The Constitution of the Republic of Mozambique establishes the fundamental right of workers to safe and hygienic working conditions. This is further supported by the Labor Law (Law No. 23/2007), which is the primary legislation governing labor relations, including health and safety provisions. There are also sector-specific regulations that focus on health and safety in particular industries.

Employer Responsibilities

Employers in Mozambique have several responsibilities under the law. They are required to conduct thorough risk assessments in the workplace to identify potential hazards and implement corrective measures. They must also implement appropriate technical, organizational, and personal protective measures to mitigate risks and prevent accidents or diseases.

Employers are also required to inform workers about workplace hazards and provide them with adequate safety training. They must maintain a record of workplace accidents and diseases and report them to relevant authorities. Additionally, they must provide medical check-ups for workers as required by the nature of work and specific regulations. Employers must also have adequate first aid supplies and plans in place for emergencies.

Worker Responsibilities

Workers also have responsibilities under the law. They must follow established health and safety protocols and instructions provided by the employer. They are required to properly utilize personal protective equipment and report any unsafe conditions or potential hazards to the employer. Workers are also expected to take part in safety training and other health and safety initiatives provided by the employer.

Specific Health and Safety Considerations

There are specific health and safety considerations in Mozambique's laws. Regulations address the prevention, diagnosis, and compensation of occupational diseases. Employers cannot discriminate against workers with HIV/AIDS. Mozambique is also committed to improving health and safety in the mining sector, with specific regulations and initiatives in place.

Occupational Health and Safety (OHS) standards in Mozambique are influenced by a blend of Portuguese colonial-era legislation and modern international standards. The country has ratified several significant International Labour Organization (ILO) conventions relevant to OHS. Additionally, the Labor Law (Law No. 23/2007) and its associated regulations establish minimum OHS requirements. Certain industries, such as mining or construction, have additional OHS standards tailored to their unique risks.

Risk Assessment and Control

Employers in Mozambique are required to systematically identify workplace hazards through risk assessments. The regulations promote a hierarchical approach to risk control, with a preference for eliminating hazards, substituting with less hazardous options, engineering controls, administrative controls, and using Personal Protective Equipment (PPE) as the last resort.

Information, Training, and Consultation

Workers are entitled to receive OHS training relevant to their jobs on a regular basis. They also have the right to know about workplace hazards and the protective measures in place. The promotion of worker consultation and participation in safety committees or similar mechanisms is encouraged.

Occupational Health Surveillance

Employers are obliged to organize pre-employment and periodic health checkups for workers, depending on the nature of their work. The Labor Law acknowledges the importance of workplace monitoring for harmful substances and environmental factors.

Incident Reporting and Investigation

Employers have a duty to record and report work-related accidents and occupational diseases. Incident investigations aim to identify root causes and corrective actions.

Challenges and Areas for Improvement

The enforcement of OHS regulations often faces resource and capacity constraints. The large informal sector in Mozambique poses challenges in ensuring widespread adherence to even the minimum OHS standards. Some areas of OHS in Mozambique may still be governed by older legislation, which might not fully reflect current best practices.

Workplace inspections play a crucial role in enforcing standards, identifying potential hazards, and raising awareness about occupational risks. The General Labour Inspectorate (IGT) is the primary body responsible for conducting these inspections in Mozambique. IGT inspectors have the authority to enter workplaces without prior notice, examine facilities, request relevant documentation, interview workers and employers, and issue enforcement notices and fines.

The Scope of Inspections

Workplace inspections typically cover several key areas. These include compliance with occupational health and safety regulations, the handling of hazardous substances, machinery and equipment safety, workplace environment conditions, emergency preparedness, and documentation and record keeping.

Frequency of Inspections

While there is no fixed schedule for inspections, the frequency is often determined by the perceived level of risk in the workplace. High-risk industries and workplaces with a history of non-compliance may be subject to more frequent inspections. Additionally, complaints lodged by workers or reports of serious accidents can trigger targeted inspections by the IGT.

Follow-Up Actions After Inspections

If violations are found during an inspection, the IGT can take several follow-up actions. These can include issuing enforcement notices that require corrective actions within a specified timeframe, imposing fines for non-compliance, and in severe cases, ordering a temporary work stoppage or workplace closure until hazardous conditions are mitigated.

Workplace accidents are a serious concern that employers must address promptly. Employers are legally obligated to report such incidents to the relevant authorities. Serious accidents or fatalities must be reported within 48 hours, while less severe accidents should be reported quarterly. Employers are also required to maintain detailed records of these incidents.

Reporting Requirements

Employers must report serious accidents or fatalities to the General Labour Inspectorate (IGT) within 48 hours. Less severe accidents that result in downtime for the worker should be reported quarterly to the IGT. Detailed records of workplace accidents, including the circumstances, injuries sustained, and corrective actions taken, must be maintained by employers.

Investigation Processes

Employers are initially responsible for conducting investigations into workplace accidents to identify root causes and implement preventive measures. The IGT may initiate its own investigations, particularly in cases of serious accidents, fatalities, or suspected negligence. Investigations typically aim to determine the immediate and underlying causes of the accident, identify any violations of regulations, and recommend measures to prevent similar incidents in the future.

Compensation Claims

The Social Security system in Mozambique includes mandatory insurance for occupational injuries and diseases. Depending on the severity of the injury or disease, workers may be entitled to medical expenses, temporary disability benefits, permanent disability benefits, and survivor's benefits (in case of death). Workers generally file claims through the National Institute of Social Security (INSS). Disputes may be addressed by labor courts.

Additional Considerations

There are usually time limits for reporting occupational diseases and filing compensation claims. Workers have the right to refuse to perform unsafe work if there's a serious risk to their health and safety. Employers cannot retaliate against workers for reporting accidents or raising safety concerns.