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Occupational Safety and Health (OSH)
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Burundi - 2014

  • 1 Description of national OSH regulatory framework

  • 2 Scope, coverage and exclusions

    • 2.1 Health and safety covers physical and psychological health

      No data available.
    • 2.2 Definition of worker

      Summary/citation: A worker is any natural person, regardless of age, gender or nationality who is engaged by an employer through an employment contract.

      • Code du Travail. (Art. 15 B))

      • 2.2.1 Coverage of particular categories of workers

        Yes.
        • 2.2.1.1 Migrant workers

          Summary/citation: Migrant workers are included in the scope of application of OSH legislation. The Labour Code states that a worker is any natural person regardless of nationality who is engaged by an employer through an employment contract.
          (Labour Code, Art. 15 B) )

          Foreign workers enjoy the same rights as national workers and they are subject to the Labour Code.
          (Labour Code, Art. 17 )

          • Code du Travail. (Art. 15 B) et (Art.17)

        • 2.2.1.2 Domestic workers

          Summary/citation: Domestic workers are not specifically excluded from the definition of worker, which covers any natural person, regardless of age, gender or nationality who is engaged by an employer through an employment contract.

          • Code du Travail. (Art. 15 B))

        • 2.2.1.3 Home workers

          Summary/citation: Home workers are not specifically excluded from the definition of worker, which covers any natural person, regardless of age, gender or nationality who is engaged by an employer through an employment contract.

          • Code du Travail. (Art. 15 B))

        • 2.2.1.4 Self-employed persons

          Summary/citation: Self-employed persons are not specifically excluded from the definition of worker, which covers any natural person, regardless of age, gender or nationality who is engaged by an employer through an employment contract.

          • Code du Travail. (Art. 15 B))

    • 2.3 Definition of employer

      Summary/citation: An employer is any natural or legal person, governed by public or private law who uses the services of one or more workers under an employment contract.

      • Code du Travail. (Art. 15 C))

      Related CEACR Comments
      Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Observation 2017
      Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 1998

    • 2.4 Exclusion of branches of economic activity

      • 2.4.1 Agriculture

        Summary/citation: Agriculture is included in the scope of application of OSH legislation. The Labour Code is applicable to public and private companies and to farms.

        • Code du Travail. (Art. 14)

      • 2.4.2 Construction

        Summary/citation: Construction is included in the scope of application of OSH legislation. The Labour Code applies to companies whose business is exercised in the territory of the Republic of Burundi and governs the relationship of these and their staff when the workplace is located in Burundi.

        It is applicable to personal of industrial and commercial services and other mixed company, and more generally to workers governed by specific status, when this status need to be interpreted or supplemented.

        • Code du Travail. (Art. 14)

        Related CEACR Comments
        Safety Provisions (Building) Convention, 1937 (No. 62) Observation 2016

      • 2.4.3 Services

        Summary/citation: Services are included in the scope of application of OSH legislation. The Labour Code applies to companies whose business is exercised in the territory of the Republic of Burundi and governs the relationship of these and their staff when the workplace is located in Burundi.

        It is applicable to personal of industrial and commercial services and other mixed company, and more generally to workers governed by specific status, when this status needs to be interpreted or supplemented.

        • Code du Travail. (Art. 14)

      • 2.4.4 Public sector

        Summary/citation: The Labour Code is applicable to staff engaged through an employment contract by the State or by the regional and local authorities.

        The Labour Code is applicable to public and private companies.

        Restrictions / obligations: Public servants, magistrates, armed forces and the staff of different police forces are excluded from the scope of application of the Labour Code.

        • Code du Travail. (Art. 14)

        Related CEACR Comments
        Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Observation 2017
        Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 1998

    • 2.5 Definition of occupational accident

      Summary/citation: An occupational accident is considered, whatever the cause is, as an accident occurred to a worker due to work or in the course of work.
      (Social Security Code, Art. 48)

      The following accidents are also considered as occupational accidents:
      - the accident that occurred to a worker during the round trip between the worker’s usual residence or the place where he/she usually takes his/her meals and the workplace or the place where he/she receives remuneration, insofar the course has not been interrupted or diverted due to a personal interest or non-job-related reason.
      - the accident that took place during travels when expenses shall be borne by the employer according to the legislation in force.
      (Social Security Code, Art. 49)

      • Loi n° 1/011 du 29 novembre 2002, Réorganisation des régimes des pensions et des risques professionnels en faveur des travailleurs régis par le code du travail et assimilés (Art. 36)

      • Loi n° 1/10 du 16 juin 1999 portant Code de la sécurité sociale. (Art. 48 and Art. 49)

    • 2.6 Definition of occupational disease

      Summary/citation: Any pathology resulting as a necessary consequence of a special risk inherent to the type of profession performed by the worker or from the environment in which he/she has to work, including physical, chemical or biological agents, is considered as occupational disease.
      (Loi n° 1/10 du 16 juin 1999 portant Code de la sécurité sociale, Art. 51(2))

      Local endemic or epidemic diseases will be considered as occupational diseases only if they are contracted by persons charged with combating them because of their professions.
      (Loi n° 1/011 du 29 novembre 2002, Réorganisation des régimes des pensions et des risques professionnels en faveur des travailleurs régis par le code du travail et assimilés, Art. 37)

