Summary/citation: Occupational safety and health in Zimbabwe is regulated generally by the Factories and Works Act (20 of 1948), the Labour Act (16 of 1985), the National Social Security Authority (Accident Prevention and Workers Compensation Scheme) Notice No. 68 of 1990 and the Labour Relations (HIV and AIDS) regulations S.I.202 of 1998.
The Factories and Works Act provides (amongst others) for the regulation of conditions of work in factories, supervision of the use of machinery, precautions against accident to persons employed on structural work. The Labour Act defines the fundamental rights of employees and regulates conditions of employment (including issues relating to occupational safety and health). The National Social Security Authority (Accident Prevention and Workers Compensation Scheme) Notice provides comprehensive regulations for the prevention of occupational injuries and diseases; and the compensation of employment-related injuries and diseases. The Labour Relations (HIV and AIDS) regulations provide for the treatment of employees with HIV/AIDS.
In addition to these, industry-specific legislation regulates occupational safety and health in particular industries. These include the Hazardous Substances and Articles Act (78 of 1971) and the Pneumoconiosis Act (13 of 1971).
• Occupational safety and health country profile: Zimbabwe
• Legislation of the Republic of Zimbabwe.
• Zimbabwean National Social Security Authority
• Acts of the Parliament of the Republic of Zimbabwe.
• Labour Relations (HIV and AIDS) Regulations (S.I. 202 of 1998).
• National Social Security Authority (Accident Prevention and Workers' Compensation Scheme) Notice, 1990 (S.I. 68 of 1990)
• Labour Act [Chapter 28:01] (Acts 16/1985).
• Hazardous Substances Act [Chapter 322].
• Pneumonoconiosis Act, No. 13 of 1971 (Chapter 327)
• Factories and Works Act
Related CEACR Comments• Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020• Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020• Occupational Health Services Convention, 1985 (No. 161) Observation 2020• Occupational Health Services Convention, 1985 (No. 161) Direct Request 2020
Summary/citation: "Worker" is defined as: (a) any person who has entered into, or works under, a contract of employment or of apprenticeship or of learnership with an employer, whether the contract is expressed or implied, is oral or in writing, and whether the remuneration is calculated by time or by work done, or is in cash or in kind; (b) any person undergoing rehabilitative treatment or training; and (c) any person whose occupation is conveying for gain persons or goods by means of any vehicle, vessel or aircraft, the use of which he has obtained under any contract other than a purchase or hire-purchase agreement, whether or not the remuneration of such person under such contract consists of an agreed sum or a share in takings. Further exceptions are listed in Section 4.
• National Social Security Authority (Accident Prevention and Workers' Compensation Scheme) Notice, 1990 (S.I. 68 of 1990) (S 4 )
• Labour Act [Chapter 28:01] (Acts 16/1985). (S 2 )
Related CEACR Comments• Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020• Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
Summary/citation: Self-employed persons are not included within the definition of worker.
Summary/citation: "Employer" means any person or any body of persons, corporate or unincorporated, having a contract of employment or apprenticeship or learnership with a workers or who employs a worker, and includes any person controlling the business of an employer. If the services of a worker are temporarily lent or let on hire to another person by an employer of such worker, such employer shall be deemed to continue to be the employer of such worker while he is working for that other person.
• National Social Security Authority (Accident Prevention and Workers' Compensation Scheme) Notice, 1990 (S.I. 68 of 1990) (S 4)
• Labour Act [Chapter 28:01] (Acts 16/1985). (S 2)
Summary/citation: Agriculture is not excluded from the scope of OSH legislation.
• Labour Act [Chapter 28:01] (Acts 16/1985). (S 3)
Summary/citation: Construction is not excluded from the scope of OSH legislation.
Summary/citation: Services are not excluded from the scope of OSH legislation.
• National Social Security Authority (Accident Prevention and Workers' Compensation Scheme) Notice, 1990 (S.I. 68 of 1990) (S 3)
Summary/citation: Yes, the public sector is exluded from the scope of OSH legislation.
• Hazardous Substances Act [Chapter 322]. (S 3)
Summary/citation: This law shall not apply to or in respect of:a) Members of a disciplined force of the Stateb) Members of any disciplined force of the State who are in Zimbabwe [...]c) Or such others employees of the State as the President may designate by statutory instrument.
