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Occupational Safety and Health (OSH)

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Eritrea - 2013

Themes

1 Description of national OSH regulatory framework
- 1.1 Description of OSH regulatory framework
  Summary/citation: The Labour Proclamation of Eritrea (No. 118) of 2001 contains very general provisions in relation to occupational safety and health. There are some specific regulations that complete the Labour Proclamation of Eritrea relating to particular issues like the Proclamation on Importation, Handling, Use, Storage and Disposal of Pesticides and the Proclamation on tobacco control.
  
  According to Art. 140 of the Labour Proclamation of Eritrea, the Minister may issue regulations or directives necessary for the implementation of this Proclamation. He may, in particular, issue regulations or directives on the following matters among others:
  - occupational safety, health and the protection of the working environment;
  - standards of working conditions;
  - classification of hazardous occupations;
  - types of occupations which are particularly arduous and dangerous to the health and to the reproductive system of female employees;
  - details of conditions of work for young employees, pregnant women and disabled persons;
  - types, programmes and tests of vocational training;
  - the working conditions of construction employees.
  • Regulations for the Importation, Handling, Use, Storage and Disposal of Pesticides (L.N. No. 114 of 2006).
  • Proclamation 143/2004 to provide for tobacco control
  • Labour Proclamation of Eritrea (No. 118 of 2001).
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 person who renders services of a physical or intellectual nature, for a definite or indefinite period under the direction of an employer for an agreed employment.
  • Labour Proclamation of Eritrea (No. 118 of 2001). (Title I, Art. 3, Para. 1)
  - 2.2.1 Coverage of particular categories of workers
    Sometimes.
    - 2.2.1.1 Migrant workers
      Summary/citation: Migrant workers are not excluded from the scope of the law. However, they must be granted a work permit.
      • Regulations to Issue Work Permit to Non-Nationals (Legal Notice No. 80/2003).
      • Labour Proclamation of Eritrea (No. 118 of 2001). (Title II, Chapter 2, Art. 8)
    - 2.2.1.2 Domestic workers
      Summary/citation: A domestic employee is a person primarily hired for the performance of household duties and chores, the maintenance of the home and the care and comfort of the members of the household and includes a domestic gardeners, guard or driver.
      Restrictions / obligations: The Minister may, by regulation, determine the provisions of this Proclamation, which shall apply to all or to a category of domestic employee and the manner of their application.
      • Labour Proclamation of Eritrea (No. 118 of 2001). (Arts. 39, 40)
    - 2.2.1.3 Home workers
      Summary/citation: “Employee” means any person who renders services of a physical or intellectual nature, for a definite or indefinite or indefinite period under the direction of an employer for an agreed employment.
      Remarks / comments: The law does not specifically exclude home workers from its scope of application.
      • Labour Proclamation of Eritrea (No. 118 of 2001). (Art. 3(1))
    - 2.2.1.4 Self-employed persons
      No data available.
- 2.3 Definition of employer
  Summary/citation: An employer is any natural or legal person who employs another person under an employment contract.
  • Labour Proclamation of Eritrea (No. 118 of 2001). (Title 1, Art. 3, Para. 5)
- 2.4 Exclusion of branches of economic activity
  Sometimes.
  - 2.4.1 Agriculture
    Summary/citation: “Industrial Undertaking” means public or private undertaking and any branch thereof and includes particularly agriculture, forestry and fishery (...).
    Remarks / comments: The Labour Proclamation of Eritrea applies to workers from the agricultural sector.
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title I, Art. 3, Para. 6)
  - 2.4.2 Construction
    Summary/citation: “Industrial Undertaking” means public or private undertaking and any branch thereof and includes particularly construction works, roads and other similar undertakings (...).
    Remarks / comments: The Labour Proclamation of Eritrea applies to workers engaged in the construction sector.
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title I, Art. 3, Para. 6)
  - 2.4.3 Services
    Summary/citation: “Industrial Undertaking” means public or private undertaking and any branch thereof and includes particularly:
    - electricity, gas, water and geothermal power; wholesale and retails trade, restaurants and hotels;
    - transport of people and goods by sea, air and land and services of storage and forwarding of goods from and to carrier stations and other forms or communications;
    - financing insurance and business services;
    - social and personal services.
    Remarks / comments: The Labour Proclamation of Eritrea applies to workers engaged in services.
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title I, Art. 3, Para.6)
  - 2.4.4 Public sector
    Summary/citation: Contracts of employment of the following nature shall not be administered under this proclamation:
    (a) members of military, police and security forces;
    (b) members of the Eritrean Civil Services;
    (c) judges and prosecutors; and
    (d) persons holding managerial positions who directly engage in major managerial functions of an undertaking and have power delegated to them by law or contract of employment to make decisions on behalf of the undertaking.
    
