OSHWA
1. Objectives:
2. Duties of Employer:
3. Duties of Employee:
4. Risk Assessment:
5. Records of Accidents:
6. Exposure to Danger:
7. Keeping of Documents:
8. Health and Safety Officers:
9. Notices of Warning:
10.Trespassers:
11. Lawful Visitor:
12. Health and Welfare:
13. Safety:.
14. Noise:
15. Protection:
16. Offences and Penalties:
17. Legal Obligations:
Occupational,
Health,
Welfare and Safety Act
1. Objectives:
 Ensure the well-being, safety, and health of employees at work.
 Protect others (like visitors) against risks arising from work activities.
 Control the use of hazardous substances and machinery at workplaces.
2. Duties of Employer:
 Provide a safe working environment.
 Ensure machinery and tools are safe to use.
 Provide necessary training and supervision.
 Conduct regular risk assessments.
 Implement measures to prevent accidents and health risks.
3. Duties of Employee:
 Work safely without endangering themselves or others.
 Use provided protective equipment.
 Report any hazards or potential risks.
 Follow safety instructions and training.
4. Risk Assessment:
 Identify potential hazards in the workplace.
 Evaluate the risks associated with identified hazards.
 Implement control measures to minimize or eliminate risks.
 Review and update assessments regularly.
5. Records of Accidents:
 Maintain a logbook or register of any accidents or incidents.
 Include details like date, time, persons involved, and nature of the injury.
 Use these records to prevent future incidents.
6. Exposure to Danger:
 Avoid exposing employees to unnecessary danger.
 If exposure is unavoidable, provide suitable protective equipment and
training.
7. Keeping of Documents:
 Store all health and safety related documents securely.
 Documents should be easily accessible for inspection by relevant
authorities.
8. Health and Safety Officers:
 Appointed individuals responsible for overseeing health and safety
measures.
 Conduct regular safety checks and audits.
 Provide training and raise awareness among employees.
9. Notices of Warning:
 Display warning signs in areas with potential hazards.
 Ensure signs are visible and easily understood.
10. Trespassers:
 Individuals who enter the premises without permission.
 Employers generally have a limited duty of care to protect trespassers.
11. Lawful Visitor:
 Individuals with permission to enter, like clients or vendors.
 Employers have a duty of care to ensure their safety.
12. Health and Welfare:
 Ensure sanitary conditions, access to clean water, and appropriate rest breaks.
 Provide facilities like restrooms and first aid.
13. Safety:
 Implement measures to prevent accidents, such as safety barriers or guards on
machinery.
14. Noise:
 Prevent excessive noise exposure.
 Provide ear protection if necessary.
15. Protection:
 Ensure employees are protected from potential hazards, e.g., using personal
protective equipment.
16. Offences and Penalties:
 Failure to comply with health and safety regulations can lead to fines, sanctions,
or even imprisonment.
 The severity of penalties depends on the nature of the breach and local
regulations.
17. Legal Obligations:
 Employers must comply with local and national health and safety laws.
 Regularly update policies to stay compliant with any legislative changes.
Health and Safety Guide for Travel and Tour Guiding Businesses
1. Objectives:

Safeguard the health and well-being of employees, like tour guides.

Protect tourists from potential risks during guided tours.

Handle hazardous situations, like extreme weather or challenging terrains,
with utmost care.
2. Duties of Employer:

Offer a safe working environment, such as ensuring transportation
vehicles are safe and maintained.

Train tour guides on safety protocols and emergency responses.

Conduct risk assessments for different tours offered.

Put in place measures to prevent accidents, e.g., guidelines on hiking or
interacting with wildlife.
3. Duties of Employee (Tour Guides):




Operate tours safely.
Use safety equipment, like helmets or life vests, when required.
Inform superiors of potential risks or hazards noticed during tours.
Adhere to safety training protocols.
4. Risk Assessment:

Evaluate potential dangers for each type of tour, considering factors like
weather, terrain, or local wildlife.

Develop strategies to minimize those risks.

Regularly review and update risk evaluations, especially after incidents.
5. Records of Accidents:

Keep a detailed record of any incidents during tours, whether minor or
major.

