In Togo, the framework for health and safety is based on various laws, regulations, and international agreements. The primary legislation outlining these rights and responsibilities is the Labor Code (Code du Travail). The Social Security Code (Code de Sécurité Sociale) covers compensation for work-related injuries and illnesses. Togo has also ratified several International Labor Organization (ILO) conventions relevant to health and safety.

Key Responsibilities

Employers are required to take necessary measures to ensure the safety and health of workers, provide appropriate protective equipment and training, establish health services if required by law, report work-related accidents and diseases to relevant authorities, and compensate workers for work-related injuries and illnesses.

Workers, on the other hand, are required to use protective equipment and follow safety instructions, report potential hazards and workplace accidents, and participate in health and safety-related training and committees.

Specific Regulations

Togo has specific regulations for various workplace hazards. These include general hygiene and safety measures, protection against machinery hazards, fire safety, chemical hazards, biological hazards, and construction safety.

Enforcement and Compliance

The Labor Inspectorate is responsible for inspecting workplaces and ensuring health and safety compliance. They can issue warnings, fines, and orders in case of violations. The Social Security System plays a role in monitoring occupational accidents, diseases, and compensation processes.

Challenges and Priorities

Togo faces challenges in improving its health and safety landscape. These include limited resources and capacity, ensuring health and safety for informal workers, and many employers and workers lacking awareness of health and safety rights and responsibilities. Togo needs to prioritize strengthening enforcement mechanisms, capacity building for labor inspectors and other stakeholders, raising awareness through programs for employers and workers, and extending health and safety protections to the informal sector.

Occupational health and safety (OHS) standards are crucial in every workplace to ensure the well-being of employees. These standards cover various aspects, including risk assessment and prevention, workplace hygiene and sanitation, personal protective equipment (PPE), and first aid and emergency measures.

Risk Assessment and Prevention

Employers are required to identify potential hazards, assess the associated risks, and implement control measures to protect the health and safety of their workers.

Workplace Hygiene and Sanitation

Workplaces must maintain a certain level of cleanliness, ventilation, lighting, and sanitary facilities to ensure decent working conditions.

Personal Protective Equipment (PPE)

Employers are obligated to provide PPE suitable for identified hazards and ensure its proper use and maintenance.

First Aid and Emergency Measures

Workplaces must have provisions for first aid and access to emergency medical care in case of accidents.

Specific OHS Standards by Sector

Different sectors have specific OHS standards. For instance, the construction sector has regulations for fall prevention, excavation safety, and electrical safety. The manufacturing sector has standards for machine guarding, handling hazardous chemicals, and noise control. The agriculture sector has regulations for pesticide safety and heat stress prevention.

Occupational Health Services

Employers may be obligated to provide pre-employment and periodic medical examinations for certain jobs. There is also a need for monitoring of occupational illnesses and reporting to competent authorities. Encouraging healthy behaviors and providing health education for workers is also part of workplace health promotion.

Workplace inspections play a crucial role in maintaining a safe and healthy work environment. They help in enforcing safety regulations, identifying potential risks and hazards, promoting proactive safety measures, and collecting data on occupational accidents and diseases.

Inspection Procedures

Labor inspectors from the Ministry of Labor are authorized to conduct inspections. They can enter workplaces, examine documents, question staff, and collect samples. Inspections can be routine, targeted based on complaints or incidents, or focused on specific industries or hazards. Inspectors evaluate compliance with safety regulations, covering areas like work environment, equipment, machinery, workplace hygiene, use of personal protective equipment, risk assessments, control measures, emergency preparedness, and safety records. Inspectors involve employers and workers' representatives during inspections to promote understanding and collaborative problem-solving.

Inspection Frequency

The frequency of inspections varies based on several factors. Industries with high-risk activities may be inspected more frequently. Larger workplaces or those with a history of safety violations might undergo more regular inspections.

Follow-up Actions

After an inspection, inspectors issue a report outlining observations and recommendations for corrective actions. Employers are given a reasonable timeframe to address violations. Non-compliance can lead to warnings, fines, or even closure of the workplace in severe cases. Follow-up inspections may be conducted to verify the implementation of corrective measures.

Workplace accidents are a serious matter that require immediate attention and proper reporting. Employers are obligated to report such incidents to the Labor Inspectorate and the National Social Security Fund (Caisse Nationale de Sécurité Sociale - CNSS). The reporting deadlines vary depending on the severity of the accident. Fatal accidents and serious injuries must be reported within 24 hours, while other work-related accidents should be reported within 48 hours. Employers are required to use specific forms to report accidents, detailing information about the worker, the circumstances of the accident, and the nature of injuries.

Investigation of Workplace Accidents

The Labor Inspectorate plays a crucial role in investigating workplace accidents. Their task is to identify the causes and determine if any regulations were violated. The investigation procedures may involve interviews with witnesses, employers, and injured workers, examination of the accident scene, and review of safety documentation and records. The primary purpose of these investigations is to establish the facts surrounding the accident, identify contributing factors, and recommend preventive measures.

Compensation for Workplace Accidents and Diseases

The National Social Security Fund (CNSS) is responsible for administering compensation for occupational injuries and diseases. The types of compensation include coverage of medical expenses for treatment and rehabilitation, temporary disability benefits for wage replacement during a period of temporary incapacity, permanent disability benefits for long-term or permanent loss of earning capacity, and survivor benefits in case of fatal work-related accidents. Workers covered by the social security system are eligible for compensation. The claims process involves the injured worker (or their dependents in case of death) filing a claim with CNSS, supported by necessary documentation, including medical reports.