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Occupational Safety and Health (OSH)
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Malawi - 2013

Themes

  1. Description of national OSH regulatory framework
  2. Scope, coverage and exclusions
  3. Institutions and programmes relating to OSH administration and/or enforcement
  4. Employers’ duties and responsibilities to protect the safety and health of workers and others
  5. Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices
  6. Employers’ duty to ensure availability of expertise and competence in health and safety
  7. Workers' rights and duties
  8. Consultation, collaboration and co-operation with workers and their representatives
  9. Specific hazards or risks
  10. Recording, notification and investigation of accidents/incidents and diseases
  11. OSH inspection and enforcement of OSH legislation

  • 1 Description of national OSH regulatory framework

  • 2 Scope, coverage and exclusions

    • 2.1 Health and safety covers physical and psychological health

      Summary/citation: The law states that 'bodily injury' includes 'injury to health'.

      Remarks / comments: Since the term 'injury to health' is broad, it could be implied that it refers to both physical and mental health.

      • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 1)

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

    • 2.2 Definition of worker

      Summary/citation: An employee is defined as “(a) a person who offers his services under an oral or written contract of employment, whether express or implied; (b) any person, including a tenant share cropper, who performs work or services for another person for remuneration or reward on such terms and conditions that he is in relation to that person in a position of economic dependence on, and under an obligation to perform duties for, that person more closely resembling the relationship of employee than that of an independent contractor; or (c) where appropriate, a former employee".

      • Employment Act 1999 (No. 6 of 2000) (Cap. 55:02). (§ 3)

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

      • 2.2.1 Coverage of particular categories of workers

        Sometimes.

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

        • 2.2.1.1 Migrant workers

          Summary/citation: An employee is defined as “(a) a person who offers his services under an oral or written contract of employment, whether express or implied; (b) any person, including a tenant share cropper, who performs work or services for another person for remuneration or reward on such terms and conditions that he is in relation to that person in a position of economic dependence on, and under an obligation to perform duties for, that person more closely resembling the relationship of employee than that of an independent contractor; or (c) where appropriate, a former employee".

          Remarks / comments: The definition of employee is broad enough to include migrant workers.

          • Employment Act 1999 (No. 6 of 2000) (Cap. 55:02). (§ 3)

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

        • 2.2.1.2 Domestic workers

          Summary/citation: An employee is defined as “(a) a person who offers his services under an oral or written contract of employment, whether express or implied; (b) any person, including a tenant share cropper, who performs work or services for another person for remuneration or reward on such terms and conditions that he is in relation to that person in a position of economic dependence on, and under an obligation to perform duties for, that person more closely resembling the relationship of employee than that of an independent contractor; or (c) where appropriate, a former employee".

          Remarks / comments: The definition of employee is broad enough to include domestic workers.

          • Employment Act 1999 (No. 6 of 2000) (Cap. 55:02). (§ 3)

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

        • 2.2.1.3 Home workers

          Summary/citation: An employee is defined as “(a) a person who offers his services under an oral or written contract of employment, whether express or implied; (b) any person, including a tenant share cropper, who performs work or services for another person for remuneration or reward on such terms and conditions that he is in relation to that person in a position of economic dependence on, and under an obligation to perform duties for, that person more closely resembling the relationship of employee than that of an independent contractor; or (c) where appropriate, a former employee".

          Remarks / comments: The definitions of employee and workplace laid down in the laws are broad enough to include home workers.

          • Employment Act 1999 (No. 6 of 2000) (Cap. 55:02). (§ 3)

          • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 3)

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

        • 2.2.1.4 Self-employed persons

          No data available.

    • 2.3 Definition of employer

      Summary/citation: "Employer" means "(a) any person, body corporate, undertaking, public authority or body of persons who or which employs an employee and includes heirs, successors and assignees of the employer, or (b) where appropriate, a former employer".

      • Employment Act 1999 (No. 6 of 2000) (Cap. 55:02). (§ 3)

    • 2.4 Exclusion of branches of economic activity

      No.