      • Loi n° 1/011 du 29 novembre 2002, Réorganisation des régimes des pensions et des risques professionnels en faveur des travailleurs régis par le code du travail et assimilés (Art. 37)

      • Loi n° 1/10 du 16 juin 1999 portant Code de la sécurité sociale. (Art. 51)

  • 3 Institutions and programmes relating to OSH administration and/or enforcement

    • 3.1 Competent national authority for safety and health at work

      Summary/citation: Labour Inspectorate is included among the services of the Ministry in charge of labour issues. Any natural or legal person covered by the Labour Code is under the legal supervision of the Labour Inspectorate
      (Labour Code, Art. 154)

      Labour administration and employment related activities are competences of the Ministry in charge of labour and responsible for ensuring the improvement of working conditions.
      (Labour Code, Art. 152)

      Orders issued by the Minister of Labour after consultation with the National Labour Council lay down hygiene and safety conditions for workers in the work places and the conditions in which the labour inspectors will have to use the formal notice procedure.

      The Social Security agency shall organize a prevention program which aims to reduce occupational hazards. It helps ensure efficiency of safety and hygiene rules and procedures in the workplaces.
      The agency shall ensure the collection and the use of statistics and research about occupational risks.
      (Social Security Code, Art. 63)

      The agency shall use any form of publicity and popularisation to promote prevention methods.
      (Social Security Code,Art. 64)

      The agency may grant discounts or advances to reward or to encourage enterprises to accomplish preventive measures.
      (Social Security Code, Art. 65)

      • Loi n° 1/10 du 16 juin 1999 portant Code de la sécurité sociale. (Art. 63, Art. 64, Art. 65)

      • Code du Travail. (Art. 154 and Art.152)

      • 3.1.1 Objectives, roles and/or functions

        Summary/citation: According to the Labour Code, Labour Inspectorate is assigned with the mission to ensure the implementation of legal provisions related to working conditions and workers’ protection such as provisions on safety, hygiene, well-being at work, employment of young workers, children and women and social security organization.

        • Code du Travail. (Art. 156)

      • 3.1.2 Chairperson and composition

        Remarks / comments: Labour inspection services are managed by labour inspectors.

    • 3.2 National OSH research programme or institute

      No data available.
      • 3.2.1 Objectives, roles and/or functions

        No data available.
      • 3.2.2 Governance board constitution and chairmanship

        No data available.
      • 3.2.3 Source of funding

        No data available.
    • 3.3 National OSH programme

      No data available.
      • 3.3.1 Consultation on the national OSH programme

        No data available.
  • 4 Employers’ duties and responsibilities to protect the safety and health of workers and others

    • 4.1 Duty to ensure the health and safety of employees

      Summary/citation: The employer has the obligation to ensure that work is accomplished in suitable conditions regarding safety, dignity and health of workers taking into account the regulations in force and the nature of the work which is being performed.
      (Labour Code, Art. 35)

      The employer is required to comply with the provisions in force regarding the hygiene and safety of workers, organization and operation of medical and health services of the company, and special working conditions for pregnant women and young people.
      (Labour Code, Art. 146)

      • Code du Travail. (Art. 35, Art. 146)

    • 4.2 Duty to protect the health and safety of people other than their own employees

      No data available.
    • 4.3 Collaboration among two or more employers at the same workplace

      Summary/citation: The employer is liable when the accident qualifies for some benefits in the occupational risks regime, or the employer intended the death, injury or illness of the worker or a material accident.
      In this case it is considered as employer the person who used the services of the victim, temporarily subleased by another enterprise.
      When two employers engage in temporary partnership, they are jointly liable for any accident for which the worker is entitled to benefits, occurred during the partnership.

      • Loi n° 1/011 du 29 novembre 2002, Réorganisation des régimes des pensions et des risques professionnels en faveur des travailleurs régis par le code du travail et assimilés (Art. 72)

    • 4.4 Surveillance of workers’ health in relation to work

      Summary / Citation: The employer may, if he/she considers it useful, conduct a medical examination prior to employment.

      • Code du Travail. (Art. 24)

      • 4.4.1 Specific hazards for which surveillance is required

        Summary / Citation: For unhealthy and hazardous occupations, the Minster of Health will issue an Order specifying the modalities of the medical examination to be undergone prior to employment.
        (Labour Code, Art. 24)

        The mandatory retirement age may be extended beyond 60 years but without exceeding 70 years by collective agreement or individual written contract. In this case, a doctor certified by the Government shall issue a medical opinion assessing the physical capacity of the worker to honour her/his obligations.
        (Labour Code, Art. 66 and Art. 67)

        • Code du Travail. (Art. 24, Art. 66 and Art. 67)

    • 4.5 Surveillance of the working environment and working practices

      Summary / Citation: All employers must keep themselves informed of the hazards linked to the technical progress and organize safety accordingly through preventive measures. The employer is required to integrate safety into the processes of design of buildings, machines and products.

      • Code du Travail. (Art. 150)

    • 4.6 Duty to provide personal protective equipment

      No data available.

