UNIVERSITY OF LUSAKA

HRM 320 – MANAGING OCCUPATIONAL SAFETY AND HEALTH

MODULE ONE

COURSE MATERIAL –Compiled IN 2011

COURSE SYLLABUS

1

Course Title: HUMAN RESOURCE MANAGEMENT 320 -

MANAGING OCCUPATIONAL SAFETY AND

HEALTH

Required Text:

1.2.1 Chapter 441 of the Laws of Zambia

1.2.2 Ridley, John and Channing John, 2003.Safety at Work.

6th edition. Butterworth-Heinemann. Great Britain.

ISBN 0 7506 5493 7

1.2.3 Stranks, Jeremy, 2006. The Managers Guide to

Occupational Safety and Health. 8th edition. Creative Print

and Design (Wales). Great Britain.

ISBN 0 7494 4495 9

1.2.4

1.2.5

1.2.6

1.3.0 Lecturer Details:

1.3.1 Name: Patricia S. Chilaisha

1.3.2 Availability: Anytime between 08:00 hours and 17:00

hours

1.3.3 Biography: MSc Health Informatics

PGDip Managing OSH in the workplace

2

3

1.4 Course Overview

This course examines the law that regulates the safety and health of employees in

workplaces and the principles of occupational safety and health. Students are

therefore expected to appreciate the principles and their application in the legal

framework on the Zambian Labour laws. To achieve this, this course outlines the

concept of the factories Act, Chapter 441 of the Laws of Zambia. The objective(s )of

the Act, are the interpretations, exception and the application of the factories Act. In

this context, the approach to develop this course material is both practical and

theoretical based.

1.5 Prerequisite (s): None

1.6 Credits:

1.7 Course Objectives: To help Achieve the following;

1.7.1 To ensure participants have the information they need on functions of labour

protection: the relevant legal provisions and how violations can be dealt with

in the best manner

1.7.2 To promote good labour practices, improved conditions of work, a safe and

healthy working environment and adequate welfare facilities

1.7.3 Knowledge on the Rights of both the Employers and Employees as regards

safety;

1.7.4 Usage of the factories Act as a management tool which regulates

occupational , health and safety issues;

1.8 Course Policies;

1.8.1 Attendance, Punctuality and Participation

4

Each student is expected to attend at least 70% of all lectures. All students

should be punctual for lectures, place high value on reading, and understand

modules and all assignments. The student should ask questions where

necessary either in class, phone or via e-mail.

1.8.2 Instructional Approach

The lectures will be presented to students in a interactive manner so that

students have an opportunity to participate. It is encouraged that students

form study groups and develop the habit of discussing what lessons in these

groups.

1.8.3 Course Assignment

All assignments should be completed by the due date and students familiarity

with the material should be indicated by active participation in class

discussions. Assignments may be given depending on the aptitude and ability

of the class members.

1.8.4 Self Evaluation Questions

Students are expected to answer all self evaluation questions.

1.9 Major Assignments

This module has two (02) major assignments and students are encouraged to

research widely and read all relevant books and pieces of labour legislations.

It is advisable for students to quote and cite the text books used when writing

their assignments.

5

1.10 Individual Assignments

1.10.1 Group Projects:

Assignments will be handed out during the course.

1.11 Course Requirements

At least 50% overall score.

1.12 Grading

Grading is based on total points received by the students through out the

course. The total possible points are indicated in the Lesson Plan.

Category Grading Scale GPA

A 80% and above 4

B 70 - 79% 3

C 60 – 69% 2

D 50 – 59% 1

F 49% and below 0

1.13 Lesson Plan

Session Session Dates Title Remarks Possible

Points

Assignments. Individual Assignments

6

Assignment One

500 words. ( 100 Marks)

Assignment Two

500 Words. (100 Marks)

1. COURSE MODULE 1

SESSION 1; LABOUR LAWS

Required Reading: Cap 441 of the Laws of Zambia

Learning Objectives: After completing this session, students will be able to:

outline principles of occupational safety and health

understand risk assessment

Define the factories Act, Cap 441

Appreciate the Concept of the Factories Act as it applies to the Labour Market

and Interpret the Provisions of the Act

7

STUDY UNIT ONE

LEARNING OBJECTIVESAfter having worked through this study unit, students are expected to:

Appreciate the origins of labour administration

1.0 LABOUR ADMINISTRATION1.1 Introduction

Labour administration in its modern sense dates back to 19 th century – the century which marked the beginning of industrialisation in Europe and which gave rise to a host of social economic problems. The 19 th century also saw the birth of trade unionism and confrontation between capital and labour which highlighted the need for something to be done to tackle the issues stemming from this confrontation.

The free play of economic forces placed workers in a powerless and hopeless situation and resulted in workers living and working in appalling conditions. Governments came to realise that social and economic policies had to be formulated and implemented to alleviate this situation. Increasingly, it was realised that new machinery and new institutions were required to develop and implement these policies. This led, haphazardly, and rudimentarily at first, to the setting up of labour inspection services, employment offices and conciliation and arbitration facilities.

Most important of all government began to take concrete steps to give workers a chance to participate in the preparation and enforcement of labour legislation. These developments, particularly those relating to inspection services, showed that laissez-faire was waning and that the naked power of the market had created social and economic problems that were not only of concern to individuals and their families but also to the nation as a whole. Increasingly, it became accepted that the state had a collective responsibility to regulate free market forces as part of the overall process of social and economic development.

By the end of the first world war, state intervention in matters of labour had become a fact of life. The new laws dealing with labour matters required a more formalised and integrated approach to intervention and enforcement, and departments of labour were the creations to provide this integration and greater formalisation. In summary, the development of labour administration as we know it today has passed through a number of significant phases:

1. Late 19th Century we might describe as a stage of Realisation. This stage was marked by an increase in awareness by governments of the need to improve conditions for workers and to provide services through legislative intervention.

8

2. Early 20th Century could be described as a stage of Consolidation. It saw responsibility for framing, application and enforcement of labour laws being consolidated in labour offices/units attached to ministries (usually a ministry dealing with economic affairs).

3. Immediate Post World War I might be seen as a stage of acceptance. It saw national recognition of the importance of labour matters by the creation of ministries of labour in their own right, concerned exclusively, with providing services related to labour and social matters.

4. 1920s can be regarded as a stage of Internationalism. This post war period was significant in development of labour administration because it brought about an internationalism to labour matters. The development of national codes was soon followed by the creation of international codes; there was a conviction that some form of international cooperation in the establishment of principles and standards, supported by national systems of inspection, was essential if the poor were to be relieved of their hardships.

It was this type of thinking which saw the creation of the International labour Organisation (ILO) in 1919, and which marked the beginning of the fourth and most significant stage in the development of labour administration throughout the world. The ILO:

Acknowledged workers and employers as equal social partners with governments in questions dealing with labour

Conferred unprecedented status on national departments of labour and

Set the scene for labour administration moving from a protective to a developmental approach to labour matters and for labour administration to become the guardian of social justice.

1.2 Labour administration – protectionist or developmentalThe traditional view of labour administration concentrated on a relatively limited and largely protectionist role stressing such things as:

Protection of wages to ensure that people were paid in cash not in kind and were paid on time

Protection in the form of minimum hours of work and leave entitlements Protection through systems of inspections to ensure adherence to miniu

terms and conditions of employment and safety at the workplace Compensation of work injusries and occuapational diseases

The protectionist role was often supplemented by responsibility for placement of workers through employment exchanges and dealing with labour relations problems, but the emphasis was on the protection f workers’ interests and the enforcement of procedures to ensure those interests were maintained. It was sometimes argued that “labour administrators are mere policemen” or in extreme

9

cases, “you don’t really really need labour administrators at all – policemen can enforce the law”.

But things have changed. The awakening of social conscience throughout the world, the increased emphasis on human resources in the development process, technological advancements and the complexities of economic and social development planning processes at national level, are just some of the factors that have moved us far beyond the narrow protectionist-enforcement role of labour administration.

The broader perspective of labour administration is appropriately described as developmental and requires us adopt a systems view of labour administration as provided in Convention No. 150. Thus the emphasis on social objectives has involved many countries in a shift away from regulatory and supervisory aspects of labour administration to active purposeful and developmental administration. Labour administration is now required to become a driving force behind positive social change.

The emphasis on developmental planning at national, regional and local levels in both developed and developing countries, has given labour administration a further boost in the public administration systems of those countries. Development planning must involve the organisation and development of human resources which is one of the responsibilities of the labour administration system in most of the countries around the world.

Under a systems and developmental approach to labour administration it is apparent that it includes a very wide range of functional responsibilities. Under the heading of “public administration activities in the field of national labour policy” the following could be included:

Inspection to ensure conformity to the terms and conditions of employment (labour administration)

Inspection to ensure the working environment is safe (factory and medical inspection)

Prevention and settlement of industrial disputes (industrial relations) Facilitating employment through the operation of employment exchanges

(employment promotion) Providing information on labour market conditions (labour market

information) Administering apprenticeship and similar systems (vocational training) Compensating for work accidents and work related sicknesses (social

security) Operating pension and social security schemes (social security) Planning and implementing human resource development programmes

(education and training) Transferring labour to areas and occupations offering labour prospects

(Labour mobility, labour migration, training)

10

Promoting new employment opportunities through small-scale industry, rural crafts, small-holder farming (employment creation, rural development)

Contributing to the formulation of social and economic development plans (development planning)

Promoting self-emloyment opportunities and protecting own-account operators(employment promotion, labour inspection, occupational safety and health)

Assist home-workers operating as subcontractors (labour inspections, employment creation)

Gathering information and undertaking studies related to labour policy issues (research, information services)

Providing specialist training opportunities for labour administration officials (training, staff development)

Exercise 1: refer to assignment schedule

SELF-EVALUATION QUESTION:

Q1. Give an account of the significant phases in the development of labour administration as we know it today.

11

STUDY UNIT

LEARNING OBJECTIVESAfter having worked through this study unit, students are expected to:

Appreciate the principles of labour administration Be knowledgeable on the framework of labour inspection

2. PRINCIPLES OF LABOUR INSPECTION2.1 The Mission of Labour Inspection

The primary mission of any system of labour inspection is to ensure compliance with labour law, that is the set of national regulations and standards designed to protect all workers while at work, and in modern systems also the self-employed and the general public, from any negative effects of work in progress. How best to ensure full compliance with the law is a matter of much discussion, and the more high-performance labour inspection systems the world over have developed different approaches, usually in the form of comprehensive, coherent and consistent national enforcement policies, on how to achieve this mission.

After many years of experimentation, of trial and sometimes tragic error, all high-performance systems have also developed significant common features or principles, the two most important of which are prevention and integration. It is generally accepted that the best way of ensuring compliance is to prevent violations of labour protection regulations from occurring in the first place; and it is today widely accepted that the most effective and efficient way of organizing a prevention-focused labour inspection system is through an integrated inspection service.

Prevention means, first of all, a determined effort to reduce accidents and work-related diseases. But prevention in the context of modern labour inspection is more than merely avoiding hazards and incidents. The principles and methods of modern prevention strategies can be applied to all functional areas of labour inspection enforcement responsibilities: occupational safety and health; industrial relations; general conditions of work; illegal employment; unfair labour practices; complaints and disputes settlement; accident investigations; conflicts, etc.

Integration implies that all the above issues of labour inspections, insofar as they fall within the responsibility of the Labour Inspection Services, will be addressed in an enterprise on the occasion of a regular or routine inspection visit. This means that one inspector, suitably qualified and competent, will deal with all basic, non-complex labour protection and relations matters on such a visit. This approach is called a “one-stop-service”. It presupposes that the majority of inspectors are well trained “generalists”, that is officers who know something about everything, and

12

that they are backed by a small number of “specialists”, that is experts who know everything about something, and who intervene, usually at the request of their generalist colleagues, in the more complex situations requiring their particular expertise.

Specialist expertise should be concentrated in those districts or regional offices where it is most needed, i.e., according t the structure and distribution of trades and industry sectors; and specialists, even if they are stationed in a given district, will have both a regional and a national competence to intervene.

2.2 Sources of Labour Inspection AuthorityThe authority of any Labour Inspection System derives from the national legal frame that reflects the provisions of the ILO Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129). Convention No. 81, the basic international instrument on labour inspection targets the enforcement of laws relating to conditions of work and the protection of workers in industrial and commercial workplaces. Convention No. 129 applies to agricultural undertakings with salaried employees or apprentices, and, subject to declaration by the ratifying member of state, to tenants, sharecroppers, members of cooperatives or even family of the operator, thus in effect to what is known as the rural “informal sector”.

These standards provide an indispensible and universal framework for the status and functioning of labour inspection. As such they are a source of strength and authority within any country – for the inspection service, the inspectors and the client system they are to serve – and are a valuable tool in the context of equitable socio-economic development. Convention No. 81 has been ratified by over 130 ILO member states. It was designated some years ago by the ILO Governing Body to rank among the ten most important Conventions of the Organisation.

Article 3(a) of the convention lists the primary functions of any system of labour inspection as follows: “to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, such as provisions related to hours, wages, safety, health and welfare, the employment of children and young persons, and other concerned matters, in so far as such provisions are enforceable by labour inspectors”. Once an ILO Member State has ratified this Convention, which most countries have done, it is obliged to implement it fully in national law and practice.

The ILO regularly monitors the application of Conventions. Member states must submit reports on the action they have taken to carry out their provisions. The ILO “Committee of Experts on the Application of

13

Conventions and Recommendations” reviews these reports, together with information on the country’s legislation, and in particular, also any comments by employers’ and workers’ organisations (who have the constitutional right to communicate directly wit the Organisation). The Committee may then take a series of progressively forceful actions to ensure the Conventions’ full application in the national law and practice. If a country persists in not observing any or all provisions of a Convention it has ratified, the contyr’s employers, workers or even another government can have the matter re-examined. In severe cases of non-compliance, a country can face suspension from the ILO, and possibly form the wider international community. Such procedures, and the involvement of employers and workers along with governments in the supervisory system, give ILO standards a unique strength and authority.

However, the barriers to effective compliance with international standards can be many, including political, legal, economic, structural and cultural, and they can appear at any level – from national to local. It is helpful to frankly address these constraints and take them into account when building an improved labour inspection system.

2.3 Basic Principles of Inspection

a. Functions of Labour InspectorsLabour inspectors are part of the government administrative system, and their essential purpose is to ensure compliance with all labour protection standards, as well as develop labour relations in an orderly and constructive way.

Labour Inspectors: Enforce the labour laws, related regulations, and applicable

national standards; Advise employers and workers on how best to comply with the legal

framework; Report to superiors on problems and defects not covered by

regulations; and may if national law so provides, also enforce or monitor

collective agreements.

In many countries, inspectors perform additional functions, including: promoting harmonious relations and social dialogue between

employers and workers; investigating complaints, and conciliating in disputes between

employers and workers; and dealing with certain social insurance matters, in particular relating

to workers’ compensation.

14

b. Ensuring compliance with labour lawInspectors must enforce laws concerning:

Terms and conditions of employment, including wages, hours, leave and overtime payment;

Workplace safety, health and hygiene; The employment of children, young persons, and women; and anti-discrimination legislation.

The scope of their enforcement powers may differ according to national circumstances. Certain categories of workers are sometimes excluded from the scope of the law, such as: domestic workers, farm workers, migrants, casual workers, seasonal workers, the self-employed, etc. These so called “vulnerable groups” are very often more in need of labour prorection than workers in regular establishments with regular employment contracts. Efforts should therefore be made to extend labour inspection services to all workplaces and all workers and employers.

c. Informing and advising on the lawInspectors’ duties of information and advice to employers and workers include:

explaining what the law says; indicating whether legal requirements in an establishment are met

or not; and explaining what needs to be done to comply fully with the law.

In giving advice and information inspectors concentrate on what is required to be done according the regulations and standards in force, rather than how to do it technically. Inna dvising on how to comply with the law, inspectors have to take decisions to the best of their judgement.Example: a) How much time should the inspector allow the employer to make back payments where wages have been underpaid? b) How much time should the inspector allow the employer to install an exhaust system to eliminate serious dust exposure problem?

d. Problems not covered by the lawIn the course of their duties inspectors may come across problems not covered by existing laws and regulations and which create obvious social injustice. These should be identified, described and explained, and reported to senior labour inspection staff at headquarters. Problems encountered but not covered by the law would normally be included in the inspection visit report. Reported defects can be used as a basis for amending the law. Inspectors have an important, ongoing role in improving social and labour protection standards.e. Obligations of inspectorsGiving powers to inspectors does not mean they can do whatever they can do whatever they wish. Their powers must be moderated by a set of binding obligations. Inspectors must:

15

notify employers of their presence when on inspection visits. (this does not mean that inspectors must give advance notice of all visits);

show their labour inspection identity badge or card to employers; undertake not to reveal any secret processes and information which

may harm employers’ competitive position or other business interests;

keep confidential the source of any complaints against employers, and neither directly nor indirectly reveal the identity of the complainant;

submit individual inspection reports, and periodic activity reports to superiors;

be independent, impartial, and unbiased, whilst showing authority; have no direct or indirect interest in the enterprises under their

supervision; and refrain from any unethical or corrupt behaviour

2.4 Policy IssuesLabour inspectorates must consider and constantly develop a range of policy issues. These include:

industrial relations and employment issues occupational safety, hygiene, health and welfare issues new approaches to inspection productivity of the labour inspectorate technological developments vulnerable or marginal groups involvement of NGOs

(Toolkit for labour inspectors: pg 28-38)

SELF-EVALUATION QUESTIONS:

Q1. Discuss the mission of labour inspections.Q2. Outline the basic principles of inspections.

STUDY UNIT

16

LEARNING OBJECTIVESAfter having worked through this study unit, students are expected to:

Understand the basic principles of inspection

3. PRACTICE OF LABOUR INSPECTIONS3.1 Enforcement

Laws to protect workers’ conditions of employment and working environment are meaningless if the legal provisions are not respected and enforced. There can be no good labour legislation without good labour inspection.

Labour law enforcement, that is ensuring compliance with rules and regulations, is the primary responsibility of labour inspectors. However, they frequently lack the resources to perform their duties to an acceptable standard. But despite a lack of resources of all kinds, inspectorates and individual inspectors can improve their performance by making better use of existing resources. This requires that inspection work is carefully planned to ensure that enterprises “at risk” receive priority attention, and those where non-compliance is rare are given lower priority.

In addition to this careful planning of inspection work, particularly the arrangements for unannounced routine inspection visits, the conduct of each inspection visit is very important.

Proper preparation is required for each visit The visit should follow a set standard procedure Follow-up activities should be provided for, particularly submission

of inspection reports and check-ups.

A properly conducted inspection visit can have impact beyond the immediate concern of law enforcement and compliance. Inspectors play a frontline role in the work of Ministry of labour. Through general observation and questioning they can identify problem areas which might lead to industrial conflicts and disputes, as well as potential hazards which might cause workplace accidents. Thus well-executed inspection visits can play an important preventive role in the wider area of labour-management relations.

Routine inspection can also encourage workers and their organisations, and management to take greater responsibility for matters that were traditionally handled by labour inspectors. The more inspectors can rely on workers and management to take responsibility fro their rights and obligations under the law, the more time they can devote to enterprises where this type of responsibility is lacking.

17

Inspectors must make every effort to involve union representatives and senior management representatives in each inspection visit.

There is an increasing trend to set quantitative standards for inspectors, often in the form of a set number of inspection visits to be completed each month. This is to be encouraged, to improve the inspectorate’s productivity, but care should be taken not to increase the number of inspections at the expense of quality.

3.2 Planning Inspectionsa. the importance of planning

Labour inspectorates work should be properly planned if policy objectives and obligations under the labour laws are to be met. Policy directives, to be effective, have to be translated into action plans. Law enforcement should be systematically planned if the best use is to be made of the scarce resources available to inspectorates.

Planning should not be seen as something that might be done if time allows. Planning is of fundamental importance if inspectorates are to improve their overall performance.

a. What is planning?Planning means preparing for the future. It involves preparing for action at some given point in time the next day, next week, next month, next year. Planning is the opposite if chaos and crisis. It attempts to transform chaos into order and reduce uncertainty to a more manageable level. Planning requires considering priorities. Planning is a tool to transform the possible into reality. Resources are scarce – through good planning it is possible to establish priorities for their most effective use. What is important is that everyone has to plan: senior management at headquarters, heads of field offices, individual inspectors. Of course, this process has to be well coordinated.

b. The planning processPlanning involves:

Taking stock of the existing situation Establishing a broad vision of the future Setting objectives for achieving that vision Fixing targets reflecting the results to be achieved Setting standards indicating the quality of outputs to be achieved Relating objectives and targets to a definite time-frame Comparing expected costs and benefits before implementing the

plan Considering monitoring arrangements when implementing the plan

18

Considering the evaluation arrangements required at the end of each plan period

Planning requires action strategies to ensure that objectives, targets, and standards are achieved. When making plans it is crucial that all concerned are clear about their responsibilities, the performance standards to be met, the target indicators, and the time frame.

c. Action planningAction planning involves deciding who will do what and when. It is likely to be of most concern to labour inspection headquarters staff (for national and sectoral plans), and to field office managers or their deputies (district or local plans).

Before inspectorates prepare detailed action plans, the following questions must be addressed:

What is the leagal definition of an enterprise? How many enterprises are liable to inspection under that definition? Is it necessary to inspect all enterprises legally liable to inspection

visits? Should a distinction be made between large and small enterprises

(SMEs)? Which sectors should be given priority?

Once these issues have been determined, it is possible to develop a detailed work programme for each inspectorate (national, district and local levels) and each individual inspector.

Example:Objective: to inspect all joint-venture enterprises, twice during

the next year (totalling 1250)Inspectors: 50Number of visits required: 1250 x 2 times a year or about five per month

If inspectors work in teams (of two) each team will conduct 100 visits a year, and each labour inspector will undertake approximately ten visits a month (for ten moths usually available).

3.3 Preparing for the Inspection visita. collecting background information

Once inspection priorities have been established, action plans formulated, and detailed work programmes agreed, it is possible to prepare to conduct the inspection visit itself. Inspectors must check files and records on the enterprise to be inspected concerning:

Location of the enterprise and the name of the contact person

19

Total number of workers, number of women workers, young workers, apprentices, and foreign workers, skills levels, etc

Nature of work process and its final products and services Raw materials and equipment used, particularly if chemicals are

involved Previous violations of the law and the action taken. Employers general attitude to the inspectorate (hostile, indifferente,

cooperative) Work accidents and diseases over the last five years and in

particular fatalities Complaint letters from workers against management and the action

taken to address complaints Existence of a trade union in the enterprise, and whether there is a

collective agreement between the union and management

b. Types of inspection visitThe background information to be collected for each inspection visit will depend on the type of inspection. There are normally there types of inspection visits:

Routine visit Follow-up visit Special visit

Routine (or regular or standard) inspection visits are concerned with checking compliance with the law and advising enterprises on how to comply legal provisions. Such visits usually cover the full range of matters covered by the mandate of the inspectorate.

Example: As the inspectorate is responsible for safety and health and the working environment, the vist will include checking of machinery safety, materials handling, chemicals and hazardous substances, electrical installations and wiring, scaffolding on construction sites, safety of ladders, equipment operation, fire safety and general housekeeping.

Most routine visits will not require follow-up by a return visist of an inspector. But some will, particularly where the inspector has given a deadline for rectifying problems or shortcomings, or issued a warning letter, an improvement notice, or stop order.

Follow-up visits are undertaken to determine the extent to which the enterprise has responded to the outcome of an earlier routine visist. Inspectors have a dgree of discretionary power, not for the content of the law they are required to enforce, but for the time given to enterprises to address the shortcomings.

20

Special visits may be in response to, or investigation of a specific complaint froma worker in an enterprise. They may concern a particular problem relating to the inspectrate’s priorities (fire safety, illegal employment, asbestos, ete), or may involve investigating a particular problem, for example a serious work accident. Such visits relate to a specific issue and to collecting information to assist in decision making on that issue.

c. Preparing materialsThe inspector should put together the materials and items required for conducting the inspection efficiently. These include:

The inspection service instructions or similar documents setting out inspection procedures

The labour laws and related regulations An official identification card verifying the inspectors credentials A copy of any collective agreement (sector or enterprise) between

management and the relevant trade union The prescribed inspection forms Inspection checklists to assist in dealing with certain issues such as

basic OSH, and for collecting information If possible the factory floor plan(especially for very large

enterprises) Ant available promotional material for awareness raising and

educational purposes

Information is an important resource, just as staff, vehicles, and finance are resources. Without a proper records management system inspectors will be wasting valuable time in collecting information from various sources and locations, and in subsequently processing it.

d. Confirming the visitIt is necessary to decide whether a visit will be announced, thus by appointment, or unannounced, thus by surprise. Should a routine visit be announced or unannounced? The decision should be based on the type of intervention most likely to improve workplace protection.

The main advantages of an announced visit are that it gives the enterprise time to:

Get together relevant information Alert managers and workers to the timing of the visit Arrange meetings to facilitate the inspectors visist.

It also gives greater assurance that senior management will be present. In the final analysis they have the responsibility for compliance; they have to “get it right” on a sustainable basis, even when the inspector is not there.

21

The main disadvantages of an announced visit are that it provides the enterprise with an opportunity for:

window dressing e.g borrowing safety equipment like fire extinguishers from other enterprises

senior management to be deliberately absent documents to be missing

The unannounced visit enables the inspector to observe actual and true conditions in the enterprise.

e. MobilityAs part of the preparation for an inspection visit it is necessary to ensure that transport is available at the required time. It is preferable for the inspectorate to have its own transport, but this is not always the case.

Sometimes the inspector contacts the enterprise to provide transport from the office to the workplace. This practice is to be avoided as it gives the impression that the inspector relies on the employer and the inspectors impartiality might be seen to be compromised, particularly by workers in the enterprise concerned.

3.4 Conducting the InspectionThe inspection visit involves three main phases:

Preliminary contacts and formalities The shop-floor inspection itself A closing meeting with management

(Toolkit for labour inspectors pg 46-54)

SELF-EVALUATION QUESTION:

Q1. Outline how an inspector would ideally prepare for an inspection.Q2. Give advantages and disadvantages of announcing an inspection visit to:

a. A large multinational companyb. Small factory

22

STUDY UNIT

LEARNING OBJECTIVESAfter having worked through this study unit, students are expected to:

Appreciate the Concept of the Factories Act

4.0 THE FACTORIES ACT4.1 IntroductionThe British Colonial Government recognized the need to protect workers in its colonies against the risks of accidents and occupational diseases. This had negative impact on productivity. It was also realized that apart from loss of human life, huge sums of money were spent on replacing plant damaged during the accidents. The British Government was also under pressure in the country from workers’ organizations and reformist employers who pressed for Law Reforms to improve working conditions in the factories and mines. The Factories Acts and subsidiary Legislations were enacted in 1802,1875, 1878, 1901, 1929 and 1937.In October 1942, the Governor promulgated the Factories Ordinance Chapter 193 of the Laws of Northern Rhodesia which came into force in 1943.

The Ordinance basically provided for the supervision of Factories and machinery with a view of minimising the risks of accidents and damage to machinery. In October 1942, the Governor promulgated the Factories Ordinance Chapter 193 of the Laws of Northern Rhodesia which came into force in 1943.The Ordinance basically provided for the supervision of Factories and machinery with a view of minimising the risks of accidents and damage to machinery. The Legislation which was based on the British Factories Act of 1937 did not clearly provide the institutional framework for enforcement. The ordinance however gave more powers to the minister to make regulations. The first Inspector of Factories was only appointed in 1956 to cover a few factories and steam boilers. The maximum penalty for non-compliance was twelve months imprisonment or a fine not exceeding two hundred British pounds.

OCCUPATIONAL SAFETY AND HEALTH (OSH) LEGISLATIONThe Occupational Safety and Health Legislation in the country is fragmented. There are pieces of laws on safety and health namely: The Factories Act by Ministry of Labour and social Security. The Environmental Protection and Pollution Control Act by Ministry of Tourism, Environment and Natural Resources. The Mines and Minerals Act by Ministry of Mines and Mineral Development. Ionizing Radiation by Ministry of Health. The Explosives Act by Ministry of Mines and Mineral Development. Workers Compensation Act by Ministry of Labour and social Security. The Public Health Act by Ministry of Local Government and Housing.

23

THE ZAMBIAN SAFETY AND HEALTH LEGISLATION• The Government enacted the Factories Act Chapter 514 of the Laws of

Zambia which came into force in 1967.• The Act is an extract from the British Factories Act of 1961.• The Act inter alia provided for appointment of Inspectors of Factories

through the Office of the Labour commissioner.• The Factories Act, 1962, has since been amended six times through Acts

9 of 1968, 20 of 1974, 24 of 1975, and the recent one,13 of 1994.• The amendment of 1994 changed the chapter from Cap 514 to Cap 441.

THE FACTORIES ACT CAP 441• The Act is Volume XXIX of the Laws of Zambia.• It is classified under the Labour Laws.• This the piece of legislation stipulating the requirements of safety and

health in workplaces in Zambia.

OBJECTIVE OF THE ACT• The main objective of the Act is summarised in its preamble:• An Act to make further and better provision for the regulation of the

conditions of employment in factories and other places as regards the safety, health and welfare of persons employed therein; to provide for safety, examination and inspection of certain plant and machinery; and to provide for purposes incidental to or connected with the matters aforesaid.

• Safeguard dangerous parts of machinery while in motion.• Prevent catastrophic failures of machinery such as steam boilers, steam

receivers and air receivers, etc.• Promote safety and health of workers through systematic inspection of all

workplaces covered by the Act.• Provide for first-aid treatment at the workplace.• Provide for safe design, operation and maintenance of machinery and

processes.• Investigation of industrial accidents and dangerous occurrences.• Provide for the prosecution of persons found in violation of the provisions

of the Act.

SUPPLEMENTARY LEGISLATIONS• The Factories Act is supplemented by detailed Regulations.• The Regulations are issued by the Minister through Statutory Instruments.• The Statutory Instruments are published in the Government Gazette, the

official Government journal/or publisher.• The following are some of the current Regulations in force in Zambia:• The Factories (Electricity) Regulations, 1967.• The Woodworking Machinery Regulations, 1967.

24

• The Factories (Plant Inspection and Examination Fees) Regulations, 1967.

• The First-Aid Boxes Regulations, 1974. • The Factories (Benzene) Regulations, 1978.• The Construction (Safety and Health) Regulations, 1967.

4.2 THE FACTORIES ACT• The Act is divided or arranged into fifteen Parts (PART I – PART XV). For

example:• Part IV: Provides for establishment of an Appeals Board. • The channel of appeal through the Labour Commissioner or his appointee.• Part V: Provides for health general requirements: • It provides for matters dealing with problems in cleanliness, lighting,

overcrowding sanitary conveniences, general ventilation.• Part VI: Covers a wide range of Safety Precautions to be taken by the

employer to safeguard employees• Part VII: Deals with the safety of lifting machinery : hoists, lifts, cranes and

chain blocks etc.• It stipulates requirements for examination and testing of lifting equipment.

• PART VIII: Deals with the safety of steam boilers and other pressure vessels i.e. Air Receivers, steam receivers and other pressurized vessels.

• It provides for the requirements for maintenance, examination and their use.

• These vessels can be potential “bombs” if there not regularly inspected and properly maintained.

• Part IX: Deals with the provisions of welfare facilities: • Such as clean drinking water, washing and sitting facilities.• Prohibition of taking meals in certain trades.• Protective clothing and equipment.• Restriction of lifting excessive loads• PART X: Deals with problems of safety, health and welfare which include:-• Removal of dust and fumes.• The section also gives power to the Minister to make safety and health

regulations.• PART XI: Provides for the notification of accidents, occupational diseases

and dangerous occurrences. Medical practitioners are under legal obligation to report/notify the inspectorate when they discover an occupational disease.

• PART XII: Deals with cases of factories, building operations and works of engineering construction as regard to dangerous conditions.

• PART XIII: Provides for posting of posts and maintenance of certain documents: Abstract of the Act, general register records, electric shock poster etc.

• This Part provides for duties of persons employed.

25

• PART XIV: Deals with offences, penalties and legal proceedings as regards contraventions made by employed persons (workers) and employers (Occupiers).

GENERAL DUTIES OF EMPLOYERS TO THEIR EMPLOYEESIn terms of the Factories Act Chapter 441, of the Laws of Zambia, the duties of the employer can be summarized as follows:

• The duty to provide safe plant and safe systems of work.• The duty to provide adequate supervision and training.• The duty to prove competent persons for various operations.• The duty to report accidents to the authorities.• The duty to provide protective equipment and ensure their appropriate

use.• The duty to provide first aid equipment and medical supervision at the

workplace.

DUTIES OF EMPLOYED PERSONS• The duties of the employed persons are as follows:• The duty not to willfully interfere with any device or equipment provided for

their own safety and health welfare.• The duty to use all protective equipment and devices provided by the

employer.• The duty not to do anything likely to injure themselves or others.

OFFENCES• In the event of any contravention in or in connection with or in relation to a

factory or workplace of the provisions of this Act or of any order, regulation or lawful requirement made there-under, the occupier, or (if the contravention is one in respect of which the owner is by or under this Act made responsible) the owner of the factory or workplace shall, subject to the following provisions of this part, be guilty of an offence.

The duties of employers and occupiers of premises towards nonemployees working in their premises or undertaking can be summarised as follows:(a) a general duty of care to all lawful visitors;(b) a general duty not to expose non-employees to risks to their health or safety;(c) a general duty on controllers of premises to provide safe premises, safe access and egress, safe plant and substances;(d) a specific duty to provide instructions and information on risks and precautionary measures necessary by the non-employees or selfemployed persons concerned.Practical procedures to implement these requirements1. Provision of written instructions to non-employees with regard to safe working practices generally.

26

2. Provision of comprehensible written information to non-employees on the hazards and precautions necessary.3. Formal health and safety training sessions for all non-employees prior to commencing work on the host employer’s premises.4. Specification of the health and safety competence necessary for onemployees at the tender stage of contracts.5. Operation of formal hazard reporting systems by non-employees.6. Disciplinary procedures against non-employees for a failure to comply with written instructions and safety signs, including dismissal from the site or premises in serious cases of non-compliance.7. General supervision of non-employees and regular meetings to reinforce the safety requirements for such persons.8. Liaison with the external employers, and certification where necessary, to ensure the employees concerned have received the appropriate information, instruction and training necessary prior to commencing work in the host employer’s undertaking.9. Pre-tender and ongoing site inspections by the external employer to ensure his employees are not exposed to risks to their health or safety.

SELF-EVALUATION QUESTIONS:

Q1. Briefly describe legislation in Zambia that guides the occupational safety and health?

STUDY UNIT LEARNING OBJECTIVESAfter having worked through this study unit, students are expected to:

27

Define types of workplaces where the Factories Act is applicable Describe how the Act is administered

DEFINITIONS, TERMS AND APPLICATION OF THE FACTORIES ACTThe factories Act , cap 441 of the Laws of Zambia is one of the pieces of labour legislations and it is an Act that makes further and better provision for the regulation of the conditions of employment in factories and other places as regards the safety, health and welfare of persons employed therein; to provide for the safety, examination and inspection of certain plant and machinery; and to provide for purposes incidental to or connected with the matters aforesaid.[1st May, 1967]

The expression "factory" means any premises in which, or within the close or curtilage or precincts of which, persons are employed in manual labour in any process for or incidental to any of the following purposes, namely:(1)Definition of "factory" includes :

a. the making or assembling of any article or of part of any article;

b. the altering, repairing, ornamenting, finishing, cleaning or washing or the breaking-up or demolition of any article; or

c. the adapting for sale of any article;

d. being premises in which, or within the close or curtilage or precincts of which, the work is carried on by way of trade or for purposes of gain and to or over which the employer of persons employed therein has the right of access or control.

(2) Whether or not such premises are factories by virtue of subsection (1), the expression "factory" also includes the following premises in which persons are employed in manual labour, that is to say:

a. any premises in which the business of sorting any articles is carried on as a preliminary to the work carried on in any factory or incidentally to the purposes of any factory;

b. any premises in which the business of washing or filling bottles or containers or packing articles is carried on incidentally to the purposes of any factory;

c. any laundry carried on as ancillary to another business, or incidentally to the purposes of any public institution;

28

d. any premises in which the construction, reconstruction or repair of locomotives, vehicles or other plant for use for transport purposes is carried on as ancillary to a transport undertaking or other industrial or commercial undertaking;

e. any premises in which printing by letterpress, lithography, photogravure, or other similar process, or bookbinding is carried on by way of trade or for purposes of gain or incidentally to another business so carried on;

f. any premises in which articles are made or prepared incidentally to the carrying on of building operations or works of engineering construction, not being premises in which such operations or works are being carried on;

g. any premises in which persons are regularly employed in the generating, transforming or controlling of electrical energy for supply by way of trade or for supply for the purposes of any industrial or commercial undertaking;

h. any premises in which mechanical power is used for the purposes of or in connection with a public water supply;

i. any sewage works in which mechanical power is used and any pumping station used in connection with any sewage works; and

j. any premises in which the refrigeration of any article is carried on by way of trade or for purposes of gain, except where such refrigeration is incidental to the conduct of a business engaged mainly in the sale of goods by retail.

(3) Any line or siding, not being part of a railway, which is used in connection with and for the purposes of a factory, shall be deemed to be part of the factory; and if any such line or siding is used in connection with more than one factory belonging to different occupiers, the line or siding shall be deemed to be a separate factory.

(4) A part of a factory may, with the approval in writing of the Commissioner, be taken to be a separate factory and two or more factories may, with the like approval, be taken to be a single factory.

(5) Any workplace in which, with the permission of or under agreement with the owner or occupier, two or more persons carry on any work which would constitute such workplace a factory if the persons working therein were in the employment of the owner or occupier shall be deemed to be a factory for the

29

purposes of this Act, and, in the case of any such workplace not being a tenement factory or part of a tenement factory, the provisions of this Act shall apply as if the owner or occupier of the workplace were the occupier of the factory and the persons working therein were persons employed in the factory.

(6) Where a place situate within the close, curtilage or precincts forming a factory is solely used for some purpose other than the processes carried on in the factory, that place shall not be deemed to form part of the factory for the purposes of this Act, but shall, if otherwise it would be a factory, be deemed to be a separate factory.

