Khoemacau Occupational Health And Safety Nurse Botswana

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ILO is a specialized agency of the United Nations
Occupational Safety and Health (OSH)
Summary/citation: Occupational health and safety in Botswana is regulated by various pieces of legislation. The principal laws are the Factories Act; the Agrochemicals Act; the Mines, Quarries Works & Machinery Act; the Radiation Protection Act and the Workers Compensation Act.
These laws provide for the safety, health and welfare of persons employed in factories and other places and the safety and inspection of certain plants and machineries (Factories Act); the registration and licensing of agrochemicals; the control or regulation of their importation, manufacture, distribution, use and disposal, so as to prevent pollution to the environment or harm to human, plant or animal life (Agrochemicals Act); the safety, health and welfare of persons engaged in prospecting, mining and quarrying operations including any works which are part of and ancillary to mining and quarrying operations (the Mines, Quarries Works & Machinery Act); and the compensation of workers for injuries suffered or occupational diseases contracted in the course of their employment or for the deaths resulting from such injuries or diseases (the Workers Compensation Act). Other provisions affecting the safety, health and welfare of workers are contained in the Employment Act. In addition, there are several Regulations and Statutory Instruments published in terms of these laws.
Summary/citation: Some of the OSH laws define bodily injury to include injury to health, which would also mean mental health.

Summary/citation: ""Employee" means any person who has, either before or after the commencement of this Act, entered into a contract of employment for the hire of his labour ...".

Summary/citation: The definitions of "employ" and "employee" include migrant workers in the Employment and Factories Act of 1979.

Restrictions / obligations: International migrants shall be in possession of a valid work permit.

Summary/citation: The definitions of "employ" and "employee" include domestic workers in the Employment Act. The Act further defines "domestic employee" as meaning “any house, stable or garden servant, motor car driver or domestic attendant employed in or in connection with the domestic services of any private premises, including land devoted to cultivation or grazing other than for commercial purposes”.
Restrictions / obligations: However, households do not fall under the definition of factory in the Factories Act of 1979, thereby excluding domestic workers from its protection.

Remarks / comments: The definitions of "employ" and "employee" in the Employment Act would include home workers; home work could fall under the definition of “factory” in the Factories Act.
Summary/citation: The definitions of "employ" and "employee" exclude self-employed persons from the Employment and Factories Act of 1979.

Summary/citation: OSH legislation (e.g. the Factories Act) uses the definitions of the Employment Act. The Act defines "employ" as meaning, “in relation to the person employing, to use as an employer the labour of an employee” and "employer" means “any person who has entered into a contract of employment to hire the labour of any person”.

Summary/citation: Agriculture is not excluded from the scope of OSH legislation.
Summary/citation: Construction is not excluded from the scope of OSH legislation.
Summary/citation: Services are not excluded from the scope of OSH legislation.
Summary/citation: The public sector is not excluded from the scope of OSH legislation.
Summary/citation: "In the case of any public emergency the Minister may, by order, to the extent and during the period named in the order, exempt from this Act either factories generally or any class or description of factory."

Summary/citation: "(1) The Minister of Labour may give directions, either generally or with reference to a particular case, to all or any persons appointed or authorized by the Minister or the (Labour) Commissioner under this Act as to the carrying out of their functions under this Act and, where such directions are given generally, they shall be in writing.
(2) Notwithstanding the other provisions of this Act, every person to whom directions are given by the Minister under subsection (1) shall comply with those directions. "

Summary/citation: "OSH legislation states that ""the Minister may make regulations for the better carrying out of the objects and purposes of the legislation and for giving effect to its principles and provisions, and in particular, but without prejudice to the generality of the foregoing, such regulations may, in relation to all mines, quarries and works or any mine, quarry or works, make provision concerning (inter alia) the powers, duties and practices of owners, agents and managers.""
"The Chief Government Mining Engineer and, subject to his directions, inspectors and any other subordinate officers appointed or deemed to have been appointed , shall exercise supervision over all prospecting, mining and quarrying operations, and works and machinery connected therewith."
Summary/citation: Part IV to part VII of Factories Act contain several provisions on surveillance of the working environment and working practices.
Summary / Citation: (1) Every employer shall, at his own expense, provide for his employees and members of their families living with them medical aid in accordance with such scale as may be prescribed:
Provided that, in so far as the provision of such medical aid for the members of the employee's family is concerned, this obligation shall extend only to cases where the employee and his family are resident on land which the employer is entitled to occupy or of which the employee makes use with the knowledge and consent of the employer.
Summary / Citation: Part IV to part VII of Factories Act contain several provisions on surveillance of the working environment and working practices.
Summary / Citation: In factories where workers are employed in any process involving excessive exposure to wet or any injurious or offensive substance, employers shall provide and maintain suitable protective clothing and appliances, including, where necessary, suitable gloves, footwear, goggles, head or face coverings or any other necessary clothing or appliance required by the Chief Inspector. The Agrochemicals Act also requires the provision of protective clothing.
Summary / Citation: "(1) There shall be provided and maintained, so as to be readily accessible, a first aid box or cupboard stocked to the prescribed standard.
(2) Nothing except appliances or requisites for first aid shall be kept in a first aid box or cupboard.
(3) Each first aid box shall be placed under the charge of a responsible person who shall always be readily available during working hours, and a notice shall be affixed in every workroom stating the name of the person in charge of the first aid box or cupboard provided in respect of that room."

