In Nepal, the Labor Act, 2074 (2017) is the primary law governing health and safety. It outlines responsibilities for employers and workers, as well as provisions for accident prevention and compensation. The Labor Rules, 2075 (2018) provide more detailed specifications and procedures. The Public Health Service Act, 2075 (2018) addresses health and safety issues specifically for healthcare workers.

Employer Responsibilities

Under the Labor Act, 2074, employers have significant responsibilities to ensure safety and health. These include the provision of a safe work environment, safety training and information, establishment of a safety and health committee in workplaces with 20 or more workers, and compensation for occupational diseases and injuries.

Worker Rights and Responsibilities

Workers in Nepal have certain rights and responsibilities regarding health and safety. These include the right to refuse unsafe work, participation in safety and health committees, reporting safety hazards, and following safety regulations.

Enforcement and Penalties

Labor Inspectors appointed by the Government of Nepal are authorized to conduct inspections and investigate potential violations. Employers who violate health and safety provisions can face fines, imprisonment, or both.

Specific Industries and Hazards

Certain industries or occupational hazards may be subject to additional regulations. For example, Nepal has specific safety guidelines for the construction industry and regulations governing the handling and use of hazardous chemicals in the workplace.

Despite existing legislation, Nepal faces challenges in enforcing health and safety standards, particularly in informal sectors and small enterprises. Efforts are ongoing to improve the enforcement of laws, strengthen inspection capabilities, and raise awareness among employers and workers.

Occupational health and safety (OHS) is a crucial aspect of any workplace. In Nepal, the Labour Act of 2017 (2074) is the primary legislation that governs OHS. It mandates safe working conditions, prevention of occupational diseases, regular medical check-ups for workers in hazardous industries, formation of safety and health committees in establishments with 20 or more workers, and compensation for work-related injuries or illnesses.

Government OHS Agencies

The Department of Labour and Occupational Safety (DOLOS) is the key agency responsible for formulating and updating OHS policies and regulations. It also runs educational campaigns and training programs to promote OHS and provides guidance and assistance to industries on OHS implementation. Additionally, government-supported Occupational Safety and Health (OSH) Centers offer OHS training courses, conduct studies on occupational hazards and safety practices, and provide advice and support to businesses on improving OHS.

Key OHS Standards in Nepal

Hazard Identification and Risk Assessment

Employers are legally bound to identify and assess potential hazards that could harm workers' health and safety. This involves systematically evaluating hazards, their likelihood of occurrence, and the severity of potential consequences.

Prevention and Control Measures

Nepal's OHS framework prioritizes the following measures: elimination of the hazard, substitution with a safer alternative, modifying equipment or the work environment, changing work practices or policies, and use of personal protective equipment as a last resort.

Specific OHS Standards

The Labour Rules of 2018 detail regulations on handling, labeling, storage, and disposal of hazardous chemicals. Employers must also implement measures to reduce noise exposure, prevent musculoskeletal disorders through proper workstation design and work techniques, and address work-related stress and other factors affecting mental health.

Emergency Preparedness and Response

Workplaces must have plans for fires, earthquakes, and other disasters. Provision of first-aid facilities and trained personnel is also required.

Worker Participation

Safety and health committees are vital for worker involvement in OHS decision-making in workplaces with 20 or more workers. Workers have the right to information about hazards and to receive appropriate OHS training.

Challenges and Improvement Areas

There are several challenges in the implementation of OHS regulations, including limited resources and capacity for effective enforcement, difficulties in the large informal sector, and the need to raise OHS awareness among both employers and workers. Additionally, Nepal needs more trained OHS specialists.

Workplace inspections in Nepal play a crucial role in ensuring the safety, health, and well-being of workers across various work environments. These inspections aim to identify and mitigate hazards, promote compliance, raise awareness, and prevent accidents and illnesses.

Workplace Inspection Procedures in Nepal

Workplace inspections in Nepal generally follow these steps:

1. Planning and Preparation: The Department of Labour and Occupational Safety (DOLOS) determines which workplaces to inspect based on priority sectors, complaints lodged, or scheduled inspection rounds. Inspectors gather information on the workplace, relevant regulations, and any past inspection reports.

2. Notice: Employers are usually notified in advance, although surprise inspections may occur in cases of suspected serious violations.

3. Opening Conference: The inspectors introduce themselves and explain the reasons for the inspection. Employers are requested to provide pertinent documents like employee records, safety plans, and incident logs.

4. Workplace Walkthrough: Inspectors methodically observe the work environment, operations, equipment, and employee practices. Hazards are identified, and interviews may be conducted with employees. Photographs or samples may be taken as evidence.

5. Closing Conference: The inspectors present their initial findings and discuss observed hazards with the employer. Employers are given an opportunity to respond.

6. Report and Recommendations: A detailed report is prepared outlining the findings, noting any violations, and recommending corrective measures with deadlines.

7. Follow-up: Employers are required to submit a plan outlining how they will address the issues identified during the inspection. DOLOS may conduct follow-up inspections to verify that corrective actions have been implemented.

Inspection Criteria

Workplace inspections in Nepal assess a wide range of factors, including but not limited to general workplace safety, machinery and equipment, electrical hazards, hazardous substances, ergonomics, and employee training and awareness.

Inspection Frequency

The frequency of workplace inspections in Nepal depends on factors such as the industry and risk level, past compliance history, and complaint-driven inspections. High-risk industries are subject to more frequent inspections. Workplaces with a history of violations may be inspected more often. DOLOS may initiate inspections in response to employee complaints or reports of accidents.

Follow-up Actions

DOLOS can issue compliance orders requiring employers to rectify violations within specified deadlines. Non-compliance can result in fines or other penalties. In severe cases, authorities may order a temporary closure until hazards are addressed.

Workplace accidents are a serious concern that require immediate attention and appropriate action. Employers in Nepal are legally obligated to report any severe workplace accidents or fatalities to the Department of Labour and Occupational Safety (DOLOS) immediately. This report can be made using a prescribed form that details the nature of the injury, the time and location of the incident, and the circumstances surrounding the accident. It's also recommended to preserve the accident scene to the extent possible to facilitate the later investigation process.

Investigation of Workplace Accidents

DOLOS is responsible for investigating workplace accidents, especially those involving severe injuries or fatalities. The aim of these investigations is to determine the root causes of the accident and identify preventive measures. The investigative procedures may involve site inspections, interviews with witnesses, workers, and management, review of records such as maintenance logs and training records, and consultation with technical experts, if necessary.

Compensation for Workplace Accidents

According to the Labor Act 2074 (2017), employers in Nepal are liable to compensate workers who sustain injuries or illnesses due to their work. This compensation may include medical expenses for treatment, lost wages during periods of disability, compensation for permanent disability, and death benefits. Workers or their families can file compensation claims with the employer, who may have workplace accident insurance to cover these claims. Disputes regarding compensation can be resolved through mediation or through the Labour Court.

Additional Considerations

There may be time limits for reporting accidents and filing compensation claims. Employers are obligated to maintain comprehensive records of workplace accidents and injuries. These records are crucial for both reporting and compensation claims.