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Occupational Safety and Health (OSH)
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Tanzania, United Republic of - 2013

  • 1 Description of national OSH regulatory framework

    • 1.1 Description of OSH regulatory framework

      Summary/citation: The occupational health and safety legislative framework of the United Republic of Tanzania is largely set out in the Occupational Health and Safety Act 5 of 2003. This piece of legislation, which repealed the Factories Ordinate, makes provision for the safety, health and welfare of persons at work in factories and other places of work. In addition, it makes provision for the protection of persons other than persons at work against hazards to health and safety arising out of or in connection with activities of persons at work as well as related matters.

      • Occupational Health and Safety Act, 2003 (No. 5).

      • Official Website of the Parliament of Tanzania

  • 2 Scope, coverage and exclusions

  • 3 Institutions and programmes relating to OSH administration and/or enforcement

    • 3.1 Competent national authority for safety and health at work

      No data available.
      • 3.1.1 Objectives, roles and/or functions

        No data available.
      • 3.1.2 Chairperson and composition

        No data available.
    • 3.2 National OSH research programme or institute

      No data available.
      • 3.2.1 Objectives, roles and/or functions

        No data available.
      • 3.2.2 Governance board constitution and chairmanship

        No data available.
      • 3.2.3 Source of funding

        No data available.
    • 3.3 National OSH programme

      No data available.
      • 3.3.1 Consultation on the national OSH programme

        No data available.
  • 4 Employers’ duties and responsibilities to protect the safety and health of workers and others

    • 4.1 Duty to ensure the health and safety of employees

      Summary/citation: Employers are required to ensure, as far as is reasonably practicable, the health, safety and welfare at work of employees and rehabilitation of affected employees.

      • Occupational Health and Safety Act, 2003 (No. 5). (§ 95)

    • 4.2 Duty to protect the health and safety of people other than their own employees

      Summary/citation: Employers are obliged to conduct their undertaking in such a manner as to ensure, as far as is reasonably practical, that persons other than those in their employment who may be directly affected by their activities are not exposed to hazards that affect their health and safety.

      • Occupational Health and Safety Act, 2003 (No. 5). (§ 95(4))

    • 4.3 Collaboration among two or more employers at the same workplace

      No data available.
    • 4.4 Surveillance of workers’ health in relation to work

      Summary / Citation: "In case where toxic materials or substances are manufactured, handled, used or stored, the Chief Inspector may serve upon the occupier, employer a notice requiring him to … arrange for periodical medical examination by a recognised health institution."

      • Occupational Health and Safety Act, 2003 (No. 5). (§ 67(6)(b))

      • 4.4.1 Specific hazards for which surveillance is required

        No data available.
    • 4.5 Surveillance of the working environment and working practices

      Summary / Citation: Employers shall establish those hazards to the health or safety of persons attached to any work which is performed, any article or substance which is produced, processed, used, handled, stored or transported and any plant or machinery which is used in the business.

      • Occupational Health and Safety Act, 2003 (No. 5). (§ 95(2)(g))

    • 4.6 Duty to provide personal protective equipment

      Summary / Citation: Employers have a duty to provide and maintain protective equipment for the use of the persons employed.

      • Occupational Health and Safety Act, 2003 (No. 5). (§ 62)

    • 4.7 Duty to ensure the usage of personal protective equipment

      Summary / Citation: Employers have an obligation to ensure that no employee discharges his or her duties without taking the prescribed precautionary measures.

      • Occupational Health and Safety Act, 2003 (No. 5). (§ 95(2)(i))

    • 4.8 Duty to provide first-aid and welfare facilities

      Yes.
  • 5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices

    • 5.1 Elements of an OSH management system

      Yes.
      • 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

        Summary/citation: Employers with more than four workers in their employment in a factory or workplace are required to (a) prepare a written policy on the protection of health and safety of employees and description of the organization for implementing the policy; (b) to prepare guidelines concerning the implementation of the contents of the policy; (c) to display a copy of the policy at any conspicuous area within the factory or workplace; and (d) to distribute copies of policy and guidelines to all employees.

