on the fact that Labourers/Workers of the Mines have the right that they should be given awareness, regarding all the issues, which they are suffering in the Mines. Theirs opinion should be sought for the enforcement of “Occupational Health and Safety” Standards in the Mines. It was also asked from the Member States and the Employers/Owners of the Mines to minimize the accidents, dangers and the precarious situations, which Labourers/Workers/General Public is suffering in the Mines(which we also see in the Mines, whenever we visit the Mines). Keeping in view the said pre-conditions of the Preamble, it was decided that some Standards, regarding “Occupational Health and Safety” should be proposed for the Mines. So the said Convention was drafted.
*Initially, these Standards were having the shape of Advices/Proposals/Considerations and later on, they all were given the shape of said Convention.
*According to Article 1, Mines are every place from which any process regarding Minerals takes place e.g. the acquisition of them, the refinement of them and all other related Processes. It also includes all the machinery, instruments, buildings and all the related things, with the help of which said Processes are carried out. Oil and Gas Wells are not included in this definition. According to the said Article, Employer/Owner of the Mine is every person who is having at least one Labourer/Worker in the Mine. Employer/Owner also includes the Contractor and Sub-contractor.
*According to Article 2, said Convention is applicable on all the Mines. Any Member State or Her subordinate authority, after seeking the advice of the respective elected bodies of the Employers/Owners and Labourers/Workers of any Mine, can seek the immunity from application of this Convention on any type of Mine, where “Occupational Health and Safety” Standards in the said Mine is efficient and excellent, as per Her domestic Laws.
*Article 3 and 4 calls on all the Member States that she after seeking the advice of the elected bodies of Labourers/Workers and Employers/Owners of the Mines, will formulate appropriate Legislation for the practical enforcement of this Convention and this enforcement should be ensured by appropriate authority of the Member State.
*Article 5 describes the format of such domestic Legislation on “Occupational Health and Safety “Standards e.g. (i) Mines should be checked/examined by Inspectors. (ii) Mines should have proper system of recording and probing of all the serious and any untoward situations, which happens in any Mine. (iii) Deaths which cause in consequence of said situations, occupational diseases or any disastrous/dangerous situation, keeping records of such said deaths. (iv) If there is any loophole regarding “Occupational Health and Safety” Standards in any Mine, operations on said Mines should be made cancelled by the appropriate authority of the Member State.
This Article calls on the Member States that they should ensure frequent consultations on “Occupational Health and Safety” Standards, between the elected bodies of the Labourers/Workers and Employers/Owners of the Mines. This Article also calls on the Member States that they should ensure that any process regarding explosive/violent substances should be conducted by experienced and expert persons. This Article also calls on the Member States that they should ensure that Labourers/Workers in the Mines should have adequate medical facilities. If any Mine is very deep, then there should be proper breathing system in such deep Mines. Member States are bound to properly destruct the hazardous substances and waste materials, which are produced in the Mines. This Article also calls on the Member States that they will ensure good and healthy conditions in the Mines. Member States should also ensure that all the adequate facilities, regarding the washing, changing of clothes and eating of food will be provided by them and all such facilities will be provided in clean atmosphere. This Article also calls on the Member States that they will ensure the compliance of the said Convention from the Employers/Owners of the Mines, especially when work is going to start at the Mine. Before such work, Member States will ensure that Employers/Owners of the Mines should have prior plans and schemes, before starting such work. Such plans/schemes and any other related information, in written form, should be available at the Mines. This compliance by the Employers/Owners of the Mines will be ensured by the appropriate agency of the Member State.
In nutshell, Article 5 describes the various Standards of “Occupational Health and Safety” which should be included in any Law of the Member State.
*According to Article 6, Employer/Owner of the Mine is bound to reduce all the accidents and bad situations at Mines by following ways. (i) Construction of efficient working system. (ii) Provision of all necessary equipment’s to combat such said accidents and bad situations and (iii) Employer/Owner of the Mine should take all other necessary steps to reduce all the said accidents and bad situations, which may happen at the Mines.
*According to Article 7, Employer/Owner of the Mine is bound to observe all the Standards regarding “Occupational Health and Safety” e.g. (i) Employer/Owner of the Mine should make the Mines in such a way that Mines should present congenial and pleasant Working Culture, for all His/Her Labourers/Workers. He/She should provide all necessary equipment’s for the said purposes. (ii) In deep Mines, there should be provision of, at least two Escape-ways, for all the Labourers/Workers in the time of emergency and all bad situations. Such Escape-ways should have a direct link to the upper surface of the Mines. (iii) Employer/Owner of the Mine should conduct regular visits of Mines to ensure the compliance of all Standards of “Occupational Health and Safety”. (iv) Employer/Owner of the Mines should develop a proper and efficient system of inhalation and exhalation of clean air in the deep Mines. (v) If there is any loophole regarding the “Occupational Health and Safety” Standard at the Mines, the Employer/Owner of the Mines should device such a system to reduce this loophole and He/She should ensure the security of His/Her Labourers/Workers. (vi) Employers/Owners of the Mines should have Fire-Extinguishers at the Mines and (vii) If there is any serious loophole regarding “Occupational Health and Safety” Standards at Mines, Operations should be stopped at the Mines by Employers/Owners of the Mines and the former should shift all the Labourers/Workers at the safe destination.
