Botswana - 2013

1.1 Description of OSH regulatory framework

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

• 2.2.1 Coverage of particular categories of workers

  Sometimes.
  

  • 2.2.1.1 Migrant workers

    Summary/citation: The definitions of "employ" and "employee" include migrant workers in the Employment and Factories Act of 1979.
    

    Restrictions / obligations: International migrants shall be in possession of a valid work permit.
    

    • Employment Act 1982 (Cap 47:01) (Act 29, 1982). (S 2)

    • Factories Act 1973. No. 31. (S 6)

  • 2.2.1.2 Domestic workers

    Summary/citation: The definitions of "employ" and "employee" include domestic workers in the Employment Act. The Act further defines "domestic employee" as meaning “any house, stable or garden servant, motor car driver or domestic attendant employed in or in connection with the domestic services of any private premises, including land devoted to cultivation or grazing other than for commercial purposes”.

    Restrictions / obligations: However, households do not fall under the definition of factory in the Factories Act of 1979, thereby excluding domestic workers from its protection.
    

    • Employment Act 1982 (Cap 47:01) (Act 29, 1982). (S 2)

    • Factories Act 1973. No. 31. (S 5)

  • 2.2.1.3 Home workers

    Remarks / comments: The definitions of "employ" and "employee" in the Employment Act would include home workers; home work could fall under the definition of “factory” in the Factories Act.

    • Employment Act 1982 (Cap 47:01) (Act 29, 1982). (S 2)

    • Factories Act 1973. No. 31. (S 5)

  • 2.2.1.4 Self-employed persons

    Summary/citation: The definitions of "employ" and "employee" exclude self-employed persons from the Employment and Factories Act of 1979.
    

    • Employment Act 1982 (Cap 47:01) (Act 29, 1982). (S 2)

    • Factories Act 1973. No. 31. (S 6)

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

  Summary/citation: Agriculture is not excluded from the scope of OSH legislation.

  • Factories Act 1973. No. 31.

• 2.4.2 Construction

  Summary/citation: Construction is not excluded from the scope of OSH legislation.

  • Factories Act 1973. No. 31.

• 2.4.3 Services

  Summary/citation: Services are not excluded from the scope of OSH legislation.

  • Factories Act 1973. No. 31.

• 2.4.4 Public sector

  Summary/citation: The public sector is not excluded from the scope of OSH legislation.

• 2.4.5 Other

  Summary/citation: "In the case of any public emergency the Minister may, by order, to the extent and during the period named in the order, exempt from this Act either factories generally or any class or description of factory."
  

  • Factories Act 1973. No. 31. (S 4)

  Related CEACR Comments
  • Safety and Health in Mines Convention, 1995 (No. 176) Observation 2017
  • Safety and Health in Mines Convention, 1995 (No. 176) Direct Request 2011
  

2.5 Definition of occupational accident

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  Yes.
  

  • Workmen's Compensation Act (Cap. 47:03) (Act 23, 1998). (Second Schedule)

• 2.6.2 Mechanism for compensating other diseases as occupational ones

  No data available.
  

3.1 Competent national authority for safety and health at work

• 3.1.1 Objectives, roles and/or functions

  Summary/citation: "OSH legislation states that ""the Minister may make regulations for the better carrying out of the objects and purposes of the legislation and for giving effect to its principles and provisions, and in particular, but without prejudice to the generality of the foregoing, such regulations may, in relation to all mines, quarries and works or any mine, quarry or works, make provision concerning (inter alia) the powers, duties and practices of owners, agents and managers.""
  "The Chief Government Mining Engineer and, subject to his directions, inspectors and any other subordinate officers appointed or deemed to have been appointed , shall exercise supervision over all prospecting, mining and quarrying operations, and works and machinery connected therewith."

  • Mines, Quarries, Works and Machinery Regulations 1978. No. 127.

• 3.1.2 Chairperson and composition

  No data available.
  

3.2 National OSH research programme or institute

• 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

• 3.3.1 Consultation on the national OSH programme

  No data available.
  

4.1 Duty to ensure the health and safety of employees

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

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

• 4.4.1 Specific hazards for which surveillance is required

  No data available.
  

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

• 4.8.1 Arrangements for first-aid

  Summary / Citation: "(1) There shall be provided and maintained, so as to be readily accessible, a first aid box or cupboard stocked to the prescribed standard.
  (2) Nothing except appliances or requisites for first aid shall be kept in a first aid box or cupboard.
  (3) Each first aid box shall be placed under the charge of a responsible person who shall always be readily available during working hours, and a notice shall be affixed in every workroom stating the name of the person in charge of the first aid box or cupboard provided in respect of that room."
  

  Remarks / comments: The Minister may make regulations for the better carrying into effect of the purposes and provisions of this Part and, without prejudice to the generality of the foregoing, such regulations may provide -
  •(a) for the feeding of employees in cases where food is to be supplied by an employer under or at the termination of any contract of employment and prescribe the description and scale of rations to be supplied;
  •(b) for all matters relating to the supply of water by employers to employees;
  •(c) for and prescribe the description and scale of medicines, medical attention, accommodation, equipment, staff and treatment to be provided by employers to employees;
  •(d) for all matters relating to the return of employees from the place of employment to the place of origin or the place of engagement, whichever is nearer to the place of employment; and
  •(e) for the disinfection, disinfectation and rat-proofing of buildings.
  

  • Employment Act 1982 (Cap 47:01) (Act 29, 1982). (S 133)

  • Factories Act 1973. No. 31. (S 49)

• 4.8.2 Sanitary installations

  Summary / Citation: "Sufficient and suitable sanitary conveniences for the persons employed in the factory shall be provided, maintained and kept clean, and effective provision shall be made for lighting the conveniences; and, where persons of both sexes are or are intended to be employed (except in cases where the only persons employed are members of the same family dwelling there), such conveniences shall afford proper separate accommodation for persons of each sex."
  "(1) Subject to the other provisions of this section, every employer shall -
  •(a) cause his employees to be housed in such manner as may be prescribed; and
  •(b) provide for his employees and members of their families living with them such sanitary arrangements both at the place of employment and the place where they are housed of such scale and description as may be prescribed."

  • Employment Act 1982 (Cap 47:01) (Act 29, 1982). (S 127, S 133)

  • Factories Act 1973. No. 31. (S 18)

• 4.8.3 Drinking water

  Summary / Citation: "(1) An adequate supply of potable drinking water shall be provided and maintained at suitable points conveniently accessible to all persons employed.
  (2) A supply of drinking water which is not laid on shall be contained in suitable vessels, and shall be renewed at least daily, and all practical steps shall be taken to preserve the water and vessels from contamination; and a drinking water supply (whether laid on or not) shall, in such cases as an inspector may direct, be clearly indicated by a notice in Setswana and English and in such other language as the inspector may direct."
  "(1) Every employer shall, at his own expense, provide for his employees and members of their families living with them resident on land which the employer is entitled to occupy or of which he makes use an adequate and easily accessible supply of wholesome water for drinking, washing and other domestic purposes to the satisfaction of the appropriate authority and shall take all such measures as are necessary and practicable and as the appropriate authority may, by notice in writing served on the employer, require to be taken to maintain the supply and protect it from pollution."

