This chapter provides an overview of the impact of safety culture, involvement and attitude of employee on legal occupational safety and health for legal affair in Iraq manufacturing sector. Moreover, in this chapter the research backgrounds, Problem Statement, research Question, research Objective, the significance of the study, scope of the study and operation of definition are explained.
Occupational accidents occur are either due to lack of knowledge, training, lack of supervision, and lack of rules implementation. In addition, a human error leads to negligence, carelessness of workers, recklessness of workers and lack of monitoring and controlling.
All these factors have influence on safety o r lead to the weakening safety performance and the high rate of accidents (Tharaldsen, Mearns & Knudsen, 2010). In addition, Occupational accident is described as an occurrence increasing from the course of works which consequences in non-fatal or fatal injury (ILO Code of Practice, 1997).
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One industry that is likely to face occupational accidents is the manufacture industry. According to Mearns and Yule (2009), the manufacture industry all over the world is a high risk industry due to the nature of the industry and the difficult working conditions involved. Similarly, Kane (2010) indicates that the manufacture industry is one of the industries that has a very high risk factor and has high workplace fatalities and injuries. Iraq, an oil rich country, is also not spared from occupational/industrial accidents. Based on a personal communication with CEO for Iraqi oil ministry, in 2009 the manufacture sector recorded 322 accidents that include 34 fatal work injuries and 334 non-fatal work injuries. The term fatal injuries mean those deaths, which resulted from traumatic injury or other external causes that occurred on the workplace (Gong, Xue-feng & Xian-fei, 2009). While non-fatal injuries refer to those injuries which lead to physical or emotional damages. These injuries can be controlled by medical aid within a certain time period and these injuries do not lead to death (Cryer et al., 2008).
Manufacture industry of any economy is one of the main sources of revenue and it highly contributes to the economic performance (Blanchard, 2009). Manufacture export helps a country to earn a huge amount of foreign exchange, which in turn helps it to build its infrastructure. As mentioned earlier the manufacture industry is considered it one of the most important industries in Iraq because it contributes 90% to government revenues and 74% to gross domestic product (GDP), and it offers tremendous employment opportunities for Iraqi people (Looney, 2006).
According to the Iraqi Congress Report (2008), the manufacture accidents were said to be caused by insufficient tools, poor technology, poor organizational management, lack of precautions, lack of adequate services, employee misbehavior towards safety regulation and inadequate training. But according to Al-Moumen (2009), given the fact that the entire infrastructure has been damaged due to global sanctions imposed on Iraq and the American invasion of Iraq in 2003, manufacture accidents seem to be inevitable. Whilst such external factors are largely true, the safety issue in the manufacture industry in Iraq is very important because of Iraq's dependence on oil production and exports. In addition, Iraq possesses more than 115 billion barrels (bbl) of proven oil reserves. Therefore, it ranks second in oil inventories worldwide after Saudi Arabia (Klare, 2007; Jaffe, 2006; Kalha, 2009). But Iraqi former Oil Minister, Thamer Ghadban, said in August 2004 that Iraq's oil is a much of 214 billion barrels, placing Iraq in the first place in the world in oil reserves (Blanchard, 2009).
This study is base on the management perspective to investigate the safety performance. The reason because safety related issues in Iraqi manufacture industry, has the high rate of occupational accidents which is due to many reasons; mainly the failure of these occupational accidents and injuries is management negligence, which is explained in term of human errors, overload, and lack of development of management capacity building in addressing occupational accidents (Al-Moumen, 2009). Additionally, the main focus of this study is to explain the management perspective in addressing these occupational accidents, with maintaining or improving Iraqi manufacture industry's safety performance. In addition, this study is designed to study the relationship between management practices and safety performance in Iraqi manufacture industry.
Safety task is very hard to be undertaken when the involvement, attitude and the safety of employee come into play. It has been shown that, every year the accidents takes place even when this phenomenon increases. It is still hard to state what safety means because the issue of health and safety affects different faces of business everywhere. The influence and attitude of the employee with safety culture is a legal need in many countries. Occupational safety and health has become a very significant concern in social responsibility (Mika, 2003).
