The cornerstone of health and safety laws and regulations in Lesotho is the Labour Code Order of 1992 (Order No. 24 of 1992). Specifically, Part VII of the Code addresses Health, Safety, and Welfare at Work. Other important pieces of legislation include the Mine Safety Act 4 of 1981, which focuses specifically on health and safety within the mining sector, and The Constitution of Lesotho, which ensures the right to the highest standard of mental and physical health.

Key Provisions of the Labour Code Order

Employers' Responsibilities

The Labour Code Order outlines several employer responsibilities regarding health and safety:

• Provision of a Safe Workplace: Employers must ensure the workplace is free from risks to health and safety to the greatest extent possible. This includes maintaining safe equipment, machinery, and work processes. (Section 74)
• Protective Equipment: Employers must provide suitable personal protective equipment (PPE) when hazards cannot be eliminated. (Section 78)
• Information and Training: Provide workers with information and training on health and safety risks and prevention procedures. (Section 75)
• Welfare Facilities: Maintain adequate facilities for workers including toilets, drinking water, and first-aid provisions. (Section 84- 87)

Employees' Rights and Responsibilities

Employees in Lesotho also hold several rights and responsibilities regarding their health and safety:

• Right to Refuse Dangerous Work: Employees may refuse work they believe is unsafe or unhealthy. (Section 80)
• Duty to Cooperate: Employees must follow safety instructions, use PPE, and report hazards and accidents.

Specific Health and Safety Requirements

The Labour Code Order contains detailed requirements for specific areas:

Chemical Safety

• Hazardous Substances: Employers must implement control measures, substitute less harmful substances, provide protective equipment, and train employees on working with hazardous chemicals. (Section 83)

Machinery Safety

• Guarding and Maintenance: Machinery must have safeguards and be regularly maintained. Training must be provided to workers operating machinery. (Section 76)

Construction

• Safe Structures and Practices: The Code includes specific safety provisions for scaffolding, trenching, demolition, and other construction activities. Fall protection measures are required. (Schedule Six)

Enforcement and Penalties

• Labor Commissioner: The Labor Commissioner is responsible for enforcing health and safety laws. They have the authority to conduct inspections, issue improvement notices, or take legal action. (Section 7)
• Penalties: Violators of the Labour Code Order may face fines or imprisonment.

Key Regulatory Bodies

• Department of Labour: The primary agency overseeing health and safety.
• National Advisory Council for Occupational Safety, Health, and Welfare: Advises the government on health and safety policies and regulations.

Limitations and Areas for Improvement

While offering a framework for health and safety, Lesotho's regulatory system suffers some limitations:

• Limited Resources: Lack of funding and personnel for enforcement may hinder effective inspections and implementation.
• Focus on Formal Sector: Regulations often lack sufficient application to the informal economy of Lesotho.
• Outdated Regulations: Some laws, like the Mine Safety Act of 1981, may require modernization with current best practices.

Occupational health and safety (OHS) in Lesotho is primarily governed by the Labour Code Order (1992), which is informed by international standards. The Labour Code aims to ensure workplaces are free from hazards, with adequate ventilation, lighting, temperature control, and sanitary facilities. It also mandates the safeguarding, maintenance, and proper use of machinery to prevent accidents. Employers are required to provide and maintain personal protective equipment (PPE) where hazards cannot be fully eliminated.

Industry-Specific Standards

In the construction industry, safety requirements are detailed in Schedule Six of the Labour Code, which includes provisions for scaffolding, fall protection, and excavation safety. The mining industry is governed by the Mine Safety Act (1981), which lays out comprehensive standards specific to mining operations, including ventilation, machinery use, and emergency procedures. The Labour Code Order also mandates control measures, substitution of less harmful chemicals, and training for workers handling hazardous substances.

Influence of International Standards

As a member of the International Labour Organization (ILO), Lesotho draws upon ILO Conventions and guidelines when shaping its OHS standards. Key influences include the ILO Occupational Safety and Health Convention (No. 155), which sets a framework for national policies, employer and worker responsibilities, and preventative measures, and the ILO Occupational Health Services Convention (No. 161), which promotes the establishment of occupational health services within workplaces.

