Service Contract No 2007 / 147-446 Strategic ... - Swaziland

Piece of legislationThe Public Health Bill(1999)The Industrial RelationsAct No 1 (2000) (asamended by Act No 8 of2000 and Act No 3 of2005)The Codes of GoodPractice Act (2005), inrespect of Section 109 ofthe Industrial RelationsAct (2000)The Employment Act No5 (1980) (as amended byAct No 4 of 1985 and ActNo 5 of 1997)The Occupational Safetyand Health Act No 9(2001)The Workmen’sCompensation Act No 7(1983)The Factory, Machineryand Construction WorksAct No 17 (1972)Description / relevance to the NASThe Draft Bill provides for “preventive, promotive, curative, palliative andrehabilitative” health services and the promotion of public health and ahealthy environment “that is safe for human habitation and other forms oflife”.It’s objectives are to improve the health status of people by, amongstother things:• providing health services which are relevant and accessible to all;• providing measures directed towards preventing, suppressing andtreating diseases and conditions;• providing enabling provisions for establishing facilitative structures inthe form of advisory and health committees; and• defining duties and responsibilities of health personnel in government,organisations or bodies, and their relationships.Included are the establishment and functions of a Public Health AdvisoryBoard, of Hospital Advisory and Health Committees, and the appointmentof other health officers; the prevention and suppression of communicablediseases; sexually transmitted infections; mental health; immunisation;clean and healthy water supplies; food supplies and hygiene; infantnutrition; control of hazardous waste materials; nuisance; sanitation; andoccupational safety and health.The Act provides for the collective negotiation of terms and conditions ofemployment, and for the provision of dispute resolution mechanisms andrelated matters; it includes the administration of the Industrial Court, theestablishment and composition of the Labour Advisory Board, worker andemployer organisations/federations, negotiation machinery (JointNegotiation Councils), establishment of Works Councils, collectiveagreements, and disputes procedures.The Codes lay down general principles to guide conciliators in theexercise of their powers and functions, and assist parties in dispute.Included are guidelines for the Conciliation, Mediation and ArbitrationCommission (CMAC), and Codes of Good Practice for HIV/AIDS inEmployment, and for Termination of Employment.The Act consolidates the law in relation to employment, and introducesprovisions to improve the status of employees. It includes powers andduties of the Labour Commissioner, contracts of employment, protectionof wages, registration of employers, recruitment, provisions covering theemployment of women and children, and forced labour.The Act provides for the safety and health of people at work and at theworkplace, and for the protection of others against hazards to safety andhealth arising out of, or in connection with, the activities of people in theworkplace. It includes the duties of employers and employees, safety andhealth measures (such as policy, representatives, and committees), theregulation of workplaces, notification and investigation of occupationalaccidents and diseases, and procedures to follow.The Act provides for the compensation and medical treatment of workmenwho may suffer injury or contract disease in the course of theiremployment.The Act provides for the registration of factories and the regulation ofworking conditions, and the use of machinery at factories. This Actprotects the health of workers from adverse construction effects includingdust, fumes, noise and other impurities. Contractors must ensure thesafety and health of their construction workers.RDMU (Strategic Environmental Assessment of the National Adaptation Strategy) - Page 167