Health and Safety
Employer Cares
In accordance with the Labour Act, it is obligatory for the employer to ensure health, safety and welfare of persons at workplace by minimizing the causes of hazards inherent in the working environment.
An employer must ensure careful and safe use, handling, storage and transport of articles and substances; and provide the necessary information, instructions, training and supervision as needed.
The employer must take measures to prevent contamination of the workplaces and protect the workers from toxic gases, noxious substances, vapours, dust, fumes, mists and other substances or materials hazardous to safety or health.
Moreover, an employer must provide:
- separate, sufficient and suitable toilet and washing facilities
- adequate facilities for storing, changing, drying and cleansing from contamination of clothing for male and female workers.
- adequate supply of clean drinking water must be available at the workplace.
If an employer fails to comply with the required health and safety standards, he/she is liable to a fine of maximum 1000 penalty units or imprisonment of 3 years maximum or both.
A worker must use the safety equipment with care and act according to the prescribed instructions to preserve his health and protect himself from getting injured. If a worker identifies danger to their health, safety, or life, he/she must stop working and report it to his supervisor. An employer may not terminate the employment or deduct wages because of this and must not compel the worker to work there unless the workplace is safe enough.
In case of occupational injury and disease at the workplace, the employer must report to the relevant Government agency within seven days. The Minister may issue the regulations regarding specific measures to be taken by the employer to ensure health and safety of the workers at the workplace.
Under Ghana’s Factories, Offices and Shops Act, 1970 (Act 328), employers must register their workplaces with authorities to allow oversight. Workplaces must be kept clean, well-ventilated, and properly lit. In areas where wet processes take place, employers must ensure effective drainage of floors to maintain hygiene and safety.
Machinery and equipment must be securely guarded, regularly inspected, and well-maintained. Employers must ensure clear passageways, stairs, and emergency exits, as well as adequate fire safety equipment and trained staff to manage emergencies.
Additionally, employers must provide essential facilities like clean drinking water, proper sanitation and washing areas, appropriate storage for personal clothing, and first-aid supplies supervised by trained personnel. When accidents or occupational diseases occur, employers are obligated to report them promptly to the Chief Inspector and maintain proper records.
Employers are prohibited from permanently engaging an employee in any work unless a recognized medical practitioner certifies at a pre-employment examination that the employee is in good health and is medically fit for the work assigned to the employee. Employees working in hazardous situations such as contact with fumes and gaseous substances must undergo a periodic medical examination once a year.
Sources: §118-121 of the Labour Act 2003 (Act 651); §3-28 of the Factories, Offices and Shops Act, 1970 (Act 328); §19 of the Labour Regulations 2007 (LI 1833)
Free Protection
In accordance with the provisions of the Labour Act 2003, it is obligatory for the employer to provide protective equipment for free and must not charge or deduct any amount from the employee's salary for the provision of such equipment.
The employer must provide workers with:
- adequate safety appliances,
- suitable fire-fighting equipment,
- personal protective equipment
- training on how to use this equipment
Workers are under the obligation to use the safety appliances, firefighting equipment, and personal protective equipment provided by the employer in compliance with the employer’s instructions.
In factories or shops where workers are exposed to wet or harmful substances, employers must provide suitable protective clothing and equipment, such as gloves, footwear, goggles, or other necessary protective gear. In workplaces involving electric arc welding, proper screening or other protective measures must be in place to protect other workers from exposure to harmful flashes.
Sources: § 118(2)(e) & 118(3) of the Labour Act 2003 (Act 651); §25 of the Factories, Offices and Shops Act, 1970 (Act 328)
Training
In accordance with the Labour Act, an employer is responsible for providing instruction, training, and supervision according to the workers' age, literacy level, and other circumstances to ensure health and safety at work.
Under the Factories, Offices and Shops Act, workers must not operate dangerous machines or processes unless they have been properly instructed on risks and safety measures and have received sufficient training or are adequately supervised by an experienced worker.
Sources: §118(2)(c) of the Labour Act 2003 (Act 651); §36 of the Factories, Offices and Shops Act, 1970 (Act 328)
Labour Inspection System
Labour inspection is carried out to ensure compliance with the provisions of the Labour Act.
The inspector can enter the workplace at any hour of day or night and carry out the necessary examination, test or inquiry, check the workers' records and question whoever they want and prepare a report including compliance instructions to employers. Employer has to carry out the alteration before expiry of that period.
In cases of non-compliance, the inspector may report the employer, who may be fined up to 250 penalty units and may also be required to compensate workers harmed as a result of the violation.
Labour inspector has to maintain the confidentiality during and after the termination of service, otherwise, he/she is liable to a fine up to 500 penalty units or to imprisonment for 2 years maximum or to both.
Anyone who obstructs an inspector’s work may be fined up to 250 penalty units or face up to 12 months of imprisonment, or both.
Under the Factories, Offices and Shops Act, inspectors have the authority to enter and inspect factories, offices, or shops at reasonable times to ensure compliance with safety and health standards. They may review relevant records and documents and question individuals on site.
Sources: § 122-126 of the Labour Act 2003 (Act 651); §75 of the Factories, Offices and Shops Act, 1970 (Act 328)
Regulations on Health and Safety
- Labour Act, 2003 (Act651)
- Labour Regulations 2007 (LI 1833)
