OHS Laws in Pakistan

MOHTISHIM

Definition:

•Means by which to control aspects of work production that involve any degree of risk or danger that may cause injury or harm.

•This process eliminates such elements to ensure employee safety & health.

Occupational Health & Safety

The Reasons for OH & S:

•Eliminates possible danger•Safeguard employee productivity•Means to promote workplace processes•Protect employee rights•Maintain work health

For all Employees

There are a number of strategies that can be used by organizations to ensure a healthy and safe workplace and insure compliance with legal requirements, some are:

Management’s Role in Employee Safety

Management’s Role in Employee SafetyCont’d

What is meant by the term Law?

The body or set of rules and regulations to build social control in an area or society are called laws.The basis of laws differs from society to society. Somewhere laws are built on basis of morality and norms that prevails in that particular area. In such areas laws are oral, no proper documentation exist. Such areas are mostly traditional and underdeveloped.While in modern societies laws exist in documented forms. In such societies rationality and logic is the basis of law (Jurisprudential Approach).

What is meant by Labor law?Labor laws mediates the relationships

between workers (employees), employers and government.

There are two types of labor laws:Collective labor law that relates to

the tripartite relationship between employee, employer and the union, association or the government.

Individual labor law that covers employee`s workplace rights enforced by the agency where he/she is working.

Labor laws in constitution of Pakistan

Article 11 prohibits all forms slavery , forced labor and child labor.• Slavery is non existent and forbidden and no law shall permit or facilitate its

introduction into constitution in any form.• All forms of forced labor and traffic of humans are prohibited.• No child below the age of 14 shall be engaged in any factory or mine or any

hazardous employment.• Every citizen shall have the right to form association or unions, subject to any

reasonable restriction imposed by the law in the interest of public order.• Every citizen not being in the service of Pakistan, shall have the right to form or

be the member of any political party subject to any reasonable restrictions imposed by Law in the interest and sovereignty and integrity of Pakistan and such law provide that where the federal government declares any political party has been formed or is operating in a manner prejudicial to the sovereignty and integrity of Pakistan, the federal government shall, within 15 days of such declaration refer the matter to the Supreme Court of Pakistan whose decision on such reference shall be final.

Article 18 prescribe the right of its citizens to enter upon any lawful profession or occupation and to conduct any lawful trade and business.

Article 25 lays down the right to equality before and prohibition of discrimination on grounds of sex alone.

• All citizens are equal before the law and are entitled to equal protection of law.

• There shall be no discrimination on the basis of sex.• Nothing in this article shall prevent the state from making any special

provision (responsibility) for the protection of women and children.Article 37(e) makes provisions for securing just and humane conditions for

work and, ensuring that children and women are not employed in vocation(particular occupation) unsuited to their age and sex and for maternity benefits of women in employment.

Critical analysis on the labor laws contained in the Constitution of PakistanThere is need of amendment in the article 11 as it failed its purpose of introduction.

Like;• Slavery still prevails in large scale in the rural areas as well as in the urban areas.• Heap of women and child are force to work in Brick Kilns, factories and

agricultural lands.• Almost all the children who are forced to work or work willingly have age below

14.• The influentials involved in human trafficking, forced labour (child-women) are

either the part of the legislature or have influence on the legislature persons. Different types of associations and unions are made but there is no proper check and

balance on such associations and unions. Like;• CNG cartels, Clerks unions, Drivers associations, Teachers associations etc boycott

there work and go for protest against the system and try blackmail the government.• These cartels and associations hoard commodities in accordance with the situation

to get extra personal benefits.• Most of the parties have heavy illegal armed wings operating and enjoying liberty

in their respective arenas. They also enjoy their relations inside the legislature.

Safety and Health Laws in Pakistan

• There is no independent legislation.• The main law is the Factories Act, 1934 (chapter 3).• The Hazardous Occupations Rules, 1963 under the

Factories Act is another relevant legislation.