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As the population is growing nowadays and the companies are bringing about goods everywhere the notion of employee safety has received a significant concern in terms of occupational safety and health. There are various factors at play about the employee's safety and health for instance; travelling at work for different environments puts the employee's safety and health at risk. In this case, so as to be ensure of the employee's safety and health the involvement, attitude and the safety culture of the employee's should be carefully taken into granted. There should be careful understanding and cooperation with the responsibility of being ready about the occupational safety and health of the employees.
Occupational Safety and Health issues have not only become a global concern for employers, workers and national governments, but are also of major concern to managers of organizations. Managers are accountable for any shortcomings at the workplace and therefore recognize that it is in their economic interest to create safe working practices (Bell, 1981) and comply with occupational safety and health regulations. It is estimated that the worker spends about one third of his/her time at the workplace (Sakari, 1991). During this time, he/she is exposed to various hazards including accidents, noise, dust, vibrations, heat and harsh chemicals among others (Kenei, 1995). The Occupational Safety and Health Act (2007) has various provisions for the safety, health and welfare of workers and all persons lawfully present at workplaces in Kenya. The Act has provision for creation of the Directorate of Occupational Health and Safety Services (DOHSS) with the principal objective of promotion and enforcement of occupational safety and health regulations at workplaces. Despite the fact that the Government of Kenya has put in place legislations to safeguard the safety and health of workers, the number of accidents at workplaces has continued to increase (Mutemi, 2005). According to the Directorate of Occupational Health and Safety Services (DOHSS) Annual Report (2008), the cumulative number of accidents reported for years 2001- 2007 for Nairobi province alone was 1,035. These accidents accounted for 12,941 man days lost. This high number of accidents and the attendant losses can be attributed to failure by management at workplaces to comply with the legal and regulatory framework regarding occupational safety and health.
World continues its expedition towards modernization, it faces tremendous challenges of the 21st century. The rapid growth in the industry globally has raised concern on safety and health issues at the workplace, as more and more occupational accidents and injuries are becoming headline of news globally. Safety at work is a difficult and complex phenomenon, and the subject of safety performance across the industries is hard and demanding to achieve. It needs a lot of measures and policies to be applied on the ground. Additionally, safety performance is very complicated and sensitive concern of the organization to deal with, as it's the matter lives of people and resources, who involved in the project towards success ( Enshassi, R. Choudhry 2008). However, occupational accidents are rising, as due to lack of attention given to safety performance, safety procedures and improvement of methods to prevent accidents and injuries (Jiang 2010). On the other hand, occupational accidents occur are either due to lack of knowledge, training, lack of supervision, and lack of rules implementation. In addition, a human error leads to negligence, carelessness of workers, recklessness of workers and lack of monitoring and controlling. All these factors have influence on safety performance or lead to the weakening safety performance and the high rate of accidents (Tharaldsen,k. 2010). In addition, Occupational accident is defined as an occurrence arising from the course of work which results in non-fatal or fatal injury (Report of ILO 1997). One industry that is likely to face occupational accidents is the manufacture industry. According to Mearns and Yule (2009), the manufacture industry all over the world is a high risk industry due to the nature of the industry and the difficult working conditions involved (Mearns, 2009). Similarly, Kane (2010) indicates that the manufacture industry is one of the industries that has a very high risk factor and has high workplace fatalities and injuries.(Kane, 2010). Iraq, an oil rich country, is also not spared from occupational/industrial accidents.
Based on a personal communication with CEO for Iraqi oil ministry, in 2009 the manufacture sector recorded 322 accidents that include 34 fatal work injuries and 334 nonfatal work injuries. The term fatal injuries mean those deaths, which resulted from traumatic injury or other external causes that occurred on the workplace (Al.Obaidan, 1991).
