Chemical Safety in Asia: Law and PracticeChapter 5Occupational and Chemical Safety and Health: |
Legislation in chemical safety, a currently outstanding issue in occupational safety and health, is at present in an evolutionary phase in most Asian countries. This is accompanied by a considerable increase in the production and use of new and complex chemicals with varying degrees of toxicities. The type and content of legislation to control emerging hazards differs from one country to another depending on the differences in the degree of industrialization, the work related practices, size of the country and its geography. In industrialized countries emphasis is placed on the control of production, marketing and testing of chemicals, while in developing countries more emphasis is placed on the import, use and handling of chemicals. The major problems created by some chemicals have compelled a number of countries to enact legislation specific to certain chemicals or groups of chemicals.
Information regarding laws, practices and trends concerning occupational safety and health including chemical safety and the prevention of major industrial accidents in various Asian countries have been derived from country papers, presentations and discussions at the Sub-regional Tripartite Seminar on Occupational and Chemical Safety and Health for Selected Asian Countries (Manama, Bahrain, 10-12 November 1997) which invited the participation of senior safety and health officials from Bahrain, China, Jordan, India, Indonesia, Korea, Kuwait, Lebanon, Malaysia, Oman and the Syrian Arab Republic. Also represented were seven employers' representatives and six workers' representatives from the same region.
The Arab Institute of Occupational Safety and Health of the Arab Labour Organization (ALO) and the Executive Bureau of the Council of Ministers of Labour and Social Affairs of the Gulf Cooperation Council (GCC) were also represented in the Seminar.
The purposes of the Seminar were to:
- promote the ILO principles in occupational safety and health;
- exchange views among the tripartite participants concerning the implementation of occupational safety and health policies; and to
- strengthen the capabilities of chemical safety at the national levels.
As basis for discussion, the Seminar used the provisions of the following ILO Conventions:
Safety in the Use of Chemicals at Work ( 170), 1990;
Prevention of Major Industrial Accidents ( 174), 1993;
Occupational Safety and Health ( 155), 1981; and
Occupational Health Services ( 161), 1985.
Bahrain
In Bahrain the Ministry of Labour and Social Affairs is the Ministry which is entrusted with the enforcement of occupational safety and health policies at the national level. The Ministries of Health, Housing and Municipalities and Environment, Petroleum and Industry, Commerce, and Interior are also directly or indirectly involved in occupational safety and health. Also involved are other local organizations such as the Central Municipality Organization and the Civil Service Registry. Legislations which address occupational safety and health include the:
- Labour Act for the Civil Sector ( 23), 1976, which is enforced by the Ministry of Labour and Social Affairs;
- Public Health Act ( 3), 1975, which is enforced b y the Ministry of Health;
- Civil Service Act, 1975, which is enforced by the Occupational Safety and Health unit at the Civil Service Registry;
- Act ( 6), 1984, regulating the industry, which is enforced by the Ministry of Petroleum and Industry; and
- Act ( 3), 1977, regulating buildings, which is enforced by the Central Municipality Organization.
Regulations concerning chemical safety are available at the national level and cover the identification, labelling, transport within the enterprise, storage, handling and disposal of chemicals. The provision of a safe working environment is the responsibility of the employer. Factory inspection is taking place, in principle, on an annual basis, aiming at ensuring compliance with regulations. The inspection is conducted by inspectors with general expertise in occupational safety and health. They may be assisted by specialists from industrial establishments.
Labelling of chemicals is guided by internationally accepted systems, and classification follows the European Community system and is carried out by licenced distributors. Safety data sheets are in use and issued by industry. Details on the formulations of chemicals are required to be submitted upon the request of the competent authorities and the users. Training and education in chemical safety are conducted by industry and are also covered by general awareness programmes which are carried out by national authorities. Specific regulations for individual chemicals exist. For example, there are regulations which deal with the import, transport, storage and handling of chlorine.
The responsibility for chemical safety and the prevention of major industrial accidents policy is entrusted to the Ministry of Labour and Social Affairs which carries out control and inspection of workplaces, conducts occupational safety and health field studies and examinations, and provides the employers and workers with information and guidance regarding occupational safety and health matters. Whilst this Ministry has the power to shut down workplaces on safety and health grounds, the Ministry of Health participates in the monitoring of the working environment and is in charge of issuing chemical import and export licences.
Inter-ministerial coordination in occupational safety and health exists in Bahrain in the form of exchange of views and information, joint inspection of workplaces, and in the formulation of replies to matters pertaining to the field which are addressed by Arab, regional and international organizations. Such coordination also exists in the joint development and enactment of occupational safety and health legislation.
In the field of the prevention of major industrial accidents, the Law requires that such accidents be notified to the Ministry of Labour and Social Affairs within 24 hours of their occurrences.
Among the four ILO Conventions which Bahrain has so far ratified, the following are examples which relate to occupational safety and health:
Convention ( 14), 1921 Weekly Rest (Industry)
Convention ( 81), 1947 Labour Inspection
Convention ( 89), 1948 Night Work (Women) [Revised]
Bahrain uses the provisions of other ILO and the Arab Labour Organization (ALO) Conventions as a basis for national legislation in occupational safety and health. It also encourages the exchange of information, development of training programmes and technical cooperation between countries within the region and at the international level.
China
The Government of China has attached great importance to chemical safety management which is reflected in the fields of safety and prevention which are accorded a top priority policy supported by legislation and standards. Regulations on Safety Management for Hazardous Chemicals were promulgated by the State Council in 1987. In an effort to make rapid progress towards alignment with the international safety chemical management system, the Chinese Government's 10th Session of the Standing Committee of the Eighth National People's Congress ratified the ILO Chemicals Convention, 1990 ( 170) in October 1994. The Convention provides a comprehensive framework for safety in the use of chemicals at work and China is in the process of fully implementing its provisions. The development of a national system of classification and labelling of hazardous chemicals and its full application will have a significant impact on the improvement in preventive action at the enterprise level. The system has to be established in line with the latest development towards harmonizing classification and labelling of chemicals. It is also gratifying to note that the ILO Code of Practice on Safety in the Use of Chemicals at Work has been translated into Chinese.
