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Health Safety & Welfare QS & BE

Health Safety & Welfare
























BY T. M .RAMZAN RAFEEK

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Health, Safety & Welfare Legislation
in Sri Lanka

History

First piece of legislation on health, safety and welfare at work, the Ordinance of Safety &
Health No.11 of 1865, enacted in order to improve workers health who engaged in plantation
industry under the British rule. Malaria, Chloria and other epidemic diseases were quite abounded
in the hill country, where the plantations were thriving at that time. The Medical Wants Ordinance
in 1872 specified the provisions which had to be made by employers of the estate labour, to
implement the Ordinance of 1865.

At the same time mining industry was also flourishing in the country notably the graphite
mines. In order to provide necessary provisions to protect the Royal properties in factories and
mines the Mines & Machinery Protection Ordinance of 1896- Factories No: 2 of 1896 was ruled
out by the Britishers. Then Workmen's Compensation Ordinance No.19 of 1934 was enforced to
provide for the payment of compensation to people who are injured in the course of their
employment.

After the Mines &Machinery Protection Ordinance, it was observed that this legislation was
inadequate. Therefore a committee was appointed to revise OHS legislation in 1934. The
Committee recommended to repeal the existing Ordinance and proposed a more
comprehensive law. As a result Factories Ordinance No. 45 of 1942 was passed. In 1950
Factories Division was set up under the Department of Labour. Now the Industrial Safety Division is
functioning under Commissioner of Industrial Safety. Factories Ordinance No.45 of 1942 and
subsequent amendments are the main health, safety and welfare legislation effective in the
country. A large number of engineers from Government and private sector were appointed for
inspection of OHS in factories as well as in construction sites.

It was discussed that the available legislation cover only 30% of workforce. As a result the
Ministry of Labour Relations and Man Power has initiated and decided to upgrade OHS laws to
cover all workplaces and all workers. A frame work for a new legislature, Safety, Health & Welfare
at Work was drafted by 1994 and the draft was under discussion for couple of years. In 1999,
Interim report and draft legislation on Occupational health, safety and welfare was prepared with
the consultation of International Labour Organization (ILO). In 2005, new legislation was drafted
and forwarded to tripartite committee. It was finalized and sent to Attorney Generals Department
and expected to pass the Safety, Health & Welfare at Work Act from Parliament of Sri Lanka in
future.
The following main amendments were done to the Factories Ordinance No.45 of 1942 up to date
Factories (Amendment) Act No. 54 of 1961
Factories (Amendment) Act No. 17 of 1965
Factories (Amendment) Act No. 29 of 1971
Factories (Amendment) Law No 12 of 1976
Factories (Amendment) Act No. 18 of 1998
Factories (Amendment) Act No. 33 of 2000
Factories (Amendment) Act No. 19 of 2002
National Institute of Occupational Safety & Health (NIOSB) is the key institution that
enroll the Policy initiations, training & education, and R&D on the Occupational Health & Safety for
both public and private institutions and industries.
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Factories Ordinance No.45 of 1942

Overview

This ordinance has clearly defined the terms Factory and Building and other construction work, in
order to apply and enforce the legal provisions made for maintain and enhance the Health and
Safety applications.


Definition of Building and Other Construction Work Section 84

Building and other construction work means the construction, erection, structural alter-
nation, repair or maintenance (including excavation, painting, decorating, glazing, pointing and
external cleaning of the structure), the demolition or dismantling of a building or other
structure, the preparation for, and laying the foundation of, an intended building or other
structure and all operations in connection therewith; the construction of any railway line or
siding and the construction, structural alteration or repair (including excavation, pointing and
painting) or the demolition of any subway, tunnel, trench, caisson, conduit, pipe line, road, wharf,
dock, harbour, inland navigation, bridge, culvert, viaduct, water-works, reservoir, aqueduct, sewer,
sewage work, gas holder, trestle, pier, abutment, and all operations pertaining thereto, or any other
construction, alteration, repair or removal work carried on in, about or over water and shall include
such other works as may be specified by regulations made by the Minister.

1. Subject to the following provisions of this section, the provision of this Ordinance specified in
subsection (2) of this section shall apply to building and other construction works undertaken
by way of trade or business, or for the purpose of any industrial or commercial undertaking,
and to any line or siding which is used in connection therewith and for the purposes thereof
and is not part of a railway or tramway.

2. The said provisions are:-

Part I - the provisions relating to registration;
Part II - the provisions for sanitary conveniences;
Part III - the provisions relating to safety;
Part IV - the provisions of welfare regulations;
Part V - the provisions for special regulations for safety and health;

3. No order made under the provisions of this Ordinance with respect to the power of a
Magistrates Court to make orders as to dangerous conditions and practices and no special
regulations made under Part V of this Ordinance shall operate so as to interfere with the design
of any works of engineering construction or with the adoption in the execution of these works
of any method not inconsistent with the safety of the works or of the person employed which
is prescribed in the specification or in any signed plans issued, or written directions given, by
the consulting engineer or the engineer in charge.

4. The provisions of this Ordinance in their application to building operations or to engineering
construction shall have effect as if any place where such operations or works are carried on
were a factory and any person undertaking any such operations or works to which this
Ordinance applies were the occupier of a factory, and with such other adaptations and
modifications as may be made by regulations made by the Minister.

5. The provisions of this Ordinance requiring general registers to be kept and copies of the
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prescribed abstract of this Ordinance and of special regulations or the prescribed abstract
of such regulations to be kept posted up on the premises shall be deemed to be complied
with as respects building operations or works of engineering construction if the register is
kept at an office of the person undertaking the operations or works and copies of the
abstract of this Ordinance and of the regulations or abstract thereof are kept posted up at
each office, yard or shop of the person undertaking the operations or works at which persons
employed by him on the operations or works attend, and in a position where they can easily
be read by those persons.


6. Subject to subsection (7) of this section, any person undertaking any building operations or
works of engineering construction to which this Ordinance applies shall, not later than seven
days after the beginning thereof, serve on the District Factory Inspecting Engineer a written
notice stating the name and postal address of that person, the place and nature of the
operations or works, whether any mechanical power is used and, if so, its nature, the name
of the local authority within whose administrative limits the operations or works are situated
and such other particulars as may be prescribed.


7. Subsection (6) of this section shall not apply to any operations or works which the person
undertaking them has reasonable grounds for believing will be completed in a period of less
than six weeks, except in such cases as the Chief Factory Inspecting Engineer may
direct; and where a person undertakes any building operations or works of engineering
construction in a place where such operations or works, as the case may be, are in progress,
he shall not be required to give notice under that subsection if such a notice was given in
respect of the operation or works in progress


8. The application of this Ordinance to any building operations or works of engineering
constructions by virtue of the foregoing provisions of this section shall not be excludedby
reason of the fact that they are undertaken on premises to which this Ordinance applies
apart from those provisions; and nothing in this section shall be taken as prejudicing the
application of this Ordinance to those premises apart from this section.

Procedures


Accident Notifications - Section 61

Where any accident occurs in a factory which-
1. causes losses of life of a person employed in that factory: or
2. disables any such person for more than three days from earning full wages at
the work at which he was employed; or
3. makes any such person unconscious as a result of heat, exhaustion, electric
shock or inhalation of irrespirable or poisonous fumes or gases,
4. written notice of the accident shall forthwith be sent to the District factory
inspecting engineer (DFIE) by occupier or manager or superintendent in form 10
and followed by form CFIE1.

Where any accident causing disablement is notified under this section and after
notification thereof results in the death of the person disabled, notice in writing of
the death shall be send to the District Factory Inspecting Engineer by the occupier
or manager or superintendent as soon as the death comes to his knowledge.
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Where any accident to which this section applies occurs to a person employed and
the occupier of the factory is not the actual employer of the person killed or injured,
the occupier or manager, or the superintendent (in case of estate factory), shall
obtain from the actual employer of the person killed or injured, written notice of
accident, in such form and accompanied by such particulars as may be prescribed
and shall forthwith cause such notice of accident to be send to the District Factory
Inspecting engineer.

Where an accident occurs in the factory causing death of any person employed
therein, no person shall touch or disturb or cause any other person to touch or
disturb, without the permission of a Factory Inspecting Engineer, any machinery or
any article which was involved in such accident, other than for the purpose of
extricating or attending on any person concerned in such accident.

Note:
In case of accidents all records must be entered in general register and it must
be available in the factory for inspection. Once in six months copies of the
accident records entered in general register must be sent to the district Factory
Inspecting Engineer.


Dangerous Occurrences- Section 62
Dangerous occurrences notification regulations-1965

Dangerous occurrences such as explosion, fire, collapse of buildings, accident to plant and
machinery, etc., shall forthwith be notified to the DFIE.


Investigation into case of death by accident or Industrial diseases - Section 64

Where it appears to an inquirer holding an investigation under the Criminal Procedure Code into
the cause of the death of any person that the death of that person may have been caused by any
accident or disease of which notice is required by this Ordinance to be given, the inquirer shall
adjourn the investigation unless a Factory Inspecting Engineer or some person on behalf of the
Commissioner is present to watch the proceedings, and shall, at least four days before holding the
adjourned investigation, send to the District Factory Inspecting Engineer for the district notice in
writing of the time and place of holding the adjourned investigation: Provided that -

(a) the inquirer, before the adjournment, may take evidence to identify the body, and may order the
interment thereof; and
(b) if the investigation relates to the death of not more than one person, and the inquirer has sent to
the Factory Inspecting Engineer notice of the time and place of holding the investigation at such
time as to reach the Factory Inspecting Engineer not less than twenty-four hours before the time of
holding the investigation, it shall not be imperative on him to adjourn the investigation in pursuance
of this section if he thinks it unnecessary so to adjourn.


