Health and Safety
In accordance with the Labour Act, it is obligatory on the employer to ensure health, safety and welfare of persons at workplace by minimizing the causes of hazards inherent in the working environment.
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.
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.
Employer must provide separate, sufficient and suitable toilet and washing facilities and adequate facilities for the storage, 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 to imprisonment of 3 years maximum or to both.
Worker must use the safety equipments with care and act according to the prescribed instructions to preserve his health and protect himself from getting injured. He/she must stop working and report his supervisor about the presence of danger to his/her life, safety or health. 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 workplace, 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 workplace.
Sources: § 118-121 of the Labour Act 2003 (Act 651)
In accordance with the provisions of Labour Act 2003, it is obligatory for the employer to provide protective equipments for free and must not charge or deduct any amount from the employees' salary for the provision of such equipments.
The employer must provide workers with adequate safety appliances, suitable fire-fighting equipment, personal protective equipment, and instruct the workers in the use of such appliances or 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.
Sources: § 118(2)(e) & 118(3) of the Labour Act 2003 (Act 651)
In accordance with the Labour Act, it is the responsibility of an employer to provide instruction, training and supervision according to the age, literacy level and other circumstances of the workers to ensure health and safety at work.
Sources: § 118(2)(c) of the Labour Act 2003 (Act 651)
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. Labour Inspectors provide the relevant information and advise the employer and the workers regarding effective means to comply with the legislation and the regulations issued by the Minister and employer has to carry out the alteration before expiry of that period.
In case of non-compliance, the inspector notifies and reports to the Labour Department or the Commission and employer is liable to a fine not exceeding 250 penalty units and in addition pays compensation to any person who proves that he/she has suffered any loss, damage or injury as a result of the noncompliance by the employer.
Labour inspector has to maintain the confidentiality during and after 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.
Person, who creates hindrance in successful completion of inspector's work, is liable to a fine up to 250 penalty units or to imprisonment of 12 months maximum or both.
Sources: § 122-126 of the Labour Act 2003 (Act 651)
Regulations on Health and Safety