The Business Management and Direction System continues its consolidation in the companies that have been approved for its implementation. One of the requirements established for companies within the so-called Business Improvement is Safety and Health at Work, as a process of the Human Capital Management System, which must comply with the regulations of the Ministry of Labor and Social Security, as well as the regulations mandatory regulations approved by the National Standardization Office of the Republic of Cuba on this issue. This paper presents the design of a Occupational Safety and Health System for a service organization, based on the requirements of NC 18001: 2005 Occupational Safety and Health. Occupational Health and Safety Management System.Requirements and taking into consideration the legislation approved in the country.
Keywords: Human Resources, Safety and Health at Work
Introduction
The management of safety and health at work received a new impulse in the country in 1959, where the revision and promulgation of new laws that protect the safety and health of the worker began. In the Constitution of the Republic of Cuba promulgated in 1976, Article 48, establishes the right to protection and hygiene at work and in the XIII Congress of the CTC it is agreed to propose to the Revolutionary Government the promulgation of a Law of Protection and Work Hygiene. As a result of this process, Law No. 13 of 1977 on Labor Protection and Hygiene is promulgated, which in Article No. 1 sets out as an object “Establish the fundamental principles that govern the system of protection and hygiene at work”. Decree No.101 of 1982 General Regulations of the Labor Protection and Hygiene Law complements the regulations established by the aforementioned law.
In accordance with the economic and technological development of Cuban society, different legal documents have been promulgated involving various ministries, as well as the updating of Cuban standards related to the management of safety and health at work.
Work development
The Constitution of the Republic of Cuba of 1976 establishes in Article 49: “The State guarantees the right to protection, safety and health at work, by adopting adequate measures for the prevention of accidents and occupational diseases. Anyone who suffers an accident or contracts an occupational disease has the right to medical attention and a subsidy or retirement in cases of temporary or permanent disability at work ”.
For the implementation of what is promulgated in this document, Law No. 13 of 1977 was approved. On the Protection and Hygiene of Work of the Republic of Cuba and Decree No. 101 of 1982. General Regulations of the Protection and Hygiene Law of Labor that constitute the first level working documents for the management of safety and health at work in the country.
On these legal bases, the different ministries and agencies of the state administration have promulgated different legal documents regulating the activity, obligatory for all Cuban organizations, which can be consulted on the Website: http: //www.gacetaoficial. cu / and current Cuban standards in the NConline Catalog (www.nconline.cubaindustria.cu/).
Decree No. 281 of 2007 of the Executive Committee of the Council of Ministers of the Republic of Cuba establishes the Regulations for the Implementation and Consolidation of the State Business Management and Direction System, and among the systems to be implemented is the Human Capital Management System, which in Aspect VI. Occupational Safety and Health define the concepts, establish the responsibilities and requirements for the management of occupational safety and health in Cuban companies that are working under this business management system.
As part of the design of the Occupational Health and Safety System, the regulatory documents that are frequently consulted in the application of legal requirements have been identified, which are presented in Table No. 1. List of the laws, decrees and resolutions of general nature in force, frequently consulted, in the management of occupational health and safety in Cuba. These documents are subject to control in the companies that are within the State Business Management and Direction System.
For the design of the Occupational Health and Safety Management System in a Service Company, the requirements established in NC-18001: 2005 are based on the Occupational Safety and Health. Occupational Health and Safety Management System. Requirements and include those established by the resolutions issued by the Ministry of Labor and Social Security (MTSS), which is the governing body for activity in the country.
In Table No. 2 Occupational Health and Safety Management System. Requirements of NC-18001: 2005, Resolution No. 39/2007 and Instructions No. 2/2008 and No. 3/2008 of the MTSS presents the proposal for this design, which meets the legal and regulatory requirements and the provided in the NC 3001: 2007 standards. Integrated Human Capital Management System. Requirements.
