1. ‘‘POLICY RELATED TO OCCUPATIONAL HEALTH AND SAFETY IN NEPAL’’
A Term paper submitted to fulfill the partial requirement of BPH Sixth Semester
[TPP 23.1 Applied Environment and Occupational Health-II]
Submitted To
Department of Public Health
LA GRANDEE International College
Simalchour, Pokhara
2013
Submitted By
SAgun PAudel
Deepika Gaire
Sarala Kumal
Renuka Ojha
1
2. ACKNOWLEDGEMENT
The students of Bachelor of Public Health 6th semester like to express our humbly thanks to all
those who have supported and helped us in accomplishing this term paper in the topic ‘‘Policy
related to Occupational Health and Safety in Nepal’’.
First of all we would like to thank our respected subject teacher Mr. Jeewan Paudel for giving us
opportunity to prepare this term paper. We are fully indebted to our coordinator Mr. Nandraj
Gahatraj for expert guidance, regular supervision, untiring encouragement, inspiration and
valuable suggestion and full support during preparation of term paper. We would like to convey
our heartfelt thanks to all those who were directly or indirectly concerned with this and to all our
well-wishers.
This term paper is written in simple language, with every bit of necessary information related to
the topic so that studying independently also would not find any difficulties. We think that this
effort will help every individual to understand about the information of the related topic.
i
3. TABLE OF CONTENT
ACKNOWLEDGEMENT .............................................................................................................................. i
TABLE OF CONTENT ................................................................................................................................. ii
1.
INTRODUCTION ............................................................................................................................... 1
2.
OBJECTIVES...................................................................................................................................... 2
2.1.
General objectives ................................................................................................................... 2
2.2.
Specific objectives .................................................................................................................... 2
3.
METHODOLOGY ............................................................................................................................... 3
4.
FINDING AND DISCUSSION............................................................................................................... 4
4.1.
Health Impact .......................................................................................................................... 4
4.1.1.
Global situation ................................................................................................................ 4
4.1.2.
In Nepal ........................................................................................................................... 4
4.2.
Workplace condition and Major occupation in Nepal ............................................................... 4
4.3.
Occupational Health Rules, Regulation and Policies .................................................................. 4
4.3.1.
Global situation ................................................................................................................ 4
4.3.2.
In Nepal ........................................................................................................................... 5
Labour Act 1992 ........................................................................................................................... 5
The Three Year Interim Plan (2007/08-2009/10) .......................................................................... 6
The Three Year Plan (2010/11-2012/13)....................................................................................... 6
5.
CONCLUSION AND RECOMMENDATION........................................................................................... 7
5.1.
5.2.
6.
Conclusion ............................................................................................................................... 7
Recommendation..................................................................................................................... 7
REFERENCES .................................................................................................................................... 7
ii
4. 1. INTRODUCTION
The International Labor Organization (ILO) and the World Health Organization (WHO) have
shared a common definition of occupational health. This definition was adopted by the Joint
ILO/WHO Committee on Occupational Health at its first session in 1950 and revised at its
twelfth session in 1995. The definition reads: "Occupational health should aim at: the promotion
and maintenance of the highest degree of physical, mental and social well-being of workers in all
occupations; the prevention amongst workers of departures from health caused by their working
conditions; the protection of workers in their employment from risks resulting from factors
adverse to health; the placing and maintenance of the worker in an occupational environment
adapted to his physiological and psychological capabilities; and, to summarize, the adaptation of
work to man and of each man to his job."
Occupational health deals with all aspects of health and safety in the workplace and has a
strong focus on primary prevention of hazards. The health of the workers has several
determinants, including risk factors at the workplace leading to cancers, accidents,
musculoskeletal diseases, respiratory diseases, hearing loss, circulatory diseases, stress related
disorders and communicable diseases and others. Occupational Safety and Health (OSH) is a
cross-disciplinary area concerned with protecting the safety, health and welfare of people
engaged in work or employment.
An occupational health policy is a plan of action primarily concerned with protecting the
health, safety, and welfare of persons at work. The policies typically are designed to protect
workers from hazardous work environments by ensuring clean work areas, the use of protective
equipment and assuring employees are properly trained.
The policies may also include provisions to protect customers and nearby communities. Often,
governmental agencies, such as the Occupational Health and Safety Administration (OSHA) in
the United States, oversee and enforce the regulations throughout the world. Occupational health
policies normally require employers to maintain certain standards in their workplace. The usual
requirements revolve around maintaining a generally safe environment, protective equipment
when necessary, and training employees in the proper use of handling equipment.
