Myanmar's health and safety legislation is primarily governed by the Occupational Safety and Health Law of 2019, the Factories Act of 1951, and the Shops and Establishments Law of 2016. These laws establish a broad framework for employer and employee responsibilities, with a focus on preventing hazards, maintaining a safe workplace, providing necessary information and training, conducting risk assessments, and ensuring the proper use and maintenance of Personal Protective Equipment (PPE).

Employer Responsibilities

Employers are generally required to take all reasonably practicable steps to prevent workplace hazards that could lead to injury, illness, or death. They must provide and maintain a workplace, along with equipment and systems, that are as safe as reasonably possible. They are also required to supply workers with necessary information, instructions, and training on health and safety matters relevant to their work. Employers must conduct workplace risk assessments and establish controls to mitigate safety risks. They must provide PPE as required and ensure its proper use and maintenance. Additionally, they are required to report injuries, dangerous occurrences, and occupational diseases to the relevant authorities.

Employee Responsibilities

Employees are required to take reasonable care to protect their own health and safety along with that of their coworkers. They must follow provided health and safety instructions and training guidelines. They are also required to wear and correctly use all required personal protective equipment. Furthermore, they must report any accidents, injuries, or dangerous occurrences to supervisors.

Specific Health and Safety Requirements

Myanmar's laws detail requirements for certain aspects of workplace health and safety. These include guidelines for the safe storage, handling, and use of hazardous chemicals and substances, appropriate guarding and maintenance of machinery, measures to prevent fires and protect workers in the event of fire, and the provision of first aid facilities and trained personnel.

Enforcement and Penalties

Government-appointed inspectors can enter workplaces to conduct inspections and ensure compliance with health and safety laws. Violators can face fines, imprisonment, or both. Penalties are outlined in the relevant legislation.

Limitations and Challenges

Some laws, such as the Factories Act 1951, have not been substantially updated in decades. Enforcement capacity can be limited, leading to inconsistent implementation of health and safety standards across workplaces. A substantial portion of Myanmar's economy is informal, where legal protections are often less robust. Lack of awareness about health and safety laws and best practices among both employers and workers remains a challenge.

Occupational health and safety standards in Myanmar promote a risk-based approach. Employers are encouraged to identify workplace hazards, assess the associated risks, and implement controls to mitigate them. The hierarchy of controls, as suggested by the ILO's Myanmar National Occupational Safety and Health Profile, includes elimination, substitution, engineering controls, administrative controls, and the use of Personal Protective Equipment (PPE).

Workplace Conditions

Workplace conditions are regulated to ensure the safety and health of employees. Adequate ventilation is required to maintain air quality and reduce exposure to airborne hazards. Workplaces must be kept clean, minimizing risks from dust, waste, and unsanitary conditions. Suitable and sufficient lighting is also a requirement. Regulations exist to prevent overcrowding, ensuring adequate space for workers.

Hazards and Controls

Chemical Hazards

Hazardous chemicals must be properly labeled with hazard pictograms and warnings. Material Safety Data Sheets (MSDS) must be available. Guidelines are outlined for safe storage and handling practices to prevent exposure, spills, and accidents.

Physical Hazards

Employers must protect workers from harmful noise levels, potentially requiring hearing protection or noise reduction measures. Dangerous moving machinery parts must be securely guarded. Measures are required to prevent falls from heights, such as guardrails or safety harnesses.

Fire Safety

Factories must have measures to reduce fire risks, including proper storage of flammables and electrical safety. Fire extinguishers and other equipment must be readily available. Clear, unobstructed emergency exits with signage are required.

Ergonomics

The ILO Myanmar National Occupational Safety and Health Profile recognizes the need for ergonomic principles: designing work tasks and equipment to prevent musculoskeletal disorders.

Occupational Health

Some laws require pre-employment and periodic medical examinations for workers in specific industries. In certain hazardous sectors, health monitoring, including biological monitoring for exposure levels, might be required. There are provisions for reporting and compensating recognized occupational diseases.

Workplace inspections are a crucial part of maintaining a safe and healthy work environment. In Myanmar, the primary agency responsible for these inspections is the Factories and General Labour Laws Inspection Department (FGLLID), under the Ministry of Labour. Other sectors, such as mining and construction, may have additional inspection mechanisms through relevant ministries.

Inspection Authority

Inspectors have broad powers to enter workplaces without prior notice during working hours. Their investigation powers include examining facilities, equipment, and work processes, questioning employers and workers, reviewing relevant documents, and collecting samples for testing.

Inspection Criteria

Inspections broadly focus on compliance with the Occupational Safety and Health Law, the Factories Act, and other relevant sector-specific regulations. Inspectors may examine the adequacy of machine guarding, ventilation, lighting, emergency exits, measures to control chemical, physical, ergonomic, and biological hazards, fire prevention, first-aid facilities, personal protective equipment, and maintenance of accident, injury, and occupational disease records.

Inspection Frequency

Myanmar does not have a mandated regular inspection frequency for all workplaces. Inspection efforts tend to be prioritized for workplaces deemed higher-risk, such as industries known for hazards or workplaces with a history of incidents. Inspections can also be triggered by complaints from workers or reports of serious accidents or dangerous occurrences.

Inspection Procedures

While inspections can be unannounced, inspectors may provide some notice. The inspection usually begins with an opening meeting where the inspector explains the purpose and scope of the inspection. This is followed by a walk-through of the workplace, interviews with workers and management, and examination of relevant documents. The inspection concludes with a closing meeting where the inspector summarizes preliminary findings and potential violations.

Follow-up Actions

If violations are found, the inspector may issue a written notice requiring the employer to fix them within a specific timeframe. For serious or repeated violations, the inspector can initiate enforcement actions in accordance with relevant laws, such as orders to cease dangerous operations, fines, and potential prosecution and imprisonment in severe cases.

Challenges and Limitations

The FGLLID has faced capacity constraints, limiting its ability to conduct comprehensive, proactive inspections across Myanmar. Informal workplaces present a significant challenge due to difficulty identifying them and the limited reach of regulation.

Workplace accidents are a serious concern that require immediate attention and appropriate action. Employers are legally obligated to report such incidents, including dangerous occurrences and occupational diseases, to the relevant authorities. The reporting deadlines vary depending on the severity of the incident. Fatal accidents or serious injuries must be reported immediately, while other incidents have less immediate, but still strict, deadlines.

Accident Investigation

Employers are generally responsible for conducting internal investigations into workplace accidents, especially minor ones, to identify causes and prevent recurrence. Government inspectors may investigate more severe accidents or those with potential for wider implications. The focus of these investigations is to establish the facts of the accident, identify root causes, and recommend corrective actions.

Workers' Compensation

The Social Security Law provides the foundation for compensation for work-related injuries and occupational diseases in Myanmar. Covered workers who are injured or contract an occupational disease on the job are generally eligible for benefits. These benefits can include medical treatment and rehabilitation, temporary disability benefits, permanent disability benefits, and survivor's benefits in the case of a fatality.

Claim Process

The claim process begins with the worker or their family promptly notifying the employer of the injury or illness. The employer then submits the necessary claims paperwork to the Social Security Board. Workers are usually assessed by a Social Security medical professional to determine the nature and extent of the disability. The Social Security Board determines the eligibility and level of compensation benefits.

Challenges and Limitations

There are several challenges and limitations associated with workplace accidents. Limited awareness of workers' rights and the compensation system can hinder rightful claims. Inconsistencies in the implementation of accident reporting and investigation mechanisms exist. Additionally, compensation benefits may not always be sufficient to fully cover medical expenses and lost wages.