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Occupational Safety and Health (OSH)

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Libya - 2013

Themes

1 Description of national OSH regulatory framework
- 1.1 Description of OSH regulatory framework
  Summary/citation: The main legislation on occupational safety and health in Libya is the Law No. 12 of 1378 [2010] on Labour Relations that includes a special section on workplace safety and labour inspection. Law No. 93/1976 on industrial safety and the protection of workers and the Decree No. 8/1974 of the Ministry of Labour concerning the protection of the health and safety of workers complete the legal framework on OSH in the country.
  • Occupational safety and health country profile of Libya
  • Website of the Ministry of Justice of Lybia
  • Law No. 12 of 1378 [2010] on Labour Relations.
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: Worker is defined as any natural person who undertakes to perform work under the supervision and control of an employer in return for a wage either in the form of a production share or a sum of money.
  Employee is defined as any person holding a post on the staff of an administrative unit.
  • Law No. 12 of 1378 [2010] on Labour Relations. (Introductory Chapter, Section 5)
  - 2.2.1 Coverage of particular categories of workers
    Sometimes.
    - 2.2.1.1 Migrant workers
      Summary/citation: Migrant workers are included within the scope of OSH legislation.
      • Law No. 12 of 1378 [2010] on Labour Relations. (Introductory Chapter, Section 5)
    - 2.2.1.2 Domestic workers
      Summary/citation: Domestic workers are included within the scope of OSH legislation. There is a specific chapter in the law (Chapter 3) concerning domestic service.
      • Law No. 12 of 1378 [2010] on Labour Relations. (Introductory Chapter, Section 5)
    - 2.2.1.3 Home workers
      Summary/citation: Home workers workers are included within the scope of OSH legislation.
      • Law No. 12 of 1378 [2010] on Labour Relations. (Introductory Chapter, Section 5)
    - 2.2.1.4 Self-employed persons
      No data available.
- 2.3 Definition of employer
  Summary/citation: Any natural person or legal entity, public or private, employing one or more workers against remuneration.
  • Law No. 12 of 1378 [2010] on Labour Relations. (Introductory Chapter, Section 5)
- 2.4 Exclusion of branches of economic activity
  Sometimes.
  - 2.4.1 Agriculture
    Summary/citation: With the exception of workers governed by special laws or regulations, as well as those working in family enterprise (spouses, ascendants and descendants), the provisions of this Act shall apply to all labour relations in the Great Jamahiriya which are established by regulation, contract or partnership, irrespective of whether the remuneration is in the form of a share in the returns of the economic activity or a sum of money.
    • Law No. 12 of 1378 [2010] on Labour Relations. (Section 4)
  - 2.4.2 Construction
    Summary/citation: With the exception of workers governed by special laws or regulations, as well as those working in family enterprise (spouses, ascendants and descendants), the provisions of this Act shall apply to all labour relations in the Great Jamahiriya which are established by regulation, contract or partnership, irrespective of whether the remuneration is in the form of a share in the returns of the economic activity or a sum of money.
    • Law No. 12 of 1378 [2010] on Labour Relations. (Section 4)
  - 2.4.3 Services
    Summary/citation: With the exception of workers governed by special laws or regulations, as well as those working in family enterprise (spouses, ascendants and descendants), the provisions of this Act shall apply to all labour relations in the Great Jamahiriya which are established by regulation, contract or partnership, irrespective of whether the remuneration is in the form of a share in the returns of the economic activity or a sum of money.
    • Law No. 12 of 1378 [2010] on Labour Relations. (Section 4)
  - 2.4.4 Public sector
    Summary/citation: The provisions of this Act shall not apply to workers governed by special laws or regulations. There is a specific part in the law concerning public sector. Part IV: Statutory Relations- the Public Service.
    • Law No. 12 of 1378 [2010] on Labour Relations. (Section 4)
  - 2.4.5 Other
    Summary/citation: The provisions of this Act shall not apply to workers governed by special laws or regulations, as well as those working in family enterprise (spouses, ascendants and descendants.