These rules specify some hazardous occupations. Authorize the Chief Inspector of Factories to declare any other

process as hazardous.

• The Factories Act, 1934 does not directly apply to the E&P facilities.

Related Laws

• Dock Laborers Act, 1934• Mines Act, 1923Workmen Compensation Act, 1923• Provincial Employees Social Security Ordinance, 1965• West Pakistan Shops and Establishments Ordinance, 1969• Boilers and Pressure Vessels Ordinance, 2002

Safety and Health Laws in Pakistan

Oil & Gas FieldsSafety Related laws

• Mines Acts,1923 (Chapter 5 -Health and Safety)

• Consolidated Mines Rules, 1952

• Oil & Gas (Safety in Drilling &

Production) Regulations,1975

Mines Act 1923 Mines Act 1923

Mines Act, 1923 is a Federal Legislative frame-work empowering the Provincial Governments to make Rules and Regulations for their respective Provinces for different categories of mines.

Consolidated Mine Rules 1952 Consolidated Mine Rules 1952 These are set of laws sub-ordinate to Act concerning the condition of employment; health, sanitary and welfare aspects of personnel employed at mines. They are, therefore, common to all types of mines.

• Mines Act is a law relating to Safety of Mines and Safety Health and Welfare of Mine Workers. The history of regulation of labour in Mines is chequred. This subject remained on the federal list till 1962.

• Currently subject of safety in Mines is on the concurrent list of the constitution i.e. laws for Radio Active Minerals, Oil and Gas Field are the responsibilities of federal government while all other minerals are the domain of provincial governments.

Mines Act 1923 Mines Act 1923

ObjectivesObjectives• Regulation of working of mines;• Safe working environments in mines;• Identification of mines hazards and their control;

DefinitionDefinition“Agent” means: A Person: •Who is representative of the owner;• Who is superior to Manager.“Mine” means: Any excavation conducted for:•Search for minerals or obtaining for minerals;•Whether such operation has been conducted or is beingconducted.

THE MINES ACT, 1923 CHAPTER V PROVISIONS AS TO HEALTH AND SAFETY

• 17. Conservancy.— There shall be provided and maintained – latrine and urinal accommodation– supply of water fit for drinking,

• 17A. Canteens

• 17B. Shelters/Rest room

• 18. Medical appliances. – supply of ambulances or stretchers, and of splints, bandages and other medical

requirements, shall be kept ready at hand in convenient place and in good and serviceable order.

• 18A. First Aid rooms.– shall be provided first-aid rooms of such size, with such equipment and in charge of such

medical and nursing staff as may be prescribed.

CONSOLIDATED MINES RULES, 1952 • CHAPTER I Sanitary and Health Provisions

– At every mine, a sufficient supply of wholesome and cool drinking water shall be provided and maintained on the surface for all work-person at suitable points close to the place where they are employed and reside

• CHAPTER II Medical appliances. – Adequate arrangements are made for the training of men in ambulance work.– First-aid room shall also be provided with—

• (a) a table, with a cup board, of convenient height and size whereon the stretcher could be placed;• (b) a bench or four chairs and one screen ; (c) a glazed sink with running hot and cold water ; (d) soap, towels and a nail brush ;

(e) a pair of artery forceps ; (f) one eyebath ; (g) two clinical thermometers ;• (h) two hypodermic syringes (5 cc) wirn suitable needles ; (i) one sterilizer bowl with arrangements for boiling water ; (j) one

stethoscope ;

• CHAPTER III Canteen• The canteen building shall be constructed in accordance with the plans approved by the Chief Inspector and shall

contain at least a dining hall, kitchen, store-room and pantry, and separate washing places for— (i) male workers; (ii) female workers; and (iii) utencils.

• The canteen building shall be situated at a distance of no) less than fifty feet from any latrine, urinal, boiler house, coal stacks, ash dumps and any other source of dust, smoke or obnoxious fumes:

– CHAPTER IV Safety of Surface – Any dangerous place in or about an excavation or which has subsided or likely to subside shall

be kept securely fenced on the surface.

