Tanzania

In Tanzania, health and safety laws are governed by several key pieces of legislation. The Occupational Health and Safety Act, 2003, is the primary law, establishing a comprehensive framework for protecting workers' safety, health, and welfare. The Employment and Labour Relations Act, 2004, and the Public Health Act, 2009, also contain provisions relevant to health and safety. Additionally, the Workers' Compensation Act, 2008, provides a system for compensating employees who suffer work-related injuries or illnesses. There are also several sector-specific laws with health and safety provisions, such as those related to mining, factories, construction, and agriculture.

Employer Responsibilities

Under Tanzanian law, employers have a general duty to ensure the health, safety, and welfare of their workers. This includes providing a safe workplace, conducting risk assessments, providing necessary information and training, supplying personal protective equipment (PPE), providing welfare facilities, and reporting and investigating incidents.

Worker Responsibilities

Workers also have responsibilities under the Occupational Health and Safety Act, 2003. These include taking reasonable care of their own and others' health and safety, cooperating with employers on health and safety matters, correctly using safety equipment and PPE, and reporting any hazards, accidents, or unsafe situations.

Occupational Safety and Health Authority (OSHA)

The Occupational Safety and Health Authority (OSHA) is a government agency that plays a major role in enforcing health and safety laws in Tanzania. OSHA's functions include conducting workplace inspections, enforcing health and safety laws, providing information and training, and contributing to policy development.

Key Areas of Regulation

Tanzanian health and safety laws regulate general workplace safety, specific hazards, and specialized industries. General workplace safety includes fire safety, electrical safety, machine guarding, working at heights, and emergency preparedness. Specific hazards include chemicals and hazardous substances, noise, ergonomics, and biological hazards. Specialized industries include construction, mining, manufacturing, and agriculture.

Occupational health and safety (OHS) is a crucial aspect of any workplace. It involves identifying and assessing potential hazards, controlling these hazards, monitoring the health of workers, reporting and investigating incidents, providing necessary training and education, and encouraging worker participation.

Hazard Identification and Risk Assessment

Identifying and assessing risks is a fundamental part of OHS. Employers are required to conduct risk assessments to identify and mitigate workplace hazards. This process is guided by specific guidelines and resources.

Control of Workplace Hazards

OHS standards emphasize a hierarchy of controls to manage workplace hazards. This includes:

1. Elimination: Removing the hazard entirely.
2. Substitution: Replacing the hazard with a less hazardous alternative.
3. Engineering Controls: Isolating workers from the hazard through physical changes in the workplace.
4. Administrative Controls: Modifying work procedures and practices to reduce exposure.
5. Personal Protective Equipment (PPE): Providing workers with protective gear as the last line of defense.

Occupational Health Surveillance

Occupational health surveillance involves medical examinations for workers exposed to specific hazards. Employers in certain sectors are obligated to monitor workers' health and maintain occupational health records.

Incident Reporting and Investigation

The reporting of accidents, dangerous occurrences, and occupational diseases is a legal requirement. Incident investigations help identify root causes and prevent future occurrences.

Training and Education

Employers are required to provide workers with adequate training on health and safety hazards, safe work practices, and the use of PPE. Various training programs, workshops, and materials are available to promote OHS awareness and knowledge.

Worker Participation

The formation of joint worker and employer safety and health committees in workplaces is encouraged to address OHS concerns. Workers have the right to refuse unsafe work and the right to report health and safety hazards without fear of reprisal.

Despite the legal framework, there are several challenges in implementing effective OHS standards. These include limited resources, a large informal sector that makes it difficult to regulate and enforce OHS standards, and a lack of awareness among employers and workers, particularly in small-scale enterprises, of their OHS rights and responsibilities.

Workplace inspections play a crucial role in maintaining a safe and healthy work environment. They serve to assess compliance with legal requirements, identify potential hazards, promote preventive measures, and investigate accidents, incidents, or worker complaints.

Role of Tanzania's Occupational Safety and Health Authority (OSHA)

OSHA is the main agency responsible for conducting workplace inspections in Tanzania. The inspectors from OSHA have the right to enter workplaces without prior notice, examine and copy relevant OHS records, and question employers and workers while collecting samples for analysis.

Types of Workplace Inspections

Workplace inspections can be categorized into general inspections, targeted inspections, accident/incident investigations, and complaint-based inspections. General inspections are comprehensive evaluations of overall workplace safety and health, while targeted inspections focus on specific hazards or high-risk industries. Accident/incident investigations are in-depth inspections triggered by workplace accidents, serious injuries, or occupational diseases. Complaint-based inspections are carried out in response to worker complaints regarding unsafe or unhealthy working conditions.

Inspection Criteria

During workplace inspections, OSHA inspectors assess key areas such as risk assessments, physical hazards, chemical hazards, ergonomics, biological hazards, welfare facilities, and OHS management systems.

Inspection Frequency

The frequency of workplace inspections in Tanzania is not mandated and depends on factors such as the workplace risk level, OSHA resources, and past inspection history.

Follow-Up Actions

After an inspection, the OSHA inspector issues a report outlining findings and any required corrective actions. If there are violations, OSHA may issue an improvement notice with deadlines for rectification. For serious and imminent dangers, OSHA can issue a prohibition notice halting specific activities until risks are controlled. In cases of non-compliance or obstruction, OSHA can impose fines or initiate legal proceedings.

Workplace accidents are serious incidents that require immediate reporting and thorough investigation. Employers are obligated to report any workplace accident that results in the loss of life or disables an employee from working for at least three days. The report should include details such as the employer's name and address, the nature of the workplace, the time and place of the accident, circumstances of the accident, the victim's details, and the nature of the injury.

Investigation of Workplace Accidents

The Occupational Safety and Health Authority (OSHA) is responsible for investigating severe or fatal workplace accidents. OSHA inspectors have the authority to enter any workplace for inspection, examine any machinery, equipment, articles, or substances, take statements from relevant parties, and require the production of relevant documents. The purpose of these investigations is to determine the causes of the accident, identify preventive measures to avoid future incidents.

Compensation for Workplace Accidents

In the event of a workplace accident, the Worker's Compensation Fund (WCF) in Tanzania provides compensation to injured or disabled workers. The types of compensation include temporary total disability, permanent total disability, permanent partial disability, medical expenses, and death benefits for survivors. To file a compensation claim, workers or survivors must file a claim with the WCF, and employers are required to facilitate the claims process. Claims must be supported by medical reports and other relevant documents.