Work Health and Safety (WHS) Standards and Responsibilities: The Role of Lawmakers, Employers, and Employees

Work Health and Safety (WHS) Standards and Responsibilities: The Role of Lawmakers, Employers, and Employees

Workplace health and safety (WHS) is a fundamental right for employees, ensuring that every individual can work in an environment free from unnecessary hazards and risks. The implementation of WHS standards relies on a tripartite responsibility shared between lawmakers, employers, and employees. Each group plays a crucial role in developing, enforcing, and adhering to safety regulations to create a safe and productive workplace. In this essay, we will examine the responsibilities of lawmakers, employers, and employees in maintaining WHS standards, with a particular focus on the need for improvement in countries like Sri Lanka where gaps remain when compared to developed nations.

Responsibilities of Lawmakers in Establishing WHS Standards

Lawmakers are the primary architects of workplace health and safety standards. They create the legal frameworks, regulations, and guidelines that define the responsibilities of employers and employees in maintaining safe working conditions. The responsibilities of lawmakers include:

1. Creating Comprehensive WHS Legislation: Lawmakers are responsible for developing comprehensive WHS laws that cover all sectors of the economy. These laws should clearly define the minimum safety standards for workplaces, outline employer and employee duties, and set the penalties for non-compliance. In countries like Sri Lanka, the Factories Ordinance (1942) provides the primary framework for industrial safety, but it lacks the breadth to cover modern workplaces and emerging industries such as information technology, services, and the gig economy. Lawmakers must modernize these regulations to ensure that all workers are protected, regardless of their industry or work arrangement.
2. Regular Updates and Modernization: Workplaces are constantly evolving with new technologies, practices, and risks. Lawmakers have the responsibility to regularly update WHS laws to address these changes and ensure that safety standards remain relevant. Developed countries frequently update their WHS regulations to account for new challenges like mental health in the workplace, ergonomic concerns, and remote work. Sri Lanka’s WHS framework, on the other hand, is often criticized for being outdated, with laws that do not reflect the current workplace dynamics, particularly in emerging sectors.
3. Enforcement and Penalties: Once laws are established, lawmakers must ensure they are enforced effectively. This includes setting up regulatory bodies tasked with conducting workplace inspections, investigating accidents, and enforcing compliance. In countries like the United States, the Occupational Safety and Health Administration (OSHA) plays a critical role in ensuring workplace safety, backed by significant penalties for non-compliance. In Sri Lanka, enforcement is often weaker, and penalties for safety violations are insufficient to deter non-compliance, highlighting the need for stronger enforcement mechanisms.
4. Ensuring Worker Participation: Lawmakers also need to ensure that workers have a voice in workplace safety matters. This can be done by mandating the formation of health and safety committees in workplaces and ensuring that workers are involved in identifying hazards and improving safety practices. Worker participation is a cornerstone of workplace safety in many developed nations, where employees are encouraged to report hazards and participate in safety training. This aspect is often underdeveloped in countries like Sri Lanka, where workers may feel disempowered or unaware of their rights.

Responsibilities of Employers in Maintaining WHS Standards

Employers are primarily responsible for implementing and maintaining safe working conditions in compliance with WHS regulations. They play a crucial role in preventing workplace accidents, injuries, and illnesses by adhering to safety guidelines and fostering a culture of safety. Employers’ responsibilities include:

1. Providing a Safe Work Environment: Employers are legally required to provide a workplace free from hazards that could harm the physical or mental health of employees. This includes ensuring proper ventilation, lighting, sanitation, and the safe operation of machinery. In sectors like manufacturing or construction, employers must take extra precautions by installing safety guards on machines, providing protective equipment (PPE), and conducting regular safety inspections. For office-based roles, employers must ensure that ergonomic factors are considered to prevent issues like repetitive strain injuries and mental health risks from stress or overwork.
2. Conducting Risk Assessments: Employers must conduct regular risk assessments to identify potential hazards in the workplace and develop strategies to mitigate them. This involves evaluating both physical risks (e.g., machinery hazards, exposure to chemicals) and non-physical risks (e.g., stress, workplace harassment). In many developed countries, risk assessments are a legal requirement, with detailed guidelines on how they should be conducted. In Sri Lanka, while risk assessments are often required in industrial settings, they are not universally mandated across all sectors, leaving many workplaces without proper hazard identification protocols.
3. Providing Training and Resources: Employers have a responsibility to provide adequate safety training for all employees. This training should cover the safe use of equipment, emergency procedures, and protocols for reporting accidents or hazards. Safety training must be an ongoing process, particularly in industries where the work environment is dynamic or where new technologies are frequently introduced. In developed countries, mandatory safety training is a common practice, while in Sri Lanka, many businesses, particularly SMEs, fail to provide adequate training to their employees, leading to higher accident rates.
4. Ensuring Compliance with WHS Laws: Employers are required to comply with all relevant WHS laws and regulations. This includes keeping up to date with new legislation and ensuring that the workplace meets all legal safety requirements. Failure to comply with WHS laws can lead to penalties, lawsuits, and reputational damage. In countries with strong enforcement mechanisms, such as Australia and the UK, non-compliance can result in hefty fines or criminal charges. In Sri Lanka, however, the consequences for non-compliance are often minimal, reducing the incentive for employers to prioritize safety.
5. Promoting a Safety Culture: Employers play a crucial role in fostering a safety-first culture in the workplace. This includes encouraging open communication about safety concerns, promoting mental health awareness, and ensuring that safety policies are followed consistently by all employees, from top management to entry-level workers. Creating a strong safety culture can reduce accidents and improve employee morale, leading to higher productivity. In countries like Germany and Canada, promoting a positive safety culture is integral to business success, whereas in Sri Lanka, this culture is still developing, particularly in informal and smaller business environments.

