Health and Safety

Employer Cares

What is the relevant legislation on protecting the health and safety of workers in the workplace?

The specific provisions of the Decent Work Act on workplace health and safety ensure the well-being of employees and others by eliminating risks at their source, protecting the public from workplace hazards, involving stakeholders in setting safety standards and promoting a national safety culture that respects the right to a safe workplace and encourages active participation.

What type of protection is afforded to the workers and what type of actions are to be taken by the employer to ensure workplace OSH?

Employers must ensure a safe work environment by:

• preventing health risks associated with handling equipment and substances,
• providing proper training and supervision in appropriate languages,
• maintaining safe entry and exit routes,
• ensuring adequate welfare facilities, and
• establishing a safety and health policy to uphold workplace safety standards.

This policy should facilitate effective consultation between the employer and workers in promoting safety measures. It should also include mechanisms for reviewing and, if necessary, redesigning the policy to ensure ongoing effectiveness.

The law also requires employers to consult employees on workplace safety matters, including identifying hazards, implementing risk control measures, ensuring proper welfare facilities, safety procedures, training, and making necessary improvements. This consultation must involve information sharing, consideration of workers' perspectives, and input from workplace union representatives where applicable.

Does the law require employers to protect workers' health and safety?

The Decent Work Act requires employers to protect workers’ health and safety.

For workplaces with 20 or more employees, employers must:

• Establish a Safety and Health Committee with equal worker and employer representation. These committees play a key role in implementing and monitoring safety measures, ensuring compliance, addressing concerns, and making necessary changes.
• Employers must also ensure proper use of equipment and substances, as failure to do so constitutes a breach of duty.
• Employers are further required to employ a person as a Safety and Health Officer to ensure the due observance of the provisions of this Act and any regulations made under it and the promotion of safe conduct of work at the workplace.

Source 24.1, 25.1, 25.2, 26.1, 26.4(vi) of the Decent Work Act, 2015

Free Protection

What is the relevant legislation on the provision of Personal Protective Equipment (PPE) by the employer to the worker?

The Decent Work Act is the relevant legislation that governs the provision of Personal Protective Equipment (PPE). The legislation mandates that employers must ensure worker safety by supplying and maintaining protective clothing, equipment, and rescue gear in specific situations.

Employers must ensure, as far as practicable, the safety and health of workers in the workplace. This includes the provision of personal protective equipment, its maintenance and replacement, as necessary, and training on its use. Workers are also required to use the personal protective equipment in accordance with the instructions and for its intended use.

Are employers required to provide PPE to workers free of cost?

The Decent Work Act explicitly addresses this requirement. According to Section 26.7 of the Act: "Duty not to charge workers for things done or provided: An employer shall not require or permit a worker to pay, whether directly or indirectly, for anything done or provided in accordance with any provision of this Act or any regulation made under it, or for anything done or provided in the interests of safety and health in pursuance of this Act or any such regulation."

This means that any equipment, device, or measure—including PPE—provided to ensure occupational safety and health must be supplied at the employer's expense and cannot be charged to the worker in any way.

Does the law require that free protective equipment be provided to workers and that other protective measures be taken without any cost to the workers?

The legislation clearly mandates that protective equipment and other safety measures must be provided to the workers without any cost. Failure to provide or ensure the proper use of PPE is considered a breach of the employer’s duty under the law.

Sources: §8 of the Constitution of the Republic of Liberia 1986; §25.1, 29.3 (xii) of the Decent Work Act, 2015

Training

What is the relevant legislation on the provision of training by the employer to the worker on OSH issues?

According to the Decent Work Act, employers have a responsibility to maintain workplace safety by providing enough training, teaching, and supervision to their employees.

What type of training is provided to the workers? When is this training given to the workers (at the start of employment, change in the job, position, etc.)

They must provide workers with safety information in relevant languages to help them comprehend workplace hazards, safety procedures, and the use of equipment and chemicals.

In training, it is imperative that the workers understand the plant's design and safe usage conditions along with the relevant research about the safe use of the substance without any risk to health and safety.

No provisions could be located regarding when employees should be trained.

Does the law require the employer to train workers on health and safety issues?

According to the Decent Work Act, employers have a responsibility to maintain workplace safety by providing enough training, teaching, and supervision to their employees.

Sources: §25.1, 26.4(iv), 29.3(xvi) of the Decent work Act, 2015

Labour Inspection System

What is the relevant legislation on the labour inspection system in the country?

The Decent Work Act is the relevant legislation governing the labour inspection system. Labour inspectors play a crucial role in enforcing labour laws; they conduct workplace investigations to ensure adherence to labour laws and safety standards. They are responsible for ensuring compliance with employment contracts, minimum wage decrees, and workplace safety regulations.

How does the labour inspection system work in the country?

(Organizational setup, staff, scope of labour inspection)

The labour inspection system operates under the authority of the Ministry of Labour, which appoints both male and female labour inspectors. Inspectors are officially designated and must carry proper identification while performing their duties.

Their authority includes entering workplaces without prior notice, inspecting documents and equipment, collecting samples, questioning employees, and issuing necessary instructions. They also provide technical advice, address worker grievances, and may be assisted by police or experts when required.

If violations are identified, inspectors issue compliance notices that mandate corrective actions within a specified timeframe. Non-compliance can lead to escalation to the Ministry of Labour, and obstructing an inspector's duties results in legal penalties. Inspectors are required to maintain confidentiality, act ethically, and adhere to legal procedures during their investigations.

If an activity poses an immediate risk to health or safety, they have the authority to issue a prohibition notice, temporarily halting or modifying the activity until it is deemed safe. These notices must be documented in writing, detailing the hazardous conditions, legal violations, and appeal procedures. In urgent cases, verbal notices may be issued, but they remain valid for only 24 hours. Inspectors can enforce such notices at any time, even without formal enforcement guidelines from the Minister.

Employers have a legal obligation to report workplace injuries and diseases to a labour inspector. Severe cases, including fatalities, permanent disabilities, or mass workplace incidents, must be reported immediately. For less critical cases, employers must maintain accurate records and submit reports to the Ministry of Labour as required. In cases of permanent disability, labour inspectors investigate the incident, gather evidence, and submit findings to the Ministry for further action. For minor disabilities, inspectors recommend compensation, which is documented if both parties agree. If a dispute arises, the claim is escalated to the Ministry, with partial payments issued until a final decision is made. If no inspector is available, employers must begin compensation payments without delay.

In cases of workplace fatalities, employers must immediately notify a labour inspector, who then conducts an investigation to determine the cause of death, identify dependents, assess compensation, and submit findings to the Ministry of Labour for final determination.

Additionally, if a labour inspector files a complaint regarding workplace violations, the Ministry must decide within 30 days whether to take action. Complaints may be modified before proceeding further. In cases of workplace disputes, the inspector investigates and provides a resolution based on labour legislation.

Obstructing a labour inspector is a first-degree misdemeanour, reportable to the Ministry, with a potential fine of up to $500 upon conviction.

Employers are prohibited from dismissing or taking adverse actions against workers solely for assisting or providing safety and health information to a labour inspector. Also, legal actions, whether civil or criminal, cannot be pursued against labour inspectors or related bodies for actions done in good faith while carrying out their functions.

Sources: §8.1-8.7, 9.1, 26.5, 26.6d, 28.2, 28.4, 28.6, 33.2, 33.4, 33.5 of the Decent Work Act, 2015