Laws and regulations on chemical safety in China cover the chemical industry and the transportation of hazardous chemicals. The Ministry of Chemical Industry has issued a number of regulations for chemical safety. The Ministries of Public Health and Labour have also issued regulations on industrial hygiene, including the maximum allowable concentration of hazardous substances, health examination, monitoring of the working environment and labelling of hazardous wastes. The coordination between the ministries in establishing and implementing regulations has been lacking. Therefore, it is essential that all these activities be coordinated to avoid duplication and improve the services provided by the local agencies.
The chemical and petrochemical industry in China has been expanding at an average annual rate of 15 percent in recent years. According to the Ninth Five-Year Plan (1996 to 2000), the chemical industry is expected to maintain an annual growth of 9 percent. By the year 2000 the annual value of the chemical enterprises output will reach RMB 370 billion ($45 billion). The value for 1995 is expected to be RMB 227 ($27 billion), a rise of 13.7 percent over 1994. The combined production of China's chemical and petrochemical industries is expected to reach RMB 740 billion ($89 billion) by the year 2000. There are more than 30,000 chemical and petrochemical plants of which more than 1,000 are joint ventures, their establishment being encouraged by China's open-door policy. China is a major producer of ammonia, fertilizers and pesticides, and further expansion of the chemical industry capacity is anticipated to meet the growing demands from industry, agriculture and exports. Presently, there are an estimated 40,000 to 50,000 different chemicals produced in China, many of which are classified as hazardous. More than 6,000 State-owned enterprises and approximately 20,000 village and township-owned enterprises (VTEs) employ about five million workers. Therefore, effective management of chemical use, storage, transport and disposal is of increasing concern, as is the increasing cost to chemical, petrochemical and manufacturing enterprises.
The chemicals produced in China are used in almost all sectors of its economy. This presents hazards to the workers, public and general environment alike. The Ministry of the Chemical Industry statistics show that recorded cases of occupational diseases in its sector have fallen dramatically in the last eight years; nearly half of the cases involved chemical poisoning. However, for the industry in general, many thousands of workers suffer from occupational diseases. The Ministry of Public Health recently reported that 67 cases of accidental environmental pollution in 25 provinces affected 617,089 people in 1993.
China has so far experienced a number of major industrial accidents involving hazardous chemicals and affecting the public and the environment. It acknowledges that major accidents involving hazardous chemicals and petrochemicals in other countries have resulted in considerable loss of life both inside and outside the enterprises, and severe financial losses for the enterprise's owner. Efforts have therefore been made to identify high-risk chemical plants in China based on the methodology developed by the Safety Production Bureau of the Ministry of Labour. However, a systematic approach to control such hazard installations has not yet been established.
Among the 18 ILO Conventions which the Government of China has so far ratified, the following are examples which relate to occupational safety and health:
Convention ( 14), 1921 Weekly Rest (Industry)
Convention ( 15), 1921 Minimum Age (Trimmers and Stokers)
Convention ( 16), 1921 Medical Examination of Young Persons (Sea)
Convention ( 19), 1925 Equality of Treatment (Accident Compensation)
Convention ( 32), 1932 Protection against Accidents (Dockers)
Convention ( 45), 1935 Underground Work (Women)
Convention ( 59), 1937 Minimum Age (Industry)
Convention ( 170), 1990 Chemicals
Jordan
Occupational safety and health in Jordan is enforced by the Directorate of Safety, Health and Environment of the Ministry of Labour. This role is also shared by other ministries such as those for Health (Directorate of Occupational Health), Industry (Radiation Safety Department) and Municipalities (Directorate of Environment). Other bodies such as the Royal Scientific Society and the Specifications and Standards Commission play a vital role in this field.
In addition to the Labour Law which is enforced by the Ministry of Labour and the Public Health Act which is enforced by the Ministry of Health, occupational safety and health is regulated by Ministerial Decrees. Except for fire fighting which is the responsibility of the Civil Defense Department, no elaborate legislation on the prevention of major industrial accidents exists.
Inter-ministerial coordination in occupational safety and health is implemented through joint committees representing the ministries and bodies mentioned above and deal with specific topics such as chemical safety, occupational safety and public safety.
Among the 17 ILO Conventions which Jordan as so far ratified, the following are examples which relate to occupational safety and health:
Convention ( 81), 1947 Labour Inspection
Convention ( 106), 1957 Weekly Rest (Commerce and Offices)
Convention ( 119), 1963 Guarding of Machinery
Convention ( 120), 1964 Hygiene (Commerce and Offices)
Convention ( 123), 1965 Minimum Age (Underground Work)
Convention ( 124), 1965 Medical Examination of Young Persons
(Underground Work)
India
In India, both the Ministries of Labour and of Environment are entrusted with the enforcement of occupational safety and health. Other ministries such as those for Petroleum, Chemicals and Fertilizers, Transport, Industry, Commerce, Health and Public Works have roles to play. Separate arrangements in labour management issues are taken at the Central and State levels. The Factories Act (amended) 1987, which is a Central Government legislation, is enforced by State Governments through their inspectorates of factories. The Directorate General of Factory Advice Service and Labour Institute (DGFASLI), with its central and regional labour institutes, has the responsibility for providing technical advice to factory inspectorates on matters connected with the administration of the Factory Act. It is also responsible for undertaking the necessary research, training and educational activities related to the promotion of safety and health in factories. It plays a coordination role on behalf of the Ministry of Labour for ensuring that significant differences in the rules and practices between different States and Union Territories are avoided.
Occupational safety and health is also addressed by the Environment Protection Act 1984; Workers' Safety in Construction Act 1996; Public Liability Insurance Act 1991; and other acts and rules concerning the manufacture, storage, transport and import of hazardous chemicals, and air and water pollution. These are enforced by the Chief Inspector of Factories at the State level and by Pollution Control Councils at national (Central) and State levels.
