Rwanda - 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

  Sometimes.
  

  • 2.2.1.1 Migrant workers

    Summary/citation: "Apart from issues to working permits for foreigners working in Rwanda that are determined by immigration and emigration laws, the contract of employment for foreigners working in Rwanda shall be governed by this law and shall be written."

    • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art. 18)

  • 2.2.1.2 Domestic workers

    No data available.
    

  • 2.2.1.3 Home workers

    No data available.
    

  • 2.2.1.4 Self-employed persons

    No data available.
    

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

  Summary/citation: Included
  "Scope of application: This law governs labour relations between workers and employers as well as between the latter and the apprentices or the trainees under their authority as per contract."
  (Article 2)

  "Exclusion from the scope of application:
  The person dealing with family agricultural, breeding, commercial or industrial activities shall not be subjected to the provisions of this law, except for provisions relating to health and safety at workplace as well as to prohibitions for child labour and for pregnant or breastfeeding women."
  (Article 3)

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Arts. 2 and 3)

• 2.4.2 Construction

  Summary/citation: "Scope of application: This law governs labour relations between workers and employers as well as between the latter and the apprentices or the trainees under their authority as per contract."
  

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art.2)

  Related CEACR Comments
  • Safety Provisions (Building) Convention, 1937 (No. 62) Observation 2015
  • Safety Provisions (Building) Convention, 1937 (No. 62) Direct Request 2001
  

• 2.4.3 Services

  Summary/citation: "Scope of application: This law governs labour relations between workers and employers as well as between the latter and the apprentices or the trainees under their authority as per contract."
  

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art. 2)

• 2.4.4 Public sector

  Summary/citation: "Every person employed under the general statutes for the Rwanda public service or every person under specific statutes shall not be subjected to the provisions of this law, except for matters that may be provided for by Prime Minister’s orders."

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art. 3)

  Related CEACR Comments
  • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Observation 2018
  

• 2.4.5 Other

  Summary/citation: The Labour Code states that "the informal sector worker is not subjected to provisions of this law, except for issues relating to social security, the trade union organizations and those relating to health and safety at workplace."

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art. 2)

2.5 Definition of occupational accident

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  No data available.
  

• 2.6.2 Mechanism for compensating other diseases as occupational ones

  No data available.
  

3.1 Competent national authority for safety and health at work

• 3.1.1 Objectives, roles and/or functions

  Summary/citation: Mission:
  To reinforce the national labour standards, promote job creation and institutionalize an efficient and modern public service management framework that will enable private and public sector organizations to perform at their best and effectively contribute to improving the lives of the Rwandan population.
  
  Vision:
  To have an effective and result oriented public administration, delivering prompt services which are responsive to the basic needs and problems of the population, within the framework of good governance. To create a socio-economic environment promoting the generation of decent jobs that fight against poverty, and develop a national competitive labour force which is open to both regional and international markets.
  
  Strategic Objectives:
  - Modernize and Enhance the efficiency and effectiveness of public administration systems and processes
  - Improve public sector capacity for reform
  - Improve institutional capacity and effectiveness
  - Promote gender equity
  - Eradicate all forms of discrimination in the workplace
  - Strengthen public service leadership
  - Promote capacity building and skills development in the public and private sectors
  - Promote effective accountability and good governance
  - Foster social dialogue
  - Eliminate all forms of corruption
  - Promote employment creation
  - Establish standards of work, ethics, competency and organization
  - Enhance and sustain decentralization build compliance with international labour standards and conventions
  - Be compliant with international labour standards and conventions

  Remarks / comments: This information is made available on the Ministry of Public Service and Labour website.

  • Ministry of Public Service and Labour

• 3.1.2 Chairperson and composition

  Summary/citation: The organigramme is available on the Website of the Ministry: http://www.mifotra.gov.rw/index.php?id=91&L=1vincent

  • Ministry of Public Service and Labour

3.2 National OSH research programme or institute

• 3.2.1 Objectives, roles and/or functions

  No data available.
  

• 3.2.2 Governance board constitution and chairmanship

  No data available.
  

• 3.2.3 Source of funding

  No data available.
  

3.3 National OSH programme

• 3.3.1 Consultation on the national OSH programme

  No data available.
  

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

  No data available.
  

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: "Emergency box and medical care:
  The employer must put at the disposal of workers, at his/her own cost, an emergency box of first aid needed in case of accident.
  In case of work accident, the employer must evacuate the injured and the patients to the nearest health centre."

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art. 96)

• 4.8.2 Sanitary installations

  Summary / Citation: "Every employer shall provide persons employed adequate and suitable washrooms which must be kept in a clean and orderly condition."
  (Article 43)

  "The employer shall provide workers with change rooms separated by sex and equipped with sufficient number of seats and individual lockable or padlockable wardrobes for keeping the clothes that are not worn during working hours. The wardrobes shall be thoroughly cleaned at least once a week by workers."
  (Article 44)

  • Arrêté Ministériel déterminant les conditions relatives à la santé et securité du travail (Art. 43-44)

• 4.8.3 Drinking water

  Summary / Citation: "Every employer shall provide and maintain an adequate supply of drinking water conveniently accessible to all persons employed, and free of charge. The water shall be contained in suitable and clean vessels and be protected from contamination. However, if the worker is habitually subjected to harsh working conditions or other conditions that reduces his/her immune system, he/she shall be provided with another soft drink in addition to water.
  It is prohibited to introduce and distribute alcoholic beverages to workers during working hours."

  • Arrêté Ministériel déterminant les conditions relatives à la santé et securité du travail (Art. 41)

• 4.8.4 Rest and eating areas

  Summary / Citation: "Every employer shall ensure that places reserved for taking meals, if available at workplace, are maintained in perfect state of cleanliness and such places shall meet the satisfactory standards of comfort and hygiene.
  Taking food or drinking where a poisonous or otherwise injurious substance is used or where some substances are used so as to generate any dust or fume shall be prohibited."
  (Article 42)

  "Depending on the work schedule and the nature of work, every employer shall provide workers whose work is done standing, suitable facilities for sitting, in order to take advantage of any opportunities for resting which may occur in the course of this employment."
  (Article 45)

  • Arrêté Ministériel déterminant les conditions relatives à la santé et securité du travail (Arts. 42, 45)

5.1 Elements of an OSH management system

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

  No data available.
  

