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Образовательное учреждение профсоюзов

высшего образования

«АКАДЕМИЯ ТРУДА И СОЦИАЛЬНЫХ ОТНОШЕНИЙ»

Кафедра профессиональных иностранных языков

РЕФЕРАТ

По дисциплине «Иностранный язык»

По монографии «Fundamental principles of occupational health and safety» Benjamin O. Alli
Основы охраны и безопасности труда»)

Выполнил: аспирант

кафедры трудового права

1 года обучения

Дрон П.Я.
Проверила:

Матвеева И.В., к.п.н., профессор

Москва - 2015

Contents



Summary……………………………………………………………….………..3

Translation………………………………………………………………………13

Glossary…………………………………………………………………………23

References………………………………………………………………………29

Original text………………………………………………………….................30

SUMMARY

PART I. OVERVIEW

Occupational safety and health (OSH) is generally defined as the science of the anticipation, recognition, evaluation and control of hazards arising in or from the workplace that could impair the health and well-being of workers, taking into account the possible impact on the surrounding communities and the general environment. It is a key element in achieving sustained decent working conditions and strong preventive safety cultures. Close to 80 per cent of all ILO standards and instruments are either wholly or partly concerned with issues related to occupational safety and health.

The book introduces the new ILO instruments promoting occupational safety and health, as well as new approaches, tools and areas of action such as national OSH programmes, national OSH profiles, OSH management systems, HIV/AIDS and the world of work, and technical guidelines for the sound management of chemicals. The book aims to serve as a guide or reference work for the development of OSH policies and programmes. It covers the fundamental principles of occupational safety and health, based on the ILO’s philosophy of prevention and protection, which stems from the Organization’s mandate in this field.

A single work cannot hope to cover all the subject areas in the vast field of occupational safety and health. This book therefore focuses on the key topics essential to the promotion of OSH activities. Part I gives an overview of the key concepts which permeate all OSH activities; Part II presents policy perspectives; and Part III deals with the operational aspects of implementing occupational safety and health.

Despite continuous if slow improvements, occupational accidents and diseases are still too frequent and their cost in terms of human suffering and economic burden continues to be significant. Occupational and industrial accidents are all caused by preventable factors which could be eliminated by implementing already known and available measures and methods. This is demonstrated by continuously reduced accident rates in industrialized countries. The application of preventive strategies therefore offers significant human and economic benefits.

OSH performance varies significantly between economic sectors within countries. Statistical data show that, worldwide, the highest rates of occupational deaths occur in agriculture, forestry, mining and construction. Generally, small workplaces have a worse safety record than large ones. It seems that the rate of fatal and serious injuries in small workplaces (defined as those with fewer than 50 employees) is twice that in large workplaces (defined as those with more than 200 employees). Some groups seem to be particularly at risk or to find that their specific problems are overlooked. For example, women workers, home-based workers, part-time workers, migrants, ageing workers, drivers, permanent workers and children.

The means used by the ILO to promote occupational safety and health include international labour standards, codes of practice, the provision of technical advice and the dissemination of information. By these means it aims to increase the capacity of member States to prevent occupational accidents and work-related diseases by improving working conditions.

ILO standards have exerted considerable influence on the laws and regulations of member States in that many texts have been modeled on the relevant provisions of ILO instruments. Drafts of new legislation or amendments are often prepared with ILO standards in mind so as to ensure compliance with ratified Conventions or to permit the ratification of other Conventions. Indeed, governments frequently consult the ILO, both formally and informally, about the compatibility of proposed legislative texts with international labour standards.

The responsibilities of governments, employers and workers should be seen as complementary and mutually reinforcing in the common task of promoting occupational safety and health to the greatest extent possible within the constraints of national conditions and practice.

Because occupational hazards arise at the workplace, it is the responsibility of employers to ensure that the working environment is safe and healthy. This means that they must prevent, and protect workers from, occupational risks. But employers’ responsibility goes further, entailing knowledge of occupational hazards and a commitment to ensure that management processes promote safety and health at work. For example, an awareness of safety and health implications should guide decisions on the choice of technology and on how work is organized.

Governments are responsible for drawing up occupational safety and health policies and making sure that they are implemented. Policies will be reflected in legislation, and legislation must be enforced. But legislation cannot cover all workplace risks, and it may also be advisable to address occupational safety and health issues by means of collective agreements reached between the social partners. Policies are more likely to be supported and implemented if employers and workers, through their respective organizations, have had a hand in drawing them up. This is regardless of whether they are in the form of laws, regulations, codes or collective agreements.

