1. INTERNATIONAL LABOUR STANDARDS ON OSH
Workshop Modern OSH legislation
20-22 June 2012
Tirana, Albania
IPA Programme 2010 on HRD
2. HUMAN RESOURCES DEVELOPMENT
IPA National Programme for Albania
Overall objective
To identify the main ILO conventions and recommendations on OSH
To explain the influence of ILS in European legislation
Specific objectives
To recognize the influence of International Labour Standards to the new OSH Approach
To describe the main principles introduced by Conventions 155, 161 and 187
3. Historical overview
ILO AND OSH - THE FIRST 90 YEARS
1919-1980
Piecemeal approach; detailed and numerous standards on specific
hazards and occupations, focussed on protection
1981-2011
Gradual paradigm shift towards a dynamic and systemic
approach, focussed on prevention
The Occupational Safety and Health Convention
No 155 (1981)
Turning
point
4. HEALTH IS a state of complete physical,
mental and social well-being and not
merely the absence of disease or infirmity
Article 3 (e) Convention 155
Why is this definition relevant?
Concepts: Health
5. Concepts: Condition of work
"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.
The general characteristics of the premises, existing facilities,
equipment, technology, 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 the
organization of work ,social relationships, influencing in the
magnitude of the risks to which the workers are exposed.
6. 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
taken even if some cause and effect relationships are not fully established
scientifically.
Although the compensation, cure 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
Prevention is preferred to protection.
Concepts: Prevention
7. OCCUPATIONAL SAFETY AND HEALTH STANDARDS
Protection in given branches of economic activity: e.g.
construction industry, mines, commerce and offices and dock work
Protection against specific risks: e.g. ionising radiation, benzene,
asbestos, guarding of machinery
Measures of protection: e.g. medical examinations of young
workers, maximum weight of loads to be transported by a single
worker, prevention of occupational accidents on board ship, prevention
of occupational cancer, prevention of air pollution, noise and vibration
in the working environment
8. OCCUPATIONAL SAFETY AND HEALTH STANDARDS
More than 70 ILO standards on OSH:
No Title Year
115 Radiation Protection 1960
135 Workers’ Representatives 1971
136 Benzene 1971
139 Occupational Cancer 1974
148 Working Environment 1977
162 Asbestos 1986
167 Health and Safety in Construction 1988
170 Chemicals 1990
174 Prevention of Major Industrial Accidents 1993
176 Safety and Health in Mines 1995
184 Safety and Health in Agriculture 2001
9. OCCUPATIONAL SAFETY AND HEALTH STANDARDS
The Occupational Safety and Health Convention 1981 (No 155)
The Occupational Health Services Convention 1985 (No 161)
The Promotional Framework for Occupational Safety and
Health Convention 2006 (No 187)
10. Global Strategy on OSH
The Global Strategy on OSH forms the basis for the Promotional Framework for
Occupational Safety and Health Convention, 2006 (No. 187), and Recommendation (No.
197) adopted in 2006
Key: the need for an increased general awareness (April 28) of the importance of OSH
and to place OSH high on political commitment and the national Agenda
Promote the effective implementation of National OSH System
Reduce fragmentation and promote coherency for effective impact
Engagement of all social partners in initiating and sustaining mechanisms for a continued
improvement of national OSH systems.
11. Progressive development of OSH regulations
The scope and coverage of OSH regulations has evolved from:
Regulation for specific sectors to all sectors
Some industrial safety risks to any safety and health risk
Prescription of protective measures to deal with specific hazards to an overall
management of OSH focused prevention and assessment of risks
12. Changes in the OSH regulation after Convention 155
New duties for employers
Risk assessment
Control of working conditions
Training and information for workers
Surveillance of workers’ health
Environment monitoring
Emergency planning
Recording, documentation and notification of OSH information
Investigation of occupational accidents
13. CONVENTION 1981 (155) OCCUPATIONAL SAFETY AND HEALTH
CONVENTION 1981 (161) OCCUPATIONAL HEALTH SERVICES
CONVENTION 2006 (187) PROMOTIONAL FRAMEWORK FOR
OCCUPATIONAL SAFETY AND HEALTH
International Labour Standards
14. Occupational Safety and Health
(OSH) - ILO Convention 155: an overview (1)
applies to all workplaces and all employees (though with flexibility);
Emphasizes continuous improvement;
Outlines responsibilities, duties and rights of stakeholders;
Deals with issues such as policy and consultations with social partners, legislation, advice
& enforcement, designers & manufacturers, training, employers’ responsibilities, workers’
duties and rights, bilateral cooperation;
Highlights universal principles on OSH (e.g. prevention, “so far as is reasonably
practicable”, cooperation, hierarchy of protection, right to remove in case of imminent danger
and to be protected, but with duty to inform).
