Responsibilities of Employees or workers in H&S as per ILO
The ILO (1919) is built on the constitutional principle that universal and lasting peace can only be established if it is based upon social justice. The ILO is dedicated to improving labor conditions and living standards throughout the world.
ILO sets the labor standard, develops policies, and devises programs promoting safe working conditions.
- Conventions- If these conventions are ratified by national governments, they come in force (legal binding international treaties). (Total 198 conventions till date).
- Recommendations- Recommendations do not have the binding force like conventions and are not subject to ratification. Recommendation provides more detailed guidelines on how convention could be applied. Recommendations can also be autonomous i.e.. not linked to a convention.
- Protocol- A Protocol is a procedural device for adding extra flexibility to a Convention or for extending a Convention's obligations.
- Code of Practice- As an ILO code of practice, it has no binding force, but rather makes recommendations. The code does not replace national laws, regulations, international labour standards or other accepted standards.
Employee or Worker Legal responsibilities as per C155 - Occupational Safety and Health Convention, 1981 (No. 155)
Article 19
There shall be arrangements at the level of the undertaking under which--
- (a) workers, in the course of performing their work, co-operate in the fulfilment by their employer of the obligations placed upon him;
- (b) representatives of workers in the undertaking co-operate with the employer in the field of occupational safety and health;
- (c) representatives of workers in an undertaking are given adequate information on measures taken by the employer to secure occupational safety and health and may consult their representative organisations about such information provided they do not disclose commercial secrets;
- (d) workers and their representatives in the undertaking are given appropriate training in occupational safety and health;
- (e) workers or their representatives and, as the case may be, their representative organisations in an undertaking, in accordance with national law and practice, are enabled to enquire into, and are consulted by the employer on, all aspects of occupational safety and health associated with their work; for this purpose technical advisers may, by mutual agreement, be brought in from outside the undertaking;
- (f) a worker reports forthwith to his immediate supervisor any situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health; until the employer has taken remedial action, if necessary, the employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health.
Employee or Worker Legal responsibilities as per R164 - Occupational Safety and Health Recommendation, 1981 (No. 164)
Point 16. The arrangements provided for in Article 19 of the Convention should aim at ensuring that workers--
- (a) take reasonable care for their own safety and that of other persons who may be affected by their acts or omissions at work;
- (b) comply with instructions given for their own safety and health and those of others and with safety and health procedures;
- (c) use safety devices and protective equipment correctly and do not render them inoperative;
- (d) report forthwith to their immediate supervisor any situation which they have reason to believe could present a hazard and which they cannot themselves correct;
- (e) report any accident or injury to health which arises in the course of or in connection with work.
Employee or Worker’s Responsibility - (In brief)
What are the Employee /Worker’s Responsibility in the context of health and safety ?
- Employee has responsibility to Cooperate with the Employer: (C155-A-19)
- Employee has responsibility to follow the Safety Protocol/procedures (C155-A-19)
- Employee has responsibility to consult with the employer for Safety issues. (C155-A-19)
- Employee has responsibility to take reasonable care for their own safety (R164- 16)
- Employee has responsibility to take reasonable Care of others/Coworker’s Safety (R164- 16)
- Employee has responsibility to take care of other persons who should not be affected by their acts or omissions at work; (Employees not taken care of customers )
- Employee has responsibility to comply/following with instructions given for their own safety and health (R164- 16)
- Employee has responsibility to use safety devices and protective equipment correctly (R164- 16)
- Employee has responsibility to do not render safety equipment/plant inoperative; (R164- 16)
- Employee has responsibility not to make Safety devices in-operativ or modify it. (R164- 16)
- Employee has responsibility to Report any Hazard.(R164- 16)
- Employee has responsibility to Report any Risk /unsafe Act /unsafe condition.(R164- 16)
- Employee has responsibility to Report any incident or Near-miss. (R164- 16)
- Employee has responsibility to report any Injury or accident. (R164- 16)
- Employee has responsibility to report any danger or unsafe condition. (R164- 16)
- Employee has responsibility to perform his work safely.
- Employee has responsibility to use PPE all the time.
- Employee has responsibility to follow the site rules.
Note - C means convention , R means Recommendation , A for Article
Contravention of Responsibilities of Employees and Workers :
- Worker did not Co-opearte with the Employer: (C155-A-19)
- Worker did not cooperate with Employer in terms of H&S : (C155-A-19)
- Worker did not follow the Safety Protocol/procedures (C155-A-19)
- Worker did not consult with the employer for Safety issues. (C155-A-19)
- Worker not taken reasonable care for their own safety (R164- 16)
- Worker not taken reasonable Care of others/Coworker’s Safety (R164- 16)
- Worker not taken care by the worker that other persons should not be affected by their acts or omissions at work;
- Worker not comply/following with instructions given for their own safety and health (R164- 16)
- Worker did not use safety devices and protective equipment correctly (R164- 16)
- Worker rendered safety equipment/plant inoperative; (R164- 16)
- Worker made Safety devices in-operativ or modify it. (R164- 16)
- Worker did not Report any Hazard (R164- 16)
- Worker did not Report any incident or Near-miss (R164- 16)
- Worker did not Report any Injury or accident (R164- 16)
- Worker did not Report any danger or unsafe condition (R164- 16)
- Worker did not perform his work safely/ with complacency .
- Worker did not Use PPE all the time.
- Worker did not Follow the site rules.
- Not Following all safety guidelines,
- Not following the legal requirements
- Worker did not see the Safety signs and did not follow the Safey Signs instructions
- Did not follow the Safety Policy , Risk Assessment and Safe System of Work (SSW) etc.
- Worker did not ask for training or not received any training but performed the work without training
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