Ensuring a safe and healthy working environment is a fundamental aspect of operating in Eswatini. The country places significant importance on protecting its workforce from potential hazards and risks inherent in various industries. Compliance with established health and safety regulations is not merely a legal obligation but also a crucial factor in maintaining productivity, employee morale, and overall business sustainability.
Navigating the specific requirements can be complex, involving understanding the relevant legislation, implementing appropriate safety measures, and establishing clear protocols for inspections and incident management. Employers operating within Eswatini must be proactive in identifying potential hazards, mitigating risks, and fostering a culture of safety among all personnel.
Health and Safety Laws and Regulatory Framework
The primary legislation governing occupational health and safety in Eswatini is the Occupational Safety and Health Act. This Act establishes the legal framework for workplace safety, outlining general duties for employers and employees, setting standards, and providing for enforcement mechanisms. It aims to prevent accidents and occupational diseases across all sectors of the economy.
Key aspects covered by the Act include:
- General duties of employers to ensure the safety, health, and welfare of their employees.
- General duties of employees to take reasonable care for their own safety and the safety of others.
- Requirements for the registration of workplaces.
- Provisions for the appointment of inspectors and their powers.
- Regulations concerning specific hazards and industries.
Compliance with this Act and its subsidiary regulations is mandatory for all employers operating within the country.
Occupational Health and Safety Standards and Practices
Employers in Eswatini are required to implement practical measures to ensure a safe working environment. This involves adhering to established standards and adopting best practices relevant to their specific industry and operations.
Risk Assessments
A cornerstone of workplace safety is the systematic identification and assessment of risks. Employers must conduct thorough risk assessments to identify potential hazards, evaluate the likelihood and severity of harm, and determine appropriate control measures. These assessments should be documented and reviewed regularly, especially after any significant changes in the workplace or work processes.
Training Requirements
Providing adequate training is essential for ensuring employees understand workplace hazards and how to perform their duties safely. Training should cover:
- Specific hazards present in their work area.
- Safe operating procedures for machinery and equipment.
- Proper use of personal protective equipment (PPE).
- Emergency procedures.
- General health and safety awareness.
Training records must be maintained as evidence of compliance.
Documentation Obligations
Employers are required to maintain various records related to health and safety. This documentation serves as proof of compliance and is essential during inspections or investigations. Key documents include:
- Risk assessment reports.
- Safety policies and procedures.
- Training records.
- Records of workplace inspections.
- Accident and incident reports.
- Maintenance records for machinery and equipment.
Safety Committees
Workplaces meeting certain criteria (often based on the number of employees) are required to establish safety committees. These committees, comprising representatives from both management and employees, play a vital role in promoting safety, conducting inspections, investigating incidents, and making recommendations for improvements.
Workplace Inspection Processes and Requirements
Workplace inspections are conducted by government inspectors appointed under the Occupational Safety and Health Act. These inspections aim to ensure that employers are complying with the law and maintaining safe working conditions.
Inspectors have the authority to:
- Enter any workplace at reasonable times.
- Examine the workplace, machinery, and equipment.
- Interview employers and employees.
- Require the production of documents and records.
- Issue improvement notices or prohibition notices if non-compliance or imminent danger is found.
Employers must cooperate fully with inspectors and take prompt action to address any issues raised during an inspection. Regular internal inspections by the employer or the safety committee are also recommended as a proactive measure.
Workplace Accident Protocols and Reporting
In the event of a workplace accident or incident, clear protocols must be in place to ensure appropriate action is taken and reporting requirements are met.
Immediate Actions
Following an accident, the immediate priorities are:
- Providing first aid and medical attention to the injured person(s).
- Securing the accident scene to prevent further injury or damage.
- Notifying relevant internal personnel (e.g., supervisor, safety officer).
Investigation
Employers are required to investigate all workplace accidents and incidents to determine their root causes and implement corrective actions to prevent recurrence. The investigation findings should be documented.
Reporting Requirements
Certain types of accidents and occupational diseases are legally reportable to the relevant authorities. The criteria for reportable incidents typically include:
- Fatal accidents.
- Accidents causing serious bodily injury requiring medical treatment or resulting in lost time from work beyond a specified period.
- Certain prescribed occupational diseases.
Reporting must be done within a specified timeframe using the required forms. Failure to report can result in penalties.
Employer and Employee Responsibilities for Workplace Safety
Workplace safety is a shared responsibility between employers and employees. Both parties have distinct duties under the law.
Employer Responsibilities
Employers have the primary duty to ensure, as far as is reasonably practicable, the safety, health, and welfare of all persons working in their workplace. This includes:
- Providing a safe working environment, plant, and systems of work.
- Arranging for the safe use, handling, storage, and transport of articles and substances.
- Providing necessary information, instruction, training, and supervision.
- Maintaining the workplace in a safe condition.
- Providing and maintaining adequate welfare facilities.
- Developing and implementing a written safety policy (for larger workplaces).
- Consulting with employees on health and safety matters.
Employee Responsibilities
Employees also have a duty to take reasonable care for their own health and safety and that of other persons who may be affected by their acts or omissions at work. Employee responsibilities include:
- Cooperating with the employer on health and safety matters.
- Using machinery, equipment, and substances in accordance with training and instructions.
- Using personal protective equipment provided.
- Reporting any hazard or unsafe situation they become aware of.
- Not interfering with or misusing anything provided in the interest of health, safety, or welfare.
