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ADVANCE TOURISM TRAINING PROGRAM INTRODUCTION TO OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved.

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Presentation on theme: "ADVANCE TOURISM TRAINING PROGRAM INTRODUCTION TO OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved."— Presentation transcript:

1 ADVANCE TOURISM TRAINING PROGRAM INTRODUCTION TO OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved

2 Presentation 1 April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved John Schembri, MSc (Sy & RM)

3 Objectives April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved To provide a comprehensive overview of the OHS process, by Introducing the Legal requirements Explaining the OHS structure in Malta Explaining the general duties and responsibilities relating to OHS Explaining the various roles, duties and responsibilities as applicable to the Workplace / Industry: Contractors Supervisors Workers All persons on site

4 Presentation Structure April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved Part I – The OHSA Act and OHS Structure in Malta Part II – General Overview of OHS Laws in Malta Part III – Duties at Law Employers Employees Part IV – Characteristics of Safe Systems of Work

5 The OHSA Act and OHS Structure in Malta April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved Part I

6 OCCUPATIONAL HEALTH AND SAFETY AUTHORITY ACT CHAPTER 424 [ACT XXVII of 2000] April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved Title

7 April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved Key Definitions

8 “Employer” April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved Any person for whom work or service is performed by a worker or who has an employment relationship with a worker, and includes: a contractor or subcontractor who performs work or supplies a service or undertakes to perform any work or to supply services. In relation to work performed under a contract for services means the contractor or subcontractor; Does not include the directors, managers, partners or owners, occupiers or possessors on behalf of whom work is being carried out; Except to such extent as regards any tools, materials or equipment provided by them with regard to any defects thereof or therein which are known and not declared or which could have been known; In respect of all other organisations including voluntary ones, or in respect of any other form of employment under a contract of service includes any of the persons in overall direction or having day to day management

9 “Work” April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved Any: duty, activity, task or service producing a product or result, and being performed for payment or for free or in exchange for goods, for services, for profit or for benefit.

10 “Worker” April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved Means any person employed by an employer to perform work, or who provides a service to another person under a contract of service or for service, and includes a trainee, an apprentice and a self-employed person, but shall not include the crew of a vessel registered in Malta or any other person employed thereon as part of the ship complement;

11 “Workplace” April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved Means any: premises, place, facility, vessel or other thing or location, whether public or private, where work is carried out or to which the worker has access in the course of his employment, Including a vehicle or vessel where such vessel is within a port in Malta or the internal or territorial waters thereof, or at any dockyard, harbour or other similar installation in Malta, other than a warship belonging to a foreign state.

12 Applicability April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved This Act applies to all work places; all sectors of activity, both public and private, and to all work activities, But ….. shall not apply to activities carried out by members of the AFM, Malta Police Force or Civil Protection services. Providedthat the health and safety of the above workers must be ensured as far as reasonably possible in the light of the overall scope of those services.

13 OHS STRUCTURE April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved MINISTER OHS Authority CHAIRMAN / CEO MEMBERS ESTABLISHMENT, POWERS AND FUNCTIONS APPEALS

14 General Overview of OHS Laws in Malta April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved Part II

15 April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved L.N. 353/2007 - Protection of the Health and Safety of Workers from the Risks related to Chemical Agents at Work (Amendment) Regulations, 2007 L.N. 353/2007 - Protection of the Health and Safety of Workers from the Risks related to Chemical Agents at Work (Amendment) Regulations, 2007 L.N. 231/2007 - Inspection of Lifts Regulations, 2007 L.N. 323/2006 - Protection of Workers from the Risks related to Exposure to Asbestos at Work Regulations, 2006 L.N. 323/2006 - Protection of Workers from the Risks related to Exposure to Asbestos at Work Regulations, 2006 L.N. 158/2006 - Work Place (Minimum Health and Safety Requirements for the Protection of Workers from Risks resulting from Exposure to Noise) Regulations, 2006 L.N. 158/2006 - Work Place (Minimum Health and Safety Requirements for the Protection of Workers from Risks resulting from Exposure to Noise) Regulations, 2006 L.N. 371/2005 - Work Place (Minimum Health and Safety Requirements for the Protection of Workers from Risks resulting from Exposure to Vibration) Regulations, 2005 L.N. 371/2005 - Work Place (Minimum Health and Safety Requirements for the Protection of Workers from Risks resulting from Exposure to Vibration) Regulations, 2005