  Remarks / comments: The Minister may make regulations for the better carrying into effect of the purposes and provisions of this Part and, without prejudice to the generality of the foregoing, such regulations may provide -
  •(a) for the feeding of employees in cases where food is to be supplied by an employer under or at the termination of any contract of employment and prescribe the description and scale of rations to be supplied;
  •(b) for all matters relating to the supply of water by employers to employees;
  •(c) for and prescribe the description and scale of medicines, medical attention, accommodation, equipment, staff and treatment to be provided by employers to employees;
  •(d) for all matters relating to the return of employees from the place of employment to the place of origin or the place of engagement, whichever is nearer to the place of employment; and
  •(e) for the disinfection, disinfectation and rat-proofing of buildings.
  

  • Employment Act 1982 (Cap 47:01) (Act 29, 1982). (S 129, S 133)

  • Factories Act 1973. No. 31. (S 46)

• 4.8.4 Rest and eating areas

  No data available.
  

5.1 Elements of an OSH management system

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

  No data available.
  

• 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

  Summary/citation: Part IV to part VII of Factories Act contain several provisions on surveillance of the working environment and working practices.

  • Factories Act 1973. No. 31.

• 5.1.5 Training and information on risks

  No data available.
  

• 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

6.1 OSH competence

• 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

• 6.2.1 Workforce size threshold for the appointment of OSH practitioners

  No data available.
  

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

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

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

7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

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

  No data available.
  

8.1 National OSH committee, commission, council or similar body

• 8.1.1 Objectives, roles and/or functions

  Summary / Citation: The functions of the Mines, quarries and works safety committee are to advise the Minister on the supervision to be exercised over mines, quarries and works, or on any thing or practice which affects or is likely to affect the safety, health or welfare of persons employed in or at mines, quarries and works.

  "The functions of the National Agrochemicals Committee shall be to-
  (a) do all things as are necessary to control or regulate the importation, distribution, use and disposal of agrochemicals in terms of this Act;
  (b) ensure compliance with the provisions of this Act including to make recommendations to and advise the Registrar, in respect of a certificate or licence sought to be issued interms of this Act; and
  (c) review the registration and licensing of agrochemicals."

  Factories Advisory Board. "For the purpose of giving advice and assistance in regard to matters affecting safety, health and welfare in factories and such other places as are subject to the provisions of this Act, the Minister may, by order published in the Gazette, establish a Factories Advisory Board of such composition as he considers adequate and suitable."

  "Duty of Minister to consult the Labour Board.
  (1) The Minister shall, where it is reasonably practicable to do so, consult the Board before introducing any Bill relating to employment into the National Assembly or before making any subsidiary legislation relating to employment.
  (2) Without prejudice to the generality of subsection (1), the Minister shall consult the Board before introducing any Bill into the National Assembly or before making any subsidiary legislation, as the case may be, which -
  •(a) makes fresh provision for contracts of employment;
  •(b) amends this Act in any respect; or
  •(c) relates to the productivity of employees."
  

  • Agrochemicals Act (Chapter 35:09). (S 8)

  • Employment Act 1982 (Cap 47:01) (Act 29, 1982). (S 149)

  • Factories Act 1973. No. 31. (S 83)

  • Mines, Quarries, Works and Machinery Act 1973. No. 20. (S 5)

• 8.1.2 Constitution and chairmanship modalities

  Summary / Citation: The members of the Mines, quarries and works committee are the Chief Government Mining Engineer, who is the chairman; an inspector; one person nominated by an organization or organizations' representative of owners of mines, quarries and works; one person nominated by an organization or organizations' representative of daily-paid workers employed in or at mines, quarries and works; and one person nominated by an organization or organizations' representative of supervisory staff (other than daily-paid workers) employed in or at mines, quarries and works.

  The National Agrochemicals Committee shall be composed of twelve members consisting of the following or their representatives-
  (a) Director of Crop Production and Forestry who shall be the chairperson;
  (b) Director of Animal Health and Production;
  (c) Director of Agricultural Research;
  (d) Director of Wildlife and National Parks;
  (e) Director of Quality Assurance, Botswana Bureau of Standards;
  (f) Dean of Faculty of Agriculture, Botswana College of Agriculture;
  (g) Government Chemist, Ministry of Health;
  (h) Head of the Chemistry Department, University of Botswana;
  (i) Chief Chemist, Department of Water Affairs;
  (j) Representative of National Conservation Strategy (Coordinating) Agency;
  (k) Representative of the farming community; and
  (l) Representative of the agrochemicals industry.
  (3) The Registrar shall be the secretary of the Committee, entitled to attend and take part in the proceedings of every meeting of the Committee but shall have no vote.
  (4) Half of the members of the Committee shall hold office for a period of two years and the other half shall hold office for a period of three years as the Minister shall direct.
  (5) A member shall be eligible for re-appointment at the expiration of his or her term of office as may be determined in accordance with subregulation (4) .
  (6) The Minister may co-opt two other members who, in his or her opinion, have knowledge experience likely to contribute to the carrying out of the Committee's functions."
  Factories Advisory Board. "For the purpose of giving advice and assistance in regard to matters affecting safety, health and welfare in factories and such other places as are subject to the provisions of this Act, the Minister may, by order published in the Gazette, establish a Factories Advisory Board of such composition as he considers adequate and suitable."

  • Agrochemicals Act (Chapter 35:09). (S 6)

  • Factories Act 1973. No. 31. (S 83)

  • Mines, Quarries, Works and Machinery Act 1973. No. 20. (S 5)

8.2 Employers’ duty to consult workers on risks

8.3 Workers’ right to select their representatives for health and safety matters

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

  No data available.
  

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

  No data available.
  

8.4 OSH representatives’ functions, rights and powers

• 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

• 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

  No data available.
  

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

  No data available.
  

• 8.6.4 Keeping record of the work of joint OSH committees

  No data available.
  

• 8.6.5 Sharing the minutes of joint OSH committees meetings

  No data available.
  

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

8.8 Protection against reprisals

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

9.1 Biological hazards

9.2 Chemical hazards

• 9.2.1 Handling, storage, labelling and use

  Summary / Citation: "Vessels containing dangerous liquids.

  (1) Every fixed vessel, structure, sump or pit, of which the edge is level with or less than one metre above the adjoining ground or platform shall, if it contains any scalding, corrosive or poisonous liquid, either be securely covered or securely fenced to at least that height, or where by reason of the nature of the work neither secure covering nor secure fencing to that height is practicable, all practical steps shall be taken by covering, fencing or other means to prevent any person from falling into the vessel, structure, sump or pit.

