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Preparatory Commission for the Organisation for the Prohibition of Chemical Weapons

Document number: PC-XIII/B/WP.2
Document date: 1 February 1996
Original: ENGLISH
Corrigenda () have been inserted at the relevant places!

Thirteenth Session (18 - 22 March 1996)


EXPERT GROUP ON SAFETY PROCEDURES

EIGHTH REPORT

1. Introduction

1.1 In accordance with the Plan of Activities and Schedule of Meetings annexed to the Report of the Twelfth Session of the Commission (PC-XII/17), the Expert Group on Safety Procedures met on 1 February 1996 in The Hague.

1.2 As Mr. Ray Fatz of the United States of America was unable to be present for this meeting, the Group agreed that Mr. William Spalding of the United States of America would continue to serve as Acting Chairman of the Expert Group.

2. Tasks of the Group

The Group considered the following priority task identified by the Commission:

    (a) consider and approve the draft OPCW Health and Safety Regulations.

3. Draft OPCW Health and Safety Regulations

3.1 The Group approved the Draft OPCW Health and Safety Regulations annexed to this Report and recommended that Working Group B consider and forward them to the Commission for consideration and adoption at its Thirteenth Session.

3.2 The Group understood that subparagraph 4.2 of the Draft OPCW Health and Safety Regulations does not prejudice the obligation of inspected States Parties to provide available data based on detection and monitoring, to an agreed extent necessary to satisfy concerns that may exist regarding the health and safety of the inspection team. In cases where detection and monitoring, as referred to in subparagraph 5.2.2 of the Draft OPCW Health and Safety Policy (PC-IX/B/WP.5) cannot be carried out, alternative risk assessment data or information will be provided by the inspected State Party, as provided for in subparagraph 5.1.1 of the Draft OPCW Health and Safety Policy.

4. Recommendation

The Group recommended that Working Group B consider the Draft OPCW Health and Safety Regulations annexed to this Report and forward them to the Commission for consideration and adoption at its Thirteenth Session, and that these Regulations be adopted, mutatis mutandis, as the Health and Safety Regulations of the Preparatory Commission.


Annex

DRAFT OPCW HEALTH AND SAFETY REGULATIONS

1. Introduction

2. Risk Assessment and Risk Management

2.1 Introduction

2.2 Risk Assessment

2.3 Risk Management

3. Health and Safety within the OPCW Premises

3.1 Health and Safety Plan

3.2 Emergency Provisions

3.3 OPCW Premises

3.4 Health and Safety Audits

4. Health and Safety Principles during Inspections

4.1 Basic Principles

4.2 Detection and Monitoring

4.3 Modification of Inspection Activities for Health and/or Safety Reasons

5. Medical Requirements

5.1 Fitness for Work

5.2 Medical Treatment

5.3 Medical Treatment during Official Travel

5.4 Medical Records and Accident/Injury Reporting

5.5 Clean Air Policy

5.6 Medical Aspects of Staff Regulations

6. Health and Safety Training

6.1 Introduction

6.2 Responsibilities

6.3 New Employees

6.4 Health and Safety Training Content

7. Waivers and Exemptions

7.1 Requests for Waivers

7.2 Granting of Waivers

7.3 Exemptions


1. Introduction

    (a) The OPCW Health and Safety Regulations, hereinafter referred to as "OPCW Regulations", set out the means by which the OPCW Health and Safety Policy, hereinafter referred to as "OPCW Policy", is implemented. The OPCW Regulations form a consistent basis for the development of the OPCW Health and Safety Technical Guidelines, hereinafter referred to as "OPCW Guidelines".

    (b) Risk Assessment and Risk Management principles will contribute to ensure the health and safety of OPCW personnel in their activities.

2. Risk Assessment and Risk Management

A risk is characterised by the probability of an occurrence of an event and the level of expected damage associated with this event should it occur. 2.1 Introduction

    (a) This section contains a purely technical description of the risk assessment and risk management processes. These processes shall not be interpreted as a requirement for the Inspected State Party (ISP) to provide more information than is required under the terms of the Convention.

    (b) The general principles of risk assessment and risk management are based on the following methodological process:

      (i) taking into account the potential hazards relevant to health and safety;

      (ii) assessment of the risks associated with such significant hazards (level of damage, probability of occurrence) and a decision on the acceptability of such risks;

      (iii) management of the risks by using technical and organisational measures of prevention and protection;

      (iv) recording the assessment and deciding upon the frequency of review.

    (c) Adequate training of personnel will greatly contribute to minimising risks.

2.2 Risk Assessment

    (a) Risk assessment provides a tool for estimating the risks, both initial and after considering the existing or proposed measures aimed at minimising those risks. The potential for and the consequences of hazards have to be carefully considered on the basis of available data before undertaking any activity.

