In the context of the publication of the new Labour Law no. 13/2023, of 25 August, it is important to remember the importance of Hygiene, Health and Safety at Work in Organisations.
Hygiene, Health and Safety at Work (HST) should be considered fundamental values of any organisation, since they guarantee that individuals can carry out their work duties in a safe and healthy manner. That’s why it’s important to clarify some concepts that companies sometimes confuse, such as hygiene, health and safety.
Hygiene at work
Hygiene at work refers to the set of practices and measures adopted to maintain a work environment that is clean, organised and free from conditions that could harm the health and well-being of workers. This includes cleaning and maintaining facilities, promoting employees’ personal hygiene and preventing unhealthy conditions.
Health at Work
This is not restricted to the field of medical surveillance (individual medical examinations to assess health/physical fitness), but to the control of physical, chemical, biological and mental elements that can affect health. A concrete example of promoting health at work is the implementation of ergonomic environments, i.e. ensuring that workspaces are properly designed to prevent musculoskeletal injuries.
Safety at Work
This can be defined as administrative measures adopted with the aim of reducing or controlling the number of accidents at work and occupational illnesses in a company, seeking to protect the physical and mental integrity of workers so that they can carry out their duties in a healthy manner. Safety at work can be ensured through the use of Personal Protective Equipment (PPE), the maintenance of equipment and facilities, among other measures.
Generally speaking, Hygiene, Health and Safety at Work can be understood as a series of measures and practices aimed at preventing accidents, injuries and work-related illnesses, as well as promoting the physical and mental well-being of workers.
Hygiene, Health and Safety at Work seeks to reduce occupational risks by identifying and minimising the factors that may affect employees’ working environment. Guidelines have therefore been established by various organisations worldwide (e.g. the World Labour Organisation), which have been translated into national legislation so that they establish standards of hygiene and safety in the workplace, designed to protect workers and promote safe and healthy working environments.
Although occupational health and safety legislation represents the legal framework for protecting workers, it is only effective when it is backed up by effective application by companies and state supervision. Without effective and adequate enforcement rules, not all employers feel obliged to comply with the rules and regulations in this area. To ensure compliance with HST laws, the state, through its governmental inspection and regulatory agencies, must carry out regular inspections of workplaces to ensure that companies are complying with established laws.
Therefore, the application of OSH legislation in organisations is a crucial part of corporate responsibility and, in order to do so, it is necessary to know it. For organisations to be legally compliant, it is essential to have a broad understanding of the legislation before even applying it. This makes it possible to identify which regulations or requirements specifically apply to the organisation in question.
As far as Mozambican legislation is concerned, it arises through the mother law, the Constitution of the Republic. It was on the basis of the Constitution of the Republic that various laws and regulations relating to Hygiene, Health and Safety at Work were enacted, most notably the Labour Law, No. 23/2007 of 1 August, currently revised and repealed by Law No. 13/2023 of 25 August, Chapter VI of which relates to the Hygiene, Health and Safety of workers. In addition, a number of other laws relating to HST can be cited as examples:
Decree no. 62/2013 of 4 December – Legal Regime for Accidents at Work and Occupational Diseases;
Decree no. 45/2009 of 14 August – Regulation of the General Labour Inspectorate;
Decree no. 48/73 of 5 June – General Regulations on Hygiene and Safety at Work in Industrial Establishments, among others.
However, it is crucial to stress that the implementation of legislation in organisations must be in line with the operational policies and procedures established by the organisation itself. To this end, organisations should invest in drawing up and implementing internal OHS policies and procedures, which should provide clear and specific guidelines on how employees should act in relation to safety at work, in accordance with what is established in the legislation. This includes procedures for dealing with emergency situations, proper use of protective equipment, safe working practices, correct handling of chemical substances, among others.
In short, guaranteeing the application of legislation and developing internal HST policies and procedures demonstrates the commitment of organisations and provides a solid framework for the practical implementation of Hygiene, Health and Safety measures in the workplace, resulting in a safer, healthier and more productive place for everyone involved.