Insurer to furnish information to the Chief Factory Inspecting Engineer- Section
66A

Where any claim for insurance compensation in respect of an accident, dangerous occurrence or an
industrial disease referred to in sections 61, 62 and 63 of this Ordinance is made to an insurer
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authorized by or under any law to carry on insurance business in Sri Lanka, such insurer shall furnish
to the Chief Factory Inspecting Engineer, such particulars relating to such accident, dangerous
occurrence or industrial disease as may be required of him by the Chief Factory Inspecting
Engineer.


Enforcement

Appointment of Inspectors- section 100

There may be appointed for the purposes of this Ordinance :-

A person by name or by office to be or to act as Chief Factory Inspecting Engineer;
A person by name or by office to be or to act as Deputy Chief Factory Inspecting Engineer;
Such number of persons, by name or by office, to be or to act as Specialist Factory
Inspecting Engineers as may be deemed necessary;
Such number of persons, by name or by office, to be or to act as Specialist Inspecting
Medical Officers as may be deemed necessary;
Such number of persons, by name or by office, to be or to act as District Factory Inspecting
Engineers as may be deemed necessary;
Such number of persons, by name or by office, to be or to act as Factory Inspecting
Engineers as may be deemed necessary; and
Such number of persons, by name or by office, to be or to act as Inspecting
Medical Officers as may be deemed necessary.

Powers of Inspectors- Section 101

The Commissioner, the Chief Factory Inspecting Engineer, the Deputy Chief Factory Inspecting
Engineer, a Specialist Factory Inspecting Engineer, a Specialist Inspecting Medical Officer, a District
Factory Inspecting Engineer, a Factory Inspecting Engineer, an Inspecting Medical Officer, and any
qualified engineer or medical practitioner who is in the service of the Government and is authorized
in this behalf by the Commissioner shall, for the purpose of the execution of this Ordinance, have
power to do all or any of the following things, that is to say:-
(a) to enter, inspect and examine by day or night any premises.

Appointment and duties of authorized Doctor- Section 104

Subject to any general directions of the Commissioner, the Chief Factory Inspecting Engineer may
appoint a sufficient number of registered medical practitioners to be authorized factory doctors for
any of the purposes of this Ordinance, and may revoke any such appointment.

If and so long as there is no authorized factory doctor for any factory, the District Medical Officer
appointed for the district in which the factory is situated shall act as the authorized factory doctor for
that factory.



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Provisions provided for Health & Safety
by Factories Ordinance

Provisions for Sanitary Conveniences at Building & Other
Construction Works


Sanitary Conveniences -Section 15

Sufficient and suitable sanitary conveniences for the persons employed in the factory shall be
provided, maintained and kept clean, and effective provision shall be made for lighting the
conveniences and, where persons of both sexes are or are intended to be employed
The Factories (Sanitary Conveniences) Regulations, 1965.
Where females are employed in any premises to which these regulations apply, there shall
be at least one suitable sanitary convenience for every 25 females, and where males are
employed, there shall be at least one suitable sanitary convenience (not being a
convenience suitable merely as a urinal) for every 25 males:
Provided that in the case of any premises where the number of males employed execs 100
and sufficient urinal accommodation is also provided, it shall be sufficient if there is one such
convenience for every 40 males in excess of 100 males:
Provided further that m the case of any premises where the number of males employed
exceeds 500 it shall be sufficient to provide one such convenience for every 60 males, if
sufficient urinal accommodation is also provided.
The sanitary conveniences shall be so arranged as to be conveniently accessible to the
persons employed at the factory.
Urinal accommodation shall be provided for the use of male workers and shall not be less
than two feet in height for every 50 males:
Provided that where the number of males employed exceeds 50, it shall be sufficient if there is
one urinal for every 50 males up the first 500 employed, and one urinal for every hundred
males in excess of 500 males.
The walls, ceilings and partitions of every convenience and urinal shall be white-washed or
colour-washed and the white-washing or color-washing shall be repeated at least once in
every period of six months.




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Provisions to prevent Accidents from Machinery

Prime movers- Section 17
Every part of prime movers shall be securely fenced.
Prime mover means which provides mechanical energy such as motor, engine or other
appliance.

Transmission machinery- Section 18
Every part of transmission machinery shall be securely fenced.
Transmission machinery means belt and pulley drives, gear drives, chain drives, coupling,
clutches, shafts and keys etc.,

Other machinery- Section 19
Every dangerous part any machinery other than prime movers and transmission machinery
shall be securely fenced.
Eg. Dangerous parts in dust fan

Construction and maintenance of fencing- Section 21
All fencing shall be in substantial construction, and constantly maintained and kept in
position while the parts required to be fenced are in motion or in use.
(Cleaning and lubrication)

Construction and sale of new machinery- Section 22

Every machinery must be made to comply with Factories Ordinance. Any person who imports,
sells or lets on hire, or as agent of the importer, seller or hirer causes or procures to be imported,
sold or let on hire, for use in a factory in Sri Lanka any machine intended to be driven by mechanical
or electrical power which does not comply with the requirements of this section, shall be guilty of an
offense and liable to a fine not exceeding fifty thousand rupees.


Periodically Testing Requirements for all High-Risk Machinery


Hoist and Lifts- Section 27
Every hoist or lift shall be thoroughly examined by a competent person at least once in
every period of twelve months.
Every hoist or lift shall be thoroughly examined by a competent person at least once in every period
of twelve months, and a report of the result of every such examination in such form and containing
such particulars as may be prescribed shall be signed by the person making the examination and
shall within fourteen days be entered in or attached to the general register.

Chain ropes and lifting tackles- Section 28
All chains, ropes or lifting tackle shall be thoroughly examined by a competent person at
least once in every period of six months.
The expression lifting tackle means chain slings, rope slings, rings, hooks, shackles and swivels.

Cranes and other lifting machines-Section 29
Cranes and other lifting machines shall be thoroughly examined by a competent person at
least once in every period of fourteen months. The expression-lifting machine means a crane,
crab, winch, pulley block, gin wheel, transporter or runway.
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Provisions for Safety of Work Floor

Construction of floors, passages and stairs- Section 30

All floors, steps, stairs, passages and gangways shall be of sound construction and properly
maintained.
For every staircase in a building or affording a means of exit from a building, a substantial hand-
rail shall be provided and maintained, which, if the staircase has an open, side shall be on that
side, and, in the case of a staircase having two open sides, or in the case of a staircase which,
owing to the nature of the construction thereof or the condition of the surface of the steps or other
special circumstances, is specially liable to cause accidents, such a hand-rail shall be provided
and maintained on both sides. Any open side of a staircase shall also be guarded by the
provision and maintenance of a lower rail or other effective means.
All openings in floors shall be securely fenced, except in so far as the nature of the work renders
such fencing impracticable.
All ladders shall be soundly constructed and properly maintained.

Safe Means of Access and Safe Place of Work - Section 31
There shall, so far as is reasonably practicable, be provided and maintained safe means of
access to every place at which any person has at any time to work.
Where any person is to work at a place from which he is liable to fall a distance of more than six
feet then, unless the place is one which affords secure foothold and, where necessary, secure
handhold, means shall be provided, so far as is reasonably practicable, by fencing or other-wise
for ensuring his safety.

If a worker has to work in a place where he is liability to fall more than 6ft, secure foot
hold and hand hold should be provided.


Work in Confined Space- Section 32

Special precautions are laid down for work in confined spaces where workers are liable to be
overcome by fumes and harmful liquids.

Where work has to be done inside any chamber, tank, vat, pit, pipe, flue or similar confined space,
in which dangerous fumes, toxic substances or harmful liquids are liable to be present or a
deficiency of oxygen is liable to occur, to such an extent as to involve risk of person being overcome
thereby -
The confined space shall, unless there is other adequate means of egress, be provided with
a manhole, which may be rectangular, oval, or circular in shape, and shall be not less than
eighteen inches long and sixteen inches wide or (if circular) not less than eighteen inches in
diameter, or in the case of tank wagon and other mobile plant not less than sixteen inches
long and fourteen inches wide or (if circular) not less than sixteen inches in diameter; and
No person shall enter the confined space for any purpose unless the following requirements
are complied with:-
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All practicable steps shall be taken to remove any fumes, toxic sub-stances or harmful
liquids which may be present and to prevent any ingress of fumes and, unless it has been
ascertained by a suitable test that the space is free from dangerous fumes, toxic substances
or harmful liquids, the person entering shall wear a belt to which there is securely attached a
rope of which the free end is held by a person outside; or
The person entering shall wear a suitable breathing apparatus;
Suitable breathing apparatus and a suitable reviving apparatus and suitable belts and ropes
shall be provided and maintained so as to be readily accessible and shall be periodically
inspected in such manner as may be prescribed; and
A sufficient number of the persons employed shall be trained and practiced in the use of
such apparatus and in the method of restoring respiration:

Provisions for Safety of Boilers and Air Receivers

Steam boilers- Section 34
Every steam boiler and its fittings and attachments shall be thoroughly examined by an
authorized officer at least once in every period of twelve months.

