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Occupational Safety and Health (OSH)
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Sudan - 2013

  • 1 Description of national OSH regulatory framework

  • 2 Scope, coverage and exclusions

    • 2.1 Health and safety covers physical and psychological health

      No data available.
    • 2.2 Definition of worker

      Summary/citation: "Any man or woman over the age of sixteen working in return for any type of remuneration, for an employer and under his supervision and management, whether under a written or unwritten, explicit or implicit contract, or under training or probation period, or performing mental, technical, office, or administrative work."

      • Labour Code 1997. (Chapter I, Article 4 )

      • 2.2.1 Coverage of particular categories of workers

        Sometimes.
    • 2.3 Definition of employer

      Summary/citation: "Any person who employs, under a contract of employment, one person or more in return for any type of remuneration."

      • Labour Code 1997. (Chapter I, Article 4)

    • 2.4 Exclusion of branches of economic activity

      Sometimes.
      • 2.4.1 Agriculture

        Summary/citation: "The following categories of persons shall be excluded from the application of the provisions of this Code:
        (g) agricultural workers other than those employed in the operation, repair and maintenance of agricultural machinery, or in enterprises which process or market agricultural products such as cotton gins or dairy product factories, or in jobs related to the administration of agricultural projects including office work, accountancy, storage, gardening, and livestock husbandry."

        • Labour Code 1997. (Chapter I, Article 3, Paragraph g )

      • 2.4.2 Construction

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

        • Labour Code 1997. (Chapter I, Article 3)

      • 2.4.3 Services

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

        • Labour Code 1997. (Chapter I, Article 3)

      • 2.4.4 Public sector

        Summary/citation: The following categories of persons shall be excluded from the application of the provisions of this Code:
        (a) members of the judiciary;
        (b) consultants at the Ministry of Justice;
        (c) members of the Armed Forces and the Police;
        (d) members of the National Security System;
        (e) employees of the Federal Government, the Governments of the districts, public bodies and undertakings, and public sector companies whose conditions of employment are governed by special laws and regulations with the exception of the provisions related to industrial relations and safety;
        (j) any category of persons who are excluded totally or partially from the provisions of this Code by Order of the Council of Ministers.

        • Labour Code 1997. (Chapter I, Article 3)

      • 2.4.5 Other

        Summary/citation: The following categories of persons shall be excluded from the application of the provisions of this Code:
        (h) family members of the employer who live with him and who are completely or partially dependant on him for living;
        (j) any category of persons who are excluded totally or partially from the provisions of this Code by Order of the Council of Ministers.

        • Labour Code 1997. (Chapter I, Article 3)

    • 2.5 Definition of occupational accident

      Summary/citation: "Accident": any occupational injury or disease as listed in Table 6 annexed to this Act, which afflicts the worker during working hours or because of work and which hinders his performance. The term also includes fire, explosion or collapse at the workplace.

      "Serious accident": any accident which causes the death of a worker or his disability by 50 per cent or the injury of more than one worker. It also includes fire, explosion, collapse causing damage to equipment or to the workplace."

      • Labour Code 1997. (Chapter 1, Preliminary provisions)

    • 2.6 Definition of occupational disease

      No data available.
      • 2.6.1 List of occupational diseases

        Summary/citation: There is only a list of occupations where medical examination is required

        • Labour Code 1997. (Chapter IV,item 11 (1))

      • 2.6.2 Mechanism for compensating other diseases as occupational ones

        No data available.
  • 3 Institutions and programmes relating to OSH administration and/or enforcement

    • 3.1 Competent national authority for safety and health at work

      Summary/citation: The Federal Minister of Labour is the competent national authority on safety and health at work.
      1) The Minister shall issue an Order to establish a committee under the name of "the Federal Manpower Committee" consisting of a president and a number of competent members representing the relevant administrations of the State, i.e. employers and workers.
      (2) The Committee established under sub-paragraph (1) may establish branch committees in the districts.
      (3) The Federal Committee and its branch Committees at the districts shall be supervised by the Minister.