    Contracts of employment of employees of state-owned or state-run profit making
    undertaking and of employees in projects run by Government agencies shall, however, be governed by this proclamation, although the highest level of administration of the said undertakings or projects may be under civil service.
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title I, Art. 3, Para. 1)
  - 2.4.5 Other
    Summary/citation: “Industrial Undertaking” means public or private undertaking and any branch thereof and includes particularly mining and quarrying and manufacturing.
    Labour Proclamation of Eritrea (Title I, Art. 3, Para. 6).
    
    The person who has been granted a license to prospect and explore or mine for minerals, shall conduct mining operations in such a manner as to ensure the health and safety of his agents, employees and other persons, and to minimize damage or pollution to the environment.
    Mining Proclamation (Art. 24(3))
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title I, Art. 3, Para. 6)
    • Mining Proclamation No. 68/1995. (Art. 24(3))
- 2.5 Definition of occupational accident
  Summary/citation: An employment accident is any organic injury or functional disorder sustained by an employee as a result of any cause extraneous to the injured employee or any effort he makes during or in connection with the performance of his work and includes:
  (1) an injury sustained by an employee while carrying on employer's orders, even away from the work place or outside his regular hours of work;
  (2) an injury sustained by an employee, before or after his working hours, because of obligations related to his work, or during any interruptions of work while in the work place or the premises of the undertaking, or while he is proceeding to or from the place of work in a transport service vehicle provided by the employer;
  (3) an injury sustained by an employee as a result of an action of the employer or a third party during the performance of his work, provided that where the work merely gives the employer or third party an opportunity to cause the injury, it may not be deemed to have been incurred in the performance of work; and
  (4) an injury sustained by an employee as a result of his violating work rules, the employer's orders or other similar directives to prevent an accident, to save life or to safeguard the employer's interest.
  • Labour Proclamation of Eritrea (No. 118 of 2001). (Art. 71)
- 2.6 Definition of occupational disease
  Summary/citation: A pathological condition, whether caused by physical, chemical or biological agents, which arises as a consequence of the type of work performed by the employee or the surroundings in which he works shall be considered an occupational disease.
  Restrictions / obligations: Occupational diseases shall not include endemic or epidemic diseases which are prevalent and contracted in the area where the work is done, except in the case of an employee exclusively engaged in combating such diseases by reason of his occupation.
  • Labour Proclamation of Eritrea (No. 118 of 2001). (Art. 72)
  - 2.6.1 List of occupational diseases
    Summary/citation: The Minister shall, in consultation with the Ministry of Public Health, issue schedules that are subject to periodic revision listing diseases of occupational origin.
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Art. 72(3))
  - 2.6.2 Mechanism for compensating other diseases as occupational ones
    Summary/citation: An employee shall be entitled to compensation if he establishes the occupational origin of a disease he contracts.
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Art. 72(4))
3 Institutions and programmes relating to OSH administration and/or enforcement
- 3.1 Competent national authority for safety and health at work
  Summary/citation: The Ministry of Labour and Human Welfare shall, in order to organize, coordinate, follow up and implement the labour administration system, among others, establish:
  (a) an employment service;
  (b) a labour inspection service;
  (c) a labour relations service; and
  (d) an advisory board.
  
