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ALL over the world, the force of law is recognised as the most essential factor to ensure that there is an acceptable level of performance in occupational health, safety and environment (HSE) in industry. Pakistan, in theory, is a highly regulated country on account of various laws inherited from the Raj, such as Mines Act, 1923; Factories Act, 1934; and Petroleum Act, 1934.
It is worth noting that some crucial laws on HSE have been enacted since 1974, which are quite comprehensive and incorporate modern technology and good industrial practices. The latter legislation includes: the Oil and Gas (Safety in Drilling & Production) Regulation, 1974 (issued under the Mines Act); Pakistan Nuclear Safety and Radiation Protection Ordinance, 1984 and Regulations, 1990; and the Pakistan Environment Protection Act, 1997.
It is a pity that, despite these laws, performance of HSE in both public and private organisations is poor. This may be attributed to employers’ greed — considering HSE expenditure as unnecessary — and to untrained and unprofessional workers’ negligence in compliance, although there is no doubt that employers are ultimately for workers’ training.
There appears to be a knowledge gap among industrial managers and HSE professionals regarding various laws to this effect. In order to bridge this gap, the 10 most pertinent laws which they need to know and understand, are outlined below:
Mines Act, 1923, prescribes (in Section 19) the powers of inspectors when the causes of danger have not been expressly provided for in the act or rules, or when employment of persons is dangerous. Regular inspections of mines’ operations as intended by the law can drastically reduce the number of accidents and fatalities.
Factories Act, 1934 and Hazardous Occupations Rules, 1963, contain comprehensive provisions on health and safety, valid to date, the most critical of which are Hazardous Occupations Rules that call for controls on hazards related to work involving lead, aerated water, rubber, chromium, brick making, cellulose spraying, sand blasting, petrol gas and miscellaneous. Each occupation has its own set of rules and a mandatory provision for biannual medical examinations of workers, which can only be conducted by a certifying surgeon.
The laws are there but their enforcement is weak.
The legislature ascribes so much importance to this provision that all workers are required to keep a token of fitness certification on his person at work. Unfortunately, most employers are ignorant of this requirement, and the government’s inspections system is ineffective.
Dock Workers Act, 1934, prescribes specific hazards related to load handling, drowning and rescue operations etc, while the Environment Protection Act, 1997, is based on modern environmental control philosophy and technology.
Under the Petroleum Act, 1934, rules were issued in 1971 to regulate the import, storage, manufacture and distribution of LPG. Rules, 1937 lay down detailed standards for the implementation of the main act.
The Explosives Act, 1884, and Rules 1940: and the Gas Cylinder Rules, 1940, issued under this act, are the most flouted, causing fatal accidents.
Electricity Act, 1910 and Rules 1937, covers subjects including licensing for supply, laying of lines near other utilities and services, obligations of licensee, electricity tariff/charges, meters, dishonest use of electricity, accident investigation, inspectors and penalties. Theft of electricity can be eliminated provided that its provisions are enforced by inspectors in the true spirit of the act.
Boilers and Pressure Vessels Ordinance, 2002, covers features such as inspections and certification, registration, accident investigation, penalties etc. The rules particularly cover the holding of examinations and awarding competency certificates to boiler attendants and boiler engineers. Those assigned to boilers need to be fully conversant with their operations to avoid exposing themselves and others to risk of accidents.
Pakistan Nuclear Safety and Radiation Protection Ordinance 1984 and Regulation 1990 is a comprehensive, technically up-to-date law. The act and rules have been framed in order to control potential exposure to naturally occurring radioactive material, and other sources of nuclear radiation.
The Workmen’s Compensation Act, 1923 and Rules 1961, covers different elements such as employer’s liability, amount of compensation, methods of calculation, disbursements, procedure for lodging claims, reporting of accidents, medical examination of the injured, etc. However, the existing amount of compensation prescribed under the act in the event of fatality or permanent, severe disability is meagre — rates differing by province and ranging from Rs200,000 to Rs400,000. This needs to be revised upwards to at least Rs500,000.
The public and private sectors must both recognise that the function of these laws is not merely to regulate business and industrial activity, but to avoid accidents, injuries, illnesses and loss of property.
The writers are experts on labour relations.
Published in Dawn, May 19th, 2016
