Occupational Health And Safety Act Zambia Pdf

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To protect the workers at the work places, the legislation known as Occupational Health and Safety Act was passed in by our government.

Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. Libraries, institutions and other users registered with reproduction rights organizations may make copies in accordance with the licences issued to them for this purpose. Visit to find the reproduction rights organization in your country. ISBN print ; web pdf International Labour Office ILO Cataloguing in Publication Data The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them.

Health and Safety

Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. Libraries, institutions and other users registered with reproduction rights organizations may make copies in accordance with the licences issued to them for this purpose.

Visit to find the reproduction rights organization in your country. ISBN print ; web pdf International Labour Office ILO Cataloguing in Publication Data The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers.

The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them.

Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. Catalogues or lists of new publications are available free of charge from the above address, or by Visit our web site: Printed in Zambia ii. The opinions expressed herein are those of the author and do not necessarily reflect the views of the European Commission.

Martin D. Kakoma M. Victor Mutambo University of Zambia; Ms. The draft profile was discussed by national stakeholders who approved the final version in March Mr. Mwansa Kawesha proof-read the document and provided assistance with the editorial work. The Capital City is Lusaka. The indigenous population constitutes about 73 different ethnic groups, and English is the official language. The major economic sectors in terms of percentage contribution to GDP by value addition are Industry 58 per cent , Agriculture 21 per cent and Services 21 per cent Although, there is no express provision that has been made in the Constitution of Zambia for the safety and health of workers, Part 3 of the Constitution has laid a foundation by providing for the Protection of the Fundamental Rights and Freedoms of the Individual, and addressing issues of public health and public safety in general terms.

Key pieces of legislation that have been enacted to provide for the safety and health of the working populace include: the Factories Act only applicable to workplaces defined as factories; the Mining Regulations only applicable to the mining industry; the Occupational Health and Safety Act applicable to all sectors of the economy; the Ionizing Radiation Act provides for the protection of the public and workers from dangers arising from the use of devices or materials capable of producing ionizing radiation; the Workers Compensation Act provides for the establishment and administration of a Fund for the compensation of workers who are disabled by accidents, or diseases contracted by such workers, in the course of their employment.

Zambia does not have a national policy on Occupational Safety and Health. Under item of the NELMP, entitled Occupational Health and Safety it is stated that government s objective with regards to occupational safety and health is to improve the safety and health of all employees at workplaces. The Occupational Health and Safety OSH Board is the main national body set up for purpose of coordinating and collaborating occupational safety and health issues in Zambia.

This is a legal body whose formation is provided for under the Occupational Health and Safety Act, No. The Tripartite Consultative Labour Council, established under the Industrial and Labour Relations Act of , generally serves as a forum for dialogue on broader social and economic development issues that affect the labour market, including occupational safety and health. Other means of dialogue on OSH issues include collective bargaining, dispute settlement processes and enterprise-based safety and health committees.

However, lots of guidelines have been published by the OSH authorities on machinery safety, chemical safety, construction safety, fire safety, noise, dust, first-aid etc. The role of the first three institutions is regulatory in nature while that of the Occupational Health and Safety Institute is to provide comprehensive, specialized occupational health care. In addition to providing occupational health care, the Occupational Health and Safety Institute also provides laboratory services and serves as a research institution on OSH.

The Workers Compensation Fund Control Board is the main public social security institution responsible for compensation of workers with regards to disablement caused by occupational accidents or diseases, or death arising from such accidents or diseases.

The Environmental Health degree programme offered under the University of Zambia s School of Medicine contains some modules on occupational safety and health. The Centre is currently operating far below its optimum capacity.

The main institutions responsible for the collection and compilation of data on occupational accidents and diseases are the Occupational Safety and Health Services Department, the Mines Safety Department and the Workers Compensation Fund Control Board.

With regards to the first two institutions, there is gross underreporting of accidents by workplaces that fall under their respective jurisdictions. Reporting of accidents to Workers Compensation Fund Control Board, on the other hand, is far much better.