  (2) As respects any such plant mentioned in subsection (1), a warning notice, indicating the nature of the danger, and in a form readily understood by the persons employed, shall be marked on or attached to the plant, or, if this is not reasonably practicable, be posted nearby."

  • Factories Act 1973. No. 31. (S 27)

• 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

  Summary / Citation: "Precautions to be taken in handling agrochemicals
  An employer shall, where a worker handles an agrochemical during the course of his or her
  employment, provide, to the worker, such facilities and clothing to ensure safe handling or use
  of the agrochemical"

  "Labelling of agrochemicalsCopyright Government of Botswana
  The Minister may, on the recommendation of the Committee, by notice in the Gazette, prescribe the requirements for labelling of containers of agrochemicals.

  "Promotion and advertising of agrochemicals
  Any publication of an agrochemical advertisement which is intended to promote the sale or use of the agrochemical shall contain-
  (a) such information as may be required to be on labels of containers under section 24;and
  (b) any other condition as may be prescribed."

  The law establishes a regulatory authority, Registrar and National Agrochemicals Committee (Part II) and requires a set of safety measures such as registration of agrochemicals (Part III) and lisensing of agrochemicals (Part IV).

  • Agrochemicals Act (Chapter 35:09). (SS 23, 24, 25)

9.3 Ergonomic hazards

9.4 Physical hazards

• 9.4.1 Ionising radiation

  Summary / Citation: Radiation Protection Regulations
  "Occupational Exposure Protection
  General responsibilities
  (1) Licensees and employers of workers who are engaged in activities that involve or could involve occupational exposure shall be responsible for the protection of these workers against any occupational exposure which is not excluded from these Regulations.
  (2) Licensees and employers shall ensure, for all workers engaged in activities that involve or could involve occupational exposure, that-
  (a) occupational exposures are limited as specified in the Fourth Schedule;
  (b) radiation safety is optimised in accordance with regulations 20 and 21;
  (c) policies, procedures and organisational arrangements for occupational protection and safety are established to implement the relevant requirements of these Regulations, and the resulting decisions on measures to be adopted for this purpose are recorded and made available to relevant parties, including workers, through their representatives where appropriate;
  (d) suitable and adequate facilities for radiation safety are provided, including personal protective devices and monitoring equipment, and arrangements are made for their proper use;
  (e) radiation safety and health surveillance services are provided through qualified experts;
  (f) arrangements are made to facilitate consultation and cooperation with workers, through their representatives where appropriate, about measures which are needed to achieve adequate radiation safety by an effective implementation of these Regulations; and
  (g) necessary conditions are provided and arrangements are made to promote a safety culture in the work force and achieve adequate training of workers on radiation safety matters.
  (3) If workers are to be engaged in work that involves or could involve a source which is not under the control of their employer, the licensee responsible for the source shall-
  (a) obtain from the employer, as a pre-condition for engagement of such workers, information on their previous occupational exposure history and other information as may be necessary to provide protection and safety in compliance with these Regulations;
  (b) provide such workers with protective measures and safety provisions which are at least as good as those provided for employees of the licensee; and
  (c) make dosimetry and other appropriate information available to the employer for the purpose of demonstrating that the level of protection provided to such workers is compatible with the requirements of these regulations.
  (4) Licensees and employers shall ensure that workers under their responsibility who are exposed to radiation from sources, other than natural sources, that are not directly related to or required by their work, receive the same level of protection as if they were members of the public.
  (5) Licensees and employers shall ensure that workers are informed of their obligations and responsibilities for their own protection and the protection of others against radiation and for the safety of sources. In particular, licensees and employers shall ensure that workers-
  (a) follow any applicable rules and procedures for protection and safety;
  (b) properly use the monitoring devices and the protective equipment and clothing provided;
  (c) abstain from any wilful action that could put themselves or others in situations that contravene the requirements of these Regulations; and
  (d) promptly report to the licensee and employer any circumstances that could adversely affect safety conditions or the requirements of these regulations.
  (6) Licensees and employers shall record any report received from a worker that identifies any circumstances that could affect safety conditions or compliance with the requirements of these Regulations, and shall take appropriate remedial actions.
  (Art. 29)

  Conditions of service
  (1) The conditions of service of workers shall be independent of the existence or the possibility of occupational exposure, and special compensatory arrangements or preferential treatment with respect to salary or special insurance coverage, working hours, length of vacation, additional holidays or retirement benefits shall neither be granted nor be used as substitutes for the provision of proper protection and safety measures to ensure compliance with the requirements of these Regulations.
  (2) Female workers shall be advised by the licensee or employer that it is desirable to notify the employer of pregnancy.
  (3) After a female worker has, in terms of subregulation (2), notified the employer that she is pregnant, the employer shall adapt the working conditions in respect of occupational exposure so as to ensure that the embryo or foetus is afforded the same broad level of protection which is required for members of the public, as provided for in the Second Schedule.
  (4) A notification of pregnancy in terms of subregulation (2) shall not be considered a reason to exclude a female worker from work.
  (5) Employers shall make every reasonable effort to provide workers with suitable alternative workplace or employment in circumstances where it has been determined, either by the Inspectorate or in the framework of the health surveillance programme required by these Regulations, that the worker, for health reasons, may no longer continue in employment involving occupational exposure.Copyright Government of Botswana
  (6) No person under the age of 16 years shall be subjected to occupational exposure.
  (7) No person under the age of 18 years shall be allowed to work in a controlled area unless such person is under supervision or training."
  (Art. 30)

  The Radiation Protection Regulations also provide for:
  - administrative requirements (Part II);
  - radiation protection performance requirements (Part III);
  - management requirement (Part IV);
  - requirements regarding the verification of protection and safety (Part V);
  - requirements regarding medical exposure protection (Part VIII);
  - requirements regarding public exposure protection (Part IX);
  - requirements for the safety of sources (Part X);
  - radioactive waste management requirements (Part XI);
  - transport requirements (Part XII);
  - requirements for emergency intervention (Part XIII);
  - requirements regarding the use of international safety guides (Part IV).