      • Labour Code 1997. (Chapter 2, Article 5)

      • 3.1.1 Objectives, roles and/or functions

        Summary/citation: 1) The Committee shall:
        (a) coordinate, in accordance with the adopted general policy, the activities of the executive bodies in charge of workers;
        (b) calculate and count, on a regular basis, the number of workers and submit to the Minister all the information and recommendations which it deems necessary for submission to the Council of Ministers;
        (c) supervise the implementation of the adopted labour programmes in a manner which is adapted to the plans for development;
        (d) perform any other activities related to labour which the Minister may assign it to perform within the framework of the General Policy adopted by the Council of Ministers.
        (2) The Committee may empower any of its authorities to the branch Committees in the districts.

        • Labour Code 1997. (Chapter 2, Article 6)

      • 3.1.2 Chairperson and composition

        Summary/citation: The Minister shall issue an Order to establish a committee under the name of "the Federal Manpower Committee" consisting of a president and a number of competent members representing the relevant administrations of the State, i.e. employers and workers.

        • Labour Code 1997. (Chapter 2, Article 5(1))

    • 3.2 National OSH research programme or institute

      No data available.
      • 3.2.1 Objectives, roles and/or functions

        No data available.
      • 3.2.2 Governance board constitution and chairmanship

        No data available.
      • 3.2.3 Source of funding

        No data available.
    • 3.3 National OSH programme

      No data available.
      • 3.3.1 Consultation on the national OSH programme

        No data available.
  • 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

    • 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: (2) The industrial safety committee shall be in charge of drawing up the policy for industrial safety in the factory and the supervision of its application in accordance with the provisions of this Chapter and the orders made thereunder. The committee shall notify the competent authority and the owner of the factory of any matter related to the conditions of industrial safety inside the factory and of the recommendations it makes regarding the latter.

        Restrictions / obligations: Specific to: Factories and other industrial operations listed in Table 1 to the Labour code and also employing 500 workers or more.
        (1) In every factory employing 500 workers or more, an industrial safety committee shall be established and shall be composed of the manager as a president, the heads of the production divisions, and two representatives of the unions as members, and the industrial safety officer as a rapporteur.

        • Labour Code 1997. (Chapter XI, Article 91)

      • 5.1.2 Appointment of a person for health and safety

        No data available.
      • 5.1.3 Written risk assessment

        No data available.
      • 5.1.4 Safe operating work systems and procedures

        Summary/citation: (2) The industrial safety committee shall be in charge of drawing up the policy for industrial safety in the factory and the supervision of its application in accordance with the provisions of this Chapter and the orders made thereunder. The committee shall notify the competent authority and the owner of the factory of any matter related to the conditions of industrial safety inside the factory and of the recommendations it makes regarding the latter.

        Restrictions / obligations: Specific to: Factories and other industrial operations listed in Table 1 to the Labour code and also employing 500 workers or more.
        (1) In every factory employing 500 workers or more, an industrial safety committee shall be established and shall be composed of the manager as a president, the heads of the production divisions, and two representatives of the unions as members, and the industrial safety officer as a rapporteur.

        • Labour Code 1997. (Chapter XI, Article 91)

      • 5.1.5 Training and information on risks

        Summary/citation: Employers shall not assign a worker to perform a job before providing him with enough training or before making him work under the supervision of one or more experienced persons in the field. Also, every owner of an industry shall inform his workers of the occupational hazards and means for protection against such hazards.

        Restrictions / obligations: Specific to: Factories and other industrial operations listed in Table 1 to the Labour code.

        • Labour Code 1997. (Chapter XI, Article 95)

      • 5.1.6 Review or assessment of the results of preventive measures

        Summary/citation: (2) The industrial safety committee shall be in charge of drawing up the policy for industrial safety in the factory and the supervision of its application in accordance with the provisions of this Chapter and the orders made thereunder. The committee shall notify the competent authority and the owner of the factory of any matter related to the conditions of industrial safety inside the factory and of the recommendations it makes regarding the latter.
        The industrial safety committee shall hold a meeting at least once a month. It shall be obliged to meet also in the case of a serious accident or within one week after the discovery of an occupational disease.

