Mauritius - 2015

1.1 Description of OSH regulatory framework

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

• 2.2.1 Coverage of particular categories of workers

  Yes.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

  • 2.2.1.1 Migrant workers

    Summary/citation: “guest employee” means an employee of foreign nationality who has migrated from his country with a view to being employed on contract, otherwise than on his own account, and includes any person regularly admitted as a migrant for employment.
    (§ 2)

    Where the Permanent Secretary is of the opinion that the safety, health or welfare of any employee or guest employee living in a place, other than a place of work, is or is likely to be adversely affected and the arrangements made for the residence of any such employee are inadequate, he may by written notice served on the employer, give such directions to the employer as he thinks fit.
    (§ 24(6))

    The Minister may make regulations for the purposes of regulating lodging accommodation and other facilities provided by an employer, whether or not as a term of his contract of employment with his employees, and whether or not the employees are citizens or residents of Mauritius, or are guest employees.
    (§ 100(5))

    • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 2, 24(6), 100(5))

    Related CEACR Comments
    • 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.
    

    • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 2)

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    • Domestic Workers Convention, 2011 (No. 189) Direct Request 2019
    

  • 2.2.1.3 Home workers

    Summary/citation: The definition of 'employee' is broad enough to include home workers.
    

    • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 2)

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    

  • 2.2.1.4 Self-employed persons

    Summary/citation: The act applies whenever work is performed by a self-employed person. A self-employed person' is defined as an "individual who works for gain or reward otherwise than under a contract of employment"
    

    • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§§ 2, 3(2)(b))

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

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

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 3)

  Related CEACR Comments
  • 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 OSH legislation.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 3)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 2.4.3 Services

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

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 3)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 2.4.4 Public sector

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

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 3)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Observation 2020
  • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 2012
  

• 2.4.5 Other

  Summary/citation: The Occupational Safety and Health Act shall apply wherever work is performed:
  (a) under a contract of employment;
  (b) by a self-employed person; or
  (c) by an outworker.
  (3) The Minister may, in the interest of public security or public safety, or in the public interest, exempt any place of work from the application of any provision of this Act and for such period as he deems necessary.

  There are specific OSH Regulations applicable to Ship Construction and Repairs.

  • OSH (Ship Construction and Ship Repairs) Regulations 2013 (GN No. 254 of 2013).

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 3)

2.5 Definition of occupational accident

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  Summary/citation: The 14th Schedule of Occupational Safety and Health Act 2005 (Act No. 28 of 2005) contains the List of notifiable occupational diseases.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 86)

• 2.6.2 Mechanism for compensating other diseases as occupational ones

  Remarks / comments: The Minister may make regulations for extending the Workmen's Compensation Act to diseases not specified in the second Schedule of the Act, and to injuries due to the nature of any employment specified in this regulations, not being injuries by accident. either without modification or subject to such modifications as may be contained in the regulation.

  • Workmen's Compensation Act (RL 5/605). (§ 37)

3.1 Competent national authority for safety and health at work

• 3.1.1 Objectives, roles and/or functions

  Summary/citation: The Advisory Council for Occupational Safety and Health gives advice and assistance to the Minister in respect of matters affecting the safety, health and welfare of employees at their place of work or lodging accommodation, or any other persons whose safety, health and welfare may be affected by work activities.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 28 (1))

• 3.1.2 Chairperson and composition

  Summary/citation: The Council shall consist of –
  (a) a Chairperson who shall be the Director, Occupational Safety and Health or his representative ;
  (b) 8 members representing the government;
  (c) 8 members representing employers;
  (d) 8 members representing employees;
  (e) 2 members having wide experience in Occupational Safety and Health.
  The members of the Council shall be appointed by the Minister for such period and on such terms and conditions as the Minister may determine.
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 28 (2))

3.2 National OSH research programme or institute

• 3.2.1 Objectives, roles and/or functions

  Summary/citation: Not covered by the Occupational Safety and Health Act 2005 (Act No. 28 of 2005)

• 3.2.2 Governance board constitution and chairmanship

  Summary/citation: Not covered by the Occupational Safety and Health Act 2005 (Act No. 28 of 2005)

• 3.2.3 Source of funding

  Summary / Citation: Not covered by the Occupational Safety and Health Act 2005 (Act No. 28 of 2005)

3.3 National OSH programme

• 3.3.1 Consultation on the national OSH programme

  Summary/citation: The Ministry of Labour, Industrial Relations and Employment, in consultation with all stakeholders and in particular with the employers and workers organisations at the level of the Advisory Council for Occupational Safety and Health, has formulated a national safety and health policy.

  Not covered by the Occupational Safety and Health Act 2005 (Act No. 28 of 2005)

  • National Occupational Safety and Health Policy 2015

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

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

  Summary / Citation: List of substances hazardous to health is contained in Shechule appended to the Occupational Safety and Health Act.