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While non-fatal injuries refer to those injuries which lead to physical or emotional damages. These injuries can be controlled by medical aid within a certain time period and these injuries do not lead to death (Cryer, 2007). Manufacture industry of any economy is one of the main sources of revenue and it highly contributes to the economic performance (Blanchard, 2009). Manufacture export helps a country to earn a huge amount of foreign exchange, which in turn helps it to build its infrastructure. As mentioned earlier the manufacture industry is considered it one of the most important industries in Iraq because it contributes 90% to government revenues and 74% to gross domestic product (GDP), and it offers tremendous employment opportunities for Iraqi people (Blanchard,2009). In comparison with other industries, the agricultural sector employs 35,296 people and the manufacturing sector 63,667 people (Looney, 2006). The manufacture industry has the highest number of employees of 79900 (Blanchard, 2009). With the highest number of employees in the manufacture industry it is reported that comparatively there is a number of accidents and injuries rate on the site (Report oil and gas, 2009). According to the Iraqi Congress Report (2008), the manufacture accidents were said to be caused by insufficient tools, poor technology, poor organizational management, lack of precautions, lack of adequate services, employee misbehavior towards safety regulation and inadequate training (Report to congress,2008). But according to Al-Moumen, (2009), given the fact that the entire infrastructure has been damaged due to global sanctions imposed on Iraq and the American invasion of Iraq in 2003, manufacture accidents seem to be inevitable (Al-Moumen,2009). Whilst such external factors are largely true, the safety issue in the manufacture industry in Iraq is very important because of Iraq's dependence on oil production and exports. In addition, Iraq possesses more than 115 billion barrels (bbl) of proven oil reserves. Therefore, it ranks second in oil inventories worldwide after Saudi Arabi. But Iraqi former Oil Minister, Thamer Ghadban, said in August 2004 that Iraq's oil is a much of 214 billion barrels, placing Iraq in the first place in the world in oil reserves (Blanchard, 2009).Generally speaking, an occupational accident in Iraqi manufacture sector has an enigmatic direct impact on production (Report to congress, 2008).The Iraqi Congress Report states that Iraq is currently working with a production capacity of 45% in the oil sector and bears the costs as a result of the ongoing incidents in the production of manufacture. The big question raised by scholars and experts alike is whether the Iraqi government and the manufacture companies are capable in managing efficient and effective work place safety in order to reduce occupational accidents (Al-Moumen, 2009).
This study is base on the management perspective to investigate the safety performance. The reason because safety related issues in Iraqi manufacture industry, has the high rate of occupational accidents which is due to many reasons; mainly the failure of these occupational accidents and injuries is management negligence, which is explained in term of human errors, overload, and lack of development of management capacity building in addressing occupational accidents (Al-Moumen, 2009). Additionally, the main focus of this study is to explain the influence of involvement, attitude and safety culture of employee on occupational safety and health.
From a national macro perspective, economic costs resulting from occupational accidents and illnesses originating from manufacturing firms in aggregate may compromise the competitiveness of nation states in the current globalized economy (Niu, 2010). Malaysia in its path toward becoming an industrialized nation is not isolated from such a threat and the importance of occupational safety and health must not be undermined. Occupational safety and health had been recognized in Malaysia since 1878 as noted in (Yon, 2007), (Soehod, 2007) and covers five eras that parallels the transitional development of Malaysia from a commodity based economy to that of an industrial based economy. In its transition to an industrial based economy the statistical evidence showed an increase in occupational accidents and illnesses. Table 1 evidences an increase in the number of accidents and fatalities in the manufacturing sector from the years 1977 until 2000.
Table i: accidents and fatalities statistic in the manufacturing sector in Malaysia. Source: ram pal 
The figures in Table I are indicative of an increase in industrial accidents from the years 1977 until 1990 when it then dips gently. However, the number of fatalities show a steady increase until the year 1990 when it then makes a sudden upsurge. Such statistics triggered a reassessment of the regulatory approach in occupational safety and health at the Malaysian workplace. The traditional method of enforcement in which a huge burden is placed upon the government enforcement agency to ensure that employers comply with prescriptive based legislation was found inadequate. Inadequacy laid in the financial and human constraints faced by the enforcement agency in the face of a growing number of workplaces; and the inability of prescriptive legislation to keep abreast with the ever evolving nature of hazards at the workplace. These drawbacks of such a paternalistic regulatory system are noted in (Rees, 1988).