16. (1) The duties of Welfare and Safety Officer shall be :(vi)to bring to the notice of the manager any unsafe equipment or practice at the well or field which is dangerous to the safety or health of the person employee

(vii) to educate the employees in the necessity and the proper use of protective equipment and clothing and breathing apparatus ;

(vi)to organize and supervise for the person employed at the well or field training in First Aid to the injured ;

(vii) to arrange the training of employees before and in course of their employment for imparting knowledge of the operations at which they are to be or are employed.

(viii) to organize Committees on the matters of safety, Welfare and Productions as to ensure better productivity with high standard of safety

(vi)to perform any other duty connected with the welfare and safety of persons employed at the well or field as assigned to him by the manager .

Oil & Gas (Safety in Drilling & Production) Regulations,1975

Chapter XXVI240. At no working place concentration of hydrogen sulfide shall be allowed to exceed a limit of

twenty parts per million and suitable instruments shall be used to measure its

concentration once in twenty four hours at each working place and recorded in a book.

240. (1) If at any time the concentration of hydrogen sulfide at any working place is found to

exceed the limit of twenty parts per million, all persons in that place and others likely to be

affected shall be withdrawn and the place shall be immediately fenced so as to prevent

persons inadvertently entering the same. All corrective measures shall be taken under the

supervision of a competent person appointed by the manager and no person shall be

readmitted until that working place has been inspected by the manager or person

appointed by him in that behalf and found to be in accordance with regulation

Chapter XXXVI• PRECAUTIONS AGAINST FIRES

340.(1) All area within a radius of 90 meters of a well or well-head tank or separator or a place likely to contain accumulation of inflammable gas or vapour shall be designated as hazardous area by displaying sufficient number of warning notices in such area.

(2) No person shall carry or have in his possession in a hazardous area any match, smoking apparatus or any apparatus of any kind or striking a light except when so authorized in writing by a permit.

(3) No electric light bulbs shall be changed or electric fittings altered in a hazardous area while the current is on.

341. Suitable and accurate instruments in working order shall be available to measure the concentration of inflammable and toxic gas or vapors in the air .

342. All electrical equipment, fittings, hand lamp or torch installed or operated within a radius of 15 meters of a well or well-head or separator or a place likely to contain accumulation of inflammable gas or vapors shall be of flameproof or intrinsically safe construction and shall be so maintained during its use.

Chapter XXXVI• PRECAUTIONS AGAINST FIRES

345.No person shall make naked light or fire or weld in hazardous area except under a valid permit and suitable notices shall be posted to this effect.

345.The manager of a well shall appoint a competent person who after completely satisfying himself may issue a permit to carry match or apparatus for causing ignition or to make naked light or fire or weld in any hazardous area for such time and on such conditions which he may deem necessary and prescribe on the permit.

346.Disposal of waste inflammable liquids shall be done only by burning in flare pits and of inflammable gases or vapour by burning in flare stacks.

347.Oily rags, cotton waste and other refuse shall be removed out of hazardous area and destroyed.

Chapter XXXVII• FIRE FIGHTING AND EQUIPMENT

351. As soon as fire is observed or the fire alarm given in any area in which operations for, or subsidiary to, the winning of oil or gas are carried on -

(a) every person employed in connection with such operations shall be bound to render every assistance in his power to the person in charge of anti-fire measures ; and

(b) within the area likely to be effected by fire –

(i) the person in charge of a flowing well shall shut the gate valve of such well ;(ii) the person in charge of a pumping well shall be responsible that pumping is stopped.(iii) the person in charge of a drilled well of any description shall be responsible that the

contents of the well-head tanks are, as far as possible ; transferred to tanks outside such area ; and

(iv) the person in charge of tanks containing inflammable liquids shall be responsible that the liquids are, as far as possible, transferred to tanks outside such area.

