1.

QUESTION
2. Ministry of Labour and Social Welfare is looking for a consultant to engage who can
assist in reviewing current OHS laws in Zimbabwe. The consultant is expected to
develop a robust report which show current state of the law, recommendations, and
proposals on way forward to improve national OHS performance. Develop a report to
meet these specifications as required by the minister. [50].

EXECUTIVE SUMMARY:

This report presents a thorough examination of the current state of Occupational

Health and Safety (OHS) laws in Zimbabwe, highlighting strengths, weaknesses, and
areas for improvement. The report provides actionable recommendations and
proposals to strengthen national OHS performance, aligning with international best
practices and standards.

INTRODUCTION:

The Ministry of Labour and Social Welfare recognizes the critical importance of
ensuring a safe and healthy work environment for all employees in Zimbabwe. This
review aims to assess the effectiveness of current OHS laws and provide guidance for
enhancements, aligning with the country's commitment to protecting workers' rights
and promoting economic growth.

CURRENT STATE OF OHS LAWS IN ZIMBABWE:

Occupational Health and safety laws are important in a country since they govern how
the health and safety of workers is managed in organizations. In Zimbabwe there are
many laws that concern the OHS of workplaces. Occupational injuries, fatalities and
illness create an unnecessary burden on the country’s workforce thus that is why there
are OHS laws. Zimbabwean OHS laws have weaknesses which include that they are
fragmented, outdated and do not align with international standards and best practices,
limited coverage and enforcement, particularly in the informal sector as well as lack
of gender sensitivity. However the laws can be addressed through the implementation
and formulation of new and modern laws.

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Occupational health and safety laws in Zimbabwe are fragmented, there is the NSSA
Act17:04, NSSA (Accident prevention and workers compensation scheme)
Regulations SI 68 of 1990, Labour Relations Act 28:01 of 1996, Pneumoconiosis Act
(Cap 15:08), Radiation Protection SI 62 of 2011 as well as the Factories and Works
Act 14:08 of 1976 with its 8 Regulations namely Registration and Control (RGN
262), General Regulations (RGN 263),Building, Structural and Excavation Work
Regulations (RGN 264), Escalators and Excavation Regulations (RGN 278), Boiler
Regulations (RGN 279), Machinery Regulations(RGN 302), Pressure vessel
Regulations (RGN 303) and Electrical Regulations (RGN 304).The fragmentation of
laws usually leads to confusion on the administration of the law. It also causes the
same issues to be addressed in different Acts.

WEAKNESS

The fragmentation of laws often leads to administrative confusion and inefficiencies,

resulting in duplicated efforts and contradictions across different acts. This
fragmentation may cause the same issues to be addressed in various Acts, leading to
duplication of roles, overlaps, and contradictions among laws, as well as a lack of
coordination and waste of resources among administering departments. For instance,
Public Health Acts and Factories Acts have inspectors with the same right to enter
premises or vessels for inspection purposes, resulting in duplication of roles.

Moreover, the fragmentation of laws results in no clear jurisdiction of powers given

by the Acts for the administration of law. An example of this fragmentation is seen in
the Factories and Works Act 14;08 of 1976 Section 14, which requires the reporting
of accidents to NSSA if the worker has not attended work for three days, whereas the
NSSA (Accident Prevention and Compensation Scheme) SI 68 of 1990 requires the
report of accidents to be done after a day. Therefore, OHS laws require
harmonization, possibly under a single regulatory authority, for effective
coordination, consistency, and uniformity.

Another weakness of the Zimbabwean OHS laws is the lack of competency in the
boards, as the minister can appoint anyone based on political interests. The chief

2
inspector should be the chairman of the board at the national level, and qualification
and competency should be considered when appointing board members. This
weakness can be addressed if organizations appoint or employ occupational health
and safety practitioners to deal with the issues. Chartered practitioners should be the
only ones appointed as technical committee members. Although we have a technical
committee named ZIOSHC, it is difficult to trace its origin in the parent act of NSSA
Act 17; 04 of 1990, leading to inefficiency in the execution of duties prescribed to the
committee due to a lack of clear legal backing. Issues of its competence and relevance
are questioned, even though its presence is crucial in the management of Occupational
Health and Safety at the national level.

