Five (5) facilities that can ensure health and safety conditions Section 118 (2) of Labour Act, 2003, (Act 651) – an employer shall:
i. provide and maintain at the workplace, plant and system of work that are safe and without risk to health;
ii. ensure the safety and absence of risks to health in connection with use, handling, storage and transport of articles and substances;
iii. provide the necessary information, instructions, training and supervision having regard to the age, literacy level and other circumstances of the worker, to ensure, so far as is reasonably practicable, the health and safety at work of those other workers engaged on the particular work;
iv. take steps to prevent contamination of the workplaces by, and protect the workers from, toxic gases, noxious substances, vapours, dust, fumes, mists and other substances or materials likely to cause risk to safety or health;
v. supply and maintain at no cost to the worker adequate safety appliances, suitable fire-fighting equipment, personal protective equipment, and instruct, the workers in the use of the appliances or equipment.
vi. provide separate, sufficient and suitable toilet and washing facilities and adequate facilities for the storage, changing, drying and cleansing from contamination of clothing for male and female workers;
vii. provide adequate supply of clean drinking water at the work-place; and
viii. prevent accidents and injury to health arising out of, connected with, or occurring in the course of, work by minimizing the causes of hazards inherent in the working environment.

The duties are that the worker must:
Work conscientiously in the lawfully chosen occupation. A worker who holds himself out as being skilled and competent to do a certain type of work, for which he/she is employed owes a duty to perform the work with reasonable skill and competence.
Report for work regularly and punctually. Section 33 of Act 651 provides that the maximum hours of work shall be 8 hours in a day or 40 hours per week. Subject to specific terms of engagement or exceptional cases, any additional period of work shall be deemed as overtime for which the worker should be compensated.
Protect the interests of the employer. It is expected that a worker will not disclose confidential information about his/her employer except to the extent provided for by law. The worker must not also put himself in a position where his own interest (e.g. part time jobs) conflict with his duty to the employer. He must not be persistently idle, dishonest or undermine the employer’s business.

Responsibilities of the Employer – section 118 (1) and (3) of Labour Act, 2003, (Act 651)
It is the duty of an employer to ensure that every worker employed by him or her works under satisfactory, safe and healthy conditions. It is the obligation of every worker to use the safety appliances, firefighting equipment and personal protective equipment provided by the employer in compliance with the employer’s instructions.

Where a worker fails to observe his duties on the job, the employer may apply the necessary sanctions as prescribed in the Contract of Employment, Conditions of Service, Collective Agreement, Staff Handbook or any other document governing the employment relationship.

Sanctions – section 118 (4) and (5) of Labour (Act 651) – An employer shall not be liable for injury suffered by a worker who contravenes subsection (3) where the injury is caused solely by noncompliance by the worker. An employer who, without reasonable excuse, fails to discharge any of the obligations under subsection (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding 1000 penalty units or to imprisonment for a term not exceeding 3 years or to both.

Steps to be taken when faced with hazard (section 119) – When a worker finds himself or herself in any situation at the workplace which she or he has reasonable cause to believe presents an imminent and serious danger to his or her life, safety or health, the worker shall immediately report this fact to his or her immediate supervisor and remove himself or herself from the situation.
An employer shall not dismiss or terminate the employment of a worker or withhold any remuneration of a worker who has removed himself or herself from a work situation which the worker has reason to believe presents imminent and serious danger to his or her life, safety or health.
An employer shall not require a worker to return to work in circumstances where there is a continuing imminent and serious danger to the life, safety or health of the worker.