In this design, integration with other business systems has been conceived, so the adequacy of each document that is considered common to other systems has been taken into account, for example:
- Integrated Policy and Integrated Objectives in the Business Strategy General Procedure for the Management of Training and Development of Human Capital Information Procedure Manual for Communication Management Procedure for Preparation of Documentation and Control of Documents and Records Procedure To Determine the Costs of the Integrated System (Quality, Safety and Health at Work and the Environment). Procedure for the Treatment of Non-Conformities and Implementation of Corrective and Preventive Actions. Procedure for the Preparation of Documentation and Control of Documents and Records. Procedure for Internal Audits of the Integrated Management System. Review Procedure of the Integrated Management System by the Directorate. Manual of Integrated Management System (Quality, Environment).
Currently this design is in the implementation process, which has been laborious, has required the preparation of the work team and the interaction of all the parties involved in the project, the leadership of the Company's Management being essential to achieve the goals and certify the Integrated Management System, in this case in the first stage with the Quality Management System already certified by NC-ISO 9001: 2008. Quality Management Systems. Requirements.
Bibliography
Cuban Standard NC 18001: 2005. Safety and Health at Work. Occupational Health and Safety Management System. Requirements.
Cuban Standard NC 3001: 2007. Integrated Human Capital Management System. Requirements.
Cuban Standard NC-702: 2009. Safety and Health at Work. Training of Workers. General requirements.
Republic of Cuba. 2007. Decree Law No. 246 of 2007. Of the Infractions of the Labor Legislation, of Protection and Hygiene of the Work, and of Social Security.
Republic of Cuba. 2008. Instruction No.2 of 2008. MTSS. Procedure for the Implementation of the Occupational Health and Safety Management System.
Republic of Cuba. 1982. Decree No. 101 of 1982. General Regulations of the Labor Protection and Hygiene Law.
Republic of Cuba. 1983. Decree No. 116 of 1983. Regulations for the Labor Protection and Hygiene Union Inspection.
Republic of Cuba. 1985. Law No. 49 of 1985. Work code.
Republic of Cuba. 1987. Law No. 62 of 1987. Penal Code.
Republic of Cuba. 2007. Resolution No. 39 of 2007. MTSS. General Bases of Safety and Health at Work.
Table No. 1. List of laws, decrees and resolutions of a general nature and current regulations, frequently consulted, in the management of safety and health at work in the Republic of Cuba
| Not. | Document name | Brief description of the content of the document |
| one. | Law No. 13 of 1977. On the Protection and Hygiene of Work of the Republic of Cuba. | It establishes the fundamental principles that govern the Labor Protection and Hygiene System; the obligations, powers and functions of the governing bodies in this matter and of the administrations; the duties and rights of workers and the functions of the union organization. |
| two. | Law No. 49 of 1985. Work code. | It refers, among others, to the following aspects:
Chapter III. Time of work and rest. Chapter VII. Protection and hygiene at work. It establishes the duties and obligations of administrations and workers with regard to protection and hygiene at work. Chapter VIII. Women's work. Chapter IX. Teen work. Chapter XIV. Labor inspection. |
| 3. | Law No. 62 of 1987. Penal Code. | Title X. Crimes against labor rights. Chapter I. Breach of protection and hygiene regulations at work.
It establishes the sanctions to be applied according to the offense committed due to non-compliance with the rules of protection and hygiene at work. |
| 5. | Law No. 81. On the Environment. | Its purpose is to establish the principles that govern environmental policy and the basic rules to regulate the State's environmental management and the actions of citizens and society in general, in order to protect the environment and contribute to achieving the objectives of sustainable development. from the country. |
| 6. | Decree Law No. 170 of 1997. On the System of Civil Defense Measures. | Regulates activities related to compliance with civil defense measures for the protection of the population and the economy in cases of natural disasters or other types of catastrophes or when they are imminent, and the financing of defense plans and measures civil. |
| 7. | Decree No. 101 of 1982. General Regulations of the Labor Protection and Hygiene Law. | It is the complementation of the regulations established by Law No. 13 of 1977 to achieve the development and harmonious interaction of the elements that make up the referred law. |
| 8. | Decree No. 116 of 1983. Regulations for the Labor Protection and Hygiene Union Inspection. | It establishes the methods to be followed so that the union organization and its management bodies control and demand compliance with the regulations of the protection and hygiene of the work and promote the improvement of working conditions. |
| 9. | Decree Law No. 186 of 1998. About the Security and Physical Protection System. | It defines the Security and Protection System as the set of organizational and control measures, the personnel and the means destined to guarantee the integrity and custody of the goods.
