EG on SIHLWA
Fifth Meeting
Oslo, Norway
06-07 March 2008
Reference / SIHLWA 5/4/3/2_Info1_OSHTitle / Outlines to National Occupationmal Safety and Health Profile
Submitted by / SIHLWA OSH-subgroup chairperson
Summary / Note / This paper provides a draft dated February 2008 on national OSH profile goals and objectives
Requested action / For information and basis for discussion in the OSH sub-group
INTERNATIONAL LABOUR ORGANIZATION
SUBREGIONAL OFFICE FOR EASTERN EUROPE AND CENTRAL ASIA
OUTLINES TO NATIONAL OCCUPATIONAL SAFETY AND HEALTH PROFILE
MOSCOW 2007
INTRODUCTION: NATIONAL PROFILE GOALS AND OBJECTIVES
ARRANGEMENTS FOR NATIONAL PROFILE
GENERAL REQUIREMENTS FOR NATIONAL PROFILE PREPARATION
GENERAL REQUIREMENTS TO THE STRUCTURE AND CONTENTS OF THE NATIONAL PROFILE
PRESENTING NATIONAL PROFILE
CONTENTS OF NATIONAL PROFILE KEY STRUCTURAL ELEMENTS
FOREWORD TO THE NATIONAL PROFILE
INTRODUCTION TO THE NATIONAL PROFILE
1. LEGAL BASIS OF OSH SYSTEM
1.1. Constitution of (name of country) on labour conditions and safety
1.2. Main laws on OSH.
1.3. Key sublaws related to OSH.
1.4. Ratified ILO Conventions and international treaties related to OSH
1.5. Other laws and sublaws related to OSH and protection
2. technical standard documentation: STANDARDS, NORMS AND RULES
2.1. Technical standards, norms and rules
2.2. Standard documents on OSH systems
2.3. Information materials based on ILO Technical Standards and Codes of Practice
3. Mechanisms to form national policies in the sphere of Occupational Safety and Health
3.1. Key trends of public policy in the sphere of Occupational Safety and Health
3.2. Mechanisms of law making and standard making
3.2. Mechanisms of regulating law enforcement practices – Labour inspectorates and other means of public surveillance and control
3.3. Generating national OSH programs
3.4. Economic models of regulating employer activities
3.5. Social and psychological methods of management
4. Mechanisms of social partnership and coordination of activities
4.1. National level
4.2. Regional/territorial level
4.3. Corporate level/employer level
4.4. Public control organization
5. OSH organization: means and bodies
5.1. Competent public authorities charged with OSH issues
5.1.1. National management bodies
5.1.2. National bodies of surveillance and control of labour law implementation.
5.1.3. National bodies of social insurance against occupational accidents and diseases
5.1.4. National bodies of insurance and control of public health, industrial and transport safety, etc.
5.1.5. Regional bodies of management, supervision, control and insurance
5.2. National research and research and development institutions (institutes, centres, laboratories) functioning in the sphere of OSH
5.2.1. Public research and research and development institutions (institutes, centres, laboratories) operating in the sphere of OSH, safety engineering, hygiene and medicine
5.2.2. Non-government research and development institutions (institutes, centres, laboratories) operating in the sphere of OSH, safety engineering, hygiene and medicine
5.2.3. OSH centres (labour health services) providing non-educational services in the sphere of OSH
5.2.4. Occupational pathology centres
5.3. Professional education, training, retraining and professional development in the sphere of OSH and safety engineering and enlightenment efforts
5.3.1. Programs of higher professional and post-graduate education
5.3.2 Programs of supplementary professional education implemented by educational institutions
5.3.3. Training arranged by associations of employers and trade unions
5.3.4. Education (training) of workers arranged by the employer
5.3.5 Structures engaging in information and educational work
5.4. Specialized scientific, technical and medical institutions related to various aspects of OSH
5.4.1. Standardization bodies
5.4.3. Bodies specializing in assessment of hazards and risks
5.4.4. Bodies prepared for safety operations in emergency situations
5.5. OSH Workers
5.5.1. Employees of national level public authorities responsible for OSH
5.5.2. Employees of public authorities of regional/territorial level in charge of OSH
5.5.3. Employees of local governance bodies in charge of OSH
5.5.4. Employer OSH services employees
6. Occupational accident rate status and dynamics and those of occupational diseases
6.1. Fundamentals of qualifying cases of traumatism and diseases as those of occupational injuries and occupational diseases
6.2. Key indicators of occupational injuries and occupational diseases