        Restrictions / obligations: Specific to: Factories and other industrial operations listed in Table 1 to the Labour code and also employing 500 workers or more.

        • Labour Code 1997. (Chapter XI, Section 91)

      • 5.1.7 Consultation with workers in health and safety

        Summary/citation: In every factory employing 500 workers or more, an industrial safety committee shall be established and shall be composed of the manager as a president, the heads of the production divisions, and two representatives of the unions as members, and the industrial safety officer as a rapporteur.

        Restrictions / obligations: Specific to: Factories and other industrial operations listed in Table 1 to the Labour code and also employing 500 workers or more:

        Remarks / comments: Not specifically mentioned. Yet, the "industrial safety committee" at the workplace includes two representatives of the unions as members. Therefore, consultation may happen through the industrial safety committee.

        • Labour Code 1997. (Chapter XI, Article 91)

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

      No data available.
  • 6 Employers’ duty to ensure availability of expertise and competence in health and safety

    • 6.1 OSH competence

      No data available.
      • 6.1.1 Requirement to access expert advice and/or support in health and safety

        No data available.
        • 6.1.1.1 Qualifications of experts or professional services

          No data available.
    • 6.2 Appointment of an OSH practitioner

      Summary/citation: Every owner of a factory employing a number of workers not inferior to 30 workers and not exceeding 150 workers shall appoint an industrial safety officer who need not to be released from his normal occupational duties. Where the number of workers in a factory exceeds 150 workers, the owner of that factory shall appoint an Industrial Safety Officer who must be released from his normal occupational duties.

      Restrictions / obligations: Specific to: Factories and other industrial operations listed in Table 1 to the Labour code and also employing 30 workers or more.

      • Labour Code 1997. (Chapter XI, Article 90, Paragraph (1))

      • 6.2.1 Workforce size threshold for the appointment of OSH practitioners

        Summary/citation: Every owner of a factory employing a number of workers not inferior to 30 workers and not exceeding 150 workers shall appoint an industrial safety officer who need not to be released from his normal occupational duties. Where the number of workers in a factory exceeds 150 workers, the owner of that factory shall appoint an Industrial Safety Officer who must be released from his normal occupational duties.

        Remarks / comments: Specific to: Factories and other industrial operations listed in Table 1 to the Labour code and also employing 30 workers or more.

        • Labour Code 1997. (Chapter XI, Article 90, Paragraph (1))

  • 7 Workers' rights and duties

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

      Summary / Citation: (1) It shall be prohibited for a worker to perform an act which may expose him or the others to danger. He shall be obliged to use every means of protection provided to him by the employer;
      (2) It shall be forbidden for a worker to intentionally damage or misuse the materials, machinery, tools and belongings to an industry.

      • Labour Code 1997. (Chapter XI, Article 96, Paragraph (1))

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

      Summary / Citation: (1) It shall be prohibited for a worker to perform an act which may expose him or the others to danger. He shall be obliged to use every means of protection provided to him by the employer;
      (2) It shall be forbidden for a worker to intentionally damage or misuse the materials, machinery, tools and belongings to an industry.

      • Labour Code 1997. (Chapter XI, Article 96, Paragraph (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

      No data available.
    • 7.6 Duty to comply with OSH-related requirements

      Summary / Citation: Workers in any factory must abide the safety regulations.

      • List of factories of 1981 (Chapter IV, Article 33, Paragraph (2))

    • 7.7 Right to enquire about risks and preventive measures

      Summary / Citation: Every operator who is requested to operate a new machine or practice a new work has the right to enquire and be fully trained on the associated hazards.

      • List of factories of 1981 (Chapter IV, Article 31)

    • 7.8 Right to remove themselves from a dangerous situation

      Summary / Citation: A worker may terminate his contract of employment without prior notice to the employer in the following cases: (d) in the event of a serious threat to the safety or health of the worker, provided that the employer is aware of the said threat and has not adopted the necessary measures to remove the threat.

