Occupational Safety and Health Management: UK versus China

Answer

Occupational Safety and Health Management: UK versus China

Occupational health and safety (OHS) standard is one of the key indicators of the health standards in any given country. It is highly influenced by the structure of a country’s legal framework and the legal system in totality. The legal system often lays out the prerequisite blueprint with respect to the actions and controls that are required by regulators and organizations. By highlighting the variance in this regard between the UK and China, this paper espouses the fact that the UK has higher standards of OHS because of the influence of the laid legal framework thereto. China’s OHS has significantly improved over the years, but there is still a big gap left when compared with the UK Standards.

Applicable Law

The legal framework for OHS in China is based on the Constitution, and it consists of various statutes and regulations that have been passed in that regard. The law with regard to OHS in China is quite scattered. There are numerous pieces of legislation that address various aspects of OHS. The major laws and regulations in this regard are on; prevention and control of occupational diseases, work safety, emergency response law, coal mine safety inspection, safe administration of hazardous chemicals, and fireworks and firecracker safety management, among others (ILO, 2014).

Unlike China, the UK has an umbrella on occupational health and safety. It is known as the Health and Safety at Work Act 1974 (the HSWA). Many other pieces of legislation and subsidiary regulations exist, but they all work in synchrony with the HSWA.

Labor Protection of Female Staff and Workers

Chinese laws and regulations on labor protection of female staff and workers are particularly focused on the protection of pregnant women, nursing or on maternity leave (Zimmerman, 2005). Their health status as outlined has a bearing on the amount of work they handle and the time they spend working. The provincial and local governments in China have adopted various rules and regulations with respect to the treatment of pregnant women (Zimmerman, 2005). There are slight variances with respect to the rules and regulations depending on the jurisdiction one is in, especially with respect to issues like nursing leave, mandatory breaks, compensation and the like (Zimmerman, 2005). Generally, the rules and regulations in the different jurisdictions provide that “female employees are entitled to at least 90 calendar days of maternity leave with additional days paid leave under certain circumstances including complicated deliveries and multiple births” (Zimmerman, 2005, p. 419). Article 61 of the Labor Law further provides that an employer is prohibited from assigning a pregnant employee work classified in the category of Level III Labour intensity (Labor Law of the People’s Republic of China, 1994). Employers are also required to ensure that pregnant and nursing women do not work in “conditions involving heightened risk or exposure to certain chemicals” (Zimmerman, 2005, p. 421).

Similar protections are provided within the UK laws. It is, however, important to note that in the UK, further protection is provided for pregnant and nursing women. They are entitled to maternity leave of 52 weeks; made of 26 weeks of ‘Ordinary Maternity Leave’ (OML) and 26 weeks of ‘Additional Maternity Leave’ (AML) (Andersen & Wallace, 2006). The OML is paid leave whereas the AML relies on whether or not the employee has resumed work. If she has resumed work, the remuneration will be for 39 weeks’ worth of work (Andersen & Wallace, 2006).

Hazards identification and Management and Protection of those affected by Work Activities

The UK laws provide that a person or organization that creates risk bears the responsibility of ensuring the management and control of the risk so that it is reduced ‘so far as is reasonably practicable’ (Russ, 2010). Regulation in this regard is provided by the Health and Safety Executive (HSE) The HSE has put out a proviso that any entity that creates a risk must fully demonstrate that it has taken all actions necessary to see to it that the risk has significantly been reduced. Documentary evidence must be available to that effect. The HSE does not give organizations a blueprint on how they are to manage their risks but inspection is done in a bid to ascertain the degree of risk identification and assessment (Russ, 2010). As stipulated under the Health and Safety at Work Act of 1974, apart from the employers; designers, manufacturers, and suppliers are also required to ensure that articles are safe for use so far as is reasonably practicable (Russ, 2010). The Act further stipulates that employees should take care of themselves and any other persons that may be affected by their actions (Russ, 2010).

In China, similarly, persons-in-charge of a production or business operation carry the responsibility of ensuring the safety of workers and persons likely to be affected by work activities. Risk assessment and management should also be documented. Unlike in the UK, there is no stipulated regulation mechanism in China. However, employees are entitled to be aware of the risks that exist in a site or workplace and the corresponding management measures that have been instituted by the employer (Chen, Cao, and Chow, 2012).

Law on the Mental Health of Workers/ Staff

It is important to note that matters like sexual harassment can cause significant emotional and psychological damage (Gohmann & Thacker, 1996). In China, the law on sexual harassment in the workplace is mainly focused on the protection of women. The ‘Women’s Protection Law’ as passed by the standing committee of the National People’s Congress provides that women should report any claims of sexual harassment to their employers (Standing Committee of the National People’s Congress, 2005). However, the law fails to “define what types of behavior constitute sexual harassment” (Zimmerman, 2005, p. 422). In the UK, however, there is a near-comprehensive body of law on sexual harassment and other forms of bullying in the workplace. The law protects both men and women. Pieces of legislation in this regard include Sex Discrimination Act 1975, Employment Rights Act 1996, Protection from Harassment Act 1997, and Public Interest Disclosure Act 1998, among others (Stephens & Hallas, 2006). Under the law of contract, the employer bears the fiduciary responsibility of ensuring that all harassment and bullying complaints have been addressed and the workplace is conducive, and in the event that they fail to do so and the employee develops mental illness thereto, the employer will be liable for the negligence (Stephens & Hallas, 2006). 

Conclusion

Occupational health and safety (OHS) standard is one of the key indicators of the health standards in any given country. A country’s legal framework plays a significant role in determining the OHS standards. When the UK and China are compared, it is apparent that the former has higher standards of OHS because of the influence of the laid legal framework thereto.