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Occupational safety and health situation Er.

Khumraj Pun (Industrial Engineer)


IOE, TU, Nepal
in industrial sector in Nepal

Abstract
Safe and hazard free work and workplace are needed for higher productivity, efficiency, quality
of any industrial process. Therefore establishing a sound ergonomic work environment in any
establishment is the important aspect of industrial development. Industrial sector itself is a new
one for Nepal and of course the issues pertaining to occupational safety and health are in their
infant stage. Nepal has not yet ratified ILO convention No. 155 on occupational safety and
health. Department of labor under the ministry of labor and transport management is the apex
body in the labor administration and mainly functions in policy level. The safety and health
provisions under the Labor Act, 2048 (1992), are enforced by the factory inspectors of labor
office. However, the inspection and regulation of labor offices is not being sufficiently able for
establishing a sound OSH condition in Nepalese industries. The international labor organization
(ILO) has estimated that approximately 270 million workers meet occupational accidents and
160 million people are suffering from occupational diseases each year. Approximately 2.2
million people die of occupational accidents and diseases each year. It is estimated that each
year approximately 20,000 workers meet accidents at workplace which lead to about 200 lives
lost in Nepal. The inspection, record and monitoring of OSH related activities and the policy
formulation and implementation are very poor in Nepal especially in industrial sector.
Therefore, sufficient research, development and recording of OSH issues and their proper
management is the current need of the country for establishing safe, environment friendly, and
hazard free work and workplace in industrial sector in order to increase labor productivity,
efficiency and overall industrial development of the country.

Keywords: occupational safety and health, workplace safety, hazards, occupational injuries,
inspection, legislation, industrial safety, labor, establishments

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Occupational safety and health situation Er. Khumraj Pun (Industrial Engineer)
IOE, TU, Nepal
in industrial sector in Nepal

Contents
Abstract ......................................................................................................................................................... 1

1 Introduction .......................................................................................................................................... 1

2 Scope and methodologies of the study ................................................................................................ 2

3 OSH situation in Nepal .......................................................................................................................... 3

3.1 Present labor situation in industrial sector in Nepal .................................................................... 3

3.2 Legislative provisions on OSH ....................................................................................................... 4

3.2.1 Problems on policies and legislation ..................................................................................... 7

4 Department of labor and transport management................................................................................ 8

4.1 Introduction .................................................................................................................................. 8

4.2 Labor inspection records: ............................................................................................................. 9

4.3 Trends of industrial injuries ........................................................................................................ 10

5 Summary ............................................................................................................................................. 12

6 Conclusion and recommendation ....................................................................................................... 13

REFERENCES

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Occupational safety and health situation in industrial sector in Nepal
Er. Khumraj Pun, IOE, TU, Nepal

1 Introduction
Occupational safety and health (OSH) is the science of the anticipation, recognition, evaluation
and control of hazards arising in or from the workplace, and which could impair the health and
well-being of workers, also taking into account the possible impact on the surrounding
communities and the general environment. Although definitions of occupational safety and
health may be presented in different ways, they all have the same meaning and aim at the
same fundamental goal of protecting and promoting the health and well-being of workers, as
well as protecting the general environment, through preventive actions in the workplace.

The concept of occupational safety and health is still new to the people of Nepal. It has not
been a hot agenda in labor and industrial field. When we see the present scenario, less than
three percent of the total labor force of the nation is engaged in industrial sector. Industrial and
service sectors are new ones and hence the issues in the sector have still not given much
importance. In another hand, the high illiteracy among the workers, lack of awareness, poor
performance or negligence of the authorities in implementation of OSH related policies and
activities have paralyzed these issues. In addition, our level of socio- economic realities has
forced us to struggle hard for wages and some minimum benefits in order to solve hand to
mouth problem. Thus up to now, the OSH has not become the prior agenda for government,
workers, trade unions as well as any other concerned stakeholders too.

Industrial sector is place where the risk of occupational hazards might be prominent than other
sectors. Industrial occupation may create unsafe work and work environment because of the
inherent sources of hazards present in the material, process, technologies or products. These
sources of hazard may pose the risk of accidents and disease to the people within the industrial
premises and the general public in the vicinity and the environment. Safe work and work place
for increase production and higher productivity is necessary and hence promotion and
protection of safe work and work place is the complementary aspect of industrial development.

