LABOUR, HEALTH, TRADE AND ENVIRONMENTAL STANDARDS FACTORIES ACT This Nigerian law makes general and special provisions for the health, safety and welfare of persons employed in places/statutorily defined as "factories" and for which a Certificate of Registration is requited by law. It makes general provisions as to the standards of cleanliness, over-crowding, ventilation, lighting, drainage of floors, and sanitary conveniences. All factories must have potable water and washing facilities. In respect of safety, there are general provisions as to the securing, fixing, usage, maintenance and storage of prime movers, transmission machinery, other machinery, unfenced machinery, dangerous liquids, automated machines, hoists and lifts, chains, ropes and lifting tackle, cranes and other lifting machines, steam boilers, steam receivers containers, and air receivers. There are in addition to these, standards set for the training and supervision of inexperienced workers, safe access to any work place, prevention of fire and safety arrangements in case of fire and first aid boxes. Also, the law provides that adequate arrangements should be made for the removal of dust or fumes for factories, provision of goggles to protect the eyes in certain processes and the prevention of eating and drinking in places where poisonous or injurious substances give rise to dust or fumes. It is mandatory that all accidents and industrial diseases be notified to the nearest inspector of factories and be investigated; it is prohibited for the occupier of a factory to make any deductions from the wages of any employee in respect of anything to be done or provided in pursuance of the Factories Act. WORKMEN' COMPENSATION ACT The laws provide for the payment of compensation to workmen for injuries suffered in the course of their employment. NATIONAL MINIMUM WAGE Due to inflationary factors, further wage increases have been recommended, and minimum wages are about =N=42,000.00 per annum. An employer, defined as someone employing 50 or more persons, is required to pay the minimum wage, defined as the total emolument payable to a worker. Ail employers and trade unions in both the public and private sectors of the economy are permitted to make adjustments to total remuneration packages through the process of collective bargaining. The remuneration agreed requires the approval of the Federal Minister of Employment, Labour and Productivity. Approval will be given where the increases are moderate, non-inflationary and affordable. The agreed and approved remuneration will apply from the first day of the calendar month that follows such agreement. Back-dating of increments is not permitted. STANDARDS ORGANISATION OF NIGERIA The Nigerian Standards Organisation Act, 1971 established as an integral part of the Federal Ministry of Industries, the Standards Organisation of Nigeria to carry out among other things, the following functions: - to designate, establish and approve standards in respect of meterology, materials, commodities, structures and processes for the certification of products in commerce and industry throughout Nigeria; - to provide necessary measures for quality control of raw materials and products in conformity with the standard specification. - to compile Nigerian standards specifications; - to ensure compliance with designated standards; - to establish a quality assurance system including certification of factories, products and laboratories; - to develop methods for testing of materials, supplies and equipment items purchased for use of public, and private establishments; - to undertake preparation and distribution of standards samples; - to establish and maintain laboratories necessary for the performance of its functions. On the payment of a nominal fee it is possible to obtain from the offices of the Standards Organisation of Nigeria the prescribed standards for a number of products. NATIONAL AGENCY FOR FOOD AND DRUG ADMINISTRATION AND CONTROL ("NAFDAC") NAFDAC was established in 1993 with functions to regulate and control the importation, exportation, manufacturing, advertisement, distribution, sale and use of food, drugs, cosmetics, medical devices, bottled water and chemicals. DRUGS AND RELATED PRODUCTS No drug product, cosmetic or medical device shall be manufactured, imported, exported, advertised, sold or distributed in Nigeria unless it has been registered in accordance with the provisions of and regulations made under a 1993 Act. ENVIRONMENTAL IMPACT REGULATION Similar to what obtains in several other convention countries, environmental protection is accorded a lot of prominence in Nigeria. The Federal Environmental Protection Agency ("FEPA") is charged with overall responsibility for monitoring, supervising and coordination of Environmental Impact Assessment ("EIA"). A comprehensive Environmental Impact Assessment Procedure for Nigeria, as well as EIA Guidelines for various industrial sectors of the country, have been compiled. TRADE MALPRACTICES (MISCELLANEOUS OFFENCES) DECREE, 1992 This Law creates certain offences relating to trade malpractices and sets up a Special Trade Malpractices Investigation Panel to investigate such offences. The law provides against any person who:- - falsely labels, packages, sells, offers for sale or advertises any product so as to mislead as to its quality, character, brand, name, value, composition, merit or safety; or - for the purpose of sale, contract or other dealing, uses or intends to use any weight, measure which is false or unjust; or - sells any product by weight, measure or number and delivers to the purchaser a less weight, measure or number than is purported to be sold; - advertises or invites subscription for any product or project which does not exist. CONSUMER PROTECTION COUNCIL A Consumer Protection Council has been established in Nigeria with the objectives to;- - provide speedy redress to consumer complaints through negotiations, mediation and conciliation; - seek ways and means of removing hazardous products from the market and cause offenders to replace such products with safer and more appropriate alternatives; - publish from time to time a list of products whose consumption and sale have been banned, withdrawn, restricted, or not approved by the Nigerian Government or foreign governments; - cause an offending company, firm, trade association or individual to protect, compensate, provide relief and safeguards to injured consumers or communities from adverse effects of technologies that are inherently harmful, violent or highly hazardous; - organise and undertake campaigns and other forms of activities as will lead to increased public consumer awareness; - encourage trade, industry and professional associations to develop and enforce in their various fields quality standards designed to safeguard the interests of consumers; - encourage the formation of voluntary consumer groups or associations for consumers' well being; In the exercise of its functions, the Council is empowered to:- - apply to court to prevent the circulation of any product which constitutes an imminent public hazard; - compel a manufacturer to certify that all safety standards are met in their products; - demand production of a label showing the date and place of manufacture of a commodity, etc; - compel manufacturer to give public notice of any health hazards inherent in their products; - ban the sale, distribution and advertisement of products which do not comply with safety or health regulations.