Adquate provisions of the law in promotion and management of disability in the workplace

Abstract

This dissertation seeks to ascertain the adequacy of the law in promoting and managing disability at the workplace. In order to do this, the paper employs primary and secondary methods of data collection including interviews with key staff in relevant organisations. The dissertation considers the subject of occupational health and safety and promotion and management of disability at the workplace in particular, under domestic framework such as the Workers Compensation Fund Control Board and international standards as set by the International Labour Organisation. This research showed that there is an insufficient legal framework and implementation infrastructure to effectively promote and manage disability in the workplace. In fact, though the Workers Board subrogates the responsibility of the employer to compensate, rehabilitate and possibly return-to-work the affected worker, the sums payable as compensation are meagre because they are indexed to the regulating Act which has no regard to variables such as inflation. The dissertation concluded that the domestic law has not fully incorporated the provisions of the international instruments which provide for adequate compensation, rehabilitation and retainment of employees. It also concluded that rehabilitation should include reasonable accommodation of the work environment. In view of these findings the dissertation recommends among other things that managing disability at the workplace should not be left to the discretion of the employer alone. It should be provided for by a minimum standard set by the Occupational Health and Safety Act.