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Written by Tracie Carlsund
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Not wishing to sound dramatic, but occupational health and safety really is a matter of life and death. The International Labour Organisation (ILO) reports that on a global level an average of 5,000 people die everyday due to work-related accidents, whilst organisation's such as China's State Administration of Production Safety (SAPS) have estimated that over 90,000 people a year die at work in China. Frightening statistics aren't they?
Occupational Health and Safety (or Occupational Safety and Health as it is more commonly termed in China) is an ongoing issue for companies worldwide. Accidents and disease directly impact upon a company's human capital and its ability to function efficiently. In such a critical area, with such worrying numbers there is one question every HR professional needs to ask themselves: "What can I do to influence those statistics?"
To answer this question it is first actually worth examining some other, smaller questions:.
- What is OH&S?
- What are the OH&S Laws in China?
- What other OH&S considerations impact on your company?
- Who is responsible for OH&S?
- What is the benefit and cost of OH&S?
- What strategies does your company have in place for OH&S?
OH&S is a broad topic, although essentially it revolves around programs and policies put in place to ensure that the workplace is both safe and healthy. OH&S programs and policies are implemented to protect workers from danger, address any workplace hazards that may occur, and to prevent such hazards and dangers recurring. Education, collaboration and information are critical to the success of such programs and policies.
OH&S laws vary from country to country and from industry to industry. Within the Chinese Labour Law there are a number of chapters and articles that address OH&S in the workplace. These Laws include:
- Trade Union Law of the People's Republic of China's (3 April 1992, amended 27 October 2001)
- Work Safety Law (1 November 2002)
- Law on the Prevention and Cure of Occupational Diseases (1 May 2002).
In addition to these there are a number of other relevant laws that HR professionals, who are working with OH&S issues, should be cognizant of. The list is extensive, and covers specific industry related safety and health issues, and specific demographics of workers, for example women and regulations for utilizing specific materials.
Clearly, understanding Chinese law is required to enable your company to operate in China. However if you are part of a multinational company, having a detailed knowledge of your organisation's international OH&S requirements is also crucial. A wide knowledge will support you when working within a broad OH&S sphere, as well as when working with your company's strategy on implementing and managing workplace safety and health.
Responsibility is probably one of the most complex areas of OH&S in China, providing a variety of challenges to the implementation and monitoring of OH&S practices. However, the duties and responsibilities of employers and OH&S officers at the practical level are clear. These are solidified by China's Company Law, which details the accountability, responsibility and liability of chairmen, presidents and directors - the person within a major who is nominated as being responsible for OH&S is also liable should accidents or events occur.
At this level of management, there is often too much focus on the costs and benefits of OH&S strategies, with little focus on the actual worker - saving pennies rather than saivng lives. It is the rights of the worker as well as the aforementioned laws that can be utilised to implement effective OH&S practices in the workplace. There are six key rights for workers under the OH&S laws.
1. Be educated about all dangers in the workplace, including the right to take active steps to prevent OH&S dangers
2. Be provided with safety equipment that conforms to national standards
3. Offer criticism and suggestions with regard to any aspect of OHS;
4. Refuse to carry out instructions from management that violate laws and/or regulations
5. Stop work in life-threatening situations
and finally ...
6. Receive insurance compensation following an accident at work.
It is the first right - to be educated in dangers and prevention/protection - that, when implemented at the ‘factory floor' level, can have the greatest positive impact in reducing the number of OH&S accidents and illnesses. Under the law education is essential. The outcomes of education can influence worker morale, reduce accidents and illness, and increase productivity, which in turn can impact upon a company's performance.
Education programs require a large amount of planning and coordination and are not without their challenges. For instance, your workforce may have a significant number of illiterates, or workers that do not speak or understand the same language. Managers may also feel that workers spending time when they are not involved in production is wasteful and not cost-effective. There may also be fear of speaking up about issues in the workplace. However there have been some large-scale projects that have worked to implement education programs accompanied with the formation of workers groups to monitor and manage OH&S at all levels.
One such example occurred in March 2001 when three international shoe companies, three Taiwan-based contract manufacturers, and four Hong Kong-based labor rights non-governmental organisations (NGOs) established a joint project. The project had two primary goals: 1) to train workers, supervisors and managers in three footwear factories in the Pearl River Delta area of China in occupational safety and health principles, and 2) to establish plant-wide health and safety committees with workers as full, active members of these committees. It was the gaining of knowledge, the cooperation of all levels of management and gaining the buy-in of the workers, that resulted in significant improvements in employee's knowledge and practical application of OH&S policies.
Training plans are dependent on both your company and industry. However, whether you are working on a factory floor, in a call centre or in an office, there are occupational hazards everywhere and accidents can occur. A simple cord hanging from the projector on the table to the wall socket could result in a trip and broken arm, a chemical spill on the factory floor could result in illness or injury to a worker or workers or a misplaced hand on someone's back could result in a sexual harassment claim. These are events that can be prevented through educating workers about the workplace and about their safety and also by promoting pro-activity and action as a responsibility of the worker.
The training curriculum utilized in the Pearl River Delta Project in 2001 drew on a number of existing health and safety publications. It was designed to be simple to read, to have ample pictures, and was supported by bi-lingual trainers who used active learning techniques as well as practical visits to the site and scenario role-playing. Topics of the training manual and curriculum are listed below.
- Chemical Hazards
- Occupational Exposure Limits
- Controlling Hazards
- Noise
- Stress
- Ergonomics (the design of work)
- Safety Hazards
- Occupational Health and Safety Laws in China
- Effective Communication
- Health and Safety Committees
- Inspection Procedures
- Training Others
- Other Hazards: Reproduction, Emergency Response and Fire Safety
Additional topics that may be relevant to your workplace could be added. Safety equipment and protective clothing modules, for example. With knowledge of the law, and understanding of responsibilities for OH&S, HR Professionals have the ability to influence the level of OH&S understanding and training for all levels of workers from factory floor to Managing Director. It is HR who recruits new hires, who inducts them into the business, and who manages performance reviews and training and development. With training being a fundamental requirement of OH&S programs and policies, at each of these stages OH&S can be addressed. Providing training opportunities and ongoing monitoring processes of worker's knowledge and application of workplace safety and health practices.
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