(7) Premises shall not be excluded from the definition of a factory by reason only that they are open air premises.

(8) Any premises belonging to or in occupation of the Republic or any local or other public authority shall not be deemed not to be a factory, and building operations or works of engineering construction undertaken by or on behalf of the Republic or any such authority shall not be excluded from the operation of this Act, by reason only that the work carried on thereat is not carried on by way of trade or for purposes of gain.

3. (1) In the factories Act, unless the context otherwise requires-"article" includes any solid, liquid or gas, or any combination thereof;"bodily injury" includes injury to health;"boiler book" means a book kept in accordance with the provisions of subsection (11) of section fifty-five;"building operation" means the construction, structural alteration, repair or maintenance of a building (including repainting, redecoration and external cleaning of the structure), the demolition of a building, and the preparation for and laying the foundation of an intended building, but does not include any operation which is a work of engineering construction within the meaning of this Act;"child" means a person under the apparent age of fourteen years;"class or description", in relation to factories, includes a group of factories described by reference to locality;"Commissioner" means the Labour Commissioner;"competent person", in relation to any particular duty or function, means a person who has had adequate training and experience to enable him to perform that duty or function;"driving-belt" includes any driving strap or rope;"electricity substation" means any premises, or part thereof, in which no person is regularly employed and in which electrical energy is transformed or converted to or from pressure above medium pressure if such premises or part thereof are large enough for a person to enter after the apparatus is in position;"fume" includes gas and vapour;

30

"general register" means a register kept under the provisions of section eighty-six;"harbour" includes any harbour properly so called, whether natural or artificial, and any estuary, navigable river, pier, jetty or other works in or at which craft can obtain shelter, or ship or unship goods or passengers;"inspector" means the Chief Inspector of Factories or any other inspector appointed under the provisions of section six;"machinery" includes any driving-belt;"magistrate" means a magistrate empowered under the Subordinate Courts Act to hold a subordinate court of the first or second class;"maintained" means maintained in an efficient state, in efficient working order and in good repair;"medium pressure" means a difference of electrical potential between any two conductors, or between a conductor and earth, in a system normally exceeding 250 volts but not exceeding 650 volts at the point where the electrical energy is used;"occupier" means the person or persons in actual occupation of a factory, whether the owner or not;"owner" means the person for the time being receiving the rents or profits of the premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if the premises were let;"plant" includes any equipment, gear, machinery, apparatus or appliance, or any part thereof;"prime mover" means every engine, motor or other appliance which provides mechanical energy derived from steam, water, wind, electricity, the combustion of fuel or other source;"process" includes the use of any locomotive;"railway" means any railway used for the purpose of public traffic, whether passenger, goods or other traffic, and includes any works of the railway company or railway authority connected with a railway;"sanitary convenience" includes a privy, urinal, pail closet, pit closet, earth closet, chemical closet and water closet;"standard specification" means a specification of construction approved from time to time by the British Standards Institution, and includes a specification which, in the opinion of the Commissioner, in any case, is equivalent to a specification approved by that Institution;"tenement factory" means any premises where mechanical power from any prime mover within the close or curtilage of the premises is distributed for use in manufacturing processes to different parts of the same premises occupied by different persons in such manner that those parts constitute separate factories;"transmission machinery" means every shaft, wheel, drum, pulley, system of fast and loose pulleys, coupling, clutch, driving-belt or other device by which the motion of a prime mover is transmitted to or received by any machine or appliance;

31

"work of engineering construction" means the construction of any railway line or siding, otherwise than upon an existing railway, the construction of any road, and the construction, structural alteration, repair (including re pointing and repainting) or demolition of any dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipeline (for whatever purpose required), aqueduct, sewer, sewage works or gasholder, and includes such other works as the Minister may by regulation specify;

"young person" means a person who has attained the apparent age of fourteen years but who has not attained the apparent age of eighteen years. A woman, child or young person who works in a factory, whether for wages or otherwise, either in a process or in cleaning any part of the factory used for any process, or in cleaning or oiling any part of the machinery or plant, or in any other kind of work whatsoever incidental to or connected with the process or connected with the article made or otherwise the subject of the process therein, shall, save as is otherwise provided by this Act, be deemed to be employed therein for the purposes of this Act or of any proceedings there under . A young person who works in a factory, whether for wages or otherwise, in collecting, carrying or delivering goods, carrying messages or running errands shall be deemed to be employed in such factory for the purposes of this Act or of any proceedings there ,under. For the purposes of the Act, an apprentice is deemed to be a person employed.(As amended by Act No. 24 of 1975) . The provisions of the Act applies only to factories as defined by this Act except where the contrary intention appears, apply to all such factories. The provisions of the Act applie to any factories belonging to or in occupation of the Republic and to building operations and works of engineering construction undertaken by or on behalf of the Republic.

ADMINISTRATION OF THE FACTORIES ACT

The department of occupation ,health and safety is headed by the Director in the ministry of labour and social security although by law the labour commissioner plays a very cardinal role and the Commissioner may delegate to any other public officer in writing and subject to such restrictions, reservations, exceptions and conditions as he may think fit, all or any of the powers conferred upon him by or under the Act. There are appointed public officers Chief Inspectors of Factories and such other inspectors as shall be necessary for the proper administration of the Act. Every inspector according to the law is furnished with a certificate of appointment in the prescribed form, and when visiting a factory or place to which any of the provisions of the Act apply he or she , if required, produce such certificate to the occupier of or other person holding a responsible position of management at the factory or place.(As amended by Act No. 24 of 1975)

32

SELF-EVALUATION QUESTIONS:

Q. Describe the premises considered as factories by the Act

33

STUDY UNIT LEARNING OBJECTIVESAfter having worked through this study unit, students are expected to:

understand the sources of power for an inspector be knowledgeable on the provision of the Act regarding Health:

General Provisions

POWERS OF FACTORY INSPECTORS

7. Inspectors shall, for the purposes of the Act, have powers-(a) to enter, inspect and examine, by day and night, any factory, and every

part thereof, when he has reasonable cause to believe that any person is employed therein, and to enter, inspect and examine by day any place which he has reasonable cause to believe to be a factory and any part of any building of which a factory forms part and in which he has reasonable cause to believe that explosive or highly inflammable materials are stored or used;

(b) to take with him a police officer if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;

(c) to require the production of the registers, certificates, notices and documents required under the provisions of this Act to be kept and to inspect, examine and copy any of them;

(d) to make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act are complied with in respect of any factory and of any persons employed therein;

(e) to require any person whom he finds in any factory to give such information as it is in his power to give as to who is the occupier of the factory;

(f) to examine, either alone or in the presence of any other person, as he thinks fit, with respect to matters under this Act, the occupier, or any person whom he finds in a factory or whom he has reasonable cause to believe to be or to have been within the preceding three months employed in a factory, and to require every such person to be so examined and to sign a declaration of the truth of the matters respecting which he has been so examined:Provided that no person shall be required under this paragraph to answer any question or to give any evidence tending to incriminate himself;

(g) in the case of an inspector who is a medical practitioner, to carry out such medical examinations as may be necessary for the purposes of his duties under this Act; and

(h) to exercise such other powers as may be necessary for carrying this Act into effect. The occupier of every factory and his agents and servants do furnish the means required by an inspector as necessary for an entry, inspection, examination, inquiry, the taking of samples, or otherwise for the exercise of his powers under this Act in relation to that factory.

34

OBSTRUCTION OF FACTORY INSPECTORS AS AN OFFENCEUnder the factories act, no person shall obstruct an inspector in the execution of his duties under this Act. If any person wilfully delays an inspector in the exercise of any power under this Part, or fails to comply with the requisition of an inspector in pursuance of this Part, or to produce any register, certificate, notice or document which he is required by or in pursuance of this Act to produce, or wilfully withholds any information as to who is the occupier of any factory or conceals or prevents, or attempts to conceal or prevent, a person from appearing before or being examined by an inspector, that person shall be deemed to obstruct an inspector in the execution of his duties under this Act. Any person who obstructs an inspector shall be guilty of an offence and liable on conviction to a fine not exceeding three hundred penalty units or to imprisonment for a period not exceeding one month.(As amended by Act No. 13 of 1994)

NON-DISCLOSURE OF INFORMATION BY INSPECTORSUnder the act no inspector shall, save in the performance of his duty, publish or disclose to any person the details of any manufacturing, commercial or working process which may come to his knowledge in the course of his duties. Unless authorised by the complainant, an inspector shall not divulge to any person the source of any complaint bringing to his notice any defect or breach of the provisions of this Act and shall give no intimation to any owner, occupier or employer or a representative of such owner, occupier or employer that a visit of inspection was made in consequence of the receipt of such a complaint. Any inspector who contravenes the provisions of subsection (1) or (2) shall be guilty of an offence.

REGISTRATION OF FACTORIESAccording to this piece of law the Commissioner maintains a register of factories, in which he shall cause to be entered such particulars in relation to every factory as may be prescribed. Every person who on the commencement of the Act occupied a factory was within three months required thereafter to apply to the Commissioner, by written notice containing the particulars prescribed under section eleven, for the registration of the factory. Upon receipt of an application under subsection (1), the Commissioner shall cause the factory to be registered and shall issue to the occupier thereof a certificate of registration.

No person shall occupy or use as a factory any premises which were not so occupied or used on the commencement of this Act and in respect of which a certificate of registration under this section has not been issued. Upon written application supported by the particulars prescribed under section eleven being made to the Commissioner for the registration of any premises to which subsection (1) refers, the Commissioner -

35

(a) if he is satisfied that the premises comply with the provisions of this Act or any orders or regulations made there ,under, cause the premises to be registered and a certificate of registration to be issued; or

(b) if he is not so satisfied, refuse to register the premises and shall state in writing the grounds for such refusal.

14. The occupier of any factory registered under this Part shall forthwith notify the Commissioner in writing of any material change in the particulars last notified in relation to that factory under section twelve or thirteen.

15. Drawings of factories

(1) No building shall be erected or converted for use as a factory and no extension shall be added to any existing factory save in accordance with drawings showing plans and sections of the proposed erection, conversion or addition which have been approved by the Commissioner under subsection (2).

(2) Upon written application supported by such particulars as may be prescribed being made to the Commissioner for the approval of any drawings described in subsection (1), the Commissioner shall-

(a) if he is satisfied the drawings provide for suitable premises for use as a factory of the type proposed, issue a certificate of approval of such drawings; or

(b) if he is not so satisfied, refuse to issue any certificate of approval of the drawings and shall state in writing the grounds for such refusal.

APPEALS AND ESTABLISHMENT OF BOARDS

16. (1) For the purpose of hearing and determining appeals in accordance with the provisions of the act or any proceedings incidental thereto or connected therewith, there is hereby established an Appeals Board (hereinafter in this Part called "the Board"). The chairman and members of the Board shall be appointed from time to time by the Judicial Service Commission for such period as the said Commission may think fit. Any person aggrieved by a decision of the Commissioner under the provisions of section thirteen or fifteen may appeal to the Board there from. Every notice of appeal shall be in writing stating the grounds of the appeal and shall be lodged with the chairman of the Board who, on receipt of such notice, shall appoint a day and place for the hearing of the appeal and shall notify the

36

parties accordingly. The procedure for the institution and hearing of appeals to the Board shall be in accordance with the provisions of this Part and any rules which may be made by the Chief Justice, by statutory instrument, under this section for the purpose of regulating such procedure.(4) On the hearing and determination of any appeal under this Part-

(a) the Commissioner shall be a party to the proceedings;

(b) any party to the proceedings may appear in person or by counsel or any agent thereunto authorised by him in writing.

18. Powers of Board(1) The Board may confirm, vary or reverse the decision of the Commissioner

with which the appeal is concerned.

(2) The Board shall not make any order as to costs unless it considers the decision of the Commissioner to have been unreasonable or the grounds of appeal to have been frivolous.

(3) Any decision by the Board under this Part shall be final and shall not be challenged in any proceedings whatsoever.

HEALTH: GENERAL PROVISIONS

(1) Every factory shall be kept in a clean state, and free from effluvia arising from any drain, sanitary convenience or nuisance.

(2) Without prejudice to the generality of subsection (1)-

(a) accumulations of dirt and refuse shall be removed daily from the floors and benches of workrooms, and from the staircases and passages;

(b) the floor of every workroom shall be cleaned at least once in every week by washing or, if it is effective and suitable, by sweeping or other method;

(c) where any process is carried on in circumstances which render the floor liable to be wet to such an extent that the fluid is capable of being removed by drainage, effective means shall be provided and maintained for draining off the fluid;

37

(d) all inside walls and partitions, and all ceilings or tops of rooms, and all walls, sides and tops of passages and staircases shall-(i) where they have a smooth impervious surface, at least once in

every period of fourteen months be washed with hot water and soap or other suitable detergent or cleaned by other suitable method;

(ii) where they are kept painted in a prescribed manner or varnished, be repainted in a prescribed manner or revarnished at such intervals of not more than seven years as may be prescribed, and shall at least once in every period of fourteen months be washed with hot water and soap or other suitable detergent or cleaned by other suitable method;

(iii) in all other cases, be kept whitewashed or colourwashed and the whitewashing or colour washing shall be repeated at least once in every period of fourteen months.

(3) Where it appears to the Commissioner that in any factory or class or description of factory or parts thereof any of the foregoing provisions of this section are by reason of special circumstances inappropriate or unnecessary, he may, if he thinks fit, by order direct that those provisions shall not apply to that factory or to factories or parts of factories of that class or description, or shall apply as varied in the order.

Overcrowding A factory shall not, while work is carried on, be so overcrowded as to cause risk of injury to the health of the persons employed therein.

Without prejudice to the generality of subsection (1), the number of persons employed at a time in any workroom shall not be such that the amount of cubic space allowed for each is less than twelve cubic metres.

In calculating for the purposes of this section the amount of cubic space in any room, no space more than four metres from the floor shall be taken into account and, where a room contains a gallery, the gallery shall be treated for the purposes of this section as if it were partitioned off from the remainder of the room and formed a separate room. Every workroom shall not be less than three metres in height measured from the floor to the lowest point of the ceiling or, where there is no ceiling, to the lowest point of the roofing material. Effective and suitable provision shall be made, by natural or artificial means, for securing and maintaining by the circulation of fresh air in each workroom the adequate ventilation of the room, and for rendering harmless, so far as practicable, all such fumes, dust and other impurities generated in the course of any process or work carried on in the factory as may be injurious to health.

38

Effective provision shall be made for securing and maintaining sufficient and suitable lighting, whether natural or artificial, in every part of a factory in which persons are working or passing. All glazed windows and skylights used for lighting of workrooms shall, so far as practicable, be kept clean on both the inner and outer surfaces and free from obstruction:Provided that this subsection shall not affect the whitewashing or shading of windows and skylights for the purpose of mitigating glare or heat. 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 conveniences shall afford proper separate accommodation for each sex. The provisions of section twenty-three shall, in such areas of Zambia as the Minister may by order direct, be enforced by such local authority as may be specified in such order. Where an inspector finds any act or default in relation to any drain, sanitary convenience, water supply, nuisance or other matter in a factory which is liable to be dealt with by a local authority by reason of any order made under section twenty-four or under any written law relating to public health, he shall give notice thereof in writing to the local authority. Where it appears to the Minister-

(a) that in any factory or class or description of factory-(i) cases of illness have occurred which he has reason to believe may be due to the nature of a process or other conditions of work; or(ii) by reason of changes in any process or in the substances used in any process, or by reason of the introduction of any new process or new substance for use in a process, there may be risk of injury to the health of persons employed in that process; or

(iii) young persons are or are about to be employed in work which may cause risk of injury to their health; or

(b) that there may be risk of injury to the health of persons employed in a factory-(i) from any substance or material brought to the factory to be used or handled therein; or(ii) from any change in the conditions of work or other conditions in the factory;he may make regulations requiring such reasonable arrangements to be made for the medical supervision (not including medical treatment other than first-aid treatment and medical treatment of a preventive character) of the persons, or any class of the persons, employed at that factory or class or description of factory as may be specified in the regulations.

39

(2) Where the Minister proposes to exercise his powers under this section in relation to a particular factory and for a limited period, he may exercise those powers by order instead of by regulations, and any such order shall, subject to subsection (3), cease to have effect at the expiration of such period as may be specified in the order.

(3) The Minister may by subsequent order or orders extend the said period, but if the occupier of the factory by notice in writing to him objects to any such extension, the original order shall cease to have effect as from one month after the service of the notice, without prejudice to the making of regulations in relation to the factory.

SELF-EVALUATION QUESTIONS:Q.

40

STUDY UNIT

LEARNING OBJECTIVESAfter having worked through this study unit, students are expected to:

Understand the basic concepts and principles of OSH

CONCEPTS, PRINCIPLES AND FUNDAMENTALS OF OSHIntroduction It was already mentioned that Occupational Safety and Health (OSH) is a field comprised of different disciplines, perspectives and philosophies. Frequently, there is a differing understanding on the aims of OSH, on the principles and fundamentals that should guide its action and even on the meaning of the OSH concepts. This lack of common language hinders the establishment of a shared viewpoint and basis for fruitful work on OSH. This learning unit, in addition to a learning tool, has the aim to serve as a guide of reference in this regard.

The main principles and concepts of OSH are set out in various Conventions and Recommendations adopted by the International Labour Conference as well as other documents of the International Labour Office (ILO), such as codes of practice, resolutions and guidance documents and most of all, the ILO’s Encyclopaedia of Occupational Health and Safety. The contents of this learning unit are derived from information embodied primarily in the above-mentioned ILO documentation as well as other national and international bodies of recognized competency in the field.

This learning unit can not hope to cover all the subject areas in the vast field of OSH. Therefore it focuses on the key and essential concepts, principles and fundamentals, summarizing them in a form that will be useful for those involved with occupational safety and health.

What is occupational health and safety? “Health” is defined in the Preamble of the Constitution of the World Health Organization as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. “Safety” is a property of a system that will not endanger human life. “Occupational” refers to issues related to the working life. Occupational safety and health studies the effects on the health and well-being of the workers, the working conditions and the environment as well as the best ways to improve the working conditions and environment.

Occupational safety and health is identified as the discipline (or group of disciplines) dealing with the prevention of work-related injuries and diseases as well as the protection and promotion of the health of workers. It aims at the improvement of working conditions and environment and involves many specialized fields (occupational medicine, industrial hygiene, toxicology,

41

education, industrial safety, ergonomics, psychology, etc.). In its broadest sense, it should aim at:

the promotion and maintenance of the highest degree of physical, mental and social well-being of workers in all occupations;

the prevention among workers of adverse effects on health caused by their working conditions;

the protection of workers in their employment from risks resulting from factors adverse to health;

the placing and maintenance of workers in an occupational environment adapted to physical and mental needs;

the adaptation of work to humans. Both health and safety issues must be addressed in every workplace. However, occupational health issues are often given less attention than occupational safety issues because the former are frequently less evident and are generally more difficult to confront.

Occupational accidents An occupational accident is an undesired and sudden occurrence arising out of or in connection with work that results in physical harm to one or more workers. Usually, it is the result of contact with a source of energy: gravity (falls, slips, trips), kinetic, electricity, etc.

Acts of violence can also be considered occupational accidents. Frequently, travel, transport or road traffic accidents in which workers are injured and which arise out of or in the course of work (i.e. while engaged in an economic activity, or at work, or carrying on the business of the employer) are also considered occupational accidents. The legal definitions of occupational accidents in some countries restrict the consideration of “occupational” to these or other types of accidents. On the other hand, the workers’ compensation laws of many countries cover “commuting accidents”, i.e. accidents happening on the way to or from work.

It is important to differentiate the concept of “accident” from the concepts of “incident” and “near miss”:

Incident: An undesired occurrence that that does not produce physical harm but could or does degrade the efficiency of an operation.

Near miss: An undesired occurrence that has the potential to become an incident or accident.

Occupational diseases The ILO Employment Injury Benefits Recommendation, 1964 (No. 121), paragraph 6(1), defines occupational disease as follows: “Each Member should, under prescribed conditions, regard diseases known to arise out of the exposure

42

to substances and dangerous conditions in processes, trades or occupations as occupational diseases.”

When it is clear that a causal relationship exists between an occupational exposure and a specific disease, that disease is usually considered both medically and legally as occupational and may be defined as such. However, not all work-related diseases can be defined so specifically. There are a wide range of diseases that can be related in one way or another to occupation or working conditions. Many of these diseases with a multifactorial etiology may be work-related only under certain conditions. The relationship between work and disease can be identified in the following categories:

occupational diseases, having a specific or a strong relation to occupation, generally with only one causal agent, and recognized as such;

work-related diseases, with multiple causal agents, where factors in the work environment may play a role, together with other risk factors, in the development of such diseases, which have a complex etiology;

diseases affecting working populations, without causal relationship with work but which may be aggravated by occupational hazards to health.

Two main elements are present in the definition of occupational diseases: the exposure-effect relationship between a specific working environment

and/or activity and a specific disease effect; the fact that these diseases occur among a group of persons concerned

with a frequency above the average morbidity of the rest of the population.

Why occupational safety and health? “Work is central to people’s lives, to the stability of families and societies. It is key to poverty reduction and to the achievement of social inclusion and social cohesion. Such work must be of acceptable quality. Decent Work must be Safe Work and we are a long way from achieving that goal.” Juan Somavia, Director-General, International Labour Office.

Millions of workers are affected every year by occupational injuries or diseases caused by workplace hazards. Some highlights to understand the dimensions of the problem according to the ILO projections for the year 2000, based on 1998 statistics, in the world are:

270 million work accidents occur every year. Work-related diseases affect over 160 million workers every year. Two million work-related deaths. The average reduction of retirement age is about 5 years, e.g. from 65 to

60, (which represents one seventh of a working life) which is caused by disability

A large number of unemployed workers have an impairment of working capacity, not necessarily enough for the worker to be entitled to a personal

43

disability pension or compensation. However the loss of the working ability can be of such magnitude that it can seriously reduce his or her re-employability.

An average of 5% of the work force is absent from work every day. This may vary from 2% to 10% depending on the sector, type of work and management culture.

Work kills more people than war or malaria. In the most hazardous industries, the mortality rate in a period of ten years

is higher than the unemployment rate for the same period (for example, forestry).

Developing countries have ten times more risks than industrialized countries.

These data show the dimension of human suffering and the human and social costs of work-related health problems and the need for action from an ethical point of view, especially considering that OSH disciplines have the knowledge and experience to prevent most of the work-related health problems (as the experience of the countries with high-performance OSH systems can show).

In addition, the work-related health problems have an important economic dimension. The estimated costs of occupational accidents and illnesses can be as high as three to four per cent of a country’s gross national product. It can therefore seriously endanger development, especially in developing countries. Conversely, improving OSH can be beneficial at all levels.

An often-heard argument is that poor countries and poor companies cannot afford safety and health measures. There is no evidence that any country or company in the long run would have benefited from a low level of safety and health. On the contrary, recent studies by the World Economic Forum and the Lausanne Institute of Management (IMD) demonstrate that the most competitive countries are also the safest. Selecting a low safety, low-health and low-income survival strategy may very well not lead to high competitiveness or sustainability.

44

Although the economical dimensions of occupational accidents and diseases are such an important issue, it is necessary to emphasize the ethical imperative of taking care of the safety and health of workers. As Kofi Annan, former Secretary-General of the United Nations said:“… Safety and health of workers is a part and parcel of human security. As the lead United Nations agency for the protection of workers’ rights, the ILO has been at the forefront of advocacy and activism in promoting safety and health at work. Safe Work is not only sound economic policy; it is a basic human right…”

According to the National Safety Council, there are six reasons for working hard to prevent accidents and occupational illnesses:

1. Needless destruction of life and health is morally unjustified. 2. Failure to take the necessary precautions against predictable accidents

and occupational illnesses makes management and workers morally responsible for those accidents and occupational illnesses.

3. Accidents and occupational illnesses severely limit efficiency and productivity.

4. Accidents and occupational illnesses produce far-reaching social damage. 5. The safety movement has demonstrated that its techniques are effective

in reducing accident rates and promoting efficiency. 6. Recent state and federal legislation mandates management’s

responsibility to provide a safe, healthy workplace.

ACCIDENT CAUSATION THEORIES Preventing accidents is extremely difficult in the absence of an understanding of the causes of accidents. In some cases, it appears that the cause of an industrial injury is easy to identify. However, very often there is a hidden chain of events behind the accident which lead up to the injury. For example, accidents are often indirectly caused by negligence on the part of the employer who may not have provided adequate worker training, or a supplier who gave the wrong information about a product or sold a machine without the required safety devices, etc.

Researchers from different fields of science and engineering have been trying to develop a theory of accident causation which will help to identify, isolate and ultimately remove the factors that contribute to or cause accidents. Many attempts have been made to develop a prediction theory of accident causation, but so far none has been universally accepted. Some of the most common theories are:

Psychological/behavioural Causation Theories

Focus on human behaviour as the major cause of accidents and congruently focuses the prevention measures on changing attitudes and behaviours, mainly those of the workers.

45

The Domino TheoryAccording to W.H. Heinrich, who developed the so-called domino theory, 88% of all accidents are caused by unsafe acts of people, 10% by unsafe conditions and 2% by “acts of God”. He proposed a “five-factor accident sequence” in which each factor would actuate the next step in the manner of toppling dominoes lined up in a row. The sequence of accident factors is as follows:

1. Ancestry and social environment. 2. Worker fault. 3. Unsafe act together with mechanical and physical hazard. 4. Accident. 5. Damage or injury.

In the same way that the removal of a single domino in the row would interrupt the sequence of toppling, Heinrich suggested that the removal of one of the factors would prevent the accident and resultant injury; with the key domino to be removed from the sequence being number (unsafe act together with mechanical and physical hazard). This theory has largely been replaced by the Theory of Multiple Causation.

Theory of Multiple Causation It postulates that a single accident is not caused by one unsafe act or condition, but rather by many contributory factors, causes and sub-causes, and that certain combinations of these give rise to accidents. According to this theory, the contributory factors can be grouped into the following two categories:

Behavioural. This category includes factors pertaining to the worker, such as improper attitude, lack of knowledge, lack of skills and inadequate physical and mental condition. Environmental. This category includes improper guarding of other hazardous work elements and degradation of equipment through use and unsafe procedures.

The major contribution of this theory is to bring out the fact that rarely, if ever, is an accident the result of a single cause or act.

The pure chance theory According to the pure chance theory, every one of any given set of workers has an equal chance of being involved in an accident. It further implies that there is no single discernible pattern of events that leads to an accident. In this theory, all accidents are treated as corresponding to Heinrich’s acts of God, and it is held that there exist no interventions to prevent them.

Biased liability theory Biased liability theory is based on the view that once a worker is involved in an accident, the chances of the same worker becoming involved in future accidents are either increased or decreased as compared to the rest of workers. Although this theory contributes very little, if anything at all, towards developing preventive actions for avoiding accidents, it suggests the presence of different typologies of

46

workers. The most common group of workers being those that learn from experience and are successful in avoiding similar occurrences; whereas other groups of workers instead are polyinjured, due to deficits of attention and selfcare, skills and training.

The “symptoms versus causes” theory The “symptoms versus causes” theory is not so much a theory as an admonition to be heeded if accident causation is to be understood.

Usually, when investigating accidents, we tend to fasten upon the obvious causes of the accident to the neglect of the root causes. Unsafe acts and unsafe conditions are the symptoms - the proximate causes -and not the root causes of the accident. This theory is in the basis of the methodology of accident investigations as well of other specific techniques to identify the underlying causes of the accidents.

The energy transfer theory Those who accept the energy transfer theory put forward the claim that a worker incurs injury or equipment suffers damage through a change of energy, and that for every change of energy there is a source, a path and a receiver. This theory is useful for determining injury causation and evaluating energy hazards and control methodology. Strategies can be developed which are either preventive, limiting or ameliorating with respect to the energy transfer.

Control of energy transfer at the source can be achieved by the following means: elimination of the source; changes made to the design or specification of elements of the work

station; preventive maintenance.

The path of energy transfer can be modified by: enclosure of the path; installation of barriers; installation of absorbers; positioning of isolators.

The receiver of energy transfer can be assisted by adopting the following measures:

limitation of exposure; use of personal protective equipment.

Iceberg theory of accidents Although it is not a purely accident causation theory, its study is important. According to this theory there is a proportion and relationship among the number of fatal accidents, accidents with minor injuries, incidents and “near misses” that take place in an enterprise. It also suggests that they all share common causes.

47

The investigation and analysis of the incidents (near misses) approach would then be a good way of identifying the potential causes of accidents as well as the precautions needed. This theory also suggests that the potential of an occurrence to become a near miss, or an incident, or an accident with injuries is just probabilistic.

From a historic point of view, in the 1920s, the causes of workplace accidents were attributed to the insufficient and poorly-planned technical systems. In the 1900s, the emphasis shifted towards the so-called human factors focused in the psychological factors of individual behaviour (especially regarding incorrect behaviour in following the safety rules). In the 1960s the emphasis on accidents’ explanations changed to the so-called “social-technical system”, the interaction between workers and machine. Since the 1970s, following the systems theory, the focus is on a wider system including, not only workers and machine, but also the environmental and the organizational context. It emphasizes the role of the management system of the enterprise to prevent occupational accidents and diseases, transferring the responsibility for these occurrences from the unsafe acts and unsafe conditions to the system defects, to the wrong management decisions, to the lack of employer commitment, and to the preventive culture.

At present, theories of accident causation are conceptual in nature and, as such, are of limited use in preventing and controlling accidents. With such a diversity of theories, it is not difficult to understand that one single theory does not exist that is considered right or correct and is universally accepted. These theories are nonetheless necessary, but not sufficient, for developing a frame of reference for understanding accident occurrences.

Exercise 2: refer to assignment schedule

PREVENTION Prevention is the central concept of occupational safety and health, to such an extent that even the concept “prevention of occupational risks” is often used as an equivalent to “occupational safety and health”. Sometimes it is just defined in terms of the preferred approach to work on occupational safety and health: all the steps or measures taken or planned at all stages of work in the undertaking to prevent or reduce occupational risks. Prevention is also an attitude of individuals and organizations in the way to deal with the OSH problems. The concept “prevention” is associated with other relevant principles and considerations:

The principle of prevention. It asserts that avoiding harm is much better than trying to remediate that harm.

The principle of precaution. When an activity raises threats of harm to the environment or human health, precautionary measures should be

48

taken even if some cause and effect relationships are not fully established scientifically.

Most hazardous conditions at work are preventable. The development and maturation of the OSH as a discipline, discovering the cause-effect relationships and the best control measures, or its progress in reducing the occupational injuries and diseases has increased confidence in the prevention.

Occupational accidents and diseases can be managed. The realization that many principles of industrial knowledge and procedures used for the production and the labour organization can be applied to accident prevention was an important step. Managers also discovered that efficient production, quality and safety were closely related.

Although the compensation, curation and rehabilitation of sick and injured workers are and will remain very important issues, the main focus and efforts of OSH should be concentrated on prevention in the workplace, as this offers the most cost-effective strategy for their elimination and the control of hazards.

Prevention is preferred to protection. Protection implies the presenced of hazards not removed and the presence of risks in the workplace. Protection measures try to reduce the risk by avoiding the probability of contact between the hazard and the worker and/or the severity of the consequences in an eventual contact between the hazard and the worker. Although protection measures can prevent occupational accidents and diseases, the “preventive approach” implies the prevention of occupational risks by acting directly on the hazards eliminating them or reducing their dangerousness.

Proactive approaches are preferred to reactive approaches. Reactive approaches involve the use of actions which are triggered by events (injuries, accidents, incidents, complaints, losses, etc). Active approaches involve data collection on the health and safety performance and actions before an accident, incident or case of ill-health occurs. In general terms, this means collecting data and taking all reasonable actions and precautions to avoid occupational diseases and injuries at the earliest stages (at the planning and design of workplace).

Traditionally, occupational medicine has established some terminology including the term prevention to categorize its different activities, screeening, curation, rehabilitation, etc.:

Primary prevention: Measures seeking to prevent the occurrence of an injury event.

Secondary prevention: A set of measures as early detection and prompt intervention, used to prevent injury, control disease, reduce the severity of injury and minimize disability.

49

Tertiary prevention: Measures to minimize and alleviate an established disease or disability from injury, in order to improve or maintain its functional status.

However, only the primary prevention of these categories corresponds to the meaning of prevention as previously defined in this section.

To better understand the meaning and contents of prevention, the following table shows the general principles of prevention as they appear in the European Union OSH legislation11:

General principles of prevention The employer shall implement the measures (…) on the basis of the following general principles of prevention. a) avoiding risks; b) evaluating the risks which cannot be avoided; c) combating the risks at source; d) adapting the work to the individual, especially as regards the design of work places, the choice of work equipment and the choice of working and production methods, with a view, in particular, to alleviating monotonous work and work at a predetermined work-rate and to reduce their effect on health. e) adapting to technical progress; f) replacing the dangerous with the non-dangerous or the less dangerous; g) developing a coherent overall prevention policy which covers technology, organization of work, working conditions, social relationships and the influence of factors related to the working environment; h) giving collective protective measures priority over individual protective measures; i) giving appropriate instructions to the workers.

HAZARD AND RISK The term “hazard” is often confused with the term “risk”. These two concepts are very relevant for many of the process and activities in OSH and need a clear definition and diferentation.

Definitions Hazard is an agent, condition or activity with potential to cause harm that, if left uncontrolled, may adversely affect the well-being or health of exposed persons. For example, hazards can include substances such as a toxic chemical, energy forms such as a high voltage power supply, machines, or the way work is carried out.

There are an unlimited number of hazards that can be found in almost any workplace, including:

chemical hazards, arising from liquids, solids, dusts, fumes, vapours and gases;

50

physical hazards, such as noise, vibration, unsatisfactory lighting, radiation and extreme temperatures;

biological hazards, such as bacteria, viruses, infectious waste and infestations;

safety hazards associated with gravity (falls of people and objects); manual handling; hand tools;

moving parts of plant/machinery and/or their loads, vehicles; electricity, pressure (steam);

psychological hazards resulting from stress and strain; and, hazards associated with the non-application of ergonomic principles, for

example badly-designed machinery, mechanical devices and tools used by workers, improper seating and workstation design, or poorly designed work practices.

In the context of Occupational safety and health, the term “conditions of work” or “working conditions” is also widely used and is also linked with the term “hazard”. “Condition of work” is any characteristic of work that can have a significant influence in the generation of risks for the safety and the health of the workers. They are specifically included in this definition:

The general characteristics of the premises, existing facilities, equipment, products and other equipment in the workplace.

The nature of the physical, chemical and biological agents present in the work environment.

The procedures for the use of the mentioned agents influencing the generation of the mentioned risks.

Any other characteristic of the work, including those relative to its organization influencing in the magnitude of the risks to which the workers are exposed.

Risk is a combination of the likely severity and probability that somebody will actually be harmed by a specific hazard. A risk will be higher when the severity of the consequences is more important and when the probability of occurrence is more frequent. The two factors (severity and probability) used to estimate the risk are independent in the sense that a severity of a hazard could be high andthe probability instead could be very low (or the opposite) and should be estimated independently.

The probability of the occurrence is related with the frequency in which the worker is in contact with the hazard (the more frequent contacts, the more probability) and the frequency in which the hazard can realize its potential harmful effects (continuously present hazards and active hazards have higher probability to harm that those present and active for short periods). The severity of the consequences will depend upon factors such as:

the nature of the hazard; the quantity of hazards involved (the higher quantity, the higher severity);

51

the duration of contact or exposure (the higher duration, the higher severity);

part of body affected (strikes in the head often result in more severe injuries than strikes in the leg, for example); and,

important factors unrelated to the hazard itself, e.g., luck and individual factors.

There is a term quite common in OSH legislation associated to “risk”. It is the term “serious and imminent labor risk”. It means the risk that is rationally probable to be materialized in the immediate future and can cause serious damage for the health of the workers.

Acceptable risk Acceptable risk is used to characterize the degree to which an individual, an organization or a society is willing to tolerate the existence of a factor that poses a danger of physical or psychological illness or injury. However, there are important differences in the tolerance of risks from individuals and societies.

Risk acceptance is generally a complicated and multifaceted issue. It involves not only technical issues regarding the estimation of its magnitude, but also ethical, political and economical considerations (what is the value of life or health?) and even psychosocial dimensions linked to the perception of risks of individuals or societies.

Factors Affecting Risk PerceptionThe following factors may have more effect on the acceptability of risk than the estimated magnitude of either the individual or population risk.

Risks perceived to be voluntary are more acceptable than risks perceived to be imposed.

Risks perceived to be under an individual’s control are more accepted than risks perceived to be controlled by others.

Risks perceived to have clear benefits are more accepted than risks perceived to have little or no benefit.

Risks perceived to be fairly distributed are more accepted than risks perceived to be unfairly distributed.

Risks perceived to be natural are more accepted than risks perceived to be man-made.

Risks perceived to be statistical are more accepted than risks perceived to be catastrophic.

Risks perceived to be generated by a trusted source are more accepted than risks perceived to be generated by an entrusted source.

Risks perceived to be familiar are more accepted than risks perceived to exotic.

Risks perceived to affect adults are more accepted than risks perceived to affect children.

In general terms, several principles are used to determine the acceptable risk:

52

The precautionary principle, is the idea that if the consequences of an action are unknown, but are judged to have some potential for major or irreversible negative consequences, it is better to avoid that action. For example, if there is the possibility that a new technology may cause serious harm and the relevant science is incomplete on this question, then a precautionary approach would require that the new technology not be used. The principle of precautionary action has four parts:

1. People have a duty to take anticipatory action to prevent harm.2. The burden of proof of harmlessness of a new technology, process,

activity, or chemical lies within the proponents, not within the general public.

3. Before using a new technology, process, or chemical, or starting a new activity, people have an obligation to examine “a full range of alternatives” including the alternative of doing nothing.

4. Decisions applying the precautionary principle must be “open, informed, and democratic” and “must include affected parties.”

The GAMAB principle (Globalement au moins aussi bon) is the idea that all new systems must offer a level of risk globally at least as good as the one offered by any equivalent existing system.