  Every employer shall cause a driver who is —
  (a) 60 years of age or above; and
  (b) involved in the transportation of employees pursuant to these regulations,
  to undergo a medical examination once every 12 months, at the expense of the employer, to
  ascertain his fitness to drive.
  (2) Any medical practitioner who examines a driver under paragraph (1) shall -
  (a) issue a health fitness certificate to the driver; and
  (b) send a copy of the certificate to the employer.
  (3) Every employer shall keep a record of the health fitness certificate issued under
  paragraph (2).
  (Occupational Safety and Health (Transportation of Employees) Regulations 2014, §7)

  • Occupational Safety and Health (Transportation of Employees) Regulations 2014 (GN No. 210 of 2014). (§ 7)

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (Ninth Schedule)

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

• 4.8.1 Arrangements for first-aid

  Summary / Citation: Employers have an obligation to provide such equipment and facilities as are adequate and appropriate in the circimstances for enabling first-aid to be rendered to employees if they are injured or become ill at work.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 45(1))

  • Occupational Safety, Health and Welfare (First- Aid) (Amendment) Regulations 2003 (G.N. No. 33 of 2003).

  • Occupational Safety, Health and Welfare (First- Aid) (Amendment) Regulations 2000 (G.N. No. 71 of 2000).

  • Occupational Safety, Health and Welfare (First-Aid) Regulations 1989 (G.N. No. 65 of 1989).

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 4.8.2 Sanitary installations

  Summary / Citation: Employers are required to provide sufficient and suitable sanitary conveniences for employees working in any building. Where persons of both sexes are or are intended to be employed, the employed is obliged to provide separate sanitary conveniences for each sex.

  Restrictions / obligations: The conditions/restrictions imposed on employers include the following: at least one sanitary convenience shall be provided for every 25 females; at least one sanitary convenience, not being a convenience suitable only as unrinal, shall be provided for every 25 males.
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§§ 39(1),39(2),39(8))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 4.8.3 Drinking water

  Summary / Citation: Employers have a duty to provide an adequate supply of wholesome drinking water. This has to be provided and maintained at suitable points conveniently accessible to all employees.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 40)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 4.8.4 Rest and eating areas

  Summary / Citation: Employers are obliged to provide an maintain adequate facilities for the taking of meals.

  The Occupational Safety and Health (Employees' Lodging Accommodation) Regulations contain provisions on the establishment of a Lodging Accommodation Committee, obtaining of Lodging Accommodation Permit and its renewal, location of lodging accommodation, inventory, the conditions of the building, furniture for clothing and personal belongings, employee accommodation area, cleanliness, ventilation and lighting, water closet, sanitary facilities, supply of water, washing and ironing facilities, kitchen and dining area, safety provisions in case of fire, electrical safety, first-aid, etc.

  Restrictions / obligations: Due regard should be paid to the number of employees remaining on the premises during meal intervals, and the facility must be away from the habitual work position and must include tables and chairs or benches with backrests.
  

  • Occupational Safety and Health (Employees' Lodging Accommodation) (Amendment) Regulations 2012 (GN No. 161 of 2012).

  • Occupational Safety and Health (Employees' Lodging Accommodation) Regulations 2011 (G.N. No. 27 of 2011).

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 44(1) § 44 (2))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

5.1 Elements of an OSH management system

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

  Summary/citation: An employer has a duty to make written statement of his or her policy with respect to the safety and health of his or her employees.

  Restrictions / obligations: This applies to employers employing 50 or more persons.
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 6(1))

• 5.1.2 Appointment of a person for health and safety

  Summary/citation: (1)Every employer of 100 or more, but less than 500 employees, at one or more places of work shall employ a Safety and Health Officer, whether on part-time or full time employment for the purpose of assisting him and any employee and of exercising general supervision regarding compliance with the provisions of this Act and generally to promote the safe conduct of work.
  (2)An employer having 500 or more, but not more than 2000, employees at one or more places of work shall employ at least one Safety and Health Officer on full-time employment to perform solely the duties of Safety and Health Officer.
  (3)An employer shall, for every additional 2000 employees or fraction thereof, employ one additional Safety and Health Officer on full-time or part-time employment as may be directed by the Permanent Secretary.
  (§ 30)

  Employers using machinery where the total power used or generated by the machinery installed exceeds 750 kilowatts have a duty to employ a registered professional engineer to be in general charge of such machinery.
  (§ 7)

  Restrictions / obligations: No employee or Safety and Health Officer who is employed on a full-time basis shall also be employed as a Safety and Health Officer on a part-time basis unless –
  (i) he is authorised to do so by the Permanent Secretary; and
  (ii) he is employed by another employer.
  (b) The Permanent Secretary may, after making such enquiry as he deems appropriate, grant an authority under paragraph (a) in respect of not more than one other employer.
  (§ 29 (3A))

  • Occupational Safety and Health (Amendment) Act 2009 (Act No. 8 of 2009). (§ 29)

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 30, § 7)

• 5.1.3 Written risk assessment

  Summary/citation: Every employer shall, within 30 days of the start of operation of his undertaking, make suitable and sufficient asessment of any risk to the safety and health to which any employee is exposed while he is at work; and any risk to the safety and health of any person not in his employment arising out of or in connection with the conduct by him of his undertaking". Employers employing more than 5 persons are required to register the significant findings of any assessment carried out on any group of employees identified as being specially at risk.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§10(1) , §11)

