WELCOME YOU ALL TO MY NEW BLOGS

Visiting this blog will help you to learn more about the laws of Tanzania and its related matters.

Saturday, February 25, 2012

The Occupational Safety and Health Act, No. 5 of 2003



The Occupational Health and Safety Act came into force on 1st August 2003. It is an Act to make further provisions for securing the safety, health and welfare of person at work; it protects others against risks to safety or health in connection with the activities of persons at work.[1]
The Act provides the promotion, co-ordination, administration and enforcement for occupational safety and health. The Act places certain duties on employers, employees, self-employed persons, manufacturers, designers and suppliers.[2] It also places emphasis on the prevention of accidents, ill health and injury.[3] The long term goal of the Act is to create a healthy and safe working culture among all Tanzanian employees and employers.
The Act apply to factories and all other work places,[4] and for this purpose work place is defined to mean:-
“Means any premises or place where a person performs work in the course of his employment[5]

The Act is divided into ten parties; where part one (section 1-3) provides preliminary provisions; part two (section 4-14) provide for administration of the Act especially appointment of chief inspector inspectors and other officials, powers of inspectors as well as functions of authorities tasked with the administration of the act. Part three (section 15-23) provide for provisions governing registration and procedures for registrations of factories and or workplaces; part four (section 24- 53) provide for safety provisions; part five (section 54- 59) contain health and welfare provisions and part six (section 60 - 65) provide for Safety special provisions. Moreover part seven which ranges from section 66 to 72 provide for hazardous materials and processes; part eight section 73 – 76) provide for chemicals provisions and part nine which ranges from section 77 to 88 provide for offences, penalties and legal proceedings. The last part (section 89 -110) provides for miscellaneous provisions such as power of the minister to make regulations, general duties of employers and employees and power of the minister responsible to incorporate health and safety standard in rules, regulations or orders.
However up to now the Act is not well known by many Tanzanian even employees and employers who are the main people the Act is exactly made for. 
The task of enforcementsupervision, promotions and implementation of the Act is put on the Occupational Health and Safety Authority (OSHA). This is an executive agency established in 2001 by the Ministry of Labour under the Executive Agency Act
The Occupational Health and Safety Authority (OSHA)
As already stated OSHA is an executive agency established in 2001 by the ministry of labour under the Executive Agency Act,[6] with a view to ensure health and safety of workers and their safe working environment in more effective and efficient manner. OSHA established with the aim of improving occupational health and safety practices for the well being of workers at work places in order to reduce accidents and occupational diseases and ultimately attain better productivity.
OSHA is headed by the Chief inspector who is assisted by other inspectors and officers appointed under section 5 of the Act. Before its establishment, the agency was working as a separate entity under the department of labour called “Factories Inspectorate” which has been in operation since 1952.
The Agency’s main task is to improve working condition and ensure safety in different work places with the type of Personal Protective Equipment (PPE) depending on the type of hazards available in particular workplace.
This is a short analysis of the OSHA(for more information visit the agency website at http://www.osha.go.tz/).







[1] Opening remark to the Act
[2] Part III – VIII of the Act
[3] Ibid.
[4] ibid
[5] Ibid
[6] Act No 30 of 1997


For more information read the whole Act at  http://www.parliament.go.tz/Polis/PAMS/Docs/5-2003.pdf 

No comments: