HSE Laws and Regulations

Soft Skills Programme

Nexus Alliance Ltd

Course Objective

Provide background of key international requirements

Expose managers to their duties

Explain employers duties to employees

Explain ‘duty of care’ under international convention

Introduce participants to Nigerian legal provisions

What the law expects from employees

IntroductionIntroduction

Definition of law

A piece of legislation which state rules, requirements, rights and regulations on an issue within the territory and enforceable within the territorial control by the legal system and the courts

HSE LegislationHSE Legislation

First health and safety legislation was enacted in 1802 Developed to Health and Safety at Work etc. Act

(HASWA) 1974 Reactive law Based on common law – duty of care imposed by

‘master’ to ‘servant’ Provide basis for other proactive legislations Provide a framework for development of Regulations,

and Codes of Practice.

RegulationsRegulations

•Carry same force of law and Specified Penalties

•Codes of Practice

•Based on standards defined by enforcement authority [HSE]

•Set on ‘ all that is reasonably practicable’

•Does not have weight of law

•Used as proof of non compliance with law

Common Legislative ThemeCommon Legislative Theme

Employers must:

Avoid or prevent exposure to risk, as far as is reasonably

practicable

Assess risks

Apply controls to reduce risks

Maintain and monitor controls

Provide information, instruction and training

Common Legislative ThemesCommon Legislative Themes

Employees must:

Co-operate with the employer

Use the control measures provided

Report hazards / shortcomings

Common Law – General Duty of CareCommon Law – General Duty of Care

The employer must take reasonable care to protect hisemployees from the risk of foreseeable injury, disease or death at work

The employer must provide and maintain:-

• a safe place of work with safe means of access and egress

• safe appliances, equipment and plant for doing the work

• a safe system for doing the work

• competent and safety-conscious personnel

“It shall be the duty of every employer to ensureensure so far as is reasonably practicable the health, safety and welfare at work of all employees”.

Section 2(1)Health & Safety at Work etc Act 1974

Reasonable Practicable

RiskCost

SeveritySeverityFrequencyFrequency

Nos AFFECTEDNos AFFECTED

££TimeTime

TroubleTroubleDifficultyDifficulty

Common Law Duty – Employee’s DutyCommon Law Duty – Employee’s Duty

Employees have a general duty of

care towards themselves and to

other people

HSE Regulations in Nigeria

Laws in Nigeria are neither adequate nor enforceable

Key problem is there is no regulatory agency with

enough teeth for enforcement

Most employees depend on trade union to get HSE

principles implemented

List of some more legislations

Minerals Oil and Safety Act

The Factory Act 1967, 1987

The Labour Act

The Workmen Compensation Act 1967, 1987

EIA Decree 82 of 1990

The New OHS Legislation

Early Nigerian Safety Laws

The Factories Act, 1957 (CAP 126 LFN), which protects the workers from employment related risks and hazards. It has subsidiary regulations and notices including.

A) The factories (Sanitary Accommodation) Regulations 1959 s53B) The first aid box (prescribed standards) order,1959 s43C) The Declaration of Occupational Disease Notice. 1959 s53D) The Dock (safety of labour) regulations 1958 s55E) The factories (registration etc fees) regulation, 1991

The Labour Act 1974 (CAP 198 LFN) complements the factories Act, stipulates on sick leave, hours of work, shift work, labour health areas, etc. Enforced by the Labour Inspectorate of FMEL & P

The Public Health Act, 1974 provides for cleanliness, adequate ventilation, prevention of overcrowding in factories and enforced by the Federal Ministry of Health.

Nigerian HSE legislations

The right to enjoy one hour break daily

Right to at least 1 day rest in a week

Work hours reduction to 40 hrs/week

Payment for overtime duties

Labour Act 1974Labour Act 1974

Health care of employees

Provision of first aid in offices and factories

Provision of clean and healthy environment

Security fencing of all machinery and equipment used industrially and all hazardous equipment etc.

Factory Act 1987Factory Act 1987

Enacted to ensure compensation for workers beyond provision by common law

Compensation alternative to the one provided under common law

Basis for compensation of injured worker

Defines various incapability up to death and occupational illness

Workmen Compensation Act 1987Workmen Compensation Act 1987

Environmental Regulation

Federal Environmental Protection Agency (Decree 59 of 1992)

List of Environmental Regulatory Agencies

1. The Federal Ministry of Environment formerly FEPA

2. The Department of Petroleum Resources (DPR)

3. The State Environmental Protection Agencies (SEPA’s)

4. The Local Government Environmental Protection Agencies

(LGEPA’s)

ILO Safety Convention

• Major hazards in installation conventions

• Petrochemical work and refineries,

• Chemicals works and chemical production

• LPG storage and terminals,

• Stores and distribution centers for chemicals, large fertilizer stores

• Explosive factories, and works in which chlorine is used in bulk quantities,

• Working environment and

• Noise convention ETC

Nigerian New OSH Legislation

Change of title from Factories Act to Occupational Safety & Health Laws.

Scope: all workplaces are included, and not just Factories alone.

Establishment of a Council to be headed by an Executive Secretary and a Governing Board of the Council headed by a part time chairman.

Every workplace to have a committee on Safety and Health

This legislation is made up of ten parts and some schedules, and provides obligation on employers

Any Questions?Any Questions?