Review these records to adapt and improve safety measures.
6. Exposure to Danger:

Avoid tour routes or activities that expose tourists or employees to
unnecessary risk.

In adventurous tours, ensure proper safety gear and training are
provided.
7. Keeping of Documents:

Maintain and organize all safety documents, training records, and incident
logs.

Ensure they're ready for inspections or reviews.
8. Health and Safety Officers:

Appoint team members to oversee safety across all tours.

Regularly audit tours and safety equipment, ensuring compliance with best
practices.
9. Notices of Warning:

Display clear warning signs in potentially risky areas, such as cliff edges or
strong current zones.
10. Trespassers:

Clearly mark private areas or dangerous zones tourists should avoid.

Brief tourists about areas they shouldn't venture into.
11. Lawful Visitor:

Ensure all tourists understand safety protocols and are equipped accordingly.

Address any safety concerns they raise promptly.
12. Health and Welfare:

Ensure access to essentials like clean water during tours.

Plan tour schedules with adequate rest breaks and access to facilities.
13. Safety:

Make sure safety measures, like guide ropes or safety nets, are in place where
required.
14. Noise:

In noisy environments, like near waterfalls or in busy streets, provide guidance to
tourists to ensure they can hear instructions, possibly using loudspeakers or
headsets.
15. Protection:

Equip tour guides and tourists with necessary protective gear, like raincoats, sun
hats, or trekking poles, based on the tour's nature.
16. Offences and Penalties:

Stay informed about local regulations concerning tour operations.

Ensure the business and its activities adhere to these rules to avoid penalties.
17. Legal Obligations:

Regularly review local and national tourism and safety laws.

Adapt business practices to any changes in regulations.
Health and Safety Guide for Travel and Tour Operating Businesses
1. Vulnerable Tourists:

Pay extra attention to tourists who might need more care, such as
children, elderly, or those with disabilities. Tailor activities to suit their
needs and ensure they have assistance when required.
2. Magnitude of Risk:

Evaluate the risks for each tour activity. For high-risk tours, like
adventure sports or wilderness hikes, take extra precautions. Lower risk
activities, like city tours, might require different considerations.
3. Roles & Responsibilities:

Owner's Role:

Ensure sufficient resources for safety: first-aid kits, trained
staff, safe transportation, etc.


Lay down the fundamental safety policies for the business.
Manager's Role:

Implement the safety policies on a day-to-day basis.

Keep tabs on daily tours, weather conditions, equipment checks,
and guide training.

Address immediate safety concerns and feedback from staff or
tourists.

Employer's Overall Responsibility:

Foster a culture that prioritizes safety in all tours.

Update safety guidelines in response to feedback or new
situations.

Regularly offer training to guides and staff on safety measures
and emergency protocols.
4. Feedback & Communication:

Have an open channel where guides and tourists can provide feedback
about safety concerns without fear.

Use this feedback to refine and update safety measures.
5. Equipment & Resources:

Regularly inspect and maintain any equipment used in tours.

Ensure resources like first-aid kits, communication devices, or protective
gear are available and in good condition.
6. Training:

Provide training sessions for guides on safety protocols, first-aid, handling
emergencies, and dealing with vulnerable tourists.
7. Documentation:

Keep records of all incidents or accidents for review.

Store safety protocols, training records, and feedback securely and
ensure they're accessible for revisions and checks.
Activity 1: OSHWA
Fill in the Blanks (10 marks)
1. After any incidents on a tour, details should be recorded in the
_________.
2. Before organizing any tour, it's essential to evaluate the _________
associated with its activities.
3. A person who enters tour premises or areas without permission is
termed a _________.
4. Someone who has obtained permission to access certain areas during
a tour is a _________.
5. The process of identifying, evaluating, and managing potential
hazards during tours is called a _________.
6. If an accident occurs due to a tourist's own carelessness, it can be
termed as _________.
7. Ensuring a safe environment and training for the team falls under
the _________ in a travel and tour guiding company.
8. Following safety protocols and reporting potential hazards are some
of the _________ in the industry.
9. Employers are expected to take _________ precautions to protect
both staff and tourists.
10. Canceling a tour due to extreme weather conditions can be a
_________ to ensure everyone's safety.
lawful visitor - duties of the employee - justifiable reason - contributory
negligence - accident book – reasonable – trespasser - magnitude of risk risk assessment - duties of the employer
ANSWER…
Activity 2: MCQ
1. What term describes unexpected events such as natural disasters that
prevent a travel agency from fulfilling its obligations?

