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Occupational Safety and Health (OSH)
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Seychelles - 2013

Themes

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

  • 1 Description of national OSH regulatory framework

    • 1.1 Description of OSH regulatory framework

      Summary/citation: In Seychelles, the main piece of OSH legislation is the Occupational Safety and Health Decree 54 of 1978, amended several times. Various Regulations have been made to implement the Occupational Safety and Health Decree 1978. No. 54 pursuant to its Section 34 which states that:
      "The Minister may make regulations for the better carrying out of the provisions of this Decree and, without prejudice to the generality of the foregoing such regulations may make provision for all or any of the following matters‑
      (a) regulation or prohibition of‑
      (i) the manufacture, supply, or use of plant;
      (ii) the manufacture, supply, storage or use of substances;
      (iii) the carrying on of processes or operations;
      (b) requirements for the design, construction, guarding, siting, installation, commissioning, use, examination, repair, maintenance, alteration, adjustments, dismantling, testing or inspection of plant;
      (c) requirements for the marking of plant or components, including containers and packaging;
      (d) prohibition or regulation of the import, export or transport of plant, articles and substances;
      (e) prohibiting any activity except under licence or with other official approval;
      (f) providing for the grant, renewal, variation, amendment, transfer and revocation of licences;
      (g) requiring any person, premises or thing to be registered in specified circumstances or as a condition for the carrying on of specified activities;
      (h) requiring the appointment of persons to perform specified functions, and imposing duties or confering powers on them;
      (i) restricting the performance of functions to persons possessing specified qualifications or experience;
      (j) regulating or prohibiting the employment in specified circumstances of all persons or a class of persons;
      (k) securing the health of persons at work or other persons, including by medical examinations and health surveys;
      (l) monitoring the atmosphere and other conditions in which persons work;
      (m) requirements for the conditions in which persons work, including the structure, condition and stability of premises, exits and entrances, cleanliness, temperature, lighting, ventilation over crowding, noise vibrations, ionising and other radiation, dust and fumes;
      (n) securing appropriate welfare facilities for persons at work including water supply, sanitary conveniences, washing and bathing facilities, ambulance and first aid arrangements, sitting and refreshment facilities;
      (o) requirements for the provision and use of protective clothing and equipment;
      (p) requirements for fire precautions;
      (q) prohibiting or imposing requirements on the emission and monitoring of gas, smoke or dust or any other substance or material;
      (r) prohibiting or imposing requirements on the emission and monitoring of noise, vibrations, or ionising or other radiations;
      (s) requirements for the instructions, training and supervision of workers;
      (t) requirements for warning and other signs;
      (u) requirements for preservation of records, plans, maps and other documents;
      (v) requirements for precautions against dangers to which work premises or persons therein may be exposed by reasons of conditions (including natural conditions) in the vicinity;
      (w) provisions for the evacuation of premises;
      (x) conferring powers to search a person for any article likely to cause a fire or explosion if there is a risk or explosion, and power to seize and dispose of any such article; and
      (y) restricting, prohibiting or requiring specified acts where an accident or similar event has taken place."

      Consequently, the following Regulations were issued:
      - the Occupational Safety and Health (Safety Officers) Regulations, 2012;
      - the Occupational Safety and Health (Dock Work) Regulations, 2012;
      - the Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997;
      - the Occupational Safety and Health (Construction Industry, Confined Space and Welding) Regulations, 1991;
      - the Occupational Safety and Health (Medical Examinations) Regulations, 1991

      Other laws having a bearing on OSH are the Social Security Act 11 of 2010; Employment Act of 1995 and Conditions of Employment Regulations (SI. 34 0F 1991) and International Trade Zone (Conditions of Employment) Order (S.I. 14 of 1997); Employment of Young Persons and Children (Amendment) Act No. 16 of 1981, Tobacco Control Act 14 of 2009. In addition, the Seychelles Policy on HIV/AIDS in the Workplace regulates occupational issues relating to HIV/AIDS.

      Remarks / comments: The Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997 repeals the Occupational Safety and Health (Health and Welfare) and (Miscellaneous) Regulations, 1991.

