ILO is a specialized agency of the United Nations

RSS Feed | Newsroom | Contact us

LEGOSH

Occupational Safety and Health (OSH)

About LEGOSH
How to use LEGOSH
Methodology
Browse by country
Compare countries
Search

Home > Browse by Country > Country

Eswatini - 2013

Themes

1 Description of national OSH regulatory framework
Related CEACR Comments
Error retrieving CEACR comment.
- 1.1 Description of OSH regulatory framework
  Summary/citation: Workplace health and safety laws for Swaziland are contained largely in the Factories, Machinery and Construction Works Act 17 of 1972 and the Occupational Safety and Health Act 9 of 2001. The factories, Machinery and Construction Works Act makes provision for the registration of factories and the regulation of working conditions and the use of machinery at factories, construction works and other premises subject to this Act. The Occupational Safety and Health Act provides for the safety and health of persons at work and at the workplace and for the protection of persons other than persons at the workplace against hazards to safety and health arising out of or in connection with the activities of persons in the workplace.
  • Occupational safety and health country profile: Swaziland
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001).
  • Factories, Machinery and Construction Works Act 1972. No. 17.
  Related CEACR Comments
  Error retrieving CEACR comment.
2 Scope, coverage and exclusions
Related CEACR Comments
Error retrieving CEACR comment.
- 2.1 Health and safety covers physical and psychological health
  Summary/citation: Health' means "phsysical and mental being."
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 2)
  Related CEACR Comments
  Error retrieving CEACR comment.
- 2.2 Definition of worker
  Summary/citation: Employee' means "any person who is employed by or works for or assists an employer, in or at any workplace or any other premises".
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 2)
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 2.2.1 Coverage of particular categories of workers
    Yes.
    Related CEACR Comments
    Error retrieving CEACR comment.
    - 2.2.1.1 Migrant workers
      No data available.
      Related CEACR Comments
      Error retrieving CEACR comment.
    - 2.2.1.2 Domestic workers
      No data available.
      Related CEACR Comments
      Error retrieving CEACR comment.
    - 2.2.1.3 Home workers
      Summary/citation: The Occupational Safety and Health Act 9 of 2001 defines a 'workplace' to include "any premises or place where a person performs work in the course of that person's employment"
      • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 2)
      Related CEACR Comments
      Error retrieving CEACR comment.
    - 2.2.1.4 Self-employed persons
      No data available.
      Related CEACR Comments
      Error retrieving CEACR comment.
- 2.3 Definition of employer
  Summary/citation: Employer means "an occupier or a person who in connection with any workplace or other premises subject to this Act employs or provides work for or permits any person in any matter whatsoever to assist him in the carrying out of his business in or about a workplace or other premises subject to this Act and includes any persons or undertaking, contractor, corporation, company, public authority or body of persons who or which has entered into contract of employment with an employee".
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 2)
  Related CEACR Comments
  Error retrieving CEACR comment.
- 2.4 Exclusion of branches of economic activity
  No.
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 2.4.1 Agriculture
    Summary/citation: Agriculture is not excluded from the scope of OSH legislation.
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001).
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 2.4.2 Construction
    Summary/citation: Construction is not excluded from the scope of OSH legislation.
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001).
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 2.4.3 Services
    Summary/citation: Services are not excluded from the scope of OSH legislation.
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001).
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 2.4.4 Public sector
    Summary/citation: The public sector is not excluded from the scope of OSH legislation.
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001).
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 2.4.5 Other
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
- 2.5 Definition of occupational accident
  No data available.
  Related CEACR Comments
  Error retrieving CEACR comment.
- 2.6 Definition of occupational disease
  Sometimes.
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 2.6.1 List of occupational diseases
    Summary/citation: A list of occupational diseases is included in the Workmen's Compensation Act, 1983.
    • Workmen's Compensation Act, 1983 (Act No. 7 of 1983) (First Schedule)
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 2.6.2 Mechanism for compensating other diseases as occupational ones
    Summary/citation: The Workmen's Compensation Act makes provision for the compensation and medical treatment of Workmen who suffer injury or cobtract disease in the course of their employment.
    • Workmen's Compensation Act, 1983 (Act No. 7 of 1983) (Preamble)
    Related CEACR Comments
    Error retrieving CEACR comment.
3 Institutions and programmes relating to OSH administration and/or enforcement
Related CEACR Comments
Error retrieving CEACR comment.
- 3.1 Competent national authority for safety and health at work
  Summary/citation: The Minister of Labour is responsible for ensuring overall OSH administration and enforcement. In addition, the OSH Act states that OSH inspectors are appointed by a Government Agency responsible for the employment of public officers.
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 4)
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 3.1.1 Objectives, roles and/or functions