The National Safety Council (NSC) in India is an autonomous body under the Ministry of Labour and is a non-profit, non-political, tripartite organization. Its main functions and activities include the promotion of awareness in the fields of occupational safety and health, and the environment, with a view to achieving improvement in working conditions, reducing accidents, safeguarding the health of workers and protecting the environment. The NSC organizes and promotes major National Safety campaigns and undertakes safety audits and surveys of factories and enterprises. It produces a wide variety of safety promotional materials with special relevance to conditions of India. Its publications cover a variety of technical literature on important topics in the form of manuals, booklets, pamphlets, instruction cards, etc. The NSC is a founder member of the Coordinating Committee of Asia and Pacific National Safety Councils of a tripartite character and has active participation at the local level of the trade union organizations and at the national level, of the trade union federations and industries, and of the employers organizations and government representatives.
In the field of the prevention of major industrial accidents, India has developed elaborate legislation, with the support of a technical cooperation project which was implemented by the ILO in the early 1990s.
Among the 37 ILO Conventions which India has so far ratified, the following are examples which relate to occupational safety and health:
Convention ( 1), 1919 Hours of Work (Industry)
Convention ( 4), 1919 Night Work (Women)
Convention ( 5), 1919 Minimum Age (Industry)
Convention ( 6), 1919 Night Work of Young Persons (Industry)
Convention ( 14), 1921 Weekly Rest (Industry)
Convention ( 16), 1921 Medical Examination of Young Persons (Sea)
Convention ( 19), 1925 Equality of Treatment (Accident Compensation)
Convention ( 32), 1932 Protection against Accidents (Dockers)
Convention ( 41), 1934 Night Work (Women)
Convention ( 42), 1934 Workmen's Compensation (Occupational Diseases)
Convention ( 45), 1935 Underground Work (Women)
Convention ( 81), 1995 Labour Inspection
Convention ( 89), 1948 Night Work (Women)
Convention ( 90), 1948 Night Work of Young Persons (Industry)
Convention ( 115), 1960 Radiation Protection
Convention ( 123), 1965 Minimum Age (Underground Work)
Convention ( 136), 1971 Benzene
Kuwait
In Kuwait, the enforcement of occupational safety and health is entrusted to the Ministry of Social Affairs and Labour. Occupational safety and health policies are also implemented by other ministries and governmental bodies such as the Ministry of Public Health, Ministry of Commerce and Industry, and the Fire Department. Legislation is covered by the Labour Law ( 38) 1964; Act ( 28) 1965 which protects workers in the petroleum industry and the Ministerial Decision ( 57) 1982 for the protection against benzol; Ministerial Decision ( 114) 1996; Ministerial Decision ( 17) 1973; Ministerial Decision ( 56) 1982 for machinery guarding and Ministerial Decision ( 45) 1979 on chemical safety.
As an oil producer, Kuwait is concerned with chemical safety and has legislation which address preliminary and periodic medical examination of petroleum workers. There are also provisions aimed at the protection of workers from exposure to chemicals and at emergency plans for handling chemical leakages and industrial fires. Such plans include specific measures to handle chlorine, hydrogen and ammonia leakage in major refining and petrochemical areas such as the Shuaibah region.
Whilst interministerial coordination in chemical safety exists between the Ministries of Labour and Health and the Shuaibah industrial authority, occupational safety and health is coordinated at the national level in the form of joint committees between several ministries.
The prevention of major industrial accidents in the petroleum sector is the responsibility of a special unit within the Ministry of Labour: Article 9 of the Ministerial Decision ( 14) 1996 requires the notification of major accidents within 24 hours of their occurrence.
Among the 14 ILO Conventions which Kuwait has so far ratified, the following are examples which relate to occupational safety and health:
Convention ( 1), 1919 Hours of Work (Industry)
Convention ( 29), 1930 Forced Labour
Convention ( 30), 1930 Hours of Work (Commerce and Offices)
Convention ( 81), 1995 Labour Inspection
Convention ( 89), 1948 Night Work (Women)
Convention ( 106), 1957 Weekly Rest (Commerce and Offices)
Convention ( 119), 1963 Guarding of Machinery
Convention ( 136), 1971 Benzene
Lebanon
In Lebanon, occupational safety and health is entrusted to the Ministry of Labour through its factory inspectorate that dates back to 1949. The Lebanese Labour Law (1946) covers occupational safety and health which has been further supported by Ministerial Decrees, notably Decree ( 6341) of 1959 which is regarded as the first instrument specifying occupational safety and health measures and workers' protection. At present, the factory inspection is supported by close to 20 inspectors consisting of engineers and physicians, as stipulated by Decree ( 5106) of 1994.
The modernization of the laws and legislations of occupational safety and health in Lebanon has been further augmented by a number of Decrees which call for the establishment of joint committees with representatives from the Ministries of Health and Economy. In the field of chemical safety, the Ministry of Labour is in the process of strengthening its chemical safety inspection capabilities and has coordinated such efforts with the Ministries of Health, Agriculture and Environment. The field of the prevention of major industrial accidents has
not been developed and all activities in this regard are based on mitigating measures in the form of rapid response by the Civil Defense system to major fires and explosions.
In addition to the above, a number of Ministerial Orders also play a role in promoting occupational safety and health at the national level. Unfortunately few of these refer directly to chemical safety with a general coverage for public health conditions within industrial establishments, safety in quarries, safety and health in printing shops, specification of preventive measures in mills, and public safety regulations at commercial establishments in the City of Beirut.