  
  Mines, Quarries, Works and Machinery Regulations
  "Protection against radioactive substances
  The manager shall ensure that where ionizing radiations are used or where radioactive substances are present he shall take adequate precautions necessary to protect any person from any danger or bodily harm."
  (Art. 107)
  

  • Radiation Protection Regulations (Chapter 24:03). (SS 29,30)

  • Mines, Quarries, Works and Machinery Regulations 1978. No. 127. (S 107)

• 9.4.2 Vibration and noise

  Summary / Citation: "Noise control
  The manager shall ensure control of noise exposure which is hazardous to hearing and apply effective measures for hearing conservation in the manner approved by the Engineer.
  (Art. 104)

  Hearing conservation equipment
  (1) The manager shall supply properly fitting hearing conservation equipment to every person who is subjected to noise levels which may be hazardous to hearing.
  (2) The manager shall maintain and replace any hearing conservation equipment supplied by him under this regulation as may be necessary in the course of ordinary wear and tear.
  (3) No person shall knowingly or wilfully subject himself to a noise level which may be hazardous to hearing without wearing hearing conservation equipment.
  (4) A person who wilfully damages or mislays any hearing conservation equipment supplied to him under this regulation shall pay the cost of repair or replacement, as the case may require.
  (5) Any hearing conservation equipment, whether supplied by the manager or replaced at the cost of an employee, remains the property of the mine, quarry or works.
  (Art. 105)

  Protection against vibration
  The manager shall ensure that no person shall be exposed to operations or processes producing vibration sufficient to contribute to bodily injury or damage or reduce the efficiency of the normal body functions.
  (Art. 106)

  Protection against radioactive substances
  The manager shall ensure that where ionizing radiations are used or where radioactive substances are present he shall take adequate precautions necessary to protect any person from any danger or bodily harm.
  (Art. 107)"

  • Mines, Quarries, Works and Machinery Regulations 1978. No. 127. (SS 104-107)

• 9.4.3 Working at height

  Summary / Citation: "Every side of any working platform or working place being a side from which a person is liable to fall a distance of more than 2,0 m shall be provided with—
  (a) two rails of adequate strength, firstly, a handrail at a height of not less than 1,0 m and not more than 1,1 m above such platform or place, and, secondly, a knee rail placed at the mid-point between the top rail and the walkway; and
  (b) toe-boards up to a sufficient height, being in no case less than 150 mm, so placed as to prevent so far as possible the fall of any person, material or tool from such platform or place."1§
  (Art. 260(2))

  "Any gangway, staircase, working place or exit from any building from which a person is liable to fall a distance of more than 2,0 m shall be provided with a suitable guard-rail of adequate strength and to a height of not less than 1,0 m and not more than 1,1 m above such gangway, staircase, working place or exit."
  (Art. 265)
  

  • Mines, Quarries, Works and Machinery Regulations 1978. No. 127. (Part XVIII (Excavations, buildings, construction and demolition))

• 9.4.4 Working in confined spaces

  Summary / Citation: "No welding or cutting operation shall be undertaken in a confined space unless—
  (a) continuous forced ventilation is provided and maintained; or
  (b) fresh-air masks are provided and used by the operator."
  (Art. 478)

  "No welding or cutting operation shall be undertaken in wet or damp situations in closely confined spaces, inside metal vessels or in general in contact with masses of metal, unless—
  (a) the insulation of the leads is in sound condition;
  (b) the electrode holder is completely insulated to prevent accidental contact with current carrying parts;
  (c) the operator is completely insulated by means of suitable boots, gloves or rubber mats;and
  (d) at least one other person, during the operations, is, and remains in, attendance."
  (Art. 479)

  • Mines, Quarries, Works and Machinery Regulations 1978. No. 127. (SS 478, 479)

• 9.4.5 Risks arising from poor maintenance of workplace facilities

  Summary / Citation: Cleanliness
  Every factory shall be kept in a clean state, and free from effluvia arising from any drain, sanitary convenience or nuisance, and without prejudice to the generality of the foregoing-
  (a) accumulations of dirt, refuse and waste materials shall be removed daily by a suitable method from the floors and benches of workrooms and from the staircases and passages;
  (b) the floor of every workrooms shall be cleaned at least twice in every week by washing or, if it is effective and suitable, by sweeping or any other method;
  (c) all inside walls or partitions and all ceilings or tops of rooms, and all walls, sides and tops of passages and staircases shall-
  (i) where they have a smooth impervious surface, at least once in every period of twelve months be washed with hot water and soap or cleaned by some other suitable method;
  (ii) where they are kept painted with oil paint or varnished, be repainted or revarnished at least once in every period of three years, and at least once in every period of twelve months be washed with hot water and soap or cleaned by some other suitable method;
  (iii) in other cases be kept whitewashed or colourwashed and the whitewashing or colourwashing shall be repeated at least once in every period of twelve months:
  Provided that where it appears to the Minister that in any class or description of factory or part thereof any of the foregoing provisions of this section are not required for the purpose of keeping the factory in a clean state, or are by reason of special circumstances inappropriate or inadequate for such purpose, he may, if he thinks fit, by order published in the Gazette, direct that those provisions shall not apply to factories, or parts of factories, of that class or description, or shall apply as varied by the order.

  • Factories Act 1973. No. 31. (Art. 13)

• 9.4.6 Exposure to extreme temperatures

  Summary / Citation: "Conveyors shall be so constructed, operated, maintained and supervised as to avoid friction or defect liable to cause dangerous heating."

  • Mines, Quarries, Works and Machinery Regulations 1978. No. 127. (S 341)

• 9.4.7 Fire risks

  Summary / Citation: Mines, Quarries, Works and Machinery Regulations 1978. No. 127. (Part XIII)

  "Manager to ensure adequate precautions
  The manager shall ensure that adequate precautions are taken to prevent the outbreak of fire and shall enforce a code of safety practice for the installation, operation and maintenance of plant, machinery and equipment so as to avoid dangerous heating and other fire hazards.
  (Art. 149)

  Provision of fire-fighting equipment
  The manager shall ensure that adequate fire-fighting equipment is available on the surface and underground.
  (Art. 150)

  Inspection and maintenance of fire-fighting equipment
  (1) The manager shall ensure that all fire-fighting equipment provided in accordance with regulation 150 is inspected and properly maintained in a satisfactory condition at intervals not exceeding 90 days by a competent person appointed in writing who shall arrange for the regular discharge and refilling of each fire extinguisher or for any other suitable means necessary to maintain fire extinguishers in good working order.
  (2) The person appointed under subregulation (1) shall record in a register provided for the purpose the date and results of all inspections and maintenance work carried out.
  (3) On each fire extinguisher shall be clearly stated the date of the last inspection.
  (Art. 151)

  Fire-fighting equipment
  (1) Suitable fire-fighting equipment shall be provided and maintained in or about every headframe, portal and plant building and at every shaft or winze station underground.
  (2) Suitable fire-fighting equipment shall be provided and maintained at all underground crushers, pump stations, workshops, stores, fuel stations, underground electrical installations or where oxy-acetylene or electric welding or cutting is taking place.
  (Art. 152)

  Arrangements for fighting fires
  The manager shall ensure that adequate arrangements are made to establish and maintain a proper organization of persons for fighting any outbreak of fire and such arrangements shall include regular fire drills which shall be held at intervals not exceeding one month.
  (Art. 153)