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 3.1.2 Chairperson and composition
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
- 3.2 National OSH research programme or institute
  No data available.
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 3.2.1 Objectives, roles and/or functions
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 3.2.2 Governance board constitution and chairmanship
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 3.2.3 Source of funding
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
- 3.3 National OSH programme
  No data available.
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 3.3.1 Consultation on the national OSH programme
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
4 Employers’ duties and responsibilities to protect the safety and health of workers and others
Related CEACR Comments
Error retrieving CEACR comment.
- 4.1 Duty to ensure the health and safety of employees
  Summary/citation: An employer or an occupier has a duty to "ensure the safety and health of all employees during employment by securing safe and healthy working conditions in that employer's or occupier's workplace."
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 9(1))
  Related CEACR Comments
  Error retrieving CEACR comment.
- 4.2 Duty to protect the health and safety of people other than their own employees
  Summary/citation: An employer is obliged to conduct his or her "activities in such a manner that persons other than the employees are not exposed to hazards or dangers arising from that employer's activities."
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 9(9))
  Related CEACR Comments
  Error retrieving CEACR comment.
- 4.3 Collaboration among two or more employers at the same workplace
  No data available.
  Related CEACR Comments
  Error retrieving CEACR comment.
- 4.4 Surveillance of workers’ health in relation to work
  Summary / Citation: The Minsiter is empowered to promulgate regulation on the medical examination of employees at a workplace. In addition, section 100 of the Employment Act (1980) makes provision for the medical examination of young persons.
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 41 (g))
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 4.4.1 Specific hazards for which surveillance is required
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
- 4.5 Surveillance of the working environment and working practices
  Summary / Citation: The OSHA obliges an employer to ensure that there exist a systematic way of identifying, evaluating and controlling hazards at the workplace and such systematic ways are functional at all times.
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 9(3))
  Related CEACR Comments
  Error retrieving CEACR comment.
- 4.6 Duty to provide personal protective equipment
  Summary / Citation: An employer has a duty to "provide free of charge adequate and appropriate personal protective appliances, equipment and clothing to an employee who is performing activities or processes which expose such an employee to wet, dusty or noisy conditions, extreme heat or extreme cold, or other poisonous, corrosive or injurious substance or material liable to affect the employee's safety and health or cause undue damage to the employee's clothing."
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 9(4))
  Related CEACR Comments
  Error retrieving CEACR comment.
- 4.7 Duty to ensure the usage of personal protective equipment
  Summary / Citation: "An employee shall, where any means, appliance, equipment or other safety device for securing safety and health is provided by the employer under the provisions of this Act for use and protection of an employee or property in any process, properly use same in accordance with the instructions given by the employer."
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 11(2))
  Related CEACR Comments
  Error retrieving CEACR comment.
- 4.8 Duty to provide first-aid and welfare facilities
  Sometimes.
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 4.8.1 Arrangements for first-aid
    Summary / Citation: An employer has a duty to "provide at each place of employment (a) adequate first aid facilities for the treatment of accidents; (b) one or more suitably stocked first aid boxes in charge of a responsible person which shall be readily available during working hours."
    Restrictions / obligations: This does not apply to the employment of a domestic employee by any employer.
    • Employment Act 1980, No. 5/1980. (S 150(1))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 4.8.2 Sanitary installations
    Summary / Citation: An employer has an obligation to "ensure that every workroom in which persons are employed by him is kept in a clean and sanitary condition."
    Restrictions / obligations: This does not apply to the employment of a domestic employee by any employer.
    • Employment Act 1980, No. 5/1980. (S 149(1))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 4.8.3 Drinking water
    Summary / Citation: An employer is required to "ensure that there is an adequate supply of wholesome drinking water for his employees at their place work."
    Restrictions / obligations: This does not apply to the employment of a domestic employee by any employer.
    • Employment Act 1980, No. 5/1980. (S 149(2)(a))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 4.8.4 Rest and eating areas
    Summary / Citation:
    Related CEACR Comments
    Error retrieving CEACR comment.
5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices
Related CEACR Comments
Error retrieving CEACR comment.
- 5.1 Elements of an OSH management system
  Sometimes.
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety
    Summary/citation: Employers are required to prepare a written policy concerning or relating the protection of the safety and health of his or her employees at work.
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 13(1))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 5.1.2 Appointment of a person for health and safety
