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Occupational Safety and Health (OSH)

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Zambia - 2013

Themes

1 Description of national OSH regulatory framework
- 1.1 Description of OSH regulatory framework
  Summary/citation: There are two pieces of legislation regulating occupational safety and health in Zambia. These are the Factories Act (Cap 441) and the Occupational Health and Safety Act 36 of 2010.
  
  The Factories Act has been enacted to “make further and better provision for the regulation of the conditions of employment in factories and other places as regards the safety, health and welfare of persons employed therein; to provide for the safety, examination and inspection of certain plant and machinery and to provide for purposes incidental to or connected with the matters aforesaid.”
  
  The Occupational Health and Safety Act establishes the Health and Safety Institute and provides for its functions; the establishment of health and safety committees at workplaces and for the health, safety and welfare of persons at work; the duties of manufacturers, importers and suppliers of articles, devices, items and substances for use at work; the protection of persons, other than persons at work, against risks to health or safety arising from, or in connection with the activities of persons at work.
  • Occupational safety and health country profile: Zambia
  • Labour inspection country profile of Zambia
  • Occupational Health and Safety Act 36 of 2010
  • Factories Act [No. 2 of 1966] (Cap. 441).
2 Scope, coverage and exclusions
- 2.1 Health and safety covers physical and psychological health
  Summary/citation: The definition of "occupational health and safety services" includes:
  "(a) a service protecting employees against any health or safety hazard which may arise out of their work or the conditions in which the work is carried on;
  (b) a service contributing towards the employees’ physical and mental adjustment, to the employees’ adaptation to their work and to their assignment to work for which they are suited; and
  (c) contributing to the establishment and maintenance of the highest possible degree of physical and mental well-being of the employees".
  Remarks / comments: The concept of mental health is included within the scope of the OSH legislation. This can be inferred by the definition of "occupational health and safety services" laid down in the law.
  • Occupational Health and Safety Act 36 of 2010 (§ 2(1))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
- 2.2 Definition of worker
  Summary/citation: An 'employee' is defined as:
  (a) any person,excluding an independent contractor, who works for another person, whether incorporated or not, or for a government agency, and who receives, or is entitled to receive, any remuneration; or
  (b) any other person who in any manner assists in carrying on or conducting the business of an employer”.
  • Occupational Health and Safety Act 36 of 2010 (§ 2(1))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 2.2.1 Coverage of particular categories of workers
    Sometimes.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
    - 2.2.1.1 Migrant workers
      No data available.
      • Occupational Health and Safety Act 36 of 2010 (§ 2(1))
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
    - 2.2.1.2 Domestic workers
      No data available.
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
    - 2.2.1.3 Home workers
      No data available.
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
    - 2.2.1.4 Self-employed persons
      Summary/citation: Although a self-employed person does not fall within the definition of "worker", he/she do fall with the scope of coverage of the Occupational Health and Safety legislation and is defined as “any person who on their own, or in partnership or association with any other person, is engaged in an occupation and who receives from the proceeds of that occupation any emolument other than a dividend.”
      • Occupational Health and Safety Act 36 of 2010 (§ 2(1); § 18(2))
- 2.3 Definition of employer
  Summary/citation: An ‘employer’ is defined as “any person (a) who employs or provides work for another person and who remunerates or expressly or tacitly undertakes to remunerate that other person; or (b) who permits any other person in any manner to assist in the carrying on or conducting of the person’s business, including any person acting on behalf of, or on the authority of, such employers.”
  • Occupational Health and Safety Act 36 of 2010 (§ 2(1))
  Related CEACR Comments
  • Private Employment Agencies Convention, 1997 (No. 181) Direct Request 2015
- 2.4 Exclusion of branches of economic activity
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 2.4.1 Agriculture
    Summary/citation: "This Act applies to all places of work, except as otherwise provided by this Act".
    Remarks / comments: Agriculture falls within the scope of application of the Occupational Health and Safety Act based on this provision laid down in the law.
    • Occupational Health and Safety Act 36 of 2010 (§3)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 2.4.2 Construction
    Summary/citation: These Regulations may be cited as the Construction (Safety and Health) Regulations, and shall apply-
    (a) to building operations;
    (b) to works of engineering construction;
    as defined in section three of the Act, and undertaken by way of trade or business or for the purpose of any industrial or commercial undertaking, or by or on behalf of the Government or any local or other public authority.
    • Construction (Safety and Health) Regulations (S. I. No. 420 of 1967) as amended up to S. I. No. 90 of 1974.
    • Factories Act [No. 2 of 1966] (Cap. 441). (The construction (safety and health) regulations, arrangement of regulations, Part I § 1)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 2.4.3 Services
    Summary/citation: "This Act applies to all places of work, except as otherwise provided by this Act".
    Remarks / comments: The definition of workplace laid down in the law is broad enough to include workplaces where services are provided. Services are not excluded from the scope of application of the law.
    • Occupational Health and Safety Act 36 of 2010 (§2 (1))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 2.4.4 Public sector
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 2.4.5 Other
    No data available.
    Related CEACR Comments
    • Safety and Health in Mines Convention, 1995 (No. 176) Observation 2015
    • Safety and Health in Mines Convention, 1995 (No. 176) Direct Request 2021
- 2.5 Definition of occupational accident
  Summary/citation: “Occupational disease or injury” means a disease or injury contracted or suffered as a result of one’s employment or by such disease or injury as the Minister may prescribe, by statutory instrument.
  • Occupational Health and Safety Act 36 of 2010 (§ 2(1))
- 2.6 Definition of occupational disease
  Summary/citation: “Occupational disease or injury” means a disease or injury contracted or suffered as a result of one’s employment or by such disease or injury as the Minister may prescribe, by statutory instrument.
  • Occupational Health and Safety Act 36 of 2010 (§ 2(1))
  - 2.6.1 List of occupational diseases
    Yes.
    • Factories Act [No. 2 of 1966] (Cap. 441). (Second Schedule)
  - 2.6.2 Mechanism for compensating other diseases as occupational ones
    Yes.
    • Workers' Compensation Act (No. 10 of 1999).
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 Ministry of Labour and Social Security is organized into 5 departments and 1 unit. Among them are the Department of Labour and the Department of Occupational Safety and Health.
  