Many Occupational Safety and Health (OSH) laws still fail to provide for the
establishment of workplace health and safety committees, a crucial oversight.
Furthermore, the appointment of safety representatives is addressed in the 3rd
schedule of SI 68 (Accident Prevention and Compensation Scheme) of 1990, but this
provision is insufficient to ensure comprehensive workplace safety. This encourages
social dialogue in the country to foster a hazard-free environment at workplaces.
However, conclusions were drawn requesting the establishment of a law that shows
the establishment of ZIOCSH, safety representatives, and safety committees at
workplaces, such committees may exist in theory but are practically dysfunctional.
The appointment of social dialogue systems must be legally binding (NSSA 2012),
leading to the development of a strong social dialogue regarding occupational health
and safety (Alli 2008). The incorporation of provisions on minimum frequency of
committee meetings and submission of documentary proof to the employer and
regulatory authorities is a way of addressing the weakness of the law.

Following the creation of the National Social Security Authority (NSSA), the need for
revised occupational health and safety laws became increasingly apparent, as
Zimbabwe remained one of the few countries in the Southern Africa Development
Committee (SADC) that had yet to modernize its legislation (NSSA 2012)
There is a need to create a more comprehensive mechanism in line with ratified ILO
conventions 155, 161, 162, 170, 174, and 176. This was proved by NSSA 2010 in a
study where they evaluated how Zimbabwe complies with C174 and concluded that
there is a need to develop and promulgate a regulation for the prevention of major

3
industrial accidents and all other conventions as well (Unpublished project by Polite
Nhokovedzo). There is a need to overcome the widely noted fragmentation in legal
laws. Thus, regardless of the endorsement of key Occupational Safety and Health
(OSH) conventions, the nation failed to deliver a new OSH legislative dispensation
(NSSA 2012). Moreover, the Factories and Works Act 14:08, last revised in 1996,
contains outdated requirements and definitions of activities, tools, and standards that
are no longer suitable in light of contemporary advancements and progress (Hubbard
GB et al., 2003). This highlights the need for a comprehensive review and update to
ensure alignment with current best practices and technological developments.

Moreover, another weakness of the Zimbabwean OHS laws is that funding

mechanisms for OSH services are not embedded in the OSH laws. If this omission is
not corrected, employers may under-fund their organizational OSH services. There is
an urgent need to legally compel employers to establish such requirements. However,
numerous legislative obstacles still exist in the laws, which may ultimately be
disadvantageous to many deserving workers. Firstly, the laws do not provide a
minimum standard for claims, whereas some do not cover informal workers and the
self-employed. Still, the level of compensation promised by the compensation laws
does not consider the severity of risks encountered by workers, and the unwillingness
to compensate is apparent and frightening. This may suggest that an injured worker
deserving compensation could encounter delays in receiving such claims. The
compensation claim procedures are bureaucratic and extremely long for example the
Compensation laws in Zimbabwe insist that the reporting of an injury must not be
delayed but done within 14 days from the day the accident occurred. However this
weakness can be addressed if the injury reporting time is extended to at least a month
to accommodate delays associated with factors such as injury,trauma and financial
handicaps.

In addition another weakness of the Zimbabwean OHS laws is that the statutory OHS
rights cease or direct the cessation of unsafe work where the worker has reasonable
grounds to believe that to continue work would expose the worker or any other person
to a serious risk arising from the immediate or imminent exposure to a hazard. For
example a substance may cause a disease of long latency. However Health and Safety
Representative (HSR) should be allowed to direct workers to cease work but only

4
after consulting the person conducting the business or undertaking and attempting to
resolve the issue.

STRENGTH

Occupational, Health, and Safety (OHS) laws play a crucial role in ensuring the
well-being of employees and the environment in Zimbabwe. The country has enacted
various laws and regulations to promote a safe and healthy work environment, prevent
occupational hazards and diseases, and protect the environment.

Occupational, Health, and Safety (OHS) laws promote a Culture of Occupational,

Safety and Prevention. OHS laws in Zimbabwe provide a framework for ensuring a
safe and healthy work environment (Muponde, 2002). The laws require employers to
implement safety measures, conduct risk assessments, and provide training to
employees on occupational health and safety. This approach promotes a culture of
safety and prevention, reducing the incidence of work-related injuries and illnesses
(Chinyama, 2005). Moreover, the laws encourage employers to adopt international
best practices and standards, enhancing compliance with global requirements
(Mukwena, 2013).

More so, OHS laws encourage employer and employee participation. OHS laws in
Zimbabwe facilitate employer and employee participation in occupational health and
safety management (Maphosa, 2009). The laws require employers to establish safety
committees, conduct regular safety inspections, and involve employees in the
decision-making process. This participatory approach enhances employee
engagement, empowers workers to report hazards, and fosters a sense of ownership
and responsibility (Machingura, 2012).

