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Occupational Safety and Health (OSH)
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Uganda - 2014

Themes

  1. Description of national OSH regulatory framework
  2. Scope, coverage and exclusions
  3. Institutions and programmes relating to OSH administration and/or enforcement
  4. Employers’ duties and responsibilities to protect the safety and health of workers and others
  5. Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices
  6. Employers’ duty to ensure availability of expertise and competence in health and safety
  7. Workers' rights and duties
  8. Consultation, collaboration and co-operation with workers and their representatives
  9. Specific hazards or risks
  10. Recording, notification and investigation of accidents/incidents and diseases
  11. OSH inspection and enforcement of OSH legislation

  • 1 Description of national OSH regulatory framework

  • 2 Scope, coverage and exclusions

    • 2.1 Health and safety covers physical and psychological health

      Summary/citation: Physical and psychological health is implied from the definition of bodily injury in the Occupational Safety and Health Act.
      The Act states that “bodily injury” includes injury to health and further provides that "It shall be the duty of a person who has control to any extent, control over premises to which this Act applies, to provide the safe means of access to and exit from the premises, or any plan or substances in the premises and to take any measures that are reasonable for a person in his or her position, to ensure, as far as is reasonably practicable that the premises remain safe without risk to health."

      • The Occupational Safety and Health Act, 2006 (Act No. 9) (§§ 2, 26)

    • 2.2 Definition of worker

      Summary/citation: 'Worker' means "any person who performs work regularly or temporarily for an employer and includes a public officer."

      • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 2)

      • 2.2.1 Coverage of particular categories of workers

        Yes.

        • 2.2.1.1 Migrant workers

          Summary/citation: No provision excludes migrant workers from the definitions of the Act.

          • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 2)

        • 2.2.1.2 Domestic workers

          Summary/citation: No provision excludes domestic workers from the definitions of the Act.

          Restrictions / obligations: No person shall be subjected to interference with the privacy of that person’s home, correspondence,communication or other property.

          Remarks / comments: There is a grey area here where activities which are being carried out within peoples homes, the workplace safety and health law was not explicit on the domestic workers, but the Constitution is paramount in as far as peoples privacy is concerned.

          • Constitution of Uganda. (§ 27(2))

          • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 2)

        • 2.2.1.3 Home workers

          Summary/citation: There is no section which excludes home workers.

          Remarks / comments: Although the law had some grey area for domestic workers, it does not contradict the Constitution on the premises of right to privacy, as the areas where home workers operate are not covered by privacy in the strict sense of the word.
          Where home workers raise issues related to the cottage industry being undertaken in homes, such issues are effectively covered by the Act, as such locations will be detached from the living quarters of persons concerned.

          • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 2)

        • 2.2.1.4 Self-employed persons

          Summary/citation: Self-employed persons are included in the definition of the worker provided by the Act where 'worker' means "any person who performs work regularly or temporarily for an employer and includes a public officer". The Act has clearly outlined the obligations of self-employed persons as follows:
          “A self employed person shall conduct his /her undertaking in a way that ensures that, as far as is reasonably practicable, that he or she and any other person who may be affected by the undertaking is not exposed to risks to his her health or safety”.

          • The Occupational Safety and Health Act, 2006 (Act No. 9) (§§ 2, 24)

    • 2.3 Definition of employer

      No data available.

      Related CEACR Comments
      • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 2021

    • 2.4 Exclusion of branches of economic activity

      No data available.

      • 2.4.1 Agriculture

        Summary/citation: Workplace has the same meaning as "working environment" and "working environment" means all places of work and all sites and areas where work is carried out including not only the permanent, indoor, stationary places of work,such as factories, offices and shops but also temporary places of work such as civil engineering sites, open-air places such as fields, forests, roads, oil refineries and mobile places of work such as cabs of trucks, seats of tractors and excavators,ships, galleys, freight decks of aircraft, and without exception; places where workers are found as a consequence of their work (including canteens and living quarters on board ships).

        • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 2)

      • 2.4.2 Construction

        Summary/citation: The construction sector is covered by the definition of the working environment in the Act. It covers "places where workers are found as a consequence of their work."

        Remarks / comments: The construction sector is fully covered by the law as per observation from the definition of the working environment.

        • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 2)

      • 2.4.3 Services

        Summary/citation: Services are covered under the the definition of the working environment in the Act.

        Remarks / comments: The definition of the working environment covers all workplaces regardless of whether they are public or private.

        • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 2)

      • 2.4.4 Public sector

        Summary/citation: The public sector falls under the definition of the working environment in the Act.

        Remarks / comments: The definition of the working environment covers all workplaces whether public or private.

        • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 2)

        Related CEACR Comments
        • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 2021

      • 2.4.5 Other

        No data available.

    • 2.5 Definition of occupational accident

      Summary/citation: An occupational accident means "an occurrence arising out of or during the course of work which results in fatal occupational injury or non-fatal occupational injury.”

      • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 2)

    • 2.6 Definition of occupational disease

      Summary/citation: An occupational disease means "a disease contracted as result of exposure to risk factors arising from a work activity.”

      • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 2)

      • 2.6.1 List of occupational diseases

        Summary/citation: They are outlined in Workers's Compensation Act, Third schedule.

        Remarks / comments: The Act maw made with flexibility for the medical practitioners to include those diseases not mentioned but they feel should be taken as occupational.

        • Workers' Compensation Act, 2000 (No. 8 of 2000) (Cap. 225). (§ 37)

      • 2.6.2 Mechanism for compensating other diseases as occupational ones

        Summary/citation: The Workers' Compensation Act, third schedule, part viii, no. 54, which indicated that any other disease which otherwise is not indicated in the Act, which can be scientifically proven to be of occupational origin shall be taken as an occupational disease.

        • Workers' Compensation Act, 2000 (No. 8 of 2000) (Cap. 225). (§ 37)

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

    • 3.1 Competent national authority for safety and health at work

      Summary/citation: The Commissioner under the Occupational Safety and Health Act of 2006 is responsible for the administration of the Act.

      • The Occupational Safety and Health Act, 2006 (Act No. 9) (§§ 3, 4)

      • 3.1.1 Objectives, roles and/or functions

        Summary/citation: Mission:
        To ensure the existence of safety and health at all workplaces and work environments.

        Mandate:
        To evaluate and control the physical, chemical, psychological, physiological, social and technical factors that affect a person at work and the working environment.

        Objectives:
        To promote good health of the worker at the workplaces;
        To promote good working environment;
        To ensure that all new work methods, processes, construction, machinery and substances in an undertaking be it indigenous or imported are assessed for safety, health and environmental effects before they are allowed to be used in the country;
        To educate the worker, employer and public about occupational safety and health matters.

        Remarks / comments: This data was made available in the Occupational Safety and Health Profile for Uganda, 2004, Page 38-41
        http://ilo.ch/wcmsp5/groups/public/---ed_protect/---protrav/---safework/documents/policy/wcms_186993.pdf

      • 3.1.2 Chairperson and composition

        Summary/citation: There shall be appointed a Commissioner and any other Inspectors as are necessary for the purposes of the Occupational Safety and Health Act.
        The Commissioner is the person responsible for the administration of the Act.

        Remarks / comments: The current structure consists of a Commissioner, 2 Assistant Commissioners, and other technical officers at Principal, Senior and general entry levels, in the fields of engineering, medicine, chemistry/biochemistry, physics, health and other sciences. The total number of technical staff is 27.
        This information was made available from the OSH profile of 2004, page 42
        http://ilo.ch/wcmsp5/groups/public/---ed_protect/---protrav/---safework/documents/policy/wcms_186993.pdf

        • The Occupational Safety and Health Act, 2006 (Act No. 9) (§§ 3, 4 )

    • 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: “The Employer is required to take, as far as is reasonably practicable, all measures for the protection of his /her workers and the general public from the dangerous aspects of the employer's undertaking at his /her cost."

      • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 13)

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

      Summary/citation: It is the duty of an employer to conduct his /her undertaking in a way that ensures, as far as is reasonably practicable, that any person, who is not his /her employee, but who may be affected by the undertaking, is not exposed to risks to his or her health and safety.

      • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 23)

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

      Summary/citation: Where two or more employers undertake activities simultaneously at one workplace, they shall have a duty to collaborate, in order to comply with the prescribed measures, without prejudice to the responsibility to each of the employers to his or her workers.

      • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 23(2))

    • 4.4 Surveillance of workers’ health in relation to work

      Summary / Citation: "Subject to any conditions determined by the Commissioner, every employer shall provide for the supervision of the health of the workers exposed to or liable to be exposed to occupational hazards due to pollution and other harmful agents in a working environment ... "

      • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 21)

      • 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: The Minister may require a medical supervision or medical examination of a person, or any class of persons employed, where in any workplace, a case of illness of which there is reason to believe that it may be due to the nature of a process or other conditions of work, occurs.

      • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 93(a))

    • 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.

      • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 91(1))

    • 4.7 Duty to ensure the usage of personal protective equipment

      Summary / Citation: An employer shall provide and maintain personal protective equipment, free of charge to employees, and provide instructions to their use.

      • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 91(2))

    • 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 twenty workers in their employment in a workplace are required to (a) prepare a written policy on the protection of health and safety of employees; (b) make arrangements for the implementation of the policy; (c) bring the statement of the policy or its revision to the notice of all employees.

        • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 14)

      • 5.1.2 Appointment of a person for health and safety

        Summary/citation: The Minister shall make regulations to provide, in prescribed cases, for the appointment of safety representatives.

        • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 15(1))

      • 5.1.3 Written risk assessment

        No data available.

      • 5.1.4 Safe operating work systems and procedures

        Summary/citation: Employers have a duty to provide a safe workplace and safe working procedures.

        • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 13(2))

      • 5.1.5 Training and information on risks

        Summary/citation: Provision of adequate and appropriate information, instructions, training and supervision necessary to ensure, as far as is reasonably practicable, the safety and health of the employees and the application and use of the occupational safety and health measures, taking into account the functions and the capabilities of the different categories of workers in the undertaking.

        • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 13(c))

      • 5.1.6 Review or assessment of the results of preventive measures

        No data available.

      • 5.1.7 Consultation with workers in health and safety

        Summary/citation: Employers have a duty to act in consultation with workers’ organisations and the consultation to include as far as possible, close collaboration at all levels between them and the workers in the application of the measures prescribed in the Act.

        • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 17(1)(b))

    • 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.

      • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 35(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 omissions at work.

      • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 35(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

      No data available.

    • 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 have a duty to conduct their undertakings in a way that ensures, as far as is reasonably practicable, that they and any other person who may be directly affected by their undertakings are not exposed to risks their health or safety.

      • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 24)

    • 7.6 Duty to comply with OSH-related requirements

      Summary / Citation: It is the duty of every worker while at work as regards any duty or requirements imposed upon the employer or, any other person, by or under statutory provision to comply with the employer, as far as is necessary, to enable the duty or requirement to be performed or complied with.

      • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 35(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: A worker who moves himself or herself from a worker situation which he or she has reasonable justification to believe presents an imminent and serious danger to his or her life shall not be punished or subjected to undue consequences, provided the danger is confirmed by the Commissioner.

      • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 37)

    • 7.9 Right to be reassigned to non-hazard work

      Summary / Citation: Where any assignment involves exposure to dangerous emissions or to substances and agents which are harmful to health, and it is certified to be medically inadvisable to continue the exposure, it shall be the duty of the employer to provide the worker concerned with suitable alternative employment.

      • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 20)

      • 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: It shall be the duty of every employer to consult a representative in the making and sustenance of arrangements, which enable the employer and the worker to co-operate effectively in the development of the measures to ensure the safety and health of the employees.

      • The Occupational Safety and Health Act, 2006 (Act No. 9) (§§ 15(2); 17 (1) (a), (b))

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

      Summary / Citation: The Minister shall make regulations to provide for the appointment, in prescribed cases, of safety representatives.

      Remarks / comments: Regulations in respect of the above have been formulated but there are still in the pipeline - not yet published as a law.

      • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 15)

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

        No data available.

      • 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 safety committee shall keep under review the measures taken to ensure the safety and health of employees and any other functions as may be prescribed.

        • The Occupational Safety and Health Act, 2006 (Act No. 9) (§§ 16(3), 17(2))

      • 8.4.2 Right to access OSH information

        Summary / Citation: A safety committee shall keep under review the measures taken to ensure the safety and health of employees and any other functions as may be prescribed.

        • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 16(3))

      • 8.4.3 Right to be present at interviews

        No data available.

      • 8.4.4 Right to receive professional assistance from OSH experts

        No data available.

      • 8.4.5 Right to accompany inspectors

        Summary / Citation: A representative of the employer and a representative of the worker shall accompany an inspector or any other authorised person supervising any measures prescribed under this Act, except where the inspector or authorised person is of the view that the accompaniment shall prejudice the performance of his /her duties.

        • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 17(2))

      • 8.4.6 Right to use facilities

        No data available.

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

        No data available.

      • 8.4.8 Right to issue remedial notices

        No data available.

      • 8.4.9 Right to resolve OSH issues in consultation with employers

        No data available.

      • 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

    • 8.7 Mandatory training for members of joint OSH committee(s)

      No data available.

    • 8.8 Protection against reprisals

      Summary / Citation: An employer shall not levy or permit to be levied on any worker any penalty in respect of anything done or provided under the Act.

      • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 38)

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

      Summary / Citation: An employer shall not levy or permit to be levied on any worker any penalty in respect of anything done or provided under the Act.

      • The Occupational Safety and Health Act, 2006 (Act No. 9) (§ 38)

  • 9 Specific hazards or risks

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

  • 11 OSH inspection and enforcement of OSH legislation

References

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