The Labor Code of Rwanda (Law N°66/2018 of 30/08/2018) is the foundational piece of legislation outlining general rights and responsibilities of both employers and employees. It establishes the framework for workplace safety and mandates employers to safeguard worker health, safety, and well-being. The Ministerial Order n°002/2010 of 17/05/2010 determines the list of occupational diseases, defining recognized occupational diseases for which compensation and preventative measures are outlined.

Employer Obligations

Under Rwandan health and safety laws, employers have the following core obligations:

• General Duty of Care: Employers must take all reasonable measures to safeguard the health, safety, and welfare of their employees while at work (Art 55, Labor Code of Rwanda).
• Risk Assessments: Conducting regular risk assessments to identify and mitigate potential workplace hazards (Art. 3, Ministerial Order No003/2010).
• Safe Work Systems: Developing and implementing safe systems of work, including documented procedures, training materials, and appropriate supervision.
• Provision of PPE: Providing personal protective equipment (PPE) to workers when necessary, and ensuring it is used properly (Art. 60, Labor Code of Rwanda).
• Information and Training: Giving workers clear information, training, and instruction on workplace hazards and safe practices (Art 58, Labor Code of Rwanda).

Worker Rights

Rwandan workers have the following key rights within health and safety laws:

• Right to a Safe Workplace: Workers have the right to work in a safe and healthy environment.
• Right to Information and Training: Workers have the right to receive information, instruction, and training on workplace safety and hazard prevention.
• Right to Refuse Unsafe Work: Workers may refuse to perform work if they have reasonable grounds to believe it poses a serious and imminent risk to their health or safety.
• Right to Participation: Workers have the right to participate in health and safety matters through safety committees or worker representatives (Art. 73, Labor Code of Rwanda).

Specific Areas of Regulation

Rwandan health and safety laws cover a wide range of issues, including:

• Chemical Safety
• Electrical Safety
• Fire Safety
• Ergonomics
• Machinery Safety
• Workplace Violence Prevention
• First Aid
• Sanitation and Hygiene

Enforcement

The Ministry of Public Service and Labour (MIFOTRA) is the main regulatory body responsible for enforcing health and safety laws in Rwanda.

Rwanda's occupational health and safety (OHS) landscape is guided by several key frameworks and standards. The National Occupational Safety and Health Strategy (2019-2024) by the Ministry of Public Service and Labor (MIFOTRA) is a comprehensive strategy that charts the course for Rwanda's OHS improvements. Additionally, Rwanda has ratified the core International Labor Organization (ILO) convention, which establishes principles of national OHS policies, action at the enterprise level, and tripartite cooperation for workplace safety and health.

Workplace Safety Standards

Workplace safety standards in Rwanda include risk assessments, safe systems of work, personal protective equipment (PPE), machine guarding, electrical safety, fire safety, and emergency preparedness. Employers are legally responsible for conducting thorough risk assessments to identify hazards and implement appropriate control measures. They are also required to develop and document safe work procedures, provide and mandate the use of PPE where necessary, ensure moving parts on machinery are guarded, and comply with electrical safety standards. Fire prevention measures, evacuation plans, and fire-fighting equipment must be in place, and plans for responding to various emergencies are also required.

Workplace Health Standards

Workplace health standards in Rwanda cover occupational diseases, chemical safety, occupational hygiene, ergonomics, and workplace mental health. Rwanda maintains a list of recognized occupational diseases for which preventative measures and compensation mechanisms exist. Employers must handle, store, and dispose of hazardous chemicals safely, maintain adequate ventilation, control exposure to dust and noise, and provide sanitary facilities. They are also encouraged to address issues like repetitive strain, awkward postures, and manual handling through training and workplace design. While not explicitly in regulations, Rwanda's OHS Strategy recognizes the growing importance of psychosocial risks and promoting workplace mental well-being.