      Related CEACR Comments
      Safety Provisions (Building) Convention, 1937 (No. 62) Observation 2016

    • 4.7 Duty to ensure the usage of personal protective equipment

      No data available.
    • 4.8 Duty to provide first-aid and welfare facilities

      No data available.
      • 4.8.1 Arrangements for first-aid

        No data available.
      • 4.8.2 Sanitary installations

        Summary / Citation: Employers are required to comply with the provisions in force concerning the organization and functioning of health services.

        • Code du Travail. (Art. 146)

      • 4.8.3 Drinking water

        No data available.
      • 4.8.4 Rest and eating areas

        No data available.
  • 5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices

    • 5.1 Elements of an OSH management system

      Sometimes.
      • 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

        Summary/citation: Prevention of occupational accidents is a mandatory obligation for all company managers.
        (Labour Code, Art. 11)

        All firms and establishments employing at least 15 permanent workers have the obligation to establish internal rules of procedure.
        The rules of procedure shall contain provisions about hygiene and safety and shall be established upon consultation with the Council of the enterprise.
        An order from the Minister of Labour shall specify the implementing rules.
        (Labour Code, Art. 111)

        • Code du Travail. (Art. 11, Art. 111)

      • 5.1.2 Appointment of a person for health and safety

        No data available.
      • 5.1.3 Written risk assessment

        No data available.
      • 5.1.4 Safe operating work systems and procedures

        No data available.
      • 5.1.5 Training and information on risks

        Summary/citation: Safety trainings for workers shall be organized in all enterprises.
        (Labour Code, Art. 11)

        The employer is required to periodically organize practical training in safety and hygiene for newly hired staff and workers who change their position in the undertaking. This training shall include accident prevention.
        (Labour Code, Art. 150)

        • Code du Travail. (Art. 11 and Art. 150)

      • 5.1.6 Review or assessment of the results of preventive measures

        No data available.
      • 5.1.7 Consultation with workers in health and safety

        No data available.
    • 5.2 Obligation to implement a specific OSH management system or standard

      No data available.
  • 6 Employers’ duty to ensure availability of expertise and competence in health and safety

    • 6.1 OSH competence

      Summary/citation: Employers are required to comply with the provisions in force concerning the organization and functioning of health services.

      • Code du Travail. (Art. 146)

      • 6.1.1 Requirement to access expert advice and/or support in health and safety

        No data available.
        • 6.1.1.1 Qualifications of experts or professional services

          No data available.
    • 6.2 Appointment of an OSH practitioner

      No data available.
      • 6.2.1 Workforce size threshold for the appointment of OSH practitioners

        No data available.
  • 7 Workers' rights and duties

    • 7.1 Duty to take reasonable steps to protect their own safety and health

      Summary / Citation: Workers are under the obligation to comply with a strict discipline on hygiene and safety and shall comply with the measures established by the employer or his/her representative.

      • Code du Travail. (Art. 148)

    • 7.2 Duty to take reasonable steps to protect the safety and health of others

      Summary / Citation: Workers have to refrain from doing anything that could harm their own safety, that of their colleagues or third parties.
      Workers have also to comply with the rules of the establishment or places where they perform their job.
      (Labour Code, Art. 34)

      When a worker compromises the safety of the establishment, the working processes, the staff or a third party , this can be considered as a serious negligence to his/her contractual obligations and those provided by the company rules.
      (Labour Code, Art. 58§1)

      • Code du Travail. (Art. 34 and Art. 58§1)

    • 7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

      No data available.
    • 7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

      No data available.
    • 7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

      No data available.
    • 7.6 Duty to comply with OSH-related requirements

      No data available.
    • 7.7 Right to enquire about risks and preventive measures

      No data available.
    • 7.8 Right to remove themselves from a dangerous situation

      No data available.
    • 7.9 Right to be reassigned to non-hazard work

      Summary / Citation: When the worker returns from a sick leave or a maternity leave, the worker shall be reinstated to her/his job or to an equivalent post if the worker is found medically fit to work.

      If at the moment of reinstatement, the worker is not found medically fit to continue performing his/her previous work, the employer has to offer him/her another post compatible with his/her health condition.

      If there is not a possibility to open the post or if the worker refuses to accept the new post which has been offered to him/her, the dismissal procedure has to be followed.

      • Code du Travail. (Art. 143)

      • 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

        No data available.
  • 8 Consultation, collaboration and co-operation with workers and their representatives

    • 8.1 National OSH committee, commission, council or similar body

      No data available.
      • 8.1.1 Objectives, roles and/or functions

        No data available.
      • 8.1.2 Constitution and chairmanship modalities

        No data available.
    • 8.2 Employers’ duty to consult workers on risks

      No data available.
    • 8.3 Workers’ right to select their representatives for health and safety matters

      Summary / Citation: A health and safety committee has to be created in some enterprises following objective criteria defined by an order of the Minister in charge of labour. In other cases, the role of the committee is accomplished by the council of the enterprise.

      Remarks / comments: Workers representatives shall be part of this committee.

