Introduction to the National OSH Systems

Transcription

1 Introduction to the National OSH Systems

2 NATIONAL OSH GOVERNANCE INSURANCE AND COMPENSATION COLLECTION AND ANALYSIS OF INFORMATION NATIONAL OSH POLICY PUBLIC AUTHORITIES National OSH Committee NATIONAL OSH REGULATIONS INFORMATION AND TECHNICAL ASSISTANCE PROGRAMMES WITH THE ENTERPRISES ENFORCEMENT AND SANCTIONS CERTIFICATION AND PROHIBITION SYSTEMS OSH delegates TRAINING AND EDUCATION WORKPLACES

3 NATIONAL OSH SYSTEM REGULATORY (art.8) INSURANCE & COMPENSATION (C. 121) CONTINUOUS IMPROVEMENT (art.7) ENFORCEMENT (art.9) PREVENTION (art.4) NATIONAL OSH POLICY (art.4) TRIPARTISM (art.4) OBTAINING & ANALYSIS OF DATA (art. 11) INTER-INSTITUTIONAL COORDINATION (art.15) PROMOTION & TECHN. ASSISTANCE (art.10) EDUCATION & TRAINING (art.14 & 19)

4 1.- REGULATORY FUNCTION Features of a good regulation Scope and coverage Organization of regulations - Superposition, aspects not covered, - Regulatory hierarchy Applicability & enforceability of the regulatory framework

5 1.- REGULATORY FUNCTION Hierarchy International standards Acts Regulations* Codes of practice Technical standards Collective agreements * (sector, specific risks, workers categories, working equipments and facilities, dangerous operations )

6 1. Factors influencing regulatory compliance Quality of legislation Legislation should: Be clearly expressed and unambiguous; to make it understandable by the target group and minimize the potential for differing interpretation Be logically organized, coherent and consistent both internally and with other legal instruments, Include sufficient and suitable provisions for enforcement, both in terms of powers for inspectors and in terms of penalties that can be imposed. Make available any necessary information for its compliance on what will be necessary to implement them and on how that can be achieved.

7 Implementation assessment checklist 1. Is the law done in a way that will facilitate implementation and enforcement? 2. What is the strategy for securing compliance with the regulation? 3. What functions will be required to make this strategy work properly? 4. How will compliance promotion and other communications activities be carried out? 5. How will compliance monitoring be carried out? 6. How will regulatory requirements be kept up to date? 7. How will enforcement be carried out? 8. What types of information will be required for operation of the programme? How will it be generated, compiled, protected, and disseminated? 9. What kind and level of human and financial resources will be required? How will they be acquired and managed?

8 2.- ENFORCEMENT Types de inspectorates Training & functions of inspectors. Sector of activity. Subject area. Problems of non integrated inspection - employers may become confused - competences overlapping - non harmonised assessment criteria

9 2.- ENFORCEMENT Inspectors powers Free and unconditional access to workplaces and locations in which workers are believed to be operating Freedom to carry out any investigative procedure insofar as it is necessary to monitor compliance with regulations Obligation to treat in confidence (even after they leave their job) any trade or production secrets Order the immediate adoption of corrective measures or, failing that, to stop the operations in the event of imminent danger to occupational safety and health. Require the adoption of the measures needed to correct the breach within a set timeframe Initiate or propose to the competent authority a procedure to impose penalties Warn or give advice to employers, without making demands or initiating the penalties process.

10 Guiding principles for enforcement Prioritization (Positive discrimination) Deterrence Sustainability Systemic effects

11 2.- ENFORCEMENT Sanctions are only effective if: -their nature or amount (in the case of fines) are such as to have a real deterrent effect on potential non-compliance - the procedures for applying them are fast enough, avoiding excessive delay of the process through constant appeals

12 3. Sanctions schemes Enforcement measures 1. Verbal or written warnings 2. Improvement and prohibition notices 3. Administratively imposed monetary 4. Increased regulatory burden 5. Negotiated solutions to non-compliance 6. Probation for companies and directors 7. Contract listing 8. Disqualification of directors 9. Variations of licences or conditions 10.Civil and criminal prosecution

13 3.- Promotion and support activities OBJECTIVES: 1) to raise awareness among employers and other people affected by preventive obligations (WHY); 2) to enable them to access the necessary information and resources to meet such obligations. (HOW). Dissemination and information: aimed at all people concerned with OSH, to provide them with access to information and reply to any queries they may have Guidance and technical assistance: Enterprises needing support for the development of prevention activities.

