Namibia is on the cusp of a significant transformation in its approach to Occupational Safety and Health ("OSH") regulations. The Draft Occupational Safety and Health Bill, 2024 ("OSH Draft Bill") proposes sweeping changes to the current regime established under Chapter 4 of the Labour Act No. 11 of 2007. This article highlights the key changes, what will remain unchanged, and the practical implications for employers, HR professionals, and compliance officers.
Key Changes Introduced by the OSH Draft Bill:
- Establishment of a Dedicated OSH Commission
- The OSH Draft Bill creates a new Occupational Safety and Health Commission, responsible for national coordination, policy development, and oversight of OSH matters.
- New roles are introduced, including the Occupational Safety and Health Commissioner, Chief Inspector, Chief Inspector for Mines, and Chief Medical Officer of Occupational Health, each with defined mandates.
- Technical committees and approved inspection authorities will provide sector-specific expertise and oversight.
- Expanded scope and coverage
- The OSH Draft Bill applies to all workers and employers, including those in the informal economy, self-employed persons, contractors, and volunteers.
- The definition of “worker” is broadened, ensuring protection for non-traditional employment relationships and vulnerable groups.
The OSH Draft Bill does not appear to repeal laws which may be in conflict with the provisions contained in the OSH Draft Bill. However, Section 2(2) thereof provides that
" In case of conflict between a provision of this Act and a provision of any other laws listed in First Schedule, in connection with the safety and health of workers, unless the provision of other law is more favourable to the worker, the provision of this Act shall prevail to the extent of the conflict."
- Enhanced employer duties
- Section 21 of the OSH Draft Bill seeks to impose general duties to employers and persons in charge of premises, without reference to the criterion of "reasonably practicable". For instance, Section 21(1) of the OSH Draft Bill provides that -
"Every employer or person in charge of premises shall, without charge to the workers, provide and maintain a working environment that is safe and without risk to the health of workers." (Own emphasis)
- Section 21(4) of the Draft OSH Bill provides that –
"An employer or person in charge of premises who has entered into an agreement with a contractor to perform certain tasks shall ensure that such a contractor complies with this Act." (Own emphasis)
- Although "reasonably practicable" is defined in Chapter 1 of the Draft OSH Bill, and included on provisions dealing with, amongst others, employer's duties to conduct risk assessments (see Section 22); duty to provide protective equipment and clothing (see Section 23); and the obligation of persons who erect or install articles for use at work or in any premises (see Section 28(2)), the exclusion thereof under the general duties contemplated in Section 21, may be suggestive of an absolute obligation to employers and persons in charge of premises. The effect thereof is that an absolute obligation rests upon employers and persons in charge of premises to "provide and maintain a working environment that is safe and without risk to the health of workers".
- Employers will be required to conduct regular risk assessments, provide personal protective equipment, and implement comprehensive OSH policies and wellness programmes.
- There are new obligations to register workplaces, notify authorities of construction and hazardous activities, and appoint safety and health officers.
- Psychosocial risks and employee wellness are now explicitly included in employer responsibilities.
- Strengthened worker participation
- All workers will have the right to nominate and elect safety and health representatives, with clear rules for elections and terms.
- Safety and health committees will be mandatory in workplaces with 20 or more workers, with equal representation from workers and employers.
- Worker representatives will have expanded rights, including participation in audits and policy development.
- Robust enforcement and compliance mechanisms
- Inspectors will have enhanced powers, including the ability to impose fines directly, prohibit dangerous activities, and require police assistance.
- A clear appeals process is introduced, allowing decisions to be challenged up to the Labour Court.
- Offences and penalties are more detailed, with higher maximum fines (up to N$200,000) and explicit criminal liability for a wider range of contraventions.
- Rigorous reporting and record-keeping
- Employers must comply with detailed requirements for notification and investigation of accidents, dangerous occurrences, and occupational diseases.
- Record-keeping periods are extended (up to 45 years for accidents, 30 years for exposures and diseases).
- Medical surveillance and occupational hygiene records are now mandatory.
Practical Implications for Employers
- Review and update policies: Employers should begin reviewing their current OSH policies and procedures to ensure alignment with the new requirements, particularly regarding risk assessments, psychosocial hazards, and wellness programmes.
- Prepare for enhanced oversight: Expect more frequent and detailed inspections, with the possibility of direct fines and stricter enforcement.
- Strengthen worker engagement: Prepare for more formalised worker participation in OSH matters, including the election of representatives and establishment of committees.
- Record-keeping: Ensure systems are in place for long-term retention of OSH records, including medical surveillance and accident reports.
- Training and communication: Invest in training for management and staff on the new requirements and the expanded rights and duties under the Bill.
Conclusion
The OSH Draft Bill represents a comprehensive overhaul of Namibia’s occupational safety and health regime. Employers should take proactive steps to understand the new requirements and begin preparations for compliance. The changes are designed to modernise OSH governance, strengthen worker protections, and promote a culture of prevention and wellness in the workplace.
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Read the original publication at ENS