• 5.1.4 Safe operating work systems and procedures

  Summary/citation: This part is laid down under Safety (General Provisions) and Safety (Machinery) and covers issues such safe means of access and safe place of employment, steam boilers - maintenance, examination and use; steam boilers - attachments and construction; escalators; hoists and lifts; chains, ropes and lifting tackles; and cranes and other lifting machines respectively.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (Part Part VI & V)

  Related CEACR Comments
  • 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 as is necessary to ensure the safety and health at work of his employees.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 5(2)(d))

  Related CEACR Comments
  • 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: An employer employing 50 or more employees is required to review the policy referred to in paragraph (a) as and when required; provide such resources, as appropriate, having regard to the nature of his or her activities and the size of his undertaking for the effective planning, organisation, control, monitoring and review of the preventive and protective measures required to be taken by him or her under the OSH Act.
  Every employer shall consult representatives of his employees who sit on the Safety and Health Committee with a view to the making and maintenance of arrangements which will enable him and his employees to cooperate effectively in promoting and developing measures to ensure the safety and health at work of the employees, and in checking the effectiveness of such measures.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 6(1)(e ), § 5(3))

• 5.1.7 Consultation with workers in health and safety

  Summary/citation: Every employer shall consult representatives of his employees who sit on the Safety and Health Committee with a view to the making and maintenance of arrangements which will enable him and his employees to cooperate effectively in promoting and developing 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 50 or more employees shall establish a Safety and Health Committee. The Permanent Secretary may require any employer of less than 50 employees to establish a Safety amd Health Committee.
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§§ 5(3), 21(1)(2))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

5.2 Obligation to implement a specific OSH management system or standard

6.1 OSH competence

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

  Summary / Citation: (1)Every employer of 100 or more, but less than 500 employees, at one or more places of work shall employ a Safety and Health Officer, whether on part-time or full time employment for the purpose of assisting him and any employee and of exercising general supervision regarding compliance with the provisions of this Act and generally to promote the safe conduct of work.
  (2)An employer having 500 or more, but not more than 2000, employees at one or more places of work shall employ at least one Safety and Health Officer on full-time employment to perform solely the duties of Safety and Health Officer.
  (3)An employer shall, for every additional 2000 employees or fraction thereof, employ one additional Safety and Health Officer on full-time or part-time employment as may be directed by the Permanent Secretary.
  (§ 30)

  Employers using machinery where the total power used or generated by the machinery installed at any place of work exceeds 750 kilowatts have a duty to employ a registered professional engineer to be in general charge of such machinery.
  (§ 7)

  Restrictions / obligations: No employee or Safety and Health Officer who is employed on a full-time basis shall also be employed as a Safety and Health Officer on a part-time basis unless –
  (i) he is authorised to do so by the Permanent Secretary; and
  (ii) he is employed by another employer.
  (b) The Permanent Secretary may, after making such enquiry as he deems appropriate, grant an authority under paragraph (a) in respect of not more than one other employer.
  (§ 29 (3A))

  • Occupational Safety and Health (Amendment) Act 2009 (Act No. 8 of 2009). (§ 29)

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§§ 30, 7)

  • 6.1.1.1 Qualifications of experts or professional services

    No.
    

6.2 Appointment of an OSH practitioner

• 6.2.1 Workforce size threshold for the appointment of OSH practitioners

  Summary/citation: (1)Every employer of 100 or more, but less than 500 employees, at one or more places of work shall employ a Safety and Health Officer, whether on part-time or full time employment for the purpose of assisting him and any employee and of exercising general supervision regarding compliance with the provisions of this Act and generally to promote the safe conduct of work.
  (2)An employer having 500 or more, but not more than 2000, employees at one or more places of work shall employ at least one Safety and Health Officer on full-time employment to perform solely the duties of Safety and Health Officer.
  (3)An employer shall, for every additional 2000 employees or fraction thereof, employ one additional Safety and Health Officer on full-time or part-time employment as may be directed by the Permanent Secretary.
  (§ 30)

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 30)

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

  Summary / Citation: Not covered by the Occupational Safety and Health Act 2005 (Act No. 28 of 2005)

8.1 National OSH committee, commission, council or similar body

• 8.1.1 Objectives, roles and/or functions

  Summary / Citation: To give advice and assistance to the Minister in respect of matters affecting the safety, health and welfare of employees at their place of work or lodging accomodation, or any other persons whose safety, health and welfare may be affected by work activities.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 28(1))

• 8.1.2 Constitution and chairmanship modalities

  Summary / Citation: The Advisory Council for Occupational Safety and health consist of (a) a Chairperson who shall be Director, Occupational Safety and health or his representative; (b) 8 members representing the government; (c) 8 members representing employers; (d) 8 members representing employees; (e) 2 having wide experience in Occupational Safety and Health.
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 28(2))

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

  Summary / Citation: An employer of 50 or more employees is obliged to establish a Safety and Health Committee. However, the Permanent Secretary may require any employer of less than 50 employees to establish a Safety and Health Committee.
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 21(1), §21 (2))

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

  Summary / Citation: No person shall be a representative of the employees on the Safety and Health Committees unless he is an employee of an employer and he has been so appointed at a meeting where all the employees had been convened for the purpose of such appointment.
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 21(4))

8.4 OSH representatives’ functions, rights and powers

• 8.4.1 Right to inspect the workplace

  Summary / Citation: However, the broad function of the of the Safety and Health Committee to do anything incidental or conducive to the performance of the functions of the committee could be interpreted to include such a power.
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005).