Furthermore, OHS laws in Zimbabwe facilitate access to compensation and benefits.

OHS laws in Zimbabwe provide access to compensation and benefits for work-related
injuries and illnesses (National Social Security Authority, 1990). The laws require
employers to provide workers' compensation insurance, ensuring that employees
receive fair compensation for work-related injuries or illnesses. Additionally, the laws
protect employees from retaliation or dismissal for reporting occupational hazards or

5
claiming compensation (Zimbabwe Environmental Law Association, 2018). Also
there is a Pnuemoconiosis board which is given power by Pnuemoconiosis act 15:08
from section 4-14. This board sit for dust related issues in Zimbabwe, including
factories.

OHS laws in Zimbabwe play a vital role in promoting a culture of safety and
prevention, encouraging employer and employee participation, and facilitating access
to compensation and benefits. The laws provide a framework for ensuring a safe and
healthy work environment, protecting employees from occupational hazards and
diseases, and promoting sustainable development and environmental protection.
Therefore, it is essential to enforce and comply with OHS laws to ensure the well-
being of employees and the environment in Zimbabwe.

RECOMMENDATIONS AND PROPOSALS:

Despite robust enforcement of Occupational Safety and Health laws, workplace

accidents continue to rise due to loopholes in existing legislation. Since companies
often prioritize cost-cutting over compliance, they may only meet the minimum legal
requirements. However, the primary goal of OHS legislation is to prevent workplace
accidents and occupational diseases, emphasizing the need for efficient and
responsible enforcement of OHS rules and regulations (Liu & Liu 2016).
Strengthening laws is crucial to ensure comprehensive worker protection, which is
essential for boosting economic productivity, as human resources are the most
valuable asset in economic development. Effective legislation, regulations, and
enforcement mechanisms are vital policy tools for safeguarding workers' rights. They
provide a foundation for initiatives aimed at enhancing working conditions and the
work environment.

Legislation serves as the cornerstone of social order and justice; its absence or lack of
enforcement creates an environment conducive to exploitation (Alli 2008). Therefore,
it is imperative to implement measures that guarantee workers' safety and health. The
law plays a direct role in regulating aspects of working conditions, work environment,
and occupational safety and health

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There is a need to consolidate the Factories and Works, NSSA, Pneumoconiosis, and
Radiation Protection Acts to address the fragmentation of laws, which often leads to
unclear jurisdiction and confusion. For instance, the Factories and Works Act 14; 08
of 1976 Section 14 and NSSA (Accident Prevention and Compensation Scheme) SI
68 of 1990 have differing requirements for reporting accidents, causing confusion.
This fragmentation can be resolved by establishing a single national institute with a
structured board to oversee occupational health and safety in Zimbabwe. Currently,
multiple boards, such as the NSSA board and Pneumoconiosis board, have
overlapping powers, leading to potential lapses in enforcement and increased
accidents.

In line with international best practices, Zimbabwe should adopt a approach that
limits the number of statutory instruments and promotes flexible directives, codes of
practice, and voluntary standards issued by government agencies or professional
bodies (Alli 2008). This approach prioritizes prevention while allowing for specific
regulations to control serious occupational hazards. Additionally, standards and codes
of practice issued by national standards organizations or professional institutions can
be given the force of law, lightening the lawmaker's burden while increasing
administrative efficiency.

Furthermore, the National Social Security board should comprise individuals with
relevant professional qualifications, not just administrative backgrounds. A
qualification regulation is needed to ensure employers and employees have the
necessary professional expertise. This can be achieved by having tertiary education
institutes develop programs that qualify students in relevant fields, especially
occupational health and safety. The Ministry of Labor can govern this regulation. A
competency board within NSSA should certify every occupational health and safety
practitioner in Zimbabwe, reducing accidents by ensuring competent personnel handle
occupational health and safety matters. This institute should have a renewal system,
requiring members to write an exam every two years to demonstrate their progressing
knowledge.

The National Board on Occupational Health and Safety should consist mainly of
chartered practitioners from various fields, with at least 10 years of experience in
specific areas of occupational health and safety. This includes individuals from

7
industries and consultancy, with administrative professionals holding fewer seats on
the National Social Security Board.