The MEM principle (minimum endogenous mortality) – requires that the total risk from all technical systems affecting an individual must not exceed minimum human mortality.

The ALARP principle (“As low as reasonably practicable”). The ALARP principle is founded on the legal obligation to reduce risks to the point that additional risk reduction would cost disproportionately ”more than the risk reduction (benefit) achieved”. Measures to reduce risk must be taken until the risk is broadly acceptable (BA) or until the cost of further risk reduction would be grossly disproportionate (GD) to the reduction in risk that would be achieved. It associates the risk with cost.

unacceptable region Risk cannot be justified except in extraordinary circumstances

The ALARP or Tolerability Tolerable only if risk reduction is region (Risk is undertaken only impracticable if its cost is grossly if a benefit is desired) disproportionate to the improvement

gained

Tolerable if cost of reduction wouldBroadly acceptable region (No need exceed the improvement gainedfor detailed work to demonstrate ALARP) Necessary to maintain assuarance that

risk remains at this levelNegligible risk

53

But why is this concept of “acceptability of risk” in Occupational Safety and Health so important?

Since different organizations (and different individuals, too) have different perspectives on what level of risk is tolerable or not, it is necessary to establish a standard on what level of risk can be tolerated in the workplace, which level of risks are not accepted, and what interventions to remove hazards and to reduce and control risks should be undertaken.

Although the concept and the limits of “acceptability of risk” frequently do not appear explicitly formulated in the national OSH regulations, they express (among other things) which ones are accepted and which are not accepted in terms of risks and hazards. After the revision of the OSH legislation of a country, we can have a firsthand view of the tolerance of occupational risks in that country. Some hazards and levels of risks are tolerated in some countries and not in others. For example, in the case of the asbestos, a well-known carcinogenic that kills 100,000 workers per year in the world, so many countries have banned its utilization because its control is very difficult. However, other countries still accept a “controlled use of asbestos”.

In general terms, the acceptance of risk also changes over time. There is a process continuously restricting risk acceptance, once research demonstrates the cause-effect relationships among occupational hazards and occupational accidents and diseases and society determines the need to act against these risks. For example, only 30 years ago psychosocial hazards and problems (stress, mobbing, burn-out) were not commonly accepted as occupational. In another example where an important revolution has also taken place, passive cigarette smoke is not tolerated anymore as an acceptable hazard and in the last 10 years many countries have passed laws to prevent this risk.

Although OSH regulations are intended to establish national standards on the acceptability of occupational risks at the national level and OSH inspection tries to enforce these standards, frequently in each country, a wide inconsistency on the level of acceptance of occupational risks persists among enterprises and organizations (and among individuals).

MANAGEMENT OF OCCUPATIONAL ACCIDENTS AND DISEASES It was already mentioned that occupational accidents and diseases can be managed. Increasingly, the applications of the principles of management to OSH are playing a major role. OSH is made up of a whole of analytical disciplines and operational techniques and “management” can be seen as just one more of these operational disciplines. “Management” can also be seen as the way in which all other disciplines are applied in practice within an enterprise to reach their concrete and overall purpose: the prevention of the occupational accidents and diseases.

54

Management (from Old French management, “the art of conducting, directing”, from Latin manu agere “to lead by the hand”) could be defined as the process of leading and directing all or part of an organisation, often a business, from an initial plan to reach the intended goals, through the deployment and manipulation of resources (human, financial, material, intellectual or intangible). There are five management functions: Planning, Organising, Leading, Co-ordinating and Controlling.

An important principle of OSH management is that the main responsibility for occupational accidents and diseases rests with management (the managers)15. Although the immediate causes for occupational accidents and diseases may be a human or/and technical failure, the underlying causes arise from organizational failings which are the responsibility of the managers. Additionally, successful OSH management should:

start as a visible and active support of strong leadership and commitment of senior managers and directors who should also demonstrate this commitment through their individual behaviour and management practice;

share the management’s perception and beliefs of the whole organization on the importance of OSH and the need to achieve the OSH objectives.

regard OSH objectives in the same way as other business objectives. assign clear lines of authority and well-defined responsibilities. spread the safety culture among all organizations by making OSH a line

management responsibility (instead of exclusively assigning this responsibility to the OSH department or unit).

Examples of a health and safety philosophy:

“A good safety record goes hand in hand with high productivity and quality standards”.

“We believe that an excellent company is by definition a safe company. Since we are committed to excellence, it follows that minimizing risks to people, plants and products is inseparable from all other company objectives”.

“Prevention is not only better but cheaper than cure. There is no necessary conflict between humanitarianism and commercial consideration. Profits and safety are not in competition. On the contrary, safety is a good business”.

“Health and safety is a management responsibility of equal importance to production and quality”.

“Experience shows that a successful safety organization also produces the right quality goods at minimum costs”

55

“Competence in managing health and safety is an essential part of professional management”

“In the field of health and safety (we) seek to achive the highest standards. We do not pursue this aim simply to achieve compliance with current legislation, but because it is in our best interests.

“The effective management of health and safety, leading to fewer accidents involving injury and time taken off work, is an investment which helps us to achieve our purposes”.

“People are our most important asset”.

“Total safety is the ongoing integration of safety into all activities with the objective of attaining industrial leadership in safety performance. We believe nothing is more important than safety… not production, not sales, not profits”.

“Effective control of health and safety is achieved through co-operative effort at all levels in the organization”.

“The company believes that excellence in the management of health and safety is an essential element within its overall business plan”.

“All accidents and ill health are preventable”.

“The identification, assessment and control of health and safety and other risks is a managerial responsibility and of equal importance to production and quality”.

“The preservation of human and physical resources is an important mean of minimizing costs”.

Management is a discipline in evolution and many changes of perspective have taken place in recent history. It also has influenced the focus and the perspective of OSH. The table below shows an interesting study of the National Safety Council (United States of America) showing the links of the evolution of the business management perspective and focus through the recent history of the last century and its influence on OSH management.

It is necessary to clarify and distinguish some concepts that include the word “management” in OSH terminology such as management of OSH, systematic management, OSH management systems, and risk management.

56

Management of OSH. It is the generic term to denominate any structured business practices and organizational measures to ensure that an acceptable level of safety and health is maintained in the enterprise. As shown in the previous table of the historical evolution of the management, there are different ways to manage OSH.

Systematic management is one of the approaches used for OSH management. It is a requirement included in the OSH regulations of some countries. Although the definition and the contents of systematic management can vary, the central idea of this approach is that some interacting management practices and measures should be regularly and methodically planned, adopted and integrated in a consistent order (using step-by-step procedures).

OSH management systems. It is one of the approaches for OSH management, consisting of the application of the systems modeled. This “systems” approach to OSH management applies similar principles and processes contained in the Quality Management (ISO 9000 series) and Environmental Management (14000 series) developed by the International Organization for Standardization (ISO) in the early 1990s. The OSH management systems are also a (more elaborated and complex) way of systematic management. They are promoted through technical standards or guidelines such as the ILO Guidelines on OSH Management Systems (ILO-OSH 2001) or the OSHAS 18001 (1999)19.

Risk management is a process involving the systematic identification and analysis of hazards inherent in an activity, as well as the estimation and evaluation of the associated health risks to the workers in order to select and implement the effective measures to control the workplace risks. Both the “systematic management” and “OSH management systems” include the process of risk management as one of their most important parts.

57

STUDY UNIT

LEARNING OBJECTIVESAfter having worked through this study unit, students are expected to:

Recognise hazards in the workplace

5.0 HAZARD IDENTIFICATION AND CLASSIFICATION5.1 Hazard classificationThe contact of man with objects and conditions in his working environment can produce harmful and injurious effects to health. These factors in the environment are called hazards and can be classified in six categories as follows:

1. Mechanical2. Physical(noise, vibration, electrical, radiation, climate, illumination and

colour)3. Chemical4. Biological5. Physiological6. Psychosocial

(hazard classification pg 36-39)

Recognition of hazardsA workplace hazards can be defined as any condition that may adversely affect the well-being or health of exposed persons. Recognition of hazards in any occupational activity involves characterization of the workplace by identifying hazardous agents and groups of workers potentially exposed to these hazards. The hazards might be of chemical, biological or physical origin (see table 30.1). Some hazards the work environment are easy to recognize-for example, irritants, which have an immediate irritating effect after skin exposure or inhalation. Others are not so easy to recognize-for example, chemicals which are accidentally formed and have no warning properties. Some agents like metals (e.g., lead, mercury, cadmium, manganese), which may cause injury after several years of exposure, might be easy to identify if you are aware of the risk. A toxic agent may not constitute a hazard at low concentrations or if no one is exposed. Basic to the recognition of hazards are identification of possible agents at the workplace, knowledge about health risks of these agents and awareness of possible exposure situations.

Table: Hazards of chemical, biological and physical agents

Type of hazard Description Examples

CHEMICALHAZARD

Chemicals enter the body principally through inhalation,  

58

skin absorption or ingestion. The toxic effect might be acute, chronic or both.,

Corrosion Corrosive chemicals actually cause tissue destruction at the site of contact. Skin, eyes and digestive system are the most commonly affected parts of the body.

Concentrated acids and alkalis, phosphorus

Irritation Irritants cause inflammation of tissues where they are deposited. Skin irritants may cause reactions like eczema or dermatitis. Severe respiratory irritants might cause shortness of breath, inflammatory responses and oedema.

Skin: acids, alkalis, solvents, oils Respiratory: aldehydes, alkaline dusts, ammonia, nitrogendioxide, phosgene, chlorine, bromine, ozone

Allergic reactions

Chemical allergens or sensitizers can cause skin or respiratory allergic reactions.

Skin: colophony (rosin), formaldehyde, metals like chromium or nickel, some organic dyes, epoxy hardeners, turpentine Respiratory: isocyanates, fibre-reactive dyes, formaldehyde, many tropical wood dusts, nickel

Asphyxiation Asphyxiants exert their effects by interfering with the oxygenation of the tissues. Simple asphyxiants are inert gases that dilute the available atmospheric oxygen below the level required to support life. Oxygen-deficient atmospheres may occur in tanks, holds of ships, silos or mines. Oxygen concentration in air should never be below 19.5% by volume. Chemical

Simple asphyxiants: methane, ethane, hydrogen, helium Chemical asphyxiants: carbon monoxide, nitrobenzene, hydrogencyanide, hydrogen sulphide

59

asphyxiants prevent oxygen transport and the normal oxygenation of blood or prevent normal oxygenation of tissues.

Cancer Known human carcinogens are chemicals that have been clearly demonstrated to cause cancer in humans. Probable human carcinogens are chemicals that have been clearly demonstrated to cause cancer in animals or the evidence is not definite in humans. Soot and coal tars were the first chemicals suspected to cause cancer.

Known: benzene (leukaemia); vinyl chloride (liver angio-sarcoma); 2-naphthylamine, benzidine (bladder cancer); asbestos (lung cancer, mesothelioma); hardwood dust (nasalor nasal sinus adenocarcinoma) Probable: formaldehyde, carbon tetrachloride, dichromates, beryllium

Reproductiveeffects

Reproductive toxicants interfere with reproductive or sexual functioning of an individual.

Manganese, carbon disulphide, monomethyl and ethyl ethers of ethylene glycol, mercury

 Developmental toxicants are agents that may cause an adverse effect in offspring of exposed persons; for example, birth defects. Embryotoxic or foetotoxic chemicals can cause spontaneous abortions or miscarriages.

Organic mercury compounds, carbon monoxide, lead, thalidomide, solvents

Systemicpoisons

Systemic poisons are agents that cause injury to particular organs or body systems.

Brain: solvents, lead, mercury, manganese Peripheral nervous system: n-hexane, lead, arsenic, carbon disulphide Blood-forming system: benzene, ethylene glycol ethers Kidneys: cadmium, lead, mercury, chlorinated

60

hydrocarbons Lungs: silica, asbestos, coal dust (pneumoconiosis)

BIOLOGICALHAZARDS

Biological hazards can be defined as organic dusts originating from different sources of biological origin such as virus, bacteria, fungi, proteins from animals or substances from plants such as degradation products of natural fibres. The aetiological agent might be derived from a viable organism or from contaminants or constitute a specific component in the dust. Biological hazards are grouped into infectious and non-infectious agents. Non-infectious hazards can be further divided into viable organisms, biogenic toxins and biogenic allergens.

 

Infectious hazards

Occupational diseases from infectious agents are relatively uncommon. Workers at risk include employees at hospitals, laboratory workers, farmers, slaughterhouse workers, veterinarians, zoo keepers and cooks. Susceptibility is very variable (e.g., persons treated with immunodepressing drugs will have a high sensitivity).

Hepatitis B, tuberculosis, anthrax, brucella, tetanus, chlamydia psittaci, salmonella

Viable organisms and biogenic toxins

Viable organisms include fungi, spores and mycotoxins; biogenic toxins include endotoxins, aflatoxin and bacteria. The products of bacterial and fungal

Byssinosis, “grain fever”, Legionnaire's disease

61

metabolism are complex and numerous and affected by temperature, humidity and kind of substrate on which they grow. Chemically they might consist of proteins, lipoproteins or mucopolysaccharides. Examples are Gram positive and Gram negative bacteria and moulds. Workers at risk include cotton mill workers, hemp and flax workers, sewage and sludge treatment workers, grain silo workers.

Biogenic allergens

Biogenic allergens include fungi, animal-derived proteins, terpenes, storage mites and enzymes. A considerable part of the biogenic allergens in agriculture comes from proteins from animal skin, hair from furs and protein from the faecal material and urine. Allergens might be found in many industrial environments, such as fermentation processes, drug production, bakeries, paper production, wood processing (saw mills, production, manufacturing) as well as in bio-technology (enzyme and vaccine production, tissue culture) and spice production. In sensitized persons, exposure to the allergic agents may induce allergic symptoms such as allergic rhinitis, conjunctivitis or asthma. Allergic alveolitis is characterized by acute respiratory symptoms like cough, chills, fever, headache and pain in the muscles,

Occupational asthma: wool, furs, wheat grain, flour, red cedar, garlic powder Allergic alveolitis: farmer's disease, bagassosis, “bird fancier's disease”, humidifier fever, sequoiosis

62

which might lead to chronic lung fibrosis.

PHYSICAL HAZARDS    

Noise Noise is considered as any unwanted sound that may adversely affect the health and well-being of individuals or populations. Aspects of noise hazards include total energy of the sound, frequency distribution, duration of exposure and impulsive noise. Hearing acuity is generally affected first with a loss or dip at 4000 Hz followed by losses in the frequency range from 2000 to 6000 Hz. Noise might result in acute effects like communication problems, decreased concentration, sleepiness and as a consequence interference with job performance. Exposure to high levels of noise (usually above 85 dBA) or impulsive noise (about 140 dBC) over a significant period of time may cause both temporary and chronic hearing loss. Permanent hearing loss is the most common occupational disease in compensation claims.

Foundries, woodworking, textile mills, metalworking

Vibration Vibration has several parameters in common with noise-frequency, amplitude, duration of exposure and whether it is continuous or intermittent. Method of operation and skilfulness of

Contract machines, mining loaders, fork-lift trucks, pneumatic tools, chain saws

63

the operator seem to play an important role in the development of harmful effects of vibration. Manual work using powered tools is associated with symptoms of peripheral circulatory disturbance known as “Raynaud's phenomenon” or “vibration-induced white fingers” (VWF). Vibrating tools may also affect the peripheral nervous system and the musculo-skeletal system with reduced grip strength, low back pain and degenerative back disorders.

Ionizingradiation

The most important chronic effect of ionizing radiation is cancer, including leukaemia. Overexposure from comparatively low levels of radiation have been associated with dermatitis of the hand and effects on the haematological system. Processes or activities which might give excessive exposure to ionizing radiation are very restricted and regulated.

Nuclear reactors, medical and dental x-ray tubes, particle accelerators, radioisotopes

Non-ionizingradiation

Non-ionizing radiation consists of ultraviolet radiation, visible radiation, infrared, lasers, electromagnetic fields (microwaves and radio frequency) and extreme low frequency radiation. IR radiation might cause cataracts. High-powered lasers may cause eye and skin damage. There is an

Ultraviolet radiation: arc welding and cutting; UV curing of inks, glues, paints, etc.; disinfection; product control Infrared radiation: furnaces, glassblowing Lasers: communications, surgery, construction

64

increasing concern about exposure to low levels of electromagnetic fields as a cause of cancer and as a potential cause of adverse reproductive outcomes among women, especially from exposure to video display units. The question about a causal link to cancer is not yet answered. Recent reviews of available scientific knowledge generally conclude that there is no association between use of VDUs and adverse reproductive outcome.

SELF-EVALUATION QUESTIONS:

Q1. Outline the categories of hazards: describe and give examples for each class.

Assignment 2: refer to assignment schedule

65

STUDY UNIT SIX

LEARNING OBJECTIVESAfter having worked through this study unit, students are expected to:

Appreciate the concepts in managing risk Show an understanding of the strategies involved in controlling risk

6.0 THE MANAGEMENT OF RISK6.1 An Introduction to Risk ManagementIn every activity there is an element of risk and the successful manager is the one who can look ahead, foresee the risks and eliminate or reduce their effects. Risks are no longer confined to the ‘sharp end’, the shop floor, but all parts of the organisation have roles to play in reducing or eliminating them. Indeed, the Robens’ Committee recognised the vital role of management in engendering the right attitudes to, and developing high standards of, health and safety throughout the organisation.A number of specialised techniques have been developed to enable risks to be identified, assessed and either avoided or reduced but there are other factors related to the culture of the organisation and the interrelationship of those who inhabit it that have a significant role to play. An understanding of those techniques and the roles and responsibilities of individuals and groups is a necessary prerequisite for high levels of safety performance.The components of risk involve acceptance of its existence; understanding the hazard, the consequences, the likelihood of a hazard causing injury or damage; the perception of the risk and the tolerance of the risk by individuals or by a group.It is not surprising therefore that the definitions of risk can be complex. The Royal Society Study Group report offers the following definition:

RISK is the probability that a particular adverse event occurs during a stated period of time, or results from a particular challenge.

The report continues with associated definitions:HAZARD is seen as the situation that in particular circumstances could lead to harm, where HARM is the loss to a human being (or to the human population) consequent on damage and DAMAGE is the loss of inherent quality suffered by an entity (physical or biological).RISK ASSESSMENT is the general term used to describe the study of decisions subject to uncertain consequences.RISK ESTIMATION is the first subdivision of Risk Assessment and includes the identification of outcomes, the estimation of the magnitude of the associated consequences of these outcomes, and the estimation of the probabilities of these outcomes.RISK EVALUATION is the second subdivision of Risk Assessment and is the complex process of determining the significance or value of the identified hazards and estimated risks to those concerned with or affected by the decision.

66

RISK MANAGEMENT is the making of decisions concerning risks and their subsequent implementation and flows from Risk Estimation and Risk Evaluation.

The above definitions and the tenor of the report are based on an approach to the subject of risk from the standpoint of the natural scientist. The view of the social scientist places greater emphasis on the perception of risk by individuals and the public at large, especially when overlaid by media involvement. Most managers do not have the time to consider what some will view as the esoteric components of risk. The Health and Safety Executive offer the following definition of hazard and risk:

HAZARD means anything that can cause harm (e.g. chemicals, electricity, working from ladders, etc);RISK is the chance, high or low, that somebody will be harmed by the

hazard.The assessment of risk can range from a profound intellectual exercise or a day-to-day practical activity.

6.2 The Components of Risk6.2.1 HazardThe definition of ‘hazard’ presented above has two elements. The first is that a hazard has within it the ability to harm a person. The second is that the existence of a hazard does not mean that harm will arise – a hazard only has to have the potential to harm. Identifying hazards is an ongoing process. There are everyday hazards associated with living – e.g. using gas as a fuel to cook food. There are unusual hazards that most people encounter only rarely – e.g. undergoing surgery.There are hazards that will cause immediate harm if they are encountered. These are termed acute hazards and are usually recognisable to most people so there is rarely a need for them to be explained. For example, most people will understand that being struck by a moving vehicle will result in immediate harm. Other hazards may affect us but we do not experience immediate harm. An example is exposure to asbestos fibres, which may be inhaled many times over many years before harm is caused to the body. These are termed chronic hazards. Some hazards can be both acute and chronic. Radiation in small repeated doses can cause chronic harm in the form of cancers. However, a large single dose can cause acute harm in the form of burns and poisoning.Some hazards are caused by workplace exposure. Other hazards arise from a combination of workplace exposure and personal lifestyle. Two examples illustrate this point. Stress may arise at work (and usually does to some extent) and be quite tolerable to an individual. However, combine that with stress from the individual’s personal life (such as undergoing a divorce or bereavement) and harm to health can easily arise. The other example is musculo-skeletal injury, such as carpal tunnel syndrome, which may be experienced by a VDU operator using a keyboard all day. Combine the workplace activity with a hobby of surfing the net and it easy to see that this additional exposure increases the risk of wrist

67

injury. In both these examples it is not easy to determine which of these activities are the causative factors and what their contributions are to the resulting harm. An activity that is not a hazard because it does not cause harm can become one under different circumstances.Recognising hazards is not always straightforward or easy. If a checklist of hazards is used, it should be reviewed periodically, preferably by different people so that there is a chance that what one reviewer misses another will identify.

6.2.2 ConsequenceThe harm that arises from a hazard is the consequence of it. It is important to identify the possible consequences before embarking on a hazard control strategy. The more serious the consequence the greater the need to control the hazard. If a hazard will result in serious injury or death then control of it becomes urgent. Hence there is an emphasis on guarding machines because they have sufficient energy to cause immediate serious harm to the machine operator. Where the consequence is likely to be a minor injury then a warning notice may suffice. For example, when a spill occurs in a supermarket, it is mopped up leaving the floor wet and slippery for a short period. A notice warning shoppers of the hazard is considered adequate. However, a shopper may slip on the damp floor, strike her head on a shelf, and suffer serious injury. Consequences are not possible to predict with certainty.Compliance with recommended standards does not confer immunity from risk. Where exposure limits are applied to an employee’s exposure to toxic chemicals, the values in official lists of exposure limits are commonly interpreted as being safe levels, i.e. harm will only occur when there is exposure above the stated level. However, careful reading of the supporting information with the lists will reveal that the exposure level has been set at a point where most people most of the time will not be harmed. Clearly some people may be harmed. If it is known that a particular employee may be susceptible to a particular substance in use then preventative action must follow. The law recognises that below the listed exposure levels an amorphous group of employees does not need to be protected but where particular individual susceptibilities are known the employees must be protected. A good example is the case of a pregnant woman. Before pregnancy the body may not be harmed at all by exposure to low levels of a chemical agent. Once pregnant, however, the foetus may be harmed by the same level of exposure that would not harm the adult woman or any others in the group.A further factor to consider under consequence is who may be harmed. It is not necessarily those who are immediately exposed to the hazard who are the only ones likely to be affected. For example, legionella is a form of virulent pneumonia. The virus causing it multiplies in warm water and causes harm when it enters the lungs, usually in the form of an aerosol. It can be fatal to people whose immune suppression system is depressed. The breeding grounds of legionella are cooling towers, air conditioning systems, showerheads in centrally heated hotel rooms, etc. The consequences of poor maintenance of these systems are the release into the atmosphere of contaminated aerosol vapours

68

that affect not only the relatively healthy employees but also neighbours and passers-by and, in particular, people whose immune system is depressed. Deciding what the consequences are likely to be and who may be affected by the hazards is not as straightforward as it might appear. It requires lateral thinking.

6.2.3. LikelihoodAn important element of risk is the likelihood or probability that the hazard will cause injury. In its simplest form, probability can be considered as high, medium or low and for the majority of risk assessments this should prove adequate. The valuation of probability is subjective with the risk assessor drawing on his knowledge and experience to decide whether a risk should be rated high, medium or low.These ratings can be given a numerical value that when combined with similar numerical values given to the likely worst injury can give an indicative ranking or ‘risk rating’. Elegant techniques such as Fault Tree Analysis5 can be applied which list all the elements and sub-elements which contribute to an incident. By placing against each element the probability of its occurrence a very detailed and accurate assessment of the likelihood of a hazard or fault causing harm can be made.

6.2.4. PerceptionUnderstanding risk can assist in providing an insight into the factors that contribute to it. A rational analysis should be sufficient to convince everyone about the risk and hence the control measures that are needed.This may not be the case. Newby comments that despite a huge increase in road traffic since the 1930s, the risk of an accident occurring involving pedestrians has been reduced by a factor of four. That argument does nothing to alter the response of a mother whose child has been injured in a road accident. Her perception of risk is decisive and the quantified assessment does not sway her or the immediate community. Visitors to an old established factory site keenly felt the risk from large trucks using the internal roads that were designed for the horse and cart. Employees were used to the risk and only occasionally voiced concern. They were more concerned about risks arising from hazards in the workplace. Their perception of the risk was dulled by their familiarity with it and the more immediate personal risks they faced elsewhere. Different groups have a different perspective.People, as individuals and as groups, act in accordance with their own perception of the risk. Risk assessment and risk management processes will only be successful in reducing injury if there is widespread involvement of those who are potentially affected by the hazard. The safety professional may be the person who provides technical data and an initial ranking of risk. It is for a larger group to decide the appropriate responses.

6.3 Strategies to Control Risk

69

The management of risk is a strategic approach to health and safety that organisations must adopt in order to control the hazards that employees, contractors, community residents and others are exposed to. It requires more than just a focus on the hazard itself. The control of hazards requires organisational and administrative processes in order to be effective. Those processes need to be in place to influence the behaviours of directors, managers, supervisors and employees so that harm does not occur. They should also be bound together by a policy and their effectiveness established by measurement, review and audit. A structure to accommodate these processes is necessary if the risksfrom hazards are to be controlled. Its success is demonstrated when the hazard has been eliminated. Elimination is the first step in the risk control hierarchy.

6.3.1 Risk Control HierarchyA risk control hierarchy is a structured approach whereby for each hazard a set of action options is considered. The action that should be adopted is the one that gives the greatest degree of protection, not only to the operator but also to others who may be exposed to the hazard. The options in order of decreasing effectiveness are:1. Elimination by the removal of the hazard itself to ensure that injury or damage will not occur. Many injuries occur each year from manually handling objects. By changing the work method and employing mechanical handling, the hazards from manual handling are eliminated. Boxes of product being moved from one storage location to another do not add value to the business but do add injuries and costs. Removing, simplifying and streamlining handling operations can eliminate potential injury causing hazards.2. Substitution is sometimes possible by utilising a less hazardous material instead of a more hazardous one. An example is in the replacement of benzene (MEL 3 ppm) that is a proven human carcinogen by toluene (MEL 50 ppm) which is in many cases as good a solvent. This option requires a good understanding of the hazardous properties of both materials to ensure that new or additional hazards are not introduced into the workplace by the replacement material.3. Reduction in the risk faced can be achieved by reducing the quantity of materials held in the workplace. This was recognised in the HFL Regulations that allow only sufficient flammable materials for the day or shift to be kept in the work area.4. Personal protection is the final option in the risk control hierarchy. This requires the issue to the exposed employee of equipment that will protect him only and may consist of a facemask, eye protection, safety shoes, bad weather clothing, etc. It must be seen as a last option after all the other options have been investigated and proved not feasible.The employee must be told of the hazards faced, be trained in the control measure in place and in the proper use of the equipment. Checks should be carried out periodically to ensure there is compliance with the rules associated with the use of protective equipment. The purchase of PPE may be a cheap

70

option, but the infrastructure necessary to ensure that it is properly used and maintained may be onerous.The risk control hierarchy should be applied to every identified hazard. The risk control method chosen need not be just one of the options but can be a combination of two or more. Consideration should also be given to the ease of use of the chosen control method and to the ease with which it can be defeated. For example, eliminating a hazard altogether is an option that nobody can defeat. By contrast, asking an employee to avoid harm by wearing a dust mask is a control measure that is easy to defeat – it is simply taken off when conditions become unbearably hot. The usefulness of the risk control hierarchy is enhanced when it is a part of a comprehensive risk management process, that is, when it forms part of an established management process.

6.3.2 Principles of the Management of RiskRisk management may be defined as the eradication or minimisation of the adverse effects of the pure risks to which an organisation is exposed. Pure risks can only result in a loss to the organisation, whereas with speculative risks, either gain or loss may result. An example of a pure – or static – risk concerns a build-up of combustible material in the corner of a large distribution warehouse. If a source of ignition is present in the vicinity, then the risk of fire spread is greatly enhanced by the build-up of combustible material, thus posing the threat of a large loss of stock caused by fire. There will also be consequential loss resulting from the fire to consider, e.g. loss of profit on goods in stock; loss of market share etc.An example of a speculative – or dynamic – risk concerns commodity purchasing. A company – speculating to accumulate – buys in quantities of a key raw material at price £x/tonne, as the price is favourable, hoping that a cost saving will be made, as the price is likely to increase in the future. The speculative risk may result in gain or loss, as the price of the raw material could continue to fall, after the purchase price has been agreed with the supplier. Alternatively, the price may rise to £(x + y)/tonne, thus achieving the anticipated saving.It should be borne in mind that the division between ‘pure’ and ‘speculative’ risks is not absolute. For example, the speculative risk of operating a machine without an adequate guard has a number of pure risks associated with it – injury; death; prohibition notices; prosecution; fines; loss of profit etc.The principles of a risk management programme are: risk identification, risk evaluation and risk control. (These three principles have been enshrined in recent health and safety legislation – e.g. Lead, Asbestos, COSHH, Noise, Manual Handling and Display Screen Equipment – and have brought risk management strategies and legislative compliance together.)

6.3.4. Risk management – role and process

The role of risk management in industry and commerce is to:

71

1. consider the impact of certain risky events on the performance of the organisation;

2. devise alternative strategies for controlling these risks and/or their impact on the organisation; and

3. relate these alternative strategies to the general decision framework used by the organisation.

The process of risk management involves: identification, evaluation and control.Risk identification may be achieved by a multiplicity of techniques, including physical inspections, management and worker discussions, safety audits, job safety analysis, and Hazop studies. The study of past accidents can also identify areas of high risk.Risk evaluation (or measurement) may be based on economic, social or legal considerations.Economic considerations should include the financial impact on the organisation of the uninsured cost of accidents, the effect on insurance premiums, and the overall effect on the profitability of the organization and the possible loss of production following the issue of Improvement and Prohibition Notices.Social and humanitarian considerations should include the general well-being of employees, the interaction with the general public who either live near the organisation’s premises or come into contact with the organisation’s operations – e.g. transportation, nuisance noise, effluent discharges etc. – and the consumers of the organisation’s products or services, who ultimately keep the organisation in business.Legal considerations should include possible constraints from compliance with health and safety legislation, codes of practice, guidance notes and accepted standards, plus other relevant legislation concerning fire prevention, pollution, and product liability.The probability and frequency of each occurrence and the severity of the outcome – including an estimation of the maximum potential loss – will also need to be incorporated into any meaningful evaluation.

6.4 Risk control strategiesRisk control strategies may be classified into four main areas: risk avoidance, risk retention, risk transfer and risk reduction.

1. Risk avoidanceThis strategy involves a conscious decision on the part of the organisation to avoid completely a particular risk by discontinuing the operation producing the risk and it presupposes that the risk has been identified and evaluated.For example, a decision may be made, subject to employees’ agreement, to pay all wages by cheque or credit transfer, thus obviating the need to have large amounts of cash on the premises and the inherent risk of a wages snatch.

72

Another example of a risk avoidance strategy – from the health and safety field – would be the decision to replace a hazardous chemical by one with less or no risk potential.

2. Risk retentionThe risk is retained in the organisation where any consequent loss is financed by the company. There are two aspects to consider under this heading: risk retention with knowledge, and risk retention without knowledge.(a) With knowledgeThis covers the case where a conscious decision is made to meet any resulting loss from within the organisation’s financial resources. Decisions on which risks to retain can only be made once all the risks have been identified and effectively evaluated.(b) Without knowledgeRisk retention without knowledge usually results from lack of knowledge of the existence of a risk or an omission to insure against it, and this often arises because the risks have not been either identified or fully evaluated.

3. Risk transferRisk transfer refers to the legal assignment of the costs of certain potential losses from one party to another. The most common way of effecting such transfer is by insurance. Under an insurance policy, the insurer (insurance company) undertakes to compensate the insured (organisation) against losses resulting from the occurrence of an event specified in the insurance policy (e.g. fire, accident etc.).The introduction of clauses into sales agreements whereby another party accepts responsibility for the costs of a particular loss is an alternative risk transfer strategy.

4. Risk reductionThe principles of risk reduction rely on the reduction of risk within the organisation by the implementation of a loss control programme, whose basic aim is to protect the company’s assets from wastage caused by accidental loss.

The collection of data on as many loss producing accidents as possible provides information on which an effective programme of remedial action can be based. This process will involve the investigation, reporting and recording of accidents that result in either injury or disease to an individual, damage to property, plant, equipment, materials, or the product; or those near-misses wherealthough there has been no injury, disease or damage, the risk potential was high.The second stage of the development towards risk reduction is achieved by bringing together all areas where losses arise from accidents – whether fire, security, pollution, product liability, business interruption etc. – and co-ordinating action with the aim of reducing the loss. This risk reduction strategy is synonymous with loss control.

73

6.5 Loss controlLoss control (or risk reduction) may be defined as a management system designed to reduce or eliminate all aspects of accidental loss that lead to a wastage of an organisation’s assets. Those assets include manpower, materials, machinery, methods, manufactured goods and money. As the emphasis on the economic argument increased, the technique of loss control has become more closely allied to financial matters, and in particular insurance.The bringing together of insurance (risk transfer) and loss control (risk reduction) was the final stage in the development of the new discipline of risk management. Loss control is based mainly on the economic approach to accident prevention, and loss control management is essentially the application of sound management techniques to the identification, evaluation and economic control of losses within a business. Loss control is synonymous with risk reduction, so the practical techniques associated with each stage of the process – i.e. identification, evaluation and control– are closely related.Loss control management involves the following:

1. The identification of risk exposure.2. The measurement and analysis of exposures.3. The determination of exposures that will respond to treatment by existing

or available loss control techniques or activities.4. The selection of appropriate loss control action based on effectiveness

and economic feasibility.5. The managing of the loss control programme implementation in the most

effective manner subject to economic constraints.

The component parts of a loss control programme may be considered in terms of protecting one or more of the organisation’s assets from accidental loss, and will generally include: injury prevention (safety); damage control; fire prevention; security; industrial health and hygiene; pollution; product liability; and business interruption. In practice, these areas – from injury prevention to business interruption– require being co-ordinated within one senior management function (possibly risk management) in order to ensure a rational and concerted approach to the problem of eliminating or reducing the costly accidental losses that can occur within an organisation.

6.6 Degrees of hazardAn awareness of the differing degrees of hazard to people will enable appropriate control measures to be developed and implemented.

Immediate physical danger can manifest itself through very short-term injury accidents – e.g. hand amputation in a power press; person falling from a height. The result of immediate physical danger – if it goes uncontrolled – will inevitably

74

be immediate physical injury. The enforcing agencies use the phrase ‘risk of imminent danger’ or ‘risk of serious personal injury’ in connection with the issuing of prohibition notices – a legal control measure designed to reduce the risk of immediate physical danger.Long-term physical danger is more cumulative or chronic than acute or short term. Cumulative back strain caused by poor kinetic handling techniques is an example of long-term physical injury.

Immediate chemical danger may be caused by strong acids and alkalis being poorly stored and handled, thus leading to a risk of skin contact and corrosive burns – i.e. immediate chemical injury.Long-term chemical danger is again chronic or cumulative – e.g. lead poisoning or exposure to asbestos fibres. The result is some form of occupational disease – i.e. long-term chemical injury.

Immediate biological danger may be caused by the presence of contagious diseases or via genetic manipulation. The result is again some form of occupation disease or illness.Long-term biological danger is usually cumulative in nature, for example noise-induced occupational deafness.

Immediate psychological danger is linked to short-term trauma – e.g. a disaster at home or work; social problems – domestic illness etc. This may result in a loss of concentration, abruptness with work colleagues, and other short-term stress-related symptoms.Long-term psychological danger may be linked to fears connected with fear of failure, unemployment/job security, or lack of career direction and motivation. The symptoms are similar to those described above, but often only become apparent over a longer timescale.

SELF-EVALUATION QUESTION:

Q1. Discuss the components of riskQ2. Describe the hierarchy of risk control

75

STUDY UNIT SEVEN

LEARNING OBJECTIVESAfter having worked through this study unit, students are expected to:

Appreciate the concepts in organisation and administration of risk management

Show an understanding of the organisation structure models

7.0 RISK MANAGEMENT: ORGANIZATION AND ADMINISTRATION FOR SAFETY

The identification and control of hazards does not occur in a vacuum. The methods and techniques of risk assessment may be well understood but they will be far from effective in reducing incidents and injury unless they are deployed within an effective management framework. Risk assessments result in changing the actions and behaviour of those affected. The behaviour change is sometimes mistakenly thought of as affecting shop floor employees only but directors, managers and supervisors are also affected. If risk assessments are to be effective the organisation as a whole needs to understand its roles and responsibilities. This factor is evident in the Factories Act, where various setions require the employer to provide safe systems of work, information, instruction, training and supervision. This can best be achieved through a proper organisation and administration. Thus, to derive the greatest benefit from safety activities, and particularly risk assessments, the organisational and administrative arrangements within the company should be clearly understood by all involved.

For any organisation to function effectively and successfully it is necessary that those who constitute that organisation understand the goals of the enterprise and identify with them. They should know where they fit into the executive structure and must be competent and confident in the work they have to do. This applies to all the many facets of the enterprise’s activities, whether production, financial, administrative or safety. There needs to be an understanding of the influences, both internal and from outside, that bear on the success of the component parts and the organisation as a whole. There should be an appreciation of the conflicts that can arise, their causes as well as the techniques that can be used to defuse the situation.

Similarly there needs to be an understanding and recognition of the informal structures and relationships that occur within the more formal imposed organisation structure. These informal arrangements very often ‘oil the wheels’ of commerce and keep the organisation running smoothly and effectively. While a firm structure is necessary to ensure a consistent direction of the efforts of the enterprise, that structure must not be so rigid that it cannot adjust to changes in the trading, economic, legislative and other aspects of the operating environment over which the enterprise has no control.