1
5. 2. OBJECTIVES
2.1.General objectives
To study the Policies related to Occupational Health and safety in Nepal.
2.2.Specific objectives
To study the health burden of occupation related conditions.
To study the situation of occupational health and safety in Nepal.
To study the occupation and working condition in Nepal.
2
6. 3. METHODOLOGY
To prepare this term paper Google was used to retrieve journal and articles. The articles related
to occupational health are downloaded and studied.. To collect the further information advanced
Google search was also done and various books from library were also studied for the
preparation of the term paper. This report was prepared by using various secondary data sources
available on internet. The websites of ministry of labour and transportation, national law
commission, International Labour Organization, WHO were visited and the relevant documents
are studies.
3
7. 4. FINDING AND DISCUSSION
4.1.Health Impact
4.1.1. Global situation
Two million people die every year from work-related accidents and diseases. An estimated 160
million people suffer from work-related diseases. There are an estimated 270 million fatal and
non-fatal work-related accidents per year. In economic terms, the ILO has estimated that 4% of
the world's annual GDP is lost as a consequence of occupational diseases and accidents.
4.1.2. In Nepal
It is estimated that each year approximately 20,000 workers suffers from accidents at workplace
which lead to about 200 lives lost in Nepal.
4.2.Workplace condition and Major occupation in Nepal
The workforce in Nepal is largely engaged in informal sectors, such as agriculture and service
industries. The industrial set-up is dominated by medium-sized and household-level industries;
very few large-scale industries are in operation. Construction industry workers are involved in
different activities (construction of building, road, bridges, power house, irrigation system, and
sewage, etc). Further, in a building construction workers involve as their specialization in
different works - technician, mason, carpenter, labour, scaffolding, rod binder, RCC work,
electrician, plaster, plumber, laying chips, marble and tiles, brick making, stone quarrying, etc.
The work environment (light, temperature, ventilation, sound, etc.) differs as of the nature of
product produced by the establishment. But no single establishment in Nepal are meeting
necessary standard of the work place though some of the management claimed their work place
is international standard.
4.3.Occupational Health Rules, Regulation and Policies
4.3.1. Global situation
OSH is the science of anticipation, recognition, evaluation and control of hazards arising in or
from the workplace which could impair the health and well-being of workers, also impacts the
surrounding communities and the environment. Though the International Labor Organization
(ILO) has maintained and developed a system of international labor standards since 1919 which
aimed at promoting opportunities for decent and productive work, in conditions of freedom,
equity, security and dignity.
The ILO Constitution sets forth the principle that workers should be protected from sickness,
disease and injury arising from their employment. The ILO has adopted more than 40 standards
specifically dealing with occupational safety and health, as well as over 40 Codes of Practice.
Nearly half of ILO instruments deal directly or indirectly with occupational safety and health
issues. Prior to the passage of the Occupational Safety and Health Act in 1970 in the United
States, American workers had little protection in the workplace.
4
8. Most industrialized countries have developed an occupational health policy that protects the
safety of their employees. The European Union Occupational Safety and Health Administration
(EU-OSHA) formed in 1996 out of Bilbao, Spain. The Korean safety organization, known as
KOSHA, went into effect in 1986. New provisions in this law relate to special benefits for
workers employed in construction, transport, hotels, tea estates and travel establishments and
those engaged in tourist business such as trekking, rafting and jungle safari.
4.3.2. In Nepal
The concept of OSH in Nepal is in its initial stage. The notion of OSH in Nepal has not been able
to educate about its principle and ideologies at all level. The OSH sector in Nepal has three
major identified sectors:
government,
the industries/ employers and
The work force/labor unions.
The government of Nepal has enforced concepts of OSH through its Labor Act 1992; it has
highlighted few issues and provisions on working hours, physical infrastructural setup, yearly
medical examination and provisions of safety measures in work etc.
The concept of working conditions, occupational safety and health of the workers is quite a new
concept even to the oldest industry of Nepal, although there were some studies in relation to
different aspects of various industries. Only a few studies specific to working conditions in
industry, including the jute industry of Nepal, have been conducted so far.
