In Laos, the primary laws governing health and safety include The Constitution of the Lao PDR (Amended 2015), Law on Labor (No.43/NA, dated 2013), Law on Hygiene, Disease Prevention and Health Promotion (No.08/NA, dated 2011), and Decree on the Labor Safety and Health (No.22/GO, dated 2019). These laws highlight the right to safety and protection from health hazards, provide the main framework for health and safety, focus on public health, hygiene standards, disease control, and health protection, and expand on health and safety requirements.

Key Areas of Health & Safety Regulations

Laotian health and safety regulations focus on several key areas:

Employer Responsibilities

Employers are required to implement health and safety management systems, provide worker training on safe working practices, supply and maintain personal protective equipment (PPE), conduct hazard and risk assessments, and report and investigate health-related issues.

Worker Rights and Responsibilities

Workers have the right to know about workplace hazards and how to protect themselves, refuse unsafe work, and have duties to follow safety rules and cooperate with employers.

Workplace Conditions

Workplace conditions must meet hygiene standards, provide adequate ventilation, lighting, and sanitary amenities. Safety standards, safeguards, and regular inspections of machinery are required. The labeling, storage, handling of hazardous substances, and Safety Data Sheets (SDS) are also regulated.

Public Health

Measures to prevent infectious diseases, promotion of personal hygiene and sanitation practices, and regulations governing food production, handling, and safety are also part of the health and safety regulations.

Enforcement and Compliance

The Ministry of Labor and Social Welfare (MoLSW) is the main government body responsible for health and safety regulation and enforcement. Labor Inspectors carry out inspections, issue improvement notices, and can enforce penalties.

Limitations and Challenges

There are limitations and challenges in the enforcement of health and safety regulations due to limited resources and technical expertise, low awareness of health and safety regulations amongst some employers and workers, and challenges in sectors with informal labor arrangements.

Occupational safety and health (OSH) is a crucial aspect of any workplace. It involves the identification, evaluation, and control of hazards that may result in injury, illness, or affect the well-being of workers. In Laos, the primary legislation governing OSH is the Labor Law (No. 43/NA, 2013). This law outlines the basic rights and responsibilities of employers and workers regarding workplace safety and health.

Key Institutions

The Ministry of Labour and Social Welfare (MoLSW) is responsible for OSH policy development, regulation, and enforcement. The National Social Security Fund (NSSF) provides compensation for work-related injuries and illnesses.

Occupational Safety and Health Standards

Laos OSH standards cover a range of areas. These include hazard identification and risk assessment, where employers are required to identify potential hazards in the workplace and assess the risks they pose to workers. Control measures are also implemented to eliminate or minimize risks. These measures range from elimination and substitution to engineering and administrative controls, and the use of personal protective equipment (PPE) as a last resort.

Workplace facilities and amenities are also regulated. Employers are required to provide clean drinking water, toilets, washing facilities, adequate lighting and ventilation, fire safety measures, and first-aid facilities. Specific regulations also address particular hazards in industries such as construction, mining, and agriculture.

Employee Rights and Responsibilities

Workers have the right to know about hazards in their workplace and how to protect themselves. They also have the right to refuse dangerous work without penalty and to be involved in OSH decision-making through safety committees or worker representatives. However, workers also have the responsibility to comply with safety rules and procedures, use PPE, and report hazards.

Challenges and Improvements

Despite these regulations, Laos faces challenges in fully implementing OSH standards. These include limited resources for enforcement, lack of awareness among employers and workers, and an informal sector with limited OSH coverage. However, efforts are being made to improve OSH, with organizations like the International Labour Organization working with the Lao government on projects focusing on capacity building, awareness raising, and promoting OSH in specific sectors.

Workplace inspections are a crucial part of maintaining occupational safety standards. In Laos, these inspections are conducted by the Labour Inspection Department of the Ministry of Labour and Social Welfare.

Legal Basis

The Labor Law (No. 43/NA, 2013) empowers labor inspectors to enter workplaces, conduct inspections, and enforce OSH regulations. The Decree on Safety and Health at Work (No: 290/GOV, 2009) provides further details on inspection procedures and requirements.

Inspection Criteria

Workplace inspections in Laos cover various aspects of OSH. Inspectors check if workplaces adhere to specific regulations outlined in the Labor Law and relevant decrees. They assess the implementation of hazard identification, risk assessment, and control measures. Inspectors also review records of workplace accidents, injuries, illnesses, and inspections. Additionally, they evaluate if workers are informed about hazards and have received appropriate training.

Inspection Frequency

The frequency of inspections in Laos depends on various factors such as the risk level of the workplace, its compliance history, and any specific complaints or concerns raised by workers or unions.

Inspection Procedures

The inspection process involves planning and preparation, an opening interview with the employer, a walk-through inspection of the workplace, a review of OSH documentation, a closing interview, and the preparation of a formal inspection report.

Follow-up Actions

If violations are found, inspectors may issue improvement orders with deadlines for corrective actions. In cases of serious or repeated violations, the labor inspector may recommend fines or other penalties. Follow-up inspections may be conducted to verify compliance with improvement orders. Inspectors might also provide advice and support to employers to assist in achieving compliance.

Workplace accidents in Laos are addressed through established protocols that ensure prompt reporting, appropriate investigations, and fair compensation for affected workers.

Reporting Requirements

In Laos, employers are mandated by the Labor Law (No. 43/NA, 2013) to report workplace accidents and occupational diseases to the Ministry of Labour and Social Welfare (MoLSW) within a specified timeframe. The Decree on Safety and Health at Work (No: 290/GOV, 2009) provides detailed guidelines on accident reporting procedures. For minor accidents, employers must keep records and report to MoLSW periodically. In the case of serious accidents and fatalities, employers must immediately notify MoLSW and preserve the accident scene for investigation.

Investigation Processes

The Labour Inspection Department is responsible for investigating reported accidents. The investigation involves interviews with witnesses, examining the accident scene, and reviewing relevant documentation. The goal of the investigation is to identify the root causes of the accident and recommend preventive measures to prevent similar occurrences.

Compensation Claims

Workers injured in workplace accidents or those who develop occupational diseases are entitled to compensation through the National Social Security Fund (NSSF). The types of compensation include medical expenses, disability benefits, and survivor benefits in case of fatalities. The claim process involves workers or their families filing a claim with the NSSF, which then assesses the claim and determines the level of compensation.

Additional Considerations

Employers are required to facilitate the investigation process and cooperate with the Labour Inspection Department. They must also maintain accurate records of all workplace accidents and injuries, as these records are crucial for claim assessments and future improvements.