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Occupational Safety and Health (OSH)

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Lesotho - 2013

Themes

1 Description of national OSH regulatory framework
- 1.1 Description of OSH regulatory framework
  Summary/citation: Legal provisions pertaining to occupational safety and health in the Kingdom of Lesotho are contained primarily in two pieces of legislation. These are the Labour Code and the Mine Safety Act 4 of 1981. Occupational safety and health is provided for in Part VII (Health, Safety and Welfare at Work) and schedule six alongside other broader labour matters regulated by the Labour Code. A point worth noting is that in Lesotho the term used to refer to officials who fulfil the functions normally executed by labour inspectors is ‘labour officers’. There are other laws and regulations on specific themes such as the Noise Regulations and Spray painting regulations or the Mine Safety Act, that regulates occupational safety and health matters in the mining sector.
  • Labour inspection country profile of Lesotho
  • Occupational safety and health country profile: Lesotho
  • Website of the Organisation of South Africal Libraries
  • Labour Code (Construction Safety) Regulations, 2002 (Legal Notice No. 145 of 2002).
  • Noise Regulations, 1996.
  • Spray Painting Regulations 1996 (L.N. No. 138 of 1996).
  • Workmen's Compensation (Amendment) Act 1993 (No. 3 of 1993)
  • Labour Code Order 1992 (Order No. 24 of 1992)
  • Mine Safety Act 1981 (Act No. 4 of 1981).
2 Scope, coverage and exclusions
- 2.1 Health and safety covers physical and psychological health
  Summary/citation: The Constitution of Lesotho directs that "Lesotho shall adopt policies aimed at ensuring the highest attainable standard of physical and mental health for its citizens, including policies designed to improve environmental and industrial hygiene; provide for the prevention, treatment and control of epidemic, endemic, occupational and other diseases".
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 2.2 Definition of worker
  Summary/citation: Employee is defined as any person who works under a contract with an employer in either an urban or a rural setting, and includes any person working under or on behalf of a government department or other public authority.
  • Labour Code Order 1992 (Order No. 24 of 1992) (§ 3)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 2.2.1 Coverage of particular categories of workers
    Sometimes.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    - 2.2.1.1 Migrant workers
      Summary/citation: The definition of 'employee' is broad enough to include internal migrants. In addition, the definition includes migrants as the Code specifically regulates the employment of international migrants.
      • Labour Code Order 1992 (Order No. 24 of 1992) (§ 3 read with § 165 and Schedule 5)
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    - 2.2.1.2 Domestic workers
      Summary/citation: The definition of 'employee' is broad enough to include domestic workers. In addition, the Code defines "domestic servants".
      • Labour Code Order 1992 (Order No. 24 of 1992) (§ 3 )
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    - 2.2.1.3 Home workers
      No data available.
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    - 2.2.1.4 Self-employed persons
      No data available.
- 2.3 Definition of employer
  Summary/citation: Employer is defined as any person or undertaking, corporation, company, public authority or body of persons who or which employs any person to work under a contract.
  • Labour Code Order 1992 (Order No. 24 of 1992) (§ 3 )
- 2.4 Exclusion of branches of economic activity
  Sometimes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 2.4.1 Agriculture
    Summary/citation: Agriculture is not excluded from the scope of the OSH legislation.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 2)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 2.4.2 Construction
    Summary/citation: Construction is not excluded from the scope of the OSH legislation.
    • Labour Code (Construction Safety) Regulations, 2002 (Legal Notice No. 145 of 2002).
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 2)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    • Safety and Health in Construction Convention, 1988 (No. 167) Observation 2005
    • Safety and Health in Construction Convention, 1988 (No. 167) Direct Request 2021
  - 2.4.3 Services
    Summary/citation: Services are not excluded from the scope of the OSH legislation.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 2)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 2.4.4 Public sector
    Summary/citation: The Code shall not apply to
    (a) any person (other than a person employed in a civil capacity) who is a member of
    (i) the Royal Lesotho Defence Force;
    (ii) the Royal Lesotho Mounted -Police; or
    (iii) any other disciplined force within the meaning of Chapter II of the Lesotho Independence Order of 1966;
