Namibia

In Namibia, the Labour Act, 2007 (Act No. 11 of 2007) serves as the primary legal framework for health and safety. Chapter 4 of this Act outlines the main principles and regulations. The Regulations Relating to the Health and Safety of Employees at Work, which were initially issued under the Labour Act of 1992 (Act No. 6 of 1992), provide additional guidelines.

Key Principles of Namibian Health and Safety Laws

Employers are primarily responsible for ensuring a safe and healthy workplace as far as reasonably possible, as per the Labour Act 2007, Chapter 4. This responsibility includes identifying and mitigating workplace hazards, providing appropriate safety equipment and training, establishing health and safety policies, appointing qualified safety personnel, and reporting accidents, incidents, and occupational diseases.

Employees, on the other hand, are required to cooperate with employers in adhering to health and safety regulations and to take reasonable care of their own safety and that of others. The law also mandates the election of health and safety representatives and the establishment of joint health and safety committees in workplaces with a certain number of employees.

Specific Health and Safety Regulations

The Regulations Relating to the Health and Safety of Employees at Work provide detailed guidelines for specific elements of health and safety. These regulations cover workplace conditions such as ventilation, lighting, sanitation, noise control, temperature control, and the provision of personal protective equipment (PPE).

They also include specific provisions for the safe use and maintenance of machinery, requirements for handling, storage, labeling, and disposal of hazardous substances, and the need for Material Safety Data Sheets (MSDS). There are also specific regulations for the construction and mining industries, addressing industry-specific hazards. Employers are also required to report serious accidents, near-miss incidents, and occupational diseases to relevant authorities.

Enforcement

The enforcement of health and safety laws is the responsibility of the Namibian Ministry of Labour, Industrial Relations and Employment Creation. This involves workplace inspections, investigations, and the potential for issuing citations and penalties for non-compliance.

Occupational health and safety (OSH) is a fundamental right enshrined in the Namibian Constitution and is governed by the Labour Act 11 of 2007 (Chapter 4). This legislation outlines employer and employee responsibilities, as well as workplace safety regulations. Additionally, the Regulations Relating to the Health and Safety of Employees at Work (1997) provide specific regulations for various hazards, inspections, and reporting requirements.

Employers have a duty of care to ensure a safe and healthy work environment for all employees and others who might be affected by workplace activities. This includes identifying and assessing workplace hazards and implementing control measures following the hierarchy of controls (elimination, substitution, engineering, administrative, PPE). Employees must receive adequate training on workplace hazards, safe work practices, and emergency procedures.

Chemical Safety

Employers must identify, label, and manage hazardous substances, including providing safety data sheets (SDSs) and appropriate PPE. Measures must be in place to minimize worker exposure to hazardous chemicals through ventilation, substitution, and other engineering controls.

Physical Hazards

Physical hazards such as excessive noise, poor ergonomics, and moving parts on machinery pose risks. Employers must assess exposure, implement controls, and provide hearing protection where needed. Workstations and processes should be designed to minimize risks through proper posture, tool selection, and task rotation. Guards and interlocks must be in place to prevent injuries from machinery.

Psychosocial Hazards

Long hours, high workloads, and harassment can all contribute to workplace stress. Employers should manage these risks through healthy work organization, clear communication, and support mechanisms for workers. Namibian workplaces should have policies against violence and harassment, with reporting and response procedures.

Occupational Health Services

Employers must provide adequate first-aid facilities and trained personnel. Certain jobs with higher risks may require medical examinations to assess suitability and ongoing fitness for duty.

Workplace inspections play a pivotal role in ensuring the safety and well-being of employees. They serve to verify compliance with safety regulations, identify potential hazards and deficiencies, promote improvement in safety measures, and deter non-compliance.

Who Conducts Inspections

Workplace inspections are conducted by Labour Inspectors, who are employed by the Ministry of Labour, Industrial Relations and Employment Creation. They have broad authority to conduct inspections and enforce safety regulations. Additionally, Approved Inspection Authorities (AIAs) can also perform inspection duties. These are independent, qualified organizations appointed by the Minister.

Inspection Procedures

Inspection procedures can be broadly divided into three stages: planning and preparation, on-site inspection, and closing meeting and report.

Planning and Preparation

Inspections may be targeted at high-risk sectors, routine, or in response to complaints. Inspectors may review the workplace's safety records, previous inspection reports, and relevant industry guidelines beforehand.

On-Site Inspection

The on-site inspection begins with an opening meeting where the inspector introduces themselves and outlines the goals of the inspection. This is followed by a thorough examination of the workplace, including facilities, processes, equipment, and worker practices. Inspectors may also interview employees and management to gain insights about safety practices and concerns. The inspection concludes with the identification and assessment of potential hazards, non-compliant practices, and areas needing improvement.

Closing Meeting and Report

The inspection concludes with a discussion of findings and a formal inspection report. This report summarizes the findings, outlines required corrective actions, and establishes deadlines.

Inspection Criteria

Inspections broadly assess compliance with safety regulations, which cover areas like general safety, machinery and equipment, chemical hazards, physical hazards, occupational health, and recordkeeping.

Inspection Frequency

The frequency of inspections is not mandated by the Labour Act. It depends on factors like the workplace risk level, complaints from workers, and resource availability.

Follow-up Actions

Employers are legally obligated to address hazards and violations identified in the inspection report within the set deadlines. Inspectors may revisit to verify that corrective measures have been implemented. Failure to comply can lead to fines, improvement notices, prohibition notices, or even workplace closure in severe cases.

Workplace accidents are a serious matter that require immediate attention and reporting. Employers are obligated to report work-related injuries, diseases, and deaths to the Ministry of Labour, Industrial Relations and Employment Creation. This is stipulated in the Labour Act (2007) - Section 53. The Employees' Compensation Act (1941) also outlines the need for reporting specific injuries and incidents for compensation purposes to the Social Security Commission (SSC).

Reporting Deadlines

When it comes to serious injuries and diseases, these must be reported immediately to the nearest Labour Inspector. Fatal accidents require immediate reporting to both the Labour Inspector and the Namibian Police. Compensation claims to the SSC should generally be made within a year of the injury or diagnosis of occupational disease.

Reporting Procedures

Employers can use prescribed forms available from the Ministry of Labour and the SSC for reporting. The information required includes details of the accident, the injured worker, the extent of injuries, and witnesses (if any).

Accident Investigation

Investigating an accident is crucial for understanding why the accident occurred and preventing similar incidents. Investigations identify areas where safety systems failed and recommend improvements. Employers may be required to conduct thorough investigations, especially for serious incidents.

Investigation Process

Timely investigations help preserve evidence and gather fresh witness accounts. The investigation team may involve safety representatives, supervisors, and workers with relevant knowledge. Methods used include interviews, site inspections, equipment examination, and record reviews. A detailed report outlines findings, root causes, and recommendations for improvement.

Compensation Claims

The Social Security Commission (SSC) administers the compensation fund for injured or ill workers whose employers contribute to the fund. This is outlined in the Employees' Compensation Act (1941). It covers employees who sustain injuries or contract diseases in the course of employment. Types of compensation include temporary disability benefits, permanent disability benefits, medical expenses, and survivor's benefits (in case of death).

Claim Procedure

Workers must inform their employer of the injury or illness. They then need to obtain the necessary forms from the SSC and submit them. The SSC may require medical examinations to determine the extent of the disability.

Important Considerations

The scene of the accident should be disturbed as little as possible before the investigation. Injured workers have the right to refuse unsafe work and participate in safety matters without fear of reprisal. Employers must maintain thorough records of workplace accidents, investigations, and compensation claims.