Work is essential for life, development and personal fulfillment. Unfortunately, indispensable
activities, such as food production, extraction of raw materials, manufacturing of goods, energy
production and services involve processes, operations and materials which can, to a greater or
lesser extent, create hazards to the health of workers and the nearby communities, as well as
to the general environment. Generation and release of harmful agents in the work
environment, as well as mechanical, chemical, physiological, psychosocial, physical and
biological hazards can be prevented, through adequate hazard control interventions, which not
only protect workers’ health but also limit the damage to the environment often associated
Occupational safety and health situation Er. Khumraj Pun (Industrial Engineer)
IOE, TU, Nepal
in industrial sector in Nepal

with industrialization. If a harmful chemical is eliminated from a work process, it will neither
affect the workers nor go beyond, to pollute the environment.

2 Scope and methodologies of the study

Occupational Health and Safety is still fledging in Nepal. Cursory lucubration and verdant conclusions in
this sector has even made the situation dismal.

My intensions form this paper is to reflect and analyze the present situations of OSH in Nepal and give
some prolific recommendations for the enhancement of OSH in Nepal.

The primary source of data for analysis purpose is the literatures provided by 10 labor offices under the
Ministry of Labor and Transportation Management, which keeps records pertaining to the OSH
conditions in industrial establishments of Nepal for the past 10 years.

Also supporting my case are the current Legislations and International accords effective in Nepal.

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Occupational safety and health situation Er. Khumraj Pun (Industrial Engineer)
IOE, TU, Nepal
in industrial sector in Nepal

3 OSH situation in Nepal

3.1 Present labor situation in industrial sector in Nepal


At present it is estimated that nearly 12 million workers are engaged in employment in Nepal.
Based on the classification of industry 73.9% are engaged in agriculture sector and only 26.1%
are engaged in non-agriculture sector. The international labor organization (ILO) has estimated
that approximately 270 million workers meet occupational accidents and 160 million people are
suffering from occupational diseases each year. Approximately 2.2 million people die of
occupational accidents and diseases each year. It is estimated that each year approximately
20000 workers meet accidents at workplace which lead to about 200 lives lost in Nepal 1. These
losses due to these accidents and diseases at workplace are not a loss merely to the industries
but physical and economic loss to the society and nation as well.

In industrial sector, the major cases and causes of occupational hazards are found in following
sector

• Unsafe working conditions


• Lack of supervision and training
• Use of old machinery and equipment
• Lack of sufficient maintenance
• Bad house-keeping practices
• Violation of safety rules
• Over crowded production units with very congested space

High risk for safety and health has been observed in:

• Working with machine and equipment


• Use of electricity
• Building and Construction works
• Use of chemicals in industries

1
www.dol.gov.np

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Occupational safety and health situation Er. Khumraj Pun (Industrial Engineer)
IOE, TU, Nepal
in industrial sector in Nepal

• Dusty worksites 2

3.2 Legislative provisions on OSH


The concept of working conditions, occupational safety and health of the workers is quite a new
concept even to the oldest industry of Nepal, although there were some studies in relation to
different aspects of various industries. Only a few studies specific to working conditions in
industry, including the jute industry of Nepal, have been conducted so far. Nepal has not yet
ratified the ILO Convention No. 155 on Occupational Safety and Health. After the restoration of
a multi-party system in Nepal, Government of Nepal has begun to pay more attention to
industrial working conditions and environment by enacting and enforcing the new Labor Act,
2048 (1992). The Labor Act and its subsidiary rules, Bonus Act and rules, are the main labor laws
in the country, which cover working conditions, welfare of workers, safety and health, and
industrial disputes. The Labor Act contains provisions on conditions of work, workmen's
compensation, leave and holidays, safety and health, minimum wage fixation and settlement of
labor disputes. The coverage of the Labor Act is confined to establishments employing ten or
more workers. As far as industrial estates are concerned, all establishments, irrespective of the
number of workers employed by them, come within the purview of the Act.

