In Uganda, health and safety in the workplace are given high priority, backed by a comprehensive legal framework.

Core Legislation

The primary legislation in this area is the Occupational Safety and Health Act, 2006, which serves as the cornerstone legislation. It outlines the duties of both employers and employees, as well as hazard prevention. Another key piece of legislation is the Workers' Compensation Act, 2000, which governs compensation for work-related injuries and diseases.

Supportive Legislation

In addition to the core legislation, there are several supportive laws that address various aspects of workplace health and safety. These include the National Environment Act, Cap 153, which addresses environmental hazards that could potentially impact workplaces, and the Public Health Act, Cap 281, which contains provisions related to sanitation, hygiene, and infectious disease control in workplaces. The Employment Act, 2006, also includes sections pertaining to working conditions and employee well-being.

Key Principles of Ugandan Health and Safety Laws

The key principles of Ugandan health and safety laws include general duties for employers, such as providing a safe and healthy workplace, safe systems of work, adequate machinery and equipment, suitable Personal Protective Equipment (PPE), and information, instruction, training, and supervision. There are also emergency planning and procedures in place.

Employees, on the other hand, have duties such as taking reasonable care of their own safety and that of others, cooperating with employers in safety matters, and using PPE correctly. They also have the right to refuse work they believe poses an imminent danger.

Industry-Specific Regulations

Uganda also has additional regulations tailored to specific industries with elevated risks. Examples of these include the Factories Act (currently under revision), Mining Regulations, and Petroleum-related regulations.

Occupational health and safety (OSH) is a crucial aspect of any workplace. In Uganda, the foundational piece of OSH legislation is the Occupational Safety and Health Act, No. 9 (2006). This act establishes the rights and duties of employers and workers, promotes safe and healthy work environments, and sets the baseline for OSH standards. Further regulations and guidelines that refine and detail specific standards are provided under the subsidiary legislation of the OSH Act. The Ministry of Gender, Labour, and Social Development (MGLSD) supervises and enforces the OSH Act and its subsidiary legislation.

Duties of Employers

Employers in Uganda have a legal duty to ensure the health, safety, and welfare of their employees as far as is reasonably practicable. This includes:

• Provision of safe workplaces and machinery: Employers must maintain safe equipment, workspaces, and work systems.
• Safe handling and use of substances: Measures must be in place to handle, store, and use chemicals, biological agents, and other hazardous substances in a safe manner.
• Information, instruction, training, and supervision: Employees need clear information on hazards, safety protocols, and how to perform their work safely. Employers must provide adequate training and supervision.
• Consultation and participation of workers: Employees and their representatives have the right to be consulted about and participate in OSH matters affecting them.

Duties of Employees

Employees also have responsibilities under the OSH Act:

• Taking reasonable care for their own safety and that of others: Employees must follow safety rules and instructions to avoid endangering themselves or their colleagues.
• Cooperating with employers on OSH matters: Employees must cooperate with employers in fulfilling OSH duties and participate in health and safety programs.
• Reporting hazards and accidents: Employees should promptly report potential hazards, accidents, injuries, or OSH concerns to their employers.

Specific OSH Standards

Uganda's OSH regulations cover a wide array of workplace hazards, including physical hazards, chemical hazards, biological hazards, ergonomic hazards, psychosocial hazards, construction safety, fire safety and emergency preparedness, and first aid and medical facilities.

Enforcement and Compliance

OSH inspectors can carry out unannounced inspections to assess compliance with the OSH Act and regulations. Enforcement actions can range from improvement notices to fines to even closure notices for severe violations.

Workplace inspections play a pivotal role in maintaining a safe and healthy work environment. They serve to identify potential hazards, verify compliance with safety standards, raise awareness about safety rights and responsibilities, and deter safety violations.

Criteria for Inspection

During inspections, a variety of factors are assessed. These include compliance with safety regulations, adequacy of risk assessments, implementation of control measures, workplace maintenance and housekeeping, provision and use of Personal Protective Equipment (PPE), emergency preparedness, and employee training and awareness.

Frequency of Inspections

The frequency of inspections depends on the level of risk associated with the workplace, the history of compliance or accidents, and the availability of resources for conducting inspections.

Inspection Procedures

The inspection process typically involves a notice of inspection, an opening meeting, a walkthrough inspection, consultation with employees, record review, and a closing meeting. While inspectors may conduct unannounced inspections, they often provide some advance notice to employers.

Follow-up Actions

Following an inspection, several actions may be taken depending on the findings. These can include the issuance of improvement notices, enforcement actions for serious violations, and even prosecution in cases of severe negligence or willful violations.

Workplace accidents that result in death, serious injury, or incapacitation of an employee for more than three days must be reported by employers. This is a legal obligation outlined in the Workers' Compensation Act, 2000 (Section 22). The report, which must contain specific details, should be submitted to the nearest Commissioner for Labour or a labor officer within seven days of the accident.

Reporting Procedure

Reports are typically made on a prescribed form, which can be obtained from the Ministry of Gender, Labour, and Social Development (MGLSD). The completed form is then submitted to the nearest Labour Office or the Commissioner for Labour within the MGLSD.

Accident Investigation Processes

Employers have a primary duty to investigate accidents, determine causes, and implement corrective measures. Labor Officers and Inspectors are also authorized to conduct their own investigations. Larger workplaces are required to establish Safety and Health Committees, which should participate in the investigation process. The main goals of the investigation are to identify the root cause of the accident, identify contributing factors, and develop preventive and corrective measures to avoid similar future incidents.

Compensation Claims

All employees in Uganda, regardless of the nature of their job, are eligible for compensation under the Worker's Compensation Act, 2000. This is the primary law governing compensation for injuries or deaths caused by workplace accidents.

Compensation Types

Employers are liable to cover medical costs arising from the workplace injury. Compensation is also provided for lost wages during the injured worker's recovery period (temporary disability). Lump-sum payments are made for lasting disabilities (permanent disability), with amounts calculated based on disability severity. Dependents of a worker who dies due to a workplace accident may also receive compensation.

Claim Procedure

The worker should notify their employer as soon as possible following the accident. A medical assessment is then conducted to determine the extent of the injury and required treatment. Supporting evidence, such as medical reports and the accident report, is gathered and a claim is filed. The Commissioner of Labour is responsible for determining the validity of the claim and the payment amount.