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 5.1.3 Written risk assessment
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 5.1.4 Safe operating work systems and procedures
    Summary/citation: An employers is obliged to "as far as reasonably practicable ensure by effective supervision that work is perfomed in a safe manner and without risks to health or exposure to danger."
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 9(2))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 5.1.5 Training and information on risks
    Summary/citation: An employer has a duty to "ensure that an employee receives the necessary training and instruction to perform the employee's work in such a way as to avoid any danger, or risk to danger, loss of health or injury."
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 9(6))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 5.1.6 Review or assessment of the results of preventive measures
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 5.1.7 Consultation with workers in health and safety
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
- 5.2 Obligation to implement a specific OSH management system or standard
  No data available.
  Related CEACR Comments
  Error retrieving CEACR comment.
6 Employers’ duty to ensure availability of expertise and competence in health and safety
Related CEACR Comments
Error retrieving CEACR comment.
- 6.1 OSH competence
  No data available.
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 6.1.1 Requirement to access expert advice and/or support in health and safety
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
    - 6.1.1.1 Qualifications of experts or professional services
      No data available.
      Related CEACR Comments
      Error retrieving CEACR comment.
- 6.2 Appointment of an OSH practitioner
  No data available.
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 6.2.1 Workforce size threshold for the appointment of OSH practitioners
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
7 Workers' rights and duties
Related CEACR Comments
Error retrieving CEACR comment.
- 7.1 Duty to take reasonable steps to protect their own safety and health
  Summary / Citation: “No person, including employer or employee or any other person, shall do anything that endangers or is likely to endanger the safety, health or welfare of that persons or any other person.”
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 8(1))
  Related CEACR Comments
  Error retrieving CEACR comment.
- 7.2 Duty to take reasonable steps to protect the safety and health of others
  Summary / Citation: “No person, including employer or employee or any other person, shall do anything that endangers or is likely to endanger the safety, health or welfare of that persons or any other person.”
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 8(1))
  Related CEACR Comments
  Error retrieving CEACR comment.
- 7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others
  No data available.
  Related CEACR Comments
  Error retrieving CEACR comment.
- 7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others
  No data available.
  Related CEACR Comments
  Error retrieving CEACR comment.
- 7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety
  Summary / Citation: Duties imposed on an employer under section 9 of the OSH Act "mutatis mutandis apply to a self-employed person and to that person's workplace."
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 10)
  Related CEACR Comments
  Error retrieving CEACR comment.
- 7.6 Duty to comply with OSH-related requirements
  Summary / Citation: "An employee shall cooperate and follow instructions given by the employer, Commissioner, inspector or any other person lawfully authorised to give instructions in keeping the working conditions safe and without risk to health and injury in the field of that activity."
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 11(1))
  Related CEACR Comments
  Error retrieving CEACR comment.
- 7.7 Right to enquire about risks and preventive measures
  No data available.
  Related CEACR Comments
  Error retrieving CEACR comment.
- 7.8 Right to remove themselves from a dangerous situation
  Summary / Citation: "An employee shall have the right to remove himself or herself from danger when such an employee has reasonable justification to believe there is imminent and serious risk to the safety and health of that employee."
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 18(2))
  Related CEACR Comments
  Error retrieving CEACR comment.
- 7.9 Right to be reassigned to non-hazard work
  No data available.
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
8 Consultation, collaboration and co-operation with workers and their representatives
Related CEACR Comments
Error retrieving CEACR comment.
- 8.1 National OSH committee, commission, council or similar body
  Summary / Citation: The Minister of Labour is required to set up a Tripartite Advisory Technical Committee of Experts (Committee of Experts) for occupational safety and health in an advisory capacity to the Labour Advisory Board.
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 19(1))
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 8.1.1 Objectives, roles and/or functions
    Summary / Citation: The Committee of Experts' functions include the following: "(a) collect information on standards of occupational safety and health in all branches of economic activities and propose national standardss; (b) coordinate legislation inoccupational safety and health at national level; (c) recommend formulation and review of the national policy on occupational saferty and health; (d) advise the Labour Advisory Board which in turn shall advise the Minister on the formulation of standards and guidance notes for the purpose of assisting employers and employees to create and maintain an acceptable standard of occupational safety and health; and (e) perform any other functions assigned to it by the Labvour Advisory Board."
