Health and Safety
Employer Cares
The Occupational Health and Safety Act, 2003 makes it obligatory for the employer to provide for health, safety and welfare for all their workers and ensure the rehabilitation of affected workers.
It is obligatory for an occupier to provide and maintain plant, systems, and procedures of work that are safe and without risk to workers' health. Employer must ensure safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances. Provision of such information, instruction, training and supervision of workers is very crucial to maintain a safe and healthy workplace. Means of access to and egress from the workplace should be safe and without risks. Precautionary measure should be taken to eliminate or mitigate any hazards or potential hazard to the safety and health of workers.
Safety devices must be provided and maintained in every workplace. Workers must not get exposed to radiation, irritants, hazardous machinery and equipment, or harmful animals and insects, or infectious agents or allergies, or hazardous chemicals, or hazardous environments while doing work as an agricultural worker.
The workplace and work environment should be safe, without health risks and adequate as regards facilities and arrangements for the worker's welfare at work. Workers should be well informed of any risks and imminent danger they are exposed to, and they should participate in the application and review of safety and health measures.
Employer must also ensure proper cleanliness; supply of clean and safe drinking water; sufficient and suitable sanitary conveniences; adequate washing facilities; accommodation for clothing; first aid facilities; and suitable seating at rest time.
Preventive and protective measures should be taken after proper risk assessment (at least once a year) to ensure that all chemicals, machinery, equipment, tools and processes are safe and without risk to health and comply with the requirements of safety and health provisions in this Act.
Workers must use the safety equipment with care and act according to the prescribed instructions to preserve his health and protect him from getting injured. A worker must not be involved in any action that tends to obstruct the implementation of the instructions or cause damage or loss to the means provided for the protection, safety and health of other workers. He/she must report the employer or health and safety representative if any unhealthy or unsafe situation occurs.
Source: § 54-61, 65-76, 95 & 99 of Occupational Health and Safety Act 2003
Free Protection
The Occupational Health and Safety Act 2003 require employers to provide protective equipment (PPE) to workers involved in hazardous work.
Provision and maintenance of effective protective equipment is mandatory for the employer if workers are exposed to any injurious or offensive substance or environment. The type of PPE needed varies depending on the nature of work being performed.
Where toxic materials or substances are produced, handled or stored in the workplace, the Chief Inspector may require the employer to provide additional bathing facilities, including showers; arrange periodical examination by a recognised health institution; and provide additional protective clothing, goggles and effective screens.
Employers are not allowed to deduct from wages of a worker any amount in order to provide him anything in pursuance of Occupational Health & Safety Act.
Source: § 62, 63, 67(6) & 94of Occupational Health and Safety Act 2003
Training
In accordance with the Occupational Health and Safety Act 2003, it is the responsibility of an employer to provide instruction, training and supervision as is necessary to ensure health and safety at work of his workers. Every worker is to be made conversant with (trained on) the work he is supposed to perform, any article or substance he has to produce, process or transport and any plant/machinery he is supposed to operate. Training must be provided once in every two years.
Source: § 34 & 95 of Occupational Health and Safety Act 2003
Labour Inspection System
The Occupational Health and Safety Act 2003 provides for vibrant labour inspection system. There are independent labour inspection systems in mainland Tanzania and Zanzibar. However, the inspection system is province based and there is no central inspection authority.
The Ministry of Labour, Youth and Employment Development (MoLEYD) is responsible for labour inspection. The inspection is split between labour officers working in MoLEYD (i.e. monitoring employment contracts, wages, working time etc.) and occupational safety and health inspectors who are part of the semi-autonomous Occupational Safety and Health Agency (OSHA). Other government institutions such as the National Social Security Fund also carry out autonomous inspections but with little coordination with MoLEYD or OSHA.
Labour inspectors are authorised to enforce the labour law, provide information and advice to employers and workers on how to comply with the provisions of the labour law, as well as to bring to the attention of the competent authority any misconduct or abuses that are not specifically covered by the existing provisions. Labour inspectors also assume other responsibilities, including dispute resolution.
The national legislation provides inspectors the power to enter, inspect and examine the work premises at any time during day or night with or without prior notice; take measurements, photographs, samples and make recordings for the purpose of examination and investigation; ask for registers, documents, certificates and notices to inspect, examine and copy them; interview anyone; if the inspector is a medical practitioner he/she may carry out medical examinations; and may take police officer along with him/her if necessary.
If an occupier or his representatives do not facilitate the inspector and obstruct the execution of his duties, he/she commits an offence and is liable to a fine up to 2 million shillings or to imprisonment up to three months or to both.
Source: §6-10 of the Occupational Health and Safety Act 2003
Regulations on Health and Safety
- Occupational Health and Safety Act, 2003 / Sheria ya Afya na Usalama Mahali pa kazi mwaka 2003