      • Occupational safety and health country profile: Seychelles

      • The Seychelles Legal Information Institute

      • Occupational Safety and Health (Dock Work) Regulations, 2012 (S.I. 7 of 2012).

      • Occupational Safety and Health (Safety Officers) Regulations, 2012 (S.I. 6 of 2012).

      • Social Security Act, 2010 (Act No. 11 of 2010).

      • Seychelles Policy ON HIV/AIDS in the Workplace

      • Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997.

      • International Trade Zone (Employment) Regulations, 1997 (S.I. 13 of 1997).

      • Pesticides Control Act (Act No. 4 of 1996).

      • Employment Act, 1995 (No. 2 of 1995) (Cap. 69).

      • Conditions of Employment Regulations, 1991. S.I.34

      • Occupational Safety and Health (Construction Industry, Confined Space and Welding) Regulations, 1991 (S.I. 61 of 1991)

      • Environment Protection Act 1988. No. 9.

      • Occupational Safety and Health Decree 1978. No. 54.

  • 2 Scope, coverage and exclusions

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

    • 3.1 Competent national authority for safety and health at work

      Summary/citation: “Subject to the directions of the Minister, the Director shall be responsible for the administration of this Decree and shall perform all such functions as may be necessary for its effective implementation and enforcement.”

      • Occupational Safety and Health Decree 1978. No. 54. (S 20)

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

      • 3.1.1 Objectives, roles and/or functions

        Summary/citation: “Subject to the directions of the Minister, the Director shall be responsible for the administration of this Decree and shall perform all such functions as may be necessary for its effective implementation and enforcement.”

        • Occupational Safety and Health Decree 1978. No. 54. (S 20)

      • 3.1.2 Chairperson and composition

        No data available.

    • 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.

  • 4 Employers’ duties and responsibilities to protect the safety and health of workers and others

    • 4.1 Duty to ensure the health and safety of employees

      Summary/citation: "It shall be the duty of every employer to ensure, in accordance with the Decree and any other written law, the health, safety and welfare at work of all his employees.”

      • Occupational Safety and Health Decree 1978. No. 54. (S4(1))

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

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

      Summary/citation: "Employers have to conduct their undertaking in such a way as to ensure that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."

      • Occupational Safety and Health Decree 1978. No. 54. (S 5(1))

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

    • 4.3 Collaboration among two or more employers at the same workplace

      No data available.

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

    • 4.4 Surveillance of workers’ health in relation to work

      Summary / Citation: "It shall be the duty of every employer to ensure that every other than person whom he seeks to engage as an employee has undergone, prior to engagement, a medical examination prescribed for the job category in which he is to be engaged and thereafter to ensure such periodical medical examination of the employee as may be prescribed."
      (Occupational Safety and Health Decree No. 54 of 1978, S 5(1))

      "(1) No person shall be employed in any hazardous occupation unless that person has been medically examined by a designated occupational health doctor and certified fit to work in the occupation. The medical examination shall have been carried out, in the case of a person required to work in a compressed air environment, within 3 days before such employment and in the case of a person required to work in any other hazardous occupation, not later than 3 months after he has commenced employment in that occupation.
      (2) Notwithstanding subregulation (1), persons already in employment in hazardous occupations on the coming into operation of these Regulations shall, as soon as possible after that date and without undue delay, be examined by a designated occupational health doctor to determine their fitness to continue working in those occupations.
      (3) The medical examinations referred to in subregulations (1) and (2) shall consist of the examinations and investigations specified in Part 1 of the First Schedule and such other examinations or investigations as the Director may require."
      (Occupational Safety and Health (Medical Examinations) Regulations, S 4)

      "All medical examinations and investigations required under these Regulations shall be arranged by the employer and shall be at his expense."
      (Occupational Safety and Health (Medical Examinations) Regulations, S 7)

      Remarks / comments: The Occupational Safety and Health (Medical Examinations) Regulations are contained within the same document as the Occupational Safety and Health Decree No. 54 of 1978.