    (b) such category or class of public officer, such public authority or employee thereof as the Minister may by order specify and to the extent therein specified.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 2)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 2.4.5 Other
    Summary/citation: There is an Act governing mine safety.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 2)
    • Mine Safety Act 1981 (Act No. 4 of 1981).
- 2.5 Definition of occupational accident
  No.
- 2.6 Definition of occupational disease
  Sometimes.
  - 2.6.1 List of occupational diseases
    Summary/citation: Workmen's compensation law provides a list of occupational diseases.
    • Workmen's Compensation (Amendment) Act 1993 (No. 3 of 1993) (First Schedule)
  - 2.6.2 Mechanism for compensating other diseases as occupational ones
    Summary/citation: The Minister is empowered to declare any disease in respect of any class or description of work to be an occupational disease subject to compensation.
    • Workmen's Compensation (Amendment) Act 1993 (No. 3 of 1993) (§ 37(2))
3 Institutions and programmes relating to OSH administration and/or enforcement
- 3.1 Competent national authority for safety and health at work
  Summary/citation: (1) The Minister of Labour shall be entitled to exercise any power authorised by the Code or any other written law.
  (2) The Minister may appoint any of the persons or bodies whose appointment is provided for by the Code.
  There shall be a Labour Commissioner and there may be such other officers as may be necessary for the purposes of the administration of the Code, whose offices shall be offices in the public service.
  The Labour Code requires the Minister to appoint a National Advisory Council for Occupational Safety, Health and Welfare.
  • Labour Code Order 1992 (Order No. 24 of 1992) (§ 11, §12, § 46)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 3.1.1 Objectives, roles and/or functions
    Summary/citation: For the purpose of giving advice and assistance to the Minister and the National Advisory Committee on Labour in respect of matters affecting the safety, health and welfare of persons at work, or any other persons whose safety, health and welfare may be affected by work activities, the Minister shall appoint a National Advisory Council for Occupational Safety, Health and Welfare.
    The Council shall review and advise the Minister and the National Advisory Committee on Labour on the operation of any legislation or regulations relating to employees' health, safety and welfare at work.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 46 (1), §46 (2))
  - 3.1.2 Chairperson and composition
    Summary/citation: (3) The Council shall consist of
    (a) a Chairman
    (b) four members representing Government;
    (c) four members representing employers;
    (d) four members representing employees; and
    (e) two members having wide experience in occupational safety, health and welfare.
    (4) The Chairman and members of the Council shall be appointed by the Minister for such period and on such terms and conditions as the Minister may determine.
    (5) Before appointing any member specified in subsection (3) (c) or (d), the Minister shall consult representative organisations of employers and employees.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§46 (3), § 46(4), §46(5))
- 3.2 National OSH research programme or institute
  No data available.
  - 3.2.1 Objectives, roles and/or functions
    No data available.
  - 3.2.2 Governance board constitution and chairmanship
    No data available.
  - 3.2.3 Source of funding
    No data available.
- 3.3 National OSH programme
  No data available.
  - 3.3.1 Consultation on the national OSH programme
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
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: Every employer has a duty, so far as is reasonably practicable, to ensure the safety, health and welfare at work of all of his or her employees.
  • Labour Code Order 1992 (Order No. 24 of 1992) (§ 93(1))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 4.2 Duty to protect the health and safety of people other than their own employees
  Summary/citation: Every employer also has a duty to conduct his or her undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his or her employment who may be affected thereby are not exposed to risks to their safety or health.
  • Labour Code Order 1992 (Order No. 24 of 1992) (§ 93(3))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 4.3 Collaboration among two or more employers at the same workplace
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 4.4 Surveillance of workers’ health in relation to work
  Summary / Citation: (1) Every employee who enters into a contract of foreign service shall be medically examined before the contract is attested. Such examination shall take place at the place of recruitment or attestation as the case may be.
  
