An Analysis of the Regulation of Occupational Health and Safety in the Construction Sector Under Nigerian Law

The Nigerian construction sector records among the highest rates of workplace fatalities and injuries, driven by poor safety management, unqualified workforces, and inadequate legal enforcement of occupational health and safety obligations. This study analyses the legal framework governing occupational health and safety in Nigerian construction, including the Factories Act, Employees Compensation Act 2010, and relevant Federal Ministry of Labour regulations, with case studies from construction sites in Lagos and Abuja. A doctrinal approach combined with field observation of 15 construction sites and interviews of 25 site workers, 10 safety officers, and 5 labour inspectors was adopted. Results indicate that safety plan submission to the Ministry of Labour is formal rather than substantive, with submitted plans rarely reviewed against site conditions. Prosecution under the Factories Act is extremely rare, with fewer than three cases successfully concluded per year nationally. Employees Compensation Act claims by injured construction workers are poorly understood and frequently abandoned. The study concludes that the occupational health and safety legal framework for construction is inadequately enforced and structurally insufficient for a high-risk industry. Recommendations include enactment of a dedicated Construction Safety Act, mandatory third-party safety auditing for projects above a defined contract value, and expanded insurance obligations for contractors covering all site personnel.

Keywords: occupational health and safety, construction sector, Factories Act, Employees Compensation Act, Nigeria