Among the 37 ILO Conventions which Lebanon has so far ratified, the following are examples which related to occupational safety and health:
Convention ( 1), 1919 Hours of Work (Industry)
Convention ( 14), 1921 Weekly Rest (Industry)
Convention ( 15), 1921 Minimum Age (Trimmers and Stokers)
Convention ( 17), 1925 Workmen's Compensation (Accidents)
Convention ( 19), 1925 Equality of Treatment (Accident Compensation)
Convention ( 30), 1930 Hours of Work (Commerce and Offices)
Convention ( 45), 1935 Underground Work (Women)
Convention ( 73), 1946 Medical Examination (Seafarers)
Convention ( 77), 1946 Medical Examination of Young Persons (Industry)
Convention ( 78), 1946 Medical Examination of Young Persons (Non-Industrial Occupations)
Convention ( 81), 1995 Labour Inspection
Convention ( 89), 1948 Night Work (Women)
Convention ( 90), 1948 Night Work of Young Persons (Industry)
Convention ( 115), 1960 Radiation Protection
Convention ( 120), 1964 Hygiene (Commerce and Offices)
Convention ( 127), 1967 Maximum Weight
Malaysia
The Department of Occupational Safety and Health, formally known as the Factories and Machinery Department, is the government body entrusted with the enforcement of occupational safety and health policies. The Ministry of Human Resources is also responsible for the enforcement of occupational safety and health policies at the national level. Laws, rules and regulations which are enforced by the Occupational Safety and Health Department are the Factories and Machinery Act, 1967, the Petroleum Act (safety measures), 1984 and the Occupational Safety and Health Act, 1994. Recently the Government passed two pieces of legislation, namely the Occupational Safety and Health (control of industrial major hazards) Regulations, 1996 and the Occupational Safety and Health (classification packaging and labelling of hazardous chemicals) Regulations, 1997.
The main task of the Occupational Safety and Health Department is to ensure safety, health and welfare for workers at the workplace and to protect others against risks which may result from the workplace. This covers all branches of economic activities except those which are subject to the Merchant Shipping Ordinance and the armed forces. The activities of the Department include industrial safety (accident prevention), industrial hygiene, major hazards (prevention of major industrial accidents and the mitigation of their effects) and training activities in cooperation with the National Institute of Occupational Safety and Health (NIOSH).
One of the encouraging achievements is the enactment of a new Occupational Safety and Health Act in February 1994. The new Act expanded the safety and health protection to all employed persons from the limited coverage of previous Factories Act. Other key features of the new Act include: establishment of national tripartite advisory body; clear definition of employers to protect their employees; duties of employers to persons other than their employees; responsibilities of manufacturers/importers/suppliers of plant; establishment of a safety and health committee at workplaces where 40 workers or more are employed; and the requirement for a safety and health officer in establishments of 40 workers or more.
The Occupational Safety and Health (classification, packaging and labelling of hazardous chemicals) Regulation, 1997, provides the legal framework for a large group of chemicals commonly known as "industrial chemicals" which are not regulated by any legal instrument with respect to classification, packaging and labelling requirements. These regulations clearly stipulate the responsibility of chemical suppliers including manufacturers and formulators with regard to classification, packaging, labelling and chemical safety data sheets. The regulations exempt certain categories of hazardous chemicals such as radioactive chemicals, pesticides and poisons which are included in the poison list Order, 1993, and drugs under sale of the Drugs Act, 1952.
Among the 24 ILO Conventions which Malaysia (and Peninsular, Sabah, Sarawak) has so far ratified, the following are examples which relate to occupational safety and health:
Convention ( 7), 1920 Minimum Age (Sea)
Convention ( 12), 1921 Workmen's Compensation (Agriculture)
Convention ( 16), 1921 Medical Examination of Young Persons (Sea)
Convention ( 17), 1925 Workmen's Compensation (Accidents)
Convention ( 19), 1925 Equality of Treatment (Accident Compensation)
Convention ( 29), 1930 Forced Labour
Convention ( 45), 1935 Underground Work (Women)
Convention ( 81), 1995 Labour Inspection
Convention ( 119), 1963 Guarding of Machinery
Convention ( 123), 1965 Minimum Age (Underground Work)
Convention ( 138), 1973 Minimum Age
Tripartite coordination is accomplished in Malaysia by the occupational safety and health council consisting of representatives from the Government and employers' and workers' organizations.
Oman
Occupational safety and health is Oman is entrusted to the Ministry of Social Affairs and Labour. Other ministries and Government bodies such as the Ministries of Health, Environment and Municipalities, and the Police Department are also involved in the enforcement of occupational safety and health legislation. Chapter 7 of the Oman Labour
Law ( 37) 1974 covers various aspects such as the role of the Government, the responsibilities of employers and the rights and duties of workers. Also covered are provisions concerning workmen's compensation and occupational accidents and diseases. The Ministry of Social Affairs and Labour is also responsible for the enforcement of the Act ( 40) 1977; Ministerial Decision ( 19) 1983 on occupational safety and health; and the Social Security Act ( 73) 1991 which modifies the list of occupational diseases.
Occupational safety and health legislations in Oman have no specific provisions which cover chemical safety and the prevention of major industrial accidents. Only in the Ministerial Decision ( 19) 1983 is there a coverage regarding the storage of chemicals including hazardous chemicals and the reporting of major industrial accidents, as well as the employers' responsibilities for the control of industrial fires.
Interministerial coordination in Oman exists in the form of joint committees consisting of the Occupational Safety and Health Department at the Ministry of Social Affairs and Labour, the Municipality of Muscat, the Ministry of Regional Municipalities and Environment, Sultanate of Oman Police Department and the Ministry of Health.
Pakistan
In Pakistan, the prevailing legislation governing the conditions of work and safety and health measures, consists of basic laws and enactments, supplemented by Rules and Regulations made in exercise of powers conferred by the basic enactments. Whereas the basic laws are federal, the Rules are either federal or provincial. The major laws which cover the safety and health requirements for the workers in mines, factories and industrial and commercial establishment, include: the Mines Act, 1923; the Boilers Act, 1923; the Workmen's Compensation Act, 1923; the Factories Act, 1934; the Dock Labourers Act, 1934; the Employers' Liability Act, 1938; the Road Transport Workers Ordinance, 1961; the Provincial Employees Social Security Ordinance, 1965; the West Pakistan Industrial and Commercial Employment Standing Orders Ordinance, 1968; the West Pakistan Shops and Establishments Ordinance, 1969; and the Employment of Children Act, 1991.