Steam receivers- Section 35
Every steam receiver and its fittings and attachments shall be thoroughly examined by an
authorized officer at least once in every period of twenty four months.

Air receivers- Section 36

Every air receiver and its fittings and attachments shall be thoroughly examined by
an authorized officer at least once in every period of twenty four months.
This section the expression air receiver means -
Any vessel (other than a pipe or coil, or an accessory, fitting or part of a compressor) for
containing compressed air and connected with an air compressing plant;
Any fixed vessel for containing compressed air or compressed exhaust gases and used for
the purpose of starting an internal combustion engine; or
Any fixed or portable vessel (not being part of a spraying pistol) used for the purpose of
spraying by means of compressed air any paint, varnish, lacquer or similar material; or
Any vessel in which oil liquid or similar substance is stored and from which it is forced by
compressed air or by any gas:

Gas receivers- Section 36
Every gas receiver and its fittings and attachments shall be thoroughly examined by an
authorized officer at least once in every period of twelve months.





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Provisions for Fire Safety

Fire safety - Section 39, 40, 41, 42 and 42A

Sufficient and adequate number of firefighting equipment should be provided, located in
prominent places of the factory and maintained. Adequate training should be given to
workers on use firefighting equipment.

At least two doors should be provided to workplaces and also these doors must be
open outwards or sides(sliding doors).

Effective provision shall be made for giving warning in case of fire, which shall be clearly audible
throughout the building

Workers shall be familiar with evacuation routes.


The provisions of Welfare Regulations


Drinking water- Section 46

There shall be provided and maintained at suitable points conveniently accessible to all persons
employed an adequate supply of wholesome drinking water from a public main or from some other
source approved in writing by the District Factory Inspecting Engineer for the district, such approval
not to be withheld except on the ground of the unwholesomeness of the water.
The Factories (Washing facilities General) Regulations under section 47
There shall be provided and maintained in every factory for the use of employees adequate and
suitable facilities for washing. Such facilities shall include soap, nail brushes or other suitable means
of cleaning facilities for drying; such facilities shall be conveniently accessible and shall be kept in a
dean condition. Where washbasins are provided every basin having a separate tap shall be not less
than 20 inches in length. Such a basin shall be provided for every 20 persons employed at any one
time.

Accommodation for clothing -Section 48

There shall be provided and maintained for the use of employed persons adequate and suitable
accommodation for clothing not worn during working hours; and such arrangements as are
reasonably practicable or, when a standard is prescribed, such arrangements as are laid down
thereby shall be made for drying such clothing.

Facilities for resting for female workers- Section 49

There shall be provided and maintained; for the use of all female workers whose work is done
standing, suitable facilities for resting sufficient to enable them to take advantage of any
opportunities for resting which may occur in the course of their employment.

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Provisions for First Aid

First aid Section 50

There shall be provided and maintained so as to be readily accessible a first-aid box or
cupboard of such standard as may be prescribed, and where more than one hundred and
fifty persons are employed an additional box or cupboard for every additional one hundred
and fifty persons.

For the purposes of this provision the number of persons employed in a factory shall be
taken to be the largest number of persons employed therein at any one time, and any fraction
of one hundred and fifty shall be reckoned as one hundred and fifty. Where the persons
employed are employed in shifts the calculation of the number employed shall be according to
the largest number at work at any one time.
Nothing except appliances or requisites for first-aid shall be kept in a first-aid box or
cupboard.
Each first-aid box or cupboard shall be placed under the charge of a responsible person who
shall, in the case of a factory where more than fifty persons are employed, be trained infirst-aid
treatment, and the person in charge shall always be readily available during working hours.
A notice shall be affixed in every workroom stating the name of the person in charge of the
first-aid box or cupboard provided in respect of that room.


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Special Regulations of Health & Safety
by Factories Ordinance


Special Regulations for Health & Safety

Protection of Respiratory Organs & Prevention of Asphyxiation

Removal of dust or fumes- Section 51

In every factory in which, in connection with any process carried on, there is given off any dust or
fume or other impurity of such a character and to such extent as to be likely to be injurious or
offensive to the persons employed, or any substantial quantity of dust of any kind, all practicable
measures shall be taken to protect the persons employed against inhalation of the dust or fume or
other impurity and to prevent its accumulating in any workroom, and in particular, where the nature
of the process makes it practicable, exhaust appliances shall be provided and maintained, as near
as possible to the point of origin of the dust or fume or other impurity, so as to prevent it entering the
air of any workroom.

Precautions where asphyxiant or irritant, gas or vapour -Section 51A

Where ammonia, chlorine, carbon dioxide or other asphyxiant or irritant gas or vapour is
used or is liable to be present in any factory, the plant or equipment in which such
asphyxiant, gas or vapour is used or liable to be present shall be located in such part of the
factory premises where persons are not ordinarily employed in any work.
There shall be provided, properly maintained and readily available in any factory where any
such asphyxiant, gas or vapour is used or liable to be present, breathing apparatus or other
equipment of a type approved by the Chief Factory Inspecting Engineer.
No person shall be employed to work at or near the outlet of any stack, culvert, drain, flue or
sewer or other such place from which dangerous gases or fumes are liable to be discharged:-
unless a responsible person in the factory has certified in writing that effective measures
have been taken to prevent such discharge; or unless :-
such person is wearing breathing apparatus approved by the Chief Factory Inspecting
Engineer while carrying out such work;
such person is wearing a harness with a rope or ropes or tackle securely attached to the
harness and the other end of such rope or ropes is so placed as to enable such person to be
rescued in the event of any danger; and
the work is being carried out under the supervision of a responsible person in such factory.



Prevention of Excess Weight Lift

Lifting excess weights- Section 58

No person shall be employed to lift, carry or move any load so heavy as to be likely to cause injury
to him.
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Protection of Eyes & Ears

Protection of eyes - Section 53

Where any process or operation carried on in any factory involves a special risk of injury to the eyes
of persons employed in such process or operation or to the persons working close to the place where
such process or operation is in progress, there shall be provided suitable eye protection for such
persons.

The Factories (Protection of Eyes) Regulations, 1979
Effective and suitable screens, shields, goggles of spectacles corrected if necessary for
defective vision shall be provided in every factory in which my of the following processes or
operations are carried on, for the protection of persons employed in, or in the immediate
vicinity of, such processes or operations :-
Dry grinding of metals or metal articles by the application of such metal or such articles to a
revolving wheel or disc driven by mechanical power.
Turning (external or internal) of non-ferrous melds, or of cast iron, or of articles of such
metals or such iron and where such work is done dry, even in the case of precision work.
Welding or cutting of metals by means of electrical, oxy-acetylene gas or similar process.
The following processes or operations when carried on by means of hand tools, or other
portable tools that is to say, fettling of metal casting involving the removal of metal or cutting
out or cutting off (not including drilling or punching back) of cold rivets or bolts from boilers or
other planes or from ships, or chipping or scaling of boilers or ship plates, or breaking or
dressing of stone, concrete or sing.
The handling of corrosive liquids.
Processes or operations where persons employed therein are exposed to fumes which
would cause injury or discomfort to the eyes.
Processes where persons are employed in arc-welding oxy-acetylene welding, furnace work
or any other operations where eyes are exposed to glare, flicker or any radiation.
Any other process or operation likely to cause injury to the human eye.

Protection of ears- Section 58A

No person employed in any factory shall be exposed to noise above a prescribed upper limit, unless
such person is provided with suitable ear defenders.









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Prevention of Electric Shock

Precautions to be taken in factories where electricity is generated, transformed,
distributed or used Section 58B

1. In every factory where electrical energy is generated transformed, distributed or used and in
every premises referred to in section 80, every electrical apparatus, fitting and conductor :-

1. shall be of such size and power as would be sufficient for the purpose for which it is
intended; shall be so constructed, installed, protected, worked and maintained as to prevent,
as far as practicable, danger to persons working in the factory

2. shall be so constructed, installed, protected, worked and maintained as to prevent, as far as
practicable, danger to persons working in the factory

3. shall conform to such other requirements as may be prescribed.


2. In respect of factories to which subsection (1) applies, the Minister may in particular make
regulations with regard to the following:-

a) the provision of safety equipment;
b) the manner in which the examination of, and repairs to, electrical apparatus,
c) fittings and equipment are to be carried out;
d) requiring the exhibition of notices warning against danger;
e) the precautions to be taken in the selection and erection of electrical equipment;
f) the fencing and enclosure of equipment;
g) the construction, maintenance and working of transformers and switch houses;
h) the provision of electrical control gear;
i) safety measures to be taken with regard to switch boards;
j) electrical installations in explosive atmospheres;
k) the use of portable electrical hand tools and lights;
l) the earthing of equipment, apparatus and fittings; the laying of bare conductors in buildings;
and the construction and maintenance of overhead service mains and consumers
conductors.


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Responsibilities & Offenses under the Factories
Ordinance

Responsibilities
Duties & Obligations of Employer

Duties and Obligations of Employer

The occupier of the factory who is responsible for ensuring that the provisions of the
ordinance are complied with. He cannot delegate his responsibility to a manager or other agent.
The occupier of a factory as defined under the ordinance means the person who has
the ultimate control over the affairs of the factory and where the control of such
affairs is entrusted to a managing agent includes such managing agent.


