Seychelles is committed to ensuring the health and safety of individuals within the workplace. The Occupational Safety and Health Decree (1991) is the primary legal framework governing these matters. This decree, along with other relevant regulations, sets standards and obligations for both employers and employees.

Key Provisions of the Occupational Safety and Health Decree

Employers must ensure the health, safety, and welfare of their employees as far as reasonably practicable. This includes safe plant and systems of work, safe arrangements for the use, handling, storage, and transport of substances, necessary information, instruction, training, and supervision, safe work environments, and safe means of access and egress.

Employees are required to take reasonable care for their own health and safety, and that of others affected by their actions. They must cooperate with their employer in fulfilling health and safety obligations, use provided safety equipment, and follow established safety procedures.

The decree details requirements for workplace design and conditions, machinery and equipment safety, hazardous substances, fire safety, and reporting and investigation of accidents/incidents.

Other Relevant Legislation

Beyond the decree, the Public Health Act, Radiation Safety and Security Act, and Environment Protection Act may be relevant to workplace safety and health.

Enforcement and Compliance

The Occupational Safety and Health Authority (OSHA) within the Ministry of Employment and Social Affairs is responsible for enforcing health and safety legislation. OSHA inspectors have authority to conduct workplace inspections. The decree outlines penalties for violations, including fines and potential imprisonment.

Additional Considerations

Employees have the right to refuse work they believe poses an imminent danger to their health or safety. The law encourages the establishment of workplace health and safety committees with employee representation. Employers are recommended to conduct regular risk assessments to identify and mitigate hazards in the workplace.

Adhering to health and safety legislation in Seychelles is crucial for ensuring the well-being of workers. Both employers and employees need to be familiar with their specific legal responsibilities to help prevent workplace injuries and illnesses.

Occupational health and safety standards in Seychelles are outlined in the Occupational Safety and Health Decree (1991) and subsequent regulations. These standards cover various areas including the workplace environment, machinery and equipment safety, handling of hazardous substances, fire safety, and first aid and medical surveillance.

Workplace Environment

Key aspects of the workplace environment include sufficient ventilation, adequate lighting, reasonable temperatures for working comfort, clean and well-maintained sanitary facilities, and measures to control excessive noise levels to prevent hearing damage.

Machinery and Equipment Safety

Safety measures for machinery and equipment include secure guarding of moving parts, proper maintenance of machinery and equipment in safe working order, and provision of adequate training and supervision on the safe operation of equipment.

Hazardous Substances

Hazardous substances must be controlled to prevent exposure and clearly labeled with hazard warnings. Material Safety Data Sheets (MSDS) should be available for all hazardous substances in use. Employers must provide appropriate Personal Protective Equipment (PPE) and ensure its use where necessary.

Fire Safety

Fire safety measures include prevention of fires, clear fire evacuation procedures, availability of firefighting equipment, and employee training on fire safety and emergency response.

First Aid and Medical Surveillance

Adequate first aid kits and trained first aid personnel should be available. Medical examinations may be required for workers exposed to specific hazards.

Occupational Health and Safety Practices

To support the implementation of these standards, employers should conduct regular risk assessments, develop and implement clear written safety policies and procedures, provide comprehensive OHS training programs, establish a system for incident reporting and investigation, implement preventative maintenance programs, and engage employees in health and safety initiatives.

The primary government authority responsible for occupational health and safety in Seychelles is the Ministry of Employment and Social Affairs. The foundational legislation for OHS in Seychelles is the Occupational Safety and Health Decree (1991). The International Labour Organization (ILO) also provides resources and guidance on OHS.

Workplace inspections are a crucial part of maintaining a safe and healthy work environment in Seychelles. These inspections allow authorities to identify potential hazards, enforce regulations, and foster a culture of safety in the workplace.

Legal Framework

Workplace inspections in Seychelles are governed by the Employment Act 1995, which gives labor inspectors broad powers to conduct inspections and enforce compliance. The Occupational Safety and Health Decree 1978 outlines specific requirements and standards for workplace safety and health. Various regulations complement the Decree, such as the Occupational Safety and Health (Construction Industry, Confined Space and Welding) Regulations 1991.

Key Authorities

The Ministry of Employment and Social Affairs (Labour Monitoring and Compliance Section) is responsible for planning, coordinating, and executing workplace inspections across industries. Labor Inspectors are empowered by legislation to enter workplaces, examine records, and take appropriate actions to ensure compliance.

Workplace Inspection Criteria

Workplace inspections in Seychelles typically focus on physical hazards, chemical hazards, biological hazards, ergonomic hazards, psychosocial hazards, emergency preparedness, and record-keeping.

Inspection Frequency

The frequency of workplace inspections in Seychelles often depends on the industry and risk level, history of compliance, and complaints received.

Workplace Inspection Procedures

The inspection process includes a notice, opening conference, walk-through inspection, interviews, document review, closing conference, and a written report.

Follow-Up Actions

After the inspection, the employer is generally given a timeline to address hazards and non-compliance issues. A re-inspection may be conducted to verify the implementation of corrective measures. Penalties and enforcement actions may be taken in case of serious violations or failure to comply.

Promoting Workplace Safety Culture

While workplace inspections are vital, they shouldn't be the sole means of ensuring safety. Employers must take proactive responsibility by developing safety management systems, conducting risk assessments, providing employee training, and encouraging open communication about safety.

Workplace accidents are a serious matter and need to be reported promptly. The Occupational Safety and Health (Amendment) Regulations 1999 and the Employment Act 1995 mandate the reporting of such incidents. Severe accidents must be reported immediately, while injuries causing a worker to be absent for three or more days should be reported within 48 hours. Employers use prescribed forms to submit these reports.

Internal Accident Investigation

Employers are responsible for conducting internal investigations into workplace accidents. The objectives of these investigations are to identify the root causes, prevent recurrence, and document the process, findings, and recommendations.

Government Investigations

Labor Inspectors from the Ministry of Employment and Social Affairs may conduct investigations, particularly focusing on serious accidents and those involving potential regulatory violations. These investigations may include site visits, witness interviews, and review of documentation.

Compensation Claims

Injured workers or dependents of deceased workers may be entitled to compensation under the Workmen's Compensation Act of 1978.

Types of Compensation

Compensation can take the form of temporary disability payments for lost wages during recovery, permanent disability benefits depending on the severity of impairment, and death benefits for dependents of workers killed in workplace accidents.

Filing a Claim

Most employers are required to carry insurance coverage for workplace injuries. The Seychelles Pension Fund acts as the insurer and manages compensation claims. Claim forms should be submitted promptly.

Key Points to Remember

Timely reporting is critical as it ensures prompt investigations and potential access to compensation. Thorough investigations prevent future harm by identifying and rectifying hazards. Injured workers have the right to compensation and should seek appropriate advice and support.