Some of the legislative provisions pertaining to the occupational safety and health are worth to
be mentioned here for the reference

1. Labor act 2048 (1992)


Section 5 of Chapter II of the Labor Act restricts to employ to work any minor or a
woman unless otherwise prescribed during the hours between 6.00 pm and 6.00 am.
Chapter III of this Act contains sections 16–20 which provide restrictions on the working
hours for the worker. It limits the working hours for adults to no more than eight hours
a day or forty-eight hours a week. It provides for a weekly holiday with pay and
compulsory intervals of rest. It also provides overtime payment and restricts to allow
workers for overtime for more than four hours a day but not exceeding twenty hours a
week. Chapter V of this Act contains sections 27–36, which entirely pertain to the health
and safety of workers in the establishment. They prescribe arrangements for sanitation
and cleanliness, modern lavatories, disposal and destruction of waste, adequate

2
OSH In Nepal: Existing Scenario & Possibilities GEFONT Paper Prepared For OSH Training In
ILO Training Organized in Turin Center, Oct 15- Nov10, 2001, Turin Italy

4
Occupational safety and health situation Er. Khumraj Pun (Industrial Engineer)
IOE, TU, Nepal
in industrial sector in Nepal

ventilation and lighting, and control of temperature, protection from dust, fumes and
other impurities, avoidance of overcrowding in any room of the establishment,
provisions for drinking water and extinguishing fire. The Act also includes the provision
for medical examination of workers at least once a year in the establishment involved in
processes, which are likely to cause health hazards. It provides a number of accident
preventive measures, such as protection of eyes, protection against chemical hazards
and fire, guarding against dangerous machinery, prohibition on lifting a heavy load, and
safety measures for pressure plants. A provision has been made for compulsory notice
of any kind of accident or disease. In this Act, the powers of the Factory Inspector have
been enhanced by vesting him with powers to collect samples of any products and semi-
finished products, as well as any material being used that may cause harm to the
workers or damage their health. The Labor Act has made it obligatory on the part of the
establishment management to inform the Labor Office in a prescribed manner before
erecting or establishing or expanding an establishment on any land or in any house. The
Labor Office may issue orders to close down unsecured parts of the establishment, plant
or machinery. Factory Inspectors have been assigned responsibility to ensure that the
building, machinery and manufacturing processes are safe for workers. Violations of
these provisions are punishable with fines. 3

2. Present 3-year interim plan (2064-2067)


Present interim plan has set some strategic programs and visions to make workplace
safe, healthy and productive by promoting and developing occupational safety and
health as an integral part of all the industrial enterprises and workplaces. Government
of Nepal allocates about 20 million rupees annual budget for occupational safety and
health project. Occupational Safety and Health Project sets following programs to be
implemented as the integral part of the project.
• Training program on occupational safety and health for social partners.
• Capacity enhancement training program for officers affiliated with occupational safety
and health.
• Orientation program for employers.
• Awareness enhancement programs on industrial accidents.
• Educational program on HIV/AIDS and STDs at work places.
• Labor education programs.

3
Nepal Government, 2048 (1992), “The Labor Act 2048”

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Occupational safety and health situation Er. Khumraj Pun (Industrial Engineer)
IOE, TU, Nepal
in industrial sector in Nepal

• Factory inspection, monitoring and evaluation strengthening programs 4.

3. ILO convention
On safety and health as in other fields, the ILO adopts two main types of standard:
Conventions (which are ratifiable and binding) and Recommendations (more detailed,
often supplementing a Convention). Currently, there are more than seventy ILO
Conventions mainly or partly related to questions of safety and health. Many others
deal with matters that are also clearly relevant to the safety and health agenda–for
example, freedom of association, collective bargaining, labor inspection, gender equality
and child labor.
ILO health and safety standards cover four main categories:
• Guiding policies for action:
These include the Occupational Safety and Health Convention (No. 155) and its
accompanying Recommendation (No. 164), which prescribe the progressive application
of comprehensive preventive measures and the adoption of a coherent national policy
on occupational safety and health. They also establish the responsibility of employers
for making work and equipment safe and without risk to health, as well as the duties
and rights of workers. Further prominent examples are the Occupational Health
Services Convention (No. 161) and its accompanying Recommendation (No. 171), and
the List of Occupational Diseases Recommendation (No. 194).
• Sectors:
Some of the most hazardous sectors are covered by specific Conventions - for example,
mining, construction and dock work. An important recent addition is Convention No.
184 on Safety and Health in Agriculture, adopted in 2001 together with the
accompanying Recommendation No. 192.
• Specific risks affecting more than one sector:
For example, Chemicals, ionizing radiation, benzene, asbestos, occupational cancer, air
pollution, noise and vibration.
• Protection measures:
For example, the guarding of machinery and medical examination of young workers or
the maximum weight of loads to be transported by one worker.