      • Occupational Safety and Health Decree 1978. No. 54. (S 5(1))

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

      • 4.4.1 Specific hazards for which surveillance is required

        Summary / Citation: "Every person employed in hazardous occupations shall be periodically examined by a designated occupational health doctor. The periodic examinations shall consist of the examinations and investigations specified in Part II of the First Schedule and shall be held at the intervals therein specified.
        The Director may require any person or category of persons employed in hazardous occupations to undergo a medical examination other than the examinations referred to in regulations 4 and 5."
        (Occupational Safety and Health (Medical Examinations) Regulations, 2003, S 5, 6)

        Remarks / comments: The Occupational Safety and Health (Medical Examinations) Regulations are contained within the same document as the Occupational Safety and Health Decree No. 54 of 1978.

        • Occupational Safety and Health Decree 1978. No. 54.

    • 4.5 Surveillance of the working environment and working practices

      Summary / Citation: “It shall be the duty of every employer to ensure, in accordance with the Decree and any other written law, to employees safety and welfare at work of all his employees. This include: the provision and maintenance of plant and systems of work that are safe and without risks to health, as regards any place of work under the employer's control, and the maintenance of it in a condition that is safe and without risks; the provision and maintenance of a working environment for his employees that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work."

      • Occupational Safety and Health Decree 1978. No. 54. (S 4(1))

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

    • 4.6 Duty to provide personal protective equipment

      Summary / Citation: Employers have the duty to provide protective equipment for their employees and to train them to use such equipment.

      • International Trade Zone (Employment) Regulations, 1997 (S.I. 13 of 1997).

      • Occupational Safety and Health Decree 1978. No. 54. (S 4(2))

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

    • 4.7 Duty to ensure the usage of personal protective equipment

      Summary / Citation: Employers have the duty to provide protective equipment for their employees and to train them to use such equipment.

      • International Trade Zone (Employment) Regulations, 1997 (S.I. 13 of 1997).

      • Occupational Safety and Health Decree 1978. No. 54. (S 4(2))

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

    • 4.8 Duty to provide first-aid and welfare facilities

      Yes.

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

      • 4.8.1 Arrangements for first-aid

        Summary / Citation: "The Minister may make regulations for the better carrying out of the provisions of this Decree and, without prejudice to the generality of the foregoing such regulations may make provision for all or any of the following matters: (...)
        Securing appropriate welfare facilities for persons at work including water supply, sanitary conveniences, washing and bathing facilities, ambulance and first aid arrangements, sitting and refreshment facilities."
        (Occupational Safety and Health Decree 1978. No. 54, S 34)

        "There shall be available at work places first aid supplies."
        (Occupational Safety and Health (Dock Work) Regulations, 2012, S 8(3))

        Employers are required to provide fist aid materials.
        (International Trade Zone (Employment) Regulations, 1997 (S.I. 13 of 1997)

        • Occupational Safety and Health (Dock Work) Regulations, 2012 (S.I. 7 of 2012). (S 8(3))

        • International Trade Zone (Employment) Regulations, 1997 (S.I. 13 of 1997).

        • Occupational Safety and Health Decree 1978. No. 54. (S 34, 20)

        Related CEACR Comments
        • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

      • 4.8.2 Sanitary installations

        Summary / Citation: OSH Regulations make provision for sanitary and hygiene standards, particularly for good housekeeping; overcrowding in work premises; reasonable comfort zone temperature in a workroom or other premises; effective drainage system for work process or activity that renders the working place wet; sanitary conveniences for all employees; washing facilities with clean running water, soap and towel; supply of drinking water in the workplace; sufficient lighting in the workplace; eating facilities; sitting facilities; accommodation of clothing (lockers and changing room) etc.

        • International Trade Zone (Employment) Regulations, 1997 (S.I. 13 of 1997).

        Related CEACR Comments
        • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

      • 4.8.3 Drinking water

        Summary / Citation: OSH Regulations make provision for sanitary and hygiene standards, particularly for good housekeeping; overcrowding in work premises; reasonable comfort zone temperature in a workroom or other premises; effective drainage system for work process or activity that renders the working place wet; sanitary conveniences for all employees; washing facilities with clean running water, soap and towel; supply of drinking water in the workplace; sufficient lighting in the workplace; eating facilities; sitting facilities; accommodation of clothing (lockers and changing room) etc.