76

7.1 Organization Structure ModelsAn overall management structure needs to be established in order to achieve successful health and safety performance and the management of risks. An international health and safety management standard, ISO 18001, is available and it follows the general structure of the quality standard and the environment standard. An existing UK standard is a precursor which offers a scheme for integrating the elements of the international systems with the HSE guidance booklet. Both refer to the need for effective organisational and administrative processes.

7.1.1 Formal organisation structuresFor an enterprise to succeed it needs to have some sort of organization and the most common is hierarchical with authority flowing through definite channels from top management to the workpeople. How that power is exercised will be determined by the culture of the organisation, whether it is authoritarian or bureaucratic.

Organisation structures vary with the size and complexity of the enterprise. As profit margins are cut, there is a tendency to remove intermediate layers of management and supervision to reduce costs. The rationale is based upon the concept that it is only the shop floor operative who actually ‘adds value’ to the product or in providing a service. Other (higher) members of the management and supervisory hierarchy are engaged in planning, organising and monitoring.These tasks are seen as ‘burdens’ because they do not directly ‘add value’ but do add cost. The increasing use of electronic information technology is making

Board of Directors

Financial Director

Sales Director Manufacturing Director

Human Resources

DirectorResearch Director

Chief executive

Safety AdvisorHuman

Resources Manager

Engineering Manager

Distribution Manager

Production Manager

Purchasing Manager

Maintenance supervisor

Electrician

Fitter

Employee

Employee

Employee

77

some of the administrative tasks performed by managers and supervisors redundant allowing these roles in the organisation to be dispensed with.

As a further move at cost cutting, some organisations have ‘outsourced’ whole parcels of their operations. The original enterprise continues to assemble the final product or provide the service but employs only key people to fulfil essential administrative functions, the non-core functions being undertaken either by subcontractors or by people hired on contract. This type of arrangement applies more easily to engineering manufacture than it does to line production. There are moves for organisations to create ways of focusing only on the essential functions of their operations with the aim of having as few direct employees as possible. In parallel with this trend in organisational change, information technology is permitting more people to work from home. Employees in sales, purchasing, systems support, etc., are all able to do much of their work from home. While still on the direct payroll, they are removed to a significant degree from the day-today control of their supervisor or manager.

7.1.2 Informal organisation structureWithin any formal organisation will be found whole networks of informal organisations based on personal relationships, social needs, personal allegiances and sometimes a desire to be helpful in by-passing the formal organisation. These informal organisations are rarely committed to paper.They come into existence to serve a perceived need of those involved and may remain for many years or can disappear when the need is satisfied. The informal structure serves to improve communication and to develop non-official roles. It has an important part to play in the resolution of conflicts between roles and positions. Questions raised in the formal organisation often elicit answers that rely on the informal structure. Questions such as ‘what’s the best way to get this information?’ or ‘who can get this done?’ produce answers that cut right across the formal structure – but get the job done. Occasionally there is tacit recognition of the informal structure by the formal since the informal level allows for practical interpretation of rules and procedures that can otherwise place restrictions on achieving enterprise targets. This flexible interpretation of the formal rules may be to the common organisational good, but may also be detrimental where they concern safe working practices.

7.1.3 Roles and responsibilitiesEach person in an organisation should be confident of the role they have to play and aware of the degree of executive responsibility they bear. This responsibility must be limited to the extent of the control they have been authorised to exercise. While the company, as a legal entity, carries the overall legal responsibility and is answerable to the law of the land, individual employees carry executive responsibilities and are answerable to the Chief Executive or owner of the company. Executive responsibility can be delegated, legal responsibility cannot.

78

Factors to be taken into account when considering the extent of control exercised by an individual person are the authority and the power that the person has.

AuthorityA simple definition of authority is ‘legitimate power’ and Max Weber saw authority and its legitimacy as central to the question of organisational structure. He maintained that authority exists when instructions are obeyed in the belief that they are legitimate. In other words that they are justified and that obedience is the appropriate response. Weber classified authority into three kinds:

rational legal authority based upon rules and procedures and with bureaucracy as its purest form,

charismatical authority where the personality of the individual predominates, and

traditional authority founded on respect for custom and practice.

These three authority types are not mutually exclusive but can appear in any organisation at any hierarchical level.Authority often has at its base the rules and regulations that the organisation has drawn up to regulate its affairs, but for the authority to be effective relies on a number of presumptions:

that the rules exist and are accepted by those they are aimed at, that the rules are relevant to the particular circumstances, that the rules will be obeyed by every member of the organization

including those exercising the authority, and that the authority is vested in the office and not the individual.

A question that has frequently been debated but never resolved is the relationship between authority and responsibility. Which should come first? If authority is vested in an individual does responsibility follow or does the holding of responsibility grant the taking of authority? Common sense suggests a balance has to be struck if internal conflict is to be avoided and an organisation is to operate at its most effective.

PowerPower has been described as the capacity to influence others to do that which they would not have done voluntarily and is defined as ‘the capacity to make and carry out decisions even if other people resist.’ Power can derive from authority vested in a person by the organisation, the control of a desired product, such as money, or by virtue of special knowledge or expertise.There are at least three dimensions of power which are of practical importance: weight, domain and scope. He describes weight as the ability of an individual to affect the probability that another individual will act in a certain way under certain circumstances; domain as the span or number of individuals or groups influenced, and scope as the range of outcomes over which power can be exercised.

79

A safety adviser in a factory may have the power to cause a manager to abandon a particular production method or process immediately on his advice or at the other extreme so little power that his advice is completely ignored. The scope of his power may extend to authorizing production procedures within the factory but not extend to influencing basic safety matters that affect employees in their leisure pursuits, thus his domain encompasses the factory premises but does not extend outside it.The power referred to above is ‘power over’ – the exercising of control over the actions of others, but it is arguable whether this is as effective use of power as ‘power with’ – the concept of two people pulling in the same direction exerting greater force than one person trying to drive another.Each person may be seen to have a degree of power and authority. At the lowest levels of an organisation an individual may exercise formal power and authority only over his own individual actions. However, by his actions and behaviour, he may influence another employee, i.e. through the use of informal or personality power.Employees whose position places them in higher levels in the organisation exercise power through the formal recognition of their position which carries the appropriate authority. With this elevated level of control comes increased responsibility. An issue for people who hold higher positions in an organisation is the extent to which they should exercise control over particular and specific tasks delegated to subordinates.For example, it is not reasonable for an engineering manager to provide specific instructions and personally oversee a qualified electrician re-wiring a 220 V circuit. In most circumstances, the engineering manager will have discharged his responsibility by ensuring the electrician chosen for the job is competent in terms of training and experience. If, however, the task involved a 11 kV circuit, then much more vigorous steps need to be taken for the manager to discharge his responsibilities. These could include establishing a safe procedure of work including ensuring a risk assessment is carried out, the work people are competent and experienced in the particular work, ensuring isolation from live conductors and counter-signing the permit-to-work. The key skill of the manager is to be able to identify when the hazard and the risk demand specific action and ensure it is taken. Only then can the responsibility be discharged in a proper manner.In more complex circumstances there must still be one person in overall charge although he may delegate responsibility for a number of functions, including safety. When he does delegate, he must ensure the people concerned are competent and experienced in the area of responsibility they have been given.Roles and responsibilities are usually considered in relation to the position within the formal organisation structure. In recent years there has been a trend towards self-managed workgroups which have a much greater degree of control over the planning, organization and carrying out of the work.

80

SELF-EVALUATION QUESTIONS:

Q1. Discuss the organisation structure models

81

STUDY UNIT EIGHT

LEARNING OBJECTIVESAfter having worked through this study unit, students are expected to:

Appreciate the concepts in occupational hygiene Show an understanding of the classification of hazards

8.0 OCCUPATIONAL HEALTH AND HYGIENE8.1 Occupational hygieneOccupational hygiene is defined by the British Occupational Hygiene Society as: ‘the applied science concerned with the identification, measurement, appraisal of risk, and control to acceptable standards, of physical, chemical and biological factors arising in or from the workplace which may affect the health or well-being of those at work or in the community’. It is thus primarily concerned with the identification of health hazards and the assessment of risks with the crucial purpose of preventing or controlling those risks to tolerable levels. This relates both to the people within workplaces and those who might be affected in the surrounding local environment.

Occupational hygiene deals not only with obvious threats to health but also in a positive sense with the achievement of optimal ‘comfort conditions’ for workers, i.e. the reduction of discomfort factors which may cause irritation, loss of concentration, impaired work efficiency and general decreased quality of life. The American Industrial Hygiene Association in its corresponding definition begins: ‘Industrial hygiene is that science and art devoted to the recognition, evaluation and control . . .’ indicating that although much of occupational and industrial hygiene is underpinned by proven scientific theory, a considerable amount relies on ‘rule of thumb’; thus in the practical application of occupational hygiene, judgemental and other skills developed by the experienced practitioner are important.

8.2 Identification and Classification of HazardsBefore any occupational hygiene investigation is performed the purpose must be clearly defined. The purpose of an occupational hygiene investigation might be to identify possible hazards, to evaluate existing risks at the workplace, to prove compliance with regulatory requirements, to evaluate control measures or to assess exposure with regard to an epidemiological survey. This article is restricted to programmes aimed at identification and classification of hazards at the workplace. Many models or techniques have been developed to identify and evaluate hazards in the working environment. They differ in complexity, from simple checklists, preliminary industrial hygiene surveys, job-exposure matrices and hazard and operability studies to job exposure profiles and work surveillance programmes. No single technique is a clear choice for everyone, but all techniques have parts which are useful in any investigation. The

82

usefulness of the models also depends on the purpose of the investigation, size of workplace, type of production and activity as well as complexity of operations.

Identification and classification of hazards can be divided into three basic elements: workplace characterization, exposure pattern and hazard evaluation.

Workplace characterization A workplace might have from a few employees up to several thousands and have different activities (e.g., production plants, construction sites, office buildings, hospitals or farms). At a workplace different activities can be localized to special areas such as departments or sections. In an industrial process, different stages and operations can be identified as production is followed from raw materials to finished products.

Detailed information should be obtained about processes, operations or other activities of interest, to identify agents utilized, including raw materials, materials handled or added in the process, primary products, intermediates, final products, reaction products and by-products. Additives and catalysts in a process might also be of interest to identify. Raw material or added material which has been identified only by trade name must be evaluated by chemical composition. Information or safety data sheets should be available from manufacturer or supplier.

Some stages in a process might take place in a closed system without anyone exposed, except during maintenance work or process failure. These events should be recognized and precautions taken to prevent exposure to hazardous agents. Other processes take place in open systems, which are provided with or without local exhaust ventilation. A general description of the ventilation system should be provided, including local exhaust system.

When possible, hazards should be identified in the planning or design of new plants or processes, when changes can be made at an early stage and hazards might be anticipated and avoided. Conditions and procedures that may deviate from the intended design must be identified and evaluated in the process state. Recognition of hazards should also include emissions to the external environment and waste materials. Facility locations, operations, emission sources and agents should be grouped together in a systematic way to form recognizable units in the further analysis of potential exposure. In each unit, operations and agents should be grouped according to health effects of the agents and estimation of emitted amounts to the work environment.

Exposure patterns The main exposure routes for chemical and biological agents are inhalation and dermal uptake or incidentally by ingestion. The exposure pattern depends on frequency of contact with the hazards, intensity of exposure and time of exposure. Working tasks have to be systematically examined. It is important not

83

only to study work manuals but to look at what actually happens at the workplace. Workers might be directly exposed as a result of actually performing tasks, or be indirectly exposed because they are located in the same general area or location as the source of exposure. It might be necessary to start by focusing on working tasks with high potential to cause harm even if the exposure is of short duration. Non-routine and intermittent operations (e.g., maintenance, cleaning and changes in production cycles) have to be considered. Working tasks and situations might also vary throughout the year.

Within the same job title exposure or uptake might differ because some workers wear protective equipment and others do not. In large plants, recognition of hazards or a qualitative hazards evaluation very seldom can be performed for every single worker. Therefore workers with similar working tasks have to be classified in the same exposure group. Differences in working tasks, work techniques and work time will result in considerably different exposure and have to be considered. Persons working outdoors and those working without local exhaust ventilation have been shown to have a larger day-to-day variability than groups working indoors with local exhaust ventilation. Work processes, agents applied for that process/job or different tasks within a job title might be used, instead of the job title, to characterize groups with similar exposure. Within the groups, workers potentially exposed must be identified and classified according to hazardous agents, routes of exposure, health effects of the agents, frequency of contact with the hazards, intensity and time of exposure. Different exposure groups should be ranked according to hazardous agents and estimated exposure in order to determine workers at greatest risk.

Qualitative hazard evaluation Possible health effects of chemical, biological and physical agents present at the workplace should be based on an evaluation of available epidemiological, toxicological, clinical and environmental research. Up-to-date information about health hazards for products or agents used at the workplace should be obtained from health and safety journals, databases on toxicity and health effects, and relevant scientific and technical literature.

Material Safety Data Sheets (MSDSs) should if necessary be updated. Data Sheets document percentages of hazardous ingredients together with the Chemical Abstracts Service chemical identifier, the CAS-number, and threshold limit value (TLV), if any. They also contain information about health hazards, protective equipment, preventive actions, manufacturer or supplier, and so on. Sometimes the ingredients reported are rather rudimentary and have to be supplemented with more detailed information.

Monitored data and records of measurements should be studied. Agents with TLVs provide general guidance in deciding whether the situation is acceptable or not, although there must be allowance for possible interactions when workers

84

are exposed to several chemicals. Within and between different exposure groups, workers should be ranked according to health effects of agents present and estimated exposure (e.g., from slight health effects and low exposure to severe health effects and estimated high exposure). Those with the highest ranks deserve highest priority. Before any prevention activities start it might be necessary to perform an exposure monitoring programme. All results should be documented and easily attainable.

In occupational hygiene investigations the hazards to the outdoor environment (e.g., pollution and greenhouse effects as well as effects on the ozone layer) might also be considered.

Chemical, Biological and Physical Agents Hazards might be of chemical, biological or physical origin. In this section a brief description of the various hazards will be given together with examples of environments or activities where they will be found.Chemical agents Chemicals can be grouped into gases, vapours, liquids and aerosols (dusts, fumes, mists).Gases Gases are substances that can be changed to liquid or solid state only by the combined effects of increased pressure and decreased temperature. Handling gases always implies risk of exposure unless they are processed in closed systems. Gases in containers or distribution pipes might accidentally leak. In processes with high temperatures (e.g., welding operations and exhaust from engines) gases will be formed.Vapours Vapours are the gaseous form of substances that normally are in the liquid or solid state at room temperature and normal pressure. When a liquid evaporates it changes to a gas and mixes with the surrounding air. A vapour can be regarded as a gas, where the maximal concentration of a vapour depends on the temperature and the saturation pressure of the substance. Any process involving combustion will generate vapours or gases. Degreasing operations might be performed by vapour phase degreasing or soak cleaning with solvents. Work activities like charging and mixing liquids, painting, spraying, cleaning and dry cleaning might generate harmful vapours.Liquids Liquids may consist of a pure substance or a solution of two or more substances (e.g., solvents, acids, alkalis). A liquid stored in an open container will partially evaporate into the gas phase. The concentration in the vapour phase at equilibrium depends on the vapour pressure of the substance, its concentration in the liquid phase, and the temperature. Operations or activities with liquids might give rise to splashes or other skin contact, besides harmful vapours.Dusts

85

Dusts consist of inorganic and organic particles, which can be classified as inhalable, thoracic or respirable, depending on particle size. Most organic dusts have a biological origin. Inorganic dusts will be generated in mechanical processes like grinding, sawing, cutting, crushing, screening or sieving. Dusts may be dispersed when dusty material is handled or whirled up by air movements from traffic. Handling dry materials or powder by weighing, filling, charging, transporting and packing will generate dust, as will activities like insulation and cleaning work.Fumes Fumes are solid particles vaporized at high temperature and condensed to small particles. The vaporization is often accompanied by a chemical reaction such as oxidation. The single particles that make up a fume are extremely fine, usually less than 0.1 mm, and often aggregate in larger units. Examples are fumes from welding, plasma cutting and similar operations.Mists Mists are suspended liquid droplets generated by condensation from the gaseous state to the liquid state or by breaking up a liquid into a dispersed state by splashing, foaming or atomizing. Examples are oil mists from cutting and grinding operations, acid mists from electroplating, acid or alkali mists from pickling operations or paint spray mists from spraying operations.

SELF-EVALUATION QUESTIONS:

Q1. Describe the three basic elements in the Identification and classification of hazards

86

STUDY UNIT NINELEARNING OBJECTIVESAfter having worked through this study unit, students are expected to:

Be knowledgeable on the classes of occupational diseases Be able to identify and suggest measures to reduce occurrence of

the diseases

OCCUPATIONAL DISEASESLarge companies may employ a number of specialists in the field of health, hygiene and safety who co-operate as a team and pool their particular expertise, but in small firms the safety adviser is often the only local source of advice on these matters, other expertise being brought in when considered necessary.The task of safeguarding the health of persons at work is a formidable one especially during periods of rapid technological and organisational change. Thousands of chemical substances are used by industry and in commerce but only about 800 of those in common use have been recognised as presenting a risk to the health of workpeople.This component introduces some of the more important diseases and materials that cause them. Conveniently, these fall into four major areas covering illnesses and diseases due to:

chemical agents physical agents biological agents psycho-social causes

CHEMICAL AGENTSToxicologyThere is no such state as absolute safety in the use of chemicals since all chemicals are toxic to a degree depending on the dose. The toxicity of a substance is its potential to cause harm on contact with body tissues.Toxicology is the scientific study of the medical effects on living beings of poisons.

Portals of entryOccupational poisons gain entry to the body via the lungs, skin and sometimes the gut. Absorption of a poison depends on its physical state, particle size and solubility. Of the substances entering the lung some may be exhaled, coughed up and swallowed, attacked by scavenger cells and remain in the lung or enter the lymphatics. Soluble particles may be absorbed into the blood stream. The skin is protective unless abraded when soluble substances can penetrate to the dermis, as they may also do via the hair follicles, sweat and sebaceous glands, and then be absorbed into the blood stream.In pregnancy, harmful substances in the mother’s body may cross the placenta to affect the unborn baby.

87

EffectsEffects may be acute, i.e. of rapid onset and short duration; or chronic, i.e. of gradual onset and prolonged. They may be local, occurring at the site of contact only, or general following absorption. Toxic substances may disturb normal cell function, damage cell membranes, interfere with enzyme and immune systems, RNA and DNA activity. Pathological response may be irritant, corrosive, toxic, fibrotic, allergic, asphyxiant, narcotic, anaesthetic and neoplastic.

MetabolismMost substances absorbed will be carried by the blood stream to the liver where they may be rendered less harmful by a change in their chemical composition. However, some may be made more toxic, e.g. naphthylamine which is responsible for bladder cancer and tetra-ethyl lead which is converted into the tri-ethyl form and is toxic to the central nervous system.

ExcretionThe body eliminates harmful substances in the urine, lungs and less commonly the skin. Some are also excreted in the faeces and milk. The time taken to reduce the concentration of a substance in the blood by 50% is known as its biological half-life. Similarly, the time for a 50% fall in concentration of a substance or its metabolite in urine or breath, after cessation of exposure, is its half-life in that medium.

Factors influencing toxicityA number of factors are important when considering the toxic effect of a substance on the body. These include:

1. The inherent potential of a substance to cause harm.2. Its ease of body contact and entry: work method, particle size and

solubility. 3. Dose received (concentration and time of exposure).4. Metabolism in the body (bio-transformation) and its half-life.5. Susceptibility of the individual which depends on a number of factors:

(a) Body weight; the same dose of a substance is more damaging to the smaller person.(b) The extremes of age in the working population are more prone to skin damage.(c) Fair skinned persons are more liable than the dark skinned to chemically induced dermatitis, and to radiation induced skin cancer.(d) Physical and physiological differences between the sexes may cause a variation in toxic response.(e) Immunological, nutritional and genetic defects.(f) Failure to reach a set health standard for work may expose the individual to greater risk.(g) Inadequate level of training, information, supervision and protection.

88

EpidemiologyEpidemiology may be defined as the study and distribution of disease in human populations. The need for a study may be triggered by suspicions about an individual case, a complaint or the occurrence of a cluster of cases.An initial descriptive study of a cross-section of the affected population is undertaken to determine:

What is the disease

Who is affected (sex, age, race, social class and occupation)

Where does it occur (factory, workshop, room, laboratory, area of site)

When does it occur (time, day, shift)

How are persons infected (skin contact, airborne, body fluids)

From this study a hypothesis may be formed which needs to be tested by an analytical investigation involving a case-control study and a cohort study.A case-control study compares persons who have the disease with those without to establish whether the suspect cause occurs more frequently among those with than those without the disease.A cohort study compares those exposed to the suspect cause with those who are not to determine if more persons exposed to the cause develop the disease than those who are not.

DISEASES OF THE SKINNon-infective dermatitisThe term ‘dermatitis’ simply means an inflammation of the skin. When the condition is due to contact with a substance at work it is called ‘occupational’ or ‘industrial’ dermatitis. It is a common cause of occupational disease but the number of cases is declining owing to improved work conditions.The skin has two layers, the outer layer is called the ‘epidermis’ and the inner the ‘dermis’. The epidermis has a protective function. It consists of densely packed flat cells, thicker in some areas, like the palms of the hands, which are more subject to injury. It is covered by a moist film known as an ‘acid mantle’, made up of secretions from sweat and sebaceous glands, that helps to protect from acids, alkalis, excessive water, heat and friction by preventing the skin from drying out. The natural grease of the skin can be removed by solvents. In the deeper layer of the epidermis are pigment cells which produce the ‘tan’ following exposure to sunlight and protect the body from ultraviolet radiation.

Some persons are more susceptible to skin damage than others, particularly the young, those with soft, sweaty skin, the fair complexioned and those with poor personal hygiene. Occupational dermatitis can affect any part of the body, but the hands, wrists and forearms are most commonly involved. Damage to the skin

89

may follow exposure to chemical and biological substances as well as physical agents. Dermatitis is of two kinds: irritative and sensitising – the former is four times more common. Chemicals which cause irritative dermatitis include acids, alkalis, cement, solvents, some metals and their salts. Their effect on the skin depends on the concentration and duration of exposure, and will affect most people in contact with them. At first the response may be minor, but it worsens with repeated contact.Sensitisers, on the other hand, do not cause dermatitis until the individual has first become sensitised by them. This involves an allergic response in the tissues initially, dermatitis follows on subsequent exposure. Once sensitisation has occurred a small dose may be sufficient to cause a rash. Sensitisers include chrome-salts, nickel, cobalt, plastics made of epoxy, formaldehyde, urea or phenolic resins, rubber additives, some woods and plants. Some substances act as both irritant and sensitiser, e.g. chrome, nickel, turpentine and mercury compounds.

SymptomsThe onset of dermatitis may be unnoticed, especially as it usually clears up when away from work, i.e. at weekends and holidays. On return to work and further exposure the condition recurs, worsening with each subsequent contact. The skin, at first rough and raw, may itch, become cracked and sore, prompting the individual to seek medical advice. The rash may be diffuse, as with eczema, or pimple-like as with acne – the former following exposure to irritative and sensitising agents, and the latter from exposure to mineral oils, pitch and chlorinated hydrocarbons. Patch testing, in which a dilute quantity of chemical is applied to the skin under a plaster and left for several hours to see if a reaction develops, is useful only for determining allergic response to chemicals but requires specialist interpretation.

Protective measuresPersons with dermatitis or sensitive skin may need to be excluded from certain kinds of work. Good personal hygiene is essential and barrier creams may be helpful. Protective clothing should be considered.

Cancer of the scrotumThe first occupational skin cancer was reported by Percivall Pott in 1775, among chimney sweeps. In those days children were apprenticed to master sweeps to climb inside and clean chimneys; their skin became ingrained and their clothes impregnated with soot, and as they seldom washed or changed their clothes the skin was constantly irritated. From puberty onwards a ‘soot wart’ might appear on the scrotum and develop into a cancer. In 1820, Dr Paris wrote of the influence of arsenical fumes affecting those engaged in copper smelting in Cornwall and Wales, giving rise to a cancerous disease of the scrotum similar to that affectingsweeps. From 1870 a number of substances in a variety of industries were found to cause scrotal cancer – shale oil in those engaged in oil refining and cotton mule spinning; pitch and tar in those making briquettes from pitch-containing coal

90

dust; mineral oil used by engineers and gunsmiths, and paraffin in refinery workers. Others at risk include creosote-timber picklers and anthracene chemical workers, and also sheep-dippers using arsenic.Workers’ clothes become begrimed with the offending substance, making close contact with the scrotum, the wrinkled skin of which favours the harbouring of the carcinogen.The cancer begins as a wart, which enlarges and hardens, then breaks down into an ulcer with spread of malignant cells to neighbouring glands and other parts of the body. Skin cancer is often due to polycyclic aromatic hydrocarbon of the benzpyrene or benzanthracene type. It has also been attributed to sunlight, ionising radiation and arsenic compounds.

PreventionThe use of non-carcinogen oils: carcinogens can be removed from mineral oil by washing with sulphuric acid or solvents. Workers should be educated to avoid contact as much as possible. The use of splash guards on machinery, protective clothing, avoidance of an oily rag placed in a pocket, which could spread oil through the clothes to the scrotum. To wash the hands before toilet and to have a daily bath. Clothes should be kept reasonably clean and a laundry service provided, so that overalls can be changed once or twice a week as need requires. Workers should not wear their dirty overalls after duty, but be encouraged to change into their home clothes. Workers also should be medically examined prior to employment and periodically to ensure that their skin is clear, and be encouraged to report to the doctor any doubtful ‘wart’ that might appear.

Coal tar and pitchThe destructive distillation of coal yields a variety of products, depending on the temperature at which distillation takes place, e.g.

GAS Temp°C Product↑ 200 light oil

250 carbolic substancesAmmoniacal ← COA L → TAR ← 300 creosoteliquid ↓ 350 anthracene

↓

COKE Residue = pitch

Distillation at high temperatures results in aromatic polycyclic hydrocarbons retained in the pitch which are harmful to health. Pitch is used in many industries: briquetting of coal, roofing materials, waterproofing of wood, manufacture of electrodes, impermeable paper, optical lenses, dyestuffs and paints.

SymptomsExposure of a worker to pitch dust or vapour may harm the skin by causing irritation, tumour or dermatitis. Benign tumours or warts occur on exposed areas of skin, primarily the face, eyelids, behind the ears, the neck, arms and, occasionally, on the scrotum and thighs. Their recurrence is related to duration

91

and degree of exposure to pitch. Many regress spontaneously, especially those appearing early, but some undergo malignant change, particularly those appearing in the older age groups. They need to be removed and examined under the microscope, i.e. biopsied, to check for any malignant change. A variety of other skin conditions may occur such as darkening and thickening of the skin, acne, blackheads, cysts and boils, pitch burns and scarring. There is also a risk of damage to the cornea.

PreventionPitch dust and vapour must be avoided by transporting the raw material in a liquid or granular state and enclosing the process as far as possible. Workers require clean protective clothing for head, neck and forearms and eye protection should be worn. Employees ought to be warned of the risk, and advised to report any skin disease which develops. Good personal hygiene is essential and adequate wash and shower facilities need to be provided. Barrier creams applied before work are helpful. Those susceptible to warts should be excluded from further exposure, and each worker needs to be medically examined regularly to detect possible skin disorders.

DISEASES OF THE RESPIRATORY SYSTEMPneumoconiosisThe term pneumoconiosis means ‘dust in the lung’, but medically refers to the reaction of the lung to the presence of dust.

Respirable dust is that dust in the air which on inhalation may be retained by the lungs. The amount of dust retained depends on the duration of exposure, the concentration of dust in the respired air, the volume of air inhaled per minute and the nature of the breathing. Slow, deep respirations are likely to deposit more dust than rapid, shallow breathing. Dust in the lung causes a tissue reaction, which varies in nature and site according to the type of dust. Coal and silica dust involve the upper lungs whereas asbestos involves the lower lungs.

Beryllium dust causes acute and chronic symptoms. Early features are breathlessness, cough with bloody sputum and chest pain. Recovery follows removal from exposure, but a chronic state can develop insidiously with cough, breathlessness and loss of weight.

Organic dusts, such as mouldy hay, when inhaled cause a disease known as extrinsic allergic alveolitis with ‘flu-like symptoms; cough and difficulty in breathing occur within a few hours of exposure. Repeated exposure leads to further lung damage and chronic breathlessness.

Talc is a white powder consisting of hydrous magnesium silicate. Although some talc presents little risk to health, commercial grades may contain asbestos and quartz and provoke pneumoconiosis and lung cancer.

92

Cobalt combined with tungsten carbide forms a hard metal used for the cutting tips of machine tools and drills. Inhalation of the dust may give rise to fibrosis of the lungs causing cough, wheezing and shortness of breath.

Man-made mineral fibres irritate the skin, eyes and upper respiratory tract. A maximum exposure limit has been set based on the risk of lung cancer because a ‘no-adverse-effect’ level cannot be established with reasonable certainty.

SilicosisSilicosis: the commonest form of pneumoconiosis is due to the inhalation of free silica. Free silica (SiO2) or crystalline silica occurs in three common forms in industry: quartz, tridymite and cristobalite.

Industrial exposure occurs in mining, quarrying, stone cutting, sand blasting, some foundries, boiler scaling, in the manufacture of glass and ceramics and, for diatomite, in the manufacture of fluid filters.

Silicosis is the one form of pneumoconiosis which predisposes to tuberculosis, when additional symptoms of fever, loss of weight and bloody sputum may occur.

Medical surveillanceWhere exposure to free silica is a recognised hazard, a pre-employment medical is advised, which should enquire into previous history of dust exposure, of respiratory symptoms, with examination of the chest, lung function testing and a chest X-ray. The medical should be repeated periodically as circumstances demand.

PreventionReduction of the dust to the lowest level practicable and where necessary by the provision of personal respiratory protective equipment.

AsbestosisThere are three important types of asbestos, blue (crocidolite), brown (amosite) and white (chrysotile). Asbestosis is a reaction of the lung to the presence of asbestos fibres which, having reached the bronchioles and air sacs, cause a fibrous thickening in a network distribution, mainly in the lower parts of the lung. There follows a loss of elasticity in the lung tissue (relative to the concentration of fibres inhaled and the duration of exposure), resulting in breathing difficulty.Among those at risk are persons engaged in milling the ore, the manufacture of asbestos products, lagging, asbestos spraying, building, demolition, and laundering of asbestos workers’ overalls.Symptoms develop slowly after a period of exposure which varies from a few to many years. In some cases exposure may have begun so long ago that it cannot be recalled. Breathlessness occurs first and progresses as the lung loses its elasticity. There may be little or no cough and chest pain seldom occurs. The

93

individual becomes weak and distressed on effort and, eventually, even at rest. Unless periodic medicals are introduced the diagnosis will not be made until symptoms appear.Early diagnosis is essential in order to prevent further exposure and an exacerbation of the condition. Asbestosis predisposes to cancer of the bronchus, a risk increased by cigarette smoking. The chest should be X-rayed every two years and special lung function tests are helpful. Diagnosis depends on history of exposure, chest X-ray, lung function testing, symptoms and physical signs.

MesotheliomaMesothelioma is a malignant tumour of the lining of the lung (pleura) or abdomen (peritoneum). The abdominal form is less common. The disease is significantly related to exposure to asbestos, especially the blue and brown varieties. However, in some 10–15% of cases there is no such history of exposure13. Those at risk are miners, manufacturers of asbestos, builders and demolition workers, and even residents in the neighbourhood of blue asbestos working. While the exposure time may have been minimal, there is no safe threshold of dose below which there is no risk of asbestos-related disease. The onset of the disease is delayed by some 20 to 50 years.

Bronchial asthmaBronchial asthma is defined as breathlessness due to narrowing of the small airways and it is reversible, either spontaneously or as a result of treatment. It may follow inhalation of a respiratory sensitiser or an irritant toxic substance. Symptoms due to sensitisation may be delayed for weeks, months or even years; symptoms due to a toxic substance occur within hours of inhalation, resolve spontaneously but can persist indefinitely. Most cases of occupational asthma are due to sensitization by substances including:

Isocyanates. Flour and grain dust. Antibiotic manufacture. Hard wood dusts of cedar, oak and mahogany. Caster bean dust. Azodicarbonamide used in plastics. Glutaraldehyde, a cold disinfectant used in the health service. Persulphate salts or henna used in hair dressing. Crustaceans or fish products used in the food processing industry. Reactive dyes. Soya bean. Tea dust. Green coffee bean dust. Fumes from stainless steel welding.

STUDY UNIT TEN

94

LEARNING OBJECTIVESAfter having worked through this study unit, students are expected to:

Be knowledgeable on the classes of occupational diseases Be able to identify and suggest measures to reduce occurrence of

the diseases

DISEASES FROM METALSLeadLead (Pb) is a relatively common metal, mined chiefly as the sulphide (galena) in many countries – USA, Australia, USSR, Canada and Mexico. Lead has a great variety of uses, e.g. (percentages approximated from annual production figures issued by World Bureau of Metal Statistics, London):

Electric batteries 27% Electric cables 17% Sheet, pipe, tubes 16% Anti-knock in petrol 11% Solder and alloys 9% Pottery, plastics, glass, paint 4% Miscellaneous 15%

Lead, as a fume or dust hazard, is therefore met in many industries. The pure metal melts at 327°C and begins to fume at 500°C, but the presence of impurities alters these properties and may form a slag on its surface and thereby reduce fuming, except at higher temperatures. Particle size and solubility are important factors governing the absorption of lead via the lungs. In the gut, however, solubility differences of ingested compounds are of less significance. Among leadminers lead poisoning does not occur due to the insolubility of the sulphide ore.

Inorganic lead can enter the body by inhalation or ingestion. Up to about 50% of that inhaled is absorbed and only about 10% of that ingested. It is then transported in the blood stream and deposited in all tissues, but about 90% of it is stored in the bone. It is a cumulative poison; excretion is slow and occurs mainly in the urine and faeces. Because of the excretion of lead in the urine, kidney damage is a likely long-term effect

MercuryMercury (Hg) occurs naturally as the sulphide in the ore known as cinnabar, and also in the metallic form quicksilver. It is mined chiefly in Spain, but also in Italy, Russia, USA and elsewhere. The ore is not particularly hazardous to miners, as the sulphide is insoluble. Risk is greater in other industries, such as in the manufacture of sodium hydroxide and chlorine, electrical and scientific instruments, fungicides, explosives, paints and in dentistry.

Acute mercury poisoning is rare but can occur following the inhalation of quicksilver – it being very volatile at room temperature. There is particular risk should spillage occur in an enclosed space. About 80% of that inhaled can be absorbed17, and a few hours later there occurs cough, tight chest,

95

breathlessness and fever. Symptoms last a week or so, dependent upon degree of exposure, but its effects are reversible.

ChromiumChromium (Cr) is a silvery hard metal used in alloys and refractories. Chrome salts are used in dyeing, photography, pigment manufacture and cements. Electroplating tanks contain solutions of chromic acid which forms a mist during the electrolysis process.Chromates and dichromates used in cement manufacture and chromium plating may cause skin irritation or ulceration and chrome ulcers in the skin of the hands or in the inside of the nose where the ulcer may penetrate the cartilage of the nasal septum.

Arsenic (As)Inorganic arsenic compounds cause irritation of the skin and may produce skin cancer. It is used in alloys to increase hardness of metals, especially with copper and lead.

Manganese (Mn) and compoundsThis is used to make manganese alloy steels, dry batteries and potassium permanganate which is an oxidising agent and a disinfectant. Poisoning is rare and follows inhalation of the dust causing acute irritation of the lungs and affects the brain leading to impaired control of the limbs rather like Parkinson’s disease.

PESTICIDESInsecticidesVarious organo-phosphorus compounds are used; two of the commonest are demeton-S-methyl and chlorpyrifos. Poisoning causes headaches, nausea and blurred vision. Further symptoms include muscle twitching, cramps in the belly muscles, severe sweating and respiratory difficulties. Extreme exposure may lead to death.

All these effects are due to interference with a chemical enzyme called cholinesterase which is concerned with the passage of nerve impulses. The level of this enzyme in the worker’s blood can be measured and if it falls below a certain value the worker must be removed from contact with the chemical until his blood returns to normal. The appropriate protective clothing must be worn at all times when working with these materials.

HerbicidesCommonly used as a weedkiller (e.g. paraquat). Ingestion may result in damage to the liver, kidneys and lung. There is no antidote and death occurs in about half the cases.

SOLVENTS

96

A solvent is a liquid that has the power to dissolve a substance: water is a common example. In industry organic liquids are often used as solvents, and these are mainly hydrocarbons used as degreasing agents and in the manufacture of paints and plastics.Examples of solvents

1. Hydrocarbons(i) Aromatic Benzene; toluene; styrene(ii) Aliphatic Paraffin; white spirit

Aliphatic alcohols Methyl alcohol; ethyl alcoholAliphatic ketones Methyl-ethyl-ketoneAliphatic ethers Diethyl etherAliphatic esters Ethyl acetateAliphatic chlorinated Trichloroethylene; carbon tetrachloride

2. Non-hydrocarbons Carbon disulphide

All organic solvents are volatile and have a vapour density greater than one, i.e. their vapours are heavier than air and will therefore settle at floor level; this is important to note when considering ventilation. With the exception of the chlorinated hydrocarbons they tend to be flammable and explosive and in the liquid form most have specific gravities of less than one so will float on water. In the event of a fire, attempt should not be made to extinguish with water, as the solvent will float away and the fire will spread. The chlorinated solvents, being neither flammable nor explosive but heavier than water, have been used as fireextinguishants.

Solvents vary widely in their toxicological properties. In common they cause dermatitis by removing the natural grease from the skin, and narcosis by acting on the central nervous system; additionally some can damage the peripheral nerves, the liver and kidneys and interfere with blood formation and cardiac rhythm. Chlorinated solvents can decompose if exposed to a naked flame to produce acidic fumes (hydrochloric acid and small amounts of phosgene) which are harmful to the lungs. Any harmful effect is related to the amount of solvent absorbed.