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 19(2))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 8.1.2 Constitution and chairmanship modalities
    Summary / Citation: The Committee of Experts is composed of membes from government, employers' and employees' organizations.
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 20(1))
    Related CEACR Comments
    Error retrieving CEACR comment.
- 8.2 Employers’ duty to consult workers on risks
  No data available.
  Related CEACR Comments
  Error retrieving CEACR comment.
- 8.3 Workers’ right to select their representatives for health and safety matters
  Summary / Citation: Employees have a right to elect at least one safety and health representative in every workplace.
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 14(1))
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 8.3.1 Workforce size conditions for workers’ representation in health and safety
    Summary / Citation: "In a workplace which comprises of departments, every department with five or more employees shall be entitled to a least one safety and health representative elected by the employees in that department. Whilst in the case of a workplace where there are no departments, employees shall be entitled to at least one safety and health representative elected by the employees in that workplace".
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 14(2))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 8.3.2 Conditions of eligibility to represent workers in health and safety
    Summary / Citation: An OSH representative must be familiar and conversant with the working conditions or activities of that department or operations of that workplace.
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 14(4))
    Related CEACR Comments
    Error retrieving CEACR comment.
- 8.4 OSH representatives’ functions, rights and powers
  No data available.
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 8.4.1 Right to inspect the workplace
    Summary / Citation: OSH representatives have the authority to "inspect the workplace including plant, machinery, substance, with a view to ascertaining the safety and health of employees provided that the employers is informed about the purpose of inspection."
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 15(c ))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 8.4.2 Right to access OSH information
    Summary / Citation: An employer has a duty to “inform a safety and health representative, or the safety and health committee, or an employee of any directive or instruction whether written or not written, given to that employer by the Commissioner or by an inspector in connection with the safety and health of that workplace or any directive or instruction so intended by the Commissioner or inspector to be communicated to the employees or their safety and health representatives or the safety and health committee.”
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 9(7))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 8.4.3 Right to be present at interviews
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 8.4.4 Right to receive professional assistance from OSH experts
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 8.4.5 Right to accompany inspectors
    Summary / Citation: OSH representatives are entitled to "accompany an inspector whilst the inspector is carrying out the inspector’s duties at the workplace."
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 15(d))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 8.4.6 Right to use facilities
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 8.4.7 Right to have time off work with pay to perform duties
    Summary / Citation: "The functions, duties and training of or by a safety and health representative shall be performed during ordinary working hours and any time reasonably spent by a safety and health representative or an employee in connection with the functions or duties of a safety and health representative shall be time spent by that representative or employee in carrying out duties as an employee of that workplace."
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 15(2))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 8.4.8 Right to issue remedial notices
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 8.4.9 Right to resolve OSH issues in consultation with employers
    Summary / Citation: An OSH representative has to power to, in collaboration with the employer, investigate the cause of accidents at the workplace.
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 15(1)(b))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 8.4.10 Right to direct that dangerous work cease
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
- 8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace
  No data available.
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 8.5.1 Right to enter the workplace
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 8.5.2 Right to investigate suspected non-compliance with OSH legislation
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 8.5.3 Right to consult with workers
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 8.5.4 Right to advise workers
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 8.5.5 Right to initiate enforcement action
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
- 8.6 Joint OSH Committee
  Summary / Citation: Employers with a workplace with twenty or more employees are required to set up at least one functioning safety and health committee.
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 16(1))
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 8.6.1 Participation of workers’ representatives in joint OSH committee
    Summary / Citation: Employees have a right to appoint to the OSH committee the employee representatives.
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 16(4))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 8.6.2 Conditions for establishing a joint OSH committee
    Summary / Citation: At least one functioning OSH committee shall be established in a workplace with twenty or more employees.