  The Labour Inspection Service shall ensure the implementation of the provisions of the Labour Proclamation of Eritrea and of regulations and directives issued in accordance with it.
  • Labour Proclamation of Eritrea (No. 118 of 2001). (Title XI, Chapter 2, Arts. 141, 143)
  - 3.1.1 Objectives, roles and/or functions
    Summary/citation: The Labour Inspection Service shall ensure the implementation of the provisions of the Labour Proclamation of Eritrea and of regulations and directives issued in accordance with it. The Labour Inspection Service shall supervise, execute, conduct and prepare studies and research on working conditions, occupational safety and health and labour standards.
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title XI, Chapter 2, Art. 143)
  - 3.1.2 Chairperson and composition
    No data available.
- 3.2 National OSH research programme or institute
  Remarks / comments: The law does not require the establishment of a national OSH institute, however it requires the Labour Inspection to conduct research in the field of OSH.
  - 3.2.1 Objectives, roles and/or functions
    Summary/citation: The Labour Inspection Service shall also supervise, execute, conduct and prepare studies and research on working conditions, occupational safety, health and labour standards.
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title XI, Chapter 2, Art. 143)
  - 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: Employers are obliged to take all the necessary occupational safety and health measures. Employers shall comply with the standards and directives given by the Labour Proclamation of Eritrea or by the appropriate authorities concerning OSH measures.
  • Labour Proclamation of Eritrea (No. 118 of 2001). (Title III, Chapter 2, Art. 20)
- 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
  No data available.
- 4.4 Surveillance of workers’ health in relation to work
  No data available.
  - 4.4.1 Specific hazards for which surveillance is required
    No data available.
- 4.5 Surveillance of the working environment and working practices
  Summary / Citation: Employers are obliged to take all the necessary occupational safety and health measures. Employers shall comply with the standards and directives given by the Labour Proclamation of Eritrea or by the appropriate authorities concerning OSH measures.
  • Labour Proclamation of Eritrea (No. 118 of 2001). (Title III, Chapter 2, Art. 20)
- 4.6 Duty to provide personal protective equipment
  Summary / Citation: Employers are required to provide employees with personal protective equipment and other necessary materials and instruct them on their use.
  • Labour Proclamation of Eritrea (No. 118 of 2001). (Title III, Chapter 2, Art. 20(10))
- 4.7 Duty to ensure the usage of personal protective equipment
  No data available.
- 4.8 Duty to provide first-aid and welfare facilities
  Sometimes.
  - 4.8.1 Arrangements for first-aid
    Summary / Citation: An employer shall have the following obligations and at his own expense:
    (a) to provide an injured employee with prompt first aid;
    (b) to transport an injured employee by an adequate means of transportation to the nearest health center; and
    (c) unless otherwise provided in a collective agreement to pay a rational price for the coffin, the burial ground and the transportation of the remains of an employee who dies because of an employment injury.
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title VI, Chapter 5, Section 2, Art. 75)
  - 4.8.2 Sanitary installations
    No data available.
  - 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
    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: An employer shall have the obligation to take all the necessary occupational safety and health measures and to comply with the standards and directives to be given by this Proclamation or by the appropriate authorities in respect of these measures.
    
    The employer shall also take appropriate measures early on to ensure that all work place premises and the processes of work do not become a source or cause of hazards to the health and safety of the employees.
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Art. 20)
  - 5.1.5 Training and information on risks
    Summary/citation: Employers are required to provide employees with personal protective equipment and other necessary materials and instruct them on their use.
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title VI, Chapter 2, Art. 51)
  - 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
  No data available.
  - 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 obliged to follow health and safety instructions issued by the employer or by relevant authorities. Workers shall use appropriately and with due care the appliances and devices provided for the protection of their safety health and of those of other employees.
  • Labour Proclamation of Eritrea (No. 118 of 2001). (Title III, Chapter 2, Art. 21)
- 7.2 Duty to take reasonable steps to protect the safety and health of others
  Summary / Citation: Workers shall render assistance when an accident occurs or an imminent danger threatens fellow employees or the employer's property considering not to endanger themselves.
  • Labour Proclamation of Eritrea (No. 118 of 2001). (Title III, Chapter 2, Art. 21)
- 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
  Summary / Citation: Workers are obliged to follow health and safety instructions issued by the employer or by relevant authorities. Workers shall use appropriately and with due care the appliances and devices provided for the protection of their safety health and of those of other employees.
  • Labour Proclamation of Eritrea (No. 118 of 2001). (Title VIII, Chapter 2, Art. 21)
- 7.7 Right to enquire about risks and preventive measures
  Summary / Citation: Conditions for the protection of occupational safety and health of employees could be included in collective agreements.
  