Remarks / comments: The Minister may make regulations for the better carrying into effect of the purposes and provisions of this Part and, without prejudice to the generality of the foregoing, such regulations may provide -
•(a) for the feeding of employees in cases where food is to be supplied by an employer under or at the termination of any contract of employment and prescribe the description and scale of rations to be supplied;
•(b) for all matters relating to the supply of water by employers to employees;
•(c) for and prescribe the description and scale of medicines, medical attention, accommodation, equipment, staff and treatment to be provided by employers to employees;
•(d) for all matters relating to the return of employees from the place of employment to the place of origin or the place of engagement, whichever is nearer to the place of employment; and
•(e) for the disinfection, disinfectation and rat-proofing of buildings.

Summary / Citation: "Sufficient and suitable sanitary conveniences for the persons employed in the factory shall be provided, maintained and kept clean, and effective provision shall be made for lighting the conveniences; and, where persons of both sexes are or are intended to be employed (except in cases where the only persons employed are members of the same family dwelling there), such conveniences shall afford proper separate accommodation for persons of each sex."
"(1) Subject to the other provisions of this section, every employer shall -
•(a) cause his employees to be housed in such manner as may be prescribed; and
•(b) provide for his employees and members of their families living with them such sanitary arrangements both at the place of employment and the place where they are housed of such scale and description as may be prescribed."
Summary / Citation: "(1) An adequate supply of potable drinking water shall be provided and maintained at suitable points conveniently accessible to all persons employed.
(2) A supply of drinking water which is not laid on shall be contained in suitable vessels, and shall be renewed at least daily, and all practical steps shall be taken to preserve the water and vessels from contamination; and a drinking water supply (whether laid on or not) shall, in such cases as an inspector may direct, be clearly indicated by a notice in Setswana and English and in such other language as the inspector may direct."
"(1) Every employer shall, at his own expense, provide for his employees and members of their families living with them resident on land which the employer is entitled to occupy or of which he makes use an adequate and easily accessible supply of wholesome water for drinking, washing and other domestic purposes to the satisfaction of the appropriate authority and shall take all such measures as are necessary and practicable and as the appropriate authority may, by notice in writing served on the employer, require to be taken to maintain the supply and protect it from pollution."
Remarks / comments: The Minister may make regulations for the better carrying into effect of the purposes and provisions of this Part and, without prejudice to the generality of the foregoing, such regulations may provide -
•(a) for the feeding of employees in cases where food is to be supplied by an employer under or at the termination of any contract of employment and prescribe the description and scale of rations to be supplied;
•(b) for all matters relating to the supply of water by employers to employees;
•(c) for and prescribe the description and scale of medicines, medical attention, accommodation, equipment, staff and treatment to be provided by employers to employees;
•(d) for all matters relating to the return of employees from the place of employment to the place of origin or the place of engagement, whichever is nearer to the place of employment; and
•(e) for the disinfection, disinfectation and rat-proofing of buildings.

Summary/citation: Part IV to part VII of Factories Act contain several provisions on surveillance of the working environment and working practices.
Summary / Citation: The Factories Act states that "no person employed in a factory shall wilfully and without reasonable cause do anything likely to endanger himself or any other person."
The Mines, Quarries, Works and Machinery Regulations also state that “every person at or in a mine, quarry or works shall take precautions to ensure his own safety and the safety of his fellow workmen, during the course of his employment”.
Summary / Citation: The Factories Act states that "no person employed in a factory shall wilfully and without reasonable cause do anything likely to endanger himself or any other person."
The Mines, Quarries, Works and Machinery Regulations also state that “every person at or in a mine, quarry or works shall take precautions to ensure his own safety and the safety of his fellow workmen, during the course of his employment”.
Summary / Citation: “The supervisor at a mine, quarry or works shall enforce these Regulations, and ensure the safety and health of employees during the course of their employment”.