      • Labour Code 1997. (Chapter 8, Article 54, Paragraph d)

    • 7.9 Right to be reassigned to non-hazard work

      No data available.
      • 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

        No data available.
  • 8 Consultation, collaboration and co-operation with workers and their representatives

    • 8.1 National OSH committee, commission, council or similar body

      Summary / Citation: (1) A committee under the name of "Federal Consultative Committee for the Affairs related to Industrial Safety" shall be established by an Order of the Minister to include a President and a number of competent members.

      • Labour Code 1997. (Chapter XI, Article 89, Paragraph (1))

      • 8.1.1 Objectives, roles and/or functions

        Summary / Citation: (1) A committee under the name of "Federal Consultative Committee for the Affairs related to Industrial Safety" shall be established by an Order of the Minister to include a President and a number of competent members.
        (2) The said Order shall specify the authorities and competence of the Federal Committee.

        • Labour Code 1997. (Chapter XI, Article 89, Paragraphs (1)(2))

      • 8.1.2 Constitution and chairmanship modalities

        No data available.
    • 8.2 Employers’ duty to consult workers on risks

      Summary / Citation: Not mentioned in specific. Yet, the "Industrial Safety Committee" at the workplace include two representatives of the unions as members.

      Restrictions / obligations: Specific to: Factories and other industrial operations listed in Table 1 to the Labour code and also employing 500 workers or more.

      • Labour Code 1997. (Chapter XI, Article 91, Paragraph (1))

    • 8.3 Workers’ right to select their representatives for health and safety matters

      Summary / Citation: Not mentioned in specific. Yet, the "Industrial Safety Committee" at the workplace include two representatives of the unions as members.

      Restrictions / obligations: Specific to: Factories and other industrial operations listed in Table 1 to the Labour code and also employing 500 workers or more.

      • Labour Code 1997. (Chapter XI, Article 91, Paragraph (1))

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

        Summary / Citation: Specific to: Factories and other industrial operations listed in Table 1 to the Labour code and also employing 500 workers or more.

        • Labour Code 1997. (Chapter XI, Article 91, Paragraph (1))

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

        Summary / Citation: Workers are represented by union members.

        Restrictions / obligations: Specific to: Factories and other industrial operations listed in Table 1 to the Labour code and also employing 500 workers or more.

        • Labour Code 1997. (Chapter XI, Article 91, Paragraph (1))

    • 8.4 OSH representatives’ functions, rights and powers

      No data available.
      • 8.4.1 Right to inspect the workplace

        No data available.
      • 8.4.2 Right to access OSH information

        No data available.
      • 8.4.3 Right to be present at interviews

        No data available.
      • 8.4.4 Right to receive professional assistance from OSH experts

        No data available.
      • 8.4.5 Right to accompany inspectors

        No data available.
      • 8.4.6 Right to use facilities

        No data available.
      • 8.4.7 Right to have time off work with pay to perform duties

        No data available.
      • 8.4.8 Right to issue remedial notices

        No data available.
      • 8.4.9 Right to resolve OSH issues in consultation with employers

        No data available.
      • 8.4.10 Right to direct that dangerous work cease

        No data available.
    • 8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace

      No data available.
      • 8.5.1 Right to enter the workplace

        No data available.
      • 8.5.2 Right to investigate suspected non-compliance with OSH legislation

        No data available.
      • 8.5.3 Right to consult with workers

        No data available.
      • 8.5.4 Right to advise workers

        No data available.
      • 8.5.5 Right to initiate enforcement action

        No data available.
    • 8.6 Joint OSH Committee

      Summary / Citation: An "Industrial Safety Committee" shall be established.

      Restrictions / obligations: Specific to: Factories and other industrial operations listed in Table 1 to the Labour code with 500 workers or more.

      • Labour Code 1997. (Chapter XI, Article 91)

      • 8.6.1 Participation of workers’ representatives in joint OSH committee

        Summary / Citation: The"Industrial Safety Committee" shall include two representatives of the unions as members.

        Restrictions / obligations: Specific to: Factories and other industrial operations listed in Table 1 to the Labour code with 500 workers or more.

