Zimbabwe

In Zimbabwe, the primary legislative framework for health and safety includes the Factories and Works Act [Chapter 14:08], Labour Act [Chapter 28:01], National Social Security Authority (Accident Prevention and Workers Compensation Scheme) Notice, 1990 (S.I. 68 of 1990), Pneumoconiosis Act [Chapter 15:08], and Environmental Management Act [Chapter 20:27]. These laws outline regulations for workplace conditions, employer obligations for safe and healthy workplaces, prevention and control of dust-related lung diseases, and handling and disposal of hazardous substances.

Regulatory Bodies

The Ministry of Public Service, Labour and Social Welfare is responsible for the overall administration and policy development concerning health and safety. The National Social Security Authority (NSSA) administers safety programs. The Zimbabwe Occupational Safety and Health Council (ZOSHC) advises relevant bodies on policy and promotes the adoption of safety and health principles.

Employer Responsibilities

Employers in Zimbabwe have a wide range of responsibilities under health and safety laws. These include ensuring safe work environments, providing and maintaining suitable Personal Protective Equipment (PPE), instructing and training workers on health and safety procedures, identifying potential workplace hazards, reporting and investigating serious workplace injuries, and facilitating the appointment of safety and health representatives.

Worker Rights and Responsibilities

Workers in Zimbabwe have the right to refuse work they believe poses an imminent and serious danger, to be informed and consulted on workplace health and safety, and to participate through representatives and safety committees. They also have the responsibility to cooperate on health and safety matters, take reasonable care of their own and others' safety, and follow established safety procedures.

Key Areas of Regulation

Zimbabwe's health and safety laws cover a range of specific areas, including machine safety, construction safety, fire safety, electrical safety, hazardous substances, first aid, and worker compensation.

Occupational health and safety (OHS) is a critical aspect of any workplace. In Zimbabwe, there are general and industry-specific standards that employers must adhere to, ensuring a safe and healthy work environment for their employees.

General OHS Standards

Workplace conditions in Zimbabwe must be constructed and maintained to avoid hazards. This includes adequate ventilation, lighting, temperature control, sanitary facilities, and emergency exits. Employers are obligated to supply and maintain suitable personal protective equipment (PPE) where the nature of work poses hazards. This can include protective clothing, helmets, eye protection, respirators, and more.

Employers must systematically identify hazards, assess the risks they pose, and implement appropriate preventive and control measures. They must also develop and follow safe procedures for all work activities. This encompasses proper handling of tools, equipment, hazardous substances, and procedures for working in confined spaces, working at heights, and other risk-prone situations.

Industry-Specific Standards

Zimbabwean OHS legislation outlines standards for a variety of industries. In construction, measures must be in place to prevent falls, including scaffolding, guardrails, and personal fall protection systems. Procedures for shoring, sloping, and the prevention of cave-ins are regulated. Protocols for confined space entry, including air monitoring, ventilation, and rescue plans, are stipulated.

In mining, regulations exist to minimize worker exposure to harmful dust. This includes measures like ventilation, dust suppression, and respiratory protection. Standards exist for preventing rockfalls and other ground instabilities in underground and surface mines. Several sets of detailed regulations specifically address safety in mining operations, covering areas like machinery, explosives, and emergency procedures.

For chemical handling, specific regulations govern the storage, labeling, transportation, use, and disposal of hazardous chemicals. Employers must provide access to Material Safety Data Sheets (MSDS) for hazardous substances used in the workplace, informing workers of risks and handling procedures.

OHS Management Systems

Zimbabwe encourages the adoption of Occupational Safety and Health Management Systems for continuous improvement. These systems include a clear statement by employers outlining their commitment to providing a safe and healthy work environment, the development of goals, objectives, and action plans for managing occupational safety and health, mechanisms to ensure worker consultation and involvement in developing and implementing OHS measures, systematic ongoing identification of workplace hazards and implementation of controls, and regular evaluation of the effectiveness of OHS arrangements, with corrective and preventive measures as needed.

Workplace inspections play a critical role in maintaining a safe and healthy work environment. They allow for the identification and assessment of potential hazards, monitor compliance with safety standards, investigate incidents, and promote awareness and education about safety practices.

Authorized Bodies

In Zimbabwe, the National Social Security Authority (NSSA) is the primary agency responsible for conducting workplace inspections. These inspections are carried out by designated NSSA inspectors.

