Ensuring a safe and healthy workplace is fundamental to business operations in Lesotho. Compliance with local occupational health and safety regulations is not only a legal requirement but also crucial for protecting employees, minimizing risks, and fostering a productive environment. Employers operating within Lesotho must navigate a specific set of laws and standards designed to prevent workplace accidents and illnesses.
Understanding and implementing the necessary protocols, from conducting thorough risk assessments to establishing clear accident reporting procedures, is essential for any company employing staff in the country. Adhering to these requirements demonstrates a commitment to employee well-being and contributes to overall operational efficiency and legal compliance.
Health and Safety Laws and Regulatory Framework
The primary legislation governing occupational health and safety in Lesotho is the Occupational Health and Safety Act of 2001. This Act establishes the general duties of employers and employees regarding workplace safety and health. It provides the framework for setting standards, conducting inspections, and enforcing compliance. The Act aims to protect persons at work against hazards to their health and safety arising out of or in connection with their activities at work.
Key aspects covered by the Act include:
- General duties of employers to ensure the health and safety of their employees.
- General duties of employees to take reasonable care for their own health and safety and that of others.
- Requirements for reporting workplace accidents and diseases.
- Provisions for the appointment of inspectors and their powers.
- Establishment of health and safety committees in certain workplaces.
- Regulations concerning specific hazards and industries may be issued under the Act.
Compliance with this Act and any subsidiary regulations is mandatory for all employers in Lesotho.
Occupational Health and Safety Standards and Practices
Employers are required to maintain a workplace that is safe and without risks to the health of employees. This involves implementing various standards and practices tailored to the specific hazards present in the work environment.
Risk Assessment
A fundamental practice is conducting regular risk assessments. Employers must identify potential hazards in the workplace, evaluate the risks associated with these hazards, and implement control measures to eliminate or minimize them. This process should be documented and reviewed periodically, especially after any changes in work processes or equipment.
Safety Committees
The Occupational Health and Safety Act mandates the establishment of health and safety committees in workplaces meeting certain criteria (often based on the number of employees). These committees, comprising representatives from both management and employees, play a vital role in promoting safety, conducting inspections, investigating incidents, and making recommendations for improvements.
Training Requirements
Employers have a duty to provide employees with adequate information, instruction, training, and supervision to ensure their health and safety at work. Training should cover:
- Specific hazards associated with their job tasks.
- Safe work procedures.
- Use of personal protective equipment (PPE).
- Emergency procedures.
- The contents of relevant safety policies and procedures.
Training should be provided upon hiring, when job tasks change, and periodically as refresher training.
Documentation Obligations
Maintaining comprehensive documentation is a key requirement. This includes:
- Records of risk assessments.
- Minutes of safety committee meetings.
- Records of safety training provided to employees.
- Records of workplace inspections.
- Accident and incident reports.
- Safety policies and procedures.
Proper documentation serves as evidence of compliance and is essential for internal management and external inspections.
Workplace Inspection Processes and Requirements
Workplace inspections are conducted by government inspectors appointed under the Occupational Health and Safety Act. These inspectors have the authority to enter workplaces at reasonable times to:
- Examine the premises, equipment, and materials.
- Interview employers and employees.
- Require the production of relevant documents and records.
- Take samples or photographs.
- Issue improvement notices or prohibition notices if non-compliance or immediate danger is found.
Employers must cooperate with inspectors and provide access and necessary information. Regular internal inspections, often conducted by the safety committee or designated personnel, are also a good practice to proactively identify and address potential hazards before external inspections occur.
Workplace Accident Protocols and Reporting
In the event of a workplace accident or occupational disease, specific protocols must be followed. These protocols are designed to ensure immediate action is taken to protect affected individuals and prevent recurrence, and that the incident is properly documented and reported to the relevant authorities.
Key steps typically include:
- Providing immediate first aid and medical attention.
- Securing the accident scene to prevent further injury and preserve evidence.
- Investigating the cause of the accident.
- Implementing corrective actions to prevent similar incidents.
- Reporting the incident to the Ministry of Labour and Employment within a specified timeframe, especially for serious injuries, fatalities, or prescribed occupational diseases.
Failure to report accidents as required by law can result in penalties. Detailed records of all incidents, including near misses, should be kept internally.
Employer and Employee Responsibilities for Workplace Safety
Workplace safety is a shared responsibility between employers and employees.
Employer Responsibilities:
- Provide a safe working environment, plant, and systems of work.
- Ensure the safe use, handling, storage, and transport of articles and substances.
- Provide necessary information, instruction, training, and supervision.
- Maintain the workplace in a safe condition.
- Provide and maintain necessary protective clothing and equipment.
- Establish a safety policy and bring it to the attention of employees.
- Report accidents and occupational diseases.
- Cooperate with safety committees and inspectors.
Employee Responsibilities:
- Take reasonable care for their own health and safety and that of others affected by their acts or omissions.
- Cooperate with the employer on health and safety matters.
- Use equipment, substances, and protective devices correctly as instructed.
- Report any situation that they believe is a hazard to health and safety.
- Not intentionally or recklessly interfere with or misuse anything provided in the interest of health, safety, or welfare.