• Mining (Management and Safety) (Amendment) Regulations, 1996 (No. 5) (S.I. No. 168 of 1996).
Related CEACR Comments• Safety and Health in Mines Convention, 1995 (No. 176) Observation 2020• Safety and Health in Mines Convention, 1995 (No. 176) Direct Request 2020
• National Social Security Authority (Accident Prevention and Workers' Compensation Scheme) Notice, 1990 (S.I. 68 of 1990) (Second Schedule)
• National Social Security Authority (Accident Prevention and Workers' Compensation Scheme) Notice, 1990 (S.I. 68 of 1990) (S 63)
Summary/citation: The Ministry of Public Service, Labour and Welfare is the national authority for safety and health at work.
Summary/citation: OSH legislations provides a duty on employers to ensure safety and health of workers.
• National Social Security Authority (Accident Prevention and Workers' Compensation Scheme) Notice, 1990 (S.I. 68 of 1990) (Third Schedule)
Summary / Citation: "An employer shall ensure that such health and safety measures and procedures as may be prescribed for his class of business are carried out in the workplace".
• National Social Security Authority (Accident Prevention and Workers' Compensation Scheme) Notice, 1990 (S.I. 68 of 1990) (Item 1 of Third Schedule)
• Hazardous Substances and Articles (Protective Clothing: General) Regulations 1984. S.I. No. 263 of 1984.
• National Social Security Authority (Accident Prevention and Workers' Compensation Scheme) Notice, 1990 (S.I. 68 of 1990) (S 56)
Remarks / comments: However, "the Minister is empowered to make regulations as to [...] the measures to be taken to secure cleanliness, safety and preservation of health, including sanitation, ventilation and lighting, in or about factories and on or about premises where structural work or excavation work is performed, and the duties of occupiers of factories, builders, employers and employees and building employees in connection therewith."
Remarks / comments: However, "the Minister is empowered to make regulations as to [...] the character, site, structure, lighting, ventilation, cleansing, drainage and water supply of any factory [...]".
Remarks / comments: However, "The Minister is empowered to make regulations as to [...] the accommodation facilities and conveniences to be provided in factories by occupiers for employees while they are working, resting or eating therein [...]."
Summary/citation: "An employer shall ensure that he prepares and regularly updates a written policy that addresses the health and safety problems at the workplace and develops and maintains a programme for the implementation of that policy".
• National Social Security Authority (Accident Prevention and Workers' Compensation Scheme) Notice, 1990 (S.I. 68 of 1990) (Item 1 of the Third Schedule)
Summary/citation: "An employer shall ensure that a supervisor or health and safety representative who shall take all necessary measures to ensure the health or safety of the workers is appointed".
Summary/citation: "An employer shall ensure that such health and safety measures and procedures as may be prescribed for his class of business are carried out in the workplace".
Summary/citation: OSH legislation states that "an employer shall ensure that occupational health and safety training programmes at the workplace are carried out or that workers be released to attend such training programmes during work times" and that "information, instruction and supervision to a worker to protect the health or safety of the worker is provided”.
Summary/citation: OSH legislation states that "an employer shall ensure that the establishment of a safety committee is effected and the necessary assistance and cooperation afforded to the committee in carrying out its functions".
Related CEACR Comments• Occupational Health Services Convention, 1985 (No. 161) Observation 2020• Occupational Health Services Convention, 1985 (No. 161) Direct Request 2020
• National Social Security Authority (Accident Prevention and Workers' Compensation Scheme) Notice, 1990 (S.I. 68 of 1990) (Item 5 of Third Schedule)
Summary / Citation: OSH legislation states that "an employer shall ensure that the establishment of a safety committee is effected and the necessary assistance and cooperation afforded to the committee in carrying out its functions".
Summary / Citation: "Subject to this Act and any regulations employees employed by any one employer may appoint or elect a workers committee to represent their interests".
• Labour Act [Chapter 28:01] (Acts 16/1985). (S 23)
Summary / Citation:
• Hazardous Substances and Articles (Supply, Registration, Disposal and Operation of Ionizing Radiation Apparatus) Regulations, 1987 (S.I. 81 of 1987).