Records to be maintained in General Register - Section 92

General register shall be maintained in the factory and the entries must be sent once in
six months to DFIE. The records of certificates under the Factories Ordinance must be
attached to the general register.

Preservation of registers and records - Section 93

The general register and every other register or record kept in pursuance of this Ordinance shall be
preserved and shall be kept available for inspection by any Factory Inspecting Engineer or by the
authorized factory doctor for at least two years, or such other period as may be prescribed for any
class or description of register or record, after the date of the last entry in the register or record.

Prohibition of deduction of wages- Section 96

Save as otherwise expressly provided under this Ordinance, the occupier of a factory shall not in
respect of anything to be done or provided by him in pursuance of this Ordinance, make any
deduction from the sum contracted to be paid by him to any person employed or receive or allow
any person in his employment to receive any payment from any such person.


Duties of the Employees


Duties of the persons employed -Section 95

Any person employed in the factory:-
Shall use the means or appliance provided.
Shall not willfully interfere with or misuse any means appliance, convenience or
other things.
Shall not willfully and without a reasonable cause, do anything likely to
endanger himself and others.
17

Offenses, Penalties and Legal Proceedings
Offenses and Penalties for Non- Compliance - Section 108
In the event of any contravention, in or in connection with or in relation to a factory, of the provisions
of this Ordinance or of any regulation or order made or direction issued thereunder, the occupier, or
(if the contravention is one in respect of which the owner is by or under this Ordinance made
responsible) the owner of the factory shall, subject as hereinafter in this Ordinance provided, be guilty
of an offense.

In the event of a contravention by an employed person of the provisions of part X with respect to
duties of persons employed or of a contravention by any person of any regulation or order made
under this Ordinance which expressly imposes any duty upon him, that person shall be guilty of an
offense and the occupier or owner, as the case may be, shall not be guilty of an offense in respect of
that contravention unless it is proved that he failed to take all reasonable steps to prevent the
contravention

Where an offense under this Ordinance committed by a company is proved to have been committed
with the consent or connivance of, or to have been facilitated by any neglect on the part of, any
director, manager, secretary or other officer of the company, he, as well as the company, shall
be deemed to be guilty of the offense and shall be liable to be proceeded against and punished
accordingly.

Fines for offenses for which no-express penalty provided- Section 109

Subject as hereinafter in this Ordinance provided, any person guilty of an offense under this
Ordinance for which no express penalty is provided by this Ordinance shall be liable:

1. in the case of a first offense, to a fine not less than five thousand rupees;

2. in the case of a second offense (not being an offense in respect of a continuation of an
offense referred to in subsection (2)), to a fine not less than five thousand rupees but
not exceeding twelve thousand five hundred rupees;

3. in the case of a third or subsequent offense (not being an offense in respect of a
continuation of an offense referred to in subsection (2)), to a fine exceeding twelve
thousand five hundred rupees but not exceeding twenty-five thousand rupees.

Where any person convicted of an offense and punished under subsection (1) continues the
contravention in respect of which he was so convicted and punished he shall (subject to the
provisions of section 110) be guilty of a further offense and liable in respect thereof to a fine
not exceeding five hundred rupees for each day on which the contravention was so
continued.

Power of Courts to order causes of contravention to be remedied -Section 110
Where the occupier or owner of a factory is convicted of an offense under this Ordinance, the court
may, in addition to or instead of inflicting a fine, order him, within the time specified in the order, to
take such steps as may be so specified for remedying the matters in respect of which the
18

contravention occurred, and may, on application, enlarge the time so specified; and where such an
order is made, the occupier or owner shall not be liable under this Ordinance in respect of the
continuation of the contravention during the time allowed by the court, but if, after the expiration of
that time as originally specified or enlarged by subsequent order, the order is not complied with, the
occupier or owner, as the case may be, shall be liable to a fine not exceeding five hundred rupees
for each day on which the non-compliance continues.
Fines in case of death or injury- section 111
If any person is killed, or dies, or suffers any bodily injury, in consequence of the occupier or owner
of a factory having contravened any provision of this Ordinance or of any regulation or order made
thereunder, the occupier or owner of the factory shall, without prejudice to any other penalty, be
liable to a fine not exceeding one hundred thousand rupees; and subject to the provisions of
subsection (4) to (9) of section 17 of the Code of Criminal Procedure Act, the whole or any part
of the fine may be applied for the benefit of the injured person or his family death or injury.

Penalty of persons actually committing offense for which occupier is liable- Section
114

Where an act or default for which an occupier or owner is liable under this Ordinance is in fact the
act or default of some agent, servant, worker or other person, that agent, servant, worker or
other person shall be guilty of an offense and liable to the like fine as if he were the occupier or
owner, as the case may be.








19

Health & Safety Policy Implementation

Health & Safety Policy Implementation
In an Construction Organization


For a given organization the order of occupational health and safety of its workforce is
affecting the productivity of that organization. In addition it shows that they are committed to improve
safety and health performance. Thus OH&S policy is considered a key assessment tool in achieving
a higher grading. Thereby Safety and Health Management policy is a key step of planning the
occupational safety and health in a construction organization. This policy initiation should be
developed by the organization's top management with the relevant data collected from all divisions
of organization.

Main elements of safety and health policy

The health and safety policy must contain three main elements in order to implement and
enforce the actions effectively:
Policy
Organization
Arrangements

Policy

The Policy on Occupational Health & Safety is not mere a written statement of philosophy, but it
emphasizes the organizations commitment to ensure the health and safety of its employees is
protected at work. Based on the Policy statement the OH&S objectives are set and then
responsibilities and systems and procedures are distributed to enact health and safety the actions
and measures.

For a fresh organization a professional input is recommended in drafting the OH&S policy. Because
the risk elements and hazards and their magnitude is varied according to the scale of the project
and number of workers employed. If risk elements and hazards have been recorded in the
construction site(s) for some time, it has to be investigated first in preparing the policy measures.
Having investigated and analysed the hazards and safety needs of the workplace, a comprehensive
Occupational Health and Safety statement can be produced. Upon setting the policy, the OH&S
objectives are made. Accordingly responsibilities, authority and resources shall be distributed and
designated for appropriate persons and arrangements can be made to work out to achieve the
levels and standards of OH&S expected form the policy.

Policy Statement the declaration of intent

The general statement of policy is a declaration of intent on the part of the management: it should
contain a commitment to the health and safety of all employees, and reflect the requirements of the
national legislation. The policy should also quote the name and designation of the person
responsible for overall implementation. This person should be a senior executive of the company
and he/she should sign and date it. The policy itself does not need to deal with detailed
arrangements, but can refer out to other formal supporting documents which are kept up-to-date
and subject to internal control measures.


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Occupational Health & Safety Policy the
connectivity
Induction,
Training &
Continuous
Monitoring

Resources, Budget
&
Equipment
Authority
& Responsibility
Management
Intent
& Commitment
Occupational
Health
& Safety Policy


Main elements of an effective Occupational health and safety policy:

OH&S policy should be appropriate to the nature and scale of the organization OH&S risks.
OH&S policy includes commitment to continual improvement.
OH&S policy should be committed to at least comply with current applicable OH&S
legislation and with other requirements to which the organization subscribes.
OH&S policy provides framework for setting and reviewing OH&S objectives.
It should be documented, implemented and monitored.
It should be communicated to all employees with the intent that employees are made aware
of their individual OH&S obligations.
It should be available for interested parties
It should be reviewed periodically to ensure that it remains relevant and appropriate to the
organization.

Objectives Achieving policy expectations

The objectives are the set outcomes of the overall policy. These objectives are enacted by relevant
authorized person(s) in order to keep in line with the policy. So objectives shall be practicable and
measurable.
When establishing and reviewing objectives of enhancing and up-keeping the occupation health and
safety, an organization shall take into account that the legal requirements of H&S risks and other
welfare requirements to which the organization subscribe are included. It shall also consider the
technological options available, financial, operational and business requirements, and the views of
relevant interested parties. You can set the objectives according to SMART theory- where a given
objective should be Specific, Measurable, Achievable, Relevant and Time bound.

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Project
Director
Head
Engineer
Safety
Engineer
Safety Heads
Safety
Supervisor
Site
Engineer(s)
Foreman(s)
Site
Supervisor(s)
Project
Manager
Warehouse
Manager(s)
Storekeeping
Supervisor
Admin
Manager
Site Manager
Housekeeping
Supervisor
The organization shall establish, implement and maintain a program(s) for achieving its objectives.
Program(s) shall include as a minimum:

a) Designation of responsibility and authority granted for a responsible person(s) for achieving
objectives at relevant functions and levels of the organization; and
b) the means and time-frame by which the objectives are to be achieved.

The program (s) shall be reviewed at regular and planned intervals, and adjusted as necessary, to
ensure that the objectives are achieved.

Examples :

Objective 1:- To reduce the lost time accidents by 50% within this year
(Policy expectation - To minimize accidents in the company)

Target: -To reduce the accidents in site A (which is a high rise building site) by 40%

Objective 2 :- To comply with sections relating to main national OH&S law, which is Factories
Ordinance, and to comply with expected changes of OSH law within next year. (Policy
expectation - To comply with national laws)

Target 1.To make alterations to machinery at site A to comply with the requirements of the
Factories Ordinance and its expected changes.
2. New machinery will be purchased only if those conformed to the requirements of the
Factories Ordinance.


