Pakistan has a comprehensive framework of laws aimed at protecting public health and ensuring safety. These laws are enforced by federal and provincial governments, with some variation across provinces.

Health and Safety Laws

National Framework

The Pakistan Occupational Health and Safety Act, 2018 (POHSA 2018) establishes the foundation for health and safety regulations in Pakistan. It mandates employers to provide a safe work environment free from recognized hazards.

Provincial Legislation

Each province in Pakistan has enacted its own health and safety legislation in recent years:

• Sindh Occupational Safety and Health Act, 2017
• Punjab Occupational Safety and Health Act, 2019
• Khyber Pakhtunkhwa Occupational Safety and Health Act, 2022
• Balochistan Occupational Safety and Health Act, 2022

These provincial acts address specific concerns relevant to their jurisdictions and complement the national POHSA framework.

Other Relevant Laws

• Factories Act, 1934: This long-standing act regulates safety standards in factories, including provisions for ventilation, sanitation, and working hours.
• Mines Act, 1923: This act focuses on safety measures in the mining sector.
• Dock Workers Act, 1934: This act protects the safety of workers employed in dock areas.

Public Health Laws

Pakistan has a vast array of laws promoting public health:

• The National Institute of Health Ordinance, 1980: Establishes the National Institute of Health (NIH) as a leading public health agency.
• Food Laws: A range of laws regulate food safety, including the Pakistan Pure Food Ordinance, 2002, and the Punjab Food Authority Act, 2014.
• Control of Communicable Diseases Laws: These laws address the prevention and control of infectious diseases.
• Prohibition of Smoking and Substance Abuse Laws: Regulations aim to curb tobacco use and other harmful substances.
• Environmental Protection Act, 1997: This act promotes a healthy environment by regulating pollution and waste management.

Occupational Health and Safety (OSH) in Pakistan is enforced through a combination of legal requirements and recommended best practices. The key elements of this enforcement include the identification and elimination of hazards, provision of a safe work environment, development of OSH policies, provision of training and personal protective equipment, and reporting of accidents and injuries.

Identification and Elimination of Hazards

Employers are required to proactively identify potential hazards in the workplace and take steps to eliminate or control them. This involves a thorough assessment of the workplace environment and the implementation of measures to mitigate identified risks.

Provision of Safe Work Environment

Employers have a legal duty to provide a safe work environment free from recognized hazards likely to cause injury or illness. This includes ensuring that all equipment and machinery are in good working condition and that employees are adequately protected from potential harm.

Development of OSH Policies

Employers are required to establish and implement a documented Occupational Health and Safety Management System (OHSMS). This system should outline safety procedures and risk mitigation plans, providing a clear framework for maintaining a safe and healthy workplace.

Provision of Training and Personal Protective Equipment

Employers must train workers on identified hazards, safe work practices, and the proper use of Personal Protective Equipment (PPE). This ensures that employees are aware of potential risks and know how to protect themselves effectively.

Reporting of Accidents and Injuries

Work-related accidents and injuries must be reported to the relevant authorities. This allows for the monitoring of workplace safety and the implementation of necessary improvements.

In addition to these legal requirements, there are also recommended best practices that aim to create a comprehensive OSH culture. These include regular risk assessment and management, active employee participation, emergency preparedness and response, and continuous improvement in workplace safety.

Workplace inspections are a vital part of enforcing occupational safety and health (OSH) regulations in Pakistan. These inspections help identify potential hazards, ensure legal compliance, and foster a safety culture.

Inspection Authority

Provincial Labour Departments are responsible for conducting workplace inspections. These departments employ inspectors who specialize in occupational safety and health.