• 5.1.2 Appointment of a person for health and safety

  Summary/citation: "Any establishment which has at least between fifty (50) and one hundred and fifty (150) employees who use products, machines and processes that can cause accidents and diseases related to work assigned to them or to the environment in which they work shall be required to hire a healthy and safety professional."
  (Article 49)

  Health and safety professional is defined as:
  "a) a holder of a Bachelor’s Degree in public health or in a related field with a specific training of at least one (1) month in workplace health and safety issues, or one who holds an associate degree in public health or in any other paramedical option with a specific training of at least two (2) months in health and safety at work place;
  b) a person who pursued higher studies in any field but also successfully attended a training of at least three (3) months on health and safety at workplace related issues".
  (Article 3(1))

  "However, establishment and industry employing at least more than one hundred and fifty (150) employees using products, machines and processes that can cause accidents and diseases shall have a workplace health and safety expert."
  (Article 49)

  Health and Safety Expert is defined as "any person who obtained a post graduate university degree in health and safety at work".
  (Article 3(2))

  • Arrêté Ministériel déterminant les conditions relatives à la santé et securité du travail (Arts. 3.1, 3.2 and 49)

• 5.1.3 Written risk assessment

  Summary/citation: "Internal rules and regulations within the firm:
  Internal rules and regulations shall be required for every firm with more than ten (10) workers. These rules and regulations shall be written in Kinyarwanda and in one of the other official languages. In institutions with several branches, specific governing provisions may be made for each branch."
  (Art. 137)

  "Content of internal rules and regulations:
  Internal rules and regulations shall be established by the firm manager after consultation with the workers’ delegates. The content is mainly limited to rules relating to technical organization of work, discipline, provisions concerning health and the security at workplace."
  (Art. 138)

  Remarks / comments: The internal rules and regulations may provide for a written risk assessment.

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Arts. 137 and 138)

• 5.1.4 Safe operating work systems and procedures

  No data available.
  

• 5.1.5 Training and information on risks

  Summary/citation: "The employer has to educate his/her workers on health and safety and to post in the work premises those safety and health instructions to be observed with regard to safeguarding health and prevention of hazards."

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art. 90)

• 5.1.6 Review or assessment of the results of preventive measures

  No data available.
  

• 5.1.7 Consultation with workers in health and safety

  Summary/citation: Consultation with workers happens through their representatives present in workplace health and safety committee and the staff delegates (délégué du personnel).
  

  • Arrêté ministériel n° 01 du 11 novembre 2014 déterminant les modalités d'élection des délégués du personnel et les conditions d'exercice de leur mission.

  • Arrêté Ministériel déterminant les modalités de mise en place et de fonctionnement des comités de santé et securité au travail 20120517

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art. 161)

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: "An order of the Minister in charge of labour shall determine those institutions which shall have committees on health and safety and medical services at workplace as well as modalities for their functioning."

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art. 95)

  • 6.1.1.1 Qualifications of experts or professional services

    No data available.
    

6.2 Appointment of an OSH practitioner

• 6.2.1 Workforce size threshold for the appointment of OSH practitioners

  Summary/citation: "Any establishment which has at least between fifty (50) and one hundred and fifty (150) employees who use products, machines and processes that can cause accidents and diseases related to work assigned to them or to the environment in which they work shall be required to hire a healthy and safety professional."
  (Article 49)

  Health and safety professional is defined as:
  "a) a holder of a Bachelor’s Degree in public health or in a related field with a specific training of at least one (1) month in workplace health and safety issues, or one who holds an associate degree in public health or in any other paramedical option with a specific training of at least two (2) months in health and safety at work place;
  b) a person who pursued higher studies in any field but also successfully attended a training of at least three (3) months on health and safety at workplace related issues".
  (Article 3(1))

  "However, establishment and industry employing at least more than one hundred and fifty (150) employees using products, machines and processes that can cause accidents and diseases shall have a workplace health and safety expert."
  (Article 49)

  Health and Safety Expert is defined as "any person who obtained a post graduate university degree in health and safety at work".
  (Article 3(2))

  • Arrêté Ministériel déterminant les conditions relatives à la santé et securité du travail (Arts. 3.1, 3.2 and 49)

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: "Where, due to suspension of contract following a disease or accident, a group of three medical doctors recognized by Government declare the worker unfit to resume the service he/she occupied, the employer is requested to shift the worker to another job adapted to his/her capacity and at the same level as the previously occupied post where possible, and transfer if need be by mutation or transformation of the working post.
  Where there is no redeployment of a worker one month after the date on which doctors have declared him/her fit or unfit to resume service, the employer shall pay him/her the same salary as the one paid for the post he/she previously occupied."
  (Article 99)

  "The employer shall inform the Labour Inspector of the area that the worker who had been victim of the accident has been either redeployed, assigned a new position or dismissed due to the accident."
  (Article 100)

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Arts. 99 and 100)

8.1 National OSH committee, commission, council or similar body

• 8.1.1 Objectives, roles and/or functions

  Summary / Citation: "In general, the National Labour Council shall be responsible for giving advice on policies and laws regulating labour and also play a role in settlement of labour disputes. Specifically, the National Labour Council shall be responsible for:
  1º giving advice on bills and draft regulations concerning labour and social security;
  2º assisting in application of laws and regulations;
  3º identifying all the shortcomings in the field of labour laws and to propose amendments;
  4º studying all labour, employment, vocational training, social security related issues and safety as well as the working and living conditions of workers;
  5º providing opinion on studies regarding labour market information and statistics;
  6º providing opinion on setting and changes in the minimum guaranteed wages (SMG);
  7º determining modalities of establishment of the arbitration committees for collective labour disputes and set up those arbitration committees;
  7º giving advice on any other issues raised by the Minister in charge of labour relating to matters under its responsibilities."

  • Arrêté du Premier Ministre n° 125/03 du 25 octobre 2010 portant mission, organisation et fonctionnement du Conseil national du Travail. (Art. 3)

• 8.1.2 Constitution and chairmanship modalities

  Summary / Citation: "The National Labour Council shall be composed of the following:
  1º The Minister in charge of labour who is also its Chairperson ;
  2º Five (5) State representatives;
  3º Five (5) Trade Union representatives;
  4º Five (5) employers’ organisations representatives;
  5º Five (5) Civil Society representatives.
  Except the Chairperson, other members of the National Labour Council shall be appointed by an Order of the Minister in charge of Labour for a four (4) year term renewable only once.
  At least thirty percent (30%) of the members of the National labour council shall be women.
  Members of the National Labour Council shall remain in office until their replacement notwithstanding the expiry of their term of office."
  (Article 4)

  "Representatives of workers, employers and civil society shall be appointed upon proposal by the most representative workers’ and employers’ bodies and of the most representative civil society organisations."
  (Article 5)

  "Members of the National Labour Council shall be required:
  1º not to have been deprived of their civic and political rights;
  2º to be at least twenty five (25) years old;
  3º to be at least five (5) years of work experience;
  4º not to have been never convicted for any labour legislation related offence;
  5º not to have been never sentenced to a term equal to or exceeding six (6) months imprisonment;
  6º not to have been adjudicated for bankruptcy cases."
  (Article 7)

  "The National Labour Council shall be composed of the following organs:
  1º The Chairperson;
  2º The Bureau;
  3º The Secretariat."
  (Article 9)

  • Arrêté du Premier Ministre n° 125/03 du 25 octobre 2010 portant mission, organisation et fonctionnement du Conseil national du Travail. (Arts. 4 - 9)

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: Staff delegates: "Workers’ representatives are elected in firms employing at least ten (10) workers."
  (Article 161 Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda)
  "The employer with at least 10 workers shall organize elections for workers’ representatives. The number of workers’ representatives cannot be changed during a workers’ representative’s term of office due to an increase or reduction in number of workers in the enterprise."
  (Article 3 Arrêté ministériel n° 01 du 11 novembre 2014 déterminant les modalités d'élection des délégués du personnel et les conditions d'exercice de leur mission)
  

