Government’s efforts to develop and

strengthen National Occupational

Safety & Health System

Ch 2 and Ch 3
By
Willie Hammer and other resources
The laws governing a country or nation are
important aspects of its existence and in a
way are contributing to its history, by taking
from the past and giving to the
future. Common law and statutory
laws are followed by most nations in the
world. A combination of both is necessary
for justice to be served.
Ch 2---Liabilities & Safety
Legislation
Types Of Laws(USA)
1. Statute Laws(highest Power in jurisdictions:act

accod which person supposed to criminal who

has done injury to other ie an eye for an
eye)
2. Common Laws(Ist originated in England and

used in all English Speaking Countries, ie body

is superior initial cases, statute ).
3. Administrative Law:executive prescribe criteria

under which stutute/control will be carried out.

 Explanation of LAWs

Common law is by far and wide based on judgments made in the

past over hundreds of years. Statutory laws have statutes as their
basis.

Statutory laws can be passed by various government agencies of

a country. Thus, there are
laws passed by federal and state governments, ordinances passed
by towns and cities all having the power of law. New laws are
issued to meet the needs of the citizens, to resolve outstanding
issues, and to formalize an existing law.
Administrative law encompasses laws and legal principles
governing the administration and regulation of government
agencies (both Federal and state). Such agencies are delegated
power by Congress (or in the case of a state agency, the state
legislature) to act as agents for the executive. Generally,
administrative agencies are created to protect a public interest
Product liability and safety law

Businesses producing consumer goods must adhere to

product safety laws or face legal action with possible
fines or even imprisonment.

The main responsibility falls on producers,

manufacturers and importers to ensure that products
are safe by:

•warning consumers about potential risks

•providing information to help consumers understand
the risks
•monitoring the safety of products
There is no independent legislation on occupational safety and health
issues in Pakistan. The main law, which governs these issuesof Factories
Act, 1934. All the provinces, under this act, have devised Factories Rules.
The Hazardous Occupations Rules, 1963 under the authority of Factories
Act is another relevant legislation.
These rules not only specify some hazardous occupations but also
authorize the Chief Inspector of Factories to declare any other process as
hazardous.
The other related laws are:

• Dock Laborers Act, 1934

• Mines Act, 1923
• Workmen Compensation Act, 1923
• Provincial Employees Social Security Ordinance, 1965
• West Pakistan Shops and Establishments Ordinance, 1969
• Boilers and Pressure Vessels Ordinance, 2002
Product liability and safety law

Businesses producing consumer goods must adhere

to product safety laws or face legal action with
possible fines or even imprisonment.

The main responsibility falls on producers,

manufacturers and importers to ensure that products
are safe by:

•warning consumers about potential risks

•providing information to help consumers understand
the risks
•monitoring the safety of products
•taking action if a safety problem is found
Objection on Liability
 Insufficient Compensation
 Costly to employee so waste
fullness.
 Bad relation b/w employee and
Employer.
 Inconsistency
Ch 3:Workers
Compensation Law(1908)
 Workers Compensation law has
passed to recompensate workers
for any loss in income producing
Capability .
 First law applied to railroad
employees adopted in Prusia 1838.
In 1970 much improved fedral law
—OSHA .
Industrial Injuries Law is most closely related to Workers’ Compensation
Law.
This area of law originated in an effort to compensate workers who had been
injured while performing their job duties.
However, in the 1970’s, with the passage of the Occupational Safety and
Health Act, the focus on the prevention of these injuries and on the study of
occupational hazards and their long-term effects.
Compensation for the majority of industrial injuries is obtained through the
filing of workers’ compensation claims. And when severe violations result in
the death of the worker, it might be possible for the worker’s family to file
suit for wrongful death.

