(Consulting Services- Individual Selection)
Assignment title: Development of regulations under the National occupational safety and health (OSH) draft bill in Lesotho
REF NO. LS-MOH-329742-CS-INDV-SATBHSSAF-2023
AF-SATBHSS project P155658 Issue date: 2nd March 2023
Terms of References
Background information
The Constitution of Lesotho was promulgated in 1993. The Constitution provides for fundamental rights of all citizens in Lesotho and Chapter 27 of the Constitution of Lesotho accords protection of health to the citizens. The chapter calls for adoption of policies to improve environmental and industrial hygiene and the prevention of occupational diseases. Chapter 30 (b) of the Constitution further calls for adoption of policies aimed at securing just and favourable conditions of work; in particular policies directed to achieving safe and healthy working conditions.
Occupational Safety and Health (OSH) administration in the country is fragmented and falls under several public authorities. However, most of the responsibility for promoting safe work lies with the Ministry of Public Service, Labour and Employment. Lesotho ratified the International Labor Office (ILO) Convention 155 on Occupational Safety and Health (OSH) as well as Convention 167 on Safety and Health in Construction. The ILO Convention 155 calls for member states who have ratified the convention to develop national OSH policies.
The Government of Lesotho (GOL) under the mandate of the Ministry of Public Service, Labour and Employment formulated a National OSH policy, which was endorsed by Cabinet in 2020. The National OSH policy prescribes that inspections should cover all economic sectors including the informal sector and all workers including self-employed workers. The main objective of the national OSH policy is to enhance the elimination and prevention of occupational accidents, injuries, diseases and illnesses through the effective role of government, employer organizations and organized labour supported by the National Advisory Council for Occupational Safety, Health and Welfare (NACOSH) based on comprehensive established integrated national organization, arrangements, frameworks and structures.
The GOL also developed a National OSH profile which summarizes the existing situation on occupational safety and health and the progress made towards achieving a safe and health working environment and it covers existing laws, the authority responsible for OSH designated in accordance with national laws and practices and the gaps thereof in relation to the mission outlined in the policy. To mention a few of the gaps identified in the profile, was the lack of a comprehensive legislation that covers all economic sectors and OSH issues and therefore provided the basis for development of the national OSH Act.
The national OSH Act has been formulated and has listed a non-comprehensive list of regulations that need to be formulated to make it implementable. There are also a number of regulations that have been formulated even though they are outdated and need to be reviewed for relevance to the current labour market needs.
Objectives of the assignment
The Southern Africa Tuberculosis and Health Systems Support (SATBHSS) project is being implemented in Lesotho, Malawi, Mozambique, and Zambia to (i) improve the coverage and quality of TB control and occupational lung disease services; and (ii) strengthen regional capacity to manage the burden of TB and occupational diseases. The AUDA-NEPAD and ECSA-HC provide regional technical support to implement the project with the support of the World Bank.
Through the SATBHSS project, the GOL through the Ministry of Public Service, Labour and Employment (MPSLE) was assisted in developing the National OSH Profile, the National OSH Policy and the draft OSH bill which has a list of regulations that have to be formulated to make it enforceable.
The objectives of this assignment are therefore to;
i. Formulate regulations that are listed in the draft OSH bill, as well as other regulations that may be deemed pertinent after doing a gap analysis on regulations through a desk review.
ii. Review existing regulations and evaluate the need for revision and relevance to the current Lesotho labour market.
Scope of work
The consultant shall:
1.On the basis OSH policy, OSH legal landscape in Lesotho, OSH profile and ILO OSH Conventions, comments of the committee of experts on ILO conventions and recommendations, ILO OSH guidelines and the review report on the design and development of OSH legislation in Lesotho identify gaps that would hinder smooth implementation of the draft OSH bill.
2. Review the draft OSH bill and outline all the regulations the draft has made reference to and formulate them, in line with international standards
3.Conduct consultative meetings with relevant stakeholders; line ministries, institutions of higher learning, NGOs of marginalized populations etc., for further information to establish existing related regulations to avoid duplication of efforts and to establish areas of concern related to OSH that need to be addressed through regulations.
4. Meet with stakeholder’s i.e. private sector, employers and workers organizations, civil society, informal sector etc., to ensure stakeholder’s buy-in.
5. Present and report to National Advisory Council for Occupational Safety, Health and Welfare (NACOSH) and National Advisory Committee on Labour (NACOLA).
6. The draft OSH regulations will be subjected to validation by stakeholders.
The Ministry of Public Service Labour and Employment (MPSLE) shall facilitate the development of the OSH regulations and shall assist the consultant by providing leadership in ensuring that consultative meetings with key stakeholders take place.
