Sierra Leone's health and safety laws are enshrined in several key pieces of legislation. The Constitution of Sierra Leone (1991) guarantees every citizen's right to "just and favorable" working conditions. The Factories Act (Cap 131) provides the primary framework for health and safety in factories and other industrial settings, addressing elements such as cleanliness, overcrowding prevention, machinery safety, and fire prevention. The National Social Security and Insurance Trust (NASSIT) Act (2001) establishes a workers' compensation system, while the Mines and Minerals Act (2009) incorporates health and safety provisions specific to the mining industry.

Regulatory Framework

The Ministry of Labour and Social Security oversees occupational health and safety matters. Within the Ministry, the Occupational Safety and Health (OSH) Department formulates OSH policies, conducts inspections, and promotes health and safety awareness. The National Social Security and Insurance Trust (NASSIT) administers the workers' compensation scheme.

Main Areas of Focus

Sierra Leone's laws address key workplace hazards, including physical, chemical, biological, and ergonomic risks. Employers are legally obligated to identify potential workplace risks and implement appropriate control measures. The Factories Act sets standards for the safe design, operation, and maintenance of machinery. Employers are required to provide suitable Personal Protective Equipment (PPE) where hazards cannot be fully eliminated. Workers have the right to receive training on the hazards in their workplace and how to work safely. Employers must report serious workplace injuries and diseases to the OSH Department, which then investigates to determine causes and prevention strategies.

Challenges and Areas for Improvement

Enforcement of health and safety regulations can be hindered by a shortage of resources and inspectors. The large informal sectors present challenges in implementing and monitoring safety practices. Some existing health and safety laws are considered outdated and need revision to align with modern standards.

Occupational health and safety (OHS) in Sierra Leone is governed by several key pieces of legislation, including The Factories Act (1974), The Workman's Compensation Act (1960), and The National Social Security and Insurance Trust Act (2001). These laws outline requirements for workplace safety, health, and welfare, establish mechanisms for compensating employees for work-related injuries and diseases, and provide social insurance schemes, which may include coverage for occupational injuries and illnesses.

Responsible Government Agencies

The Ministry of Labour and Social Security is responsible for overseeing the implementation and enforcement of OHS legislation. The National Social Security and Insurance Trust (NASSIT) administers social insurance schemes, including coverage relating to occupational hazards.

Employer Responsibilities

Employers in Sierra Leone have a general duty of care to ensure the safety, health, and welfare of their employees while at work. This includes providing a safe workplace, conducting regular risk assessments, ensuring employees receive training on safe work practices, establishing procedures for reporting incidents, and involving workers in developing and implementing OHS measures.

Employee Rights

Employees in Sierra Leone have the right to be informed about potential hazards in the workplace, participate in OHS decision-making, and refuse work they reasonably believe poses a serious risk to their health or safety.

Specific OHS Areas

Chemical Safety

Employers must identify and label hazardous chemicals, provide safety data sheets, ensure safe storage, handling, and disposal procedures for hazardous chemicals, and train employees on handling hazardous chemicals and the use of appropriate personal protective equipment.

Ergonomics

Employers should assess ergonomic risks and implement measures to reduce ergonomic hazards through task redesign, equipment adjustments, and worker training.

Psychosocial Hazards

Employers need to be aware of psychosocial risks such as workplace stress, bullying, and harassment, and develop policies and procedures to prevent and address these hazards.

Occupational Health Services

Employers should provide access to occupational health services for preventive health screenings, first aid, and treatment of minor workplace injuries.

Challenges and Improvement

Sierra Leone faces challenges in enforcing OHS standards due to limited resources and a large informal sector. Collaboration between the government, employers, and workers' organizations is needed to improve workplace safety and health.

Workplace inspections are a crucial tool in Sierra Leone, helping to proactively identify and control hazards. The Ministry of Labour and Social Security is the main authority responsible for conducting these inspections across various industries.

Inspection Criteria

Workplace inspections in Sierra Leone generally focus on several key areas:

• Physical Hazards:
  • Machinery safety and guarding
  • Electrical installations
  • Fire safety and emergency preparedness
  • Building structural integrity
  • Noise and vibration levels
• Chemical Hazards:
  • Safe handling, storage, and labeling of chemicals
  • Availability and use of Safety Data Sheets (SDS)
  • Use of appropriate Personal Protective Equipment (PPE)
• Ergonomic Hazards:
  • Workstation design and layout
  • Manual handling tasks
  • Repetitive motion risks
• Biological Hazards
  • Sanitary conditions and waste disposal
  • Exposure controls for infectious agents
• Psychosocial Hazards
  • Workplace stress, workload, and working hours
  • Policies on bullying and harassment
• Compliance with Recordkeeping:
  • Incident reports, risk assessments, and training records

Inspection Frequency

The frequency of workplace inspections in Sierra Leone may vary based on factors such as:

• Industry Risk Level: High-risk industries may necessitate more frequent inspections.
• Incident History: Workplaces with a history of safety incidents might be subject to closer monitoring.
• Resource Availability: The frequency of inspections could be impacted by limitations in the Ministry of Labour's resources.

Inspection Procedures

1. Planning and Notice: Inspections can be scheduled or unannounced, depending on the nature of the workplace and the inspector's assessment.
2. Opening Conference: The inspector introduces themselves, outlines the inspection scope, and may request relevant documentation.
3. Workplace Walk-Through: The inspector observes work procedures, examines facilities, identifies hazards, and may interview employees.
4. Closing Conference: The inspector provides a summary of findings and discusses potential corrective actions.
5. Inspection Report: A formal report details the observations, any violations identified, and recommendations.

Follow-Up Actions

• Corrective Action: The employer is legally obligated to address hazards and violations within a specified timeframe outlined in the inspection report.
• Re-inspection: The Ministry of Labour may conduct follow-up inspections to verify that corrective actions have been implemented.
• Enforcement Actions: In cases of non-compliance or serious violations, enforcement actions might include fines or even workplace closure.

In Sierra Leone, there are established procedures for handling workplace accidents. These procedures ensure prompt reporting, thorough investigations, and access to compensation for injured workers.

Reporting Requirements

Employers are legally obligated to promptly notify the Ministry of Labour and Social Security of any serious workplace accidents, injuries, or fatalities. This obligation is under the Factories Act (1974). Employers may be required to use specific incident report forms to provide details about the accident. These details include the nature of the injury, the circumstances surrounding the incident, and the affected employee's information.

Investigation Processes

Employers have the primary responsibility to investigate workplace accidents. The aim is to identify root causes and implement preventive measures. These investigations should involve employee representatives and/or safety committees. In cases of severe accidents or fatalities, the Ministry of Labour may conduct its own investigation. The purpose is to determine any violations of regulations and ascertain potential liability.

Compensation Claims

The Workman's Compensation Act (1960) provides the framework for injured workers or the dependents of deceased workers to claim compensation for workplace injuries and diseases. Injured workers or their dependents need to file a claim with the National Social Security and Insurance Trust (NASSIT). NASSIT administers the compensation scheme. NASSIT may require the worker to undergo a medical assessment to determine the extent of the disability and calculate the compensation amount. Compensation may include medical expenses, temporary or permanent disability benefits, and survivor benefits in case of a death.

Key Considerations

There are usually strict time limits for reporting workplace accidents and filing compensation claims. Employers must maintain accurate records of workplace accidents and injuries. These records are essential for both investigations and compensation claims.