Professional Documents
Culture Documents
The Occupational Health and Safety Act - 2010
The Occupational Health and Safety Act - 2010
36 of 2010 521
ARRANGEMENT OF SECTIONS
Section
PART I
PRELIMINARY
PART II
4. Establishment of Institute
5. Seal of Institute
6. Functions of Institute
7. Constitution of Board
8. Functions of Board
9. Director
10. Deputy Director and other staff
PART III
PART IV
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price K16,000 each
522 No. 36 of 2010] Occupational Health and Safety
PART V
ENFORCEMENT PROVISIONS
PART VI
PART VII
GENERAL PROVISIONS
33. Exemptions
34. General penalty
35. General offences
36. Offences by body corporate or unincorporate body
37. Institute to issue guidelines
38. Regulations
39. Savings and transitional provisions
FIRST SCHEDULE
SECOND SCHEDULE
Occupational Health and Safety [No. 36 of 2010 523
GOVERNMENT OF ZAMBIA
ACT
No. 36 of 2010
Date of Assent: 14th November, 2010
PART II
THE OCCUPATIONAL HEALTH AND SAFETY INSTITUTE
4. (1) There is hereby established the Occupational Health and Establishment
Safety Institute, which shall be a body corporate with perpetual of Institute
succession and a common seal, capable of suing and of being sued
in its corporate name, and with power, subject to this Act, to do all
such acts and things as a body corporate may, by law, do or perform.
(2) The Schedule applies to the Institute.
5. (1) The seal of the Institute shall be such device as the Board Seal of
may determine and shall be kept by the Secretary. Institute
PART III
14. (1) The representatives of the employees on a health and Health and
safety committee shall elect from amongst themselves a health safety
representatives
and safety representative who shall coordinate health and safety
activities at their workplace.
(2) Where there are only two representatives of the employees
on the health and safety committee, the employees whom they
represent shall elect a health and safety representative from the
two representatives on the committee.
(3) An employer shall display or cause to be displayed in a
conspicuous place, the names of the health and safety committee
representatives.
(4) A health and safety representative who —
(a) hinders or obstructs an employer or employee;
(b) intimidates or threatens an employer or employee;
(c) uses or discloses, for any purposes not connected with
the exercise of any functions or powers under this Act,
information that is acquired from an employer or
employee; or
(d) performs any functions contrary to the provisions of this
Act;
commits an offence and is liable, upon conviction, to a fine not
exceeding two hundred thousand penalty units or to imprisonment
for a period not exceeding two years, or to both.
PART IV
HEALTH AND SAFETY AT WORKPLACES
15. For the purposes of this Part, in determining what is, or Determination
was, at any particular time, reasonably practicable in relation to of what is
reasonably
ensuring health and safety at a workplace, regard shall be had to practicable
the following matters:
(a) the likelihood of the hazard or risk concerned occurring;
(b) the degree of harm that would result if the hazard or risk
occurred;
(c) what the person concerned knows, or ought reasonably
to know, about the hazard or risk and any ways of
eliminating or reducing the hazard or risk;
(d) the availability and suitability of ways to eliminate or
reduce the hazard or risk; and
532 No. 36 of 2010] Occupational Health and Safety
PART V
ENFORCEMENT
Designation 25. (1) The Board may, for the purpose of enforcing this
of authorised
officers
Act, appoint any suitable person as an authorised officer on such
terms and conditions as the Board may determine.
(2) The Board shall provide an authorised officer with an
identity card for the purpose of inspections, which shall be prima
facie evidence of the authorised officer’s appointment as such.
(3) An authorised officer shall, in performing any function under
this Act—
(a) be in possession of the identity card referred to under
subsection (2); and
(b) show the identity card to any person who requests to see
it or is subject to an investigation under this Act.
(4) For the purposes of this Act, “authorised officer” includes—
(a) an authorised officer appointed under section one
Act No. 7 of hundred and forty-four of the Mines and Minerals
2008 Development Act, 2008;
Occupational Health and Safety [No. 36 of 2010 539
PART VI
FIRST SCHEDULE
(Section 3)
ADMINISTRATION OF INSTITUTE
PART I
THE BOARD
1. (1) Subject to the other provisions of this Act, the Proceedings
Board may regulate its own procedure. of Board
PART II
FINANCIAL PROVISIONS
7. (1) The funds of the Institute shall consist of such moneys Funds of
as may— Institute
(a) be appropriated to the Institute by Parliament for the
purposes of the Institute;
(b) be paid to the Institute by way of grants or donations;
and
(c) otherwise vest in, or accrue to, the Institute.
(2) The Institute may, subject to the approval of the
Minister —
(a) accept moneys by way of grants or donations from any
source within or outside Zambia; and
(b) raise by way of loans or otherwise, such moneys as it
may require for the discharge of its functions.
(3) There shall be paid from the funds of the Institute —
(a) the salaries, allowances, pensions and loans of the
members of staff of the Institute;
(b) such reasonable travelling and other allowances for the
members and the members of any committee when
engaged on the business of the Institute, at such rates
as the Board may determine; and
(c) any other expenses incurred by the Institute in the
performance of its functions under this Act.
550 No. 36 of 2010] Occupational Health and Safety
SECOND SCHEDULE
(Section 39)
SAVINGS AND TRANSITIONAL PROVISIONS
Definition of 1. In this Schedule “Bureau” means the Occupational Health
Bureau Safety and Research Bureau.
Staff of 2. (1) For the avoidance of doubt, a person who, before the
Bureau commencement of this Act, was an officer or employee of the
Bureau, shall continue to be an officer or employee of the Institute,
as the case may be, as if appointed or employed under this Act.
(2) The service of the persons referred to in subparagraph (1)
shall be treated as continuous service.
(3) Nothing in this Act, affects the rights and liabilities of any
person employed or appointed by the Bureau before the appointed
date.
Occupational Health and Safety [No. 36 of 2010 551