Documents to be provided by MPSLE to the consultant for reference:
I. Review report on the design and development of OSH legislation in Lesotho
II. Labour Code Order No.24 of 1992
III. National OSH Profile, 2018
IV. National OSH Policy, 2020
V. OSH Bill, 2022
VI. OSH regulations
VII. Workmen’s Compensation Act of 1977
VIII. Report on OSH Capacity Building Workshop and Identification of Gaps in the Labour Code Order No.24 of 1992; 26-29 March 2018
IX. Any other relevant documents that can be accessible to the Ministry of Public Service, Labour and Employment
X. The consultant will further access relevant ILO’s conventions and protocol particularly C81, C155, P155, C161, C187 and C190 via https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12000:0::NO:::
Duration of the contract
The final OSH regulations shall be finalized within 110 working days.
Expected Outputs
The draft OSH regulations shall be submitted to the Ministry of Public Service Labour and Employment.
The Regulations will be developed according to Part VII of the Occupational Safety and Health draft bill, which lists the regulations to be developed notwithstanding additional regulations that may be added to the list as a result of stakeholders consultations and Ministerial consent as stated in Part VII section 70 (1): “The Minister shall make regulations and or guidelines on anything which by this Act may or is required to be prescribed, and generally, for the better carrying out of the purposes of this Act”.
Expected Deliverables and Timelines
| Milestones | Expected Timelines | Responsibility |
| Submission of Inception report containing the methodology proposed (desk research, consultation with stakeholders), content, deliverables, and work plan with attainable timeframes. | Five (5) days following the signing of contract.Ten (10) days for NACOSH to review the inception report | Consultant |
| Hold meeting to get endorsement of the inception report from NACOSH | Fifteen (15) days after the signing of the contract (1 day) | MPSLE, Task Team and consultant |
| Submission of final inception report | 20 days after the signing of the contract (5 days) | Consultant |
| Consultations with stakeholders and review of OSH reports and other relevant policies and legal frameworks | 20 days following the signing of the contract (15 days) | MPSLE and Consultant |
| Drafting of regulations | 35 days after signing of contract (50 days) | Consultant |
| Present and provide 80 copies of printed draft regulations to stakeholders | Eighty-five (85) days following the signing of the contract (5 days) | Consultant |
| Present the draft regulations with comments incorporated from the stakeholder’s workshop to NACOSH | Ninety (90) days following the signing of contract1 day presentation2 days incorporation of comments | Consultant |
| Submit draft regulations to international partners for review and comments | Ninety-three (93) days following the signing of the contract(10 days of review) | MPSLE and consultant |
| Incorporate comments from international partners | One hundred and three (103) days following signing of contract(2 days) | Consultant |
| Present the final draft regulations to NACOLA for endorsement | One hundred and five (105) days following the signing of the contract | MPSLE and Consultant |
| Submit two non-erasable archival disks and 5 hard copies of the final draft regulations to MOLE | One hundred and ten (110) days following the signing of the contract | Consultant |
Consultant qualifications and experience
An individual consultant must demonstrate or provide evidence of meeting the following
Requirements:
i. Master Degree in OSH or Occupational Hygiene; or Master Degree in Public/Environmental Health with Specialization in OSH; Degree in Medicine with Postgraduate Diploma in Occupational Health and Medicine/Safety; or Master Degree in related field.
ii. A Bachelor degree in any of the above or related fields, plus 7 years of relevant experience, may also be considered.
iii. Excellent knowledge of national OSH systems and ILO Conventions on OSH.
iv. Experience in drafting legislation in Southern Africa.
v. Excellent analytical and conceptual thinking.
vi. Good interpersonal and communication skills.
vii. Practical experience in the field of OSH.
viii. Substantive knowledge on gender mainstreaming and Human Rights based Approach.
ix. Excellent report writing skills as well as communication and interviewing skills.
x. Availability and ability to conduct this consultancy within stipulated timeframe.
xi. Not conflicted, in any form, to conduct this consultancy or part thereof.
Proposal Submission
- The attention of interested Consultants is drawn from the World Bank’s Guidelines: Selection and Employment of Consultants by World Bank Borrowers, January 2011 (revised July 2014). (“Consultant Guidelines”), setting forth the World Bank’s policy on conflict of interest.
- Further information can be obtained at the address below during office hours 0800 to 1600 hours from Monday to Friday. All applications should be in English and must be properly filled in and be couriered with the subject “Expression of Interest for “Development of Occupational Safety and Health (OSH) Regulations in Lesotho” or hand delivered to the below address. Expressions of interest must be delivered in a written form to the address below in person, on or before 16 March 2023 1200 local time.
Attn: Procurement Specialist at Procurement Unit, Ground Floor, Ministry of Health Headquarters, Corner Constitution Road & Linare Road P. O. Box 514, Maseru 100, Lesotho,
Tel: (+266) 27323277/58881521