Organisation- the formal systems and procedures

The organization for health and safety should reflect the organizational structure and method
of working of the company. Responsibility for health and safety should be given at successive levels
of management, from the top to individual supervisors. Responsibilities should be clearly defined,
and preferably included in job descriptions, to prevent over-lapping and omission.

Sample of organization structure of OH&S Policy Implementation:


















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For a given company it is vital to set an effective organization to implement their OH&S policy in
action. Thereby distributing responsibility and authority and organizing and commencing the
expected actions are set within the organization which is clearly explained and mentioned in the
OH&P itself. For implementation of safety policy, roles and functions of individuals in the
organization must be set according to the levels in organization structure. Roles, responsibilities,
accountability and authority must be set at each level accordingly.


Arrangements what has to be done to implement the policy

The basic arrangements have to provide to implement the OH&S policy objectives under assigned
persons coming under various categories and section. These arrangements are done typically
under two main categories, namely general category where first aid, fire safety, welfare and general
measures of health, safety and welfare comes and the specific category where special actions and
codes of order being practiced in the plant, site or the processes. The typical areas where these
arrangements have to be done are:
Maintenance of plant and machinery
Procedures for storage & transport
Control of radiation, noise, dust, fumes
New machines, material and products
Training, induction and safety information
Written procedures for hazardous jobs
Housekeeping
Protective clothing
Emergency procedures
Consultation procedures
Statutory examination procedures
Collection & analysis of information


Effective Strategies to Implement OH&S Policy :

1. Distribute Responsibility:
Define who is responsible for what? What are the safety and health roles of the line managers
and the safety and health professionals etc.

2. Allocate Budget:
Ensures that appropriate funds are available to allow safety and health requirements are
sufficiently provided. Funds should be available for resources such as firefighting equipment,
training programs on first aid, safety and health in site, safety equipment etc.

3. Grant Authority:
State clearly who has the authority to implement high-impact safety and health procedures and
codes.

4. Training & Induction:
Timely and periodically organize and conduct training programs on first aid, safety and health
practices in site, handling equipment safe, emergency procedures etc.

5. Prepare Emergency & Safety Procedures & Alerts:
First the Management should be alert and informed how to act on safety and health issues.
Thereby prepare what actions are to be taken in a normal working environment as well as in an
emergency situation and keep the management alert and updated to launch actions
immediately.
23


6. Distribute, establish and enforce the duties:
Write down the safety and health duties of every worker to protect themselves and others.

7. Report & Monitor: Report all incidents, unsafe conditions and practices
A system for monitoring the effectiveness of the arrangements and for reviewing safety
performance should be established.

8. Promote & develop policy and objectives and outcome.

Occupational Health and Safety Policy document an example

ICO Engineering and Contracting Company, which is a building construction & contracting
company, is having priority and paramount importance on safety and health of its employees,
contractors, customers, visitors, neighbors and environment. ICO Engineering and Contracting
Company is committed to design, construct, operate and maintain its work environment,
machinery, process and work methods to ensure safety and health. So there OH&S policy looks
like:

ICO Engineering & Contracting Company (Pvt) Ltd.

General Policy of Occupational Health & Safety

The occupational health and safety of all persons employed within the organization and those
visiting the organization is considered to be of the utmost importance. Resources in line with
the importance attached to occupational health and safety will be made available to comply
with all relevant Acts and Regulations and to ensure that the work place is safe and without
risk to health.

1. We are committed to minimize the accidents and also to minimize the work environment
hazards.

2. We are committed to maintain, improve and continual improvement of work environment.

3. We are committed to comply with national occupational safety and health legislations of our
country and also maintain the occupational safety and health requirements of the clients.

4. We are committed to make aware the employees on occupational safety and health matters
pertaining to our organization.

5. We are committed to monitor health hazards in work environment regularly and take
corrective actions accordingly.

6. We are committed to monitor health of the employees regularly.

7. We shall make aware this policy to employees and available for interested parties.

8. We shall review the policy according to the changes within organization.


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Specific Responsibilities:

Managements responsibility:
A) Managers
1. The promotion and maintenance of occupational health and safety is primarily the
responsibility of management. Management at all levels is required to contribute to
the health and safety of all persons in the workplace.

2. Each manager is required to ensure that this policy and the Occupational Safety and
Health programme are effectively implemented in their areas of control, and to support
supervisors and hold them accountable for their specific responsibilities.

B) Supervisors

3. Each first-line supervisor is responsible, and will be held accountable for taking all
practical measures to ensure: that the workplace under their control is safe and without
risks to health; and that the behaviour of all persons in the workplace is safe and without
risks to health.

3.1. the supervisor will always be held accountable for detecting any unsafe or unhealthy
conditions or behaviour or any dangerous occurrence;
3.2. if the supervisor does not have the necessary authority to fix a problem, they will be
held accountable for reporting the matter promptly together with any
recommendations for remedial action to a supervisor or manager who does have the
necessary authority.

4. Managers and Supervisors
The supervisor or manager who has necessary authority will be held accountable for
taking prompt remedial action to eliminate any unsafe or unhealthy conditions or
behaviour or dangerous occurrence.

Employees & Contractors responsibility:

A). Employees
1. Employees are required to cooperate with the OH&S policy and programs to ensure their
own health and safety and the health and safety of others in the workplace.

B).Contractors and Sub-contractors
2. All contractors and sub-contractors engaged to perform work on the organisations
premises or locations are required, as part of their contract, to comply with the
occupational health and safety policies, policies, procedures and programmes of the
organization and to observe directions on health and safety from designated officers of
the organization. Failure to comply or observe a direction will be considered a breach of
the contract and sufficient grounds for termination of the contract.

Occupational Health and Safety Program:

In order to implement the general provisions of this policy, a program of activities and
procedures will be set up, continually updated and effectively carried out. The program will
relate to all aspects of occupational health and safety including:

25

Occupational Safety and Health training and education
Work design, workplace design and standard work methods
Changes to work methods and practice, including those associated with technological
change
Safety rules, including penalties
Emergency procedures and alerts
Provision of Occupational Safety and Health equipment, services and facilities
Workplace inspections and evaluations
Reporting and recording of incidents, accidents, injuries and illnesses, dangerous
occurrences commuting accidents and
Provision of OH&S information & induction to employees
Contractors and sub-contractors evaluation based on OH&S performance



Date:

Managing Director

26

Methods of Hazard Identification
Hazards in Construction Industry


Methods of Hazard identification:

While the construction work was going on there would be vast changes in the situation of site day by
day. Therefore it is evident that the most suitable method to identify hazard is the workplace
observation technique. Daily inspections will influence to identify proper hazards at construction.
According to the observations the existing control measures can be reviewed and make suitable
changes.
Direct observation
Examining records and
Conducting interviews

At the design stage
Consider the major operations, which are likely to injury of workman and also causes for illnesses.
At the design stage it is possible to plan to prevent injuries. At the design stage, all possible hazards
must be identified and then only it is possible to prepare comprehensive documents relating to
contract.
In order to eliminate hazards, a designer must be able to identify that a hazard exists. Hazards that
may be encountered on construction sites may be categorised into three main types. They may be:

a) Health Hazards: Hazards harmful to health;
Eg. Exposed to noise, vibration, asbestos, dust, radiation, etc.,

b) Safety Hazards: Hazards likely to cause personal injury; and
Eg. Working at heights, working in areas where there is a possibility of falling of objects,
exposed to live electrical wires, etc.,

c) Sever Hazards: Hazards likely to lead to catastrophic events
Eg. Outbreak of fires, flooding, premature collapse of structure, collapse of crane, collapse of
tunnels and excavations

The possible control measures must be mentioned for the hazards that may be encountered during
the construction and risk register must be maintained with the identified hazards in design stage.
Contract documents must be prepared at the design stage according to the identified hazards.
Example:
At the design stage in contract documents, it must be mentioned about the legal requirement for
health and safety to be complied. At the design stage in contract documents, it must be mentioned
to provide suitable scaffoldings and it must be mentioned about the periodical test requirements. All
responsibilities for contractors must be included in contract documents including financial
requirement, human resource requirement for safety and monitoring requirements with maintenance
of records.


27

Observation of a Construction Process and Identifying Hazards

Workplace observation techniques
The workplace observation techniques (inspections, audits, walk-through), in which an informed and
trained observer subjectively identifies and record hazards in the workplace. It is an important com-
ponent of a successful safety programme and could involve regular inspections scheduled on a
regular basis, or walk-through on a random basis. The purposes of the workplace observation
techniques are:

Purposes of workplace observation techniques is to
1. identify existing and potential hazards;
2. gain further understanding of jobs and tasks;
3. determine underlying causes of hazards;
4. monitor hazard controls (personal protective equipment, engineering controls, policies,
procedures); and,
5. recommend corrective action.


Likelihood & Severity of a Hazard:

Likelihood- The chance of an event actually occurring

Very Likely - Could happen frequently

Likely - Could happen occasionally

Unlikely - Could happen, but only rarely

Highly Unlikely - Could happen but probably never will

Severity- The consequence of hazard, may be multiple fatal, fatal, serious injuries, injuries,
or diseases.

Catastrophic - Death or permanently disabling injury or illness that would prevent return to
work. This category may also include serious injuries to many people.