        • Labour Code 1997. (Chapter XI, Article 91, Paragraph (1))

      • 8.6.2 Conditions for establishing a joint OSH committee

        Summary / Citation: Specific to: Factories and other industrial operations listed in Table 1 to the Labour code with 500 workers or more.

        • Labour Code 1997. (Chapter XI, Article 91, Paragraph (1))

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

        Summary / Citation: The Industrial Safety Committee shall be in charge of drawing up the policy for industrial safety in the factory and the supervision of its application in accordance with the provisions of this Chapter and the orders made thereunder. The Committee shall notify the competent authority and the owner of the factory of any matter related to the conditions of industrial safety inside the factory and of the recommendations it makes regarding the latter.

        Restrictions / obligations: Specific to: Factories and other industrial operations listed in Table 1 to the Labour code with 500 workers or more.

        • Labour Code 1997. (Chapter XI,Section 91, Paragraph (2))

      • 8.6.4 Keeping record of the work of joint OSH committees

        No data available.
      • 8.6.5 Sharing the minutes of joint OSH committees meetings

        No data available.
    • 8.7 Mandatory training for members of joint OSH committee(s)

      No data available.
    • 8.8 Protection against reprisals

      No data available.
    • 8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

      No data available.
  • 9 Specific hazards or risks

    • 9.1 Biological hazards

      No data available.
    • 9.2 Chemical hazards

      Sometimes.
    • 9.3 Ergonomic hazards

      No data available.
    • 9.4 Physical hazards

      Sometimes.
      • 9.4.1 Ionising radiation

        No data available.
      • 9.4.2 Vibration and noise

        Summary / Citation: Vibrations and noise should be within limits as specified by the manager and should be reviewed periodically.

        • List of factories (occupational health) of 1981 (Chapter II, Article 3. Paragraph D)

      • 9.4.3 Working at height

        Summary / Citation: Any work location over 3 meters height must be equipped with proper protection rails.

        • List of factories of 1981 (Chapter II, Article 5, Paragraph (3))

      • 9.4.4 Working in confined spaces

        No data available.
      • 9.4.5 Risks arising from poor maintenance of workplace facilities

        No data available.
      • 9.4.6 Exposure to extreme temperatures

        Summary / Citation: The factory owner must ensure that the temperature in each room must comply with the nature of the work and that there is sufficient air circulation to ensure fresh air.

        • List of factories (occupational health) of 1981 (Chapter II)

      • 9.4.7 Fire risks

        Summary / Citation: There are a number of provisions concerning fire protection.

        • Labour Code 1997.

        • List of factories of 1981 (Chapter II)

      • 9.4.8 Tobacco

        Summary / Citation: "It is not permitted to use tobacco to the following places:
        (a) Public places.
        (b) Closed places.
        (2) It is not permitted for the workers mentioned to use tobacco during the performance of the following functions:
        (a) The workers in the field of manufacturing, preparing, or providing food meant for human consumption during service delivery.
        (b) Physicians working in a place where health services are provided and treatment during service delivery.
        (c) Workers during delivery of lessons or other educational activities.
        (d) Workers in the public or private sector during service delivery to the public."

        Remarks / comments: Public places means "places where people gather without discrimination and includes: places of worship, learning, public means of transportation, places providing health care, government libraries, sporting facilities, gardens, public parks and any other public places identified by regulations.

        Closed places means "closed rooms intended for public use including ports, airports, transit stops, cinemas, theaters, museums, restaurants, hotels, commercial locations, electrical lifts, closed ladders to buildings, workshops, laboratories, closed warehouses, libraries, halls, rooms intended for use by more than one person at a single time, and any other closed place identified by regulations.

        • Tobacco Control Law of 2005 (Article 1(3), 3(9))

      • 9.4.9 Asbestos

        Summary / Citation: Periodic medical check-ups are required for workers with exposure to asbestos dust.

