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Discussion
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Provincial Assembly of Sindh passed the Sindh Occupational Safety and Health Bill, 2017 on 17 November, 2017 and assented by Governor of Sindh on 26 December, 2017 and published as an act of the legislature of Sindh.
The Sindh Occupational Safety and Health Act, 2017 defines occupational safety and health conditions at all workplaces for the protection of persons at work against the risk of injury arising out of the activities at workplaces. The act also requires the promotion of a safe, healthy and decent working environment adapted to the physical, physiological and psychological needs of all persons at work.
Significant sections of the Sindh Occupational Safety and Health Act 2017 are below.
- Section 2 – Applicability of Act
This act applies to all places of work in Sindh but does not include mines.
- Section 4 – General Duties of Employer
This section requires an employer to ensure all possible, practicable measures related to safety and health at work of all persons and also the welfare of the workers and volunteers.
Further, it is also required from the employer to systematically identify all potential hazards to workers at work and where an incident occurs should record according to section 23 and investigate the root cause.
Sub-section (4) of section 4 explains how an employer shall ensure his duty according to this act.
- Section 5 – General duties of self-employed and employers to persons other than their workers
It is the duty of self-employed and employer that other persons are not exposed to risks to their safety and health so far as is reasonably practicable.
- Section 6 – General duties of persons concerned with premises to persons other than their workers.
It is the duty of every person who is using any non-domestic premises as his workplace is or are safe and without risk to health so far as is reasonably practicable.
- Section 7 – General duty of persons in control of certain premises in relation to harmful emissions into atmosphere
It is the duty of a person who controls the premises to ensure best practices for preventing the emissions of noxious or offensive substances into the atmosphere.
- Section 8 – General duties of worker and volunteer
This section defines the duties applicable to workers and volunteers such as shall not willfully do anything to endanger himself or others, shall use personal protective clothing and personal protective equipment etc.
- Section 11 – Written Statement of Policy
Every employer should declare a written statement of general health and safety policy and should include provisions to resolve disputes on safety at the workplace and the reporting procedure for fatalities, injuries and near misses. The policy shall be reviewed and revised regularly.
- Section 12 – Consultation
Occupational safety and health representatives should be elected from the workers if a company has less than fifty (50) workers at work who look after the safety and health of all workers and may report the impending threats, accidents, injuries, fatal injuries to the Inspector.
A competent Safety and Health Officer should be appointed at the workplace and an occupational safety and health committee should be set up if the company has more the forty-nine (49) workers. OSH representatives or committees must cooperate and assist the employer in promoting and developing measures to ensure the safety, health and welfare of the workers at the workplace. The committee shall report the effectiveness of such measures to the employer and the Inspector.
- Section 13 – Training of health and safety representative
The employer is responsible for providing occupational safety and health representative health and safety training as approved by the Government.
- Section 15 – Precautions against contagious or infectious disease at workplaces
A “Hygiene Card” should be provided to all workers and volunteers and every year during January and July entries should be recorded after examined by a qualified medical practitioner at the expense of the employer. If the worker is found to be suffering from an occupational disease, medical treatment should be provided by the employer with paid leave.
- Section 23 – Notification and investigation of accidents, dangerous occurrences and occupational illnesses
A register of accidents should be maintained by the employer/self-employed in the prescribed form.
According to the schedule of the act, the fine is up to 250,000 against offense under this act.
Download the Sindh Occupational Safety and Health Act 2017 from below.
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