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‘‘POLICY RELATED TO OCCUPATIONAL HEALTH AND SAFETY IN NEPAL’’

A Term paper submitted to fulfill the partial requirement of BPH Sixth Semester

[TPP 23.1 Applied Environment and Occupational Health-II]

Submitted To

Department of Public Health

LA GRANDEE International College

Simalchour, Pokhara

2013

Submitted By

SAgun PAudel

Deepika Gaire

Sarala Kumal

Renuka Ojha

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ACKNOWLEDGEMENT The students of Bachelor of Public Health 6th semester like to express our humbly thanks to all those who have supported and helped us in accomplishing this term paper in the topic ‘‘Policy related to Occupational Health and Safety in Nepal’’.

First of all we would like to thank our respected subject teacher Mr. Jeewan Paudel for giving us

opportunity to prepare this term paper. We are fully indebted to our coordinator Mr. Nandraj

Gahatraj for expert guidance, regular supervision, untiring encouragement, inspiration and

valuable suggestion and full support during preparation of term paper. We would like to convey

our heartfelt thanks to all those who were directly or indirectly concerned with this and to all our

well-wishers.

This term paper is written in simple language, with every bit of necessary information related to

the topic so that studying independently also would not find any difficulties. We think that this

effort will help every individual to understand about the information of the related topic.

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TABLE OF CONTENT ACKNOWLEDGEMENT .............................................................................................................................. i

TABLE OF CONTENT ................................................................................................................................. ii

1. INTRODUCTION ............................................................................................................................... 1

2. OBJECTIVES...................................................................................................................................... 2

2.1. General objectives ................................................................................................................... 2

2.2. Specific objectives .................................................................................................................... 2

3. METHODOLOGY ............................................................................................................................... 3

4. FINDING AND DISCUSSION ............................................................................................................... 4

4.1. Health Impact .......................................................................................................................... 4

4.1.1. Global situation ................................................................................................................ 4

4.1.2. In Nepal ........................................................................................................................... 4

4.2. Workplace condition and Major occupation in Nepal ............................................................... 4

4.3. Occupational Health Rules, Regulation and Policies .................................................................. 4

4.3.1. Global situation ................................................................................................................ 4

4.3.2. In Nepal ........................................................................................................................... 5

Labour Act 1992 ........................................................................................................................... 5

The Three Year Interim Plan (2007/08-2009/10) .......................................................................... 6

The Three Year Plan (2010/11-2012/13)....................................................................................... 6

5. CONCLUSION AND RECOMMENDATION........................................................................................... 7

5.1. Conclusion ............................................................................................................................... 7

5.2. Recommendation ..................................................................................................................... 7

6. REFERENCES .................................................................................................................................... 7

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1. INTRODUCTION

The International Labor Organization (ILO) and the World Health Organization (WHO) have shared a common definition of occupational health. This definition was adopted by the Joint ILO/WHO Committee on Occupational Health at its first session in 1950 and revised at its twelfth session in 1995. The definition reads: "Occupational health 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 amongst workers of departures from 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 the worker in an occupational environment adapted to his physiological and psychological capabilities; and, to summarize, the adaptation of work to man and of each man to his job."

Occupational health deals with all aspects of health and safety in the workplace and has a strong focus on primary prevention of hazards. The health of the workers has several determinants, including risk factors at the workplace leading to cancers, accidents, musculoskeletal diseases, respiratory diseases, hearing loss, circulatory diseases, stress related disorders and communicable diseases and others. Occupational Safety and Health (OSH) is a cross-disciplinary area concerned with protecting the safety, health and welfare of people engaged in work or employment.

An occupational health policy is a plan of action primarily concerned with protecting the health, safety, and welfare of persons at work. The policies typically are designed to protect workers from hazardous work environments by ensuring clean work areas, the use of protective equipment and assuring employees are properly trained.

The policies may also include provisions to protect customers and nearby communities. Often, governmental agencies, such as the Occupational Health and Safety Administration (OSHA) in the United States, oversee and enforce the regulations throughout the world. Occupational health policies normally require employers to maintain certain standards in their workplace. The usual requirements revolve around maintaining a generally safe environment, protective equipment when necessary, and training employees in the proper use of handling equipment.

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2. OBJECTIVES

2.1.General objectives

To study the Policies related to Occupational Health and safety in Nepal.