American National Standards Institute (ANSI)As the voice of the U.S.

standards and conformity assessment system, the American National
Standards Institute (ANSI) empowers its members and constituents to
strengthen the U.S. marketplace position in the global economy while helping
to assure the safety and health of consumers and the protection of the
environment.
Obligation to Employees:
Under common law employers should
provide following:
•Safe work place

•Safe tools

•Hazards shouldbe identified

•Competent fellow employees and

supervisors
•Rules for safe working and means to
ensure that rules follow properly.
Problems of Non Uniformity

•There are about 57 workers

compensation law. I n different states
each of the laws is different and its
interpretation is different.
•Approx 80 % workers covered by
workers compensation laws. By july
some states build compulsory laws for
industry specially agriculture.
Occupational Safety & Health System

 Policy Framework.

 Regulatory Legislation.

 Enforcement Arrangements.
Policy Framework for OSH

 Labour Policy.
 Labour Protection Policy.
 Labour Inspection Policy.
 Tri-partite (Employers, Workers & Government)
consensus for policy development.
 Extension to all sectors of economy.
 Stress on promotion and improvement.
Labour Policy

Vision:
 Dignity of labour.
 Decent working conditions.
 Strengthening bilateralism.
 Workers and employers encouraged to
build on the minimum standards set .
Labour Policy (contd.)

Features:
 Highest priority to OSH of labour.

 Establishment of a National Occupational

Safety & Health Council.

 Consolidation of laws relating to OSH.

Labour Policy (contd.)

 Promotion of research and training in OSH.

 Reorganization of inspection services.
Labour Protection Policy

Objectives:

• Increased protection and improved

working conditions for workers.

• Productivity enhancement through a safer

and healthier working environment.
Labour Protection Policy (contd.)

Features:
Coverage:
• Workers engaged under formal contracts.
• Protection to workers employed under
non-traditional arrangements.
Labour Protection Policy (contd.)

Work Safety and Occupational Health:

• Written OSH policy by enterprises.

• Provincial Labour Inspectorates to assist in

preparation of such documents.
Labour Protection Policy (contd.)

OSH Institutes:

Establishment of Provincial Occupational

Safety & Health Institutes to provide:
• Technical information;
• Training;
• Research; and
• Testing services.
Labour Protection Policy (contd.)

Labour Administration Capacity Building:

Plan highlighting:
• Human resource;
• Logistics;
• Information; and
• Managerial requirements.
Labour Inspection Policy

Objectives:
 Flexible, transparent, fair and innovative
approaches to inspection.
 Coverage of both formal & informal sectors.
 Utilization of services available in private
sector.
 Implementation of policies and laws.
 Increased harmony and cooperation
between workers and managers.
Labour Inspection Policy (contd.)

The Government plans to revitalize and

restructure the inspection system through
following initiatives:
 Registration and risk assessment.
 Integrated inspection.
 Self-inspection and self-reporting.
 Systems inspection.
 Labour extension.
 Private sector involvement.
Labour Inspection Policy (contd.)

Registration and risk assessment:

 Registration of all workplaces with

Provincial Labour Inspectorates.
 Establishment of criteria for determining
the workplaces ‘at risk’.
 Identification of vulnerable enterprises.
 Focus on enterprises posing the greatest
threat to workers’ protection.
Labour Inspection Policy (contd.)

Integrated inspection:

 Rationalization of inspection systems

through progressive integration.

 ‘One enterprise-one inspector’.

Labour Inspection Policy (contd.)

Self-inspection and self-reporting:

 ‘Low risk’ enterprises.

 Self-check and report using a checklist.
 Actual visit of labour inspector to fewer
enterprises.
 Advisory role of labour inspector.
Labour Inspection Policy (contd.)

Systems inspection:

 Focus on systems the enterprise has in

place to prevent accidents, protect
workers and improve working conditions.
 Advisory role of Inspector.
Labour Inspection Policy (contd.)

Private sector involvement:

 Introduction of accredited companies and

individuals under a licensing system for
specified inspection work.
Labour Inspection Policy (contd.)

Labour Extension:

 Coverage to workers not traditionally

covered by national labour laws.
Labour Inspection Policy (contd.)