• 8.4.2 Right to access OSH information

  Summary / Citation: The employer has a duty to provide representatives of employees on the Safety and Health Committee with relevant information to enable them to examine factors affecting safety and health.
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 22(2)(b))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 8.4.3 Right to be present at interviews

  Summary / Citation: Not covered by the Occupational Safety and Health Act 2005 (Act No. 28 of 2005)

• 8.4.4 Right to receive professional assistance from OSH experts

  Summary / Citation: Not covered by the Occupational Safety and Health Act 2005 (Act No. 28 of 2005)

• 8.4.5 Right to accompany inspectors

  Summary / Citation: Not covered by the Occupational Safety and Health Act 2005 (Act No. 28 of 2005)

• 8.4.6 Right to use facilities

  Summary / Citation: The employer is required to provide the Safety and Health Committee with such facilities and assistance, as are reasonably required for the purpose of carrying out its functions. Since the OSH representatives from part of the Safetry and Health Committee, it could be argued that this right extends to them.
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 22(2)(a))

• 8.4.7 Right to have time off work with pay to perform duties

  Summary / Citation: A representative of employees on a Safety and Health Committee is enttitled to reasonable time-off with pay for the prupose of excercising his functions as a member of that committee.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 23(5))

• 8.4.8 Right to issue remedial notices

  Summary / Citation: Not covered by the Occupational Safety and Health Act 2005 (Act No. 28 of 2005)

• 8.4.9 Right to resolve OSH issues in consultation with employers

  Summary / Citation: Every employer shall consult representatives of his employees who sit on the Safety and Health Committee with a view to the making and maintenance of arrangements which will enable him and his employees to cooperate effectively in promoting and developing measures to ensure the safety and health at work of the employees, and in checking the effectiveness of such measures.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 5(3))

• 8.4.10 Right to direct that dangerous work cease

  Summary / Citation: The Occupational Safety and Health Act 2005 (Act No. 28 of 2005) does not make such provision.

8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace

• 8.5.1 Right to enter the workplace

  Summary / Citation: The Occupational Safety and Health Act 2005 (Act No. 28 of 2005) does not make such provision.

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 8.5.2 Right to investigate suspected non-compliance with OSH legislation

  Summary / Citation: The Occupational Safety and Health Act 2005 (Act No. 28 of 2005) does not make such provision.

• 8.5.3 Right to consult with workers

  Summary / Citation: The Occupational Safety and Health Act 2005 (Act No. 28 of 2005) does not make such provision.

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 8.5.4 Right to advise workers

  Summary / Citation: The Occupational Safety and Health Act 2005 (Act No. 28 of 2005) does not make such provision.

• 8.5.5 Right to initiate enforcement action

  Summary / Citation: The Occupational Safety and Health Act 2005 (Act No. 28 of 2005) does not make such provision.

8.6 Joint OSH Committee

• 8.6.1 Participation of workers’ representatives in joint OSH committee

  Summary / Citation: The Committee shall consist of - (a) a Chairperson who shall be the employer, or a senior member of the management who is responsible for safety, health and welfare of employees at work; (b) a Vice-Chairperson, designated by the employees in such a manner as may be required by the employer; (c) a secretary who shall be the registered Safety and Health Officer; and (d)(i) 4 members, where the number of employees is 50 or more but less than 100; or (ii) 8 members, where the number of employees is 100 or more, to represent equally the employer and the employees. The Act states that no person shall be a representative of the employees on the Committe unless - (a) he is an employee of an employer and he has been so appointed at a meeting where all the employees had been convened for the purpose of such appointment.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 21(3), § 21 (4))

  Related CEACR Comments
  • 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 50 or more employees shall establish a Safety and Health Committee. The Permanent Secretary may require any employer of less than 50 employees to establish a Safety amd Health Committee.
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 21(1), § 21 (2))

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

  Summary / Citation: Functions of the OSH committee are to: (a) promote co-operation between the employer and the employees in achieving and maintaining safe and healthy working conditions; (b) make proposals to the employer on matters regarding the safety, health and welfare of employees; (c) seek specialist advice from any person, whether employed by the employer or not, on any matter related to safety, health and welfare of employees; (d) make recommendations to the employer on training requirements and eductaion programmes for particular employees or group of employees; (e) discuss occupational accidents, dangerous occurances and occupational diseases and make recommendations to the employer; (f) do anything incidental or conducive to the performance of the functions of the committee."
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 22(1))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 8.6.4 Keeping record of the work of joint OSH committees

  Summary / Citation: The employer has a duty to forward a written record of proceedings of a safety and health Committee meeting signed by the Chairperson, one member of the committee representing the employees and the Secretary, to the Director, Occupational Safety and Health within 10 days of the meeting.
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 23(6))

• 8.6.5 Sharing the minutes of joint OSH committees meetings

  Summary / Citation: The employer has a duty to forward a written record of proceedings of a safety and health Committee meeting signed by the Chairperson, one member of the committee representing the employees and the Secretary, to the Director, Occupational Safety and Health within 10 days of the meeting.
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 23(6))

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

8.8 Protection against reprisals

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

9.1 Biological hazards

9.2 Chemical hazards

• 9.2.1 Handling, storage, labelling and use

  Summary / Citation: All containers of chemicals shall be marked so as to indicate the identity of the chemicals.

