- All employers are responsible for providing their personnel with a prescribed safe and healthy workplace.
- Employers must assess potential risks and severity and develop safety procedures supported by machinery and equipment that meet regulations.
- Communicating and regularly training personnel in risks and precautions, safety procedures, and emergency responses is crucial.
- Maintaining records of the working atmosphere, staff exposure to gases and health, and reporting accidents and injuries are mandatory.
All employers should make personnel health and safety an integral part of their business. In many countries, there are legal requirements that regulate employer responsibility. While there can be differences, most governments and international organizations have some standard requirements, which this article covers.
OSHA Standards
The International Labour Organization (ILO) has developed guidelines for occupational safety and health (OSH) based on internationally agreed-upon principles by ILO members. Industries can use these to formulate their OSH programs. However, each country, region, or local agency will have laws and regulations that each employer must comply with. The Occupational Safety and Health Administration (OSHA) has set these regulations in the USA.
Occupational Safety and Health Act of 1970 makes compliance mandatory for employers.
The General Duty Clause Section 5(a)(1) of the OSHA Act requires that employers provide a clean and safe workplace and protect employees from any hazards and runs as follows:
“Each employer shall furnish each of his employees with employment and a place of employment that is free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”
Under this law, OSHA lists several employer responsibilities that require compliance. The sections below discuss these.
Risk Assessment
The first step in ensuring OSH is for businesses to conduct risk assessments to identify potential hazards that can affect the health and safety of their facilities.
- These evaluations should cover the condition of the infrastructure and safety guards and list the substances involved in manufacture that are toxic or explosion risk.
- The likelihood and severity of risks must also be evaluated.
The workplace must conform to applicable OSHA standards. If there are deficiencies, the employer must implement work and safety protocols that avoid or reduce risks through control and mitigation measures. The risk assessment can be internal or done by calling industrial hygienists and safety experts. Employers must also appoint a safety manager or assign a staff member duties that ensure the correct implementation of the safety and health program.
Risk Management
After risk is assessed, the employer must ensure that working conditions, risk monitoring, and safety measures are chosen to help them comply with the standards set by OSHA. All employers must follow the following steps.
Establish safety procedures: Employers must mitigate risks to health and safety by enforcing operating procedures or engineering controls, such as proper ventilation, secure and safe workstations, and appropriate chemical handling and storage.
Update procedures: Employers must review and update information, safety procedures, and protocols to incorporate new scientific information and regulation requirements.
Improve safety practices: Existing safety procedures should be reviewed and improved continuously based on employee feedback, risk identification, and the occurrence of events.
Develop emergency response plans: Safety protocols should be in place in case of leaks, accidents, fire, or explosions. These should include gas leak containment, escalation prevention, evacuation, and emergency exits and routes. The staff should be trained to perform emergency tasks through regular exercises and drills.
Provide functional PPE: The health risks from handling toxic substances are through contact and breathing. Personal protective equipment (PPE) appropriate to the level of danger should be supplied to staff for everyday use. These PPE can be goggles, gloves, respirators, or full body-chemical suits. PPE should be regularly inspected and maintained or replaced as necessary.
Efficient machinery: Equipment, portable and fixed tools, and heavy machinery used in facilities must comply with health and safety regulations. Regular checks and maintenance are a must.
Maintain PEL: Industrial facilities may involve one or more toxic and hazardous gases. Employers must ensure these gases’ levels are below legally permitted exposure limits (PEL) at all times, especially in high-risk workstations, by using fixed and portable gas detectors for early warning. Data logging through fixed detectors or other associated software can provide documentation for compliance. The detectors must be bump-tested and calibrated regularly.
Accessible First Aid: Employers must assess and provide the necessary type and amount of first aid kits, facilities, and personnel for swift remedial measures.
Delineate responsibilities: Work allotted to personnel must be delineated properly to avoid misunderstandings or responsibility gaps and ensure safety and health.
Maintain records: Employers must conduct and document their employee’s regular health checks. Gas exposure reports are also necessary for compliance.
Report accidents and injuries: Employers are legally obliged to report work-related injuries, diseases, and fatalities. They must also communicate the occurrence of any accidents. Time limits may apply.
Whistleblower protection: Employers cannot discriminate or retaliate against staff who report unsafe working conditions, regulation violations, or injuries under the “Whistleblower Protection” provisions.
Safe operations and effective emergency response are impossible without involving the staff through proper communication and training, as described next.
Communicate and Train Employees About Hazards
Personnel communication and training crucial for OSH can involve several measures, as shown below.
Provide communication on hazards: Employers with facilities that use or involve hazardous chemicals must develop a written communication informing personnel of the properties and all risks of the compounds. Accessible ‘Safety Data Sheets’ that cover dangers and necessary precautions must be provided. Also, posters should be used to inform staff of their rights and responsibilities.
Use safety signs: If any risk cannot be avoided or controlled, employers must use safety signs, color codes, labels, and posters to inform personnel of the potential dangers.
Post OSHA citations: In case of a violation, OSHA citations must be posted at the concerned workstation until the problem is corrected or for at least three days.
Gather feedback: Since employees are directly involved in the workstations, regular feedback collection and consultations are valuable inputs to make a facility safe. The subjects covered can be efficiencies of safety procedures, complaints, detection of malfunctioning equipment, or any other relevant needs to improve OSH.
Training: Provide adequate training and supervision for personnel to work safely without risk to their health. Staff must be informed about handling hazardous substances, work procedures, equipment use, gas detectors, safety procedures, and emergency response.
Language: Communication and training must be provided in a language and vocabulary that the concerned personnel understand.
Effective communication and training ensure personnel are well-informed and prepared and can help maintain a safe and healthy work environment. However, the employer has overall responsibility.
Adequate Monitoring
Measuring and monitoring the atmosphere for hazardous gases is critical to risk management and safety procedures. Accurate gas detectors that provide information in an easy-to-understand format accompanied by audio and visual alarms are essential as early warning systems. These can be followed by rapid corrective or escape activities to save health, lives, and the facility. Interscan offers tried and trusted portable GASD 8000 and fixed ACCU SAFE gas sensors to detect around 20 toxic and hazardous gases.
Learn more about how Interscan can keep your staff and facility safe
Sources
Ferguson, A. (2019, Dec 20). OSHA’s General Duty Clause. Retrieved from https://www.safetyandhealthmagazine.com/articles/19258-oshas-general-duty-clause
International Labour Organization. (n.d.). How can occupational safety and health be managed? Retrieved from https://www.ilo.org/topics/labour-administration-and-inspection/resources-library/occupational-safety-and-health-guide-labour-inspectors-and-other/how-can-occupational-safety-and-health-be-managed
OSHA. (n.d.). Employer Responsibilities. Retrieved from
https://www.osha.gov/workers/employer-responsibilities
OSHA. (2003, Dec 18). Standard Interpretations- Elements necessary for a violation of the General Duty Clause. Retrieved from https://www.osha.gov/laws-regs/standardinterpretations/2003-12-18-1