a) Force majeure

b) Regular obstacle

c) Scheduled delay

d) Predicted phenomenon
2. Who requires special attention and might need additional
accommodations during a tour?

a) Seasoned travelers

b) Vulnerable people

c) Tour guides

d) Local residents
3. What might a travel agency face if they violate health and safety
regulations?

a) Appreciation

b) Offences

c) Bonuses

d) Recommendations
4. The act requires travel agencies to take which type of care towards its
clients?

a) Minimal care

b) Reasonable care

c) Excessive care

d) No care
5. What is the main goal of the health and safety act in the travel
industry?

a) Increase profits

b) Promote tourism

c) Ensure safety and well-being of all involved

d) Market the company
6. Whose responsibility is it to ensure that tour packages are safe and as
described in the promotions?

a) Duties of the travel agency

b) Duties of the tourists

c) Duties of the local guides

d) Duties of the hotel
7. Whose responsibility is it to ensure logistics, accommodation, and
transportation during the tour?

a) Duties of the hotel staff

b) Duties of the travel agency

c) Duties of tour operating business

d) Duties of local authorities
8. Who is expected to follow safety protocols and respect local customs
and traditions?

a) Duties of the guides

b) Duties of the travel agency

c) Duties of the local authorities

d) Duties of guests
9. What term describes provisions like clean drinking water, access to
medical aid, and proper rest breaks during a tour?

a) Safety tools and equipment

b) Force majeure

c) Welfare

d) Offences
10. Every traveler and staff member has a _______ if they notice any
safety hazards during a tour.

a) Choice to ignore

b) Duty to report

c) Chance to negotiate

d) Opportunity to repair
11. To ensure the safety of tourists during high-risk activities, what is
essential?

a) Safety tools and equipment

b) Tour pamphlets

c) Souvenirs

d) Feedback forms
12. In potentially hazardous areas during a tour, what must be
prominently displayed to alert tourists of the risk?

a) Advertisements

b) Itineraries

c) Notices or warning signs

d) Feedback forms
13. Who might need additional supervision or specific considerations due
to their age during a tour?

a) Seasoned travelers

b) Tour operators

c) Young people

d) Local guides
14. A travel agency must be particularly cautious and considerate about
travelers with:

a) Multiple luggage items

b) Premium booking

c) Health-related issues

d) Frequent flyer miles
15. What should be placed at the entrance of a location with a recent
landslide to inform tourists of potential danger?

