Iran

Iran's health and safety framework is divided into two main areas: occupational safety and general health. The legislation is managed by two primary bodies: The Ministry of Health and Medical Education, which is responsible for occupational health services and establishing health regulations, and The Ministry of Labour and Social Affairs, which handles the enactment and enforcement of occupational safety legal aspects.

Occupational Safety and Health (OSH)

Iran's OSH system is primarily governed by the Labour Law (Labour Code). This law mandates that employers must provide a safe and healthy work environment, including necessary equipment and resources. This includes implementing safety protocols, conducting regular health checks for employees exposed to occupational hazards, and monitoring environmental conditions in workplaces. Workers have the right to a safe workplace and can raise concerns about safety hazards.

However, an important aspect to consider is the threshold for mandatory OSH compliance. The Labour Law's requirements only apply to workplaces with at least 25 workers. This raises concerns about the safety of employees in smaller enterprises, where OSH regulations might not be strictly enforced.

International OSH Standards

Iran has recently shown commitment to improving its OSH framework by ratifying International Labour Organization (ILO) Convention 155 and its Protocol in 2018. This signifies Iran's recognition of a safe and healthy work environment as a fundamental right and highlights its intent to align its domestic legislation with international best practices.

General Health Laws

While Iran has a structured OSH system, information regarding overarching health and safety laws beyond occupational settings is limited. Further research into specific regulations related to product safety, food safety, and environmental protection would be necessary for a comprehensive understanding of the country's general health and safety landscape.

Iran's occupational health and safety (OSH) framework is designed to ensure worker well-being in the workplace. The system is overseen by two key government bodies: the Ministry of Health and Medical Education (MOHME), which is responsible for occupational health services and establishing health regulations, and the Ministry of Labour and Social Affairs (MCLSA), which handles the enactment and enforcement of occupational safety legal aspects.

Employer Responsibilities

The Labour Law (Labour Code) in Iran mandates employers to prioritize worker safety. This includes providing a safe work environment, implementing safety protocols, conducting regular health examinations for employees exposed to occupational hazards, and monitoring work conditions to ensure they meet established safety standards.

Worker Rights and Participation

The Labour Law also emphasizes worker rights within the OSH framework. Employees have the legal right to work in a safe and healthy environment, free from unreasonable risks. Workers are also empowered to voice concerns about potential safety hazards in the workplace without fear of retaliation. However, the Labour Law's requirements only apply to workplaces with at least 25 workers, which raises concerns regarding the occupational safety of employees in smaller enterprises.

Standardization and Best Practices

Iran's OSH system is undergoing positive developments. In 2018, the country ratified International Labour Organization (ILO) Convention 155 and its Protocol, signifying Iran's commitment to recognizing a safe and healthy work environment as a fundamental right for workers. This also highlights the country's intent to align its domestic legislation with internationally recognized best practices in OSH.

Larger workplaces in Iran are required to establish a "Council of Technical Protection and Work Health". This council plays a crucial role in overseeing safety protocols, training staff, and ensuring the availability of resources for worker safety and health. However, enforcing these standards and practices consistently across all industries remains a challenge.

Workplace inspections are an essential part of ensuring worker safety in Iran. These inspections are designed to assess a workplace's compliance with safety regulations and identify potential hazards that could pose a risk to workers.

Entities Responsible for Inspections

Workplace inspections in Iran are primarily conducted by two entities:

• The Ministry of Labour and Social Affairs (MCLSA): MCLSA inspectors are tasked with assessing compliance with the Labour Law, with a particular focus on occupational safety aspects.
• The Ministry of Health and Medical Education (MOHME): MOHME inspectors focus on occupational health hazards and assess a workplace's compliance with health regulations.

The frequency and prioritization of inspections can vary depending on the specific industry and the perceived risk level associated with the work activities.

