Seychelles - 2013

1.1 Description of OSH regulatory framework

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

• 2.2.1 Coverage of particular categories of workers

  Sometimes.
  

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  • 2.2.1.1 Migrant workers

    Summary/citation: Subject to the Immigration Decree, an employer in Seychelles shall not employ a non- Seychellois unless the requirements set by the law are met.

    Remarks / comments: Therefore, migrant workers may also be employed when the requirements in the law are met and fall under the application of the Employment Act.

    • Employment Act, 1995 (No. 2 of 1995) (Cap. 69). (S 17)

    • Immigration Decree (Chapter 93) (Decree No. 18 of 1979)

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  • 2.2.1.2 Domestic workers

    Summary/citation: "Domestic worker means any person serving in, or attached as a worker to, a private household."

    • Employment Act, 1995 (No. 2 of 1995) (Cap. 69). (S 2)

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  • 2.2.1.3 Home workers

    No data available.
    

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  • 2.2.1.4 Self-employed persons

    Remarks / comments: OSH legislation is applicable to self-employed persons.
    

    • Occupational Safety and Health Decree 1978. No. 54. (S 5)

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2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

  Summary/citation: Agriculture is not excluded from the scope of OSH legislation.

  Restrictions / obligations: The Minister may by order, exempt any person or category of persons from the operation of all or any provisions of the Decree and subject to such conditions as he thinks fit.
  

  • Occupational Safety and Health Decree 1978. No. 54. (S 3(2))

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• 2.4.2 Construction

  Summary/citation: Construction is not excluded from the scope of OSH legislation.

  There are specific OSH Regulations covering this branch of economic activity: Occupational Safety and Health (Construction Industry, Confined Space and Welding) Regulations, 1991.

  "An employer shall (...) comply with the Public Utilities Corporation Act and the Electricity Regulations."
  (Occupational Safety and Health (Construction Industry, Confined Space and Welding) Regulations, 1991, S 24(3))

  Restrictions / obligations: The Minister may by order, exempt any person or category of persons from the operation of all or any provisions of the Decree and subject to such conditions as he thinks fit.

  "The Minister may, where he is satisfied that compliance with all or any provisions of these Regulations is not necessary for the protection of any employee, exempt an employer or any operation, work place or equipment of an employer from all or any provisions of these Regulations."
  (Occupational Safety and Health (Construction Industry, Confined Space and Welding) Regulations, 1991, S 40)

  Remarks / comments: The Occupational Safety and Health (Construction Industry, Confined Space and Welding) Regulations, 1991 are contained within the same document as the Occupational Safety and Health Decree No. 54 of 1978.

  • Occupational Safety and Health Decree 1978. No. 54. (S 3(2))

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• 2.4.3 Services

  Summary/citation: Services are not excluded from the scope of OSH legislation.

  Restrictions / obligations: The Minister may by order, exempt any person or category of persons from the operation of all or any provisions of the Decree and subject to such conditions as he thinks fit.

  • Occupational Safety and Health Decree 1978. No. 54. (S 3(2))

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• 2.4.4 Public sector

  Summary/citation: Public sector is not excluded from the scope of OSH legislation.

  Restrictions / obligations: The Minister may by order, exempt any person or category of persons from the operation of all or any provisions of the Decree and subject to such conditions as he thinks fit.

  • Occupational Safety and Health Decree 1978. No. 54. (S 3(2))

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• 2.4.5 Other

  Summary/citation: The Occupational Safety and Health (Dock Work) Regulations, 2012 has been passed, applying to "all persons engaged in or affected by the process in any port or dock and the master and crew of any vessel registered in Seychelles".

  Restrictions / obligations: The Minister may by order, exempt any person or category of persons from the operation of all or any provisions of the Decree and subject to such conditions as he thinks fit.
  

  • Occupational Safety and Health (Dock Work) Regulations, 2012 (S.I. 7 of 2012).

  • Occupational Safety and Health Decree 1978. No. 54. (S 3(2))

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2.5 Definition of occupational accident

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  Yes.
  

  • Occupational Safety and Health Decree 1978. No. 54. (Part IV of the Schedule)

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• 2.6.2 Mechanism for compensating other diseases as occupational ones

  Summary/citation: “The Minister may, by regulations, specify the circumstances under which an accident or disease may be treated (…). In the case of a disease, as having been contracted in the course, or arisen out, of a person's employment."
  

