TUMAINI UNIVERSITY DAR ES SALAAM COLLEGE (TUDARCo)

SCHOOL OF LAW AND JUSTICE (SOLJU)

RESEARCH REPORT

ON

AN ANALYSIS ON THE EFFECTIVENESS OF THE OCCUPATIONAL

HEALTH AND SAFETY ACT, 2003 IN PROTECTING WORKERS
AGAINST UNSAFE WORKING ENVIRONMENT; THE ROLE OF
OCCUPATIONAL SAFETY AND HEALTH AUTHORITY

PREPARED

BY

JULIETH L. KASIGARA

REG No: TU/DARCO/LLBE/020/374

UNDER SUPERVISION OF:

MR. PHARES

Compulsory Research Proposal to be submitted in Partial Fulfillment for the

Requirements of the Awards of Bachelor Degree of Laws (LLB) of Tumaini
University Dar es Salaam College (TUDARCo)

JUNE, 2023
1
 CERTIFICATION

The undersigned certifies that we have read and hereby recommend for acceptance

by the Tumaini University Dar es salaam College a report entitled: “An Analysis on

The Effectiveness of The Occupational Health and Safety Act, 2003 In Protecting

Workers Against Unsafe Working Condition; The Role of Occupational Safety And

Health Authority”, in fulfillment of the requirement for awards of the Degree of

Bachelor of Laws (LLB) of Tumaini University Dar es salaam College.

Signature…………………………….………...

(Mr. PHARES)

(Supervisor)

Date………….………………

1
 DECLARATION

I, Julieth L. Kasigara, do hereby declare that this is my work and it has not been

submitted for a similar or any other degree in any other university.

Signature ………………………..…………

(Student)

Date………………………….

2
 COPYRIGHT

This work is a copyright material. All rights are reserved and protected under the

Berne Convention, the Copyright and Neighboring, Act No. 7 of 1999 and other

International and National Laws, in that behalf, on intellectual property. No part of

this work may be reproduced, stored in any form or by any means, including

photocopying, recording and mechanical electronic or otherwise, except for short

extracts in fair dealing, for research or private study or critical scholarly review or

discourse with acknowledgment, without prior written permission of the Author or

Tumaini University, School of Law and Justice in that behalf.

@2023

Julieth L. Kasigara

All Rights Preserved.

3
 DEDICATION

I dedicate this research work to my loving, Father and Mother for being my pillars of

courage and giving me confidence to take the path by believing in my ability to

accomplish anything, being there as my sore motivator, encourager and my prayer

worrier throughout the journey of my studies.

I dedicate this work also to my family, sisters and brothers for having my back all

throughout my school journey from the first day. Moreover, to my friends and

relatives who have helped me in different ways to accomplish this work.

4
 ACKNOWLEDGEMENTS

The successful completion of this research could not have been possible in absence

of valuable contributions made by several persons and institutions. The list of those

who supported me, in one way or another, is long, and due to space and time

constraints, I would like to say thanks to all of you. However, in exception would

like to thank the following individuals and the administrative bodies of different

institutions for their various contributions:

To God Almighty for granting me good health thus enabling me to complete my

research. Supervisor, Mr Phares for his continued support and guidance in the

preparation of this work. The School of Law and Justice, Admission Office for

providing me with necessary requirement for the enablement of the completion of

this research.

Legal officer Gidion N. James, for his unconditional support and encouragement. To

my colleagues at the LLB III class for their love and exceptional the support from my

brother, Mr Ismail Malima for his unconditional support.

May the Almighty, God Bless you All.

5
 ABSTRACT

This study aimed to analyze the effectiveness of the Occupational Health and Safety

Act, 2003 in protecting workers against unsafe working conditions and the role of the

Occupational Safety and Health Authority (OSHA) in enforcing the act. The research

used a mixed-method approach, utilizing documentary methods of data collection

and field research through interviews with workers and OSHA officials. The findings

of the study indicated that the OHS Act has been effective in reducing workplace

fatalities and injuries, but there is still room for improvement in addressing

psychosocial hazards and ensuring compliance with the act.