  • Arrêté ministériel n° 01 du 11 novembre 2014 déterminant les modalités d'élection des délégués du personnel et les conditions d'exercice de leur mission. (Art. 3)

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art. 161)

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

  Summary / Citation: Staff delegates: "Election of workers’representatives:
  An order of the Minister with Labour in his/her attributions shall determine the modalities of election workers’ representatives and fulfillment of their duties."
  (Article 162, Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda)

  "Number of workers’Representatives and their alternates:
  The number of workers’ representatives and alternates shall be elected in an enterprise employing the following number of employees:
  1- from 10 to 29 workers: 1 representative and 1 alternates;
  2- from 30 to 49 workers: 2 representatives and 2 alternates;
  3- from 50 to 99 workers: 3 representatives and 3 alternates;
  4- from 100 to 249 workers: 4 representatives and 4 alternates;
  5- from 250 to 500 workers: 5 representatives and 5 alternates;
  6- with an additional of 1 representative and 1 alternate for every further 500 workers, up to a maximum of 10 workers’ representatives and 10 alternates.
  Workers’ representatives shall be elected from workers’ of the Enterprise. Each representative shall have an alternate elected in the same conditions that will replace him/her in case of excusable absence, death, resignation, dismissal and transfer from the enterprise, change of professional category, termination of contract, retirement and loss of eligibility.
  The elected workers’ representatives in enterprise shall comprise at least 30% of women if possible."
  (Article 4 Arrêté ministériel n° 01 du 11 novembre 2014 déterminant les modalités d'élection des délégués du personnel et les conditions d'exercice de leur mission)

  "Eligibility to vote: In order to vote, a worker shall satisfy the following conditions:
  - having 18 years of age;
  - having voting rights;
  - having fixed or unfixed term contract for at least 6 months during the calendar year preceding the elections;
  - daily workers’ having worked continuously for at least six (6) months preceding the elections."
  (Article 10 Arrêté ministériel n° 01 du 11 novembre 2014 déterminant les modalités d'élection des délégués du personnel et les conditions d'exercice de leur mission)

  "Eligibity to stand for election: Any worker who has worked in an enterprise for at least a year shall be eligible to stand for office."
  (Article 11 Arrêté ministériel n° 01 du 11 novembre 2014 déterminant les modalités d'élection des délégués du personnel et les conditions d'exercice de leur mission)

  • Arrêté ministériel n° 01 du 11 novembre 2014 déterminant les modalités d'élection des délégués du personnel et les conditions d'exercice de leur mission. (Arts. 4, 10 and 11)

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art. 162)

8.4 OSH representatives’ functions, rights and powers

• 8.4.1 Right to inspect the workplace

  No data available.
  

• 8.4.2 Right to access OSH information

  Summary / Citation: "Providing useful information: Except for very sensitive business information, the enterprise head/owner shall provide workers’ representatives with key company information in order to facilitate them executing their mission.
  The parties will agree on the nature of such key information, but this shall include at least:
  - Annual balance sheets, profit and loss accounts as basic information usually requested for publication;
  - Company’s development plans."

  Remarks / comments: OSH information can be accessed under this article.

  • Arrêté ministériel n° 01 du 11 novembre 2014 déterminant les modalités d'élection des délégués du personnel et les conditions d'exercice de leur mission. (Art. 41)

• 8.4.3 Right to be present at interviews

  No data available.
  

• 8.4.4 Right to receive professional assistance from OSH experts

  Summary / Citation: "Recourse to advice of experts: The workers’ representatives may invite experts to attend workers’ representatives meetings with a view to dealing with a particular subject. Such invitations may also be extended to managers in the enterprise.
  The members of the workers’ representatives may ask experts or directors of the enterprise information and advice in the meeting."

  • Arrêté ministériel n° 01 du 11 novembre 2014 déterminant les modalités d'élection des délégués du personnel et les conditions d'exercice de leur mission. (Art. 45)

• 8.4.5 Right to accompany inspectors

  No data available.
  

• 8.4.6 Right to use facilities

  Summary / Citation: "Necessary premise: The employer shall provide to workers’representatives a place where they can conduct meetings in order to enable them to accomplish their duties. In case of open sites where there are no premises, he/she shall facilitate the meetings of the workers’ representatives to the extent possible."

  • Arrêté ministériel n° 01 du 11 novembre 2014 déterminant les modalités d'élection des délégués du personnel et les conditions d'exercice de leur mission. (Art. 39)

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

  Summary / Citation: Staff delegates: "Time allowed to workers’representatives to exercise their responsibilities:
  Each workers’ representative is entitled to specified time per month for the execution of his/her mission as agreed upon through collective agreements or particular agreement with the enterprise manager. This time shall be deducted from the working hours of the representative. However, this time may exceed these limits with the agreement of the employer and be granted special payment at the normal rate. Unused time may not be carried forward to the following month or be subject of any compensation whatsoever. The alternate representative shall benefit from this free time only if he/she is replacing the substantive representative. In case of temporary replacement due to excusable absence, the time spent by the alternate shall be charged to that of the substantive representative."

  • Arrêté ministériel n° 01 du 11 novembre 2014 déterminant les modalités d'élection des délégués du personnel et les conditions d'exercice de leur mission. (Art. 38)

• 8.4.8 Right to issue remedial notices

  No data available.
  

• 8.4.9 Right to resolve OSH issues in consultation with employers

  Summary / Citation: "Mission of the workers’ representatives:
  Workers’ representatives are elected in firms employing at least ten (10) workers.
  Those representatives have the following mission:
  - to inform the employer of individual and collective claims relating to work;
  - to submit to the labour inspectorate any claim or any issue relating to application of the laws;
  - to ensure that laws relating to worker’s health and protection against accidents are complied with and advise on compliance;
  - to contribute ideas on the plan for staff compression and criteria to be used due to job shortage or that employer has planned to restructure the functioning of firm;
  - to communicate to the employer all useful suggestions aimed at the firm’s better functioning and output improvement."
  (Article 161 Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda)

  "Meetings with the head of enterprise: Workers’ representatives shall meet the head of the enterprise at least once every quarter. They shall also meet without delay upon their request in case of emergency, either collectively or individually, depending on the nature of the issue at hand."
  (Article 43 Arrêté ministériel n° 01 du 11 novembre 2014 déterminant les modalités d'élection des délégués du personnel et les conditions d'exercice de leur mission)

  • Arrêté ministériel n° 01 du 11 novembre 2014 déterminant les modalités d'élection des délégués du personnel et les conditions d'exercice de leur mission. (Art. 43)

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art. 161)

• 8.4.10 Right to direct that dangerous work cease

  No data available.
  

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

• 8.5.1 Right to enter the workplace

  No data available.
  

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

  No data available.
  

• 8.5.3 Right to consult with workers

  No data available.
  

• 8.5.4 Right to advise workers

  No data available.
  

• 8.5.5 Right to initiate enforcement action

  No data available.
  

