Occupational Safety and Health Legislature and Standards - Essay Example

Critical evaluation of the contribution of OSH (Occupational safety and health) legislature and standards to organisational well-being By Name Course+Code Class Institution Date Introduction Occupation safety and health is considered a science of recognition, anticipation, control and evaluation of hazards emerging from or in a place of work and can impair the well being and the health of the workers, and its impact on general environment and surrounding communities. The domain encompasses environmental hazards and numerous workplace disciplines (Wash, 2000). The United States of America and the United Kingdom have passed several laws since the year 1970 which have targeted the occupational health and safety of the workers in their member states and countries. The 1974 act on the safety and health of the worker at the place of work in the United Kingdom and the 1970 act targeting the safety and health of workers in the United States are some of the example of the legislations that have been passed with workers health and safety in mind. The health and safety executive in the United Kingdom is responsible for enforcing laws that targets occupational health and safety within the member countries. In the United States, the occupational safety and health administration (OSHA) which was created in the 1970 is responsible for ensuring the safety of the workers at their place of work. OSHA is responsible for guiding both the employee and the employer on occupational health issues and ensuring the laws that support occupational health and safety are applied at the place of work. These are done through education and training .The impact of globalization in the two regions has been considered as a force of change in the occupational health and safety scope. World trade liberalization, significant improvement in the transport and communication sector, rapid progress in technology, shifts in employment patterns, changes in practices at the place of work, changes in employment patterns targeting women and men and the structures, enterprise lifecycles and advancement in technology has generated new patterns and types of exposures, risk and hazards (Burke &Ronald, 2011). Population movements and changes in demography have affected the health and safety of people at their place of work. the high rate of unemployment due to increase in number of people migrating to the united kingdom has resulted to opening up of more industries with owners not informed of the legislation pertaining to occupational health. Lack of information on occupational health legislation among the employers both in the United Kingdom and the United States has resulted to exposing workers to work environments that are unsafe and which can impact negatively to their health. Increase in injuries and death of workers at the place of work has forced both systems to look for ways of training and informing employers on the legislations that governs occupational health and safety (Carbalo et al, 2008) Comparing and contrasting the British system and American system for regulating occupational health and safety Studies have indicated that United Kingdom is more precautious and risk averse on legislations targeting occupation health and other hazards that affect the workers at their place of work unlike United States which is considered more optimistic and risk taker. Other studies have indicated that United States’ legalistic and adversarial regulatory process makes it more cautious on issues concerning work place environment and other environmental risks directed to the public (Smith, 2007). The 1974 act on health and safety at the place of work is also known as HSWA is the main piece of legislation in the Great Britain that governs the safety and health of the people at their place of work. The local authority, other law enforcing authorities and the health and safety executive are responsible for enforcing the occupation health and safety act and other relevant working environment acts (Cuckow & Jane, 1990). The American workers have a right to safe and healthy work place just like their counterparts in the United Kingdom. The act of 1970 on occupational health and safety was created and passed with an aim of protecting workers from harm and being killed at the work place. The employers are required to provide safe working conditions that are free of danger to their employees (Sas &Katalin, 2009). The act led to the creation of occupational safety and health administration (OSHA). OSHA is responsible for training, assistance and information provision to employees and the employers. The occupational health and safety legislation in both systems is aimed at protecting the health and the safety of the worker. Strategies in both systems have been laid to promote implementation of the legislations. The health and safety executive in the United Kingdom has a mandate of enforcing the occupational safety and health act. In the US occupational health and safety regulation is enforced by the occupational safety and health commission, occupational health and safety administration and the national institute for occupational health and safety. The health and safety executive in the United Kingdom believes that management of health and safety can only be achieved through the systematic and sustained approach. They have come up with a (plan, do, check, and act) approach. The approach is aimed at the balancing the behavioral aspects and the system of management. The approach targets employers with the aim of ensuring the employees access better working conditions. The occupational health and safety act in the United States of America was enacted by the House of Representatives and the senate. The act just like the one in the United Kingdom focused on championing for the health and safety of the workers at the place of worker. The code of the federal regulation in the US is in charge of codifying the published rules and acts. The health safety executive has been on the forefront in the recent past in ensuring death arising from asbestos poisoning is reduced. The asbestos web page was created with an intention of providing information to the public and the workers on the poisoning risks (Hillerdal & Henderson, 2008). The workers are adviced to accept working when they have the correct information pertaining to the risks at the place of work and how they are to protect themselves. The employees should ensure the employer is licensed (Berman & Daniel, 2013) Recently, the health and safety executive in the United Kingdom is committed at making necessary changes to the law that will end up affecting the individuals, businesses and representatives of employees. The changes aim at ensuring better working environments. The departmental statement regulation is published two times in a year before 6th April and 1st October each year, which are the commencement dates. The changes are communicated to the employers and employees and strategies put in place to enforce them and ensure the working environment