  (2)Chemicals which are explosive, flammable or having oxidising properties shall in addition be labelled in a way easily understandable to workers, so as to provide essential information regarding their nature, the hazards they represent and the safety precautions to be observed.
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§68)

  • Dangerous Chemicals Control Act, 2004 (Act No. 16 of 2004) (Part Five)

  Related CEACR Comments
  • 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: Every person who manufactures, imports or supplies any substance for use at work that presents such instrinsic health or physical hazards has a duty to ensure that the packaging and labelling on containers of the substance comply with such standards as may be prescribed and aslo provide to any person supplied with such substance by him or her, material safety data sheets which comply with such standardas is prescribed.
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 17(4)(a) §17(4)(b))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 9.2.3 Pesticides

  Summary / Citation: Every employee who may during the course of his work handle or use any substance hazardous to health shall be fully informed and instructed as to the risks associated with the substance and the necessary precautionary measures to be observed for protection against such risks.
  Every employer shall ensure that the exposure of any employee to a substance hazardous to health is either prevented, or where this is not reasonably practicable, adequately controlled.

  The prevention or adequate control of exposure to a substance hazardous to health, except a biological agent, shall as far as possible be secured by measures other than the provision of personal protective equipment.

  Where the measures taken above, do not prevent or provide adequate control of exposure to substances hazardous to health of employees, the employer shall in addition to taking those measures, provide the employees with suitable and appropriate personal protective equipment and clothing that shall adequately prevent their exposure to substances hazardous to health.

  Every employer who provides any control measure, personal protective equipment and clothing shall take all reasonable steps to ensure that it is effectively used or applied, as the case may be, and is properly maintained.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 67)

9.3 Ergonomic hazards

9.4 Physical hazards

• 9.4.1 Ionising radiation

  Summary / Citation: There are provisions concerning ionasing and non-ionanising radiation.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§79, § 80 )

• 9.4.2 Vibration and noise

  Summary / Citation: Reduction of noise and vibration
  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 be provided for the reduction of such noise or vibration within the place of work.
  The Occupational Safety and Health (Noise at Work) Regulations 2012 makes specific provisions with respect to exposure and noise control at work.
  

  • Occupational Safety and Health (Noise at Work) Regulations 2012 (GN No. 107 of 2012).

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 81)

• 9.4.3 Working at height

  Summary / Citation: There are legal requirements in respect of, for example, ladders, work at height and safety of scaffolds.

  Remarks / comments: The Occupational Safety and Health (Safety of Scaffolds) Regulations 2013 will come into force on 22.11.2015 and will repeal the Occupational Safety and Health (Scaffold) Regulations 2011.

  • Occupational Safety and Health (Safety of Scaffolds) Regulations 2013 (GN No. 16 of 2014).

  • Occupational Safety and Health (Work at Height) Regulations 2013 (GN No. 190 of 2013).

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§§ 64, 66)

• 9.4.4 Working in confined spaces

  Summary / Citation: The provisions of subsections (2) to (7) of this section shall have effect where work has to be done inside any vessel, tank, pit or similar confined space in which dangerous fumes are liable to be present to such an extent as to involve risk of persons being overcome thereby.

  (2) The confined space shall, unless there is other adequate means of egress, be provided with a manhole, which may be rectangular, oval or circular in shape, and shall be not less than 450 millimetres long and 400 millimetres wide or (if circular) not less than 450 millimetres in diameter, or in the case of tank wagons and other mobile plant, not less than 400 millimetres long and 350 millimetres wide or (if circular) not less than 400 millimetres in diameter.

  (3) Subject to subsection (4), no person shall enter or remain in, and no person shall require, instruct or direct any person to enter or remain in, the confined space for any purpose unless the person entering or remaining in the confined space is wearing a suitable breathing apparatus (which shall not include a respirator) and has been authorised to enter by a competent person, and, where practicable, is wearing a belt with a rope securely attached and a person keeping watch outside and capable of pulling him out, is holding the free end of the rope.

  (4) Where the confined space has been certified by a competent person as being, for a specified period, safe for entry without breathing apparatus and the period so specified has not expired, subsection (3) shall not apply, but no person shall enter or remain in the space unless he has been warned when that period will expire.

  (5) A confined space shall not be certified under subsection (4) unless –
  (a) effective steps have been taken to prevent any ingress of dangerous fumes;
  (b) any sludge or other deposit liable to give off dangerous fumes has been removed and the space contains no other material liable to give off dangerous fumes in significant quantities; and
  (c) the space has been adequately ventilated and tested for dangerous fumes and has a supply of air adequate for breathing.

  (6) There shall be provided and kept readily available a sufficient supply of suitable breathing apparatus, belts and ropes, and of suitable reviving apparatus and oxygen, and the apparatus, belts and ropes shall be properly maintained and shall be thoroughly examined, at least once every 3 months by a competent person who shall make a report on every such examination, which shall be kept available for inspection.