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

      • 2.4.1 Agriculture

        Summary/citation: "In this Act, unless the context otherwise requires “persons employed” means persons employed in engineering, agricultural, management, staff and skilled allied trade services in the formal and informal sector;" (§ 2(1)).

        "Save as is in this Act otherwise expressly provided, this Act shall apply to all workplaces as defined by this Act" (§ 4).

        “The expression “workplace” also includes the following premises in which one or more persons are employed:
        - any premises in which agricultural activities such as chemical weeding, spraying, fumigation, or preservation is carried on shall be deemed to be a workplace.
        Premises shall not be excluded from the definition of a workplace by reason only that they are open air premises" (§§ 3(6)(7)).

        Remarks / comments: Agriculture falls within the scope of application of the Occupational Safety, Health and Welfare Act based on the definition of workplace and persons employed laid down in the law.

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§§ 2(1), 3(6)(7), 4)

        Related CEACR Comments
        • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
        • Safety and Health in Agriculture Convention, 2001 (No. 184) Observation 2021

      • 2.4.2 Construction

        Summary/citation: "Save as is in this Act otherwise expressly provided, this Act shall apply to all workplaces as defined by this Act", (§ 4).

        “The expression “workplace” also includes the following premises in which one or more persons are employed:
        - any premises in which building operations and works of engineering construction is undertaken;
        - any premises in which articles are made or prepared incidental to carrying on of building operations or works of engineering construction, not being premises in which such operations or works are carried on;" (§ 3(2)(d)(e)).

        Remarks / comments: Construction falls within the scope of application of the Occupational Safety, Health and Welfare Act based on the definition of workplace laid down in the law.

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§§ 3(2)(d)(e), 4)

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

      • 2.4.3 Services

        Remarks / comments: The definition of workplace laid down in the law is broad enough to include workplaces where services are provided.

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§§ 3,4,5)

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

      • 2.4.4 Public sector

        Summary/citation: "This Act shall also apply to:
        (a) every workplace belonging to or in the occupation of the Government;
        (b) building operations and works of engineering construction undertaken by, or on behalf of the Government; and
        (c) the employment by, or under the Government, of persons engaged in demolishing, painting or renovating buildings."

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 5)

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

      • 2.4.5 Other

        No data available.

    • 2.5 Definition of occupational accident

      No data available.

    • 2.6 Definition of occupational disease

      No data available.

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

  • 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: "It shall be the duty of every employer to ensure the safety, health and welfare at work of all his employees."

      • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 13(1))

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

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

      Summary/citation: "It shall the duty of every employer to conduct his undertaking in such a way as to ensure that persons not in his employment who may be affected by the undertaking are not thereby exposed to risks to their safety or health."

      • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 14)

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

    • 4.4 Surveillance of workers’ health in relation to work

      Summary / Citation: "For the purpose of detecting pre-cancerous lesions of the skin, workers continuously working under non-ionizing radiation exposure, including exposure to the sun, shall, where appropriate, be under medical surveillance."

      • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 62(2))

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

      • 4.4.1 Specific hazards for which surveillance is required

        No.

    • 4.5 Surveillance of the working environment and working practices

      Summary / Citation: "Where radioactive substances or equipment are used, the working environment shall be monitored from time to time to determine levels of external radiation."

      • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 61(3))

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

    • 4.6 Duty to provide personal protective equipment

      Summary / Citation: "Where in any workplace workers are employed in any process involving excessive exposure to heat, cold, noise, wet or to any injurious or offensive substance, or any welding process, suitable protective clothing and appliances, including, where necessary suitable gloves, footwear, screens, goggles, ear muffs and head covering, shall be provided and maintained at no cost to the employee for the use of such workers as required by the Director."

      • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 58)

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

    • 4.7 Duty to ensure the usage of personal protective equipment

      No data available.

