Madagascar

In Madagascar, the Labor Code (Loi n° 2003-044 du 28 juillet 2004 portant Code du travail) is the main legal instrument that governs health and safety laws. This code provides a basic level of protection for workers in various sectors.

Key Health and Safety Responsibilities

Employer Obligations

Employers have several responsibilities under the Labor Code:

• Risk Assessment and Prevention: Regular assessment of workplace hazards and implementation of preventive controls.
• Safe Workplace: Maintenance of safe and healthy workspaces, provision of appropriate safety equipment, and ensuring proper use of machinery and tools.
• Health and Safety Training: Delivery of adequate safety and health training to all employees.
• First Aid and Emergency Measures: Arrangement for first aid supplies, training personnel, and having emergency procedures in place.
• Health and Safety Committee: Establishment of a health and safety committee in enterprises with more than 50 employees.
• Occupational Health Services: Establishment of occupational health services commensurate with the identified workplace risks.

Worker Rights and Responsibilities

Workers also have rights and responsibilities under the Labor Code:

• Right to Refuse Unsafe Work: Workers can refuse tasks they deem pose imminent and serious risk to their health and safety.
• Right to Information: Workers are entitled to information on workplace hazards, protective measures, and their health and safety rights.
• Cooperation: Employees must follow safety regulations and use protective equipment as directed.

Specific Health and Safety Regulations

Madagascar has additional regulations addressing specific hazards or sectors:

• HIV/AIDS: Regulations specifically related to minimizing the risk of HIV/AIDS transmission in the workplace.
• Construction and Specific Industries: Regulations focusing on the unique hazards of sectors like construction.
• Medical Examinations: Some jobs may necessitate periodic medical examinations for workers.

Enforcement and Compliance

• Labor Inspectorate: Labor inspectors are empowered to conduct workplace inspections, issue improvement notices, and initiate sanctions for non-compliance.
• Penalties: The Labor Code outlines administrative and criminal penalties for violating health and safety provisions.

Challenges and Limitations

• Limited Resources: The enforcement of health and safety regulations in Madagascar can be hindered by insufficient resources.
• Informal Economy: A prevalent informal economy makes it difficult to consistently apply health and safety regulations equally within all sectors.

Continuous Improvement

The International Labour Organization (ILO) supports Madagascar through initiatives focused on strengthening its health and safety legal framework and enforcement systems. Efforts to improve compliance within businesses and greater collaboration across institutions are crucial to enhancing health and safety for workers in Madagascar.

Occupational health and safety (OHS) is a crucial aspect of any workplace, and in Madagascar, it is governed by a set of laws and regulations. The primary legislation is the Malagasy Labor Code, which outlines the fundamental OHS principles and employer responsibilities. These include the employer's duty to ensure the safety and health of workers, the rights of workers to information, training, and protective measures, and the establishment of occupational health services within enterprises.

The Ministry of Labor issues Occupational Safety and Health Orders, which provide detailed technical specifications and standards in areas such as workplace hazards, personal protective equipment, machinery safety, fire prevention, and first aid.

Governing Institutions

The Ministry of Public Service, Labor, and Social Laws is responsible for policy development, OHS legislation, and overall supervision of the system. The National Institute of Social Welfare plays a key role in the prevention of occupational accidents and diseases.

Key OHS Challenges in Madagascar

Madagascar faces substantial challenges in achieving adequate workplace safety and health. The vast informal sector often operates outside the scope of OHS regulations, leaving workers highly vulnerable. The Labor Inspectorate and other agencies suffer from resource constraints, hindering their ability to conduct effective monitoring and enforcement. Both employers and workers may have a limited understanding of OHS risks and their respective responsibilities.

Specific Health and Safety Standards

Chemical Safety

Employers must ensure proper labeling of hazardous chemicals and the availability of Safety Data Sheets for worker reference. Workplaces must implement measures to minimize worker exposure to hazardous chemicals, such as ventilation and personal protective equipment. Workers handling chemicals need training on risks, safe handling procedures, and emergency response.

Ergonomics

Employers must address risks associated with lifting, carrying, and repetitive movements, and must provide training on safe techniques. Workstations and equipment should be designed to minimize awkward postures and prevent musculoskeletal disorders.