  (7) A sufficient number of employees shall be trained and given practice in the use of the apparatus specified in subsection (6) and in a method of restoring breathing.

  (8) No person shall enter or remain in any confined space in which the proportion of oxygen in the air is liable to have been substantially reduced unless–
  (a) he is wearing a suitable breathing apparatus; or
  (b) the space has been and remains adequately ventilated and a competent person has tested and certified it as safe for entry without breathing apparatus.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 70)

• 9.4.5 Risks arising from poor maintenance of workplace facilities

  Summary / Citation: The employer shall, so far as is reasonably practicable, provide and maintain a working environment that is safe and without risks to health.

  There shall, so far as is reasonably practicable, be provided and maintained safe means of access to every place at which any person has at any time to work, and every such place shall, so far as is reasonably practicable, be made and kept safe for any person working there.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§§ 5(2), 64)

• 9.4.6 Exposure to extreme temperatures

  Summary / Citation: Every refrigeration plant capable of being entered by an employee shall (a) have all control valves situated outside the cold storage room; and (b) have all doors of the cold storage room capable of being opened easily and quicly from the inside and outside.
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 60(1))

• 9.4.7 Fire risks

  Summary / Citation: In every building 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 the process, as required by the Fire Services.

  In every place of work, a sufficient number of employees shall be trained in the proper use of the means of extinguishing fire.

  Every building shall be provided with such means of escape in case of fire for the employees as may reasonably be required by the Fire Services in the circumstances of each case.

  A fire certificate issued by the Fire Services is required in respect of specified places of work.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 74, §75, § 76)

• 9.4.8 Tobacco

  Summary / Citation: Employees have a duty to, while at work, not smoke at the place of work, except in an area demarcated for the purpose.
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 14(1)( e))

• 9.4.9 Asbestos

  Summary / Citation: No employer shall handle, store or use asbestos of the amphibole group or raw asbestos at his place of work.

  No employer shall spray any form of asbestos at his place of work.

  The handling, using and storing of existing asbestos of the amphibole group and raw asbestos for the purpose of removal and disposal are permitted.

  Every employer shall –
  (a) provide adequate information, instruction and training to his employees with regards to the steps to be taken to ensure their safety and health when handling, storing and using asbestos; and
  (b) clearly identify and inform his employees of any form of asbestos present at the place of work.

  Every employee shall, while handling, storing or using any form of asbestos –
  (a) take reasonable care for the safety and health of himself and other persons who may be affected by his acts or omissions; and
  (b) cooperate with his employer in the discharge of any duty or requirement placed upon the employer under these regulations.

  The Occupational Safety, Health and Welfare (Asbestos) Regulations 2004 (G.N. No. 17 of 2004) will be replaced by the Occupational Safety and Health (Control of Asbestos at Work) Regulations 2014 on 20 October 2016.

  • Occupational Safety and Health (Control of Asbestos at Work) Regulations 2014 (G.N. No. 216 of 2014).

• 9.4.10 Risks related to nanotechnology

  Summary / Citation: Not specifically covered by the Act, but generally covered under the general duty of employer to ensure safety and health at work of its employees.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 5)

• 9.4.11 Contraction of HIV in the workplace

  Summary / Citation: Not specifically covered by the Act, but generally covered under the general duty of employer to ensure safety and health at work of its employees.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 5)

9.5 Psychosocial hazards

• 9.5.1 Psychosocial risks

  Summary / Citation: Not specifically covered by the Act, but generally covered under the general duty of employer to ensure safety and health at work of its employees.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 5)

• 9.5.2 Occupational violence

  Summary / Citation: No person shall (a) harass, sexuakky or otherwise; (b) assault; (c)verbally abuse, swear at or insult; (d) express the intention to cause harm: (e ) bully or use threatening behavious towards; (f) use aggressive gesture indicating intimidation, contempt or disdain towards; (g) by words or act, hinder, a workers, in the course of or as a result of his work.
  

  • Employment Rights Act 2008 (Act No. 33 of 2008). (§ 54(1))

9.6 Other hazardous substances

9.7 Machineries

• 9.7.1 Risks related to machinery and tools

  Summary / Citation: Part V of the Act have several provisions related to machineries and tools.
  Occupational Safety and Health Act 2005, §§ 47,48)

  (1) Every employer shall ensure that —
  (a) materials, goods, tools, equipment or other items carried in a portion or compartment of a vehicle are located and secured to prevent injury to the employees in the vehicle;
  (b) there is a designated area for transporting materials, goods, tools, equipment or other items in every vehicle;
  (c) where transportation of goods and articles is likely to constitute a risk to the safety and health of employees, a separate compartment is provided for the transportation of the employees;
  (d) all emergency exits in a vehicle are properly indicated, regularly maintained and kept in good working order;
  (e) the seats provided for the employees are properly maintained, fitted with suitable backrest and positioned in such manner as to prevent fall of employees being transported;
  (f) where anchorage points are provided for seat belts in a vehicle, the vehicle is equipped with appropriate seat belts in the event the vehicle is not already so equipped; and
  (g) every seat belt is properly secured to the structure of the vehicle by the anchorage points provided for it.
  (2) Every employee shall, while travelling in a vehicle, wear the seat belts, if the vehicle is fitted with seat belts.
  (3) In this regulation — “goods” includes animals, whether living or dead.
  (Occupational Safety and Health (Transportation of Employees) Regulations, 2014 § 5)

  Every employer shall ensure that any enclosed portion or compartment of a vehicle has sufficient and suitable lighting and adequate ventilation.
  (Occupational Safety and Health (Transportation of Employees) Regulations 2014, § 6)
  

  • Occupational Safety and Health (Transportation of Employees) Regulations 2014 (GN No. 210 of 2014). (§ 5, § 6)

  • Occupational Safety and Health (Safety of Lifts at Work) Regulations 2012 (GN No. 108 of 2012).

