Occupation safety healthy and welfare

TABLE OF CONTENTS 

1.  Purpose………………………………………………………………………………………………… 2

2.  Scope……………………………………………………………………………………………………. 2

3.  Consequences of non-compliance…………………………………………………………. 2

3.1  Legal Penalties………………………………………………………………………………………….. 2

3.2  Reputational risks……………………………………………………………………………………… 2

4.  Policy statement……………………………………………………………………………………. 3

4.1  Duty…………………………………………………………………………………………………………. 3

4.2  Responsibilities…………………………………………………………………………………………. 4

4.3  Commitment……………………………………………………………………………………………… 4

4.4  Compliance………………………………………………………………………………………………. 5

5.  Definitions…………………………………………………………………………………………….. 5

6.  Roles and responsibilities……………………………………………………………………… 5

7.  Associated documents………………………………………………………………………….. 6

8.  Policy life cycle……………………………………………………………………………………… 7

9.  Document metadata………………………………………………………………………………. 7

1.        Purpose

The purpose of the Policy on Occupational Safety, Health and Welfare (OSHW) of Potàmi International University (Point Uni; the University) is to ensure that all stakeholders create and sustain a healthy, safe, risk-free environment for all persons on all Point Uni premises.

2.        Scope

This policy applies to all faculties and academic departments, all professional service divisions and sections, as well as permanent and contract employees, students, contractors, and visitors to all Point Uni premises.

3.        Consequences of non-compliance

Non-compliance with the Occupational Safety, Health and Welfare (OSHW) Act may result in two categories of consequences. The first pertains to legal penalties as set out in the OSHW Act and the second speaks to reputational risks to the Institution.

3.1     Legal Penalties

The penalties that the Department of Labour (DOL) could impose upon employers (i.e Point Uni) may range from simple warnings with conditions of rectification attached, to the closure of premises, a fine or imprisonment. The Act states as follows:

Section 82 & 83: Offences and Penalties

(1) Every occupier or owner of a workplace who contravenes or fails to comply with any provision of this Act or regulations made hereunder shall be guilty of an offence.

(2) Every person employed in a workplace who contravenes or fails to comply with this Act or regulations made thereunder shall be guilty of an offence, and the occupier or owner, as the case may be, shall not be guilty of an offence by reason only of the contravention or failure to comply with the provisions of this Act or regulations made under the said provisions of Part X, or the contravention of the provision thereunder by an employee unless it is proved that the occupier or owner, as the case may be, failed to take all reasonable steps to prevent such contravention or failure to comply.  

Any person guilty of an offence under this Act for which no express penalty is provided shall be liable to a fine of K10,000 and if the offence in respect of which he was convicted continued after the conviction he shall in addition be liable to a fine of K500 for each day the offence continues.

3.2     Reputational risks

The reputation of a business has an important impact on the decision-making of a potential employee and/or client. In the case of Point Uni, this refers, amongst others,  to prospective staff and students. When an institution is thrust into the public eye for failing to comply with regulations, there are reputational repercussions, which eventually lead to distrust. A good reputation benefits Point Uni because it, amongst others:

  • distinguishes it from its competitors;
  • assists in attracting students and staff; 
  • helps keep the University product (which is its students) rated highly; and creates opportunities for growth.

One incident of non-compliance could have a major impact on the University’s reputation, which may take many years to rectify. 

4.        Policy statement

Point Uni is committed to ensuring the health, safety and welfare of all staff, students, mandatories (agents, contractors or subcontractors) and visitors to all its premises, primarily as provided for in the Occupational Safety, Health and Welfare Act 55 of 2015 (Fourth Edition) and its Regulations.[1] 

The statement in attached as Annexure A.

4.1     Duty

Managers and heads of departments (HODs) have a duty to provide and maintain, as far as reasonably practicable, a work environment that is safe and does not pose any health risk.