8.6 Joint OSH Committee

• 8.6.1 Participation of workers’ representatives in joint OSH committee

  Summary / Citation: "The Workplace Health and Safety Committee shall comprise of the following members:
  - A representative of staff nominated by his/her peers: Chairperson;
  - A trade union representative nominated by members of the trade union Committee: Vice president;
  - A representative of the employer;
  - The workplace health and safety professional/expert or the officer in charge of health service in case the institution or company has such an officer;
  - Any person who may advise on how to design and improve the occupational health and safety measures.
  Companies which have branches shall be required to set up committee comprising of two representatives of the registered office and two representatives of each Workplace Health and Safety Committee of the branch."

  • Arrêté Ministériel déterminant les modalités de mise en place et de fonctionnement des comités de santé et securité au travail 20120517 (Art. 4)

• 8.6.2 Conditions for establishing a joint OSH committee

  Summary / Citation: "Any institution or company employing at least twenty (20) workers and which operates in the industrial sector, public works and construction or engaged in mechanical works or mining shall have to establish a workplace health and safety committee. Institutions and companies operating in sectors other than those specified above and employing fifty (50) persons shall also put in place a health and safety committee.
  However, the professional/expert in charge of health and safety at national level or the labour inspector of the area of the activities may obligate the establishment of a workplace health and safety committee in institutions employing workers below the number set out in Section One and two of this Article taking into account the nature of work to be performed and the severity of particular hazards to which workers are exposed. For other institutions which do not have the required number of workers to establish workplace health and safety committees, workers shall choose a workplace health and safety representative and his deputy. The same shall also apply to specific types of activities such as public transport where the driver and the conductor shall be equipped enough to assume the responsibilities pertaining to occupational health and safety."
  (Article 3)

  "Members of the Workplace Health and Safety Committee shall be elected for a three (3) year renewable mandate.
  In case a member of the Workplace Health and Safety Committee loses his/her position, he/she shall be replaced within a period of one (1) month from the date of loss of membership."
  (Article 5)

  • Arrêté Ministériel déterminant les modalités de mise en place et de fonctionnement des comités de santé et securité au travail 20120517 (Arts. 3 and 5)

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

  Summary / Citation: "The Workplace Health and Safety Committee has the following responsibilities:
  - To analyse occupational accidents to which workers of the institution may be exposed;
  - To conduct investigations in case an accident occurs or in occurrence of an occupational disease and propose prevention and protection measures;
  - To conduct investigations on occupational accidents resulting in death of a worker or the causes of permanent disability or those which have revealed a serious danger to the worker’s health and to draw conclusions based on investigations;
  - To regularly submit updated statistics on occupational accidents and diseases and make quarterly reports on the progress made towards prevention within the company;
  - To ensure implementation of workplace health and safety legislative and regulatory requirements;
  - To provide advice on any initiative relating the safest and reliable methods of work through the choice and adaptation of materials and equipment necessary for the work and the adjusting of work places;
  - To provide, through effective means the meaning of occupational hazard;
  - To provide advice on health and safety training programmes and adjustment of such programmes;
  - To examine documents specifying, for each training activity, the duration and the means allocated to achieve it and to ensure its effective implementation;
  - To ensure that all appropriate measures are taken to provide training of workers and upgrade their skills in the field of occupational health and safety;
  - To ensure the organization and training of the team tasked with providing first aid at workplace and ensure that it is provided with equipment necessary for discharging its duties in case any hazard occurs;
  - To sensitize workers on workplace health and safety related issues and develop a culture of prevention of occupational accidents and hazards and the fight against AIDS or any other public health danger."

  • Arrêté Ministériel déterminant les modalités de mise en place et de fonctionnement des comités de santé et securité au travail 20120517 (Art. 7)

• 8.6.4 Keeping record of the work of joint OSH committees

  Summary / Citation: "Quarterly report: The workplace health and safety committee shall make a quarterly report on the state of health and safety within the institution to be addressed to the employer with a copy thereof reserved to the Labour Inspector of the area, the Ministry in charge of Labour and to Rwanda Social Security Board and shall ensure the implementation of the recommendations made."
  (Article 8)

  "Workplace health and safety Register: The recommendations or decisions of the committee and findings of the investigations or remarks arising from visits at the institution shall be recorded in the workplace health and safety register. The Workplace health and safety register shall be availed upon request to the District Labour Inspector, the workplace health and safety expert/ Professional and to Rwanda Social Security Board.
  The workplace health and safety Register shall comprise of the following three (3) parts:
  1- The first part contains findings of investigations conducted by members of the health and safety committee as part of their mission as well as reports of visits in the institution;
  2- The second part shall contain all occupational accidents and diseases which occurred in the institution;
  3- The third part is reserved for the observations of the officer of Rwanda Social Security Board, the Labour Inspector and those of the occupational health and safety Professional/expert at National level."
  (Article 11)
  

  • Arrêté Ministériel déterminant les modalités de mise en place et de fonctionnement des comités de santé et securité au travail 20120517 (Arts. 8 and 11)

• 8.6.5 Sharing the minutes of joint OSH committees meetings

  No data available.
  

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

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

  No data available.
  

• 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users

  No data available.
  

• 9.2.3 Pesticides

  No data available.
  

9.3 Ergonomic hazards

9.4 Physical hazards

• 9.4.1 Ionising radiation

  Summary / Citation: "Depending on the nature of work, the basic safety protective clothing and appliances of employed person shall consist of among others sunglasses to protect the worker against annoying lights, all kinds of radiation harmful to eyesight and all solid, liquid or gaseous emissions likely to cause injury, as well as lead-coated blouses and/or other appropriate devices for protection against radiation harmful to the health of the exposed individual."

  • Arrêté Ministériel déterminant les conditions relatives à la santé et securité du travail (Art. 46)

• 9.4.2 Vibration and noise

  Summary / Citation: "In every workplace where the level of sound energy or vibration emitted can result in hearing impairment or be harmful to health or otherwise dangerous, all practicable measures shall be taken by the employer to ensure the elimination or control of such sound energy for purposes of protecting any person who may be exposed.
  In every workplace where any vibration which is transmitted to the human body through solid structure, is harmful to health, all practicable control, preventive and protective measures shall be taken by the employer to secure the safety and health of any such person who may be exposed to the vibration."
  

  • Arrêté Ministériel déterminant les conditions relatives à la santé et securité du travail (Art. 29)

• 9.4.3 Working at height

  Summary / Citation: "Depending on the nature of work, the basic safety protective clothing and appliances of employed person shall consist of among others harness and lifeline for protection against falls from height."
  

  • Arrêté Ministériel déterminant les conditions relatives à la santé et securité du travail (Art. 46)

  Related CEACR Comments
  • Safety Provisions (Building) Convention, 1937 (No. 62) Observation 2015
  • Safety Provisions (Building) Convention, 1937 (No. 62) Direct Request 2001
  

• 9.4.4 Working in confined spaces

  No data available.
  