16 April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved L.N. 06/2005 - Control of Major Accident Hazards (Amendment) Regulations, 2005 L.N. 283/2004 - Protection of Young Persons at Work Places (Amendment) Regulations, 2004 L.N. 283/2004 - Protection of Young Persons at Work Places (Amendment) Regulations, 2004 L.N. 282/2004 - Work Equipment (Minimum Safety and Health Requirements) Reg., 2004 L.N. 282/2004 - Work Equipment (Minimum Safety and Health Requirements) Reg., 2004 L.N. 281/2004 - Work Place (Minimum Health and Safety Requirements for Work at Construction Sites) Regulations, 2004 L.N. 281/2004 - Work Place (Minimum Health and Safety Requirements for Work at Construction Sites) Regulations, 2004 L.N. 41/2004 - Work Place (Minimum Requirements for Work) (Confined Spaces and Spaces having Explosive Atmospheres) Regulations, 2004 L.N. 41/2004 - Work Place (Minimum Requirements for Work) (Confined Spaces and Spaces having Explosive Atmospheres) Regulations, 2004

17 April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved L.N. 379/2003 -Protection of Workers in the Mineral Extracting Industries through Drilling and Workers in Surface and Underground Mineral Extracting Industries Regulations, 2003 L.N. 379/2003 -Protection of Workers in the Mineral Extracting Industries through Drilling and Workers in Surface and Underground Mineral Extracting Industries Regulations, 2003 L.N. 228/2003 - Protection of Workers from Risks related to Exposure to Biological Agents at Work Regulations, 2003 L.N. 228/2003 - Protection of Workers from Risks related to Exposure to Biological Agents at Work Regulations, 2003 L.N. 227/2003 - Protection of the Health and Safety of Workers from the Risks related to Chemical Agents at Work Regulations, 2003 L.N. 227/2003 - Protection of the Health and Safety of Workers from the Risks related to Chemical Agents at Work Regulations, 2003 L.N. 122/2003 - Regulations on the protection of workers from the risks related to exposure to carcinogens or mutagens at work, 2003 L.N. 122/2003 - Regulations on the protection of workers from the risks related to exposure to carcinogens or mutagens at work, 2003 L.N. 121/2003 - Minimum requirements for the use of personal protective equipment at work regulations, 2003 L.N. 121/2003 - Minimum requirements for the use of personal protective equipment at work regulations, 2003

18 April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved L.N. 120/2003 - Regulations establishing a first list of indicative occupational exposure limit values on the protection of the health and safety of workers from the risks related to chemical agents at work, 2003 L.N. 120/2003 - Regulations establishing a first list of indicative occupational exposure limit values on the protection of the health and safety of workers from the risks related to chemical agents at work, 2003 L.N. 37/2003 - Control of Major Accident Hazard Regulations, 2003 Arrangement of Regulations L.N. 37/2003 - Control of Major Accident Hazard Regulations, 2003 Arrangement of Regulations L.N. 36/2003 - General Provisions for Health and Safety at Work Places Regulations, 2003 L.N. 36/2003 - General Provisions for Health and Safety at Work Places Regulations, 2003 L.N. 35/2003 - Protection against Risks of Back Injury at Work Places Regulations, 2003 L.N. 34/2003 - Factories (Night Work by Women) (Repeal) Regulations, 2003

19 April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved L.N. 45/2002 - Workplace (Provision of Health and, or Safety Signs) Regulations, 2002 L.N. 44/2002 - Workplace (Minimum Health and Safety Requirements) Regulations, 2002 L.N. 44/2002 - Workplace (Minimum Health and Safety Requirements) Regulations, 2002 L.N. 43/2002 - Minimum Health and Safety Requirements for Work with Display Screen Equipment Regulations, 2002 L.N. 43/2002 - Minimum Health and Safety Requirements for Work with Display Screen Equipment Regulations, 2002 L.N. 11/2002 - Workplace (First Aid) Regulations, 2002 L.N. 10/2002 - Occupational Health and Safety Appeals Board (Procedural) Regulations, 2002 L.N. 10/2002 - Occupational Health and Safety Appeals Board (Procedural) Regulations, 2002

