Health Safety and Security NOTE IRP 222
Health Safety and Security NOTE IRP 222
Health Safety and Security NOTE IRP 222
Definition of safety
the state of being safe; freedom from the occurrence or risk of injury, danger, or loss. the
quality of averting or not causing injury, danger, or loss. a contrivance or device to prevent injury or
avert danger.
Security is the deliberate protection against threats while safety is the unintentional
protection against threats. Security is about being protected from things that are meant to
harm you, while safety is about being protected from things that could unintentionally harm you.
Challenges such as, cyber-crime, terrorism, and environmental disasters impact the lives of
millions across the globe. These issues also rank high on the agenda of politicians, international
organizations and businesses. They also feature prominently in the public conscience and in
governmental policies.
The main goal of safety and health programs is to prevent workplace injuries, illnesses, and
deaths, as well as the suffering and financial hardship these events can cause for
workers, their families, and employers.
Here are ten common types of security risks and vulnerabilities, and what to do
about them.
Malware (including fileless malware) ...
Cloud security. ...
Phishing. ...
Ransomware. ...
Data loss. ...
Password attacks. ...
Insider threats. ...
DDoS
Network vulnerabilities
Formjacking
Perhaps the most basic and familiar threat to many users, malware covers a wide range
of unwanted programs that can cause any number of issues for a business, from
destroying data to sapping resources by turning machines into botnets or
cryptocurrency miners.
In 2021, over five billion malware attacks were logged by SonicWall, with the overall
number of attacks rising by a whopping 232% since 2019. In fact, 64% of IT leaders
cited malware as the biggest security challenge they’re facing this year.
There are a few key categories, such as viruses, which seek to replicate and spread as
widely as possible, Trojans, which gain entry to networks by disguising themselves as
legitimate applications, and spyware, which looks to monitor an employee's usage to
gather sensitive data.
Defending against these multitude of threats is no easy task, which is why having strong
antimalware tools is paramount. There are hundreds of tools out there claiming to offer
protection, but organizations need to ensure the solutions they choose can detect even
previously unknown malware by spotting their key characteristics - for example, a
program that tries to hide once installed. It's also essential this is kept up to date and
is able to scan every potential entry point to a network, from emails to USB flash drives.
2. Cloud security
The majority of businesses, both small and large, work in the cloud. From reduced IT
costs to improved scalability and easier collaboration - there are plenty of reasons most
modern organizations rely on cloud computing. However, it’s not without its own set of
challenges.
Cloud security is one of the main cybersecurity threats businesses are facing this year,
with 57% agreeing that it’s the most significant threat after malware. Some of the main
concerns businesses must be aware of when it comes to cloud security include account
hijacking, misconfigurations, external data sharing, data loss/leakage, unauthorized
access and insecure interfaces/APIs. For more insights, access the State of Cloud
Security report here.
Protecting against cloud security threats
Implementing robust cloud security practices can help protect against the various
threats and vulnerabilities to ensure your infrastructure and data is secure. From
securing user endpoints to implementing encryption and highlighting the importance of
good password hygiene, getting cloud security right requires attention to detail. It’s also
important to ensure you choose the right cloud provider from the get-go, which will take
some of the weight off your shoulders when it comes to ensuring your company’s and
customers’ safety in the cloud.
3. Phishing
One of the most common types of social engineering threat, phishing typically involves
sending emails that purport to be from a recognized and trusted source, usually with a
fake link that invites them to enter personal details into an online form. Some 51% of IT
professionals agree that phishing and other social engineering attacks are the biggest
challenges they face this year.
These are often designed as ways to get access to financial data or username and
password combinations, but they can do more than that - especially with the more
targeted 'spear phishing' variety, which will be tailored precisely to an individual
recipient.
For example, in April 2021, security researchers discovered a Microsoft 365 phishing
scam that steals user credentials. This Business Email Compromise (BEC) attack works
by sending emails with disguised .html files attached. Once the user opens this file,
they’re directed to a website that contains malicious code and told that they’ve been
logged out of Microsoft 365 and invited to log in again. Once they do this, the user’s
credentials are sent to the fraudsters in charge of the scam.
Effective email security tools can help reduce the likelihood of such emails getting
through, but they're not 100% effective. Therefore, user education is the best way to
tackle this threat. By training people to be wary and spot the telltale signs of a phishing
attempt, firms can ensure their employees are not handing over valuable data to anyone
that asks for it.
4. Ransomware
To defend against ransomware, prevention is certainly better than a cure. Indeed, once
files are encrypted, there’s often nothing firms can do to get them back without paying a
ransom, or waiting and hoping a key is released publicly. Therefore, as well as normal
antimalware procedures, an essential defense is to ensure all key files are safely
backed up away from the primary network.
5. Data loss
Data is frequently described as the new oil, and for many hackers, the ultimate aim of
their efforts will be to steal it in order to sell it on the dark web for use in identity fraud,
blackmail or as part of corporate espionage.