6.3. Key forms of accounting for occupational injuries and occupational disease rate
6.4. Main forms of collecting statistics
6.5. Registered Occupational Fatalities
6.6. Number of registered occupational injuries
6.7. Number of registered occupational diseases
6.8. Number of persons employed in jobs with unfavourable labour conditions
6.9 Assessing the scale of incomplete reporting
7. Regular activities and continuous work in the area of OSH : separate examples
7.1. Regular activities at the national level
7.1.1. National initiatives
7.1.2. Industrial initiatives
7.1.3. Trade union activities and initiatives in the area of OSH
7.2. International cooperation
7.2.1. World Day for Safety and Health at Work
7.2.2. Cooperation agreements and projects with ILO, other international agencies or states (unions of states)
7.2.3. Activities of National or cooperating ILO OSH information centres
8. Analysis of strong and weak points of the National OSH System
9. General conclusions based on National profile data
APPENDICES
10. Legal framework and information resources
10.1. List of key laws and sublaws on occupational safety and health
10.2. LIST of Agreements between employer and employee associations
10.3. List of key web sites relevant to occupational safety and health, and other information resources
10.4. List of key magazines on occupational safety and health
10.5. List of key monographs, textbooks and study aids on OSH and associated safety issued published in the country
11. Description of methodologies of evaluating various statistical indicators used in the Profile
12. General information about the country of National profile
А General information about administrative arrangement and governance in (full official name of the country preparing the profile)
А1. Data about system of government, legislative, executive and judicial branches of power.
А2. Civil division of the country and respective levels of government.
В General information about economy and labour resources
В.1 Demographic data
В.1.1 Total population
В.1.2 Total economically active population
В.2 Human potential development index and three constituent indices (life expectancy, literacy, poverty), literacy level
В.3 Industries/Sectors/Types of economic activity
В.4 Economic indicators
13. Other relevant information
INTRODUCTION: NATIONAL PROFILE GOALS AND OBJECTIVES
Presently, the prevailing idea is that in order to prevent occupational injuries, occupational diseases and fatalities, public authorities in any country have to permanently assist labour safety and health (OSH) by developing, in consultation with key representative organizations of employers and trade unions:
national policy (strategy) in the sphere of OSH,
National OSH systems
National OSHprogramme,
aimed at the all-round implementation of “OSH culture” and
based on the analysis of historical situation in each country in the sphere of labour conditions and safety thought the development of
the national occupational safety and health profile.
As practically relevant, efficient implementation of OSH requirements both at the national and the employer level, may only be attained with the use of a systematic approach developed by ILO in its regulatory documents and practices, as well as full-fledged participation of social partners in the process of recurrent activities, control of their efficiency, adjustment and improvement.
The ideas of systematic approach to OSH systems were implemented in ILO Convention No. 187 adopted in 2006 and relevant Recommendation No. 197, as well as some earlier documents, such as ILO-OSH 2001 Manual.
In order to implement a systematic approach to OSH system in whatever country on the basis of the adopted conventions, and, primarily, Conventions No. 187 and No. 155, ILO is striving to provide assistance to tri-partite partners in attaining the strategic goal of creating a reliable national system of occupational safety and health through development and implementation of national OSH profiles and programs («Safe Work») and of labour relation system as such («Decent Work»).
Preparing a National Occupational Safety and Health Profile is a major first step towards the creation of a realistic and efficient national program of labour safety, as allowing a systematic approach and evaluation of the entire range of instruments and resources available to a country to implement and improve the entire OSH system, adjusting it to proven international OSH practices.