  Fire hazard areas
  (1) If in the opinion of the Engineer a fire hazard may be created in any particular area he may designate such area to be a "fire hazard area".
  (2) No person shall smoke or be allowed to smoke, use open-flame lamps, matches or other means of producing heat or fire in a fire hazard area, except with the permission in writing of the Engineer.
  (3) A fire hazard area shall be properly identified by means of suitable warning signs, and the manager shall ensure that such signs are installed and maintained as long as the area is so designated.
  (4) When an inflammable gas in dangerous concentrations has been found to exist in a mine working such working or parts of such working concerned shall immediately be considered a fire hazard area, and every precaution shall be taken while clearing the area or doing any work therein to prevent ignition of the gas and these precautions shall be continued so long as the hazard exists.
  (Art. 154)

  Detection of fires
  At every mine or part of a mine not exempted in writing by the Engineer where there is a longer interval between shifts than six hours, the manager shall provide for the early detection of any fire or spontaneous heating which may be taking place in the underground working.
  (Art. 155)

  Withdrawal of persons
  (1) In the case of a fire occurring in any coal mine or of a fire due to or resulting in the ignition of inflammable gas in any mine all persons, except those dealing with the fire or in services in connection therewith, shall be withdrawn from the whole of the underground workings affected and shall only be allowed to return when safe conditions have been restored.
  (2) Whenever in any mine other than a coal mine fire occurs in the underground workings which cannot be brought under immediate control, the mine captain or shift bosses shall withdraw all persons from the ventilating districts or districts affected by the fire unless the manager directs to the contrary.
  (3) The manager shall not permit or direct any person to remain in or proceed to a ventilating district where there is a fire which cannot be brought under immediate control unless he has satisfied himself that the safety of such person will not be endangered thereby:
  Provided that this prohibition shall not apply to any person required to bring the fire under control, to conduct investigations or to do work incidental thereto.
  (Art. 156)

  Auxiliary exits for plant buildings
  All plant buildings where persons are regularly employed, except those used for explosives and blasting agents, shall be provided with suitable and adequate auxiliary exits in addition to main entrances; and such exits shall always be maintained and available for use in case of fire.
  (Art. 157)

  Fire doors
  (1) Where practicable there shall be a sufficient number of fire doors installed underground in every mine to cut off the shaft or the mine openings directly associated with it from the other workings of the mine.
  (2) Fire doors shall be maintained in proper order and kept clear of all obstructions so as to be readily available at all times.
  (Art. 158)

  Transfer of liquid fuels
  (1) The fuel tanks of an internal combustion engine installed in a building shall be so arranged that the actual transfer of fuel to the fuel tanks takes place at a point outside the building and the fuel is conducted to the tank in a tightly-joined pipe or conduit.
  (2) Similar provisions for the escape of displaced air from the fuel tank shall be made whereby the displaced air will be conducted to a safe point outside the building before being discharged into the atmosphere.
  (Art. 159)

  Storage of liquid fuels
  (1) Except for the actual fuel tanks of operating equipment, no storage of petrol or liquid fuel shall be permitted within 30 m of the collar of a shaft or other entrance of a mine.
  (2) The natural drainage from such a location shall be such that the flow is in a direction opposite to the location of any such shaft or mine entrance.
  (Art. 160)

  Oils and grease underground
  (1) Oil, grease or diesel fuel oil while underground shall be contained in suitable metal receptacles.
  (2) The amount of oil or grease kept underground shall not exceed the requirements for seven days' work.
  (3) The amount of diesel fuel oil kept underground shall not exceed the requirements for three days' work and shall be transported underground only in approved types of containers.
  (Art. 161)

  Fire prevention
  At any mine, quarry or works—
  (a) no person shall place, throw or leave, or cause or permit to be placed, thrown or left, any naked light or flame or any burning lighting torch, match, cigarette, tobacco, paper or other burning material on or near combustible material or inflammable substances where this may cause danger from fire or explosion;
  (b) no waste material of a combustible nature shall be stored anywhere in quantity sufficient to create a fire hazard;
  (c) no inflammable or explosive material shall be stored or kept in the immediate vicinity of a place where any electric cable, transformer, switchgear or other electrical or heating apparatus is installed;
  (d) no welding, flame-cutting or flame-heating shall take place unless adequate means are immediately available for extinguishing any fire which may result from such operation;
  (e) on completion of any welding, flame-cutting or flame-heating an examination shall be carried out by a competent person to ensure that no fire will result from such operation;
  (f) no person shall smoke or carry an open light in any cage, skip or other conveyance in any shaft or winze or in any elevator car in a hatchway.
  (Art. 162)

  • Mines, Quarries, Works and Machinery Regulations 1978. No. 127. (Part XIII)

  • Factories Act 1973. No. 31. (S 42)

• 9.4.8 Tobacco

  Summary / Citation: "No person shall smoke in any enclosed, indoor designated non-smoking area of any private or public workplace, or in a public place".

  • Control of Smoking (Amendment) Act, 2004 - Act No. 28 of 2004. (S 4(1))

• 9.4.9 Asbestos

  Summary / Citation: "Adequate ventilation shall be provided in any surface plant or building or any part thereof in which any person may travel or work and where any dust containing coal, asbestos, siliceous matter or other harmful dust is released, or is liable to be released, or where any toxic gas or fumes is evolved or is liable to be evolved."

  • Mines, Quarries, Works and Machinery Regulations 1978. No. 127. (S 140)

• 9.4.10 Risks related to nanotechnology

  No data available.
  

• 9.4.11 Contraction of HIV in the workplace

  Yes.
  

  • Code of Good Practice: HIV/AIDS and Employment.

  • Botswana National Policy on HIV/AIDS

9.5 Psychosocial hazards

• 9.5.1 Psychosocial risks

  No data available.
  

• 9.5.2 Occupational violence

  No data available.
  

9.6 Other hazardous substances

9.7 Machineries

• 9.7.1 Risks related to machinery and tools

  Summary / Citation: The Factories Act provide for the following provisions on machinery:
  21. Prime movers
  22. Transmission machinery
  23. Other machinery
  24. Provisions as to unfenced machinery
  25. Construction and maintenance of fencing
  26. Construction and disposal of new machinery
  27. Vessels containing dangerous liquids
  28. Self-acting machines
  29. Training and supervision of inexperienced workers
  30. Hoists and lifts
  31. Chains, ropes and lifting tackle
  32. Cranes and other lifting machines
  33. Register of chains, ropes and lifting tackle and lifting machines
  (...)
  37. Steam boilers
  38. Steam receivers and steam containers
  39. Air receivers
  40. Exemption as to steam boilers, steam receivers, steam containers and air receivers

  • Factories Act 1973. No. 31. (Part V)

• 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries

  Summary / Citation: No new steam receiver shall be taken into use unless there has been obtained from the manufacturer of the receiver, or from an authorized boiler inspector, a certificate specifying the safe working pressure of the receiver and stating the nature of the tests to which the receiver and fittings have been submitted, and the certificate is kept available for inspection, and the receiver is so marked as to enable it to be identified as the receiver to which the certificate relates.
  