      • Code du Travail. (Art. 149)

      • 8.3.1 Workforce size conditions for workers’ representation in health and safety

        Summary / Citation: A health and safety committee has to be created in some enterprises following objective criteria defined by an order of the Minister in charge of labour. In other cases, the role of the committee is accomplished by the council of the enterprise.

        • Code du Travail. (Art. 149)

      • 8.3.2 Conditions of eligibility to represent workers in health and safety

        Summary / Citation: The election modalities for committee members and committee operation will be determined by an order of the Minister in charge of labour.
        (Labour Code, Art. 147)

        The members of the council of the enterprise are elected by secret ballot. They may be re-elected. Fixed and alternate members are elected.
        All workers constitute a unique electoral college and all of them are electors, except the ones who represent the employer and who receive a delegation of power from the later.
        Only workers with more than one year of experience are eligible.
        (Labour Code, Art. 255)

        • Code du Travail. (Art. 147 and Art. 255)

    • 8.4 OSH representatives’ functions, rights and powers

      No data available.
      • 8.4.1 Right to inspect the workplace

        No data available.
      • 8.4.2 Right to access OSH information

        No data available.
      • 8.4.3 Right to be present at interviews

        No data available.
      • 8.4.4 Right to receive professional assistance from OSH experts

        No data available.
      • 8.4.5 Right to accompany inspectors

        No data available.
      • 8.4.6 Right to use facilities

        No data available.
      • 8.4.7 Right to have time off work with pay to perform duties

        No data available.
      • 8.4.8 Right to issue remedial notices

        No data available.
      • 8.4.9 Right to resolve OSH issues in consultation with employers

        No data available.
      • 8.4.10 Right to direct that dangerous work cease

        No data available.
    • 8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace

      No data available.
      • 8.5.1 Right to enter the workplace

        No data available.
      • 8.5.2 Right to investigate suspected non-compliance with OSH legislation

        No data available.
      • 8.5.3 Right to consult with workers

        No data available.
      • 8.5.4 Right to advise workers

        No data available.
      • 8.5.5 Right to initiate enforcement action

        No data available.
    • 8.6 Joint OSH Committee

      • 8.6.1 Participation of workers’ representatives in joint OSH committee

        No data available.
      • 8.6.2 Conditions for establishing a joint OSH committee

        Summary / Citation: A health and safety committee has to be created in some enterprises following objective criteria defined by an order of the Minister in charge of labour. In other cases, the role of the committee is accomplished by the council of the enterprise.

        The enterprise’s council is compulsory in all establishments where 20 permanent workers or more are appointed. The initiative belongs to the employer. In case of abstention, the labour inspector may send him/her a formal notice.

        • Code du Travail. (Art. 149)

      • 8.6.3 Objectives, roles and/or functions of joint OSH committees

        Summary / Citation: The functions of the health and safety committee are:
        - to ensure compliance with rules and procedures relating to health and safety;
        - to identify any potential hazards relating to safety and health of workers;
        - to study all prevention measures which have to be taken;
        - to act in case of accident.
        (Labour Code, Art. 149)

        The enterprise’s council has to ensure a permanent contact between the employer and the staff by giving to the staff the opportunity to:
        - present any individual or collective requests concerning working conditions and protection of workers which were not satisfied;
        - communicate to the employer all useful suggestions to improve the safety and hygiene of workers.
        The committee have to meet at least once every three months.
        (Labour Code, Art. 259 and Art. 260)

        At the request of the majority of workers’ representatives in the enterprise’s council, the employer shall provide one hour per quarter for staff meetings. The date and the agenda of the meetings shall be agreed with the employer. The employer may participate or be represented at the meetings.
        (Labour Code, Art. 261)

        • Code du Travail. (Art. 147, Art. 259, Art. 260 and Art. 261)

      • 8.6.4 Keeping record of the work of joint OSH committees

        Summary / Citation: The employer has to draw-up a minute of each meeting of the enterprise’s council.
        The original one shall be kept by the employer in a special file readily accessible by the labour inspector.

        • Code du Travail. (Art. 263)

      • 8.6.5 Sharing the minutes of joint OSH committees meetings

        Summary / Citation: A copy of the minute has to be addressed to the Labour Inspectorate.

        • Code du Travail. (Art. 263)

    • 8.7 Mandatory training for members of joint OSH committee(s)

      No data available.
    • 8.8 Protection against reprisals

      Summary / Citation: All obstacles to a transparent election of the workers’ representatives within the enterprise’s council or all obstacles to the regular exercise to their functions including violations of disciplinary procedures are dealt with by criminal sanctions.
      (Labour Code, Art. 257)

      All dismissals of any workers’ representatives at the enterprise’s council or of any alternate member planed by the employer or by his/her representatives are subjected to the authorization of the labour inspector.
      The labour inspector organizes a conciliation session to verify if there is or not a professional fault or if the request to authorize the dismissal is linked to the mandate held by the current workers’ representative or the candidates standing for elections.
      If there is not professional fault or if there is a link between the request for dismissal and the mandate of the workers’ representative, the authorization is refused in case of non-conciliation.
      Otherwise, if there is a professional fault or if there is not a link between the request and the mandate, and in case conciliation was not reached, the labour inspector authorizes the dismissal.
      These rules are also applicable to candidates on the electoral lists until the representatives are elected.
      The procedure is not suspensive.
      The labour inspector decision has to be reasoned. It may be subject to a judicial review before the Labour Court.
      Any act occurred without respecting this procedure is invalid.
      (Labour Code, Art. 258)