National OSH Profile shall:
= be prepared at the national level with an input from responsible national and any other relevant bodies in charge of various aspects of OSH, workers’ health and, - remarkably, - with the involvement of major employer and employee organizations (trade unions),
= incorporate key descriptive and statistical data on any aspects relevant to OSH system at any level of public authority and local government, as well as corporate (production, private, employer) level, including relevant legal, institutional frameworks and cultural traditions; legislative bodies; public surveillance and control instruments and bodies , as well as those of labour force distribution; human and financial resources of OSH; labour safety initiatives at the enterprise level relevant to OSH standard, etc.
= provide all persons concerned with practical information on the current activities at the state level (e.g., related to international treaties implementation, current and planned technical assistance projects, etc.),
= serve as the basis for launching a process whereby the country may identify gaps or shortfalls in the current economical, legal, social, administrative and technical measures related to OSH system,
= provide resources to improve coordination between social partners and other persons interested in efficient OSH system.
The very process of preparing the National OSH Profile may foster cooperation, stronger ties, better understanding of potential problems and critical analysis of the current activities in the sphere of OSH, as well as various initiatives related to the improvement of labour conditions in a given country.
The realization of all practical steps below facilitates efficient preparation of a National Profile.
ARRANGEMENTS FOR NATIONAL PROFILE
GENERAL REQUIREMENTS FOR NATIONAL PROFILE PREPARATION
The text of the National Profile may be prepared by any expert or a group of experts, including those formed of an authorized body or organization, however the text acquires the status of the National Profile when approved by all social partners, public authorities (the Government), trade unions and employer associations.
GENERAL REQUIREMENTS TO THE STRUCTURE AND CONTENTS OF THE NATIONAL PROFILE
The National profile is prepared for general use not just by experts and any persons concerned in the native country, but in other countries and international organizations. Therefore, it shall not be prepared in an absolutely free or original format, but rather in a form generally accepted within ILO for ease of understanding and use.
The generally accepted CONTENTS STRUCTURE OF THE NATIONAL PROFILE is given below. Each element of the National Profile contains a verbal description of certain data and/or, as possible or required, detailed statistical information. However, for the purpose of uniform presentation of data, facilitating their comparison with other countries’ national profile data, it is desirable that experts engaged in National Profile preparation follow the generally accepted formats of information presentation.
The provisions below are in no way comprehensive or exhaustive, and an expert engaged in the preparation of the National Profile may on his own add any information in any form of presentation if he believes that it may consolidate the narrative sequence and key contents of the National Profile. However, an expert should strive to stick to the generally accepted contents structure of the National Profile. If the volume or content of addenda may inadvertently change the proposed structure of the National Profile, such addenda (even though they are embodied in a solid document) should rather be included at the end of the Profile as a separate schedule referenced to the relevant paragraph.
In the lack of adequate information on any issue of the National Profile the expert engaged in preparing the National Profile should point out the obstacles to obtaining information or indicate other reasons for the data being unavailable (e.g., lack of public mechanisms of data collection, absence of a law requiring collection of such data, lack of resources, etc.).
Any relevant references to data sources used in preparing the National Occupational Safety and Health Profile should be presented in a format facilitating easy access to the referenced documents.
Due to the differences of OSH system structures adopted in various countries, the multi-faceted and comprehensive nature of OSH as such, the historical specificity of different documents structures, including national OSH profiles presently adopted in international practices and ILO operations, the descriptions of practically identical data may be duplicated in different sections of the National Profile. An expert should not avoid such duplications on the sole ground that each specific section requires its specific aspect of presenting the same data, and their literal copying and repetition, especially if big in volume, may overload the National Profile with repetitions.
PRESENTING NATIONAL PROFILE
Presentation of the National Profile shall serve the purpose of accessibility and comprehensiveness of the material contained therein.
It is desirable that the title leaf be presented in an free format, however, so as to make the title descriptive of the fact that this is a National Profile, e.g., Occupational Safety and Health in «name of country»: National Profile.