The Factories Act, 1934 is the major enactment on occupational safety and health which lists the health and safety measures required to be provided in factories. It provides penalties for violations of the provisions. An inspection system to check whether the measures have been properly implemented or not is provided for in this Act. Chapter III of the Act pertains entirely to the provisions for health and safety of workers. It prescribes standards for cleanliness and disposal of wastes and effluents, adequate ventilation and control of temperature, protection from dust, fumes and other impurities, appropriate lighting, avoidance of over-crowding on the factory floor, provision of wholesome drinking water and other welfare facilities. There are specific provisions imposing responsibility on the employers to ensure that a hygiene card is provided to each worker and that each worker is medically examined twice a year, which is necessary as a precaution against contagious and infectious diseases. A provision has been made for compulsory inoculation and vaccination of workers. There are comprehensive provisions for casing of the machinery, cutting off power in emergencies and providing other protective gears on machinery. The Act also provides for the safety of workers where cranes and other such machinery is used.
The standards/measures provided by the law to ensure safety and health at the work place include cleanliness at the work place, disposal of wastes and effluents, ventilation and temperature, dust and fumes, humidification, over-crowding, lighting, drinking water and welfare facilities, precautions against contagious and infectious diseases and public health, fire precautions, guarding of machinery, employment of young women, mechanical safety, cranes, hoists and lifting machinery.
As for as review and updating of the existing legislation is concerned, it has been recommended by the Task Force on Labour, constituted to formulate recommendations for the new labour policy, that the Pakistan Law Commission should undertake the task of codification, simplification and consolidation of the labour laws, and to amend the relevant laws so as to ensure the compliance with safety standards. Once this is done, it is hoped that it would have a good impact on the situation of occupational safety and health. The Task Force has also recommended the establishment of a National Institute for Safety and Health. With the establishment of this Institute, it is expected that there would be a significant improvement in the area of occupational safety and health in the country. The provincial Governments are also taking steps to gear up their inspection machinery in order to achieve satisfactory observance of legal provisions.
The situation of occupational safety, health, working conditions and environment in Pakistan is not different from that in other developing countries. Pakistan, in this field, is facing problems which are the result of many factors like change of technology, inadequate infrastructure, lack of financial resources, weak legislation and its low enforcement, lack of planning and paucity of investment in training and skill development. Industrial accidents are also attributed to the laxity of complying with safety standards and to the absence of safety culture in the society.
To meet the challenge, Pakistan has developed a legal and administrative framework that governs the working conditions and the occupational safety and health in the country. The legislation consists of basic laws and enactments, supplemented by certain Rules and Regulations, whereas the administrative set-up consists of implementing agencies both at the federal and the provincial level. At the federal level, the Central Inspectorate of Mines and the Directorate of Dock Workers Safety are responsible for the monitoring of the enforcement of the Mines Act and the Dock Labourers Act in the areas of their jurisdiction. The Central Inspectorate of Mines is also performing the functions of a facilitator of the "National Occupational Safety and Health Information Network" in the capacity of an ILO-CIS National Centre for Pakistan. The Directorate of Dock Workers Safety is responsible for ensuring the safety and health of dock workers employed at Karachi, Gawadar and Pasni seaports, through the practical enforcement of relevant provisions of the Dock Labourers Act, 1934. Besides, the Directorate of Workers Education at the federal level, with its regional centres in all the provinces, and the National Institute of Labour Administration and Training, are playing its role in the field of workers' education by providing necessary on job training and education to the workers on different related subjects, including that of occupational safety and health.
At the province level, the Directorate of Labour Welfare, the Inspectorates of Mines and certain specialized institutes like the Centre for the Improvement of Working Conditions and Environments at Lahore and Occupational Safety and Health Centre at Karachi have been set up to monitor the occupational safety and health conditions.
Among the 32 ILO Conventions which Pakistan has so far ratified, the following are examples which relate to occupational safety and health:
Convention ( 1), 1919 Hours of Work (Industry)
Convention ( 4), 1919 Night Work (Women)
Convention ( 6), 1919 Night Work of Young Persons (Industry)
Convention ( 14), 1921 Weekly Rest (Industry)
Convention ( 16), 1921 Medical Examination of Young Persons (Sea)
Convention ( 18), 1925 Workmen's Compensation (Occupational Diseases)
Convention ( 19), 1925 Equality of Treatment (Accident Compensation)
Convention ( 32), 1932 Protection against Accidents (Dockers)
Convention ( 41), 1934 Night Work (Women)
Convention ( 45), 1935 Underground Work (Women)
Convention ( 59), 1937 Minimum Age (Industry)
Convention ( 81), 1995 Labour Inspection
Convention ( 89), 1948 Night Work (Women)
Convention ( 90), 1948 Night Work of Young Persons (Industry)
Convention ( 106), 1957 Weekly Rest (Commerce and Offices)
Convention ( 159), 1983 Vocational Rehabilitation and Employment (Disables Persons)
Syria
Occupational safety and health in Syria is entrusted to the Ministry of Social Affairs and Labour, through the Occupational Safety and Health Directorate of the Social Insurance Institution. Occupational safety and health is legislated by a number of laws, regulations and
decrees, including the Basic Law for Government Workers ( 1) 1985; the Labour Law ( 91) 1959 and the Social Insurance Law ( 92) 1959.
Whilst the above laws are the responsibility of the Ministry of Social Affairs and Labour, the Local Administration Law ( 29) 1972 is the responsibility of the Ministry of Local Administration and the Environmental Act, 1994, is the responsibility of the Scientific and Environmental Research Centre of the Ministry of Environment.
Interministerial coordination is strong in Syria where there is a well established tripartite Higher Committee concerned with public, environmental and occupational safety and health. The Committee consists of representatives from the Ministries of Labour, Health, Agriculture, Industry, Environment and other governmental bodies, as well as representatives from the employers' and workers' organizations.