a) Guide’s credentials

b) Promotional banners

c) Warning signs

d) Tour schedules
Activity 3: Matching
Column A
Column B
1. Tourists exposed to sun for
prolonged periods.
a. Frequent rotations for guides and
ergonomically designed luggage.
2. Guests unfamiliar with local
wildlife hazards.
b. Use of sunscreen and provision of
hats or umbrellas.
3. Risk of slipping near pool
areas or wet spots during
excursions.
c. Educating tourists on local flora
and fauna during orientation.
4. Employees and tourists
exposed to local illnesses or
infections.
5. Exhausting travel schedules
leading to tourist fatigue.
6. Poor indoor air quality in
transportation vehicles.
7. Malfunctioning equipment
during adventure activities.
8. Tourists unfamiliar with
emergency procedures in a
foreign hotel.
9. Repetitive actions by tour
guides, like lifting luggage.
10. Tourists exposed to loud
cultural or entertainment
events.
d. Slip-resistant mats and immediate
clean-up of spills.
e. Mandatory breaks and spread-out
activity schedules.
f. Regular cleaning and maintenance
of vehicle air conditioning systems.
g. Regular equipment checks and
maintenance.
h. An orientation session upon
arrival detailing emergency exits and
procedures.
i. Providing earplugs or noisecanceling headphones.
j. Ensuring travelers are vaccinated
and providing hand sanitizers.
Case Study: Beach Breeze Tours and the Safety
Concerns of the Magical Mauritius Adventure
Background:
Beach Breeze Tours, operating from Mauritius, is a top pick for many
travelers. Their signature trip, the “Magical Mauritius Adventure,” offers a
blend of island beauty, cultural insights, and local charm. Anna, the
company's founder, prides herself on the promise of safety-first experiences.
Situation:
John, hailing from Australia, chose the Magical Mauritius Adventure for his
vacation. He had high hopes for a safe and fun-filled tour.
However, he observed several safety issues:
1. The boat used for a lagoon trip looked old and lacked life jackets.
2. During a jungle walk, he overheard guides saying they hadn’t been
trained for emergencies.
3. Although Beach Breeze stated that they work only with certified
partners, one of the food vendors during their local market trip didn’t
seem to have a hygiene certificate.
4. On their snorkeling day, John noted there were no first-aid kits or
safety briefings.
5. Some of the trekking routes seemed risky, with no clear paths or
railings, but were not mentioned in the brochure.
6. The guide at the mountain viewpoint seemed unsure about the safety
protocols during bad weather.
7. While camping, John found that the fire safety equipment appeared
outdated.
8. Post-tour, John received feedback forms from a different company,
suggesting a potential breach of his personal data.
9. During a beach clean-up activity, there were no gloves or protective
gear provided, even when dealing with sharp objects.
10. Some staff confided in John that they were made to work long hours
in the sun without regular breaks or protective hats and sunglasses.
QUESTIONS:
1. What is the primary aim of the occupational health and
safety act in the context of the travel industry?
2. Describe two duties of the employer, Beach Breeze Tours, as
outlined in the act.
3. Mention two responsibilities of employees of Beach Breeze
Tours under the act.
4. As a guest or tourist, what are the two key duties John
should be aware of?
5. Give an example from the case study where a warning sign
could have been beneficial.
6. In the context of the case study, explain what "contributory
negligence" might mean.
7. What is meant by "reasonable care" in terms of the tour
company's obligations?
8. How would the company's responsibility differ between a
lawful visitor like John and a trespasser?
9. Identify two potential offences Beach Breeze Tours might
have committed based on John's observations.
10.What might be the implications for Beach Breeze Tours if
they fail to uphold their duties as an employer under the
act?
Question 1: What is the primary aim of the occupational health and safety
act in the context of the travel industry?

Issue: What is the main goal of the occupational health and safety
act within the travel industry's scope?

Rule: The act aims to ensure that companies within the travel
industry prioritize and uphold the health and safety of both
employees and customers.

Application: In the case of Beach Breeze Tours, the act mandates
them to provide safe tours and working conditions.

Analysis: The company's main goal should be the safety and wellbeing of its customers and employees. The act ensures that necessary
precautions are in place and that companies are held accountable for
lapses.

Conclusion: The primary aim of the occupational health and safety
act, within the travel industry, is to prioritize and ensure safety and
health standards for all stakeholders involved.
Question 2: Describe two duties of the employer, Beach Breeze Tours, as
outlined in the act.

Issue: What are the responsibilities of Beach Breeze Tours as an
employer under the act?

Rule: Employers have a duty to provide a safe working environment
and to ensure that all activities and operations adhere to safety
standards.

Application: Beach Breeze Tours should have ensured that their boats
were equipped with life jackets and that trekking routes were safe.

Analysis: Beach Breeze Tours' apparent negligence in ensuring
adequate safety measures suggests a failure in upholding their duties
as an employer.

Conclusion: Beach Breeze Tours failed to provide a safe environment
and adhere to the safety standards, thus not fulfilling their duties as
an employer.
Question 3: Mention two responsibilities of employees of Beach Breeze Tours
under the act.

Issue: What are the main responsibilities of the employees under the
health and safety act?

Rule: Employees must comply with safety procedures, use safety
equipment when necessary, and report any observed hazards.

Application: If an employee of Beach Breeze Tours observed unsafe
practices (like the snorkeling activity) and did not report or address
it, they would not be fulfilling their responsibility.

Analysis: For the safety of tours, employees play a vital role in
executing the safety guidelines. Non-adherence can lead to potential
hazards.