        • International Trade Zone (Employment) Regulations, 1997 (S.I. 13 of 1997).

        Related CEACR Comments
        • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

      • 4.8.4 Rest and eating areas

        Summary / Citation: OSH Regulations make provision for sanitary and hygiene standards, particularly for good housekeeping; overcrowding in work premises; reasonable comfort zone temperature in a workroom or other premises; effective drainage system for work process or activity that renders the working place wet; sanitary conveniences for all employees; washing facilities with clean running water, soap and towel; supply of drinking water in the workplace; sufficient lighting in the workplace; eating facilities; sitting facilities; accommodation of clothing (lockers and changing room) etc.

        • International Trade Zone (Employment) Regulations, 1997 (S.I. 13 of 1997).

        Related CEACR Comments
        • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

  • 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

        Remarks / comments: However OSH legislation provides that "the Minister may make regulations for the better carrying out of the provisions of this Decree ..."

        • Occupational Safety and Health Decree 1978. No. 54. (S 34)

      • 5.1.2 Appointment of a person for health and safety

        Summary/citation: "In enterprises of more than 50 workers, the employer must ensure that a safety officer is elected. The employer must provide all necessary facilities, equipment and information to the safety officer."

        • Occupational Safety and Health (Safety Officers) Regulations, 2012 (S.I. 6 of 2012).

      • 5.1.3 Written risk assessment

        Remarks / comments: However OSH legislation provides that "the Minister may make regulations for the better carrying out of the provisions of this Decree ..."

        • Occupational Safety and Health Decree 1978. No. 54. (S 34)

      • 5.1.4 Safe operating work systems and procedures

        Summary/citation: “It shall be the duty of every employer to ensure, in accordance with the Decree and any other written law, to employees safety and welfare at work of all his employees. This include: the provision and maintenance of plant and systems of work that are safe and without risks to health, as regards any place of work under the employer's control, and the maintenance of it in a condition that is safe and without risks; the provision and maintenance of a working environment for his employees that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work."

        • Occupational Safety and Health Decree 1978. No. 54. (S 4(1)(2))

        Related CEACR Comments
        • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

      • 5.1.5 Training and information on risks

        Summary/citation: The duties of employers include the duty to provide such information, instruction, training and supervision as is necessary to ensure the health and safety at work of his employees.
        (Occupational Safety and Health Decree No. 54 of 1978, S 4(2))

        "A Safety Officer shall organise campaigns, training courses, competitions, contests and other activities designed to develop and maintain the interest of persons employed in the factory in the premises in establishing safe and healthy working conditions."
        (Occupational Safety and Health (Safety Officers) Regulations, 2012, S 8(g))

        • Occupational Safety and Health (Safety Officers) Regulations, 2012 (S.I. 6 of 2012). (S 8(g))

        • Occupational Safety and Health Decree 1978. No. 54. (S 4(2))

        Related CEACR Comments
        • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

      • 5.1.6 Review or assessment of the results of preventive measures

        Summary/citation: “It shall be the duty of every employer to ensure, in accordance with the Decree and any other written law, to employees safety and welfare at work of all his employees. This include: the provision and maintenance of plant and systems of work that are safe and without risks to health, as regards any place of work under the employer's control, and the maintenance of it in a condition that is safe and without risks; the provision and maintenance of a working environment for his employees that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work."

        Remarks / comments: However OSH legislation provides that "the Minister may make regulations for the better carrying out of the provisions of this Decree ..."

        • Occupational Safety and Health Decree 1978. No. 54. (S 4(1) (2), S 34)

      • 5.1.7 Consultation with workers in health and safety

        Summary/citation: "In categories of enterprises designated by the Director as involving particular risks to safety, the employees in such categories of enterprises shall elect from among themselves a health and safety representative and the employer of such categories of enterprises may, in addition to a representative elected by the employees, also designate an employee as a health and safety representative."
        (S 25)

        "Health and safety representatives appointed or designated under section 25 shall monitor and report safety and health problems and needs in the enterprise to management and shall be released from their other duties for this purpose without loss of earnings."
        (S 27)

        Remarks / comments: Consultation at the enterprise between workers and management may be carry out through the worker's representatives on OSH.

