Malawi's health and safety laws are primarily governed by the Occupational Safety, Health, and Welfare Act, 1997 (No. 21 of 1997). This act establishes broad duties for employers, employees, and others involved in maintaining workplace safety and health. Other relevant laws include the Employment Act (Act 6 of 2000), which outlines minimum workplace standards, including aspects related to health and safety, the Workers' Compensation Act, 2000 (No. 7 of 2000), which provides compensation mechanisms for employees injured or who contract illnesses in the workplace, and the Penal Code (Chapter 7:01), which addresses criminal offenses related to workplace safety violations.

Employer Responsibilities

Under the Occupational Safety, Health, and Welfare Act, 1997, employers have extensive duties to ensure workplace health and safety. These include a general duty of care to safeguard the safety, health, and welfare of all employees at work, the provision of safe systems of work, safe workplace and equipment, information, instruction, and training, personal protective equipment (PPE), welfare facilities, and emergency procedures & first aid.

Employee Responsibilities

Employees also have responsibilities in maintaining a safe and healthy workplace. These include cooperating with employers in fulfilling OHS requirements, taking care of themselves and others, and correctly using safety equipment and devices provided.

Additional Aspects

In larger workplaces, the Act mandates the formation of safety committees comprising both employer and employee representatives. Government labor inspectors have the authority to conduct workplace inspections, issue improvement notices, and take legal action for violations. Certain types of businesses must be registered with the designated OSH authorities.

Evolving Landscape

Malawi's health and safety legislation is periodically reviewed and updated. Staying informed about any changes is essential to maintain compliance.

Occupational health and safety (OHS) standards in Malawi are often aligned with international guidelines, particularly those developed by the International Labour Organization (ILO). These standards cover a wide range of areas, from hazard identification and control to occupational health surveillance and safety culture and management.

Hazard Identification and Control

Risk assessments are a key part of hazard identification and control. Employers are expected to conduct regular workplace risk assessments to identify and mitigate potential hazards. The handling, storage, labeling, and disposal of hazardous chemicals or substances are also regulated, with specific regulations addressing chemicals.

Safety standards for machinery and equipment are implemented to prevent work-related accidents. These include standards for machine guarding, lockout/tagout procedures, and electrical safety. While there are no specific regulations for ergonomics, employers are encouraged to practice ergonomic principles to minimize musculoskeletal disorders (MSDs) related to awkward postures and repetitive strain.

Occupational Health Surveillance

Certain industries may require pre-employment and periodic medical examinations for workers. This is particularly important for jobs involving exposure to hazardous substances or noise. Employers in these sectors are expected to monitor exposure levels and maintain records of workplace injuries, illnesses, and incidents. This assists in identifying trends and implementing corrective measures.

Safety Culture and Management

The development and documentation of a comprehensive OHS policy, along with relevant workplace procedures, are foundational to good safety management. Involving employees through safety committees or other consultation mechanisms promotes ownership and a proactive safety culture. Providing initial and ongoing safety training for all workers is crucial for raising awareness and developing safe work practices.

Specific Industry Standards

Malawi recognizes the need for tailored OHS standards to address sector-specific hazards. For example, the construction industry faces high risks of falls, struck-by injuries, and exposure to silica dust. Safety practices like fall protection, scaffolding standards, and dust control are vital. Mining operations must comply with the Malawi Mines Act and its associated regulations. Measures like mine ventilation, emergency preparedness, and handling of explosives fall under strict regulations. In the agriculture sector, pesticide safety, heat stress prevention, and machinery safety are crucial.

Challenges and Areas for Improvement

There are several challenges and areas for improvement in Malawi's OHS standards and practices. The OHS Directorate within the Ministry of Labor faces a shortage of inspectors, making comprehensive oversight and enforcement difficult. A large portion of Malawi's workforce is in the informal economy, where OHS regulations are often poorly implemented. Limited awareness of OHS laws and a lack of financial resources for safety investments pose challenges for many businesses, particularly small and medium-sized enterprises.

Workplace inspections are a crucial part of ensuring a safe and healthy work environment. They serve multiple purposes such as verifying compliance with safety standards, identifying potential hazards, and educating both employers and employees about their obligations.

Labor Inspectorate

The Ministry of Labor's OHS Directorate houses labor inspectors who are authorized to conduct workplace inspections. These inspectors have broad powers, including unannounced entry to workplaces, examination of facilities, machinery, substances, and processes, document and sample collection for testing, interviewing employers and employees, issuing improvement notices, and initiating legal proceedings for serious violations.

Inspection Criteria

Workplace inspections usually include an assessment of the physical workplace, work processes, machinery and equipment, hazardous substances, OHS management systems, and worker welfare.

Inspection Frequency

Inspections are conducted based on a risk-based approach, with high-risk industries or workplaces known to have poor safety records targeted for more frequent inspections. Complaints from workers or incidents can also trigger inspections.

Follow-Up Actions

Depending on the findings of the inspection, several outcomes are possible. If the workplace is in good compliance, the inspector provides a report for the employer's records. For minor violations, an improvement notice may be issued, granting time to rectify the issues. Inspectors will conduct follow-up visits to confirm compliance. Serious or repeat violations may lead to prohibition notices, administrative fines, or even prosecution in court.

Additional Notes

Workers or their representatives have the right to request an inspection if they have safety concerns and to accompany inspectors during a walk-through. Inspectors are mandated to uphold confidentiality in handling workplace information.

Workplace accidents are a serious concern that require timely reporting and thorough investigation. Certain incidents, such as fatal accidents, accidents causing serious injury, or dangerous occurrences like equipment failure or near misses, must be reported as per the mandate. Employers are required to notify the relevant authorities in writing using prescribed forms.

Investigation of Workplace Accidents

Employers bear the primary responsibility for investigating the causes of workplace accidents to prevent future occurrences. Involving workers or safety committee representatives in the investigative process can provide valuable insights. Investigations typically focus on determining the root causes of the accident, the injuries sustained and their severity, and the corrective actions and preventive measures needed.

Compensation for Workplace Accidents

The framework for compensating employees injured or contracting occupational diseases in the workplace is provided by the Workers' Compensation Act. All workers, regardless of sector, are generally covered by workers' compensation. Compensation can include medical expenses, payments for temporary or permanent disability, and death benefits in case of fatal accidents. Injured workers or their dependents must file claims with the Workers' Compensation Commissioner, and employers are obligated to assist in this process.

Additional Aspects of Workplace Accidents

Malawi's workers' compensation is a no-fault system, meaning employees don't have to prove employer negligence to receive benefits. Mechanisms exist for resolving disputes related to workers' compensation claims. Emphasizing proactive hazard identification and implementing robust management systems are the best ways to minimize workplace accidents and their associated costs.