Sri Lanka

The Factories Ordinance (No. 45 of 1942) is the foundational piece of legislation covering health and safety in Sri Lanka. It mandates measures related to cleanliness and workspace standards, ventilation and temperature control, safety precautions for machinery and equipment, fire prevention and safety, and protection against hazardous substances.

The Shop and Office Employees (Regulation of Employment and Remuneration) Act (No. 19 of 1954) includes health and safety provisions for establishments not covered by the Factories Ordinance. The National Environmental Act (No. 47 of 1980) addresses environmental protection and the management of hazardous materials and waste, indirectly impacting workplaces by minimizing pollution and exposure-causing releases.

Health and Safety Policy

Sri Lanka's National Health and Safety Policy establishes a comprehensive framework with objectives including reducing accidents and diseases through continuous improvement, cultivating a safety-conscious culture in workplaces, integrating health and safety into education and training at all levels, and strengthening research and information related to health and safety.

Regulatory Bodies

The Department of Labour is the primary agency responsible for health and safety administration and enforcement. The Ministry of Health plays a role in workplace health, especially in addressing diseases. The Central Environmental Authority is important for addressing workplace hazards impacting the broader environment.

Employer Responsibilities

Sri Lankan law outlines core employer obligations for ensuring workplace health and safety. These include a general duty of care, risk assessment, maintaining safe equipment and machinery, providing necessary protective equipment, training workers on identifying hazards, safe practices, and emergency procedures, and procedures for reporting and investigating accidents to determine root causes and prevent recurrence.

Worker Rights

Workers are entitled to information on hazards in their workplace, must be involved in health and safety decision-making through representation and consultation, and can refuse work they believe poses a serious risk to their health or safety.

Limitations and Challenges

There are gaps in health and safety laws and regulations adequately covering all sectors, particularly the informal economy. Inadequate resources and capacity hinder effective enforcement of existing legal provisions. Low awareness of health and safety rights and responsibilities exists among some employers and workers.

Occupational health and safety (OHS) is a crucial aspect of any workplace. In Sri Lanka, it is governed by several key legislations and policies. The primary legislation is the Factories Ordinance (No. 45 of 1942), which outlines OHS provisions for workplaces deemed "factories." It covers aspects like cleanliness, overcrowding, ventilation, lighting, safety precautions (machinery, fire), and welfare facilities.

The National Occupational Safety and Health Policy (2012) is a comprehensive policy that establishes guidelines on OHS risk prevention, management, and the promotion of a safety culture in Sri Lanka. The Shop and Office Employees Act (No. 19 of 1954) provides OHS regulations for shops and offices, although it is less extensive than factory legislation.

Hazard Identification and Risk Assessment

Workplaces must systematically identify potential workplace hazards (physical, chemical, biological, ergonomic, psychosocial) and evaluate associated risks. The Factories Ordinance mandates the employer's responsibility to take necessary safety precautions.

Safe Work Procedures and Training

Employers must develop and implement safe work procedures for all tasks to minimize risks. Employees must receive adequate training in these procedures, including the use of machinery and handling of hazardous substances.

Personal Protective Equipment (PPE)

Where hazards cannot be eliminated or adequately controlled, suitable PPE (e.g., helmets, gloves, respirators) must be provided to employees and its proper use ensured.

Accident and Incident Reporting

Employers are obliged to report serious accidents, injuries, and dangerous occurrences. The Factories Ordinance mandates the maintenance of an accident register.

Health Surveillance and Medical Examinations

Pre-employment, periodic, and exit medical examinations may be required for workers exposed to specific occupational health risks.

First Aid and Emergency Response

Workplaces must provide adequately equipped first aid facilities and ensure that trained first aid personnel are available. Emergency plans must be in place to handle accidents and medical emergencies.

Occupational Health and Wellness

The National Occupational Safety and Health Policy promotes workplace health initiatives. Employers are encouraged to address issues like mental health, healthy lifestyles, and ergonomic stressors.

The Department of Labour is primarily responsible for enforcing OHS legislation. Other specialized agencies like the Atomic Energy Authority may also be involved in regulating specific OHS aspects.

Workplace inspections play a crucial role in hazard identification and control, regulatory compliance, and raising awareness about occupational health and safety (OHS) standards. They are proactive measures to find and address unsafe conditions, work practices, and equipment, thereby preventing accidents and injuries.

Inspection Authorities

The primary inspection authorities for most workplaces are labour officers and factory inspecting engineers from the Department of Labour (DoL). However, for specific industries or hazards, other specialized agencies may be involved, such as the Atomic Energy Authority for radiation safety.

Inspection Criteria

Workplace inspections typically cover a wide range of areas, including physical hazards like machinery, electrical installations, fire safety, housekeeping, and fall hazards. They also look into chemical hazards, such as the handling, storage, and labeling of hazardous substances, and exposure control measures. Biological hazards, ergonomic hazards, psychosocial hazards, welfare facilities, and documentation are also part of the inspection criteria.

Inspection Frequency

While the Factories Ordinance mandates periodic inspections, it does not specify a fixed frequency. Inspection schedules are often based on risk assessments and past compliance records. Even though not always legally stipulated, regular inspections are considered good OHS practice for all workplaces.

Inspection Procedures

The inspection process usually starts with a notice, followed by an opening meeting where the inspector introduces themselves and explains the purpose and scope of the inspection. This is followed by a walkthrough inspection, document review, and a closing meeting where the inspector summarizes their findings and may discuss preliminary recommendations. The process concludes with an inspection report that outlines identified hazards, non-compliance issues, and required corrective actions with deadlines.

Follow-up Actions

After the inspection, the employer is legally obligated to rectify hazards or non-compliance issues within stipulated timeframes. Follow-up inspections may be conducted by the DoL to verify that corrective actions have been taken. The DoL also has the power to issue improvement notices, initiate legal proceedings, or even order a workplace closure for serious or persistent OHS violations.

Workplace accidents are a serious concern and require immediate attention. Employers are obligated to report certain types of accidents to the Department of Labour. Fatal accidents must be reported immediately, while serious accidents causing loss of life or disabling the worker for more than three days must be reported within prescribed timeframes. The reporting mechanisms typically involve submitting reports to the area Labour Office or the Industrial Safety Division of the Department of Labour.

Investigation of Workplace Accidents

The employer has a primary duty to investigate accidents promptly to identify root causes and prevent recurrence. The Department of Labour may also investigate serious accidents or those raising concerns about violations. These investigations can involve site inspections, interviews with witnesses, and a review of records and documentation. In complex cases, other agencies may be involved, such as the Police for suspected criminal negligence.

Compensation for Workplace Accidents

The Workmen's Compensation Ordinance is the primary legislation governing compensation for workplace injuries and occupational diseases. Employees (or their dependents in case of death) who sustain a "personal injury by accident arising out of and in the course of employment" are generally eligible for compensation. The compensation amounts are determined based on factors such as the worker's wages and the degree of disability. Claims are filed with the Commissioner of Workmen's Compensation, and disputes may be resolved through arbitration or in Labour Tribunals.

Additional Information

Employers are encouraged to have insurance to cover compensation liabilities. The Workmen's Compensation system operates on a no-fault basis, meaning negligence generally doesn't need to be proven for a worker to be eligible.