Time for Action in Advocating Occupational Health, Safety Law in Nigeria

As Nigeria joined the rest of the world to celebrate the ‘World Occupational Safety and Health Day 2025’, themed, ‘Revolutionising Health and Safety: the Role of AI and Digitalisation at Work’, Sunday Ehigiator makes case for the establishment of an ‘Occupational Safety Act’ in Nigeria to replace the obsolete ‘Factory Act of 2004’, so to provide sufficient protection for workers’ safety and health concerns in the country

Although still in effect, the Factories Act of 2004 in Nigeria is widely regarded as obsolete due to its outdated regulations and provisions. The Act’s inability to align with modern workplace standards and emerging challenges has created a pressing need for its outright abolishment and the creation of an actual Occupational Safety Act that meets global standards, especially those set by the International Labour Organisation (ILO).

Many regulations within the Act are no longer relevant, failing to reflect the realities of modern workplaces and evolving technologies.  New workplace hazards and challenges have emerged, which are not adequately addressed by the current legislation.

Concerns have been raised about the effectiveness of the Act’s enforcement, with penalties being deemed too lenient and failing to deter non-compliance. The Act requires updating to incorporate modern safety standards, emerging technologies, and international best practices. The fines specified in the Act are considered inadequate, failing to serve as a deterrent to employers.

To ensure the effective protection of workers’ health, safety, and welfare in Nigeria’s modern industrial landscape, experts are calling for the establishing of an actual ‘Nigeria Occupational Safety Act’, which aligns with the ILO standards.

Inadequacies of the Factories Act 2004

The Factories Act 2004 has several shortcomings that hinder its effectiveness in protecting workers’ safety and health. One major issue is the Act’s registration process for new factories.

It doesn’t require adherence to specific guidelines or industry regulations, instead granting the Minister of Labour and Productivity discretion to determine suitability, potentially leading to inconsistent and inadequate standards for workplace safety and health.

Also, the Act’s prescribed fines for non-compliance, ranging from N500 to N2000, are woefully inadequate and fail to serve as a deterrent in the 21st century, as they can be easily paid repeatedly without significant consequence, thereby undermining the Act’s effectiveness in promoting workplace safety and health.

Also, the Act’s provision for the Minister’s discretionary appointment of Factories Appeal Board members, without requiring expertise in occupational health and safety, raises concerns about the board’s effectiveness in representing workers’ interests, and instead suggests a potential avenue for political patronage, ultimately undermining the protection of workers’ safety and health.

Furthermore, the Act’s provision allowing inexperienced workers to work under supervision, initially justified by a lack of skilled manpower, is now outdated, as the number of skilled workers has significantly increased, and consequently, permitting unskilled workers to work in factories poses a substantial risk to the safety and well-being of all workers.

Similarly, the Act’s provisions on environmental protection are inadequate, as they prioritise protecting factory workers from hazardous fumes without considering the broader environmental impact.

The Act requires workers to wear protective gear but fails to address the purification or reduction of toxic fumes, contradicting modern environmental standards and sustainable development goals.

Also, the Act’s health and safety education provisions are insufficient. While it mandates protective clothing in hazardous work areas, it lacks provisions for medical checks and training on safety procedures.

The requirement for first aid boxes without medical personnel raises concerns about their effectiveness, particularly in remote factories far from medical facilities.

The Act’s inquiry process also has limitations. The Commission of Inquiry, established to investigate large-scale accidents or deaths, can only make recommendations, lacking the authority to issue enforceable directives.

Additionally, the Act’s definition of a factory excludes construction sites, creating a loophole in accountability and leaving workers in these industries without adequate protection.

The ILO Standard

The International Labour Organisation (ILO) defines Occupational Safety and Health (OSH) as a multidisciplinary field that prioritises the prevention of work-related injuries and diseases, while promoting the overall health and well-being of workers. The primary objectives of OSH include preventing work-related accidents, illnesses, and health issues, promoting physical and mental well-being, and improving working conditions.

To achieve these objectives, OSH encompasses various key aspects, including risk assessment and management.

This involves identifying hazards, assessing risks, and implementing control measures to minimise or eliminate risks. By adopting a proactive approach to risk management, organisations can reduce the likelihood of work-related injuries and diseases.

The International Organisation for Standardisation (ISO) published ISO 45001, the primary international standard for Occupational Health and Safety (OH&S).

This standard provides a framework for managing OH&S, aiming to prevent work-related injuries, ill health, and death, ensuring a safe and healthy workplace. ISO 45001 is a voluntary standard that organisations can adopt to establish, implement, maintain, and improve their OH&S management systems.