In nutshell, Article 7 makes it obligatory for the Employer/Owner of the Mines to observe all the Standards regarding “Occupational Health and Safety” at the Mines.
*Article 8 calls upon the Employers/Owners of the Mines to have a plan/scheme, in the time of natural catastrophes in the Mines.
*Article 9 calls upon the Employer/Owner of the Mines that if there is any disastrous/dangerous situation which produces in Mines because of any chemicals, noise, electricity, radiations, bacteria’s, viruses, insects, animals and plants, then He/She should inform His/Her Labourers/Workers regarding such disastrous/dangerous things and the ways to combat such said disastrous/dangerous things. Employer/Owner of the Mines should take all steps to reduce the possibility of existence of such said disastrous/dangerous things. If there is any such bad situation in the Mines, because of which there is apprehension that the Labourers/Workers of the Mines may be severely affected, then Employer/Owner of the Mines should provide, free-of-cost, necessary instruments, wearing apparels and all other facilities in such said bad situations.
[...]
1 Also see p.42, JOURNAL ARTICLE , “Occupational Safety and Health“, by Monroe Berkowitz. For further information see, The Annals of the American Academy of Political and Social Science, Vol. 443, Risks and Its Treatment: Changing Societal Consequences (May, 1979), pp. 41-53(13 pages) , Published by: Sage Publications Inc., in association with the American Academy of Political and Social Science .
2 Also see "WPRO | Occupational health" , www.wpro.who.int , Retrieved 2015-10-30 .
*Also see occupational safety and health, at Wikipedia, on Google, accessed on 7-11-2018.
3 Also see occupational safety and health, at Wikipedia, on Google, accessed on 7-11-2018.
*Also see "WHO Definition of Health" , World Health Organization, World Health Organization, Archived from the original on 2016-07-07.
4 Also see occupational safety and health, at Wikipedia, on Google, accessed on 7-11-2018.
*Also see "Occupational Health Services and Practice" , Ilo.org, Retrieved 2013-02-15.
5 Also see occupational safety and health, at Wikipedia, on Google, accessed on 12-11-2018.
6 Also see industrial revolution, at Wikipedia, on Google, accessed on 12-11-2018.
7 Also see occupational safety and health, at Wikipedia, on Google, accessed on 12-11-2018.
*Also seeHutchins, B. L.; Harrison, A(1911), A history of factory legislation by; Published 1911 (2nd ed.), Westminster: P S King & Son, Retrieved 30 June 2015.
8 Also see occupational safety and health, at Wikipedia, on Google, accessed on 12-11-2018.
*Also seeHutchins, B. L.; Harrison, A(1911), A history of factory legislation by; Published 1911 (2nd ed.), Westminster, P S King & Son, Retrieved 30 June 2015.
9 Also see occupational safety and health, at Wikipedia, on Google, accessed on 12-11-2018.
*Also see Edmonds, O. P., Edmonds, E. L.(1963-07-01), "An Account of the Founding of H.M. Inspectorate of Mines and the Work of the First Inspector Hugh Seymour Tremenheere", British Journal of Industrial Medicine,20(3), 210–217, doi, 10.1136/oem.20.3.210, ISSN 0007-1072, PMC 1039202, PMID 14046158.
10 Also see social security, on Britannica.com, on Google, accessed on 12-11-2018.
11 Also see occupational safety and health, at Wikipedia, on Google, accessed on 12-11-2018.
*Also seeAbrams, Herbert K.(2001), "A Short History of Occupational Health" (PDF), Journal of Public Health Policy, 22(1),34–80, doi, 10.2307/3343553, PMID 11382089 , Retrieved 9 August 2012.
12 Also see international labour standards on occupational safety and health, on international labour organization website, on Google, accessed on 12-11-2018.
13 Also see p.58, GSP+ and core labour standards: Pakistan case.
*Also see p.15, country profile on occupational safety and health for Pakistan, on International Labour Organization website, on Google, accessed on 13-11-2018.
14 Also see Punjab factory rules 1978, on Google, accessed on 13-11-2018.
15 Also see West Pakistan hazardous occupation(lead) rules 1963, on Google, accessed on 13-11-2018.
16 Also see provincial employees social security(occupational diseases) regulations 1967, on Google, accessed on 13-11-2018.
17 Also see workmen compensation act 1923, on Google, accessed on 13-11-2018.
18 Also see C176 - Safety and Health in Mines Convention, 1995 (No. 176), on International Labour Organization website, on Google, accessed on 14-11-2018.
- Quote paper
- Sakhi Sultan (Author), 2018, Occupational health and safety, Munich, GRIN Verlag, https://www.grin.com/document/455140
-
Upload your own papers! Earn money and win an iPhone X. -
Upload your own papers! Earn money and win an iPhone X. -
Upload your own papers! Earn money and win an iPhone X. -
Upload your own papers! Earn money and win an iPhone X. -
Upload your own papers! Earn money and win an iPhone X. -
Upload your own papers! Earn money and win an iPhone X. -
Upload your own papers! Earn money and win an iPhone X. -
Upload your own papers! Earn money and win an iPhone X. -
Upload your own papers! Earn money and win an iPhone X.