    (b) In cases where, by the nature of the operation, occurrence of a hazard is expected (such as in emergency destruction, training, or certain preventive maintenance operations), its consequences are to be determined and hence the measures defined, in order to ensure that personnel, objects, and the environment are either protected or not subject to exposure.

    (c) Risk assessment will be based upon available data on hazards. If the probability of occurrence of a hazard or its associated level of damage cannot be appropriately assessed, the risk assessment may have to consider the most credible worst-case scenario.

2.3 Risk Management

    (a) Risk management consists of applying technical, medical, organisational and administrative procedures to safeguard health and safety. It is aimed at reducing the risks to acceptable levels. The number of individuals exposed to risks, and the exposure period, shall be minimised.

    (b) If the risk involved with a specific activity is considered to be unacceptable, the activity shall be modified until the risk falls within acceptable limits or, if that is not possible, the activity shall not be performed,

    (c) Risk management measures to be taken as a result of the risk assessment can be divided into two different categories:

      (i) preventive measures;

      (ii) protective measures.

    (d) Technical, medical, organisational and administrative measures may be applied in combination or separately. Potential interaction between such measures, and combinations of their effect on the situation, must be considered.

    (e) Action should continuously be undertaken to ensure that the residual risks are contained within acceptable limits. If, for any reason, the risk exceeds acceptable limits, corrective measures must be undertaken to bring the risk back within its acceptable limits.

    (f) Preventive and/or protective measures shall be adjusted according to the evolution of the risk.

3. Health and Safety Within the OPCW Premises

3.1 Health and Safety Plan

    (a) The Health and Safety Office will prepare a health and safety plan for each building. While preparing and implementing this plan the principles of the risk assessment and risk management processes will be implemented. This plan will cover the following topics:

      (i) Nomination of staff responsible for implementation and monitoring of the plan. This will involve the appointment of area/divisional representatives;

      (ii) Requirements for compliance with host state, national and/or local regulations, rules and guidelines. To this purpose workplace standards are important and must include as a minimum:

        (aa) work at visual display units;

        (bb) manual handling of loads (lifting practices);

        (cc) environmental comfort;

        (dd) lighting standards;

        (ee) electricity supplies, fittings and cables; and

        (ff) maintenance of the building and equipment.

      (iii) Induction and maintenance training of OPCW personnel regarding the health and safety aspects of office work;

      (iv) Provisions for fire prevention, first aid and emergency procedures;

      (v) Safety of visitors and contractors; and

      (vi) Consideration of special hazards.

    (b) The health and safety plan will be distributed to and acknowledged by all employees and contractors.

    (c) The Health and Safety Office will carry out a full health and safety inspection at least annually, sending a report to the Director General.

    (d) The Health and Safety Plan must be regularly updated according to results of inspections and changing requirements.

3.2 Emergency Provisions

    (a) Plans must be established to deal with emergency situations.

    (b) The requirements of local and national fire regulations must be met.

3.3 OPCW Premises

    (a) In OPCW buildings the Occupational Hygienist will be responsible for conducting the necessary environmental monitoring. The Senior Medical Officer will be responsible for conducting the biological monitoring, if any.

    (b) The Occupational Hygienist will be responsible for overseeing the cleaning, daily maintenance and periodical upkeep of the equipment to be used for office detection and monitoring purposes.

    (c) If inspection equipment brought back to OPCW premises from inspection sites is contaminated, contamination control procedures are essential. Detailed procedures regarding decontamination of equipment, and safe disposal of toxic chemicals, contaminated clothing and equipment are described in the OPCW Guidelines.

    (d) Laboratory activities will be in accordance with ISO Guide 25 and will also be based on Good Laboratory Practices, if applicable.

    (e) The application of the Dutch Law and OPCW Regulations to health and safety within the OPCW Premises shall be in accordance with the provisions of the OPCW Headquarters Agreement.

    (f) Safety regarding laboratory activities not covered by the provisions of ISO Guide 25, Good Laboratory Practices or applicable Dutch Law are detailed in the OPCW Guidelines.

3.4 Health and Safety Audits

    (a) The Health and Safety Plan must be audited on a regular basis. The auditing procedures are detailed in the OPCW Guidelines.

    (b) Audits must assess the organisational and the technical elements of the health and safety plan and its application by OPCW personnel.

4. Health and Safety Principles during Inspections

4.1 Basic Principles

Inspectors shall comply with the ISP national and site-specific health and safety policy and regulations, and OPCW Policy and Regulations.

    (a) Activities during inspections shall be performed in accordance with para. 43 of Part II of the Verification Annex.

    (b) Some variation from the strict implementation of the OPCW Regulations may be necessary to comply with specific requirements under provision of para. 43 of Part II of the Verification Annex or of the Confidentiality Annex.

