A PRESENTATION ON EHS, PROVISION

IN LABOUR LAW AND SUGGESTIONS

Shailesh Bhattarai

CM III

nec-CPS

OUTLINES

INTRODUCTION TO EHS

EHS ISSUES RELATED TO INFRASTRUCTURE DEVELOPMENT

1.ENVIRONMENTAL ISSUES
2. OPERATIONAL HEALTH & SAFETY ISSUES

EHS PROVISION IN EXISTING LABOR LAW

SUGGESTIONS FOR IMPROVEMENT IN LABOR LAW

INTRODUCTION
EHS-Environment Health & Safety Fully
adopted in developed country
Not in South Asia
Result- Labor is in risk
Generally 2 objectives:
1. Prevention of incident or accidents that might
result from abnormal operating conditions.
2. Reduction of adverse effect that result from
normal operating conditions .

Eg. Brick factories around

Bhaktapur, Lalitpur areas
release harmful smoke
into the environment.
Cement industries

ENVIRONMENTAL
1. Air Emission & Ambient Air Quality
-cement dust contains Sox, NOx, Co2 emissions
-heavy metals like chromium, nickel, cobalt, lead & mercury
pollutants are hazardeous to
lIving beings

2. Energy Conservation
Building Design
Consumer Products
Alternative Energy

3. Waste water & Ambient water Quality

- fix standard
4. Water Conservation
5. Hazardous Material Management
-syringe,

medicines from hospitals

-lead paints, adhesive, oils from construction industry

http://en.wikipedia.org/wiki/Environment,_health_and_safety

6. Waste Management
-throwing out construction waste
-recycling

7. Contaminated Land & Remediation

-Management of solid and liquid waste
8. Release to water
9. Release to land
10. Use of raw materials & natural resources
11. Energy emitted, heat/radiation/vibration

2. OPERATIONAL HEALTH &

SAFETY
General Facility in Design and Operation
2. Communication and Training
-Tool box Talk
-Safety Trainings
-Timely Health Check up
1.

3. Hazards(Physical, Chemical, Biological,

Radiological, other environmental Hazards)
4. PPE
-Helmets
-Safety Shoes
-Gown
5. Monitoring

ESH ISSUES IN LABOUR ACT

Labour Act 1992

Chapter -5 , Health & Safety
Provision related to Health & Safety
-Keep workplace neat & tidy
-Make necessary provisions for fresh air, adequate light and proper
temperature
-Managing waste disposal
-Make necessary arrangement for dust free environment
-Prevent workers from loud noise by providing PPEs
-Room provision 15 cum; floor height <4 m
-Portable water supply
-Provision of separate toilets for male and female workers
-Compulsory health check up once in a year

Protection of Eyes
-Protection Device
-welding, gas cutting
-dust or pieces while working using mercury, magnet,
irons etc
Protection from chemical substances
Provision for safety against fire
-Fire Fighting Device
-Modern Equipments
Hazardous machines to be fenced
In relation to lifting of heavy weight.

-Minors/Disputes relating to age

Environmental Issues

Environment Protection Act-1997

EIA/IEE
Vague criteria (Areas)
Crusher Industry criteria is ever varying

Suggestions for improvement in

labour act
Labour issues are raised
Environmental issues are not defined
Health related issues
Eg. A person works 20-25 years in a brick industry.
-Health gets severely deteriorated.
-Cant work in the industry furthermore.
-Provision for pensions or incentives or assistance.
Training related to Safety has not been addressed
Eg. 2-3 months ago during septic tank construction 4 workers
were spot death due to electric shock- lack of safety trainings.
Yearly, many people lose their lives due to scaffoldings
accidents.

Economic Assurance
-Accidental insurance provision has not been
mentioned
In some case victims are provided treatment
cost while some are deprived of it
-Bargain in the name of victim
-Accidental or death issues are closed by
threatening the minors or providing some lump

Monitoring
-major one
-proper monitoring, regular investigation
employer and labor are careful
Eg. Ma Pa Se system.
-regular system. So people dont drink and drive.
Result- Minimization in accidents.

SUMMARY
1. Recovery Policy

-Economic Recovery
-Mental Health

2.Strategic & Action Plan

-Construction Safety Plan

-Site Cleanliness
-Labor Health
-Site Safety

3.Insurance Policy

-Labour Insurance
(Accidental or Life)

4.Labor Rights

-Related to women and monirs

-Time frame
-Wages & Incentives
-Capacity of labor
-Health check up

5.Trainings

-Trainings to new labors

-OSH Trainings
-Tool Box Talk
-Induction
-Skill development Trainings
-Periodic safety briefings

6. M&E

-Safety Policies
-Safety Considerations at Site
-Implementation

Environment

Define minimum criteria so as not to obstruct

developmental works
Development without destruction is not
possible
Government initiation of land pooling and
planning correction (Dor Area & Tar Area)

References

http://en.wikipedia.org/wiki/Environment,_health_and_safety

Vaidya S.N ,"Occupational safety and health situation in Nepal.

Labour Act, 1992

Gautam R., & Prasain J N. (2007). Current Situation of Occupational Safety

and Health in Nepal (A Study report), Katmandu: GEFONT.

ILO (International Labour Organisation) (2003). Decent construction work in

Nepal.Katmandu: ILO.

Environment Protection Act, 2053 (1997)