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 enforcement, supervision, 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/).
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