is safe for the people. Current consultations on the occupational health and safety in the united kingdom involves the ‘CD270- consultation on draft and approved code of practice –L122 safety pressure systems’ the document is looking for feedbacks pertaining to the 2000’s approved code of practice to the pressure system safety regulations. The process started on first of September and ended on thirteenth of October. Some of the acts enforced by the HSE include the explosive act of the 1875, factory act of 1961, the health and safety act of the year 1974, employment of young person and women acts of the year 1920 and many other acts that target the safety of the work place. New policies that have come into force in the United Kingdom include the safe acetylene use, ‘The Acetylene safety and regulation 2014(ASR2014)’ that was enforced from first of 2014. The new explosives regulation of the year 2014 that was enforced on first of October 2014 and the petroleum regulation 2014 that came into force the same date. New regulations targeting the acetylene regulation are believed to be enforced as from December 2014. The various bodies, agencies and institutions in European Union tend to influence the formulation of policies and legislations either directly or indirectly (Health Safety Executive, 2014). The bodies also influence the implementation of the various legislations that targets workers at the place of work. Trade union works together with the various bodies to ensure the legislation are implemented at both the union level and the national levels. Social partners are allowed to discuss with the government on issues pertaining to the safety of workers at the place of work. some of the bodies in the European union with the mandate of ensuring workers safety are, the European agency for health and safety at work that is currently based in Bilbao, the advisory committee on safety and health based in Luxembourg and the European foundation for the improvement of the working and living conditions that is based in Dublin (Kauppinen et al, 2000) The 1974 act on occupational health and safety in the UK covers issues such as rescue from mines, diving, control of asbestos at work, working at heights and ionizing radiations. The act stipulates that the employer is responsible for the health and safety of the employees. The system of work should not risk the health of the workers. Arrangement is to be made by the employer to ensure the absence of risk and safety of the employee in relation to handling, use, storage and transportation of substances and articles. According to the act the employees are to be provides with information, training, instructions and supervision all aimed at ensuring their safety and protection against risks that can impact on their health (Ignito, 2008). United Kingdom is also considered corporalist and more lax in work place regulations. The United States is believed to be more concerned with occupation health and environmental hazards since fourty years ago, even though the number of death related to the safety and health of the worker at the work environment are still high. In the year 2013 for example, four thousand, four hundred and five cases of death related to work place issues were reported in the country (Sas &Katalin. 2013). The number was however higher than in the United Kingdom. Occupation health issues in the UK have been a concern for many years. More legislations pertaining to occupational health has been created. The health and safety executive in the United Kingdom is responsible for enforcing health and safety regulations at the place of work. Local authorities too have similar mandate. The occupational safety and health act which was signed by president Nixon allows OSHA to regulate the occupation health and safety in district of Columbia, other territories and the private employers in the fifty states in the country .The creation of the health and work service organisation these year in the united kingdom was aimed at informing and guiding employers on issues pertaining to health. Both the United States and the United Kingdom passed new laws governing occupational health and safety. The strategies for implementation however varied. The United States utilized a more persuasive approach than the United Kingdom. The use of media in the United States was effective in communicating new legislation targeting health and safety at the place of work. Since the enactment of the occupational health act in 1970. Training of the employees and employers pertaining to the new legislation was done more than in the United Kingdom. Enforcement of the legislation varied in different member country in the United Kingdom. (Kazan-Allen, 2005). The pattern of implementation of the safety and health regulations targeting the place of work are diverse in both countries. However, the implementations in the UK have been done in a more effective manner than the United States (Futrell, 2000). In both the two countries employees are responsible for the health and safety of the worker at the place of work. Three departments in the United States under the labour agencies have a mandate of enforcing and administering the laws concerning the safety of the workers at their place of work. As explained before, OSHA helps to administer the safety and health of the workers at their place of work. It is responsible for the health and safety conditions of the industries that are categorized as private (Harrison, John, 2010). The body is concerned with ensuring the miners are safe at the place of work. It applies to all the mineral and mining operations in the United States of America. The third body that protects the safety of workers is the fair and standard act which governs the employment of young workers. It contains the minimal age for employment and prevents employment of underage. In the United Kingdom the enforcement of the occupation health and safety act of the year 1974 and other legislations are enforced by two bodies; the health and safety executive appointed by the health and safety commission under the consent of the state secretary. The executive informs the commission and give assistance on issues pertaining to workers health. It is also responsible for the enforcement of the health and safety laws. The other body responsible for enforcing laws in the United Kingdom is the health and safety commission. It’s a body of 10 people and is appointed by the secretary of state for local government, transport and religion. One of the members of the commission represents the interests of the people. They are mandated to ensure the workers are safe and healthy at the place of work. It is also responsible in keeping the employment medical advisory service (EMAS). EMAS provides information and advice on occupation safety and health matters. The health and safety of the worker act is enforced by the local authority and the HSE. The bodies in charge with enforcing the occupational health and safety regulation in the United States and Britain have faced nearly the same challenges during implementation of