Conclusion: Employees of Beach Breeze Tours have a duty to follow
safety guidelines and report any discrepancies or hazards they
observe.
Question 4: As a guest or tourist, what are the two key duties John should
be aware of?

Issue: What are John's duties as a tourist or guest?

Rule: Tourists should adhere to the safety guidelines provided and
report any discomfort or perceived dangers.

Application: John, upon noticing discrepancies, should report them
immediately and follow all safety instructions given during the tour.

Analysis: While the company holds the primary duty of safety,
tourists play a role in ensuring their safety by being vigilant and
compliant.

Conclusion: John's duties involve adhering to safety guidelines and
being proactive in reporting observed concerns.
Question 5: Give an example from the case study where a warning sign
could have been beneficial.

Issue: Where could a warning sign have potentially averted a safety
concern in John's experience?

Rule: Warning signs should be placed in potentially hazardous areas
or activities to inform and protect individuals.

Application: A warning sign during the snorkeling activity indicating
potential dangers or specifying the need for life jackets could have
alerted John and other tourists.

Analysis: Given the risks associated with water-based activities, clear
warning signs can enhance safety awareness and minimize hazards.

Conclusion: Beach Breeze Tours should have placed warning signs
during the snorkeling activity to ensure tourists were informed of
potential risks.
Question 6: What does "contributory negligence" mean, and how might
it have applied to John?

Issue: Could John's actions or lack of actions have contributed to his
safety concerns, constituting "contributory negligence"?

Rule: "Contributory negligence" implies that the injured party, in
some manner, contributed to the harm they experienced.

Application: If John ignored safety guidelines during an activity or
ventured into areas not approved by Beach Breeze Tours, his actions
could be seen as contributory negligence.

Analysis: While companies have the primary responsibility for safety,
tourists also need to adhere to guidelines. Ignoring these guidelines
can result in tourists contributing to their harm.

Conclusion: Contributory negligence would apply if John acted
against or without guidance, thus playing a role in any potential
harm.

Question 7: What is meant by "reasonable care" in the act and how
did Beach Breeze Tours potentially breach it?

Issue: Did Beach Breeze Tours exhibit "reasonable care" towards its
guests, specifically John?

Rule: "Reasonable care" refers to the precautions an ordinary,
prudent entity would take under similar circumstances.

Application: When Beach Breeze Tours failed to have safety measures
during the snorkeling activity, they may not have exhibited
"reasonable care".

Analysis: Comparing the snorkeling activity with standard practices,
it is evident that the expected level of care was potentially not met.

Conclusion: Beach Breeze Tours might have breached their duty of
"reasonable care" by not ensuring adequate safety during the
snorkeling activity.
Question 8: How does the act differentiate between a "lawful visitor"
and a "trespasser"? Provide an instance from the case study.

Issue: How are "lawful visitors" like John treated differently from
"trespassers"?

Rule: A "lawful visitor" has the right to be on the property and
should be protected from harm. In contrast, a "trespasser" is not
authorized to be on the premises, and the duty of care is limited.

Application: John, being a guest of Beach Breeze Tours, was a
"lawful visitor". If someone were to join the tour without paying or
permission, they would be a "trespasser".

Analysis: While both have certain rights, "lawful visitors" are entitled
to more protection under the act compared to "trespassers".

Conclusion: John, as a "lawful visitor", should have been provided
with all safety measures, whereas a "trespasser" would not have the
same level of protection.
Question 9: Which actions of Beach Breeze Tours could be considered as
"offences" under the act?

Issue: Which actions or inactions by Beach Breeze Tours contravened
the health and safety act?

Rule: Any action that jeopardizes the health and safety of guests or
does not follow the stipulated guidelines of the act is an offence.

Application: The absence of safety measures during snorkeling and
possibly collaborating with unauthorized trek operators can be seen
as offences.

Analysis: Beach Breeze Tours' disregard for safety guidelines and
collaboration with potentially unauthorized entities puts them at risk
of contravening the act.

Conclusion: Beach Breeze Tours committed offences by potentially
ignoring safety guidelines and collaborating with unauthorized trek
operators.
Complete for the last question (Question 10) using the same approach...