  • Social Security Act, 2010 (Act No. 11 of 2010). (S 8)

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3.1 Competent national authority for safety and health at work

• 3.1.1 Objectives, roles and/or functions

  Summary/citation: “Subject to the directions of the Minister, the Director shall be responsible for the administration of this Decree and shall perform all such functions as may be necessary for its effective implementation and enforcement.”
  

  • Occupational Safety and Health Decree 1978. No. 54. (S 20)

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• 3.1.2 Chairperson and composition

  No data available.
  

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3.2 National OSH research programme or institute

• 3.2.1 Objectives, roles and/or functions

  No data available.
  

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• 3.2.2 Governance board constitution and chairmanship

  No data available.
  

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• 3.2.3 Source of funding

  No data available.
  

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3.3 National OSH programme

• 3.3.1 Consultation on the national OSH programme

  No data available.
  

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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

  Summary / Citation: "Every person employed in hazardous occupations shall be periodically examined by a designated occupational health doctor. The periodic examinations shall consist of the examinations and investigations specified in Part II of the First Schedule and shall be held at the intervals therein specified.
  The Director may require any person or category of persons employed in hazardous occupations to undergo a medical examination other than the examinations referred to in regulations 4 and 5."
  (Occupational Safety and Health (Medical Examinations) Regulations, 2003, S 5, 6)

  Remarks / comments: The Occupational Safety and Health (Medical Examinations) Regulations are contained within the same document as the Occupational Safety and Health Decree No. 54 of 1978.

  • Occupational Safety and Health Decree 1978. No. 54.

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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

  Summary / Citation: "The Minister may make regulations for the better carrying out of the provisions of this Decree and, without prejudice to the generality of the foregoing such regulations may make provision for all or any of the following matters: (...)
  Securing appropriate welfare facilities for persons at work including water supply, sanitary conveniences, washing and bathing facilities, ambulance and first aid arrangements, sitting and refreshment facilities."
  (Occupational Safety and Health Decree 1978. No. 54, S 34)

  "There shall be available at work places first aid supplies."
  (Occupational Safety and Health (Dock Work) Regulations, 2012, S 8(3))

  Employers are required to provide fist aid materials.
  (International Trade Zone (Employment) Regulations, 1997 (S.I. 13 of 1997)

  • Occupational Safety and Health (Dock Work) Regulations, 2012 (S.I. 7 of 2012). (S 8(3))

  • International Trade Zone (Employment) Regulations, 1997 (S.I. 13 of 1997).

  • Occupational Safety and Health Decree 1978. No. 54. (S 34, 20)

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• 4.8.2 Sanitary installations

  Summary / Citation: OSH Regulations make provision for sanitary and hygiene standards, particularly for good housekeeping; overcrowding in work premises; reasonable comfort zone temperature in a workroom or other premises; effective drainage system for work process or activity that renders the working place wet; sanitary conveniences for all employees; washing facilities with clean running water, soap and towel; supply of drinking water in the workplace; sufficient lighting in the workplace; eating facilities; sitting facilities; accommodation of clothing (lockers and changing room) etc.

  • International Trade Zone (Employment) Regulations, 1997 (S.I. 13 of 1997).

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• 4.8.3 Drinking water

  Summary / Citation: OSH Regulations make provision for sanitary and hygiene standards, particularly for good housekeeping; overcrowding in work premises; reasonable comfort zone temperature in a workroom or other premises; effective drainage system for work process or activity that renders the working place wet; sanitary conveniences for all employees; washing facilities with clean running water, soap and towel; supply of drinking water in the workplace; sufficient lighting in the workplace; eating facilities; sitting facilities; accommodation of clothing (lockers and changing room) etc.

  • International Trade Zone (Employment) Regulations, 1997 (S.I. 13 of 1997).

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• 4.8.4 Rest and eating areas

  Summary / Citation: OSH Regulations make provision for sanitary and hygiene standards, particularly for good housekeeping; overcrowding in work premises; reasonable comfort zone temperature in a workroom or other premises; effective drainage system for work process or activity that renders the working place wet; sanitary conveniences for all employees; washing facilities with clean running water, soap and towel; supply of drinking water in the workplace; sufficient lighting in the workplace; eating facilities; sitting facilities; accommodation of clothing (lockers and changing room) etc.