14 3.- Promotion and support activities Dissemination and information Basic dissemination, (promotion / awareness-raising). campaigns through the media, holding annual events such as the occupational safety and health day, awarding prizes to the best practices, etc. Technical dissemination conferences and publications on latest technical advances and presenting successful experiences. Information (information centres and systems) libraries, Internet, OSH portals, networks.. Attention to specific needs (telephone, fax, ) Guidance and technical assistance

15 Internal resources People Internal Services Everybody Experts (recognized) Employer Bipartite Semi- State Not shared Shared Integrated No integrated External resources Everybody Experts (recognized) External Services

16 4.- Education and training A.- Introduction in the general educative system - Basic education - Vocational Training - Universities B.- Specific training on OSH - Training on skills for carrying out activities or functions regarding OSH

17 Enterprise OSH capacity structure Expert Intermediate Basic

18 Planning of OSH training Define target groups: priority How many to be trained in our country Duration for training (6 weeks, 1 week?) Training Provider (government, accreditation?) Time required to train enough numbers to satisfy legislation (1-3 years)

19 Construction Safety in Singapore Training of all construction workers 100,000 to be trained annually OSH Training Centre of the Ministry of Labour trained all (4 hour course) Link with work permit (construction workers are mostly foreigners) Training in the language of workers (Thai, Bahasa, Bengalise)

20 5.- Obtaining data for situation analysis For planning national actions on OSH is necessary to know the existing situation. It is necessary to know: - what information we would need; - from where and through which techniques could we obtain this information; - analyze the information; and, - reach conclusions. NATIONAL OSH PROFILE

21 5.- Obtaining data for situation analysis From where? Sources of information Statistics on occupational accidents and diseases Sources on social and labour data (Ministry of labour reports, etc.) Results of the inspections (sanctions, organization, preventive activities, etc.) Periodic surveys of employers and workers Sources of international information on research and studies in other countries.

22 5.- Obtaining data for situation analysis From where? Studies and research Analysis by sectors, sub sectors & activities (risk maps). Analysis of groups of workers (young workers, informal workers, etc.). Analysis of hazards. Analysis of health damages (epidemiological studies). Analysis of compliance with legal requirements.

23 6.- Compensation of damages and insurance When prevention fails and an occupational accident or disease arises, it is necessary to provide compensation for the harm suffered by the worker. Coverage (what contingencies and which workers are covered) Benefits (Healthcare benefits / Cash benefits) Organisation and financing of insurance

24 6.- Compensation of damages and insurance - Coverage 1.-Covered contingencies -Occupational Accidents -Occupational diseases (Open definition; List of occupational diseases; Mix system) -2.- Covered population

25 6.- Compensation of damages and insurance - Benefits 1.- Healthcare benefits - Medical and pharmaceutical treatment. - Prosthesis and orthopaedic devices, functional rehabilitation, - Occupational guidance and training. 2.- Economic benefits - Subsidies (temporary disabilities). - Compensations, lump sums or pensions (permanent disabilities). Nature of the damages to be compensated: - Physical Damage. - % degree of disability to work (original occupation/any kind of work). - Or both.

26 6.- Compensation of damages and insurance - Organization Some countries have different institutions for economic reimbursement and for medical assistance. Public bodies: Unique or differentiate body. No differences among occupational contingencies and others. Employers associations ( mutual societies): No profit Necessary controls: Incompatibilities regime/ limit to administration costs/ Tripartite bodies of control. Private companies Normally profit companies

27 6.- Compensation of damages and insurance - Financing Unique rate (Solidarity among all enterprises): General or specific It is the most simple system but does not incentive prevention Rate per industry (Sectoral Solidarity): Fix (administration, commuting accidents, etc.) and variable part Corrections to the rate. Rate per enterprise (No solidarity) Proportionality according to the number of accidents and diseases.

28 Link with Compensation Schemes Accident and Disease Data analysis Accident data for individual enterprise for Inspection Planning Financial Support for Prevention - Awareness raising - OSH Training - Research - Inspectorate

29 INTER-INSTITUTIONAL COORDINATION & TRIPARTISM Levels: information / Communication/Cooperation / Coordination / Hierarchical and/or functional dependence Organizational options: National Councils and Commissions Inter-ministries coordination bodies Commissions for central/regional coordination Consultative bodies for institutional management Legal requirement demanding consultation on programs, decisions, legislation, etc.

30 THE OSH SYSTEM Vertical Policies Management & Coordination Inter-institutional & tripartites Councils Interins. Committes Sectorial Committes Compensation & Insurance Regulation Inspection Promotion & Support Education &Training Obtaining information M. Labor M. Health M. Industry M. Labor M. Health M. Industry M. Labor OSH Inst. Insurance University Occup. Tr. M. Labor OSH Inst M. Labor M. Health Insurance OSH Inst OSH System Analysis: 1. Identification of elements 2. Analysis of types of activities 3. Intra/inter coordination analysis 4. Employers & workers participation analysis

31 National OSH System The National OSH System has the objective to develop the national action on OSH. Identification of components. Analysis of resources. Analysis of relations. Adjustment to the reality.

32 Some problems of the National OSH Systems Inadequate philosophy. Principles no observed. POLITICAL Incomplete system. STRUCTURAL Insufficient quantity and/or quality of the available resources. Inadequate allocation of resources. Insufficient coordination. Inadequate planning/implementation of priorities, strategies and or activities.