4
Nepal Government, “3-year interim Development Plan (2064-2067)”

6
Occupational safety and health situation Er. Khumraj Pun (Industrial Engineer)
IOE, TU, Nepal
in industrial sector in Nepal

In addition, the ILO has issued more than thirty Codes of Practice on occupational health
and safety. These are intended as practical guides for public authorities and services,
employers and workers concerned, specialized protection and prevention bodies,
enterprises and safety and health committees. Codes of Practice are not legally binding
instruments and do not aim to replace the provisions of national laws or regulations, or
accepted standards.
However, Nepal has not yet ratified the ILO Convention No. 155 on Occupational Safety
and Health. 5
4. Interim constitution on Nepal 2007
The interim constitution of Nepal incorporates several provisions concerning labor
matters, which form the foundation of labor administration in the country. These
include inter alia prohibition of slavery and forced labor, freedom of assembly,
association and speech, freedom of trade, business, and profession, right of equality,
promotion of social justice and economic well- being of the people, and eradication of
social evils. 6

3.2.1 Problems on policies and legislation


The national policy and legislation are not adequate although it has been recognized
that the workforce is the most important segment of the social structure. Stability in the
society is possible only when the organized industrial labor is given its due attention.
Occupational safety and health provisions of the Labor Act do not cover all important
sectors of establishments that pose serious hazards, such as agriculture and forestry.
These sectors are also substantially labor-intensive. The legislative measures for
occupational safety and health are not applicable to small units employing less than ten
workers outside the industrial estates. It has been recognized that the Safety Committee

5
ILO, “General Survey Concerning The Occupational Safety And Health Convention, 1981
(No. 155), The Occupational Safety And Health Recommendation, 1981 (No. 164), And
The Protocol Of 2002 To The Occupational Safety And Health Convention, 1981”,
International Labor Conference ,98th Session, 2009 Report III (Part 1B)

6
Vaidya, Mr. S.N., “Occupational Safety And Health Situation In Nepal”, Department Of Labor
And Employment Promotion, Kathmandu, Nepal

7
Occupational safety and health situation Er. Khumraj Pun (Industrial Engineer)
IOE, TU, Nepal
in industrial sector in Nepal

can play a vital role in taking steps to prevent industrial accidents and injuries and
promote occupational safety and health in the establishment. But in the legislation, at
present, there is no provision for a Safety Committee to be constituted in an
establishment. Similarly, there is no provision for the appointment of a Safety Officer in
an establishment. There are no overlapping responsibilities in implementing the OSH
provisions, but there is an urgent need for coordination and cooperation among the
concerned line ministries to implement the current OSH provisions of the Labor Act
effectively. The Labor Act, 1992 spells out various safety measures for the workers of
the industrial establishments, and it also vests the Labor Office with powers to issue
necessary orders for the installation of safety devices against potential hazards to eyes,
chemical exposure, fire, and against risks of heavy machinery operation etc. in the
concerned establishment. Events of death or injuries disabling the workers and
employees to work more than 48 hours due to an accident in the factory or otherwise
are to be reported to the concerned Labor Office within 3 days. In case of illness caused
by the profession, such cases should also be reported to the Labor Office within 7 days
of knowing the illness. The law, however, does not stipulate on the identification of the
liability of medical treatment. There is no national surveillance system of health services
for industrial workers who are suffering from occupational diseases in Nepal.

4 Department of labor and transport management

4.1 Introduction
The Ministry of Labor and Transport Management is the apex body in the labor administration
and mainly functions at the policy level. The Department of Labor established in 1971 is
responsible for matters related to labor administration. Under the Ministry of Labor and
Transport Management, the Department of Labor and Employment Promotion is responsible
for occupational safety, health and working conditions. There is no separate section or branch
for safety and health in the ministry, but under the Secretary, a Joint Secretary (Tech) and an
Under-Secretary (Tech) administer the work related to occupational safety and health. Matters
relating to the safety and health of workers are the overall responsibility of the Inspection and
Manpower Section of the Department of Labor and Employment Promotion. Under the Director
General, Director (Tech) administers the works of occupational safety and health. The safety
and health provisions under the Labor Act, 2048 (1992), are enforced by the Factory Inspectors
of Labor Office.

