Senegal has a well-established legal framework for health and safety. The cornerstone of these regulations is the Senegalese Labour Code, which dedicates a specific section to workplace hygiene and safety. Additionally, the General Decree of 1954 outlines general measures for occupational hygiene and safety.

Core Legislation

• The Labour Code of Senegal: This forms the foundation of health and safety regulations in the country.
• General Decree of 1954: This decree remains in force and provides general measures for hygiene and safety.

Key Regulatory Principles

• Employer's Responsibility: Employers in Senegal are primarily responsible for ensuring a safe and healthy work environment. This includes conducting risk assessments, implementing hazard control measures, providing workers with necessary information, training, and personal protective equipment, and establishing and maintaining health services.
• Worker's Rights: Workers in Senegal have several rights related to health and safety, including the right to refuse dangerous work, participate in decision-making, raise concerns, and receive compensation for work-related injuries and illnesses.

Specific Regulations and Standards

Senegal has various regulations and decrees that provide detailed rules on specific aspects of health and safety. These include regulations addressing the handling, storage, and disposal of hazardous chemicals, safety standards for the construction industry, guidelines for the safe operation and maintenance of machinery, and lists of recognized diseases, along with diagnostic and preventative measures.

Enforcement and Oversight

The Ministry of Labour, Social Dialogue, and Relations with Institutions is responsible for enforcing health and safety laws and regulations. Labor inspectors are empowered to conduct inspections, issue citations, and order corrective actions where necessary.

Despite having a legal framework for health and safety, challenges remain in effective implementation and enforcement. There is a continuous effort to improve standards and align them with international practices.

Occupational health and safety (OHS) standards and practices in Senegal are guided by a combination of national legislation and international best practices.

Workplace Hazard Prevention and Control

Employers in Senegal are obligated to identify and assess workplace hazards on an ongoing basis. This forms the foundation for implementing risk control measures. Senegalese regulations encourage the use of the hierarchy of controls for mitigating hazards, which includes elimination, substitution, engineering controls, administrative controls, and personal protective equipment (PPE). There are also sector-specific regulations for areas like construction, mining, and manufacturing that outline detailed safety practices to follow.

Occupational Health Services

Employers must establish preventive occupational health services within or accessible to their workplaces. These services include pre-employment and periodic medical examinations, workplace health monitoring and surveillance, first aid and emergency response, and health promotion and awareness programs.

Worker Training and Information

Employers must provide workers with adequate OHS training tailored to their job tasks and the hazards they may encounter. Training should cover hazard identification and risk control, safe work procedures and practices, emergency procedures, and the use of personal protective equipment (PPE).

Worker Participation and Consultation

The Labor Code mandates the establishment of health and safety committees in workplaces with a specific number of employees. These committees provide a platform for worker participation in OHS matters. Workers also have the right to know about workplace hazards and the measures in place to protect them.

Recordkeeping and Reporting

Employers are required to maintain detailed records of workplace accidents, injuries, and illnesses. Serious incidents must be reported to the Ministry of Labour and relevant authorities in a timely manner.

Labor inspections are a critical component in maintaining and promoting occupational health and safety (OHS) standards in Senegal. These inspections are carried out by labor inspectors who operate under the Ministry of Labour, Social Dialogue, and Relations with Institutions. Their mandate, as outlined in the Labor Code of Senegal (Article L. 260), includes assessing compliance with OHS laws and regulations, investigating workplace accidents and potential safety violations, advising employers and workers on OHS improvement, and issuing citations and penalties for non-compliance.

Role of Labor Inspectors

Labor inspectors have a variety of key functions:

• Assessing compliance with OHS laws and regulations, including risk control measures.
• Investigating workplace accidents and potential safety violations.
• Advising employers and workers on OHS improvement.
• Issuing citations and penalties for non-compliance.

Inspection Procedures

There are several types of inspections:

• Routine Inspections: Scheduled examinations to proactively assess OHS conditions.
• Complaint-based Inspections: Inspections triggered by specific complaints or concerns raised by workers or unions.
• Accident Investigations: In-depth inspections following serious workplace accidents or fatalities.

The inspection process involves:

1. Planning: Inspectors review relevant regulations and workplace information.
2. On-site Examination: Includes walkthrough, interviews with management and employees, and review of records and documentation.
3. Inspection Report: Inspectors detail their findings, identify violations, and may propose corrective actions.
4. Enforcement Actions: Range from warnings and citations to fines or, in severe cases, orders to suspend operations.

Inspection Criteria

Inspections focus on various OHS aspects outlined in Senegalese regulations:

• Hazard Identification and Control: Presence and implementation of risk assessments, safety procedures, and control measures.
• Machine Guarding and Equipment Safety: Proper safeguards in place, and equipment in safe condition.
• Emergency Preparedness: Adequacy of first aid, evacuation plans, and fire safety equipment.
• Chemical Safety: Safe handling, storage, and labeling of hazardous materials.
• Personal Protective Equipment (PPE): Availability and use of appropriate PPE.
• Occupational Health Services: Implementation and effectiveness of health surveillance and monitoring.
• Worker Training and Information: Evidence of adequate OHS training and awareness programs.

Inspection Frequency

The frequency of workplace inspections in Senegal varies depending on factors such as:

• Industry and Hazard Level: High-risk sectors may undergo more frequent inspections.
• Complaint History: Workplaces with past violations might be subject to closer scrutiny.
• Resource Availability: The number of labor inspectors and competing priorities can influence inspection schedules.

Follow-Up Actions

• Employer's Obligation: Employers are legally required to address violations and implement corrective actions within the timeframe specified in the inspection report.
• Re-inspections: Inspectors may conduct follow-up visits to verify compliance.
• Persistent Violations: Serious or repeated non-compliance may result in escalating penalties, including fines, temporary closures, or legal action.

In Senegal, protocols for addressing workplace accidents emphasize prompt reporting, thorough investigations, and ensuring workers receive appropriate compensation.

Reporting Requirements

Employers are obligated to report any workplace accident that results in injury, illness, or death to the labor inspector of their jurisdiction and the Social Security Fund responsible for work-related injuries. Serious accidents must be reported immediately, while other accidents should be reported within 48 hours of occurrence. The report should detail the circumstances of the accident, the nature and extent of injuries, the identity of the injured worker(s), and the immediate actions taken by the employer.

Investigation Procedures

Labor inspectors are tasked with investigating workplace accidents to determine the cause and identify any breaches of regulations. The investigation includes an examination of the accident scene, interviews with witnesses and relevant personnel, a review of safety procedures, training records, and equipment maintenance logs, and a determination of contributing factors and potential corrective actions.

Compensation Claims

The Social Security Fund administers Senegal's work injury insurance program, providing compensation to workers injured in the course of employment. Compensation types include coverage for medical expenses, temporary disability benefits, permanent disability pensions or lump-sum payments, and death benefits for dependents of workers fatally injured at work.

The claim process involves the injured worker or their representative filing a claim with the Social Security Fund. The Fund then reviews the claim, including accident reports and medical evidence, to determine eligibility and the amount of compensation.

Regulatory References

The Labour Code of Senegal, decrees and regulations issued by the Ministry of Labour and Social Security, and the Social Security Fund guidelines provide detailed specifications on work-injury compensation and related procedures.