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

      • 4.8.1 Arrangements for first-aid

        Summary / Citation: "Every occupier shall provide and maintain a first aid box or cupboard of the prescribed standard which is readily accessible.
        Nothing except appliances or requisites for first aid shall be kept in a first aid box or cupboard.
        Each first aid box or cupboard shall be placed under the charge of a qualified first aider who shall be readily available during working hours, and a notice, in English and in such a vernacular language as the Director may specify, shall be affixed in every workroom stating the name of the person in charge of the first aid box or cupboard provided in respect of that room.
        Every occupier shall make arrangements for ensuring the removal for medical attention of employees who have suffered an accident or sudden illness.
        The Minister may make regulations prescribing the type and quantity of medical requisites to be available at workplaces and the establishment of clinics at workplaces."

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 33)

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

      • 4.8.2 Sanitary installations

        Summary / Citation: "Every occupier shall provide sufficient and suitable sanitary conveniences for persons employed in the workplace, which shall be maintained and kept clean, and effective provision shall be made for lighting the conveniences and, where persons of both sexes are or are intended to be employed (except in the case of workplaces where the only persons employed are members of the same family dwelling there), such conveniences shall afford proper separate accommodation with a distinct approach for persons of each sex.
        (§ 27)

        "Every occupier shall provide, for the use of employees at a workplace, adequate and suitable accommodation for hanging or stowing personal clothing not worn during working hours, and where protective clothing is provided to employees in accordance with section 58, a suitable place or places shall be provided for the storage of such protective clothing.
        An occupier shall not store, or permit to be stored, any goods or materials connected with work processes, or waste of any description, in any change room."
        (§ 30)

        Remarks / comments: The law prescribes standards for the cleanliness of workplaces in general and specifically for floors, sanitary conveniences and washing facilities.

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§§ 22, 26, 27, 28, 30)

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

      • 4.8.3 Drinking water

        Summary / Citation: "Every occupier shall provide at a workplace an adequate supply of clean and potable drinking water, maintained at suitable points conveniently accessible to all persons employed.
        Every supply of drinking water which is not laid on shall be contained in suitable vessels, and shall be renewed at least daily, and all practicable steps shall be taken to preserve the water and vessels from contamination; and a drinking water supply whether laid on or not, shall be clearly marked “DRINKING WATER” in English and in such vernacular languages as the Director may specify.
        The facilities provided for drinking water in accordance with this section shall be separated from those provided for washing in accordance with section 28."

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 29)

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

      • 4.8.4 Rest and eating areas

        Summary / Citation: "Every occupier shall provide and maintain at a workplace a sufficient number of seats for the use of those employees whose work is ordinarily performed standing, and shall permit such employees to take advantage of any opportunities for resting which may occur in the course of their employment.
        Every occupier shall supply and maintain at a workplace chairs with suitable backrest for the use of employees who ordinarily perform their work sitting."
        (§ 31)

        "Every occupier shall provide and maintain in good condition, suitable facilities where employees may prepare and consume their meals.
        No person shall be permitted to consume food or drink in any room where any poisonous or otherwise injurious substance is so used as to give rise to any dust or fume."
        (§ 32)

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§§ 31, 32)

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

        Summary/citation: "Except in such cases as may be prescribed, it shall be the duty of every employer to prepare and as often as may be appropriate, revise a written statement of his general policy with respect to the safety and health at workplace of his employees, and the organization and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of all of his employees".

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 13(3))

      • 5.1.2 Appointment of a person for health and safety

        Summary/citation: The law empowers the minister to make regulations providing for the appointment by trade unions of safety representatives from amongst the employees, to represent the employees in consultations with the employers; and the election by employees of safety representatives from amongst the employees, to represent employees in consultations with the employers.

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 13(4))

      • 5.1.3 Written risk assessment

        No.

      • 5.1.4 Safe operating work systems and procedures

        Summary/citation: "Except in such cases as may be prescribed, it shall be the duty of every employer to prepare and as often as may be appropriate, revise a written statement of his general policy with respect to the safety and health at workplace of his employees, and the organization and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of all of his employees".

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 13(3))

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

      • 5.1.5 Training and information on risks

        Summary/citation: Employers have a duty to provide information, instruction, training and supervision to ensure the safety and health at work of his employees.