  • International Trade Zone (Employment) Regulations, 1997 (S.I. 13 of 1997).

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5.1 Elements of an OSH management system

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

  Remarks / comments: However OSH legislation provides that "the Minister may make regulations for the better carrying out of the provisions of this Decree ..."
  

  • Occupational Safety and Health Decree 1978. No. 54. (S 34)

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• 5.1.2 Appointment of a person for health and safety

  Summary/citation: "In enterprises of more than 50 workers, the employer must ensure that a safety officer is elected. The employer must provide all necessary facilities, equipment and information to the safety officer."
  

  • Occupational Safety and Health (Safety Officers) Regulations, 2012 (S.I. 6 of 2012).

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• 5.1.3 Written risk assessment

  Remarks / comments: However OSH legislation provides that "the Minister may make regulations for the better carrying out of the provisions of this Decree ..."

  • Occupational Safety and Health Decree 1978. No. 54. (S 34)

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• 5.1.4 Safe operating work systems and procedures

  Summary/citation: “It shall be the duty of every employer to ensure, in accordance with the Decree and any other written law, to employees safety and welfare at work of all his employees. This include: the provision and maintenance of plant and systems of work that are safe and without risks to health, as regards any place of work under the employer's control, and the maintenance of it in a condition that is safe and without risks; the provision and maintenance of a working environment for his employees that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work."

  • Occupational Safety and Health Decree 1978. No. 54. (S 4(1)(2))

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• 5.1.5 Training and information on risks

  Summary/citation: The duties of employers include the duty to provide such information, instruction, training and supervision as is necessary to ensure the health and safety at work of his employees.
  (Occupational Safety and Health Decree No. 54 of 1978, S 4(2))

  "A Safety Officer shall organise campaigns, training courses, competitions, contests and other activities designed to develop and maintain the interest of persons employed in the factory in the premises in establishing safe and healthy working conditions."
  (Occupational Safety and Health (Safety Officers) Regulations, 2012, S 8(g))

  • Occupational Safety and Health (Safety Officers) Regulations, 2012 (S.I. 6 of 2012). (S 8(g))

  • Occupational Safety and Health Decree 1978. No. 54. (S 4(2))

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• 5.1.6 Review or assessment of the results of preventive measures

  Summary/citation: “It shall be the duty of every employer to ensure, in accordance with the Decree and any other written law, to employees safety and welfare at work of all his employees. This include: the provision and maintenance of plant and systems of work that are safe and without risks to health, as regards any place of work under the employer's control, and the maintenance of it in a condition that is safe and without risks; the provision and maintenance of a working environment for his employees that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work."

  Remarks / comments: However OSH legislation provides that "the Minister may make regulations for the better carrying out of the provisions of this Decree ..."

  • Occupational Safety and Health Decree 1978. No. 54. (S 4(1) (2), S 34)

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• 5.1.7 Consultation with workers in health and safety

  Summary/citation: "In categories of enterprises designated by the Director as involving particular risks to safety, the employees in such categories of enterprises shall elect from among themselves a health and safety representative and the employer of such categories of enterprises may, in addition to a representative elected by the employees, also designate an employee as a health and safety representative."
  (S 25)

  "Health and safety representatives appointed or designated under section 25 shall monitor and report safety and health problems and needs in the enterprise to management and shall be released from their other duties for this purpose without loss of earnings."
  (S 27)

  Remarks / comments: Consultation at the enterprise between workers and management may be carry out through the worker's representatives on OSH.

  • Occupational Safety and Health Decree 1978. No. 54. (SS 25, 27)

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5.2 Obligation to implement a specific OSH management system or standard

6.1 OSH competence

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

  Summary / Citation: "In enterprises of more than 50 workers, the employer must ensure that a safety officer is elected. The employer must provide all necessary facilities, equipment and information to the safety officer."

  Remarks / comments: "Safety officer means a person employed by an enterprise with more than 50 workers to deal with safety and health matters" (S 2).

  • Occupational Safety and Health (Safety Officers) Regulations, 2012 (S.I. 6 of 2012).