Chemical safety is a main function of the Occupational Safety and Health Directorate which is responsible for the inspection of industrial establishments in the public, private and mixed sectors. The prevention of major industrial accidents is regulated by a national Ordinance aimed at the protection of industrial installations from such accidents. This Ordinance was issued by the Prime Minister's Office in 1982 and entrusted to the Ministry of Local Administration in collaboration with other governmental bodies. The Ordinance places the responsibility for self regulation and protection from industrial accidents on the employer and subjects the major hazard installations to regular inspection by the Ministry in close collaboration with the Occupational Safety and Health Directorate.
In addition to the Higher Committee referred to above, Syria has also established a tripartite occupational safety and health Advisory Committee composed of representatives from the Ministries of Labour and Health, and the General Confederation of Trade Unions and the Chamber of Commerce and Industry.
At the enterprise level, occupational safety and health committees are required to be established in accordance with a Ministerial Decision ( 3803). Chemical suppliers are also required by a Ministerial Decree to label all containers with appropriate instructions regarding the safe use and disposal of chemicals.
Among the 46 ILO Conventions which Syria has so far ratified, the following are examples which relate to occupational safety and health:
Convention ( 1), 1919 Hours of Work (Industry)
Convention ( 14), 1921 Weekly Rest (Industry)
Convention ( 17), 1925 Workmen's Compensation (Accidents)
Convention ( 18), 1925 Workmen's Compensation (Occupational Diseases)
Convention ( 30), 1930 Hours of Work (Commerce and Offices)
Convention ( 45), 1935 Underground Work (Women)
Convention ( 81), 1995 Labour Inspection
Convention ( 89), 1948 Night Work (Women)
Convention ( 115), 1960 Radiation Protection
Convention ( 119), 1963 Guarding of Machinery
Convention ( 120), 1964 Hygiene (Commerce and Offices)
Convention ( 123), 1965 Minimum Age (Underground Work)
Convention ( 124), 1965 Medical Examination of Young Persons (Underground Work)
Convention ( 129), 1969 Labour Inspection (Agriculture)
Convention ( 136), 1971 Benzene
Convention ( 139), 1974 Occupational Cancer
Activities of the Employers' Organizations in Occupational Safety and Health
Employers' organizations in Asia have been paying more attention to occupational safety and health matters. This is a particularly encouraging trend as employers have been increasingly convinced that sound occupational safety and health policies contribute to better quality and greater industrial output. Contrary to past practices, the allocation of resources by management to promote occupational safety and health is now considered more of an investment than expenditure. As members of the International Organization of Employers (IOE), these organizations contribute to and promote tripartism which is a salient feature of the ILO.
In Jordan, the Amman Chamber of Industry (ACI) is promoting the enforcement of occupational safety and health legislation at the enterprise level and has been actively involved in the drafting of national laws in this area. It is an active partner in the management and administration of the Jordanian Social Security Institution and the Ministry's Institute of Occupational Safety and Health. In an attempt to consolidate its occupational safety and health activities, ACI has established a special unit for safety, health and the environment. The unit has plans to promote occupational safety and health amongst ACI's members and has close working relationship with the Kingdom's workers' organization with which it has set up a joint committee for the purpose of coordinating activities and promoting ties with regional and international employers' and workers' organizations. ACI also plays an active role in tripartism through representation at the ILO and the Arab Labour Organization (ALO) conferences, meetings and seminars. Its cooperation has also extended to sister institutes in Europe, notably the German Federation of Chambers of Commerce. In the field of chemical safety and the prevention of major industrial accidents, it liaises closely with the Civil Defense Department in an early hazard alert system which connects large industrial establishments to the Civil Defense Department for assistance in the management of industrial hazards such as fires, explosions and toxic releases. The ACI is also active in monitoring the treatment of sewage and the disposal of hazardous chemical waste in cooperation with the concerned competent authorities.
In Indonesia, APINDO, as the country's employers' organization, is responsible for the implementation of occupational safety and health legislations in its member companies in accordance with national laws. It accords high priority to the promotion of safety and health and has established close technical cooperation ties with regional and international organizations. This has resulted in a number of ILO-supported training activities and in collaboration with sister organizations in Australia and Japan. Its activities in chemical safety and the prevention of major industrial accidents include the translation of the ILO practice on Safety in the Use of Chemicals at Work into the national language and the participation in the preparation of national emergency procedures for the prevention and management of major industrial accidents.
The Korea Employers' Federation (KEF) established a legal framework for occupational safety and health in 1981. In full cooperation with the Ministry of Labour, the promotion and formulation of occupational safety and health policies have resulted in the establishment of the Korean Industrial Safety Corporation (KISCO) in 1987 and the expansion of the Occupational Safety and Health Department at the Ministry into a Bureau in 1989. KEF established its Occupational Safety and Health Department in 1993 in an endeavour to improve the employers' understanding of occupational safety and health. It was active in advising the Ministry in amending the Occupational Safety and Health Act of 1981 which in 1990 became the Korean legal framework for occupational safety and health. This was followed by cooperation with other governmental and private bodies in the establishment of the Commission of Occupational Safety and Health in 1996. As a result, the concept of process safety management and the promotion of chemical safety through the requirement of the provision of chemical safety information sheets became widely accepted and claimed to have reduced occupational accidents by 5 percent and death rates by 20 percent. Close labour management cooperation has become a salient feature of KEF's drive towards the provision of information to enterprises in chemical safety and the prevention of major industrial accidents. This cooperation also includes a partnership with KISCO in the field of training, research and technical advisory services.
In Lebanon, the Lebanese Industrialists Association (LIA) acknowledges the importance of occupational safety and health in rebuilding the country's economy after more than a decade of civil strife. It focuses on the creation of awareness and the coordination of efforts with the public and private sectors in promoting occupational safety and health. LIA has established an environment committee in the wake of rising occupational safety and health problems, including the disposal of chemical waste. Within the framework of tripartism, it established agreements with the Government and the workers' organization to solve pressing issues such as fringe benefits and the safety and health at the workplace. Its future plans include the introduction of sound occupational safety and health principles alongside with the rebuilding of industry country-wide.
