Sexual harassment in workplace is a hot topic on newspaper or social media sometimes. Many EHS person still don’t know it is related to ISO45001 already.
Relative to OHSAS 18001, one of new requirements of ISO45001 is social factors hazard identification. The related original standard article is quoted below:
Article 188.8.131.52 requires the organization to identify hazards from social factors, e.g. workload, work hours, victimization, harassment and bullying etc. According to article 6.1.3, the organization also shall identify legal requirements, which are applicable to the identified social factor hazards. Article 6.1.3 is excerpted below:
Article 6.1.3 requires the organization shall maintain and retain documented information on its legal requirements and other requirements. In short, that is ‘legal register’ or ‘law list’.
Usually social factors are controlled by human resource department, which are seldom included in the responsibility of an EHS staff. But as new OHSMS already included it, we should prepare for it.
Below are several legal requirements in China. Just for example.
Labor Law of the People’s Republic of China(President Order No. 18)
- Article 38 The employer shall guarantee that its laborers have at least one day off a week.
- Article 41 The employer can prolong work hours due to needs of production or businesses after consultation with its trade union and laborers. The work hours to be prolonged, in general, shall be no longer than one hour a day, or no more than three hours a day if such prolonging is called for due to special reasons and under the condition that the physical health of laborers is guaranteed. The work time to be prolonged shall not exceed, however, 36 hours a month.
Special Rules on the Labor Protection of Female Employees(Order No. 619 of the State Council)
- Article 11 Employers shall prevent and prohibit the sexual harassment of female employees in their work places.