Health and safety laws in Mauritius are primarily governed by the Occupational Safety and Health Act 2005 (OSH Act). This act outlines the responsibilities for the safety, health, and welfare of employees within the workplace. The OSH Act is supplemented by specific regulations such as the Occupational Safety and Health (Fees and Registration) Regulations 2007, Occupational Safety and Health (Electricity at Work) Regulations 2009, and Occupational Safety and Health (Employees' Lodging Accommodation) Regulations 2011.

The Employment Rights Act 2008 also contains provisions that intersect with health and safety, particularly in areas like working hours and protections for specific employee groups. Depending on the industry or specific hazards, additional laws like the Public Health Act (Cap. 277) and Environment Protection Act 2002 might apply.

Institutions & Government Bodies

The Ministry of Labour, Human Resource Development and Training oversees labor policy in Mauritius, including occupational safety and health matters. The Occupational Safety and Health Division within the Ministry is responsible for enforcing the OSH Act, conducting inspections, providing guidance, and promoting health and safety in workplaces.

Employer Responsibilities

Employers have a general duty of care under the OSH Act to ensure the safety, health, and welfare of their employees while at work. This includes providing and maintaining safe systems of work, conducting risk assessments, providing adequate training and information on workplace hazards, providing appropriate Personal Protective Equipment (PPE) at no cost to employees, reporting serious accidents, diseases, and dangerous occurrences to the Occupational Safety and Health Division, and establishing a Health and Safety Committee for larger organizations.

Employee Responsibilities

Employees also have duties under the OSH Act. They are required to take reasonable care for their own safety and that of others, cooperate with employers, and not interfere with or misuse safety devices.

Specific Provisions

The OSH Act and its regulations cover a wide range of health and safety aspects, including first aid and medical facilities, fire and emergency preparedness, noise and vibration control, hazardous substances management, construction site safety, ergonomics and manual handling, and workplace welfare.

Enforcement & Penalties

The Occupational Safety and Health Division conducts inspections to ensure compliance with the OSH Act. Employers who violate the provisions of the law may be subject to improvement notices, prohibition notices, and prosecution, which can result in fines and potential imprisonment.

Occupational health and safety (OHS) is a crucial aspect of any workplace, and in Mauritius, it is governed by the Occupational Safety and Health Act (2005) and the Occupational Safety and Health Regulations (2007). These laws outline the responsibilities of employers, employees, and the government in ensuring workplace safety and health.

Occupational Safety and Health Authority

The Ministry of Labour, Human Resource Development and Training oversees OHS in Mauritius. The Occupational Safety and Health Division under this ministry is responsible for enforcing OHS legislation, providing guidance and support, and promoting OHS awareness.

Employer Responsibilities

Employers in Mauritius have a legal duty to ensure the safety, health, and welfare of their employees. This includes providing a safe workplace, providing training and information, consulting with employees, and establishing an OHS management system.

Employee Rights and Responsibilities

Employees in Mauritius have the right to a safe and healthy workplace, refuse dangerous work, participate in OHS matters, and report workplace hazards. They also have the responsibility to follow safe work practices, use safety equipment properly, and report any accidents or incidents.

Key Areas of Occupational Health and Safety

Key areas of OHS include hazard identification and risk assessment, hazard control, emergency preparedness and response, fire safety, chemical safety, ergonomics, and occupational health services.

Workplace inspections are crucial in maintaining occupational health and safety standards across Mauritius. They help in proactive hazard identification, risk assessment, compliance assurance, triggering corrective actions, and promoting continuous improvement.

Inspection Procedures

Workplace inspections in Mauritius generally follow a structured approach:

Planning Phase

The planning phase involves determining the scope of the inspection, developing checklists, and assembling the team.

Inspection Execution

The execution phase includes an opening meeting, a workplace walkthrough, and documenting findings.

Reporting & Follow-up

The reporting and follow-up phase involves preparing the report, developing a corrective action plan, communication & transparency, and monitoring & verification.

Inspection Criteria

Workplace inspections in Mauritius assess a wide range of factors including physical hazards, chemical hazards, biological hazards, ergonomic hazards, fire safety, first aid & emergency preparedness, and personal protective equipment (PPE).

Inspection Frequency

The Occupational Safety and Health Act (2005) doesn't prescribe a fixed inspection frequency. Factors such as industry and risk level, specific regulations, and incident history should be considered when determining inspection schedules.

Inspecting Authorities

The Occupational Safety and Health Division (Ministry of Labour) has the authority to conduct unannounced workplace inspections and enforce regulations. Employers are also encouraged to establish internal inspection programs and safety committees.

In Mauritius, there are strict protocols for reporting workplace accidents to ensure swift action and facilitate investigations. Employers have several reporting obligations under the Occupational Safety and Health Act (2005). Fatal accidents and dangerous occurrences must be reported immediately to the nearest office of the Occupational Safety and Health Division and to relevant authorities. Accidents causing absence from work for over three days must be reported within seven days using the prescribed form. Occupational diseases must also be reported to the Occupational Safety and Health Division.

Reporting Method and Record Keeping

Accident reports are typically submitted to the Occupational Safety & Health Division under the Ministry of Labour, Human Resource Development and Training. Employers are also obligated to maintain a register of all workplace accidents and occupational diseases, even those not involving lost work time.

Investigation Processes

Workplace accident investigations in Mauritius aim to identify root causes and prevent similar incidents in the future. The employer is primarily responsible for investigating accidents. However, the Occupational Safety and Health Division may also conduct its investigations, particularly for serious or complex cases. Investigations focus on determining the immediate causes of the accident and underlying contributing factors, and identifying corrective actions and control measures to prevent recurrence.

Compensation Claims

Employees injured in workplace accidents or those who contract occupational diseases in Mauritius may be entitled to compensation. Compensation may include coverage for costs of treatment and rehabilitation, payment for lost wages during recovery, compensation for long-term or permanent impairments, and death benefits payable to dependents in cases of fatal accidents. Injured employees must promptly notify their employer of the accident or diagnosis of an occupational disease, obtain medical treatment and relevant documentation, and file a claim with the employer or the employer's insurer. The Occupational Safety and Health Division may guide the process.

Workers' Compensation System

Mauritius has a social security system that provides compensation for workplace injuries and diseases. However, employers may also obtain additional private insurance.