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 16(1))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 8.6.3 Objectives, roles and/or functions of joint OSH committees
    Summary / Citation: An OSH committee has the power to, among others,
    “(a) discuss matters affecting the health and safety of persons at a workplace or any section thereof for which the committee has been established;
    (b) make recommendations to the employer or, where the recommendations fail to resolve the matter, to the Chief Inspector regarding any matter affecting the safety and health of persons at a workplace or any section thereof for which such committee has been established; and
    (c)discuss any incident at a workplace or a section thereof in which or in consequence of which any person was injured, became ill or died, and may in writing report the incident to the Chief Inspector, and may perform such other functions as may be prescribed.”
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 17(1))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 8.6.4 Keeping record of the work of joint OSH committees
    Summary / Citation: An OSH committee has an obligation to keep record of recommendations made to an employer and any report made to the Chief Inspector.
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 17(2))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 8.6.5 Sharing the minutes of joint OSH committees meetings
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
- 8.7 Mandatory training for members of joint OSH committee(s)
  No data available.
  Related CEACR Comments
  Error retrieving CEACR comment.
- 8.8 Protection against reprisals
  Summary / Citation: Employees may not be victimised for exercising any rights under the OSH legislation.
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 18(1))
  Related CEACR Comments
  Error retrieving CEACR comment.
- 8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties
  Summary / Citation: “A safety and health committee or a member thereof shall not incur any civil liability by reason of the fact only that it or that member failed to do anything which it or that member may or is required to do in terms of this Act or any other related Act.”
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 17(10))
  Related CEACR Comments
  Error retrieving CEACR comment.
9 Specific hazards or risks
Related CEACR Comments
Error retrieving CEACR comment.
- 9.1 Biological hazards
  Yes.
  • Code of Good Practice (Amendment) Notice, 2005 (G.N. No. 54/2005). (Item 7)
  Related CEACR Comments
  Error retrieving CEACR comment.
- 9.2 Chemical hazards
  Yes.
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 9.2.1 Handling, storage, labelling and use
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users
    Summary / Citation: "(1) A person who designs, manufactures, imports, or uses any article, substance , machinery or plant at a workplace, shall-
    a. ensure that the article, substance, machinery or plant is safe and without risks to health when properly maintained and used;
    b. provide for the necessary information in connection with the proper use for which is designed for its proper maintenance; and
    c. ensure that it has been tested and the report of the test shall be made available to the employer, occupier or user.
    (2) An employer, occupier or user shall, before an article, substance, machinery or plant is put to its use, ensures that it is safe and without risk to any person’s health or life and it complies with any law respecting health and safety."
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 12)
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 9.2.3 Pesticides
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
- 9.3 Ergonomic hazards
  No data available.
  Related CEACR Comments
  Error retrieving CEACR comment.
- 9.4 Physical hazards
  Sometimes.
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 9.4.1 Ionising radiation
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 9.4.2 Vibration and noise
    Summary / Citation: "An employer shall provide free of charge adequate and appropriate personal protective appliances, equipment and clothing to an employee who is performing activities or processes which expose such an employee to wet, dusty or noisy conditions, extreme heat or extreme cold, or to any other poisonous, corrosive or injurious substance or material liable to affect the employee’s safety and health or cause undue damage to the employee’s clothing."
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 9(4))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 9.4.3 Working at height
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 9.4.4 Working in confined spaces
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 9.4.5 Risks arising from poor maintenance of workplace facilities
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 9.4.6 Exposure to extreme temperatures
    Summary / Citation: "An employer shall provide free of charge adequate and appropriate personal protective appliances, equipment and clothing to an employee who is performing activities or processes which expose such an employee to wet, dusty or noisy conditions, extreme heat or extreme cold, or to any other poisonous, corrosive or injurious substance or material liable to affect the employee’s safety and health or cause undue damage to the employee’s clothing."
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 9(4))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 9.4.7 Fire risks
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 9.4.8 Tobacco
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 9.4.9 Asbestos
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 9.4.10 Risks related to nanotechnology
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 9.4.11 Contraction of HIV in the workplace
    Yes.
    • Code of Good Practice (Amendment) Notice, 2005 (G.N. No. 54/2005).
    Related CEACR Comments
    Error retrieving CEACR comment.
- 9.5 Psychosocial hazards
