Iraq

Iraq's health and safety laws are primarily outlined in The Labor Law No. 37 of 2015, with Chapter 13 dedicated to health and safety standards for workplaces.

Key Provisions of Iraqi Health and Safety Laws

Employers in Iraq are responsible for ensuring a safe and healthy workplace environment, implementing measures for accident prevention and disease control, providing personal protective equipment, and training workers on potential hazards and safety procedures. They are also required to develop and enforce safety plans, inspect work equipment and machinery regularly, establish procedures for reporting and investigating accidents, and provide immediate first aid and medical support.

Iraqi workers have the right to a workplace free of recognized hazards, to request and utilize necessary personal protective equipment, and to participate in health and safety matters at work. They also have the right to refuse unsafe work without facing dismissal and to seek workers' compensation for workplace injuries or illnesses. Workers are responsible for adhering to safety protocols and instructions, operating machinery and equipment safely, and reporting any workplace hazards or unsafe conditions.

Specific Regulations and Standards

Additional regulations and standards supplement Iraq's core health and safety legislation. These include Occupational Health and Safety Instructions No. 3/1985 Concerning Occupational Safety, which details provisions for implementing workplace safety protocols, and Public Health Law No. 89 of 1981 (amended by Resolution No.54 of 2001), which addresses public health issues.

Enforcement and Oversight

The Ministry of Labor and Social Affairs (MOLSA) is the primary body for enforcing health and safety regulations in Iraq. MOLSA carries out workplace inspections and enforces legal provisions.

Challenges and Areas for Improvement

Despite the existence of health and safety legislation, Iraq faces challenges in implementation and enforcement. These include limited resources and capacity within enforcement agencies, insufficient awareness of safety regulations among employers and workers, varying levels of workplace safety across industries, and the impact of political and economic instability on health and safety infrastructure.

Commitment to Improvement

Iraq's government, workers' organizations, and international bodies such as the International Labour Organization are working together to improve health and safety conditions. Efforts focus on ratifying additional conventions, strengthening enforcement mechanisms, expanding education and awareness campaigns, and promoting a culture of safety in all industries.

Occupational health and safety (OSH) standards in Iraq cover a wide range of workplace hazards and emphasize preventive and protective measures. These standards address various areas, including general workplace safety, chemical hazards, biological hazards, physical hazards, and psychosocial hazards.

General Workplace Safety

Employers are required to provide a safe work environment free from recognized hazards, as stipulated by Labor Law No. 37 of 2015. This includes ensuring adequate ventilation, lighting, sanitation, and temperature control. Employers are also obligated to develop emergency plans, practice evacuation procedures, and provide first-aid facilities. Machinery and equipment must have safeguards and be regularly inspected for safe operation. Workers have a right to be informed about potential hazards through training, labeling, and safety data sheets (SDS).

Chemical Hazards

Iraq likely sets guidelines for permissible exposure limits to various chemicals. Employers must prioritize engineering controls (substitution, ventilation) and administrative controls (work practices) to minimize chemical exposure. Personal protective equipment (PPE) is considered a last resort. Air quality monitoring may be required for specific high-hazard chemicals.

Biological Hazards

Hospitals and clinics likely have protocols for bloodborne pathogens, infection control, and handling medical waste. Specific guidelines might exist for industries involving exposure to animal products, sewage, or other infectious materials.

Physical Hazards

The Ministry of Labor and Social Affairs likely sets exposure limits and mandates hearing protection and noise monitoring in loud workplaces. Regulations may exist for industries involving X-rays, radioisotopes, or other radiation sources. There may also be recommendations to prevent musculoskeletal injuries from manual handling, repetitive tasks, and awkward postures.

Psychosocial Hazards

While not explicitly addressed in Iraqi labor law, employers have a general duty to create a safe and healthy environment which includes psychological well-being. Long hours and job insecurity can be significant issues in Iraq; formal OSH standards for stress management are likely developing.