Serious - Severe deliberating injury or illness. Such an injury might prevent return to work at
the same job, but would permit return to work at some point.

Moderate - Significant injury or illness requiring more than first aid. Although lost time may
result, the injured party would be able to return to work at the same job within a short period of
time.

Minor - No injury or slight injury requiring no more than first aid. This would mean little or no
lost time.





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Identification of hazards which cannot be eliminated, why and where risk
assessment must be carried out:-

When we record the hazards in a format as mentioned it is possible to identify hazards some of
which could not be eliminated. Risk assessment must be carried out for all significant hazards
identified at design stage and also when the construction phase starts, it must be reviewed
according to the present condition of hazards. Workplace observation technique is very useful to
identify hazards while construction process is going on, as there will be vast changing of the
situations.

Why- While construction is continuing, changing of situation of work or working environment.
Where- While the construction process is going on.

After conducting a risk assessment, it can be identified that some of the hazards which could not be
eliminated due to available resources, technical capabilities and financial capabilities.
Some of the situations where factors beyond the control of management, hence it is not possible to
eliminate hazard. But the situation can be controlled.
In case of weather changes- Rain, Flood, winds etc. -only temporary control measures to certain
extent can be exercised yet it may not be adequate.


Responsibility of identification of hazard with the participation of employees at a
construction site:-

It is important to get the participation of employees while conducting a risk assessment. Employees
are exposed to risk and they well know about the consequences. As such they will be able to apply
practical control measures with adequate protection for them. While participation also their attitudes
could also be changed to considerable extent and they also agreed for control measures thereby
there would be no conflict between employees and employers.

As an evidence for the participation of employees records must be kept with the activities and name
of employees who were participating for those activities.




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Recording of hazards in a suitable format

Suitable Format for recording hazards

Name of the construction site:-
Section of construction site:-
Name of the persons:- Date:-
Description of work:- Wall painting work in a building construction- site-high rise building of 5 floors.
Activity Hazards Severity Likelihood Existing control measures
Painting- working at heights
involved
Possibility of falling
from heights
Fatal or serious injury
(Catastrophic)
Very likely Scaffolding provided
Painting- while working on
the floor or platform
Possibility of falling
of objects
Fatal or serious injury
(Catastrophic)
Very likely Brick guards provided
Waste removal method provided
PPE such as helmets, shoes provided
Painting while walking- Stepping nail and
sharp objects
Foot injury
(Moderate)
Very likely Shoes provided








30


Risk Assessment

Risk assessment is the process of evaluating a hazard to determine the level of action required
to reduce a risk to an acceptable level. When evaluating the risks imposed by a hazard one should
consider both the likelihood and consequences of the event happening. Judging how likely it is that
something will happen or what its potential consequences might be is like predicting the future. Yet a
given incident may not happen the way it is predicted; you can only make a 'best estimate' on the basis
of the information available. In many cases the nature of a hazard is so unpredictable.

Thereby Risk Assessment is very important for a given company where the total productivity,
efficiency and quality of work is highly depending on the safety of the site. More accidents means you
have to encounter unwanted costs and delays and you may not meet the deadlines and it will affect the
overall project outcome. A competent team should conduct a Risk assessment at a very early stage,
probably by the project formulation stage. In this stage you assess the possible, predictable risks that
you may come across during the project and can prepare for by setting up a quality health and safety
setup. At the same time you can employ an insurance policy to recover the costs of compensations.
A risk assessment of the hazards identified in the first step should result in a list of any potential injury
or harm and the likelihood of these occurring. The potential for fatal injury should be considered for
each identified hazard. If hazards are listed they should be in the order of the most to the least serious,
eg. from fatal to minor injury.
In assessing risks, consideration should be given to the state of knowledge about the frequency of
injury or disease, the duration of exposure to injury or disease sources and the likely severity of the
outcomes. Knowledge gained from similar workplaces or similar processes may be relevant to this risk
assessment. Matters to be considered include:
Frequency of injury - how often is the hazard likely to result in an injury or disease?
Duration of exposure - how long is the employee exposed to the hazard?
Outcome - what are the consequences or potential severity of injury?
Assessing these three factors will indicate the probability or likelihood of injury or harm occurring to
workers involved in a particular work process. It also indicates the likely severity of this harm.
Risk assessment requires good judgment and awareness of the potential risks of a work process. Any
person undertaking the risk assessment must have knowledge and experience of the work process.
Risk assessment will be more complicated or difficult if the information or data regarding hazards of a
work process is complete.
In some cases it may be necessary to break down the activity or process into a series of parts and
assess each part separately.
An assessment of the risk will help determine the consequences (potential injury or disease) and assist
to identify methods to reduce the risk.
Risk assessment should include:
assessing the adequacy of training or knowledge required to work safely;
31


looking at the way the jobs are performed;
looking at the way work is organized;
determining the size and layout of the workplace;
assessing the number and movement of all people on the site;
determining the type of operation to be performed;
determining the type of machinery and plant to be used;
examining procedures for an emergency (eg: accident, fire and rescue); and
looking at the storage and handling of all materials and substances.
This step should provide information regarding which employees face an injury or disease risk, how
often, and the potential severity of that injury or disease risk.


Assessing the Risk

There are many methods has been developed to assess a risk in order to find successful ways
& means to minimize its adverse impacts if someone exposed to a risk. At the same time there are so
many criteria involved in assessing a risk. For an example, lets consider an accident that can be
happen in a construction site. Severity/ Fatality, cause of hazard, Likelihood of hazard and the safety
setup are the key factors determine the outcome and its impact of that accident. Thereby those criteria
are assessed in detail:

Severity/Fatality Assessment:

In Severity Assessment (also known as fatality Assessment) two key factors that increase or decrease
the fatality of the accident are assessed:

How fatal/ severe is the accident?
What is the cost of accident? Labour cost, Material cost, Time cost?
Consequences of the accident are the outcome of a risk. So consequence is an incident can be the
measure of the expected severity of that incident. Thereby the consequences of the possible accident
are assessed. When assessing the consequences of an accident, the most severe category one could
reasonably expect to result from that accident should be selected. The consequences of an event can
be categorized as follows:

Catastrophic- Death or permanently disabling injury or illness that would prevent return to normal
work. This category may also include serious injuries if faced by many people.

Serious- Severe deliberating injury or illness. Such an injury might prevent return to work temporary.
Injuries or health issues require hospitalization and long medical treatments comes under this category.

Moderate- Significant injury or illness requiring more than first aid. Although lost time may result, the
injured party would be able to return to work at the same job within a short period of time.

Minor- No injury/property or equipment damage or slight injury requiring no more than first aid. This
would mean little or no time delay.

Impact Rate is a quantitative method to rate a given impact of a risk. According to nature of
encountered risk where it changes according to the scale and nature of the project one can form a
32


Impact rating.

Example:

Impact Outcome Rate
Catastrophic
Death (More than one) C5
Death C4
Permanent injury (More than one) C3
Permanent injury C2
Multiple Serious Injury C1


Hazard Assessment:

Hazard is recognized as anything, an object or a situation, that may incur damage or an injury to
people. In Hazard Assessment there are two key factors assessed:

What was the cause/ hazard that caused the accident?
Is that hazard frequently occurred?

Likelihood is defined as the chance of an event actually occurring. When making an assessment of
likelihood, you must establish which of the following categories most closely describes the likelihood of
the possible hazard or hazardous event may occur:

Very Likely -- Could happen frequently
Likely -- Could happen occasionally
Unlikely -- Could happen, but only rarely
Highly Unlikely -- Could happen but probably never will

When evaluating the likelihood of an accident, a factor that will modify the likelihood category, is
exposure. Exposure is a measure of how often or how long a person is actually exposed to a hazard.
This exposure can be categorized as:
Very Rare -- Once per year or less
Rare -- A few times per year
Unusual -- Once per month
Occasional -- Once per week
Frequent Daily
Continuous Constant

It is a common mistake to place too much emphasis on the mitigating effects of a low exposure level.
Just because a person is not exposed to a hazard very often, it does not always mean that we can take
fewer precautions for that rare hazard. The certainty or likelihood of an accident happening is more
important than how often a person is exposed to a hazard. If the position of the danger adds to the
consequences in the event of an accident happening then the added consequences must be taken into
consideration and the consequence rating to be increased.


33


Risk & Hazard Assessment: An Example:

A power hoist is a common machine in a construction site. This hoist can operate up to four stories 50
feet. The hoist has a rotating flywheel connected to a motor operated with two gears and two pulleys
are operating at once with heavy duty hooks that pull brick loads, steel and other material loads up.
Two hooks are welded to two separate heavy duty chains. Hoist trunk is a steel structure welded with
iron bars.

The design of the hoist is that the swing during lifting up. In an unexpected swing may lean a load,
probably a brick load though it is lifted in a custom made wooden cage, a brick can be fell down. If at
this point a worker is exposed for material fall, the normal result is a severe crush or fatal injury. The
workers would expect to wear their safety helmets in the danger zone for throughout the time they work
nearby. There are no guards or covers that can prevent the material fall from hoist once a swing or a
shake has developed while lifting material load. Good maintenance & caution will reduce the number of
key hazards could happening but can never eliminate them totally.
For this example let us assume that maintenance has reduced the risk of the material fall from the hoist
to once in 10,000 operations. (This is not an unrealistic figure). At first glance it seems we need do
nothing further to reduce the risk. Closer examination will reveal that operators of hoist often exceed 08
operations per hour. Using 08 operations per hour for this example and 1 fault every 10,000 operations
we find that:
08 operations/hour x 8hrs/day x 5days/week x (n)weeks = 10,000 operations.