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§§ 13(1), 65)

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

      • 5.1.6 Review or assessment of the results of preventive measures

        Summary/citation: "It shall be the duty of every employer to consult with any safety representatives with a view to the making and maintenance of arrangements which will enable the employer 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, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 13(5))

      • 5.1.7 Consultation with workers in health and safety

        Summary/citation: "It shall be the duty of every employer to consult with any safety representatives with a view to the making and maintenance of arrangements which will enable the employer 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, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 13(5))

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

    • 5.2 Obligation to implement a specific OSH management system or standard

      Summary/citation: The OSH law states that "except in such cases as may be prescribed, it shall be the duty of every employer to prepare and as often as may be appropriate, revise a written statement of his general policy with respect to the safety and health at workplace of his employees, and the organization and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of all of his employees."

      • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 13(3))

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

    • 6.1 OSH competence

      No data available.

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

        No data available.

        • 6.1.1.1 Qualifications of experts or professional services

          No data available.

    • 6.2 Appointment of an OSH practitioner

      No data available.

      • 6.2.1 Workforce size threshold for the appointment of OSH practitioners

        No data available.

  • 7 Workers' rights and duties

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

      Summary / Citation: "It shall be the duty of every employee, while at the workplace, to take reasonable care for the safety and health of himself."

      • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 18(1))

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

      Summary / Citation: "It shall be also the duty of every employee, while at the workplace, to take reasonable care for the safety and health of other persons who may be affected by his acts or omissions."

      • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 18(1))

    • 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

      Summary / Citation: "It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure that other persons (not being his employees) who may be affected by the undertaking are not thereby exposed to risks to their safety or health."

      • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 14(2))

    • 7.6 Duty to comply with OSH-related requirements

      Summary / Citation: "It shall be the duty of every employee, while at the workplace, as regards any duty or requirement imposed on an employer or any other person by this Act, to cooperate with the employer or other person so far as is necessary to enable that duty or requirement to be performed or complied with".

      • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (S 18(2))

    • 7.7 Right to enquire about risks and preventive measures

      No data available.

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

    • 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

  • 9 Specific hazards or risks

    • 9.1 Biological hazards

      Summary / Citation: The law states that “hazardous substance” means any matter which by virtue of its chemical, physical or toxicological properties constitutes a risk to safety, health or welfare of persons.

      Remarks / comments: The definition is broad enough to include biological hazards.

      • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§§ 2, 51 )

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

    • 9.2 Chemical hazards

      Yes.

    • 9.3 Ergonomic hazards

      No data available.

      Related CEACR Comments
      • Safety and Health in Agriculture Convention, 2001 (No. 184) Observation 2021

    • 9.4 Physical hazards

      Sometimes.

      • 9.4.1 Ionising radiation

        Summary / Citation: "Ionizing and laser radiation likely to jeopardize the health and safety of workers shall be reduced to practicable levels in every workplace.
        In order to achieve proper containment, all work with radioactive substances or equipment shall be segregated from other works.
        Where radioactive substances or equipment are used, the working environment shall be monitored from time to time to determine levels of external radiation.
        A record of personal radiation doses and levels of radiation, in the working environment shall be maintained and kept readily available for inspection.
        The Minister may make regulations prescribing levels of permissible radiation doses."

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 61)

      • 9.4.2 Vibration and noise

        Summary / Citation: "Noise and vibrations likely to injure the health of workers shall be reduced to practicable levels in every workplace."
        No person shall be exposed to sound levels exceeding:
        (a) 85 dB(A) of reasonably constant level for eight hours continuously in any one day;
        (b) 135 dB(A) as measured with an instrument set at “fast”, in any one day;
        (c) 150 dB(A) in the case of impulse noise as measured with an instrument set at “fast”, in any one day:
        Provided that:
        (i) if exposure is for periods other than eight hours, or if the sound level is
        fluctuating, an equivalent sound level shall be calculated, and this resultant value shall not shall not exceed the equivalent of 85 dB(A);
        (ii) the non-continuous exposure at a sound level in excess of 85 dB(A) shall be regarded as exceeding 85 dB(A).
        All areas where persons may be exposed to sound levels exceeding the limits set out in this section shall be identified as ear-protection areas and shall be suitably cordoned off.
        Entry to ear protection areas shall be restricted to authorized persons and all such persons shall use effective ear protection."