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Occupational safety and health situation Er. Khumraj Pun (Industrial Engineer)
IOE, TU, Nepal
in industrial sector in Nepal

Table: labor law enforcement team structure 7

Location Jurisdiction Number of officers


Kathmandu Bagmati zone Senior factory inspector factory inspector labor officer
Biratnagar Koshi zone senior labor officer
Birgunj Bara, Parsa, Rauthat districts senior labor officer factory inspector
Makawanpur and Chitwan
Hetauda districts factory inspector
Bhadrapur Mechi zone factory inspector
Butwal Lumbini & Rapti zone factory inspector
Pokhara Gandaki & Dhaulagiri Zones factory inspector
Janakpur Janakpur & Sagarmatha zones factory inspector
Nepalgunj Bheri and Karnali Zones factory inspector
Dhangadhi Seti & Mahakali zones factory inspector

The safety and health provisions under the Labor Act are enforced by the Factory Inspector of
the Labor Offices. The Factory Inspector of the Labor Office carries out his activities and
performs functions in order to regulate the provisions of the Act to promote occupational
safety and health conditions in the establishments within his jurisdiction. Similarly in order to
watch out the irregularities in this connection, Factory Inspector inspects the establishment
regularly and issues notices to defaulting employers suggesting improvements and, in case of
not following the instruction mentioned in the notice to improve the safety and health
condition, the employers are prosecuted. There are altogether 90 supporting staff in the Labor
Offices.

4.2 Labor inspection records:


The number of inspections at establishments has been found quite inadequate. Besides, a large
number of establishments operating in districts have not been recorded in the inspection
register.

The available database shows the following picture in the formal sector of work in Nepal

7
Government of Nepal, (2066), “Sanchhipta Parichaya”, Department Of Labor, Ministry of Labor
and Transport Management

9
Occupational safety and health situation Er. Khumraj Pun (Industrial Engineer)
IOE, TU, Nepal
in industrial sector in Nepal

Table: factory inspection basic statistics 8

particulars 2058/59 2059/60 2060/61 2061/62 2062/63 2063/64 2064/65 2065/66


number of
establishments 3617 3630 3473 3514 3425 3578 N/A 3599
Number of workers 359373 307536 306430 310900 310145 311069 N/A 313190
Number of
inspections made 1581 1515 1131 992 699 959 N/A 1138

4.3 Trends of industrial injuries8

particulars 2058/59 2059/60 2060/61 2061/62 2062/63 2063/64 2064/65 2065/66


number of
establishments 3617 3630 3473 3514 3425 3578 N/A 3599
Number of workers 359373 307536 306430 310900 310145 311069 N/A 313190
Number of
accidents 46 36 39 38 33 50 N/A 68
fatal 6 6 6 10 6 13 N/A 13
serious 23 16 17 12 12 18 N/A 12
minor 17 14 16 16 15 19 N/A 43

An occupational accident in the establishment is quite a common phenomenon. Most of the


accidents are related to finger, hand, head, eye, and palm and leg injuries. Occupational
accidents seem to be nominal, but this cannot be taken as the actual situation as many
accidents are not reported, although reporting of any type of accident is mandatory. There is a
legal provision of notifying the concerned Labor Office about the fatal accidents or any other
accident which causes man-day losses. Practically this part has not been effective, thus the
Labor Offices have been asked to be vigilant and pay more attention to such reported and
unreported industrial accidents and to take serious notice of violations of the legal provisions.
The causes of accidents are varied but the major causes are lack of training, emotional stage of
the workers, lack of supervision, use of old or outdated machine or equipment, poor layout,

8
Shrestha, Er.Damoder, Department Of Labor, Ministry Of Labor and Transport Management,
Kathmandu, Nepal.

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Occupational safety and health situation Er. Khumraj Pun (Industrial Engineer)
IOE, TU, Nepal
in industrial sector in Nepal

congested workplaces, violation of safety rules and unsuitable working conditions. Similarly,
there is no concession of any kind for installing safety and health devices to replace worn out
and unsafe machinery or to provide occupational health diagnosis and treatment facilities in
the industries. As far as safety measures adopted by the establishments to avoid accidents are
concerned, they are limited to supervision from time to time, regular repair and maintenance
of tools, equipment and machinery and providing necessary safety equipment, such as goggles,
boots, gloves, etc.