Carbon tetrachlorideIts main use is in the manufacture of chlorofluorocarbons, also aerosols and refrigerants. It has been used in fire extinguishers and grain fumigation. Its use in dry cleaning has declined because of its toxicity. Carbon tetrachloride is absorbed into the blood mainly via the lungs, but also via the skin and gut.

In common with other solvents it has a narcotic effect, with features varying from headache and drowsiness to coma and death. Carbon tetrachloride can also cause damage to the kidneys and liver.

97

GASSINGIn the UK those gassing accidents that are reported annually occur in the following approximate order of frequency:1 Carbon monoxide2 Chlorine*3 Hydrochloric acid*4 Trichloroethylene5 Sulphur dioxide*6 Ammonia*7 Hydrogen sulphide*8 Phosgene9 Carbon dioxide10 Nitrous fumes11 Phosphorus oxychloride*12 Carbon tetrachloride*Highly soluble gases which will irritate the eyes and upper respiratory tract while the less soluble components pass further down the tract to irritate the lung tissue.

Asphyxia caused by gassing falls into two broad categories:

Simple: in which oxygen in the lungs is replaced by another gas such as carbon dioxide, nitrogen or methane.

Toxic: in which there is a metabolic interference with the oxygen taken up by the body. This occurs with gases such as carbon monoxide, hydrogen sulphide and hydrogen cyanide.

Oxygen deficiencyNormal respiration requires:

1. An adequate concentration and partial pressure of oxygen in the inspired air.

2. A clear airway to the lungs.3. Transfer of oxygen in the air sacs to the blood.4. The transport of oxygen by the red cells to the tissues.

Normal oxygen requirements depend on body size, activity and fitness, and interruption of the supply can occur through failure at any of the above indicated levels. Fresh air contains approximately 21% oxygen, 79% nitrogen, 0.03% carbon dioxide. Although inspired air contains 21% oxygen, that in the air sacs has only 14% which at sea level exerts sufficient partial pressure to cross the lung–blood barrier.At altitudes above sea level the percentage of oxygen in air is unaltered, but because the barometric pressure is less, the partial pressure of oxygen drops accordingly and makes breathing more difficult.

In confined spaces the oxygen concentration can fall by several means. It can be displaced by another gas, e.g. a simple asphyxiant such as carbon dioxide. In a disused and ill-ventilated coal mine the oxygen present could be used up in

98

oxidising the coal, resulting in a condition known as ‘black damp’. Combustion requires oxygen, so that in a confined space a flame will burn up the oxygen present. Similarly, oxygen can be ‘combusted’ by ordinary respiration of persons working in the space. Canister type respirators should not be worn in a confined space, because of the danger of a depletion of oxygen in the atmosphere; instead full breathing apparatus should be used.

OCCUPATIONAL CANCERCancer is a disorder of cell growth. It begins as a rapid proliferation of cells to form the primary tumour (neoplasm) which is either benign or malignant. If benign it remains localised, but may produce effects by pressure on neighbouring tissue. A malignant tumour invades and destroys surrounding tissue and spreads via lymph and blood streams to distant body parts (metastasis) such as the lung, liver, bone or kidney (secondary tumours). The patient becomes weak, anaemic and loses weight (cachexia). Pneumonia is the commonest form of death. The incidence of cancer increases with age and is responsible for 24% of all deaths.Cancer is caused either by the inheritance of an abnormal gene, or exposure to an environmental agent acting either directly or indirectly on the cell genes.Of all cancers, less than 8% are occupational and due to chemical and physical agents (see Table 3.2.1). Occupational cancers tend to occur after a long latent period of some 10–40 years and at an earlier age than spontaneous cancers.Some carcinogens act together (synergistically); an example is found in asbestos workers who smoke and are much more likely to develop cancer of the bronchus than those who do not.Table 3.2.1 Table of some causes of occupational cancer in manAgent Body site affected Typical occupation

Sunlight Skin Farmers and seamenAsbestos Lung, pleura, peritoneum Demolition workers, miners

2-naphthylamine Bladder Dye manufacture, rubber workers

Polycyclic aromatic hydrocarbons

Skin, lung Coal gas manufacture, workers exposed to tar

Hard wood dust Nasal sinuses Furniture manufacture

Leather dust Nasal sinuses Leather workers

Vinyl chloride monomer Liver PVC manufacture

Chromium fume Lung Chromate manufacture

Ionising radiations Skin and bone marrow Radiologists and radiographers

The classification of carcinogens is based on internationally agreed epidemiological and animal studies and are:Group 1 Carcinogenic to humans.

99

Group 2a Probably carcinogenic to humans with sufficient evidence from animal studies.

Group 2b Possibly carcinogenic to humans but absence of sufficient evidence from animal tests.

Group 3 Not classifiable as to its carcinogenicity to humans.Group 4 No evidence of carcinogenicity in humans or animals.

Although the total number of deaths from cancer has risen there is no evidence that the increase is due to the effect of industrial chemicals. The two most important factors leading to this increase appear to be the ever increasing number of lung cancer deaths due to smoking and fewer deaths from other causes such as infection thus putting more people at risk of developing cancer who otherwise would have died from other causes.

PHYSICAL AGENTSIn recent years there has been an increasing recognition of the harm that physical agents can do to the health of people at work. Injuries from this source now account for two-thirds of the new successful claims for industrial disease compensation.

Hand–arm vibration syndrome (HAVS)HAVS follows from exposure to vibrations in the range 2–1500 Hz which causes narrowing in the blood vessels of the hand, damage to the nerves and muscle fibres and to bones and joint31 evidenced by pain and stiffness in the joints of the upper arm. The impaired circulation of blood to the fingers leads to a condition known as vibration white finger (VWF). The most damaging frequency range is 5–350 Hz.

Ionising radiationsIonising radiations are so called because they produce ‘ions’ in irradiated body tissue. They also produce ‘free radicals’ which are parts of the molecule, electrically neutral but very active. The biological consequences of radiation depend on several factors:

1. The nature of the radiation – some radiations being more damaging than others. Alpha particles are not harmful until they enter the body by inhalation, ingestion or via a wound. Beta particles can penetrate the skin to about 1 cm and cause a burn. X-rays, gamma rays and neutrons can pass right through the body and cause damage on the way.

2. The dose and duration of exposure.3. The sensitivity of the tissue.4. The extent of the radiation.5. Whether it is external or internal.

Principles of control

100

The following simple precautions should be adopted to reduce to a minimum hazards from the use of radioactive materials:

1. Employ the smallest possible source of radiation.2. Ensure the greatest distance between source and person.3. Provide adequate shielding between source and person.4. Reduce exposure time to a minimum.5. Practice good personal hygiene where there is risk of absorption of

radioactive material.6. Personal sampling by use of (a) film badge and/or (b) thermal luminescent

dose meter.7. A dose of 15 mSv whole body in a year requires investigation of work

exposure and control procedures. A cumulative dose of 75 mSv within five years requires further investigation of work, personal circumstances, dose history and advice regarding further exposure to ionizing radiations.

Noise-induced hearing lossNoise is commonly defined as unwanted sound. The definition is dependent on individual interpretation and may or may not include the recognition that some sounds produce harmful effects. Some ‘sounds’ cause annoyance, fright, or stress; others may interfere with communication. Loud sounds can cause deafness. ‘Noise’-induced deafness is of two kinds: temporary and permanent.Temporary deafnessExposure to noise levels of about 90 dBA for even a few minutes may induce a temporary threshold shift (change of the threshold at which sound can just be heard), lasting from seconds to hours, and which can be detected by audiometry. Temporary threshold shift (TTS) may be accompanied by ‘noises’ in the ears (tinnitus) and may be a warning sign of susceptibility to permanent threshold shift (PTS) which is an irreversible deafness.Permanent deafnessThe onset of permanent deafness may be sudden, as with very loud explosive noises, or it may be gradual. A gradual onset of deafness is more usual in industry and may be imperceptible until familiar sounds are lost, or there is difficulty in comprehending speech. There is a risk too that a person exposed to excessive noise may believe himself to be adjusting to it when, in fact, partial deafness has already developed.

WORKING IN HEATNormally the human body maintains its core temperature within the range 36–37.4°C by balancing its heat gains and losses. Maintaining an employee’s health in a hot environment requires the control of air temperature and humidity, body activities, type of clothing, exposure time and ability to sweat. To sweat freely the individual must be fit, acclimatised to the heat with sufficient water intake to ensure a urine output of about 2 1⁄2 pints per day. When the air temperature reaches 35°C plus, the loss of body heat is by sweating only, but this may be difficult when humidity reaches 80% or more.Body reactions to overheating are:

101

An increase in pulse rate. The rate should fall by 10 beats/minute on cessation of exposure.

Muscle cramp due to insufficient salt intake. Exhaustion with the individual feeling unwell and perhaps confused.

Fainting and dizziness with pallor and sweating. Heat stroke is the most serious with the body temperature very high, the

skin dry and flushed. Dehydration due to insufficient fluid intake. Prolonged dehydration may

lead to the formation of stones in the kidney.Following first aid care, the patient needs to be referred to a doctor.

102

STUDY UNIT ELEVENLEARNING OBJECTIVESAfter having worked through this study unit, students are expected to:

Be knowledgeable on the classes of occupational diseases Be able to identify and suggest measures to reduce occurrence of

the diseases

WORKPLACE BIOHAZARDS The assessment of biohazards in the workplace has been concentrated on agricultural workers, health-care workers and laboratory personnel, who are at considerable risk of adverse health effects. The compilation of biohazards below shows how widespread the risks can be to workers in many other occupations as well.

  Table: Occupational settings with potential exposure of workers to biological agents  Sector Examples Agriculture Cultivating and harvesting

Breeding and tending animals Forestry Fishing

Agricultural products Abattoirs, food packaging plants Storage facilities: grain silos, tobacco and other processing Processing animal hair and leather Textile plants Wood processing: sawmills, papermills, cork factories

Laboratory animal care   Health care Patient care: medical, dental

  Pharmaceutical and herbal products

 

Personal care Hairdressing, chiropody Clinical and research laboratories   Biotechnology Production facilities Day-care centres   Building maintenance “Sick” buildings Sewage and compost facilities   Industrial waste disposal systems  

  Source: Dutkiewicz et al. 1988.

103

Micro-organisms Micro-organisms are a large and diverse group of organisms that exist as single cells or cell clusters. Microbial cells are thus distinct from the cells of animals and plants, which are unable to live alone in nature but can exist only as parts of multicellular organisms.   Four broad classes of micro-organisms that can interact with humans are bacteria, fungi, viruses and protozoa. They are hazardous to workers due to their wide distribution in the working environment. There are three major sources of such microbes:   1. those arising from microbial decomposition of various substrates associated with particular occupations (e.g., mouldy hay leading to hypersensitivity pneumonitis) 2. those associated with certain types of environments (e.g., bacteria in water supplies) 3. those stemming from infective individuals harbouring a particular pathogen (e.g., tuberculosis).   Some Occupational Settings with Biohazards Medical and laboratory staff and other health-care workers, including related professions, are exposed to infection by micro-organisms if the appropriate preventive measures are not taken. Hospital workers are exposed to many biological hazards, including human immunodeficiency virus (HIV), hepatitis B, herpes viruses, rubella and tuberculosis.   Work in the agricultural sector is associated with a wide variety of occupational hazards. Exposure to organic dust, and to airborne micro-organisms and their toxins, may lead to respiratory disorders. These include chronic bronchitis, asthma, hypersensitivity pneumonitis, organic dust toxic syndrome and chronic obstructive pulmonary disease. Dutkiewicz and his colleagues (1988) studied samples of silage for the identification of potential agents causing symptoms of organic and toxic syndrome. Very high levels of total aerobic bacteria and fungi were found. Aspergillus fumigatus predominated among the fungi, whereas bacillus and gram-negative organisms (Pseudomonas, Alcaligenes, Citrobacter and Klebsiella species) and actinomycetes prevailed among the bacteria. These results show that contact with aerosolized silage carries the risk of exposure to high concentrations of micro-organisms, of which A. fumigatus and endotoxin-producing bacteria are the most probable disease agents.   Short-term exposures to certain wood dusts may result in asthma, conjunctivitis, rhinitis or allergic dermatitis. Some thermophilic micro-organisms found in wood are human pathogens, and inhalation of ascomycete spores from stored wood chips has been implicated in human illnesses.   Examples illustrative of specific working conditions follow:

104

  1. The fungus Penicillium camemberti var. candidum is used in the production of some types of cheese. The high frequency of precipitating antibodies of this fungus in the workers’ blood samples, together with the clinical causes of the airway symptoms, indicate an aetiological relationship between airway symptoms and heavy exposure to this fungus (Dahl et al. 1994). 2. Micro-organisms (bacteria and fungi) and endotoxins are potential agents of occupational hazard in a potato processing plant (Dutkiewicz 1994). The presence of precipitins to microbial antigens was significantly correlated with the occurrence of the work-related respiratory and general symptoms that were found in 45.9% of the examined workers. 3. Museum and library personnel are exposed to moulds (e.g., Aspergillus, Penicillium) which, under certain conditions, contaminate books (Kolmodin-Hedman et al. 1986). Symptoms experienced are attacks of fever, chill, nausea and cough. 4. Ocular infections can result from the use of industrial microscope eyepieces on multiple shifts. Staphylococcus aureus has been identified among the micro-organism cultures (Olcerst 1987).   An understanding of the principles of epidemiology and the spread of infectious disease is essential in the methods used in the control of the causing organism.   Preliminary and periodic medical examinations of workers should be carried out in order to detect biological occupational diseases.

Vertebrates: Snakes and Lizards In hot and temperate zones, snakebites may constitute a definite hazard for certain categories of workers: agricultural workers, woodcutters, building and civil engineering workers, fishermen, mushroom gatherers, snake charmers, zoo attendants and laboratory workers employed in the preparation of antivenom serums. The vast majority of snakes are harmless to humans, although a number are capable of inflicting serious injury with their venomous bites; dangerous species are found among both the terrestrial snakes (Colubridae and Viperidae) and aquatic snakes (Hydrophiidae).   According to the World Health Organization (WHO 1995), snakebites are estimated to cause 30,000 deaths per year in Asia and about 1,000 deaths each in Africa and South America. More detailed statistics are available from certain countries. Over 63,000 snakebites and scorpion stings with over 300 deaths are reported yearly in Mexico. In Brazil, about 20,000 snakebites and 7,000 to 8,000 scorpion stings occur annually, with a case-fatality rate of 1.5% for snake bites and between 0.3% and 1% for scorpion stings. A study in Ouagadougou, Burkina Faso, showed 7.5 snakebites per 100,000 population in peri-urban areas and up to over 69 per 100,000 in more remote areas, where case-fatality rates reached 3%.  

105

Snakebites are a problem also in developed parts of the world. Each year about 45,000 snakebites are reported in the United States, where the availability of health care has reduced the number of deaths to 9-15 per year. In Australia, where some of the world’s most venomous snakes exist, the annual number of snakebites is estimated at between 300 and 500, with an average of two deaths. should wear foot and leg protection and be provided with monovalent or polyvalent antivenom serum. It is recommended that persons working in a danger area at a distance of over half-an-hour’s travel from the nearest first-aid post should carry an antivenom kit containing a sterilized syringe. However, it should be explained to workers that bites even from the most venomous snakes are seldom fatal, since the amount of venom injected is usually small. Certain snake charmers achieve immunization by repeated injections of venom, but no scientific method of human immunization has yet been developed.

Many national occupational standards include biological hazards in their definition of harmful or toxic substances. However, in most regulatory frameworks, biological hazards are chiefly restricted to micro-organisms or infectious agents. Several US Occupational Safety and Health Administration (OSHA) regulations include provisions on biological hazards. The most specific are those concerning hepatitis B vaccine vaccination and blood-borne pathogens; biological hazards are also covered in regulations with a broader scope (e.g., those on hazard communication, the specifications for accident prevention signs and tags, and the regulation on training curriculum guidelines).   Although not the subject of specific regulations, the recognition and avoidance of hazards relating to animal, insect or plant life is addressed in other OSHA regulations concerning specific work settings-for example, the regulation on telecommunications, the one on temporary labour camps and the one on pulpwood logging (the latter including guidelines concerning snake-bite first-aid kits).

PSYCHO-SOCIAL DISORDERSThis group is probably the largest group of occupational diseases. It stems from the complex interaction of individual, social and work factors and is responsible for a great amount of sickness absence. StressStress is a reaction of the body to external stimuli ranging from the apparently normal to the overtly ill health. It varies with the individual personality but is one of the commonest occupational diseases.The initial response is physiological and shows as an increase in pulse, blood pressure and respiratory rates. Although the body adjusts, persisting stimuli cause fatigue and the display of signs of ‘overstress’ with sweating, anxiety, tremors and dry mouth. There is difficulty in relaxing, a loss of concentration, appetite is impaired and sleep disturbed. Some may eventually become depressed, aggressive and try to avoid the cause through absenteeism or the

106

use of alcohol or drugs. Other diseases may appear affecting the skin, peptic ulcer and coronary heart disease. Studies have identified two personality groups: type A people who are competitive, impatient achievers and who are at greatest risk from the severe effects of stress, whereas type B people are easy-going, patient and less susceptible to pressure. Causes of stress may be considered under a number of headings:The person- lack of physical and mental fitness to do the job; inadequate

training or skill for the particular job; poor reward and prospects; financial difficulties; fear of redundancy; lack of security in the job; home and family problems; long commuting distances.

Work demand- long hours; shift work; too fast or too slow a pace; boring repetitive work; isolation; no scope for initiative or responsibility.

Environment – noise; heat; humidity; fumes; dust; poor ventilation; diminished oxygen; confined space; heights; poor house-keeping; bad ergonomic design.

Organisation – poor industrial relations, welfare services and communications; inconsiderate supervision; remote management.

Common occupational causes of stress are sustained uncertainty, frustration and conflict. Stress has been given a ‘social rating scale’

death of a spouse 100divorce 73marital separation 65injury/disease 53dismissal 47financial difficulties 38work responsibilities 29

[adopted from Holmes, T.H. and Rahe, R.H., Journal of Psychosomatic Research, 213–218 (1967)]

107

108

STUDY UNIT FOURTEEN

SAFETY: GENERAL PROVISIONS ON FENCENCING AND PRIME MOVERS

Every flywheel directly connected to any prime mover and every moving part of any prime mover, except such prime movers as are mentioned in subsection (3), shall be securely fenced, whether the flywheel or prime mover is situated in an engine-house or not. The head and tail race of every water wheel and of every water turbine shall be securely fenced. Every part of any electric generator, motor and rotary converter, and every flywheel directly connected thereto, shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced. Every part of any transmission machinery shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced. Efficient devices or appliances shall be provided and maintained in every room or place where work is carried on by which the power can promptly be cut off from the transmission machinery in that room or place Every machine intended to be driven by mechanical power shall be provided with an efficient starting and stopping appliance, the control of which shall be in such a position as to be readily and conveniently operated by the person operating the machine. No driving-belt when not in use shall be allowed to rest or ride upon a revolving shaft which forms part of the transmission machinery. Suitable striking gear or other efficient mechanical appliance shall be provided and maintained and used to move driving-belts to and from fast and loose pulleys which form part of the transmission machinery, and any such gear or appliances shall be so constructed, placed and maintained as to prevent the driving-belt from creeping back on to the fast pulley.

The Commissioner may, subject to any conditions therein specified, issue a certificate of exemption from compliance with any of the requirements of subsections and in any case where he is satisfied that compliance with the requirement is unnecessary or impracticable. Every dangerous part of any machinery, other than prime movers and transmission machinery, shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced. Any part of a stock-bar which projects beyond the head-stock of a lathe shall be securely fenced unless it is in such a position as to be as safe to every person employed or working on the premises as it would be if securely fenced.

Where the Commissioner is satisfied that there is available and suitable for use in connection with machinery of any class any type or description of safety device, he may by order direct that that type or description of device shall be provided for use, either instead of or in addition to any fencing, in connection with such class of machinery as may be specified in the order.Subject to the provisions of subsection (2), in determining, for the purposes of the foregoing provisions of this Part, whether any part of machinery is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced- Provisions as to unfenced machinery

109

No account shall be taken of any person carrying out, while the part of machinery is in motion, an examination thereof or any lubrication or adjustment shown by such examination to be immediately necessary, if the examination, lubrication or adjustment can only be carried out while the part of machinery is in motion; and in the case of any part of transmission machinery used in any process with respect to which the Commissioner has certified in writing that owing to the continuous nature of such process the stopping of that part would seriously interfere with the carrying on of the process in such factory, no account shall be taken of any person carrying out, by such methods and in such circumstances and subject to such conditions as may be specified in the certificate, any lubrication or any mounting or shipping of belts.

shall only apply where-

(a) the examination, lubrication or other operation is carried out by a male person who-(i) has attained the apparent age of eighteen years;(ii) has been appointed by the occupier of the factory, by prescribed certificate attached to the general register, to carry out such examination, lubrication or other operation, and has been furnished by the occupier with a signed copy of such certificate;(iii) has been sufficiently trained for the purposes of the work entailed by, and is acquainted with the dangers of moving machinery arising in connection with, such examination, lubrication or other operation; and(iv) has been provided by the occupier with and is wearing a close-fitting single-piece garment in good repair, which is fastened by means having no exposed loose ends and has no external pockets other than a hip-pocket;

(b) another person, instructed as to the steps to be taken in case of emergency, is immediately available within sight or hearing of any person carrying out such examination, lubrication or other operation; and

(c) any ladder in use for the carrying out of such examination, lubrication or other operation is securely fixed or lashed or is firmly held by a person standing at the foot of the ladder.

CONSTRUCTION AN MAINTENANCE OF FENCES All fencing and other safeguards provided in pursuance of the foregoing provisions of this Part shall be of substantial construction, and constantly maintained and kept in position while the parts required to be fenced or safeguarded are in motion or use, except when any such parts are necessarily exposed for examination and for any lubrication or adjustment shown by such examination to be immediately necessary and all conditions imposed by or under section thirty are complied with. Every prime mover and other machine, being a machine intended to be driven by mechanical power, shall be so constructed that the following parts of such prime mover or machine are securely fenced or are in such a position or are of such construction as to be as safe as they would be if they were securely fenced:

110

All revolving shafts (including journal ends), flywheels, couplings, toothed gearing, friction gearing, belt and pulley drives, chain and sprocket drives, cams, crank arms and slide blocks and all projecting screws, bolts or keys on any moving part:

Provided that the foregoing requirements shall not apply to a pulley, coupling or other part of a prime mover or machine intended for connecting to the prime mover or machine means of transmitting motion from the prime mover or from or to the machine, as the case may be, other than means of transmitting motion from the prime mover to the machine where the prime mover and machine are constructed as a combined unit appliance. Every prime mover and other machine, being a machine intended to be driven by mechanical power, shall be so constructed that every lever, handle, switch or other device whose accidental movement or displacement is liable to cause danger, shall, where practicable (unless it is so placed or the appliance is so constructed as to prevent accidental movement or displacement) be provided with a suitable spring or other locking or shrouding arrangement to prevent the accidental movement or displacement. Any person who, after the expiry of a period of two years from the commencement of this Act, sells or lets on hire, or as agent of the seller or hirer causes or procures to be sold or let on hire, for use in a factory in Zambia, any prime mover, or other machine intended to be driven by mechanical power, which does not comply with the requirements of subsections (1) and (2) shall be guilty of an offence and liable to a fine not exceeding one thousand five hundred penalty units. Nothing in this section shall be deemed to relieve the occupier of a factory of any responsibility placed on him under this Act in relation to any machinery used in that factory. The Minister may by regulations extend the provisions of subsection (3) to plant which does not comply with such requirements of this Act or of any regulations made there under as may be specified in the regulations, and any regulations made under this subsection may relate to plant in a specified process. An offence under subsection (3) or (5) shall, where necessary for the purpose of conferring jurisdiction on any court to entertain proceedings for the offence, be deemed to have been committed in the place where the machine or, as the case may be, the plant, is for the time being. Every fixed vessel, structure, sump or pit of which the edge is less than one metre above the highest ground or platform from which a person might fall into it shall, if it contains any scalding, corrosive or poisonous liquid, or any molten metal, either be securely covered or be securely fenced to at least one metre above that ground or platform, or where by reason of the nature of the work neither secure covering nor secure fencing to that height is practicable, all practicable steps shall be taken by covering, fencing or other means to prevent any person from falling into the vessel, structure, sump or pit. Vessels containing dangerous substances . Every such vessel, structure, sump or pit as is mentioned in subsection (1) shall be clearly indicated by a warning notice bearing in red letters in English and in at least one vernacular language commonly used by the employees in the factory, the word "DANGER".

111

Where any fixed vessel, structure, sump or pit contains any scalding, corrosive or poisonous liquid or any molten metal, but is not securely covered, no ladder, stair or gangway shall be placed above, across or inside it which is not-

(a) at least five hundred millimetres wide; and

(b) securely fenced on both sides to a height of at least one metre and securely fixed.

Where any vessels, structures, sumps or pits adjoin and one or more of them contains any scalding, corrosive or poisonous liquid or any molten metal, and the space between them, clear of any surrounding brick or other work, is less than five hundred millimetres in width or is not securely fenced on both sides to a height of at least one metre, secure barriers shall be so placed as to prevent passage between them. For the purposes of this section, a ladder, stair or gangway shall not be deemed to be securely fenced unless it is provided with sheet fencing or with an upper and a lower rail and toe-boards, or, where appropriate, with suitable safety hoops or cages. The Minister may by regulations extend any of the provisions of this section so as to make them applicable-

(a) to a vessel or structure which is not fixed; or

(b) to a vessel, structure, sump or pit containing a substance which is not a liquid; and, in relation to any substance which is not a liquid, the expression "scalding", in a provision extended under paragraph (b), shall be taken to mean "likely to cause burns"

The Minister may by order exempt from the requirements of this section any class of vessel, structure, sump or pit in the case of which he is satisfied that the requirements are unnecessary or in appropriate.No traversing part of any self-acting machine and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, whether in the course of his employment or otherwise, be allowed on its outward or inward traverse to run within a distance of five hundred millimetres from any fixed structure not being part of the machine. All practical steps shall be taken by instructions to the person in charge of the machine and otherwise to ensure that no person employed shall be in the space between any traversing part of a self-acting spinning mule and any fixed part of the machine towards which the traversing part moves on the inward run, except when the machine is stopped with the traversing part on the outward run.(As amended by No. 20 of 1974)

112

TRAINING AND SUPERVISION OF INEXPERIENCED WORKERS

No person is under the laws employed at any machine or in any process, being a machine or process liable to cause bodily injury, unless he has been fully instructed as to the dangers likely to arise in connection therewith and the precautions to be observed, and-(a) has received a sufficient training in work at the machine or in the process; or(b) is under adequate supervision by a person who has a thorough knowledge and experience of the machine or process. All floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained and shall, so far as is reasonably practicable, be kept free from any obstruction and from any substance likely to cause persons to slip. 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 of a staircase which, owing to the nature of its construction 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.

(3) Any open side of a staircase shall also be guarded by the provision and maintenance of a lower rail or other effective means.

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

(5) All ladders shall be soundly constructed and properly maintained and shall, where liable to slip, be properly secured or fitted with effective devices to prevent skidding, or be firmly held by a person stationed at the foot of the ladder.

37. (1) There shall, so far as is reasonably practicable, be provided and maintained safe means of access to and egress from every place at which any person has at any time to work, and every such place shall, so far as is reasonably practicable, be made and kept safe for any person working there. Safe means of access and safe place of employment

(2) Sufficient clear and unobstructed space shall be maintained at every machine while in motion to enable work to be carried on without unnecessary risk to any person.

(3) Where any person has to work at a place from which he will be liable to fall a distance exceeding two metres 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 otherwise, for ensuring his safety.(As amended by No. 20 of 1974)

113

38. (1) The provisions of subsections (2) to (7) shall have effect where work in any factory has to be done inside any chamber, tank, tank-wagon, vat, pit, pipe, flue, or other confined space in which dangerous fumes are liable to be present to such an extent as to involve risk of persons being overcome thereby. Precautions in places where dangerous fumes are liable to be present

(2) The confined space shall be provided with adequate means of egress.

(3) Subject to subsection (4), no person shall enter or remain in the confined space for any purpose unless he is wearing a suitable breathing apparatus and has been authorised to enter by a responsible person, and, where practicable, he is wearing a belt with a rope securely attached and a person keeping watch outside and capable of pulling him out is holding the free end of the rope.

(4) Where the confined space has been certified by a responsible person as being, for a specified period, safe for entry without breathing apparatus and the period so specified has not expired, the aforementioned provisions of this section shall not apply, but no person shall enter or remain in the space unless he has been warned when that period will expire.

(5) A confined space shall not be certified under subsection (4) unless-

(a) effective steps have been taken to prevent any ingress of dangerous fumes;

(b) any sludge or other deposit liable to give off dangerous fumes has been removed and the space contains no other material liable to give off dangerous fumes; and

(c) the space has been adequately ventilated and tested for dangerous fumes and has a supply of air adequate for respiration; but no account shall be taken for the purposes of paragraph (b) of any deposit or other material liable to give off dangerous fumes in insignificant quantities only.

(6) There shall be provided and kept readily available a sufficient supply of suitable breathing apparatus, of belts and ropes, and of suitable reviving apparatus and oxygen, and the apparatus and belts and ropes shall be maintained and shall be thoroughly examined by a competent person at least once a month.

114

(7) A sufficient number of persons employed shall be trained and practised in the use of the apparatus mentioned in subsection (6) and in a method of restoring respiration.

(8) The Commissioner may by certificate grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of the foregoing provisions of this section in any case where he is satisfied that compliance with those requirements is unnecessary or impracticable.

(9) No person shall enter or remain in any confined space in which the proportion of oxygen in the air is liable to have been substantially reduced unless either-

(a) he is wearing a suitable breathing apparatus; or

(b) the space has been and remains adequately ventilated and a responsible person has tested and certified it as safe for entry without breathing apparatus.

(10) No work shall be permitted in any boiler-furnace or boiler-flue until it has been sufficiently cooled by ventilation or otherwise to make work safe for the persons employed.

39. (1) Where, in connection with any grinding, sieving or other process giving rise to dust, there may escape dust of such character and to such an extent as to be liable to explode on ignition, all practicable steps shall be taken to prevent such an explosion by enclosure of the plant used in the process, and by removal or prevention of accumulation of any dust that may escape in spite of the enclosure, and by exclusion or effective enclosure of possible sources of ignition. Precautions with respect to explosive or inflammable dust, gas, vapour or substance

(2) Where there is present in any plant used in any such process as aforesaid dust of such a character and to such an extent as to be liable to explode on ignition, then, unless the plant is so constructed as to withstand the pressure likely to be produced by any such explosion, all practicable steps shall be taken to restrict the spread and effects of such an explosion by the provision, in connection with the plant, of chokes, baffles and vents or other equally effective appliances.

115

(3) Where any part of a plant contains any explosive or inflammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened, except in accordance with the following provisions:

(a) before the fastening of any joint of any pipe connected with the part of the plant or the fastening of the cover of any opening into the part is loosened, any flow of the gas or vapour into the part or into any such pipe shall be effectively stopped by a stop-valve or otherwise;

(b) before any such fastening as aforesaid is removed, all practicable steps shall be taken to reduce the pressure of the gas or vapour in the pipe or part of the plant to atmospheric pressure;and if any such fastening has been loosened or removed, no explosive or inflammable gas or vapour shall be allowed to enter the pipe or part of the plant until the fastening has been secured, or, as the case may be, securely replaced:

Provided that this subsection shall not apply to plant installed in the open air.

(4) No plant, tank or vessel which contains or has contained any explosive or inflammable substance shall be subjected-

(a) to any welding, brazing or soldering operation;

(b) to any cutting operation which involves the application of heat; or

(c) to any operation involving the application of heat for the purpose of taking apart or removing the plant, tank or vessel or any part of it;until all practicable steps have been taken to remove the substance and any fumes arising from it, or to render them non-explosive or non-inflammable; and if any plant, tank or vessel has been subjected to any such operation, no explosive or inflammable substance shall be allowed to enter the plant, tank or vessel until the metal has cooled sufficiently to prevent any risk of igniting the substance.

(5) The Commissioner may by certificate grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of subsections (3) and (4) in any case where he is satisfied that compliance with the requirement is unnecessary or impracticable.

116

40. (1) In every factory there shall be provided and maintained appropriate means for fighting fire, which shall be so placed as to be readily available for use, and persons trained in the correct use of such means shall be present during all working periods.

Prevention and fighting of fire

(2) The Minister may by regulations prescribe for any class or description of factory or part thereof specified means for fighting fire, and any such regulations may provide for the testing or examination of the means so specified and for the recording of particulars of the tests or examinations and of any defects found and action taken to remedy the defects.

(3) The Minister may make regulations requiring means to be provided in any class or description of factory for notifying the fire brigade in case of fire and requiring employed persons to be made familiar with their use.

(4) Regulations made under this section may provide, as regards any of their provisions, that some other person or persons shall be responsible for a contravention thereof instead of or as well as the occupier.

(5) Any requirement imposed by regulations made under subsection (2) may be so imposed either in substitution for or without prejudice to the general requirements of subsection (1).

(6) The Minister may by order grant exemption from the requirements of subsection (1) and any such order may apply to any particular factory or part of a factory or any class or description of factory.

(7) All stocks of highly inflammable substances shall be kept either in a fire-resisting store or in a safe place outside any occupied building:

Provided that no such store as aforesaid shall be so situated as to endanger the means of escape from the factory or from any part thereof in the event of a fire occurring in the store.

(8) No fire, flame, open light or other agency likely to ignite any volatile inflammable substance shall be permitted in any part of a factory in which such substance is used or is likely to be present.

117

(9) No person shall be allowed to smoke in any part of a factory where any volatile inflammable substance is used, and a notice prohibiting smoking shall be posted in a conspicuous place in every such part of the premises.

41. (1) Every factory shall be provided with adequate means of escape in case of fire for the persons employed therein, and all such means shall be properly maintained and kept free from obstruction. Means of escape and warning in case of fire

(2) The contents of any room in which persons are employed shall be so arranged or disposed that there is a free passage-way for all persons employed in the room to a means of escape in case of fire.

(3) Where any person is within a factory for the purpose of employment or meals, the doors of the factory, and of any room therein in which the person is, and any doors which afford a means of exit for persons employed in the factory from any building or from any enclosure in which the factory is situated, shall not be locked or fastened in such a manner that they cannot be easily and immediately opened from the inside.

(4) Any doors opening on to any staircase or corridor from any room in which more than ten persons are employed, and in the case of any factory constructed or converted for use as a factory after the commencement of this Act, all other doors affording a means of exit from the factory for persons employed therein, shall, except in the case of sliding doors, be constructed to open outwards.

(5) In any factory constructed or converted for use as a factory before the commencement of this Act in which more than ten persons are employed in the same building above the ground floor, any door, which is not kept continuously open, at the foot of a staircase affording a means of exit from the building, shall, except in the case of sliding doors, be constructed to open outwards.

(6) Doors giving access to stairways shall not open immediately on to a flight of stairs, but on to a landing of adequate width.

(7) Every window, door or other exit affording means of escape in case of fire or giving access thereto, other than the means of exit in ordinary use, shall be distinctively and conspicuously marked by a notice printed in red letters of adequate size.

118

(8) Every hoistway or liftway inside a building constructed after the commencement of this Act shall be completely enclosed with fire-resisting materials, and all means of access to the hoist or lift shall be fitted with doors of fire-resisting materials:

Provided that any such hoistway or liftway which is not provided with a vent at the top shall be enclosed at the top only by some material easily broken by fire.

(9) The Commissioner may by certificate grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of subsection (8) in any case where he is satisfied that compliance with those requirements is inappropriate or undesirable.

(10) Where in any factory more than twenty persons are employed in the same building or explosive or highly inflammable materials are stored or used in any building in which persons are employed, effective means, capable of being operated without exposing any person to undue risk, shall be provided and maintained for giving warning in case of fire, which shall be clearly audible throughout the building or, where the factory is part only of the building, in every part of the building which is used for the purposes of the factory.

(11) The Minister may by regulations apply the provisions of subsection (10) to any class or description of factory.

(12) The Minister may by order grant exemption from or modify the requirements of subsection (10) in any case where it appears to him that those requirements are unnecessary or, as the case may be, would, unless modified, be unreasonable; and any such order may apply to any particular factory or part of a factory or any class or description of factory.

42. (1) There shall be tested and examined at least once in every period of three months and whenever an inspector so requires every means for giving warning in case of fire which is required to be provided by or under this Act. Testing and examination of fire warning

(2) The Minister may by regulations provide that, in relation to any class or description of appliance or in relation to any class or description of factory, subsection (1) shall have effect with the substitution for the period of three months of such period as may be specified in the regulations.

119

(3) The Minister may by regulations prescribe the nature of the test or examination to be carried out in pursuance of this section.

(4) There shall be entered in or attached to the general register the date of every test or examination carried out in pursuance of this section and particulars of any defect found and the date and particulars of any action taken to remedy any such defect.

43. (1) Where in any factory more than twenty persons are employed in the same building above the first floor or more than six metres above the ground level, or explosive or highly inflammable materials are stored or used in any building where persons are employed, effective steps shall be taken to ensure that all the persons employed are familiar with the means of escape in case of fire and their use and with the routine to be followed in case of fire.

The Minister may by regulations apply the provisions of subsection (1) to any class or description of factory. The Minister may make regulations as to the steps to be taken for the purposes of subsection (1) in factories to which that subsection applies, or any class or description thereof.(As amended by No. 20 of 1974)

The Minister may make regulations as to the means of escape in case of fire to be provided in factories or any class or description of factory. The Minister may make regulations as to the measures to be taken to reduce the risk of fire breaking out in any factory or of any such fire or smoke therefrom spreading in any factory, and such regulations may, among other things, prescribe requirements as to the internal construction of a factory and the materials used in the construction.Regulations made under this section may provide, as regards any of their provisions, that some other person or persons shall be responsible for a contravention thereof instead of or as well as the occupier.