  (2) Every person who is required under the provisions of the Code to be medically examined shall appear for examination by a registered medical practitioner at the time and place notified by the employer or labour agent as the case may be. Such medical examination shall have relation to the fitness of the employee or recruit to undertake the work he or she has contracted or been recruited to do. The report of such medical examination shall be sent by the medical practitioner to the employer or labour agent who shall thereupon present the report to the attesting officer concerned; the employee or recruit shall be informed of the results of the medical examination.
  
  (3) It shall be the duty of every employer and labour, agent to ensure that any employee or recruited person engaged or recruited who has to be medically examined in accordance with the provisions of the Code is so examined. Except as regards notification provided by subsection (3), the results of the medical examination shall remain confidential.
  • Labour Code Order 1992 (Order No. 24 of 1992) ( § 157)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 4.4.1 Specific hazards for which surveillance is required
    Summary / Citation: Employees exposed to ionising radiation have a right to be medically examined free of charge at intervals of not more than six months or at such intervals as the Labour Commissioner may direct in writing.
    Every employee who may during the course of his or her work inhale, ingest or otherwise absorb any substance specified in the Sixth Schedule to the Code shall be medically examined free of charge at intervals of not more than six months or at such intervals as the Labour Commissioner may direct in writing.
    (b) A register shall be kept at each place of work in which shall be entered the name, address, date of birth, date of employment, date and result of examination of every person examined in pursuance of paragraph (a) as well as any action taken.
    • Labour Code (Amendment) Act, 2006 (Act No. 5 of 2006). (tem 32(6) of Schedule 6, § 105)
- 4.5 Surveillance of the working environment and working practices
  Summary / Citation: (1) Every employer shall, so far as is reasonably practicable, ensure the safety, health and welfare at work of all of his or her employees.
  (2) Without prejudice to the generality of an employer's duty under subsection (1), the matters to which that duty extends shall include in particular
  (a) the provision and maintenance of a working environment for his or her employees that is, so far as is reasonably practicable, clean, safe, without risks to health and adequate as regards sanitary facilities and arrangements for their welfare at work;
  • Labour Code Order 1992 (Order No. 24 of 1992) (§ 93 (1), § 93 (2))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 4.6 Duty to provide personal protective equipment
  Summary / Citation: Where any process carried out at a place of work or where the nature of the worker's employment, or any substance used therein is likely to cause a person bodily injury, or impairment of health and these occurrences cannot be prevented by other means, he or she shall be provided with such suitable and appropriate personal protective equipment, protective clothing and accessories (including, where appropriate, caps, gloves, leggings, eye and ear protection, footwear and protective ointment) as will protect him or her from risk of harm or injury.
  (2) Such personal protective equipment, protective clothing, and accessories shall be provided at no charge to the employee and shall be maintained and renewed by the employer as necessary. The employer may none the less require the employee, at the latter's own expense, to wash (but not to dry-clean) protective clothing that does not carry a residue of a hazardous substance.
  • Labour Code Order 1992 (Order No. 24 of 1992) (§ 109(1))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 4.7 Duty to ensure the usage of personal protective equipment
  Summary / Citation: There appears to be a duty on the employee as the law states that every employee shall, while at work wear any protective equipment or clothing provided by the employer at all times when there is a risk of bodily injury against which the equipment or clothing affords protection.
  • Mine Safety Act 1981 (Act No. 4 of 1981). (§ 94)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 4.8 Duty to provide first-aid and welfare facilities
  Yes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 4.8.1 Arrangements for first-aid
    Summary / Citation: Every employer shall at his or her own expense furnish and maintain at the place of employment equipment and facilities for the rendering of first aid to his or her employees (..).
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 93(5))
    • Mine Safety Act 1981 (Act No. 4 of 1981). (§ 19)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 4.8.2 Sanitary installations
    Summary / Citation: Employers are required to provide and maintain a working environment for his or her employees that is, so far as is reasonably practicable, clean, safe, without risks to health and adequate as regards sanitary facilities and arrangements for their welfare at work. The employer must also provide washing facilities. Item 8 of Schedule 6 lays down standards for sanitary conveniences.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 93.2)
    • Mine Safety Act 1981 (Act No. 4 of 1981). (§ 18)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 4.8.3 Drinking water
    Summary / Citation: Every employer is required to ensure that there is available at the place of employment an adequate supply of potable drinking water for the use of the employees.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 110 and Item 9 of Schedule 6)
    • Mine Safety Act 1981 (Act No. 4 of 1981). (§ 17)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 4.8.4 Rest and eating areas
    Summary / Citation: Employers must provide and maintain suitable seats for employees as well as adequate facilities for the taking of meals.
    • Labour Code Order 1992 (Order No. 24 of 1992) ( Items 12 and 13 of Schedule 6)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
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
    Summary/citation: Every employer of more than 100 persons at any place of work is required to appoint a registered safety and health officer for the purpose of exercising general supervision regarding compliance with OSH provisions and promote the safe conduct of the work. In addition, the Labour Commissioner can require an employer who employs less than 100 persons to appoint a registered safety and health officer if it is expedient to do so due to the dangerous nature of the plant, process or substances used by the employer.
    The employer, for the purpose of promoting cooperation between the employer and the employees in achieving and maintaining safe and healthy working conditions, shall appoint a senior member of the management staff to be responsible for safety, health and welfare at the place of work, if the employer is unable to perform such duties personally.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 97, § 98)
  - 5.1.3 Written risk assessment
    No.
  - 5.1.4 Safe operating work systems and procedures
    Summary/citation: Every employer shall, so far as is reasonably practicable, ensure the safety, health and welfare at work of all of his or her employees.
    Without prejudice to the generality of the above mentioned duty, the matters to which that duty extends shall include in particular the provision and maintenance of a working environment and plant and systems of work that are clean, safe, without risks to health and adequate as regards sanitary facilities and arrangements for their welfare at work; measures to ensure safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances; and maintenance of any place of work under the employer's control, including the means of access to and egress from it, in a condition that is safe and without risks to health.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 93(2))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 5.1.5 Training and information on risks
    Summary/citation: Employers are required to provide information, instruction, training and supervision that is necessary to ensure, so far as is reasonably practicable, the safety and health at work and of employees.
    
    No person shall work at any machine whose operation may pose a risk of injury, unless he or she has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed, and
    (a) has received sufficient training in work at the machine; or
    (b) is under adequate supervision by a person who has a thorough knowledge and experience of the machine.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 93(2), § 103 (1))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 5.1.6 Review or assessment of the results of preventive measures
    Summary/citation: Every employer shall consult representatives of his or her employees who sit on the safety and health committee as provided by section 98, with a view to the making and maintenance of arrangements which will effectively promote measures to ensure the safety and health at work of the employees, and in checking the effectiveness of such measures.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 98(4))
  - 5.1.7 Consultation with workers in health and safety
    Summary/citation: Every employer must consult representatives of his or her employees who sit on the safety and health committee to make and maintain arrangements to effectively promote measures to ensure the safety and health at work of the employees, and in checking the effectiveness of such measures.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 93(4))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 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
  Sometimes.
  - 6.1.1 Requirement to access expert advice and/or support in health and safety
    Summary / Citation: Every employer of more than 100 persons at any place of work is required to appoint a registered safety and health officer for the purpose of exercising general supervision regarding compliance with OSH the provisions and generally to promote the safe conduct of the work. In addition, the Labour Commissioner can require an employer who employs less than 100 persons to appoint a registered safety and health officer if it is expedient to do so due to the dangerous nature of the plant, process or substances used by the employer.
    