With data the lifeblood of all business operations today, it’s no wonder that 26% of
companies consider data loss to be the biggest cybersecurity threat they’re facing this
year. Whether it's social engineering or hacking into a database using known
vulnerabilities, getting data out of an organization is often the final step of any attack.
It may be the case that hackers can sit inside a network for months looking for the most
valuable information and waiting for the right time to act, so even if a firm's perimeter
has been breached, there are still measures businesses can take to protect themselves
from the most serious consequences - but to do this, they'll need good data loss
prevention tools.
This usually refers to a series of measures designed to look for suspicious activities and
block the access and exfiltration of data by unauthorized users. It may monitor
endpoints and send out alerts if data is copied or transferred outside of normal,
approved processes.
6. Password attacks
Brute forcing
Dictionary attacks
Keylogging
Password spraying
One recent example of a password breach was a supply chain attack that involved
software from SolarWinds. The attack compromised U.S. government agencies as
hackers exploited an unnoticed vulnerability in their cybersecurity provider’s network
monitoring software. This allowed them to infiltrate companies reliant on SolarWinds
software and access their confidential email communications.
7. Insider threats
It's often said that the biggest weakness in any security system is the part sitting behind
the keyboard. While many of the above threats can be assisted by careless employees
who don't follow basic security guidelines, you should also be taking steps to ensure
your employees can't harm the business deliberately, as well as accidentally. Although
it’s not the top cybersecurity concern, 17% of companies still consider protecting against
insider threats a significant challenge this year. Malicious insiders who are looking to
extract data or damage systems are a threat that any business may face, and it can be
tough to predict, so it pays to take precautions.
Ensuring all employees have the right level of access is the first step. Restricting users
to only the applications and data they need to do their job can be a great help - but of
course, it will not stop privileged users and those who have a legitimate need to access
sensitive information. It’s also important to hold security training sessions to make sure
your staff are aware of insider threats and the risk they pose.
Therefore, this needs to be backed up with effective monitoring that can quickly identify
any unusual or suspicious activity and shut it down, or challenge users to confirm they
have a genuine reason for their actions.
8. DDoS
Until recently, DDoS attackers were regarded as more of a nuisance than a serious
threat to firms. They might take a website offline for a few hours, which would certainly
have an impact on revenue for digital-focused firms, but that was about the limit of their
impact. Now, however, the landscape is different. Sustained botnet attacks are bigger
than ever before and can last for days or weeks rather than hours, and they're also
increasingly used as a cover for other attacks, such as data exfiltration, rather than
being an end in themselves.
Therefore, preventative and remedial measures must be taken. While companies can
take several steps themselves, such as bandwidth buffering, having a DDoS mitigation
service can be the most effective defense.
In 2021 the largest DDoS attack ever was recorded when Microsoft mitigated an attack
involving an Azure customer with a throughput of 3.45 Tbps and a packet rate of 340
million PPS. Once detected, it’s vital to trace the source of the attack to ensure you
won’t simply fall victim to it a second time. You can do this by working with cybersecurity
professionals and law enforcement experts to ensure your business is protected in the
future.
9. Network vulnerabilities
Enterprise networks are getting ever-more complex, and that means the number of
potential vulnerabilities within them is on the rise. Issues such as zero-day attacks, SQL
injections and advanced persistent threats all seek to take advantage of weaknesses in
code that can allow hackers to gain access to a network in order to plant malware,
exfiltrate data or damage systems.
One of the main ways hackers do this is by taking advantage of outdated and
unpatched software, so ensuring all systems are up-to-date is vital in guarding against
many of these attacks. Yet it's something that many businesses still fail to do, with one
in three data breaches originating from vulnerabilities left by unpatched software.
10. Formjacking
Formjacking is among the most recent types of cyber security threat. It occurs when
hackers inject malicious code into a web page form to collect sensitive data. They most
often occur on payment page forms, so that when a user inputs their payment
information the attacker can collect the card number, address, customer name and
phone number. This is part of a group of cyberattacks known as supply chain attacks.
To ensure your customer data is secure, make sure that you’ve implemented robust
antivirus software and use MFA to protect accounts. This will make it more challenging
for hackers to infiltrate your web pages.
There are numerous steps businesses must take to ensure their IT security is up to
scratch and effectively protecting various aspects of their digital infrastructure. Today, IT
professionals are taking a holistic approach to cybersecurity, ensuring that their
companies are protected at every level to identify and mitigate threats before they arise.
There are various types of cybersecurity tools, and it can be challenging to understand
which ones to prioritize.
These are just some of the essentials of an IT professional’s toolkit, and it’s important to
ensure all of your bases are covered to protect against the various types of threats.
What do you understand as the concept of health and safety in the organisation?
The main goal of safety and health programs is to prevent workplace injuries, illnesses, and
deaths, as well as the suffering and financial hardship these events can cause for
workers, their families, and employers.
This is one of the three E's of safety: Evaluation, Education, and Enforcement.
Evaluation. Evaluation is critical to creating a safe workplace and requires a consistent
process. ...
Education. Education is meant to increase a person's understanding of a subject. ...
Enforcement.