In the year 1994, the Occupational Safety and Health Act 1994 (OSHA 1994) was introduced in Malaysia. It heralded a shift from the traditional command and control method of enforcement in which the government through the Department of Occupational Safety and Health (DOSH) (before the year 1994 it was known as the Factories and Machinery Department) assumed a huge responsibility in regulating the safety and health of workers at the workplace; to one of self-regulation, wherein all stakeholders at the workplace were responsible for promoting self-regulation with the ultimate responsibility vesting in the employer, as an alternative regulatory system. This meant enabling legislation in the nature of non-prescriptive regulation was emphasized as prescribed solutions were perceived to impede the development of creative ways of managing hazards (Culvenor, 2003). In addition, employee involvement was made an integral part of the self-regulatory system whereby via section 30 of the OSHA 1994, workplaces regardless of type with 40 or more employees were mandated to establish occupational safety and health committees (OSHCs). These OSHCs were required by Regulation 5(2) of the Occupational Safety and Health (Safety and Health Committee) Regulations 1996 (OSHCR 1996) to have at the very least an equal number of management and non-management representatives. Thus a collective perusal of the OSHA 1994 and the OSHCR 1996 indicates that the principles of employee involvement and joint commitment of employer and employee as in (Levinson, 2008), are integral in the occupational safety and health self-regulatory system in Malaysia. Consequently, the OSHC can be regarded metaphorically as the pulse of the occupational safety and health self-regulatory system in the Malaysian workplace. Similar changes via legislative initiatives had taken place in a number of countries such as the United Kingdom, Canada, Australia and New Zealand to name a few.
In comparison to those countries it can be observed that Malaysia has institutionalized this concept of self-regulation as in (Yon, 2007), (Soehod, 2007) approximately two decades after it came into fashion in the 1970s in those countries. It is argued that the institutionalization of the concept of self-regulation varies from one country to another (Hovden, Lie, Karlsen, and B. Alteren, 2008), (Milgate, 2002). The differences are discerned in but not limited to the following ways: (i) whether occupational safety and health committees (OSHC) are a distinctive feature of the self-regulatory system; (ii) the extent of rights and powers vested in members of OSHCs. For example, in Canada the presence of an OSHC features distinctively in its self-regulatory system as in (Walters, 1988), (J.O' Grady, 2000) but the same cannot be said of the situation in the United Kingdom. In the latter, specific legislative initiative enables the formation of OSHCs in the unionized and offshore workplaces (Wright, and Spaven, 1998). The same cannot be said for the onshore non-unionized workplaces that have grown in numbers. As a result, in the United Kingdom the general emphasis is on consultation with employees rather than the form of consultation. Consultation that is a form of employee involvement or inducement of employee participation can denote direct or indirect consultation as in (Markey, Hodgkinson, and Kowaltzyk, 2002). Whereby OSHCs are a form of indirect consultation. With respect to the roles and functions of OSHCs they may vary in terms of 'bite' (advisory or executive role) and scope depending upon country origin as in (Hovden, Lie, Karlsen, and Alteren, 2008), and even within different jurisdictions in the same country (Grady, 2000).
Accident statistics obtained by the researcher on 16 November 2010 from DOSH and displayed in Table II seem to indicate that the accident rate and the fatality rate in the Malaysia workplace (all types of workplaces) have reached a plateau of 3.6 and 6.3 respectively. The accident rate appears to be below the benchmark of 5 per 1000 workers; whereas the fatality rate is still above the benchmark of 3 per 1000 workers (Surienty, K.T. Hong, and D.K.M. Hung, 2010). This begs the question of whether accident and fatality statistics reflect the actual improvement of occupational safety and health at the workplace. The answer is debatable. This is because a plethora of literature has cautioned of the prevalence of underreporting as in (Ariss, (2003) that permeates the Malaysian reporting system as well (Wai, 2007). In addition, reporting requirements in Malaysia were mandated in the year 2004 via the Occupational Safety and Health (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Disease) (Regulation 2004).