        • Occupational Safety and Health Decree 1978. No. 54. (SS 25, 27)

        Related CEACR Comments
        • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

    • 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

      Summary/citation: "It shall be the duty of every employer to ensure, in accordance with the Decree and any other written law, the health, safety and welfare at work of all his employees.”

      • Occupational Safety and Health Decree 1978. No. 54. (S4(1))

      Related CEACR Comments
      • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2014

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

        Summary / Citation: "In enterprises of more than 50 workers, the employer must ensure that a safety officer is elected. The employer must provide all necessary facilities, equipment and information to the safety officer."

        Remarks / comments: "Safety officer means a person employed by an enterprise with more than 50 workers to deal with safety and health matters" (S 2).

        • Occupational Safety and Health (Safety Officers) Regulations, 2012 (S.I. 6 of 2012).

        Related CEACR Comments
        • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2014

        • 6.1.1.1 Qualifications of experts or professional services

          Summary / Citation: "(1) A medical practitioner registered under the Medical Practitioners and Dentists Act and who has completed a course of training in occupational health approved by the Director may apply for registration as a designated occupational health doctor.
          (2) The Director may in his discretion and subject to such conditions as he may impose exempt a medical practitioner from the requirements of subregulation (1).
          (3) The Minister may with the concurrence of the Minister responsible for Health, appoint designated occupational health doctors for the purpose of these Regulations."
          (Occupational Safety and Health (Medical Examinations) Regulations, 2003, S 13)

          Remarks / comments: The Occupational Safety and Health (Medical Examinations) Regulations are contained within the same document as the Occupational Safety and Health Decree No. 54 of 1978.

          • Occupational Safety and Health Decree 1978. No. 54.

          Related CEACR Comments
          • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2014

    • 6.2 Appointment of an OSH practitioner

      Summary/citation: "In enterprises of more than 50 workers, the employer must ensure that a safety officer is elected. The employer must provide all necessary facilities, equipment and information to the safety officer."

      • Occupational Safety and Health (Safety Officers) Regulations, 2012 (S.I. 6 of 2012).

  • 7 Workers' rights and duties

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

      Summary / Citation: Every employee has the duty, while at work, to take reasonable care for the health, safety and wellbeing of himself and of other persons who may be affected by his acts or omissions at work.

      • Occupational Safety and Health Decree 1978. No. 54. (S 8)

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

      Summary / Citation: Every employee has the duty, while at work, to take reasonable care for the health, safety and wellbeing of himself and of other persons who may be affected by his acts or omissions at work.

      • Occupational Safety and Health Decree 1978. No. 54. (S 8)

    • 7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

      No data available.

    • 7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

      No data available.

    • 7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

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

      • Occupational Safety and Health Decree 1978. No. 54. (S 5(3))

    • 7.6 Duty to comply with OSH-related requirements

      Summary / Citation: Every employee has the duty, as regards any duty or requirement imposed on his employer or any other person by or under OSH legislation or any other written law, to cooperate with the employer or that other person so far as is necessary to enable that duty or requirement to be performed or complied with.

      • Occupational Safety and Health Decree 1978. No. 54. (S 8)

    • 7.7 Right to enquire about risks and preventive measures

      Summary / Citation: Employers have the duty to provide such information, instruction, training and supervision as is necessary to ensure the health and safety at work of his employees.

      • Occupational Safety and Health Decree 1978. No. 54. (S 4)

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

    • 7.8 Right to remove themselves from a dangerous situation

      Summary / Citation: The law allows workers to remove themselves from dangerous or unhealthy work situations, report the employer to the Health and Safety Commission, and seek compensation without jeopardizing their employment.

      • Conditions of Employment Regulations, 1991. S.I.34

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

    • 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: An Occupational Safety Board is established under OSH legislation.

      • Occupational Safety and Health Decree 1978. No. 54. (S 10)

      • 8.1.1 Objectives, roles and/or functions

        Summary / Citation: The Occupational Safety Board is established to advise and assist the Minister in his functions under OSH legislation and to perform such other functions as may be assigned to it by OSH legislation or by the Minister.