      • Code du Travail. (Art. 257 and Art. 258)

    • 8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

      No data available.
  • 9 Specific hazards or risks

    • 9.1 Biological hazards

      No data available.
    • 9.2 Chemical hazards

      No data available.
      • 9.2.1 Handling, storage, labelling and use

        No data available.
      • 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users

        No data available.
      • 9.2.3 Pesticides

        No data available.
    • 9.3 Ergonomic hazards

      No data available.
    • 9.4 Physical hazards

      No data available.
      • 9.4.1 Ionising radiation

        No data available.
      • 9.4.2 Vibration and noise

        No data available.
      • 9.4.3 Working at height

        No data available.

        Related CEACR Comments
        Safety Provisions (Building) Convention, 1937 (No. 62) Observation 2016

      • 9.4.4 Working in confined spaces

        No data available.
      • 9.4.5 Risks arising from poor maintenance of workplace facilities

        No data available.
      • 9.4.6 Exposure to extreme temperatures

        No data available.
      • 9.4.7 Fire risks

        No data available.
      • 9.4.8 Tobacco

        No data available.
      • 9.4.9 Asbestos

        No data available.
      • 9.4.10 Risks related to nanotechnology

        No data available.
      • 9.4.11 Contraction of HIV in the workplace

        Summary / Citation: A compulsory blood test to detect an HIV infection is forbidden as a condition to access to a work or for the worker to be maintained in this work.
        (Art. 30, Act No. 1/018 of 12 May 2005 to establish Legal Protection for People Infected with HIV and AIDS)

        Every person infected with HIV or suffering with AIDS who is a candidate to a job enjoys the same rights as the ones recognized to healthy candidates and must not be deprived of the chance to get the job.
        In particular, a new recruitment shall not be determinated or be linked to an AIDS test result.
        (Art. 34, Act No. 1/018 of 12 May 2005 to establish Legal Protection for People Infected with HIV and AIDS)

        The worker infected with HIV or suffering from AIDS has to be maintained in his/her job with all corresponding benefits until the moment when the worker is recognized by a medical commission as physically or mentally incapable to the task he/she has to perform. This inability shall be established and governed by the Social Security Code.
        (Art. 35, Act No. 1/018 of 12 May 2005 to establish Legal Protection for People Infected with HIV and AIDS)

        Employers have to ensure an environment free of humiliation of persons infected with HIV or suffering from AIDS.
        (Art. 36, Act No. 1/018 of 12 May 2005 to establish Legal Protection for People Infected with HIV and AIDS)

        • Act No. 1/018 of 12 May 2005 to establish Legal Protection for People Infected with HIV and AIDS 20050512 (Art. 30, Art. 34, Art. 35 and Art. 36)

    • 9.5 Psychosocial hazards

      No data available.
      • 9.5.1 Psychosocial risks

        No data available.
      • 9.5.2 Occupational violence

        No data available.
    • 9.6 Other hazardous substances

      No data available.
    • 9.7 Machineries

      No data available.
      • 9.7.1 Risks related to machinery and tools

        No data available.
      • 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries

        No data available.
      • 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information

        No data available.
      • 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated

        No data available.
      • 9.7.5 Maintenance of machinery and equipment

        Summary / Citation: The visits, receptions, tests, inspections and examinations carried out by agencies provided by the laws or rules relating to safety and hygiene and the verification of electrical installations of enterprises or institutions that implement electrical currents shall be performed by persons or agencies approved by the Minister in charge of labour.

        • Code du Travail. (Art. 147)

        • 9.7.5.1 List of equipment where applicable

          No data available.
    • 9.8 Provisions to protect workers in specific condition of vulnerability

      Sometimes.
      • 9.8.1 Protection of pregnancy at work

        Summary / Citation: Every female worker whose state of pregnancy has been previously attested by a doctor may suspend her work without previous notice.

        At the time of the birth, every female worker is entitled to maternity leave, subject to a medical certificate indicating an approximate date of birth. Maternity leave cannot be considered as a cause for termination of the employment contract.

        The duration of the maternity leave shall be of 12 weeks, with the possibility of extension up to 14 weeks, of which at least 6 have to be taken after the birth.

        When the birth takes place after the presumed date, the pre-natal leave can be extended until the effective date of birth, without having the compulsory leave duration after the birth reduced.

        During the maternity leave, the employer cannot terminate the labour contract. The employer is also forbidden to terminate the contract before or after the referred leave arguing the birth or the pregnancy.