Table ii: accidents and fatalities statistic in the Malaysia workplace. Source: dash
Accident rate per 1000 employee excluding commuting
Death rate per 1000 employee excluding commuting
The results in Table I and Table II may be interpreted to mean that a shift in the regulatory approach has improved the regulation of occupational safety and health at the workplace. However, as argued above, accident and fatality statistics in Malaysia may not be indicative of the actual state of affairs. Thus it would be apt to determine the scope and extent of functioning of OSHCs in Malaysian manufacturing firms after a span of fifteen years from the legislative mandate. This would enable policy makers, professionals in safety and health and organizational designers to gauge the current level of OSHCs' functioning in Malaysian manufacturing firms as it may be indicative of the pulse of the self-regulatory system in Malaysia in terms of improving safety and health at the workplace.
In addition, the findings would enable one to be reflective of whether the path towards a systems approach in Malaysia (Soehod, 2007) in which the OSHC is a central feature (Chan, Kwok, and Duffy, 2004) would be smooth or strewn with impediments along the way. This path towards a systems approach has been encapsulated via the Occupational Safety and Health Master Plan that spans a period of 15 years (OSH-MP15). In the first 5 years commencing from 2005, the emphasis would be on promoting occupational safety and health ownership at the workplace. The second period of 5 years was intent on achieving self-regulation; whereas the last period of 5 years ending in 2020 seeks to establish a preventive culture at the workplace. The systems approach has not been legislatively mandated at the workplace but based on the researcher's interviews with 2 officers from DOSH such a move is in the pipeline.
The systems approach is defined as a planned, documented and verifiable method of managing hazards and risks systematically at the workplace and is an integral part of the overall management system capable of ensuring compliance with OSHA 1996 and enabling the development of creative solutions to resolve the varied challenges besetting the workplace (Bakri, Zin, Misnan, and Mohd, 2006). In reference (Gunningham, 1999) an assertion is made that a systems approach is the 21st century form of occupational safety and health regulation that stimulates self regulation provided the system is properly implemented. However, as in ( Saksvik, and Quinlan, 2003) one is cautioned that the systems based approach may engender a top down bias that excludes employee involvement a factor amongst many others that compromises the effectiveness of such an approach. The focus was on manufacturing firms because the Social
Security Organization's Annual Report of 2009 and the DOSH's Annual Report of 2009 indicate that the manufacturing sector has the highest number of accidents compared to other sectors; whereby the former's Annual
Report states that 31.18% of accidents originate from the manufacturing sector. In addition, the manufacturing sector is an important economic sector and is targeted to grow at 5.6% per annum during the Third Industrial Master Plan period from 2006 until 2020. However, the challenges besetting the sector are many and among the ways suggested as in (Lean, 2008) in meeting the challenges would be to improve the sector's productivity and competitiveness and stimulate investments in human capital. It is argued that the functioning of an OSHC is indicative of its ability to improve workplace safety and health issues that would have a bearing on the sector's productivity and quality of human capital. A succinct observation made in (Miller, and Haslam, 2009) is that the health of labor affects supply of labor; and inadvertently this impacts efficiency and cost of labor what with it being a factor of production.
How does the employee involvement impact on implementing safety and health?
How does the safety culture impact on implementing safety and health?
How does the employee attitude impact on implementing safety and health?
To examine the impact of employee involvement on implementing occupational safety and health.
To examine the safety culture impacts on implementing safety and health.
To examine the employee attitude impacts on implementing safety and health.
1.6 SIGNIFICANT OF STUDY
The significance of this study lays in the fact that, being aware of the attitudes, involvement and safety culture of the employee on occupational safety and health gives the importance of safety to the different industries where the employees face the accidents in the workplace. It is not the manager's task to be aware of the employee's safety but it is the employee's too to be aware in the workplace. As this phenomenon is taken into granted by everyone in different workplaces there will be important strategies and ways to reduce the accidents in the workplace. It is also significant for the government to provide a safe setting where the employees can rely on their workplaces. So, in this way the number of the accidents will be decreased in the community workplace. It is important to know that, when there is negligence and carelessness in the workplace between the employee and the policy of the workplace there the number of the accidents will increase.
1.7 Scope of the study
The scope of the current study will be 1100 peoples industries registered with SMIDEC and SOCOSO. The SOCSO database was preferred to other database such as SME's directory because the simple of respondent.