        • List of factories (occupational health) of 1981 (Chapter IV, Article 11, Paragraph (1))

      • 9.4.10 Risks related to nanotechnology

        No data available.
      • 9.4.11 Contraction of HIV in the workplace

        No data available.
    • 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

    • 9.7 Machineries

      Sometimes.
      • 9.7.1 Risks related to machinery and tools

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

        No data available.
      • 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information

        No data available.
      • 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated

        No data available.
      • 9.7.5 Maintenance of machinery and equipment

        No data available.
        • 9.7.5.1 List of equipment where applicable

          No data available.
    • 9.8 Provisions to protect workers in specific condition of vulnerability

      Sometimes.
      • 9.8.1 Protection of pregnancy at work

        Summary / Citation: "A female worker shall, after six months of service and for each further year of service, be entitled to maternity leave with full pay to be calculated as follows:
        (a) Four weeks before her confinement and four weeks after her confinement, provided that the date of confinement is certified by a doctor;
        (b) two weeks before her confinement and six weeks after her confinement if she wishes so;
        (c) if the female worker absents herself from work after the termination of the period provided for under paragraphs (a) and (b) above because of a disease resulting from the pregnancy or the confinement which prevents her from resuming her work, as certified by a doctor, she shall be considered to be on sick leave.
        (2) Without any prejudice to the provisions of paragraphs (a) and (b) of section 50 of this Act, it shall be forbidden to rescind the contract of employment of a female worker during her pregnancy or confinement period."

        • Labour Code 1997. (Chapter 7, Article 46)

      • 9.8.2 Protection of lactating women at work

        No data available.
      • 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts

        Summary / Citation: "It shall be prohibited to employ women in occupations which are hazardous, arduous or harmful to their health, such as carrying weights or assigning women to perform jobs under ground or under water or jobs which may expose them to poisonous material or to temperatures exceeding the normal limits borne by women."
        "It shall be forbidden to employ women between 10 p.m. and 6 a.m. except in administrative and technical jobs or in any other jobs related to health and social services.

        (2) In spite of the provisions of sub-section (1), the competent authority may, subject to conditions to be specified by it and after consultation with the Committee, authorize the employment of women at night for purposes related to the public interest.
        (3) The total daily periods of rest for women shall not be less than one paid hour. These periods shall be broken into periods lasting for at least half an hour or more. The duration of work shall not exceed five continuous hours without any rest."

        • Labour Code 1997. (Chapter 4, Articles 19-20)

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

        Summary / Citation: "It is prohibited to employ young workers (below the age of 16) in the following jobs:
        1. (a) carrying heavy loads;(b) work involving the use of metal presses; (c) work related to iron and steel smelting; (d) work performed under ground or under water, and mining and quarrying work; (e) work involving the use of lead or lead compounds; (f) jobs in which workers are exposed to organic or inorganic poisonous or harmful material such as lead, mercury, calcium, benzene and its derivatives; (g) jobs involving x-rays and other harmful radiation; (h) jobs involving the maintenance of machinery and conveyer belts.
        2. In hazardous or unhealthy industries and jobs or in jobs requiring large physical effort or in jobs or occupations which are harmful to their morals.
        3. Between 8.p.m. and 6.a.m. The competent authority may, however, exclude any category of young persons from this provision in cases of young persons between the age of 15 and 16 years.
        4. It shall be forbidden to employ young persons under the age of 12 years, except in: (a) the State's training schools; (b) non-profitable training workshops; (c) jobs supervised by his family members in establishments which do not employ other persons; (e) jobs performed under apprenticeship contracts."
        "The normal hours of work for young persons shall be seven hours a day broken by a period of rest of one paid hour. It shall be forbidden to make a young person work for more than four consecutive hours."

        • Labour Code 1997. (Chapter 4, Article 21, Article 23)

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

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

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

      No data available.
      • 10.1.1 Work-related accidents

        No data available.
      • 10.1.2 Near miss incidents

        No data available.
      • 10.1.3 Occupational diseases

        No data available.
    • 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health

      Summary / Citation: 92. Every owner of a factory shall inform the competent authority of any accident which may happen during the daily working hours or because of the work itself, which may result in
      (a) the death of a worker;
      (b) a fire or an explosion;
      (c) a serious injury;
      (d) the obstruction of any worker to perform his job.
      This notification shall be sent in the form shown in Table 5 annexed to this Act, and at the end of the first day of the accident

      • Labour Code 1997. (Chapter XI ,Article 92)

      Related CEACR Comments
      Labour Inspection Convention, 1947 (No. 81) Observation 2019
      Labour Inspection Convention, 1947 (No. 81) Direct Request 2019

  • 11 OSH inspection and enforcement of OSH legislation

    • 11.1 Appointment of OSH inspectors

      Summary / Citation: The competent authority shall appoint industrial safety inspectors. Inspectors report to The Federal Consultative Committee for the Affairs related to Industrial Safety who have all the powers related to OSH enforcement.