    • Law No. 12 of 1378 [2010] on Labour Relations. (Section 4)
- 2.5 Definition of occupational accident
  Summary/citation: Occupational injury is defined as an injury sustained by a worker or an employee as a result of work, or which occurs during his work or because of it. This includes injuries sustained while commuting to and from work, provided that the commute occurs without delay and by the most direct route. It also includes any occupational disease provided for in the implementing regulations.
  • Law No. 12 of 1378 [2010] on Labour Relations. (Introductory Chapter, Section 5)
- 2.6 Definition of occupational disease
  Summary/citation: Occupational injury is defined as an injury sustained by a worker or an employee as a result of work, or which occurs during his work or because of it. This includes injuries sustained while commuting to and from work, provided that the commute occurs without delay and by the most direct route. It also includes any occupational disease provided for in the implementing regulations.
  • Law No. 12 of 1378 [2010] on Labour Relations. (Introductory Chapter, Section 5)
  - 2.6.1 List of occupational diseases
    No data available.
  - 2.6.2 Mechanism for compensating other diseases as occupational ones
    No data available.
3 Institutions and programmes relating to OSH administration and/or enforcement
- 3.1 Competent national authority for safety and health at work
  Summary/citation: Administrative units shall be established and their functions determined by decision of the General People's Committee, with the exception of the public sectors established by the 29 General People’s Congress. The principal organizational divisions shall be determined by decision of the General People's Committee, and subsidiary organizational divisions of public administrative units shall be determined by the competent People’s Committee after consulting the competent authority.
  
  People's Committee is the People's Committee in the public administrative unit.
  Competent authority is the sector responsible for labour, training and employment or the person vested with its authority.
  Competent secretary is the Secretary of the General People's Committee for the
  competent sector concerned or the person vested with his authority.
  
  Occupational groups shall be considered as a distinct unit in the human resources areas. Principal occupational groups of general service staff;
  b) principal occupational groups of technical staff;
  c) principal occupational groups of the regular civil service staff;
  d) principal occupational groups of professional scientific, teaching and training staff;
  e) principal occupational groups in medicine and nursing;
  f) principal occupational groups in the merchant marine and civil aviation
  Regulations on the occupational groups are to be determined.
  • Law No. 12 of 1378 [2010] on Labour Relations. (Introductory , Part 3, Chapter 1, Section , 123,124)
  - 3.1.1 Objectives, roles and/or functions
    No data available.
  - 3.1.2 Chairperson and composition
    No data available.
- 3.2 National OSH research programme or institute
  No data available.
  - 3.2.1 Objectives, roles and/or functions
    No data available.
  - 3.2.2 Governance board constitution and chairmanship
    No data available.
  - 3.2.3 Source of funding
    No data available.
- 3.3 National OSH programme
  No data available.
4 Employers’ duties and responsibilities to protect the safety and health of workers and others
- 4.1 Duty to ensure the health and safety of employees
  Summary/citation: The employer shall take all the necessary precautions to protect workers from health risks or occupational hazards while performing their work.
  • Law No. 12 of 1378 [2010] on Labour Relations. (Part 1, Chapter 5, Section 39)
- 4.2 Duty to protect the health and safety of people other than their own employees
  Summary/citation: Specific penalties are applied for not compliance with legislation not only in relation to workers, but also to people who are "present at the workplace".
  • Law No. 93/1976 on industrial safety and the protection of workers. (Article 19)
- 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
  Summary / Citation: An employer shall carry out a medical examination of any person it intends to hire, prior to his admission to employment, to ensure that he is healthy and physically fit for the type of work he is to perform. The employer shall periodically carry out medical examinations of all its workers for the continuous protection of their health and physical fitness. The implementing regulations shall indicate the authority competent to carry out such examinations and shall determine the levels of fitness levels and mental and psychological criteria on which such examinations are based.
  The employer shall periodically carry out medical examinations of all its workers for the continuous protection of their health and physical fitness.
  • Law No. 12 of 1378 [2010] on Labour Relations. (Part 1, Chapter 5, Section 37)
  - 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: The employer shall take all the necessary precautions to protect workers from health risks or occupational hazards while performing their work.