        • Code du Travail. (Art. 122)

      • 9.8.2 Protection of lactating women at work

        Summary / Citation: During the breastfeeding period, the worker is entitled to one hour breastfeeding break during 6 months. This period shall be paid as working time.
        (Labour Code, Art. 124)

        The pregnant worker cannot be held in a work that exceeds her physical capabilities and shall be transferred to another convenient work. If that is not possible, the labour contract shall be terminated, having the employer to pay an indemnity in lieu of notice, and where appropriate, severance pay.
        (Labour Code, Art. 125)

        • Code du Travail. (Art. 124 and Art. 125)

      • 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts

        No data available.
      • 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age

        Summary / Citation: Workers under the age of 16 are not allowed to work.
        (Labour Code, Art. 67)

        Nevertheless an order from the Minister in charge of labour may provide some exceptions to this principle according to the article 126 from the Labour Code and only if the worker is more than 12 years old.
        Children shall not be hired in an enterprise before the age of 16, except for light and healthy work or trainings only when this work is not harmful to their health or to their normal development, or detrimental to their attendance at school or their capacity to learn.
        (Labour Code, Art. 126)
        (Art. 5, Ordonnance ministérielle n°630/1 du 5 janvier 1981 - Règlementation du Travail des enfants)

        An order from the Minister of Labour after consultation with the National Labour Council shall lay down the nature of works and the type of business which are forbidden to children and young workers and the age-limits applicable.
        The Labour inspector may ask a doctor to examine some children or young workers to ensure that their work does not exceed their physical capabilities. Young workers have the right to request such an examination as well.
        The young worker shall not be maintained in a work recognized as a work which exceeds his/her physical capabilities and shall be transferred to another convenient work. If that is not possible, the labour contract shall be terminated, having the employer to pay an indemnity in lieu of notice, and where appropriate, severance pay.
        (Labour Code, Art. 127 and 128)

        Children under the age of 18 shall not be employed to work during the night in public or private establishments. According to the Ordinance, night work is performed between 7pm and 7am.
        (Labour Code, Art. 119)
        (Art. 9 and Art. 2, Ordonnance ministérielle n°630/1 du 5 janvier 1981 - Règlementation du Travail des enfants)

        The mandatory daily rest for children shall be at least 12 consecutive hours between shifts.
        (Labour Code, Art. 120)

        Exemption may be granted because of specific circumstances, and in particular these related to the job or the needs of trainings or professional education for young workers. These exemptions shall be provided by a ministerial order according to the article 127 of the Labour Code which concerns working conditions of young workers and children.
        (Labour Code, Art. 121)

        Restrictions / obligations: The ministerial ordinance n°630/1 lists all the maximum limits and all tasks forbidden for children under 18, including the immoral jobs.

        • Code du Travail. (Art 67, Art. 126, Art. 127, Art. 128, Art. 119, Art. 120 and Art. 121 )

        • Ordonnance ministérielle n°630/1 du 5 janvier 1981 - Règlementation du Travail des enfants (Art. 5, Art. 9, Art. 2)

        Related CEACR Comments
        Minimum Age Convention, 1973 (No. 138) Observation 2021
        Minimum Age Convention, 1973 (No. 138) Direct Request 2021

  • 10 Recording, notification and investigation of accidents/incidents and diseases

    • 10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases

      Yes.
    • 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health

      Summary / Citation: The employer has to declare any occupational accident or occupational disease to the social security agency and to the Labour Inspectorate in the time-limit of 4 working days, except in case of force majeure, exceptional circumstances or legitimate reason.
      The declaration has to be filed according to the modalities determined by the board of directors of the social security authority. In case the employer does not do it, the declaration shall be filed by the victim or his/her right-holders. In case the worker is not registered within the national social security authority, the latter shall require the employer to pay social insurance contributions and late payment indemnities.
      (Art. 40, Loi n° 1/011 du 29 novembre 2002, Réorganisation des régimes des pensions et des risques professionnels en faveur des travailleurs régis par le code du travail et assimilés)

      The employer has to declare any occupational accident or commuting accident in a time limit established by the social security authority.
      If the declaration is rejected by the social security agency because of the employer’s fault, negligence or lateness, the employer has to bear the cost of the occupational or commuting accident.
      (Social Security Code, Art. 50)

      • Loi n° 1/011 du 29 novembre 2002, Réorganisation des régimes des pensions et des risques professionnels en faveur des travailleurs régis par le code du travail et assimilés (Art. 40)

      • Loi n° 1/10 du 16 juin 1999 portant Code de la sécurité sociale. (Art. 50)

      Related CEACR Comments
      Labour Inspection Convention, 1947 (No. 81) Observation 2017
      Labour Inspection Convention, 1947 (No. 81) Direct Request 2005

  • 11 OSH inspection and enforcement of OSH legislation

    • 11.1 Appointment of OSH inspectors

      Summary / Citation: The Labour Inspectorate is comprised of a body of civil and sworn officers who are independent to inspect the workplaces and to ensure compliance with the applicable rules.

      • Code du Travail. (Art. 155)

    • 11.2 OSH inspectors’ powers

      Sometimes.
      • 11.2.1 Power to enter workplaces

        Summary / Citation: Labour inspectors carrying documents which justify their functions may enter freely and without warning in any enterprises or establishments at any time of service.
        They may enter a place that is, or that the inspector reasonably suspects is a workplace. They may inspect as often as it is necessary to ensure compliance with the applicable rules.