  The Department of Occupational Safety and Health (OSH) is headed by a Director with three functional Sections, namely: Mechanical, Electrical and Pressure Vessels, Occupational Hygiene, and Construction and Civil Engineering. Each Section is under the supervision of a Chief Inspector.
  • Labour inspection country profile of Zambia
  • Occupational Health and Safety Act 36 of 2010 (§ 6 and Part V)
  Related CEACR Comments
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2019
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 3.1.1 Objectives, roles and/or functions
    Summary/citation: The Department’s core functions include the enforcement of OSH legislation, the examination and testing of pressure vessels, conducting investigations on occupational accidents and dangerous occurrences in factories, construction sites and carrying out research on occupational diseases, providing guidelines on hazardous operations at the workplace.
    • Occupational Health and Safety Act 36 of 2010 (§ 6 and Part V)
  - 3.1.2 Chairperson and composition
    No data available.
- 3.2 National OSH research programme or institute
  Summary/citation: The OHS Act makes provision for the establishment of the Occupational Health and Safety Institute "which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power, subject to this Act, to do all such acts and things as a body corporate may, by law, do or perform".
  • Occupational Health and Safety Act 36 of 2010 (§ 4)
  Related CEACR Comments
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2019
  - 3.2.1 Objectives, roles and/or functions
    Summary/citation: The functions of the Occupational Health and Safety Institute are to:
    - (a) develop and implement programs to provide incentives for employers to implement measures to eliminate or reduce risks to health or safety or to improve occupational hygiene, occupational health and safety;
    - (b) investigate and detect occupational diseases and injuries at workplaces;
    - (c) conduct medical examinations for occupational health and safety purposes catering for all industries including agriculture and construction;
    - (d) provide an occupational laboratory service;
    - (e) promote studies and carry out investigations and research on occupational health and safety;
    - (f) prepare and maintain statistics on employees morbidity and mortality;
    - (g) conduct and encourage awareness educational programmes relating to the promotion of occupational health and safety; and
    - (h) carry out such other functions as are necessary or incidental to the performance of its functions under this Act.
    • Occupational Health and Safety Act 36 of 2010 (§ 6)
  - 3.2.2 Governance board constitution and chairmanship
    Summary/citation: The OHS Act empowers the Minister to appoint the Chairperson and Vice-Chairperson from amongst members of the Occupational Health and Safety Board. The Occupational Health and Safety Board is comprised of the following part-time members appointed by the Minister: “a representative of the Ministry responsible for agriculture; a representative of the Ministry responsible for health; a representative of the Ministry responsible for labour; a representative of the Ministry responsible for livestock; a representative of the Ministry responsible for mines; a representative of the Attorney-General; a representative of the Federation of Employers; a representative of a trade union; the Director, as ex-officio member; and two other persons.”
    • Occupational Health and Safety Act 36 of 2010 (§ 7(1) and (2))
  - 3.2.3 Source of funding
    Summary / Citation: The Occupational Health and Safety Institute (the Institute) is financed through moneys appropriated to the Institute by Parliament for the purpose of the Institute, moneys paid to the Institute by way of grants or donations and moneys that otherwise vest in, or accrue to, the Institute. In addition the Institute may, subject to the approval of the Minister accept moneys by way of grants or donations from any source within or outside Zambia and raise by way of loans or otherwise, such moneys as it may require for the discharge of its functions.
    • Occupational Health and Safety Act 36 of 2010 (Item 7(1) and (2) of First Schedule)
- 3.3 National OSH programme
  No data available.
  Related CEACR Comments
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2019
  - 3.3.1 Consultation on the national OSH programme
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
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: An employer has a duty to “ensure, so far as is reasonably practicable, the health, safety and welfare of the employees of the employer at a workplace; and place and maintain an employee in an occupational environment adapted to the employee’s physical, physiological and psychological ability.”
  • Occupational Health and Safety Act 36 of 2010 (§ 16(1))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
- 4.2 Duty to protect the health and safety of people other than their own employees
  Summary/citation: "An employer shall, so far as is reasonably practicable, conduct the employer’s undertaking in such a way that persons who are not employed by that employer and who may be affected by activities at the employer’s workplace are not exposed to risks to their health or safety".
  • Occupational Health and Safety Act 36 of 2010 (§ 18(1))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
- 4.3 Collaboration among two or more employers at the same workplace
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
- 4.4 Surveillance of workers’ health in relation to work
  Summary / Citation: For example, "every person employed in processes involving exposure to benzene or products containing benzene shall undergo periodical re-examination at intervals not exceeding twelve months which shall include biological and blood tests".
  • Factories (Benzene) Regulations (S. I. 179 of 1978), as amended up to S. I. No. 158 of 1993. (Reg. 14)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 4.4.1 Specific hazards for which surveillance is required
    Yes.
    • Factories (Benzene) Regulations (S. I. 179 of 1978), as amended up to S. I. No. 158 of 1993. (Reg. 14)
- 4.5 Surveillance of the working environment and working practices
  Summary / Citation: This duty can be inferred from the obligation imposed on employers to, "so far is reasonably practicable, maintain a workplace under the employer's control, in a condition that is safe and without any risk to the health and safety of employees at their workplace".
  • Occupational Health and Safety Act 36 of 2010 (§ 16(2)(d))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
- 4.6 Duty to provide personal protective equipment
  Summary / Citation: An employer has an obligation to “provide at the employer’s expense all appropriate protective clothing or equipment to be used in the workplace by employees, who in the course of employment, are likely to be exposed to the risk of bodily injuries, and adequate instructions in the use of such protective clothing or equipment.”
  • Occupational Health and Safety Act 36 of 2010 (§ 16(2)(i))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
- 4.7 Duty to ensure the usage of personal protective equipment
  Summary / Citation: However, "every person supplied with means of personal protection or protective clothing shall use them at all times during working hours."
  • Factories (Benzene) Regulations (S. I. 179 of 1978), as amended up to S. I. No. 158 of 1993. (Reg. 11)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
- 4.8 Duty to provide first-aid and welfare facilities
  Yes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 4.8.1 Arrangements for first-aid
    Summary / Citation: An employer has a duty to "provide measures to deal with emergencies and accidents, including adequate first-aid arrangements."
    • Occupational Health and Safety Act 36 of 2010 (§ 16(2)(h))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 4.8.2 Sanitary installations
    Summary / Citation: The Factories Act (Cap 441) requires that sufficient and suitable sanitary conveniences for the persons employed in the factory and it must be maintained and kept clean. "Sufficient and suitable sanitary conveniences for the persons employed in the factory shall be provided, maintained and kept clean, and effective provision shall be made for lighting the conveniences and, where persons of both sexes are or are intended to be employed, the conveniences shall afford proper separate accommodation for each sex".
    • Factories Act [No. 2 of 1966] (Cap. 441). (§ 23)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 4.8.3 Drinking water
    Summary / Citation: An employer is required to provide and maintain at suitable points conveniently accessible to all persons employed an adequate supply of wholesome drinking water.
    - (1) There shall be provided and maintained at suitable points conveniently accessible to all persons employed an adequate supply of wholesome drinking water.
    - (2) A supply of drinking water which is not laid on shall be contained in suitable vessels, and shall be renewed at least once in each working day, and all practicable steps shall be taken to preserve the water and vessels from contamination; and a drinking water supply, whether laid on or not, shall be clearly marked "DRINKING WATER" in English and in at least one vernacular language commonly used by the employees of the factory.
    
