A PRESENTATION ON EHS, PROVISION IN LABOUR LAW AND SUGGESTIONS

Shailesh BhattaraiCM III

nec-CPS

OUTLINES

INTRODUCTION TO EHSEHS ISSUES RELATED TO INFRASTRUCTURE DEVELOPMENT

1.ENVIRONMENTAL ISSUES2. OPERATIONAL HEALTH & SAFETY ISSUES

EHS PROVISION IN EXISTING LABOR LAWSUGGESTIONS FOR IMPROVEMENT IN LABOR LAW

INTRODUCTIONEHS-Environment Health & Safety – Fully adopted in developed countryNot in South AsiaResult- Labor is in risk

Generally 2 objectives:1. Prevention of incident or accidents that might

result from abnormal operating conditions.2. Reduction of adverse effect that result from

normal operating conditions .

Eg. Brick factories aroundBhaktapur, Lalitpur areasrelease harmful smokeinto the environment.Cement industries

ENVIRONMENTAL

1. Air Emission & Ambient Air Quality-cement dust contains Sox, NOx, Co2 emissions-heavy metals like chromium, nickel, cobalt, lead & mercurypollutants are hazardeous tolIving beings

2. Energy ConservationBuilding DesignConsumer ProductsAlternative Energy

3. Waste water & Ambient water Quality- fix standard

4. Water Conservation5. Hazardous Material Management

-syringe, medicines from hospitals-lead paints, adhesive, oils from construction industry

http://en.wikipedia.org/wiki/Environment,_health_and_safety

6. Waste Management-throwing out construction waste-recycling

7. Contaminated Land & Remediation-Management of solid and liquid waste

8. Release to water9. Release to land10. Use of raw materials & natural resources11. Energy emitted, heat/radiation/vibration

2. OPERATIONAL HEALTH & SAFETY1. General Facility in Design and Operation2. Communication and Training-Tool box Talk-Safety Trainings-Timely Health Check up

3. Hazards(Physical, Chemical, Biological, Radiological, other environmental Hazards)

4. PPE-Helmets-Safety Shoes -Gown5. Monitoring

ESH ISSUES IN LABOUR ACTLabour Act 1992Chapter -5 , Health & SafetyProvision related to Health & Safety-Keep workplace neat & tidy-Make necessary provisions for fresh air, adequate light and proper temperature-Managing waste disposal-Make necessary arrangement for dust free environment-Prevent workers from loud noise by providing PPEs-Room provision 15 cum; floor height <4 m-Portable water supply-Provision of separate toilets for male and female workers-Compulsory health check up once in a year

Protection of Eyes-Protection Device-welding, gas cutting-dust or pieces while working using mercury, magnet,

irons etcProtection from chemical substancesProvision for safety against fire-Fire Fighting Device-Modern EquipmentsHazardous machines to be fencedIn relation to lifting of heavy weight.

-Minors/Disputes relating to age

Environmental Issues

Environment Protection Act-1997EIA/IEEVague criteria (Areas)Crusher Industry criteria is ever varying

Suggestions for improvement in labour act

Labour issues are raisedEnvironmental issues are not definedHealth related issues

Eg. A person works 20-25 years in a brick industry. -Health gets severely deteriorated.-Can’t work in the industry furthermore.-Provision for pensions or incentives or assistance.

Training related to Safety has not been addressedEg. 2-3 months ago during septic tank construction 4 workers

were spot death due to electric shock- lack of safety trainings.Yearly, many people lose their lives due to scaffoldings

accidents.

Economic Assurance-Accidental insurance provision has not been

mentionedIn some case victims are provided treatment

cost while some are deprived of it-Bargain in the name of victim-Accidental or death issues are closed by

threatening the minors or providing some lump

Monitoring-major one-proper monitoring, regular investigation –

employer and labor are carefulEg. Ma Pa Se system.-regular system. So people don’t drink and drive.

Result- Minimization in accidents.

1. Recovery Policy -Economic Recovery-Mental Health

2.Strategic & Action Plan -Construction Safety Plan-Site Cleanliness-Labor Health-Site Safety

3.Insurance Policy -Labour Insurance(Accidental or Life)

4.Labor Rights -Related to women and monirs-Time frame-Wages & Incentives-Capacity of labor-Health check up

5.Trainings -Trainings to new labors-OSH Trainings-Tool Box Talk-Induction-Skill development Trainings-Periodic safety briefings

6. M&E -Safety Policies-Safety Considerations at Site-Implementation

SUMMARY

Environment

Define minimum criteria so as not to obstruct developmental worksDevelopment without destruction is not possibleGovernment initiation of land pooling and planning correction (Dor Area & Tar Area)

References

http://en.wikipedia.org/wiki/Environment,_health_and_safetyVaidya S.N ,"Occupational safety and health situation in Nepal”.Labour Act, 1992Gautam R., & Prasain J N. (2007). Current Situation of Occupational Safety and Health in Nepal (A Study report), Katmandu: GEFONT.ILO (International Labour Organisation) (2003). Decent construction work in Nepal.Katmandu: ILO.Environment Protection Act, 2053 (1997)