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 97)
    - 6.1.1.1 Qualifications of experts or professional services
      Summary / Citation: The law empowers the Labour Minister to make regulations setting forth the necessary qualifications of safety and health officers.
      • Labour Code Order 1992 (Order No. 24 of 1992) (§ 97(5))
- 6.2 Appointment of an OSH practitioner
  Sometimes.
  - 6.2.1 Workforce size threshold for the appointment of OSH practitioners
    Summary/citation: Every employer of more than 100 persons at any place of work is required to appoint a registered safety and health officer for the purpose of exercising general supervision regarding compliance with OSH the provisions and generally to promote the safe conduct of the work. In addition, the Labour Commissioner can require an employer who employs less than 100 persons to appoint a registered safety and health officer if it is expedient to do so due to the dangerous nature of the plant, process or substances used by the employer.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 97)
7 Workers' rights and duties
- 7.1 Duty to take reasonable steps to protect their own safety and health
  Summary / Citation: Every employee shall, while at work, take reasonable care for the safety and health of himself or herself and of other persons who may be affected by his or her acts or omissions at work.
  • Labour Code Order 1992 (Order No. 24 of 1992) (§ 94)
- 7.2 Duty to take reasonable steps to protect the safety and health of others
  Summary / Citation: Every employee shall, while at work, take reasonable care for the safety and health of himself or herself and of other persons who may be affected by his or her acts or omissions at work.
  • Labour Code Order 1992 (Order No. 24 of 1992) (§ 94)
- 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: Every employee shall, while at work, take reasonable care for the safety and health of himself or herself and of other persons who may be affected by his or her acts or omissions at work; co-operate with his or her employer in the discharge of any duty or requirement placed upon the employer under the Labour Code (which includes provisions on OSH); to wear any protective equipment or clothing provided by the employer; to report to the employer the loss, destruction or other defect in the protective equipment or clothing; and not to smoke at the place of work, except at specific areas demarcated for that purpose.
  • Labour Code Order 1992 (Order No. 24 of 1992) (§ 94)
- 7.7 Right to enquire about risks and preventive measures
  Summary / Citation: Employers have a duty to provide such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the safety and health at work of his or her employees.
  No person shall work at any machine whose operation may pose a risk of injury, unless he or she has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed, and
  (a) has received sufficient training in work at the machine; or
  (b) is under adequate supervision by a person who has a thorough knowledge and experience of the machine.
  • Labour Code Order 1992 (Order No. 24 of 1992) (§ 93(2) ,§ 103 (1))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 7.8 Right to remove themselves from a dangerous situation
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 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: The Labour Code requires the Minister to appoint a National Advisory Council for Occupational Safety, Health and Welfare.
  • Labour Code Order 1992 (Order No. 24 of 1992) (§ 46)
  - 8.1.1 Objectives, roles and/or functions
    Summary / Citation: For the purpose of giving advice and assistance to the Minister and the National Advisory Committee on Labour in respect of matters affecting the safety, health and welfare of persons at work, or any other persons whose safety, health and welfare may be affected by work activities, the Minister shall appoint a National Advisory Council for Occupational Safety, Health and Welfare.
    The Council shall review and advise the Minister and the National Advisory Committee on Labour on the operation of any legislation or regulations relating to employees' health, safety and welfare at work.
    • Labour Code (Construction Safety) Regulations, 2002 (Legal Notice No. 145 of 2002). (§ 46 (1), §46 (2))
  - 8.1.2 Constitution and chairmanship modalities
    Summary / Citation: (3) The Council shall consist of
    (a) a Chairman
    (b) four members representing Government;
    (c) four members representing employers;
    (d) four members representing employees; and
    (e) two members having wide experience in occupational safety, health and welfare.
    (4) The Chairman and members of the Council shall be appointed by the Minister for such period and on such terms and conditions as the Minister may determine.
    (5) Before appointing any member specified in subsection (3) (c) or (d), the Minister shall consult representative organisations of employers and employees.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 46 (3), §46 (4), § 46 (5))
- 8.2 Employers’ duty to consult workers on risks
  Summary / Citation: Employers are under a duty to consult representatives of employees who sit on the safety and health committee to make and maintain arrangements to effectively promote measures to ensure the safety and health at work of the employees, and in checking the effectiveness of such measures.
  • Labour Code Order 1992 (Order No. 24 of 1992) (§ 96 (4))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 8.3 Workers’ right to select their representatives for health and safety matters
  Summary / Citation: Workers have the right to choose their representatives in the safety and health committee established to promote co-operation between the employer and the employees in achieving and maintaining safe and healthy working conditions.
  • Labour Code Order 1992 (Order No. 24 of 1992) (§ 98(4))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 8.3.1 Workforce size conditions for workers’ representation in health and safety
    Summary / Citation: Safety and health committees are to be established by every employer who employs more than 15 persons at a place of work. However, the Labour Commissioner can require an employer who employs less than 15 persons to establish a safety and health committee due to the dangerous nature of the plant, process or substances used by the employer.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 98)
  - 8.3.2 Conditions of eligibility to represent workers in health and safety
    Summary / Citation: The law empowers the Labour Minister to make regulations setting forth the necessary qualifications of safety and health officers.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 97(5))
- 8.4 OSH representatives’ functions, rights and powers
  Sometimes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 8.4.1 Right to inspect the workplace
    Summary / Citation: The registered safety and health officer is empowered to carry out an inspection of the place of work and the processes, and record the findings in a register to be provided by the employer for that purpose.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 97(3))
  - 8.4.2 Right to access OSH information
    Summary / Citation: Employers are under a duty to consult representatives of employees who sit on the safety and health committee to make and maintain arrangements to effectively promote measures to ensure the safety and health at work of the employees, and in checking the effectiveness of such measures.
    Restrictions / obligations: Every employer of more than 15 persons at any place of work shall establish a safety and health committee for the purpose of promoting co-operation between the employer and the employees in achieving and maintaining safe and healthy working conditions. However, the Labour Commissioner may require that an employer who employs less than 15 persons should establish due to the dangerous nature of the plant, process or substances used by at any place of work.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 96(4), § 98, )
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 8.4.3 Right to be present at interviews
    No data available.
  - 8.4.4 Right to receive professional assistance from OSH experts
    Summary / Citation: Employers are required to allocate or allow sufficient time and adequate resources to the registered safety and health officer to exercise general supervision regarding compliance with health, safety and welfare at work. Employers are further required to provide the safety and health committee with facilities and assistance required for the purpose of carrying out its functions, including the inspection of the work premises and machinery.