After the restoration of a multi-party system in Nepal, Government of Nepal has begun to pay
more attention to industrial working conditions and environment by enacting and enforcing the
new Labor Act,2048 (1992). The main labour laws in Nepal covering working conditions, safety
and health are the Labour Act, 2048(1992) and Labour Rules, 2050(1993). The Labour Act
contains provisions on conditions of work, workmen's compensation, leave and holidays, safety
and health, minimum wage fixation and settlement of labour disputes. The Labor Act and its
subsidiary rules, Bonus Act and rules, are the main labor laws in the country, which cover
working conditions, welfare of workers, safety and health, and industrial disputes. The Labor Act
contains provisions on conditions of work, workmen's compensation, leave and holidays, safety
and health, minimum wage fixation and settlement of labor disputes. The coverage of the Labor
Act is confined to establishments employing ten or more workers.
Labour Act 1992
Enactment of Labour Act 1992 and its regulation (1993) is only the legal document that covers
safety and health provisions of workers in industrial sector Chapter V, section 27-36 of the
Labour Act 1992 explains the health and safety of workers in the establishment. The Act has
prescribe arrangements for garbage management; provision of modern toilets; supply of adequate
safe drinking water; provision of appropriate volume of ventilation, condition of light,
temperature and sound; protection from dust; smoke, fumes and other impurities; avoidance of
5
9. overcrowding in any room of the establishment and provision of extinguishing fire. The Act also
includes the provision of medical check-up for the workers at least once a year in the
establishment which are hazard prone.
It ensures the provision of first aid in industrial enterprises with more than 50 employees, and an
academically trained medical assistant in the case of industrial enterprises with more than 400
workers. If an industrial enterprise has more than 1,000 employees, there should be a medical
doctor and a medical assistant.
It also suggests a number of preventive measures such as – protection of eyes, protection against
chemical hazards and fire, guarding against dangerous machinery, prohibition on lifting heavy
load and safety measures for pressure plants. The Act further mentions provision for compulsory
notice of any kind of accident or disease to the concerned labour office.
Section 5 of Chapter II of the Labor Act restricts to employ to work any minor or a woman
unless otherwise prescribed during the hours between 6.00 pm and 6.00 am. It limits the working
hours for adults to no more than eight hours a day or forty-eight hours a week. It provides for a
weekly holiday with pay and compulsory intervals of rest. It also provides overtime payment and
restricts to allow workers for overtime for more than four hours a day but not exceeding twenty
hours a week.
The Three Year Interim Plan (2007/08-2009/10)
It has set some strategic programs and visions to make workplace safe, healthy and productive by
promoting and developing occupational safety and health as an integral part of all the industrial
enterprises and workplace. Government of Nepal has endorsed Occupational Safety and Health
Project and allocated annual budget for it. The project sets following programs to be
implemented as the integral part of the project (NPC, 2007).
Training program on OSH for social partners.
Capacity enhancement
Training program for officers affiliated with OSH.
Orientation program for employers.
Awareness enhancement programs on industrial accidents.
Awareness program on HIV/AIDS and STDs at workplaces.
Labour education programs and
Factory inspection, monitoring and evaluation strengthening programmes.
The Three Year Plan (2010/11-2012/13)
This Approach Paper 2010 has set an objective to create healthy, safe and decent working
environment through development of cordial labour relations. This can be achieved through the
revision of the existing labour laws and developing scientific labour inspection system and
model labour offices (NPC, 2010).
6
10. 5. CONCLUSION AND RECOMMENDATION
5.1.Conclusion
The current occupational safety and health is largely guided by the Labour Act 1992 and its
regulation (1993) , The Three Year Interim Plan (2007/08-2009/10) The Three Year Plan
(2010/11-2012/13) ILO’s conventions and recommendations related to the health and safety of
the workers.
5.2.Recommendation
To make sure of the legal provisions concerning OSH, the working environment should
be secured by an adequate and appropriate system of inspection.
Awareness, education and training to the workers.
The management needs to provide necessary PPEs and maintain safe workplace by
adopting the appropriate measures to minimize the health hazards.
More research and studies are necessary to formulate occupational safety and health
guidelines.
6. REFERENCES
Occupational Safety and Health in Nepal, Dr. Sunil Kumar Joshi Grad IOSH
Available Online at http://nepjol.info/index.php/IJOSH
Current Situation of Occupational Safety and Health in Nepal, A Study Report
Prepared by Rudra Prasad Gautam, Ph D. ,Jiba Nath Prasain, Ph D.
Occupational safety and health situation in Nepal, Mr. S.N. Vaidya, Director,
Department of Labour and Employment Promotion, Kathmandu, Nepal.
Occupational health services in Nepal,Sunil Kumar Joshi, Pranab Dahal, Nepal
Nepal law Comission
International Labour Organization
http://www.who.int/
http://www.moltm.gov.np/
www.slideshare.net/sagunpaudel
THANKYOU!
7