  No data available.
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 9.5.1 Psychosocial risks
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 9.5.2 Occupational violence
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
- 9.6 Other hazardous substances
  Summary / Citation: "(1) A person who designs, manufactures, imports, or uses any article, substance , machinery or plant at a workplace, shall-
  a. ensure that the article, substance, machinery or plant is safe and without risks to health when properly maintained and used;
  b. provide for the necessary information in connection with the proper use for which is designed for its proper maintenance; and
  c. ensure that it has been tested and the report of the test shall be made available to the employer, occupier or user.
  (2) An employer, occupier or user shall, before an article, substance, machinery or plant is put to its use, ensures that it is safe and without risk to any person’s health or life and it complies with any law respecting health and safety."
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 12)
  Related CEACR Comments
  Error retrieving CEACR comment.
- 9.7 Machineries
  Sometimes.
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 9.7.1 Risks related to machinery and tools
    Summary / Citation: "Without deroting the powers conferred under subsection (1) the Minister may make regulations in respect of- 27
    (a) health and safety of persons at a workplace or health and safety of persons in connection with the use of plant and machinery, or the protection of persons other than persons at a workplace against risks to health and safety arising from or connected with the activities of persons at a workplace;
    (b) the measure to be taken by owners, occupiers and users of buildings intended or being used as a workplace or places where equipment or machinery is used or stored to ensure the safety and health of workers;
    (c) the design, manufacture, installation, operation, use, handling, alteration, repair, maintenance and conveyance of plant, machinery or safety and health equipment or other thing;"
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 41(2))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries
    Summary / Citation: “A person who designs, manufactures, imports, or uses any article, substance, machinery or plant at a workplace, shall ensure that the article, substance, machinery or plant is safe and without risks to health when properly maintained and used.”
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 12(1)(a))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information
    Summary / Citation: “A person who designs, manufactures, imports, or uses any article, substance, machinery or plant at a workplace, shall provide for the necessary information in connection with the proper use for which is designed for its proper maintenance.”
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 12(1)(b))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 9.7.5 Maintenance of machinery and equipment
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
    - 9.7.5.1 List of equipment where applicable
      No data available.
      Related CEACR Comments
      Error retrieving CEACR comment.
- 9.8 Provisions to protect workers in specific condition of vulnerability
  Sometimes.
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 9.8.1 Protection of pregnancy at work
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 9.8.2 Protection of lactating women at work
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts
    Summary / Citation: "No employer shall employ any female underground in any mine."
    • Employment Act 1980, No. 5/1980. (S 101 (2) )
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age
    Summary / Citation: For example, "no persons shall employ any child in any industrial undertaking other than an industrial undertaking in which only members of his [or her] immediate family are employed; a technical school under the supervision of a teacher or person authorised bu the Minster responsible for Education; an industrial undertaking which is not being conducted for commercial profit and where the work is essentially of an educative character approved as such by the Labour Commissioner in writing." In addition, "no person shall employ any child in any undertaking during school hours; between the hours of 6:00 p.m of one day and 7:00 a.m of the following day; for more than six hours in any day; for more than 33 hours in one week; for more than four hours continuously, without an interval of at least one hour foe a meal or rest."
    • Employment Act 1980, No. 5/1980. (S 97(1) and (2))
    Related CEACR Comments
    Error retrieving CEACR comment.
10 Recording, notification and investigation of accidents/incidents and diseases
Related CEACR Comments
Error retrieving CEACR comment.
- 10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases
  Yes.
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 10.1.1 Work-related accidents
    Summary / Citation: All accidents whether minor or major related to employment to a workplace must be reocrded by the employer.
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 28(2))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 10.1.2 Near miss incidents
    Summary / Citation: All accidents whether minor or major related to employment to a workplace must be reocrded by the employer.
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 28(2))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 10.1.3 Occupational diseases
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
- 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health
  Summary / Citation: “If any accident in a workplace causes a loss of life or prevents any person from continuing that person’s normal activities for three days or more, or causes an injury likely to cause a permanent defect, or a dangerous or harmful occurrence which shall or is likely to cause death, serious injury which may or may not cause a permanent defect, the occupier, employer, or contractor, as the case may be, shall immediately and as expeditiously as possible notify the inspector thereof and not later than seven days deliver a report, written in the prescribed form in the First Schedule, to the Inspector.”
