Occupational Safety and Health Act 2005

GIS - September 04: The Minister of Labour, Industrial Relations and Employment, Dr. Vasant Bunwaree, gave a press conference this morning in Port Louis in connection with the proclamation of the Occupational Safety and Health Act 2005.

According to Minister Bunwaree, there was an urgent need to review the previous law. He pointed out that the Occupational Safety and Health Act 2005 will review the politics and strategies and will also consolidate and update the current legislation with present data.

Contrary to the Occupational Safety, Health and Welfare Act 1988, this new legislation binds the State. Furthermore, the difference in treatment between the public and private sector which existed so far has been eliminated, thereby providing a decent workplace to all employees in Mauritius.

The new Act also makes provision for additional duties and responsibilities for employers, such as:

• Employers having 50 or more employees will have to make a written statement of their policy with respect to occupational safety and health in their enterprises;
• Appropriate procedures for fire, explosion, accidental release of substances hazardous to health or dangerous occurrences should be established;
• Employers will have to make suitable and sufficient risk assessment for their employees and for other persons who may be affected by their work activity, i.e. visitors, clients;
• Employers who have workers other than their own employees working in their undertaking have the obligation to inform these workers and also their respective employers of the risks to safety and health at the undertaking;
• Employers who have 50 or more employees are now required to establish a Safety and Health Committee which will be chaired by a representative of the Employer and a Vice-chairperson being a worker.

The Minister underlined that an employee may file a complaint against his employer with the Permanent Secretary or a representative if he considers that his safety and health can be adversely affected as a result of a breach of or inadequate measures taken under this Act.