Occupational Health And Safety Laws In Nigeria Pdf
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- Occupational health & safety policy
- COMPLIANCE TO HEALTH AND SAFETY LAWS AND REDUCTIONS ON WORKPLACE ACCIDENTS
- Three Rights
- HEALTH AND SAFETY AT WORK: A BASIC HUMAN RIGHT
Occupational safety measures when put in place in organizations are expected to increase the productivity of employees and drive organizations to better performance. This study was aimed at assessing the perception of workers at the Warri Refining and Petrochemical Company WRPC on the effect of implemented occupational safety measures on their individual and organizational performance.
Occupational health & safety policy
Decent Work must be safe work. The fire gutted the factory and the adjacent Super Engineering Limited, both of which are owned by a conglomerate based in Shanghai and Hong Kong …. According to Reuters, Nigerian newspapers put the death toll at hundreds, saying that scores of night shift workers are still missing.
I have been asked to deliver a paper titled Health at Work: A basic human right within the local theme Realising the 7 point Agenda of the present administration. Having ruminated on the topic and the theme I would like to appeal that you grant me the permission to amend the topic to Health and safety at Work: A basic human right.
This is because I see a correlation between Safety and Health in the workplace. It seems to me that discussing health at work without safety may not fully achieve the desired purpose. It also seems to me that health and safety at work are almost inseparable, while safety without security is almost useless.
Moreover in the past few years, PENGASSAN and indeed other workers union, in the Niger Delta and Nigeria have come to realize that security is an important component of safety, and that a workplace cannot be safe if it is not secured. Similarly a workplace cannot be healthy if it is not safe.
Document Created by chikaonuegbu. First is that as a Union Leader I have always believed that the single most important protection the State can give to a worker is protection from unsafe and unhealthy workplace. This is because the consequences of workplace fatalities, accidents, injuries, sickness and disease conditions are far reaching both to the individual, the employer and the society.
Second is that it is organized by the Federal Ministry of Labour and Productivity indicating that the Government sees a positive correlation between the achievement of the seven point agenda of the present administration of Alhaji Umaru Musa Yar adua and the Health and safety of workers at work. Third is that it provides an opportunity to restate the importance of health and safety of workers especially in the midst of the global economic downturns when companies and employers are under pressure to cut cost and therefore under severe temptation to compromise the health and safety of their workers.
Moreover as a union leader I have come to ask time and time again-When cutting costs, why do safety, health and training have to go first? Does it mean they are nice to do items of the budget?
Or is it an indication of the value placed on the human life by employers of labour? Or is it one of those wrong practices that are handed down from generation to generation without any challenge as to its usefulness? It seems to me that the organisation of this forum by a Ministry of the Federal Government could be an indication that government believes that the country would need a safe and healthy workforce to deliver on the 7point agenda.
This could be because without the support and cooperation of labour, the 7point agenda, as laudable as they are, would just remain a dream. The delivery of each aspect of the 7point agenda require human labour and it is important that the safety and health of these human beings are protected by the society and government, as well as recognized as one of the basic human rights.
When a worker leaves his residence to work for the upkeep of his family and contribute to the economy of his society and nation, he does so with a believe that he will come back to the warm embrace of his family at least the way he was when he left them. He does not expect that the work will howsoever lead to his death or disability or injury or ill health. There is therefore no gainsaying that he has a right to demand this from the society and the nation and that his employer, the society and nation have a duty to ensure that this right to safety and health at work is respected.
Anyakwe Nsirimovu has submitted that more than any institutional guarantees respect for human rights must be inherent in the habits and desires of the people of the society.
In addition, Bamidele Aturu argues that at common law the employer basically has a duty to provide a safe environment for the workers to fulfil their obligations under the contract of employment and of course the Collective Agreement of most unions recognize this duty of the employer in ensuring safety and health at work.
Before I continue, let me try to put forward some working understanding of the basic concepts in this paper. What is Health? What is Safety? What is Human right? I am only a Union leader and will therefore attempt to present this paper from a Labour and Industrial Relations perspective.
A Healthy workplace, in my opinion, is one that will not adversely affect the physical, mental and social well-being of the worker, while a safe work place, also in my opinion, is one where harm, damage, or loss to the workers and visitors is unlikely.
For me a safe and healthy workplace is one, which will ensure that a worker returns home at least the way he left his home in terms of his physical, mental and social conditions. In recognition of this, Section 17 2 b of the Constitution of the Federal Republic of Nigeria requires that the sanctity of the human person shall be recognised and human dignity shall be maintained and enhanced The International labour organization ILO also recognizes the dignity of the human person and has therefore come up with ILO Conventions which are labelled core labour standards based on human rights especially the respect for the dignity of labour.
These Conventions addresses workers rights internationally in the following areas: 1. The right to organize and bargain collectively 2. The right to be free from slavery or bounded labour 3. The effective elimination of worst form of child labour 4. The right to be free from discrimination 5. The right to written particulars of employment 6. Right to minimum period of notice 7. Right to redundancy pay 8.