    • Factories Act [No. 2 of 1966] (Cap. 441). (§ 63)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 4.8.4 Rest and eating areas
    Summary / Citation: "Where in any room any poisonous or other injurious substance is so used as to give rise to any dust or fume, no person shall be permitted to partake of food or drink in that room."
    • Factories Act [No. 2 of 1966] (Cap. 441). (§ 70)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices
- 5.1 Elements of an OSH management system
  No data available.
  - 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety
    Summary/citation: (1) The Director may direct —
    (a) any employer in writing; and
    (b) any category of employees, by notice in the Gazette; to prepare a health and safety policy concerning the protection of the health and safety of the employees, including a description of the organisation and arrangements for carrying out reviews to that policy.
    • Occupational Health and Safety Act 36 of 2010 (§ 32(1))
  - 5.1.2 Appointment of a person for health and safety
    No data available.
  - 5.1.3 Written risk assessment
    No data available.
  - 5.1.4 Safe operating work systems and procedures
    Summary/citation: An employer is required to provide plant and systems of work that are, so far as is reasonably practicable, safe and without any risks to human health and maintain them in that condition.
    • Occupational Health and Safety Act 36 of 2010 (§ 16(2)(a))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 5.1.5 Training and information on risks
    Summary/citation: An employer is obliged to provide such information, instruction, training and supervision as is necessary to ensure, so far as is reasonable practicable, the health and safety of the employees at their workplace.
    • Occupational Health and Safety Act 36 of 2010 (§ 16(2)(c))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 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: An employer has a duty to "inform and consult a health and safety representative".
    • Occupational Health and Safety Act 36 of 2010 (§ 16(2)(g))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
- 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: An employee has a duty to “take reasonable care for the employee’s own health and safety and that of other persons who may be affected by the employee’s acts or omissions at the workplace.”
  • Occupational Health and Safety Act 36 of 2010 (§ 17(1)(a))
- 7.2 Duty to take reasonable steps to protect the safety and health of others
  Summary / Citation: An employee has a duty to “take reasonable care for the employee’s own health and safety and that of other persons who may be affected by the employee’s acts or omissions at the workplace.”
  • Occupational Health and Safety Act 36 of 2010 (§ 17(1)(a))
- 7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others
  Summary / Citation: “A person who has the management or control of (a) a workplace or of the means of access to, or exit from, any workplace; or (b) any plant or substance in a workplace; shall take such measures as are reasonable for a person in that position to take so as to ensure, so far as is reasonably practicable, that the workplace, or means of access to, or exit from, that workplace are available for use by persons using the workplace, and any plant or substance in the workplace provided for use in that workplace is safe and does not cause any risk to the health or safety of the persons using them.”
  • Occupational Health and Safety Act 36 of 2010 (§ 19(1))
- 7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others
  Summary / Citation: “A person who has the management or control of (a) a workplace or of the means of access to, or exit from, any workplace; or (b) any plant or substance in a workplace; shall take such measures as are reasonable for a person in that position to take so as to ensure, so far as is reasonably practicable, that the workplace, or means of access to, or exit from, that workplace are available for use by persons using the workplace, and any plant or substance in the workplace provided for use in that workplace is safe and does not cause any risk to the health or safety of the persons using them.”
  • Occupational Health and Safety Act 36 of 2010 (§ 19(1))
- 7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety
  Summary / Citation: “A self-employed person shall conduct that person’s undertaking, so far as is reasonably practicable, in such a way as to ensure that, that person and other persons who are not employed by that person and who may be affected by that person’s activities are not exposed to risks to their health or safety.”
  • Occupational Health and Safety Act 36 of 2010 (§ 18(2))
- 7.6 Duty to comply with OSH-related requirements
  Summary / Citation: An employee has a duty to “cooperate with the employer or any other person in relation to any duty imposed on the employer or that other person, so far as is necessary to enable that duty or requirement to be performed or complied with.”
  • Occupational Health and Safety Act 36 of 2010 (§ 17(1)(c ))
- 7.7 Right to enquire about risks and preventive measures
  Summary / Citation: An employer is required to provide such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety of the employees at their workplace.
  • Occupational Health and Safety Act 36 of 2010 (§ 16(2)(c ))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
- 7.8 Right to remove themselves from a dangerous situation
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
- 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.