  Remarks / comments: Not specifically mentioned. Yet, inquiries could occur through workers associations.
  • Labour Proclamation of Eritrea (No. 118 of 2001). (Title VIII, Chapter 2, Art. 102)
- 7.8 Right to remove themselves from a dangerous situation
  Summary / Citation: An illegitimate reason for the termination of a contract includes the employee refusal to work on a dangerous assignment ordered by the employer.
  • Labour Proclamation of Eritrea (No. 118 of 2001). (Title IV, Chapter 1, Art. 23)
- 7.9 Right to be reassigned to non-hazard work
  No data available.
  - 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
  Summary / Citation: There is not national committee specific to occupational safety and health. However, an "Advisory Board" on different labour issues should to be created.
  • Labour Proclamation of Eritrea (No. 118 of 2001). (Title VI, Chapter 3, Art. 147)
  - 8.1.1 Objectives, roles and/or functions
    Summary / Citation: The Advisory Board shall, based on studies, advise the Minister on the development of labour policies and the implementation of the Labour Proclamation of Eritrea, make proposals for laws and regulations and develop labour relations and other essential matters related to the labour administration.
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title VI, Chapter 3, Art. 147)
  - 8.1.2 Constitution and chairmanship modalities
    Summary / Citation: The Advisory Board shall comprise members from the Ministry of Labour and the associations of employees and employers. The Ministry shall issue directives to determine the structure and working procedures of the Advisory Board, the assignment of its members and their service time.
    
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title VI, Chapter 3, Art. 147)
- 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: Employees and employers shall have the right to form their respective associations and participate in their activities as members.
  • Labour Proclamation of Eritrea (No. 118 of 2001). (Title VIII, Art. 86)
  - 8.3.1 Workforce size conditions for workers’ representation in health and safety
    Summary / Citation: Article 89 of the Labour Proclamation of Eritrea determines the conditions for employees' associations are to be created. In this sense, employees' associations may be established in an undertaking where the total number of employees is twenty or more provided, however, that the number of members of an association may not be less than fifteen.
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title VIII, Article 89)
  - 8.3.2 Conditions of eligibility to represent workers in health and safety
    No data available.
- 8.4 OSH representatives’ functions, rights and powers
  Sometimes.
  - 8.4.1 Right to inspect the workplace
    Summary / Citation: The functions of the associations of workers and employers include the right to ensure that laws regulations and directives are known, respected and implemented by members.
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title VIII, Article 90)
  - 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
  No data available.
  - 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)
  No data available.
- 8.8 Protection against reprisals
  Summary / Citation: According to the Labour Proclamation of Eritrea, shall not constitute legitimate grounds for the termination by an employer of an employment contract: (1) an employee's desire to hold office or his holding office as a representative of employees; (2) an employee's membership in an employees' association or his participation in its lawful activities.
  • Labour Proclamation of Eritrea (No. 118 of 2001). (Title XI, Chapter 1, Art. 140)
- 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
    Yes.
    • Regulations for the Importation, Handling, Use, Storage and Disposal of Pesticides (L.N. No. 114 of 2006).
- 9.3 Ergonomic hazards
  No data available.
- 9.4 Physical hazards
  Sometimes.
  - 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.
  - 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
    Yes.
    • Proclamation 143/2004 to provide for tobacco control
  - 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
    No data available.
- 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
    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
  Sometimes.
  - 9.8.1 Protection of pregnancy at work
    Summary / Citation: A pregnant employee may not be assigned on a work between 10:00 P.M. and 6:00 A.M. or overtime work.Where a pregnant employee’s job is dangerous to pregnancy or her health, she may, upon official medical certification, be transferred with the same wage to another temporary job. She shall be entitled to be reinstated to her former job after the end of maternity leave.
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title IV, Chapter 4, Art. 67)
  - 9.8.2 Protection of lactating women at work
    No data available.
  - 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts
    Summary / Citation: A pregnant employee may not be assigned on a work between 10:00 P.M. and 6:00 A.M. or overtime work.Where a pregnant employee’s job is dangerous to pregnancy or her health, she may, upon official medical certification, be transferred with the same wage to another temporary job. She shall be entitled to be reinstated to her former job after the end of maternity leave.
    In addition, the Minister may issue regulations or directives on the types of occupations which are particularly arduous and dangerous to the health and to the reproductive system of female employees.
    
