Lecture 2 - Health and Safety

Lecture 2 - Health and Safety

Health and safety is an important topic and is dealt with in a separate course module - Health, Safety and Hygiene in the Workplace (FLS07).

In the past health and safety in the office was not given its due importance, primarily because the situation in factories was so dismal that the attention of the authorities was drawn towards areas with the bleakest conditions. Malta now has an Occupational Health and Safety (Promotion) Act which is intended to cover all employees. The Act was enacted in 1994.

What are the aims of the Act?

The main aim of the Act is to promote health and safety at the place of work. The Act -

generally defines the duties of the employer,
provides for the setup of a Commission for the Promotion of Occupational Health and Safety
allows the Minister responsible for Labour to appoint inspectors with wide enforcement powers.

What are the duties of the employer?

The duties are contained in Section 8 of the Act.

8. (1) It shall be the duty in general of an employer to ensure that all reasonable measures and precautions have been taken -

(a) to render every place of work under his control free from all dangers to health and safety, so far as reasonably practical;

(b) so that the work environment in work places under his control is reasonably favourable to health and free from avoidable physical or psychological stress;

(d) to provide facilities at the place of work for first aid in case of accident or injury; and

(e) inform every worker therein about the dangers to health and safety in the workplace and about the best methods of prevention.

In addition to these duties the employer is required, by law, to inform the Director of Labour of any industrial accident or injury, or of any work-connected disease at the place of work. A record of all such accidents must also be kept.

How is the law enforced?

It is the role of the executive police to ensure that the law is upheld. However the Act also provides for the appointment of Inspectors to assist in the implementation and enforcement of the Act. Inspectors may, amongst other things -

enter the workplace without previous notice
question any employee or manager
inspect documents which may be important in the investigation of a breach of health and safety
examine equipment and take samples of materials for further examination
order that that a place of work be barred

What are the penalties for an employer who breaches the Act?

The penalties contemplated for an offence against the Act include imprisonment.

17. (2) Any person who commits an offence against this Act shall, on conviction, be liable to imprisonment for a period of not more than two years or to a fine (multa) of not more than two thousand Maltese liri, or to both such fine and imprisonment; and moreover the court may, at the request of the prosecution, cancel all or specific licences, warrants or permits issued to or in the name of the person found guilty in connection with the place of work where the offence was committed.

What are the recent developments in this area?

The European Union has issued directives to its member states aimed at ensuring a minimum standard of health and safety. These are being integrated into our own legal framework.

Council Directive 89/391

One of the key features of Council Directive 89/391/EEC is that of the provision of protective and preventive services. The employer is required to -

(a) designate members of staff "to carry out activities related to the protection and prevention of occupational risks for the undertaking and/or establishment" (Article 7(1)).

(b) consult employees and/or their representatives and allow them to participate in discussions on all questions relating to safety and health at work. (Article 11(1))

In terms of Article 8, the employer must also -

take the necessary measures for first aid, fire-fighting and evacuation of workers.
arrange necessary contacts with external services, especially those providing first aid, emergency medical care, rescue work and fire-fighting.
provide adequate personnel, training and equipment, taking into account the size and/or specific hazards of the establishme nt.

Council Directive 92/85

This Directive instructs member states to implement measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or who are breastfeeding.

These are some of the measures that have to be taken:

Pregnant workers or workers who are breastfeeding cannot be -
exposed to certain physical, biological and chemical agents
obliged to work night shifts
Maternity leave and other rights, including prohibition of dismissal, must also be guaranteed.

How can we provide a safe office environment?

The following is a list of suggestions for office workers to help to make their places of work safer for all:

Gangways between desks should not be blocked with boxes, files or wastebins.
Fire exits must be kept clear.
Filing cabinet drawers must be closed after use - it's easy to trip over an open bottom drawer.
Smouldering cigarette ends are one of the main causes of fire and smokers should observe non-smoking rules.
Electrical appliances (including computers) must be unplugged and switched off at the end of each working day.
Adaptors and trailing wires are dangerous and should be avoided. Any faulty electrical equipment must be repaired by a competent electrician. All electrical equipment (including the office kettle) must be regularly inspected.
Tops of high cupboards should not be stacked with files and boxes.
Torn or frayed floorcovering should be reported to a supervisor and then barricaded off until it has been repaired.
First-aid boxes must be clearly displayed. A regular inspection should be made to ensure that any contents used are replaced frequently.
Electric fires, fans and guillotines must always be guarded.
All employees should be familiar with the use of fire extinguishers and know the firm's fire drill - fire drills are usually carried out regularly in most firms.
Any cupboards containing valuables, and filing cabinets with confidential documents, should be locked at the end of the day. Office doors should be locked and windows firmly secured when the day's work is ended.

Source: Foster T, Office Skills, Stanley Thornes, p. 17-18