Somalia's health and safety legislation is still in its developmental stages, facing challenges due to ongoing regional instability. The key elements and laws that influence the country's health and safety regulations include the Labour Code (Act No. 31 of 2004: Private Sector Act), which is the primary legislation addressing safety and health. Other relevant legislation includes environmental laws and public health laws, which may contain provisions related to workplace health and safety.

Core Provisions of Somali Health and Safety Laws

Employers in Somalia have a key duty to ensure the safety and health of workers. This includes providing a safe working environment, supplying personal protective equipment (PPE) when necessary, providing training on safe work practices, implementing measures to prevent accidents and illnesses, and monitoring the workplace for hazards. Workers have the right to work in a safe and healthy environment, refuse hazardous work, report unsafe conditions, and receive information and training. They also have a responsibility to follow safety guidelines and use PPE.

Regulatory Bodies

The Ministry of Labour and Social Affairs (MoLSA) is the primary agency responsible for overseeing the implementation and enforcement of labour laws, including those related to safety and health. MoLSA has a dedicated Occupational Safety and Health Department. Depending on the sector, other ministries may have some role in safety and health regulation, such as the Ministry of Health and the Ministry of Environment.

Challenges in Implementation

Somalia faces several challenges in effectively implementing health and safety laws. These include limited resources and capacity within the government and regulatory agencies, a significant portion of Somalia's economy being informal, and ongoing instability and conflict in parts of the country.

Developments and Future Outlook

The Somali government is making efforts to improve the safety and health framework with support from organizations such as the International Labour Organization (ILO). Priorities include developing a National Safety and Health Policy and dedicated safety and health legislation, strengthening enforcement capacities, and launching awareness-raising campaigns targeting employers and workers on safety and health rights and responsibilities.

Occupational safety and health (OSH) standards in Somalia are not comprehensive or codified. Guidance is provided by the Labour Code (Act No. 31 of 2004: Private Sector Act) and other sector-specific regulations. International standards are also increasingly referred to for best practices.

Workplace Hazards

Common workplace hazards in Somalia include physical hazards (noise, heat, poor lighting, confined spaces), chemical hazards (exposure to dangerous substances), biological hazards (infectious diseases, animal-related dangers), ergonomic hazards (repetitive strain, poor posture), and psychosocial hazards (stress, violence, harassment).

Prevention and Control Measures

Prevention and control measures include risk assessment, where employers are obliged to identify and assess workplace hazards. Engineering controls involve modifying the workplace to eliminate or reduce hazards. Administrative controls implement work procedures, training, and schedules to minimize exposure. Personal protective equipment (PPE) is provided and its use ensured when other controls are insufficient.

Specific Areas of Focus

High-risk sectors in Somalia include construction, with fall hazards, electrical risks, and exposure to dust and noise being major concerns. In agriculture, pesticide exposure, animal-related hazards, and risks associated with machinery are significant issues. The healthcare sector faces challenges with exposure to infectious diseases, needle-stick injuries, and long working hours. Regulation in the informal sector is exceptionally difficult, with workers often facing a wide array of hazards with minimal protection.

The Role of the International Labour Organization (ILO)

The ILO plays a crucial role in supporting the development of OSH in Somalia. They provide technical assistance, helping Somalia build its OSH framework. They also offer capacity building, training government officials, employers, and workers on OSH principles. Additionally, they run awareness campaigns, promoting understanding of OSH rights and responsibilities.

Improving OSH in Somalia

To achieve better occupational safety and health in Somalia, it is necessary to strengthen legislation by developing a dedicated OSH law and detailed standards. Enhanced enforcement is also needed, by building the capacity of labor inspectorates and enforcement mechanisms. Employer and worker engagement is crucial, promoting a culture of safety and shared responsibility through education and training. A focus on protecting vulnerable groups, such as those in the informal sector and high-risk industries, is also important.

Workplace inspections play a vital role in maintaining a safe and healthy work environment. They help identify potential risks and hazards, verify compliance with safety standards, encourage proactive safety measures, and gather data on workplace conditions.

Key Functions of Workplace Inspections

• Hazard Identification: Inspectors proactively identify potential risks and hazards in the workplace.
• Compliance Verification: Inspections verify if workplaces adhere to safety and health provisions and any other relevant regulations.
• Deterrence: The potential for inspections encourages employers to prioritize safety and health proactively.
• Data Collection: Inspections gather data on workplace conditions and trends.

Inspection Procedures

The inspection process typically involves planning and scheduling, notification, on-site inspection, a closing meeting, and a formal report with recommendations for corrective action.

1. Planning and Scheduling: Labor inspectors determine which workplaces to inspect, with priority often given to high-risk industries or those with known complaints.
2. Notification: Employers may or may not receive advance notice of an inspection, depending on the nature and purpose.
3. On-site Inspection:
   • Opening meeting with the employer or representative.
   • Walk-through inspection of the facility, observing work processes, equipment, and conditions.
   • Interviews with workers and review of records.
4. Closing Meeting: The inspector summarizes findings and discusses violations or potential hazards.
5. Report and Recommendations: The inspector prepares a formal report outlining findings and recommendations for corrective action.

Inspection Criteria

During an assessment, inspectors generally consider the physical workplace, equipment and machinery, hazardous substances, ergonomics, personal protective equipment (PPE), and occupational safety and health (OSH) management systems.

Inspection Frequency

The frequency of workplace inspections is often limited by resource constraints. Ideally, high-risk workplaces would undergo more frequent inspections.

Follow-up Actions

After an inspection, follow-up actions may include enforcement orders, penalties, re-inspections, and technical support. Inspectors can issue orders requiring employers to address violations within a specified timeframe, and the Labour Code outlines potential penalties for non-compliance. Inspectors may also conduct follow-up visits to verify if corrective actions have been taken and provide guidance and advice to employers on how to achieve compliance.

Employers in Somalia are required by the Labour Code (Act No. 31 of 2004: Private Sector) to notify the Ministry of Labour and Social Affairs (MoLSA) about serious accidents, occupational diseases, and fatalities in the workplace. The specific procedures and timeframe for reporting are usually outlined in regulations issued by MoLSA. Typically, employers report accidents to the relevant labor inspectorate or MoLSA office, providing details of the incident, nature of injuries, and the affected worker(s).

Investigation Processes

Somalia does not have a well-defined, standardized accident investigation system. However, the employer is primarily responsible for investigating accidents occurring in their workplace, especially those causing serious harm. The investigations aim to determine the root causes of the accident (unsafe conditions, acts, or procedures) and identify measures to prevent similar incidents from happening again. Labor inspectors from MoLSA may become involved in investigating severe accidents or fatalities to determine if there were violations of OSH regulations. Workers or their representatives have the right to be informed about accident investigations, though their formal participation in the process may be limited.

Compensation Claims

Somalia does not have a comprehensive workers' compensation insurance scheme. The Labour Code stipulates that an employer may be liable for compensation if a worker suffers injury or illness due to their work. The amount of compensation in the case of workplace accidents is typically determined through negotiation between the employer and worker or their family. Disputes may be brought before the courts. However, informal employment arrangements and weak enforcement mechanisms often result in workers not receiving adequate compensation for work-related injuries or illnesses.