Djibouti's health and safety legislation is primarily outlined within its Labor Code of 2006. This establishes the core obligations of employers, workers' rights, and institutional oversight. Several additional decrees and regulations supplement this code.

Key Areas of Regulation

The Labor Code obligates employers to implement safety measures and create conditions for the protection of worker health and well-being. This includes provisions for prevention of accidents and occupational diseases, maintaining safe and hygienic workplaces, and providing necessary protective equipment.

Supplemental regulations address particular threats such as hazardous substances, HIV/AIDS, and asbestos. Décret n° 2005-0008/PR/MTEFP of 2005 regulates the handling, storage, and disposal of hazardous chemicals and products. Loi n°131/AN/05/5ème L of 2005 addresses HIV/AIDS in the workplace, prohibiting discrimination and outlining prevention measures. Specific regulations exist for asbestos handling and removal due to its carcinogenic nature.

Institutional Framework

The Ministry of Labor oversees labor law implementation. The National Social Security Fund (Caisse Nationale de Sécurité Sociale - CNSS) plays a key role in workplace accident compensation and health and safety promotion.

Limitations and Challenges

Djibouti faces challenges in implementing robust health and safety systems due to limited resources and capacities for inspection and enforcement. Health and safety regulation is particularly difficult to enforce within Djibouti's large informal economic sector.

Additional Considerations

Djibouti is a member of the International Labour Organization (ILO) and has ratified several key health and safety conventions. Various industries may have additional specific health and safety regulations.

Occupational health and safety (OHS) in Djibouti is primarily guided by its Labor Code and specific regulations. The country has also ratified several international labor conventions relevant to OHS. The key regulatory bodies include the Ministry of Labor in Charge of Administrative Reform, which is the leading agency responsible for formulating, implementing, and enforcing OHS policies and regulations, and the National Social Security Fund (Caisse Nationale de Sécurité Sociale, CNSS), which oversees workplace safety and the prevention of occupational accidents and illnesses.

OHS Legislation and Standards

The Labor Code (Code du Travail) outlines fundamental OHS rights and obligations for employers and workers. Key elements include employer responsibility to provide a safe and healthy working environment and worker rights to refuse dangerous work. Specific sectoral regulations address OHS issues in areas such as construction, mining, and maritime activities.

International Labor Organization (ILO) Conventions

Djibouti has ratified several ILO conventions relevant to OHS, including the Occupational Safety and Health Convention, 1981 (No. 155), which sets out principles for national OHS policies, systems, and programs, and the Occupational Health Services Convention, 1985 (No. 161), which addresses the establishment and functions of occupational health services at the workplace.

Key OHS Practices in Djibouti

Employers in Djibouti are expected to identify workplace hazards and assess risks to workers' health and safety. Based on risk assessment, employers must take measures to eliminate or control hazards, using a hierarchy of controls. Employers must also provide workers with information and training on workplace hazards, safe work procedures, and emergency response. Where applicable, employers should implement health monitoring programs for workers exposed to specific hazards. Employers are also required to report and investigate workplace accidents and illnesses to identify root causes and corrective measures.

Challenges and Opportunities

Djibouti faces challenges in terms of resources and capacity to effectively enforce OHS regulations across all sectors. The prevalence of informal work makes it difficult to ensure OHS standards are applied consistently. However, increased collaboration between government, employers, workers organizations, and international partners can strengthen Djibouti's OHS system.

Workplace inspections play a crucial role in ensuring labor rights, health, and safety in Djibouti's work environment. They verify compliance with national labor laws, evaluate potential risks, promote preventive measures, and provide an opportunity for education and awareness about rights, responsibilities, and best practices.

Workplace Inspection Procedures

Workplace inspections in Djibouti typically follow a structured process. This process often begins with a notice of inspection, followed by an opening conference where the labor inspector explains the scope, purpose, and process of the inspection. The inspector then conducts a physical walkthrough of the workplace, reviews relevant documents, and interviews employees and employers. The inspection concludes with a closing conference and a formal inspection report detailing findings, violations, and required corrective actions.

Inspection Criteria

The inspection criteria are based on Djibouti's labor laws and specific regulations. Key areas of focus include working conditions, wages and benefits, occupational safety and health (OSH), and the protection of specific groups such as women, minors, and workers with disabilities.

Inspection Frequency

The frequency of workplace inspections may vary based on factors such as the size and type of the workplace, the industry sector, and whether the inspection is driven by specific worker complaints.

Follow-Up Actions

After an inspection, employers are given a specified time frame to address non-compliances highlighted in the inspection report. Follow-up inspections may be conducted to verify the implementation of corrective actions. In cases of serious or repeated violations, inspectors can impose fines and administrative penalties, and severe breaches of labor law can result in legal action against the employer.

In Djibouti, employers are legally obligated to report workplace accidents that result in injury, illness, or death. This obligation is in accordance with the Labour Code of Djibouti. The accident report should be submitted to the Labour Inspectorate and the Social Security Fund within 48 hours of the accident. The report should include details such as the date, time, and location of the accident, the nature of the accident, the names and job titles of the injured workers, a description of injuries sustained, the circumstances surrounding the accident, and any witnesses.

Investigation Processes

The employer is responsible for conducting an initial investigation into the workplace accident to determine the root causes and identify preventative measures. The Labour Inspectorate may also conduct a separate investigation, particularly in cases of serious injury or fatality. Their authority includes visiting and inspecting the accident site, interviewing witnesses, collecting evidence, and issuing enforcement notices or orders.

Compensation Claims

Djibouti has a workers' compensation system managed by the Social Security Fund. Injured workers are entitled to medical treatment and rehabilitation, temporary disability benefits, permanent disability benefits, and survivor benefits in case of death. The right to workers' compensation is enshrined in the Labour Code of Djibouti. Injured workers or their dependents must file a compensation claim with the Social Security Fund, supported by medical documentation.

Additional Considerations

Employers have a general duty to ensure a safe workplace. This includes prioritizing the prevention of workplace accidents through risk assessments, safety training, and the provision of personal protective equipment (PPE).