• Hazardous Substances and Articles (Transportation by and Labelling of Road Tankers) Regulations, 2000 (S.I. 262 of 1984).
• Hazardous Substances and Articles (Group III: Household Products) Regulations, 1981 (S.I. 316 of 1981).
• Hazardous Substances and Articles (Group II: General) Regulations, 1981 (S.I. 313 of 1981).
• Hazardous Substances and Articles (Group III: General) Regulations, 1981 (S.I. 315 of 1981).
Related CEACR Comments• Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020• Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020• Chemicals Convention, 1990 (No. 170) Observation 2020• Chemicals Convention, 1990 (No. 170) Direct Request 2005
• National Social Security Authority (Accident Prevention and Workers' Compensation Scheme) Notice, 1990 (S.I. 68 of 1990) (Item 2 of Third Schedule)
• Hazardous Substances and Articles (Group III: Pesticides) Regulations, 1981 (S.I. 318 of 1981).
Summary / Citation: Legislation makes provision for possession, storage, use and importation of radio-active substances; issue of licenses, alteration and cancellation of licences; duties of licence holders; as well as offences and penalties.
Summary / Citation: The minister is empowered to make regulations as to … the control of noise in or emanating from a factory or during any structural work.
• Factories and Works (General) Regulations, 1976 (R.G.N. No. 263 of 1976).
• Factories and Works Act (S 34)
• Factories and Works Act (S 17)
Remarks / comments: The Minister is empowered to make regulations as to … the measures to be taken to secure cleanliness, safety and preservation of health, including sanitation, ventilation and lighting, in or about factories and on or about premises where structural work or excavation work is performed, and the duties of occupiers of factories, builders, employers and employees and building employees in connection therewith.
Remarks / comments: The Minister is empowered to make regulations as to … the steps to be taken by the owners of buildings used or intended for use as factories or by occupiers of factories in connection with the structure of such buildings or otherwise in order to prevent or extinguish fires, and to ensure the safety, in the event of fire, of persons in such buildings.
Summary / Citation: Legislation prohibits smoking in enclosed public places, including workplaces.
• Protection from Smoking (Public Health) (Control of Tobacco) Regulations S.I.264 of 2002
Related CEACR Comments• Asbestos Convention, 1986 (No. 162) Observation 2020• Asbestos Convention, 1986 (No. 162) Direct Request 2020
Summary / Citation: Legislation regulates the eduction of employees on HIV/AIDS, medical testing, job status and training, and their eligibility for benefits and leave.
Summary / Citation: Legislation exixts to regulate the control and administration of persons employed in dusty occupations.
• Explosives Regulations, 1989 (S.I. 72 of 1989).
• Factories and Works (Electrical) Regulations, 1976 (R.G.N. No. 304 of 1976).
• Explosives Act, 1961 (Chapter 10), 1996 revision.
• Factories and Works (Pressure-vessels) Regulations, 1976 (R.G.N. No. 303 of 1976).
• Factories and Works (Elevator and Escalator) Regulations 1976 (G.N. No. 278 of 1976).
• Factories and Works (Building, Structural and Excavation Work) Regulations, 1976 (R.G.N. No. 264 of 1976).
• Factories and Works (Boiler) Regulations, 1976 (R.G.N. No. 279 of 1976).
• Factories and Works (Machinery) Regulations, 1976 (R.G.N. No. 302 of 1976).
• Factories and Works Act (Part IV)
Remarks / comments: Legislation empowers the Minister to make regulations providing for the development, improvement, protection, regulation and control of employment and conditions of employment. Some of the issues that can be regulated are the restriction on the employment of juveniles and pregnant women in specified types and categories of employment or at specified hours, and the rights and privileges of mothers with suckling infants.
• Labour Act [Chapter 28:01] (Acts 16/1985). (S 17(3))
Summary / Citation: "A female employee who is the mother of a suckling child shall, during each working day, be granted at her request at least one hour or two half-hour periods, as she may choose during normal working hours, for the purpose of nursing her child, and such employee may combine the portion or portions of time to which she is so entitled with any other normal breaks so as to constitute longer periods that she may find necessary or convenient for the purpose of nursing her child."