        • Code du Travail. (Art. 157)

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Observation 2017
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2005

      • 11.2.2 Power to inspect and carry out any examination, test or enquiry

        Summary / Citation: The Labour Inspectorate is in charge to ensure compliance with legal rules concerning working conditions and workers protection such as safety, hygiene, and women, children or young workers employment or well-being.
        (Labour Code, Art. 156)

        During their inspections, the labour inspectors shall inform the employer or his/her representative of her/his presence, except when the inspector estimates that this information could prejudice the efficiency of the inspection.
        (Labour Code, Art. 158)

        The right to enter workplaces includes the rights:
        - to interview either privately or in the presence of witnesses the employer, his/her representative or a worker;
        - to require information from any persons present at the workplace or being aware of the working conditions and whose testimony seems necessary.
        Nevertheless, if any of these persons require it, they can be interviewed by the inspector privately.
        The right to enter workplaces includes the power to request the employer or his/her representative to provide books, records and documents, and make any copies of those in order to verify their compliance with labour laws. Nevertheless, labour inspectors are not allowed to take away any of these documents.
        The inspectors can carry out any samples of used materials or substances to analyse them. The employer or his/her representative has to be informed of this examination and trade secrets shall be protected.
        The inspector may be assisted by an interpreter or by any expert if necessary to perform efficiently his/her mission. They may conduct all examinations, controls or investigations necessary to their mission according to the Labour Code articles and without prejudice to the effective operation of the business.
        (Labour Code, Art. 159)

        The labour inspector may be assisted in his/her mission by some technicians from the administration or governmental agencies and by persons or organisms accredited by an order of the Minister of Labour
        (Labour Code, Art. 161)

        • Code du Travail. (Art. 156, Art. 158, Art. 159 and Art. 161)

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Observation 2017
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2005

      • 11.2.3 Power to investigate

        No data available.
      • 11.2.4 Duty to provide advice on OSH

        Summary / Citation: The Labour Inspectorate may provide advices to employers and workers to encourage harmonious relations for the enforcement of working conditions provisions.

        • Code du Travail. (Art. 156)

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Observation 2017
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2005

    • 11.3 OSH inspectors’ enforcement powers

      Sometimes.
      • 11.3.1 Power to issue orders or notices

        Summary / Citation: Orders issued by the Minister of Labour after consultation with the National Labour Council shall lay down hygiene and safety conditions for workers in work places and the conditions in which the labour inspectors will have to use the formal notice procedure.
        (Labour Code, Art.146)

        To perform their mission, labour inspectors have the power to make relevant comments to the employer, his/her representative or workers. Labour inspectors may also send a formal notice to any of the latter in order to require them to comply with the applicable laws and to take note in a written statement which shall be deemed authentic until proved otherwise. In case the employer does not comply with the inspector’s indications, this will be considered as an infringement.
        The formal written notice shall be issued at the inspected place if possible. A copy of it has to be sent to the employer and another copy to the Director of the Labour Inspectorate.
        (Labour Code, Art. 160)

        • Code du Travail. (Art. 146 and Art. 160)

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Observation 2017
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2005

      • 11.3.2 Power to impose financial penalties

        Summary / Citation: The fine is proposed by the labour inspector.
        The labour inspector transmits the case to the Labour Court if the fine is contested.

        • Code du Travail. (Art. 299)

      • 11.3.3 Power to revoke or suspend licenses or authorisations

        No data available.

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Observation 2017
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2005

      • 11.3.4 Power to require the cessation of dangerous work

        Summary / Citation: The Labour inspectors may prescribe immediately enforceable measures in the event of an imminent danger for the health and the safety of workers.
        In case of emergency, the inspector may require the cessation of work. The employer or his/her representative can appeal before the Ministry of Labour without this action having a suspensive effect on the inspectors’ decision.

        • Code du Travail. (Art. 160)

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Observation 2017
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2005

      • 11.3.5 Power to initiate prosecutions

        Summary / Citation: The fine is proposed by the labour inspector.
        The labour inspector transmits the case to the Labour Court if the fine is contested.

        • Code du Travail. (Art. 299)

      • 11.3.6 Power to conduct prosecutions

        No data available.
      • 11.3.7 Other enforcement powers

        Summary / Citation: The right to enter workplaces includes the power to require mandatory posting of notices.

        • Code du Travail. (Art. 159)

    • 11.4 Application of sanctions by courts

      Sometimes.
      • 11.4.1 Financial penalties for legal persons

        Summary / Citation: Persons contravening article 156 of the Labour Code concerning the functions of the Labour Inspectorate are punished by a fine from 5.000 to 1.000 FBU (approximately from 3,24 to 6,4 USD) and in the event of a recurrent offense, from 10.000 to 20.000 FBU (approximately from 6,4 to 12,97 USD).
        (Labour Code, Art. 293)

        The infringement of article 146 of the Labour Code by which the employer is required to comply with the provisions in force regarding the hygiene and safety of workers, organization and operation of medical and health services of the company, and special working conditions for pregnant women and young people is punished by a fine from 5.000 to 10.000 FBU(approximately from 3,24 to 6,4 USD) and in the event of a recurrent offence from 10.000 to 20.000 FBU (approximately 6,4 USD to 12,97 USD).
        (Labour Code, Art. 294)

        This fine is incurred as many times as there are infringements, where the amount cannot exceed 10 times the minimum rates prescribed.
        (Labour Code, Art. 296)

        There is recidivism if in the period of 12 months before the offense is committed, the offender has been convicted for a similar offence.
        (Labour Code, Art. 297)

        Enterprises are civilly liable for payment of the fines imposed on their representatives or people they are responsible of.
        (Labour Code, Art. 298)

        Remarks / comments: These fines should be also applicable to legal persons even if it is not specified in the Labour Code.