In Malaysia, the Malaysian Employers' Federation (MEF) is the central organization of private sector employers. It is represented in a number of national bodies, including the National Advisory Council for occupational safety and health which, in addition to government agencies, include workers' organization and other bodies concerned with this field. MEF is also represented in Malaysia's National Institute of Occupational Safety and Health (NIOSH) and conducts training and provides advisory services to its members. It contributes to the Government Department of Occupational Safety and Health in the latter's efforts in drafting legislation. MEF established a special Committee on occupational safety and health and has recruited a safety and health officer. It has close ties with national, regional and international organizations and is a member of the Asian Confederation of Employers (ACE).
Under a more general note, it is noted that the Bangladesh Employers Association (BEA) has been active in organizing regular training seminars. The Singapore National Employers' Federation (SNEF) has also been active in the promotion of occupational safety and health and organized an international conference on the subject in 1993. The Employers' Federation of Pakistan (EFP) established the Loss Prevention Unit for occupational safety and health training and advisory services, which has become operational with a full-time occupational safety and health technical staff. In 1997, the Employers' Federation of Thailand (ECOT) established a new Committee on Occupational Safety and Health and Environment and recruited a staff member for its management.
Reports from individual employers in the region reaffirm the practice of occupational safety and health as an integral part of its functions. As an example from Bahrain, the Bahrain Aluminium, one of the major employers in the country, has an elaborate occupational safety and health policy. It established a health and safety department which is concerned with drawing the company's policy in occupational safety and health. It deals, among other matters, with environmental and biological monitoring, accident investigation and reporting, training and organization of awareness creation campaigns. The company has joint management/workers committees which meet regularly. Job Safety Practice is the protocol used by the company in the promotion of chemical safety and the prevention of major industrial accidents.
Another example is the Oil and Natural Gas Corporation (ONGC) in India. The company ensures the protection of the health of its workforce through all its offices at the regional level. It organizes regular occupational safety and health meetings and has elaborate worksite inspection programmes through workers' participation. It performs periodic examination of workers and conducts training seminars in collaboration with other institutes. Tripartism is manifested by close collaboration with workers in its activities which are aimed at the promotion of chemical safety and the identification of potential hazards and accidents. The company collaborates with international bodies, including the ILO.
Activities of the Workers' Organizations in Occupational Safety and Health
Workers' organizations in Asia have been responsible for a number of positive trends in occupational safety and health. Their activities in this field have been dictated by the fundamental right of workers for safe and healthy work environments which also contribute to the protection of the public and the environment from adverse industrial safety and health effects. This has led to the establishment of special units within individual workers' organizations which are concerned solely with occupational safety and health matters. As members of the International Confederation of Free Trade Unions (ICFTU), these organizations play an important role in the promotion of tripartism, which is a unique ILO feature.
In China, the All China Federation of Trade Unions (ACFTU) participates actively in the enactment of occupational safety and health legislation and the formulation of policies in this field. In addition to its role in strengthening the trade unions capabilities in occupational safety and health, it provides training and education for workers and carries out information exchange through a special unit which has the sole responsibility for occupational safety and health. It collaborates with government agencies in the creation and promotion of safety networks on a country-wide basis and in collaboration with international organizations such as the ILO, conducts training and research activities with emphasis on key areas such as mining. The ACFTU accords chemical safety a high priority through the promotion of chemical safety principles including the strengthening of hazard communication and training.
Noting that the chemical industry, excluding petroleum and coal, contributes to 20 percent of occupational deaths in India, the Indian National Trade Union Congress (INTUC) has strengthened its capabilities in chemical safety. It promotes hazard communication through the preparation and dissemination of chemical safety data sheets and collaborates with government agencies and employers organizations in providing occupational safety and health training for all of its members. The INTUC has a well established Occupational Safety and Health Department which is responsible for advising its membership, among other things, in the field of legislation and the promotion of workers' right for safety and health.
The Federation of All Indonesian Trade Unions (FSPSI) in Indonesia plays a vital role in the enforcement of occupational safety and health policies at the national level, as stipulated by the Occupational Safety and Health Act ( 1), 1970. In 1989, the organization established a special unit for workers' training and education in occupational safety and health. It collaborates actively with APINDO, the employers organization in Indonesia, in promoting safety and health at the enterprise level through the establishment of occupational safety and health committees. Its collaboration also extends to national and international organizations. This has resulted in the establishment of strong ties with other trade unions in Asia and in Europe, and in the organization of training seminars in fields such as fire safety, safety audits and chemical safety. The FSPSI is a key player and organizer of national safety campaigns in Indonesia.
In Bahrain, the General Committee of Bahraini Workers has an active role in the promotion of occupational safety and health, as stipulated by the Ministerial Decision ( 29) 1976. The organization has recently established an occupational safety and health unit which is concerned with raising awareness, review of occupational safety and health legislation and the development of training programmes in coordination with the Ministry of Labour. It places priority on occupational safety and health in small and medium-sized enterprises.
The General Federation of Trade Unions (GFTU) in Kuwait collaborates closely with the Ministry of Labour in the promotion of occupational safety and health at the enterprise level. Although it does not have a special safety and health unit, it participates in factory inspections and in the investigation of industrial accidents through the assistance of its 12 member unions. With parliamentary committees and government agencies, it has a coordinating role in safety and environmental issues. It has strong ties with the ILO and the ALO with which it promotes the application of international standards. Its capabilities in the field of chemical safety and the prevention of major industrial accidents need to be strengthened.