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 96)

      • 5.1.2 Appointment of a person for health and safety

        Summary/citation: Every Chief Executive Officer has a duty to ensure that all of the obligations of his or her employer as contemplated in the Occupational Health and Safety Act are properly discharged. In addition, a Chief Executive Officer may assign any of the aforementioned duties to any person under his or her control, who shall act subject to the control and directions of the Chief Executive Officer.

        • Occupational Health and Safety Act, 2003 (No. 5). (§§ 100(1),(2))

      • 5.1.3 Written risk assessment

        Summary/citation: The OSH Act does require an employer to undertake a risk assessment annually or any other time when the need for risk assessment deems necessary is done by an approved inspection authority. The employer is required to furnish evidence of such risk assessment to the Chief Inspector or an inspector when requested.

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 60)

      • 5.1.4 Safe operating work systems and procedures

        Summary/citation: Employers are required to provide a safe workplace and safe working procedures.

        • Occupational Health and Safety Act, 2003 (No. 5). (§§ 5(1),(2))

      • 5.1.5 Training and information on risks

        Summary/citation: Employers have the responsibility to ensure that (a) all exposed workers are instructed on the hazards prevailing in their workplace; (b) safety measures are taken to avoid injury; (c) training is provided at least once in every two years.

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 34(2))

      • 5.1.6 Review or assessment of the results of preventive measures

        Summary/citation: Employers are required to check the effectiveness of health and safety measures at work.

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 95(3)(a))

      • 5.1.7 Consultation with workers in health and safety

        Summary/citation: An employer has a duty to "to consult with his employees or their representative with a view to making and maintenance of arrangements which will enable the occupier and his employees to co-operate effectively in promoting and developing measures to ensure the health and safety at work of the employees and checking the effectiveness of such measures".

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 95(3)(a))

    • 5.2 Obligation to implement a specific OSH management system or standard

      No data available.
  • 6 Employers’ duty to ensure availability of expertise and competence in health and safety

    • 6.1 OSH competence

      No data available.
      • 6.1.1 Requirement to access expert advice and/or support in health and safety

        No data available.
        • 6.1.1.1 Qualifications of experts or professional services

          No data available.
    • 6.2 Appointment of an OSH practitioner

      No data available.
      • 6.2.1 Workforce size threshold for the appointment of OSH practitioners

        No data available.
  • 7 Workers' rights and duties

    • 7.1 Duty to take reasonable steps to protect their own safety and health

      Summary / Citation: Every employee has duty to take reasonable care for the health and safety of himself or herself and of any other person who may be affected by his or her actions or omissions at work.

      • Occupational Health and Safety Act, 2003 (No. 5). (§ 99(1)(a))

    • 7.2 Duty to take reasonable steps to protect the safety and health of others

      Summary / Citation: Every employee has duty to take reasonable care for the health and safety of himself or herself and of any other person who may be affected by his or her actions or ommissions at work.

      • Occupational Health and Safety Act, 2003 (No. 5). (§ 99(1)(a))

    • 7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

      No data available.
    • 7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

      Summary / Citation: Every Chief Executive Officer has a duty to ensure that all of the obligations of his or her employer as contemplated in the Occupational Health and Safety Act are properly discharged.

      • Occupational Health and Safety Act, 2003 (No. 5). (§ 100(1))

    • 7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

      Summary / Citation: Self-employed persons are required to conduct their businesses in such a manner as to ensure that, they and any other person who may be directly affected by their activities are not exposed to hazards that affect their health or safety.

      • Occupational Health and Safety Act, 2003 (No. 5). (§ 95(6))

    • 7.6 Duty to comply with OSH-related requirements

      Summary / Citation: Employees have an obligation to cooperate with their employer so as to enable him or her to comply with the duties or requirements imposed on him or her by the Occupational Health and Safety Act.

      • Occupational Health and Safety Act, 2003 (No. 5). (§ 99(1)(b))

    • 7.7 Right to enquire about risks and preventive measures

      No data available.
    • 7.8 Right to remove themselves from a dangerous situation

      Summary / Citation: However, an employee may not wilfully and without any reasonable cause do anything likely to endanger himself or herself.