Point Uni strives to implement the following principles as far as reasonably practicable:

  • Healthy, safe environment: Provide and maintain a healthy, safe and risk-free environment at the University.
  • Facilities and resources: Provide facilities and adequate resources to support the University in complying with the OSHW Act and relevant Regulations.
  • Risk management: Manage, identify and control risks in respect of work procedures, practices, and conditions in the work environment.
  • Safety protocols: Develop safety protocols to maintain systems related to the use, handling, storage, transport and disposal of hazardous substances.
  • Safe work procedures: Ensure that all members of the University community enjoy safe work procedures and adhere to OSHW standards.
  • Promotion of OSHW: Encourage University staff to serve as positive role models for students and to promote OSHW standards in teaching, learning, research and technical support.
  • Monitor and review: Monitor the effectiveness of the University’s OSHW provisions in consultation with University management and designated OSHW representatives to ensure continued improvement in respect of eliminating work‐related injuries and illness.
  • Legal compliance: Ensure that the Policy on Occupational Safety Health and Welfare is kept up to date with changes in legislation and national standards.

4.2     Responsibilities

Point Uni community has to comply with all health and safety practices, including preventing accidents and ensuring occupational well-being. This is a collective and individual responsibility.

4.3     Commitment 

The Executive Management of the University is committed to:

  • Providing and maintaining, as far as reasonably practicable, a safe work environment that does not pose any health hazard and to recommend mitigation measures in case of an incident. 
  • Making legal appointments as stipulated in certain sections of the OSHW Act and the relevant Regulations. 
  • Ensuring that baseline hazard identification and risk assessments are done and implementing the necessary risk controls in the workplace.
  • Establishing a culture sensitive to OSHW among all persons on Point Uni premises.
  • Encouraging all persons on Point Uni premises to take ownership of their environment thereby supporting the University’s commitment and strategic objectives to create a risk-free environment.
  • Generating and implementing policies and procedures that support and enforce the OSHW Act and the relevant Regulations, as well as relevant legislation and national safety standards listed under point 6. 

Point Uni undertakes to provide a legal framework for the implementation of this policy. The framework contains the following specific objectives:

Supervision

  • To appoint members of management to oversee the implementation process.

Legal and statutory requirements

  • To assign to such appointed individuals roles and responsibilities required to ensure compliance with all stipulations of the OSHW Act and its Regulations.
  • To establish OSHW committees as stipulated in the OSHW Act.
  • To appoint safety representatives in all divisions to serve on and contribute to the said committees.

Unhealthy and unsafe actions and work procedures 

  • To identify all hazards and risks attached to all work and research activities.
  • To generate and implement relevant policies and procedures to mitigate hazards and maintain a risk-free environment. 

Safety 

  • To identify acceptable control measures in consultation with expert stakeholders and with reference to accredited quality standards and recommendations.
  • To provide the resources necessary to implement control mechanisms for risk management.
  • To ensure that risk control measures are implemented openly and transparently.
  • To constantly monitor, record and report all incidents and risk mitigation control measures.

Employee awareness

  • To provide appropriate training and safety awareness programmes in order to cultivate a culture of safety among all persons on Point Uni premises. 

4.4     Compliance

Implementation of the abovementioned aspects, will establish a near risk-free environment and ensure, as far reasonably practicable, compliance with the requirements of the OSHW Act and its Regulations. 

5.        Definitions

All definitions contained in the OSHW policy are as stipulated in Part I Section 1 and 2 of the Occupational Safety, Health and Welfare Act (No 55 of 2015 Forth Revised Version).

6.        Roles and responsibilities

The roles and responsibilities with regard to OSHW are as stipulated in Part III Sections 13 to 18 of the Occupational Safety, Health and Welfare Act (No 55 of 2015 Forth Revised Version).