  • Law No. 12 of 1378 [2010] on Labour Relations. (Part 1, Chapter 5, Section 39)
- 4.6 Duty to provide personal protective equipment
  Summary / Citation: The employer shall provide training for workers or employees in the proper methods of performing their work. He shall inform them of any risks involved before they start work and shall require them to use appropriate protective equipment to be provided by him.
  • Law No. 12 of 1378 [2010] on Labour Relations. (Part 1, Chapter 5, Section 39)
- 4.7 Duty to ensure the usage of personal protective equipment
  Summary / Citation: Specific disciplinary measures shall be taken by employers in case workers do not use the personal protective equipment, when they are required to do so.
  • Ministry of Labour Decree No. 8/1974 concerning the protection of the health and safety of workers. (Article 20)
- 4.8 Duty to provide first-aid and welfare facilities
  Sometimes.
  - 4.8.1 Arrangements for first-aid
    Summary / Citation: First aid kits, with specific requirements, shall be provided at the workplace. The objects included within the first aid kit are described in Tables 3 and 4, appendixed to the decree.
    • Ministry of Labour Decree No. 8/1974 concerning the protection of the health and safety of workers. (Articles 13, 14 and 15)
  - 4.8.2 Sanitary installations
    Summary / Citation: The employer shall provide staff with a sufficient number of toilet facilities. If employees of both sexes are employed in the same workplace, he shall provide a number of toilet facilities for the women workers that are separate from those for the men.
    • Law No. 12 of 1378 [2010] on Labour Relations. (Part 1, Chapter 7, Section 48)
  - 4.8.3 Drinking water
    No data available.
  - 4.8.4 Rest and eating areas
    Summary / Citation: Eating areas shall be provided at the workplace. In addition, workers shall not eat in workplaces where there is widespread use of hazardous material, dangerous radiation, and specific types of pollution.
    • Ministry of Labour Decree No. 8/1974 concerning the protection of the health and safety of workers. (Article 1, Paragraph C; Article 21)
5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices
- 5.1 Elements of an OSH management system
  Sometimes.
  - 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety
    Summary/citation: The employer is required to make a list of hazards (mechanical and chemical) at the workplace. The list should also include the precautionary measures that should be followed to minimize the risks of these hazards, as well as the required first arrangements in case of a hazard, and the closest sources of treatment.
    Restrictions / obligations: This applies in establishments with more than 10 workers.
    • Law No. 93/1976 on industrial safety and the protection of workers. (Article 6)
  - 5.1.2 Appointment of a person for health and safety
    No data available.
  - 5.1.3 Written risk assessment
    Summary/citation: The employer is required to make a list of hazards (mechanical and chemical) at the workplace. The list should also include the precautionary measures that should be followed to minimize the risks of these hazards.
    Restrictions / obligations: This applies in establishments with more than 10 workers.
    • Law No. 93/1976 on industrial safety and the protection of workers. (Article 6)
  - 5.1.4 Safe operating work systems and procedures
    Summary/citation: The employer shall take all necessary procedures to ensure a safe environment for workers, including isolating workers from risky areas.
    An employer shall take all the necessary measures to safeguard worker and employee safety and health during the performance of tasks undertaken under his supervision. The employer shall ensure the observance of good conduct, morality, safety and ethics in the enterprise.
    The employer shall inform workers and employees in writing, when they are hired, of the requirements regarding the following matters and any changes introduced, including legal requirements and measures for maintaining safety, health and protection from occupational hazards.
    • Law No. 12 of 1378 [2010] on Labour Relations. (Chaper VII, Section 46)
    • Ministry of Labour Decree No. 8/1974 concerning the protection of the health and safety of workers. (Article 4)
  - 5.1.5 Training and information on risks
    Summary/citation: The employer shall provide training for workers or employees in the proper methods of performing their work. He shall inform them of any risks involved before they start work and shall require them to use appropriate protective equipment to be provided by him.
    • Law No. 12 of 1378 [2010] on Labour Relations. (Part 1, Chapter 5, Section 39)
  - 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: The workers shall observe regulations relating to safety and security at work and comply with the instructions issued to safeguard workers’ health and protect them against injuries.