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  • 6.1.1.1 Qualifications of experts or professional services

    Summary / Citation: "(1) A medical practitioner registered under the Medical Practitioners and Dentists Act and who has completed a course of training in occupational health approved by the Director may apply for registration as a designated occupational health doctor.
    (2) The Director may in his discretion and subject to such conditions as he may impose exempt a medical practitioner from the requirements of subregulation (1).
    (3) The Minister may with the concurrence of the Minister responsible for Health, appoint designated occupational health doctors for the purpose of these Regulations."
    (Occupational Safety and Health (Medical Examinations) Regulations, 2003, S 13)

    Remarks / comments: The Occupational Safety and Health (Medical Examinations) Regulations are contained within the same document as the Occupational Safety and Health Decree No. 54 of 1978.

    • Occupational Safety and Health Decree 1978. No. 54.

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6.2 Appointment of an OSH practitioner

• 6.2.1 Workforce size threshold for the appointment of OSH practitioners

  Summary/citation: "In enterprises of more than 50 workers, the employer must ensure that a safety officer is elected. The employer must provide all necessary facilities, equipment and information to the safety officer."

  • Occupational Safety and Health (Safety Officers) Regulations, 2012 (S.I. 6 of 2012).

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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

  No data available.
  

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8.1 National OSH committee, commission, council or similar body

• 8.1.1 Objectives, roles and/or functions

  Summary / Citation: The Occupational Safety Board is established to advise and assist the Minister in his functions under OSH legislation and to perform such other functions as may be assigned to it by OSH legislation or by the Minister.
  

  • Occupational Safety and Health Decree 1978. No. 54. (S 10(1))

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• 8.1.2 Constitution and chairmanship modalities

  Summary / Citation: The Board consists of a chairman and not less than nine members appointed by the Minister of whom equal numbers represent Government, employers and employees.

  • Occupational Safety and Health Decree 1978. No. 54. (S 10(2))

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8.2 Employers’ duty to consult workers on risks

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

• 8.3.1 Workforce size conditions for workers’ representation in health and safety

  No data available.
  

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• 8.3.2 Conditions of eligibility to represent workers in health and safety

  No data available.
  

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8.4 OSH representatives’ functions, rights and powers

• 8.4.1 Right to inspect the workplace

  Summary / Citation: "Health and safety representatives appointed or designated (...) shall monitor and report safety and health problems and needs in the enterprise to management and shall be released from their other duties for this purpose without loss of earnings."

  • Occupational Safety and Health Decree 1978. No. 54. (S 27)

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• 8.4.2 Right to access OSH information

  Summary / Citation: "Health and safety representatives elected or designated under section 25 shall attend without loss of earning, short courses on basic safety and health to be organised by the Government."
  (S 26)

  "Health and safety representatives appointed or designated (...) shall monitor and report safety and health problems and needs in the enterprise to management and shall be released from their other duties for this purpose without loss of earnings."
  (S 27)

  • Occupational Safety and Health Decree 1978. No. 54. (S 26, 27)

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• 8.4.3 Right to be present at interviews

  Remarks / comments: OSH legislation provides that "the Minister may make regulations for the better carrying out of the provisions of this Decree ..."

  • Occupational Safety and Health Decree 1978. No. 54. (S 34)

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• 8.4.4 Right to receive professional assistance from OSH experts

  Remarks / comments: OSH legislation provides that "the Minister may make regulations for the better carrying out of the provisions of this Decree ..."

  • Occupational Safety and Health Decree 1978. No. 54. (S 34)

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• 8.4.5 Right to accompany inspectors

  Remarks / comments: OSH legislation provides that "the Minister may make regulations for the better carrying out of the provisions of this Decree ..."
  

  • Occupational Safety and Health Decree 1978. No. 54. (S 34)

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• 8.4.6 Right to use facilities

  Remarks / comments: OSH legislation provides that "the Minister may make regulations for the better carrying out of the provisions of this Decree ..."
  

  • Occupational Safety and Health Decree 1978. No. 54. (S 34)

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• 8.4.7 Right to have time off work with pay to perform duties

  Summary / Citation: "Health and safety representatives appointed or designated (...) shall monitor and report safety and health problems and needs in the enterprise to management and shall be released from their other duties for this purpose without loss of earnings."

  • Occupational Safety and Health Decree 1978. No. 54. (S 27)

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• 8.4.8 Right to issue remedial notices

  Remarks / comments: OSH legislation provides that "the Minister may make regulations for the better carrying out of the provisions of this Decree ..."
  