        • Code du Travail. (Art. 293, Art.294, Art. 296, Art. 297 and Art. 298)

      • 11.4.2 Financial penalties for natural persons

        Summary / Citation: Persons contravening article 156 of the Labour Code concerning the functions of the Labour Inspectorate are punished by a fine from 5.000 to 1.000 FBU (approximately from 3,24 to 6,4 USD) and in the event of a recurrent offense, from 10.000 to 20.000 FBU (approximately from 6,4 to 12,97 USD).
        (Labour Code, Art. 293)

        The infringement of article 146 of the Labour Code by which the employer is required to comply with the provisions in force regarding the hygiene and safety of workers, organization and operation of medical and health services of the company, and special working conditions for pregnant women and young people is punished by a fine from 5.000 to 10.000 FBU(approximately from 3,24 to 6,4 USD) and in the event of a recurrent offence from 10.000 to 20.000 FBU (approximately 6,4 USD to 12,97 USD).
        (Labour Code, Art. 294)

        This fine is incurred as many times as there are infringements, where the amount cannot exceed 10 times the minimum rates prescribed.
        (Labour Code, Art. 296)

        There is recidivism if in the period of 12 months before the offense is committed, the offender has been convicted for a similar offence.
        (Labour Code, Art. 297)

        Enterprises are civilly liable for payment of the fines imposed on their representatives or people they are responsible of.
        (Labour Code, Art. 298)

        • Code du Travail. (Art. 293, Art. 294, Art. 296, Art. 297 and Art. 298)

      • 11.4.3 Non-financial sanctions

        Summary / Citation: Sanction might include the provisional closure of the enterprise if health of workers is endangered.

        • Code du Travail. (Art. 294)

      • 11.4.4 Criminal liability

        Summary / Citation: Any interference to the mission of the labour inspector constitutes a violation of the Criminal Code.
        (Labour Code, Art. 155)

        Without prejudice to the provisions of the Criminal Code, any infringement to this law is punishable by a fine from 10.000 to 100.000 FBU (approximately from 6,48 to 64,8 USD).
        (Art. 41, Act No. 1/018 of 12 May 2005 to establish Legal Protection for People Infected with HIV and AIDS)

        The person who caused death by a lack of caution or prudence, blunder, negligence, distraction or failure to comply with obligations provided by the law but with no intention to cause death or bodily harm, shall be found guilty of manslaughter.
        (Criminal Code, Art. 225)

        • Loi n° 1/05 du 22 avril 2009 portant révision du Code pénal. (Art. 225)

        • Act No. 1/018 of 12 May 2005 to establish Legal Protection for People Infected with HIV and AIDS 20050512 (Art. 41)

        • Code du Travail. (Art. 155)

      • 11.4.5 Terms of imprisonment for natural persons

        Summary / Citation: Any person who with no intention causes death is punished by a imprisonment which may be accompanied with labour obligations from 3 months to 2 years and by a fine from 50.000 to 500.000 Burundian francs (approximately 32,01 to 320,10 USD).
        (Criminal Code, Art. 226)

        If the result of the lack of caution only injuries and physically damages the worker without resulting in death, the offender is punished by imprisonment which may be accompanied with labour obligations from one month to one year and by a fine from 10.000 to 50.000 Burundian francs ( 6,42 to 32,01 USD) or by only one of this sentence.
        (Criminal Code, Art. 227)

        The person who, with no intention, caused a disease or a disability to work by administrating substances which cause death of affect seriously the health of the workers shall punished by the sentences provided by the article 226 of the Criminal Code.
        (Criminal Code, Art. 228)

        Restrictions / obligations: In all cases when the judge pronounce a sentence of imprisonment which may be accompanied with labour obligations less than or equal to two years, this punishment is substituted with a community-work measure whose duration does not exceed four hundred eighty hours.
        One month of imprisonment which may be accompanied with labour obligations shall be equivalent to twenty hours of community-work measure.
        The community-work measure and fine or imprisonment which may be accompanied with labour obligations shall not be sentenced cumulatively.
        (Art. 2, Loi n°1/20 du 8 septembre 2012 portant modification de certains articles de la loi n° 1/05 du 22 avril 2009 portant revision du Code Penal)

        Remarks / comments:

        • Loi n°1/ 20 du 8 septembre 2012 portant modification de certains articles de la loi n° 1/05 du 22 avril 2009 portant révision du Code pénal. (Art. 2)

        • Loi n° 1/05 du 22 avril 2009 portant révision du Code pénal. (Art. 226, Art. 227 and Art. 228)

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