Barriers to Occupational Health and Safety Legal Services During Pandemic

Objectives: This study aimed to identify the barriers to accessing legal services related to occupational health and safety during the COVID-19 pandemic. Methods: The study applied qualitative research methods, including in-depth interviews with 12 practicing lawyers in Nepal regarding their experience with hundreds of clients. The data was analysed using a thematic analysis approach. Results: The study identified key themes that characterise workers' experiences in accessing occupational health and safety (OHS) legal services, as viewed by legal practitioners. These themes included limited knowledge about OHS legal service provision and procedures; perceived high cost of legal services; delay and uncertainty in furnishing justice; intent to protect one's job, oneself, and family; authority of lawyers and health workers; the influence of family members, employer and significant others; hiding OHS problems due to potential stigmatisation, penalisation and threat; and COVID-19 pandemic-associated lockdown and travel restrictions. Conclusions: The study's findings underscore the practical challenges faced by workers in accessing OHS legal services during the pandemic. Despite the legal provisions in the current constitution, acts, and rules, the access of marginalised populations like workers to OHS services is challenged. This highlights the need for specific attention and focused interventions to avail of OHS legal services during the pandemic. The importance of targeted actions in this area cannot be overstated. The findings of this study are significant as they would serve to formulate and execute important policy guidelines to materialise the existing legal provisions on OHS, and will also serve as the basis for further studies.