  “If any person who works or has worked in any workplace is certified by a medical practitioner to be suffering from an industrial or occupational disease which appears to be due to the nature of that person’s employment or activity, the employer concerned shall notify an inspector thereof and in the prescribed form in the First Schedule unless the industrial or occupational disease has been or is being notified under the Workmen’s Compensation Act No. 7 of 1983.”
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 28(1), S 32(1))
  Related CEACR Comments
  Error retrieving CEACR comment.
11 OSH inspection and enforcement of OSH legislation
Related CEACR Comments
Error retrieving CEACR comment.
- 11.1 Appointment of OSH inspectors
  Summary / Citation: The OSH Act makes provision of the designation of public officers as inspectors.
  • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 4)
  Related CEACR Comments
  Error retrieving CEACR comment.
- 11.2 OSH inspectors’ powers
  Sometimes.
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 11.2.1 Power to enter workplaces
    Summary / Citation: “During normal working hours and without previous notice inspectors have the right to enter any workplace which the inspector has reasonable cause to believe is subject to this Act, and make any inspection and enquiry as the inspector deems necessary.”
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 5(1)(a))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 11.2.2 Power to inspect and carry out any examination, test or enquiry
    Summary / Citation: “During normal working hours and without previous notice inspectors have the right to enter any workplace which the inspector has reasonable cause to believe is subject to this Act, and make any inspection and enquiry as the inspector deems necessary.”
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 5(1)(a))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 11.2.3 Power to investigate
    Summary / Citation: “During normal working hours and without previous notice inspectors have the right to enter any workplace which the inspector has reasonable cause to believe is subject to this Act, and make any inspection and enquiry as the inspector deems necessary.”
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 5(1)(a))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 11.2.4 Duty to provide advice on OSH
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
- 11.3 OSH inspectors’ enforcement powers
  Sometimes.
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 11.3.1 Power to issue orders or notices
    Summary / Citation: An inspector has the power to issue improvement notices and prohibition notices.
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (Ss 24(1) and 25(1) )
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 11.3.2 Power to impose financial penalties
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 11.3.3 Power to revoke or suspend licenses or authorisations
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 11.3.4 Power to require the cessation of dangerous work
    Summary / Citation: When issuing a prohibition notice, the inspector is required by the OSH Act to order the person to cease the activities forthwith and not to resume them until the risk or likely risk of bodily injury or damage to property has been removed.
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 25(2)(c ))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 11.3.5 Power to initiate prosecutions
    Summary / Citation: “Any evidence or facts given such investigation or inquiry shall be taken down in writing by the inspector and sent together with the Inspector’s report to the Minister and in the case of an accident causing or likely to cause loss of life or serious bodily injury, the inspector shall send copies of such evidence or facts and the report to the Attorney General and Director of Public Prosecutions for their determination.”
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 30(2))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 11.3.6 Power to conduct prosecutions
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 11.3.7 Other enforcement powers
    Summary / Citation: An inspector has the power to summon any person who in the inspector's opinion may be able to give material information concerning the subject of the inquiry.
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 31(1))
    Related CEACR Comments
    Error retrieving CEACR comment.
- 11.4 Application of sanctions by courts
  Sometimes.
  Related CEACR Comments
  Error retrieving CEACR comment.
  - 11.4.1 Financial penalties for legal persons
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 11.4.2 Financial penalties for natural persons
    Summary / Citation: A fine not exceeding 50,000.00 Emalangeni (approx. $5,380)
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 40(1)(l))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 11.4.3 Non-financial sanctions
    No data available.
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 11.4.4 Criminal liability
    Summary / Citation: Where death has occurred, a court hearing the matter has the power to impose a higher sentence. In addition, a conviction or acquittal resulting from a prosecution under the OSH Act is not be a bar or defence to a remedy that is available in any other law including the institution of civil proceedings.
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 40(2) and (3))
    Related CEACR Comments
    Error retrieving CEACR comment.
  - 11.4.5 Terms of imprisonment for natural persons
    Summary / Citation: Imprisonment for a term not exceeding 10 years.
    • Occupational Safety and Health Act, 2001 (No. 9 of 2001). (S 40(1)(l))
    Related CEACR Comments
    Error retrieving CEACR comment.