    • Labour Code (Construction Safety) Regulations, 2002 (Legal Notice No. 145 of 2002). (§ 97(3), § 98(3))
  - 8.4.5 Right to accompany inspectors
    No data available.
  - 8.4.6 Right to use facilities
    Summary / Citation: Employers are required to allocate or allow sufficient time and adequate resources to the registered safety and health officer to exercise general supervision regarding compliance with health, safety and welfare at work. Employers are further required to provide the safety and health committee with facilities and assistance required for the purpose of carrying out its functions, including the inspection of the work premises and machinery.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 97(3), § 98(3))
  - 8.4.7 Right to have time off work with pay to perform duties
    Summary / Citation: Employers are required to allocate or allow sufficient time and adequate resources to the registered safety and health officer to exercise general supervision regarding compliance with health, safety and welfare at work. Safety and health committee meetings are held during working hours and employees cannot lose any pay on account of time spent on functions of a health and safety committee.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 97(3), § 98(4 ), § 98 (5))
  - 8.4.8 Right to issue remedial notices
    No data available.
  - 8.4.9 Right to resolve OSH issues in consultation with employers
    Summary / Citation: Employers are under a duty to consult representatives of employees who sit on the safety and health committee to make and maintain arrangements to effectively promote measures to ensure the safety and health at work of the employees, and in checking the effectiveness of such measures.
    Restrictions / obligations: Every employer of more than 15 persons at any place of work shall establish a safety and health committee for the purpose of promoting co-operation between the employer and the employees in achieving and maintaining safe and healthy working conditions. However, the Labour Commissioner may require that an employer who employs less than 15 persons should establish due to the dangerous nature of the plant, process or substances used by at any place of work.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 96 (4),§ 98)
  - 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.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 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.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 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
  Summary / Citation: Every employer of more than 15 persons at any place of work shall establish a safety and health committee for the purpose of promoting co-operation between the employer and the employees in achieving and maintaining safe and healthy working conditions. However, the Labour Commissioner may require that an employer who employs less than 15 persons should establish due to the dangerous nature of the plant, process or substances used by at any place of work.
  • Labour Code Order 1992 (Order No. 24 of 1992) (§ 98(1), §98 (2))
  - 8.6.1 Participation of workers’ representatives in joint OSH committee
    Summary / Citation: The law states that every safety and health committee shall consist of an equal number of members, not less than two on each side, representing the employer and the employees, provided that the representatives of the employees shall be chosen by the employees or designated by a trade union.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 98(4))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 8.6.2 Conditions for establishing a joint OSH committee
    Summary / Citation: Every employer of more than 15 persons at any place of work shall establish a safety and health committee for the purpose of promoting co-operation between the employer and the employees in achieving and maintaining safe and healthy working conditions.
    Restrictions / obligations: However, the Labour Commissioner may require that an employer who employs less than 15 persons should establish due to the dangerous nature of the plant, process or substances used by at any place of work.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 98 (4))
  - 8.6.3 Objectives, roles and/or functions of joint OSH committees
    Summary / Citation: Employers are required to establish a safety and health committee for the purpose of promoting co-operation between the employer and the employees in achieving and maintaining safe and healthy working conditions.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 98(1))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 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.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 8.8 Protection against reprisals
  Summary / Citation: The law states that no employee shall lose any pay on account of time spent on functions of a health and safety committee.
  • Labour Code Order 1992 (Order No. 24 of 1992) (§ 98(5))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
9 Specific hazards or risks
- 9.1 Biological hazards
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 9.2 Chemical hazards
  Yes.
  - 9.2.1 Handling, storage, labelling and use
    Summary / Citation: The labour code lays down some provisions on toxic substances.
    The Chemical Safety Regulations contain provisions on
    1. Citation and commencement
    2. Application
    3. Interpretation
    4. Adequate measures for workers safety, health and welfare
    5. Additional measures
    6. Labelling and packaging
    7. Safety signs, posters or notices to be displayed
    8. Identification and classification
    9. Notification
    10. Notice of substancial risk
    11. Special risks
    12. Records to be kept
    13. Exposure to radioactive chemical substances
    14. Material safety data sheets
    15. Workplace and health surveillance
    16. Training and information of workers
    17. Personal protection
    18. Personal hygiene
    19. First aid and fire safety
    20. Duties of workers
    21. Reporting of accidents,dangerous occurences and diseases
    22. Records
    23. House keeping
    24. Acceptable exposure limit values
    25. Research and related activities
    26. Ban on chemical substances
    27. Exemption from banning of chemical substances
    28. Appeals
    29. Penalties
    • Labour Code (Chemical Safety) regulations, 2003
    • Spray Painting Regulations 1996 (L.N. No. 138 of 1996).
    • Labour Code Order 1992 (Order No. 24 of 1992) (§105 and Item 17 of Schedule 6)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users
    Summary / Citation: The law imposes various duties on designers, manufactures, importers, etc.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 95)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 9.2.3 Pesticides
    Summary / Citation: The labour code lays down some provisions on toxic substances.
    • Labour Code Order 1992 (Order No. 24 of 1992) (S 105 and Item 17 of Schedule 6)
- 9.3 Ergonomic hazards
  No data available.
- 9.4 Physical hazards
  Sometimes.
  - 9.4.1 Ionising radiation
    Yes.
    • Labour Code Order 1992 (Order No. 24 of 1992) (S 105 and Item 32 of Schedule 6)
  - 9.4.2 Vibration and noise
    Summary / Citation: Where in any place of work persons are employed in any process involving exposure to noise or vibration which may constitute a danger to their health, effective means shall, so far as is reasonably practicable, be provided for the reduction of such noise or vibration within the place of work, as specified in regulations.
    • Noise Regulations, 1996.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 107 )
  - 9.4.3 Working at height
    Yes.
    • Labour Code (Construction Safety) Regulations, 2002 (Legal Notice No. 145 of 2002). (Parts 3 and 4)
  - 9.4.4 Working in confined spaces
    Yes.
    • Labour Code Order 1992 (Order No. 24 of 1992) ( Item 19 of Schedule 6)
  - 9.4.5 Risks arising from poor maintenance of workplace facilities
    Yes.
    • Labour Code Order 1992 (Order No. 24 of 1992) ( Item 4 of Schedule 6)
  - 9.4.6 Exposure to extreme temperatures
    Yes.
    • Labour Code Order 1992 (Order No. 24 of 1992) (Item 27 of Schedule 6)
  - 9.4.7 Fire risks
    Summary / Citation: (1) In every building in which employees work there shall be provided and maintained, so as to be readily accessible, means of extinguishing fire, which shall be adequate and suitable having regard to the circumstances of the premises and any process or processes in use.
    