  • Factories Act 1973. No. 31. (Art. 38(6))

• 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

  No data available.
  

  • 9.7.5.1 List of equipment where applicable

    No data available.
    

9.8 Provisions to protect workers in specific condition of vulnerability

• 9.8.1 Protection of pregnancy at work

  Summary / Citation: There are different provisions concerning the right to maternity leave, the payment of maternity allowance, the right to maternity allowance unaffected by notice of termination of contract of employment and prohibition of serving notice of termination of contract of employment during maternity leave.

  • Employment Act 1982 (Cap 47:01) (Act 29, 1982). (S 122- S127)

• 9.8.2 Protection of lactating women at work

  Summary / Citation: Female employee to be permitted to nurse child.
  Where a female employee wishes to suckle her child or otherwise feed him herself, the employer shall permit her to do so for half-an-hour twice a day during the hours of work for 6 months immediately after her return to work, pursuant to the provisions of this Part, following her confinement and shall pay her her basic pay in respect of each such period as if it were ordinary working time.
  

  • Employment Act 1982 (Cap 47:01) (Act 29, 1982). (S 123 )

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

  Remarks / comments: Provisions concerning the prohibition of female workers in employment underground in mine and restrictions on night work have been deleted.
  Every female employee shall be entitled to the benefits conferred by this Part.

  • Employment Act 1982 (Cap 47:01) (Act 29, 1982). (S 114, S 115, S 116)

• 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age

  Summary / Citation: No child shall be required or permitted, in the course of his employment, to lift, carry or move anything so heavy as to be likely to endanger his physical development.
  There are other provisions concerning prohibition of children and young persons to work at night, in underground work and on rest days and paid public holidays. There are also restrictions on employment of children and young persons in industrial undertakings and in work which are harmful to their health and development, dangerous or immoral.

  Remarks / comments: There are however some exceptions:
  (2) A child who has attained the age of 14 years and is not attending school may be employed on light work not harmful to his health and development -
  (a) by a member of the family of such child; or
  (b) if such work is of a character approved by the Commissioner; but so that, where the employment is other than of a domestic character in connection with which suitable accommodation is provided, the child shall be readily able to return each night to the house of his parent or guardian or such other person as may be approved by his parent or guardian:
  Provided that no child shall be required or permitted to work more than 6 hours a day or 30 hours a week.
  (3) A child who has attained the age of 14 years and is still attending school may, whilst on vacation from school, be employed on light work not harmful to his health and development of a character approved by the Commissioner for not more than 5 hours a day between 6 a.m. and 4 p.m.

  • Employment Act 1982 (Cap 47:01) (Act 29, 1982). (S 105-S111)

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

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

• 10.1.1 Work-related accidents

  Summary / Citation: Written notice of a dangerous occurrence in the prescribed form and the prescribed particulars are required where any one of the classes of dangerous occurrences specified in the Fifth Schedule occurs in a factory or other place or process or operation.
  

  • Factories Act 1973. No. 31. (S 57)

• 10.1.2 Near miss incidents

  Summary / Citation: Written notice of a dangerous occurrence in the prescribed form and the prescribed particulars are required where any one of the classes of dangerous occurrences specified in the Fifth Schedule occurs in a factory or other place or process or operation.
  

  • Factories Act 1973. No. 31. (S 57)

• 10.1.3 Occupational diseases

  Summary / Citation: The occupier of any factory who believes, or suspects or has reasonable ground for believing or suspecting, that any case of industrial disease, being one of those specified in the Sixth Schedule, has occurred in the factory, is required to write a notice of such case in the prescribed form
  

  • Factories Act 1973. No. 31. (S 58)

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

11.1 Appointment of OSH inspectors

11.2 OSH inspectors’ powers

• 11.2.1 Power to enter workplaces

  Summary / Citation: “An inspector shall, for the purposes of this Act, have power to do any or all of the following things, that is to say (a) to enter, inspect and examine, by day or by night, a factory, and every part thereof when he has reasonable cause to believe that any person is employed therein, and to enter, inspect and examine by day, any place which he has reasonable cause to believe to be a factory and any part of any building of which a factory forms a part and in which he has reasonable cause to believe that explosive or highly inflammable materials are stored or used (…)”

  The Agrochemicals Act indicates that "an inspector may, for purposes of this Act, at all reasonable
  times enter any premises in or upon which there is, or is suspected to be, any agrochemical or its residue, and there may-
  (a) inspect and take samples of any agrochemical or any substance used or likely to be or capable of being used in the manufacture, production, processing or treatment of an agrochemical;
  (b) inspect any process or other operation being carried on in such premises, in respect of such agrochemical, or in connection with the manufacture, production, processing or treatment of the agrochemical (...)"

  According to the Employment Act, the Commissioner or any labour officer may at any reasonable time - ◦(i) enter, inspect and examine any land, building, camp, vehicle, place, structure or article whatsoever where or about which any employee is housed or employed or there is reason to believe any employee is housed or employed;
  ◦(ii) enter, inspect and examine any hospital or dispensary or any latrines or other sanitary arrangements used or intended to be used by employees in any place or building or any water supply available for the use of employees and enquire and ascertain whether in any hospital, dispensary or place of employment suitable medicines and remedies are provided for employees.

  • Agrochemicals Act (Chapter 35:09). (S 9)

  • Employment Act 1982 (Cap 47:01) (Act 29, 1982).

  • Factories Act 1973. No. 31. (S 69)

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

  Summary / Citation: “An inspector shall, for the purposes of this Act, have power to do any or all of the following things, that is to say (a) to enter, inspect and examine, by day or by night, a factory, and every part thereof when he has reasonable cause to believe that any person is employed therein, and to enter, inspect and examine by day, any place which he has reasonable cause to believe to be a factory and any part of any building of which a factory forms a part and in which he has reasonable cause to believe that explosive or highly inflammable materials are stored or used (…)”

  The Agrochemicals Act indicates that "an inspector may, for purposes of this Act, at all reasonable
  times enter any premises in or upon which there is, or is suspected to be, any agrochemical or its residue, and there may-
  - require from any person the production of a certificate, record, report, licence, label or other document which is in the possession, custody or under the control of such person, or of any other person on such person's behalf, which the inspector, on reasonable grounds, believes to be relevant to any inspection he or she may be carrying out;
  - examine and copy any part of any certificate, record, report, licence, label or any other document produced in accordance with the previous paragraph and require any person to give an explanation of any entry therein and may take possession of any such certificate, record, report, licence, label or any other document;
  - examine any container, facility or equipment used for agrochemicals and any such container, facility or equipment found in the premises;
  - stop and search a motor vehicle used for the transport of agrochemicals (...)"