The study also found that OSHA plays a critical role in enforcing the act, but there

are challenges in terms of limited resources and political interference. Based on the

findings, the study recommends strengthening OSHA's enforcement capacity and

increasing awareness among workers and employers about their rights and

responsibilities under the OHS Act.

6
 LIST OF ABREVIATIONS

OSHA- Occupational Safety Health Authority

OSH Act- Occupational Safety Health Act

GN - Government Notice

S.I. - Statutory Instrument.

Pg. - page

HCD- High Court Digest

TLR- Tanzania Law Report

CoA - Court of Appeal

GePG - Government Electronic Payment Gateways

HC - High Court

ICT - Information and Communication Technology

JoT - Judiciary of Tanzania

R. E - Revised Edition

TanzLII - Tanzania Legal Information Institute

ELRA - Employment and Labour Relation Act

CMA- Commission for Mediation and Arbitration

HCDL- High Court Division of Labour

7
 LIST OF STATUTES

Domestic Laws

The Constitution

The Constitution of United Republic of Tanzania, Cap 2 R.E 2002

Principal Legislations

The Occupational Safety and Health, Act of 2003

The Employment and Labor Relations Act, [Cap 366 R.E 2019]

The Labor Institutions Act, [Cap 300 R.E 2019]

The Workers' Compensation Act, [Cap. 263 R.E. 2019]

International Instruments

The African Charter on Human and People’s Rights, 1981

International Labor Organization (ILO) Convention, 2011

Universal Declaration of Human Rights, 1948

International Covenant on Civil and Political Rights, 1966

8
 TABLE OF CONTENTS

CERTIFICATION...............................................................................................................

DECLARATION...............................................................................................................

COPYRIGHT....................................................................................................................

DEDICATION..................................................................................................................

ACKNOWLEDGEMENTS...............................................................................................

ABSTRACT......................................................................................................................

LIST OF ABREVIATIONS.............................................................................................

LIST OF STATUTES.....................................................................................................

CHAPTER ONE................................................................................................................

GENERAL INTRODUCION............................................................................................

1.1 Introduction..................................................................................................................

1.2 Background of the Study..............................................................................................

1.3 Statement of the Problem.............................................................................................

1.4 Objective of the Study..................................................................................................

1.4.1 General Objective......................................................................................................

1.4.2 Specific Objectives....................................................................................................

1.5 Research Hypothesis....................................................................................................

1.6 Significance of the Study.............................................................................................

1.7 Literature Review.........................................................................................................

1.8 Research Methodology...............................................................................................

1.8.1 Research Design......................................................................................................

1.8.2 Method of data collection........................................................................................

9
1.8.2.1 Primary Data Collection Methods........................................................................

1.8.2.2 Secondary Data Collection Methods....................................................................

1.9 Scope of the Study......................................................................................................

1.10 Data Analysis...........................................................................................................

1.11 Limitation of the Study............................................................................................

1.12 Chapterization..........................................................................................................

CHAPTER TWO..............................................................................................................

LEGAL AND INSTITUTION FRAMEWORK..............................................................

2.0 Introduction................................................................................................................

2.1 Legal Framework.......................................................................................................

2.1.1 Domestic Legal Framework....................................................................................

2.1.1.1 The Constitution of United Republic of Tanzania, Cap 2, 1977..........................

2.1.1.2 The Occupational Health and Safety Act of 2003................................................

2.1.1.3 The Employment and Labor Relations Act, [Cap 366 R.E 2019]........................

2.1.1.4 Labor Institutions Act, [Cap 300 R.E 2019]........................................................

2.1.1.5 The Workers' Compensation Act, [Cap. 263 R.E. 2019].....................................

2.2 Regional Legal Framework........................................................................................

2.2.1 The African Charter on Human and People’s Rights, 1981....................................

2.2.2 International Labor Organization (ILO) Convention, 2011....................................

2.2.3 Universal Declaration of Human Rights, 1948.......................................................

2.2.4 International Covenant on Civil and Political Rights, 1966....................................

2.2.5 Institutional Framework..........................................................................................

2.2.6 The Occupational Safety and Health Authority (OSHA)........................................

2.2.7 Tanzania Labor Commissioner...............................................................................

10
2.2.8 Labor and Employment Courts...............................................................................