  A worker shall use the necessary protective equipment and take care of it. He shall comply with the occupational health and safety instructions to avoid injury; he shall not commit any act that would prevent or hinder the execution of instructions, or misuse or damage the means provided for workers’ protection and safety.
  • Law No. 12 of 1378 [2010] on Labour Relations. (Part 1, Chapter 2, Section 11, Paragraph 11; Part 1, Chapter 5, Section 39)
- 7.2 Duty to take reasonable steps to protect the safety and health of others
  No data available.
- 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: The workers shall observe regulations relating to safety and security at work and comply with the instructions issued to safeguard workers’ health and protect them against injuries.
  • Law No. 12 of 1378 [2010] on Labour Relations. (Chapter 2, Section 11)
- 7.7 Right to enquire about risks and preventive measures
  No data available.
- 7.8 Right to remove themselves from a dangerous situation
  Summary / Citation: A worker may leave his employment without notice in the following cases:
  1. if the employer breaches his basic obligations under the provisions of this Act;
  2. If a grave danger threatens the worker's safety or health and the employer was aware of the danger and failed, in due time, to take the safety measures decided or those ordered by the competent authorities.
  • Law No. 12 of 1378 [2010] on Labour Relations. (Part 3, Chapter 1, Section 75, Paragraphs 1 and 5)
- 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: A Consultative Committee shall be established with the mandate of making recommendations and advising on labour matters.
  • Law No. 12 of 1378 [2010] on Labour Relations. (Part 1, Chapter 2, Section 18, Paragraph 3)
  - 8.1.1 Objectives, roles and/or functions
    Summary / Citation: The Consultative Committee shall deal with the following matters in particular:
    1. proposals concerning labour legislation;
    2. proposals concerning the functioning of work and upgrading of production efficiency;
    3. improvement of working conditions;
    4. oversight of vocational training policy in accordance with the general levels established for industry;
    5. organization of labour relations between workers and employers and facilitation of opportunities for cooperation between the parties.
    • Law No. 12 of 1378 [2010] on Labour Relations. (Part 1, Chapter 2, Section 18, Paragraph 3)
  - 8.1.2 Constitution and chairmanship modalities
    Summary / Citation: A specific regulation in relation to the composition of this Committee shall be issued.
    • Law No. 93/1976 on industrial safety and the protection of workers. (Article 16)
- 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
  No data available.
  - 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
  No data available.
  - 8.4.1 Right to inspect the workplace
    No data available.
  - 8.4.2 Right to access OSH information
    No data available.
  - 8.4.3 Right to be present at interviews
    No data available.
  - 8.4.4 Right to receive professional assistance from OSH experts
    No data available.
  - 8.4.5 Right to accompany inspectors
    No data available.
  - 8.4.6 Right to use facilities
    No data available.
  - 8.4.7 Right to have time off work with pay to perform duties
    No data available.
  - 8.4.8 Right to issue remedial notices
    No data available.
  - 8.4.9 Right to resolve OSH issues in consultation with employers
    No data available.
  - 8.4.10 Right to direct that dangerous work cease
    No data available.
- 8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace
  No data available.
  - 8.5.1 Right to enter the workplace
    No data available.
  - 8.5.2 Right to investigate suspected non-compliance with OSH legislation
    No data available.
  - 8.5.3 Right to consult with workers
    No data available.
  - 8.5.4 Right to advise workers
    No data available.
  - 8.5.5 Right to initiate enforcement action
    No data available.
- 8.6 Joint OSH Committee
  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
  No data available.
- 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
  Sometimes.
  - 9.2.1 Handling, storage, labelling and use
    Yes.
    • Ministry of Labour Decree No. 8/1974 concerning the protection of the health and safety of workers.
  - 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.
    • Pesticides Regulation implemented by Resolution No. 76 of the Secretary of the General popular Committee for Agrarian Reform.
- 9.3 Ergonomic hazards
  No data available.
- 9.4 Physical hazards
  Sometimes.
  - 9.4.1 Ionising radiation
    Yes.