Inspection Criteria

Workplace inspections are typically based on a set of criteria outlined in national and provincial OSH legislation. These include:

• General Workplace Safety: Evaluating the adequacy of the work environment, lighting, ventilation, and housekeeping practices.
• Hazard Identification and Control: Assessing the employer's efforts to identify and mitigate workplace hazards.
• Emergency Preparedness: Checking the existence and effectiveness of emergency response plans for fire, accidents, and other emergencies.
• Machine Guarding: Ensuring proper guarding of machinery and equipment to prevent worker injuries.
• Chemical Safety: Checking the safe storage, handling, and disposal of hazardous chemicals.
• Personal Protective Equipment (PPE): Checking the provision and proper use of appropriate PPE for workers.
• Worker Training: Reviewing the documentation and effectiveness of training programs for workers on safety procedures and hazard awareness.
• Recordkeeping: Checking the employer's maintenance of accurate records of accidents, injuries, and OSH inspections.

The specific inspection criteria may vary depending on the industry and potential hazards involved.

Inspection Frequency

The frequency of workplace inspections can vary based on the level of perceived risk in a particular workplace. High-risk workplaces, such as factories with heavy machinery or those dealing with hazardous materials, are generally inspected more frequently than low-risk offices.

Inspection Procedures

Workplace inspections in Pakistan typically follow a defined procedure:

1. Pre-inspection Notification: The inspector usually notifies the employer in advance of an inspection.
2. Inspection: The inspector visits the workplace, conducts a walkthrough, reviews relevant documentation, and interviews workers.
3. Findings and Recommendations: After the inspection, the inspector prepares a report outlining their findings, any identified violations of OSH regulations, and recommendations for corrective actions.
4. Follow-up Actions: Depending on the severity of the violations, the inspector may issue a warning notice, impose a fine, or order the closure of the workplace until necessary corrective actions are taken.

Employers have the right to appeal any inspection findings or enforcement actions.

Importance of Cooperation

Employers who actively cooperate with inspectors and demonstrate a commitment to workplace safety can create a more positive and productive inspection experience. By proactively addressing potential hazards and maintaining a safe work environment, employers can minimize the risk of enforcement actions and ensure the well-being of their workforce.

Workplace accidents can occur despite preventive measures. In Pakistan, protocols have been established to ensure proper reporting, investigation, and potential compensation for these accidents.

Reporting Requirements

Employers are mandated to report workplace accidents and injuries. The timelines for reporting vary depending on the severity of the accident:

• Fatal Accidents: Must be reported immediately to the nearest police station, relevant provincial Labour Department, and Social Security Institution (SSI).
• Serious Injuries: Those causing hospitalization for more than 48 hours must be reported within 24 hours to the aforementioned authorities.
• Occupational Diseases: Employers must report any diagnosed work-related illnesses to the provincial Labour Department and SSI.

Employers are also required to maintain a record of all workplace accidents and injuries. This record must be made available to inspectors upon request.

Accident Investigation

After an accident report, the provincial Labour Department may conduct an investigation to determine the cause of the accident and identify any potential violations. The investigation may involve:

• Site Visit: Inspectors may visit the accident scene to examine physical evidence and assess workplace conditions.
• Witness Interviews: Statements may be taken from employees who witnessed the accident or have relevant information.
• Document Review: The employer's documentation, including safety policies, training records, and accident reports, may be scrutinized.

The purpose of the investigation is not solely to assign blame but to identify preventive measures to prevent similar accidents in the future.

Compensation Claims

Workers injured in work-related accidents may be entitled to compensation under various schemes:

• Employees' Old-Age Benefits Institution (EOBI): Provides benefits for work-related injuries and disabilities under the Employees' Social Security (ESS) Scheme, 1975.
• Workers' Compensation Scheme: This scheme, managed by provincial Labour Departments, may provide additional compensation for death or permanent disability resulting from a workplace accident.
• Civil Lawsuit: In some cases, workers may have the right to file a civil lawsuit against the employer for negligence if the accident resulted from the employer's failure to provide a safe work environment.

The specific compensation an injured worker receives will depend on the severity of the injury, their earning history, and the applicable compensation scheme.