2.2.Specific objectives

To study the health burden of occupation related conditions.

To study the situation of occupational health and safety in Nepal.

To study the occupation and working condition in Nepal.

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3. METHODOLOGY To prepare this term paper Google was used to retrieve journal and articles. The articles related to occupational health are downloaded and studied.. To collect the further information advanced Google search was also done and various books from library were also studied for the preparation of the term paper. This report was prepared by using various secondary data sources available on internet. The websites of ministry of labour and transportation, national law commission, International Labour Organization, WHO were visited and the relevant documents are studies.

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4. FINDING AND DISCUSSION

4.1.Health Impact

4.1.1. Global situation Two million people die every year from work-related accidents and diseases. An estimated 160 million people suffer from work-related diseases. There are an estimated 270 million fatal and non-fatal work-related accidents per year. In economic terms, the ILO has estimated that 4% of the world's annual GDP is lost as a consequence of occupational diseases and accidents.

4.1.2. In Nepal It is estimated that each year approximately 20,000 workers suffers from accidents at workplace which lead to about 200 lives lost in Nepal.

4.2.Workplace condition and Major occupation in Nepal The workforce in Nepal is largely engaged in informal sectors, such as agriculture and service industries. The industrial set-up is dominated by medium-sized and household-level industries; very few large-scale industries are in operation. Construction industry workers are involved in different activities (construction of building, road, bridges, power house, irrigation system, and sewage, etc). Further, in a building construction workers involve as their specialization in different works - technician, mason, carpenter, labour, scaffolding, rod binder, RCC work, electrician, plaster, plumber, laying chips, marble and tiles, brick making, stone quarrying, etc. The work environment (light, temperature, ventilation, sound, etc.) differs as of the nature of product produced by the establishment. But no single establishment in Nepal are meeting necessary standard of the work place though some of the management claimed their work place is international standard.

4.3.Occupational Health Rules, Regulation and Policies

4.3.1. Global situation OSH is the science of anticipation, recognition, evaluation and control of hazards arising in or from the workplace which could impair the health and well-being of workers, also impacts the surrounding communities and the environment. Though the International Labor Organization (ILO) has maintained and developed a system of international labor standards since 1919 which aimed at promoting opportunities for decent and productive work, in conditions of freedom, equity, security and dignity.

The ILO Constitution sets forth the principle that workers should be protected from sickness, disease and injury arising from their employment. The ILO has adopted more than 40 standards specifically dealing with occupational safety and health, as well as over 40 Codes of Practice. Nearly half of ILO instruments deal directly or indirectly with occupational safety and health issues. Prior to the passage of the Occupational Safety and Health Act in 1970 in the United States, American workers had little protection in the workplace.

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Most industrialized countries have developed an occupational health policy that protects the safety of their employees. The European Union Occupational Safety and Health Administration (EU-OSHA) formed in 1996 out of Bilbao, Spain. The Korean safety organization, known as KOSHA, went into effect in 1986. New provisions in this law relate to special benefits for workers employed in construction, transport, hotels, tea estates and travel establishments and those engaged in tourist business such as trekking, rafting and jungle safari.

4.3.2. In Nepal The concept of OSH in Nepal is in its initial stage. The notion of OSH in Nepal has not been able to educate about its principle and ideologies at all level. The OSH sector in Nepal has three major identified sectors:

government, the industries/ employers and The work force/labor unions.

The government of Nepal has enforced concepts of OSH through its Labor Act 1992; it has highlighted few issues and provisions on working hours, physical infrastructural setup, yearly medical examination and provisions of safety measures in work etc. The concept of working conditions, occupational safety and health of the workers is quite a new concept even to the oldest industry of Nepal, although there were some studies in relation to different aspects of various industries. Only a few studies specific to working conditions in industry, including the jute industry of Nepal, have been conducted so far.

After the restoration of a multi-party system in Nepal, Government of Nepal has begun to pay more attention to industrial working conditions and environment by enacting and enforcing the new Labor Act,2048 (1992). The main labour laws in Nepal covering working conditions, safety and health are the Labour Act, 2048(1992) and Labour Rules, 2050(1993). The Labour Act contains provisions on conditions of work, workmen's compensation, leave and holidays, safety and health, minimum wage fixation and settlement of labour disputes. The Labor Act and its subsidiary rules, Bonus Act and rules, are the main labor laws in the country, which cover working conditions, welfare of workers, safety and health, and industrial disputes. The Labor Act contains provisions on conditions of work, workmen's compensation, leave and holidays, safety and health, minimum wage fixation and settlement of labor disputes. The coverage of the Labor Act is confined to establishments employing ten or more workers.