Apart from the regular activities carried out by the OSH authorities in order to enforce the provisions of OSH legislation, one of the notable activities which are currently on-going is the implementation by the International Labour Organization s European Union funded project on Improving Safety and Health at Work through a Decent Work Agenda.

However, under Part 3 of the Constitution which addresses the Protection of the Fundamental Rights and Freedoms of the Individual, issues of public health and public safety have been alluded to in general terms.

Further, Article 14 provides for the protection of individuals from forced labour. The only provision in the Constitution that is closely related to occupational safety and health is clause 1 of Article 24 which states that A young person shall not be employed and shall in no case be caused or permitted to engage in any occupation or employment which would prejudice his health or education or interfere with his physical, mental or moral development.

The Act specifically provides for: supervision of safety and health in factories; inspection of factories and certain plant and machinery by inspectors from the Occupational Safety and Health Services Department; and reporting and investigation of occupational accidents and diseases.

Further, there are regulations under the Act that cover safety and health in the construction sector, electrical installations and woodworking machinery among others.

Employers and employees are assigned various duties in various sections of the Act. The Act s scope includes factories belonging to or in occupation of the Republic and building operations and works of engineering construction undertaken by or on behalf of the Republic. Because of the Act s limited interpretation of a factory, a number of sectors such as the agricultural and service sectors are either partially covered or not covered at all.

The Factories Electricity Regulations The Woodworking Machinery Regulations The Factories Benzene Regulations These regulations provide for the regulation of safety and health in the generation, transformation, distribution and use of electrical energy in any undertaking.

These regulations apply to the safe use of woodworking machines in any undertaking. These regulations provide for safety and health in the use of benzene. These regulations provide for the regulation of the contents of first-aid boxes or cases. Source: Author s compilation based on the Factories Act Several other minor regulations dealing with various issues including prescribed forms, particulars and other documentation exist under the Factories Act The Mining Regulations These regulations provide for the supervision of safety and health in mines, inspection of mines by inspectors from Mines Safety Department MSD , reporting and investigation of occupational accidents, and the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences.

The application of the Mines and Minerals Act is specific to the mining sector, including quarrying. In this Act, duties of employers, employees and other persons with a part in occupational safety and health have been spelt out in parts III and IV of the Act see Boxes 1.

Box 1. It also regulates the possession, sell, disposal, importation and exportation of radioactive materials. Furthermore, it regulates the installation, servicing and maintenance of radioactive devices and radiation premises.

It also provides for the payment of compensation to dependants of workers who die as a result of such accidents or diseases, and for the grant of pensions and allowances to certain dependants of workers who being in receipt of pensions for such disablement die from causes not connected with such accidents or diseases.

The Act further provides for the payment of contributions to such a Fund by employers. Regulations established under the Act include among other things, a schedule of occupational diseases and employers register of accidents to workers. For the administration of the Act, provision has been made for appointment of Inspectors of Explosives who ought to be public officers. Various parts of the Explosives Regulations, formulated under this Act, deal with various aspects of safety.

Part 16 in particular deals entirely with the health, safety and welfare of persons employed in explosives factories. This part regulates, among other things, welding operations, provision of sanitary conveniences, provision of change house accommodation and personal protective equipment and clothing. The Explosives Act s application does not include the Zambia Defence and Security Forces The Public Health Act, Chapter This Act provides for the prevention and suppression of diseases and generally regulates all matters connected with public health in Zambia.

Some of the issues dealt with in the Act include the provision of sanitary conveniences in various workplaces. Further, some of the regulations under this Act deal with the control of habitation in factories, workshops and trade premises and their application extends to most of the Local Authorities in the country.

Regulations dealing with the handling of meat products prescribe periodic medical examinations for those who work in this sector. To enforce its provisions, the Act has provided for the appointment of Health Inspectors in the employment of the Government or any Local Authority. Among the key issues addressed in this Act are those to do with air pollution, waste management, pesticides and toxic substances, noise and ionizing radiation.