However, for you to gain the knowledge of these elements, it will likely require extra effort in
understanding the 5 E's of safety - education, encouragement, engineering, enforcement,
and evaluation. Education is a significant part of your strategy that will ensure you promote a
safe environment and workplace.
Safety policies should include critical operating information for employees to embrace
and follow throughout their day to day working lives. These policies should include
everything from general operating procedures such as: what to do in case of a fire, how
often fire drills are practiced to detailed instructions for dealing with injuries if someone
is hurt on the job or while in the building.
It’s also a good idea to remind employees often that safety takes priority over
productivity. This message can sometimes get lost with the daily pressures of meeting
order commitments. Employees sometimes feel that they get mixed messages, so be
sure to remind employees of the priority of safety.
Focused, consistent messaging about safety and health can create loyal, productive,
and accountable employees who feel respected and valued by the company. Regular,
ongoing communication educates employees, helps to show the values of the company,
and it helps to reinforce the right behaviors.
Make sure that employees feel a strong personal connection to their own safety and the
safety of others – “shared accountability.” The benefits of this mutual caring by
employees will be recognized instantly. You’ll see that employees embrace safety
policies rather than avoid them. As a result, you’ll find a reduction in the frequency and
severity of incidents and near-misses improving the overall effectiveness of your safety
management program.
Unsafe behavior is naturally habitual for most employees and they are unaware of
it. Oftentimes, an activity has been done the wrong way for so long that employees
aren’t even conscious of the incorrect behavior in many cases. Companies can create
good behavior by forming positive habits while breaking old ones. That’s where the
concept of habit change comes into play.
In order to create habit change, Clear uses a framework called the 3R’s of Habit
Change:
The ability to quickly and precisely identify high-risk situations is something that should
be on every safety leader’s checklist for safety performance. Leading indicators can
provide insight so that the organization can predict what could happen and take action
to avoid accidents from occurring. Leading indicators include measures such
as frequency of safety training, number of and results of safety audits and inspections,
as well as the behaviors reflecting operations including mean time of completion of
corrective action, employee involvement in proactive activities and even leadership
involvement.
Through gaining insights into leading and lagging indicators, organizations can gain a
complete picture of all safety program activity, with the ultimate goal of preventing
accidents before they ever happen.
Some anecdotal stories describe companies compiling data for days for their annual
meetings. Investing in safety management software with customizable analytics can
resolve the issue and give you time and money back.
5. Cutting edge tools and systems
Companies with low injury rates equip their employees for success and they do so
through more than just processes and safety management programs. They leverage
cutting-edge tools and systems to keep their employees prepared and ready to handle
whatever they need to.
The most impactful safety management program is one that equips any employee to
quickly access the information they need and report an issue. Whether that information
is an SDS Sheet, a training record, or the result of a safety audit, companies are now
leveraging mobile safety management solutions to improve the timeliness of response
and communication.
Just like companies provide their employees with PPE (Personal Protective Equipment),
the best safety leaders recognize the importance of mobile safety software to improve
their overall safety management program. This is becoming even more important as
younger workers who grew up as digital natives look for employers that accommodate
working in ways that are natural and preferred for them. They can’t imagine having to fill
out a paper form, fax it to someone, keep a copy for their file, etc. They expect
employers to use tools that they use in their daily life to ease their adoption of
organizational operations.
Public speaker and training expert Richard Hawk has a solution to helping you keep
training engaging, fun, and effective for all employees: keep your content high energy,
and use storytelling to connect with people.
According to industry expert Jake Woolfenden “The biggest problem with most safety
management programs is that they focus on preventing injuries by highlighting how bad
things can get – scaring employees straight. While that’s somewhat effective, it does
very little to motivate employees to perform better.” This results in a fear-based culture
rather than one based on success, thus reducing employee morale.
Successful safety management programs and plans consistently promote proper safety
through continuous education, consistent reinforcement, and ongoing improvements.
Make sure employees understand that they shouldn’t take shortcuts and that safety is
the top priority. An accident impacts productivity more than anything in a business, so
make sure that the correlation between safety and productivity is understood by all –
especially those managers who are evaluated on productivity.
Employees should feel interested and obligated to report a hazard or potential issue
when they see it. When everyone feels a sense of responsibility for carrying out safety
policies and procedures, the entire organization will improve its safety.
By protecting your workers, you reduce absences, ensuring that your workplace is more
efficient and productive. Research shows that workers are more productive in workplaces that
are committed to health and safety. Reducing down-time caused by illness and accidents
means less disruption – and saves your business money.
Keeping workers safe will improve employee morale and when employees are happy with
their job, the more productive they will be. Employees operate much more efficiently when
they know they can complete their job or task without their health being affected. An effective
safety program also works to reduce risk.
Induction training
workplace orientation.
fire safety and emergency procedures.
first aid.
health and safety (such as risk assessments or accident reporting procedure)
welfare facilities.
safe use of workplace tools, machinery, equipment.
risk assessments.
maintenance or storage of personal protective equipment.
