In Mauritania, the Labor Code (Loi n° 2004-017 portant Code du Travail) is the cornerstone of labor law. Book 3, Title 5 provides the core framework for health and safety. This section outlines employer and worker responsibilities to ensure safe and healthy workplaces. The Social Security Law addresses compensation for injuries and illnesses. It details the system for insurance and benefits provided to workers who experience work-related accidents or diseases.

Regulatory Framework & Enforcement

The Ministry of Public Service, Labor, and Employment Modernization oversees the implementation and enforcement of labor laws, including health and safety. The National Occupational Health Office (Office National de la Médecine du Travail - ONMT) is a technical body specializing in health. It provides preventative services, conducts research, and offers training to enhance workplace safety and health.

Key Aspects of Mauritanian Health and Safety Law

Employer Responsibilities

Employers are required to conduct regular assessments to identify hazards and implement control measures. They must provide necessary equipment, training, and procedures to ensure safety. This includes personal protective equipment (PPE). Employers are also required to establish a program for regular health checks of workers in hazardous industries and occupations. They must maintain accurate records of accidents, illnesses, hazardous substances used, and inspections. Employers are also required to involve representatives or workers' committees in health and safety decisions.

Worker Rights

Workers in Mauritania have the right to refuse tasks posing an imminent and serious danger without facing repercussions. They must be able to report hazards or injuries without fear of retaliation. Workers are entitled to receive benefits for work-related injuries or diseases through the social security system. They also have the right to receive relevant training on hazards they might encounter and safe work practices.

Specific Health and Safety Provisions

The Labor Code and additional decrees cover specific areas of workplace safety:

• Machine Safety
• Chemical Hazards
• Noise
• Ergonomics
• Sanitation
• Construction Safety

Challenges & Improvements

Mauritania's health and safety framework faces challenges including limited enforcement due to insufficient resources. There is also a large informal sector where health and safety laws are often not applied. Low awareness levels among some employers and workers on health and safety rights and responsibilities also pose a challenge.

Recent efforts to improve health and safety in Mauritania include the development of a comprehensive strategy to guide improvements and collaboration with international agencies to strengthen health and safety capacities.

Occupational health and safety (OHS) in Mauritania is guided by several sources including the Labor Code, Ministerial Decrees and Orders, the National Occupational Health Office (ONMT), and International Labor Organization (ILO) Standards. These sources provide broad principles and minimum requirements for OHS, with the ONMT playing a key role in developing technical guidelines and recommended practices for different sectors and hazards.

Hazard Prevention and Control

Employers are obligated to identify and assess workplace hazards on an ongoing basis. The hierarchy of controls prioritizes elimination, substitution, engineering controls, administrative controls, and lastly, personal protective equipment (PPE). Where hazards cannot be fully eliminated, employers must provide appropriate PPE and enforce its use.

Workplace Conditions

Workplace conditions are also regulated, with standards addressing air quality with regards to potential contaminants, temperature, and humidity. Adequate lighting levels are required in workplaces to prevent eye strain and accidents. Exposure limits and control measures are defined to protect workers' hearing. Requirements also exist for clean drinking water, toilets, and washing facilities.

Chemical Safety

Chemical safety is a key aspect of OHS. Chemicals must be clearly labeled with safety information, including hazard pictograms. Safety Data Sheets (SDS) must be accessible to workers, providing detailed information on chemical properties, handling, and emergency procedures. Employers must assess risks associated with chemical use and implement appropriate controls.

Occupational Health Surveillance

Occupational health surveillance includes required medical examinations for workers in certain industries or exposed to specific hazards. Periodic and pre-employment exams are conducted by the ONMT or designated healthcare providers. In some cases, monitoring of workers' exposure to hazardous substances through blood or urine tests might be required.

Emergency Preparedness

Emergency preparedness is another important aspect of OHS. Employers must provide first-aid supplies and trained personnel. Procedures for safe evacuation in case of fire or other emergencies must be established and practiced. Specific requirements exist for reporting and investigating work-related accidents and injuries.

Workplace inspections are a crucial tool in maintaining a safe and healthy work environment. In Mauritania, these inspections are conducted by the Labor Inspection Services, a department under the Ministry of Public Service, Labor, and Employment Modernization.

Inspection Criteria

The inspections focus on several key areas:

• General Workplace Conditions: This includes hygiene, sanitation, ventilation, lighting, and noise levels.
• Hazard Identification: Inspectors look for the presence of chemical, physical, biological, and ergonomic risks.
• Safety Measures: The adequacy of machine guarding, fire prevention, emergency procedures, and the use of Personal Protective Equipment (PPE) are assessed.
• Record-keeping: Inspectors check the maintenance of accident/injury logs, training records, and hazard assessments.
• Worker and OHS Committee Consultations: Interviews with employees and worker representatives regarding safety concerns are conducted.

Inspection Frequency

The frequency of inspections is not fixed and can be influenced by factors such as the industry risk level, worker complaints about unsafe conditions, and the availability of inspectors and resources.

Inspection Process

The inspection process involves several steps:

• Planning: Inspectors review workplace records and previous inspection reports, if available.
• Opening Meeting: The inspector holds a meeting with the employer or representative to explain the inspection purpose and scope.
• Walkthrough: A detailed inspection of the workplace is conducted, involving observations, measurements, and worker interviews.
• Closing Meeting: The inspector discusses findings and preliminary recommendations with the employer.
• Inspection Report: A formal report is prepared, summarizing findings and including citations for violations or recommendations.

Follow-up Actions

After the inspection, several follow-up actions may be taken:

• Corrective Actions: The employer is given a timeframe to address violations and submit a corrective action plan.
• Penalties: In cases of serious or repeated violations, the Labor Inspectorate can impose fines or administrative sanctions.
• Re-inspections: Follow-up inspections may be conducted to verify if corrective actions have been implemented.

Worker Participation

Workers and their representatives have the right to participate in inspections and accompany inspectors, providing valuable insights into potential hazards.

Workplace accidents are a serious matter that require immediate attention. Employers are legally obligated to report serious accidents and occupational diseases to the relevant authorities as soon as possible. Even minor accidents must be recorded internally for potential future reference.

Employer's Role in Investigation

The employer plays a crucial role in the aftermath of a workplace accident. They are responsible for conducting an initial investigation to identify the root causes of the accident and determine corrective measures for prevention. In cases of serious accidents or fatalities, a more in-depth investigation is conducted by the Labor Inspectorate. This can involve interviews with workers, witnesses, and expert analysis.

The Purpose of Investigations

Investigations serve multiple purposes. They help identify the underlying causes of the accident to implement corrective measures to prevent similar incidents from happening. They also help determine if there was negligence or breach of regulations, which could lead to sanctions. Furthermore, findings from investigations play a crucial role in supporting workers' compensation claims.

Compensation Claims

Workers suffering from work-related accidents or illnesses are entitled to compensation benefits administered by the CNSS. The types of compensation include coverage for medical treatment related to the injury/illness, benefits paid during the period the worker cannot work due to the injury, compensation for long-term or permanent impairments, and benefits provided to survivors of workers who die from occupational injuries or diseases. To claim these benefits, workers must submit a claim to the CNSS, including supporting documentation such as medical reports and accident investigations.

Important Considerations

There are specific timeframes for reporting accidents and filing compensation claims. Workers cannot be dismissed or penalized for reporting workplace accidents or filing compensation claims. It's important to be aware of these rights and responsibilities in the event of a workplace accident.