Where it appears to the Minister that, in view of the number and nature of accidents occurring in any factory or class or description of factory, special provision ought to be made at that factory or at factories of that class or description to secure the safety of persons employed therein, he may make regulations requiring the occupier to make such reasonable provision by arrangements for special supervision in regard to safety, investigation of the circumstances and causes of accidents, and otherwise as may be specified in the regulations. Regulations for special safety arrangements for the prevention of accidents

120

STUDY UNIT FIFTEEN

SAFETY: LIFTING MACHINERY

Every hoist and lift should be of good mechanical construction, sound material and adequate strength, and consistent with a relevant standard specification, and shall, together with all gates, interlocking or other devices required by this section to be fitted, be properly maintained.Every hoist or lift shall be thoroughly examined by a competent person at least once in every period of six months, and a report of the result of every such examination in the prescribed form shall be signed by the person making the examination and shall, within fourteen days, be entered in or attached to the general register. Every hoistway or liftway shall be efficiently protected by a suitable enclosure fitted with gates, being such an enclosure as to prevent, when the gates are shut, any person falling down the way or coming into contact with any moving part of the hoist or lift.

Any such gate as aforesaid shall be fitted with efficient interlocking or other devices to secure that the gate cannot be opened except when the cage or platform is at the landing and that the cage or platform cannot be moved away from the landing until the gate is closed. If, in the case of a hoist or lift constructed or reconstructed before the commencement of this Act, it is not reasonably practicable to fit it with such devices as are mentioned in subsection (4), it shall be sufficient if the gate- is provided with such arrangements as will secure the objects of that subsection so far as is reasonably practicable; and is kept closed and fastened except when the cage or platform is at rest at the landing. Every hoist or lift and every such enclosure as is mentioned in subsection (3) shall be so constructed as to prevent any part of any person or any goods carried in the hoist or lift being trapped between any part of the hoist or lift and any fixed structure or between the counterbalance weight and any other moving part of the hoist or lift.There shall be marked in a conspicuous place on every hoist or lift the maximum working load which it can safely carry and no load greater than the maximum working load shall be carried on any hoist or lift. The following additional requirements shall apply to hoists and lifts used for carrying persons whether together with goods or otherwise .Efficient automatic devices shall be provided and maintained to prevent the cage or platform overrunning; every cage shall on each side from which access is afforded to a landing be fitted with a gate, and in connection with every such gate efficient devices shall be provided to secure that, when persons or goods are in the cage, the cage cannot be raised or lowered unless the gate is closed, and will come to rest when the gate is opened; andthere shall be marked in a conspicuous place on every such hoist or lift the maximum number of persons which the hoist or lift is designed to carry.In the case of a hoist or lift constructed or reconstructed before the commencement of this Act in connection with which it is not reasonably practicable to provide such devices as are mentioned in paragraph (b) of subsection (1), it shall be sufficient if-

such arrangements are provided as will secure the objects of that paragraph so far as is reasonably practicable; and the gate is kept closed and fastened except where the

121

cage is at rest or empty.In the case of a hoist or lift used as mentioned in subsection (1) which was constructed after the commencement of this Act, where the platform or cage is suspended by rope or chain, there shall be at least two ropes or chains separately connected with the platform or cage, each rope or chain and its attachments being capable of carrying the whole weight of the platform or cage and its maximum working load, and efficient devices shall be provided and maintained which will support the platform or cage with its maximum working load in the event of a breakage of the ropes or chains or any of their attachments. Every teagle opening or similar doorway used for hoisting or lowering goods, materials, or plant, whether by mechanical power or otherwise, shall be securely fenced and shall be provided with a secure hand-hold on each side of the opening or doorway, and such fencing shall be properly maintained and shall, except when the hoisting of goods, materials, or plant is being carried on at the opening or doorway, be kept in position. Teagle openings and similar doorways

HOISTS AND LIFTS

For the purposes of sections forty-seven and forty-eight, no lifting machine or appliance shall be deemed to be a hoist or lift unless it has a platform or cage the direction of movement of which is restricted by a guide or guides.Subsections (3) to (7) of section forty-seven and section forty-eight shall not apply in the case of a continuous hoist or lift, and in such a case subsection (2) of section forty-seven shall have effect as if for the reference to six months there were substituted a reference to twelve months.Subsections (4) and (5) of section forty-seven and section forty-eight shall not apply in the case of a hoist or lift not connected with mechanical power; and in such a case-subsection (2) of section forty-seven shall have effect as if for the reference to six months there were substituted a reference to twelve months; and any gates to be fitted under subsection (3) of section forty-seven shall be kept closed and fastened except when the cage or platform is at rest at the landing.

If it is shown to the satisfaction of the Commissioner that it would be unreasonable in the special circumstances of the case to enforce any requirement of this section or of section forty-seven, forty-eight or forty-nine in respect of any particular hoist, lift, hoistway, liftway or teagle opening or similar doorway, he may by certificate grant exemption from compliance with such requirement. The following provisions shall be complied with as respects every chain, rope or lifting tackle used for the purpose of raising or lowering persons, goods, materials or plant:

CHAINS, ROPES AND LIFTING TACKLE

(a) no chain, rope or lifting tackle shall be used unless it is of good construction, sound material, adequate strength, suitable quality and free from patent defect;

(b) a table showing the safe working loads of every kind and size of chain, rope or lifting tackle in use, and, in the case of a multiple sling, the safe working load at different

122

angles of the legs, shall be prominently displayed on the premises, and no chain, rope or lifting tackle not shown in the table shall be used;

(c) no chain, rope or lifting tackle shall, save for the purpose of testing, be used for any load exceeding the safe working load;

(d) all chains, ropes and lifting tackle in use shall be thoroughly examined by a competent person at least once in every period of six months, or at such greater intervals as the Commissioner may by order direct;

(e) no chain, rope or lifting tackle, except a fibre rope or fibre rope sling, shall be taken into use in any factory for the first time in that factory unless it has been tested and thoroughly examined by a competent person and a certificate of the test and examination specifying the safe working load and signed by the person making the test and examination has been obtained and is kept available for inspection:

Provided that the provisions of this paragraph shall not apply to any chain, rope or lifting tackle in respect of which there has been obtained, and is kept available for inspection, a certificate of test and thorough examination issued by the manufacturer of the chain, rope or lifting tackle.

(2) Paragraph (b) of subsection (1) shall not apply in relation to any lifting tackle if its safe working load or, in the case of a multiple sling, the safe working load at different angles of the legs is plainly marked on it.

(3) An inspector may, in writing addressed to the occupier, direct that wrought iron chains or lifting tackle in use in any factory be annealed or otherwise treated by heat at such specified intervals as he considers necessary.

(4) In this section, "lifting tackle" means chain slings, rope slings or similar gear, and rings, links, hooks, plate clamps, shackles, swivels or eye bolts.

All parts and working gear, whether fixed or movable, including the anchoring and fixing appliances, of every lifting machine shall be of good mechanical construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.

123

CRANES AND OTHER LIFTING MACHINES

All such parts and gear shall be thoroughly examined by a competent person at least once in every period of fourteen months.

All rails on which a travelling crane moves and every track on which the carriage of a transporter or runway moves shall be of proper size and adequate strength and have an even running surface; and any such rails or track shall be properly laid, adequately supported or suspended, and properly maintained.

There shall be plainly marked on every lifting machine the safe working load or loads thereof:

Provided that, in the case of a jib crane so constructed that the safe working load thereof may be varied by the raising and lowering of the jib, there shall be attached thereto either an automatic indicator of safe working loads or a table indicating the safe working loads at corresponding inclinations of the jib, or corresponding radii of the load.

No lifting machine shall, except for the purpose of a test, be loaded beyond the safe working load.

No lifting machine shall be taken into use in any factory for the first time in that factory unless it has been tested, and all such parts and working gear of the machine as are specified in subsection (1) have been thoroughly examined by a competent person, and a certificate of the test and examination specifying the safe working load or loads of the machine and signed by the person making the test and examination has been obtained and is kept available for inspection:

Provided that the provisions of this subsection shall not apply to any lifting machine in respect of which there has been obtained, and is kept available for inspection, a certificate of test and thorough examination issued by the manufacturer of the machine.

If any person is employed or working on or near the wheel-track of an overhead travelling crane in any place where he would be liable to be struck by the crane, effective measures shall be taken to ensure that the crane does not approach within six metres of that place.

If any person is employed or working otherwise than mentioned in subsection (7) but in a place above floor level where he would be liable to be struck by an overhead travelling

124

crane, or by any load carried by such a crane, effective measures shall be taken to warn him of the approach of the crane, unless his work is so connected with, or dependent on, the movements of the crane as to make a warning unnecessary.

In this section, "lifting machine" means a crane, crab, winch, teagle, pulley block, gin wheel, transporter or runway.(As amended by No. 20 of 1974)

A register, containing the prescribed particulars, shall be kept in respect of all chains, ropes or lifting tackle (except fibre rope slings) to which section fifty-one applies, and in respect of all lifting machines to which section fifty-two applies. Register of chains, ropes and lifting tackle and lifting machines

Self evaluation questions......................

125

STUDY UNIT SIXTEEN

SAFETY -STEAM BOILERS

Subject to subsection (3), every steam boiler, whether separate or one of a range- Steam boilers: attachments and construction

(a) should have attached to it the devices mentioned in subsection (2);

(b) should be provided with means for attaching a test pressure gauge;

(c) should unless the subject of a written exemption by an inspector, be provided with a suitable fusible plug or an efficient low-water alarm; and

(d) should have at least one reliable feed apparatus capable of maintaining an ample supply of water to the boiler:

Provided that-(i) where the feed apparatus is an injector, a second means of feeding consisting of a power or hand-pump shall be fitted; and(ii) for the purposes of this paragraph, two or more boilers combined for joint working shall be deemed to be one boiler.

(2) The devices referred to in subsection (1) are-

(a) a suitable safety-valve, separate from any stop-valve, which shall be so adjusted as to prevent the boiler being worked at a pressure greater than the maximum permissible working pressure and shall be fixed directly to, or as close as practicable to, the boiler;

(b) a suitable stop-valve fixed directly to, or as close as practicable to, such boiler, and connecting the boiler to the steam pipe;

(c) a correct steam pressure gauge connected to the steam space and easily visible by the boiler attendant, which shall indicate the pressure of steam in the boiler in bars, and have marked on it in a distinctive colour the maximum permissible working pressure;

126

(d) at least one water gauge of transparent material or other type approved by the Commissioner to show the water level in the boiler, together, if the gauge is of the glass tubular type and the working pressure of the boiler normally exceeds 2,500 bars, with an efficient guard provided so as not to obstruct the reading of the gauge;

(e) where the boiler is one of two or more boilers, a plate bearing a distinctive number which shall be easily visible.

Every part of every steam boiler shall be of good construction, sound material and adequate strength, and free from patent defect and consistent with a relevant standard specification.(As amended by No. 20 of 1974)

Every steam boiler attendant shall be properly instructed as to his duties.Every steam boiler and all its fittings and attachments shall be properly maintained.Every steam boiler and all its fittings and attachments shall be thoroughly examined by an inspector or other person authorized by the Commissioner at intervals not exceeding eighteen months and also as soon as practicable after any extensive repairs.

The occupier of a factory shall notify an inspector in writing whenever-

(a) general retubing, renewal of furnaces or flues, affixing of new rivets, plates or patches, replacement of stays or gussets, the building up of wasted areas by any welding process or any other such major repairs are to be executed to a steam boiler;

(b) major repairs as described in paragraph (a) have been executed to a steam boiler;

(c) he ceases permanently to use a steam boiler;

(d) a steam boiler is to be removed from his factory for use elsewhere or is to be resisted within the factory; and

(e) a steam boiler is damaged.

(5) Any examination carried out in accordance with the requirements of subsection (3) shall include-

(a) an examination of the boiler when it is cold which shall not be carried out until the interior and exterior of the boiler have been prepared in such manner as the person who is to make the examination may require; and

127

(b) except in the case of an economiser or super heater, an examination when the boiler is under normal steam pressure which examination may, with the approval of the person carrying out the examination when cold, be carried out by some other person.The examination under pressure in accordance with paragraph (b) of subsection (5) shall be made on the first occasion when steam is raised after the examination when cold, or as soon as possible thereafter, and the person making such examination shall ensure that the safety-valve is so adjusted as to prevent the boiler being worked at a pressure greater than the maximum permissible working pressure.

A report in the prescribed form of every examination made under the provisions of subsection (3) shall, as soon as practicable after the completion of the examination, be attached to or entered in the boiler book, and each such report shall be signed by the person making the examination.No steam boiler which has previously been used shall be taken into use in any factory for the first time in that factory until it has been examined and reported upon in accordance with the provisions of this section.No new steam boiler shall be taken into use until an inspector has been supplied with-

(a) the manufacturer's complete specifications which shall include full details of the chemical composition and physical properties of the material of all rivets, plates, sections, tubes, bars and electrodes used for pressure parts;

(b) dimensioned drawings of the complete boiler, showing the thickness of plates, details of all rivetting, the thickness of plates and the position and extent of all welds; and

(c) the manufacturer's test certificate.

Where the report of any examination made under the provisions of this section specifies conditions for securing the safe working of a steam boiler, such boiler shall not be used except in accordance with those conditions. In respect of every steam boiler in a factory, the occupier of such factory shall keep a boiler book in the prescribed form in which shall be entered-

(a) the dates on which such boiler is brought into and taken out of commission;

(b) the dates on which such boiler is cleaned, examined or tested; and

(c) the dates and details of any alterations or repairs to such boiler.

This section shall not apply to any steam boiler which belongs to and is used by Zambia Railways or to the boiler of any ship. No person shall enter or be in any steam boiler which is one of a range of two or more steam boilers unless-

128

(a) all inlets through which steam or hot water might otherwise enter such boiler from any other part of the range are disconnected from that part; or(b) all valves or taps controlling such entry are closed and securely locked, and, where such boiler has a blow-off pipe in common with one or more other steam boilers or into a common blow-off vessel or sump, the blow-off valve or tap on each such boiler is so constructed that it can only be opened by a key which cannot be removed until the valve or tap is closed and is the only key in use for that set of blow-off valves or taps.Every steam receiver not so constructed as to withstand with safety the maximum permissible working pressure of the boiler with which it is connected or the maximum pressure which can be obtained in the pipe connecting the receiver with any other source of supply of steam shall be fitted with-

(a) a suitable reducing valve or other suitable automatic appliance to prevent the safe working pressure being exceeded;

(b) a suitable safety-valve so adjusted as to permit the steam to escape as soon as the safe working pressure is exceeded, or a suitable appliance for cutting off automatically the supply of steam as soon as the safe working pressure is exceeded;

(c) a correct steam pressure gauge, which shall indicate the pressure of steam in the receiver in bars; and

(d) a suitable stop-valve; and

(e) except where only one steam receiver is in use, a plate bearing a distinctive number which shall be easily visible.

The safety-valve and pressure gauge required by the provisions of subsection (1) shall be fitted either on the steam receiver or on the supply pipe between the receiver and the reducing valve or other appliance provided to prevent the safe working pressure being exceeded.For the purposes of the provisions of subsection (1), except paragraph (e) thereof, any set of receivers supplied with steam through a single pipe and forming part of a single machine may be treated as one receiver, and for the purpose of the said subsection except paragraphs (d) and (e) thereof, any other set of receivers supplied with steam through a single pipe may be treated as one receiver:

Provided that this subsection shall not apply to any such set of receivers unless the reducing valve or other appliance provided to prevent the safe working pressure being exceeded is fitted on the said single pipe.

Every part of every steam receiver shall be of good construction, sound material, adequate strength and free from patent defect and consistent with a relevant standard specification. Every steam receiver and its fittings shall be properly maintained and shall be thoroughly examined by an inspector or other person authorised by the Commissioner, so far as the construction of the receiver permits, at intervals not exceeding three

129

years.The examination specified in subsection (5) shall not be carried out until the interior and exterior of the steam receiver have been prepared in such manner as the person who is to make the examination may require.A report in the prescribed form of the result of every examination made under the provisions of this section (including particulars of the safe working pressure) shall, as soon as practicable after the completion of the examination, be attached to or entered in the boiler book and each such report shall be signed by the person making the examination. Every steam container shall be so maintained as to secure the outlet is at all times kept open and free from obstruction.(As amended by No. 20 of 1974)

AIR RECEIVERSEvery air received shall have been marked upon it so as to be plainly visible the safe working pressure;

(b) if it is connected with an air compressing plant, shall either be so constructed as to withstand with safety the maximum pressure that can be obtained from the compressor, or be fitted with a suitable reducing valve or other suitable appliance to prevent the safe working pressure of the receiver being exceeded;

(c) shall be fitted with a suitable safety-valve so adjusted as to permit the air to escape as soon as the safe working pressure is exceeded;

(d) shall be fitted with a correct pressure gauge indicating the pressure in the receiver in bars;

(e) shall be fitted with a suitable appliance for draining the receiver;

(f) shall be provided with a suitable manhole, handhole, or other means which will allow the interior of the receiver to be thoroughly cleaned and inspected; and

(g) in any case where more than one receiver is in use in any factory, shall bear a distinguishing mark which shall be easily visible.

For the purposes of subsection (1) relating to safety-valves and pressure gauges, any set of air receivers supplied with air through a single pipe may be treated as one receiver:

130

Provided that, where a suitable reducing valve or other suitable appliance to prevent the safe working pressure being exceeded is required to be fitted, this subsection shall not apply unless the valve or appliance is fitted on the said single pipe. Every air receiver and its fittings shall be of sound construction consistent with a relevant standard specification and be properly maintained. Every air receiver shall be thoroughly examined at intervals not exceeding three years: Provided that, if it is so constructed that the internal surface cannot be thoroughly examined, a suitable hydraulic test of the receiver shall be carried out in lieu of internal examination. The examination specified in subsection (4) shall not be carried out until the interior and exterior of the air receiver have been prepared in such manner as the person who is to make the examination may require.Every examination and test mentioned in subsection (4) shall be carried out by an inspector or other person authorised by the Commissioner and a report in the prescribed form of the result of every such examination and test (including particulars of the safe working pressure) shall be entered in or attached to the general register and the report shall be signed by the person making the examination or test.(As amended by No. 20 of 1974)

No steam receiver or air receiver shall be taken into use until an inspector has been notified in writing of the make, type, year of manufacture and safe working pressure of such receiver, and, in the case of a steam receiver or air receiver which has previously been used, the full name and address of the former user.Notification before use of steam or air receivers.No modification to any pressure part of any steam boiler, steam receiver or air receiver not in accordance with instructions from the manufacturer shall be made until an inspector has been notified in writing of the proposed modification.The Commissioner may by certificate except from any of the provisions of this Part any class or type of steam boiler, steam receiver, steam container or air receiver to which he is satisfied that such provision cannot reasonably be applied. Any such exception may be unqualified or may be subject to such conditions as may be contained in the certificate.

131

STUDY UNIT SEVENTEEN

WELFARE: GENERAL PROVISIONS

The Factories act provides that there shall be provided and maintained at suitable points conveniently accessible to all persons employed an adequate supply of wholesome drinking water. Drinking water. A supply of drinking water which is not laid on shall be contained in suitable vessels, and shall be renewed at least once in each working day, and all practicable steps shall be taken to preserve the water and vessels from contamination; and a drinking water supply, whether laid on or not, shall be clearly marked "DRINKING WATER" in English and in at least one vernacular language commonly used by the employees of the factory. There shall be provided and maintained for the use of employed persons adequate and suitable facilities for washing which shall include a supply of soap and suitable means of cleaning or drying; and the facilities shall be conveniently accessible and shall be kept in a clean and orderly condition. The Commissioner may, by certificate, exempt from any of the requirements of subsection (1) any factory where, by reason of the difficulty of obtaining an adequate supply of water, or of the fact that accommodation is restricted and adequate and suitable washing facilities are otherwise conveniently available, or by reason of such other special circumstances as may be specified in the certificate, the application of the requirement would in his opinion be unreasonable.

CHANGE ROOMS

The Act further states that there should be provided and maintained for the use of employed persons adequate and suitable accommodation for clothing not worn during working hours.Where protective clothing is provided in pursuance of section seventy-one, a suitable place or places shall be provided for the storage of such protective clothing.Adequate change rooms shall be provided and maintained for the use of employed persons in any factory in which the Minister considers such rooms necessary and by order so directs.Where any employed persons have in the course of their employment reasonable opportunities for sitting without detriment to their work, there shall be provided and maintained for their use suitable facilities for sitting sufficient to enable them to take advantage of those opportunities.

FACILITIES FOR SITTING AND FIRST AID

Where a substantial proportion of any work can properly be done sitting- there shall be provided and maintained for any employed person doing that work a seat of a design, construction and dimensions suitable for him and the work, together with a foot-rest on which he can readily and comfortably support his feet if he cannot do so without a foot-rest; and the arrangements shall be such that the seat is adequately and properly supported while in use for the purpose for which it is provided. For the purposes of subsection (2), the dimensions of a seat which is adjustable shall be taken to be its dimensions as for the time being adjusted. There shall be provided and maintained so as to be readily accessible

132

a first-aid box or cupboard containing such equipment as may be prescribed and, where more than one hundred persons are employed, an additional box or cupboard for every additional hundred persons. For the purposes of subsection (1), 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 shall be reckoned as one hundred. 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 under the charge of a responsible person who shall, in the case of a factory where more than fifty persons or such similar number as may be prescribed, are employed, be trained in first-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 and the location of the first-aid box or cupboard provided in respect of that room.For the purposes of subsection (4), a person shall not be deemed to be trained in first-aid treatment unless he satisfies the prescribed conditions.Where a contravention of subsection (4) is committed through a failure to comply with so much thereof as requires the person in charge of a first-aid box or cupboard to be trained in first-aid treatment, it shall be a defence in any proceedings for the contravention to prove that the accused made all reasonable efforts to secure compliance but was unable to do so. If an ambulance room or dispensary is provided at any factory and arrangements are made to ensure the immediate treatment there of all injuries occurring at the factory, the Commissioner may, by certificate, exempt the factory from the requirements of this section to such extent and subject to such conditions as he may specify in the certificate.Every first-aid box or cupboard shall be plainly marked "FIRST-AID".WELFARE REGULATIONS

Where it appears to the Minister that, owing to the conditions and circumstances of employment or the nature of the processes carried on, provision requires to be made in relation to any of the matters to which this section applies for securing the welfare of the persons employed or any class of them, he may make regulations requiring such reasonable steps to be taken in connection therewith as may be specified in such regulations. Regulations are made for a particular factory or for factories of any class or description and may impose duties on owners and employed persons as well as on occupiers.

The Minister may by regulations extend the matters to which this section applies so as to include other matters affecting the welfare of employed persons or any class of them.

HEALTH, SAFETY AND WELFARE: SPECIAL PROVISIONS AND REGULATIONS

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

133

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.No stationary internal combustion engine shall be used in any room unless provision is made for conducting the exhaust gases from the engine into the open air.Where in any room any poisonous or other injurious substance is so used as to give rise to any dust or fume, no person shall be permitted to partake of food or drink in that room. Where in any factory persons are subject to excessive exposure to any poisonous or other injurious or offensive substance or to any heat, cold or wet, suitable protective clothing and appliances shall be provided and maintained for the use of such persons.

Suitable goggles or effective screens shall be provided to protect the eyes of persons employed in the dry grinding of metals, in the welding or cutting of metals by means of an electrical, oxy-acetylene or similar process or in any other process likely to entail injury to the eyes .Where in any factory electric arc welding is carried on, effective provision shall be made, by screening or otherwise, to prevent any person being exposed to the electric arc flash.

LIFTING OF EXCESSIVE WEIGHTS

A person shall not be employed to lift, carry or move any load so heavy as to be likely to cause injury to him. The Minister may make regulations prescribing the maximum weights which may be lifted, carried or moved by persons employed in factories; and any such regulations may relate either to persons generally or to any class of persons or to persons employed in any class or description of factory or in any process. Where an inspector is of opinion that the employment of any young person in a factory or in any particular process or kind of work in a factory is prejudicial to the health of such young person or to the health of other persons, he may serve written notice on the occupier of the factory requiring that the employment of such young person in the factory or in the process or kind of work, as the case may be, be discontinued after such period as may be specified therein, not being less than one nor more than seven days after the serving of the notice, and if such occupier continues after the period specified in the notice to employ such young person he shall be guilty of an offence unless, after the service of the notice, such young person has been examined by a medical practitioner and certified by such practitioner to be fit for employment in the factory or in the process or kind of work, as the case may be.

Where the Minister is satisfied that any manufacture, plant, process or description of manual labour is of such a nature as to cause risk of bodily injury to the persons employed, or any class of those persons, he may, subject to the provisions of this Act, make such regulations as appear to him to be reasonably practicable and to meet the necessity of the case.

134

An inspector may, at any time after informing the occupier or, if the occupier is not readily available, a foreman or other responsible person in the factory, take for analysis sufficient samples of any material or substance used or intended to be used in a factory, being a material or substance in respect of which he suspects a contravention of any regulation made under section seventy-four, or which he thinks is likely or may prove on analysis to be likely to cause bodily injury to the persons employed.The occupier or the foreman or other responsible person may, at the time when a sample is taken under this section, require the inspector to divide the sample into three parts, to mark and seal or fasten up each part in such manner as its nature permits, and-

(a) to deliver one part to the occupier or the foreman or other responsible person;

(b) to retain one part for future comparison;

(c) to submit one part to the analyst;and any analysis under this section shall, if so required, be carried out by a Government department.

A certificate purporting to be a certificate by a Government chemist as to the result of an analysis of a sample under this section shall in any proceedings under this Act be admissible as evidence of the matters stated therein, but either party may require the person by whom the analysis was made to be called as a witness.It shall not be lawful for any person, except in so far as is necessary for the purposes of a prosecution for an offence under this Act, to publish or disclose to any person the results of an analysis made under this section, and if any person acts in contravention of this subsection he shall be guilty of an offence.

NOTIFICATION AND INVESTIGATION OF ACCIDENTS, DANGEROUS OCCURRENCES AND INDUSTRIAL DISEASES

Where an accident in a factory-

(a) causes loss of life to a person employed in that factory; or(b) disables any such person for more than three days from earning full wages for the work for which he was employed;the occupier shall forthwith send written notice of the accident in the prescribed form to an inspector. Where an accident causing disablement is notified under this section, and after notification thereof results in the death of the person disabled, the occupier of the factory shall as soon as the death comes to his knowledge send notice in writing of such death to an inspector. 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

135

killed or injured, the actual employer shall, if he fails to report the accident to the occupier immediately, be guilty of an offence.

The provisions of section seventy-six requiring notice of an accident occurring in a factory to be given to an inspector shall extend and apply to the classes of occurrences specified in the First Schedule whether death or disablement is caused or not.Written notice of every case of any disease specified in the Second Schedule occurring in a factory shall forthwith be sent by the occupier to an inspector in the prescribed form; and the provisions of this Act with respect to the notification of accidents shall apply to any such case in like manner as to any such accident as is mentioned in those provisions.Every medical practitioner who attends any patient whom he believes to be suffering from any disease specified in the Second Schedule contracted as a result of his employment in a factory shall forthwith report the matter to an inspector, and shall be entitled in respect of every report sent in pursuance of this section to a fee of four fee units. If, in contravention of the provisions of this section, any medical practitioner fails to send any report in accordance with the requirements thereof, he shall be guilty of an offence and liable on conviction to a fine not exceeding sixty penalty units.(As amended by Act No. 13 of 1994)

SPECIAL APPLICATIONS AND EXTENSIONS

The Minister may by regulations allocate to the owners instead of the occupiers of tenement factories the responsibility for the contravention of any provision of this Act which but for this section would lie with such occupiers. Where a part of a building is let off as a separate factory but is not part of a tenement factory- the provisions of this Act specified in paragraphs (a) and (b) of subsection applies to any part of the building used for the purposes of the factory but not comprised therein;

(a) the provisions of Part V with respect to cleanliness and lighting, the provisions of Part VI with respect to prime movers, transmission machinery, the construction and maintenance of floors, passages and stairs, the keeping free from obstruction and slippery substances of floors, steps, stairs, passages and gangways, the provisions of Part VII with respect to hoists and lifts, chains, ropes and lifting tackle, cranes and other lifting machines and the provisions of Part VIII with respect to steam boilers, steam receivers and steam containers, and air receivers For the purposes of the provisions applied by the foregoing provisions of this section, lifting machines attached to the outside of the building, and chains, ropes and lifting tackle used in connection with those machines, shall be treated as being in the building, but any lifting machine not used for the purposes of the factory, and any chains, ropes or lifting tackle not used in connection with a lifting machine so used, shall be disregarded.

136

(a) the occupier of the factory shall be responsible if it is a contravention with respect to any plant belonging to or supplied by him; and

(b) the owner of the building shall be responsible in any other case;except that the owner shall not be responsible for a contravention of those provisions in so far as they relate to matters outside his control, and for any such contravention as respects the factory the occupier shall be responsible.

The owner shall be responsible by virtue of this section-

(a) for the cleanliness of sanitary conveniences only when used in common by several tenants; and

(b) for a contravention of the provisions relating to hoists and lifts only so far as those provisions relate to matters within his control. Any reference in the provisions applied by the foregoing provisions of this section to the general register shall, in relation to matters in respect of which the owner of the building is responsible, be construed as a reference to a register to be kept by him, and subsection

No order made under the provisions of this Act with respect to the power of a court to make orders as to dangerous conditions and practices and no special regulations made under Part X shall operate so as to interfere with the design of any works of engineering construction or with the adoption in the execution of those works of any method not inconsistent with the safety of the works or of the persons employed, prescribed in the specification or in any signed plans issued, or written directions given by the consulting engineer or the engineer in charge. The provisions of this Act in their application to building operations or to works of engineering construction shall have effect as if any place where such works are carried on were a factory and any person undertaking any such operations or works to which this Act applies were the occupier of a factory, and with such other adaptations and modifications as may be made by regulations made by the Minister. The provisions of this Act requiring general registers to be kept and copies of the prescribed abstract of this Act and of 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 and works of engineering construction if the general register is kept at an office of the person undertaking the operations or works and copies of the abstract of this Act 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 such persons. The application of this Act to any building operations or

137

works of engineering construction by virtue of the foregoing shall not be excluded by reason of the fact that they are undertaken on premises to which the Act applies apart from those provisions; and nothing in this section shall be taken as prejudicing the application of this Act to these premises apart from this section.

The application of the provisions of this Act in relation to- Mines

(a) premises forming part of a mine;

(b) premises which, though not forming part of a mine, are occupied by the owner of a mine and used solely for the purpose of the provision or supply for or to a single mine or jointly for or to more than one mine, of services or electricity; and(c) machinery or apparatus situated partly in a mine and partly in a factory;shall be in accordance with the provisions of section one hundred and thirty-one of the Mines and Minerals Act. Cap. 213For the purposes of this section, "mine" shall have the meaning given to it in the Mines and Minerals Act.The Minister may be statutory order, subject to such conditions as may be specified in the order, extend the application of all or any of the provisions of this Act to any of the following classes of premises, processes or operations, that is to say:(a) any premises (not being premises forming part of a factory) in which a hoist or lift is used;(b) any premises (not being premises forming part of a factory) in which a steam boiler is used;(c) warehouses not forming part of a factory;(d) docks, wharves and quays, including warehouses used in connection therewith;(e) any work carried out in a harbour or wet dock in constructing, reconstructing, repairing, refitting, painting, finishing or breaking up a ship or in scaling, scurfing or cleaning boilers (including combustion chambers and smoke boxes) in a ship, or in cleaning oil fuel tanks or bilges in a ship or any tank in a ship last used for oil of any description carried as cargo;(f) electricity substations.Power to extend application of provisions of Act

138

STUDY UNIT EIGHTEEN

The law provides that there shall be kept posted in a prominent position in every factory-(a) such abstract of this Act as may be prescribed;(b) a notice of the address of the nearest inspector and labour officer;(c) printed copies of any regulations which are for the time being in force in the factory, or such abstract of such regulations as may be prescribed; and(d) every other notice and document required by this Act to be posted in the factory.The occupier of every factory shall cause to be kept a register in the prescribed form called the general register, and there shall be entered in or attached to that register-

(a) the certificate of registration of the factory;

(b) every other certificate issued in respect of the factory by the Commissioner under the provisions of this Act;

(c) the prescribed particulars as to the washing, whitewashing or colourwashing, painting or varnishing, of the factory;

(d) the prescribed particulars as to every accident, case of industrial disease or dangerous occurrence occurring in the factory of which notice is required to be sent to an inspector;

(e) all reports and particulars required by any other provisions of this Act to be entered in or attached to the general register; and

(f) such other matters as may be prescribed.

The occupier of a factory shall send to an inspector such extracts from the general register as the inspector may from time to time require for the purpose of the execution of his duties under this Act.

The occupier of every factory shall, if so required by the Commissioner by notice in writing or in the Gazette, send to the Commissioner, at such intervals and on or before such days as may be specified in the notice, a correct return-showing with respect to such day or days, or such period as may be specified in the notice, the number of persons employed in the factory; and

(b) giving such particulars as to such other matters as may be specified in the notice.

The Commissioner may, for the purpose of facilitating the rendering of returns by occupiers under the provisions of this section, arrange for the consolidation of these returns with any other returns required from occupiers under the provisions of any other law for the time being in force.

139

The general register and every other register or record kept in pursuance of this Act shall be preserved and shall be kept available for inspection by any inspector for at least two years after the date of the last entry in the register or record.Preservation of registers and records

No person employed in a factory shall wilfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of this Act for securing the health, safety or welfare of the persons employed in such factory and, where any means or appliance for securing health or safety is provided for the use of any such person under this Act, he shall use that means or appliance. Duties of persons employed

No person employed in a factory shall wilfully and without reasonable cause do anything likely to endanger himself or any other person.Save as otherwise expressly provided in any written law, the occupier of a factory shall not, in respect of anything to be done or provided by him in pursuance of this Act, 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. Prohibition of deductions from wages

OFFENCES, PENALTIES AND LEGAL PROCEEDINGS

In the event of any contravention in or in connection with or in relation to a factory of the provisions of this Act or of any order, regulation or lawful requirement made there,under, the occupier, or (if the contravention is one in respect of which the owner is by or under this Act made responsible) the owner of the factory shall, subject to the following provisions of this Part, be guilty of an offence. In the event of a contravention by an employed person of the provisions of section eighty-nine, that person shall be guilty of an offence and the owner or occupier, as the case may be, shall not be guilty of an offence by reason only of the contravention of the provisions of the said section, unless it is proved that he failed to take all reasonable steps to prevent such contravention; but this subsection shall not be taken as affecting any liability of the occupier or owner in respect of the same matters by virtue of some provision other than the provisions aforesaid.

If the owner or the occupier of a factory avails himself of any special exception allowed by or under this Act and fails to comply with any of the conditions attached to the exception, he shall be deemed to have contravened the provisions of this Act. If any persons are employed in a factory otherwise than in accordance with the provisions of this Act, there shall be deemed to be a separate contravention in respect of each person so employed. Where an offence under this Act committed by a company, co-operative society or other body of persons 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,

140

chairman, manager, secretary or other officer of the company, co-operative society or other body of persons, he, as well as the company, co-operative society or other body of persons, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

GENERAL PENALTY

Subject to the following provisions of this Part, any person guilty of an offence under this Act for which no express penalty is provided shall be liable-

(a) if he is an employed person, to a fine not exceeding three hundred penalty units;

(b) in any other case, to a fine not exceeding one thousand five hundred penalty units;and if the contravention in respect of which he was convicted is continued after the conviction, he shall (subject to the provisions of section ninety-nine) be guilty of a further offence and liable in respect thereof to a fine not exceeding three hundred penalty units for each day on which the contravention is so continued .In relation to a contravention which was likely to cause the death of, or bodily injury to, any person, subsection (1) shall have effect as if for the references in paragraphs (a) and (b) to three hundred penalty units and one thousand five hundred penalty units there were respectively substituted references to one thousand two hundred penalty units and six thousand penalty units.(As amended by Act No. 13 of 1994) .Where an act or default for which any person is liable under this Act is in fact the act or default of some other person, that other person shall be guilty of an offence and liable, subject to subsection (2), to the like fine as if he were the first-mentioned person. The fine that may be imposed under subsection (1) on an employed person where the offence is one for which no express penalty is provided by this Act shall be that specified in section ninety-two in relation to employed persons, notwithstanding that the person primarily liable is not an employed person.A person charged with an offence under the provisions of this Act shall be entitled, upon information duly laid by him and on giving to the prosecution not less than three days' notice in writing of his intention, to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the first-mentioned person proves to the satisfaction of the court-(a) that he had used all due diligence to enforce the execution of this Act and of any relevant order or regulation made thereunder; and

(b) that the said other person had committed the offence in question without his consent, connivance or wilful default;that other person shall be convicted of such offence, and the first-mentioned person shall not be guilty of the offence, and the person so convicted shall, in the discretion of the court, be also liable to pay any costs incidental to the proceedings. The prosecution shall have the right in any such case to cross-examine the first-mentioned person if he gives evidence and any witnesses called by him in support of his charge, and to call rebutting

141

evidence.When it is made to appear to the satisfaction of an inspector at the time of discovering an offence-

(a) that the person who would be proceeded against apart from this subsection has used all due diligence to enforce the execution of this Act;

(b) by what person the offence has been committed; and

(c) that such offence has been committed without the consent, connivance or wilful default of the first-mentioned person and in contravention of his orders; the inspector shall proceed against the person whom he believes to be the actual offender without first proceeding against the first-mentioned person.Where, under this Act, any person is substituted for another with respect to any provisions of this Act, any order, summons, notice or proceeding which for the purpose of any of those provisions is by or under this Act required or authorised to be served on or taken in relation to that other person, is hereby required or authorised, as the case may be, to be served on or taken in relation to the first-mentioned person.Where in a factory the owner or hirer of a machine or implement moved by mechanical power is some person other than the occupier of the factory, such owner or hirer shall, so far as respects any offence under this Act committed in relation to a person who is employed in or about or in connection with that machine or implement, and is in the employment or pay of such owner or hirer, be deemed to be the occupier of the factory.In any proceedings under this Act it shall be sufficient to allege in the charge or information that the factory is a factory within the meaning of this Act and to state the name of the ostensible occupier of such factory, or, where the occupier is a firm, the title of such firm .Where, with respect to or in consequence of any accident in a factory, a report is made by any authority appointed to hold a formal investigation under any written law, or a coroner's inquest is held and it appears from such report or from the proceedings at such inquest that any of the provisions of this Act, or any orders or regulations made thereunder, were contravened at or before the time of the accident, proceedings against any person liable to be proceeded against in respect of such contravention may be commenced at any time within three months after the making of such report or the conclusion of such inquest.

