(Consulting Services – Individual Selection)
Task title: Development of regulations under the draft National Occupational Safety and Health Bill (K3) in Lesotho
REF NO. LS-MOH-329742-CS-INDV-SATBHSSAF-2023
Project AF-SATBHSS P155658 Issue date: 2n.d March 2023
Terms of Use
Background information
The Constitution of Lesotho was promulgated in 1993. The Constitution provides the basic rights of all citizens in Lesotho and Chapter 27 of the Constitution of Lesotho provides health protection to citizens. The chapter called for the adoption of policies to promote environmental and industrial hygiene and prevent occupational diseases. Chapter 30 (b) of the Constitution further calls for the implementation of policies aimed at securing fair and profitable working conditions; specifically policies aimed at achieving safe and healthy working conditions.
The Occupational Safety and Health Administration (OSH) in the country is divided and under several public authorities. However, most of the responsibility for promoting safe work rests with the Ministry of Public Services, Labor and Employment. Lesotho ratified International Labor Office (ILO) Convention 155 on Occupational Safety and Health (OSH) as well as Convention 167 on Safety and Health in Construction. ILO Convention 155 calls on member states that have ratified the convention to develop a national OSH policy.
The Government of Lesotho (GOL) under the mandate of the Ministry of Public Services, Labor and Employment formulated the National Health and Safety Policy, which was approved by the Cabinet in 2020. The National Health and Safety Policy states that inspections must cover all economic sectors including the informal sector and all workers including independent workers. The main objective of the national K3 policy is to promote the elimination and prevention of occupational accidents, injuries, illnesses and diseases through the effective role of the government, employers’ organizations and organized labor supported by the National Advisory Council for Occupational Safety, Health and Welfare. NACOSH) is based on a comprehensive integrated national organization, arrangement, framework and structure.
GOL also developed a National OSH profile that summarizes the existing situation in occupational safety and health and the progress made to achieve a safe and healthy working environment and includes existing legislation, the authority responsible for OSH appointed in accordance with national laws and practices and that gap in relation to mission limits in policy. To mention some of the gaps identified in the profile, there is a lack of comprehensive rules that cover all economic sectors and OSH issues and therefore provide a basis for the development of the national OSH Act.
The national K3 Act has been formulated and has listed a non-exhaustive list of regulations that need to be formulated in order to be implemented. There are also some regulations that have been formulated although they are outdated and need to be reviewed for relevance to the needs of the current labor market.
Purpose of the task
The South African Tuberculosis and Health Systems Project (SATBHSS) is underway 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. AUDA-NEPAD and ECSA-HC provided regional technical support to implement the project with support from the World Bank.
Through the SATBHSS project, GOL through the Ministry of Public Services, Labor and Employment (MPSLE) was assisted in developing the National Occupational Health Profile, the National Occupational Health Policy and the draft of the Occupational Health Bill which has a list of regulations that must be formulated. make it enforceable.
The purpose of this task is;
i. Formulating the regulations listed in the draft K3 bill, as well as other regulations that may be considered relevant after conducting a gap analysis of regulations through desk review.
ii. Review the existing regulations and assess the need for revision and their relevance to the current Lesotho labor market.
Scope of work
Consultants must:
1. On the basis of the OSH policy, OSH legal landscape in Lesotho, OSH profile and the ILO OSH Convention, comments from expert committees on ILO conventions and recommendations, ILO OSH guidelines and review reports on the design and development of OSH laws in Lesotho identify gaps that will hindering the smooth implementation of the K3 draft bill.
2. Check the draft K3 bill and clarify all regulations that have been referenced and formulated, in line with international standards.
3. Holding consultation meetings with stakeholders; line ministries, institutions of higher education, NGOs of marginalized populations etc., for more information to establish related regulations to prevent duplication of efforts and to establish areas of concern related to OSH that must be addressed through regulations.
4. Meet with stakeholders, such as the private sector, employers’ and workers’ organizations, civil society, the informal sector, etc., to ensure the distribution of stakeholders.
5. Present and report to the National Advisory Council for Occupational Safety, Health and Welfare (NACOSH) and the National Advisory Committee on Labor (NACOLA).
6. The draft K3 regulations will be validated by stakeholders.
The Ministry of Manpower and Public Service Labor (MPSLE) will facilitate the development of K3 regulations and will assist consultants by providing leadership to ensure that consultation meetings with key stakeholders are conducted.