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title IV, Chapter 4, Art. 67, Title XI, Chapter 1, Art.140)
  - 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age
    Summary / Citation: No contract of employment shall be enforceable against a person below the age of eighteen if it is determined to be prejudicial to the interests of that person, and in such a case, such a young person shall not be liable for any damages against him arising from the contract.
    (Labour Proclamation of Eritrea, Title III, Chapter 1, Art. 9)
    
    It is prohibited to employ a person under the age of fourteen years.
    A young employee may not be assigned to work between 6:00 P.M. and 6:00 A.M.
    A young employee may not be made to work for more than seven hours per day.
    (Labour Proclamation of Eritrea, Title VI, Chapter 4, Section 2, Art. 68)
    
    The Minister may, by regulation, issue a list of activities prohibited to young employees, including apprentices, which shall, in particular, include: (a) Work in the transport of passengers and goods by road, railway, air and sea and in dock sides and warehouses involving heavy weight lifting, pulling or pushing or any other related type of labour; (b) Work connected with toxic chemicals, dangerous machines, electric power generation plants, transformers or transmission lines; (c) underground work, such as mines, quarries similar works; an and (d) work in sewers and digging tunnels.
    (Labour Proclamation of Eritrea, Title VI, Chapter 4, Section 2, Art. 69)
    Remarks / comments: “A Young employee” for the purpose of the Labour Proclamation of Eritrea means a person above the age of fourteen and below the age of eighteen (Labour Proclamation of Eritrea 3(3)).
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title VI, Chapter 4, Section 2, Art. 69, Title III, Chapter 1, Art. 9 )
    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
  Sometimes.
  - 10.1.1 Work-related accidents
    Summary / Citation: The employer is required to keep a register of employment injuries of the employees.
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title 6, Chapter 2, Art. 20)
  - 10.1.2 Near miss incidents
    No data available.
  - 10.1.3 Occupational diseases
    No data available.
- 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health
  No data available.
11 OSH inspection and enforcement of OSH legislation
- 11.1 Appointment of OSH inspectors
  Summary / Citation: The Labour Inspection Service shall ensure the implementation of the provisions of the Labour Proclamation of Eritrea and of regulations and directives issued in accordance with it, as well as other laws relating to labour relations, collective agreements and the decisions or orders given by the authorities responsible to determine labour disputes (Art. 143).
  