Accidents are defined as unplanned occurrences which result in injuries, fatalities, loss of
production or damage to property and assets. Preventing accidents is extremely difficult in the
absence of an understanding of the causes of accidents. Many attempts have been made to
develop a prediction theory of accident causation, but so far none has been universally accepted.
Researchers from different fields of science and engineering have been trying to develop a theory
of accident causation which will help to identify, isolate and ultimately remove the factors that
contribute to or cause accidents. In this article, a brief outline of various accident causation
theories is presented, followed by a structure of accidents.
According to W.H. Heinrich (1931), who developed the so-called domino theory, 88% of all
accidents are caused by unsafe acts of people, 10% by unsafe actions and 2% by “acts of God”.
He proposed a “five-factor accident sequence” in which each factor would actuate the next step
in the manner of toppling dominoes lined up in a row. The sequence of accident factors is as
follows:
1. ancestry and social environment--eg Drugs , alcohols, behaviour and upbringing etc.
2. worker fault-- eg. reckless, heedless, carelessness etc.
3.Unsafe act together with mechanical and physical hazard---eg performing task without proper
tools.
In the same way that the removal of a single domino in the row would interrupt the sequence of
toppling, Heinrich suggested that removal of one of the factors would prevent the accident and
resultant injury; with the key domino to be removed from the sequence being number 3.
Although Heinrich provided no data for his theory, it nonetheless represents a useful point to
start discussion and a foundation for future research.
Multiple causation theory is an outgrowth of the domino theory, but it postulates that for a single
accident there may be many contributory factors, causes and sub-causes, and that certain
combinations of these give rise to accidents. According to this theory, the contributory factors
can be grouped into the following two categories:
Behavioural. This category includes factors pertaining to the worker, such as improper
attitude, lack of knowledge, lack of skills and inadequate physical and mental condition.
Environmental. This category includes improper guarding of other hazardous work elements
and degradation of equipment through use and unsafe procedures.
The major contribution of this theory is to bring out the fact that rarely, if ever, is an accident the
result of a single cause or act.
According to the pure chance theory, every one of any given set of workers has an equal chance
of being involved in an accident. It further implies that there is no single discernible pattern of
events that leads to an accident. In this theory, all accidents are treated as corresponding to
Heinrich’s acts of God, and it is held that there exist no interventions to prevent them.
Biased liability theory is based on the view that once a worker is involved in an accident, the
chances of the same worker becoming involved in future accidents are either increased or
decreased as compared to the rest of workers. This theory contributes very little, if anything at
all, towards developing preventive actions for avoiding accidents.
5) Accident proneness theory:
Accident proneness theory maintains that within a given set of workers, there exists a subset of
workers who are more liable to be involved in accidents. Researchers have not been able to
prove this theory conclusively because most of the research work has been poorly conducted and
most of the findings are contradictory and inconclusive. This theory is not generally accepted. It
is felt that if indeed this theory is supported by any empirical evidence at all, it probably accounts
for only a very low proportion of accidents without any statistical significance.
Those who accept the energy transfer theory put forward the claim that a worker incurs injury or
equipment suffers damage through a change of energy, and that for every change of energy there
is a source, a path and a receiver. This theory is useful for determining injury causation and
evaluating energy hazards and control methodology. Strategies can be developed which are
either preventive, limiting or ameliorating with respect to the energy transfer.
Control of energy transfer at the source can be achieved by the following means:
The receiver of energy transfer can be assisted by adopting the following measures:
Limitation of exposure
Use of personal protective equipment.
The “symptoms versus causes” theory is not so much a theory as an admonition to be heeded if
accident causation is to be understood. Usually, when investigating accidents, we tend to fasten
upon the obvious causes of the accident to the neglect of the root causes. Unsafe acts and unsafe
conditions are the symptoms—the proximate causes—and not the root causes of the accident.
Structure of Accidents :
The belief that accidents are caused and can be prevented makes it imperative for us to study
those factors which are likely to favour the occurrence of accidents. By studying such factors, the
root causes of accidents can be isolated and necessary steps can be taken to prevent the
recurrence of the accidents. These root causes of accidents can be grouped as “immediate” and
“contributing”. The immediate causes are unsafe acts of the worker and unsafe working
conditions. The contributing causes could be management-related factors, the environment and
the physical and mental condition of the worker. A combination of causes must converge in
order to result in an accident.
Summary:
Accident causation is very complex and must be understood adequately in order to improve
accident prevention. Since safety lacks a theoretical base, it cannot be regarded as being a
science yet. This fact should not discourage us, as most of the scientific disciplines—
mathematics, statistics and so on—passed through a similarly tentative phase at one time or the
other. Accident causation study holds great promise for those who are interested in developing
the pertinent theory. At present, theories of accident causation are conceptual in nature and, as
such, are of limited use in preventing and controlling accidents. With such a diversity of theories,
it will not be difficult to understand that there does not exist one single theory that is considered
right or correct and is universally accepted. These theories are nonetheless necessary, but not
sufficient, for developing a frame of reference for understanding accident occurrences.