In Syria, the General Federation of Trade Unions (GFTU) is one of the strongest federations in the region. Its interest in the protection of the health of the Syrian workforce dates back to the early seventies when the President of the Republic gave his full support to the nation's labour movement in the industrial and agriculture sectors. The contribution of the GFTU to occupational safety and health at the national level is remarkable. It is a member in the Higher National Committee for health affairs at the Office of the Prime Minister, which is responsible for the development of occupational safety and health policies. In close cooperation with the Ministry of Labour, it collaborated with the ILO in 1980 in the implementation of occupational safety and health activities aimed at the development of the field in Syria. These activities culminated in the GFTU's design and implementation of a six-month curriculum in occupational safety and health which has so far graduated close to 500 occupational safety and health officers. Based at the GFTU's 16th November Institute for labour education, the course invites trainees from the Syrian public, private and mixed industrial and agriculture sectors to pursue four months of didactic and practical training which is followed by two months of training at the enterprise level. Following graduation, the technicians return to their employers with the new full responsibility for occupational safety and health matters leading the enterprise management in a sense to self-regulation in occupational safety and health in accordance with the Syrian legislation. The GFTU also organizes specialty courses as well as refresher courses in occupational safety and health for its graduates as follow-up training. It also sets a number of seats on this course for technicians from neighboring countries and, in the process, encourages technical cooperation and networking between developing countries. The GFTU is also instrumental in providing technical advice to a number of national bodies through its special unit which deals with occupational safety and health matters. It participates actively in the ILO activities, especially those related to occupational safety and health, and plays a major role in the activities of the ALO Institute of Occupational Health and Safety which is based in Damascus. It contributes tremendously to the occupational safety and health programme of the international Confederation of Arab Trade Unions (ICATU) which is also based in Damascus.
In a more general note, it may be noted that the workers organizations in Vietnam have extensive training programmes in occupational safety and health and that those in Thailand, the Philippines and Bangladesh have been strengthening their occupational safety and health training capabilities within the framework of technical cooperation projects which are implemented by the ILO. In 1994, the General Federation of Nepalese Trade Unions has also launched training activities in occupational safety and health.
Arab Labour Organization - Institute of Occupational Health and Safety
The Arab Labour Organization (ALO) Institute of Occupational Health and Safety was established in Damascus by the ALO in 1983. This was the result of mounting concern by the ALO for occupational safety and health matters, and followed the Arab Labour
Conference Resolution ( 303) which was adopted by the Ninth Session (1981) and the Resolution ( 397) which was adopted by the Eleventh Session (1983) of the Conference.
The Institute, one of ALO's specialized bodies, is assigned various tasks in the field of occupational safety and health including training, research, information analysis, and dissemination of statistics on occupational accidents and diseases. So far, the Institute has conducted numerous training activities aimed at its Arab tripartite constituents. Its training covers all occupational safety and health matters including general, specialized and refresher training seminars according to a set programme of activities which is drawn up in accordance with the needs expressed by its Arab constituents.
In the field of publications, the Institute covers numerous subjects. It contributes tremendously to the enrichment of the Arab library by translating key occupational safety and health publications into Arabic with particular emphasis on the ILO publications. It has also conducted the background work which was essential to the consolidation of occupational exposure limits for use in the Arab region. The Institute has also assisted in the development of occupational safety and health curricula aimed at the training of occupational safety and health technical personnel.
Research on ergonomic guidelines is also among its activities, as is the special study on the prevention of occupational accidents which was an item on the agenda of the ALO Conference during its 22nd (1995) and 23rd (1996) Sessions. In addition to its reliance on international expertise, the Institute draws on experts from all over the Arab region. With the ILO Occupational Safety and Health Branch, it has a strong collaborative programme in occupational safety and health which includes the development and organization of training seminars and regional meetings.
Occupational Safety and Health at the Gulf Cooperation Council Level
The Council of Ministers of Labour and Social Affairs of the Gulf Cooperation Council (GCC) States consists of the Ministers of Labour and Social Affairs in member States of GCC. These are the United Arab Emirates, the State of Bahrain, the Kingdom of Saudi Arabia, the Sultanate of Oman, the State of Qatar and the State of Kuwait. The Council of Ministers meets regularly once every two years while the committee of Deputy Ministers meets once yearly. The Executive Bureau of the Council of Ministers of Labour and Social Affairs in GCC States represents the permanent executive body of the Council of Ministers. The Executive Bureau assumes the responsibility of the Secretariat General of the Council of Ministers and the committee of Deputy Ministers. It has taken the State of Bahrain as the permanent place for its activities and is headed by a Director General who is appointed by the Council of Ministers for four renewable years.
Among the outstanding concerns of the Council of Ministers in the field of cooperation and coordination of the GCC States is the setting up of policies for the protection of human resources, prevention of occupational injuries and diseases and implementation of occupational safety and health programmes. It its action programme, the Executive Bureau acts to pursue the measures of implementing a set of proposed projects and programmes which have been studied and adopted by the Council of Ministers of Labour and Social Affairs over the previous successive sessions to handle and overcome legislative, technical and administrative problems and hindrances in the field of occupational safety and health in the GCC States. In this connection, cooperation and collaboration is taking place with all
concerned bodies in individual member States of the GCC States in addition to Arab and international organizations.
Examples of specific publications and activities of the Executive Bureau in occupational safety and health include the following:
- a publication entitled "The principles of joint Arab Gulf policy in occupational safety and health";
- the development and implementation of education and training programmes in occupational safety and health;
- the development of job descriptions for various categories of occupational safety and health workers in several establishments;
- description of the organizational charts of occupational safety and health committees including functions;
- the adoption of a list of occupational diseases taking into consideration the laws, rules and regulations which are promulgated by the GCC States and followed by Arab and international bodies;
- the adoption of exposure limit values for chemical, physical and biological pollutants at workplaces using other guiding lists of some of the GCC States namely the Kingdom of Saudi Arabia and Kuwait and the consolidated lists of the Arab Labour Organization and other Arab and international lists for new materials;
- the consolidation of a Directive on occupational safety and health consisting of 65 Articles in 18 chapters;
- the compilation of 22 Executive Decisions in support of the occupational safety and health Directive referred to above;
- the adoption of the Executive Decision ( 15) concerning the handling and use of chemicals at work;
- the establishment of the Gulf Arab Symposium on Occupational Safety and Health;
- the development and publication of a guide of inspectors of occupational safety and health and the working environment.
The Executive Bureau has also been active in joint activities with the ILO in the field of occupational safety and health. It has been represented at a number of national and regional seminars which were organized by the ILO in cooperation with its sister organization, the ALO.
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