  Related CEACR Comments
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2019
  - 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 shall inform and consult a health and safety representative with a view to making and maintaining arrangements to enable the employer and the employees to cooperate effectively in promoting and developing measures to ensure the health and safety of the employees at the workplace, and checking the effectiveness of those measures.
  • Occupational Health and Safety Act 36 of 2010 (§16 (2) (g) (iv))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
- 8.3 Workers’ right to select their representatives for health and safety matters
  Summary / Citation: The OHS Act provides that workers can elect OSH representatives to be members of the health and safety committee. Furthermore, "the representatives of the employees on the health and safety committee shall elect from amongst themselves a health and safety representative who shall coordinate health and safety activities at their workplace." However, other provisions seem to recognize the role of a health and safety representative even when a health and safety committee is not present (i.e. when the employer has less than 10 persons in a workplace. See, e.g., § 16 and 24).
  • Occupational Health and Safety Act 36 of 2010 (§ 14(1))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 8.3.1 Workforce size conditions for workers’ representation in health and safety
    Summary / Citation: An employer of ten or more persons at any workplace shall establish a health and safety committee. It is not explicitly specified whether a health and safety representative might be selected in a undertaking with less than 10 persons. However, this might be inferred by other provisions stating rights and duties of health and safety committee members or health and safety representatives" (see, i.e., § 16 and 24).
  - 8.3.2 Conditions of eligibility to represent workers in health and safety
    Summary / Citation: The Minister may, by statutory instrument, make regulations to provide for the election, functions and powers of health and safety representatives.
    • Occupational Health and Safety Act 36 of 2010 (§13 (2) (b))
- 8.4 OSH representatives’ functions, rights and powers
  Yes.
  • Occupational Health and Safety Act 36 of 2010 (§ 13(2)(b))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 8.4.1 Right to inspect the workplace
    No data available.
  - 8.4.2 Right to access OSH information
    Summary / Citation: An employer has a duty to inform and consult a health and safety representative.
    • Occupational Health and Safety Act 36 of 2010 (§ 16(2)(g))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 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: An employer shall inform and consult a health and safety representative where an authorized officer visits the workplace, and give the health and safety representative an opportunity to meet the authorized officer.
    • Occupational Health and Safety Act 36 of 2010 (§ 16(2)(i))
  - 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.
  - 8.5.1 Right to enter the workplace
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 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.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 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 of ten or more persons at any workplace shall establish a health and safety committee".
  • Occupational Health and Safety Act 36 of 2010 (§ 11)
  - 8.6.1 Participation of workers’ representatives in joint OSH committee
    Summary / Citation: According to the OHS Act, a health and safety committee "shall consist of an equal number of members, not less than two on each side, representing the employer and the employees: Provided that the representatives of the employees shall be chosen by the employees or designated by a trade union; and be chaired by a person elected from amongst the employee representatives or by the employer or the most senior member of management on an alternating basis."
    • Occupational Health and Safety Act 36 of 2010 (§ 12(1))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 8.6.2 Conditions for establishing a joint OSH committee
    Summary / Citation: "An employer of ten or more persons at any workplace shall establish a health and safety committee".
    • Occupational Health and Safety Act 36 of 2010 (§ 11)
  - 8.6.3 Objectives, roles and/or functions of joint OSH committees
    Summary / Citation: “The functions of a health and safety committee are to:
    (a) promote cooperation between the employer and the employees in achieving and maintaining healthy and safe working conditions;
    (b) share information about occupational health, safety and welfare with employees;
    (c) investigate and resolve any matter that may be a risk to the health and safety of employees at a workplace;
    (d) review the measures taken on the health and safety of employees at a workplace; and
    (e) formulate, review and disseminate to the employees the standards, rules and procedures relating to health and safety to be carried out at the workplace.”
    • Occupational Health and Safety Act 36 of 2010 (§ 13(1))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 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 information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety of the employees at their workplace.
  • Occupational Health and Safety Act 36 of 2010 (§16 (c))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
- 8.8 Protection against reprisals