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 47, § 48.)

  Related CEACR Comments
  • 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: Every person who designs, manufacturers, imports or supplies an article for use at work shall ensure, so far as is reasonable practicable, that the article designed is so designed and constructed as to be safe and without risk to health when used in a reasonable manner.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 17(1)(a))

  Related CEACR Comments
  • 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: Every person who designs, manufacturers, imports or suplies an article for use at work shall take such steps as are necessary to ensure that there will be available in connection with the use at work of the article, adequate information, by way of certificate, manual, pamphlet or otherwise, about the use for which it is designed and has been tested; and any conditions necessary to ensure that, when put to that use, it will be safe and without risk to health.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§17(1)(b))

  Related CEACR Comments
  • 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

  Summary / Citation: No such provision made in the Occupational Safety and Health Act 2005 (Act No. 28 of 2005).

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 9.7.5 Maintenance of machinery and equipment

  Summary / Citation: For example, employers have to ensure that steam-boiles are properly maintained and all its fittings and attachments shall be thoroughly examined by a registered boiler inspector at least once every 12 months.
  (Occupational Safety and Health Act 2005, § 57(1), §57 (5))

  Every employer shall ensure that —
  (a) every vehicle is inspected by a competent person, as per the manufacturer’s
  specifications, before the vehicle is used for any work shift; and
  (b) a record of the inspection is kept.
  (Occupational Safety and Health (Transportationof Employees) Regulations 2014, § 4)
  

  • Occupational Safety and Health (Transportation of Employees) Regulations 2014 (GN No. 210 of 2014). (§ 4)

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 57(1), §57 (5))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

  • 9.7.5.1 List of equipment where applicable

    Summary / Citation: The Occupational Safety and Health Act 2005 makes provision for the regular examination of the following machineries:
    Cranes and other lifting machines
    Vehicle lifts
    Hoists and lifts
    Escalators
    Steam receivers and steam containers
    Air receivers
    Refrigeration plants
    

    • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 50 - § 60)

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    

9.8 Provisions to protect workers in specific condition of vulnerability

• 9.8.1 Protection of pregnancy at work

  Summary / Citation: Employers are prohibited by law from requiring a female worker to perform work in excess of a normal day's work, 2 months before her confinement. In addition, "[subject to medical recommendation, a female worker who is pregnant shall not not be required to perform duties -(a) requiring continuous standing; or (b) that may be detrimental to her health and that of her baby.

  • Employment Rights Act 2008 (Act No. 33 of 2008). (§§ 30(7),(8))

  Related CEACR Comments
  • Maternity Protection Convention, 2000 (No. 183) Direct Request 2021
  

• 9.8.2 Protection of lactating women at work

  Summary / Citation: (a) A female worker who is nursing her unweaned child shall, for that purpose, be entitled every day at a time convenient to her and having regard to the needs of the child to at least –
  (i) 2 breaks of half-hour; or
  (ii) one break of one hour.
  (b) The break specified in paragraph (a) shall –
  (i) be for a period of 6 months from the date of confinement or such longer period as may be recommended by a medical practitioner; and 29
  (ii) not be deducted from the number of hours of work of the female worker.

  • Employment Rights Act 2008 (Act No. 33 of 2008). (§ 30(6))

  Related CEACR Comments
  • Maternity Protection Convention, 2000 (No. 183) Direct Request 2021
  

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

  Summary / Citation: Not covered under the Employment Rights Act 2008 (Act No. 33 of 2008)

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

  Summary / Citation: No person shall employ, or continue to employ, a young person –
  (a) on work which by its nature, or the circumstances in which it is carried out, is likely to jeopardise the health, safety, physical, mental, moral or social development of the young person; or
  (b) after being notified in writing by the Permanent Secretary that the kind of work for which the young person is employed is unsuitable for the young person, or will interfere with the young person’s education.

  Note: A ‘young person’ is defined under the Employment Rights Act 2008 as ‘a person, other than a child, who is under the age of 18’ and a ‘child’ as ‘a person under the age of 16’.

  Employers are prohibited from employing young persons in any activity involving, among others, the following: work with explosives: exposures to ionising radiation; work with heavy metals, including lead and mercury; work in the forestry and construction sector; work or exposure to any form of asbestos and exposure to benzene or other harmful organic solvents.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§§ 2,8,12(2))

  Related CEACR Comments
  • Minimum Age Convention, 1973 (No. 138) Observation 2011
  • Minimum Age Convention, 1973 (No. 138) Direct Request 2009
  

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

• 10.1.1 Work-related accidents

  Summary / Citation: The employer has a duty to keep a record of all accidents and dangerous occurances required to be reported.
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 85(2))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 10.1.2 Near miss incidents

  Summary / Citation: The employer has a duty to keep a record of all accidents and dangerous occurances required to be reported.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 85(2))

• 10.1.3 Occupational diseases

  Summary / Citation: Where a medical practitioner suspects or finds that any person is suffering from any occupational disease specified in the Fourteenth Schedule, he shall notify in writing the employer of that person and the Director, Occupational Safety and Health.