    (c) Such variations do not constitute a waiver situation since they are consistent with the OPCW Policy. Any such variations shall be reported in writing.

    (d) In accordance with the OPCW Policy, the inspection team should aim to maintain the health and safety procedures to be applied as close as possible to the procedures as detailed in the OPCW Guidelines.

    (e) No activity should involve a health and safety risk unacceptable to the inspection team or the ISP.

    (f) In the context of the implementation at an inspection site of the Risk Assessment and Risk Management principles described in section 2, the specific measures taken subject to the consent of and in close co-ordination with the ISP, shall not prejudice the relevant provisions of the Convention. However, Risk Management provides for flexibility for accommodating all relevant requirements.

4.2 Detection and Monitoring

Should the inspection team consider detection and monitoring a necessity for health and safety purposes, it will consult with the ISP on that necessity. If the ISP gives its consent to such detection and monitoring, it will generally perform these activities. The ISP may also suggest that these activities are carried out by the inspection team. If agreement is reached, the following may be involved, singly or in combination, to satisfy the concerns of the inspection team.

    (a) Provision of data by the State Party.

    (b) Detection and monitoring performed by the State Party, using its own equipment.

    (c) Detection and monitoring performed by the inspection team in the least intrusive manner, e.g. using equipment on alarm mode.

4.3 Modification of Inspection Activities for Health and/or Safety Reasons

    (a) The inspection team leader, after consultation with the ISP, may consider that a particular activity cannot be carried out or completed in the planned way for health and safety reasons, or for reasons related to the implementation of paragraph 43 of part II of the Verification Annex. In such a case an alternative inspection procedure should be adopted in consultation with the ISP in order to accomplish the inspection goals. A higher level of protection, or alternative preventive and corrective measures may be used for this purpose. It is the responsibility of the inspection team leader, only after the agreement of the ISP, to decide whether or not to change the inspection procedure after having reviewed the alternative inspection scenarios.

    (b) The causes of an accident must be determined, and, where necessary, the risk assessment, health and safety procedures and inspection activities must be reviewed before the affected inspection activities resume. Such review, and possible changes to inspection procedures, should be agreed with the ISP.

5. Medical Requirements

5.1 Fitness for Work

    (a) All OPCW job descriptions shall include a section which sets out the physical and mental requirements of the position.

    (b) All personnel must undergo a medical examination prior to commencing employment with the OPCW. Criteria for establishing the fitness of all inspectors and the OPCW requirements for initial and periodic medical examinations are contained in the OPCW Guidelines. The examination will normally be performed in a candidate's country of recruitment by an OPCW approved Physician. The results of the examination will be reviewed by the Senior Medical Officer of the OPCW, or a delegated medical officer, to determine a candidate's fitness to work with the OPCW.

    (c) Withholding of medical information required for the pre-employment medical examination could result in an employee's subsequent dismissal from the OPCW.

    (d) Staff members will have periodic medical examinations in order to ensure that their fitness to work is maintained, and as a preventative health measure. The frequency of such medical examinations depends on the staff member’s job and his age. Inspectors, particularly those with the potential to be exposed to hazardous chemicals, will undergo additional specific periodical examinations. Details appear in the OPCW Guidelines.

    (e) Where a staff member becomes permanently unfit to perform his duties as a result of injury or illness, it will be attempted to further employ him/her in an alternative post. If this is not possible, the Head of the Health and Safety Office may recommend to the Director General that the staff member's contract be terminated on medical grounds.

    (f) If in accordance with paragraph 43 of Part II of the Verification Annex, the ISP requests specific medical information in regard to the health and safety regulations on-site related to the fitness of an inspector, the inspection team leader will consult with ISP representatives on the ways to obtain such information. In case of divergences between the ISP and the inspection team, this shall be resolved in accordance with paragraph 3.3.3 (c) of the OPCW Policy.

5.2 Medical Treatment

    (a) The OPCW has the responsibility to provide, or to oversee medical treatment relating to occupational illness and injury. Staff members must obtain medical treatment for non-occupational illness or injury via their family doctor, or other local medical service. Details of the provisions of medical treatment, including that during travel, are contained in the OPCW Guidelines.

    (b) Wherever possible, religious and cultural considerations will be taken into account in the provision of medical treatment.

5.3 Medical Treatment during Official Travel

    (a) Obtaining treatment on official travel unrelated to inspection or training activities will be the responsibility of the OPCW staff member concerned. In the event of injury or illness abroad, the advice of the Health and Safety Office can be sought. The Health and Safety Office will provide staff members with information relevant to health needs when travelling.

    (b) Provisions for medical treatment during inspector training will be negotiated and recorded in an agreement to be concluded between the OPCW and the involved parties.

    (c) During travel with inspection teams:

      (i) Basic first aid will be provided by the Paramedic or Medical Officer on the team, or, in teams without either, by the team member with secondary health and safety duties.