The competent authority should issue and periodically review regulations or codes of practice; instigate research to identify hazards and to find ways of overcoming them; provide information and advice to employers and workers; and take specific measures to avoid catastrophes where potential risks are high.

A concise statement that encapsulates the main purposes of occupational health is the definition provided by the joint ILO/WHO Committee. As the definition indicates, the main focus in occupational health is on three different objectives:

• the maintenance and promotion of workers’ health and working capacity;

• the improvement of work and working conditions so that they are conducive to safety and health; and

• the development of work organizations and preventive safety and health cultures in a direction that supports safety and health at work. Such development also promotes a positive social climate and enhances the smooth operation and possibly also the productivity of working enterprises.

PART II. NATIONAL FRAMEWORK DESIGN AND IMPLEMENTATION

In order to ensure that satisfactory and durable results are achieved in the field of occupational safety and health, each country should put in place a coherent national policy. By striving to minimize the causes of hazards in the working environment, the policy will reduce the costs of work-related injury and disease, contribute to the improvement of working conditions and the working environment, and improve productivity. The articulation of such a policy will reaffirm a government’s commitment to the cause of a safe working environment and enable it to comply with its moral and international obligations.

The nature and extent of OSH problems vary from country to country, resulting in part from differences in the level of economic development, and in technological and social conditions. For example, while a developing country may be grappling with the basic OSH hazards related to agriculture, an industrialized country may be confronted by hazards resulting from an advanced technology such as the production of nanomaterials or from new patterns of work organization leading to stress. Similarly, within countries the incidence of work-related accidents and diseases, including fatal ones, is higher in certain occupations and sectors than in others. Consequently, national policies should establish priorities for action with regard to the specific problems faced within the country concerned.

In general, a national occupational safety and health policy should provide detailed strategies in the following areas:

• national laws, labour codes and regulations;

• role and obligations of the competent authority;

• policy coordination; and

• education and training.

Appropriate legislation and regulations, together with adequate means of enforcement, are key policy instruments for the protection of workers. They form a basis for efforts to improve working conditions and the working environment. The inspection mechanism should make use, among other things, of a workers’ health surveillance system, which may be run by the government, the community or the enterprise. Labour legislation lays down minimum standards which are compulsory and applicable to everyone. As employers and plant managers have to fulfill these stipulations by adopting appropriate techniques, and as the efficacy of safety measures ultimately rests on their application by workers, it is imperative that representative organizations of employers and workers be consulted at the various stages in the preparation of laws and regulations.

In order to ensure coherence in formulating and applying the national OSH policy, there must be coordination between the various authorities and bodies designated to implement the policy. There should also be close cooperation between public authorities, representative employers’ and workers’ organizations, and any other concerned bodies, with a view to making arrangements that are appropriate to national conditions and practice. Such arrangements might include the establishment of a central body to take overall responsibility for implementation of policy measures.

The need to train labour inspectors, OSH specialists and others directly concerned with the improvement of working conditions and the working environment cannot be overemphasized and should be reflected in the policy document. The training should take into account the increasing complexity of work processes, often brought about by the introduction of new or advanced technology, and the need for more effective methods of analysis to identify and measure hazards, as well as action to protect workers against them.

While legislation, tripartite collaboration, inspection and enforcement are the core components of any national OSH system, other elements are needed to make the system function adequately. For example, most employers, particularly those of small and even medium-sized enterprises, need assistance to understand and comply with OSH regulatory requirements, such as providing training to workers handling hazardous substances, conducting technical inspections of dangerous machinery or making OSH-related information available in the enterprise. Further support and services are required to promote good practice covering many other aspects of occupational safety and health that lie outside the legal sphere. According to Convention No. 187, to be functional and effective in addressing the OSH needs of both employers and workers, a national system must include at the least the following key elements: laws, regulations, collective agreements where appropriate, and any other relevant instruments on occupational safety and health; an authority or authorities responsible for occupational safety and health, designated in accordance with national law and practice; mechanisms for ensuring compliance with national laws and regulations, including systems of inspection; and so forth.

Measures for the prevention and control of occupational hazards in the workplace should be based upon a clear, implementable and well-defined policy at the level of the enterprise. It should be concise, easily understood, approved by the highest level of management and known by all employees in the organization.

The policy should be kept alive by regular review. A policy may need to be revised in the light of new experience, or because of new hazards or organizational changes. Revision may also be necessary if the nature of the work that is carried out changes, or if new plant or new hazards are introduced into the workplace. It may also be necessary if new regulations, codes of practice or official guidelines relevant to the activities of the enterprise are issued.