Where any offence is committed under this Act by reason of a failure to make an examination, enter a report, or do any other thing, at or within a time specified by this Act or any order or regulation made thereunder, the offence shall be deemed to continue until the examination is made, or the report entered, or other thing done, as the case may be.If a person is found in a factory at any time at which work is going on or the machinery is in motion, except during the intervals for meals or rest, he shall, until the contrary is proved, be deemed for the purposes of this Act to have been then employed in such factory:Provided that this subsection shall not apply to a factory in which the only persons employed are members of the same family dwelling there.

142

Where in any proceedings under this Act with respect to a young person it appears to the court that such young person is apparently of or below the age alleged by the prosecutor, it shall lie on the accused to prove that the young person is not of or below that age.Where any entry is required by this Act or by any order or regulation made thereunder to be made in the general register or in any other register or record, the entry made by the occupier of a factory or on his behalf shall, as against him, be admissible as evidence of the facts therein stated, and the fact that any entry so required with respect to the observance of any provision of this Act or of any order or regulation made thereunder has not been made, shall be admissible as evidence that the provision has not been observed.

Where the occupier or owner of a factory is convicted of an offence under this Act, the court may, in addition to or in lieu of a fine, order him, within such time as may be specified in the order, to take such steps as may be so specified for remedying the matters in respect of which the 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 Act 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 three hundred penalty units for each day on which the non-compliance continues.Any document or order required or authorised to be served under this Act may be served-Service, etc., of documents

(a) on any person by delivering it to him or by leaving it at, or sending it by registered post to, his residence or place of business;

(b) on any firm by delivering it to any partner of the firm, or by leaving it at, or sending it by registered post to, the office of the firm;

(c) on the owner or occupier of a factory in any such manner as aforesaid, or by delivering it, or a true copy thereof, to the manager, foreman or other responsible person at the factory.

Any document mentioned in subsection (1) may be addressed, for the purpose of the service thereof on the occupier of a factory, to "the occupier" at the proper postal address of the factory, without further name or description. The foregoing provisions of this section shall apply with the necessary modifications to documents required or authorised under this Act to be sent to any person, firm, owner or occupier, and to the sending, addressing and delivery of such documents. If, by reason of an agreement between the owner and the occupier of premises, the whole or any part of which has been let as a factory, the owner or occupier is prevented from carrying out any structural or other

143

alterations in the premises which are necessary to enable him to comply with the provisions of this Act or or any order or regulations made there,under, or in order to conform with any standard or requirement imposed by or under this Act, he may apply, in accordance with any rules of court which may be made by the High Court in that behalf, to the High Court, and that Court, after hearing the parties and any witnesses whom it may desire to call, may make such an order setting aside or modifying the terms of the agreement as the Court may consider just and equitable in the circumstances of the case.

POWERS OF HIGH COURT TO APPORTION EXPENSESWhere, in any premises the whole or part of which has been let as a factory, any structural or other alterations are required in order to comply with the provisions of this Act or any order or regulation made there under, or in order to conform with any standard or requirement imposed by or under this Act, and the owner or occupier alleges that the whole or part of the expenses of the alterations ought to be borne by the occupier or owner, as the case may be, such owner or occupier may apply, in accordance with any rules of court which may be made by the High Court in that behalf, to the High Court, and that Court, after hearing the parties and any witnesses whom it may desire to call, may make such an order concerning the expenses or their apportionment as the Court considers just and equitable in the circumstances of the case, regard being had to the terms of any contract between the parties, or in the alternative the Court may, at the request of the owner or occupier, determine the lease.If in the opinion of the Chief Inspector of Factories any building, part of a building, machine, plant, matter, thing or practice in a factory is dangerous or defective so as to constitute a threat to health or safety of any person, the Chief Inspector of Factories-(a) shall send a written notice to the owner or occupier of the factory requiring such building, part of the building, machine, plant, matter, thing or practice to be vacated, repaired, removed, remedied or stopped, as the case may be, either forthwith or within such time as may be specified in such notice;

(b) may order work in such factory to be suspended until the requirements of the notice given under paragraph (a) have been complied with to the satisfaction of the Chief Inspector of Factories.

Any owner or occupier of a factory who receives a notice or order given under subsection shall comply therewith unless he intends to object thereto under subsection in which case, he shall cease to use the building, part of the building, machine, plant, matter, thing or practice to which the notice or order relates and shall forthwith withdraw all persons from the danger or defect until the case has been determined by the Commissioner in accordance with subsection.Provided that the Chief Inspector of Factories may, if he is of the opinion that there is no immediate danger to any person, grant written permission for work in such factory to continue for such period and upon such conditions as he may specify in such permission. Any owner or occupier of a factory who feels aggrieved by a notice or order given under subsection (1) may, immediately upon receipt of such notice or order, submit his objection thereto in writing to the Commissioner who shall thereupon determine the case and communicate his decision in writing.Any owner or occupier of a factory who is aggrieved by a decision of the Commissioner given under

144

subsection (3) may, not later than seven days from the date of the receipt of such decision, request the Commissioner in writing to refer the case to the Minister and the Commissioner shall refer the case to the Minister whose decision thereon shall be given in writing and be final. Pending a decision by the Minister under subsection (4), the owner or occupier of the factory concerned shall not use the factory or any part, machine or plant thereof or any matter, thing or practice therein unless the prior written permission of the Commissioner has been granted.

Any owner or occupier of a factory who, save as is provided in this section, fails to comply with any notice, order or decision given under this section shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding six thousand penalty units and, in the case of a continuing offence, to a further fine not exceeding one thousand five hundred penalty units for each day or part thereof during which such offence is continued.(As amended by Act No. 24 of 1975 and Act No. 13 of 1994)Any regulations made under the provisions of this Act may prescribe penalties for the contravention thereof not exceeding the penalties specified in section ninety-two.

Penalties.The Minister may, by statutory instrument, make regulations-(a) prescribing anything which under any provision of this Act is to be or may be prescribed; and(b) prescribing the fees to be paid and the method of payment of such fees in respect of any examination or test carried out under the provisions of this Act by any inspector.

Regulations

DANGEROUS OCCURRENCES

The following occurrences, if accidental, are scheduled for the purposes of section 77: 1. Bursting of a revolving vessel, wheel, grindstone or grinding wheel moved by mechanical power. 2. Collapse or failure of a crane, derrick, winch, hoist, or other appliance used in raising or lowering persons, goods, material, plant or any part thereof, or the overturning of a crane. 3. Explosion or fire due to ignition of dust, gas or vapour. 4. Electrical short circuit or failure of electrical machinery, attended by explosion or fire, or any damage to an underground electrical system caused by excavation or otherwise. 5. Explosion or fire affecting any room in which persons are employed and causing suspension of ordinary work. 6. Explosion of a receiver or container used for the storage at a pressure greater than atmospheric pressure of any gas or gases (including air) or any liquid or solid resulting from the compression of gas. 7. Explosion from a steam boiler or steam receiver.

145

INDUSTRIAL DISEASESBelow are discussed the industrial diseases:

1. Lead poisoning 2. Phosphorus poisoning 3. Arsenical poisoning 4. Mercurial poisoning 5. Anthrax 6. Carbon bisulphide poisoning 7. Aniline poisoning 8. Chronic benzene poisoning 9. Manganese poisoning 10. Compressed air illness 11. Cyanide poisoning 12. Toxic jaundice: that is, jaundice due to tetrachlorethane or nitro- or amido-derivatives of benzene or other poisonous substance. 13. Epitheliomatous-ulceration: that is, ulceration due to tar, pitch, bitumen, mineral oil or paraffin, or any compound, product or residue of any of these substances. 14. Chrome ulceration: that is, ulceration due to chronic acid or bichromate of potassium, sodium or ammonium or any preparation of any of these substances occurring in a factory. 15. Toxic anaemia: that is, pathological manifestations due to-(a) radium or any other radio-active substances; or(b) X-rays.

CONSTRUCTION (SAFETY AND HEALTH) REGULATIONS

Preliminary and InterpretationsThese Regulations may be cited as the Construction (Safety and Health) Regulations, and shall apply-(a) to building operations;(b) to works of engineering construction;as defined in section three of the Act, and undertaken by way of trade or business or for the purpose of any industrial or commercial undertaking, or by or on behalf of the Government or any local or other public authority.

"construction work" means any building operation or work of engineering construction;

"employer" means any person who, in connection with any construction work, employs or provides employment for or permits any other person in any manner whatsoever to assist in or about any construction work;

146

"hoist" means a lifting machine, whether worked by mechanical power or not, with a platform, carriage, cage, skip, bucket or other receptacle, the direction of movement of which is restricted by a guide or guides;

"ladder" does not include a step-ladder;

"ladder scaffold" means a scaffold with a working platform which is supported directly or by means of a crutch or bracket on a rung or rungs of a ladder;

"lifting machine" means a crab, winch, pulley block or gin wheel used for raising or lowering, and a hoist, crane, sheer legs, excavator, drag line, piling frame, aerial cableway, aerial ropeway or overhead runway;

"lifting tackle" means chain slings, rope slings or similar gear, and rings, links, hooks, plate clamps, shackles, swivels or eye bolts;

"scaffold" means any temporary structure on or from which persons perform work in connection with any construction work, and any temporary structure which enables persons to obtain access to or which enables materials to be taken to any place at which such work is performed, and includes any working platform, gangway, run, ladder or step-ladder (other than an independent ladder or step-ladder which does not form part of such a structure) together with any guard-rail, toe-board or other safeguards and all fixings, but does not include a lifting machine or a structure used merely to support such a machine or to support machinery or plant;

"suspended scaffold" means a scaffold suspended by means of ropes or chains, and capable of being lowered or raised by such means, but does not include a boatswain's chair or similar appliance;

"trestle scaffold" includes a scaffold in which the supports for the platform are step-ladders, tripods or similar movable contrivances;

"working platform" includes a working stage;

"workman" means any person who is employed or permitted to assist in any manner whatsoever in or about any construction work;

"work of engineering construction", as defined in section three of the Act, is hereby extended to include-

the construction, structural alteration or repair (including repointing and repainting) or the demolition of all or any of the following:

(a) any steel or reinforced concrete structure other than a building;(b) any airfield;

147

(c) any lake defence works or river works; and(d) any other civil or constructional engineering works of a similar nature to any of the foregoing works.

Any person undertaking any construction work which he has reasonable grounds for believing will not be completed within a period of less than six weeks shall, immediately upon the commencement thereof, give to the Commissioner written notice stating the name and address of such person, the place and nature of the construction work, and whether or not any mechanical power is to be used therein and, if so, its nature:Provided that no such notice shall be required in the case of any construction work which is to be undertaken upon a site where other construction work, in respect of which such a notice has been given, is in progress.

Notwithstanding the provisions of sub-regulation (1), the Commissioner may, by statutory order, require the giving of notice in respect of any class of construction work as may be specified in such order, even though the work is to be completed within a period of less than six weeks.Any notice given under the provisions of this regulation shall be given to the Commissioner through the inspector in the District in which the construction work concerned is to be carried out or, if no such inspector has been appointed, to the Commissioner direct. If the Commissioner is satisfied that, in the case of any particular class or description of plant or of any special description or method of work, the application of any requirement of these Regulations is, in any class or description of circumstances, not necessary in the interests of safety or not reasonably practicable, he may by certificate in writing (which he may at his discretion revoke at any time) grant an exemption from that requirement, subject to such conditions as may be specified in the certificate.

Scaffolds and Means of Access

Suitable and sufficient scaffolds shall be provided and erected for all construction work which cannot safely be done on or from the ground, or from part of a permanent structure, or from a ladder, or from other available means of support, and sufficient safe means of access shall be provided, so far as is reasonably practicable, to every place at which any person has at any time to work.No scaffold shall be erected, or be substantially added to or altered or be dismantled, otherwise than under the immediate supervision of a competent person, and so far as possible by competent workmen possessing adequate experience of such work.All materials for use in any scaffold shall be inspected by a competent person on each occasion before being taken into use. Every scaffold and every part thereof shall be of good construction, of suitable and sound material, and of adequate strength for the purpose for which it is used. Sufficient material shall be provided for and shall be used in the construction of scaffolds.imber used for the construction of scaffolds shall be of suitable quality, be in good condition, have the bark completely stripped off, and not be painted or treated in any way so that defects cannot easily be seen. Metal parts used for

148

scaffolds shall be of suitable quality and be in good condition and free from corrosion or other patent defect likely to affect their strength materially.

Every scaffold shall be securely supported or suspended and shall where necessary be sufficiently and properly strutted or braced to ensure stability.All structures and appliances used as supports for scaffolds shall be of sound construction, have a firm footing or be firmly supported, and shall where necessary be sufficiently and properly strutted or braced to ensure stability. Standards and uprights of scaffolds shall be, where practicable, vertical or slightly inclined towards the building or structure and be sufficiently close to ensure stability. Displacement of the foot of any standard shall be prevented by sinking into the ground or by placing the standard on a suitable plank or base plate, or by other adequate arrangements to prevent slipping. No part of a building or structure shall be used as support for part of a scaffold unless it is sufficiently strong and stable to afford safe support.Putlogs shall be straight or approximately straight. Putlogs having one end supported by a wall shall have a flat supporting surface at that end. Distances between putlogs shall be fixed with due regard to the nature of the platform and the load it will bear.Any travelling scaffold or scaffold which can be moved on wheels or skids shall, unless it is a suspended or slung scaffold, be-(a) constructed with due regard to stability and, if necessary for stability, adequately weighted at the base;(b) used only on a firm and even surface, not so sloping as to involve risk of instability of the scaffold or any load thereon;(c) adequately secured to prevent movement when any person is working upon it;(d) moved only by the application of force at or near the base. Travelling scaffolds

Chains, ropes and lifting gear used for the suspension of scaffolds shall be of sound material, adequate strength and suitable quality, and in good condition.No rope other than a wire rope shall be used for the suspension of a scaffold:Provided that this sub-regulation shall not apply in the case of a suspended scaffold which is raised or lowered otherwise than by means of winches, nor in the case of equipment used in lieu of a suspended scaffold in accordance with the provisions of regulation 14.Chains, ropes and metal tubes used for the suspension of a scaffold, other than a suspended scaffold, shall be properly and securely fastened to safe anchorage points and to the scaffold ledgers or other main supporting members, and shall be so positioned as to ensure stability of the scaffold, and shall be approximately vertical and be kept taut.Every scaffold suspended by means of ropes or chains shall be secured so as to prevent undue horizontal movement while it is used as a working platform. All scaffolds shall be properly maintained and every part shall be kept so fixed, secured or placed in position as to prevent, so far as is practicable, accidental displacement. Maintenance of scaffolds

No cantilever or jib scaffold shall be used unless it is adequately supported, fixed and anchored on the opposite side of the support, has outriggers of adequate length and cross-section, and is, where necessary, sufficiently strutted or braced to ensure rigidity and

149

stability.No figure or bracket scaffold supported or held by dogs, spikes or similar fixings liable to pull out of the stonework or brickwork in which they are gripped or fixed shall be used.No suspended scaffold shall be used unless it complies with the following requirements:(a) the platform shall be at least 500 millimetres wide and of adequate strength:(b) the outriggers or other means of support are properly constructed, of adequate length and strength and properly installed and secured:(c) the platform shall be provided with a suitable guardrail and toe-board or other efficient means to prevent the fall of persons or articles from the platform.(As amended by S.1.No. 90 of 1974) Suspended scaffolds

A skip, bucket, basket, boatswain's chair or similar equipment shall not be used in lieu of a suspended scaffold, except in special circumstances where the work to be performed therefrom is of such short duration as to make the use of a suspended scaffold unreasonable, or where the use of a suspended scaffold is not reasonably practicable, and such equipment shall only be so used under the supervision of a responsible person.

Skips, buckets, boatswain's chairs, etc.No equipment as is mentioned in sub-regulation (1) shall be used in lieu of a suspended scaffold unless- the equipment, including all the suspension ropes or chains and their means of support, are of good construction, sound material, adequate strength and free from patent defect, and the ropes or chains are securely attached; and suitable measures are taken to prevent spinning or tipping and to prevent any occupant from falling therefromNo skip, bucket or basket shall be used in lieu of a suspended scaffold unless it is-

(a) at least 800 millimetres deep; and ( b) either constructed wholly of suitable metal or carried by two strong bands of suitable metal which are properly fastened and continue round the sides and bottom.(As amended by S.1. No. 90 of 1974)

No trestle scaffold shall be used-

(a) if constructed with more than three tiers; or

(b) if it has a working platform more than 4,500 metres above the ground or floor or other surface upon which the scaffold is erected.

(2) No trestle scaffold shall be erected on a scaffold platform unless-

(a) the width of the platform is such as to leave sufficient clear space for the transport of materials; and

(b) the trestles or uprights are firmly attached to the platform and adequately braced to prevent displacement.

150

(3) No trestle scaffold shall be erected on a suspended scaffold.(As amended by S.1. No. 90 of 1974)

Ladder scaffolds shall be of adequate strength and used only for light work. Ladder scaffolds .Scaffolds in use, together with all fittings and connections, shall be inspected at least once a week by a competent person deputed by the employer, and a record in the form set out in the First Schedule shall be kept of all such inspections.

Where a scaffold or part thereof is to be used by or on behalf of an employer, other than the employer for whose workmen it was first erected, the first-mentioned employer shall, before such use, and without prejudice to any other obligations imposed upon him, take express steps, either personally or by a competent agent, to satisfy himself that the scaffold or part thereof is stable, that the materials used in its construction are sound, and that the safeguards required by these Regulations are in position. Scaffolds used by workmen of more than one employer .Scaffolds shall not be overloaded and materials shall not be kept thereon unless needed within a reasonable time.

Working Platforms, Working Places, Gangways, Etc.WORKING PLATFORMSEvery working platform from which a person is liable to fall more than 2 metres shall be-

(a) closely boarded, planked or plated;

(b) at least 500 millimetres wide if the platform is used as a footing only and not for the deposit of any material;

(c) at least 1 metre wide if the platform is used for the deposit of material;

(d) at least 1,250 metres wide if the platform is used for the support of any higher platform:

Provided that-

(i) the requirements of paragraphs (b) and (c) shall not apply in the case of a platform of a suspended scaffold, or in the case of a platform not less than 500 millimetres wide being the platform of a ladder scaffold or of a trestle scaffold where the work is of such a light nature and the material required for the work is such that a platform less than 1 metre wide can be used with safety, and the platform is not used for the support of any higher platform;

(ii) the requirements of paragraphs (b) and (c) shall not apply in the case of a platform of a scaffold which has to be placed in a confined space, where these requirements are impracticable and the platform is as wide as practicable.

151

No working platform resting on bearers let into a wall at one end and without other support shall be used unless the bearers are of adequate strength, pass through the wall and are securely fastened on the other side. Loose bricks, drainpipes, fuel drums or other unsuitable material shall not be used for the construction or support of scaffolds save that bricks or small blocks may, if they provide a firm support, be used to support a platform not more than two feet above the ground or floor.(As amended by S.I. No. 90 of 1974) .All boards or planks forming part of a working platform, gangway or run shall be of such thickness and so supported as to prevent undue or unequal sagging and also so supported or secured as to prevent tipping or spreading.Suitable measures such as the provision of adequate bevelled pieces shall be taken to reduce to a minimum the risk of tripping and to facilitate the movement of barrows where boards or planks which form part of a working platform, gangway or run overlap each other or are not of reasonably uniform thickness where they meet each other or, owing to warping or for some other reason, do not provide an even surface. Subject to the provision of sub-regulations (3), (4) and (5), every side of a working platform or working place, being a side thereof from which a person is liable to fall a distance of more than 2 metres, shall be provided with a suitable guard-rail or guard-rails of adequate strength, to a height of at least 1 metre above the platform or place and above any raised standing place on the platform or place, and with toe-boards up to a sufficient height, being in no case less than 205 millimetres, and so placed as to prevent so far as possible the fall of persons, materials and tools from such platform or place.The guard-rails and toe-boards used on a working platform or working place shall be placed on the inside of the uprights, and the space between any toe-board and the lowest guard-rail above it shall not exceed 700 millimetres.

It shall not be necessary to have a guard-rail up to 1 metre above the platform or place where this is impracticable on account of the nature or special circumstances of the work-(a) if there is a guard-rail up to a height of at least 700 millimetres; or(b) if, where a guard-rail up to a height of 700 millimetres is impracticable, secure handholds are provided for persons endangered by the absence of a guard-rail up to that height.Guard-rails and toe-boards required by sub-regulations (1) and (2) may be removed or remain unerected for the time and to the extent necessary for the access of persons or the movement of materials.The requirements of sub-regulations (1) and (2) shall not apply-(a) in respect of toe-boards, to the platform of a ladder scaffold or a trestle scaffold, or where and so far as the provision of a toe-board is impracticable on account of the nature or special circumstances of the work;

(b) in respect of guard-rails, to the platform of a ladder scaffold if a secure handhold is provided for the full length of such platform, nor to the platform of a trestle scaffold when the platform is supported on folding trestles or step-ladders;

152

(c) to a platform provided with suitable guard-rails which is on a sloping surface;

(d) to a temporary platform which is used only by erectors of structural steelwork or ironwork for the purposes of bolting-up, rivetting or welding work of such short duration as to make the provision of a platform with guard-rails and toe-boards unreasonable, so long as-(i) the platform is at least 1 metre wide; and(ii) there is adequate handhold; and(iii) the platform is not used for the deposit of tools or materials otherwise than in boxes or receptacles suitable to prevent the fall of the tools or materials from the platform.(As amended by S.I. No. 90 of 1974)

CONSTRUCTION OF GANGWAYS AND RUNSEvery gangway or run from any part of which a person is liable to fall a distance of more than 2 metres shall-

(a) be closely boarded, planked or plated:

Provided that this paragraph shall not apply to a gangway or run which is part of the fixed equipment of a structure and the boards, plates or planks of which are so secured as to prevent their moving and so placed that the space between adjacent boards, plates or planks does not exceed 25 millimetres, and there is no risk of persons below such gangway or run being struck by tools or other objects falling through such gangway or run;

(b) be at least 500 millimetres wide.

No gangway, run or working platform shall be used for the passage of materials unless it affords a clear passage-way which is adequate in width for the passage of the materials without the removal of the guard-rails or toe-boards and in any case is not less than 700 millimetres wide.No gangway or run shall be used the slope of which exceeds one vertical to three horizontal.Where the slope of any gangway or run renders additional foothold necessary, and in every case where the slope exceeds one vertical to four horizontal, there shall be provided proper stepping laths which shall-

(a) be placed at suitable intervals; and

(b) be the full width of the gangway or run, except that they may be interrupted over a width of not more than 100 millimetres to facilitate the movement of barrows.(As amended by S.I. No. 90 of 1974)

All gangways, runs and stairs from which a person is liable to fall a distance of more than 2 metres shall be provided with-

153

(a) suitable guard-rails of adequate strength to a height of at least 1 metre above the gangway, run or stair;(b) except in the case of stairs, toe-boards up to a sufficient height, being in no case less than 205 millimetres and so placed as to prevent so far as possible the fall of persons, materials and tools; the space between any such toe-board and the lowest guard-rail above it shall not exceed 700 millimetres: Provided that the provisions of this regulation shall not apply to a temporary gangway which is used only by erectors of structural steelwork or ironwork for the purposes of bolting-up, rivetting or welding work of such short duration as to make the provision of a gangway with guard-rails and toe-boards unreasonable.(As amended by S.I. No. 90 of 1974)

Every platform, gangway, run or stair shall be kept free from any unnecessary obstruction, or projections, material or rubbish and from any projecting nails.If any platform, gangway, run or stair becomes slippery, appropriate steps shall, as soon as is reasonably practicable, be taken to remedy the defect.Every ladder and step-ladder shall be of good construction, sound material and adequate strength for the purpose for which is it used.Ladders or step-ladders shall have a level and firm footing and shall not stand on loose bricks or other loose packing.Every ladder shall be properly placed and secured so that it cannot move from its position, and if it cannot be so secured it shall be secured as far as is practicable; if the ladder is supported but not securely fixed at the base a person shall, if practicable, be stationed at the base of the ladder to prevent slipping.

(4) No ladder shall be used which has-

(a) a missing or defective rung; or

(b) any rung which depends for its support solely on nails, spikes or other similar fixing.

No wooden ladder shall be used unless it is constructed with-

(a) uprights of adequate strength;

(b) rungs made of straight grained wood free from defect and mortised or securely notched into the uprights;

(c) reinforcing metal ties if the tenons are not secured by wedges.

Where a ladder, other than a crawling ladder, is used as a means of communication or as a working place, the ladder shall rise, or an adequate handhold shall be provided, to a height of at least 1 metre above the place of landing or the highest rung to be reached by the feet of any person working on the ladder, as the case may be, or, if that is

154

impracticable, to the greatest practicable height.Every ladder or run of ladders rising a vertical distance of over 9 metres shall, if practicable, unless fitted with a safety cage or safety hoops, be provided with an intermediate landing place or places so that the vertical distance between two successive landing places shall not exceed 9 metres.(As amended by S.I. No. 90 of 1974)Every accessible opening left in a roof, wall or floor of a building or structure, or in a working platform, gangway or run, through which any person is liable to fall a distance of more than 2 metres, shall be provided with suitable guard-rails and toe-boards or coverings to prevent the fall of persons or materials or articles through the opening, except where and when access is required for workmen or for the movement of materials, or for the completion of the building or permanent filling in of the opening.(As amended by S.I. No. 90 of 1974) Openings left in roofs, walls, floors, etc.Where any person is employed in connection with any construction work to which these Regulations apply, on a sloping roof without adequate footholds or handholds and having a pitch of more than 10 degrees, suitable and sufficient crawling ladders or duck-boards shall be provided and used, and such ladders or duck-boards shall be secured to prevent their slipping,Where all the work cannot be done from secured crawling ladders or duck-boards and where the sloping roof has a pitch of more than 30 degrees or the covering of the roof has a slippery surface, and where a person is liable to fall a vertical distance of more than 2 metres from the edges or the eaves, a parapet or barrier shall be provided at the lower edges or eaves of the roof, so as to prevent any person falling off the roof.Without prejudice to the foregoing provisions, no person shall pass across, or work on or from material which is liable to fracture and is so situated that he would be liable to fall a distance of more than 2 metres, unless suitable and sufficient ladders, crawling ladders or duck-boards are provided, secured, and used.

Prominent warning notices shall, except where the material is glass, be affixed at the approaches to fragile material.(As amended by S.I. No. 90 of 1974)Every working place and approach thereto connected with any construction work shall be adequately lighted.

LIFTING MACHINERY

Every lifting machine and every part thereof including all working gear and all other plant or equipment used for anchoring or fixing such machinery shall be of good mechanical construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.No crane which has any timber structural member shall be used.Every part of the framework of every crab or winch, including the bearers, shall be of metal.Every platform for the person or persons driving or operating a crane, or for any signaller, shall be-

(a) of sufficient area for the persons employed thereon;

155

(b) close planked or plated;

(c) provided with safe means of access;

(d) provided with guard-rails and toe-boards where necessary to prevent danger.

Every travelling jib crane on rails shall be provided with guards to remove any loose material from the track.The rail track on which a travelling crane moves shall be of sound construction, properly laid, maintained in good condition, as level as far as practicable, and provided with effective stops at the ends.Every travelling crane shall be fitted with effective brakes.Every travelling crane shall be fitted with an effective whistle or other warning device. Every lifting machine shall be adequately and securely supportedSupport, anchoring and stability.The anchoring or fixing arrangements of every lifting machine shall be adequate and secure.Every temporary attachment or connection of a rope, chain or other plant or equipment used in the erection or dismantling of any lifting machine shall be adequate and secure.No mobile lifting machine shall be used on a soft or uneven surface or on a slope in circumstances in which the stability of the machine is likely to be affected, unless adequate precautions are taken to ensure its stability.No fixed crane shall be used unless it is securely anchored or adequately weighted by suitable ballast properly placed on the crane structure so as to ensure stability.Where the stability of a crane is secured by means of removable weights, a diagram or notice indicating the position and amount of such weights shall be affixed on the crane where it can readily be seen.

On every stage, gantry or other place where a lifting machine having a travelling or slewing motion is used, an unobstructed passageway not less than 610 millimetres wide shall be maintained between any part of the machine liable so to move and any guard-rails, fencing or nearby fixtures: Provided that if at any time it is impracticable to maintain such a passage-way at any place or point, all reasonable steps shall be taken to prevent the access of any person to such place or point at any time.(As amended by S.I. No. 90 of 1974)

A crane shall not be erected or dismantled except under the supervision of a competent person.Erection and dismantling .The jib of a scotch derrick crane shall not be erected between the back stays of the crane. Effective measures shall be taken to prevent the foot of the king post of any scotch derrick crane from being lifted out of its socket or support whilst in use. Every drum or pulley round which the chain or wire rope of any lifting machine is carried shall be of suitable diameter and construction for the chain or rope used. Every chain or rope which terminates at the winding drum of a lifting machine shall be properly secured thereto, and at least two turns of such chain or rope shall remain on the drum in every operating position of the machine.

156

Every crane, crab and winch shall be provided with an efficient brake or brakes or other safety device which will prevent the fall of the load when suspended and by which the load can be effectively controlled whilst being lowered.On every lifting machine, every lever, handle or wheel provided for controlling the operation of any part of the machine shall, where practicable, be provided with a suitable locking device to prevent accidental movement or displacement of the lever, handle or wheel, unless it is so placed or constructed as to prevent such accidental movement or displacement, or unless the machine is so constructed that such accidental movement or displacement will not affect the machine in a manner liable to cause danger. Every lever, handle, wheel, switch or other device provided for controlling the operation of any part of a lifting machine shall have upon or adjacent to it clear markings to indicate its purpose and mode of operation:

Provided that this sub-regulation shall not apply to rotating handles for raising or lowering the load in the case of a winch or non-derricking jib crane not operated by mechanical power. The rotating handle of any hand operated crane shall be removed when lowering the load on the brake. Every machine used for raising and suspending a pile driving hammer which operates by gravity shall be provided with adequate means of control, including efficient brakes and there shall be suitable scotches or stops for every such hammer. On every crane having a derricking jib operated through a clutch, there shall be provided and properly maintained an effective interlocking arrangement between the derricking clutch and the pawl sustaining the derricking drum, which shall ensure that the clutch cannot be disengaged unless the pawl is in effective engagement with the derricking drum, and the pawl cannot be disengaged unless the clutch is in effective engagement with the derricking drum:

Provided that this sub-regulation shall not apply to any crane in which-

(i) the hoisting drum and the derricking drum are independently driven; or

(ii) the mechanism driving the derricking drum is self-locking.

Without prejudice to sub-regulation (2), the hoisting mechanism of a crane shall not be used for any purpose other than raising or lowering a load vertically, unless no undue stress is imposed on any part of the crane structure or mechanism, and the stability of the crane is not thereby endangered and unless such use is supervised by a competent person.A crane with a derricking jib shall not be used with the jib at a radius exceeding the maximum radius at which the jib may be worked and which is required to be plainly marked upon the crane by regulation 38.The safe working load or safe working loads and a means of identification shall be plainly marked upon every crane, crab or winch and upon every pulley block, gin wheel, sheer legs or derrick pole or mast used in the raising or lowering of any load. Every crane with a derricking jib shall have plainly marked upon it the safe working loads at various radii of the jib, and the maximum radius at which the jib may be worked, and be fitted with an accurate indicator clearly visible to the driver, showing the radius of the jib at any time and the safe working load corresponding to that radius.

157

A crane, crab, winch, pulley block, gin wheel, sheer legs, derrick pole, mast or any part of such machine shall not be loaded beyond the safe working load, provided that for the purpose of making tests of any such machine the safe working load may be exceeded by such amount as a competent person appointed to carry out the tests may authorise. Load not to exceed safe working load.Where there is lifted on a crane, crab, winch (other than a piling winch), sheer legs or aerial cableway, a load which is equal to or slightly less than the relevant safe working load and which is not already sustained wholly by the machine, the lifting shall be halted after the load has been raised a short distance and before the operation is proceeded with.Where more than one lifting machine is required to raise or lower one load-

(a) the plant or equipment used shall be so arranged and fixed that no such lifting machine shall at any time be loaded beyond its safe working load or be rendered unstable in the raising or lowering of the load; and

(b) a competent person shall be specially appointed to supervise the operation.

No crane, crab, winch, hoist, pulley block, gin wheel or sheer legs shall be used for the first time unless it has been tested and thoroughly examined by a competent person or certified by the manufacturer of the machine. A certificate of the test and examination specifying the safe working load or loads shall be kept available for inspection. 42. Every lifting machine and all plant or gear used for anchoring or fixing such machine shall, as far as the construction permits, be inspected for patent defects by a competent person at least once in every week. No lifting machine shall be used unless it has been thoroughly examined by a competent person within the previous fourteen months, or, in the case of a hoist, within the previous six months, and following any substantial alteration or repair. The whole of the appliances for the anchorage or ballasting of a crane shall be examined by a competent person on each occasion before the crane is erected.

(2) After each erection of a crane on a construction site and after each removal of a crane about or to such a site, or any adjustment to any member of a crane, being a removal or adjustment which involves changes in the arrangements for anchoring or ballasting the crane, the security of the anchorage or the adequacy of the ballasting, as the case may be, shall, before the crane is taken into use, be tested by a competent person, by the imposition either-

(a) of a load of twenty-five per centum above the maximum load to be lifted by the crane as erected at the positions where there is the maximum pull on each anchorage; or

158

(b) of a less load arrangement to provide an equivalent test of the anchorage or ballasting arrangements.

45. Where any person engaged on the examination, repair or lubrication of any lifting machine is liable to fall a distance of more than 2 metres there shall, so far as is reasonably practicable, be provided and maintained safe means of access to the place at which the person has to work, with, where necessary, adequate footholds and handholds.(As amended by S.I. No. 90 of 1974) Safe means of access

46. (1) A lifting machine shall not be operated except by a person trained and competent to operate that machine, except that it shall be permissible for such machine to be operated by a person who is under the direct supervision of a qualified person for the purpose of training. Operation and signalling

(2) Where the person operating a lifting machine (other than a hoist subject to Part V) has not a clear and unrestricted view of the load, or, where there is no load, of the point of attachment for a load, and of its vicinity, throughout the operation, except at any place where such a view is not necessary for safe working, there shall be-

(a) appointed and suitably stationed one or more competent persons as may be necessary to give the necessary signals to the operator; or

(b) effective apparatus or devices provided and used to give sound, light or colour signals to the operator.

(3) Every signal for the movement or stopping of a lifting machine or its load, as required by subsection (2), shall be of a distinctive character and such that the person to whom it is given is able to see or hear it easily.

(4) Devices or apparatus used for giving sound, light or colour signals shall be efficient and properly maintained and signal wires shall be adequately protected from accidental interference.

HOISTS

Accessible parts of the hoistway of every hoist shall be efficiently protected to prevent any person falling down the hoistway or coming into contact with any moving part of the

159

hoist or falling from a hoist platform at rest at a landing or loading place. The installation arrangements of every hoist shall at any one time be such that it can be operated from only one position. If the person operating a hoist has not a clear and unrestricted view of the platform, carriage, cage, skip, bucket or other receptacle throughout its travel, except at points where such view is not necessary for safe working, then effective arrangements shall be made for signals for operating the hoist to be given to him from each landing place at which the hoist is used and to enable him to stop the platform, carriage, cage, skip, bucket or other receptacle at the appropriate level.No person shall ride upon the platform or in the receptacle of a hoist intended only for the carriage of goods, materials, plant or equipment, and there shall be a readily legible notice on the platform or receptacle or at each landing place at which the hoist is used stating that the carriage of persons is prohibited.In connection with every hoist there shall be provided and maintained efficient devices which will support the platform, carriage, cage, skip, bucket or other receptacle together with its safe working load in the event of failure of the hoist rope or ropes or any part of the hoisting gear. In connection with every hoist there shall be provided and maintained efficient automatic devices which will ensure that the platform, carriage, cage, skip, bucket or other receptacle does not overrun the highest point to which it is for the time being constructed to travel. Every hoist used for carrying persons shall be provided with a cage which is so constructed as to prevent any person carried from falling out, or from being trapped between any part of the cage and any fixed structure or any moving part of the hoist, or from being struck by articles or material falling down the hoistway.Every cage of a hoist used for carrying persons shall be suspended by means of at least two ropes, each rope and its attachments being such as to carry with safety the whole weight of the cage and its safe working load.

In connection with every hoist used for carrying persons, there shall be provided suitable efficient automatic devices which will ensure that the cage comes to rest at a point above the lowest point to which the cage can travel.Every hoist in which any person is being carried shall be operated from the cage of the hoist only. Where a hoist is operated by means of a winch, the winch shall be so constructed that the brake is applied when the control lever, handle or switch is not held in the operating position, and the winch shall not be a winch fitted with a pawl and ratchet gear on which the pawl has to be disengaged before the platform, carriage, cage, skip, bucket or other receptacle can be lowered.The safe working load shall be plainly marked on every hoist platform, carriage, cage, skip, bucket or other receptacle. In the case of a hoist used for carrying persons, the maximum number of persons to be carried at any one time shall also be so marked, and a greater number of persons shall not be so carried. Safe working load of hoists

LIFTING TACKLE AND PLANT

The following provisions shall be complied with as respects every chain, rope or lifting tackle used in raising or lowering or as means of suspension:

160

(a) no chain, rope or lifting tackle shall be used unless it is of good construction, sound material, adequate strength, suitable quality and free from patent defect;(b) a table showing the safe working loads of every kind and size of chain, rope or lifting tackle in use and, in the case of a multiple sling, the safe working loads at different angles of the legs shall be posted in the store in which the chains, ropes or lifting tackle are kept and in prominent positions on the site of the construction work, or, alternatively, in relation to any lifting tackle, the safe working load thereof, or, in the case of a multiple sling, the safe working load at different angles of the legs, shall be plainly marked upon it;

(c) no chain, rope or lifting tackle shall be used for any load exceeding the safe working load, except for the purpose of making tests;

(d) the safe working load of any chain, rope or lifting tackle shall be that determined by a competent person or by the makers thereof in so far as such information from the makers is available;

(e) all chains, ropes and lifting tackle in use shall be thoroughly examined by a competent person at least once in every period of six months.