    (2) In every place of work, a sufficient number of employees shall be trained in the proper use of the means of extinguishing fire specified in subsection (1).
    
    (3) The safety provisions in case of fire set out in the Sixth Schedule of the Code shall be respected in every place of work.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 104)
  - 9.4.8 Tobacco
    Summary / Citation: Employees shall not smoke at the place of work, except at specific areas demarcated for that purpose.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 94(e ))
  - 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: Any person who offers employment or who threatens dismissal or who threatens the imposition of any other penalty against another person in the course of employment as a means of obtaining sexual favours or who harasses workers sexually shall commit an unfair labour practice.
    • Labour Code (Amendment) Act, 2006 (Act No. 5 of 2006). (§ 235H)
- 9.5 Psychosocial hazards
  Yes.
  - 9.5.1 Psychosocial risks
    Summary / Citation: The Labour Code Order prohibits intimidation.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 234)
  - 9.5.2 Occupational violence
    Summary / Citation: Any person who offers employment or who threatens dismissal or who threatens the imposition of any other penalty against another person in the course of employment as a means of obtaining sexual favours or who harasses workers sexually shall commit an unfair labour practice.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 200)
- 9.6 Other hazardous substances
  Summary / Citation: (1) No substance prohibited under regulations made by the Minister shall be handled, stored or used in any place of work.
  
  (2)
  (a) Every employee who may during the course of his or her work inhale, ingest or otherwise absorb any substance specified in the Sixth Schedule to the Code shall be medically examined free of charge at intervals of not more than six months or at such intervals as the Labour Commissioner may direct in writing.
  (b) A register shall be kept at each place of work in which shall be entered the name, address, date of birth, date of employment, date and result of examination of every person examined in pursuance of paragraph (a) as well as any action taken.
  (3) Every employee who may during the course of his or her work handle or use any toxic substance shall be fully instructed as to the risks associated with the toxic substance and the necessary precautionary measures to be observed for protection against such risks.
  
  (4) Where in any room any poisonous substance which may contaminate food or drink is stored, handled or used, no employee shall be permitted to partake of food or drink in that room, and no food or drink shall be kept in or conveyed through that room at any time.
  • Welding and Cutting Regulations, 1996 (No. 155 of 1996).
  • Labour Code Order 1992 (Order No. 24 of 1992) (§ 105 and Item 17 of Schedule 6)
- 9.7 Machineries
  Yes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 9.7.1 Risks related to machinery and tools
    Summary / Citation: No person shall work at any machine whose operation may pose a risk of injury, unless he or she has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed, and
    (a) has received sufficient training in work at the machine; or
    (b) is under adequate supervision by a person who has a thorough knowledge and experience of the machine.
    • Labour Code (Construction Safety) Regulations, 2002 (Legal Notice No. 145 of 2002).
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 93(2), § 103 (1))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 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: The law imposes various duties on designers, manufactures, importers, etc.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 95)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information
    Summary / Citation: The law imposes various duties on designers, manufactures, importers, etc.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 95)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 9.7.5 Maintenance of machinery and equipment
    Yes.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 93, Item 30 of Schedule 6)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    - 9.7.5.1 List of equipment where applicable
      No data available.
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 9.8 Provisions to protect workers in specific condition of vulnerability
  Yes.
  - 9.8.1 Protection of pregnancy at work
    Summary / Citation: The Labour Code prohibits employers from requiring a pregnant employee to work overtime withn six months of her return to work after statutory maternity leave.
    Absence from work in connection with confinement
    (1) A pregnant female employee shall give notice of her anticipated confinement by delivering to her employer a written certificate signed by a medical officer or a registered nurse or midwife certifying that the employee's confinement will probably take place within six weeks from the date of the certificate.
    (2) On receipt of notice under subsection (1), the employer shall immediately permit the female employee in question to absent herself from work until her confinement, and thereafter the employer shall not permit or require her to return to work until the expiry of six weeks immediately after her confinement. This period of absence shall be known as statutory maternity.
    (3) Within 21 days immediately after her confinement, a female employee shall deliver to her employer a written certificate signed by a medical officer or a registered nurse and midwife certifying the date of confinement.
    (4) Notwithstanding subsection (2), where a female employee delivers to her employer a written certificate signed by a medical officer or a registered nurse or midwife certifying his or her opinion that the employee is suffering from an illness arising out of her confinement and is consequently unfit to return to work, the employer shall not permit or require her to return to work until the expiry of eight weeks immediately after her confinement.
    (5) The leave before the anticipated date of confinement shall be extended by any period elapsing between the anticipated date of confinement and the actual confinement; the period of statutory maternity leave to be taken after confinement shall not be reduced on that account.
    (6) Any absence from work in pursuance of subsection (2) or (4) shall be deemed, for the purposes of the Code, not to interrupt the continuity of employment of the female employee concerned.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 119(5), §133)
  - 9.8.2 Protection of lactating women at work
    Summary / Citation: (1) where a female employee wishes to suckle her infant or otherwise feed the infant herself, the employer shall permit her to do so for up to one hour in a day during the hours of work for six months immediately after her return to work, pursuant to the provisions of this Part, following her confinement; the employer shall pay the employee her basic pay in respect of each such daily period as if it were ordinary working time.
    (2) The arrangements for taking time off for nursing as provided in subsection 1 shall be agreed upon by the employer and the employee in question.
    (3) Any employer who contravenes subsection (1) shall be guilty of an offence and liable to a fine of four hundred maloti.
    