20 April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved L.N. 92/2000 - Protection of Maternity at Work Places Regulations, 2000 L.N. 91/2000 - Protection of Young Persons at Work Places Regulations, 2000 L.N. 52/1986 - Factories (Health, Safety and Welfare) Regulations, 1986 L.N. 25/1984 - Power Presses Regulations, 1984 L.N. 34/1976 - Steam and Hot Water Boilers Regulations, 1976

21 April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved L.N. 96/1968 - Building (Safety) Regulations, 1968 L.N. 47/1964 - Factories (Hoists and Lifts) Regulations, 1964 G.N. 340/1954 - Factories (Superintendence and Control of Plant) Regulations, 1954 G.N. 340/1954 - Factories (Superintendence and Control of Plant) Regulations, 1954 Chapter 169 Factories Ordinance of 1953 - Dock Safety Regulations, 1953 Chapter 169 Factories Ordinance of 1949 - Factories (Woodworking Machinery) Regulations, 1949hapter 169 Factories Ordinance of 1949 - Factories (Woodworking Machinery) Regulations, 1949

22 Duties and Responsibilities of Employers and Employees (Sect.6) April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved Part III

23 General Provisions April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved It is the duty of an employer to ensure the health and safety at all times of all persons who may be affected by the work being carried out for such employer; Where an employer enlists competent* external services or persons, the employer shall not be discharged duties arising out of this Act and out of regulations made under this Act: The workers’ obligations in the field of occupational health and safety shall not affect the principle of the responsibility of the employer.

24 Specific Duties of Employers April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved The employer shall provide information, instruction, training and supervision as is required to ensure occupational health and safety. The employer shall ensure that a Workers’ H&S Representative (or Representatives) shall be elected, chosen or otherwise designated and who shall be consulted in advance and in good time by the employer on matters which may affect OHS.

25 Safety Measures to be in accordance with principles of prevention April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved The measures that need to be taken by an employer to prevent physical and psychological occupational ill-health, injury or death, shall be taken on the basis of the general principles of prevention.

26 Specific Measures to be taken by the Employer April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved Shall avoid risk; Shall identify hazards associated with work; Shall evaluate risks which cannot be avoided; Shall control at source those risks which cannot be avoided; Shall take all the necessary measures to reduce risk as much as reasonably practicable, including the replacement of the hazardous by the non-hazardous or by the less hazardous; giving collective protective measures priority over individual protective measures;

27 [Cont’d ……… Specific Measures to be taken by the Employer.] April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved Adapting the work to the worker, taking into account: the design of work places, the choice of work equipment and the choice of working and production methods the nature of the work, in particular with a view to alleviating monotonous work and work at a predetermined work-rate, and to reducing their effect on health; Adapting to technical progress in the interest of occupational health and safety; Developing a coherent overall prevention policy which covers technology, the organisation of work, working conditions, social relationships factors related to the working environment.

28 Duties of Workers April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved It shall be the duty of every worker to safeguard one’s own health and safety and that of other persons who can be affected by reason of the work which is carried out. It shall be the duty of every worker to co-operate with the employer and with the Health and Safety Representative or Representatives at the work place on all matters relating to health and safety.

29 Powers of Officers April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved An officer appointed by the OHSA shall have the following powers: to enter freely without previous notice in any work place at any time of day or night; to request the assistance of a member of the Police force in the execution of the officer’s duties; to question: alone or in the presence of witnesses; including the person putting forward a complaint; any employer or worker; including any person acting on behalf of any employer or carrying out work for such employer; on any of the matters falling under this Act; or under any regulations made;

30 April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved to inspect any document prescribed by this Act; or by any regulation made; or any book, document, design, plan, or list of technical specifications which may throw light with regard to OHS at any work place; to take possession, against receipt, of any object required for tests or as evidence of any occupational accident, injury or disease, or of any alleged violation of this Act or of any regulations made thereunder; to examine work places and any objects therein, to take samples for examination of any article, substance or material found in any workplace for the purpose of protecting occupational health and safety, to ensure that such samples are preserved for use as evidence in any proceedings taken in accordance with this Act;