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 63)

      • 9.4.3 Working at height

        No data available.

      • 9.4.4 Working in confined spaces

        Summary / Citation: "Where work is done inside any chamber, tank, vat, pit or other confined space in which dangerous fumes are liable to be present:
        (a) the confined space shall be provided with adequate means of egress for persons entering or working therein; and
        (b) no person shall enter the confined space for any purpose unless:
        (i) all practicable steps shall have been taken to remove any fumes which may be present and to prevent any ingress of fumes, and it has been ascertained, by a suitable test, that the space is free from dangerous fumes;
        (ii) the person entering wears a belt to which there is securely attached a rope of which the free end is held by a person outside, and the person entering shall wear a suitable breathing apparatus; and
        (iii) a suitable permit shall have been issued by a competent person to facilitate safe completion of the work."

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 55)

      • 9.4.5 Risks arising from poor maintenance of workplace facilities

        Summary / Citation: It shall be the duty of every employer to ensure the safety, health and welfare at work of all his employees, and in particular, to provide and maintain plant and systems of work that are safe and without risks to health.
        (§ 13(1)(2)(a))

        "Every workplace shall be kept clean, and free from effluvia arising from any drain, sanitary convenience or nuisance.
        (a) Accumulations of dirt and refuse shall be removed daily by a suitable method from the floors and benches of workrooms, and from stair cases and passages.
        (b) The floor of every workroom shall be cleaned at least once every day by washing or, if it is effective and suitable, by sweeping or other method.
        (c) All inside walls and partitions, and all ceilings or tops of rooms, and all walls, sides and tops of staircases shall:
        (i) where they have a smooth and impervious surface, be washed with hot water and soap or other suitable detergent, or cleaned by any other suitable method, at least once in every period of six months.
        (ii) Where they are varnished or painted with a suitable varnish or paint applied in such a manner as to produce over the whole of the treated surface a compact continuous firm capable of being washed with hot water and soap or other suitable detergent, or cleaned by any other suitable method, be revarnished or repainted at intervals of not more than one year, and shall at least once in every period of six months be washed with hot water and soap or other suitable detergent or cleaned by any other suitable method;
        (iii) in any other case, be kept whitewashed or colour washed, and the whitewashing shall be repeated at least once in every period of six months.
        (d) All outside walls shall be whitewashed or painted at least once every year.
        (e) Effective arrangements, as determined by the Director, shall be made for the treatment of wastes and effluent due to the manufacturing process carried on therein, so as to render such waste and effluent innocuous and for the safe disposal of the waste and effluent.
        Where it appears to the Director that in any class or description of workplace or part thereof any of the provisions of this section are not required for the purpose of keeping the workplace in clean state, or are by reason of special circumstances inappropriate or inadequate for such purpose, the Director may by notice published in the Gazette, direct that those provisions shall not apply to workplaces, or parts of workplaces, of that class or description, or shall apply as varied by the notice."
        (§ 22)

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§§ 13(1)(2)(a), 22)

      • 9.4.6 Exposure to extreme temperatures

        Summary / Citation: "Every workplace shall have effective and suitable provision for securing and maintaining the circulation of fresh air in each workroom, adequate ventilation of the room, and for rendering harmless, so far as practicable, all such fumes, dust and other impurities generated in the course of any process or work carried on in the workplace as may be injurious to health.
        Every workplace shall have effective and suitable provision for securing and monitoring in every workroom such temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health.
        Where the nature of the work carried on in the workplace involves, or is likely to involve, the production of excessively high temperatures, adequate measures shall be taken to protect employees therein by isolating the process which produces such temperatures in the workroom or insulating the hot parts or by other effective means."

