In Zambia, the primary laws related to health and safety are the Occupational Health and Safety Act (No. 36 of 2010) and the Factories Act (Chapter 441 of the Laws of Zambia). The former provides the core framework for health and safety, while the latter regulates conditions of employment within factories and locations with specific hazards.

Occupational Health and Safety Act (2010)

The Occupational Health and Safety Act aims to establish the Occupational Health and Safety Institute (OHSI), create health and safety committees at workplaces, promote health, safety, and welfare for all persons at work, and protect those not directly employed in a workplace from risks associated with activities carried out by workers.

Employers are required to maintain a safe and healthy workplace, provide information, instruction, training, and supervision to employees, maintain a written policy statement related to health and safety, establish health and safety committees at the workplace, consult with workers on health and safety matters, and report accidents, dangerous occurrences, and occupational diseases.

Employees, on the other hand, are required to take reasonable care to protect their own health and safety and that of others, cooperate with the employer in fulfilling health and safety obligations, report unsafe or unhealthy situations to employers, and use protective equipment in the proper manner.

Factories Act (Chapter 441)

The Factories Act aims to regulate conditions in factories for worker safety, health, and welfare, and provide for the inspection and examination of specific plants and machinery.

Key provisions include cleanliness and ventilation of factory spaces, prevention of dangerous fumes, dust, and other impurities, fire safety precautions, safety of machinery and equipment, and provisions for health and welfare, including washing facilities, first aid, and protective clothing.

Additional Relevant Legislation

Other laws that inform and work in conjunction with Zambian health and safety legislation include The Public Health Act (Chapter 295 of the Laws of Zambia), The Environmental Management Act (No. 12 of 2011), The Workers' Compensation Act (Chapter 264 of the Laws of Zambia), and various sector-specific regulations.

Enforcement and Compliance

The Occupational Health and Safety Institute (OHSI) plays a vital role in enforcing health and safety laws in Zambia. Its inspectors have the power to enter, inspect, and examine workplaces, conduct investigations and inquiries, issue improvement and prohibition notices, and initiate legal proceedings against offenders.

Occupational health and safety (OHS) is a critical aspect of any working environment. In Zambia, the key standards frameworks that guide OHS include the ISO 45001:2018 - Occupational Health and Safety Management Systems and the Zambia National Occupational Safety and Health Policy. These frameworks guide the development of OHS, including hazard identification, risk assessment, workplace monitoring, worker training, provision of personal protective equipment (PPE), record-keeping, and incident investigation.

Hazard Prevention and Control

Hazard prevention and control is a significant area of focus in OHS. This includes machine safety, chemical safety, electrical safety, and fire safety. The Factories Act (Chapter 441) mandates safe fencing, construction, and maintenance of machinery, and requires the training of operators. Regulations also address the handling, classification, labeling, storage, and disposal of hazardous chemicals. The Factories Act also covers fire prevention measures, like suitable escape routes, fire-fighting equipment, and regular drills.

Occupational Health

Occupational health is another critical area of focus. This includes noise-induced hearing loss, work-related musculoskeletal disorders, and mental health. Industries with high noise levels must implement hearing conservation programs, including noise monitoring, engineering controls, and provision of hearing protection devices. Prevention of work-related musculoskeletal disorders focuses on ergonomic risk assessments, equipment and workstation design, and training for workers in safe manual handling techniques.

Emergency Preparedness and Response

Emergency preparedness and response is a crucial aspect of OHS. Workplaces must provide adequate first aid facilities and trained personnel according to the scale of the workplace and the specific hazards present. Employers are also responsible for developing emergency plans covering events like fires, explosions, and chemical releases. Plans should include evacuation procedures, communication methods, and training for workers.

Challenges and Improvement Efforts

Despite the robust OHS frameworks, there are still challenges and areas for improvement. Ensuring OHS compliance in Zambia's large informal sector is a significant challenge. Initiatives are focused on education, awareness-raising, and tailored support. Limited resources, underfunding, and a shortage of qualified OHS professionals hinder enforcement and improvement efforts. As Zambia's industrial landscape evolves, continuous adaptations to OHS standards and practices are needed to address new workplace hazards.

Workplace inspections are a crucial part of proactive hazard management. They serve to verify compliance with relevant regulations, identify existing and potential hazards, assess the adequacy of existing control measures, and promote safety awareness at all levels of the workplace.

The primary authority for conducting workplace inspections lies with the Occupational Health and Safety Institute (OHSI). OHSI inspectors are empowered to enter workplaces freely, carry out examinations, tests, and inquiries, demand the production of documents and records, and take samples of materials and substances.

Types of Inspections

• Routine Inspections: OHSI plans routine inspections at workplaces, prioritizing high-risk sectors and those with a history of poor compliance.
• Special Inspections: Triggered by complaints, serious accidents, or suspected major breaches of regulations.
• Follow-up Inspections: To ensure issues raised in previous inspections have been rectified.

Inspection Criteria

Inspections cover all areas relevant to health and safety, including physical hazards, chemical hazards, biological hazards, ergonomic hazards, fire and emergency preparedness, health and welfare facilities, and safety management systems.

Inspection Frequency

While there are no fixed schedules, OHSI aims to conduct regular inspections of all workplaces. The frequency depends on factors like sector risk level, workplace size, and compliance history.

Inspection Procedures

The inspection process includes an opening meeting, a walk-through inspection, examination of records, interviews, a closing meeting, and an inspection report.

Follow-Up Actions

Follow-up actions may include improvement notices, prohibition notices, and in cases of serious violations or non-compliance, OHSI may initiate legal proceedings.

Workplace accidents can have serious implications for both employees and employers. Immediate reporting of fatal accidents and those resulting in serious injuries is required by law. Non-fatal accidents that result in more than three days' absence from work must be reported within seven days. The responsibility of reporting these accidents falls on the employers, who must report to the Occupational Health and Safety Institute (OHSI) and the Workers' Compensation Fund Control Board (WCFCB). It is also mandatory for employers to maintain an accident register, recording details of all workplace accidents and dangerous occurrences.

Investigation of Workplace Accidents

The main aim of investigating workplace accidents is to identify the root causes and prevent them from happening again. The depth of the investigation depends on the severity of the accident. For minor accidents, employers usually conduct an internal investigation, documenting findings, causes, and corrective actions. Serious accidents, on the other hand, are investigated by OHSI inspectors. These investigations may involve interviewing witnesses, examining the scene, and reviewing technical documentation. Fatal accidents involve OHSI, and possibly the police, to determine any legal implications.

Workers' Compensation

The Workers' Compensation Act provides a system of no-fault compensation for workers injured or contracting occupational diseases in the course of employment. Injured workers or dependents of workers who die from work-related causes are entitled to compensation. This includes medical expenses, disability benefits, and death benefits. Claims are filed with the Workers' Compensation Fund Control Board (WCFCB). The Board assesses the claim and determines the level of compensation.

Key Aspects of the Compensation Process

Injured workers are required to undergo medical examinations by WCFCB approved doctors to ascertain the degree of disability. Decisions of the WCFCB can be appealed to the High Court of Zambia. Employers must have workers' compensation insurance and are required to facilitate the claims process for their employees.

Prevention of Workplace Accidents

While compensation is essential, the overarching goal is to prevent accidents. Key preventive measures include identifying and mitigating workplace hazards proactively, providing workers with knowledge and skills on safe work practices, and developing a workplace culture where safety is a shared value and responsibility.