It covers physical protection, security and protection of official information, computer security, protection of dangerous substances and protection against fires. |
| 10. | Decree Law No. 229 of 2002. On the Collective Bargaining Agreement. | It establishes the requirements of the Collective Bargaining Agreement: Document of agreement concluded and signed by the representatives of the administration and the union organization to establish the working conditions, the rights and obligations of the parties, the fulfillment of the plans and the initiative of the workers, which contains, among its parts, the prevention of occupational hazards, training, forms of control and the solution of discrepancies on this issue. |
| eleven. | Decree Law No. 246 of 2007. Of the Infractions of the Labor Legislation, of Protection and Hygiene of the Work, and of Social Security. | It refers, among others, to the following aspects:
Chapter II. Administrative measures and offenses. Section I. Administrative measures. Section III. Offenses for violation of the rules governing the organization of work, wages and work and rest time. Section V. Offenses for violation of the rules that govern the social security system. Section VI. Offenses for violation of the rules governing protection and safety and health at work. |
| 12. | Resolution No. 12 of 1998. MTSS. Regulation for the Application of the Labor and Salary Policy in Business Improvement. | Chapter XV. Safety, health and environment at work. Establishes the principles of the management model and continuous improvement in the work centers. |
| 13. | Resolution No.32 of 2001. MTSS. Regulation for the Organization of the Registration and Approval of Personal Protective Equipment. | It establishes the procedure to be followed by producers, importers and marketers of personal protective equipment as well as by user entities at the national level to guarantee the protective quality of this equipment. |
| 14. | Resolution No. 31 of 2002. MTSS. General Practical Procedures for the Identification, Evaluation and Control of Risk Factors at Work. | It establishes the obligation to identify, evaluate and control the risk factors present in the areas and jobs that affect or may affect the safety and health of workers.
It establishes the practical procedures related to risk management. |
| fifteen. | Resolution No. 19 of 2003. MTSS. Methodology for the Registration, Investigation and Information of Work Accidents. | It establishes the obligatory nature of the registration, investigation and information of work accidents in all work activities in the country. |
| 16. | Resolution No. 29 of 2006. MTSS. Regulation for the Planning, Organization, Execution and Control of the Work of the Training and Development of Human Resources. | Regulates the forms and methods of training workers, in conjunction with Resolution No. 21 of 1999. MTSS. |
| 17. | Resolution No. 39 of 2007. MTSS. General Bases of Safety and Health at Work. | It establishes the general bases of safety and health at work to guarantee the safety and health of workers, achieve their physical, mental and social well-being and eliminate, control or minimize risks. |
| 18. | Resolution No. 50 of 2008. MTSS. Methodology for the Calculation of the Needs of the Personal and Collective Protection Equipment, the Required Budgets and the Control of their Execution. | The methodology for calculating the needs, planning, control and use in the entities is established.