  Summary / Citation: “An employer shall not dismiss an employee, alter the employee’s position or terms of employment or threaten to dismiss the employee or alter the employee’s position or terms of employment to that employee’s detriment because the employee:
  (a) makes a complaint about a workplace matter that the employee considers is not safe or is a risk to health
  (b) is or has been a member of a health and safety committee or is or has been a health and safety representative;
  (c) exercises or has exercised a power as a health and safety representative or a member of a health and safety committee;
  (d) assists or has assisted, or gives or has given any information to an authorized officer, a health and safety representative or committee;
  (e) complies with the directives of an authorized officer; or
  (f) gives evidence before any court.”
  • Occupational Health and Safety Act 36 of 2010 (§ 24(1))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
- 8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
9 Specific hazards or risks
- 9.1 Biological hazards
  Summary / Citation: An employer shall so far as is reasonably practicable, maintain a workplace under the employer’s control, in a condition that is safe and without any risk to the health and safety of employees at their workplace.
  Remarks / comments: This section places an obligation on all employers to ensure that the risks arising out of their workplaces are controlled.
  • Occupational Health and Safety Act 36 of 2010 (§16 (2) (f))
  • The Hazardous Waste Management Regulations (Statutory Instrument No. 125 of 2001)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
- 9.2 Chemical hazards
  Yes.
  - 9.2.1 Handling, storage, labelling and use
    Summary / Citation: No person shall use very dangerous or dangerous pesticides or toxic substances which are set out in Part III of the Third Schedule or open the container and repack such a substance any other container, unless there is adequate provision for:-
    (a) all the persons involved are made aware of the hazardous nature of the pesticide or toxic substance and take all the necessary precautions in the handling of that substance, including the wearing of appropriate protective clothing.
    Remarks / comments: The Regulation clearly spells out obligations in the handling, storage, labelling, use and disposal of chemicals.
    • Statutory Instrument No. 20 of 1994 (Part III §8 (4) (a))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
    • Benzene Convention, 1971 (No. 136) Observation 2015
    • Benzene Convention, 1971 (No. 136) Direct Request 2019
  - 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users
    Summary / Citation: “A person, who designs, manufactures or supplies any plant or substance for use by persons at work shall ensure that the plant or substance is safe and without risks to health if it is used for the purpose for which it was designed, manufactured or supplied.”
    • Occupational Health and Safety Act 36 of 2010 (§ 20(2)(a))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
    • Benzene Convention, 1971 (No. 136) Observation 2015
    • Benzene Convention, 1971 (No. 136) Direct Request 2019
  - 9.2.3 Pesticides
    Summary / Citation: No person shall use very dangerous or dangerous pesticides or toxic substances which are set out in Part III of the Third Schedule or open the container and repack such a substance any other container, unless there is adequate provision for:-
    (a) all the persons involved are made aware of the hazardous nature of the pesticide or toxic substance and take all the necessary precautions in the handling of that substance, including the wearing of appropriate protective clothing.
    • Statutory Instrument No. 20 of 1994 (Part III §8 (4) (a))
- 9.3 Ergonomic hazards
  Summary / Citation: "Where any employed persons have in the course of their employment reasonable opportunities for sitting without detriment to their work, there shall be provided and maintained for their use suitable facilities for sitting sufficient to enable them to take advantage of those opportunities".
  • Factories Act [No. 2 of 1966] (Cap. 441). (§ 66(1))
- 9.4 Physical hazards
  Yes.
  - 9.4.1 Ionising radiation
    Summary / Citation: The provisions of this Act shall apply to ionising radiation relating to practices and sources.
    • Ionising Radiation Protection Act, 2005 [No. 16 of 2005]. (§3 (1))
  - 9.4.2 Vibration and noise
    Yes.
    • The Environmental Protection and Pollution Control Act (Act No. 12 of 1990) (Part VIII)
    Related CEACR Comments
    • Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) Observation 1994
    • Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) Direct Request 2021
  - 9.4.3 Working at height
    Remarks / comments: See, for example, regulation 27(1) of the Electricity (Supply) Regulations (Federal Government Notice 404 of 1961, Government Notice 34 of 1964, Statutory Instrument 157 of 1965)
  - 9.4.4 Working in confined spaces
    Summary / Citation: "The provisions of subsections (2) to (7) shall have effect where work in any factory has to be done inside any chamber, tank, tank-wagon, vat, pit, pipe, flue, or other confined space in which dangerous fumes are liable to be present to such an extent as to involve risk of persons being overcome thereby".
    • Factories Act [No. 2 of 1966] (Cap. 441). (§ 38)
  - 9.4.5 Risks arising from poor maintenance of workplace facilities
    Summary / Citation: An employer shall place and maintain an employee in an occupational environment adapted to the employee’s physical, physiological and psychological ability.
    