This indicates that any worker in site is at risk of facing an accident of material fall every 31.25 weeks.
The exposure to risk is 'very rare' however the 'likelihood' of the accident happening is almost certain if
the safety measure are not tighten. Control measures must be put in place to reduce the likelihood of
this accident occurring because it is unacceptable for an organization to have a serious accident once
in every 7 months.

The location of a hazard can affect the likelihood of the accident happening. For example, if the hoist is
built up adjacent to a walkway where worker could easily come into contact with the material falls would
have a higher likelihood rating than if the same hoist is located in a location where frequent movement
is discouraged.
When we assess 'likelihood' it should be remembered we are only assessing the possibility of an
accident happening. As part of our assessment of likelihood we must take into consideration how often
and for how long a person is at risk, however this is of lesser importance than the certainty of an
accident occurring.


Safety Assessment

The next step of the risk assessment is assessing the safety setup of the site. Here it is investigated
(since it is at the initial stage of the project, perhaps only preliminary works have taken yet) what are the
possible preventive measures or methods to:
1. Avoid hazard
2. Avoid vulnerability
3. Minimize the vulnerability
4. Minimize the risk

34


First place it is investigated whether a given hazard can be avoided in the project run. There are
many hazards that can avoid if the precautions and skilled labour are used for specilaised processes.
Then on the remaining possible hazards it is tried to avoid the vulnerability getting exposed to that
hazard. Many cases it can be worked out if proper site supervision and induction is given. If still one
cannot avoid the vulnerability then minimizing measures should be taken. Since construction is highly
depend on human labour and workers behavior is highly unpredictable, still there can be risks and
accidents though sufficient induction, training, supervision and safety gears are given. So it is also
important to implement measures to minimize the impact of the risk given the likelihood of a hazard id
reportedly high. Risk Assessment can be a key outcome of implementing the OH&S policy in the
company. Once the Risk assessment is conducted, it can be easily set the safety measures and
standards and safety inspection during the project. At the same time since possible outcome of
accidents are predicted and safety measures are adopted the insurance against unforeseen accidents
can be claimed and cost overruns can be minimized due OH&S issues.
35



Format for Hazard Identification & Risk Assessment

Examples: Painting work


Name of the construction site:
Section of the construction site:-
Name of persons:- Date:-
Description of work:- Wall painting work in a building construction- site-high rise building of 5 floors.
Activity Hazard Severity
Likely
hood
Risk
rating
Priority Control measures Whom When Done
Review
Date
Working at
height
more than
10 feet on
a floor
Possibility
of falling
from
heights
Fatal injury
(Catastrophic)
4
Likely
L4


High
16LC
Provide fencing around
the floor

Working
on a
scaffolding
Possibility
of collapse
of
scaffolding
Fatal injuries to
more than one
person
C 4
Likely
L 4
High
16LC
Load rating must be
checked by supervisor


Possibility
of falling
objects
Fatal and
serious injuries
C4 Likely
L 4
High
16LC
1.Provide safety helmets
2. Toe guard must be
provided
3. Waste material removal
method must be applied


Walking Possibility
of slip and
fall
Fatal and
serious injuries
C4
Likely

L 4
High
16LC
1.Provide safety shoes
2. Good House keeping
3. Provide safe work path

Stepping on
nails and
sharp
objects
Foot injuries
Moderate
M 2
Likely
L 4
Medium
8ML

1.Provide safety shoes
2. Good House keeping
3. Provide safe work path

Painting Possibility
Eye injury
Eye injury
Moderate
M2
Likely
L4
Medium
8LM
1. Use of safety goggles
36


Painting Possibility
of injury to
skin
Skin injury
Moderate
M2
Likely
L4
Medium
8LM
Use of overall with long
sleeves
Gloves must be provided

Possibility
of exposure
to dust
May cause
silicosis or
pneumoconiosi
s
Moderate M2
Likely
L4
Medium
8LM
Provide suitable masks
Possibility
of exposure
to
hazardous
substance
May cause
injuries and
illnesses
Moderate M2
Likely
L4
Medium
8LM
Provide suitable masks
and gloves


Example2 :Scaffolding Erectors

Name of the construction site:
Section of the construction site:-
Name of persons:- Date:-
Description of work:- Erecting scaffoldings- site-high rise building of 3 floors.
Activity Hazard Severity
Likely
hood
Risk
rating
Priority Control measures Whom When Done
Review
Date
Manual
handling
Workers
could suffer
from back
injury
Moderate
M 2
Likely
L 4
Medium
ML 8
Use of lifting machinery
such as chain blocks,
cranes.

Working at
heights
while
erecting
scaffolding
Possibility
of falling
from height
Fatal injury
Catastrophic

C 4
Likely
L4
High

CL 8
Provide bucket lifter/aerial
lifter







37


Methods of Risk Assessment

Risk Assessment (RA) is a key input for ensuring the Occupational Health & Safety (OH&S) in both
construction and manufacturing industries. Serious accidents and health issues can seriously affect the
progress and final output of any project. at the same time a given project cannot be expected an
accident free project where to a certain degree some hazards and vulnerability cannot be avoided or
minimized, yet many common hazards are often found cause accidents. This raises the concerns of
safety. Safety inspection is one critical control measure to detect and control hazards, yet conduction a
risk assessment though it is relatively difficult task, provides possible projections of worksite accidents,
so safety inspection can be better planned and implemented.

There are several methods have been developed for the risk assessment. Both Qualitative and
Quantitative methods are available for risk assessment. Some methods are as follows:


Risk Assessment Method 1: Likelihood-Consequence Matrix

This is a Semi quantitative RA method which considers the likelihood of a given hazard and the
consequences. Take this example of driving a car. Any person can get in a car accident in a given time.
So the Risk of being fell in an accident to be assessed. Then with that RA, safe driving practices, traffic
control measures etc, can be exercised to avoid or minimize the road accidents.

First the possible hazard(s), the vulnerability and the possible risk(s) that can occur during driving a
vehicle are recognized. See following table:



Every recognized hazard is then assessed one at a time. With the available data the likelihood of that
hazard is measured and rated. Again with the available data the consequence or the impact of that
hazard is measured and rated. Then both rates are put in a matrix:





Hazard

Vulnerability Risk
Driving in High Speed

Getting hit by another vehicle Car Accident
Vehicle can be skipped/ uncontrollable Car Accident
Vehicle can be hit in a road barrier, a street wall, a
lamp post etc.
Car Accident
Driving Carelessly/ Drunken
Getting hit by another vehicle Car Accident
Hitting a pedestrian Car Accident
Vehicle can be skipped/ uncontrollable Car Accident
38




According to the statistical data it is highly unlikely that we will have a car accident and the worst
consequence would be a fatality- a catastrophic accident. According to the matrix above we can see
that the risk is in the medium range which means that we can make efforts to reduce the risk of this
kind of accidents by means such as driver training, road management and vehicle design.

If we consider the likelihood and the consequences of this accident, events or situations assessed as
very likely (that means that accident can happen so frequently) with catastrophic consequences are the
most serious (HIGH risk) events. Those assessed as highly unlikely with minor injuries are the least
serious (LOW risk) events. When developing risk control strategies, any item with a high rating should
be addressed first. Using the above matrix we can develop a list of hazards with highly rated hazards at
the top of the list. Every possible hazard, in other words every common hazard is to be taken into
consideration. Once the risk is identified with this risk rating matrix then Safety Management is
expected to make safety measures to either minimize hazard, vulnerability or both with applicable
measure(s). Safety Inspection & Induction procedures, guidelines and processes can be planned
accordingly.


Risk Assessment Method 2: Risk Score Calculators

This is a Quantitative RA method. The risk of a given hazard is can be an equation of:

Risk = Exposure x Probability x Consequences

So if we can score the each factor we can calculate the risk score for a given hazard. Then by
comparing the scores of the hazards, the risk(s) can be weigh & prioritize. Accordingly Risk Mitigation
or control measures can be planed and worked out.