Right not to be unfairly dismissed 9. Right to maternity leave Right to health and safety at work. My focus in this paper is on the Right number Right to Health and safety at work. It is very comforting to note that Section 17 3 b and c of the Constitution of the Federal Republic of Nigeria also recognises this right and requires that the conditions of work are just and humane, … and that the health, safety and welfare of all persons in employment are safeguarded and not endangered or abused.
The right to health and safety at work requires that employers ensure that so far as is reasonably practicable the workplace, machinery, equipment and processes under them Document Created by chikaonuegbu. The Factories Act Cap laws of the Federation of Nigeria also provides for the protection of employees in hazardous situations, including the right to remove themselves from such situations. In furtherance of the constitutional role to protect the safety and health of workers, the Nigerian Government has over the years enacted some legislations designed to promote the health, safety, welfare and security of workers including those designed to provide compensation to the worker in the case of injury and more recently the compulsory life insurance provisions in the Pensions Act for the welfare of the survivors of a worker.
Act LFN The Factories Act Cap Laws of the Federation of Nigeria, is a legislation that provides that all factories in Nigeria must be registered, within a month of its commencement of business, with the Director of Factories who is statutorily required to keep a Register of all the Factories in Nigeria. It is the intendment of the Factories Act to also protect all workers that are employed in factories and are exposed to possible occupational hazards.
The Workmen Compensation Act is an employment legislation that provides a mechanism for the payment of compensation to employees who sustain injuries in the cause of their employment.
Section 40 1 of the Act imposes on the employer a compulsory obligation to insure every workman against injury or death arising out of and in the course of employment, while subsection 3 of that section provides for penalties for failure to comply with the duty to insure. I will however like to draw the attention of workers to the provisions of Sections 3 2b , 4 and 5 of the Workmen s Compensation Act on the implications of serious and willful misconduct, Self-Injury and false representation by the workman.
I am aware that the bill sponsored by Senator Chris Anyanwu passed through second reading on the floor of the Senate on or about February 25 I will also like us to appeal to the National Assembly to further expedite action in passing the bill into a law. The aim of the bill is: i. To make further provisions for securing the safety, health and welfare of persons at work; ii. To make provisions for protecting others against risks to safety or health in connection with the activities of persons at work; iii.
To establish the National Council for Occupational Safety and Health to create a general framework for the improvement of working conditions and the working environment; iv. To prevent accidents and departures from health arising out of or in the course of work v. To ensure the provision of occupational safety and health services to workers in all sectors of economic activity.
The National Council for Occupational Safety and Health Hazards and for related issues which will be established when the bill becomes an act will have the following functions: a To ensure employee safety and health in Nigeria by working with employers and employees to create better working environments; b To act as a regulatory agency by issuing safety and health standards that are enforceable under Nigerian law.
The Minerals oil safety regulation of is a Safety Regulation made by the Minister of Petroleum Resources pursuant mainly to the powers conferred on him by section 9 of the Petroleum Act. The regulation, inter alia, details the duties of managers of oil firms in the provision of Personal protective equipment. Under the Regulation, managers employers of oil firms shall ensure that Sufficient Safety Equipment of international approved types, are provided for the workforce and that every personal protective equipment is judiciously used and maintained in serviceable condition at all times.
It further provides that a manager who fails to comply or ensure compliance with any of the provisions of this part of the regulation is guilty of an offence and liable on conviction to a fine of not exceeding N, or imprisonment for a term exceeding 5 years or to both such fine and imprisonment. On the part of the employees, the regulation provides that every Document Created by chikaonuegbu. It also provides that every person working at a fixed workstation above the derrick floor of a drilling rig or other high-rise installation shall wear a safety harness.
The regulation further provides that any person employee who fails to comply or ensure compliance with any of the provisions in this part of the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding N, or imprisonment for a term not exceeding 2 years or to both such fine and imprisonment.
The Pensions act requires the compulsory provision of pension and life insurance for the workers. Section 9 3 of the Pension Act provides that employers shall maintain compulsory life insurance policy in favour of the employees for a minimum of three times the annual total emolument of the employees.
Act LFN prohibits and declares as unlawful all activities relating to the purchase, sale ,importation, transit, transportation, deposit, storage of harmful wastes , except if done with lawful authority. The Union leaders should also ensure that the right of workers with respect to Health and Safety including the obligations of the employers with respect to these rights are properly captured in the Collective Bargaining Agreement. To this end, it is important that both workers, their representatives, their employers get abreast with these rights of the workers and work out an effective way of ensuring compliance.
I have also tried to explain that the extant labour laws, International Labour Conventions and standard industrial relations practice all require that the health and safety of workers at work is given adequate attention by the employers. The next thing I want to try to do is to throw some light on the responsibilities of all the principal parties with respect to health and safety at work. This duty of the employer cannot be extinguished howsoever by delegation.