    • Law No. 2 of 1982 on the regulation of the use of, and protection against, ionising radiation.
  - 9.4.2 Vibration and noise
    Yes.
    • Ministry of Labour Decree No. 8/1974 concerning the protection of the health and safety of workers. (Article 1, Paragraph C)
  - 9.4.3 Working at height
    No data available.
  - 9.4.4 Working in confined spaces
    Yes.
    • Ministry of Labour Decree No. 8/1974 concerning the protection of the health and safety of workers. (Article 10)
  - 9.4.5 Risks arising from poor maintenance of workplace facilities
    Yes.
    • Law No. 2 of 1982 on the regulation of the use of, and protection against, ionising radiation.
  - 9.4.6 Exposure to extreme temperatures
    Yes.
    • Ministry of Labour Decree No. 8/1974 concerning the protection of the health and safety of workers. (Article 1, Paragraph B; Article 9)
  - 9.4.7 Fire risks
    Yes.
    • Ministry of Labour Decree No. 8/1974 concerning the protection of the health and safety of workers. (Article 10, Article 11)
  - 9.4.8 Tobacco
    Summary / Citation: Smoking is prohibited in public work settings.
    • Decision No. (206) for 2009 by the General People’s Committee Approving Rulings on the Control of Smoking, Tobacco and All Tobacco Products
  - 9.4.9 Asbestos
    No data available.
  - 9.4.10 Risks related to nanotechnology
    No data available.
  - 9.4.11 Contraction of HIV in the workplace
    Summary / Citation: This Act introduces the Chapter 18 which provides for the control of Human Immunodeficiency Virus (HIV) and Acquired Immunodeficiency Syndrome (AIDS).
    • Public Health Law (Amendment) Act, 2010.
- 9.5 Psychosocial hazards
  Sometimes.
  - 9.5.1 Psychosocial risks
    No data available.
  - 9.5.2 Occupational violence
    Summary / Citation: No worker shall commit or incite to commit an act which is deemed to be sexual harassment.
    • Law No. 12 of 1378 [2010] on Labour Relations. (Part 1, Chapter 2, Section 11, Paragraph 10)
- 9.6 Other hazardous substances
  Yes.
  • Ministry of Labour Decree No. 8/1974 concerning the protection of the health and safety of workers. (Article 1, Paragraph D)
- 9.7 Machineries
  Sometimes.
  - 9.7.1 Risks related to machinery and tools
    Summary / Citation: The employer is required to provide guarding and protective equipment to machinery.
    • Ministry of Labour Decree No. 8/1974 concerning the protection of the health and safety of workers. (Articles 3- 6, Article 8)
  - 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: The law just mentions that: "Women workers shall not be employed in types of work that are unsuited to their nature as women, to be defined in regulations issued by the General People’s Committee."
    • Law No. 12 of 1378 [2010] on Labour Relations. (Part 1. Chapter 3, Section 24)
  - 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: Women workers shall not be employed in types of work that are unsuited to their nature as women, to be defined in regulations issued by the General People’s Committee.
    
    • Law No. 12 of 1378 [2010] on Labour Relations. (Part 1. Chapter 3, Section 24)
  - 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age
    Summary / Citation: Young persons under the age of 18 shall not perform any type of work. Those under the age of 16 can be employed for the purpose of vocational training. The employment of adolescents is further regulated.
    • Law No. 12 of 1378 [2010] on Labour Relations. (Part 1, Chapter 3, Section 27-29)
    Related CEACR Comments
    • Minimum Age Convention, 1973 (No. 138) Direct Request 2005
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: Statistics about occupational accidents should be submitted every 3 months to the required authorities.
    • Ministry of Labour Decree No. 8/1974 concerning the protection of the health and safety of workers. (Article 23)
  - 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
  Summary / Citation: An employer shall inform the employment office in writing within 48 hours of any accident causing the death or incapacity of a worker.