OHS Management Practices

OHS management practices in Rwanda include OHS committees, training and education, incident reporting and investigation, and OHS auditing. Workplaces with a certain number of employees may be required to establish joint worker-management safety and health committees for collaborating on OHS matters. Regulations mandate employers to provide ongoing OHS training and instruction to workers, particularly on hazards specific to their jobs. Employers must also keep records of work-related accidents, incidents, and near-misses, and serious incidents warrant investigations to determine root causes and prevent recurrence. Organizations may conduct internal or external audits to assess their compliance with OHS standards and identify areas for improvement.

Challenges and Future Directions

Despite progress in OHS, Rwanda faces challenges such as limited resources, particularly in smaller enterprises, and difficulty enforcing OHS standards within the large informal sector. There is also a need for a stronger culture of prevention, with a shift towards proactive risk management and less reliance on reactive measures.

Workplace inspections play a crucial role in maintaining occupational health and safety standards. In Rwanda, labor inspectors from the Ministry of Public Service and Labour (MIFOTRA) are tasked with conducting these inspections. Their main objectives are to verify compliance with regulations, identify potential hazards, educate employers and workers about safety requirements, and enforce corrective actions when necessary.

Inspection Criteria

During workplace inspections, labor inspectors evaluate a variety of factors. These include risk assessments, physical workplace conditions, the state of machinery and equipment, handling of hazardous substances, use of personal protective equipment, fire safety and emergency procedures, accident and incident records, and evidence of worker safety training.

Inspection Frequency

The frequency of workplace inspections in Rwanda is not strictly defined. Factors such as the industry sector, size of the workplace, and reports of violations or hazardous conditions can influence the frequency of inspections.

Inspection Procedures

Inspection procedures typically involve a notice, a walk-through of the workplace, interviews with workers and management, and a report outlining the findings. While routine inspections may be unannounced, inspectors generally provide notice for more complex reviews.

Follow-up Actions

If violations are found during an inspection, inspectors can issue improvement notices, impose fines or other penalties, or even prosecute serious violations in court. In extreme cases, inspectors may order the temporary closure of a workplace or specific operations.

Enhancing Workplace Inspections in Rwanda

Rwanda is committed to strengthening its inspection systems. This includes building inspector capacity, expanding the inspectorate, and utilizing data on workplace risks and past incidents to target inspections more effectively.

Workplace accidents in Rwanda must be reported promptly, as per the country's legal requirements. Employers are required to notify labor inspectors within four days of any serious accident or occupational disease. This includes fatalities, injuries leading to hospitalization or lost work time, and dangerous occurrences (near misses) with potential for serious harm. While there may be an official form, employers can often notify their regional labor inspector via phone, email, or in-person visit. Employers must also maintain internal records of all work-related accidents, incidents, and occupational diseases.

Accident Investigation

Workplace accident investigations aim to determine root causes and prevent future similar incidents. The employer is primarily responsible for conducting accident investigations, with safety committees or worker representatives potentially involved. Labor inspectors may conduct their own investigations, particularly in cases of serious accidents or fatalities. The investigation focuses on immediate events leading to the accident, underlying conditions, equipment failures, or procedural weaknesses, and lack of safety measures or worker training contributing to the incident. Thorough documentation of the investigation process, findings, and recommendations is crucial for follow-up and prevention.

Compensation Claims

Rwanda's social security system provides a mechanism for compensation to workers who suffer work-related injuries or illnesses. The Rwanda Social Security Board (RSSB) administers the Occupational Hazards Insurance scheme, to which employers pay contributions. Workers covered by social security are generally eligible for compensation benefits if the injury or illness arises from their employment. Compensation can include medical expenses, temporary disability benefits (wage replacement), permanent disability benefits, and survivor benefits in cases of death. Workers or their representatives usually initiate a claim with RSSB, providing supporting documentation like medical reports and employer verification.

Additional Considerations

There may be time limits for workers to file compensation claims, and it's advisable to consult with RSSB for specific procedures. Mechanisms exist for disputes over compensation claims. Beyond reporting and compensation, Rwanda's strategy emphasizes preventing workplace accidents through proactive risk management and a strong safety culture.