Workers also have certain basic rights in respect of occupational safety and health, and these should be reflected in the enterprise’s policy. In particular, workers have the right to remove themselves from danger, and to refuse to carry out or continue work which they have reasonable justification to believe presents an imminent and serious threat to their life or health. They should be protected from unforeseen consequences of their actions.

PART III. OPERATIONAL MEASURES

Appropriate legislation and regulations, together with adequate means of enforcement, are essential for the protection of workers’ safety and health. Legislation is the very foundation of social order and justice; without it, or where it is not enforced, the door is wide open to all forms of abuse. Each country should therefore take such measures as may be necessary to protect workers’ safety and health. This may be done by enacting laws or regulations, or by any other method consistent with national conditions and practice, undertaken in consultation with the representative organizations of employers and workers concerned. The law directly regulates certain components of working conditions and the work environment, including hours of work and occupational safety and health. There are also provisions relating to trade unions and collective bargaining machinery, which establish conditions for negotiations between employers and workers.

One of the greatest problems regarding labour legislation in many countries is its application in practice. It is therefore important for governments to take the necessary steps to ensure that there is an effective system of labour inspection to make certain that statutory requirements are met. This is often difficult because of a shortage of trained personnel. Another problem relates to the difficulty of dealing with new hazards, bearing in mind the speed at which technology is changing. In some cases such problems can be solved by employers and workers through collective bargaining.

The enforcement of legal provisions concerning occupational safety and health and the working environment should be secured by an adequate and appropriate system of inspection. In view of the crucial role of labour inspection in implementing national OSH programmes, government authorities must strive to strengthen the inspectorate. Depending on national approaches and circumstances, appropriate measures necessary to achieve the above objectives may include:

• improving the capacity to secure the enforcement of legal provisions;

• supplying technical information and advice;

• identifying new needs for action;

• increasing the number of inspectors;

• improving the training of inspectors in support of their enforcement and

advisory roles;

• integrating separate inspection units or functions and using multidiscip-

linary inspection teams;

• fostering closer cooperation between labour inspectors and employers,

workers and their organizations;

• improving systems for gathering and reporting statistics on occupational

accidents and diseases, and the inclusion of the resulting data in the

annual inspection report;

• improved support facilities, institutions and other material arrangements.

To ensure a healthy working environment there must be monitoring at the workplace. This involves systematic surveillance of the factors in the working environment and working practices which may affect workers’ health, including sanitary installations, canteens and housing, where these facilities are provided by the employer, as well as ensuring the working environment complies with safety and health standards.
The surveillance of workers’ health entails medical examinations of workers to ensure that their state of health is compatible with their job assignment and that their occupational exposure to hazards does not have any detrimental effects on their health. Workers who are or have been exposed to occupational hazards, such as asbestos, should be provided with such medical examinations as are necessary to supervise their health in relation to those occupational hazards, and to diagnose occupational diseases caused by exposure to them. Periodic health evaluations are performed at appropriate intervals during employment to determine whether the worker’s health remains compatible with his or her job assignment and to detect any evidence of ill health attributed to employment.

The surveillance of workers’ health should be based not only on sound technical practice, but on sound ethical practice as well. This requires that a number of conditions be met and workers’ rights respected. In particular, workers subject to health monitoring and surveillance should have:

• the right to confidentiality of personal and medical information;

• the right to full and detailed explanations of the purposes and results of

the monitoring and surveillance; and

• the right to refuse invasive medical procedures which infringe their

corporeal integrity.

The ILO code of practice on HIV/AIDS sets out fundamental principles (see box 26) for policy development and practical guidelines from which concrete responses to HIV/AIDS can be developed at enterprise, community and national levels, including:

• the protection of workers’ rights, including rights to employment

protection, gender equality, entitlement to benefits and non-

discrimination;

• prevention through education and information, gender-aware

programmes and practical support for behaviour change;

• care and support, including confidential voluntary counselling and

testing, as well as treatment in settings where local health systems are

inadequate; and

• the rights and the responsibilities of the tripartite partners.

The code forms the cornerstone of the ILO’s efforts against HIV/AIDS and is now being used by policy-makers and workplace partners in over 60 countries as the basis for their own national action programmes, enterprise policies and collective agreements.

The promotion of occupational safety and health is an organizational investment for the future: enterprises will benefit from promoting health in the workplace in the form of lower sickness-related costs and higher productivity.
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