Occupational Health and Safety AuthorityOccupational Health and Safety AuthorityFriday 28Friday 28thth May 2010 May 2010

H&S Education Dept.H&S Education Dept.EXPO 2010EXPO 2010

OHS Management in SchoolsOHS Management in Schools By: Kevin GauciBy: Kevin Gauci

Principal OHS OfficerPrincipal OHS Officer

OHSAOHSA

The Occupational The Occupational Health and Safety Health and Safety

Authority was Authority was established in 2000 by established in 2000 by virtue of Act XXVII of virtue of Act XXVII of

2000 (Cap 424)2000 (Cap 424)

The Act shall apply to all The Act shall apply to all workplaces, to all sectors of workplaces, to all sectors of activity, both public and activity, both public and private… including schoolsprivate… including schools

Applicability of ActApplicability of Act

It is the duty of the Authority to :It is the duty of the Authority to : monitor compliancemonitor compliance promote the dissemination of promote the dissemination of

informationinformation promote education and trainingpromote education and training

What are the duties of the What are the duties of the OHSAOHSA??

collate and analyse datacollate and analyse data carry out investigationscarry out investigations promote and carry out researchpromote and carry out research keep registers of persons competent keep registers of persons competent

to give advice…..to give advice…..

Duties of OHSADuties of OHSA

Any “guilty” person is Any “guilty” person is liable to imprisonment for liable to imprisonment for a period of not more than a period of not more than 2 years2 years or to a fine of not or to a fine of not less than less than €€466 466 but not but not exceeding exceeding €€11.64611.646, or , or both.both.

The Court may also The Court may also cancel all licenses, cancel all licenses, warrants or permitswarrants or permits

Main Causes of Legal Actions Main Causes of Legal Actions against Employers against Employers

Failing to carry out a risk assessmentFailing to carry out a risk assessment Not certifying lift, cranes and boilersNot certifying lift, cranes and boilers Not providing first aiders at the place of workNot providing first aiders at the place of work No safety signsNo safety signs Providing poor health and safety standards on the Providing poor health and safety standards on the

workplace.workplace. Machines not guardedMachines not guarded Accident investigationsAccident investigations Not notifying the OHSA for construction worksNot notifying the OHSA for construction works Asbestos/ chemical casesAsbestos/ chemical cases Failing to enforce the use of PPEFailing to enforce the use of PPE Failing to provide for free any PPE requiredFailing to provide for free any PPE required

OHS Authority Act, 2000OHS Authority Act, 2000 OHS Appeals Board (Procedural)OHS Appeals Board (Procedural) Workplace (First Aid)Workplace (First Aid) WP (Min. H&S requirements)WP (Min. H&S requirements) WP (Provision of H&S) SignsWP (Provision of H&S) Signs Min. H&S Requirements for work with Min. H&S Requirements for work with

Display Screen EquipmentDisplay Screen Equipment

OHS RegulationsOHS Regulations

General provisions for H&S at WPGeneral provisions for H&S at WP Protection of Maternity at WorkProtection of Maternity at Work Protection of Young PersonsProtection of Young Persons Protection against risks of back injury at Protection against risks of back injury at

WPWP Control of Major Accident HazardControl of Major Accident Hazard Nuclear Safety and Radiation ProtectionNuclear Safety and Radiation Protection

OHS Regulations..OHS Regulations..22

Minimum requirements for the use of personal protective equipment

Protection of workers from the risks related to exposure to carcinogens or mutagens at work

Protection of workers from the risks related to exposure to asbestos at work

OHS RegulationsOHS Regulations..3..3

Protection of the Health and Safety of Protection of the Health and Safety of Workers from the Risks related to Workers from the Risks related to Chemical Agents at Work Regulations, Chemical Agents at Work Regulations, 20032003

Protection of Workers from Risks related Protection of Workers from Risks related to Exposure to Biological Agents at Work to Exposure to Biological Agents at Work Regulations, 2003Regulations, 2003

OHS RegulationsOHS Regulations..4..4

Building Safety 1968Building Safety 1968 Factories (H,S&W) 1986Factories (H,S&W) 1986 Factories (Superintendence and Control Factories (Superintendence and Control

of Plant) 1954of Plant) 1954 Factories (Woodworking Machinery) 1949Factories (Woodworking Machinery) 1949 Power Presses 1984Power Presses 1984 Steam and Hot Water Boilers 1976Steam and Hot Water Boilers 1976

OHS RegulationsOHS Regulations..5..5

QuarriesConfined spaces and Explosive

atmospheresBuilding and ConstructionNoiseWork EquipmentVibrationsArtificial Optical Radiation

Other RegulationsOther Regulations

Who is responsible for Who is responsible for maintaining the Health and maintaining the Health and Safety at the Place of work? Safety at the Place of work?

(OHS)(OHS)

It is the duty of the EMPLOYERIt is the duty of the EMPLOYER to to ensure the health and safety at all ensure the health and safety at all times of all persons who may be times of all persons who may be affected by the work being carried affected by the work being carried out for such employer.out for such employer.

Who is an Employer?Who is an Employer?

Any person for whom work or service Any person for whom work or service is performed by a worker or who has is performed by a worker or who has an employment relationship with a an employment relationship with a worker, and includes a Head of worker, and includes a Head of schools and Asst. Heads of School.schools and Asst. Heads of School.

Who is an Employer?Who is an Employer?

In respect of all other organizations or In respect of all other organizations or in respect of any other form of in respect of any other form of employment under a contract of employment under a contract of service, includes any of the persons service, includes any of the persons in overall direction or having day to in overall direction or having day to day management.day management.

Where an employer enlists outside Where an employer enlists outside services, this shall not discharge services, this shall not discharge him from his responsibilities.him from his responsibilities.

Workers’ obligations in the field of Workers’ obligations in the field of OHS shall not affect the principle of OHS shall not affect the principle of the responsibility of the employer.the responsibility of the employer.

IMPORTANT TO NOTEIMPORTANT TO NOTE

Duties of an employerDuties of an employer

Avoiding riskAvoiding risk Identification of hazardsIdentification of hazards Evaluation of unavoidable risksEvaluation of unavoidable risks Control at source of unavoidable risksControl at source of unavoidable risks Reducing risks as much as Reducing risks as much as

reasonably practicablereasonably practicable

Duties of EmployerDuties of Employer

Should safeguard the health and Safety of Should safeguard the health and Safety of third parties.third parties.

This includes but is not limited to:This includes but is not limited to: Students Students VisitorsVisitors

ContractorsContractors

Any Questions!!!!!Any Questions!!!!!

Thank You Thank You for your attention for your attention and have a nice and have a nice

daydayKevin.m.gauci@gov.mt

Tel: 2124 7677