Question Tag: Health and Safety

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  • 10 Marks

BCL – May 2017 – L1 – Q3a – Employment Law

Evaluate the justification of workers’ strike action under poor working conditions.

a) Asanka Pharmaceutical Company Limited manufactures several types of drugs, and which drugs are supplied to many chemical stores in Kojokrom. The company is located very close to a gutter which is also used by the residents as a refuse dump. This gutter is never desilted resulting in the fact that a strong odour hangs around the premises of the company. The equipment used in manufacturing the drugs are not only obsolete but also expose the workers of the company to injuries. The workers of the company have complained about the conditions under which they work, but the management of the company pays deaf ears to these complaints. Apart from the fact that the equipment used to manufacture the drugs created a problem for the workers, the company did not provide the necessary safety working gears to the workers.

When the complaints of the workers were not heeded for necessary remedies to be provided, they embarked on a sit-down strike. The management, therefore, summarily dismissed the leadership of the workers, saying that the leaders could not tell the management what to do in the running of the affairs of the company.

Required: Explain whether the workers of the Asanka Pharmaceutical Company Limited were justified in embarking on the sit-down strike action. (10 marks)

Under the Labour Act 2003 Act 651, it is the duty of the employer to provide satisfactory safe and healthy conditions.

  • Location of the company very close to a big gutter/undesilted gutter that emitted bad odour.
  • The equipment was obsolete, exposing the workers to injuries.
  • The workers were not provided with protective clothing.
  • Their complaints were ignored.

Whether the workers were justified refers to Section 159 below:

  • For a strike to be legal, the Law under Section 159 stipulates two circumstances under which legal strikes can occur.
  • The first is where the parties fail to agree to refer the dispute to voluntary arbitration, and where the dispute remains unresolved at the end of the arbitration process, either party intending to take strike action or institute lockout shall give written notice of this to the other party and the commission, within seven days after failure to agree to refer the dispute to voluntary arbitration or the termination of the proceedings.
  • This means that the parties would have gone through negotiation and mediation, yet they failed to resolve the dispute and one party to the dispute does not want the matter to be referred to voluntary arbitration, or the parties are at voluntary arbitration, but the conduct of one party is stalling the process.
  • It is under such a circumstance that a party intending to strike or institute lockout must give a written notice to the other party and the National Labour Commission. However, what has become the norm by some workers, workers’ organizations, and associations is for them to issue press releases or press statements of their intention to embark on a strike. In other instances, the NLC is only copied notice of strike. Such acts contravene the provisions for embarking on a strike under the law.
  • Again, such acts prevent the commission from pro-actively intervening to have the issue resolved. Very often also, the strike action started before the commission was informed. Furthermore, the practice where workers write to state that if no action is taken within a specific period “we would advise ourselves” is not appropriate because advising “oneself is not a notice “to the commission. Where a party is aggrieved and intends to take action, that party should state clearly the reasons for dissatisfaction and officially report to the commission for redress.
  • A notice of strike, therefore, must be properly served as required by the law. It is important to note that today’s practice of industrial relations must be based on transparency, good faith, and adherence to the Labour Act 2003, (Act 651).
  • The parties failed to agree—refer the dispute to voluntary arbitration.

(8 marks)

2 Marks for bullet 2 otherwise 1 ½ Marks for each point. AND a total of 8 Marks here.

 

  • 10 Marks

BMIS – May 2020 – L1 – Q4b – HR – Other human resources functions

Explain health and safety measures to ensure a safe working environment.

A fishing boat manufacturing company at Elmina intends to expand its business and has decided to locate another production facility at Winneba.

Required:
Explain FIVE (5) health and safety measures to facilitate a working environment devoid of accidents for the company’s employees. (10 marks)

Health and Safety Measures to Prevent Accidents

  1. Effective employee resourcing:
    The company must structure its people resourcing strategy to ensure that the right people with the right skills are employed to fill vacant positions.
  2. Establish safety policy:
    The company must establish a health and safety policy to guide all employees in the dispensation of their assigned responsibilities. Such a policy must emphasize the company’s desire to have an accident-free working environment.
  3. Reduce job overload:
    Employees must be assigned with moderate work responsibilities. This ensures that employees are able to dispense their work within the appropriate time duration without the need for rushing to beat time or schedules.
  4. Risk assessment:
    The company must also conduct regular risk assessments for all jobs and assignments. Such an assessment would enable the management of the company to easily identify all risks associated with all jobs and implement necessary preventive measures.
  5. Constant review:
    There should be constant review of all protective and preventive measures. This would determine whether protective and preventive measures implemented are working according to plans, and where deviations are identified, corrective measures should be put in place.
  6. Safety training:
    Employees should be given regular safety training to ensure they understand and adhere to safety practices and procedures, reducing the likelihood of accidents.
  7. Proper maintenance of equipment:
    All machinery and equipment should be regularly maintained to ensure they are in safe working condition, preventing malfunctions that could lead to accidents.
  8. Emergency procedures:
    Clear and effective emergency procedures should be established, communicated, and regularly drilled to ensure all employees know how to respond to emergencies quickly and safely.