  • Occupational Safety and Health Decree 1978. No. 54. (S 34)

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• 8.4.9 Right to resolve OSH issues in consultation with employers

  Remarks / comments: OSH legislation provides that "the Minister may make regulations for the better carrying out of the provisions of this Decree ..."
  

  • Occupational Safety and Health Decree 1978. No. 54. (S 34)

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• 8.4.10 Right to direct that dangerous work cease

  Remarks / comments: OSH legislation provides that "the Minister may make regulations for the better carrying out of the provisions of this Decree ..."
  

  • Occupational Safety and Health Decree 1978. No. 54. (S 34)

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8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace

• 8.5.1 Right to enter the workplace

  No data available.
  

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• 8.5.2 Right to investigate suspected non-compliance with OSH legislation

  No data available.
  

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• 8.5.3 Right to consult with workers

  No data available.
  

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• 8.5.4 Right to advise workers

  No data available.
  

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• 8.5.5 Right to initiate enforcement action

  No data available.
  

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8.6 Joint OSH Committee

• 8.6.1 Participation of workers’ representatives in joint OSH committee

  No data available.
  

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• 8.6.2 Conditions for establishing a joint OSH committee

  No data available.
  

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• 8.6.3 Objectives, roles and/or functions of joint OSH committees

  No data available.
  

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• 8.6.4 Keeping record of the work of joint OSH committees

  No data available.
  

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• 8.6.5 Sharing the minutes of joint OSH committees meetings

  No data available.
  

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8.7 Mandatory training for members of joint OSH committee(s)

8.8 Protection against reprisals

8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

9.1 Biological hazards

9.2 Chemical hazards

• 9.2.1 Handling, storage, labelling and use

  Summary / Citation: The Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997 provides for medical supervision at worksites where hazardous materials are used. Employers are required to provide fist aid materials and devise emergency evacuation plans at workplaces with 25 or more employees.
  

  • International Trade Zone (Employment) Regulations, 1997 (S.I. 13 of 1997).

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• 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users

  Summary / Citation: "It shall be the duty of any person who designs, manufactures, imports or supplies any article or substance for use at work to ensure that the article or substance is safe and without risk to health when properly used."
  

  • Occupational Safety and Health Decree 1978. No. 54. (S 7(1))

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• 9.2.3 Pesticides

  Summary / Citation: The Pesticides Control Act No. 4 of 1996 regulates the manufacture, distribution, use, storage and disposal of pesticides for the protection of the public health and the environment and to provide for matters connected therewith.

  “The Minister may, after consulting the Board, make regulations (…) with the concurrence of the Minister responsible for health, to protect the public health and, in particular the health of workers against the hazards arising from the manufacture, use, storage, handling and disposal of pesticides."
  (S 25 (1))
  

  • Pesticides Control Act (Act No. 4 of 1996). (25 (1))

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9.3 Ergonomic hazards

9.4 Physical hazards

• 9.4.1 Ionising radiation

  Summary / Citation: The Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997 sets forth maximum exposure limits to ionising radiation, and provides for the removal of workers from sources of radiation and for subsequent medical supervision if employees are exposed to radiation over the set limits.
  

  • Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997. (S 9)

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• 9.4.2 Vibration and noise

  Summary / Citation: The Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997 regulate noise protection
  

  • Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997.

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• 9.4.3 Working at height

  Summary / Citation: Specific OSH regulations exist for the purpose of protecting employees working in the construction industry, confined space and those working as welders in any work place. They make provision for the erection of solid scaffold, board, working platform, safety nets and belts, good housekeeping, safe site access, electrical safety, use of personal protective equipment (PPE), safe working in confined space which includes ship holds, tanks, manholes, cold storage and culverts and safe erection of temporary structure.
  

  • Occupational Safety and Health (Construction Industry, Confined Space and Welding) Regulations, 1991 (S.I. 61 of 1991)

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• 9.4.4 Working in confined spaces

  Summary / Citation: Specific OSH regulations exist for the purpose of protecting employees working in the construction industry, confined space and those working as welders in any work place. They make provision for the erection of solid scaffold, board, working platform, safety nets and belts, good housekeeping, safe site access, electrical safety, use of personal protective equipment (PPE), safe working in confined space which includes ship holds, tanks, manholes, cold storage and culverts and safe erection of temporary structure.
  