        • Occupational Safety and Health Decree 1978. No. 54. (S 10(1))

      • 8.1.2 Constitution and chairmanship modalities

        Summary / Citation: The Board consists of a chairman and not less than nine members appointed by the Minister of whom equal numbers represent Government, employers and employees.

        • Occupational Safety and Health Decree 1978. No. 54. (S 10(2))

    • 8.2 Employers’ duty to consult workers on risks

      Summary / Citation: "In categories of enterprises designated by the Director as involving particular risks to safety, the employees in such categories of enterprises shall elect from among themselves a health and safety representative and the employer of such categories of enterprises may, in addition to a representative elected by the employees, also designate an employee as a health and safety representative."
      (S 25)

      "Health and safety representatives appointed or designated under section 25 shall monitor and report safety and health problems and needs in the enterprise to management and shall be released from their other duties for this purpose without loss of earnings."
      (S 27)

      • Occupational Safety and Health Decree 1978. No. 54. (SS 25, 27)

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

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

      Summary / Citation: "In categories of enterprises designated by the Director as involving particular risks to safety, the employees in such categories of enterprises shall elect from among themselves a health and safety representative and the employer of such categories of enterprises may, in addition to a representative elected by the employees, also designate an employee as a health and safety representative."

      • Occupational Safety and Health Decree 1978. No. 54. (S 25)

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

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

        No data available.

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

        No data available.

    • 8.4 OSH representatives’ functions, rights and powers

      Sometimes.

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

      • 8.4.1 Right to inspect the workplace

        Summary / Citation: "Health and safety representatives appointed or designated (...) shall monitor and report safety and health problems and needs in the enterprise to management and shall be released from their other duties for this purpose without loss of earnings."

        • Occupational Safety and Health Decree 1978. No. 54. (S 27)

      • 8.4.2 Right to access OSH information

        Summary / Citation: "Health and safety representatives elected or designated under section 25 shall attend without loss of earning, short courses on basic safety and health to be organised by the Government."
        (S 26)

        "Health and safety representatives appointed or designated (...) shall monitor and report safety and health problems and needs in the enterprise to management and shall be released from their other duties for this purpose without loss of earnings."
        (S 27)

        • Occupational Safety and Health Decree 1978. No. 54. (S 26, 27)

        Related CEACR Comments
        • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

      • 8.4.3 Right to be present at interviews

        Remarks / comments: OSH legislation provides that "the Minister may make regulations for the better carrying out of the provisions of this Decree ..."

        • Occupational Safety and Health Decree 1978. No. 54. (S 34)

      • 8.4.4 Right to receive professional assistance from OSH experts

        Remarks / comments: OSH legislation provides that "the Minister may make regulations for the better carrying out of the provisions of this Decree ..."

        • Occupational Safety and Health Decree 1978. No. 54. (S 34)

      • 8.4.5 Right to accompany inspectors

        Remarks / comments: OSH legislation provides that "the Minister may make regulations for the better carrying out of the provisions of this Decree ..."

        • Occupational Safety and Health Decree 1978. No. 54. (S 34)

      • 8.4.6 Right to use facilities

        Remarks / comments: OSH legislation provides that "the Minister may make regulations for the better carrying out of the provisions of this Decree ..."

        • Occupational Safety and Health Decree 1978. No. 54. (S 34)

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

        Summary / Citation: "Health and safety representatives appointed or designated (...) shall monitor and report safety and health problems and needs in the enterprise to management and shall be released from their other duties for this purpose without loss of earnings."

        • Occupational Safety and Health Decree 1978. No. 54. (S 27)

      • 8.4.8 Right to issue remedial notices

        Remarks / comments: OSH legislation provides that "the Minister may make regulations for the better carrying out of the provisions of this Decree ..."

        • Occupational Safety and Health Decree 1978. No. 54. (S 34)

      • 8.4.9 Right to resolve OSH issues in consultation with employers

        Remarks / comments: OSH legislation provides that "the Minister may make regulations for the better carrying out of the provisions of this Decree ..."