• 9.4.5 Risks arising from poor maintenance of workplace facilities

  Summary / Citation: "Cleanliness at work place:
  Working premises shall be kept clean and equipped with health safety and protection facilities."
  (Article 90 Loi n°13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda)

  "Every work place shall be kept in a clean state, free from effluvia arising from any drain or other places.
  The floor of the working premises shall be made of resistant, waterproof, and easy-toclean materials. Where the floor becomes slippery due to materials worked in the premises, the worker shall be provided with slip resistant protective equipment and be warned against it. Wherever possible, the various work places shall be leveled. If not possible, the inclination shall be as low as possible."
  (Article 7 Arrêté Ministériel déterminant les modalités de mise en place et de fonctionnement des comités de santé et sécurité au travail)

  "Floor hygiene: The floor shall be thoroughly cleaned at least once a day and whenever necessary. Wherever possible, the cleaning shall be done before or after working hours. The cleaning shall be performed with a suction device, brooms, brush or damp clothes in case the conditions of operation or floor coatings do not permit washing."
  (Article 8 Arrêté Ministériel déterminant les modalités de mise en place et de fonctionnement des comités de santé et sécurité au travail)

  • Arrêté Ministériel déterminant les conditions relatives à la santé et securité du travail (Arts. 7,8)

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art. 90)

• 9.4.6 Exposure to extreme temperatures

  No data available.
  

• 9.4.7 Fire risks

  Summary / Citation: "Section One: Fire prevention
  Fire risk buildings: All stocks of highly inflammable substances shall be kept in a fire-resisting store or in a safe place outside any occupied building in order not to endanger the means of escape from the workplace or from any part thereof in the event of a fire occurring in the store."
  (Article 31)

  "Isolation of fire risk facilities: Fire risk facilities shall be located in special areas and separated from other buildings for the safety of the latter and in order to facilitate fire fighting and containment. In the premises, fire risk workplaces therein shall, in any circumstance, be isolated from other places."
  (Article 32)

  "Lighting and ventilation of premises: Premises in which flammable materials are stored and handled shall only be lit up by double-jacketed electric lamps, contain no firebox, flame and have no device that can produce sparks or incandescence parts. The premises shall have sufficient air. Flames of portable lighting appliances shall be kept away from any combustible part of the building, furniture or stored goods at a horizontal distance of at least thirty (30) centimeters. The passage between the exit and the work place shall remain free of any obstructions. Where the windows of such premises are
  equipped metals, such metals shall be opened from inside."
  (Article 33)

  "Precaution measures: No person shall leave flammable materials in the stairways, corridors, under the stairs and near the exits of the buildings. Packaging materials, sawdust, rags, cotton materials or any other waste soaked with oil or grease, wood and plastic waste shall not be piled at the place of work but rather in a safe place in closed metal and waterproof containers in order to be properly disposed of accordingly."
  (Article 34)

  "Lighting apparatus with liquid or gaseous fuels: During working hours, filling the lighting apparatus with liquid or gaseous fuels, either in the workplace or in the passages or stairs shall be carried out only during the day and with no fire lit. Pipes transmitting liquid or gaseous fuels to lighting and heating apparatus shall be wholly made up of metal without liking."
  (Article 35)
  

  • Arrêté Ministériel déterminant les conditions relatives à la santé et securité du travail (Arts. 31 - 35)

• 9.4.8 Tobacco

  Summary / Citation: "Prohibition of smoking: Smoking is strictly prohibited in the workplace and in premises where there are readily combustible or flammable materials. Smoking prohibition signs shall be clearly displayed in a visible place and smoke detectors shall be installed near such places."

  • Arrêté Ministériel déterminant les conditions relatives à la santé et securité du travail (Art. 36)

• 9.4.9 Asbestos

  No data available.
  

• 9.4.10 Risks related to nanotechnology

  No data available.
  

• 9.4.11 Contraction of HIV in the workplace

  Summary / Citation: "The Workplace Health and Safety Committee has the following responsibilities, among others: to sensitize workers on workplace health and safety related issues and develop a culture of prevention of occupational accidents and hazards and the fight against AIDS or any other public health danger."

  • Arrêté Ministériel déterminant les modalités de mise en place et de fonctionnement des comités de santé et securité au travail 20120517 (Art. 7)

9.5 Psychosocial hazards

• 9.5.1 Psychosocial risks

  No data available.
  

• 9.5.2 Occupational violence

  Summary / Citation: "Protection of workers against violence or harassment:"

  "Prohibition of Gender based violence: It shall be forbidden to directly or indirectly subject a worker to gender based violence or moral harassment within the context of work."
  (Article 9)

  "Resignation in case of violence: The resignation of a worker who is victim of violence by his/her supervisor is considered as an unfair dismissal."
  (Article 10)

  "Prohibition of punishment in case of violence: No worker shall be dismissed for having reported or testified on violence."
  (Article 11)

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Arts. 9 - 11)

9.6 Other hazardous substances

9.7 Machineries

• 9.7.1 Risks related to machinery and tools

  Summary / Citation: "All plant, machinery and equipment whether fixed or mobile for use either at the workplace or as a workplace, shall only be used for work which they are designed for and be operated by a competent person."
  (Article 13)

  "Any flywheel connected to any prime mover and every moving part of any prime mover shall be kept in a separate engine-house and shall be enclosed in fixed partitions. Electric generator, motor and rotary converter and flywheel directly connected thereto and every part of transmission machinery shall be securely fenced. Generators and engine rooms shall only be accessible to workers assigned to run and regularly maintain these machines. The soil surface in the in-between space shall be leveled and rendered non-slippery."
  (Article 14)

  • Arrêté Ministériel déterminant les conditions relatives à la santé et securité du travail (Arts. 13 and 14)

• 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries

  No data available.
  

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

  Summary / Citation: No data available, however Article 16 states that the "installing, importing and operating a machine or its parts likely to be hazardous shall be done in such a way that unauthorized employees cannot either voluntarily or involuntarily access them while in operation. The employer shall ensure that the machine operating instructions and the danger signs are translated into languages that are understandable and displayed near the machine" and Article 17 states that "every worker shall not perform any work in the rotation plane of a machine and in the immediate vicinity of a wheel, a millstone of any rotating machine or any machinery that is weighty and high-speed rotating.
  Any high-speed rotating millstone shall be mounted or covered so that in case of breakage, fragments will be retained either by mounting parts or by the cover. A clear inscription indicating the maximum number of rotations such machines swing in a minute shall be placed on each rotating machine and its millstone or on any other weighty and rotating."

  • Arrêté Ministériel déterminant les conditions relatives à la santé et securité du travail (Arts. 16 and 17)

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

  Summary / Citation: "It is forbidden to import, display, sell, lease out, give away under any circumstances or to use appliances, machines and parts of machines which were manufactured or imported contrary to standards aimed to ensure protection of worker’s health and prevention of hazards."

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art. 92)

• 9.7.5 Maintenance of machinery and equipment

  Summary / Citation: "Maintenance of machines: It is prohibited to clean and lubricate drive components and mechanisms of a machine while it is in operation. In case a part of a machine is under repair or if it is being cleaned, the machine shall be shut down by an appropriate device that blocks the movement of its moving parts that may otherwise cause injuries to a worker."
  (Article 20)

  "The startup, repair and maintenance of installations shall be entrusted to a fully qualified staff within or outside the establishment. The installations shall be protected to the extent that no other person can access them or be permitted to tamper with them. The worker standing near the operating machine shall wear form-fitting and non floating clothing."
  (Article 15)

  • Arrêté Ministériel déterminant les conditions relatives à la santé et securité du travail (Arts. 15 and 20)

  • 9.7.5.1 List of equipment where applicable

    Summary / Citation: "Hoists and lifts: Every hoist or lift shall be of good mechanical construction and adequate strength, free from patent defect and be properly maintained at least once in every period of six (6) months. Where the examination shows that the hoist or lift cannot continue to be used with safety, repairs shall be carried out immediately."
    