Inspection Procedures

Inspection Criteria

Workplace inspections in Zimbabwe typically assess the following areas:

• General Workplace Conditions: This includes structural safety, housekeeping, sanitation, lighting, ventilation, noise, and temperature control.
• Machine and Equipment Safety: The safeguarding of machinery, electrical safety, and the integrity of boilers and pressure vessels are evaluated.
• Fire Safety: Inspectors check for the presence and suitability of fire prevention and firefighting equipment, as well as emergency exits.
• Work Processes and Procedures: Safe systems of work, particularly for hazardous tasks, are evaluated.
• Hazardous Substances: Inspectors ensure the proper storage, labeling, use, and disposal of hazardous substances, and check the availability of Material Safety Data Sheets (MSDSs).
• First Aid: The adequacy of first aid provisions and the presence of trained personnel are assessed.
• Personal Protective Equipment (PPE): The availability, suitability, and proper use of PPE are checked.
• OSH Management Systems: Inspectors look for the presence of OSH policies, risk assessments, record-keeping, and worker participation mechanisms.

Inspection Frequency

The frequency of inspections primarily depends on the risk level and compliance history of the workplace. High-risk sectors, such as mining and construction, may be subject to more frequent inspections.

Inspection Process

The inspection process typically involves the following steps:

1. Notice of Inspection: While inspectors generally have the right of unannounced entry, providing prior notice for inspections may be done in some circumstances.
2. Opening Meeting: The inspector meets with the employer or representative to explain the purpose and scope of the inspection.
3. Walkthrough and Examination: A systematic inspection of the workplace, including examination of equipment, processes, and documentation.
4. Interviews: Inspectors may interview workers and supervisors to gather information and verify compliance.
5. Closing Meeting: The inspector discusses preliminary findings with the employer or representative.
6. Inspection Report: A detailed written report outlining findings and any violations found.

Follow-Up Actions

If violations are found during the inspection, the inspector may take several follow-up actions. These can include issuing enforcement notices requiring corrective actions within specified timeframes, issuing prohibition or improvement notices for serious hazards, and levying penalties for non-compliance with safety regulations. In addition, the NSSA may offer advisory services and resources to support employers in addressing identified safety and health shortcomings.

Workplace accidents in Zimbabwe are subject to strict regulations, particularly when it comes to reporting occupational injuries, diseases, and hazardous incidents. The Factories and Works Act and the National Social Security Authority (NSSA) mandate immediate reporting of serious injuries, fatalities, and dangerous occurrences. Employers are also required to report diagnosed cases of workplace-related illnesses. NSSA provides specific forms for reporting these incidents, requiring detailed information about the incident and the individuals involved.

Investigation Procedures

Investigating accidents in Zimbabwe serves two main purposes: determining the root cause of the accident to prevent similar future incidents, and assessing whether an injured worker is eligible for compensation under the NSSA Accident Prevention and Workers' Compensation Scheme. Employers bear the primary responsibility for investigating all workplace accidents, regardless of their severity. However, NSSA inspectors may conduct their own investigations, particularly for serious accidents or if there are concerns about the adequacy of the employer's investigation. Investigations typically involve gathering evidence, including witness statements, inspecting the accident scene, examining the equipment or machinery involved, and reviewing workplace policies and procedures.

Worker Compensation

Zimbabwe operates a mandatory, no-fault worker compensation insurance system administered by NSSA. This means that injured workers are entitled to compensation without having to prove employer negligence. The NSSA compensation scheme generally covers medical expenses related to the treatment and rehabilitation of work-related injuries and diseases, wage replacement for workers unable to work due to the injury, payments for long-term or permanent disabilities resulting from workplace accidents, and financial support to dependents in case of fatal workplace accidents.

Compensation Claim Process

The process for claiming compensation involves a medical assessment by a designated NSSA medical practitioner, followed by the submission of a compensation claim form along with the medical assessment report to NSSA. NSSA then reviews the claim to determine eligibility and benefit entitlement, before paying approved benefits to the injured worker or their dependents.

Key Points

There are specific time limits for submitting compensation claims, usually within a prescribed period after the accident or diagnosis of an occupational disease. Mechanisms also exist for resolving disputes over compensation eligibility or benefit amounts.