The chief inspector should chair the national board, preventing political appointments
by the minister that may lead to incompetent board members. Employee and employer
organizations can suggest board members, but qualifications and competency should
be prioritized. This ensures organizations employ occupational health and safety
practitioners to address issues, even in labor unions. Only chartered practitioners
should serve on technical committees. Although we have a technical committee,
ZIOSHC, its origin in the parent act, NSSA Act 17; 04 of 1990, is unclear, leading to
inefficiency and questions about its competence and relevance.

The parent act and regulations should have a clear relationship, like the
Environmental Management Act 20:27 and its statutory instruments, to avoid
conflicting issues. Most occupational health and safety laws, like NSSA Act 17:04,
lack this relationship with their regulations. The Standard Association of Zimbabwe
(SAZ) should be involved in formulating enforceable standards for occupational
health and safety laws. SAZ can prepare legally binding procedures and standards for
industrial hygiene monitoring, referenced in laws to avoid confusion and updated
regularly. A tripartite approach should be used to ensure standards consider current
economic and professional issues.

Consultant companies in occupational health and safety should register with NSSA,
considering members' qualifications and proof of expertise. A unique identification
number should be issued to consultants, making them accountable for their work. The
appointment of safety representatives, covered in SI 68 (Accident Prevention and
Compensation Scheme) of 1990, aims to promote social dialogue for a hazard-free
work environment. However, a law establishing ZIOCSH, safety representatives, and
safety committees at workplaces is needed, as concluded in the NSSA 2012 survey.
This legal binding approach enables strong social dialogue on occupational health and
safety (Alli 2008).

In countries with exemplary safety standards, it has been acknowledged that a more
effective approach is to outline the responsibilities of those primarily accountable for
Occupational Safety and Health (OSH) measures in broad terms, rather than

8
attempting to exhaustively regulate every potential hazard (Alli 2008). This strategy is
crucial because technological advancements are occurring at an unprecedented rate,
making it challenging for legislation to keep pace. As a result, more recent laws have
opted to define overarching objectives in general terms, rather than stipulating
intricate requirements.

WAY FORWARD:

To move forward, a multi-stakeholder task force should be established to oversee the

implementation of recommendations (Tenderer, 2012). Regular reviews and updates
of OHS laws and regulations are crucial to ensure they remain effective and aligned
with international best practices (Richardson, 2013). Collaboration with international
organizations and neighboring countries can facilitate the sharing of best practices and
expertise (Rollin et al., 2016). A national OHS policy and strategy should be
developed to guide efforts and provide a framework for action (Robertson, 2008).

Training and awareness are critical components of an effective OHS system.

Comprehensive OHS training programs should be developed and implemented for
employers, employees, and inspectors (Renquist, 2001). Public awareness campaigns
can promote an OHS culture and encourage employers and employees to prioritize
safety (Digul et al., 2012). A national OHS training institute can provide specialized
training and capacity building (Samukange, 2015).

Hazard identification and risk assessment are essential for preventing injuries and
illnesses. Mandatory hazard identification and risk assessment processes should be
introduced for all workplaces, with guidelines and tools developed for employers to
conduct these assessments (Robertson et al., 2002). Injury and illness reporting
mechanisms should be enhanced to capture accurate OHS data, with a national OHS
database established to track trends and identify areas for improvement (Richardson,
2013).

Worker participation is critical for effective OHS decision-making. Worker

participation in OHS decision-making processes should be strengthened, with joint
employer-employee OHS committees established (Tenderer, 2012). Resources and

9
capacity building are also essential, with increased resources provided for the Labour
Inspectorate and OHS enforcement, and capacity-building programs developed for
inspectors, employers, and employees (Robertson, 2008). Finally, OHS coverage
should be expanded to include all sectors, including informal and agricultural
workers, with specific regulations introduced for high-risk industries such as mining
and construction (Jain, 2017).

CONCLUSION:

In conclusion, the review of current OHS laws in Zimbabwe has revealed significant
gaps and challenges that need to be addressed to improve national OHS performance.
The recommendations and proposals outlined in this report provide a comprehensive
framework for reforming and strengthening OHS laws, policies, and practices in
Zimbabwe. The Ministry of Labour and Social Welfare should prioritize the
implementation of these recommendations to ensure a safe and healthy work
environment for all workers in Zimbabwe. This will not only reduce the incidence of
occupational injuries and diseases but also improve productivity, promote economic
growth and development, and enhance the overall well-being of workers and their
families. By taking decisive action, Zimbabwe can align its OHS laws and practices
with international best practices, protect the rights of workers, and promote a culture
of prevention and safety in all workplaces.

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