    Remarks / comments: There might be other equipment where this is applicable.

    • Arrêté Ministériel déterminant les conditions relatives à la santé et securité du travail (Art. 51)

9.8 Provisions to protect workers in specific condition of vulnerability

• 9.8.1 Protection of pregnancy at work

  Summary / Citation: "Works prohibited to pregnant or breastfeeding women:
  Pregnant or breastfeeding woman shall not be employed in activities which may be harmful to their lives or to those of their babies. An order of the Minister in charge of Labour shall determine the nature of those works prohibited to pregnant or breastfeeding women."
  (Article 74 Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda)

  Definition: "Pregnant woman: a woman who is in a state of pregnancy which is the process of human gestation that takes place in the female’s body as a fetus develops."
  (Article 3 Arrêté Ministériel déterminant les modalités de mise en place et de fonctionnement des comités de santé et sécurité au travail)

  "Upon presentation of a medical certificate from a recognized medical doctor, the employed pregnant woman shall not be employed for work which might pose a threat to her health and that of her pregnancy."
  (Article 51 Arrêté Ministériel déterminant les modalités de mise en place et de fonctionnement des comités de santé et sécurité au travail)

  "Where a significant risk has been identified on the health of the pregnant or breastfeeding woman, the following measures shall be taken:
  - elimination of the causes of identified risks;
  - adaptation of her conditions of work;
  - transfer to another post without loss of her pay in case such an adaptation is not possible."
  (Article 53 Arrêté Ministériel déterminant les modalités de mise en place et de fonctionnement des comités de santé et sécurité au travail)

  • Arrêté Ministériel déterminant les modalités de mise en place et de fonctionnement des comités de santé et securité au travail 20120517 (Arts. 3, 51 and 53)

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art. 74)

• 9.8.2 Protection of lactating women at work

  Summary / Citation: "Works prohibited to pregnant or breastfeeding women:
  Pregnant or breastfeeding woman shall not be employed in activities which may be harmful to their lives or to those of their babies.An order of the Minister in charge of Labour shall determine the nature of those works prohibited to pregnant or breastfeeding women."
  (Article 74 Loi n°13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda)

  Definition: "breastfeeding woman: a woman feeding an infant with milk through the mother’s breast."
  (Article 3 Arrêté Ministériel déterminant les modalités de mise en place et de fonctionnement des comités de santé et securité au travail)

  "Upon presentation of a medical certificate from a recognized practitioner to the employer, the employed breastfeeding woman shall not be employed for work which might pose a threat to her health and her pregnancy."
  (Article 52 Arrêté Ministériel déterminant les modalités de mise en place et de fonctionnement des comités de santé et securité au travail)

  "Where a significant risk has been identified on the health of the pregnant or breastfeeding woman, the following measures shall be taken:
  - elimination of the causes of identified risks;
  - adaptation of her conditions of work;
  - transfer to another post without loss of her pay in case such an adaptation is not possible."
  (Article 53 Arrêté Ministériel déterminant les modalités de mise en place et de fonctionnement des comités de santé et securité au travail)

  • Arrêté Ministériel déterminant les modalités de mise en place et de fonctionnement des comités de santé et securité au travail 20120517 (Arts. 3, 52 and 53)

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art. 74)

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

  No data available.
  

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

  Summary / Citation: "The child shall be subject to the work which is propotionate to his/her capacity. The child cannot be employed in the nocturnal, laborious, unsanitary or dangerous services for his/her health as well as his/her education and morality."
  (Article 6)

  "An order of the Minister in charge of labour shall dermine the list of worst forms of child that are not allowed to use them and their prevention mechanisms."
  (Article 72)
  

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Arts. 6 and 72)

  Related CEACR Comments
  • Minimum Age Convention, 1973 (No. 138) Observation 2013
  • Minimum Age Convention, 1973 (No. 138) Direct Request 2020
  

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 duty to investigate the causes of work accidents and cases of occupational diseases is fulfilled within the workplace by the health and safety committee (composed of several members including a representative of the employer) "who has among others the following responsibilities:
  - To analyse occupational accidents to which workers of the institution may be exposed;
  - To conduct investigations in case an accident occurs or in occurrence of an occupational disease and propose prevention and protection measures;
  - To conduct investigations on occupational accidents resulting in death of a worker or the causes of permanent disability or those which have revealed a serious danger to the worker’s health and to draw conclusions based on investigations;
  - To regularly submit updated statistics on occupational accidents and diseases and make quarterly reports on the progress made towards prevention within the company."
  

  • Arrêté Ministériel déterminant les modalités de mise en place et de fonctionnement des comités de santé et securité au travail 20120517 (Art. 7)

• 10.1.2 Near miss incidents

  No data available.
  

• 10.1.3 Occupational diseases

  Summary / Citation: The duty to investigate the causes of work accidents and cases of occupational diseases is fulfilled within the workplace by the health and safety committee (composed of several members including a representative of the employer) "who has among others the following responsibilities:
  - To analyse occupational accidents to which workers of the institution may be exposed;
  - To conduct investigations in case an accident occurs or in occurrence of an occupational disease and propose prevention and protection measures;
  - To conduct investigations on occupational accidents resulting in death of a worker or the causes of permanent disability or those which have revealed a serious danger to the worker’s health and to draw conclusions based on investigations;
  - To regularly submit updated statistics on occupational accidents and diseases and make quarterly reports on the progress made towards prevention within the company."

  • Arrêté Ministériel déterminant les modalités de mise en place et de fonctionnement des comités de santé et securité au travail 20120517 (Art. 7)

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: "Where the Labour Inspector shows his/her office’s documentary evidence, he/she may among others enter, during working hours whether at night or during the day, any firm of his/her area for inspection."
  (Article 158 Loi n°13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda)

  "For the purpose of implementation of this order, the national occupational safety and health expert or labour inspector have powers to do the following, among others: enter, inspect and examine by day or by night any workplace. He/she may notify the employer or not, of his/her arrival day at the workplace for inspection."
  (Article 6 Arrêté Ministériel déterminant les modalités de mise en place et de fonctionnement des comités de santé et sécurité au travail)
  

  • Arrêté Ministériel déterminant les conditions relatives à la santé et securité du travail (Art. 6)

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art. 158)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

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

  Summary / Citation: "Where the Labour Inspector shows his/her office’s documentary evidence, he/she may:
  1. enter, during working hours whether at night or during the day, any firm of his/her area for inspection;
  2. initiate any control or investigation considered necessary to ensure that legal provisions are actually observed and particularly:
  a) question, alone or before witnesses, an employer or workers on all issues relating to the institution’s compliance with the laws and regulations in force;
  b) request to see whether the registers and other documents are kept in such a manner as provided for by the labour law. The Labour Inspector shall be given a copy of any document upon request;
  c) order to display in the firm notices provided for by the law;
  d) take with him/her some of the substances of the firm in the presence of the employer or his/her representative for analysis of their nature. The expense deriving from this analysis is charged to Government.
  When it is established that these substances may be harmful to health, protection measures shall be taken.
  3. collect, analyse and make forecasts for labour statistics in his/her area."
  (Article 158 Loi n°13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda)