Occupational Health and Safety Practices

The practical implementation of these standards in Iraqi workplaces involves risk assessment, safety committees, worker training, medical surveillance, and record-keeping. The Labor Law mandates employers to systematically identify and assess hazards within the workplace. Larger workplaces may be required to establish joint worker-management safety committees to monitor and recommend improvements. Safety training is crucial for hazard awareness, safe work procedures, and emergency response, particularly in high-risk industries. Some industries might require periodic health screenings for workers exposed to specific hazards. Businesses are obligated to maintain records of workplace injuries, illnesses, and incidents for analysis and prevention.

Workplace inspections play a crucial role in maintaining a safe and healthy work environment. They are a critical tool used to verify compliance, identify hazards, educate and promote awareness, and gather data. The Ministry of Labor and Social Affairs (MOLSA), through its labor inspectorates, is the primary enforcer of these inspections in Iraq.

Workplace Inspection Procedures

Workplace inspections typically follow a systematic procedure:

1. Planning: Labor inspectors conduct scheduled inspections based on industry risk profiles, past violations, or respond to worker complaints.
2. Opening Conference: Inspectors present their credentials and explain the purpose and scope of the visit to the employer representative.
3. Walk-Through Inspection: Inspectors systematically tour the workplace, observing work processes, equipment, hazard controls, and worker behavior. This can include interviews with workers and managers, review of safety documentation and records, and testing or sampling of hazardous substances.
4. Closing Conference: The inspector provides a summary of findings, highlighting potential violations or areas for improvement.
5. Report and Corrective Actions: The inspector prepares a formal report outlining violations and sets deadlines for corrective measures by the employer.

Inspection Criteria

Inspectors utilize a comprehensive checklist based on regulations. Common focus areas include housekeeping and general workplace safety, machine guarding and equipment safety, chemical handling and storage, electrical safety, fall protection and work at heights, emergency preparedness and first aid availability, ergonomic hazards, provision and use of personal protective equipment, and worker awareness about hazards and safe procedures.

Inspection Frequency

The frequency of inspections is not fixed for all workplaces. Factors influencing inspection schedules include industry risk, business size, past compliance, and worker complaints.

Follow-Up Actions

Depending on the severity of violations found, the following may occur:

• Issuance of Improvement Notices: For minor or first-time violations, inspectors often provide a timeframe for corrective actions.
• Fines and Penalties: Significant or repeated violations can result in legal penalties.
• Work Stoppages: In cases of imminent danger, inspectors may order a temporary work stoppage until the hazard is rectified.
• Prosecution: In rare cases of willful negligence, employers may face criminal charges.

Workplace accidents are a serious matter that require immediate attention and proper handling. According to Labor Law No. 37 of 2015, employers have certain responsibilities when these unfortunate incidents occur.

Responsibilities of Employers

Employers are required to immediately notify the Ministry of Labor and Social Affairs (MOLSA) and relevant authorities about serious accidents or fatalities. They must also maintain a detailed log of all workplace accidents and occupational illnesses, even minor ones. Specific timeframes for reporting accidents are likely detailed in regulations issued by MOLSA.

Accident Investigation Process

While a standardized investigation process might not be strictly codified, the general approach to investigations includes securing the scene to prevent further harm and provide medical treatment for injured workers. Investigators collect and document physical evidence such as photos, equipment condition, and witness statements. The investigation aims to uncover the direct cause of the accident and underlying contributing factors such as lack of training or safety equipment malfunctions. Information is gathered through interviews with involved workers, witnesses, and safety personnel. The investigation concludes with a formal report outlining the root causes and proposing corrective or preventive measures to avoid recurrence.

Compensation Claims

Iraq has a social security system that provides for compensation in case of workplace injuries and occupational diseases. Workers covered by the social security system are, in principle, eligible for compensation. This may include medical expenses, temporary disability benefits, permanent disability benefits, or survivor benefits in case of fatalities. Injured workers or their representatives likely file claims through the social security system with supporting documentation. Mechanisms likely exist for resolving disputes over compensation claims.