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 24)

      • 9.4.7 Fire risks

        Summary / Citation: "Every workplace shall have adequate means of escape in case of fire for the persons employed therein.
        Every means of escape in case of fire shall be properly maintained and kept free from obstruction.
        The contents of any room in which persons are employed shall be so arranged or disposed that there is a free passageway for all persons employed in the room to a means of escape in case of fire.
        The doors of a workplace and of any room therein, and any doors which afford a means of exit for persons employed in the workplace from any building or from any enclosure in which the workplace is situated, shall not be locked or fastened in such a manner as not to be easily and immediately opened from the inside in case of fire.
        Any door in a workplace opening on to any staircase or corridor from any room in which more than ten persons are employed and, in the case of any workplace constructed or converted for use as a workplace after the coming into operation of this Act, all other doors affording a means of exit from the workplace for persons employed therein, shall, except in the case of sliding doors, be constructed to open outwards.
        Doors in a workplace giving access to stairways shall not open immediately on to a flight of stairs, but on to a landing of adequate width, in no case less than the width of the door opening on to that landing.
        Every window, door or other exit affording means of escape in case of fire or giving access thereto, other than the means of exit in ordinary use, shall be distinctively and conspicuously marked by a notice printed in red letters of an adequate size.
        In every workplace, effective steps shall be taken to ensure that all the persons employed are familiar with the means of escape in case of fire, and with the routine to be followed in case of fire.
        Where in any workplace, more than twenty persons are employed in the same building, or where explosive or highly inflammable materials are stored or used in any building in which persons are employed, effective provision shall be made for giving warning in case of fire, and the provision of warning shall be operated without exposing any person to undue risk, and be clearly audible throughout the workplace.
        Every hoist way or lift way inside a building constructed after the date of coming into operation of this Act shall be completely enclosed with fire resisting materials, and all means of access to the hoist or lift shall be fitted with doors of fire-resisting materials."

        Restrictions / obligations: The Director may, in any case where he is satisfied that compliance with the requirements regarding buildings constructed after the date of coming into operation of this Act is inappropriate or undesirable, by certificate in writing grant exemption from any of the requirements subject to such conditions as may be specified in the certificate (§ 56(10)(11)).

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 56)

      • 9.4.8 Tobacco

        No data available.

      • 9.4.9 Asbestos

        Summary / Citation: "Where it is necessary to deal with proven carcinogenic substances, particularly in work involving bituminous tar, asphalt, asbestos fibres, pitch, heavy oils, and aromatic solvents, strict measures shall be taken to avoid inhalation and skin contact. "

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 51(8))

      • 9.4.10 Risks related to nanotechnology

        No data available.

      • 9.4.11 Contraction of HIV in the workplace

    • 9.5 Psychosocial hazards

      No data available.

      • 9.5.1 Psychosocial risks

        No data available.

      • 9.5.2 Occupational violence

        No data available.

    • 9.6 Other hazardous substances

      Summary / Citation: "Manufacturers, importers and suppliers of hazardous substances used at workplaces, including those in the agricultural sector, shall provide sufficient information on such substances with the precautions to be taken."
      (§ 51(1))

      "In every workplace in which, in connexion with any dust process carried on, there is given off any dust or fume or other impurity of such a character and to such extent as to be likely to be injurious or offensive to the persons employed, or any substantial quantity of dust of any kind, all practicable measures, including the supply of breathing masks, shall be taken to protect the persons employed against inhalation of the dust or fume or other impurity and to prevent its accumulating in any workroom, and where the nature of the process makes it practicable, exhaust appliances shall be provided and maintained, as near as possible to the point of origin of the dust or fume or other impurity, so as to prevent it entering the air of any workroom."
      (§ 59)

      • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§§ 51(1), 59)

    • 9.7 Machineries

      Sometimes.

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

      • 9.7.1 Risks related to machinery and tools

        Summary / Citation: "Every dangerous part of any moving machinery or component thereof shall be securely fenced, unless it is of such construction as to be safe to every person working on the premises as it would be if securely fenced.
        Provided that, in so far as the safety of a dangerous part of machinery cannot by reason of the nature of the operation be secured by means of a fixed guard, the requirements of this section shall be deemed to have been complied with if a device is provided which, in the opinion of the Director, satisfactorily protects every person employed or working on the premises from coming into contact with that part.
        Any part of stock-bar which projects beyond the headstock of a lathe shall be securely fenced, unless it is in such a position as to be as safe to every person employed or working on the premises as it would be if securely fenced.
        Every part of any transmission machinery shall be securely fenced, unless it is in such a position or of such construction as to be safe to every person employed or working on the premises as it would be if securely fenced.
        The Minister may, with respect to any machine or any process in which a machine is used, make regulations requiring the fencing of materials or articles which are dangerous while in motion in the machine."