Apart from being addressed in the main text of the Act, some of these issues have also been addressed in regulations specific to them. Some of the regulations, such as the ones on pesticides and toxic substances, address safety and health matters including use of personal protective equipment and clothing in some detail.

To administer its provisions, the Act has provided for the establishment of an inspectorate and the appointment of inspectors to man the inspectorate The Employment Act, Chapter This Act relates to the employment of persons and makes provision for the engagement of persons on contracts of service and also provides for the form of and enforcement of contracts of service.

The Act further provides for the protection of wages of employees and the regulation of employment agencies. Persons employed in the Defence and Security Forces other than locally engaged civilian employees are exempted from the coverage of this Act The Industrial and Labour Relations Act, Chapter This Act provides for the formation of workers and employers representative organizations and the constitution of the Tripartite Consultative Labour Council TCLC.

The TCLC provides a national forum for employers, workers and government to discuss and resolve labour issues, including occupational safety and health, which may be affecting the labour market. The Act also provides for the formulation of recognition and collective agreements, settlement of disputes, strikes and lockouts.

In the collective agreements, employers and workers reach consensus on various issues including those to do with occupational safety and health, such as provision of personal protective equipment and clothing. Although it has not ratified the key ILO Conventions on occupational safety and health apart from the Safety and Health in Mines Convention , seven of the 39 Conventions it has ratified are related to occupational safety and health. The OSH and OSH-related Conventions that have been ratified include: C Workmen s Compensation Agriculture Convention, This Convention covers agricultural wage-earners and it provides for the compensation of workers, in this sector, for personal injury by accident arising out of or in the course of their employment.

The national legislation which has domesticated the provisions of this Act is the Workers Compensation Act, No. The Convention guarantees this equality of treatment to foreign workers and their dependants without any condition as to residence. This Convention has been domesticated by way of adoption as a Schedule under the Mines and Minerals Act, Chapter of the Laws of Zambia C Benzene Convention, The purpose of the Benzene Convention is to protect workers against hazards arising from benzene.

It applies to all activities involving exposure of workers to benzene and products the benzene content of which exceeds 1 per cent by volume.

This Convention has been given effect by means of the Benzene Regulations that were formulated under the Factories Act C Working Environment Air Pollution, Noise and Vibration Convention, The Working Environment Convention requires national laws or regulations to prescribe measures to be taken for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration.

The Mines and Minerals Environmental Regulations have given adequate effect to the Convention with regards to the prevention and control of air pollution, noise and vibration in the mining sector. The Factories Act, on the other hand has not given adequate effect to the Convention. Consequently, the sectors covered by the Factories Act do not have adequate, up-to-date legislation dealing with issues of air pol- 7.

Draft regulations have already been agreed upon with stakeholders, and what remains is to get Cabinet approval before they can be assented to by the Minister C Safety and Health in Mines Convention, This Convention stipulates that Members shall formulate, carry out and periodically review a coherent policy on safety and health in mines, particularly with regard to the measures to give effect to the provisions of the Convention.

The contents of this Convention have been domesticated in regulations that fall under the Mines and Minerals Act, particularly the Mining Regulations and the Mines and Minerals Environmental Regulations. Other aspects of the Convention have also been domesticated under the Explosives Act, Chapter of the Laws of Zambia. The Ministry of Labour and Social Security, through its Department of Occupational Safety and Health Services, has been making efforts to bring stakeholders together in order to develop a national policy specifically addressing the subject of occupational safety and health.

Funding proposals for this exercise were made and government subsequently allocated funds for this exercise in the budget. The Ministry of Mines, Energy and Water Development, through its Mines Safety Department has also been considering the development of a policy addressing occupational safety and health. This process has however stalled due to other pressing demands on the Ministry.

Considering that there is in existence various institutions dealing with occupational safety and health matters, there is need to have a policy in place in order to harmonise operations and avoid unnecessary overlaps and duplication of efforts. Under item entitled Occupational Health and Safety, Government recognizes that the majority of workers in Zambia have continued to face numerous occupational safety and health risks.