    "Besides, every factory shall be kept in a clean state, and free from effluvia arising from any drain, sanitary convenience or nuisance".
    • Occupational Health and Safety Act 36 of 2010 (§ 16(1)(b))
    • Factories Act [No. 2 of 1966] (Cap. 441). (Part V (19) (1))
  - 9.4.6 Exposure to extreme temperatures
    Summary / Citation: "Where in any factory persons are subject to excessive exposure to any poisonous or other injurious or offensive substance or to any heat, cold or wet, suitable protective clothing and appliances shall be provided and maintained for the use of such persons".
    • Factories Act [No. 2 of 1966] (Cap. 441). (§ 71(1))
  - 9.4.7 Fire risks
    Summary / Citation: The Factories Act provides for:
    §40:Prevention and fighting of fire
    §41:Means of escape and warning in case of fire
    §42:Testing and examination of fire warning
    §43:Fire drills
    §44:Regulations for means of escape
    §45:Regulations for fire prevention
    • Factories Act [No. 2 of 1966] (Cap. 441). (§s 40 - 45)
  - 9.4.8 Tobacco
    Yes.
    • Statutory Instrument No. 39 of 2008 (Reg 3(1))
  - 9.4.9 Asbestos
    Summary / Citation: The Hazardous Waste Management Regulations are applicable to asbestos.
    • The Hazardous Waste Management Regulations (Statutory Instrument No. 125 of 2001) (Fourth Schedule)
  - 9.4.10 Risks related to nanotechnology
    No data available.
  - 9.4.11 Contraction of HIV in the workplace
    Summary / Citation: There is a National Policy on HIV/AIDS at the workplace.
    • National HIV/AIDS/STI/TB Policy
- 9.5 Psychosocial hazards
  No data available.
  - 9.5.1 Psychosocial risks
    Summary / Citation: An employer shall place and maintain an employee in an occupational environment adapted to the employee’s physical, physiological and psychological ability.
    • Occupational Health and Safety Act 36 of 2010 (§ 16 (1) (b))
  - 9.5.2 Occupational violence
    Summary / Citation: "An employer shall ensure, so far as is reasonably practicable, the health, safety and welfare of the employees of the employer at a workplace".
    • Occupational Health and Safety Act 36 of 2010 (§ 16(1)(a))
- 9.6 Other hazardous substances
  Summary / Citation: These Regulations apply to the control and monitoring of generation, collection, storage, transportation, pre-treatment, treatment, disposal, export, import and transboundary movement of hazardous waste as listed in Fourth Schedule or any waste specified in Sixth Schedule, if that waste exhibits characteristics found in the Fifth Schedule to these Regulations.
  • The Hazardous Waste Management Regulations (Statutory Instrument No. 125 of 2001) (§ 3(1))
- 9.7 Machineries
  Sometimes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 9.7.1 Risks related to machinery and tools
    Yes.
    • Woodworking Machinery Regulations (S. I. No. 253 of 1967), as amended up to S. I. 94 of 1974.
    • Factories Act [No. 2 of 1966] (Cap. 441). (Part IV)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries
    Summary / Citation: “A person, who designs, manufactures or supplies any plant or substance for use by persons at work shall ensure that the plant or substance is safe and without risks to health if it is used for the purpose for which it was designed, manufactured or supplied.”
    • Occupational Health and Safety Act 36 of 2010 (§ 20(2)(a))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information
    Summary / Citation: A person who designed, manufactured, imported or supplied the article, device, item or substance is required to make available any relevant information or advice relating to its use.
    • Occupational Health and Safety Act 36 of 2010 (§ 20(7))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 9.7.5 Maintenance of machinery and equipment
    Remarks / comments: See, for example, Part IV (Lifting Machinery) of the Factories Act.
    • Factories Act [No. 2 of 1966] (Cap. 441).
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
    - 9.7.5.1 List of equipment where applicable
      Remarks / comments: See, for example, Part IV (Lifting Machinery) of the Factories Act.
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
- 9.8 Provisions to protect workers in specific condition of vulnerability
  Sometimes.
  - 9.8.1 Protection of pregnancy at work
    Summary / Citation: "Any woman medically certified as pregnant and any nursing mother shall not be employed in work processes involving exposure to benzene or products containing benzene."
    • Factories (Benzene) Regulations (S. I. 179 of 1978), as amended up to S. I. No. 158 of 1993. (Reg. 15)
    Related CEACR Comments
    • Benzene Convention, 1971 (No. 136) Observation 2015
    • Benzene Convention, 1971 (No. 136) Direct Request 2019
  - 9.8.2 Protection of lactating women at work
    Summary / Citation: "Any woman medically certified as pregnant and any nursing mother shall not be employed in work processes involving exposure to benzene or products containing benzene."
    • Factories (Benzene) Regulations (S. I. 179 of 1978), as amended up to S. I. No. 158 of 1993. (Reg. 15)
    Related CEACR Comments
    • Benzene Convention, 1971 (No. 136) Observation 2015
    • Benzene Convention, 1971 (No. 136) Direct Request 2019
  - 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts
    No data available.
    Related CEACR Comments
    • Underground Work (Women) Convention, 1935 (No. 45) Observation 1995
    • Underground Work (Women) Convention, 1935 (No. 45) Observation 1995
  - 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age
    Summary / Citation: "Notwithstanding the provisions of the Employment of Young Persons and Children Act, but subject to the provisions of subsection (3), no person shall, except under conditions to be prescribed, employ or cause to be employed, any person under the age of fifteen years, and any person who contravenes the provisions of this subsection shall be guilty of an offence". For light work and hazardous work provisions, please see the Employment of Young Persons and Children Act. Furthermore, “young persons under the age of eighteen years shall not be employed in work processes involving exposure to benzene or products containing benzene except where they are undergoing education or training and are under adequate technical and medical supervision.”
    • Employment of Young Persons and Children (Amendment) Act, 2004 (No. 10 of 2004). (Chapter 274)
    • Factories (Benzene) Regulations (S. I. 179 of 1978), as amended up to S. I. No. 158 of 1993. (Reg. 16)
    • Employment Act (No. 57 of 1965)[as amended] (Chapter 268) (1996 Revised Edition, Volume 15) (§ 12)
    Related CEACR Comments