The Vice Chancellor and Principal shall assign, in terms of subsection 13(2) of the Occupational Health and Safety Act, the duties as contemplated in subsection 13(1) of the said Act to the Executive Managers. All Executive Managers have the statutory responsibility and accountability for health and safety within their working environment. The VC will also appoint the following:

  • The Chairperson for the Central Health and Safety committee
  • The GMR 2.1 appointee

The Executive Managers must appoint:

  • The Deans and Directors as section 13 (4b) appointees
    • Chairpersons for each Health and Safety committee in the Faculties and

Departments

  • Health and Safety representatives in each Faculty/Department

o    First Aiders as required

  • Incident investigators

Each employee needs to take ownership for his/her own Health and Safety as well that of  his/ her colleagues, students and visitors.

A comprehensive Occupational Health and Safety procedure has been developed for the University and should be read in conjunction with the OSHW policy. It is available on the Point Uni portal under Policies as an associated document to the OSHW Policy.

7.        Associated documents

  • Occupational Safety, Health and Welfare Act (No 55 of 2015 Forth Revised Version).
  • The Employment Act 55 of 2022
  • The Labour Relations Act 54 of 1997
  • The Criminal Procedure and Evidence Code Act 36 of 1967and 14 of 2010
  • The Gender Equality Act 3 of 2023
  • The Disability Act 2012
  • Dangerous Drugs Act Chapter 35:02 1/2018 (Fifth Revised Edition)
  • Workers’ Compensation Act 55:03 2018 (Fifth Revised Edition)
  • Environment Management Act, 2016 (Act 19 of 2017)
  • National Construction Industry Act Chapter 53:05 2018 (Fifth Revised Edition)
  • Public Health Act Chapter 34:01 2018 (Fifth Revised Edition)
  • Constitution of the Republic of Malawi, 1994
  • ISO 18001:2007. International Occupational Health and Safety Management Systems.

8.        Policy life cycle

This policy will be reviewed at least every five years.

9.        Document metadata

Document number:Point Uni 2024 2
Document version:Point Uni 2024 2 first version 
Document approval authority:Executive
Document approval date:16 February 2024
Document owner:Director Facilities Management
Document author(s): 
Next review date:15 February 2029
Visibility: Display on staff intranet Display on student intranet Display on public web   

Annexure A

OCCUPATIONAL HEALTH AND SAFETY POLICY STATEMENT OF POTÀMI INTERNATIONAL UNIVERSITY

The University is committed to protecting its employees, students, visitors and property at all times by implementing an effective occupational health and safety programme in accordance with the requirements of the Occupational Safety Health and Welfare Act 55 of 2015 and its Regulations. 

Specific elements are important in the implementation of the policy. These are listed below.

1.         ASPECTS OF HEALTH AND SAFETY

The University, in its capacity as employer, shall design and implement practicable health and safety standards.

2.          INSTRUCTION IN HEALTH AND SAFETY 

Instruction in all aspects of health and safety shall form part of employees’ on-the-job training, students’ academic programmes, induction of visitors and managing of contractors.

3.          RESPONSIBILITY FOR HEALTH AND SAFETY

Every employee, student, visitor and contractor are responsible for implementing the Occupational Safey Health and Welfare Policy, so as to safeguard all employees, students, visitors, contractors and property of the University. 


4.          AWARENESS AMONG EMPLOYEES AND STUDENTS

Employees’ and students’ interest and involvement in their own health and safety, and the health and safety of others, shall be promoted by means of awareness programmes.

5.          UNHEALTHY AND UNSAFE ACTIONS AND WORK PROCEDURES

The University, its employees, students, visitors, and contractors are committed to eliminating actions and work procedures that are unhealthy and unsafe.

6.          STATUTORY REQUIREMENTS

The University shall implement all requirements of the Occupational Safety Health and Welfare Act 55 of 2015 and its Regulations. A healthy, safe work and academic environment can only be achieved if management, employees, students, visitors and contractors are committed to compliance with the statutory requirements.

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[1] Other relevant legislation and national standards are listed under point 6.