Ensuring a safe and healthy workplace is a critical aspect of operating in Mozambique. The country's labor legislation places significant emphasis on protecting employees from occupational hazards and promoting well-being within the work environment. Adhering to these requirements is not only a legal obligation but also essential for fostering a productive and sustainable workforce.
Employers operating in Mozambique must navigate a specific set of regulations designed to govern workplace health and safety. These rules cover a wide range of areas, from general safety standards and risk management to specific protocols for inspections, accident reporting, and the clear delineation of responsibilities between employers and employees. Understanding and implementing these requirements is fundamental for compliance and the welfare of all personnel.
Health and Safety Laws and Regulatory Framework
The primary legal framework governing occupational health and safety in Mozambique is established by the Labor Law (Law No. 23/2007) and its subsequent regulations. This legislation sets out the general principles and obligations for employers and employees regarding workplace safety and health. Specific decrees and ministerial diplomas provide more detailed requirements for various sectors and types of work activities.
Key aspects covered by the legal framework include:
- General duties of employers to ensure safe working conditions.
- Rights and duties of employees concerning their own safety and that of others.
- Requirements for risk assessment and prevention.
- Provisions for occupational health services and medical surveillance.
- Rules for reporting and investigating workplace accidents and diseases.
- Establishment and functioning of health and safety committees.
| Key Regulatory Instruments | Focus Area |
|---|---|
| Labor Law (Law No. 23/2007) | Overarching principles, rights, and duties |
| Specific Decrees/Ministerial Diplomas | Detailed regulations for specific hazards, industries, or work processes |
Compliance with this framework is mandatory for all employers operating within Mozambique, regardless of the size or sector of the business.
Occupational Health and Safety Standards and Practices
Employers are required to implement specific standards and practices to prevent occupational risks and protect the health of workers. This includes identifying hazards, assessing risks, and implementing control measures. A proactive approach to safety management is expected.
Risk Assessment
A fundamental requirement is the systematic identification of hazards and assessment of risks present in the workplace. This process should be documented and reviewed regularly, especially after any significant changes in work processes, equipment, or the work environment. Based on the risk assessment, appropriate preventive and protective measures must be implemented.
Safety Committees
For workplaces meeting certain criteria (often based on the number of employees), the establishment of a Health and Safety Committee is mandatory. These committees are bipartite, comprising representatives from both management and employees. Their role is to collaborate on identifying hazards, proposing preventive measures, promoting safety awareness, and monitoring the implementation of safety policies.
General Standards
Employers must ensure that the workplace is maintained in a safe condition, including:
- Adequate ventilation, lighting, and temperature control.
- Safe access and egress routes.
- Proper storage of materials, especially hazardous substances.
- Maintenance of machinery and equipment in safe working order.
- Provision and proper use of personal protective equipment (PPE) where necessary.
Workplace Inspection Processes and Requirements
Workplace inspections are conducted by relevant government authorities to ensure compliance with health and safety legislation. These inspections can be routine or triggered by specific events, such as accidents or complaints.
Inspectors have the authority to:
- Enter workplaces at any reasonable time.
- Examine premises, equipment, and documents related to health and safety.
- Interview employers and employees.
- Issue notices requiring corrective actions within a specified timeframe.
- Order the cessation of work activities that pose an imminent danger.
Employers are required to cooperate with inspectors, provide access to relevant areas and documentation, and take prompt action to address any non-compliance identified during an inspection.
Workplace Accident Protocols and Reporting
Employers have clear obligations regarding workplace accidents and occupational diseases. Prompt action and accurate reporting are crucial.
Immediate Actions
In the event of an accident or the discovery of an occupational disease, the employer must:
- Provide immediate first aid and ensure the injured or ill worker receives necessary medical attention.
- Secure the accident scene if necessary to prevent further incidents and facilitate investigation.
- Notify relevant authorities and the worker's family as required by law.
Investigation
A thorough investigation must be conducted to determine the causes of the accident or disease. The purpose is to identify contributing factors and implement measures to prevent recurrence. The Health and Safety Committee, if established, should be involved in this process.
Reporting
Workplace accidents and occupational diseases must be reported to the relevant labor authorities within specific timeframes. The reporting requirements typically depend on the severity of the incident (e.g., minor injury, serious injury, fatality, or diagnosed occupational disease).
| Incident Type | Reporting Requirement |
|---|---|
| Minor Injury | May require internal recording and periodic reporting |
| Serious Injury or Fatality | Immediate notification and detailed report required |
| Diagnosed Occupational Disease | Reporting required upon diagnosis |
Detailed forms and procedures for reporting are specified in the relevant regulations. Failure to report incidents can result in penalties.
Employer and Employee Responsibilities for Workplace Safety
Both employers and employees share responsibilities for maintaining a safe and healthy work environment.
Employer Responsibilities
Employers bear the primary responsibility for ensuring workplace safety. Their duties include:
- Providing a safe working environment, free from recognized hazards.
- Developing and implementing health and safety policies and procedures.
- Conducting risk assessments and implementing control measures.
- Providing necessary information, instruction, and training to employees.
- Providing and maintaining appropriate PPE.
- Establishing and maintaining occupational health services.
- Investigating and reporting workplace accidents and diseases.
- Consulting with employees or their representatives on health and safety matters.
- Establishing a Health and Safety Committee where required.
Employee Responsibilities
Employees also have duties to contribute to workplace safety. These include:
- Taking reasonable care for their own health and safety and that of others affected by their actions.
- Cooperating with the employer on health and safety matters.
- Using machinery, equipment, and substances correctly and safely.
- Using provided PPE correctly.
- Reporting any hazards, accidents, or incidents they become aware of.
- Participating in training provided by the employer.
- Not intentionally or recklessly interfering with or misusing anything provided for health and safety.
Training and Documentation
Employers are obligated to provide adequate health and safety training to all employees, especially upon recruitment, transfer, or when new equipment or processes are introduced. This training should cover specific workplace hazards, safe work procedures, the use of PPE, and emergency procedures.
Maintaining comprehensive documentation is also a key requirement. This includes records of risk assessments, safety policies and procedures, training records, inspection reports, accident and incident reports, and records related to health surveillance. These documents must be readily available for inspection by the authorities.
