Book Description

The importance ascribed by a nation to the subject of occupational safety and health is reflective in the growth, sustainability and the national development of an economy. Besides the economic benefits stood to be derived from an occupational safety and health structure that is constantly nurtured, there is also the human rights issue. Less industrialised nations still grapple with fundamental challenges brought about by occupational health and safety, challenges which more advanced nations seem to effortlessly address. Nigeria falls into the former category, hence, the interest of this thesis. The knowledge of this menace has been in the consciousness of stakeholders in Nigeria particularly in the recent past years. However, no significant action has been taken to alleviate the situation. There are instruments that deal with the subject of occupational health and safety but they all seem to have their attendant issues which make them either inoperable or of insignificant benefit to the situation of workers in Nigeria. The tardy attitude of the Nigerian Law makers also does not help the situation. This thesis is therefore of the view that until the period the Nigerian Government is able to get its bearing right in designing a suitable piece of legislation that shall address the challenges caused by occupational health and safety, it is possible to seek an alternative approach that shall serve as a safety net towards the protection of workers particularly those that are most vulnerable. This alternative approach that the thesis proposes is the National Industrial Court of Nigeria (NICN), a Court that recently acquired the status of a superior court of record and conferred with extensive Constitutional powers over occupational safety and health matters amongst others. It is the anticipation of this thesis that the Court shall make a positive impact where legislation had failed to succeed in its bidding.