  • Occupational Safety and Health (Construction Industry, Confined Space and Welding) Regulations, 1991 (S.I. 61 of 1991)

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• 9.4.5 Risks arising from poor maintenance of workplace facilities

  Summary / Citation: Specific OSH regulations make provisions for good housekeeping; overcrowding in work premises; reasonable comfort zone temperature in a workroom or other premises; effective drainage system for work process or activity that renders the working place wet; sanitary conveniences for all employees; washing facilities with clean running water, soap and towel; supply of drinking water in the workplace; sufficient lighting in the workplace; eating facilities; sitting facilities; accommodation of clothing (lockers and changing room); lifting of heavy load; maximum noise level to which employees can be exposed to; exposure to radiation; personal protective clothing; First Aid facilities; evacuation of the sick and seriously injured.
  

  • Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997.

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• 9.4.6 Exposure to extreme temperatures

  Summary / Citation: Specific OSH regulations make provisions for good housekeeping; overcrowding in work premises; reasonable comfort zone temperature in a workroom or other premises; effective drainage system for work process or activity that renders the working place wet; sanitary conveniences for all employees; washing facilities with clean running water, soap and towel; supply of drinking water in the workplace; sufficient lighting in the workplace; eating facilities; sitting facilities; accommodation of clothing (lockers and changing room); lifting of heavy load; maximum noise level to which employees can be exposed to; exposure to radiation; personal protective clothing; First Aid facilities; evacuation of the sick and seriously injured.

  • Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997.

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• 9.4.7 Fire risks

  Summary / Citation: Specific OSH regulations provide for maintenance, safety and cleanliness of workplaces and for specific regulations on good housekeeping; overcrowding in work premises; reasonable comfort zone temperature in a workroom or other premises; effective drainage system for work process or activity that renders the working place wet; sanitary conveniences for all employees; washing facilities with clean running water, soap and towel; supply of drinking water in the workplace; sufficient lighting in the workplace; eating facilities; sitting facilities; accommodation of clothing (lockers and changing room); lifting of heavy load; maximum noise level to which employees can be exposed to; exposure to radiation; personal protective clothing; First Aid facilities; evacuation of the sick and seriously injured.

  • Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997.

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• 9.4.8 Tobacco

  No data available.
  

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• 9.4.9 Asbestos

  Summary / Citation: OSH legislation provides for medical supervision at worksites where hazardous materials are used.
  

  • Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997.

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• 9.4.10 Risks related to nanotechnology

  No data available.
  

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• 9.4.11 Contraction of HIV in the workplace

  Summary / Citation: "The tripartite partners commit themselves to (…) strengthen occupational safety and health systems to protect groups at risk, and in a manner which protects the health and income of those workers as well as the profitability of business and industry."

  • Seychelles Policy ON HIV/AIDS in the Workplace (Para 6)

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9.5 Psychosocial hazards

• 9.5.1 Psychosocial risks

  No data available.
  

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• 9.5.2 Occupational violence

  No data available.
  

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9.6 Other hazardous substances

9.7 Machineries

• 9.7.1 Risks related to machinery and tools

  Summary / Citation: Specific OSH regulations exist for the purpose of protecting employees working in the construction industry, confined space and those working as welders in any work place. They make provision for the erection of solid scaffold, board, working platform, safety nets and belts, good housekeeping, safe site access, electrical safety, use of personal protective equipment (PPE), safe working in confined space which includes ship holds, tanks, manholes, cold storage and culverts and safe erection of temporary structure.

  • Occupational Safety and Health (Construction Industry, Confined Space and Welding) Regulations, 1991 (S.I. 61 of 1991)

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• 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: "It shall be the duty of any person who designs, manufactures, imports or supplies any article or substance for use at work to ensure that the article or substance is safe and without risk to health when properly used."
  

  • Occupational Safety and Health Decree 1978. No. 54. (S 7(1))

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• 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information

  Summary / Citation: "It is the duty of any person who designs, manufactures, imports or supplies any article or substance for use at work to provide adequate information about the use of the article or substance to ensure that it will be safe and not a risk to health when properly used."

  • Occupational Safety and Health Decree 1978. No. 54. (S 7(1))

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• 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated

  No data available.
  