(8 points @ 1.25 marks each = 10 marks)

  • 20 Marks

BMIS – May 2019 – L1 – Q5 – HR – Other human resources functions

Discuss the importance of health and safety measures, and outline employer and employee responsibilities.

The budget for Health and Safety of Be Careful Enterprise presented by the Finance Officer has doubled within two years. The owner of the business is considering cutting the budget for the next year by 50% to make way for an increase in the budget for Sales Promotion. He reasoned that health and safety measures are not critical to the financial fortunes of the business.

Required:
a) Outline FOUR (4) reasons why health and safety measures are important. (6 marks)
b) Outline SIX (6) employer responsibilities when it comes to health and safety. (9 marks)
c) Outline FIVE (5) employee responsibilities when it comes to health and safety. (5 marks)

a) Reasons for health and safety measures

  1. Protection of Employees:
    Employees should, as human beings, be protected from needless pain and suffering.
  2. Legal Obligations:
    Employers and employees have legal obligations to take reasonable measures to promote healthy and safe working conditions.
  3. Cost Implications:
    Accidents, illness, and other causes of absence and impaired performance cost the organisation money.
  4. Corporate Image and Reputation:
    A business’ corporate image and reputation as an employer (its employer brand) may suffer if its health and safety record is poor, potentially alienating customers and potential employees.

(4 points @ 1.5 marks each = 6 marks)

b) Employer Responsibilities of Health and Safety

  1. Provide Safe Systems (Work Practices):
    Employers must provide safe systems or work practices.
  2. Safe and Healthy Work Environment:
    Employers are responsible for providing a safe and healthy work environment (e.g., well-lit, warm, ventilated, and hygienic).
  3. Maintenance of Plant and Equipment:
    Employers must maintain all plant and equipment to a necessary standard of safety.
  4. Support Safe Working Practices:
    Employers must support safe working practices with information, instruction, training, and supervision.
  5. Consultation with Safety Representatives:
    Employers should consult with safety representatives appointed by a recognized trade union.
  6. Safety Policy Communication:
    Employers must communicate safety policies and measures to all staff clearly and in writing.
  7. Carry Out Risk Assessments:
    Employers are required to carry out risk assessments to identify potential hazards.
  8. Provide Protective Equipment:
    Employers must provide necessary protective clothing and equipment to employees.
  9. Implement Emergency Procedures:
    Employers should implement and regularly review emergency procedures.
  10. Monitor and Review Safety Practices:
    Employers need to monitor and review safety practices to ensure they remain effective.
  11. Record and Report Incidents:
    Employers must record and report workplace accidents and incidents as required by law.

(11 points @ 0.82 marks each = 9 marks)

c) Employee Responsibilities of Health and Safety

  1. Care for Themselves and Others:
    Employees must take reasonable care of themselves and others affected by their acts or omissions at work.
  2. Cooperation with Employers:
    Employees must cooperate with the employer in carrying out their duties, including enforcing safety rules.
  3. Non-Interference with Safety Measures:
    Employees must not interfere intentionally or recklessly with any machinery or equipment provided in the interests of health and safety.
  4. Informing Employers of Potential Dangers:
    Employees must inform the employer of any situation that may pose a danger to themselves or others.
  5. Compliance with Safety Instructions:
    Employees must comply with safety instructions provided by the employer.

(5 points for 5 marks)

  • 12 Marks

BMIS – Nov 2016 – L1 – Q4b – HR – Other human resources functions

Suggest reasons to allocate funds for employee health and safety needs in an organization.

The finance department in your company recently refused to allocate funds to the human resources department to cater for the health and safety needs of employees, arguing that it is a waste of funds.

Suggest FOUR reasons to the finance department why it is necessary to allocate the funds. (12 marks)

  • Legal obligations: The finance department should allocate money for health and safety because the company is legally obligated to cater to the health and safety needs of employees.
  • Reduce labour turnover: Allocating funds for health and safety can prevent employees from leaving the company.
  • Social responsibility: It fulfills the company’s social responsibility towards its employees.
  • Continued production: Ensuring good health among employees is crucial for maintaining productivity; hence, funds should be allocated.
  • Accident prevention: Investing in health and safety can help prevent accidents, protecting employees from hazardous situations.
  • Talent attraction: Prospective employees are more likely to join a company that demonstrates care for its staff, which can be achieved by allocating funds for health and safety.

(Any 4 x 3 marks = 12 marks)

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