  Upon receipt of a notification under subsection (1), the employer shall forthwith notify the Director, Occupational Safety and Health in writing of the occupational disease which has or is suspected to have occurred together with the name, address and place of work of the person concerned, and shall keep a record of such notification.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 86)

  Related CEACR Comments
  • 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

11.1 Appointment of OSH inspectors

11.2 OSH inspectors’ powers

• 11.2.1 Power to enter workplaces

  Summary / Citation: The Permanent Secretary has the power to enter freely and without previous notice at any hour of the day or night any workplace and in order to make such inspection, examination and investigation as may be necessary.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 24)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2021
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

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

  Summary / Citation: The Permanent Secretary has the power to enter any workplace and in order to make such inspection, examination and investigation as may be necessary.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 24(3)(d))

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2021
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

• 11.2.3 Power to investigate

  Summary / Citation: The Permanent Secretary has the power to enter any workplace and in order to make such inspection, examination and investigation as may be necessary.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 24(3)(d))

• 11.2.4 Duty to provide advice on OSH

  Summary / Citation: Where the Permanent Secretary is of the opinion that the safety, health or welfare of any employee living or working at a place of work is, or is likely, to be adversely affected, or the arrangements made for the residence or employment of any employee at a place of work are inadequate, he may, by written notice served on the employer, give such directions to the employer as he thinks fit.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 24(5))

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2021
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

11.3 OSH inspectors’ enforcement powers

• 11.3.1 Power to issue orders or notices

  Summary / Citation: Where the Permanent Secretary is of the opinion that the safety, health or welfare of any employee living or working at a place of work is, or is likely, to be adversely affected, or the arrangements made for the residence or employment of any employee at a place of work are inadequate, he may, by written notice served on the employer, give such directions to the employer as he thinks fit.

  Where the Permanent Secretary is of the opinion that the safety, health or welfare of any employee or guest employee living in a place, other than a place of work, is or is likely to be adversely affected and the arrangements made for the residence of any such employee are inadequate, he may by written notice served on the employer, give such directions to the employer as he thinks fit.

  The Permanent Secretary has the power to make prohibition orders.
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 24(5), § 24(6) § 27(1))

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2021
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

• 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 Permanent Secretary is satisfied that a registered factory has ceased to operate or a certificate of registration has been obtained by fraud or misrepresentation, he may cancel the registration of the factory.

  Where the Permanent Secretary 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 may, by giving to the employer not less than 30 days' notice in writing to comply with the condition, cancel the certificate where the condition is not complied with.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 89)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2021
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

• 11.3.4 Power to require the cessation of dangerous work

  Summary / Citation: The Permanent Secretary has the power to prohibit the use of the place of work or the carrying on of the activities until the risk is removed to his or her satisfaction.
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 27(1))

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2021
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

• 11.3.5 Power to initiate prosecutions

  Summary / Citation: The Permanent Secretary has the authority to lodge a case before the Court regarding non-compliance with the OSH Act by an employer.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 26)

• 11.3.6 Power to conduct prosecutions

  Summary / Citation: Without prejudice to the powers of the Director of Public Prosecutions, the Permant Secretary or any officer deputed by him, may conduct prosecution under this Act before any Court, other than the Supreme Court, and may in relation to such prosecution, appear before a Magistrate and swear an information.
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 26)

• 11.3.7 Other enforcement powers

  Summary / Citation: The Permanent Secretary has the power to make prohibition orders.
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 27(1))

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: Any person who commits an offence shall be liable in respect of an offence committed by him or her as an employee, to a fine not exceeding 5,000 rupees (about $160) and in any other case, to a fine not exceeding 75,000 rupees (about $2400).

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 94(3)(a), § 94(3) (b))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 11.4.2 Financial penalties for natural persons

  Summary / Citation: Any person who committs an offence shall be liable in respect of an offence committed by him or her as an employee, to a fine not exceeding 5,000 rupees (about $160)and in any other case, to a fine not exceeding 75,000 rupees (about $2400).
  

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§94(3)(a), §94(3) (b))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 11.4.3 Non-financial sanctions

  Summary / Citation: A court has the power to issue an order prohibiting the use of a workplace.
  The Court may, on the conviction of any person, where it thinks appropriate, in addition to inflicting a fine, make an order directing that person to comply with this Act within such time as may be fixed in the order.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§92,§94 (4))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 11.4.4 Criminal liability

  Summary / Citation: Any person who commits an offence could be liable to imprisonment for a term not exceeding one year.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 94(3)(b))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: Any person who commits an offence could be liable to imprisonment for a term not exceeding one year.

  • Occupational Safety and Health Act 2005 (Act No. 28 of 2005). (§ 94(3)(b))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021