Inspection Criteria

The criteria for workplace inspections in Iran are outlined in the Labour Law and MOHME regulations and include:

• Safety Protocols: Inspectors assess the adequacy and implementation of safety protocols specific to the workplace and associated hazards.
• Work Environment: The physical work environment is evaluated to ensure it meets established safety standards, including factors like ventilation, lighting, and noise levels.
• Availability of Safety Equipment: Inspectors check that employers provide the necessary personal protective equipment (PPE) for workers engaged in high-risk activities.
• Health and Hygiene Practices: MOHME inspectors evaluate hygiene practices within the workplace and ensure the availability of proper sanitation facilities.
• Employee Health Checks: Compliance with mandatory health checks for employees exposed to occupational hazards is verified.

Frequency and Targeting of Inspections

While there isn't a standardized inspection frequency, the system prioritizes inspections based on risk levels:

• High-Risk Workplaces: Industries with a higher incidence of occupational hazards are likely to receive more frequent inspections.
• Complaint-Driven Inspections: The MCLSA and MOHME may also conduct inspections in response to worker complaints regarding safety hazards in their workplaces.

However, there's a potential gap in coverage for low-risk workplaces with less than 25 employees, as the Labour Law's requirements only mandatorily apply to larger establishments.

Follow-Up Actions

After an inspection, the outcome can fall into several categories:

• Compliance: If a workplace meets all the inspection criteria, a compliance certificate is issued.
• Identification of Violations: If violations are identified, inspectors issue a report outlining the non-compliant areas and stipulate a timeframe for corrective actions.
• Re-inspections: The MCLSA or MOHME may conduct follow-up inspections to verify that employers have addressed the identified violations within the designated timeframe.
• Fines and Penalties: Failure to address violations within the stipulated timeframe can result in fines or even closure of the workplace in severe cases.

The effectiveness of these follow-up actions and enforcement mechanisms depends on the resources and capacity of the MCLSA and MOHME.

Workplace accidents are an unfortunate reality. In Iran, protocols have been established to ensure proper reporting, investigation, and, when applicable, compensation for these accidents.

Reporting Requirements

Under the Labour Law, all workplace accidents must be reported. The reporting hierarchy is as follows:

• Employer Responsibilities: Employers are legally obligated to report any workplace accident to the nearest Social Security Organization (SSO) branch within 48 hours. This report should detail the accident, including the cause, severity of injuries, and any witnesses.
• SSO Involvement: The SSO plays a crucial role in collecting and registering workplace accident reports. This information is vital for monitoring workplace safety trends and identifying industries with higher accident risks.

Investigation Procedures

After the initial report, an investigation process is initiated to determine the cause of the accident:

• SSO Investigation: The SSO typically dispatches inspectors to the accident site to conduct a preliminary investigation. This may involve interviewing witnesses, collecting evidence, and evaluating workplace safety protocols.
• Determining Fault: The investigation aims to identify any potential negligence or non-compliance with safety regulations by the employer that may have contributed to the accident.

Depending on the severity of the accident, additional investigations might be conducted by other entities, such as the Ministry of Labour and Social Affairs or law enforcement.

Compensation Claims

If the investigation reveals employer negligence or non-compliance with safety regulations that contributed to the accident, workers or their families may be eligible for compensation. Here's an overview of the compensation process:

• SSO Involvement: The SSO plays a central role in facilitating compensation claims for workplace accidents. Workers or their families can file claims with the SSO branch where the accident was initially reported.
• Compensation Determination: The amount of compensation awarded depends on factors like the severity of the injury, worker's disability level (if applicable), and the worker's average salary before the accident. The Labour Law outlines a compensation formula that considers these factors.
• Legal Action: If workers are unsatisfied with the compensation offered by the SSO, they have the right to pursue legal action against their employers through the court system.

Workers are advised to consult with a lawyer specializing in labour law to navigate the compensation process and ensure they receive fair compensation for their injuries.

Challenges and Considerations

Despite Iran's workplace accident protocols providing a framework for reporting, investigation, and compensation, certain challenges persist:

• Enforcement Mechanisms: The effectiveness of enforcing reporting requirements and ensuring employers comply with investigations remains a concern.
• Underreporting of Accidents: There's a possibility that workplace accidents, particularly in smaller enterprises, go unreported due to fear of job loss or lack of awareness about reporting procedures.