Ghana

Ghana's health and safety laws are designed to protect the welfare of employees. The main laws include the 1992 Constitution of Ghana, the Labour Act, 2003 (Act 651), the Factories, Offices, and Shops Act, 1970 (Act 328), the Workmen’s Compensation Law, 1987 (PNDC Law 187), and the Mining Regulations, 1970 (L.I. 665).

Key Obligations for Employers

Employers in Ghana are required to ensure a safe and healthy work environment. This includes providing suitable equipment, conducting regular hazard assessments, supplying personal protective equipment (PPE), educating workers about safety procedures, and reporting accidents and occupational diseases. Workplaces with a certain number of employees must also establish health and safety committees.

Rights and Responsibilities of Workers

Workers have the right to a safe workplace, to refuse dangerous work, and to receive information about workplace hazards. They are also required to use provided PPE and report any observed hazards.

Enforcement Agencies

Several agencies oversee health and safety in Ghana, including the Department of Labour, the Department of Factories Inspectorate, the Minerals Commission, and the Environmental Protection Agency (EPA).

Occupational health and safety (OHS) is a critical aspect of any working environment. In Ghana, the foundational legislation outlining the rights and responsibilities of both employers and employees regarding workplace safety and health is the Labor Act 651 (2003). Other laws such as the Factories, Offices, and Shops Act 1970 (Act 328) and The Mining Regulations 1970 (LI 665) focus on specific work environments. The Ministry of Employment and Labour Relations and the Department of Factories Inspectorate (DFI) are key bodies responsible for developing and enforcing OHS policies in Ghana.

Core Occupational Health and Safety Standards

Ghana's OHS standards are inspired by International Labour Organization (ILO) conventions. These standards include hazard identification and risk assessment, provision of Personal Protective Equipment (PPE), safety training and education, accident and incident reporting, emergency preparedness, and occupational health services. Employers are responsible for regular assessments and controls, providing suitable PPE, and maintaining a system for reporting and investigating work-related injuries and illnesses. Workers are entitled to receive sufficient training covering workplace hazards, appropriate procedures, and the proper use of equipment and PPE.

Key Issues and Challenges

Despite the established standards, Ghana faces several challenges in implementing OHS regulations. These include limited enforcement due to understaffing of inspectorates, difficulties in regulating and enforcing OHS standards in the informal sector, lack of awareness among employers and employees about OHS principles and their legal responsibilities, and resource constraints that hinder the implementation of comprehensive OHS systems, especially in smaller enterprises.

Ongoing Efforts for Improvement

To address these challenges, the government of Ghana has developed a draft for a comprehensive National Occupational Safety and Health Policy. Advocacy campaigns and initiatives are also underway to raise awareness of OHS issues in the country. Additionally, the ILO, along with other development partners, is supporting Ghana in strengthening OHS systems to meet international standards.

Workplace inspections play a crucial role in maintaining a safe and healthy working environment in Ghana. They proactively identify and rectify hazards, thus contributing to the prevention of workplace injuries and illnesses. The Department of Factories Inspectorate (DFI) and the Labour Department are the key regulatory bodies responsible for enforcing workplace safety and health laws.

Inspection Criteria

Workplace inspections in Ghana cover a wide range of areas. These include physical hazards such as noise, vibration, lighting, temperature, radiation, machine guarding, electrical safety, slips, trips, and falls, and fire safety. Chemical hazards are also inspected, including exposure to hazardous substances, safe handling and storage, labeling, and availability of Material Safety Data Sheets (MSDS). Biological hazards, ergonomic hazards, psychosocial hazards, emergency preparedness, and sanitation and welfare are also part of the inspection criteria.

Frequency of Inspections

The frequency of workplace inspections depends on the nature of the industry and the associated risk levels. The DFI has the authority to determine inspection schedules. High-risk workplaces may require more frequent inspections, potentially multiple times per year. Medium-risk workplaces are generally inspected at least annually, while low-risk workplaces may be inspected less frequently.

Workplace Inspection Procedures

The inspection process typically begins with a notice of inspection, followed by an opening meeting where the inspector meets with the employer or representative to discuss the scope of the inspection and any prior OHS issues. The inspector then conducts a systematic examination of the workplace, identifies hazards, consults with workers, and may take photographs or measurements. The inspector records observations, potential violations, and recommendations for corrective actions. A closing meeting is held to summarize findings and discuss corrective actions with the employer and/or the workplace safety and health committee. A written report is then issued outlining the findings and corrective actions required, including deadlines.

Follow-up Actions

Employers have the primary duty to address hazards within the specified time frame. They must inform the DFI when corrective actions are completed. The DFI may conduct re-inspections to verify compliance. Failure to comply can result in fines, prosecution, or even the closure of the workplace.

Employers are legally obligated to notify the nearest office of the Department of Factories Inspectorate (DFI) or the Workers Compensation Department of any workplace accidents resulting in death, serious bodily injury, or the worker being unable to perform regular work for more than three days. The reporting timeline for death is within 24 hours and for serious bodily injury, the report should be made as soon as is practicable. Reports can be made in person, through written submission, or a telephone call.

Investigation Processes

Employers must conduct a thorough investigation into the cause of the workplace accident, taking steps to prevent future recurrences. The DFI has the authority to conduct independent investigations into serious workplace accidents, especially those involving death or serious injuries. Investigations typically focus on the immediate circumstances of the accident, underlying causes and contributing factors, compliance with safety laws and regulations, and identification of corrective actions to prevent future accidents.

Compensation Claims

Workers injured in workplace accidents or their dependents (in the case of a fatality) are entitled to compensation under the Workmen's Compensation Act of 1987. The types of compensation include medical expenses, temporary total disability benefits, permanent partial disability benefits, permanent total disability benefits, and death benefits/survivor benefits.

The claim process involves the injured worker or their representative submitting a notice of injury to the employer. The employer then verifies the claim and is required to pay compensation directly to the claimant. Disputes over compensation may be referred to the Workers Compensation Department for mediation and resolution.

It's important to note that the provided protocols offer a general overview. Specific regulations and requirements may vary by industry.