      • Labour Code 1997. (Chapter 11, Article 87 and 89)

    • 11.2 OSH inspectors’ powers

      Sometimes.
      • 11.2.1 Power to enter workplaces

        Summary / Citation: "(1) For the purposes of this chapter and the regulations which may be issued under the provisions of this Act, an industrial safety inspector shall have the authority to enter a workplace during working hours during the day or at night to perform his duties of inspection or to verify accidents or examine machinery and materials or take samples of them and to examine any information which he deems necessary."

        • Labour Code 1997. (Chapter 11, Article 88, Paragraph 1)

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Observation 2019
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2019

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

        Summary / Citation: "(1) For the purposes of this chapter and the regulations which may be issued under the provisions of this Act, an industrial safety inspector shall have the authority to enter a workplace during working hours during the day or at night to perform his duties of inspection or to verify accidents or examine machinery and materials or take samples of them and to examine any information which he deems necessary.
        (2) The owner of a factory or his deputy or representative shall submit to the industrial safety inspector all the requested information and data."

        • Labour Code 1997. (Chapter 11, Article 88)

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Observation 2019
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2019

      • 11.2.3 Power to investigate

        Summary / Citation: "(1) For the purposes of this chapter and the regulations which may be issued under the provisions of this Act, an industrial safety inspector shall have the authority to enter a workplace during working hours during the day or at night to perform his duties of inspection or to verify accidents or examine machinery and materials or take samples of them and to examine any information which he deems necessary.
        (2) The owner of a factory or his deputy or representative shall submit to the industrial safety inspector all the requested information and data."

        • Labour Code 1997. (Chapter 11, Article 88, )

      • 11.2.4 Duty to provide advice on OSH

        No data available.

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Observation 2019
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2019

    • 11.3 OSH inspectors’ enforcement powers

      No data available.
    • 11.4 Application of sanctions by courts

      Sometimes.
      • 11.4.1 Financial penalties for legal persons

        Summary / Citation: "Violations will be fined with maximum 100 Sudanese pounds.
        If a violation results in injury, then the fine is a maximum of 200 Sudanese pounds or maximum 6 months imprisonment.
        If a violations results in death injury, then the penalty is both a 200 pounds fine and six months imprisonment.
        A fine of 25 pounds per day for the delay of fixing a violation once identified formally by inspector shall be imposed. "

        • List of factories of 1981 (Chapter VI, Article 19)

      • 11.4.2 Financial penalties for natural persons

        Summary / Citation: "Violations will be fined with maximum 100 Sudanese pounds.
        If a violation results in injury, then the fine is a maximum of 200 Sudanese pounds or maximum 6 months imprisonment.
        If a violations results in death injury, then the penalty is both a 200 pounds fine and six months imprisonment.
        A fine of 25 pounds per day for the delay of fixing a violation once identified formally by inspector shall be imposed."

        • List of factories of 1981 (Chapter VI, Article 19)

      • 11.4.3 Non-financial sanctions

        No data available.
      • 11.4.4 Criminal liability

        Summary / Citation: "If a violation results in injury, then the fine is a maximum of 200 Sudanese pounds or maximum 6 months imprisonment.
        If a violations results in death injury, then the penalty is both a 200 pounds fine and six months imprisonment."

        • List of factories of 1981 (Chapter VI, Article 19)

      • 11.4.5 Terms of imprisonment for natural persons

        Summary / Citation: A maximum of a 6 month imprisonment is foreseen by the law.

        • List of factories of 1981 (Chapter VI, Article 19)

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