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Final MOHS 502 Assignment (OHS) Laws in Zimbabwe, Highlighting Strengths, Weaknesses, and Areas For Improvement .
Final MOHS 502 Assignment (OHS) Laws in Zimbabwe, Highlighting Strengths, Weaknesses, and Areas For Improvement .
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:
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.
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fragmented, outdated and do not align with international standards and best practices,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
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
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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.
Most OSH laws still lack provisions for setting up workplace health and safety
committees, and the appointment of safety representatives is covered in the 3rd
schedule of SI 68 (Accident Prevention and Compensation Scheme) of 1990. 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.
Since the establishment of the National Social Security Authority (NSSA), the
establishment of new occupational health and safety laws was eminent, as Zimbabwe
was and is still one of the countries that has not updated its legislation in the Southern
Africa Development Committee (SADC) (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 industrial accidents and all other
conventions as well (Unpublished project by Polite Nhokovedzo). There is a need to
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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). Also, Factories
and Works Act 14:08 was last reviewed in 1996, and some of its requirements and
definitions of activities, tools, and standards are no longer appropriate considering the
ongoing modernization and development (Hubbard GB et al., 2003).
Moreover 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 the HSR should
be allowed to direct workers to cease work but only after consulting the person
conducting the business or undertaking and attempting to resolve the issue.
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STRENGTH
Occupational, Safety, Health, and Environmental (OSHE) 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.
Moreover OSHE laws encourage employer and employee participation. OSHE 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).
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Pnuemoconiosis act 15:08 from section 4-14. This board sit for dust related issues in
Zimbabwe, including factories.
OSHE 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 OSHE laws to ensure the well-
being of employees and the environment in Zimbabwe.
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
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
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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
industries and consultancy, with administrative professionals holding fewer seats on
the National Social Security Board.
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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).
It has been recognized, in countries with good safety records, that it is more effective
to stipulate the duties of those with primary responsibility for OSH measures in
general terms, rather than to attempt to regulate a multitude of hazards in minute
detail (Alli 2008).This approach is important because technology is developing at an
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increasingly rapid pace, and it often proves difficult for the legislation to keep abreast
of progress. More recent legislation has therefore avoided setting out detailed
requirements, but rather has defined general objectives in broad terms.
WAY FORWARD:
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).
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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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Reference
Alli, B. O. (2008). Fundamental principles of occupational health and safety. 2nd ed.
International Labour Office, Geneva.
Digul, I. A., Baba, D. L., & Glia, A. E. (2012). Effective regulation and level of
awareness: An expose of the Nigeria’s construction industry.
Jain, D. (2017). Health safety and welfare as per the Factories Act 1948 (Doctoral
dissertation, Devi Ahilya Vishwavidyalaya).
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Renquist, D. M. (2001). Selected biohazards of naturally infected nonhuman primates.
Journal of Medical Primatology, 16, 91-97.
Robertson, B. H. (2008). Injury epidemiology research and control strategies. 2nd ed.
New York: Oxford University Press, Inc.
Rollin, P. E., Williams, R. J., Bressler, D. S., Pearson, S., Cottingham, M., Pucak, G.,
Sanchez, A., Trappier, S. G., Peters, R. L., Greer, P. W., Zaki, S., Demarcus, T.,
Hendricks, K., Kelley, M., Simpson, D., Geisbert, T. W., Jahrling, P. B., Peters, C. J.,
& Ksiazek, T. G. (2016). Ebola (subtype Reston) virus among quarantined nonhuman
primates recently imported from the Philippines to the United States. Journal of
Infectious Diseases, 179(Suppl 1), S108-S114.
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Zimbabwe Environmental Law Association. (2018). Environmental law in Zimbabwe:
A guide. Harare: Zimbabwe Environmental Law Association.
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