      (ii) Where inspection teams include medical personnel medical treatment should only be provided by qualified personnel. In other circumstances treatment will be sought from local medical officers.

      (iii) In cases requiring hospitalisation, the OPCW Senior Medical Officer or his delegate must be promptly notified.

      (iv) Assistance may be requested from the inspected State Party. When appropriate, such assistance will be provided in accordance with the facility agreement.

      (v) Where medical evacuation of a patient is required, the inspected State Party will assist, to the extent possible, at all stages, including transportation of the patient to a departure point. Maximum effort shall be made to transport a patient to a suitable medical facility as soon as possible.

      (vi) While it is not normally the policy of the OPCW that its health and safety personnel should provide treatment for non-OPCW personnel, in an emergency situation where no local health personnel are present, or when non-OPCW personnel are injured by an inspection related activity, emergency first aid will be rendered.

    (d) Requests under Article X of the Convention for medical treatment of suspected chemical casualties will normally be met by medical personnel from assisting State Parties. Health and safety personnel from inspection teams will not normally render such treatment, unless instructed otherwise by the Director General of the OPCW.

5.4 Medical Records and Accident/Injury Reporting

    (a) The Health and Safety Office will keep records of all employees' known exposures to hazardous substances, reflecting any relevant clinical, laboratory, or monitoring results, as well as records of pre-employment or periodic medical examinations. Such records will be kept indefinitely. Relevant aspects of these records will be summarised in a standardised format and shall be brought onto the inspected site for each inspector. Records of general medical conditions occurring during duty travel, or occupational illness or injury, must be maintained in the facility where the employee is treated, and transmitted to the OPCW in summarised form. All medical records are confidential.

    (b) All incidents causing, or nearly causing, injuries or death during duty in all places will be reported to the Senior Safety Officer. An investigation will be carried out by the Senior Safety Officer and supervisor of the personnel concerned. Reporting and investigating details can be found in the OPCW Guidelines.

5.5 Clean Air Policy

All employees have the right to a smoke-free workplace. The OPCW recognises the hazard to health of active and passive smoking and discourages staff members from smoking. The OPCW will establish a clean air policy to be developed in co-operation with staff.

5.6 Medical Aspects of Staff Regulations

    (a) Medical disability pensions shall be established by the OPCW only in cases where damage to health of a staff member has been causally linked to activities undertaken for and on behalf of the OPCW. The extent of disability shall be determined by examination in suitable OPCW approved medical institutions. Injuries sustained in the course of OPCW missions shall be compensated by the OPCW.

    (b) The OPCW shall provide medical insurance for inspectors for the period of their training, and shall agree with a State Party providing training and an insurance company of that country or an international insurance company on the procedures for medical assistance in cases of serious illness or injury.

    (c) Negligence or misconduct of Health and Safety Office staff in implementing the provisions of the OPCW Policy and Regulations shall be deemed as professional inadequacy and could result in termination of employment.

6. Health and Safety Training

6.1 Introduction

Adequate attention to the training and education of individuals in Risk Assessment/Management in relation to their work enables them to take personal responsibility for their safety.

6.2 Responsibilities

In addition to the responsibilities for health and safety training set out in paragraph 6.2 of the OPCW Policy, the following apply.

    (a) The Senior Safety Officer must identify and update on the basis of experience general and specialist safety training needs in consultation with employees' immediate supervisors who will advise the Head of the Health and Safety Office of any such requirement.

    (b) The appropriate training authority will be responsible for arranging and recording all necessary safety training.

6.3 New Employees

All new staff will receive basic safety instruction by the Health and Safety Office

6.4 Health and Safety Training Content

Syllabuses of all Health and Safety training courses will be developed, evaluated, and updated by the appropriate training authority in conjunction with the Health and Safety Office, and are detailed in the OPCW Guidelines.

7. Waivers and Exemptions

    (a) The goal of the OPCW is the avoidance of all waivers and exemptions from and strict adherence to OPCW Policy and Regulations.

    (b) Variations from standard OPCW Regulations and Guidelines made in order to comply with paragraph 43 of Part II of the Verification Annex, do not constitute waiver situations since they are consistent with the OPCW Policy.

    (c) On the rare occasion that a waiver may be required, the procedure is contained in the OPCW Guidelines.

7.1 Requests for Waivers

When compliance with the OPCW Policy and Regulations cannot be achieved, a request for waiver should be submitted through the Head of the Health and Safety Office to the Director General or an Authorised Official.

7.2 Granting of Waivers

    (a) Waivers may be granted by the Director General or an Authorised Official.

    (b) A request for amendment will be initiated when factors or circumstances requiring a change to the original waiver are identified and must also be granted by the Director General or an Authorised Official.

7.3 Exemptions

Requests for exemptions will be submitted to the Director General.

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