Sudan's health and safety laws are designed to protect the well-being of employees. The primary legislation is the Labour Act, 2017 (Section XI), which mandates employer responsibilities in maintaining a safe workplace, providing information and training, ensuring protective measures, and enabling worker participation in health and safety matters. The National Occupational Safety and Health Policy 2022 outlines the government's commitment to health and safety, providing guidelines and setting goals for improving workplace safety. There may also be additional sector-specific regulations addressing industries such as construction, mining, or manufacturing.

Employer Responsibilities

Employers in Sudan are legally obligated to provide a safe and healthy work environment. This includes conducting regular hazard identification and implementing measures to eliminate or minimize risks, developing and enforcing safe operating procedures for machinery, equipment, and hazardous materials, and providing personal protective equipment appropriate to the hazards present in the workplace. Employers are also required to train workers on hazards, safe practices, and emergency procedures, establish a system to report and investigate workplace accidents to prevent recurrences, and record all work-related accidents, injuries, illnesses, and inspections.

Employee Rights

Sudanese workers have several rights regarding their health and safety at work. They must be informed about potential hazards and trained in safe work practices, have the opportunity to contribute to health and safety decision-making and raise concerns, and can refuse tasks they believe pose a serious danger to their health or safety. Workers injured or falling ill due to work are entitled to compensation under the law.

Enforcement and Compliance

Labour Inspectors, as per the Labour Act, 2017, are empowered to conduct workplace inspections, issue improvement notices, and take legal action against non-compliant employers. Employers violating health and safety laws can face fines, legal proceedings, or even closure of their operations.

Challenges and Limitations

Sudan faces several challenges in enforcing its workplace health and safety laws. These include limited resources, understaffing, and lack of technical expertise, which can hinder effective inspection and enforcement. Large informal sectors of the economy may not be fully covered by health and safety regulations. Workers and employers, particularly in smaller enterprises, may lack adequate knowledge of their health and safety rights and responsibilities.

Sudan's occupational health and safety (OHS) standards are influenced by several sources, including International Labour Organization (ILO) Conventions, national legislation, and sector-specific regulations. Sudan has ratified several core ILO conventions related to OHS, such as the Occupational Safety and Health Convention, 1981 (No. 155), Occupational Health Services Convention, 1985 (No. 161), and the Promotional Framework for Occupational Safety and Health Convention, 2006(No. 187). The Labour Act, 2017 outlines general OHS requirements applicable to all workplaces, and tailored OHS regulations may exist for industries such as construction, manufacturing, or mining.

Hazard Identification and Risk Assessment

Employers in Sudan are responsible for proactively identifying potential hazards across the workplace, including physical, chemical, biological, and ergonomic hazards. Risk assessment involves evaluating the likelihood and severity of harm from identified hazards to inform control measures.

Control Measures

Workplaces in Sudan should implement a hierarchy of controls to minimize OHS risks. This includes elimination, substitution, engineering controls, administrative controls, and the use of personal protective equipment (PPE).

Occupational Health Services

Larger workplaces may be required to provide occupational health services as per regulations. This includes pre-employment and periodic medical examinations, health surveillance for specific hazards, and first aid and emergency preparedness.

Worker Participation and Consultation

The Labour Act, 2017 promotes worker involvement in OHS decision-making. This may include safety committees, worker representatives, and the right to raise OHS concerns.

Training and Information

Employers in Sudan must provide OHS training to workers, covering workplace hazards and risks, safe work practices, emergency procedures, and the correct use of PPE.

Incident Reporting and Investigation

Systems should be in place to report workplace accidents, injuries, and illnesses. Investigations help identify root causes to prevent recurrence.

Workplace inspections play a crucial role in enforcing health and safety regulations. They serve to verify compliance, identify and address hazards, deter non-compliance, and promote a culture of health and safety within the workplace.

Role of Labor Inspectors

Labor Inspectors are authorized to conduct workplace inspections. The scope of these inspections typically covers physical workplace conditions, work practices and procedures, use of hazardous substances, provision and use of personal protective equipment (PPE), and health and safety documentation and records. Inspectors may also interview employees to gain insights into health and safety practices and concerns.

Issuing Notices and Penalties

If violations are found during inspections, inspectors can issue improvement notices with deadlines for corrective action. In cases of serious or repeated non-compliance, inspectors can initiate legal action, which could lead to fines or even facility closure.

Inspection Criteria

Workplace inspections assess compliance with various health and safety requirements, including risk assessments and control measures, safe work procedures, machine guarding and equipment safety, handling and storage of hazardous substances, emergency preparedness, and health and safety training records.

Inspection Frequency

The frequency of workplace inspections may vary depending on factors such as the industry and risk level, compliance history, and resource constraints. High-risk industries may be subject to more frequent inspections, and workplaces with a history of violations might face increased inspection scrutiny.

Follow-Up Actions

Inspectors often conduct follow-up inspections to verify that corrective actions specified in improvement notices have been addressed. In cases of continued non-compliance or severe violations, authorities may escalate enforcement actions including fines, legal proceedings, or the suspension of operations.

In Sudan, employers are legally obligated to report workplace accidents, injuries, and illnesses according to the Labour Act, 2017. The specifics on reportable incidents and timelines are likely detailed within the act. The reporting mechanism, including to whom, in what format, and within what timeframe, should be available from the Ministry of Labour. Employers must also maintain accurate records of workplace accidents, which can be crucial for investigations and compensation claims.

Workplace Accident Investigation

Investigations aim to determine the root cause of accidents, identifying immediate and underlying contributing factors. This helps prevent similar incidents from happening again. Employers are usually responsible for conducting internal workplace accident investigations. Labor inspectors may participate in investigations of serious accidents or those with fatalities. Investigations typically involve interviews with witnesses and the injured worker, examination of the accident scene, and review of relevant documentation. Findings are summarized in a report, outlining the causes of the accident and recommendations to prevent recurrence.

Compensation for Workplace Injuries

Sudanese workers who suffer injuries or illnesses due to work-related causes are entitled to compensation. The mechanism for compensation likely exists within Sudan's social security laws or workers' compensation insurance provisions. The compensation process may involve medical assessments to establish the extent of the injury and its impact on the worker's ability to earn. Compensation could potentially include medical expenses, wage replacement for lost income, disability benefits (temporary or permanent), and compensation to dependents (in cases of fatality).

Procedures for Compensation Claims

The specific procedures for compensation claims would depend on Sudan's worker's compensation scheme. Generally, it will likely involve submitting a formal claim to the relevant compensation body, potentially an insurance body or a government agency. Providing medical records, employment documentation, and evidence supporting the work-related nature of the injury is also required. The claim will be reviewed, and a decision will be made on its eligibility and the level of compensation.