  The Employment Act provides that the Commissioner or any labour officer may at any reasonable time - ◦(i) enter, inspect and examine any land, building, camp, vehicle, place, structure or article whatsoever where or about which any employee is housed or employed or there is reason to believe any employee is housed or employed;
  ◦(ii) enter, inspect and examine any hospital or dispensary or any latrines or other sanitary arrangements used or intended to be used by employees in any place or building or any water supply available for the use of employees and enquire and ascertain whether in any hospital, dispensary or place of employment suitable medicines and remedies are provided for employees;
  ◦(iii) inspect and examine kitchens and places in which food provided for employees is stored, prepared or eaten and inspect and examine all such food;
  ◦(iv) take and remove for the purposes of analysis samples of any material or substances available or provided for the use of or handled by employees; so, however, that any sample taken under this subparagraph shall be taken in duplicate in the presence of the employer or a person acting on his behalf and shall be labelled and sealed in the presence of the employer or that person and one sample so labelled and sealed shall be left with him;
  ◦(v) require any employer forthwith to produce any employee employed by him or any documents or records relating to such an employee; and
  ◦(vi) question, either alone or in the presence of witnesses, as he thinks fit, any employer or employee or any other person whose evidence he has reasonable cause to consider necessary regarding matters connected with carrying out any of the provisions of this Act..."

  • Agrochemicals Act (Chapter 35:09). (S 9)

  • Employment Act 1982 (Cap 47:01) (Act 29, 1982). (S 11)

  • Factories Act 1973. No. 31. (S 69)

• 11.2.3 Power to investigate

  Summary / Citation: “An inspector shall, for the purposes of this Act, have power to do any or all of the following things, that is to say (a) to enter, inspect and examine, by day or by night, a factory, and every part thereof when he has reasonable cause to believe that any person is employed therein, and to enter, inspect and examine by day, any place which he has reasonable cause to believe to be a factory and any part of any building of which a factory forms a part and in which he has reasonable cause to believe that explosive or highly inflammable materials are stored or used (…)”

  The Agrochemicals Act also indicates that " an inspector may, for purposes of this Act, at all reasonable times enter any premises in or upon which there is, or is suspected to be, any agrochemical or its residue, and there may question any person whom he or she finds in or on the premises with regard to any matter to which he or she is investigating."

  The Employment Act provides that the Commissioner or any labour officer may at any reasonable time - ◦(i) enter, inspect and examine any land, building, camp, vehicle, place, structure or article whatsoever where or about which any employee is housed or employed or there is reason to believe any employee is housed or employed;
  ◦(ii) enter, inspect and examine any hospital or dispensary or any latrines or other sanitary arrangements used or intended to be used by employees in any place or building or any water supply available for the use of employees and enquire and ascertain whether in any hospital, dispensary or place of employment suitable medicines and remedies are provided for employees;
  ◦(iii) inspect and examine kitchens and places in which food provided for employees is stored, prepared or eaten and inspect and examine all such food;
  ◦(iv) take and remove for the purposes of analysis samples of any material or substances available or provided for the use of or handled by employees; so, however, that any sample taken under this subparagraph shall be taken in duplicate in the presence of the employer or a person acting on his behalf and shall be labelled and sealed in the presence of the employer or that person and one sample so labelled and sealed shall be left with him;
  ◦(v) require any employer forthwith to produce any employee employed by him or any documents or records relating to such an employee; and
  ◦(vi) question, either alone or in the presence of witnesses, as he thinks fit, any employer or employee or any other person whose evidence he has reasonable cause to consider necessary regarding matters connected with carrying out any of the provisions of this Act..."

  • Agrochemicals Act (Chapter 35:09). (S 9)

  • Employment Act 1982 (Cap 47:01) (Act 29, 1982). (S 11)

  • Factories Act 1973. No. 31. (S 69)

• 11.2.4 Duty to provide advice on OSH

  Summary / Citation: (5) It shall be the duty of the Commissioner and of every labour officer, when and as often as he considers it necessary or expedient to do so, to furnish technical information and advice to any employer or employee regarding the most effective means of complying with this Act.
  In addition, "on the occasion of any such visit of inspection, the Commissioner or labour officer, as the case may be,
  B) shall not offer any advice directed towards securing compliance with the provisions of this Act if in any case he considers it necessary himself first to obtain relevant professional advice from the appropriate Government department."
  

  • Employment Act 1982 (Cap 47:01) (Act 29, 1982). (S 11)

11.3 OSH inspectors’ enforcement powers

• 11.3.1 Power to issue orders or notices

  Summary / Citation: the Commissioner or any labour officer may - ◦(i) by notice in writing served on an employer, require the employer to meet him, at such reasonable time and at such reasonably situated public office as shall be specified in the notice, in order to discuss any matter for which provision is made by this Act, which matter shall also be specified in the notice..."
  (3) The Commissioner or any labour officer may -
  •(a) require all rooms, stores, places and premises in any camp or building used by or on behalf of any employer or recruiter to be kept clean and in a sanitary condition;
  •(b) require the employer or recruiter, as the case may be, at the earliest reasonable opportunity and at the employer's or recruiter's expense, to return to the place of his recruitment or send to hospital any person who, in the opinion of the Commissioner or labour officer, as the case may be, or of a medical officer, is ill and for whom the conditions prevailing at any place of employment or engagement are not conducive to the recovery of his health and strength;
  •(c) require the employer or recruiter, as the case may be, at the earliest reasonable opportunity and at the employer's or recruiter's expense, to return to the place of his recruitment, following the recovery of his health and strength, any person sent to hospital by the employer or recruiter in compliance with a requirement made by the Commissioner or a labour officer under paragraph (b); and
  •(d) if, in the opinion of the Commissioner or labour officer, as the case may be, any land, building, camp, vehicle, place, structure or article whatsoever where or about which any employee is employed or which is provided for occupation or use by any employee or other person is insanitary or in such a condition as to be dangerous to health or unfit for occupation or use by the employee or other person, in writing direct the person for the time being responsible for the management of the same to discontinue such occupation or use from a date to be specified in the direction until such requirements of repair or reconstruction or otherwise specified in the direction have been fulfilled and until the same has been certified by the Commissioner or a labour officer to be fit for further occupation or use.

  (4) The Commissioner may prohibit the engagement of further employees to be employed at any place of employment where he is satisfied that the conditions therein do not comply with this Act or the regulations concerning the care and welfare of employees."

  • Employment Act 1982 (Cap 47:01) (Act 29, 1982). (S 11)

• 11.3.2 Power to impose financial penalties

  No data available.
  

• 11.3.3 Power to revoke or suspend licenses or authorisations

  No data available.
  