  "For the purpose of implementation of this order, the national occupational safety and health expert or labour inspector have powers to do the following:
  1° enter, inspect and examine by day or by night any workplace. He/she may notify the employer or not, of his/her arrival day at the workplace for inspection;
  2° take photographs of workplace or photographs of scenes of occupational accidents;
  3° take or remove samples of any articles or substances found at any place of work after notification of the employer for examination. The expenses deriving from this analysis is charged to Government;
  4° require any person he/she finds in a workplace to give him/her such information as may be necessary for the exercise of his/her powers;
  5° examine alone or in presence of other person, as he/she thinks fit in respect of matters provided under this Order at workplace;
  6° inform and advise employees and employers in matters relating to occupational safety and health;
  7° request to see whether the registers and other documents are used and kept in such a manner as required.
  The occupational safety and health expert/professional or labour inspector shall be given a copy of any document upon request. The occupational safety and health expert/professional or labour inspector shall not disclose any information obtained by him/her in the course of his/her duties except when so required by law."
  (Article 6 Arrêté Ministériel déterminant les modalités de mise en place et de fonctionnement des comités de santé et sécurité au travail)

  • Arrêté Ministériel déterminant les conditions relatives à la santé et securité du travail (Art. 6)

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art. 158)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

• 11.2.3 Power to investigate

  Summary / Citation: "Where the Labour Inspector shows his/her office’s documentary evidence, he/she may:
  1. enter, during working hours whether at night or during the day, any firm of his/her area for inspection;
  2. initiate any control or investigation considered necessary to ensure that legal provisions are actually observed and particularly:
  a) question, alone or before witnesses, an employer or workers on all issues relating to the institution’s compliance with the laws and regulations in force;
  b) request to see whether the registers and other documents are kept in such a manner as provided for by the labour law. The Labour Inspector shall be given a copy of any document upon request;
  c) order to display in the firm notices provided for by the law;
  d) take with him/her some of the substances of the firm in the presence of the employer or his/her representative for analysis of their nature. The expense deriving from this analysis is charged to Government.
  When it is established that these substances may be harmful to health, protection measures shall be taken.
  3. collect, analyse and make forecasts for labour statistics in his/her area."

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art. 158)

• 11.2.4 Duty to provide advice on OSH

  Summary / Citation: "The functions of a Labour Inspector shall be to secure the enforcement of the legal provisions relating to labour. The Labour Inspector shall be responsible to give information and advice to employers and workers concerning the most effective means of complying with the legal provisions."
  (Article 3 Arrêté Ministériel n°07 du 13 juillet 2010 déterminant les modalités de fonctionnement de l'inspecteur du travail)

  "The labour inspectorate is an organ which is dependent on the Labour Directorate at national level. It shall operate at national or district level. It is tasked with monitoring compliance with the labour code and the provisions of collective conventions as well as social security laws. The Labour inspector shall draft a report on all such activities that are contrary to the provisions of the labour code and the social security. He or she has the mission to inform and advise in matters relating to labour law."
  (Article 157 Loi n°13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda)

  "For the purpose of implementation of this order, the national occupational safety and health expert or labour inspector have powers to do the following, among others: inform and advise employees and employers in matters relating to occupational safety and health."
  (Article 6 Arrêté Ministériel déterminant les conditions relatives à la santé et securité du travail)
  

  • Arrêté Ministériel déterminant les conditions relatives à la santé et securité du travail (Art. 6)

  • Arrêté ministériel n° 07 du 13 juillet 2010 déterminant les modalités de fonctionnement de l'inspecteur du travail. (Art. 3)

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art. 157)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

11.3 OSH inspectors’ enforcement powers

• 11.3.1 Power to issue orders or notices

  Summary / Citation: "A warning notice shall be made in writing, either on the employer’s register, or by a registered letter with acknowledgement receipt.
  It is dated and signed, it clearly lists infringements or dangers noticed in the enterprise and fix the delay within which the employer shall have set them right. This delay is reasonably given in accordance with the situation and cannot be less than seven (7) days, except in case of instant emergency."
  (Article 8 Arrêté Ministériel n°07 du 13 juillet 2010 déterminant les modalités de fonctionnement de l'inspecteur du travail)

  "The following sanctions may be imposed depending, on the gravity of the fault committed:
  1° except in cases of grave violations of law, no sanction can be imposed to an employer without a formal notice. The duration of the notice shall not exceed thirty (30) working days, and shall be recorded in the workplace health and and safety register, and if not possible, it shall be sent through a registered letter with acknowledgment of receipt;
  2° temporary closure of any establishment for a period of between seven (7) days to two (2) months for failure to abide by the formal warning request;
  3° permanent closure of the enterprise in case of failure to address the issues during the temporary closure.
  The formal notice shall be dated and signed and shall state the fault committed and the deadline for the rectification.
  The duration of the warning notice shall be determined depending on the circumstances, the magnitude and the period for rectification of the situation.
  Any sanction referred to in Paragraph One of this Article shall be decided the Minister in charge of labor, based on report done by the Professional/Expert in charge of Occupational Health and Safety at National level. When the sanction is to be based on the report done by the District labor Inspector, the said report shall require prior verification by the professional/expert in charge of occupational health and safety at National level and decided by the Minister in charge of labor.
  In case of temporary closure, none or no establishment may resume its activities without authorization of the organ that took the decision."
  (Article 55 Arrêté Ministériel déterminant les conditions relatives à la santé et sécurité du travail)

  • Arrêté Ministériel déterminant les conditions relatives à la santé et securité du travail (Art. 55)

  • Arrêté ministériel n° 07 du 13 juillet 2010 déterminant les modalités de fonctionnement de l'inspecteur du travail. (Art. 8)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

• 11.3.2 Power to impose financial penalties

  No data available.
  

• 11.3.3 Power to revoke or suspend licenses or authorisations

  Summary / Citation: "The following sanctions may be imposed depending, on the gravity of the fault committed:
  1° except in cases of grave violations of law, no sanction can be imposed to an employer without a formal notice. The duration of the notice shall not exceed thirty (30) working days, and shall be recorded in the workplace health and and safety register, and if not possible, it shall be sent through a registered letter with acknowledgment of receipt;
  2° temporary closure of any establishment for a period of between seven (7) days to two (2) months for failure to abide by the formal warning request;
  3° permanent closure of the enterprise in case of failure to address the issues during the temporary closure.
  The formal notice shall be dated and signed and shall state the fault committed and the deadline for the rectification.
  The duration of the warning notice shall be determined depending on the circumstances, the magnitude and the period for rectification of the situation.
  Any sanction referred to in Paragraph One of this Article shall be decided the Minister in charge of labor, based on report done by the Professional/Expert in charge of Occupational Health and Safety at National level. When the sanction is to be based on the report done by the District labor Inspector, the said report shall require prior verification by the professional/expert in charge of occupational health and safety at National level and decided by the Minister in charge of labor.
  In case of temporary closure, none or no establishment may resume its activities without authorization of the organ that took the decision."