    • Minimum Age Convention, 1973 (No. 138) Observation 2019
    • Minimum Age Convention, 1973 (No. 138) Direct Request 2018
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
  Yes.
  • Factories Act [No. 2 of 1966] (Cap. 441). (§ 86(1)(d))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 10.1.1 Work-related accidents
    Summary / Citation: The occupier of every factory has a duty to cause to be kept a register in the prescribed form and there shall be entered in or attached to that register the prescribed particulars as to every accident occurring in the factory of which notice is required to send to an inspector.
    • Factories Act [No. 2 of 1966] (Cap. 441). (§ 86(1)(d))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 10.1.2 Near miss incidents
    Summary / Citation: The occupier of every factory has a duty to cause to be kept a register in the prescribed form and there shall be entered in or attached to that register the prescribed particulars as to every case of dangerous occurrence occurring in the factory of which notice is required to send to an inspector.
    • Factories Act [No. 2 of 1966] (Cap. 441). (§ 86(1)(d))
  - 10.1.3 Occupational diseases
    Summary / Citation: The occupier of every factory has a duty to cause to be kept a register in the prescribed form and there shall be entered in or attached to that register the prescribed particulars as to every case of industrial disease occurring in the factory of which notice is required to send to an inspector.
    • Factories Act [No. 2 of 1966] (Cap. 441). (§ 86(1)(d))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
- 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health
  Summary / Citation: Employers have the duty to notify OSH authorities of:
  - accidents
  - dangerous occurrences
  - industrial diseases
  • Factories Act [No. 2 of 1966] (Cap. 441). (§s 76(1), 77 and 78)
  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
11 OSH inspection and enforcement of OSH legislation
- 11.1 Appointment of OSH inspectors
  Summary / Citation: The OHSA makes provision for the designation of authorized officers.
  "The Board may, for the purpose of enforcing this Act, appoint any suitable person as an authorized officer on such terms and conditions as the Board may determine".
  • Occupational Health and Safety Act 36 of 2010 (§ 25(1))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
- 11.2 OSH inspectors’ powers
  Yes.
  • Occupational Health and Safety Act 36 of 2010 (Part V)
  - 11.2.1 Power to enter workplaces
    Summary / Citation: An authorized officer has the power to enter, inspect and search any premises used as a workplace.
    • Occupational Health and Safety Act 36 of 2010 (§ 26(1))
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019
  - 11.2.2 Power to inspect and carry out any examination, test or enquiry
    Summary / Citation: An authorized officer has the power to enter, inspect and search any premises used as a workplace.
    Remarks / comments: Factories (Plant Inspection and Examination Fees) Regulations was made under the Factories Act. Provides for inspection of steam boiler, steam receiver and air receiver as well as fees payable. It revokes the Factories (Plant Inspection and Examination Fees) Regulations 1995.
    • Occupational Health and Safety Act 36 of 2010 (§ 26(1))
    • Factories (Plant Inspection and Examination Fees) Regulations (S. I. No. 61 of 1997).
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019
  - 11.2.3 Power to investigate
    No data available.
  - 11.2.4 Duty to provide advice on OSH
    No data available.
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019
- 11.3 OSH inspectors’ enforcement powers
  Yes.
  - 11.3.1 Power to issue orders or notices
    Summary / Citation: "The Chief Inspector of Factories shall send a written notice to the owner or occupier of the factory requiring such building, part of the building, machine, plant, matter, thing or practice to be vacated, repaired, removed, remedied or stopped, as the case may be, either forthwith or within such time as may be specified in such notice".
    • Factories Act [No. 2 of 1966] (Cap. 441). (§ 103(1)(a))
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019
  - 11.3.2 Power to impose financial penalties
    No data available.
  - 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 2019
  - 11.3.4 Power to require the cessation of dangerous work
    Summary / Citation: "Where an authorized officer has reasonable grounds to believe that any contravention of this act is likely to cause death or bodily harm to an employee or other persons, the authorized officer shall order the closure of the workplace."
    • Occupational Health and Safety Act 36 of 2010 (§ 27(1))
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019
  - 11.3.5 Power to initiate prosecutions
    No data available.
  - 11.3.6 Power to conduct prosecutions
    No data available.
  - 11.3.7 Other enforcement powers
    Summary / Citation: The enforcement powers of the authorized officers are outlined in the OHSA and include entering, inspecting, and examining any premises.
    • Occupational Health and Safety Act 36 of 2010 (Part V)
- 11.4 Application of sanctions by courts
  Yes.
  - 11.4.1 Financial penalties for legal persons
    Summary / Citation: Penalties range from a fine not exceeding one hundred thousand penalty units to a fine not exceeding seven hundred thousand penalty units.
    • Occupational Health and Safety Act 36 of 2010 (See sections 16(3), 17(3), 19(3)34 and 35.)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 11.4.2 Financial penalties for natural persons
    Summary / Citation: Penalties range from a fine not exceeding one hundred thousand penalty units to a fine not exceeding seven hundred thousand penalty units.
    • Occupational Health and Safety Act 36 of 2010 (See sections 16(3), 17(3), 19(3)34 and 35.)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 11.4.3 Non-financial sanctions
    Summary / Citation: A Court has the power to order cause of contravention to be remedied.
    • Factories Act [No. 2 of 1966] (Cap. 441). (§ 99)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 11.4.4 Criminal liability
    Remarks / comments: Prosecution for manslaughter is handled in accordance with the criminal law of the country.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019
  - 11.4.5 Terms of imprisonment for natural persons
    Summary / Citation: Imprisonment range from a period not exceeding one year to a period not exceeding seven years.
    • Occupational Health and Safety Act 36 of 2010 (See sections 16(3), 17(3), 19(3)34 and 35.)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2019