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• 9.7.5 Maintenance of machinery and equipment

  Remarks / comments: OSH legislation empowers the minister to make regulations, including requirements for the design, construction, guarding, siting, installation, commissioning, use, examination, repair, maintenance, alteration, adjustments, dismantling, testing or inspection of plant.
  

  • Occupational Safety and Health Decree 1978. No. 54. (S 34)

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  • 9.7.5.1 List of equipment where applicable

    No data available.
    

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9.8 Provisions to protect workers in specific condition of vulnerability

• 9.8.1 Protection of pregnancy at work

  Summary / Citation: A female worker may not be employed at night between the hours 10 p.m. and 5 a.m. from the time she is six months pregnant and up to three months after her confinement, In addition, a female worker has the right to be transferred to other work or duties if at any time during pregnancy and up to three months after confinement she produces a medical certificate that a change in the nature of her work is necessary in the interest of her health or that of her child.

  • International Trade Zone (Employment) Regulations, 1997 (S.I. 13 of 1997). (S 18(1))

  • Occupational Safety and Health (Construction Industry, Confined Space and Welding) Regulations, 1991 (S.I. 61 of 1991) (S 23(1))

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• 9.8.2 Protection of lactating women at work

  Summary / Citation: A female worker may not be employed at night between the hours 10 p.m. and 5 a.m. from the time she is six months pregnant and up to three months after her confinement, In addition, a female worker has the right to be transferred to other work or duties if at any time during pregnancy and up to three months after confinement she produces a medical certificate that a change in the nature of her work is necessary in the interest of her health or that of her child.

  • International Trade Zone (Employment) Regulations, 1997 (S.I. 13 of 1997). (S 18(1))

  • Occupational Safety and Health (Construction Industry, Confined Space and Welding) Regulations, 1991 (S.I. 61 of 1991) (S 23(1))

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• 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts

  Remarks / comments: Regulations empower the minister to make regulations prescribing conditions on the employment of women, trainees and disabled persons.
  

  • Employment Act, 1995 (No. 2 of 1995) (Cap. 69). (S 40)

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• 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age

  Summary / Citation: "Employment law specifically prohibits children under 18 from working in hotels, restaurants and shops."
  

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10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases

• 10.1.1 Work-related accidents

  Summary / Citation: OSH legislation provides for the recording of information regarding accidents, dangerous occurrences or illnesses at work.

  • Occupational Safety and Health Decree 1978. No. 54. (Section 32 and Part 1 of the Schedule)

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• 10.1.2 Near miss incidents

  Summary / Citation: OSH legislation provides for the recording of information regarding accidents, dangerous occurrences or illnesses at work.
  

  • Occupational Safety and Health Decree 1978. No. 54. (Section 32 and Part 1 of the Schedule)

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• 10.1.3 Occupational diseases

  Summary / Citation: OSH legislation provides for the recording of information regarding accidents, dangerous occurrences or illnesses at work.
  

  • Occupational Safety and Health Decree 1978. No. 54. (Section 32 and Part 1 of the Schedule)

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10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health

11.1 Appointment of OSH inspectors

11.2 OSH inspectors’ powers

• 11.2.1 Power to enter workplaces

  Summary / Citation: "An Officer appointed (…) may for the purpose of carrying into effect this Decree enter at any reasonable time (or at any time in a dangerous situation) any premises which he has reason to believe it is necessary for him to enter."

  • Occupational Safety and Health Decree 1978. No. 54. (S 23)

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• 11.2.2 Power to inspect and carry out any examination, test or enquiry

  Summary / Citation: “An Officer appointed (…) may for the purpose of carrying into effect this Decree make such examination and investigation as may be necessary; take such samples, measurements and photographs and make such recordings as he may consider necessary (…)."

  • Occupational Safety and Health Decree 1978. No. 54. (S 23)

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• 11.2.3 Power to investigate

  Summary / Citation: "An Officer appointed (…) may for the purpose of carrying into effect this Decree make such examination and investigation as may be necessary; take such samples, measurements and photographs and make such recordings as he may consider necessary (…)."

  • Occupational Safety and Health Decree 1978. No. 54. (S 23)

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• 11.2.4 Duty to provide advice on OSH

  Remarks / comments: "An Officer appointed (…) may for the purpose of carrying into effect this Decree exercise any other power which is necessary for the effective performance of his duties."
  