  The Minister shall assign Labour Inspectors to carry out the duties of the Labour Inspection Service (Art. 144).
  • Labour Proclamation of Eritrea (No. 118 of 2001). (Title XI, Chapter 2, Art. 143, 144)
- 11.2 OSH inspectors’ powers
  Sometimes.
  - 11.2.1 Power to enter workplaces
    Summary / Citation: To implement the provisions of the Labour Proclamation of Eritrea, any inspector shall have the power to enter, during working hours, after identifying himself to the employer or his representative, and carry on whatever inspection he/she deems necessary.
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title XI, Chapter 2, Art. 144)
  - 11.2.2 Power to inspect and carry out any examination, test or enquiry
    Summary / Citation: Inspectors shall have the right to: (a) to question any person alone or in the presence of any witness; (b) to check, copy or extract any paper, file or other document; (c) to ensure that relevant notices are at appropriate places; (d) to take any sample of any matter in a workplace and to test it to ensure that it does not cause injury to employees; and (f) to photograph, measure, draw or test premises where employees work, tools or any other objects the inspector deems essential and see or copy any document pertaining to the premises or working tools in order to ensure the safety and health of employees.
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title XI, Chapter 2, Art. 144)
  - 11.2.3 Power to investigate
    Summary / Citation: Inspectors shall have the right to: (a) to question any person alone or in the presence of any witness; (b) to check, copy or extract any paper, file or other document; (c) to ensure that relevant notices are at appropriate places; (d) to take any sample of any matter in a workplace and to test it to ensure that it does not cause injury to employees; and (f) to photograph, measure, draw or test premises where employees work, tools or any other objects the inspector deems essential and see or copy any document pertaining to the premises or working tools in order to ensure the safety and health of employees.
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title XI, Chapter 2, Art. 144)
  - 11.2.4 Duty to provide advice on OSH
    No data available.
- 11.3 OSH inspectors’ enforcement powers
  Sometimes.
  - 11.3.1 Power to issue orders or notices
    Summary / Citation: Where the inspector finds that there are on the premises, plant, installations, machinery or equipment or in the working methods, any conditions threatening the health, safety or wel-being of the employees of such undertaking, he shall order the employer to take measures to correct such condition within a given period of time.
    
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title XI, Chapter 2, Art. 144)
  - 11.3.2 Power to impose financial penalties
    No data available.
  - 11.3.3 Power to revoke or suspend licenses or authorisations
    Summary / Citation: Where the danger is imminent and requires urgent measures, the inspector shall inform the Minister and measures shall be taken immediately to avert it.
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title 11, Chapter 2, Article 144)
  - 11.3.4 Power to require the cessation of dangerous work
    Summary / Citation: Where the danger is imminent and requires urgent measures, the inspector shall inform the Labour Minister and measures shall be taken immediately to avert it.
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title XI, Chapter 2, Art. 144)
  - 11.3.5 Power to initiate prosecutions
    Summary / Citation: Where the danger is imminent and requires urgent measures, the inspector shall inform the Labour Minister and measures shall be taken immediately to avert it.
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title XI, Chapter 2, Art. 144)
  - 11.3.6 Power to conduct prosecutions
    No data available.
  - 11.3.7 Other enforcement powers
    No data available.
- 11.4 Application of sanctions by courts
  Sometimes.
  - 11.4.1 Financial penalties for legal persons
    Summary / Citation: An employer's or employees' association which:
    (1) violates regulations or directives issued in accordance with the Labour Proclamation of Eritrea relating to the safety and health of employees and exposes an employee to serious danger; or
    (2) fails to fulfill its obligations in accordance with the provisions of Articles 103, 112 and 113 of the Labour Proclamation of Eritrea; or
    (3) contravenes the provisions of Articles 118 and 119 of the Labour Proclamation of Eritrea; or
    (4) contravenes the provisions of Article 146 of the Labour Proclamation of Eritrea; or
    (5) fails to comply with an order given by an inspector pursuant to the Labour Proclamation of Eritrea or other relevant laws or intentionally gives false information or explanation to the competent authorities;
    shall be liable to a fine not exceeding one thousand two hundred (1200.00) Nakfa (114 USD), or where the offense is committed by an employee or a representative of the employer, a fine not exceeding five hundred (500.00) Nakfa (47 USD).
    Restrictions / obligations: Unless the provisions of the Penal Code provide for more severe penalties,
    these penalties shall apply (Art. 154).
    Remarks / comments: (1) The First Instance Labour Court shall follow court procedures observed by civil courts.
    (2) The First Instance Labour Court shall have powers similar to civil courts in the process of adjudication.
    (3) The First Instance Labour Court shall have the power to penalize by fine
    offenses punishable under Proclamation.
    (4) First Instance Labour Courts shall have the power to order the execution of conciliations registered by the Ministry.
    (5) Labour decisions shall follow the format observed by civil courts.
    (Labour Proclamation of Eritrea, Art. 130)
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title XIII, Chapter 1, Art. 156)
  - 11.4.2 Financial penalties for natural persons
    Summary / Citation: An employer's or employees' association which:
    (1) violates regulations or directives issued in accordance with the Labour Proclamation of Eritrea relating to the safety and health of employees and exposes an employee to serious danger; or
    (2) fails to fulfill its obligations in accordance with the provisions of Articles 103, 112 and 113 of the Labour Proclamation of Eritrea; or
    (3) contravenes the provisions of Articles 118 and 119 of the Labour Proclamation of Eritrea; or
    (4) contravenes the provisions of Article 146 of the Labour Proclamation of Eritrea; or
    (5) fails to comply with an order given by an inspector pursuant to the Labour Proclamation of Eritrea or other relevant laws or intentionally gives false information or explanation to the competent authorities;
    shall be liable to a fine not exceeding one thousand two hundred (1200.00) Nakfa (114 USD), or where the offense is committed by an employee or a representative of the employer, a fine not exceeding five hundred (500.00) Nakfa (47 USD).
    Restrictions / obligations: Unless the provisions of the Penal Code provide for more severe penalties,
    these penalties shall apply (Art. 154).
    Remarks / comments: (1) The First Instance Labour Court shall follow court procedures observed by civil courts.
    (2) The First Instance Labour Court shall have powers similar to civil courts in the process of adjudication.
    (3) The First Instance Labour Court shall have the power to penalize by fine
    offenses punishable under Proclamation.
    (4) First Instance Labour Courts shall have the power to order the execution of conciliations registered by the Ministry.
    (5) Labour decisions shall follow the format observed by civil courts.
    (Labour Proclamation of Eritrea, Art. 130)
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Title XIII, Chapter 1, Art. 156)
  - 11.4.3 Non-financial sanctions
    No data available.
  - 11.4.4 Criminal liability
    Summary / Citation: Penal Code offenses committed in violation of this Proclamation or regulations or directives issued under this Proclamation shall be brought before the competent criminal courts.
    • Labour Proclamation of Eritrea (No. 118 of 2001). (Art. 157(2))
  - 11.4.5 Terms of imprisonment for natural persons
    No data available.