1.8 Operation of definition
It is important to define the important terms in this study. This study is carried out to study the impact of organizational safety and health on employees' productivity. The important terms in this study are safety, health; the explanations of those terms are stated as follows:
According to oxford dictionary, safety means the state of being safe and ability to keep or make safe (advanced learners dictionary). Based in introducing Human Resource Management book, safety is defined as absence from danger and avoidance of injury (Foot & Hook 2002). In Human Resource Management book, health refers to employees' freedom from physical or emotional illness (Mondy, Noe & premeaux, 2002). According to this definition, we should expect employers to do everything in order to keep employees away from danger and avoid injury while at place of work.
Health is the state of being well and free from illness in body or mind (Advanced Learners Dictionary). Health is defined as being physically, mentally well with body, and mind in excellent working order (Foot & Hook, 2002).
Innovation is one of the main forces in economic and social development and a basic tool in the growing, resistance and adaptability of the contemporary organizations with the changing environmental conditions as those organizations with no innovation will shortly remove (Drucker, 1995). The problem of the study was sustainable and successful innovation is so difficult to be achieved by Iraqi manufacturing sectors (Al-Mlok and Mohamed 2010; Marane, 2010). Depending on the problem statement, Research questions and objectives of the study were proposed on the basis of a comprehensive literature review. The chapter concludes with a significant and scope of the study.
Safety and health is very important to everybody who works in public sector and private sector. Thus, it is necessary to conduct an accurate assessment for safety and health performance. This chapter introduces occupational safety and health management and its contributions to the assessment of employee's welfare, safety and health at work. OSH management is discussed in the manufacture industries. Moreover, this chapter reviews the literature of the relevant studies.
The fundamental meaning of Safety is that protects the employee and takes away risk in the place of work. So we must understand the safety word in our daily living. Because very useful to us. The majority of body describes safety approach from the mention taken by Paul A McGhee (1951), American College Dictionary; safety is defined as "Freedom from injury or danger, quality or insuring against hurt, injury, danger of risk". Meanwhile the New English Dictionary echoes the equal negative thoughts, "exemption from hurt or injury: freedom from harm and others". Wikipedia, safety is as being 'safe' in term of circumstances being protected against any physical , community, religious, economy, political, emotional, occupational, psychology, schooling or other types of consequences of breakdown, damage, mistake, accident, damage, or any event which could be considered non-desirable. The main objective of safety is to lack the accidents between employees at the place of work. Safety three ways indicated the relations among the dangerous work circumstances and injuries.
"A low accident rate, even over a period of years, is no guarantee that risks are being effectively controlledâ€¦.This is particularly true in organizations where there is a low probability of accidents but where major hazards are present. Here the historical record can be an unreliable or even deceptive indicator of safety performance". (Thomas 2001).
According to Terry E. McSween (2003), unsafe work behavior is according to the result of (1) physical environment, (2) the social environment and (3) workers' experience within these.
In the context of benefits safety in employee, the employee will have better knowledge toward the occupational safety and health standard. As Malaysia becoming a developing country, knowledge plays an important role in each individual to gain the information and increase their knowledge of safety. Without the knowledge about the Occupational safety and Health, the potential injury in the organization in Malaysia will increase yearly. Due to the benefits of knowledge toward the Occupational Safety and Health rules and regulations, it will give a positive impact of work culture. Therefore, when safety becomes a priority issue in the organization, it will increase the productivity of company's 10 where the companies do not have to spend a lot of money on the compensation to the workers.
For the employer benefits, the employer will be alerted toward the injury at workplace and becomes more sensitive to the surrounding and will provide a counseling session to the affected employee for them the gain strength and motivation to precede their routine work.