Every hook used for raising or lowering or as means of suspension shall be of such design as to reduce as for as possible the risk of displacement of the sling or load from the hook.Every chain sling or rope sling used for raising or lowering on a lifting machine shall be securely attached to the machine, and the method of attachment shall not be a method likely to result in any damage to any part of the sling or to any lifting tackle supporting it. No double or multiple sling shall be used for raising or lowering if-

(a) the upper ends of the sling legs are not connected by means of a shackle, ring or link of adequate strength: or

(b) the safe working load of any sling leg is exceeded as a result of the angle between the sling legs.

Adequate precautions shall be taken by the use of suitable packing or otherwise to prevent the edges of the load from coming into contact with any sling, rope or chain, so as to cause danger.Every part of the load shall be securely suspended or supported whilst being raised or lowered and shall be adequately secured to prevent danger from slipping or displacement.Where by reason of the nature or position of the operation a load is liable, whilst being moved on a lifting machine or lifting tackle, to come into contact with any object so that the object may become displaced, special measures shall be adopted to prevent the danger so far as is reasonably practicable.Every container or receptacle used for raising or lowering stone, bricks, tiles, slates or similar objects shall be so enclosed, constructed or designed as to prevent the accidental fall of such objects:

161

Provided that this requirement shall not apply to a grab, shovel or similar excavating receptacle if effective steps are taken to prevent any person being endangered by a fall of objects therefrom. Goods or loose material shall not be placed directly on a platform of a hoist unless such platform is enclosed or other effective precautions are taken where necessary to prevent the fall of any such goods or material. No truck or wheelbarrow shall be carried on a hoist platform unless it is effectively scotched or secured on the platform.No loaded truck or wheelbarrow shall be carried on the open platform of a hoist unless the truck or wheelbarrow is so loaded that no part of the load is liable to fall off.

No load shall be left suspended from a lifting machine unless a competent person is actually in charge of the machine.No person shall be raised, lowered or carried by a crane except on the driver's platform.No person shall be raised, lowered or carried by a power-driven lifting machine except-

(a) on the driver's platform in the case of a crane; or

(b) on a hoist; or

(c) on a suspended scaffold of a type approved by an inspector; or

A person may be raised, lowered or carried by a power-driven lifting machine otherwise than in accordance with the provisions of sub-regulation (1) only-

(a) in circumstances where the use of a hoist or of an approved suspended scaffold is not reasonably practicable and the requirements of sub-regulation (3) are complied with; or

(b) on an aerial cableway or aerial ropeway provided that the requirements of paragraphs (b) to (d) of sub-regulation (3) are complied with.

The requirements referred to in sub-regulation (2) are-

(a) that the machine can be operated from one position only;

(b) that any winch used in connection with the machine shall comply with regulation 51.

162

(c) that no person shall be carried except-(i) in a suitable chair or cage; or(ii) in a suitable skip or other receptacle at least 1 metre deep; and any such chair, cage, skip or other receptacle shall be of good construction, sound material, adequate strength and properly maintained, and shall be provided with suitable means to prevent any occupant falling out and shall not contain material or tools liable to interfere with his handhold or foothold or otherwise endanger him; and

(d) that suitable measures shall be taken to prevent the chair, cage, skip or other receptacle from spinning or tipping in a manner dangerous to any occupant.(As amended by S.I. No. 90 of 1974) .A report of the result of any test, examination or inspection required by regulations 41, 42, 43, 44 and 53 shall, as soon as practicable after the completion of such test, examination or inspection, be supplied by the competent person to the person undertaking the construction work. The Commissioner may from time to time specify the particulars which shall be entered in any register to be kept under the provisions of this regulation by the person undertaking construction work.A register kept under the provisions of this regulation shall be kept either at the site of the construction work to which it applies or, where this is not practicable, at the office of the person undertaking such construction work. All reports, certificates and other documents kept in the register and required by these Regulations shall at all reasonable times be open to inspection by an inspector. The person keeping any such report, certificate or other document shall send to any inspector such extracts therefrom or copies thereof as the inspector may from time to time require for the purpose of the execution of his duties under the Act.

If it is shown to the satisfaction of the Commissioner that it is unnecessary or unreasonable in the special circumstances of a case or class of lifting machine, hoist, lifting tackle or plant subject to Parts IV, V and VI to enforce any of the requirements, he may by certificate grant exemption from compliance with such requirements.

163

EXCAVATIONS, SHAFTS AND TUNNELS

Every part of any excavation, shaft, earthwork and tunnel where persons are employed shall be inspected by a competent person at least once every day during which persons are employed and at the beginning of every shift. The competent person shall keep a record of such inspections which shall be kept available at the site for any examination by an inspector. An adequate supply of timber of suitable quality or other suitable material shall where necessary be provided and used to prevent, so far as is reasonably practicable and as early as is reasonably practicable in the course of the work, danger to any person employed from a fall or dislodgement of earth, rock or other material forming the side or roof of or adjacent to any excavation, shaft, earthwork or tunnel:Provided that-

(i) this regulation shall not apply where the competent person has certified that the work can be carried out in safety, having regard to the nature and slope of the side of the excavation or earthwork and other circumstances, and that no fall or dislodgement of earth or other material so as to bury or trap a person employed, or so as to strike a person employed, is liable to occur;

(ii) this regulation shall not apply in relation to a person actually engaged in timbering or other work which is being carried out for the purpose of compliance with this regulation, if appropriate precautions are taken to ensure his safety as far as circumstances permit. No timbering or plant used to retain or support any part of an excavation, shaft, earthwork or tunnel shall be erected or be substantially added to, altered or dismantled except under the direction of a competent person.No person shall be employed in any part of any excavation, shaft, earthwork or tunnel after any unexpected substantial fall of earth or rock or other material in the vicinity of such part until the sides and, where necessary, the roof, have been inspected by a competent person and such person has certified that the operations may be carried out in safety.This regulation shall not apply to persons carrying out inspections required by this regulation or actually engaged in timbering or other work for the purpose of making a place safe, if appropriate precautions are taken to ensure their safety as far as circumstances permit. No excavation, shaft, earthwork or tunnel which is likely to reduce, so as to endanger any person employed, the security or stability of any part of any structure, whether temporary or permanent, shall be commenced or continued unless adequate steps are taken before and during the progress of the work to prevent danger to any person employed from the collapse of the structure or the fall of any part thereof.Every accessible part of an excavation, shaft, pit or opening in the ground into or down the side of which a person employed is liable to fall a vertical distance of more than 2 metres shall be provided with a suitable barrier to a height of at least 610 millimetres and as close as is reasonably practicable to the edge, or shall be securely covered:Provided that the foregoing requirement shall not apply to any part of an excavation, shaft, pit or opening while (and to the extent to which) the absence of such barrier and covering is necessary for the access of persons or for the movement of plant or materials or while (and to the extent to which) it has not yet been practicable to erect such barrier

164

or covering since the formation of that part of the excavation, shaft, pit or opening.

Materials shall be cleared to a distance of at least 1,550 metres from the edges of an excavation, shaft, pit or opening in the ground so as not to endanger persons employed below.

No load shall be placed or moved near the edge of any excavation, pit or shaft where it is likely to cause a collapse of the side of the excavation, pit or shaft and thereby endanger any person.(As amended by S.I. No. 90 of 1974)

In the open face working of any excavation no undercutting shall be allowed and no vertical face shall, so far as is reasonably practicable have a height of more than 1,550 metres but such open face shall be worked in terraces or at an angle of safety. All debris and other loose matter or stones on the surface shall be cleared to a distance of at least 1,550 metres from the edge of the working.(As amended by S.I. No. 90 of 1974) Open face excavations

Every excavation, shaft or tunnel shall have safe and reliable means of entry and exit for persons employed and, as far as is reasonably practicable, the means of entry and exit shall be provided at intervals not exceeding 15 metres.(As amended by S.I. No. 90 of 1974) Means of entry and exitAll persons working in shafts, tunnels and in other construction work, where there is a similar risk of head injuries, shall be provided with suitable protective hard hats, which shall be worn by the persons concerned. Explosives at construction sites shall not be handled or used except by or under the immediate control of a competent person with adequate knowledge of the dangers connected with their use, and steps shall be taken to see that, when a charge is fired, persons employed are in positions in which, so far as can be anticipated, they are not exposed to risk of injury from the explosion or from flying material.In addition to the above requirement, the use of explosives in construction work will be subject to any regulations controlling the use of explosives which are enforced by the Chief Inspector of Mines.

DEMOLITION

Before demolition is commenced and also during the progress of the work-(a) no electric cable or apparatus which is liable to be a source of danger, other than a cable or apparatus used for the operation, shall remain electrically charged;

Avoidance of danger from electric cables, fire and water

(b) all practicable steps shall be taken to prevent danger to persons employed-

165

(i) from risk of fire or explosion through leakage or accumulation of gas or vapour; and

(ii) from risk of flooding from water mains, sewers or culverts.

No floor, roof or other part of a building shall be so overloaded with debris or materials as to render it unsafe. Overloading of floors, etc.

Before any steelwork or ironwork is cut or released, precautions shall be taken, so far as is practicable, to avoid danger from any sudden twist, spring or collapse. Removal of steelwork

Before demolition is commenced, and also during the progress of the work, precautions shall, where necessary, be taken by adequate shoring or otherwise to prevent, as far as practicable, the accidental collapse of any part of the building or any adjoining building, the collapse of which may endanger any person employed. Shoring to prevent collapse

All demolition and operations incidental thereto shall be specifically placed under the supervision of a competent person experienced in demolition operations. Supervision

166

TRANSPORT

All rails forming a rail track and every gantry or elevated structure carrying rails on which trucks, wagons or any other conveyances are moved by a locomotive or other form of mechanical haulage, shall be properly constructed, adequately supported and maintained so as to ensure the stability of any locomotive, truck, or wagon, etc., on the track. Every rail track shall be provided at each end with adequate stop blocks, buffers and, where practicable, automatic braking devices.Every locomotive, wagon and truck used for transport purposes shall be properly maintained. On every level on which mechanical haulage is employed, adequate clearance shall be maintained between the sides of the level and the trucks unless suitable recesses are provided at intervals of not more than 30 metres. All reasonable steps shall be taken to avoid or obviate low clearance and overhead obstructions.(As amended by S.I. No. 90 of 1974) ClearanceEvery gantry or elevated structure carrying rails on which a locomotive, truck or wagon moves shall be properly constructed and maintained and, at every part along which persons employed have to pass on foot, shall be provided with a suitable and adequate footway.Every locomotive or other type of mechanical haulage shall be fitted with an effective whistle or other warning device. It shall be the duty of the person in charge of any locomotive, truck, or train of trucks to ensure that such locomotive or truck or the leading unit of a train of trucks has an adequate light affixed to the front of it when in motion in the dark.No person shall be required or permitted to ride on a buffer or on a running board or in any other insecure position on any locomotive, truck, wagon or other vehicle, except where adequate handholds and footholds are provided.No person shall be required or permitted to remain on any truck, wagon or other vehicle during the loading or unloading of loose materials by means of a grab, excavator or similar appliance, if he is endangered by so remaining.A mechanically propelled vehicle or a mechanically drawn trailer-vehicle if owned or used by, or hired by and operated under the control of, a contractor or employer of workmen at any construction site to which these Regulations apply and used for conveying workmen, goods or materials for the purpose of such operations shall, when being moved at a site where such construction work is carried on (whether or not workmen, goods or materials are actually being conveyed on the vehicle at the time)-(a) be in an efficient state, in efficient working order and in good repair and not be used in an improper manner; and(b) not be loaded in such a manner or to such an extent as to interfere with the safe driving or operation of the vehicle.This regulation shall not apply to locomotives, trucks or wagons on lines of rails. On every inclined track where trucks are worked, attached to a rope or chain, adequate safety devices shall be provided to prevent danger from runaway trucks. Where any vehicle is used for tipping material into any excavation or pit or over the edge of any embankment or earthwork, adequate measures, such as the provision of suitable stop blocks, shall be taken where necessary so as to prevent such vehicle from over-running the edge of such excavation, pit, embankment or earthwork.

167

HEALTH

At every site where persons are employed in operations to which these Regulations apply-(a) (i) a sufficient number of first-aid boxes or cases shall be available in readily accessible positions while work is going on; First-aid, ambulance and ambulance room

(ii) in the case of a site where more than one hundred persons are employed, there shall be provided and available suitable stretchers and a vehicle capable of efficiently carrying an injured person on a stretcher:

Provided that this sub-paragraph shall not apply if specific arrangements have been made for obtaining an ambulance and stretchers promptly, when required, from a hospital or other place in the immediate vicinity of the site;

(iii) a suitable sling stretcher or other appliance for raising injured persons shall be readily available where work is being carried on in an excavation, shaft or other place, the proper removal from which of a seriously injured person is liable to call for the use of such an appliance;

(iv) nothing except appliances or requisites for first-aid shall be kept in a first-aid box or case;(b) every first-aid box or case shall-

(i) contain such equipment as by law provided which shall be kept clean and in good condition;

(ii) be placed under the charge of a responsible person who shall be capable of giving first-aid and be readily available;(c) in the following cases, namely:

(i) in the case of a site where more than five hundred persons are intended to be or have been employed at any one time and the number so employed is for the time being more than two hundred and fifty; and

168

(ii) in the case of a site at which more than two hundred and fifty persons are intended to be or have been employed and which is more than sixteen kilometres from a hospital and at which the number so employed is for the time being more than one hundred;

there shall be provided a properly constructed ambulance room with equipment at least up to such standards as prescribed in the Second Schedule, The room shall be in the charge of a suitably qualified person and a record shall be kept of all cases of sickness or accident treated at the room. An adequate supply of wholesome drinking water shall be provided at a convenient point or points and clearly marked "Drinking Water". There shall be provided, if an inspector so directs, at or in the immediate vicinity of any site where persons are employed in operations to which these Regulations apply-(a) conveniently accessible and suitable accommodation for taking shelter during interruptions owing to bad weather;(b) conveniently accessible and suitable accommodation for changing clothing;(c) adequate and suitable accommodation for taking meals.

Sufficient and suitable sanitary conveniences for all persons employed at a construction site shall be provided by the main contractor or employer of workmen undertaking the operations. Where in connection with any grinding, cleaning, spraying or manipulation of any material, there is given off dust or fume of such a character and to such an extent as to be likely to be injurious to the health of persons employed, suitable respirators or otherwise shall be provided to prevent inhalation of such dust or fume.Where the following processes are carried on, that is to say:(a) dry grinding of surfaces of metal, stone, concrete or similar materials by means of a wheel or disc driven by mechanical power;(b) cutting, dressing or carving of stone, concrete or similar materials by means of a portable tool driven by mechanical power;(c) chipping or scaling of painted or corroded metal surfaces or wire-brushing of such surfaces by mechanical power;(d) cutting out and cutting off of cold rivets from any structure or part thereof; and(e) welding or cutting of metals by means of an electrical, oxy-acetylene or similar process; suitable goggles or screens shall be provided to protect the eyes of persons employed in the process.Effective steps shall be taken to secure and maintain the adequate ventilation of every working place in any excavation, pit, hole, adit, tunnel, shaft, caisson, or other enclosed space so as-(a) to maintain an atmosphere which is fit for respiration; and(b) to render harmless all fumes, dust or other impurities which may be dangerous or injurious to health.Where any persons are employed in a process in which a lead compound or other poisonous substance is used, there shall be provided for the use of the persons liable to come into contact with such compound or substance adequate and suitable facilities for washing, which shall include nail brushes, soap and towels. Lead compounds and other poisonous substances

169

MISCELLANEOUS

No timber or materials with projecting nails shall be used in any work in which they are a source of danger to persons employed or be allowed to remain in any place where they are a source of danger to such persons.Any temporary structure erected for the purpose of operations to which these Regulations apply, not being a scaffold or a structure to which any other regulation applies, shall be of good construction, sound material and adequate strength and stability, having regard to the purpose for which it is used.All practicable precautions shall be taken, by the use of temporary guys, stays, supports and fixings or otherwise where necessary, to prevent danger to any person employed through the collapse of any part of a structure during any temporary state of weakness or instability of the structure or part thereof before the structure is completed.Where on or adjacent to the site of any operations to which these Regulations apply there is water into which a person employed is in the course of his employment liable to fall with risk of drowning, suitable rescue equipment shall be provided and kept ready for use and steps shall be taken to arrange for the prompt rescue of any such person in danger of drowning. Where appropriate and reasonably practicable, secure fencing of not less than 1 metre in height shall be erected near the water to prevent such fall.(As amended by S.I. No. 90 of 1974)If the special nature or circumstances of any part of the work renders impracticable compliance with the provisions of these Regulations designed to prevent the fall of any persons engaged on construction work, then those provisions shall be complied with so far as practicable and, except for persons for whom there is adequate handhold and foothold, either there shall be provided-(a) suitable safety nets or safety sheets; or(b) safety belts or other contrivances which will so far as practicable enable such persons who elect to use them to carry out the work without risk of serious injury.Measures shall be taken to prevent, so far as practicable, steam, smoke or other vapour from being generated on the site of operations to which these Regulations apply and obscuring any part of the work, scaffolding, machinery or plant where any person is employed.Scaffold materials, tools and other objects and material (including waste material) shall not be thrown, tipped, or shot from a height where they are liable to cause injury, but shall be properly lowered; in any place where proper lowering is not practicable and also where any part of a structure is being demolished or broken off, adequate steps shall be taken, where necessary, to protect persons employed from falling or flying debris.Every employer shall submit such returns and reports and keep such records as the Commissioner may from time to time require, and any employer who fails to render any such return or report or keep such record, or knowingly makes any false statement in any such return, report or record, shall be guilty of an offence.All parts of machinery as may be a source of danger to any person at a construction site subject to these Regulations shall be securely fenced and guarded.

Before any construction work to which these Regulations apply is commenced, and also during the progress thereof, all practicable steps shall be taken to prevent danger to

170

persons employed from any live electric cable or apparatus which is liable to be a source of danger, either by rendering such cable or apparatus dead or otherwise. Electricity

Where any electrically charged overhead cable or apparatus is liable to be a source of danger to persons employed during the course of any construction work to which these Regulations apply, whether from a lifting machine, or the use or handling of any plant, equipment or building materials, all practicable precautions shall be taken, either by the provision of adequate and suitably placed barriers or otherwise, to prevent approach to the danger area in the vicinity of the overhead cables or apparatus. All electrical apparatus and conductors used in construction work shall comply with the relevant requirements of the Factories (Electricity) Regulations.It shall be the duty of every contractor and every employer of workmen undertaking any construction work to which these Regulations apply-(a) to comply with such regulations which affect him or any workmen employed by him:

Provided that the requirements of the said regulations shall be deemed not to affect any workman if and so long as his presence in any place is not in the course of performing any work on behalf of his employer and is not expressly or impliedly authorised or permitted by his employer;(b) to comply with such regulations as relate to any work, act or operation performed or about to be performed by any such contractor or employer of workmen;(c) to comply with such regulations as relate to the erection or alteration of scaffolds and to the erection, dismantling, installation, working or use of any machine, appliance or other plant or equipment by any such contractor or employer of workmen;(d) to keep readily available a copy of these Regulations for use on the site of any construction work. It shall be the duty of every person employed to comply with the requirements of such of these Regulations as relate to the performance of or the refraining from an act by him and to co-operate in carrying out these Regulations and, if he discovers any defect in the machinery, plant or equipment, to report such defect without unreasonable delay to his employer or foreman, or to a person appointed by the employer as safety supervisor. Whenever an accident occurs in any construction work which either-

(a) causes loss of life to a person employed in that construction work; or

(b) disables any such person for more than three days from earning full wages at the work at which he was employed;the employer shall forthwith send written notice of the accident to an inspector.

In addition, in case of death, the employer shall forthwith send notice of the accident in writing, and also where practicable by telegraph or telephone, to an inspector.Whenever death ensues as a consequence of an accident which has already been notified, the employer shall immediately send notice of such death to an inspector.

171

These Regulations shall not apply to construction work undertaken within the boundary of a mine, or to premises used for refining metals or ores which are under the control of a mining company or authority.Any person guilty of an offence to which section ninety-one of the Act applies, or in respect of these Regulations or any lawful requirement made thereunder, shall be liable to the penalties prescribed by section ninety-two of the Act.

HEALTH

1. Cleanliness. Every factory must be kept clean. In particular, accumulations of dirt and refuse must be removed daily from floors and benches; the floor of every workroom must be cleaned at least once a week and, where wet processes are carried on, adequate means for draining the floor must be provided. All inside walls, partitions and ceilings must-(i) if they have a smooth impervious surface, be washed with hot water and soap or cleaned by other approved method every 14 months, or (ii) if kept painted in a prescribed manner or varnished, be repainted or revarnished at least once every 7 years and washed with hot water, etc., every 14 months, or (iii) in other cases, be whitewashed or colourwashed every 14 months (Section 19). The prescribed particulars must be entered in the General Register (Sections 19 and 86).2. Overcrowding. A factory must not be overcrowded. There must be in each workroom at least 12 cubic metres of space for every person employed, not counting space more than 4 metres from the floor.3. Every workroom must not be less than 3.048 metres in height, measured from the floor to the lowest point of the ceiling or, where there is no ceiling, to the lowest point of the roofing material (Section 20).4. Ventilation. Adequate ventilation of workrooms must be secured by the circulation of fresh air. All practicable measures must be taken to protect workers against inhalation of dust, fumes or other impurities likely to be injurious or offensive, and local exhaust ventilation must be provided and maintained where practicable (Sections 21 and 69).5. Lighting. There must be sufficient and suitable lighting in every part of the factory in which persons are working or passing (Section 22).6. Sanitary Conveniences. Sufficient and suitable sanitary conveniences, separate for each sex, must be provided. The conveniences must be maintained and kept clean and effective provision must be made for lighting them (Section 23).7. Meals in Certain Dangerous Trades. A person must not partake of food or drink in workrooms where any poisonous substance is so used as to give rise to dust or fume (Section 70).8. Protective Clothing, Appliances and Screening. Suitable protective clothing and appliances including, where necessary, suitable gloves, footwear, goggles and head coverings, must be provided and maintained for the use of workers employed in any process involving excessive exposure to heat, cold or wet or to any poisonous or other injurious or offensive substance.9. Suitable goggles or effective screens must be provided to protect the eyes of persons employed in any process likely to entail injury to the eyes and screening or other

172

effective provision must be made to protect the eyes of any person exposed to electric arc welding flash (Section 71).10. Lifting Excessive Weights. No one must be employed to lift, carry or move any load so heavy as to be likely to cause injury (Section 72).11. Notification of Industrial Diseases. Cases of poisoning by lead, phosphorus, arsenic, mercury, carbon bisulphide, manganese, cyanide or aniline; chronic poisoning by benzene; compressed air illness; anthrax; toxic jaundice due to tetrachlorethane or nitro- or amido- derivatives of benzene or other poisonous substance; toxic anaemia, epitheliomatus ulceration, and chrome ulceration must forthwith be reported to an Inspector of Factories and entered in the General Register (Section 78).

SAFETY12. Fencing. Every part of the transmission machinery and every dangerous part of other machinery, and all parts of electric generators, motors, rotary converters, and flywheels directly connected to them, must be securely fenced unless in such a position or of such construction as to be as safe to every person employed or working on the premises as if securely fenced; and any part of a stock-bar which projects beyond the head-stock of a lathe must be securely fenced unless it is in such a position as to be as safe to every such person as if securely fenced. A male person over 18 may, however, approach unfenced machinery in motion in certain strictly limited contingencies and subject to the strict conditions specified in the Act (Sections 27 to 30).13. Moving parts of other prime movers, and flywheels directly connected to them, and the head and tail race of a water wheel or water turbine, must be securely fenced irrespective of their position (Section 27).14. Fixed vessels, pits, etc., containing scalding, corrosive or poisonous liquids, or any molten metal must, unless the edge is 1 metre above the adjoining ground or platform, be securely fenced to at least that height or be securely covered; where this is impracticable, other precautions, so far as practicable, must be taken. Where any such vessel is not securely covered, no ladder, stair or gangway may be placed above, across or inside it which is not at least 500 millimetres wide and securely fenced to a height of at least 1 metre and securely fixed. Where any such vessels adjoin each other, and the space between them is either less than 500 millimetres or is not securely fenced to at least 1 metre, barriers must be placed so as to prevent passage between them. Every vessel, pit, etc., must have a clear warning notice bearing in red letters in English and in at least one vernacular language commonly used by the employees, the word "DANGER" (Section 33).15. All fencing must be of substantial construction and be maintained in an efficient state (Section 31).16. Further Requirements in Connection with Transmission Machinery. Devices or appliances for promptly cutting off the power from the transmission machinery must be provided in every room or place where work is carried on. Every power-driven machine must be provided with an efficient starting and stopping appliance, the control of which must be readily accessible to the person operating the machine. Efficient mechanical appliances must be provided to move driving belts to and from fast and loose pulleys.

173

Driving belts must not rest or ride on revolving shafts when the belt is not in use (Section 28).17. New Machines. New power-driven machines must not be sold, let on hire, or used unless certain parts are effectively guarded (Section 32).18. Self-acting Machines. Precautions are required to ensure that persons are not trapped between moving parts of a self-acting machine and any separate fixed structure or between moving and stationary parts of the machine (Section 34).19. Training and Supervision of Inexperienced Workers. A person must not work at any dangerous machine or in any dangerous process unless-(i) he has been fully instructed as to the dangers and precautions, and (ii) he has received sufficient training in the work or is under adequate supervision (Section 35).20. Construction of Floors, Stairs, etc. Floors, steps, stairs, passages and gangways must be soundly constructed, properly maintained and, so far as is reasonably practicable, kept free from obstruction and any substance likely to cause persons to slip. Handrails must be provided for stairs. All ladders must be soundly constructed and properly maintained and be properly secured to prevent slipping, have effective anti-skid devices, or be firmly held by a person stationed at the foot. Openings in floors shall, wherever practicable, be securely fenced (Section 36).21. Safe Means of Access and Place of Work. So far as is reasonably practicable- (i) there must be provided safe means of access to every place at which any person has at any time to work, (ii) every such place must be made and kept safe for anyone working there, (iii) fencing or other means must be provided to ensure the safety of any person who is to work at a place from which he would be liable to fall more than 2 metres and which does not afford secure foothold and, where necessary, secure handhold (Section 37).22. Precautions Against Gassing or Lack of Oxygen. Special precautions are laid down for work in confined spaces where men are liable to be overcome by dangerous fumes or by lack of oxygen in the air (Section 38).23. Explosion or Fire of Inflammable Dust or Gas. Precautions against explosion or fire are laid down for certain processes and for welding or soldering of (or other operations involving the application of heat to) containers which hold or have held any explosive or inflammable substance (Section 39).24. Fire. Appropriate means for fighting fire must be provided and maintained and kept readily available in every factory irrespective of the number of persons employed. Persons trained in the correct use of such means must be present while work is going on in the factory. All highly inflammable substances must be stored in a fire-resisting store or in a safe place outside any occupied building. No fire, flame, smoking or other agency likely to ignite volatile inflammable substances is to be permitted where it may ignite such substances.25. Adequate means of escape in case of fire must be provided in every factory. The contents of workrooms must be so arranged that there is a free passageway to the means of escape. While any person is in any factory for the purpose of employment or meals, doors must not be so locked or fastened that they cannot be easily and immediately opened from the inside. Any door which opens on to a staircase or corridor from any room in which more than 10 persons are employed must open outwards unless it is a sliding door. Exit doors at the foot of staircases must open outwards unless they are

174

sliding doors. Adequate landings must be provided at doors giving access to stairways. All fire exits must be distinctively and conspicuously marked by a notice printed in red letters of adequate size. Hoistways and liftways inside buildings constructed after the 1st May, 1967, must be completely enclosed with fire-resisting materials and the means of access to them must be fitted with fire-resisting doors except that the top of unvented hoistways and liftways must be enclosed by material easily broken by fire.26. Where more than 20 persons are employed in the same building effective fire alarms must be provided and maintained. Effective alarms must also be provided where explosive or highly inflammable materials are stored or used even if less than 20 persons are employed in the building. Alarms must be tested and examined every three months and a report entered in or attached to the General Register (Section 86). In factories employing more than 20 workers in the same building above the first floor or more than 6 metres above ground level, effective steps must be taken to ensure that all workers are familiar with the means of escape and their use and the routine to be followed in case of fire. These precautions must also be taken where explosive or highly inflammable materials are stored or used even if less than 20 persons are employed in the building (Sections 40 to 45).27. Hoists or Lifts. Every hoist or lift must be of good mechanical construction, sound material and adequate strength and must be properly maintained. It must be thoroughly examined every six months by a competent person whose report must be entered in or attached to the General Register.28. Every hoistway or liftway must be efficiently protected by a substantial enclosure and landing gates with efficient interlocking or other devices. The safe working load must be marked conspicuously on each hoist. Additional safeguards (e.g. devices to prevent over-running, interlocking gates for cages and devices to support the platform or cage if hoisting ropes or attachments should break) must be provided on hoists or lifts used for carrying persons, whether with goods or otherwise. The requirements are somewhat less stringent in the case of hoists or lifts constructed before the 1st May, 1967; hoists not connected with mechanical power, and continuous hoists.29. Every teagle opening or similar doorway used for hoisting or lowering goods must be fenced (except when the hoisting or lowering is going on at that opening) and be provided with a secure handhold on each side of the opening (Sections 47 to 49).30. Chains, Ropes and Lifting Tackle. No chain, robe or lifting tackle used for raising or lowering persons, goods, materials or plant may be used unless it is of good construction, sound material, adequate strength, suitable quality and free from patent defect. Tables of safe working loads must be posted in the stores and elsewhere, but need not cover any lifting tackle the safe working load of which is marked on the tackle itself. No tackle shall be used for any load exceeding its stated safe working load (except when being tested by a competent person). Chains, ropes and lifting tackle must be thoroughly examined by a competent person every six months, and must not (excepting fibre ropes and fibre rope slings) be taken into use for the first time in the factory unless they have been tested and certified.

31. An Inspector of Factories may require wrought iron chains or lifting tackle to be annealed or otherwise treated by heat at specified intervals.

175

32. A register of all chains, etc., and also the certificates of tests and reports of examinations must be kept (Sections 51 and 53).33. Cranes and Other Lifting Machines. All parts and working gear (including anchoring appliances) of cranes and other lifting machines must be of good mechanical construction, sound material, adequate strength and free from patent defect, and must be properly maintained. A thorough examination of all such parts and gear by a competent person must be made every 14 months. A lifting machine must not be taken into use for the first time in the factory unless it has been tested and certified. A register of examinations and tests must be kept. The safe working load or loads must be shown on every lifting machine: in the case of cranes with a derricking jib, an automatic indicator or a table of safe working loads must be attached to the crane. No lifting machine shall be loaded above its stated safe working load (except when being tested by a competent person).34. Rails and tracks of travelling cranes and transporters must be of proper size and construction. If any person is working near the wheel track of an overhead travelling crane, steps must be taken to ensure that the crane does not approach within 6 metres of the person. Effective measures must be taken to give warning of the approach of such a crane to anyone working above floor level and liable to be struck by it or its load (Sections 52 and 53).35. Steam Boilers, Steam Receivers, etc. Every part of every steam boiler and steam receiver must be of good construction, sound material, adequate strength and free from patent defect. Detailed requirements are laid down as to the valves and other fittings. The outlet of every steam container must at all times be kept open and free from obstruction.36. Steam boilers and steam receivers and their fittings must be properly maintained and must be thoroughly examined by a Government Inspector or other person authorised by the Labour Commissioner, in the case of boilers every 18 months and after extensive repairs, and in the case of steam receivers every 36 months. New boilers must have manufacturers' certificates. A report of each examination of a steam boiler or a steam receiver must be attached to the Boiler Book.37. Every steam boiler attendant must be properly instructed in his duties.38. No modification, unless sanctioned by the manufacturer, must be made to any pressure part of any steam boiler or steam receiver until an Inspector has been notified in writing (Sections 54 to 57 and 60).39. Air Receivers. Every air receiver and its fittings must be of sound construction and properly maintained. Detailed requirements are laid down as to the fittings.

40. Air receivers must be thoroughly cleaned, and be examined or tested by a Government Inspector or other person authorised by the Labour Commissioner every 36 months, and a report entered in or attached to the General Register (Sections 58 and 86).41. No modification, unless sanctioned by the manufacturer, must be made to any pressure part of any air receiver until an Inspector has been notified in writing (Section 60).42. Notification of Accidents and Dangerous Occurrences. Accidents causing loss of life or disabling a worker for more than three days from earning full wages at the work at which he was employed must be reported forthwith to an Inspector of Factories and entered in the General Register.

176

43. Certain dangerous occurrences must also be reported whether disablement is caused or not, e.g., the bursting of a revolving vessel, wheel, grindstone or grinding wheel moved by mechanical power, the collapse or failure of a crane, hoist or other lifting appliance or any part thereof, or the overturning of a crane; and explosions or fires in certain circumstances (Sections 76, 77 and 86).

WELFARE44. Drinking Water. An adequate supply of wholesome drinking water must be provided (Section 63).45. Washing Facilities. Adequate and suitable washing facilities and suitable means of drying must be provided and maintained in a clean and orderly condition (Section 64).46. Accomodation for Clothing. Adequate and suitable accommodation for clothing not worn during working hours, and for protective clothing, must be provided and maintained.47. The Minister may by order direct that adequate change rooms shall be provided and maintained in any factory where he considers such rooms are necessary (Section 65).48. Facilities for Sitting. Where any employed persons (irrespective of sex) have in the course of their employment reasonable opportunities for sitting without detriment to their work, there must be provided for their use suitable facilities sufficient to enable them to take advantage of those opportunities. There are detailed requirements as to seats and sitting arrangements for work of which a substantial proportion can properly be done sitting (Section 66).49. First-aid. In every factory there must be provided a first-aid box or cupboard of the prescribed standard, containing nothing except first-aid requisites, and in charge of a responsible person who must always be readily available during working hours. In every workroom a notice must be affixed stating the name of the person in charge of the box or cupboard provided in respect of that room. Where more than 100 persons are employed at one time, an additional box or cupboard for every additional 100 persons or fraction of that number is required.50. In factories where more than 50 persons are employed the responsible person in charge of the first-aid box or cupboard must satisfy prescribed conditions as to training in first-aid treatment (Section 67 and Regulations).

GENERAL51. Registration. Before any premises are occupied or used as a factory, a Certificate of Registration must be obtained from the Labour Commissioner (Sections 11 to 15).52. Special Regulations for Safety, Health and Welfare made for particular factories, industries, processes, plant, etc., must be observed, and printed copies of all such regulations, or prescribed abstracts thereof, in force in any factory must be kept posted in the factory (Section 85).53. General Register. The occupier must keep a General Registry in the prescribed form (Section 86).54. Duties of Persons Employed. A person employed must not wilfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of the

177

Act for securing health, safety or welfare and he must use any means or appliance for securing health or safety provided for his use under the Act. He must not wilfully and without reasonable cause do anything likely to endanger himself or others (Section 89).55. These special duties supplement the general duty of employed persons not to commit breaches of the Act even though the employer may be primarily responsible for seeing that they are observed: where an act or default for which a factory occupier or owner is liable under the Act is in fact the act or default of some other person (e.g., an agent or worker) that person can be prosecuted and is liable to the same fine as the occupier or owner (Section 93).56. Inspection. Inspectors have power to enter, inspect and examine every part of a factory by day or by night. They may require the production of registers, certificates and other papers. They may examine any person found in the factory, either alone or in the presence of any other person as they think fit, and may require him to sign a declaration of the truth of the matters about which he is examined. They may also exercise such other power as may be necessary for carrying the Act into effect, including certain powers of taking samples for analysis. Every person obstructing an Inspector is liable to a penalty (Sections 7, 8, 9 and 75).(As amended by S.I. No. 92 of 1974)

Conclusion

While Government has come up with investment policies that are meant to attract both foreign and local investment, this is one way of creating employment for the Zambian people . Once the zambian citizens are economically empowered this would be one of the strategies of fighting poverty. There it is the duty of government to ensure that the jobs being created are decent .One of the four pillars of the decent work country programme introduced by government is that of social protection. The structure of the Zambian labour market and the large number of jobs in the informal sector leaves the majority of workers without basic forms of social protection. The institutional social protection arrangements provide coverage only to those workers in form employment. With regard to occupational , health and safety , in recent years there has been an increased in the number of occupational accidents , some on a large scale .The inability of government departments to enforce the occupational safety and health laws, such as the Factorie’s Act, due to inadequate implementation capacity , has contributed to this situation. The increase in industrial accidents negatively impacts on the country’s GDP growth rate, as indicated in the 2006 budget speech by the Minister of finance in parliament. The designation of the Ministry of Labour and Social security as an economic ministry has effectively brought the labour and employment issues to center stage and in this case the ministry has garnered an increased share of the nation budget to enable it address many of these issues. During the 2006- 2007 , there has been considerable evidence of an enhanced capacity within the ministry , including a doubling of it’s team of labour inspectors , procurement of new fleet of vehicles to undertake work

178

place inspections as well as support for a follow up labour force survey , the launch of the new web site and the creation of the decent work country Programme unit within the ministry , all of which demonstrate a strong commitment to Decent work Country programme implementation. Despite commendable efforts by the public sector , the private sector and the trade un ions and stake holders in the preventing and mitigation of HIV/ AIDS in the work place , WORKERS AND THOSE OF WORKING AGE STILL REMAIN VULNERABLE . Cases of discrimination and stigmatization are still reported from work places across the country. To address the situation , government has been working with the social partners and stake holders on national HIV and AIDS work place policies as well as adding the chapter in the new Employment act. Never the less more need to be done for workers in the informal economy, to regulate for and enhance prevention and support complementary prevention management measures being undertaken by social partners.Currently the factories Act is being reviewed by Government.

179