The methodology is established for the information of the required budgets, their execution and information of other data of general interest. |
| 19. | Resolution No.51 of 2008. MTSS. Organizational Regulations for the Protection and Hygiene of Work, hereinafter Work Safety Manual, of labor entities, the different levels of business organization and other forms of economic organization. | It establishes the methodology for the preparation of the Work Safety Manual for labor entities, the different levels of business organization and other forms of economic organization. |
| twenty. | Resolution No. 2 of 2001 Regulation on the Security and Physical Protection System of the Ministry of the Interior of Cuba. | Chapter X. On Fire Protection
Establishes the requirements for the protection of entities with regard to fire prevention and protection. Annex 1 is presented in the Resolution. Format and Content of the Security and Protection Plan included in Point IX. Mandatory Fire Protection. |
| twenty-one. | Instruction No. 2 of 2008.MTSS. Procedure for the implementation of the Occupational Health and Safety Management System. | Establishes a procedure to implement a management system and occupational health and safety so that the entity can self-evaluate or be evaluated by another person and demonstrate that it is effective, by achieving a safe environment and comprehensive and integrated organizational management. |
| 22. | Instruction No.3 of 2008. MTSS | It establishes the method for evaluating the state of the organization of health and safety at work in the entities or work centers and the improvement of the working conditions in them by the different entities of the state. |
| 2. 3. | NC 18001: 2005. Safety and health at work. Occupational health and safety management system. Requirements. | It specifies the requirements related to an occupational health and safety management system to allow an organization to control its risks associated with OSH and improve its performance. |
| 24. | NC 18002: 2005. Safety and health at work. Occupational health and safety management system. Guidelines for the implementation of the NC 18001 standard. | It provides general information on the application of the NC 18001 standard and seeks to explain the fundamental principles of NC 18001. |
| 25. | NC 18011: 2005. Safety and health at work. General guidelines for the evaluation of occupational health and safety management systems. Audit process. | It is a guide that indicates the basic principles, criteria and practices of the auditing of the occupational health and safety system and the guidelines for planning, conducting and documenting audits of these systems. |
| 26. | NC 3001: 2007. Integrated Human Capital Management System. Requirements. | Point 4.7 Requirements related to health and safety at work
Establishes the requirements related to: Policy. Structure of the SSST. SSST manual and legal basis. Prevention programs. Management indicators. Training and development in SSST. Documented safe work procedures. |
| 27. | NC 702: 2009. Safety and Health at Work. Training of Workers. General requirements. (Mandatory) | It provides guidance for identifying training needs, designing, planning and delivering it, evaluating the results, as well as for monitoring and improving the training process to achieve your objectives. |
Table No. 2 Occupational Health and Safety Management System. Requirements of NC-18001: 2005, Resolution No. 39/2007 and Instructions No. 2/2008 and No. 3/2008 of the MTSS.
| Requirements of NC-18001: 2005 (The components include the requirements of Res. No.39 / 2007 and Inst. 2/2008 and 3/2009 of the MTSS). | ||
| Requirements NC-18001: 2005 | Components / (Linked Legislation) | Documents identified in the organization |
| 4. Elements of the occupational health and safety management system | ||
| 4.1 General requirements | Establishes compliance with all the requirements of the standard. | Those associated with the Occupational Health and Safety System that are detailed in the standard. |
| 4.2 Occupational safety and health policy | Policy: Organizational risks.
Improvement and current legislation. (Res. 39/2007, Point 1) (Inst. No. 2/2008, Point I, g) 1) (Inst.No.2 / 2008, Point I, i) |
Business Strategy.
Manual of the Occupational Safety and Health System. |
| 4.3 Planning | ||
| 4.3.1 Planning for hazard identification, risk assessment and control
|
These procedures should include:
· Routine and non-routine activities; · Activities of all personnel with access to the workplace (including subcontractors and visitors); services or infrastructure. (Res. 39/2007 Points: 4, 5,6, 7, 8, 9, 10, 12, 13,15, 17,20) (Inst. 2/2008, Point 1, g) 2 and 3) (Res. 51/2008. Third Chapter, Procedures by job positions. The format of the same is defined) |
Procedure for hazard identification, risk assessment and control.
Procedure for the elaboration of security permits to carry out high-risk work. Occupational Hygiene Procedure. Procedure for Occupational Health Care. Planning and Financing Procedure for Safety and Health at Work. Procurement Security Requirements Procedure. Procedure for Security Requirements in New Facilities. Fire Prevention and Protection Procedure. Procedures for job positions with safety rules and requirements. |
| 4.3.2 Legal and other requirements | Identify and have access to the rules and laws.
(Res. 39/2007, Point 4) (Inst.No.2 / 2008, Point I, h) |
Procedure for Identification, Access and Updating of Legal and Other Requirements. |
| 4.3.3 Objectives | Senior Management Commitment.
(Res. 39/2007, Point 1). |
Business Strategy.