The policy goes on to identify the mining, manufacturing, construction, electricity, forestry and agricultural sectors as being associated with more occupational safety and health risks. Significantly, the policy alludes to the exposure of workers in the informal economy to unsafe and unhygienic conditions coupled with lack of legislative coverage for this sector.

Towards the end of item 7. In concluding this part, the policy spells out three strategies to be pursued in realizing the objective of improving safety and health at work. The strategies constitute: Building capacity in occupational safety and health inspectorates; Reviewing occupational safety and health legislation to ensure relevancy to current situation; and Carrying out educational campaigns on occupational safety and health among stakeholders.

Section 7 of the Occupational Health and Safety Act has provided for the constitution of an Occupational Health and Safety Board which shall comprise the following part-time members appointed by the Minister of Health : a A representative of the Ministry responsible for agriculture; b A representative of the Ministry responsible for health; c A representative of the Ministry responsible for labour; d A representative of the Ministry responsible for livestock; e A representative of the Ministry responsible for mines; f A representative of the Attorney-General; g A representative of the Federation of Employers; h A representative of a trade union; i The Director of the Occupational Health and Safety Institute , as ex-officio member; and j Two other persons.

The proceedings further empower the Board to establish such committees as it considers necessary and delegate to any of those committees such of its functions as it considers fit. Furthermore, the proceedings state that the Board may appoint

The Occupational Health and Safety Act: FAQs

As Zambia seeks to improve the well-being of its people through development, there are however hazards that come about and affect the health of workers, the community and the general environment. The programmes and activities of the department are consequently focused on prevention of occupational diseases and accidents in the world of work. Vision To attain a working environment that is free from occupational accidents and diseases among workers in Zambia. To promote and facilitate the development of an efficient and effective labour market system with a view to enhancing productivity in the country. The Department administers and enforces the Factories Act, Chapter of the laws of Zambia which is aimed at protecting workers, factories, the communities and the environment from occupational hazards.


ENACTED by the Parliament of Zambia. Volume: Acts of Parliament (Post ). Document: PDF icon The Occupational Health and Safety Act - pdf.


ZAMBIA COUNTRY PROFILE ON OCCUPATIONAL SAFETY AND HEALTH 2012

This article addresses three key issues. First, the commonalities, differences, strengths, and limitations of existing occupational safety and health OSH legislation of low- and middle-income countries were determined. Second, required revisions were identified and discussed to strengthen the laws in accordance with the best international practice. Finally, proposals for additional OSH laws and interventions were suggested.

The Factories Act requires the employer to provide clean working environment, adequate ventilation, first aid, lighting, sanitary facilities and fire extinguisher. The Factories Act also requires the employer to prevent overcrowding in the workplace. Factories Act contains provisions on Health, Safety and Welfare.

The Occupational Health and Safety Act: FAQs

This article addresses three key issues. First, the commonalities, differences, strengths, and limitations of existing occupational safety and health OSH legislation of low- and middle-income countries were determined. Second, required revisions were identified and discussed to strengthen the laws in accordance with the best international practice. Finally, proposals for additional OSH laws and interventions were suggested.

F All welders were males with a mean age of Crops grown by sub-. The textile crafts indisputably contribute to socio-economic and cultural development of Burkina Faso, mainly with the loincloth hand weaving. Data on occupational safety and health in Southern Africa are scant. Gyi A modified British Medical Research Council respiratory questionnaire was used for recording chronic respiratory symptoms. Information was sought on their socio-demographic characteristics, their awareness of occupational hazards and adherence to safety measures.

Skip to content Ontario. The main purpose of the Act is to protect workers from health and safety hazards on the job. It sets out duties for all workplace parties and rights for workers. It establishes procedures for dealing with workplace hazards and provides for enforcement of the law where compliance has not been achieved voluntarily. More about the OHSA.


ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Occupational Health and. Safety Act, , and shall come into.


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