Capacity building for inspection work:

 Establishment of a National Labour
Inspectorate as the central inspection
authority.
 Provincial Labour Inspectorates to serve as
focal point for all inspection functions at
provincial level.
 Training of inspectors and establishment of
information database.
Regulatory Legislation for OSH

A set of laws applicable to specific activities:

 Factories Act, 1934.  Shops and Establishments
 Mines Act, 1923. Ordinance, 1969.

 Dock Labourers Act, 1934.  Road Transport Workers

 Railways Act, 1890. Ordinance, 1961.
 Boilers and Pressure  Hazardous Occupations Rules,
Vessels Ordinance, 2002. 1963.
 Workmen’s Compensation  Provincial Employees’ Social
Act, 1923 Security Ordinance, 1965.

Consolidation and updating of laws is under process.

 Enforcement Arrangements for
OSH Services

Federal Ministry of Setting the overall policy and

Labour & Manpower goals, framing of new laws, review of
existing laws, adoption of international
conventions and protocols.

Directorate of Dock Workers Safety Central Inspectorate of Mines

Provincial Supervision of
Labour/Industries/ enforcement of laws and
Mines Departments policies in the provinces

Inspectorates of Boilers

Directorates of Labour Welfare

(Labour Inspectorates) Inspectorates of Mines
Government Organizations engaged
at OSH Services

Federal:
Central Inspectorate of Mines:
– Regulates OSH concerns in the mines in direct
federal jurisdiction, i.e. oil-fields, gas-fields and
mines of nuclear substances;
– Conducts job-related training programmes for
workers, supervisors and managers regarding
H2S hazards, rescue work and to raise
awareness about safety laws.
– Also serves as ILO-CIS National Centre and
country representative on APOSHO for
promotion of OSH culture.
Government Organizations engaged
at OSH Services (contd.)

Federal:
Directorate of Dock Workers Safety:

Regulates safety of dock workers employed in

loading and unloading cargo at ports and ships.

National Institute of Fire Technology:

Imparts training in fire safety/fire-fighting.

Government Organizations engaged
at OSH Services (contd.)

Provincial:
Directorates of Labour Welfare:
Monitor OSH aspects in commercial and industrial
undertakings under Factories Act, 1934 and West Pakistan
Shops & Establishments Ordinance, 1969.
Centre for the Improvement of Working Conditions and
Environment/Occupational Safety & Health Centre:
Provide training on occupational safety, industrial hygiene,
risk assessment, chemical safety, selection and use of
personal protective equipments, ergonomics, first-aid and
occupational diseases management etc.
Civil Defense Academy:
For training in first-aid & fire-fighting etc.
Government Organizations engaged
at OSH Services (contd.)

Provincial:
Inspectorates of Mines:
Regulate OSH concerns in mines other than those of
mineral oil, natural gas and nuclear substances.

Mine Rescue & Safety Training Centers:

Impart safety training to managers, supervisors and
workers and provide mine rescue services, under the
umbrella of Inspectorate of Mines.

Inspectorates of Boilers:
To regulate safety in pressure vessel/boiler operation.
Enforcement Arrangements for
OSH Services (contd.)

Inspection Staff:
 Labour Inspectors:
Small industrial and all commercial enterprises
under West Pakistan Shops & Establishments
Ordinance, 1969.
 Labour Officers/Technical Inspectors of Factories:
Factories under the Factories Act, 1934.
 Inspectors of Mines under Mines Act, 1923.
Enforcement Arrangements for
OSH Services (contd.)

Work on a devolution plan is under

way to empower the provincial
governments for enhancing the
system efficiency.

The institutional set-up would be

revitalized and restructured in the
light of new policy framework.
Conclusions

 OSH is placed high on the Government’s

agenda.
 A comprehensive programme has been
launched for updating policies and laws
and capacity building/strengthening of
institutional arrangements in the light of
international standards, innovative
approaches and recognized practices to
provide better services in the field of OSH.
Conclusions (contd.)

 The policies and legislation lay emphasis

on providing an environment conducive for
development of a healthy and well-
motivated productive workforce through
achievement of necessary goodwill and
cooperation of the three partners –
government, employers and workers.
 System improvement followed as a
continuous and reiterative process to
meet the needs of changing times.