        Remarks / comments: The law contains more requirements related to machinery in Part V.

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (Part V)

        Related CEACR Comments
        • Occupational Safety and Health Convention, 1981 (No. 155) Observation 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: "It shall be the duty of every person who undertakes the design or manufacture of any article for use at a workplace to carry out or arrange for the carrying out of any necessary research with a view to discover and, so far as is reasonably practicable, to eliminate or minimize any risks to safety or health to which the design or manufacture of the article may give rise."

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 17(2))

        Related CEACR Comments
        • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
        • Safety and Health in Agriculture Convention, 2001 (No. 184) Observation 2021

      • 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information

        Summary / Citation: "Manufacturers or suppliers of articles and substances used at workplaces have a duty "to take such steps as are necessary to secure that there is available, in connexion with the use of the article at workplace, adequate information about the use for which it is designed and has been tested, and about any conditions necessary to ensure that, when put to that use, the article will be safe and without risks to health."

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§ 17(1))

        Related CEACR Comments
        • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
        • Safety and Health in Agriculture Convention, 2001 (No. 184) Observation 2021

      • 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated

        Summary / Citation: "No lifting machine shall be taken into use in any workplace for the first time in that workplace unless it has been tested, and all such parts and working gear of the machine as are specified in subsection (1) have been thoroughly examined by a competent person, and that person has issued a signed certificate specifying the safe working load or loads of the machine.
        Provided that this subsection shall not apply with respect to any lifting machine in respect of which there has been obtained, and kept available for inspection, a certificate of test and thorough examination issued by the manufacturer of the machine."
        (§ 40(3))

        "No chain, rope or lifting tackle, except a fibre rope or fibre sling, shall be taken into use in any workplace for the first time unless it has been tested and thoroughly examined by a competent person, who shall determine the safe working load. Provided that this paragraph shall not apply to any chain, rope or lifting tackle in respect of which there has been obtained and is kept available for inspection, a certificate of test and examination issued by the manufacturer of the chain, rope or lifting tackle."
        (§ 41(1)(e))

        "No new steam boiler shall be taken into use unless there has been obtained from the manufacturer of the boiler, or from a boiler inspecting company or association, a certificate specifying the maximum permissible working pressure thereof, and stating the nature of the tests to which the boiler and fittings have been submitted, and the certificate is kept available for inspection, and the boiler is also marked as to enable it to be identified as the boiler to which the certificate relates."
        (§ 42(11)(a))

        "No new steam receiver shall be used in any workplace unless there has been obtained from the manufacturer of the receiver, or from a boiler-inspecting company or association, a certificate specifying the safe working pressure of the receiver, and the certificate is kept available for inspection, and the receiver is so marked as to enable it to be identified as the receiver to which the certificate relates."
        (§ 46(6)(a))

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§§ 40(3), 41(1)(e), 42(11)(a), 46(6)(a))

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

      • 9.7.5 Maintenance of machinery and equipment

        Summary / Citation: All fencing and other safeguard provided in accordance with the provisions regulating machinery safety shall be of substantial construction, and shall be constantly maintained and kept in a position while the parts required to be fenced or safeguarded are in motion or in use, except when any such parts are necessarily exposed for examination and for any lubrication or adjustment shown by such examination to be immediately necessary, and all the conditions specified in section 36 are complied with.
        (§ 37)

        "Every hoist and lift at a workplace shall be of good mechanical construction, sound material and adequate strength, and shall, together with all gates, interlocking or other devices required by this section to be fitted, be properly maintained."
        (§ 38 (1))

        "All parts and working gear whether fixed or movable, including the anchorage and fixing appliances, of every crane or other lifting machine shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained."
        (§ 40(1))