    The Labour Code prohibits employers from requiring an employee nursing a child to work overtime withn six months of her return to work after statutory maternity leave.
    There are restriction for women working on night work.) Measures shall be taken to ensure that an alternative to night work is available to women workers who would otherwise be called upon to perform such work for a period of at least three months before the expected date of childbirth and at least three months after childbirth. These provisions shall not have the effect of reducing the protection and benefits connected with maternity leave.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§137, § 119(5), §130)
  - 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts
    Summary / Citation: There are restriction for women working on night work. Measures shall be taken to ensure that an alternative to night work is available to women workers who would otherwise be called upon to perform such work for a period of at least three months before the expected date of childbirth and at least three months after childbirth. These provisions shall not have the effect of reducing the protection and benefits connected with maternity leave.
    No woman shall be employed on underground work in any mine except with the written approval of the Labour Commissioner in such circumstances as the Minister may by regulation prescribe in accordance with the Underground Work (Women) Convention, 1935 (No. 45), of the International Labour Organisation, as follows:
    (a) women holding managerial positions who do not perform manual work;
    (b) women employed in health and welfare service;
    (c) women who, in the course of their studies, spend a period of training in the underground parts of a mine; and
    (d) any other women who may occasionally have to enter the underground part of a mine for the purpose of a non-manual occupation.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§, 130, § 132, )
    • Mine Safety Act 1981 (Act No. 4 of 1981). (§ 22 (2))
    Related CEACR Comments
    • Underground Work (Women) Convention, 1935 (No. 45) Observation 1995
    • Underground Work (Women) Convention, 1935 (No. 45) Direct Request 2021
  - 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age
    Summary / Citation: Prohibition against employment of a child or young person on any work which is injurious to health or morals, dangerous or otherwise unsuitable, or on any work which the Minister or Labour Commissioner has declared to be of a kind which is injurious to the health or morals of a child or young person. Also restriction against employment of children and young persons on night work and work in mines.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 125, §126)
    • Mine Safety Act 1981 (Act No. 4 of 1981). (§ 22(2))
    Related CEACR Comments
    • Minimum Age Convention, 1973 (No. 138) Observation 2020
    • Minimum Age Convention, 1973 (No. 138) Direct Request 2020
10 Recording, notification and investigation of accidents/incidents and diseases
- 10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases
  Yes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 10.1.1 Work-related accidents
    Summary / Citation: The employer shall keep a record of all notifications of accidents required to be reported.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 101(4) )
    • Mine Safety Act 1981 (Act No. 4 of 1981). (§ 12)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 10.1.2 Near miss incidents
    Summary / Citation: The employer shall keep a record of all notifications of dangerous occurrences required to be reported.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 101(4) )
    • Mine Safety Act 1981 (Act No. 4 of 1981). (§13)
  - 10.1.3 Occupational diseases
    Summary / Citation: The employer shall keep a record of all notifications of dangerous occurrences required to be reported. The employer is compelled to keep a record of a notification by a medical practitioner when he or she is notified by the medical practitioner that the medical practitioner suspects or finds that any person is suffering from any industrial disease.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 101(3) , § 102)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health
  Summary / Citation: Where any employee, as a result of an accident arising out of or in connection with his or her work, dies or suffers any of the injuries or conditions specified in Section 14 or in the second schedule to the Workmen's Compensation Act 1977, the employer shall -
  