The Nigeria's Factories Act of 2004, the Employee Compensation Act of 2010, the Minerals Oil
Safety Regulation of 1999 and the Harmful Waste Act of 1990 are pieces of legislation that
included provisions for the safety, health and welfare of Nigerian workers beyond the
Constitution of the Federal Republic of Nigeria ...
The Factories Act of 2004 mandated all factories to provide report of occupational accidents to
the Federal Ministry of Labour and Productivity Inspectorate Division (FMLPID).
What is Factory Safety?
Safety in the manufacturing process is important to prevent or minimize the risk of worksite
injuries, related illnesses and even death. Employee morale and efficiency improves with a
highly effective safety process.
The Nigeria’s Factories Act of 2004, the Employee Compensation Act of 2010,
the Minerals Oil Safety Regulation of 1999 and the Harmful Waste Act of 1990 are
pieces of legislation that included provisions for the safety, health and welfare of
Nigerian workers beyond the Constitution of the Federal Republic of Nigeria 1999,
and the Labour Act of 2004. Unfortunately, despite having this robust legal code,
one still wonders why the rate of accidents in factories operating in Nigeria is on the
rise.
Part V of the Act enumerates the measures to be taken to protect persons against
the inhalation of the dust, fume or other impurities, and to prevent its accumulation
in workrooms. Exhaust appliances are provided very close to where the dust, fume
or other impurities originate from. This prevents it from polluting the air in workrooms.
Additionally, protective cloths and appliances such as gloves, footwear, goggles and head
coverings are provided for workers who are exposed to wet, injurious substances.
Part I deals with Registration of Factories: Registration of new and existing factories etc
Part II which includes issues such as cleanliness, overcrowding, ventilation, lighting,
drainage, sanitary conveniences and the duty of inspectors as to
sanitary defects;
Part III comprises of general safety provisions for workers working with
machines and other equipment;
Part V deals with special provisions and regulations on health, safety and
welfare;
Part VI provides for notification, investigation of accidents and industrial
diseases;
Part X states provisions that deal with offences, penalties and legal
proceedings.
Specifically, with reference to Part III of the Factory Act 2004, which comprise
Sections 14 – 39, the regulation stipulated safety precautions that must be adhered to
regarding the interaction between employees and work facilities. These areas require
keen attention in ensuring employer’s compliance, because every work process
require certain degree of mastery before attaining a given level of efficiency.
Additionally, it is worthy of note that attainment of mastery in the use of certain
work facility does not guarantee absolute exoneration of injury at work place. So
employers should give routine updates of risk prone work facilities to their
employees to reduce hazard that might occur by common avoidable mistakes.
Employers should provide fire extinguishers and fire alarms at strategic
locations and train personnel on how to fight fire incidents in case of eventuality.
Unfortunately, as good as Part IV of the Factories Act appear, they are
insufficient as there is no provision compelling employers to make full medical
insurance available to workers. Employers should be made to provide different
degrees of HMOs covering workers as this is in accordance with Section 17 (3) (d)
of the 1999 Constitution which states that the employer must provide adequate
medical and health facilities to her employees.
Furthermore, Sections 51, 52 and 53 (Part VI) of the Factories Act, stipulate that
employers should notify institutional agency of accidents within a period of three
days from the day of occurrence. And any employer who fails to report an accident
under this section shall be guilty of an offence and shall on conviction be liable to a
fine not exceeding N1000. This fine is grossly inadequate because it reduces the
value of the employee whose life is at the frontline. This implies that a firm with
worrisome incident might deliberately flout these laws because the consequence of
violation is trivial. This fine should be repealed with a greater penalty capable of
discouraging trivial handling of accidents at workplace.
Welfare facilities in a workplace-What the Nigeria factory law says about It.
Welfare facilities and provisions in a workplace are the responsibility of the employer. First of
all, The Factories Act Cap F1 Laws of the Federation of Nigeria 2004 was solely enacted for the
protection of the occupational safety and health of Nigerian workers in all occupations.
This law has requirements for factory workers and other professionals endangered
by occupational hazards with the needed safety and penalties when there is any breach of the act.
Section 40-44 of the act gave an explicit provision of welfare facilities in the workplace.
1. Toilet facilities.
A toilet facility is essential in the workplace. Mostly, the workers should have a place to empty
their bowels whenever there is a need for such. There has to be an adequate number of toilets
that will serve the workers present. Toilets for men should be separate from that for women.
They should be maintained clean at all times.
The toilet facility has to be protected from the weather with proper ventilation and illumination.
The floor of the toilet has to be free from water to avoid slip hazards. Disabled workers are to be
taken into consideration in the provisions of the toilet.
2. Washing facilities.
The presence of washing facilities is essential in the workplace. It has to be very accessible to
workers. Washing facilities with a shower depending on the nature of the work where workers
need to take a shower as a reason for their work. Workers most times need to take a shower if the
work is dirty, strenuous, and involves potential contamination with hazardous substances.
Washing facilities to have soaps, running water, a towel, and a means of drying the clothes.