Machine Safety

Moving parts of machinery must be guarded to prevent contact with workers. Machines must be equipped with easily accessible emergency stop controls. Procedures must be in place for isolating energy sources during maintenance and repair.

Improving Occupational Health and Safety in Madagascar

Progress in OHS requires a concerted effort from various stakeholders. Recommendations include updating and expanding OHS laws to align with international best practices, increasing the resources and technical capacity of the Labor Inspectorate and other OHS institutions, targeted campaigns to educate both employers and workers on their OHS rights and responsibilities, and encouraging collaboration between the government, employers' organizations, and workers' unions to improve OHS outcomes.

Workplace inspections play a vital role in Madagascar, conducted by the Labour Inspectorate under the Ministry of Public Service, Labour, and Social Laws. These inspections are designed to assess compliance with regulations.

Inspection Criteria

Labour inspectors in Madagascar focus on a wide range of criteria during their inspections. These include:

• General Workplace Conditions: Cleanliness, lighting, ventilation, sanitation facilities, and emergency exits.
• Machinery and Equipment Safety: Guarding, maintenance, lockout/tagout procedures.
• Hazardous Substances: Labeling, storage, handling, use of personal protective equipment (PPE).
• Ergonomics: Workstation design, manual handling practices, risk of musculoskeletal disorders.
• Fire Safety: Fire prevention measures, emergency preparedness, and firefighting equipment.
• First Aid: Availability of first aid kits and trained personnel.
• Management Systems: Recordkeeping, safety and health committees, worker training programs.

Inspection Frequency

The frequency of workplace inspections in Madagascar can vary depending on factors such as:

• Industry Sector: High-risk industries like mining and construction are subject to more frequent inspections.
• Size of Enterprise: Larger enterprises may be inspected more often.
• Complaint-Driven Inspections: The Labour Inspectorate may conduct inspections in response to worker complaints or reports of accidents.

Inspection Procedures

• Notice: Advance notice of workplace inspections may or may not be given, depending on the circumstances.
• Opening Meeting: The inspector holds a meeting with the employer or representative to explain the inspection purpose and scope.
• Walk-Through Inspection: The inspector conducts a physical examination of the workplace, observing work processes, equipment, and potential hazards.
• Interviews: The inspector may interview workers and supervisors to gather information about practices.
• Record Review: Inspectors examine documentation, including accident reports, training records, and maintenance logs.
• Closing Meeting: The inspector summarizes the findings and discusses any observed violations with the employer.

Follow-up Actions

• Issuance of Improvement Notices: If violations are found, the inspector may issue an improvement notice, specifying corrective actions and a deadline for compliance.
• Penalties and Sanctions: For serious or repeated violations, the Labour Inspectorate can impose fines or even order the temporary closure of a workplace.
• Technical Support: Inspectors may provide guidance and advice to employers on how to improve conditions.

In Madagascar, there are defined protocols for handling workplace accidents. These protocols ensure prompt reporting, thorough investigations, and access to compensation for injured workers.

Reporting Requirements

Employers are legally responsible for reporting workplace accidents to several entities. Accidents resulting in injuries or fatalities must be reported to the National Institute of Social Welfare (INPS) within a prescribed timeframe, often 48 hours for severe accidents. The Labour Inspectorate may also need to be notified, especially in cases of serious accidents. Additionally, the injured worker's family and attending physician should be informed promptly.

Investigation Processes

Employers have the initial duty to investigate workplace accidents, determine causes, and implement corrective measures to prevent recurrence. For accidents covered by work injury insurance, the INPS will conduct a more extensive investigation. This may involve workplace visits and inspections, interviews with witnesses, the injured worker, and relevant personnel, and a review of documentation such as safety records and maintenance logs.

Compensation Claims

Madagascar has a compulsory work injury insurance system administered by the INPS. Injured workers are entitled to coverage for medical expenses related to the workplace injury, compensation for wages lost during periods of temporary disability, payments in cases of long-term or permanent disability, and compensation for dependents in the event of a worker's death due to a work-related accident.

Injured workers or their dependents must file claims with the INPS to receive compensation. The INPS determines eligibility and the amount of benefits. The Malagasy Labour Code establishes the framework for workplace accident reporting, investigations, and compensation. Regulations and decrees on work injury insurance outline specific procedures for claiming compensation and the types of benefits available.