  (a) notify the Labour Commissioner as soon as practicable, and
  (b) within three days send a report to the Labour Commissioner in the form set out in the Second Schedule to the Workmen's Compensation Regulations 1980 or any amendment thereof.
  Where a dangerous occurrence occurs at or in connection with a workplace, the employer shall notify the Labour Commissioner as soon as practicable.
  • Labour Code Order 1992 (Order No. 24 of 1992) (§ 101(1), § 101 (3))
  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2015
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2015
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
11 OSH inspection and enforcement of OSH legislation
- 11.1 Appointment of OSH inspectors
  Summary / Citation: There shall be a Labour Commissioner and there may be such other officers as may be necessary for the purposes of the administration of the Code, whose offices shall be offices in the public service.
  The Mine Safety Act provides the Minister with the power to appoint a Chief Inspector of Mines and inspectors.
  • Labour Code Order 1992 (Order No. 24 of 1992) (§ 12)
  • Mine Safety Act 1981 (Act No. 4 of 1981). (§ 8(1))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 11.2 OSH inspectors’ powers
  Sometimes.
  - 11.2.1 Power to enter workplaces
    Summary / Citation: Labour officers have the power to enter workplaces to conduct inspections and investigations, or as part of an OSH inspection or investigation.
    An inspector has the power to enter any mine to conduct inspections and investigations.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 14(1))
    • Mine Safety Act 1981 (Act No. 4 of 1981). (§ 9(1))
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2015
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2015
  - 11.2.2 Power to inspect and carry out any examination, test or enquiry
    Summary / Citation: Labour officers have the power to enter workplaces to conduct inspections and investigations, or as part of an OSH inspection or investigation.
    An inspector has the power to enter any mine to conduct inspections and investigations.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 14(1))
    • Mine Safety Act 1981 (Act No. 4 of 1981). (§ 9(1))
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2015
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2015
  - 11.2.3 Power to investigate
    Summary / Citation: Labour officers have the power to enter workplaces to conduct inspections and investigations, or as part of an OSH inspection or investigation.
    An inspector has the power to enter any mine to conduct inspections and investigations.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 14(1))
    • Mine Safety Act 1981 (Act No. 4 of 1981). (§ 9(1))
  - 11.2.4 Duty to provide advice on OSH
    No data available.
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2015
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2015
- 11.3 OSH inspectors’ enforcement powers
  Sometimes.
  - 11.3.1 Power to issue orders or notices
    Summary / Citation: A labour officer can make an order prohibiting the use of a place of work or the carrying out of activities, pursuant to the provisions of the Code. In addition, a labour officer has the power to make an order instructing that any defect relating to health, safety or welfare be remedied.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 114(1)((e )(v) and (vi))
    • Mine Safety Act 1981 (Act No. 4 of 1981). (§ 11)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2015
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2015
  - 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 Labour Commissioner is satisfied that there has been a contravention of any condition subject to which a certificate of registration has been issued in respect of any factory, he or she may, by giving to the employer not less than thirty (30) days' notice in writing to comply with the condition, cancel the certificate where the condition is not complied with.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 112 (2))
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2015
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2015
  - 11.3.4 Power to require the cessation of dangerous work
    Summary / Citation: A labour officer can make an order prohibiting the use of a place of work or the carrying out of activities, pursuant to the provisions of the Code.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 114(1)((e )(v))
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2015
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2015
  - 11.3.5 Power to initiate prosecutions
    Summary / Citation: A labour officer may institute and carry on in his or her own name proceedings in respect of any contravention of, or any offence committed by any person against, any of the provisions of the Code.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 16(a))
  - 11.3.6 Power to conduct prosecutions
    Summary / Citation: A labour officer has the power to institute and carry on civil proceedings on behalf of any employee, or the employee's family or representative, against any employer in respect of any matter or thinh or cause of action arising in connection with the employment of such employee or the termination of such employment.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 16(b))
  - 11.3.7 Other enforcement powers
    Summary / Citation: Whenever any question, difference or dispute arises as to the rights or liabilities of any party under a contract of employment, any party to the contract may report the matter to a labour officer who, without prejudice to his or her other powers, may take steps to effect a settlement between the parties.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 15(1))
- 11.4 Application of sanctions by courts
  Yes.
  - 11.4.1 Financial penalties for legal persons
    Summary / Citation: Any employer who fails to comply with any provision of this Part or of any regulation made under the provisions of this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding six hundred maloti or to imprisonment for a period not exceeding six months or both.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 116(1))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 11.4.2 Financial penalties for natural persons
    Summary / Citation: Any employer who fails to comply with any provision of this Part or of any regulation made under the provisions of this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding six hundred maloti or to imprisonment for a period not exceeding six months or both.
    Fines that may be imposed under the Mine Safet y Act range from M200 ($22) to M1000 ($110).
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 116(1))
    • Mine Safety Act 1981 (Act No. 4 of 1981). (§ 26, § 31)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 11.4.3 Non-financial sanctions
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 11.4.4 Criminal liability
    Summary / Citation: There are courts that can exercise criminal jurisdiction in connection with the prosecution of an offence under the Labour Code Order. Thus, prosecution for manslaughter or other crimes under the mainstream criminal law is possible.
    
    The court has the power to, in addition to any punishment it may impose, require the owner or manager of a mine to take such measures as may be specified for remedying the matters in respect of which the offence was committed.
    • Labour Code Order 1992 (Order No. 24 of 1992)
    • Mine Safety Act 1981 (Act No. 4 of 1981). (§ 32(1))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 11.4.5 Terms of imprisonment for natural persons
    Summary / Citation: Any employer who fails to comply with any provision of this Part or of any regulation made under the provisions of this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding six hundred maloti or to imprisonment for a period not exceeding six months or both.
    In the case of non-compliances with the Mine and Safety Act provisions imprisonment could be up to 12 months.
    • Labour Code Order 1992 (Order No. 24 of 1992) (§ 116(1))
    • Mine Safety Act 1981 (Act No. 4 of 1981). (§ 26, § 31)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021

Lesotho - 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