Annual Objectives and Goals of the Occupational Health and Safety System. |
| 4.3.4 OSH management program (s) | A) designated responsibility and authority to achieve the objectives and goals in each
role and relevant level of the organization; B) the means and the schedule, according to which said objectives must be achieved. (Res. 39/2007 Section II) |
Planning and Financing Procedure for Safety and Health at Work. |
| 4.4 Implementation and operation | ||
| 4.4.1 Structure and responsibilities
|
Definition of responsibilities and authority.
Appoint representative Address. (Res. 39/2007, Point 3) (Inst. No. 2/2008, Point I, g) 4) |
Business Improvement File.
Resolution of the Director with Representative of SST. Safety and Health at Work Manual. |
| 4.4.2 Training, awareness and competence | Responsibility, skill, education, ability to understand; and risk prevention.
(Res. 39/2007, Item 18) (Inst.No.2 / 2008, Point I, j) (NC - 702: 2009) |
General Procedure for the Management of Training and Development of Human Capital. |
| 4.4.3 Consultation and communication | Consultation and communication.
(Point 19, Res. 39/2007) (Inst.No.2 / 2008, Point I, k) |
Communication Management Manual. |
| 4.4.4 Documentation | Central document that describes the elements of the system. | Safety and Health at Work Manual. |
| 4.4.5 Control of documents and data
|
Located, approved, current, identified.
(Point 23, Res. 39/2007) (Inst. No. 2/2008, Point 1, i) |
Procedure for the Preparation of Documentation and Control of Documents and Records. |
| 4.4.6 Operational control | Operational procedures.
(Point 11, Res. 39/2007) (Inst.No.2 / 2008, Point I, m) (Inst.No.2 / 2008, Point I, p) (Inst.No.2 / 2008, Additional R., 1,3, 4) (Inst.No.2 / 2008, Additional R., 5: Territorial Environmental Recognition) |
Operational Control Procedure linked to:
Procedure for hazard identification, risk assessment and control. Procedure for the elaboration of security permits to carry out high-risk work. Occupational Hygiene Procedure. Procedure for Occupational Health Care. Planning and Financing Procedure for Safety and Health at Work. Procurement Security Requirements Procedure. Procedure for Security Requirements in New Facilities. Fire Prevention and Protection Procedure. OSH Procedures for Jobs. |
| 4.4.7 Emergency preparedness and response
|
Maintain plans and procedures to identify the potential for incidents or emergency situations and the response to them to prevent and mitigate the consequences that may be associated with them.
Check emergency plans. (Point 12 and 13 Res. 39/2007) (Inst.No.2 / 2008, Point I, n) (Inst.No.2 / 2008, Additional R., 2) |
Security Inspection Procedure.
Fire Prevention and Protection Procedure. Emergency Preparedness and Response Procedure. |
| 4.5 Verification and corrective action | ||||
| 4.5.1 Measurement and monitoring of performance | Verify objectives, plans and instruments. Documented procedure to measure system performance (Indicators, such as the process card)
(Point 11, Res. 39/2007) (Inst.No.2 / 2008, Point II, 1) (Inst. No. 3/2008, Registration and evaluation form of the organization of OSH) |
Human Capital Process.
Security Inspection Procedure. Procedure for Determining the Costs of Safety and Health at Work. Measurement Management Procedure. Monitoring and Control Procedure for the Actions of the Occupational Health and Safety System. |
||
| 4.5.2 Accidents, incidents, nonconformities, corrective action and preventive action | Investigation of accidents and incidents and non-conformities.
Application of corrective and preventive actions. (Point 11, Res. 39/2007) |
Procedure for the Investigation of Accidents, Fires, Faults and Incidents.
Procedure for the Treatment of Non-Conformities and Implementation of Corrective and Preventive Actions. |
||
| 4.5.3 Records and record management | (Point 23, Res. 39/2007) | Procedure for the Preparation of Documentation and Control of Documents and Records. | ||
| 4.5.4 Audit | (Point 21, Res. 39/2007)
(Inst.No.2 / 2008, Point III) |
Procedure for Internal Audits of the Occupational Health and Safety System. | ||
| 4.6 Management review | (Point 11, Res. 39/2007)
(Inst.No.2 / 2008, Point I, o) |
Review Procedure for the Occupational Health and Safety System. | ||