2.2.9 International Labor Organization (ILO)..................................................................

2.2.10 United Nations Global Compact...........................................................................

2.3 Conclusion..................................................................................................................

CHAPTER THREE..........................................................................................................

DATA FINDINGS, ANALYSIS AND DISCUSSION...................................................

3.0 Introduction................................................................................................................

3.1 Research Findings......................................................................................................

3.1.1 Employers and Employees Comply with the Requirements of the Law.................

3.1.2 Challenges Facing OSHA in the Discharge of Its Duties towards Protecting........

3.1.3 Are the Workers Aware of the Occupational Health and Safety Requirements.....

3.1.4 Do Employers and Employees Comply with The Requirements Of The Law?.....

3.1.5 Are The Workers Aware of The Occupational Health and Safety

Requirements?..................................................................................................................

3.1.6 The Legal and Policy Implications..........................................................................

CHAPTER FOUR............................................................................................................

CONCLUSION AND RECOMMENDATION...............................................................

4.0 Introduction................................................................................................................

4.1 Summary of the Major Findings................................................................................

4.2 Conclusion..................................................................................................................

4.3 Recommendations......................................................................................................

4.3.1 Recommendation to Occupational Health and Safety Authority............................

4.3.2 Recommendations to Occupational Health and Safety Act....................................

4.3.3 Recommendations on the Employer and the Employees........................................

11
BIBLIOGRAPHY............................................................................................................

12
 CHAPTER ONE

GENERAL INTRODUCTION

1.1 Introduction

According to the International Labour Organizations (ILO) report of 2011 1 , it is

estimated that 2.34 million people died from work-related accidents or diseases.

Thus, the promotion of Occupational Health and Safety encompasses provision and

maintenance at the highest degree of safe and healthy working conditions and

environment.2 This is prerequisite for the facilitation of optimal social, mental and

physical wellbeing of workers at workplaces as well as safety of property.3

Occupational health and safety services are important for sustainable development of

a country, as they reduce occupational accidents and diseases which can have huge

economic burden to individuals, enterprises and the nation as whole. 4 Improving

health and safety of workers will significantly increase productivity at the

workplaces to encourage more investments, increase job creation, higher morale, and

job satisfaction hence industrial harmony.

Diseases and illnesses due to occupational hazards are other issue of concern among

workers in many workplaces. New stress factors as a consequence of technological

development and work organization add further burden to the health of workers.

Hence despite of having laws and institution in place, still workers are working in a

1
ILO Introductory Report: Global Trends and Challenges on Occupational Safety and Health of 2011
2
Wachter, K., &Yorio, L. (2014). A system of safety management practices and workers engagement
for reducing and prevention accidents: An empirical and theoretical investigation. Accident Analysis
and Prevention, 68, 117 130
3
Ibid
4
United Republic of Tanzania (URT). (2010). the national occupational health and safety Policy.
Ministry of Labour, Employment and Youth Development.

1
dangerous situation without proper adherence to the requirement set out in the law on

safety and health at workplace. Thus, the researcher proposes to assess on the

effectiveness of the laws and practice in relation to occupation health and safety in

mainland Tanzania.

1.2 Background of the Study

Since independence in 1961, occupational health and safety standards in Tanzania

were provided for by5 during that time the emphasis on occupational health and

safety was centered on factories alone6. However, there were no policy and

appropriate programs to enhance promotion of occupational health and safety at

other workplaces. After nationalization in 1967, most of the factories were owned

and managed by the Government. Enforcement of occupational health and safety

standards was not effective due to the fact that the Government was playing the roles

of employer, enforcer and regulator.