Section 41(1)of Nigeria factories act- There shall be provided and maintained for the use of all
persons employed adequate and suitable facilities for washing which shall be conveniently
accessible and shall be kept in clean and orderly condition.
3. Drinking water.
The provision of clean drinking water is essential in the workplace.It has to be accessible to all.
Portable water or nonportable one may be present. There should be a separation between the two
water, and it has to be labelled.
Section 40 (1) of Nigeria factories act -an adequate supply of drinking water shall be provided
and maintained at suitable points conveniently accessible to all persons employed.
Section 40(2) of Nigeria factories act -supply of drinking water which is not laid on shall be
contained in suitable vessels and shall be renewed at least daily, and all practicable steps shall
be taken to preserve the water and vessels from contamination; and a drinking water supply
( whether laid on or not ) shall, in such cases as an inspector may direct, be clearly indicated by
a notice in English and in such Nigeria languages as the inspector may require.
Section 40(3) a supply of drinking water shall not be used for the purpose of washing up, and a
supply of water for washing up shall not be used as drinking water.
Section 40(4) the location of drinking water shall be set apart from the location of water for
washing up.
Section 43 of Nigeria factories act- There shall be provided and maintained for the use of all
persons employed adequate and suitable accommodation for clothing not worn during
working hours.
Changing rooms cater for workers to change into special workwear. They have to undress in
such a room. Adequate provision has to be made for such a room to be clean, neat, and
adequately lit with proper ventilation. There have to be separate facilities for men and women.
Workers should have accessible areas where they can take a break away from work activities.
They have to have a sufficient sitting and be away from hazardous exposures from work.
However, eating facilities should be made available as well. Those places have to be hygienic.
There have to be arrangements for food and drinks in those facilities. Smoking facilities have to
be made available to protect non-smokers from second-hand smoke.
This is vital for any company. It caters to emergency treatment for an injured worker. First aid is
done before mobilizing the victim to a hospital. In some cases, there has to be an ambulance
present in the company depending on the size of the company’s employees. The factory act gave
an exemption of the first aid box if there is an ambulance room present in the workplace.
Section 43 (1) of the Nigerian factories act- There shall be provided and maintained so as to be
readily accessible a first aid box or a cupboard of the prescribed standard, and where more than
one hundred and fifty persons are employed an additional box or cupboard for every additional
one hundred and fifty persons.
Section 42(2) for the purposes of the subsection one of this section the number of persons
employed in factory shall be taken to be the largest number of persons employed therein at any
one time, and any fraction of one hundred and fifty shall be reckoned as one hundred and fifty,
so however, that where the persons employed are employed in shifts the calculation of the
number employed should be according to the largest number at work at any given shift.
Section 44 -exemption if an ambulance room is provided at the factory and such arrangements
are made as to ensure the immediate treatment there of all injuries occurring in the factory,the
director of factories may by certificate in writing exempt the factory from the requirements of
section 43 of this act to such extent and subject to such conditions as he may specify in the
certificate.
Occupational Health Services Convention 1985 No.161 provides for the establishment of
enterprise-level occupational health services which are entrusted with essentially preventive
functions and which are responsible for advising the employer, the workers and their
representatives in the enterprise on maintaining a safe and healthy working environment.
Health and work activities are interdependent. Although it is generally agreed that work helps to
keep an individual in good health as long as it does not overtax his physical and mental
capacities, various factors inherent in work can have harmful effects on workers' health: the type
of work done, the physical and mental effort involved, the materials and products used, the
nature of the working environment, the conditions in which the work is performed and how it is
organized.
The protection of the worker against sickness, disease, and injury arising out of employment is
one of the main objectives of the ILO. Over the years, the concern for the protection of the
worker has evolved to assume a broader coverage of the fundamental objectives embodied in the
ILO Constitution and the Declaration of Philadelphia. The 1984 International Labour Conference
Resolution concerning the improvement of the working conditions and environment laid down
the following principles:
Work should take place in a safe and healthy working environment; conditions of work should
be consistent with workers' well-being and human dignity; work should offer real possibilities
for personal achievement, self-fulfillment, and service to society.
The ILO develops international labour standards in the field of safety and health at work to guide
governments in setting national laws and regulations and enforcing their application at the workplace.
Employers and workers and their organizations also have the framework to improve working conditions
and occupational safety and health.
The ILO Convention on Occupational Safety and Health, 1981 (No.155) defines health in
relation to work as not merely the absence of disease or infirmity, it also includes the physical and
mental elements affecting health that are directly related to safety and hygiene at work.
Since 1950, the ILO and the WHO have a common definition of occupational health. This
definition was adopted by the Joint ILO/WHO Committee on Occupational Health at its first
session (1950) and revised at its twelfth session (1995):
Occupational health should aim at: the promotion and maintenance of the highest degree of
physical, mental, and social well-being of workers in all occupations; the prevention amongst
workers of departures from health caused by their working conditions; the protection of workers
in their employment from risks resulting from factors adverse to health; the placing and
maintenance of the worker in an occupational environment adapted to his physiological and
psychological capabilities and, to summarize, the adaptation of work to man and of each man to
his job.