  • Arrêté Ministériel déterminant les conditions relatives à la santé et securité du travail (Art. 55)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

• 11.3.4 Power to require the cessation of dangerous work

  No data available.
  

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

• 11.3.5 Power to initiate prosecutions

  Summary / Citation: "Failure to comply with provisions of this Order shall be subject to a statement made by the labor inspector of the District and forwarded to Occupational Health and Safety Expert/professional at the national level, for appropriate sanctions or decisions. The said statement may be made by the national occupational safety and health expert upon his/her own investigations."

  • Arrêté Ministériel déterminant les conditions relatives à la santé et securité du travail (Art. 54)

• 11.3.6 Power to conduct prosecutions

  No data available.
  

• 11.3.7 Other enforcement powers

  Summary / Citation: "The labor inspector can request for the examination of the children by a recognised doctor, in order to verify if the work with which they are entrusted is neither beyond their strengths and or harmful to their health. Also this examination may be requested for by all those parties interested in the matter. Where it is established that the provisions of article 6 of this law are not complied with, the child’s employment contract shall be terminated and notice allowance be paid to the child."
  (Article 7 Loi n°13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda)

  "Any institution or company employing at least twenty (20) workers and which operates in the industrial sector, public works and construction or engaged in mechanical works or mining shall have to establish a workplace health and safety committee. Institutions and companies operating in sectors other than those specified above and employing fifty (50) persons shall also put in place a health and safety committee.
  However, the professional/expert in charge of health and safety at national level or the labour inspector of the area of the activities may obligate the establishment of a workplace health and safety committee in institutions employing workers below the number set out in Section One and two of this Article taking into account the nature of work to be performed and the severity of particular hazards to which workers are exposed. For other institutions which do not have the required number of workers to establish workplace health and safety committees, workers shall choose a workplace health and safety representative and his deputy. The same shall also apply to specific types of activities such as public transport where the driver and the conductor shall be equipped enough to assume the responsibilities pertaining to occupational health and safety."
  (Article 3 Arrêté Ministériel déterminant les modalités de mise en place et de fonctionnement des comités de santé et sécurité au travail)

  "The Professional/expert in charge of Occupational health and safety at national level, the Labour Inspector, the officer of the Rwanda Social Security Board and the occupational Health and safety professional of the institution shall have particular responsibility of monitoring the daily operation of the workplace health and Safety Committee. They are also responsible for making a follow up on the implementation of prevention measures prepared by the workplace health and safety committee and the implementation of the annual programme of the workplace health and safety committee."
  (Article 13 Arrêté Ministériel déterminant les modalités de mise en place et de fonctionnement des comités de santé et sécurité au travail)

  "The functions of a Labour Inspector shall be to secure the enforcement of the legal provisions relating to labour. The Labour Inspector shall be responsible of the following:
  1° to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, such as
  provisions relating to working hours, wages, hygiene, social security and safety at work place, the control of child labour and all violence committed in the workplace;
  2° to give information and advice to employers and workers concerning the most effective means of complying with the legal provisions;
  3° mediation between the employee and employer on individual labour conflicts except conflicts resulting from collective labour conflicts, dismissal for economic reasons and technological transfers;
  4° to bring to the competent authority defects or abuses contrary to existing legal provisions;
  5° to submit an annual report on the work of labour inspection to the District with a copy to the Ministry in charge of labour for consolidation at the national level;
  6° to collect, analyse and make forecasts for labour statistics in his/her area."
  (Article 3 Arrêté ministériel n°07 du 13 juillet 2010 déterminant les modalités de fonctionnements de l'inspecteur du travail)

  • Arrêté Ministériel déterminant les modalités de mise en place et de fonctionnement des comités de santé et securité au travail 20120517 (Arts. 3 and 13)

  • Arrêté ministériel n° 07 du 13 juillet 2010 déterminant les modalités de fonctionnement de l'inspecteur du travail. (Art. 3)

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art. 7)

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: "Subject to the provisions of the Penal Code of Rwanda and to those of Articles 167 and 168 of this Law, any person acting contrary to the provisions of this Law shall be liable to a term of imprisonment not exceeding two (2) months and a fine ranging from fifty thousand (USD 72.42) to three hundred thousand (USD 434.50) Rwandan Francs, or to one of these penalties."
  

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art. 169)

• 11.4.2 Financial penalties for natural persons

  Summary / Citation: "Subject to the provisions of the Penal Code of Rwanda and to those of Articles 167 and 168 of this Law, any person acting contrary to the provisions of this Law shall be liable to a term of imprisonment not exceeding two (2) months and a fine ranging from fifty thousand (USD 72.42) to three hundred thousand (USD 434.50) Rwandan Francs, or to one of these penalties."
  

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art. 169)

• 11.4.3 Non-financial sanctions

  No data available.
  

• 11.4.4 Criminal liability

  Summary / Citation: "Any person who, through clumsiness, carelessness, inattention, negligence, failure to observe the rules or any other lack of precaution and foresight, causes harm but with no intent to endanger the life of another person shall be guilty of homicide or unintentional bodily injuries."
  (Article 156)

  "Any person who causes death of another person without intention shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (USD 724.16) to two million (USD 2,896.64) Rwandan francs or one of these penalties. If the offender has caused the death of many people, he/she shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of two million (USD 5,896.64) to five million (USD 7,241.60) Rwandan francs."
  (Article 157)

  "If assault and battery result from lack of foresight and precaution, the offender shall be liable to a term of imprisonment of eight (8) days to two (2) months and a fine of one hundred thousand (USD 144.83) to five hundred thousand (USD 724.16) Rwandan francs or one of these penalties. If the offender has caused bodily injuries to many people, he/ she shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of five hundred thousand (USD 724.16) to one million (USD 1,448.32) Rwandan francs or one of these penalties."
  (Article 158)
  

  • Loi organique n° 01/2012/OL du 2 mai 2012 portant Code pénal. (Arts. 156, 157 and 158)

• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: Any person acting contrary to the provisions of the Law regulating labour in Rwanda shall be liable to a term of imprisonment not exceeding two (2) months (...).
  (Article 169 Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda)

  Any person who causes death of another person without intention shall be liable to a term of imprisonment of six (6) months to two (2) years (...).
  If the offender has caused the death of many people, he/she shall be liable to a term of imprisonment of two (2) years to five (5) years (...).
  (Article 157 Loi organique n° 01/2012/OL du 2 mai 2012 portant Code pénal)

  If assault and battery result from lack of foresight and precaution, the offender shall be liable to a term of imprisonment of eight (8) days to two (2) months (...). If the offender has caused bodily injuries to many people, he/ she shall be liable to a term of imprisonment of six (6) months to one (1) year (...).
  (Article 158 Loi organique n° 01/2012/OL du 2 mai 2012 portant Code pénal)

  • Loi organique n° 01/2012/OL du 2 mai 2012 portant Code pénal. (Arts. 157 and 158)

  • Loi n° 13/2009 du 27 mai 2009 portant réglementation du travail au Rwanda. (Art. 169)