Chapter XXXVII• FIRE FIGHTING AND EQUIPMENT

353. For the purpose of dealing with fire, sufficient number of hydrants with fog nozzles and adequate lengths of hose pipes shall be provided for each vulnerable point at a distance of not less than 90 meters. The hydrants shall be connected to a source which can deliver at least 5000 liters of water per minute at 7 kg/sq cm nozzle pressure and so maintain during whole time the fire fighting operations are being conducted.

354.A layout diagram of fire fighting services shall be prominently displayed.

355.Each and every equipment installed or maintained in compliance with regulations and shall be tested or examined at least once in every week and also when an inspector so requires.

356.1) Sufficient number of persons shall always be employed who are trained in the use of fire fighting equipment provided in compliance with these regulations.

(2) Fire fighting drills shall be carried out at least once a week

357. Fire blanket shall always be kept readily available for use of persons affected by fire.

Chapter XXXVIII• PERSONAL PROTECTIVE EQUIPMENT

358. No person shall be allowed to work or to be present at any place where a danger of head injury exists unless he is provided with and wearing a suitable safety hat.

359. No person shall be allowed to handle hazardous chemical liquids, powders or vapors or to be present in the vicinity of such handling operations unless he is provided with and wearing a splash-proof safety goggles, rubber apron, mask, gloves and suitable footwear.

360. No person shall be allowed to work or to be present at any place where a danger of injury to the eye from flying or falling particles or objects exists, unless he is provided with and wearing an impact-type safety goggles.

361. No person shall be allowed to perform electric are or acetylene gas cutting or welding or to be present near such operations unless he is provided with and wearing a suitably shaded safety goggles.

362. No person shall be allowed to handle rough or moving surface unless he is provided with and wearing suitable hand gloves.

363. No person shall be allowed to work at any place where there is a reasonable danger of foot injury, unless he is provided with and wearing safety shoes.

364. No person while wearing neckties, gauntlet type gloves and baggy, loose or ragged clothing shall be allowed to work or be present around moving machinery.

Chapter XXXIX• BREATHING APPARATUS

365. No person shall be allowed to enter any place where toxic vapors are present or there is deficiency of oxygen unless he has been provided with and is wearing a breathing apparatus of suitable type.

366. In all working places where the atmosphere is likely to become toxic by any reason, sufficient number of breathing apparatus of suitable type and in good working order shall be always available to allow escape of all persons employed at that place and also to conduct rescue and recovery, if so necessary. All persons employed at such working places shall be adequately trained in the use of such breathing apparatus.

367. Canister and filter type masks shall be used as breathing apparatus only in that toxic atmosphere for which they are designed and shall not be used in a place where the oxygen content of the atmosphere is less than 17% by volume.

368.(1) No person shall use or be allowed to use a fresh air hose mask unless he is wearing a safety belt with a life line and another person is appointed with no other duties except to be in constant communication with the person wearing the mask and to ensure that he gets an un-interrupted supply of air. (2) The air being supplied to the mask whether from atmosphere, storage cylinder or compressor shall be tested to be free of toxic vapors.

369.No person, wearing a self-contained breathing apparatus, shall enter or be allowed to enter a toxic atmosphere unless he is accompanied by another person wearing a breathing apparatus.

Chapter XL• SAFETY BELTS

370.Every person when employed on any structure which is four meters or more above the ground level, shall be provided with and wear a safety belt attached to a properly secured tail rope of length not more than two meters.

371.Every person required to enter a tank, vessel or confined space shall be provided and wear a safety belt attached to a tail rope tender by another person stationed outside the entrance.

372.Each safety belt, its rope and the object to which the safety belt rope is secured shall be strong enough to withstand at least the strain caused by weight of 100 kg dropping from distance of two meters.

373.The safety belts referred to in these regulations shall be of harness type and the safety belts and tail ropes shall be kept in good condition at all times.

Creating a Safe Work Environment

Safety Motivation and Knowledge

Safety Awareness Programs

Enforcement of Safety Rules

Accident Investigations and Records

Elements in Creating a Safe Work Environment

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