Health and Safety

Employer Cares

Legal provisions pertaining to occupational safety and health in the Kingdom of Lesotho are now contained in the Occupational Safety and Health Act 2024. The Mine Safety Act 4 of 1981 regulates occupational safety and health matters in the mining sector.

The law requires employers to provide a safe and healthy working environment for their employees. Specifically, employers must maintain workplaces that are clean, safe, and free of health risks. They must also provide adequate sanitary facilities and arrangements for worker welfare.

Employers are required to conduct a thorough safety and health audit of the workplace at least once every 12 months, carried out by a competent person. The audit report must be provided to the employer and kept available for inspection by an inspector.

Employers must ensure that any worker who suffers an accident or sudden illness at work is removed from the workplace and given proper medical attention. Additionally, employers must engage occupational health practitioners to perform medical surveillance of workers, particularly those exposed to health hazards. If a worker is found to have an occupational disease, the health practitioner must report it to the employer.

Employers must establish safety and health committees, where required, to promote safe working conditions. If there are 50 or more workers, a registered safety and health practitioner must be appointed to oversee compliance and ensure safety within the workplace.

Medical care and surveillance, and any necessary health measures, must be provided by employers at no cost to the workers.

Sources: §7 & 30-32 of the Occupational Safety and Health Act 2024; §17-19 of the Mine Safety Act 1981

Free Protection

The law mandates that employers provide personal protective equipment (PPE) to workers when processes, substances, or the nature of the work pose risks of bodily injury or health impairment. If these risks cannot be mitigated by other means, employers must supply suitable and appropriate PPE, protective clothing, and accessories to protect workers from harm or injury.

Key points regarding PPE:

• PPE must be provided at no cost to the workers.
• Employers are responsible for maintaining and renewing PPE as necessary.
• Workers must be adequately informed about the risks and instructed on the proper use of PPE.
• Workers are prohibited from operating dangerous machinery without being thoroughly instructed and trained on the risks and precautions involved.
• The employer cannot charge workers for PPE or deduct any wages for the cost of providing or maintaining safety resources or equipment.

Source: §22 of Occupational Safety and Health Act 2024

Training

The law places a clear responsibility on employers to provide workers with sufficient information, instruction, and supervision to ensure their safety and health in the workplace.

Workers must be adequately trained to recognize and manage any hazards that may arise from work tasks, equipment, and substances. Specifically, workers should not operate dangerous machinery unless they are properly instructed about the risks, trained in its use, or supervised by someone with expert knowledge of the machinery.

Additionally, employers are expected to support safety and health committees by offering training and relevant information, enabling them to inspect workplaces and promote a safe working environment.

Source: §13, 29 & 31 of Occupational Safety and Health Act 2024

Labour Inspection System

The law grants occupational safety and health (OSH) inspectors the authority to monitor and enforce compliance with workplace safety regulations. Inspectors are empowered to:

• enter workplaces freely, examine relevant documents,
• interview employees, and seize items if necessary.

They can issue prohibition orders to halt dangerous activities or close unsafe workplaces, requiring the written approval of the Director.

In cases of accidents or incidents, inspectors conduct investigations to determine causes and potential health risks, and they prepare reports for affected parties, including employers and safety committees. They may also hold formal inquiries for serious incidents to ensure thorough examination.

If inspectors discover non-compliance, they can instruct employers to take corrective actions, specifying the required steps and timelines. Employers have the right to appeal these instructions, but they must comply with any orders or prohibitions until the dispute is resolved. Overall, the aim of these provisions is to safeguard the safety and health of workers in various industries.

National Advisory Council on OSH is also appointed by the Minister for Labour, which is responsible for giving advice and assistance in respect of OSH issues. This Council consists of representatives of the government, the employees, the employers, and the independent experts with experience in the field.

The Labour Act grants labour inspectors broad powers to ensure compliance with labour standards, workplace safety, and employee welfare. Inspectors can enter and inspect workplaces without prior notice, review employment records, and interview employees to verify compliance with labour legislation.

They must notify employers of their presence unless it would compromise the inspection and are required to protect the identity of complainants. Inspectors also provide guidance to employers and employees on complying with labour legislation.

If violations regarding minimum wages and other conditions of employment are found, inspectors can issue compliance orders that may be enforced or reviewed by the Labour Court. Obstructing an inspection or providing false information is a serious offence, with penalties for non-compliance.

Sources: §50-54 Occupational Safety and Health Act 2024; §08-11 of the Mine Safety Act, 1981; §65-69 of the Labour Act, 2024 (Act No. 3 of 2024)