Mali

In Mali, the foundation of health and safety laws rests on key legislation and regulatory entities. The Labor Code (Law No. 92-020 of August 23, 1992) forms the primary legal framework for labor-related matters, including health and safety aspects at the workplace. The Social Security Code (Law No. 99-041 of August 12, 1999) covers work injury and occupational disease compensation. The Ministry of Labor and Civil Service is the principal ministry responsible for the formulation and implementation of health and safety policies and regulations. The National Institute of Social Welfare administers the social security system and oversees compensation schemes for work-related injuries and illnesses.

Employer Responsibilities

Employers in Mali bear crucial responsibilities in ensuring workplace health and safety. They must take necessary measures to protect the health, safety, and welfare of employees. Employers are mandated to identify potential hazards, assess associated risks, and implement control measures to prevent accidents and illnesses. They are required to educate workers on workplace hazards, safe work practices, and the use of personal protective equipment (PPE). Employers must facilitate the provision of first aid supplies and develop emergency response plans.

Employee Rights

Employees in Mali are entitled to information on workplace hazards and the measures implemented for their protection. They have the right to participate in health and safety decision-making through representation on safety committees. Workers may refuse to perform tasks posing a serious and imminent danger to their health or safety. Employees cannot be penalized for exercising their health and safety rights.

Health and Safety Focus Areas and Regulations

Mali's health and safety regulations focus on various workplace safety and health aspects. Regulations address issues such as machine guarding, electrical safety, fire prevention, and safe handling of hazardous substances. Specific regulations govern the construction sector, covering fall protection, scaffolding, excavation, and demolition work. The mining industry faces unique hazards and is subject to additional health and safety regulations. Regulations emphasize the provision of clean drinking water, adequate sanitary facilities, and measures to control exposure to dust and noise.

Challenges and Limitations

Mali faces several challenges in enforcing and ensuring compliance with health and safety laws. The Labor Inspectorate may lack sufficient personnel and funding for effective monitoring. A significant portion of Mali's workforce operates in the informal economy, often with less oversight for health and safety standards. There's a need for greater awareness of health and safety rights and responsibilities among both employers and workers.

Mali's occupational safety and health (OSH) standards are designed to protect the well-being of workers across various environments. These standards are derived from national legislation, International Labour Organization (ILO) conventions, and regional and sectoral regulations.

Key OSH Practices

In Mali, employers are expected to adhere to a number of standard OSH practices. These include the identification of workplace hazards and the assessment of risks, with the aim of implementing preventative measures. The use of a hierarchy of controls is encouraged to manage hazards. This hierarchy includes elimination, substitution, engineering controls, administrative controls, and the use of personal protective equipment (PPE) as a last resort.

Safety Measures

Safety measures in the workplace include machine safety, fire prevention and emergency response, electrical safety, and chemical safety. Equipment must have appropriate safeguards, and workplaces must have fire safety measures in place. Electrical installations are required to meet safety standards, and hazardous chemicals must be handled safely.

Health and Hygiene

Workplaces are required to provide clean drinking water, adequate toilets, and handwashing facilities. Proper ventilation is necessary to prevent the build-up of harmful dust, fumes, and vapors. Larger enterprises may be required to have occupational health services for monitoring worker health and providing medical surveillance.

Worker Participation and Representation

Companies of a certain size must establish joint safety and health committees with worker representation. These committees play a role in OSH decision-making. Workers must also receive training on hazards, safe work practices, and emergency procedures.

Recordkeeping and Reporting

Employers are required to report occupational accidents and diseases to the relevant authorities. They must also keep records of injuries, illnesses, safety training, and hazard assessments to aid in tracking and monitoring OSH trends.

Workplace inspections play a vital role in maintaining a safe and healthy work environment. They are primarily aimed at identifying potential hazards and risks, verifying compliance with occupational safety and health (OSH) regulations, promoting a safety culture, and investigating accidents and incidents.

The Labor Inspectorate

The Labor Inspectorate, a part of the Ministry of Labor and Civil Service, is authorized to conduct workplace inspections. The inspectors have a wide range of powers, including free access to workplaces, examination of records and documentation, interviewing workers and employers, and enforcing compliance measures.

Inspection Criteria

Workplace inspections cover all aspects of OSH. This includes general workplace conditions, chemical hazards, physical hazards, ergonomic risks, and compliance with specific regulations.

Inspection Frequency

The frequency of workplace inspections is not fixed and can be influenced by factors such as the size and risk profile of the workplace, complaints about unsafe conditions, and the limited resources of the Labor Inspectorate.

Follow-up Actions

After an inspection, the inspector generates a report outlining any findings and required remedial actions. They may issue improvement notices with deadlines for corrective action. Employers who fail to comply can be subject to fines or other penalties. In cases of imminent danger, inspectors can order a temporary cessation of work activities.

In Mali, the Labor Code requires the reporting of workplace accidents and occupational diseases to the relevant authorities. Employers are responsible for reporting work-related accidents or illnesses that result in an absence from work or the need for medical treatment. Serious accidents and fatalities must be reported immediately, while other reportable accidents should generally be reported within 48 hours. Reports are made to the local Labor Inspectorate (Inspection du Travail) and the National Institute of Social Welfare (INPS) for compensation purposes.

Accident Investigations

Investigations into workplace accidents aim to determine root causes and prevent recurrence. Employers are obligated to conduct an internal investigation into the circumstances of the accident, which includes gathering information, interviewing witnesses, and analyzing safety procedures. The Labor Inspectorate may conduct its own investigations, especially in the case of serious accidents or fatalities. Safety and health committees, where they exist, may participate in investigating accidents and recommending preventative measures.

Compensation for Work-Related Injuries and Illnesses

The social security system in Mali, administered by the INPS, provides compensation for workplace accidents and occupational diseases. All workers with formal employment contracts are covered under the social security scheme. Compensation may include medical expenses, temporary disability benefits, permanent disability benefits, and survivors' benefits in case of fatalities. Workers or their families must make claims to the INPS, providing documentation of the accident or occupational illness, as well as medical evidence.

Key Challenges and Considerations

Underreporting of accidents, especially minor ones, may obscure the true extent of workplace injuries in Mali. Workers in the informal economy lack social security coverage and typically have limited access to compensation. The Labor Inspectorate may face resource limitations in investigating all reported accidents.