Responsibilities of Employees in Ensuring WHS Standards

Employees also have a role to play in maintaining workplace safety. While the responsibility for providing a safe work environment rests with the employer, employees are expected to follow safety protocols and contribute to the overall safety of the workplace. Employees’ responsibilities include:

1. Following Safety Protocols: Employees must adhere to all safety procedures and protocols set by their employer, including the use of personal protective equipment (PPE), proper handling of machinery, and adherence to safety signs and instructions. In many industries, failure to follow safety protocols can lead to accidents or injuries not only to the employee but also to their co-workers. Therefore, employees must take these guidelines seriously and ensure they are followed at all times.
2. Reporting Hazards: Employees are responsible for reporting any hazards or unsafe conditions they observe in the workplace. This can include anything from a broken machine guard to a spill that could cause a slip hazard. In countries with strong safety cultures, employees are encouraged to take proactive roles in reporting hazards without fear of retribution. In Sri Lanka, however, many employees may hesitate to report safety concerns due to fear of retaliation from management or a lack of understanding about the reporting process.
3. Participating in Safety Training: Employees are required to participate in safety training programs provided by their employers. This ensures that they are aware of potential risks in their workplace and know how to protect themselves and others. In many developed countries, employees are legally obligated to attend safety training sessions and refresh their knowledge regularly. In contrast, in Sri Lanka, access to safety training can be limited, and participation may not be as rigorously enforced.
4. Using Equipment and Resources Responsibly: Employees must use the equipment, tools, and resources provided by their employer in a safe and responsible manner. This includes following operating instructions, maintaining equipment as needed, and avoiding any misuse that could lead to accidents. Employees should also look out for their co-workers, ensuring that everyone is using equipment safely and adhering to workplace rules. In environments where safety culture is strong, employees work collaboratively to maintain a safe workspace.

Gaps and Need for Collaboration

Despite these responsibilities, there are still gaps in how WHS standards are managed in countries like Sri Lanka. Developed nations have demonstrated the importance of collaboration between lawmakers, employers, and employees in ensuring high safety standards. This collaboration is essential for addressing WHS shortcomings such as:

• Inadequate Laws: Lawmakers need to update and expand WHS laws to cover all industries and modern work practices, including remote work, mental health, and ergonomic risks.
• Weak Enforcement: Enforcement mechanisms in Sri Lanka need to be strengthened, with regulatory bodies given more resources to carry out inspections, enforce compliance, and apply penalties for violations.
• Lack of Training: Employers must invest more in regular safety training for employees and adopt a proactive approach to identifying and mitigating risks. Employees should be empowered to participate in safety programs and report hazards without fear of retaliation.
• Cultural Shift: A cultural shift is needed to prioritize workplace safety as a key component of organizational success. This requires buy-in from both employers and employees, with strong leadership driving the safety-first approach.

Workplace health and safety is a shared responsibility among lawmakers, employers, and employees. Lawmakers must provide comprehensive and up-to-date regulations, employers are responsible for creating and maintaining a safe work environment, and employees must follow safety protocols and report hazards. In countries like Sri Lanka, while WHS laws exist, there are significant gaps in enforcement, coverage, and awareness that need to be addressed. By fostering collaboration between all stakeholders, Sri Lanka can improve its WHS standards, protect its workforce, and create a safer, more productive working environment for all. – Ravin Gunawardana.