Therefore, shortcomings in occupational health and safety were not well redressed.

After the introduction of privatization policy in 1990s most of the factories were

privatized. The management which took over did not consider occupational health

and safety matters as important as other production goals, particularly financing of

accident prevention.7 The privatization process introduced new and diverse

technologies which added more challenges in the field of occupational health and

safety while standards remained the same.

5
The Factories Ordinance Cap. 297 of 1950.
6
National Audit Office of Tanzania (NAOT). (2013). A Performance Audit Report on the
Management of Occupational Health and Safety in Tanzania.
7
Wells, J., & Jason, A. (2010). Employment Relationships and organizing strategies in the informal
construction sector. African Studies Quarterly, Volume 11(Issues 2 & 3).

2
In view of this shortcoming, the Government through Public Service Reform

Programme (PSRP) established Occupational Safety and Health Authority (OSHA)

under8. OSHA was officially launched on the 31st August, 2001, the aim of the

Agency is to improve the health and safety of workers at all workplaces through

enforcement and promotion of occupational health and safety practices. 9

Improvement of health and safety at work reduces accidents and occupational

diseases, which ultimately achieves better productivity.

The establishment of the Agency was followed by enactment of the Occupational

Health and Safety Act in the year 2003 to repeal the Factories Ordinance. This Act

broadened the scope of application to cover all workplaces. Occupational health and

safety matters are cross cutting and therefore need holistic approach in their

management. However, despite of having laws and institution in place, it has

revealed in the contemporary societies specifically in industrial areas workers

working in a dangerous situation without proper adherence to the requirement set out

in the law on safety and health at workplace. Thus, the researcher proposes to assess

on the effectiveness of the laws and practice in relation to occupation health and

safety in mainland Tanzania.

1.3 Statement of the Problem

The right to work enriched under Article 22 (1) and (2) 10.It has supplementary rights

thereto established by other Acts of parliament. Among others include the

8
The Executive Agency Act No. 30 of 1997
9
Yusuf, M., et al (2012). The influence of occupational safety and health on performance with job
satisfaction as intervening variables (Study on the production employees in PT. (April 2008), 136–
140. doi.org/10.5923/j.economics.20120001.30
10
The Constitution of United Republic of Tanzania, 1977 As Amended Time to Time.

3
Occupation Health and Safety Act, 2003. Which provide right to work in a safe

environment for workers and thereto impose obligations to the employer to ensure

that there is safe condition of working to the work place.

In particular Section 4311 provides obligation of having safe working places. Since

there is in place the Occupational Safety and Health Authority (OSHA) striving to

make sure that the health of the workers is well protected against any hazardous

environment through the Occupational Health and Safety Act. For example, OSHA

has limited resources to inspect all workplaces, and this can lead to legal challenges

from employers who argue that they were not given adequate notice or time to

correct any violations.

However, despite of having laws and institution in place, it has revealed in the

contemporary societies specifically in industrial areas workers working in a

dangerous situation without proper adherence to the requirement set out in the law on

safety and health at workplace. For examples same workers are working without

safety instruments like gloves, and covers and other necessary protective

instruments. Thus, the researcher proposes to assess on the effectiveness of the laws

and practice in relation to occupation health and safety in mainland Tanzania.

1.4 Objective of the Study

i. The study will have both general objective and specific objective as follow;

1.4.1 General Objective

i. To analyses the effectiveness of the Occupational Health and Safety Act,

2003 in protecting workers against unsafe working conditions

11
The Occupation Safety and Health Act, 2003

4
1.4.2 Specific Objectives

i. To examine the legal and institutional framework governing occupational

health and safety at working places.

ii. To examine the effectiveness of the Occupational Health and Safety Act,

2003 in protecting workers against unsafe working condition.

iii. To recommend necessary measures to be taken by responsible authority at

harmonizing the problem.