Zambia - 2013

Themes

1 Description of national OSH regulatory framework

1.1 Description of OSH regulatory framework

2 Scope, coverage and exclusions

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

2.2.1 Coverage of particular categories of workers

2.2.1.1 Migrant workers

2.2.1.2 Domestic workers

2.2.1.3 Home workers

2.2.1.4 Self-employed persons

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

2.4.1 Agriculture

2.4.2 Construction

2.4.3 Services

2.4.4 Public sector

2.4.5 Other

2.5 Definition of occupational accident

2.6 Definition of occupational disease

2.6.1 List of occupational diseases

2.6.2 Mechanism for compensating other diseases as occupational ones

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

3.1 Competent national authority for safety and health at work

3.1.1 Objectives, roles and/or functions

3.1.2 Chairperson and composition

3.2 National OSH research programme or institute

3.2.1 Objectives, roles and/or functions

3.2.2 Governance board constitution and chairmanship

3.2.3 Source of funding

3.3 National OSH programme

3.3.1 Consultation on the national OSH programme

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

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

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

4.4.1 Specific hazards for which surveillance is required

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

4.8.1 Arrangements for first-aid

4.8.2 Sanitary installations

4.8.3 Drinking water

4.8.4 Rest and eating areas

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

5.1 Elements of an OSH management system

5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

5.1.2 Appointment of a person for health and safety

5.1.3 Written risk assessment

5.1.4 Safe operating work systems and procedures

5.1.5 Training and information on risks

5.1.6 Review or assessment of the results of preventive measures

5.1.7 Consultation with workers in health and safety

5.2 Obligation to implement a specific OSH management system or standard

6 Employers’ duty to ensure availability of expertise and competence in health and safety

6.1 OSH competence

6.1.1 Requirement to access expert advice and/or support in health and safety

6.1.1.1 Qualifications of experts or professional services

6.2 Appointment of an OSH practitioner

6.2.1 Workforce size threshold for the appointment of OSH practitioners

7 Workers' rights and duties

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

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

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

7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

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

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

8 Consultation, collaboration and co-operation with workers and their representatives

8.1 National OSH committee, commission, council or similar body

8.1.1 Objectives, roles and/or functions

8.1.2 Constitution and chairmanship modalities

8.2 Employers’ duty to consult workers on risks

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