        • Occupational Safety and Health Decree 1978. No. 54. (S 34)

      • 8.4.10 Right to direct that dangerous work cease

        Remarks / comments: OSH legislation provides that "the Minister may make regulations for the better carrying out of the provisions of this Decree ..."

        • Occupational Safety and Health Decree 1978. No. 54. (S 34)

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

      No data available.

    • 8.6 Joint OSH Committee

      Remarks / comments: OSH legislation provides that "the Minister may make regulations for the better carrying out of the provisions of this Decree ..."

      • Occupational Safety and Health Decree 1978. No. 54. (S 34)

      • 8.6.1 Participation of workers’ representatives in joint OSH committee

        No data available.

        Related CEACR Comments
        • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

      • 8.6.2 Conditions for establishing a joint OSH committee

        No data available.

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

        No data available.

        Related CEACR Comments
        • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

      • 8.6.4 Keeping record of the work of joint OSH committees

        No data available.

      • 8.6.5 Sharing the minutes of joint OSH committees meetings

        No data available.

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

      No data available.

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

    • 8.8 Protection against reprisals

      No data available.

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

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

      No data available.

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

  • 9 Specific hazards or risks

    • 9.1 Biological hazards

      Summary / Citation: The Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997 provides for medical supervision at worksites where hazardous materials are used. Employers are required to provide fist aid materials and devise emergency evacuation plans at workplaces with 25 or more employees.

      • International Trade Zone (Employment) Regulations, 1997 (S.I. 13 of 1997).

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

    • 9.2 Chemical hazards

      Yes.

      • 9.2.1 Handling, storage, labelling and use

        Summary / Citation: The Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997 provides for medical supervision at worksites where hazardous materials are used. Employers are required to provide fist aid materials and devise emergency evacuation plans at workplaces with 25 or more employees.

        • International Trade Zone (Employment) Regulations, 1997 (S.I. 13 of 1997).

        Related CEACR Comments
        • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

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

        Summary / Citation: "It shall be the duty of any person who designs, manufactures, imports or supplies any article or substance for use at work to ensure that the article or substance is safe and without risk to health when properly used."

        • Occupational Safety and Health Decree 1978. No. 54. (S 7(1))

        Related CEACR Comments
        • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

      • 9.2.3 Pesticides

        Summary / Citation: The Pesticides Control Act No. 4 of 1996 regulates the manufacture, distribution, use, storage and disposal of pesticides for the protection of the public health and the environment and to provide for matters connected therewith.

        “The Minister may, after consulting the Board, make regulations (…) with the concurrence of the Minister responsible for health, to protect the public health and, in particular the health of workers against the hazards arising from the manufacture, use, storage, handling and disposal of pesticides."
        (S 25 (1))

        • Pesticides Control Act (Act No. 4 of 1996). (25 (1))

    • 9.3 Ergonomic hazards

      No data available.

    • 9.4 Physical hazards

      Sometimes.

      • 9.4.1 Ionising radiation

        Summary / Citation: The Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997 sets forth maximum exposure limits to ionising radiation, and provides for the removal of workers from sources of radiation and for subsequent medical supervision if employees are exposed to radiation over the set limits.

        • Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997. (S 9)

      • 9.4.2 Vibration and noise

        Summary / Citation: The Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997 regulate noise protection

        • Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997.

        Related CEACR Comments
        • Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) Direct Request 2014

      • 9.4.3 Working at height

        Summary / Citation: Specific OSH regulations exist for the purpose of protecting employees working in the construction industry, confined space and those working as welders in any work place. They make provision for the erection of solid scaffold, board, working platform, safety nets and belts, good housekeeping, safe site access, electrical safety, use of personal protective equipment (PPE), safe working in confined space which includes ship holds, tanks, manholes, cold storage and culverts and safe erection of temporary structure.

        • Occupational Safety and Health (Construction Industry, Confined Space and Welding) Regulations, 1991 (S.I. 61 of 1991)

      • 9.4.4 Working in confined spaces

        Summary / Citation: Specific OSH regulations exist for the purpose of protecting employees working in the construction industry, confined space and those working as welders in any work place. They make provision for the erection of solid scaffold, board, working platform, safety nets and belts, good housekeeping, safe site access, electrical safety, use of personal protective equipment (PPE), safe working in confined space which includes ship holds, tanks, manholes, cold storage and culverts and safe erection of temporary structure.

