Risk Reduction Regime embarked on a risk analysis of various self-employed persons and made recommendations that were not emphasized in The OSH Act of T& T as amended (2006.) According to the act, “self-employed person” means an individual who works for gain or reward otherwise than under a contract of employment, whether or not he himself employs others. The law states:
“7(1) It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment, who may be affected thereby are not thereby exposed to risks to their safety or health.
(2) It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons, not being his employees, who may be affected by his actions are not thereby exposed to risks to their safety or health.
(3) In such cases as may be prescribed, it shall be the duty of every employer and every self- employed person, in the prescribed circumstances and in the prescribed manner, to give to persons, not being his employees, who may be affected by the way in which he conducts his undertaking, the prescribed information about such aspects of the way in which he conducts his undertaking as might affect their safety or health.” (OCCUPATIONAL SAFETY AND HEALTH ACT CHAPTER 88:08 Act 1 of 2004 Amended by 3 of 2006 2006)
Provisions under this section only give a generalized guideline to the self-employed persons to conduct his undertaking in such a way that would not bring harm to himself or anyone else in within his space of operations or affairs. However, it should be noted that, for self-employed persons, they themselves are the employees and thus provisions under the Act regarding duties and requirements for employees concerning safety, health, and welfare should apply to them.
Another point to note is that workplaces and employers with less than five (5) employees are not required by law to have a physical safety policy available, and thus this means that the safety of the self-employed person lies on himself. This is then reflected when persons are going to apply for registration of their business, with the only requirements being forms of identification and a valid business name, and nothing of proof of assurance of safety in their conduct. An area of concern that should have more attention paid to it is that most self-employed persons and small businesses have young persons or untrained workers in their employment and most times no real care or due diligence is taken by their employers for their health, safety, or well being. This then leads to the speculation and assumption that self-employed persons are liable for their own safety, health, and welfare, which then should be reflected in their own conduct and culture.
What is a Risk Assessment?
An examination of what in the work place could “cause harm to persons, to enable to decide whether to take sufficient precautions to prevent harm. The aim of an assessment is to make sure that no one gets hurt or becomes ill.”(A Guide to Risk Assessment 2008)
There are five steps used to assess risks in the workplace:
- “Look for the hazards.
- Decide who might be harmed and how
- Evaluate the risks and decide whether the existing precautions are adequate or whether more should be done.
- Record your findings.
- Review your assessment and revise it if necessary” (A Guide to Risk Assessment 2008)
For the risk assessment the group looked at four self-employed persons and the analysis are as followed:
Wood Work Shop Analysis
Background of business and individual
Mr. Gow is a retired worker of the power industry of Trinidad and Tobago who has established a wood working business behind his house. The business is solely operated and not registered. Mr. Gow is highly trained in various safety procedures and use of personal protective equipment and has extensive knowledge on operating dangerous machinery.
The above images shows various PPE used. Special gloves, face, eye and hearing protection as well as a head lamp is utilized. The image also shows a full body coverall to protect against flying wood chips, as well as thick rubber boots to protect the feet from any falling debris. The use of a powerful search light allows work to be done in well-lit areas. An important item that is also noted is a push stick. This is used to operate various saws and acts as an extended arm.
Mr. Gow has admitted in an interview that he practices very safe and careful working procedures and does not allow anyone to enter the workshop during work hours. He also states that he works in full PPE at all times.
The images above show some of the materials and equipment that is interacted with on a daily basis. The woodworking machinery regulations states there must be a sufficient clear and unobstructed space at every woodworking machine
The below images shows the general workshop
The floor surrounding every woodworking machine shall be maintained in good and level condition, and as far as practicable, according to the woodwork machinery regulations. It was evident that Mr. Gow practice safe working conditions, from the risk assessment his work space contains many hazards.
The ground contains many planks that may cause Mr. Gow to lose his footing. There are tools and electrical cords scattered around carelessly which may cause tripping. A vital breach of the OSH Act is the presence of saw dust on the ground which can cause individuals to slid
Mr. Gow is the only candidate to be harmed since he lives with his wife, who doesn’t come into the workshop. Mr. Gow delivers all his products which means no customers enter the workshop.
The main risk that exists is the risk of slipping or tripping due to the states of the walking area. Even though Mr. Gow wears shoes with grips he may still trip over a loose cord, tool or sawdust. He can damage himself slightly by falling onto the ground or suffer a major causality if he falls onto a machine that is currently in operation.
The main recommendation that can be put forward is to properly organize the walk way either by casting it with concrete so it can be flat or to level it with dirt and place metal gratings for added grip.
