Health and Safety
Under Constitution, every employee is entitled to just, equitable and satisfactory conditions of work.
In accordance with the Labour Act, the employer cannot compel any employee to work under any conditions or situations which are below those prescribed by law or by the conventional practice of the occupation for the protection of such employee’s health or safety.
It is a duty of an employer to ensure safety and health of workers by adopting measures and procedures required in the workplace.
Workers must also comply with the OSH related requirements and take reasonable steps to protect their own safety and health.
Source: §65(4) of the Constitution of Zimbabwe; §6(1)(d) & 65(4) of the Labour Act 1985; Third Schedule of the National Social Security Authority (Accident Prevention and Workers' Compensation Scheme) Notice, 1990 (S.I. 68 of 1990)
In accordance with the Factories and Works (General) Regulations , it is obligatory for an employer to supply, free of charge, and maintain in good condition, adequate protective clothing and appliances, as may be required by the inspector, including head-covering, gloves, leggings, foot-wear, eye-protection and protective ointments of a type approved by the inspector, to each employee who is exposed to wet or dusty, cold or hot conditions, or to any poisonous, corrosive or other dangerous substances.
The employer must also supply, free of charge, and maintain in good condition, suitable goggles or face-shields and respirators to all employees engaged in operations which expose them to glare, the danger of a foreign body entering the eye or any other dangerous substance liable to cause injury or disease.
In accordance with Statutory Instrument 68 of 1990, it is also the duty of the employer to ensure that equipment, protective devices, safety measures or health services as may be prescribed, are provided and maintained in good condition.
Source: §8 of Factories and Works (General) Regulations 1976; Third Schedule of the National Social Security Authority (Accident Prevention and Workers' Compensation Scheme) Notice, 1990 (S.I. 68 of 1990)
An employer is required to provide written instructions on safety measures in a manner or language understood by the majority of workers. Similarly, it requires that workers should be provided with the safety training and get released to attend such training during working hours and at an employer's expense. It is obligatory for an employer to provide information, instruction and supervision to a worker to protect his/her health and safety. However, there is no clear provision in the law requiring employer to provide training periodically to new workers once they start working.
Source: Third Schedule of the National Social Security Authority (Accident Prevention and Workers' Compensation Scheme) Notice, 1990 (S.I. 68 of 1990)
Labour Inspection System
Inspections are carried out by the Labour Inspectorate from Ministry of Labour. The inspections are carried out in terms of Statutory Instrument 154 of 2003 and the Labour inspector will complete an inspection form which will be signed by both the Labour inspector and the employer representative. However, the labour
Inspection system is not in accordance with the provisions of C081.
The Factories and Works Act requires inspectors to ascertain whether the provisions of the Act are being complied with, to enter any factory or any premises where structural work is being performed or a lift or elevator is installed and make such examination and inquiry as necessary.
The legislation authorises inspectors to issue notices to a local authority where they find any act or default in relation to any drain, sanitary convenience, water supply, lighting, ventilation, nuisance or other matter in a factory which is liable to be dealt with by the local authority.
Source: §4-6 of the Factories and Works Act; Statutory Instrument 154 of 2003
Regulations on Health and Safety
Labour Act, 2005
Factories and Works (General) Regulations,1976 Statutory Instrument 263 of 1976