        • Occupational Safety and Health (Construction Industry, Confined Space and Welding) Regulations, 1991 (S.I. 61 of 1991)

      • 9.4.5 Risks arising from poor maintenance of workplace facilities

        Summary / Citation: Specific OSH regulations make provisions for good housekeeping; overcrowding in work premises; reasonable comfort zone temperature in a workroom or other premises; effective drainage system for work process or activity that renders the working place wet; sanitary conveniences for all employees; washing facilities with clean running water, soap and towel; supply of drinking water in the workplace; sufficient lighting in the workplace; eating facilities; sitting facilities; accommodation of clothing (lockers and changing room); lifting of heavy load; maximum noise level to which employees can be exposed to; exposure to radiation; personal protective clothing; First Aid facilities; evacuation of the sick and seriously injured.

        • Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997.

      • 9.4.6 Exposure to extreme temperatures

        Summary / Citation: Specific OSH regulations make provisions for good housekeeping; overcrowding in work premises; reasonable comfort zone temperature in a workroom or other premises; effective drainage system for work process or activity that renders the working place wet; sanitary conveniences for all employees; washing facilities with clean running water, soap and towel; supply of drinking water in the workplace; sufficient lighting in the workplace; eating facilities; sitting facilities; accommodation of clothing (lockers and changing room); lifting of heavy load; maximum noise level to which employees can be exposed to; exposure to radiation; personal protective clothing; First Aid facilities; evacuation of the sick and seriously injured.

        • Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997.

      • 9.4.7 Fire risks

        Summary / Citation: Specific OSH regulations provide for maintenance, safety and cleanliness of workplaces and for specific regulations on good housekeeping; overcrowding in work premises; reasonable comfort zone temperature in a workroom or other premises; effective drainage system for work process or activity that renders the working place wet; sanitary conveniences for all employees; washing facilities with clean running water, soap and towel; supply of drinking water in the workplace; sufficient lighting in the workplace; eating facilities; sitting facilities; accommodation of clothing (lockers and changing room); lifting of heavy load; maximum noise level to which employees can be exposed to; exposure to radiation; personal protective clothing; First Aid facilities; evacuation of the sick and seriously injured.

        • Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997.

      • 9.4.8 Tobacco

        No data available.

      • 9.4.9 Asbestos

        Summary / Citation: OSH legislation provides for medical supervision at worksites where hazardous materials are used.

        • Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997.

      • 9.4.10 Risks related to nanotechnology

        No data available.

      • 9.4.11 Contraction of HIV in the workplace

        Summary / Citation: "The tripartite partners commit themselves to (…) strengthen occupational safety and health systems to protect groups at risk, and in a manner which protects the health and income of those workers as well as the profitability of business and industry."

        • Seychelles Policy ON HIV/AIDS in the Workplace (Para 6)

    • 9.5 Psychosocial hazards

      No data available.

      • 9.5.1 Psychosocial risks

        No data available.

      • 9.5.2 Occupational violence

        No data available.

    • 9.6 Other hazardous substances

      Summary / Citation: The Minister is empowered to make regulations for the better carrying out of the provisions of Occupational Safety and Health Decree 54 of 1978, including requirements for the conditions in which persons work, including the structure, condition and stability of premises, exits and entrances, cleanliness, temperature, lighting, ventilation overcrowding, noise vibrations, ionising and other radiation, dust and fumes. The Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997 provides for medical supervision at worksites where hazardous materials are used. Employers are required to provide fist aid materials and devise emergency evacuation plans at workplaces with 25 or more employees.

      • International Trade Zone (Employment) Regulations, 1997 (S.I. 13 of 1997).

    • 9.7 Machineries

      Sometimes.

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

    • 9.8 Provisions to protect workers in specific condition of vulnerability

      Sometimes.

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

  • 11 OSH inspection and enforcement of OSH legislation

References

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