• 11.3.4 Power to require the cessation of dangerous work

  Summary / Citation: The Commissioner or any labour officer may -
  •(d) if, in the opinion of the Commissioner or labour officer, as the case may be, any land, building, camp, vehicle, place, structure or article whatsoever where or about which any employee is employed or which is provided for occupation or use by any employee or other person is insanitary or in such a condition as to be dangerous to health or unfit for occupation or use by the employee or other person, in writing direct the person for the time being responsible for the management of the same to discontinue such occupation or use from a date to be specified in the direction until such requirements of repair or reconstruction or otherwise specified in the direction have been fulfilled and until the same has been certified by the Commissioner or a labour officer to be fit for further occupation or use.
  

  • Employment Act 1982 (Cap 47:01) (Act 29, 1982). (S 11 (d))

• 11.3.5 Power to initiate prosecutions

  Summary / Citation: It shall be the duty of every labour officer to bring to the notice of the Commissioner any abuses which do not appear to him to be covered by this Act and any other defects or omissions therein.

  • Employment Act 1982 (Cap 47:01) (Act 29, 1982). (S 11)

• 11.3.6 Power to conduct prosecutions

  No data available.
  

• 11.3.7 Other enforcement powers

  Summary / Citation: "Where the Commissioner or any labour officer gives any direction under subsection (3) (d) or the Commissioner makes any prohibition under subsection (4), the person to whom the direction or prohibition is addressed may, if he is of the opinion that the terms of the direction or prohibition are harsh or unreasonable or that the requirements of the direction cannot be fulfilled within a reasonable time, after giving notice thereof to the Commissioner or to the labour officer concerned, as the case may be, appeal to the Minister who shall confirm, rescind or vary the terms of the direction or prohibition; any direction or prohibition so appealed from shall remain in abeyance until the appeal is determined by the Minister:

  Provided that, where the Commissioner is of the opinion that for the direction or prohibition so to remain in abeyance would or might result in imminent danger to human health or safety, he may direct that the direction or prohibition shall not remain in abeyance pending the Minister's determination."

  • Employment Act 1982 (Cap 47:01) (Act 29, 1982). (S 11)

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: "If any person is killed, or dies, or suffers any bodily injury, in consequence of the occupier or owner of a factory having contravened any provision of this Act, the occupier or owner of the factory shall be liable to a fine of P400 ($48.52) and to imprisonment for 6 months and the whole or any part of any fine may be applied for the benefit of the injured person or his family or otherwise as the court may order, irrespective, of whether the deceased person's family, or the injured person, has received compensation from any other source"

  According to the Employment Act
  "Any person convicted of an offence under this Act, in respect of which it is provided that he shall be liable to the penalties
  •(a) prescribed by this paragraph, shall be liable to a fine of P500 or in default of payment to imprisonment for one month;
  •(b) prescribed by this paragraph, shall be liable to a fine of P1 000 and to imprisonment for 6 months;
  •(c) prescribed by this paragraph, shall be liable to a fine of P1 500 and to imprisonment for 12 months; or
  •(d) prescribed by this paragraph, shall be liable to a fine of P2 000 and to imprisonment for 18 months."

  • Employment Act 1982 (Cap 47:01) (Act 29, 1982). (S 172)

  • Factories Act 1973. No. 31. (S 73)

• 11.4.2 Financial penalties for natural persons

  Summary / Citation: The Factories Act states that "subject as hereinafter in this Act provided, any person guilty of an offence under this Act for which no express penalty is provided by this Act shall be liable to a fine of P100 ($12.13) and to imprisonment for 2 months, and, if the contravention in respect of which he was so convicted is continued after the conviction he shall (subject to the provisions of section 74) be guilty of a further offence and liable in respect thereof to a fine of P20 ($2.42) for each day on which the contravention was so continued."

  The Agrochemicals Act provides that "subject to section 22, a person who contravenes any provision of this Act shall be guilty of an offence and liable, on conviction, to a fine not exceeding P8000 ($970.40) or to imprisonment for a term not exceeding eight years or to both."

  According to the Employment Act:
  "Any person convicted of an offence under this Act, in respect of which it is provided that he shall be liable to the penalties
  •(a) prescribed by this paragraph, shall be liable to a fine of P500 or in default of payment to imprisonment for one month;
  •(b) prescribed by this paragraph, shall be liable to a fine of P1 000 and to imprisonment for 6 months;
  •(c) prescribed by this paragraph, shall be liable to a fine of P1 500 and to imprisonment for 12 months; or
  •(d) prescribed by this paragraph, shall be liable to a fine of P2 000 and to imprisonment for 18 months."

  • Agrochemicals Act (Chapter 35:09). (S 30)

  • Employment Act 1982 (Cap 47:01) (Act 29, 1982). (S 172)

  • Factories Act 1973. No. 31. (S 71, S 73)

• 11.4.3 Non-financial sanctions

  Summary / Citation: “Where the occupier or owner of a factory is convicted of an offence under this Act, the court may, in addition to or instead of imposing any penalty, order him, within the time specified in the order, to take such steps as may be so specified for remedying the matters in respect of which the contravention occurred, and may, on application, enlarge the time specified, and, where such an order is made, the occupier or owner shall not be liable under this Act, in respect of the continuation of the contravention during the time allowed by the court, but if, after the expiration of that time, as originally specified or enlarged by subsequent order, the order is not complied with, the owner or occupier, as the case may be, shall be liable to a fine of R 20 for each day on which the non-compliance continued.”

  • Factories Act 1973. No. 31. (S 72)

• 11.4.4 Criminal liability

  Summary / Citation: The Penal Code definition of manslaughter implies the possibility of prosecution for occupational-related deaths.
  

  • Penal Code. (S 200)

• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: The Agrochemicals Act provides that "subject to section 22, a person who contravenes any provision of this Act shall be guilty of an offence and liable, on conviction, to a fine not exceeding P8000 ($970.40) or to imprisonment for a term not exceeding eight years or to both." The Factories Act states that "subject as hereinafter in this Act provided, any person guilty of an offence under this Act for which no express penalty is provided by this Act shall be liable to a fine of P100 ($12.13) and to imprisonment for 2 months, and, if the contravention in respect of which he was so convicted is continued after the conviction he shall (subject to the provisions of section 74) be guilty of a further offence and liable in respect thereof to a fine of P20 ($2.42) for each day on which the contravention was so continued."

  According to the Employment Act:
  "Any person convicted of an offence under this Act, in respect of which it is provided that he shall be liable to the penalties
  •(a) prescribed by this paragraph, shall be liable to a fine of P500 or in default of payment to imprisonment for one month;
  •(b) prescribed by this paragraph, shall be liable to a fine of P1 000 and to imprisonment for 6 months;
  •(c) prescribed by this paragraph, shall be liable to a fine of P1 500 and to imprisonment for 12 months; or
  •(d) prescribed by this paragraph, shall be liable to a fine of P2 000 and to imprisonment for 18 months."

  • Agrochemicals Act (Chapter 35:09). (S 30)

  • Employment Act 1982 (Cap 47:01) (Act 29, 1982). (S 172)

  • Factories Act 1973. No. 31. (S 71, S 73)