Managing health and safety at work

Bad news, such as accidents, wars, crime, AIDS, SARS and other problems, generates people's interest and stimulates curiosity more than positive and happy events.

One may assume that a positive aspect of this is that this could help increase awareness of the importance of safety at work. This line of thought could also be assumed for road and traffic accidents, where publicity may help to make our roads safer.

But despite the fact that accidents are given top coverage, accidents at the place of work and on the roads occur every week and in all countries.

Reminding your employees about some recent accident is just not enough. Much more is required to have safer places of work. Nevertheless, the public have a right to know about such matters and be informed about what happens locally and globally.

Public interest

It is interesting and commendable that the Occupational Health and Safety Act (Act XXVII of 2000) itself declares that "the protection of occupational health and safety is to be considered of public interest." This declaration of principle can be found in Part II Section 4 (1) of this Act.

Thanks to the Occupational Health and Safety Authority (OHSA), education, propagation of information and the promotion of health and safety at the place of work are being given more importance. The OHSA also acknowledges and promotes that the costs that one may have to pay when health and safety (H&S) is ignored, could be very high.

Apart from the human costs, such as pain, suffering, misery and hardships to the victims and their loved ones, there is also very real financial costs to pay. Therefore, if the prospects of such grief brought about by accidents would not instigate taking H&S more seriously, then think of all the other repercussions that can follow an accident or ill-health at the place of work.

Workplace accidents and work-related ill-health may result in a number of direct and obvious costs, which some argue could be more or less insured. But do not be disillusioned - there is also a multitude of incidental (or indirect) costs, which together with the more direct and obvious costs could have very serious repercussions on the financial and economic position of any organisation.

To mention some of the costs to the employer, one can point out the wages paid to sick or injured employees; lost time and hence money due to work stoppages and business interruptions; increased overtime costs to catch up with disrupted schedules; bad publicity; low worker morale; bad industrial relations; increased insurance costs; high job turnover; costs of enquires and investigations; costs of criminal prosecutions and of civil litigations, and so on. The list is very long and the repercussions can be very high in financial terms, eating a sizable part of the profits, if not crippling or even ruinous.

It is often said nowadays that if you think that health and safety is expensive, then try an accident. The fact that you never had an accident does not mean that you will never have one or that you do not need to improve your H&S performance. Insurance can cover some expenses but many indirect or incidental costs are borne by you, the employer and the employee.

If you are an employer, ask yourself:

How easy it is to replace a 'key' worker, a trained employee or a dedicated member of your staff, even if for a short period?

Who will compensate for the lost service, expertise or experience of these people when you lose their service even if for some time?

Who will pay for the lost time and work stoppages due to accidents?

Who will pay for the service not rendered to clients due to accidents and work stoppages?

Who will pay for the lower production due to low morale or due to high job turnover problems brought about by the lack of control in health and safety matters at the place of work?

What would you do to turn back the clock and take measures to prevent an accident which left you crippled, maimed or financially and emotionally shattered?

What would you have done to avoid criminal prosecution or civil action against you, which resulted from an accident at your place of work?

Fate or fallacy

Although accidents can happen to everyone, we can do a lot to prevent them. It is still a common mistaken belief to think that accidents 'just happen', but as have been proved many times, they are caused. It is still widely believed that it is fate that determines an outcome such as accidents. The irony is that leaving it all to fate or to chance, could be in itself writing your own (or someone else's) undesired destiny.

The fact that you always got away with it does not mean that you always will. Taking short cuts or cutting corners to save some time, trouble or money could be a short cut to an accident. That's a good way of writing your own unfortunate fate.

Besides, the fact that you always got away with it can encourage you to take more chances. That is one way how unsafe practices become accepted and integrated in work practices. The fact that you never had an accident could be enough to encourage you to habitually take unnecessary risks.

The way ahead is by adequately managing and controlling risks at the place of work. In other words, by honouring legal obligations. This could not only avoid prosecutions and reduce costs, but could also aid in maintaining a safer and more efficient workplace.

Being proactive is the best approach. Being pro-active means that you have to act before the event, before you have an accident at your place of work. Preventing work-related ill-health could be more difficult because the association between work and ill-health is often not recognised. Nonetheless on many occasions work-related ill-health is also preventable.

The Robens Report and risk control

Malta, like many other countries, has H&S legislation originating from a report on H&S at work prepared by a committee (1970-72) in the United Kingdom under the chairmanship of Lord Robens. This report is commonly referred to as the Robens Report.

An important declaration by this committee which led to a modern approach in H&S legislation is that "those who create the risks should have the responsibility for overcoming those risks". Hence, the duty to establish through risk assessments, whether or not risks are properly managed and controlled at the place of work. Occupational H&S legislation puts this responsibility on the employer.

This is probably the single most important obligation put on employers, which is intended to overcome the risks as well as reduce accidents and ill-health at places of work. There is no doubt that risk assessment is the foundation on which employers are to build a healthy and safer workplace.

This obligation in our occupational health and safety legislation is enshrined in Section 6 of the Occu-pational Health and Safety Act. Furthermore, Regulation 10 of the General Provisions for Health and Safety at Work Places, Regulations, 2003 (L.N. 36 of 2003), also requires employers to carry out risk assessments at their places of work, and lays down the legal framework for this provision.