1.5 Research Hypothesis

i. What is the legal and institutional framework governing occupational health

and safety at working places

ii. Whether the Occupational Health and Safety Act, 2003 is effective in

protecting workers against unsafe working condition.

iii. What should be taken into consideration by responsible authority at

harmonizing the problem

1.6 Significance of the Study

The study will play an important role toward the law commission which primarily

seek to enquire on the effectiveness of the law enacted by the parliament and if such

law is not properly effective the commission recommends on its amendment. Thus,

this study anticipate to bring. On other hand the study will bring a concern of

knowledge to be used as references in the legal discipline under the sense that when

other learned brothers and sisters had to research on related topic the study will be

used as reference point.

5
More importantly the study will save as electrical tube light on the mid night as it

will enlighten all the rights that the law confers to the workers specifically right to

work under safe environment pursuant to the requirement set out under the

Occupational Health and Safety Act, 2003. Under that regard the study also

anticipates to bring strategies that the relevant authority may invoke to ensure that

the law is properly implemented at the work places.

1.7 Literature Review

Aloyce G., et al, (2022)12opined that; the management of Occupational Health and

Safety (OHS) on construction sites continues to be an area of concern. Workers have

continued to be blamed for unsafe behavior, contributing to the increase in the

number of accidents on construction sites. Although various legislative acts

enforcing Health and Safety (HS) exist, incompliance with such legislation is

evident.

The authors further recommended that the need to establish an inclusive safety

management system that accommodates the main contractors, managers, and

workers. Moreover, a review of the current OHS (building and construction) rules is

recommended to recognize the precariat-informal construction workers, who are the

main players on construction sites. Despite of good argument advanced by the

authors it is on view of the researcher that the study at hand focus on the

effectiveness of the law in protecting workers against unsafe working condition by

12
Aloyce G., et al, (2022) Occupational Health and Safety in Tanzanian Construction Sector:
Incompliance, Informality, and Power Relations; PanAfrican Journal of Governance and
Development, Vol. 3, No. 1,

6
assessing the legal role of the occupational health and safety authority in Tanzania

mainland.

Jeschke, K. N., et al (2021)13.Have considered how managers and workers interact

on-site, as well as the direct and indirect leadership practices of site managers, and

have tried to understand the social cognitive process of construction workers. The

study emphasizes the importance of other factors, such as construction site managers,

foremen, and supervisors, promoting compliance to safety. Other factors, external to

the workers, contribute to accidents and fatalities on sites, including attitudes to and

habits of incompliance with safety regulations, poor supervisor-worker cooperation,

a non-participative style of supervision and management turning a blind eye to

safety. This demonstrates that it is not only the workers that influence the occurrence

of accidents, since other factors, such as management's commitment to enforcing

safety on-site, could perhaps reduce the extent of the problem.

Under that regard above the authors have discussed vital issues around work place

that contributes to accident and other work-related injuries, but on the side of this

study at hand the researcher looks forward to enquire on the effectiveness of the

Occupational Health and Safety Act in protecting workers against unsafe work place

and also to assess the role of Occupational Health and Safety Authority.

13
Jeschke, K. N., et al (2021). Complaining about occupational safety and health: a barrier for
collaboration between managers and workers on construction sites. Construction Management and
Economics, 396, 459 474.

7
Kessy, S. A, (2021)14 discussed that; Work related injuries, damages of properties,

diseases and death are increasing. They are caused by working tools, environment or

human actions which are used in the production activities. In this regard, there is a

need to come out with measures to address the problem, through which workplace

hazards can be reduced. The current study therefore assessed the roles of

occupational health and safety management system in reducing workplace hazards.

Specifically, the study identified the roles of occupational health and safety

management guidelines, programmes and administrations in reducing workplace

hazards.