      • Occupational Health and Safety Act, 2003 (No. 5). (§ 93(2)(b))

    • 7.9 Right to be reassigned to non-hazard work

      No data available.
      • 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

        No data available.
  • 8 Consultation, collaboration and co-operation with workers and their representatives

    • 8.1 National OSH committee, commission, council or similar body

      No data available.
      • 8.1.1 Objectives, roles and/or functions

        No data available.
      • 8.1.2 Constitution and chairmanship modalities

        No data available.
    • 8.2 Employers’ duty to consult workers on risks

      Summary / Citation: An employer has a duty “to consult with his or her employees or their representatives with a view to the making and maintenance of arrangements which will enable the occupier and his or her employees to co-operate effectively in promoting and developing measures to ensure the health and safety at work of the employees and checking the effectiveness of such measures”.

      • Occupational Health and Safety Act, 2003 (No. 5). (§ 95(3)(a))

    • 8.3 Workers’ right to select their representatives for health and safety matters

      Summary / Citation: Every employer with more than twenty employees is required to designate in writing for a specified period a health and safety representative for the factory or workplace.

      • Occupational Health and Safety Act, 2003 (No. 5). (§ 11(1))

      • 8.3.1 Workforce size conditions for workers’ representation in health and safety

        Summary / Citation: "The number of health and safety representatives at a factory or workplace or section thereof shall (a) in the case of shops and offices be at least one health and safety representative for hundred employees or part thereof; (b) in the case of a factory or workplace at least one health and safety representative for every fifty employees or part thereof."

        Restrictions / obligations: Provided that those employees performing work at a workplace other than that where they ordinarily report for duty, shall be deemed to be working at the factory or workplace where they so report for duty.

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 11(4))

      • 8.3.2 Conditions of eligibility to represent workers in health and safety

        No data available.
    • 8.4 OSH representatives’ functions, rights and powers

      Sometimes.
      • 8.4.1 Right to inspect the workplace

        Summary / Citation: A health and safety representative is empowered "to inspect any document which the employer is required to keep in terms of the Occupational Health and Safety Act in so far as is reasonably necessary to perform his or her functions".

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 12(1)(f))

      • 8.4.2 Right to access OSH information

        No data available.
      • 8.4.3 Right to be present at interviews

        Summary / Citation: Functions of health and safety representatives include accompanying an inspector on any inspections and participating in any internal health or safety audit.

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 12(1)(g),(i))

      • 8.4.4 Right to receive professional assistance from OSH experts

        Summary / Citation: An employer has a duty to provide OSH representatives with such facilities, assistance and training as the health and safety representative nay reasonably require for the carrying out of his or her functions.

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 12(2))

      • 8.4.5 Right to accompany inspectors

        Summary / Citation: An OSH representative has a right to accompany an inspector on any inspection.

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 12(1)(g))

      • 8.4.6 Right to use facilities

        Summary / Citation: An employer has a duty to provide OSH representatives with such facilities, assistance and training as the health and safety representative nay reasonably require for the carrying out of his or her functions.

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 12(2))

      • 8.4.7 Right to have time off work with pay to perform duties

        Summary / Citation: "All activities in connection with the designation, functions and training of health and safety representatives shall be performed during ordinary working hours, and any times reasonably spent by any employee in this regard shall for all purposes be deemed to be time spent by him in the carrying out of his duties as an employee".

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 11(6))

      • 8.4.8 Right to issue remedial notices

        No data available.
      • 8.4.9 Right to resolve OSH issues in consultation with employers

        Summary / Citation: An OSH Representative is required to collaborate with his or her employer and examine the causes of incidents at the workplace.

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 12(c ))

      • 8.4.10 Right to direct that dangerous work cease

        No data available.
    • 8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace

      No data available.
      • 8.5.1 Right to enter the workplace

        No data available.
      • 8.5.2 Right to investigate suspected non-compliance with OSH legislation

        No data available.
      • 8.5.3 Right to consult with workers

        No data available.
      • 8.5.4 Right to advise workers

        No data available.
      • 8.5.5 Right to initiate enforcement action

        No data available.
    • 8.6 Joint OSH Committee

      Summary / Citation: "An employer shall in respect of each factory or workplace where two or more health and safety representatives have been designated, establish one or more Committees".