It is assumed that there are many unreported accidents. Data on occupational diseases are not
available at present. As the current coverage of the Labor Law is limited to establishments with
ten or more workers and those located within the industrial estates, the magnitude of the
problems of occupational safety and health (OSH) is much higher than statistics show. The
under-reporting of occupational accidents is also attributed to very low awareness of OSH
among management and workers in general.

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Occupational safety and health situation Er. Khumraj Pun (Industrial Engineer)
IOE, TU, Nepal
in industrial sector in Nepal

5 Summary
Occupational safety and health is still in crawling phase in Nepal. After the establishment of
labor department in 2028 B.S., the long time has been passed away, but, the OSH situation in
industrial as well as other sectors could not be the major issue of anyone.

The concerned bodies like government, labor administration authorities and trade unions are
engaged in the disputes other than OSH. Due to lack of awareness and high illiteracy rate
among the workers, they are totally aloof in the OSH issues.

Although, some legislative guidelines have been enacted such as Labor Act, 2048, Trade Union
Act, 2049, National Labor Policy, 2056 etc., their implementation and regulation in the
pragmatic condition is merely tenuous. Nepal has not yet ratified ILO convention No. 155 on
occupational safety and health. Labor department under the ministry of Labor and Transport
Management is the apex body in the labor administration. Factory inspectors of labor office
carry out their activities and perform function in order to regulate provisions of labor act 2048
to promote OSH condition in establishments. They inspect the establishments and keep the
records pertaining to work and workplace situation. It is assumed that there are many
unreported accidents and hazardous incidents which are either hidden by concerned
establishments or not inspected by factory inspectors properly. It can be seen from past
records that number of labors in informal sector is in increasing trend. So, they also should be
brought inside the frame of labor administration and there should a national surveillance
system of health services for industrial workers who are suffering from occupational diseases.

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Occupational safety and health situation Er. Khumraj Pun (Industrial Engineer)
IOE, TU, Nepal
in industrial sector in Nepal

6 Conclusion and recommendation


The promotion towards the sound occupational safety and health environment in Nepalese
industries is showing reluctance because of different barriers as follows:

• Lack of knowledge and awareness among workers


• Lack of awareness and commitment in employers and management
• Fear of change and of cost increase (Management)
• Poor consultation system
• Majority of untrained people both in management and labor
• No safety-friendly work culture (both workers & management)
• Lack of research and data-base on occupational diseases and health hazards
There are some provisions related to OSH in policy level, but unfortunately, the provisions are
not much effective in practice and still need a lot of awareness campaign and effort. Factories
have never taken care of minimum OSH standards provisioned in the law. Weak labor
administration and ineffective enforcement mechanism of the government needs a boosting
improvement in order to build the capacity to control the situation.
Though, achieving zero accident situations may not become possible for industrial sector,
exemplary safety records can be achieved. The industrial sector can be made better with
healthy human resource, more efficient work, fewer fatalities and lower environmental impacts
through applying following strategies in every industry:
• Developing training modules, formal training and orientation
• Formation and mobilization of safety committees in each workplace and enterprises
• Periodic situational survey, hazard analysis and pre-project planning for safety
• Safety incentive programs
• Minimum employ turnover
• Involvement of top management in safety issues
• Sound industrial relation
• Sincere implementation of collective bargaining agreements
• Sound inspection form labor administration

Similarly, the concerned stake holders such as government, trade unions and NGOs or INGOs
concerning to the occupational safety and health should be active in the following activities:

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Occupational safety and health situation Er. Khumraj Pun (Industrial Engineer)
IOE, TU, Nepal
in industrial sector in Nepal

• Partnership among trade unions, employers and government for training programs on
OSH.
• Research for problem identification
• Awareness program for safe and clean workplace and healthy life
• Implementing partnership with employers for sound workplace management
• Pressurizing for waste and sewage management
• Joining hands with international Agencies like ILO for works in cooperation on OSH
• Cooperation with genuine NGOs on the issue of OSH and environment

THANK YOU

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