Doctor’s Office Analysis
A risk assessment was carried out at a doctor’s office. The office services the small community of El Socorro and environs. Office days and time are Tuesdays and Thursdays from 8am to 12pm. The office space consists of three room a waiting area the doctor’s office and a toilet facility occupying a combined space of 24’ x 28’. There is a total of two staff work in this office, a doctor and a receptionist.
A large percentage of the patients present themselves with communicable diseases that can be spread by air droplets from coughing and sneezing. These patients pose a risk to other patients as well as staff.
The center decor in the waiting room is a very low lying chandelier, 5 feet 7 inches of the ground which can cause injury if someone is taller than this. In the case of a fire, both doors, the entrance and emergency exit, are located on the same wall. One door is glass and the other is wooden which can easily be caught a fire. There exist three burglar proof windows which have no emergency openings. Documents such as company receipts for the year, for tax purposes, are kept in a brown envelope and an organizer.
Health and Safety Practice on a day to day basis:
Staff are kept up-to-date with vaccines to prevent acquiring infections such as chicken pox and influenza. Personal protective equipment such as gloves, mask and gowns must be used to protect doctor and staff when performing minor surgeries. All waiting room chairs are ergonomically design to prevent back pains. There is a ramp for patients on wheelchairs to ensure easy accessibility. Patients with mental disabilities can pose a hazard towards other patients and staff therefore they may be seen as soon as possible. Drug addicts can be a threat to staff as well as patients because of their addiction to narcotics and various other drugs. Therefore, dangerous drugs and antibiotics are kept locked away in a secure hidden safe in compliance with the dangerous drug act. Needles and other medical waste are placed in specialized containers for weekly pick up to send to the appropriate the facility to ensure proper disposal.
All important documents including receipts and company files should be kept in a fire proof safe. To avoid physical injury, a decor table should be placed under the chandelier so people can walk around it to avoid injuring their heads. Patients who have symptoms of the flu should be quickly identified and provided with a NI 95 face mask. The wooden door should be replaced with a fireproof door as well as moved to another wall. One burglar proof window should have an emergency opening and locks and keys that can be easy located when needed.
A Carpenter’s Analysis
Randy Jorai is a self-employed mason and roof builder in the community of South Oropouche. His jobs include building and renovations on homes and also doing roofs for pretty much and structure that demands one. The mason part of his job is done by himself whereas the roofing part is done with a small crew of about five persons. His businesses are not registered so the OSH act does not apply to him and his workers.
The most serious and life threatening hazards on his jobs are mechanical and falling hazards. On the mason side of his job objects such as saws can pose tears and cuts to the body if not handled correctly, if the equipment is faulty or if minimum or no safety equipment is used. When doing roofing the galvanize sheets being used are very sharp and can tear the skin quite easily. The risk of this happening is further increased when the sheets need to be transported to heights for installation. Ladders are used most of the times so the risk of not only falling arises but falling and cuts to the body are the risks they take doing this. Falling objects from heights is another falling hazard when working on top of houses, workers who are working below them are at risk of falling objects such as tools and materials.
Slip and fall along with stump and fall hazards were present according to Randy. “Sometimes when a little rain fall we still have to do the work on the roof” is what he told me and this presents a slip and fall hazard as most of the roofs they do are slanted so walking on it is more difficult. He also told me that an incident occurred where the oil they used to service some of their tools had leaked on to the roof when the galvanize sheets was put down and caused one of the worker to slip and fall. Fortunately, he was able to hold on to a beam and avoided falling off the house and escaped with just a few cuts.
More on the mason side of his job lifting hazards arise where there are heavy materials to be used on the jobsite. He does his masonry work by himself so there is no help for him to move materials and tools. Back injuries can occur as a result of lifting heavy objects with improper lifting techniques such as cement bags, steel beams and concrete blocks. These are materials Randy frequently uses because most of his work deals with mixing concrete and plastering walls. The dust from the cement bags and as a result of plastering walls can cause respiratory diseases if inhaled constantly and for long periods of time.
Randy gets his work by referrals from people who he did work for before and persons who know him. As his businesses are small and not registered it is not governed by the OSH act he does not have to abide by the laws of the act. Nobody is liable for when any injury occurs on the jobsite and in an interview with Randy he told me that his work sites are mostly houses and the people who he works for often do not have any tools, just materials for the job. So therefore he and his crew are responsible for any injuries sustained due to misused or defective equipment. Also any safety equipment that may be needed for the job will have to be provided by them and according to him they barely use such equipment. He told me that they frequently take risks because they have no training in health and safety and also because doing things the way they do often lead to the job finishing quicker which is desirable because he is paid for the whole job and not by the day. This means that no matter how long he takes on a job his salary and that of his crew when working with him will be the same so time is a factor for him maximising profits. Refusal to work as seen in the OSH act is another benefit Randy and his crew does not have. If he or one of his workers is concerned about an unsafe working condition, they do not have the option to call OSHA and request and inspector and refuse to work with pay. Similarly, if any injury is sustained while working Randy or any of his co-workers will not get sick leave with pay. Randy actually sustained an injury where he was cut on this thumb by a grinder and was unable to work for two weeks and this resulted in him not being paid for two weeks.