The study further recommend that companies have to administer, use and implement

appropriate occupational health and safety policies, guidelines and programmes so as

to reduce accidents, injuries, damages of properties and work-related diseases. On

this literature the knowledge gap is as usually from the previous one on the sense that

the author on focus on causes of work-relatedaccident at workplace however this

study at hand will assess the effectiveness of the law and the role played by

responsible institution in protecting workers against unsafe work place.

Manyele, S. V, et al (2008) 15. Argued that; Manufacturing companies in Tanzania

are regarded as the dangerous sector. This is because the nature of work in all

manufacturing company is associated with temperature, pressure, vibration,

movement, noise, chemical and turmoil. Each of these affects’ employees and
14
Kessy, S. A, (2021) The Roles of Occupational Health and Safety Management System in Reducing
Workplace Hazards in Tanzania Manufacturing Industries; University of Dar es Salaam Library
Journal Vol 16, No 2, pp 70-88. Available at https://dx.doi.org/10.4314/udslj.v16i2.6 accessed on 8th
April 2023
15
Manyele, S. V, et al (2008). The status of occupational safety among health service providers in
hospitals in Tanzania. Tanzania Journal of Health Research, 10(3), 159–165

8
organizations in one way or another. For example, there are physical, ergonomic,

psychological, chemical and biological effects that occur to employees and damages

infrastructure of the organization.

In view of the author the study at hand finds a loophole on the carryout of this study

at hand specifically on the effectiveness of the law relating to occupational health

and safety in protecting worker against unsafe work place.

Zubar A. H., et al (2016)16analyzed the occupational health and safety management

system in manufacturing industries in India. The data were collected by using a

mailed questionnaire and a framed questionnaire. The study analyzed health

management, safety management, motivation, leadership, training, welfare facilities

and accident statistics. Furthermore, the study analyzed occupational health and

safety policy, organization and administration, hazards control and risk analysis,

monitoring, and reporting measures taken in controlling hazards.

The study among other things revealed that most of the industries and enterprises

Endeavor to implement, coordinate and maintain health and safety in their

organizations and work premises. The findings further revealed that motivation, good

leadership and training to employees increase commitment and responsibility of

workers and reduce workplace hazards. Moreover, welfare facilities, policy and

administration are elements and components in occupational health and safety

management system for reducing workplace hazards in enterprises and

manufacturing industries.

16
Zubar A. H., et al (2016). Occupational health and safety management in manufacturing industries.
Journal of Scientific and Industrial Research, 73, 381–386

9
Mrema, E. J., et al (2015)17.Describe the status of occupational health and safety in

Tanzania and outline the challenges in providing occupational health services under

the state of expanding economies in Tanzania. The study revealed that workers were

exposed to workplace hazards and hence suffered from illnesses and injuries. This is

because present regulations, laws, policies and programmes are not adequately

implemented. Also, the study observed that most of workers in manufacturing

companies in Tanzania are not covered by occupational health and safety services.

Furthermore, the study pointed out that most of the manufacturing companies in

Tanzania are still lacking occupational health and safety services due to poor

technology, ineffective institutions framework that deal or implement occupational

health and safety issues.

Mensah, J. (2016)18. Opined that management of occupational health and safety at

workplace should apply all means to ensure that accidents, injuries and work-related

diseases are minimized. This is because they cost employees, organizations,

communities and the nations at large. Despite of good point advanced by the author

the study at hand will in rue deal with the effective of the law governing occupational

health and safety at workplace also the study will assess the role played by the

relevant organ or authority empowered to implement the law in aspect of

17
Mrema, E. J., et al (2015). Status of occupational health and safety and related challenges in
expanding economy of Tanzania. Annals of Global Health, 81(4), 538–547.
doi.org/10.1016/j.aogh.2015.08.021
18
Mensah, J. (2016). Occupational health and safety and organizational commitment: Evidence from
the Ghanaian mining industry. Safety and Health at Work, 7(3), 225–230.
doi.org/10.1016/j.shaw.2016.01.002

10
occupational health and safety related cases in mainland Tanzania. Thus makes a

knowledge gap between the literature and the study at hand.