the law. For example in the United States several deaths related to the place of work are still being reported in various states of the country. It is reported in that 14 work related death are reported daily in the country. Many more workers are reported with injuries obtained at their place. The challenges that face regulatory bodies include low number of staff compared to the rising number of American people (Selwyn et al, 2013). It is therefore a challenge to go reach all the work places and listen to the workers while enforcing safe places of work. The enforcement tools are inadequate and the weak legislation impairs them from protecting workers from retaliations and discriminations. Most of the challenges experienced in the United States of America are nearly the same with the ones experienced in the United Kingdom. Both countries have continued to come up with new legislation as a result of emergence of new risks that the workers are exposed to (United States labour department, 2014). Globalization and advancement in technology has led to even more health risks at the place of work. Both systems are coming up with the strategies that will promote the health of the people and workers at the place of work. The bodies that are responsible for the implementation of occupation health in the United Kingdom are proposing a more friendly work place and long lasting employer employee relationship. Heavy fines to the employers who expose the workers to hazards that exposes them to diseases should be imposed. Both systems are working to ensure the workers benefits from the various legislations that support workers rights. The well being of the workers and their health in both systems are becoming more effective day after day. Regulatory bodies have registered improvement though the number of death related to work is still high in the United States compared to the United Kingdom. In the United States, the national institute of occupational safety and health (NIOSH) was created by the 1970 act on occupational health and safety. It is under the department of human services and health together with the centre for disease control in the United States of America. The main goal for its establishment was to ensure healthy and safe conditions at the place of work. The safe and health working conditions are maintained through research, education, information, and occupational health training (Sas &Katalin 2009). It conducts research and gathers information on occupational health but does not make regulations and standards. Workers are allowed to report to OSHA in cases where their health and safety is at risk or the employer is no longer following the safety and health standards. The employees have a right to; request OSHA, to inspect their place of work, to utilize their rights without discrimination and retaliation, get information pertaining to the tests of hazards in the work place, and access their medical records and to get training and information concerning hazards, OSHA standards and harm prevention methods The prevention of risks in both the United Kingdom and United States system is aimed at assessing and identifying the risks that the employees are exposed to. Both systems have come up with plans to mitigate and eliminate the risks (Smith, 2007). A good example is OSHA which has focused on ergonomic designs and health surveillance. Both systems have also focused on providing information to the workers. Employers are adviced to provide information to the employees pertaining to the health risks they may be exposed to at the place of work. The manufacturers of products which are to be used at the place of work in Britain are adviced to give information to the users and advice the workers on the risks they may be exposed to during transportation, maintenance and use of the product. The level of compliance however differs in both countries with more compliance in Britain than the United States of America. Compliance can be based on inadequate information posed by the employers on their responsibilities. Both countries should therefore continue providing information and advice to the owners of factories, industries and even small firms. Both the United Kingdom and United States legislation systems have encountered some strengths and challenges in the enforcement of the occupational health and safety legislations. Government support has been one of the strengths with some legislations being passed without resistance, however, politics and lack of information by both the employees and the employer has negatively impacted on the enforcement of the legislation. Politics has delayed some of the legislations from being passed in the House of Representatives in the united states or the parliament in the united kingdom. Conclusion The health of workers in the place of work in both systems can be achieved through promotion, prevention, and interventions aimed at rehabilitations. Poor leadership in both systems targeting the bodies in charge of occupation health policies enforcement has slowed the process of implementation. Politics has also played a major challenge in both systems in passing of the acts. Such acts are passed in parliament or the House of Representatives in the US and therefore conflicts among the parties involvement have delayed some of the legislation hence putting millions of workers lives and rights at risks. Clear evidence in both the United Kingdom and the United States has shown effective promotion of health at the place of work in the current world, but there is still more to do (Thompson & Margaret, 2012). Implementation of work related legislation that is directed to the safety of the worker has been known to increase productivity, the workers become more motivated when their health is taken care of, there is morale improvement of the workers, the company profile is improved and the company becomes more attractive to the employees (Thompson& Margaret, 2012). The bodies concerned with enforcing the occupational health and safety in both systems have encountered several challenges. Most have these challenges have been linked to inadequate information to both the employees and the employers. HSE and OSHA should come up with strategies of educating both partners on new legislation pertaining to the safety of the worker. Both systems have come up with new legislations that are to be enforced. Heavy Penalties should be put in place in cases where the employer fails to abide by the legislation at the place of work. (Tulchinsky &Varavikova. 2000). Reference Alli, B. O. 2008. Fundamental Principles of Occupational Health and Safety. 2nd ed. Geneva: International Labour Office. Berman, Daniel M. 2003. Death on the Job: Occupational Health and Safety Struggles in the United States. New York: Monthly Review Burke, Ronald J.2011. Occupational Health and Safety. Farnham, Surrey: Gower Carballo, M., Divino, J. J., & Zeric, D. (2006). Migration and health in the European Union. Tropical Medicine & International Health, 3(12), 936-944. Cuckow, Jane. 1990. 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