The focus in occupational health is on the three different objectives: (i) the maintenance and
promotion of workers' health and working capacity; (ii) the improvement of working
environment and work to become conducive to safety and health; and (iii) the development of
work organizations and working cultures in a direction which supports health and safety at work
and in doing so also promotes positive social climate and smooth operation and may enhance the
productivity of the undertakings. The concept of working culture is intended in this context to
mean a reflection of the essential value systems adopted by the undertaking concerned. Such a
culture is reflected in practice in the managerial systems, personnel policy, principles for
participation, training policies, and quality management of the undertaking.
Occupational health activities cover the whole spectrum of activities undertaken by employers,
workers and their organizations, designers and architects, manufacturers and suppliers,
occupational health professionals and practitioners, legislators and parliamentarians, labour and
health inspectors, work analysts and work organization specialists, standardization organizations,
universities and research institutions to protect workers’ health and to promote safety and health
at work.
There are more than 35 up-to-date ILO instruments directly relevant to the health and safety of
workers at work. The general principles and policies on occupational health are essentially
contained in the following three ILO Conventions and their accompanying Recommendations:
The Convention on Occupational Safety and Health (No.155) and its Recommendation
(No. 164) provide for the adoption of a national occupational safety and health policy
and describe the actions needed at national and enterprise levels to promote occupational
safety and health and to improve the working environment
The Occupational Health Services Convention (No. 161) and its Recommendation (No.
171) provide for the establishment of occupational health services which will contribute
to the implementation of the occupational safety and health policy and will perform their
functions at the enterprise level
The Promotional Framework for Occupational Safety and Health Convention (No.
187) and its Recommendation (No. 197) provide for a national policy, national system,
and national programme to promote continuous improvement of safety and health at work
to prevent occupational injuries, diseases, and deaths and to take active steps towards
achieving progressively a safe and healthy working environment by taking into account
the principles set out in the ILO relevant instruments.
At its 110th Session in June 2022, the International Labour Conference decided to amend
paragraph 2 of the ILO Declaration on Fundamental Principles and Rights at Work (1998) to
include “a safe and healthy working environment” as a fundamental principle and right at work,
and to make consequential amendments to the ILO Declaration on Social Justice for a Fair
Globalization (2008) and the Global Jobs Pact (2009).
The International Labour Conference also decided to designate the Occupational Safety and
Health Convention, 1981 (No. 155) and the Promotional Framework for Occupational Safety
and Health Convention, 2006 (No. 187) as fundamental Conventions, in line with its decision to
recognize the right to a safe and healthy working environment as one of the fundamental
principles and rights at work. ILO Member States, regardless of their level of economic
development, commit to respect and promote these principles and rights, whether or not they
have ratified the relevant fundamental Conventions.
This Act was enacted to address the patent errors, loopholes and some other area
not covered and repeals the Workmen Compensation Act of 2004.
The Act provides a shield and guides the employees who suffer from
occupational diseases or sustain injuries arising from accidents at the workplace or
in the course of discharging their duties in the workplace or off workplace but sent
by the employer. This Act applies to all employers and employees in the public and
private sectors in the Federal Republic of Nigeria.
This Act was enacted to equip the employee with a fair and guaranteed
compensation for them or their dependent in case of any bad occurrence that may
occur during the course of discharging their duties. It also caters for rehabilitation of
workers when they encounter work-related disabilities. It establishes and maintains a
solvent compensation fund which is done in the employees’ interest.
The Employee Compensation Act, of 2010, is a social security/welfare scheme that
provides comprehensive compensation to employees who suffer from occupational
diseases or sustain injuries arising from accidents at the workplace or in the course of
employment. The basis or justification for ‘compensation’ is the employer’s duty of care.
THE OBJECTIVES OF THE ACT
The Employee’s Compensation Act opens with the objectives of the act as provided for
in Section 1 as follows:
Provide for an open and fair system of guaranteed and adequate compensation
for all employees or their dependants for any death, injury, disease, or disability
arising out of or in the course of employment;
Provide rehabilitation to employees with work-related disabilities as provided in
the Act;
Establish and maintain a solvent compensation fund managed in the interest of
employees and employers;
Provide a fair and adequate assessment for employers;
Provide an appeal procedure that is simple, fair, and accessible, with minimum
delays; and
Combine efforts and resources of relevant stakeholders for the prevention of
workplace disabilities, including the enforcement of occupational safety and
health standards.
KEY COMPONENTS OF THE LEGAL FRAMEWORK INCLUDE:
1. Scope and Application: The Employee Compensation Act applies to all
employers and employees in both the public and private sectors, with limited
exemptions for certain categories of workers e.g., members of the armed forces
of the Federal Republic of Nigeria. Sections 2 and 3 of the Act
2. No-Fault Compensation: The Act establishes a no-fault compensation scheme,
meaning that compensation is provided regardless of who is at fault in a
workplace incident. This approach expedites the compensation process and
minimizes legal disputes.