There are also other legal notices which require that risks are evaluated and controlled. To mention a few one can recall the Protection of Maternity at Workplaces, Regulations, 2000, Protection of Young Persons at Workplaces Regulations, 2000, Protection against Risk of Back Injury at Work Places Regulations, 2003.

The OHSA's publication L-Eval-wazzjoni tar-Riskju fil-Postijiet tax-Xoghol can be very instrumental in guiding employers on risk assessments, especially employers in the commercial sector, services and light industries.

More information regarding H&S, risk assessments and occupational health and safety legislation can be obtained from the OHSA, or may be downloaded from the OHSA Website after following the links from www.education.gov.mt/default.asp

Health and safety policy

All aspects of a business cannot be managed properly without order. This also applies to the H&S aspect of the business, where a H&S policy is considered as an organisation's plan for proper H&S management. An H&S policy is also the basis on which employers manage and control risks at their place of work.

It is a legal requirement for employers to safeguard H&S and to make arrangements to plan, organise, monitor and have the control of the preventive and protective measures at the place of work.

Regulation 4 (2) of the General Provisions for Health and Safety at Work Places, Regulations, 2003 (L.N. 36 of 2003), states that:

"An employer shall make such appropriate arrangements for the effective planning, organisation, control, monitoring and review of the preventive and protective measures, taking into consideration the nature of the activities and the size of the undertaking."

But what makes a good health and safety policy?

An H&S policy has to relate to the place of work for which it is intended. It must not be just a cosmetic or voluminous document that some technocrat prepared for your organisation without going into the detail of the operation and running of the orgnisation. It should not be longer than it needs to be, but must declare clearly how H&S is going to be managed.

It must not be unnecessarily complicated, but as 'simple' as possible. To be effective, it ought to be practical and workable, where its procedures must be communicated to all employees. If employees are not made aware of the H&S policy, it cannot be effective but will be just a wasted effort and only a piece of paper.

It is well established that the three main elements of an H&S policy are as outlined below:

1. Statement of intent

In short, the statement of intent is a declaration of commitment towards H&S by the top persons of an organisation. It is clearly stating what is generally intended to be done to achieve this aim.

An H&S policy starts by making a statement of intent which declares clearly and without ambiguity the organisation's commitment towards H&S. Such a statement should be signed by one or more of the top personnel of the organisation, such as the owner, the chief executive and the managing director.

The aim of this statement is to inform all employees that the organisation is clearly committed (from the very top) towards a positive H&S culture, and that it expects all employees (including the least) to co-operate and strive towards this end.

An example of a statement of intent could make reference to:

the organisation's intentions to safeguard the H&S of all employees and any third parties;

the upkeep of a healthy and safe environment;

the commitment towards high H&S standards;

the compliance with all relevant regulations;

the belief that employees are the most important resources of the organisation;

the belief in consultation with workers;

the expectation of full co-operation on H&S matters from all employees.

Lip service and empty words will only harm credibility. It is important to declare what you mean and mean what you declare.

2. Organisational means for implementing policy

This part of the policy will state who is responsible and for what on matters related to H&S. Who reports to whom? Who takes decisions? Who implements decisions? Who monitors implementation? Although all employees to some extent are responsible for H&S, delegated personnel should be clearly identified.

The duties and responsibilities towards H&S of these persons must be clearly conveyed to the employees, showing particularly who is ultimately responsible for H&S. Thus H&S accountability must be displayed. Apart from other particular roles and responsibilities, there could be specified who is responsible for:

the H&S of any particular department, activity or section;

training and education;

giving advice;

accident/near miss reporting, investigating and recording;

keeping an eye on the observance with the provisions of the H&S policy;

ensuring that all legal requirements, company rules, codes of practice and standing orders related to H&S are complied with.

3. Practical arrangements for implementing policy

This part of the policy which will probably be the longer will outline how the policy is to be implemented. Among other things there could be reference to H&S related procedures on how:

responsibilities and duties are to be carried out;

complaints are to be reported, investigated and acted upon;

hazards are to be reported and acted upon;

accidents/near misses are to be reported, investigated and recorded;

consultation with the workers or the workers' health and safety representatives is to be conducted;

Getting started

Do not just remind others of some recent accident and expect them to work safely. Do not leave it all to chance or fate, or to disorganised control. Do not become a sad statistic. Do not, through inaction or apathy, contribute to the evening's negative news stories. H&S cannot be treated as an optional extra, which might or might not be considered.

The first step is always the most difficult. Do not be put off by the extent of the task. Apart from being a legal requirement, H&S management can save a great deal of trouble, grief and even money. Seek information and if necessary take advice. Know your duties and be aware of existing and relevant H&S regulations.

A distinguishing feature of organisations that properly manages H&S is that they enjoy a smoother running of business. A good accident record or an improvement in the accident record can only be attained through proper H&S management and risk control. Such organisations are more likely to benefit from the absence or reduction of injuries and ill-health because they have H&S risks better controlled. In other words, they control their own fate.