Safety Concerns

Statistics from the International Labour Organisation (ILO) reveal that occupational accidents and work-related diseases claim over 2.78 million lives annually, in addition to 374 million non-fatal injuries and illnesses.

This staggering number underscores the urgent need for organisations worldwide to implement effective health and safety management systems.

The importance of prioritising worker health and safety is increasingly recognised by nations and societies globally. With an estimated 40 million new jobs expected to be created annually by 2030, the demand for “best practice” standards to guide health and safety improvements will continue to grow.

Making Case for Occupational Safety Act

Speaking with THISDAY, Health and Safety Expert, Engineer Jamiu Badmos noted that, “Nigeria’s current Factory Act of 2004 is outdated and inadequate, failing to align with modern safety standards.

Despite efforts by the National Assembly under former Senate President, Bukola Saraki, to pass the Occupational Safety and Health Act, it has stalled due to claims that it’s an executive bill.

“This lack of progress indicates a backwards approach to safety, emphasising the need for a new law that prioritises worker safety and health.

“The proposed Occupational Safety and Health Act would establish a council for health and safety, generating job opportunities nationwide. It would also provide a framework for data collection, enabling informed decision-making and empathy-driven policies.

“This would be a significant step forward, as Nigeria currently lacks reliable data on workplace accidents and injuries.

“The importance of occupational safety and health cannot be overstated, as it encompasses not only physical hazards but also mental health and reputation. Nigeria must take advantage of existing schools and colleges that offer health and safety programs, leveraging this expertise to drive positive change. By prioritising safety and health, Nigeria can reduce accidents on our roads, create jobs, and ensure good health and well-being for its citizens.

“The impact of the proposed Act would extend beyond workplaces, contributing to the achievement of Sustainable Development Goals (SDGs).

“By creating a safer and healthier work environment, Nigeria can also reduce poverty, hunger, and inequality. This, in turn, would have a positive ripple effect on the entire economy and society.

“To effect meaningful progress, the President’s support is crucial in promulgating the Occupational Safety and Health Act. This would mandate states to prioritise health and safety, fostering a culture that values human life and empathy. The time for change is now, and it requires collective action to ensure a safer, healthier Nigeria.”

Also speaking with THISDAY, the Technical Adviser to the Lagos State Safety Commission, Seun Awojobi, noted that, “As a safety commission, our mandate is to ensure the safety of lives and properties through education, engagement, enforcement, sensitisation, and advocacy.

“Regarding data, Lagos State has made significant progress. As the only safety commission in Nigeria, we have a robust database of various sectors, including hospitality, manufacturing, construction, oil and gas, and more. Data gathering is an ongoing process, and we continuously advocate for safe practices across all sectors.

“The Lagos State Safety Commission is governed by the Lagos State Safety Commission Law of 2009, as amended. This law grants us the power to make regulations, and we have already passed regulations such as the Swimming Pool Regulation.

“Other regulations in the works include Event Safety Regulation, Construction Regulation, and Regulation for Vertical Transportation Equipment.

“These regulations will further drive the conversation on ensuring safety in Lagos. At the federal level, we hope that the Ministry of Labour will pass an Occupational Safety and Health (OSH) Act to propel safety at the national level.”

Significance

As we await the passage of the Occupational Safety Act, it is essential to recognise that safety is a collective responsibility. While legislation is crucial, organisations also play a vital role in ensuring the health and safety of their employees and stakeholders.

It is no longer sufficient for businesses to solely focus on profitability; they must also establish robust internal controls to manage risks related to occupational health, safety, environment, and reputation.

This requires a proactive approach to identifying and mitigating potential hazards, as well as investing in training and resources to support a safe and healthy work environment, while also ensuring they operate in accordance with the ISO-45001 standards.

Ultimately, organisations are accountable for the well-being of their employees and must operate ethically, complying with relevant laws and regulations. This includes providing a safe and healthy work environment, protecting employees from harm, and promoting a culture of safety and responsibility.

By taking a proactive and responsible approach to occupational health and safety concerns, organisations can not only reduce the risk of accidents and injuries but also enhance their reputation and profitability, improve employee morale and productivity, and contribute to a safer and healthier society as a whole.

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To effect meaningful progress, the President’s support is crucial in promulgating the Occupational Safety and Health Act. This would mandate states to prioritise health and safety, fostering a culture that values human life and empathy. The time for change is now, and it requires collective action to ensure a safer, healthier Nigeria