3. Compensable Injuries: The legislation defines compensable injuries as those
arising out of or in the course of employment. This includes injuries sustained
during work hours, on the employer’s premises, or while performing job-related
tasks. Section 11 of the Act
4. Benefits and Compensation Structure: The Act outlines the types of benefits
employees are entitled to in case of injuries, disabilities, or death. These benefits
include medical expenses, temporary or permanent disability benefits, and
survivor benefits for dependents in the event of a work-related fatality. Section 7
– 10 of the Act
Notably, the provision of Section 7 of the Act widens the scope of liability of an
Employer to the Employee, providing that:
Section 7
(1) Any employee, whether or not in a workplace, who suffers any disabling injury
arising out of or in the course of employment shall be entitled to payment of
compensation by Part IV of this Act.
(2) An employee is entitled to payment of compensation concerning any accident
sustained while on the way between the place of work and:
(a) the employee’s principal or secondary residence
(b) the place where the employee usually takes meals; or
(c) the place where he usually receives remuneration provided that the employer has
prior notification of such a place.
5. Scale of Compensation: The scale of compensation for an injury, disease, or
death suffered in the course of employment is provided under Part IV of the Act.
Section 17 of the Act provides for compensation in fatal cases, stating that where
death results from an injury of an employee, compensation shall be paid to the
dependents of the deceased. The compensation paid to the employee’s
widow(er) or children ranges from 30% – 90% of the employee’s total monthly
remuneration as of the date of death, although this is dependent on the
circumstances of the dependents. Section 17 – 25 of the Act. Where the
compensation offer is accepted, this further bars the affected employee or his
siblings from instituting any legal action against the employer in respect of the
same subject matter.
6. Employer’s Liability: Employers are held liable for providing compensation to
employees affected by work-related incidents. The Act specifies the obligations of
employers in promptly reporting accidents, facilitating medical examinations,
and ensuring compliance with the compensation process. Section 5 of the Act
7. Establishment of the Employees Compensation Fund: The legislation
mandates the creation of the Employees Compensation Fund, managed by the
Nigeria Social Insurance Trust Fund (NSITF). The fund serves as the financial pool
from which compensation payments are made to eligible employees. Section 56
– 63 of the Act
8. Compensation Administration: The Act establishes the administrative
structure for the implementation of the compensation scheme. This includes the
role of the NSITF in managing the fund, adjudicating claims, and overseeing the
overall compensation process. Sections 31 and 32 of the Act
One notable achievement is the clear articulation of the compensation process,
providing a structured mechanism for addressing work-related incidents. The legislation
establishes a no-fault compensation scheme, shifting the focus from attributing blame
to swiftly compensating employees. This is a positive departure from traditional legal
processes that could be protracted and adversarial.
CHALLENGES AND REALITIES
However, the effectiveness of these laws faces challenges in practical implementation.
Delays in the disbursement of compensation and disputes over the extent of liability are
issues that need attention. The administrative hurdles and complexities in navigating
the compensation process sometimes hinder the timely delivery of benefits to affected
employees.
Furthermore, the scope of these laws may need to advance to address the changing
nature of work. The rise of non-traditional employment arrangements, such as gig work
and freelancing, presents new challenges in defining employer-employee relationships
and determining liability in the event of work-related incidents.
To enhance the impact of Employee Compensation laws in Nigeria, there is a need for
strengthened enforcement mechanisms. This involves ensuring that employers are
aware of their obligations and are held accountable for compliance. Furthermore,
streamlined and efficient processes for filing and adjudicating compensation claims can
contribute to a more expeditious resolution of cases.
Public awareness campaigns can also play a crucial role in informing both employers
and employees about their rights and responsibilities under these laws. Improved
awareness can contribute to a culture of safety in workplaces and empower workers to
assert their rights when necessary.
Despite the existence of robust legal frameworks, several challenges persist in the
realm of employee compensation in Nigeria. Enforcement of labor laws can be
inconsistent, especially in smaller enterprises or informal sectors where oversight is
limited. This inconsistency sometimes leads to exploitation and unfair practices, such as
inadequate wages or denial of benefits.
Moreover, the complex nature of the labor market, including issues like contract work,
outsourcing, freelancing, and gig employment, poses challenges in defining and
ensuring fair compensation. The evolving nature of work requires continuous adaptation
of legal frameworks to address emerging trends and protect the rights of all workers.
CONCLUSION
Employee compensation laws in Nigeria provide a crucial foundation for ensuring fair
and just remuneration. However, the practical realities highlight the need for ongoing
efforts to strengthen enforcement mechanisms, address emerging challenges, and
foster a culture of compliance. Employers and employees alike must stay informed
about their rights and obligations to contribute to a work environment where
compensation is not just a legal requirement but a reflection of dignity and fairness in
the workplace. Commendably, the Federal Government of Nigeria issued a circular for
the commencement of the mandatory contribution of one percent of the emoluments of
all public servants to the Employees’ Compensation Scheme of the Nigeria Social
Insurance Trust Fund, NSITF. This should also be emulated by employers in the private
sector.