2.3 OCCUPATIONAL SAFETY AND HEALTH
Occupational Safety and Health has effect at workplace to protect the workers. It also plays a great role to deportation accident workers. As a secondary influence, OSH might also protect co-worker, family members, employers, customer, contractor and public communities who are impact by the workplace environment. The main object of the act to promote safety and health awareness between the societies of people is to make sure they are able to have a safe and healthy living not even at the place of work but also in their daily living. This is not only focus on the lower level workers but it also influence the top organization, director and staff to become more responsibility and accountability in their efforts to give the safe environment. Enhancing safety performance is important to the success of health and safety management at work. (Donald and Young, 1996) conducted an intervention-based study on the attitude of employees in a UK power generation company. He argues that the safety performance changes, that indicated improvements in figure of accidents and absence. Improvements were also detected in the common attitude towards safety.
According to a speech by Datuk Dr Fong Chan Onn in the " Seminar Ke Arah Kecemerlangan Keselamatan dan dan Kesihatan Pesihatan Pekejaan di Era 2000", both employers and employees should start practicing health and safety procedures at workplace in order to be more productive (Smith, 2002). His concern is probably based a report from PERKESO in the year 1999, the number of accidents increased from 85338 in 1998 to 92074 cases in 1999.
A new survey by the Institute for Health and Productivity Management (IHPM) shows that musculoskeletal and mental health conditions have the greatest reported negative impact on employee's productivity. Despite this, many employers are reluctant to sponsor disease management programs to reduce costs (Smith, 2002). The Occupational Safety and Health administrative (OSHA) continue to regulate employers by specifying workplace safety and health regulations significantly restrict the manner in which employers may operate. In addition, OSHA continues to vigorously enforce workplace regulation through a complicated and comprehensive program of workplace.
Under the OSHA Act, OSHA was created to encourage employees to reduce workplace hazards and to implement new or improve existing safety and health standards. OSHA Act also provides for research in occupational safety and health and develops innovative ways of dealing with occupational safety and health problems, establish "separate but dependant responsibilities and rights" for employers and employees for the achievement of better safety and health condition, maintain a reporting and recordkeeping system to monitor- job related injuries and illnesses, establish training programs to increase the number and competence of occupational safety and health personnel and develop mandatory job safety and health standards and enforce then effectively.
2.3. 1 OSH Aspects Missing in the Countries' Legislation
In this section, legislation gaps relating to specific occupational risks, specific economic sectors, and specific categories of workers are highlighted. There is a slight confusion between work related risks not covered by legislation discussed in this section, and economic sectors or categories of workers (covered in table 9). As for the degree to which legislation covers OSH risks, it is noticed that priorities vary for different countries, and accordingly, countries may exclude or disregard certain OSH aspects.
Table 1: Covered and Uncovered Sectors by OSH Legislation
Coverage of OSH Legislation
Economic Sectors Excluded
According to the law, all workers are covered
Commercial and services sector
Around 70-80% of the economically active
The military sector
All workers and economic sectors are covered
Due to various social, economic, and organizing
factors, not all sectors are properly inspected
60% of economically active population
Agriculture, domestic, temporary work and trade sectors.
Around 50% of the economically active population
The sectors excluded from the Labour code
All sectors covering the Labour code
all sectors following Labour code are covered by OSH legislation
National Labour force in the local sector: 24 997
Local and migrating Labour in 2006: 1 034 831
Only house maids
It ranges between 20-80% of the economically active population; differs among districts; less
coverage in remote areas
All economic sectors
Industrial, commercial, artisan, agricultural, and related enterprises
Enterprises and establishments with industrial,bcommercial, or agricultural character relevant to local collectivities, whether cooperatives, civil societies, syndicates, associations, and groups of all natures.
Employers of liberal professions in the services sectors, and in general
The public sector
All workers and employers follow OSH legislation
The military forces
The public sector
Maids with special working conditions set by the minister
The Public sector
All institutions following the Labour code
The Industrial enterprises in the private sector, and
some public enterprises
Some public sector enterprises
All the labour force follows the OSH legislation, in
addition to those following the Labour code at the
private sector, and those workers following the
laws of agricultural relations No. 56/2004
The unorganized/informal sector (around 40% of the total labour force)
ï€ Family businesses
Housemaids; yet decision No.1461/2004 has allowed their registration in the records of occupational accidents.
2 600 000 economically active worker (2005)
The Public sector
All workers in the private sector following the Labour code
90% of the Industrial sector are covered by OSH