Eritrea - 2013

Themes

1 Description of national OSH regulatory framework

1.1 Description of OSH regulatory framework

2 Scope, coverage and exclusions

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

2.2.1 Coverage of particular categories of workers

2.2.1.1 Migrant workers

2.2.1.2 Domestic workers

2.2.1.3 Home workers

2.2.1.4 Self-employed persons

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

2.4.1 Agriculture

2.4.2 Construction

2.4.3 Services

2.4.4 Public sector

2.4.5 Other

2.5 Definition of occupational accident

2.6 Definition of occupational disease

2.6.1 List of occupational diseases

2.6.2 Mechanism for compensating other diseases as occupational ones

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

3.1 Competent national authority for safety and health at work

3.1.1 Objectives, roles and/or functions

3.1.2 Chairperson and composition

3.2 National OSH research programme or institute

3.2.1 Objectives, roles and/or functions

3.2.2 Governance board constitution and chairmanship

3.2.3 Source of funding

3.3 National OSH programme

3.3.1 Consultation on the national OSH programme

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

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

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

4.8.2 Sanitary installations

4.8.3 Drinking water

4.8.4 Rest and eating areas

5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices

5.1 Elements of an OSH management system

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

5.1.2 Appointment of a person for health and safety

5.1.3 Written risk assessment

5.1.4 Safe operating work systems and procedures

5.1.5 Training and information on risks

5.1.6 Review or assessment of the results of preventive measures

5.1.7 Consultation with workers in health and safety

5.2 Obligation to implement a specific OSH management system or standard

6 Employers’ duty to ensure availability of expertise and competence in health and safety

6.1 OSH competence

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

6.1.1.1 Qualifications of experts or professional services

6.2 Appointment of an OSH practitioner

6.2.1 Workforce size threshold for the appointment of OSH practitioners

7 Workers' rights and duties

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

8 Consultation, collaboration and co-operation with workers and their representatives

8.1 National OSH committee, commission, council or similar body

8.1.1 Objectives, roles and/or functions

8.1.2 Constitution and chairmanship modalities

8.2 Employers’ duty to consult workers on risks

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