In Burundi, the primary legal documents that regulate health and safety are the Burundi Labor Code and Ministerial Orders. The Labor Code outlines the fundamental rules regarding employment relationships, including sections focused on worker health and safety. Ministerial Orders, issued by the relevant ministry, detail specific technical aspects and requirements for workplace safety across different sectors.

General Employer Obligations

Employers in Burundi have a broad responsibility to ensure the health and safety of their workers. This includes providing a safe workplace, offering training and information on health and safety risks, providing appropriate Personal Protective Equipment (PPE) if hazards cannot be eliminated, and reporting and investigating workplace incidents.

Worker Rights and Responsibilities

The Labor Code also outlines worker rights and responsibilities regarding health and safety. Workers have the right to refuse dangerous work, participate in health and safety committees or elect safety representatives, and have a duty to cooperate with the employer in implementing health and safety measures.

Specific Safety Regulations

Ministries can issue orders detailing sector-specific safety regulations. These often focus on areas such as construction safety, chemical safety, fire safety, and workplace sanitation and hygiene.

Enforcement of Health and Safety Laws

The Labor Inspectorate, part of the Ministry of Labor, is primarily responsible for enforcing health and safety laws in Burundi. Labor inspectors have the authority to conduct workplace inspections, issue improvement notices or penalties, and impose fines in cases of serious non-compliance.

Burundi's occupational health and safety (OHS) standards are designed to prevent workplace hazards and protect worker wellbeing. Key elements include risk assessment, where employers must systematically identify and assess potential workplace hazards. This is the foundation for effective OHS management.

Employers are also required to implement a hierarchy of controls to eliminate or minimize risks. Priority is given to engineering controls, followed by administrative measures, and lastly, reliance on personal protective equipment (PPE). Employers also have a duty to report and investigate workplace incidents to identify root causes and prevent recurrence.

Chemical Safety

Burundi is in the process of adopting the Globally Harmonized System (GHS) for chemical classification and labeling, aligning with international standards. Employers must have Material Safety Data Sheets (MSDS) available for hazardous chemicals, providing information on hazard identification, safe handling, and emergency procedures.

Machine Safety

Machines must be properly guarded, and procedures must be in place for lockout/tagout during maintenance or repair, preventing accidental startup.

Electrical Safety

Electrical work must conform to recognized standards to prevent shocks and electrical fires.

Fire Safety

Employers should have plans in place addressing fire prevention, emergency evacuation, and the provision of firefighting equipment.

Ergonomics

Regulations may exist for safe manual handling of loads to prevent musculoskeletal injuries. Guidelines might promote ergonomically sound work environments to reduce the risk of repetitive strain injuries.

Occupational Health

Standards address cleanliness, ventilation, lighting, and noise control to maintain a healthy work environment. Medical examinations might be required for workers exposed to specific hazards (e.g., noise, dust, chemicals).

Challenges and Improvements

Burundi faces significant challenges in OHS enforcement and implementation due to factors like limited resources and a large informal sector that operates outside of regulatory frameworks. The government, with support from institutions like the ILO, is working to address these issues, with efforts focusing on capacity building, promoting OHS awareness among both employers and workers, and collaborating with international organizations to improve OHS standards and practices.

Workplace inspections are a crucial tool for ensuring a safe work environment. The primary objectives of inspections include verifying compliance, identifying hazards, and raising awareness. Inspections allow the Labor Inspectorate to assess whether employers are adhering to the requirements of the Labor Code and relevant Ministerial Orders. Inspectors proactively identify potential workplace hazards and risks, enabling employers to take corrective action before accidents occur. Inspections also serve an educational role, promoting understanding of regulations among both employers and workers.

Labor Inspectorate

The Labor Inspectorate, a division within the Ministry of Labor, has the primary responsibility for conducting workplace inspections. Labor inspectors are granted legal authority to enter workplaces without prior notice, examine equipment, materials, and processes, interview workers and employers, issue improvement notices, and impose penalties.

Inspection Criteria

Workplace inspections focus on a range of health and safety areas, including hazard identification and control, machine safety, chemical safety, fire safety, electrical safety, ergonomics, workplace hygiene and sanitation, and recordkeeping.

Inspection Frequency

The Labor Code does not mandate a specific frequency for workplace inspections. Inspection frequency can be influenced by factors such as the size and sector of the workplace, and complaint-driven inspections.

Follow-up Actions

After an inspection, employers must address issues within the timeframe specified by the inspector. Inspectors may conduct follow-up inspections to verify if corrective actions have been taken. Employers who fail to comply can face fines, or in severe cases, temporary or permanent closure of the workplace.

In Burundi, employers are legally obligated to report workplace accidents that result in injury or death. The report must be submitted to the local labor inspectorate and the National Social Security Institute (INSS - Institut National de Sécurité Sociale) for compensation purposes. The exact timeframes for reporting can vary depending on the severity of the accident, but generally, notification to the relevant authorities must be made as soon as possible.

Reporting Requirements

The report should include the date, time, and location of the accident, the name and contact details of the injured/deceased worker, the nature and severity of the injuries, the circumstances of the accident, and witness statements if available.

Investigation Processes

Investigations into workplace accidents in Burundi are carried out by the labor inspectorate, the INSS, and in cases of serious or fatal accidents, law enforcement agencies may also be involved. The primary goals of the investigations are to determine the cause of the accident, identify any violations of workplace safety regulations, and prevent similar accidents from happening in the future.

Compensation Claims

Workers who sustain injuries or illnesses due to workplace accidents are entitled to compensation under Burundi's social security scheme, managed by the INSS. Dependents of workers killed in workplace accidents are also eligible for compensation. Compensation may include medical expenses, disability benefits (temporary or permanent), survivor benefits, and funeral expenses.

To file a compensation claim with the INSS, the process involves the completion of a claim form and submission of supporting documentation such as medical reports and witness statements.

Legal and Regulatory References

The primary labor law governing occupational safety and health matters in Burundi is the Loi n° 1/015 du 16 mai portant Code du Travail de la République du Burundi. There are also regulations issued by the Ministry of Public Service, Labor, and Employment that provide more specific guidance on workplace safety and accident prevention. Burundi is a member of the International Labor Organization (ILO) and has ratified several conventions relevant to occupational safety and health.