  • Law No. 12 of 1378 [2010] on Labour Relations. (Part 1, Chapter 5, Section 40)
  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2010
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
11 OSH inspection and enforcement of OSH legislation
- 11.1 Appointment of OSH inspectors
  Summary / Citation: Employees appointed by decision of the General People’s Committee on the basis of a nomination by the competent authority shall be entitled to inspect places of work governed by the provisions" of the Law on Labour Relations.
  The officials authorized to carry out inspection shall be vested with the powers of officers of the court in regard to the application of the provisions of this Act, its implementing regulations and the decisions issued under it. They shall carry identity cards as proof of their official capacity.
  Remarks / comments: Employee is defined as any person holding a post on the staff of an administrative unit.
  • Law No. 12 of 1378 [2010] on Labour Relations. (Part 2, Chapter 5, Section 110)
- 11.2 OSH inspectors’ powers
  Yes.
  - 11.2.1 Power to enter workplaces
    Summary / Citation: Labour inspectors shall have the right to enter workplaces, during working hours, by day or night, in order to perform their duties freely and without prior notification.
    • Law No. 12 of 1378 [2010] on Labour Relations. (Part 2, Chapter 5, Section 112)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2010
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  - 11.2.2 Power to inspect and carry out any examination, test or enquiry
    Summary / Citation: Labour inspectors shall have the right to inspect, investigate and review registers, ledgers or any other documents related to work or workers, to make copies of them and to request data and information relevant to the performance of their duties.
    • Law No. 12 of 1378 [2010] on Labour Relations. (Part 2, Chapter 5, Section 112)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2010
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  - 11.2.3 Power to investigate
    Summary / Citation: Labour inspectors shall have the right to inspect, investigate and review registers, ledgers or any other documents related to work or workers, to make copies of them and to request data and information relevant to the performance of their duties.
    • Law No. 12 of 1378 [2010] on Labour Relations. (Part 2, Chapter 5, Section 112)
  - 11.2.4 Duty to provide advice on OSH
    Summary / Citation: Labour inspectors shall provide information, technical advice and guidance to employers and workers as required for the correct implementation of this Act.
    • Law No. 12 of 1378 [2010] on Labour Relations. (Part 2, Chapter 5, Section 111)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2010
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
- 11.3 OSH inspectors’ enforcement powers
  Sometimes.
  - 11.3.1 Power to issue orders or notices
    Summary / Citation: The officials authorized to carry out inspection shall be vested with the powers of officers of the court in regard to the application of the provisions of the Law on Labour Relations and the relevant implementing decisions.
    They shall identify violations of this Act and its implementing decisions and take the necessary action. They shall notify the competent authority of any shortcomings in the provisions in force and submit the necessary proposals to remedy them as well.
    • Law No. 12 of 1378 [2010] on Labour Relations. (Part 2, Chapter 5, Sections 110, 111)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2010
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  - 11.3.2 Power to impose financial penalties
    Summary / Citation: The officials authorized to carry out inspection shall be vested with the powers of officers of the court in regard to the application of the provisions of the Law on Labour Relations and the relevant implementing decisions.
    They shall identify violations of this Act and its implementing decisions and take the necessary action. They shall notify the competent authority of any shortcomings in the provisions in force and submit the necessary proposals to remedy them as well.
    Remarks / comments: The sums accruing from the application of the penalties prescribed in this section shall be collected by the labour inspectors (Art. 121).
    • Law No. 12 of 1378 [2010] on Labour Relations. (Part 2, Chapter 5, Sections 110, 111)
  - 11.3.3 Power to revoke or suspend licenses or authorisations
    Summary / Citation: The officials authorized to carry out inspection shall be vested with the powers of officers of the court in regard to the application of the provisions of the Law on Labour Relations and the relevant implementing decisions.
    They shall identify violations of this Act and its implementing decisions and take the necessary action. They shall notify the competent authority of any shortcomings in the provisions in force and submit the necessary proposals to remedy them as well.
    • Law No. 12 of 1378 [2010] on Labour Relations. (Part 2, Chapter 5, Sections 110, 111)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2010
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  - 11.3.4 Power to require the cessation of dangerous work
    Summary / Citation: The officials authorized to carry out inspection shall be vested with the powers of officers of the court in regard to the application of the provisions of the Law on Labour Relations and the relevant implementing decisions.