This responsibility includes, but is not limited, to the following: a Regular and continuous review of the jobs and workplace to identify what could endanger the safety, security and health of the workers b Explaining to the worker these identified hazards and other safety risks and how they will be controlled and managed to ensure that no worker is hurt at work or ill through work.
They also have a duty to enforce the laws that they have made. This has adversely affected the economy of the Niger Delta and in deed that of Nigeria and is capable of making mockery of the South-South Economic and Investment Summit that just ended last week in Calabar. I will try to highlight some of these issues Document Created by chikaonuegbu.
The court has ruled that ILO Conventions are International Treaties and as such they are subject to Section 12 of the Constitution, and that for any treaty or ILO Convention to have force of law in Nigeria, it must first be ratified by the Federal government of Nigeria and secondly must be domesticated or passed into law by the National Assembly. See Abacha vs. This is very serious when one considers that Nigeria has not even ratified a sizeable number of ILO Conventions on Workers Health and Safety, and that the existing legislations on workers health and safety are seriously in need of review.
A lot of legal luminaries have observed that there is clearly a need for laws that will adequately address the problems arising from the concern for the health, safety and welfare of citizens in general and those who work in factories or are engaged in industrial activities in particular.
COMPLIANCE TO HEALTH AND SAFETY LAWS AND REDUCTIONS ON WORKPLACE ACCIDENTS
Every person employed in New Brunswick has the right to a safe work environment. IRS requires that everyone with a connection to the workplace takes responsibility for their own health and safety and the health and safety of those around them. This includes employers , supervisors , employees , owners , contractors , sub-contractors , contracting employers and suppliers. The Occupational Health and Safety Act entitles all employees to three fundamental rights:. The right to know can take many forms and is normally the employer's responsibility. This fundamental employer responsibility begins with Section 9 of the OSH Act often referred to as the General Duty provisions or clause.
Skip to search form Skip to main content You are currently offline. Some features of the site may not work correctly. DOI: Isaac and Keith Jones and B. This Paper examines the enforcement of occupational safety and health OSH regulations; it validates the state of enforcement of OSH regulations by extracting the salient issues that influence enforcement of OSH regulations in Nigeria. View via Publisher. Save to Library.
government, educational authorities, organisations and trade unions. Keywords: Enforcement, Nigeria, occupational safety and health, regulations. Introduction.
Usman Abubakar 1,2. The study looks at each of the five OSH regulatory and enforcement models against a range of performance themes with a view to uncovering strategic lessons for Nigeria and other developing nations. The study identifies some of the potential drivers behind the developments of the different OSH management frameworks. Even though Nigeria is used as a reference case study, the observations and conclusions drawn are generic and applicable to typical developing countries. Although Nigeria is working to implement a new and more comprehensive OSH law, i.
This study shall aim to examine the level of compliance to health and safety laws and workplace accidents in Geomarine Systems Limited, Port Harcourt, Rivers State, Nigeria. The workplace comprises an area where a series of activities are carried out in an activity system. In the wake of the industrial revolution, there was a paradigm shift from manual mode of production called primitive mode to sophisticated machines which paved the way to achieve production goals and targets International Labour Organization, Unfortunately, this modern process of production referred to as mechanization has introduced a plethora of challenges mostly health and industrial related emanating to the occupational health-related hazard Nwachukwu, Hence, employers are required to make available adequate avenues to ensuring the availability of services that provide occupational health care and services to their employees.
Show all documents A total of questionnaires were distributed in both hospitals with completely filled and returned which gave a response rate of A standardized structured questionnaire adopted from the National Institute of Occupational Safety and Health , US Centre for Disease Control and Prevention , and modified to suit the objectives of this research was used for data collection. The questionnaire consisted of questions regarding socio-demographic characteristics which included age, gender, marital status, profession, and their work history.
HEALTH AND SAFETY AT WORK: A BASIC HUMAN RIGHT
Research Visit Spain September Skip to main content Skip to main navigation menu Skip to site footer. Abstract This Paper examines the enforcement of occupational safety and health OSH regulations; it validates the state of enforcement of OSH regulations by extracting the salient issues that influence enforcement of OSH regulations in Nigeria. Sadly enough, the impact of the enforcement authority is ineffective, as the key stakeholders pay less attention to OSH regulations; thus, rendering the OSH scheme dysfunctional and unenforceable, at the same time impeding OSH development. For optimum OSH in Nigeria, maximum enforcement and compliance with the regulations must be in place. This paper, which is based on conceptual analysis, reviews literature gathered through desk literature search. It identified issues to OSH enforcement such as: political influence, bribery and corruption, insecurity, lack of governmental commitment, inadequate legislation inter alia.
Health and Safety. Training and Competency. ISO Compliance.
An employer is required to protect the health and safety of workers at the workplace in accordance with the provisions of Factories Act and Labour Law. It is obligatory for the employer, under employment contract to provide safe system and place of work and to take measures to ensure the safety of the worker. Generally, these health and safety laws are applicable only to factories. It is the duty of the employer to ensure cleanliness in the factory, factories must not be overcrowded during the work. There must be proper ventilation, lighting.