How The Osh Act Came About And Its Importance Today In Developing Countries

The OSHA act came into force on February 17th of 2006 and was formed on august 17th, 2007 and established on October 2006 on the basis of OSHA 2004 when amended and is applicable to all industries including state owned industries such as factories, offices, shops and other premises with the exception of that of residential use. The OSHA act enlarged upon laws concerning health, safety and wellbeing of employees at work and in doing so work to prevent injuries to workers in the performance of hazard analysis control. When enforced the OSHA act revoked obsolete legislations including

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  • The Employment of Women
  • the Factories Ordinance.

Although an unconfirmed transformation period for change by industries was given announcement this has since passed and the OSHA established under its statutory functions. Apart from its agency OSHA also betters the establishment of its authority in which its primary function in the government responsible for overseeing OSHA’s matters, policies, standards in relation and makes recommendations on regulations of codes and policies. This agency enforces legal powers of access to the industry’s establishments and for this provides the appointment of supervisory body of inspectors which have multiple powers of access, compliance, directives, notices and also continuance for non-compliance in the industrial court but in general the agency complies with OSHA and any policies, standards or codes developed by the Authority. OSHA’s mission is to ensure safe and healthful workplace by setting and enforcing standards by providing assistance, outreach, education and training. legal insight.

The major sections of the OSH Act

Safety

In any industry and establishment safety of its workers should be one of the highest priorities. The more workers the higher the rate of production and when workers are injured money is lost due to their injury and therefore taking measures to minimalize injuries and fatalities in the workplace is very important and the OSHA act does address this as they state various ways that workplaces should deal with this situation such as young persons are not to work with any type of machinery unless they are supervised or have received sufficient training, Protective Clothing and devices should be worn at all times in the workplace to protect them against various injuries whether it be contact skin injury from chemicals, eye injury head injury and injury to the feet. Another way of providing further protection to workers is the maintenance of the establishment they are working in to prevent dust from accumulating so it can’t be ignited and cause explosions which have occurred in the past. Also reduction of the accumulation of fumes is done so that workers won’t get any respiratory illnesses at the moment of in the future. Also lack of oxygen and accumulation of fumes in a confined space is also dealt with all supply lines whose contents are likely to create a hazard are blanked off and evaluated by competent workers. Machines in motion are not to be cleaned, Evaluation of new machines to ensure that every set-screw, bolt, nut, key or keyway, on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased that it does not move out of place, Risk Assessments to future employees to understand the risks of what they are being introduced too.

Fire

In the event of a fire being made in the establishment for example if dust is ignited it can cause fires through the area in which its is concentrated that is if the concentration and displacement is/isn’t enough and the high the concentration and the smaller space the higher likeliness of explosions. As part of the OSHA act in any industrial establishment a proper fire escape route should be installed in which routine drills are done so that workers are familiar with the fire escape plan in the case of a fire, if not instructions to this fire escape plan should be given to each and every worker of the establishment. Also every occupier shall have their establishment certified by the fire authority every 24 months, if not done the occupier if held accountable for any disasters which occur. Also provision of proper fire-fighting equipment should occur and workers of the establishment should be trained in functioning the equipment as well as ensuring workers is familiar with the lectures and drills conducted for it. This provides workers with a sense of security and safety in which in worst come to worst they have a higher chance of survival.

Health

As said before maintaining workers so that they are in their peak physical conditions are very important as a reduction in workers and the worst the environment is the less production occurs. Concerning health every industrial establishment should work to have a clean environment free of effluvia and any other sanitary concerns, clean floors, furniture and anything in which workers will come across and prevention of breeding and infestation of insect, animals and parasites. Attire such as breathing masks should be worn to reduce risk of respiratory illness. Lighting so that workers can be fully aware of their surroundings and what they are proceeding to and implementation of measures to reduce noise and vibration so not to cause hearing impairment and diseases such as hypotension which can be caused by vibrations. Overcrowding to reduce collisions between employees and as previously talked about faster escape in the event of a fire. medical exams to ensure that an employee is fully capable of performing their task and ventilation to reduce the chance of overheating in a concentrated environment.

Welfare

Any and every factory/establishment should have clean and safe drinking water. Clean and easy to use washing facilities including an antibacterial agent (soap) and means of drying(dryer or hand towels). Sanitary Convenience disposal units for men and women should be implemented with proper environmental conditions. Area for workers to change clothing, first aid appliances in case of minor to major injury, canteens and lunchrooms, applications of the part and its provisions.Notification and Investigation of occupational and accidental diseases, Notification of the incident. In the case of death or critical injury in which the person is unable to perform their task the employer is to contact the chief inspector within 48 hours of the incident. Also in the case that a non-fatal injury occurs that may lead to disability a notice shall be given within 4 days to the chief inspector including a detailed description of the incident. Preservation of the scene in the case of critical injury or fatality, this means that nobody is able to interact with the scene in which this has occurred unless an attempt to save a life is made or an attempt to preserve a service or prevention of damage to unnecessary equipment is made. In the case of death caused by accident whether it be from a physical industry or a disease an autopsy must be done by the District Medical Officer in which results are sent to the Chief Inspector.

Employment of Young Persons

Young people in an industry in more risky than that or older people, this is due to the lack of maturity and a somewhat carefree attitude which exists within a younger person. Also there is a link with education and age as anyone will expect that a younger person would be less knowledgeable than an older person, on few circumstances that is proven to be untrue but statistically it tends to be true and due to this and more reasons younger persons are not to work in any industrial establishment for greater than 3 months unless they have consulted the medical practitioner concerning medical test results and documents signed by the employer pertaining to it. Working hours are also limited to younger people as they are not allowed to work 12 consecutive hours after their last shift, 8 hours in a row and from 10:00pm to 7:00am unless the 90(2) Children act is applied. Also maintenance of an employee’s register should be held into account.

Offenses, Penalties and Legal Proceedings

In the case of a person of an industrial establishment committing any health or safety offenses a person I held accountable and therefore shall stand before the industrial court unless a specification is involved the occupier is hereby responsible for any offenses made and therefore must pay a fine in the event of death or injury. Parents of younger people are to pay a fine in the event of a certificate being forged, false entry, and false statements is also led to fines. This system implements employees and employers to follow the OSHA act.

11 February 2020

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