    They shall identify violations of this Act and its implementing decisions and take the necessary action. They shall notify the competent authority of any shortcomings in the provisions in force and submit the necessary proposals to remedy them as well.
    • Law No. 12 of 1378 [2010] on Labour Relations. (Part 2, Chapter 5, Sections 110, 111)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2010
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  - 11.3.5 Power to initiate prosecutions
    Summary / Citation: The officials authorized to carry out inspection shall be vested with the powers of officers of the court in regard to the application of the provisions of the Law on Labour Relations and the relevant implementing decisions.
    They shall identify violations of this Act and its implementing decisions and take the necessary action. They shall notify the competent authority of any shortcomings in the provisions in force and submit the necessary proposals to remedy them as well.
    • Law No. 12 of 1378 [2010] on Labour Relations. (Part 2, Chapter 5, Sections 110, 111)
  - 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: Without prejudice to any more severe penalty prescribed in the Penal Code or any other Law, persons subject to the provisions of this Part shall be punishable as follows:
    1. Any person infringing the provisions of sections 6,7 and 55 of this Act shall be liable to a fine of not less than 1,000 dinars (740 USD approx.) and not more than 2,000 dinars (1480 USD approx.).
    2. Any person infringing the provisions of sections 13, 24, 27, 28, 38 and 39 of this Act shall be liable to a fine of not less than 500 dinars (370 USD approx.) and not more than 1,000 dinars (740 USD approx.).
    3. Any person infringing the provisions of the other sections of Parts 1 and 3 of this Act and the regulations and decisions promulgated for its implementation shall be liable to a fine of not less than 200 dinars (148 USD approx.) and not more than 500 dinars (370 USD approx.).
    In all cases the fines shall be multiplied by the number of persons against whom the violation was committed. In addition, labour inspectors shall attempt to put an end to the violations by administrative means. The sums accruing from the application of the penalties prescribed in this section shall be collected by the labour inspectors.
    • Law No. 12 of 1378 [2010] on Labour Relations. (Part 3, Chapter 7, Section 121)
  - 11.4.2 Financial penalties for natural persons
    Summary / Citation: Without prejudice to any more severe penalty prescribed in the Penal Code or any other Law, persons subject to the provisions of this Part shall be punishable as follows:
    1. Any person infringing the provisions of sections 6,7 and 55 of this Act shall be liable to a fine of not less than 1,000 dinars (740 USD approx.) and not more than 2,000 dinars (1480 USD approx.).
    2. Any person infringing the provisions of sections 13, 24, 27, 28, 38 and 39 of this Act shall be liable to a fine of not less than 500 dinars (370 USD approx.) and not more than 1,000 dinars (740 USD approx.).
    3. Any person infringing the provisions of the other sections of Parts 1 and 3 of this Act and the regulations and decisions promulgated for its implementation shall be liable to a fine of not less than 200 dinars (148 USD approx.) and not more than 500 dinars (370 USD approx.). In all cases the fines shall be multiplied by the number of persons against whom the violation was committed. In addition, labour inspectors shall attempt to put an end to the violations by administrative means. The sums accruing from the application of the penalties prescribed in this section shall be collected by the labour inspectors.
    • Law No. 12 of 1378 [2010] on Labour Relations. (Part 3, Chapter 7, Section 121)
  - 11.4.3 Non-financial sanctions
    Summary / Citation: In addition, labour inspectors shall attempt to put an end to the violations by administrative means.
    • Law No. 12 of 1378 [2010] on Labour Relations. (Part 3, Chapter 7, Section 121)
  - 11.4.4 Criminal liability
    Summary / Citation: Minimum: not specified
    Maximum: two years
    • Law No. 93/1976 on industrial safety and the protection of workers. (Article 19)
    • Criminal Code of Libya (Book 4, Chapter 1, Article 467)
  - 11.4.5 Terms of imprisonment for natural persons
    Summary / Citation: Minimum: not specified
    Maximum: two years
    • Law No. 93/1976 on industrial safety and the protection of workers. (Article 19)

Libya - 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

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

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