      • Occupational Health and Safety Act, 2003 (No. 5). (§ 13(1))

      • 8.6.1 Participation of workers’ representatives in joint OSH committee

        Summary / Citation: "The Committee shall consist of such number of members at least one third of whom shall be women as the employer may from time to time determine except that (a) where one Committee has been established in respect of a factory or workplace, all the health and safety representative for that factory or workplace shall be members of the Committee; (b) where two or more Committees have been established in respect of a factory or workplace, each health and safety representative for that factory or workplace shall be a member of at least one of those Committees; and (c) the number of persons nominated by an employer on any Committee established in terms of this section shall not exceed the number of health and safety representatives on that Committee."

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 13(2))

      • 8.6.2 Conditions for establishing a joint OSH committee

        Summary / Citation: "An employer shall in respect of each factory or workplace where two or more health and safety representatives have been designated, establish one or more Committees".

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 13(1))

      • 8.6.3 Objectives, roles and/or functions of joint OSH committees

        Summary / Citation: These include making recommendation to the employer; discussing any incident at the factory or workplace; keeping record of each recommendation made to an employer and performing such other functions as may be prescribed.

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 14(1))

      • 8.6.4 Keeping record of the work of joint OSH committees

        No data available.
      • 8.6.5 Sharing the minutes of joint OSH committees meetings

        No data available.
    • 8.7 Mandatory training for members of joint OSH committee(s)

      Summary / Citation: "An employer shall provide such [...] training as health and safety representatives may reasonably require for the carrying out of his or her functions"

      • Occupational Health and Safety Act, 2003 (No. 5). (§ 12(2))

    • 8.8 Protection against reprisals

      Summary / Citation: "No employer shall
      (a) dismiss an employee;
      (b) reduce the rate of his remuneration;
      (c) alter the terms or conditions of his employment to terms or conditions less favourable to him;
      (d) alter his position relative to other employees employed by that employer to his disadvantage; by reason of the fact, or because he suspects or believes, whether or not the suspicion or belief is justified or correct that the employee-
      (i) has given information to the Minister or to any other persons charged with the administration of any provision of this Act which in terms of this act he is required to give or which relates to the terms, conditions or circumstances of his employment or to those of any other employee of his employer; or
      (ii) has compiled with a lawful prohibition, requirement, request or direction of an inspector; or
      (iii) has given evidence before a court of law; or
      (iv) has done anything which he may or is required to do in terms of this Act; or
      (v) has refused to do anything which he is prohibited from doing in terms of this Act; or
      (vi) has contracted occupational occupational or any other disease."

      • Occupational Health and Safety Act, 2003 (No. 5). (§ 102)

    • 8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

      No data available.
  • 9 Specific hazards or risks

  • 10 Recording, notification and investigation of accidents/incidents and diseases

    • 10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases

      Sometimes.
      • 10.1.1 Work-related accidents

        Summary / Citation: Employers are required to keep a register describing, inter alia, the occupational accidents and case of occupational disease occurring at the factory or workplace of which notice is required to be sent to the Chief Inspector.

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 90(1)(d))

      • 10.1.2 Near miss incidents

        No data available.
      • 10.1.3 Occupational diseases

        Summary / Citation: Employers are required to keep a register describing, inter alia, the occupational accidents and case of occupational disease occurring at the factory or workplace of which notice is required to be sent to the Chief Inspector.

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 90(1)(d))

    • 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health

      Summary / Citation: Employers have a duty to notify the Chief Inspector about each incident occurring at the workplace where any person dies, becomes unconscious, suffers the loss of a limb or part of a limb, or is otherwise injured or becomes ill from occupational disease to such a degree that he or she is likely either to die or suffer a permanent physical defect or is likely to be unable either to work or to continue with the activity for which he or she was employed or is usually employed for a period of a least fourteen days (§ 101(1)(a)).

      Employers have the obligation to report also near misses to the Chief Inspector. Such near misses include incidents where the health or safety of any person was endangered and where a dangerous substance was spilled (§ 101(1)(c).

      Employers are required to keep a register describing, inter alia, the occupational diseases occurring in the workplace of which notice is required to be sent to the Chief inspector. The occupier of a factory or workplace has a duty to submit to an inspector such extracts from the register as the Inspector may require for the purpose of the execution of his or her duties under the OHS Act (§ 90(1)(d),(2)).