• Labour Act [Chapter 28:01] (Acts 16/1985). (S 18(4))
Remarks / comments: "Legislation empowers the Minister to make regulations providing for the development, improvement, protection, regulation and control of employment and conditions of employment. Some of the issues that can be regulated are the restriction on the employment of juveniles and pregnant women in specified types and categories of employment or at specified hours, and the rights and privileges of mothers with suckling infants."
Related CEACR Comments• Underground Work (Women) Convention, 1935 (No. 45) Observation 1996• Underground Work (Women) Convention, 1935 (No. 45) Direct Request 2004
Summary / Citation: "No employer shall cause any person under the age of eighteen years to perform any work which is likely to jeopardise that person’s health, safety or morals, which work shall include but not be limited to work involving such activities as may be prescribed."
• Labour Act [Chapter 28:01] (Acts 16/1985). (S 11(4))
Related CEACR Comments• Minimum Age Convention, 1973 (No. 138) Observation 2020• Minimum Age Convention, 1973 (No. 138) Direct Request 2016
• National Social Security Authority (Accident Prevention and Workers' Compensation Scheme) Notice, 1990 (S.I. 68 of 1990) (S 48)
• National Social Security Authority (Accident Prevention and Workers' Compensation Scheme) Notice, 1990 (S.I. 68 of 1990) (S 48 read with the definition of injury in S 3)
Summary / Citation: Employers have a duty to report occupational injuries and diseases to the general manager of the National Social Security Authority.
Related CEACR Comments• Labour Inspection Convention, 1947 (No. 81) Observation 2020• Labour Inspection Convention, 1947 (No. 81) Direct Request 2020• Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020• Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
Summary / Citation: The Factories and Works Act requires the appointment of a person to be the Chief Inspector of Factories; and a person to be an inspector.
• Factories and Works Act (S 4)
Summary / Citation: The Factories and Works Act empowers inspectors, for the purposes of ascertaining whether the provisions of the Act are being complied with, to enter any factory or any premises where structural work is being performed or a lift or elevator is installed and make such examination and inquiry as deemed necessary.
• Factories and Works Act (S 5(1))
Related CEACR Comments• Labour Inspection Convention, 1947 (No. 81) Observation 2020• Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
Summary / Citation: The Factories and Works Act empowers inspectors, for the purposes of ascertaining whether the provisions of the Act are being complied with, to enter any factory or any premises where structural work is being performed or a lift or elevator is installed and make such examination and inquiry as deemed necessary.The Factories and Works Act grants inspectors powers to inspect workplaces and gather evidence.
Summary / Citation: The Factories and Works Act empowers inspectors, for the purposes of ascertaining whether the provisions of the Act are being complied with, to enter any factory or any premises where structural work is being performed or a lift or elevator is installed and make such examination and inquiry as deemeed necessary.The Factories and Works Act grants inspectors powers to inspect workplaces and gather evidence.
Summary / Citation: Inspectors are empowered to issue notices to a local authority where they find any act or default in relation to any drain, sanitary convenience, water supply, lighting, ventilation, nuissance or other matter in a factory which is liable to be dealt with by the local authority.
• Factories and Works Act (S 6)
Summary / Citation: Where an inspector issues a notice to a local authority but the authority fails to carry out the order, he/she can take the necessary action in remedying the defect and claim the expenses incurred from the authority.
Summary / Citation: “Any person who contravenes any provision of this Act or any order, notice or requirement under this Act shall be guilty of an offence and, if no special penalty is prescribed therefor, shall be liable (a) on a first conviction, to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment; [amended by Act 22of 2001, with effect from the 10th September, 2002.] (b) on a second or subsequent conviction, to a fine not exceeding level nine or to imprisonment for a period not exceeding four years or to both such fine and such imprisonment. [amended by Act 22of 2001, with effect from the 10th September, 2002.]”
• Factories and Works Act (S 33)
• Criminal Procedure and Evidence (Designation of Peace Officers) (Amendment) Notice, 1995 (No. 2) (S.I. 344 of 1995).