Documents to be provided by MPSLE to the consultant for reference:
I. Review of reports on the design and development of OSH regulations in Lesotho
II. Employment Code Order No. 24 of 1992
III. National K3 Profile, 2018
IV. National K3 Policy, 2020
V. RUU K3, 2022
VI. OSH regulations
VII. Workmen’s Compensation Act 1977
VIII. Workshop Report on Capacity Building of K3 and Identification of Gaps in Employment Code Order No. 24 of 1992; March 26-29, 2018
IX. Other relevant documents accessible by the Ministry of Public Services, Labor and Employment
X. Consultants will further access relevant ILO conventions and protocols especially C81, C155, P155, C161, C187 and C190 through https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12000:0 ::NO:::
Duration of the contract
The final OSH regulations must be finalized within 110 working days.
Expected output
The draft K3 regulation was submitted to the Ministry of Labor and Public Service Employment.
These regulations will be developed according to Section VII of the draft Occupational Safety and Health Bill, which lists the regulations to be developed although additional regulations may be added to the list as a result of consultation with stakeholders and the approval of the Minister as mentioned in Section VII. 70 (1): “The Minister shall make regulations and or guidelines as may or may be necessary under this Act, and generally, for the better carrying out of the purposes of this Act”.
Expected Deliverables and Timelines
| A milestone in history | Expected Timelines | It’s their responsibility |
| The submission of the Inception report contains the proposed methodology (table research, stakeholder consultation), content, deliverables, and work plan with a feasible timeframe. | Five (5) days after signing the contract. Ten (10) days for NACOSH to review the initial report | Consultant |
| Hold a meeting to request approval of the initial report from NACOSH | Fifteen (15) days after signing the contract (1 day) | MPSLE, Task Team and consultants |
| Submission of preliminary report | 20 days after signing the contract (5 days) | Consultant |
| Consult with stakeholders and review K3 reports and other relevant policies and legal frameworks | 20 days after signing the contract (15 days) | MPSLE and Consultants |
| Drafting of regulations | 35 days after signing the contract (50 days) | Consultant |
| Prepared and distributed 80 printed copies of draft regulations to stakeholders | Eighty-five (85) days after signing the contract (5 days) | Consultant |
| Present draft regulations with comments incorporated from stakeholder workshops to NACOSH | Ninety (90) days after signing the contract1 day of presentation2 day of joining comments | Consultant |
| Submit draft regulations to international partners for review and comment | Ninety-three (93) days after signing the contract (10 review days) | MPSLE and consultants |
| Join the comments of our international partners | One hundred and three (103) days after signing the contract (2 days) | Consultant |
| Submit the final draft regulations to NACOLA for approval | One hundred and five (105) days after signing the contract | MPSLE and Consultants |
| Submit two non-erasable archive discs and 5 copies of final draft regulations discs to MOLE | One hundred and ten (110) days after signing the contract | Consultant |
Consultant qualifications and experience
Individual consultants must demonstrate or provide evidence to meet the following
Requirements:
i. Master’s Degree in OSH or Occupational Hygiene; or Master’s Degree in Public / Environmental Health with Specialization in OSH; Medical Degree with Postgraduate Diploma in Health and Medicine / Occupational Safety; or a Master’s Degree in a related field.
ii. Bachelor’s Degree in one of the above or related fields, plus 7 years of relevant experience, may be considered.
iii. Excellent knowledge of the national OSH system and the ILO Convention on OSH.
iv. Law making experience in South Africa.
v. Excellent analytical and conceptual mind.
i. Good interpersonal and communication skills.
vii. Practical experience in the field of OSH.
vii. Substantive knowledge of gender mainstreaming and Human Rights based Approach.
ix. Good report writing skills as well as communication and interviewing skills.
x. The availability and ability to carry out this consultation in the specified time.
xi. No conflict, in any form, to carry out this consultation or any part of it.
Proposal Submission
- The attention of interested Consultants is taken from the World Bank Guidelines: Selection and Employment of Consultants by World Bank Borrowers, January 2011 (revised July 2014). (“Consultant Guidelines”), establishing the World Bank’s policy on conflicts of interest.
- Further information can be obtained at the address below during office hours 0800 to 1600 from Monday to Friday. All applications must be in English and must be filled out correctly and sent with the subject “Expression of Interest for “Development of Occupational Safety and Health (OSH) Regulations in Lesotho” or sent to the address below. Expressions of interest must be sent in writing to address below in person, before or after March 16, 2023 1200 local time.
Attn: Procurement Specialist at Procurement Unit, Ground Floor, Ministry of Health Headquarters, Corner Constitution Road & Linare Road PO Box 514, Maseru 100, Lesotho,
Phone: (+266) 27323277/58881521