  • Occupational Safety and Health Decree 1978. No. 54. (S 23)

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11.3 OSH inspectors’ enforcement powers

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• 11.3.1 Power to issue orders or notices

  Summary / Citation: "An Officer appointed (…) may for the purpose of carrying into effect this Decree issue and require compliance with any improvement or prohibition notice which it may be his duty to serve under Part V."

  • Occupational Safety and Health Decree 1978. No. 54. (S 23)

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• 11.3.2 Power to impose financial penalties

  No data available.
  

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• 11.3.3 Power to revoke or suspend licenses or authorisations

  No data available.
  

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• 11.3.4 Power to require the cessation of dangerous work

  Summary / Citation: "If an officer appointed under section 21 is of the opinion that activities involve a risk of serious personal injury, he may serve a prohibition notice on the employer or person in control (…)."
  

  • Occupational Safety and Health Decree 1978. No. 54. (S 29)

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• 11.3.5 Power to initiate prosecutions

  Summary / Citation: “An officer authorised by the Minister may prosecute an offence under this Decree in a Magistrates' court."
  

  • Occupational Safety and Health Decree 1978. No. 54. (S 42)

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• 11.3.6 Power to conduct prosecutions

  Summary / Citation: “An officer authorised by the Minister may prosecute an offence under this Decree in a Magistrates' court."
  

  • Occupational Safety and Health Decree 1978. No. 54. (S 42)

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• 11.3.7 Other enforcement powers

  Summary / Citation: "An Officer appointed (…) may for the purpose of carrying into effect this Decree exercise any other power which is necessary for the effective performance of his duties."
  

  • Occupational Safety and Health Decree 1978. No. 54. (S 23)

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11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: "Any person who commits an offence under section 36 shall be liable on conviction
  (a) in the case of an employee, to a fine of SCR 2,500 (approx. 180 USD);
  (b) in the case of any other person, to a fine of SCR 10,000 (approx. 721 USD)"
  (Occupational Safety and health Decree No. 54 of 1978, S 37)

  "An employer who, without reasonable excuse, fails to comply with any of these Regulations is guilty of an offence and liable to a fine of SCR 20,000" (approx. 1,434 USD).
  (Occupational Safety and Health (Construction Industry, Confined Space and Welding) Regulations, 1991, S 39)

  • Occupational Safety and Health (Construction Industry, Confined Space and Welding) Regulations, 1991 (S.I. 61 of 1991) (S 39)

  • Occupational Safety and Health Decree 1978. No. 54. (S 37)

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• 11.4.2 Financial penalties for natural persons

  Summary / Citation: "Any person who commits an offence under section 36 shall be liable on conviction
  (a) in the case of an employee, to a fine of SCR 2,500 (approx. 180 USD);
  (b) in the case of any other person, to a fine of SCR 10,000 (approx. 721 USD)"
  (Occupational Safety and health Decree No. 54 of 1978, S 37)

  "An employer who, without reasonable excuse, fails to comply with any of these Regulations is guilty of an offence and liable to a fine of SCR 20,000" (approx. 1,434 USD).
  (Occupational Safety and Health (Construction Industry, Confined Space and Welding) Regulations, 1991, S 39)

  • Occupational Safety and Health (Construction Industry, Confined Space and Welding) Regulations, 1991 (S.I. 61 of 1991) (S 39)

  • Occupational Safety and Health Decree 1978. No. 54. (S 37)

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• 11.4.3 Non-financial sanctions

  Summary / Citation: “Persons convicted of an offence under this Decree may be directed by the court to remedy or comply with the act or omission constituting the offence in addition to or in lieu of the penalty for the offence.”
  

  • Occupational Safety and Health Decree 1978. No. 54. (S 40)

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• 11.4.4 Criminal liability

  Summary / Citation: “Nothing in section 42 derogates from the powers of the Attorney General in respect of the prosecution of criminal offences.”
  

  • Occupational Safety and Health Decree 1978. No. 54. (S 43)

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• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: “Where in a prosecution for an offence under this Decree the court is satisfied that the act or omission constituting the offence was occasioned by gross misconduct or neglect on the part of accused, the court may, in addition to or in lieu of any penalty under section 37, impose a term of imprisonment not exceeding 2 years.”

  • Occupational Safety and Health Decree 1978. No. 54. (S 38)

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