Step 01: Scoring the Exposure:

First, the level of exposure to a given hazard to be recognized. That exposure can be continuous,
frequent, occasional, usual, rare, and very rare. Then exposure is scored. Following equation is
used to score the exposure of a given hazard:

Exposure = Number of employees exposed x rating
Risk
Facing an accident by hitting another vehicle at driving in high speed
Likelihood
Consequences
Catastrophic Serious Moderate Minor
Very Likely
High High High Medium
Likely High High Medium Medium
Unlikely High Medium Medium Low
Highly unlikely Medium Medium Low Low
39




Step 02: Scoring the Vulnerability/ Probability:

Here the vulnerability of that hazard is scored in terms of probability how many chances/ opportunities
you may have to face the given hazard. exposure to a given hazard to be recognized. That vulnerability
can be either most likely, quite possible, unusual, remote or practically impossible in terms of
probability of occurrence. Then the probability is scored. Following equation is used to score the
probability:

Probability= Number of employees exposed x rating

40



Step 03: Scoring the Consequence(s):

Here the consequence(s) of that hazard is scored. That consequence(s) can be a catastrophic,
multiple fatal, fatal incident or a serious injury, disabling injury or minor injury. Then the
consequence(s) is scored. Following equation is used to score the probability:

Consequence(s)= Number of employees exposed x rating






















Step 04: Calculating Total Score:

All scores of Exposure, Probability (of vulnerability) and the Consequences are multiplied to calculate
the Risk Score:

Risk Sore = E x P x C

Hazard Exposure Probability Consequence Risk Score
Hazard A 80 40 140 448000000
Hazard B 30 60 70 126000000
Hazard C 52 86 230 1028560000




41


Risk Control

When a risk assessment has identified a hazard as having unacceptable risks, which means
the risks that would cause health and safety threats, serious damages to both manpower and project
progression, yet those we can control or minimize, we have to adopt and implement control
measures to eliminate the risk or reduce the risk to an acceptable level. What is accepted as safe is
not constant or absolute. There can be s a situation or an incident that surpasses the expected level of
safety. This is the reason where a fixed or uniform format for OH&S is not practical. Thereby at the
organizational level many organizations establish what level of safety and health is acceptable for their
domain. Only the public organizations set and establish the OH&S measures, controls and standards
that everyone can agree on a uniform level of safety.

The level of risk we find acceptable is often open to debate. The standards required by any
given activity are not constant and usually change according to its location, scale of the activity and
amount of resources being employed. Standards may vary from industry to industry and are influenced
by various safety regulations, current knowledge and experience of risks encountered and by who is
paying for the risk reduction.

What is Risk Control?

People would like to be free from risks, however every activity has some risk(s) attached. Either
if you do it in a wrong way or unsafely you or another person using it next time will face a threat. At the
same time an external factor will cause you damage unless you prepared for it.
Any substantial measure that can practically execute and continue that will avoid or at
least minimizes the severity of a possible threat to safety and health is recognized as a risk control
measure. This can be a methodical, procedural and behavioral measure which is referred as Domains
of Risk Controls.

Example:















Now the fire is
protected with a
fence so it will
avoid or
minimize the
possible threat
of someone
getting too
closer to the fire
A bare fire is a
hazard where is
someone is
directly exposed
42


Risk Control Measures

1. Methodical Measures:

Here, you can control or minimize the impact by introducing a safe method(s) when dealing with a
particular hazard. For an example live exposure to the high voltage electricity is a serious hazard that
can bring a severe or catastrophic outcome where it is so likely. So dealing with high voltage electricity
needs special arrangements and precautions. The electricians should fully equipped with al required
safety gears such that safety glove, helmet, coverall, boots etc. At the same time there are new hi-tech
equipment to deal with live electrical objects. So these measures notably tools and equipment are a
type of methodical risk control measures.

At the same time, one can restrict the contact with high voltage live electricity by providing sufficient
coating in transmission lines, fencing or confining the high voltage equipment. These exposure
preventive methods are another type of methodical risk control measures.

2. Procedural Measures:

There are situations, given the safety equipment and tools, even the skilled workers face accidents.
Many such cases are because of carelessness and not following the given procedures to handle
equipment and tools. Thereby when dealing with high voltage electricity, hazards materials like
asbestos, when operating equipment such as hoists & cranes, and when working at dangerous
locations such as confined spaces and working at very highs, a number of safety procedures to follow.
These procedures and guidelines are monitored and inspected often to enforce and make necessary
updates. These measures are referred as the procedural risk control measures.

3. Behavioral Measures:

There are practices and ways where people following that will become so dangers in many
occasions. For an example a skilled electrician is working very carelessly and a driver drives drunken
transports a load of rocks. In these both situations the safety equipment, road signs or any other
procedure will not control any possible accident. In both cases not only the impact is severe but can be
multi fatal! The root is then the attitude and the behavior. The induction gives all safety standards and
regulations (abided by the law) and worksite procedures being practiced. Yet sufficient training should
be given for attitude and behavioral development on OH&S. For an example attitude change is more
effective on drunken drive, rather than imposing more penalties on the road. At the same time the
attitude of responsible behavior and handling will be the most effective safety measure for a given
activity notably the construction works.

Both methodical, procedural and behavioral measures can work together to come with a sound risk
control system.





43


Hierarchy of control

Risk Control measures can be categorized according to the effectiveness of the control, where the most
effective risk controller is listed at the top and this is collectively known as a 'hierarchy of control'.
When selecting appropriate measures to control a risk it is highly recommended to select a highly
effective control measure that is practicable. Thereby depending on the practicability the selection risk
control measure can be varied yet it does not suffice as the best available choice of risk control. The
hierarchy of Risk Control list usually comprises:
Elimination
Substitution
Separation/ Isolation
Procedural/ Administrative Controls
Personal protective equipment

This list may be customized according to the nature and the scale of construction work involved.
1. Elimination
The most satisfactory method of dealing with a hazard is to eliminate it. Once the hazard has been
eliminated the potential for harm has gone.

Example:
1. If many accidents happening in the site due to permission of vehicles entry, vehicles will not
be allowed to enter the site and will be stopped at the gate. By this simple way we have
eliminated the hazard.
2. Use of metal crushers inside the site generates a huge dust inside the premises that can
bring reparative problems for many workers. As an alternative metal crushers can be
established off-site or in a near-site location where people engaged in metal crushing can be
given better breathing apertures. By this simple way we have eliminated the hazard in the
site at the same time more cost-effective rather that giving all workers dust covers.

2. Substitution
This involves substituting a dangerous process or substance with one that is not that dangerous. This is
a successful option available for dangerous materials. Substitution can avoid or minimizes the risk, but
sometimes this may not be as satisfactory as elimination because there may still be a risk (even if it is
reduced).

Example:
Many chemicals can be substituted for other safer chemicals, which perform in the same manner
but do not have the same dangers or possible danger is ceased. Example: water based paints rather
than those that contain lead. In many cases there are limited options available to go for substitutions
because of resource constraints. But whenever it is possible substitution should be adopted because
there are many hazards that cannot be avoided.
3. Separation or Isolation
Separate or isolate the hazard from people. This method has its limitations where the separation and
isolation is not fixed or permanent. Once the isolation or seperative measure fails the hazard has re-
emerged.
44



Example:
A hoist that pulls heavy materials, bricks and steel rods is very hazards where the material fall is
very likely. At the same time no works has permitted in the area while hoist in operation and nobody is
permitted to enter that area. This simple rule can avoid the possible risk. Yet if someone mistakenly
goes this area he is at risk. Avoiding movement in hazardous areas in a busy site is sometimes is
practically difficult.
4. Procedural/ Administration control
Administrative solutions usually involve modification of the likelihood of an accident happening. This
can be done by reducing the number of people exposed to the danger and providing training to those
people who are exposed to the hazard.

Example:
The dangers of high voltage electricity are very high and only trained and competent electricians
are allowed to work on electrical equipment. Though the electrician is still at risk, but their training is
such that the risks are reduced to an acceptable level.

Administrative solutions also include danger signs, and written systems of work such as those for
working in confined spaces and lock out procedures.

5. Personal Protective Controls

Provision of personal protective controls involves mainly the provision of safety equipment. This should
only be considered when all other control methods are impractical, or to increase control when used
with another method higher up in the Hierarchy of Control.

Example:
To remove the possibility of a person getting injured in a worksite that has a temporary
arrangement to handle cutters and other type of equipment, would be impracticable, as it is difficult to
secure every movable object large enough to make a damage if it fell on a person's foot or if he touches
a sharp blade mistakenly. The practicable solution is to provide every person at risk with safety gears
notably hand gloves, footwear, eye guards etc.

The above controls are not mutually exclusive; several risk control measures in the hierarchy may
needed to obtain the expected level of Safety.



45


Safety &Health Plan

The principal contractor of a given project has to produce a construction health and safety plan at the
phase, outlining the key arrangements to ensure that the construction works are carried out safely. The
client should not allow work to start on site until there is an adequate OH&S plan is prepared. In this
OH&S plan the significant risks has been identified and control measures suggested.


Example : Arrangements for controlling significant site risks
Safety Risk Controls
Safe demolition.
Delivery and removal of materials (including waste) and work equipment, taking account of any
risks to the public, e.g. during access to or egress from the site.
Services, including temporary electrical installations.
Preventing falls.
Prevent hazards and accidents in working with or near fragile materials.
Control of lifting operations.
Supplying infrastructure services with acceptable standards (water, electricity, gas,
communications cabling, etc.).
Frequent maintenance of plant and equipment.
Controlling poor ground conditions or contaminated grounds.
Applying standard safety measures in works carried out in confined spaces.
Safety & Health Plan
Identifying possible risks
Assessing
Suggesting Risk control measures
Risk control applications
Execution
Feed Back
46


Managing temporary works.
Safe storage of materials (particularly hazardous materials) and work equipment.
Carefully dealing with existing unstable structures.
Controlling operations to avoid or minimize the disturbance(s) to adjacent land use(s).
Consider the off-site safety hazards and risks.

Health Risk Controls
Apply the safety methods in removing hazardous substances: i.e: asbestos.
Apply the safety methods and measures in working in hazardous or dangerous spaces/sites: i.e.
Shifting plan in working in contaminated spaces.
Prepare control measures and guidelines for manual handling of materials and equipment.
Apply and control noise and vibration reduction measures.
Any other significant health risk: i.e. personal cleanliness and health practices.