31 April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved to order that nothing be disturbed at a work place for any period which may be reasonably required for the purpose of any: examination, investigation or inspection to require the operation or the setting in motion of any: equipment, machine, device, thing or process, as well as the operation of any system or procedure which, in the opinion of the officer, may be relevant to any examination, investigation or inspection;

32 April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved to require any employer to provide at the employer’s expense - a certificate signed by an architect and civil engineer relating to the safety of any building or structure, including any temporary structures; mechanical or electrical installation, as the case may be, including any temporary installation; a certificate signed by a medical practitioner relating to the occupational health of any worker or any class of workers, which shall be presented to a medical officer of the Authority; any information relative to occupational health and safety, including information which refers to protective measures;

33 April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved To require any employer, agent, manufacturer, importer, supplier, user or other person to provide at their expense any document, certificate or list of technical specifications in relation to any matter concerning OHS, the method of handling or use of any plant, installation, equipment, machinery, article, substance or chemical which is used or intended to be used at work; and for the purposes of a prosecution for any offence under this Act, or for the purposes of any appeal to the Appeals Board against an order by an officer, to disclose to the Court or to the Appeals Board such results or information received or collected during the course of the investigations.

34 April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved An officer shall not enter a work place which is at the time used as a dwelling house without the consent of the occupier, or unless that officer is accompanied by a police officer not below the rank of Inspector.

35 CHARACTERISTICS OF SAFE SYSTEMS OF WORK April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved Part IV

36 GENERAL PRINCIPLES OF CONTROL April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved PLAN DO CHECK ACT LEGAL COMPLIANCE RISK ASSESSMENT DEVELOP A SAFE SYSTEM PREPARE FOR SAFE SYSTEM DOCUMENTATION COMMUNICATION AND TRAINING MONITORING AND CONTROL

37 PRINCIPLES OF PREVENTION April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved 1. Avoid risk as much as reasonably possible; 2. Identify all hazards associated with work; 3. Evaluate risks which cannot be avoided (resultant risk); 4. Control at source resultant risk;

38 April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved 5.Take all the necessary measures to reduce resultant risk as much as reasonably practicable, including the replacement of the hazardous by the non-hazardous or by the less hazardous; giving collective protective measures priority over individual protective measures;

39 April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved 6.Adapting the work to the worker, taking into account: the design of work places, the choice of work equipment and the choice of working and production methods the nature of the work, in particular with a view to alleviating monotonous work and work at a predetermined work-rate, and to reducing their effect on health;

40 April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved 7. Adapting to technical progress in the interest of occupational health and safety; 8. Developing a coherent overall prevention policy which covers technology, the organisation of work, working conditions, social relationships factors related to the working environment.

41 SAFE SYSTEMS OF WORK April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved IDENTIFY INTRINSICALLY HAZARDOUS WORK / ACTIVITIES TO BE CONTROLLED DEVELOP FORMAL PERMIT TO WORK SYSTEM CONDUCT RISK ASSESSMENT APPOINT RESPONSIBLE PERSON TO TAKE CHARGE OF OH&S IMPLEMENT A SYSTEM OF CONTROL DAILY SUPERVISION AND CONTROLS ON SITE (WEEKLY INSPECTIONS ON SITE) [MONTHLY AUDIT OF SITE] ESTABLISH COMMUNICATION CHANNELS BETWEEN WORKERS, SUPERVISORS AND EXECUTIVE MANAGEMENT / DOCUMENT POLICY, PROCEDURES AND SOPs CONDUCT CONTROL ACTIVITY ON SITE REVIEW, ADAPT AND CHANGE PERFORMANCE AS APPROPRIATE

42 Thank you. Any Questions? Mar 2011 SHIELD CONSULTANTS LTD All Rights Reserved

43 SHIELD CONSULTANTS LTD MIMOSA STREET GWARDAMANGIA TEL: (00356) 21 446 980 FAX: (00356) 21 497 045 MOB: (00356) 9942 4811 E-Mail: consult@shield.com.mt security@shield.com.mt training@shield.com.mt Web-site: www.shield.com.mtconsult@shield.com.mtsecurity@shield.com.mttraining@shield.com.mtwww.shield.com.mt April 2011 SHIELD SECURITY CONSULTANTS LTD All Rights Reserved


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