Occupational Health and Safety Practices in Lesotho

Despite the existence of these standards, challenges in implementation persist. Physical hazards such as manual labor, exposure to dust and noise, and inadequate machinery safeguarding remain prevalent concerns. Chemical hazards, particularly in the mining and agricultural sectors, pose risks due to exposure to hazardous substances. Biological hazards also exist, with limited awareness and control measures surrounding infectious diseases like HIV/AIDS and tuberculosis within the workplace.

Challenges in Implementation

Implementation of OHS standards faces several challenges. These include limited enforcement capacity due to insufficient resources for the Department of Labour, lack of protection for many workers in the informal sector by OHS regulations, and low levels of workplace health and safety education among some employers and workers.

Areas for Improvement

Improvements can be made in several areas. These include updating legislation like the Mine Safety Act (1981) to align with current best practices, investing in resources and training for the Labour Commissionerate to enhance inspection and enforcement, promoting health and safety education and awareness programs targeting both employers and workers, and developing strategies to extend OHS protections to the informal economy.

Workplace inspections play a crucial role in ensuring compliance with the Labour Code Order (1992) in Lesotho. These inspections aim to identify hazards, verify compliance, promote prevention, and provide a basis for enforcement actions in case of violations.

Workplace Inspection Procedures

The Department of Labour, through the Labour Commissioner, is responsible for overseeing workplace inspections in Lesotho.

Authority of Inspectors

Labour inspectors have the right to enter and inspect any workplace at reasonable times, with or without prior notice. They can also request documents, interview workers and employers, and take samples for analysis.

Inspection Criteria

Inspections focus on compliance with the Labour Code Order and other relevant regulations. These cover areas like general workplace conditions, machinery and equipment, hazardous substances, industry-specific hazards, emergency preparedness, and record-keeping.

Inspection Frequency

The frequency of workplace inspections in Lesotho largely depends on the risk level of the industry, reports of hazards or violations from workers, and the availability of resources.

Follow-Up Actions

After an inspection, the inspector may provide informal advice for minor issues, issue formal orders requiring the employer to address violations within a specified timeframe, halt a hazardous activity until necessary corrective measures are taken, or in cases of serious or repeated violations, initiate legal action and penalties.

Importance of Worker Participation

The Labour Code Order encourages workers to report unsafe conditions and participate in inspections, as their expertise is invaluable in identifying potential hazards. For the most precise and updated guidelines on inspection procedures in Lesotho, it's advisable to consult the Department of Labour directly.

Workplace accidents in Lesotho are governed by specific reporting requirements outlined in the Labour Code Order (1992). Employers are obligated to report any accident that results in death, serious injury, or incapacitates an employee for more than three days to the Labor Commissioner. Additionally, employers are required to maintain a register of all workplace injuries, illnesses, and dangerous occurrences, detailing the specifics of the incident.

Investigation of Workplace Accidents

The Labour Commissioner is authorized to investigate workplace accidents to determine causes and identify preventative measures. Worker representatives also have a right to participate in these investigations and may assist in identifying contributing factors.

Compensation for Workplace Injuries and Illnesses

The Workmen’s Compensation Act (1977) governs compensation for workplace injuries and occupational diseases in Lesotho. The compensation system covers most employees in Lesotho, with some exceptions, and provides compensation for injuries or occupational diseases arising out of and in the course of employment.

Types of Compensation

Compensation includes coverage of reasonable medical costs related to the work injury or illness, income benefits during periods of temporary incapacity due to the injury, lump sum payments or pensions based on the severity of the permanent disability, and compensation for dependents in the case of a work-related fatality.

Claim Procedure

The injured worker must inform the employer of the injury or illness promptly. Following this, the worker undergoes a medical assessment to determine the extent of the disability. The employer then submits a claim to the Labour Commissioner along with supporting documentation. The Labour Commissioner reviews the claim and determines the appropriate compensation amount.

Key Challenges

Despite these provisions, there are challenges such as underreporting of accidents due to fear of reprisal or lack of awareness, delays in compensation payments due to bureaucratic hurdles, and limited provisions for rehabilitation and return-to-work programs.