      • Occupational Health and Safety Act, 2003 (No. 5). (§§ 101(1)(a),(c);90(1)(d),(2))

      Related CEACR Comments
      Labour Inspection Convention, 1947 (No. 81) Direct Request 1995

  • 11 OSH inspection and enforcement of OSH legislation

    • 11.1 Appointment of OSH inspectors

      Summary / Citation: The Minister has a duty to appoint the Chief Inspector. In addition, the Chief Inspector may designate any person as an inspector to perform, subject to the control and directions of the Chief Inspector, any or all the functions assigned to an inspector by the Occupational Health and Safety Act.

      • Occupational Health and Safety Act, 2003 (No. 5). (§ 4)

    • 11.2 OSH inspectors’ powers

      Sometimes.
    • 11.3 OSH inspectors’ enforcement powers

      Sometimes.
      • 11.3.1 Power to issue orders or notices

        Summary / Citation: The Chief Inspector has the power to, after considering the report of the inspector on the circumstances of any incident that has occurred or originated from a workplace, issue an improvement notice or issue a prohibition notice.

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 8(3))

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Direct Request 1995

      • 11.3.2 Power to impose financial penalties

        Summary / Citation: The Chief Inspector has the power to require a person who has committed an offence under the Occupational Health and Safety Act to make payment of a sum of money.

        Restrictions / obligations: Such as sum of money may not be less than one hundred thousand shillings (1 170 USD) and the Chief Inspector shall give a receipt to the person from whom he or she receives such sum of money.

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 88(1))

      • 11.3.3 Power to revoke or suspend licenses or authorisations

        No data available.

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Direct Request 1995

      • 11.3.4 Power to require the cessation of dangerous work

        Summary / Citation: An inspector has the authority to, in writing, prohibit and employer from requiring or permitting an employee to perform an act that in the inspectors opinion threatens or is likely to threaten the health and safety of any person or employee.

        • Occupational Health and Safety Act, 2003 (No. 5).

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Direct Request 1995

      • 11.3.5 Power to initiate prosecutions

        Summary / Citation: The Chief Inspector has the power to, after considering the report of the inspector on the circumstances of any incident that has occurred or originated from a workplace, refer the matter to court.

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 8(3)(d))

      • 11.3.6 Power to conduct prosecutions

        Summary / Citation: An inspector may, prosecute, conduct or defend before a Magistrate's Court any charge, complaint, or any other proceeding arising under the Occupational Health and Safety Act or in the discharge of his or her duty as an inspector.

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 10(1))

      • 11.3.7 Other enforcement powers

        No data available.
    • 11.4 Application of sanctions by courts

      Yes.
      • 11.4.1 Financial penalties for legal persons

        Summary / Citation: A court can impose fines, depending on the nature of the violation or offence, ranging from fifty thousand shillings (585.82 USD) to five million shillings (58 582 USD).

        • Occupational Health and Safety Act, 2003 (No. 5). (§§ 51(11) ,51(10),79(1))

      • 11.4.2 Financial penalties for natural persons

        Summary / Citation: A court can impose fines, depending on the nature of the violation or offence, ranging from a fine not exceeding one hundred thousand shillings a day to a fine not less than five million shillings (58 582 USD).

        • Occupational Health and Safety Act, 2003 (No. 5). (§§ 79(1),(2))

      • 11.4.3 Non-financial sanctions

        Summary / Citation: The court may in addition to or instead of imposing any penalty, order the occupier or owner within the time specified in the order, to take such steps as may be so specified for remedying the matters in respect of which the contravention occurred.

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 80(1))

      • 11.4.4 Criminal liability

        Summary / Citation: "Where any person killed, or suffers serious bodily injury, in consequence of the occupier or owner of a factory or workplace having contravened any provision of this Act or of any regulation, rule or Order made thereunder, the occupier or owner of the factory or workplace shall without prejudice to any other penalty, be liable to a fine of not less than ten million shillings or to imprisonment for a term not exceeding two years or to both such fine and imprisonment".

        • Occupational Health and Safety Act, 2003 (No. 5). (§ 81(1))

      • 11.4.5 Terms of imprisonment for natural persons

        Summary / Citation: Imprisonment terms depend on the nature of the violation or offence and cannot exceed 2 years.

        • Occupational Health and Safety Act, 2003 (No. 5). (§§ 77-89)

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