The title overleaf (if typographically printed, or the second leaf of the report) shall give a brief summary description of the National Profile in the following exemplary format:
Occupational safety and Health in «name of country»: National Profile. – «Place of printing». - 2007. – «number of pages».
The National Profile «Occupational Safety and Health” in «name of country» is prepared in collaboration with the Subregional Office of the International Labour Organization (ILO) for Eastern Europe and Central Asia.
The National Profile «Occupational safety and Health in «name of country» is prepared by a group of experts of «list of organizations participating in drafting».
The content of the National profile «Occupational safety and Health in «name of country» is approved by social partners: «names of partners».
The national profile gives information on OSH laws, mechanisms of forming state policy in the sphere of OSH, infrastructure, social partnership structures, operations of various partners in the sphere of OSH, labour resources, participants and parties concerned, OSH statistics and indicators, general demographic data, problems and issues, as well as requirements of further country development. These data also serve the basis of specification adjustment and further development of national policies and programs in the sphere of OSH.
The National profile structure to a maximum extent meets ILO recommendations. However, it includes certain supplementary information which facilitates better understanding of situation in the OSH system in «country name».
This document is a printed version of a complete analytical profile. The final edition of the document is available in electronic format and in Internet.
Key words: national profile, occupational accident statistics, social partnership, occupational safety and health systems, occupational health and hygiene services, OSH, social partners, occupational disease rate.
CONTENTS OF NATIONAL PROFILE KEY STRUCTURAL ELEMENTS
FOREWORD TO THE NATIONAL PROFILE
Optional element of the National profile. Written in free form. May be skipped.
INTRODUCTION TO THE NATIONAL PROFILE
This is an important profile section containing in free verbal form general data on the country and its administrative division and governance. These data are required to realize the place, role and methods of OSH management in the system of country governance as such. Specific statistics are given in Appendix 12, sections А and В.
1. LEGAL BASIS OF OSH SYSTEM
1.1. Constitution of (name of country) on labour conditions and safety
Written in free form.
Describes provisions related to OSH contained in the Constitution of the country, if any. If none, so shall be stated plainly.
1.2. Main laws on OSH.
Written in free form.
Describes provisions related to OSH contained in the key laws of the country in this sphere if any. If none, that shall be stated plainly.
Describes laws such as the Labour Code, OSH Law, the Law on Social Insurance of Professional Risks, that are relevant to the key aspects of OSH, including payment of compensation to workers for occupational injuries and diseases, coming within the scope of a certain ministry (Ministry of Labour or other bodies in charge of OSH).
However, legal OSH requirements may be adopted in the form of a separate legal act, e.g., OSH Law or as an integral part of a basic law like the Labour Code, etc.).
A similar situation is possible as regards the requirements to the payment of compensations for occupational injuries or diseases.
Besides, the issues of health care of active population and production safety may be included as separate paragraphs or articles in other laws and sublaws, which are not directly related to OSH.
1.3. Key sublaws related to OSH.
Described is a system of sublaws related to OSH and related branches of law, applicable in the country.
1.4. Ratified ILO Conventions and international treaties related to OSH
List of ratified ILO Conventions and international treaties related to OSH. For international treaties their contents are given as regards OSH.
1.5. Other laws and sublaws related to OSH and protection
Described are laws and sublaws related to and/or regulating sanitary epidemiological and biological safety, industrial, transport, radiation, fire, physical, construction, etc. safety, related to OSH.
2. technical standard documentation: STANDARDS, NORMS AND RULES
2.1. Technical standards, norms and rules
Information is given on technical standards used or applied either within the present rules or on voluntary basis. Data are supplied on their names, terms, obligatoriness/voluntariness and adopting body.
2.2. Standard documents on OSH systems
Information is given on standard documents on the use of OSH at the enterprise level, as well as on any national regulating or promoting activities related to the use of these systems including economic incentives.
As possible, indication should be given whether the ILO-OSH 2001 Manual is used as the basis of activities in this sphere .
It is desirable to point out whether whatever scheme of matching health management systems to OSH requirements is applied in the form of certification. If any such application is used its is desirable to give details of any such application and its relation to the general system of safety compliance assessment.