Summary / Citation: "It shall be the duty of every person who has in his charge or under his control anything, whether moving or stationary, of such a nature that, in the absence of care or precaution in its use or management, the life, safety or health of any person may be endangered, to use reasonable care and take reasonable precautions to avoid such danger; and he shall be deemed to have caused any consequences which adversely affect the safety or health of any person by reason of any omission to perform that duty."
Summary / Citation: "No person employed in a factory shall wilfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of this Act for securing the safety, health and welfare of the persons employed in the factory and where any means or appliance for securing safety or health is provided for the use of any such person under this Act he shall use that means or appliance. "
Summary / Citation: OSH legislation provides for workers to withdraw in certain circumstances, such as in the event of a main fan stopping for any reason and thereby endangering the safety of persons; and in the event where any shaft, raise or winze is directly connected to any other mine working and where such shaft, raise or winze is being enlarged by slyping.
Summary / Citation: The Mines, Quarries, Works and Machinery Act states that "there shall be established a mines, quarries and works safety committee .....
"The Agrochemical Act also states that "the Minister shall appoint an advisory and review committee to be known as the National Agrochemicals Committee."
The Factories Act provides for the establishment of a Factories Advisory Board.
"Establishment of Labour Advisory Board.
(1) There is hereby established a board to be known as the Labour Advisory Board (in this Part referred to as "the Board")."
Summary / Citation: The functions of the Mines, quarries and works safety committee are to advise the Minister on the supervision to be exercised over mines, quarries and works, or on any thing or practice which affects or is likely to affect the safety, health or welfare of persons employed in or at mines, quarries and works.
"The functions of the National Agrochemicals Committee shall be to-
(a) do all things as are necessary to control or regulate the importation, distribution, use and disposal of agrochemicals in terms of this Act;
(b) ensure compliance with the provisions of this Act including to make recommendations to and advise the Registrar, in respect of a certificate or licence sought to be issued interms of this Act; and
(c) review the registration and licensing of agrochemicals."
Factories Advisory Board. "For the purpose of giving advice and assistance in regard to matters affecting safety, health and welfare in factories and such other places as are subject to the provisions of this Act, the Minister may, by order published in the Gazette, establish a Factories Advisory Board of such composition as he considers adequate and suitable."
"Duty of Minister to consult the Labour Board.
(1) The Minister shall, where it is reasonably practicable to do so, consult the Board before introducing any Bill relating to employment into the National Assembly or before making any subsidiary legislation relating to employment.
(2) Without prejudice to the generality of subsection (1), the Minister shall consult the Board before introducing any Bill into the National Assembly or before making any subsidiary legislation, as the case may be, which -
•(a) makes fresh provision for contracts of employment;
•(b) amends this Act in any respect; or
•(c) relates to the productivity of employees."

Summary / Citation: The members of the Mines, quarries and works committee are the Chief Government Mining Engineer, who is the chairman; an inspector; one person nominated by an organization or organizations' representative of owners of mines, quarries and works; one person nominated by an organization or organizations' representative of daily-paid workers employed in or at mines, quarries and works; and one person nominated by an organization or organizations' representative of supervisory staff (other than daily-paid workers) employed in or at mines, quarries and works.
The National Agrochemicals Committee shall be composed of twelve members consisting of the following or their representatives-
(a) Director of Crop Production and Forestry who shall be the chairperson;
(b) Director of Animal Health and Production;
(c) Director of Agricultural Research;
(d) Director of Wildlife and National Parks;
(e) Director of Quality Assurance, Botswana Bureau of Standards;
(f) Dean of Faculty of Agriculture, Botswana College of Agriculture;
(g) Government Chemist, Ministry of Health;
(h) Head of the Chemistry Department, University of Botswana;
(i) Chief Chemist, Department of Water Affairs;
(j) Representative of National Conservation Strategy (Coordinating) Agency;
(k) Representative of the farming community; and
(l) Representative of the agrochemicals industry.
(3) The Registrar shall be the secretary of the Committee, entitled to attend and take part in the proceedings of every meeting of the Committee but shall have no vote.
(4) Half of the members of the Committee shall hold office for a period of two years and the other half shall hold office for a period of three years as the Minister shall direct.
(5) A member shall be eligible for re-appointment at the expiration of his or her term of office as may be determined in accordance with subregulation (4) .
(6) The Minister may co-opt two other members who, in his or her opinion, have knowledge experience likely to contribute to the carrying out of the Committee's functions."
Factories Advisory Board. "For the purpose of giving advice and assistance in regard to matters affecting safety, health and welfare in factories and such other places as are subject to the provisions of this Act, the Minister may, by order published in the Gazette, establish a Factories Advisory Board of such composition as he considers adequate and suitable."
Summary / Citation: "Vessels containing dangerous liquids.
(1) Every fixed vessel, structure, sump or pit, of which the edge is level with or less than one metre above the adjoining ground or platform shall, if it contains any scalding, corrosive or poisonous liquid, either be securely covered or securely fenced to at least that height, or where by reason of the nature of the work neither secure covering nor secure fencing to that height is practicable, all practical steps shall be taken by covering, fencing or other means to prevent any person from falling into the vessel, structure, sump or pit.
(2) As respects any such plant mentioned in subsection (1), a warning notice, indicating the nature of the da
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