15. Occupational Safety and Health
(OSH) - ILO Convention 155: an overview (2)
calls for the formulation, implementation and periodical review of a national policy
• design, testing, choice, substitution, installation, arrangement, use and maintenance of
the material elements of work
• relationships of the material elements of work and persons who carry out or supervise
the work
• training in the adequate levels of safety and health
• communication and cooperation at all levels
• protection of workers and their representatives from disciplinary measures as a result
of actions in conformity with the Convention
• definition of responsibilities of public authorities, employers, workers and others
• Implementation through legislation and enforcement by a system of inspection with
adequate penalties for legal violations
• Include OSH in education and training
16. Occupational Safety and Health
(OSH) - ILO Convention 155: an overview (3)
National authorities shall ensure:
• determination of conditions concerning design, construction and layout of
undertakings, commencement of operations, major alterations, safety of technical
equipment
• determination of work processes and substances/ agents the exposure to which is to
be prohibited, limited or subdue to authorization
• procedures for notification of work accidents and occupational diseases
• production and publication of statistics
17. Occupational Safety and Health
(OSH) - ILO Convention 155: an overview (4)
Obligations beyond the responsibility of employers:
• All who design, manufacture, import, provide or transfer machinery, equipment or
substances for occupational use
duty of care
information and instructions
be aware of scientific and technical progress
18. Occupational Safety and Health
(OSH) - ILO Convention 155: an overview (5)
Collaboration with workers and their representatives
• Information on the measures undertaken
• appropriate training
• right to enquire the employer and to be consulted on all aspects of OSH associated
with their work
19. Occupational Safety and Health
(OSH) - ILO Convention 155: an overview (6)
Protection of workers (Articles 13/ 19)
A worker who has removed himself from a work situation which he has
reasonable justification to believe presents an imminent and serious danger to
his life or health shall be protected from undue consequences in accordance
with national conditions and practice
The worker will report to his supervisor any situation he believes presents an
imminent and serious danger to his life or health
The employer cannot require workers to return to this work situation
20. Occupational Health Services
ILO Convention 161: an overview (1)
Sets principles concerning the services entrusted with preventive functions and
responsible for advising the employer, workers and their representatives on:
• requirements for establishing and maintaining a safe and healthy work
environment
• adaptation of work to the capabilities of workers
21. Occupational Safety and Health
(OSH) - ILO Convention 161: an overview (2)
• Formulation, implementation and review of national policy
• Development of occupational health services for all workers and sectors
• Organization for a single undertaking or common to several undertakings
• May be organized by:
concerned undertakings (internal services)
public authorities
social security institutions
bodies authorised by the competent authority
• Full professional independence of the personnel
• Surveillance of workers’ health shall involve no loss of earnings, be free of charge and
take place during working hours
22. Promotional framework for Occupational Safety and Health
ILO Convention 187: an overview (1)
• Aims for the development of a national policy, system and programme
• The national policy should refer to the principles of:
assessment of occupational risks
combating risks at source
information, consultation and training
23. Promotional framework for Occupational Safety and Health
ILO Convention 187: an overview (2)
National
system
Legal
framework
Competent
authorities
Compliance
mechanisms
Cooperation
with workers
at workplace
level
• National tripartite advisory body
• Information and advisory services
• Occupational health services
• Research
• Collection and analysis of data
• Collaboration with insurance of social security
schemes
• Support mechanisms for SME and informal economy
National programme
24. Promotional framework for Occupational Safety and Health
ILO Convention 187: an overview (3)
NATIONAL OSH POLICY
NATIONAL OSH PROFILE
Inventory and analysis of
situation and resources
NATIONAL OSH SYSTEMS
Available infrastructure
and resources
NATIONAL OSH SITUATION
Occupational accidents
and diseases
Operative planning
Formulation, implementation,
evaluation of activities
Strategic planning
Goals and priorities
NATIONAL OSH PROGRAMMES
What we want/can do
REVIEW
Impacts & achievements