NEBOSH IG1 Element 1.2 Notes | Regulating Health and Safety

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Element – 1.2 (Regulating Health and Safety)

Legal Reasons for Managing Workplace Health and Safety

  • Most countries have health and safety laws.
  • Failure to achieve legal minimum standards can lead to prosecution.

International Labour Organization (ILO)

  • Agency of the United Nations.
  • Most countries are members.
  • Sets international standards for H&S by publishing:
    • Conventions.
    • Recommendations.

Regulations Adopted by the ILO

Occupational Safety and Health Convention (C155)

  • a goal-setting policy for companies and nations.

Occupational Safety and Health Recommendation 1981 (R164)

  • supplements C155 and gives more guidance on how to comply with its policies.

Employers’ Responsibilities

Article 16 of C155 identifies obligations placed on employers to:

  • Ensure that workplaces, machinery, equipment and work processes are safe and without risks to health.
  • Ensure that chemical, physical and biological substances and agents are without risk to health when protective measures have been taken.
  • Provide adequate protective clothing and equipment to prevent risks of accidents or adverse health effects.

Workers’ Responsibilities and Rights

Article 19 of C155 also places obligations on workers, expanded in R164 as follows:

  • Take reasonable care of their own safety and that of other people.
  • Comply with safety instructions and procedures.
  • Use all safety equipment properly.
  • Report any situation that they believe could be a hazard and which they cannot themselves correct.
  • Report any work-related accident/ill health.

Workers’ Responsibilities and Rights

Article 19 of C155 states that every worker must be:

  • Given adequate information on actions the employer has taken to ensure safety and health.
  • Given the right to the necessary training in safety and health.
  • Consulted by the employer on all matters of safety and health relating to their work.
  • Given the right to leave a workplace that he has reason to think presents an imminent and serious danger to his life or health, and not be compelled to return until it is safe.

The Role of Enforcement Agencies

  • No harmonised global standard.
  • Country-specific agencies may include:
    • H&S Enforcement Agency.
    • Fire authority.
    • Insurance companies.
  • Police may be involved in enforcing H&S law in some countries.

Consequences of Non-Compliance

Breach of H&S legislation is usually a criminal offence, leading to:

  • Enforcement action:
    • Improvement.
    • Prohibition.
  • Prosecution:
    • Organisation may be fined.
    • Individuals may be fined or imprisoned.

Other International Standards

International Organization for Standardization (ISO)

  • World’s largest developer of management standards, e.g.:
    • ISO 9001 – Quality Management
    • ISO 14001 – Environmental Management
    • ISO 12100 – Safety of Machinery
  • These standards are not ‘law’, they’re good management practice.
  • They lead to a worldwide common approach to good management.

Other International Standards

Internationally recognised standard for occupational health and safety is currently ISO 45001.

Compatible with ISO 9001 and ISO 14001.

Sources of Information

Health and Safety Executive (UK)

  • www.hse.gov.uk

Occupational Safety and Health Administration (USA)

  • www.osha.gov

European Agency for Safety and Health at Work (EU)

  • https://osha.europa.eu/en

WorkSafe (Western Australia)

  • www.commerce.wa.gov.au/WorkSafe

End of Module 1.2 Exercise

  1. What are the two main standards that the ILO has produced for health and safety? What do countries do with these standards?
  2. What are employers’ responsibilities under R164?
  3. What are employees’ responsibilities under R164?
  4. What action could be taken against organisations breaking health and safety law?

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