        "Every steam boiler and all its fittings and attachments shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained."
        (§ 42(1))

        "Every steam receiver and all its fittings shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained."
        (§ 46(1))

        "Every gas generator, cleaning plant and storage plant shall be so installed and maintained as to be free of leaks and to prevent unintentional opening of control valves."
        (§ 48(4))

        "Every air receiver and all its fittings shall be properly maintained and shall be thoroughly examined by an inspector at least once in every period of twenty four months, and a report of the result of every such examination and test, in the prescribed form and containing the prescribed particulars, including particulars of the safe working pressure, shall, as soon as practicable, be entered in or attached to the general register."
        (§ 47(4))

        • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§§ 37, 38(1), 40(1), 42(1), 46(1), 47(4), 48(4))

        Related CEACR Comments
        • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2021
        • Safety and Health in Agriculture Convention, 2001 (No. 184) Observation 2021

        • 9.7.5.1 List of equipment where applicable

          Summary / Citation: All fencing and other safeguard provided in accordance with the provisions regulating machinery safety shall be of substantial construction, and shall be constantly maintained and kept in a position while the parts required to be fenced or safeguarded are in motion or in use, except when any such parts are necessarily exposed for examination and for any lubrication or adjustment shown by such examination to be immediately necessary, and all the conditions specified in section 36 are complied with.
          (§ 37)

          "Every hoist and lift at a workplace shall be of good mechanical construction, sound material and adequate strength, and shall, together with all gates, interlocking or other devices required by this section to be fitted, be properly maintained."
          (§ 38 (1))

          "All parts and working gear whether fixed or movable, including the anchorage and fixing appliances, of every crane or other lifting machine shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained."
          (§ 40(1))

          "Every steam boiler and all its fittings and attachments shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained."
          (§ 42(1))

          "Every steam receiver and all its fittings shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained."
          (§ 46(1))

          "Every gas generator, cleaning plant and storage plant shall be so installed and maintained as to be free of leaks and to prevent unintentional opening of control valves."
          (§ 48(4))

          "Every air receiver and all its fittings shall be properly maintained and shall be thoroughly examined by an inspector at least once in every period of twenty four months, and a report of the result of every such examination and test, in the prescribed form and containing the prescribed particulars, including particulars of the safe working pressure, shall, as soon as practicable, be entered in or attached to the general register."
          (§ 47(4))

          • Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). (§§ 37, 38(1), 40(1), 42(1), 46(1), 47(4), 48(4))

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

    • 9.8 Provisions to protect workers in specific condition of vulnerability

      Sometimes.

      • 9.8.1 Protection of pregnancy at work

        No.

        Related CEACR Comments
        • Safety and Health in Agriculture Convention, 2001 (No. 184) Observation 2021

      • 9.8.2 Protection of lactating women at work

        No.

        Related CEACR Comments
        • Safety and Health in Agriculture Convention, 2001 (No. 184) Observation 2021

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

        No.

        Related CEACR Comments
        • 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: "No person under the age of fourteen shall be employed or work in any public or private agricultural, industrial or non-industrial undertaking or any branch thereof."
        This shall not apply to work done in homes, vocational technical schools or other training institutions, provided that work done in a vocational technical school or other training institutions is:
        (a) approved and supervised by a public authority; or
        (b) an integral part of the educational or vocational training programme for which the school or institution is responsible.
        (§ 21)

        "No person between the age of fourteen and eighteen years shall work or be employed in any occupation or activity that is likely to be:
        (a) harmful to the health, safety, education, morals or development of such a person;
        (b) or prejudicial to his attendance at school or any other vocational or training programme."
        (§ 22)

        • Employment Act 1999 (No. 6 of 2000) (Cap. 55:02). (§§ 21, 22)

        Related CEACR Comments
        • Minimum Age Convention, 1973 (No. 138) Observation 2018
        • Minimum Age Convention, 1973 (No. 138) Direct Request 2009

  • 10 Recording, notification and investigation of accidents/incidents and diseases

  • 11 OSH inspection and enforcement of OSH legislation

References

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