1. LEGAL
ASPECTS OF
HEALTH AND
SAFETY
ADEWALE FAJANA

2. Outline
• Law & HSE
• Employers Duty of Care
• Nigerian Laws & HSE Provisions

3. Nexus Between
Law and HSE?
Is there any nexus between Law & Health,
Safety and Environment?
• Compliance
• Rights protection
• Ethical reasons

4. The Employers Duty of Care
An employer's main responsibility is to ensure that the workplace is safe and
that anyone working in or visiting the workplace is not exposed to hazards or
harmed by the work.
• Assess the Risk
• Provide information about the risk
• Train employees about the risk
• Consult employees on safety issues – directly or indirectly
• Compensate employees for any injuries, death, diseases or disabilties
suffered in the course of work

5. The Course of Work
• “The course of work” or “course of employment” generally arises when
determining whether an injury caused by an accident is
compensable under a workers' compensation system.
• The accident must “arise out of employment” and occur “in the course of
employment.”
• Within the premises, workplace, and in preparation for work

6. On a Frolic
• This concept has been used by employers to deny liability and avoid
compensation where an injury occurs -
• Outside the scope or JD, place and hours of work
• Employee has no authorization to carry out act causing injury
• Injury occurs with company machinery without outside course of
employment
• On company sponsored recreation

7. Nigerian Laws & HSE
The Nigerian laws and courts decisions have crystalized ascertainable
obligations and standards for the protection of employee health and safety
standards in the workplace and for the safety of the environment at large.
These obligations are in three folds:
• To provide a safe place to work
• A safe system of working
• Safe and competent people to work with

8. The 1999 Constitution
• Chapter 4, Section 17(3)(c) of the CFRN 199 As Amended provides:
“the health, safety and welfare of all persons in employment are
safeguarded and not endangered or abused;
• provision is basically non-justiceable, save in combination with other
specific provisions, legislations and instruments made thereunder.

9. Factories Act
• Cleanliness
• Prevention of overcrowding
• Proper ventilation & lightning
• Drainage of floors
• Sanitary conveniences
• Dressing & changing rooms
• Safe and clean drinking water

10. FA Contd.
• Safe installation and safe use of Machinery
• Training in the usage of machines likely to cause harm to
inexperienced workers
• Supervision of inexperienced workers on usage of machines by
experienced staff
• Properly kept and accessible (when required) health records
• Provision of PPEs – gloves, footwears, goggles, footwears and head
covering – from exposure to wet, offensive and injurious substances
• Enforcement procedures

11. National Health Insurance Act 2022
• This law mandates all employers to provides a mandatory health
insurance policy as a social security benefit to all employees.
• Mandatory deduction and contribution to a registered employee’s
HMO account
• HMOs to engage healthcare service providers to provide
affordable healthcare to all insured employees

12. Employees Compensation Act
• Provides compensation for employees who suffer any of Death,
Injury, Disability or Occupational disease as a result of accidents
or causative factors arising from undue exposure in the workplace
• Obligation to report any accident in the workplace or in the course
of employment leading to an injury or death within 14 days of
accident or information about accident
• Empowers the ECA Board to determinate the rate and extent of
compensation

13. Compensation under the ECA
• Compensation is payable under the ECA to an employee or next of kin who suffer
injury, death, occupational disease in the workplace or in the course of employment.
• Mental stress arising from employment is recognized as compensable
• ECF is a fund managed by the NSITF -1% of total monthly payroll, FG’s grant, fees
and assessments + other sources, grants, ROI
• Employer completes ECS.CCF01 and submits to NSITF
• Injured employee or NoK completes ECS.CCF02 and 03 to claim the funds

14. Labour Act
The Labour Act has some HSE provisions for employees including:
• Paid sick leave up to 12 days in a year
• Mandatory paid annual leave of more than 6 days for every employee
who has worked for 12 months
• One hour break or rest daily – you can stay or leave place of work or
use hour as you wish (can be suitably adjusted or spaced)
• Intermittent break and rests aside from the one-hour rest interval

15. National Policy on Occupation Safety &
Health
It is the duty of every employer to ensure, so far as is reasonably practicable,
the safety, health, and welfare of all workers. The matters to which that duty
extends include, but not limited to:
 The provision and maintenance of plant and system of work that are safe
and without risk to health,
 Arrangement of the workplace to ensure safety and absence of risks to
health in connection with use, handling, storage, and transportation of
articles and substances,
 Provide at no cost to the worker, occupational health protection and
personal protective clothing and equipment, which are appropriate for the
nature of the job,

16. NPOS&H – Duty of Employer
 Provision of such information, instruction, training, and supervision as are
necessary to ensure safety and health of all workers,
 Provision of adequate First Aid Facilities,
 Preparation, implementation, and constant appropriate revision of a written
statement of this general policy with respect to safety and health of the
workers,
 Ensure co-operation between management, workers and their
representatives on matters relating to safety and health at the workplace,

17. NPOS&H – Duty of Employer
 Undertake studies and keep abreast of new scientific and technical
knowledge necessary to comply with the foregoing clauses and the
provisions of the safety and health laws and regulations,
 Verify the effectiveness of applicable standards on occupational safety
and health, periodically, using safety audits and environmental monitoring
and keep records of such verification including records of all notifiable
occupational accidents, injuries, and occupational diseases, records of
authorizations and exemptions, and data concerning exposure to
specialized substances, agents and work processes, and
 Provide compensations for work related disabilities of workers and
rehabilitation of workers as reasonably practicable.

18. NPOS&H – Duty of Employee
 To co-operate with Government and employers in the fulfilment of the
obligations placed on him/her by this policy to secure the occupational
safety, health and welfare in the workplace as defined by this policy,
 To take reasonable care for his/her health and safety and other persons who
may be affected by his/her acts or omissions,
 To comply with the instructions given for their own safety and health and
those of others and with safety and health procedures,
 To use safety and health devices and protective equipment correctly and not
render them inoperative, and
 To report forthwith to their immediate supervisor any situations that could
present a hazard.

19. Fire Service Act & Regulations
 Prohibition of unauthorized smoke detector and fire extinguisher.
• All smoke detector and fire alarm devices shall comply with the National
Fire Data Repository Centre (NFDRC) Fire Alert System Monitoring
(FASM) application standard.

20. Lagos State Environmental Laws
This law seeks to protect the environment from pollution and other
environmental wastes which constitutes health risk to Lagosians;
• All emissions from vehicles, plants and equipment including generating
plants in residential, commercial, and industrial areas within the State shall
meet air emission standards prescribed by the Agency.
• It is an offence to discharge into the environment any inadequately filtered
and purified gaseous wastes, gases containing substances or hazardous
substances which is likely to cause pollution, and be harmful, or injurious to
the environment of the State.

21. HSE Compliance Drivers
• Reality of Climate Change
• Green Energy & Renewables
• ESG Compliance
• Access to Finance
• Advocacy Campaigns
• Penal sanctions