Seeing as these two businesses do not fall under the OSH act Randy and his crew are responsible for their own safety. They can better do this by making sure all their tools and machinery are maintained and used properly with the necessary protective gear. Dust masks to be worn when working with cement or dusty areas can reduce the risk of contracting respiratory diseases.
Correct use of ladders when climbing (3 points on ladder at all times). Wearing slip resistant footwear on jobsites especially when climbing and walking on galvanize (to avoid slip and fall). Hard hats to be worn when working in areas where objects may fall. Keeping areas where workers are passing clear of objects that could lead to trip and fall. Avoiding working on roofs when galvanize is wet
Barber’s Shop Analysis
A self-employed barber residing in the Rio Claro area was visited and interviewed regarding the conduct of his daily business and his attitude towards his safety and the safety of others.
Throughout the interview it was noted that the person was twenty-seven (27) years old, possesses six (6) O’level subjects from Presentation College, San Fernando, and had been conducting his business on a small scale from an age of sixteen (16) with an average of six (6) hours of operation, until five (5) years ago when he decided to make it a full-time job. Health and safety did not become a priority until this became his full-time job, where it still was not first on his list.
First, a needs assessment was conducted to ascertain what was required to be able to conduct his business on a full-time scale with good capability and comfort as far as was affordable, practicable, and necessary; this refers to tools and other equipment necessary for operation. Secondly, care was given regarding his welfare and the welfare of others within his vicinity and area of operation; a clean environment, comfortable seating for his use as well as his customers, ventilation, and lighting. He then conducted a general risk assessment to the best of his knowledge and understanding which was mainly learned through experience, and came up with suitable, practicable, and more notably affordable solutions that were within his capability.
This was the mentality and culture of this self-employed person regarding his safety and wellbeing, as well as the wellbeing of others, at the start of his business and operations even before thinking about registering his business. It was stated by him that his knowledge of his health, safety, and welfare was acquired through experience, suggestions, and recommendations, in lieu with his own morals, values, and respect for himself as well as others.
A dust bin solely for the disposing of hair can be seen (Welfare of others in his workplace.).
(He actually cleans his station and floor from floor after every person’s hair he cuts.)
Proper, suitable, appropriate signage.
Appropriate, suitable lighting necessary for operation.
Clean, organized workstation. PPE (latex gloves) suitable for operation can be seen as well.
This then lead to the conclusion that without a board of directors and department of safety, legal guidelines and requirements, or even written safety policies, it is the duty of a person to his own safety, health, and welfare, which is a reflection of his knowledge, education, experience, morals, values, and culture, as well as others around him, coupled with the willingness to improve and learn.
Continuous monitoring of safety hazards that may cause harm to the barber and clients. Ensure electrical wires are properly secured to avoid trip and fire hazards. Ensure proper sanitation of equipment and disposal of hair and other waste. A dusk mask should be worn to prevent the inhalation of fine hair particles. There should be ten minutes interval of seating for every ten hour standing
Recommendations by Risk Assessment for the Health and Safety Board for Self Employed Persons
Based on the risk assessments conducted on these various self-employed persons, the group made some recommendations for consideration by the Health and Safety Board.
- Have awareness raising programs.
- Engage in outreach programs (exhibitions, lectures, workshops, promotion materials, advertisements etc.)
- Consultation programs for all self-employed persons.
- Safety Officers be assigned by districts to conduct routine checks on self – employed businesses to ensure they are adhering to certain safety precautions.
- The safety act should be amended with more laws and emphasis towards self-employed persons.
- A sub unit should be established for the monitoring of the Small and Micro enterprises and the functions can be clearly outlined in a clause in the act.
- A Guide to Risk Assessment. Version 2. Prod. The Occupational Safety and Health Authority and Agency of Trinidad and Tobago. August 2 . Accessed October 22, 2016.
- “OCCUPATIONAL SAFETY AND HEALTH ACT CHAPTER 88:08 Act 1 of 2004 Amended by 3 of 2006.” 88:08.pdf. Accessed October 22, 2016. http://rgd.legalaffairs.gov.tt/laws2/alphabetical_list/lawspdfs/88.08.pdf