Labour Act 1992 Enactment of Labour Act 1992 and its regulation (1993) is only the legal document that covers safety and health provisions of workers in industrial sector Chapter V, section 27-36 of the Labour Act 1992 explains the health and safety of workers in the establishment. The Act has prescribe arrangements for garbage management; provision of modern toilets; supply of adequate safe drinking water; provision of appropriate volume of ventilation, condition of light, temperature and sound; protection from dust; smoke, fumes and other impurities; avoidance of

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overcrowding in any room of the establishment and provision of extinguishing fire. The Act also includes the provision of medical check-up for the workers at least once a year in the establishment which are hazard prone. It ensures the provision of first aid in industrial enterprises with more than 50 employees, and an academically trained medical assistant in the case of industrial enterprises with more than 400 workers. If an industrial enterprise has more than 1,000 employees, there should be a medical doctor and a medical assistant. It also suggests a number of preventive measures such as – protection of eyes, protection against chemical hazards and fire, guarding against dangerous machinery, prohibition on lifting heavy load and safety measures for pressure plants. The Act further mentions provision for compulsory notice of any kind of accident or disease to the concerned labour office. Section 5 of Chapter II of the Labor Act restricts to employ to work any minor or a woman unless otherwise prescribed during the hours between 6.00 pm and 6.00 am. It limits the working hours for adults to no more than eight hours a day or forty-eight hours a week. It provides for a weekly holiday with pay and compulsory intervals of rest. It also provides overtime payment and restricts to allow workers for overtime for more than four hours a day but not exceeding twenty hours a week.

The Three Year Interim Plan (2007/08-2009/10) It has set some strategic programs and visions to make workplace safe, healthy and productive by promoting and developing occupational safety and health as an integral part of all the industrial enterprises and workplace. Government of Nepal has endorsed Occupational Safety and Health Project and allocated annual budget for it. The project sets following programs to be implemented as the integral part of the project (NPC, 2007).

Training program on OSH for social partners. Capacity enhancement Training program for officers affiliated with OSH. Orientation program for employers. Awareness enhancement programs on industrial accidents. Awareness program on HIV/AIDS and STDs at workplaces. Labour education programs and Factory inspection, monitoring and evaluation strengthening programmes.

The Three Year Plan (2010/11-2012/13) This Approach Paper 2010 has set an objective to create healthy, safe and decent working environment through development of cordial labour relations. This can be achieved through the revision of the existing labour laws and developing scientific labour inspection system and model labour offices (NPC, 2010).

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5. CONCLUSION AND RECOMMENDATION

5.1.Conclusion The current occupational safety and health is largely guided by the Labour Act 1992 and its regulation (1993) , The Three Year Interim Plan (2007/08-2009/10) The Three Year Plan (2010/11-2012/13) ILO’s conventions and recommendations related to the health and safety of the workers.

5.2.Recommendation To make sure of the legal provisions concerning OSH, the working environment should

be secured by an adequate and appropriate system of inspection. Awareness, education and training to the workers. The management needs to provide necessary PPEs and maintain safe workplace by

adopting the appropriate measures to minimize the health hazards. More research and studies are necessary to formulate occupational safety and health

guidelines.

6. REFERENCES Occupational Safety and Health in Nepal, Dr. Sunil Kumar Joshi Grad IOSH

Available Online at http://nepjol.info/index.php/IJOSH Current Situation of Occupational Safety and Health in Nepal, A Study Report

Prepared by Rudra Prasad Gautam, Ph D. ,Jiba Nath Prasain, Ph D. Occupational safety and health situation in Nepal, Mr. S.N. Vaidya, Director,

Department of Labour and Employment Promotion, Kathmandu, Nepal. Occupational health services in Nepal,Sunil Kumar Joshi, Pranab Dahal, Nepal Nepal law Comission International Labour Organization http://www.who.int/ http://www.moltm.gov.np/ www.slideshare.net/sagunpaudel

THANKYOU!