LABOUR LAWS AND Unit 4, section 4: Situation
SITUATION and trendsIN
AND TRENDS in OCCUPATIONAL
occupational health HEALTH
and safetyAND
in
UNIT 4 SECTION
INDUSTRIAL 4
RELATIONS Ghana SAFETY IN GHANA
This section attempts to present to you what is happening in Ghana when it
comes to health and safety at work. This is important because then you will
be helped to place all the discussions on Occupational Health and Safety
within the Ghanaian context and thus understand the issues better.
By the end of the section, you should be able to:
identify the current authentic sources of laws on OHS
list examples of Health and Safety hazards in Ghana
outline some occurrences of OHS in Ghana between 1987-1996
list some OHS programmes in Ghana
outline some principles to be contained in a workplace HIV/AIDS
policy.
Now read on…………………………
The Laws on Health and Safety in Ghana
The most current law on labour issues in Ghana is the Act 651 of 2003. In
this Act, occupational health and safety is comprehensively dealt with. The
Act stipulates clearly among other things, the responsibilities of the
employer as follows:
It is the duty of the employer to ensure that every worker employed
works under satisfactory, safe and healthy conditions. Examples, toilet
facilities, safe drinking water and safety gadgets and clothing.
An employer who, without reasonable excuse, fails to discharge the
obligation commits an offence and is liable on summary conviction to a
fine not exceeding 1000 penalty units or imprisonment for a term not
exceeding 3 years.
An employer shall not dismiss or terminate the employment of a worker
or withhold any remuneration of a worker who has removed him or
herself from work that is perceived to present imminent danger to safety
and health.
An employer shall not require a worker to return to work in
circumstances where there is continuing imminent and serious danger to
life, safety and health of the worker.
An employer is required to report as soon as practicable as and not later
than seven days, from the date of the occurrence of occupational
accidents to the appropriate agency.
The Minister responsible for labour may also by legislative instrument make
regulations providing for specific measures to be taken by employers to
safeguard the health and safety of workers. The main responsibility of the
employee is that of compliance and reporting to the employer, any unsafe or
unhealthy situation that is dangerous.
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Trends
Common Hazards in Ghana and their predispositions
Common Hazards Effects/predispositions
Dust Respiratory disorders (Asthma)
Noise Loss of hearing or impairment
Vibrations Muscular-skeletal problems
Faulty machines Electric shocks
Fire and steam Cancers
Poor posture Back and joint aches and pains
Poor lightening Sight impairment
Chemicals Burns
Source: Nyan and Sefenu, 2010.
These are just a few examples of safety and health hazards in Ghana.
Industrial Accident over the Period 1987 – 1996
YEAR CAUSATION CLASSIFICATION
Fatal Non-Fatal
1987 6 427
1988 7 259
1989 3 210
1990 4 300
1991 7 323
1992 2 444
1993 8 365
1994 6 273
1995 5 302
1996 9 210
Total for the period 57 3,113
Source: Micah & Aikens (2002) as cited in Nyan & Sefenu, 2010.
The practical aspects of Health and Safety in some selected
Multinationals in Ghana
In a study conducted by Enu-Kwesi, Britwum & Akorsu in 2006, it was
revealed that when the effects actually do occur, there are often corrective
measures that entail written accident reports, further preventive measures
such as cleaning of slippery floors, replacement of burst pipes, and the
provision of first aid, and treatment by the company clinic with qualified
medical personnel. The preventive measures often include the presence of
fire fighters, and periodic medical inspections and examination of workers.
Occupational hazards are usually to be reported to the risks and hazards
manager (often the same as Human Resource Manager). In general, the
workers expressed satisfaction with the health and safety measures in place
since there were enough apparel and fire fighters, alongside education and
enforcement of safety regulations. The companies also have evacuation
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LABOUR LAWS AND Unit 4, section 4: Situation and trends in occupational health and safety in
INDUSTRIAL RELATIONS Ghana
procedures like the sounding of sirens and designated assembly points in
times of emergencies. Units also receive safety and cleanliness awards on a
monthly basis.
Accident victims are visited by workers’ representatives as a show of
solidarity and support. The union also frequently cautions workers about
health and safety issues, while ensuring that management meets its
obligations like payment of hospital bills and compensation packages which
are based on workman’s compensation, insurance, labour department’s rules
and regulation and doctors’ determination.
HIV/AIDS
In Ghana the parties in industrial relations, namely, the Ghana Employers
Association, the Ghana Trade Unions Congress and the Government have
come together to develop a national HIV/AIDS policy for the work place
and each organization is require to develop their workplace HIV/AIDS
policy. In the said policy, the following are some of the issues that must be
included.
Non-discrimination – There should be no discrimination against any
worker on the basis of real or perceived HIV status.
Healthy work environment
No pre-employment screening – HIV/AIDS screening should not be
required of job applicants or persons in employment. It should be
voluntary and done after receiving counseling.
Continuation employment relationship – HIV infection is not a cause for
termination of employment. AS with many other conditions, persons
with HIV related illnesses should be able to work for as long as
medically fit for the work.
Confidentially – Access to personal data relating to a worker’s HIV
status should b bound by rules of confidentiality consistent with the
ILO’s code of practice on the protection of the workers’ personal data,
1997.
Prevention – HIV infection is preventable. Employers are required to
work at preventing HIV transmission through training and other
workplace strategies. One company in Ghana put condoms at the
workplace toilets and to the amazement of management, workers were
using them even at the work premises.
Stress
Workplace stress is often the result of employers demanding more from
individual workers than they are able or motivated to give. This situation
causes stress and stress in turn causes a number of health problems for
workers.
Some of these are:
Appetite loss
Indigestion and heartburn
Sleeplessness
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Headaches
Back pain
Nausea
Breathlessness
Fainting spells
Impotence/ frigidity
Safety representatives and trade unions have been instrumental in insisting
that the way and manner work is organized does not lead to stress.
Professional counseling and support service have also been given by some
trade unions as well by some employers.
Alcoholism
Alcohol abuse is a serious problem that is perceived to be common among
some Ghanaian workers. While the exact proportion of alcoholic workers
are not known, it is a fact that alcoholism poses a health threat to the worker
himself, violent threat to other workers and economic threats to the
employer. Both the quality and quantity of the work of the alcoholic’s on-
the-job accidents are likely to increase. Dealing with this has been very
difficult for employers as early symptoms such as tardiness can be similar to
those of other problems and as most managers and supervisors are not
psychiatrist, and without specialize training. However, once it has been
established that a worker is an alcoholic, any of the four (4) traditional
prescriptions listed below could be administered.
Discipline
In-house counseling
Discharge
Referral to outside agency or expert
Ghana has a strong legal framework for Occupational Health and Safety.
What actually is left is compliance to the law as well as the enforcement of
the laws in the cases of non-compliance. Ghana, like any other country, has
a number of workplace health and safety hazards to deal with – Dust,
chemicals, stress, HIV/AIDS, alcoholism among others.
Self-Assessment Questions
1) What is the name of the most current labour law that addresses OHS
issues?
2) List two OHS hazards that are common in Ghana and their
predisposition.
3) How many fatal accidents occurred in 1996?
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