References

Occupational safety and health country profile: Swaziland

Eswatini - 2013

Themes

1 Description of national OSH regulatory framework

1.1 Description of OSH regulatory framework

2 Scope, coverage and exclusions

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

2.2.1 Coverage of particular categories of workers

2.2.1.1 Migrant workers

2.2.1.2 Domestic workers

2.2.1.3 Home workers

2.2.1.4 Self-employed persons

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

2.4.1 Agriculture

2.4.2 Construction

2.4.3 Services

2.4.4 Public sector

2.4.5 Other

2.5 Definition of occupational accident

2.6 Definition of occupational disease

2.6.1 List of occupational diseases

2.6.2 Mechanism for compensating other diseases as occupational ones

3 Institutions and programmes relating to OSH administration and/or enforcement

3.1 Competent national authority for safety and health at work

3.1.1 Objectives, roles and/or functions

3.1.2 Chairperson and composition

3.2 National OSH research programme or institute

3.2.1 Objectives, roles and/or functions

3.2.2 Governance board constitution and chairmanship

3.2.3 Source of funding

3.3 National OSH programme

3.3.1 Consultation on the national OSH programme

4 Employers’ duties and responsibilities to protect the safety and health of workers and others

4.1 Duty to ensure the health and safety of employees

4.2 Duty to protect the health and safety of people other than their own employees

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

4.4.1 Specific hazards for which surveillance is required

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

4.8.1 Arrangements for first-aid

4.8.2 Sanitary installations

4.8.3 Drinking water

4.8.4 Rest and eating areas

5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices

5.1 Elements of an OSH management system

5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

5.1.2 Appointment of a person for health and safety

5.1.3 Written risk assessment

5.1.4 Safe operating work systems and procedures

5.1.5 Training and information on risks

5.1.6 Review or assessment of the results of preventive measures

5.1.7 Consultation with workers in health and safety

5.2 Obligation to implement a specific OSH management system or standard

6 Employers’ duty to ensure availability of expertise and competence in health and safety

6.1 OSH competence

6.1.1 Requirement to access expert advice and/or support in health and safety

6.1.1.1 Qualifications of experts or professional services

6.2 Appointment of an OSH practitioner

6.2.1 Workforce size threshold for the appointment of OSH practitioners

7 Workers' rights and duties

7.1 Duty to take reasonable steps to protect their own safety and health

7.2 Duty to take reasonable steps to protect the safety and health of others

7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

8 Consultation, collaboration and co-operation with workers and their representatives

8.1 National OSH committee, commission, council or similar body

8.1.1 Objectives, roles and/or functions

8.1.2 Constitution and chairmanship modalities

8.2 Employers’ duty to consult workers on risks

8.3 Workers’ right to select their representatives for health and safety matters