1.8 Research Methodology

The study will employ empirical method under the sense that the researcher will

apply both primary and secondary methods of data collections. On primary method

the researcher will apply interview, questionnaires and observation methods direct

from the field by invoking such methods to relevant respondents. Also, in regard to

secondary method the researcher will pass through different books, journals, articles,

reports and electronic sources on aspect of occupational health and safety at the work

place.

1.8.1 Research Design

The research will employ descriptive design where it will describe information as

they are present to date. Also it will underlines international legal instruments as well

as domestic legal instruments. Under the sense that it simplifies the collection of data

thoroughly concerning the problem under the study looking on how the matter is

persisting in the society.

1.8.2 Method of data collection

1.8.2.1 Primary Data Collection Methods

Since the study employs empirical or practical method under that consideration

primary data method will be suitable. Thus, the researcher will use interview,

questionnaires, and observation, all of those methods in primary method of data

11
collection are important under the sense that they help the researcher to get

information direct from the field.

1.8.2.2 Secondary Data Collection Methods

Secondary method of data collection will be used to obtain data or information from

various literatures like books, journals, articles and online sources concerning

occupational health and safety at working place.

1.9 Scope of the Study

The study will delimit within the area of Tanzania mainland, especially in the city of

Dar es salaam where there is many industries and organization which involve a lot of

workers who are very essential on the accomplishment of this study at hand. Also,

the study will direct itself on the ambit of the Occupational Health and Safety Act,

2003.by investigating its effectiveness at the working places.

1.10 Data Analysis

The researcher will use qualitative data analysis as a process in which data that will

be collected as part of research study will be moved and used to provide

explanations, understanding and interpretations of phenomena, people, and

situations. The researcher will use this type of data analysis because it is more

detailed.

1.11 Limitation of the Study

Due to various companies and offices exist, it can be unfeasible for the scope of the

study to cover all respondents available. In same occasions the employers guide their

labor in the manner that, they are not allowed to provide any information describing

12
their views (grievances) about their employment. Labors are normally busy therefore

it can be difficult for them to have time responding to the researcher’s questions.

1.12 Chapterization

The study shall be organized into five chapters where by chapter one will be covered

by introduction, background of the study, statement of the problem, objective of the

study, research questions, significance, literature review, research methodology and

chaptalization of the study. Chapter two be on conceptual framework, chapter three

will analyze the legal and institutional framework of the study, chapter four shall

base on presentation, analysis and discussion of the findings and lastly the study shall

end up with conclusion and recommendations of the study on chapter five.

13
 CHAPTER TWO

LEGAL AND INSTITUTION FRAMEWORK

2.0 Introduction

The legal and institutional framework governing occupational health and safety in

Tanzania is governed by several laws and regulations. Both domestic and

international instruments which provides for right of workers to work in safe

workplace
environment and access all the safety requirement in the as follows

2.1 Legal Framework

2.1.1 Domestic Level

2.1.1.1 The Constitution of United Republic of Tanzania, Cap 2, 1977 R.E 2002

The constitution of a country is regard as mother law of the land where all of the

basic rights and duties are provided.19 Thus, in relation to workers or right to work

the Constitution under Article 1820 among other thing provides for the right to work,

including the right to fair treatment in employment and against exploitation. Under

that regard it is vivid that the constitution ensures the right to work with their

supplementary rights thereto; among others including right of protection against

discrimination in the workplace also among other thing constitution provide under

Article 1121. Right to health, also workers among other thing are entitled to work

under good condition which support their wellbeing.

19
SHIVJI, Issa, et al (2004), Constitutional and Legal System of Tanzania, Dar es Salaam:
MkukinaNyota Publishers, p. 92.
20
The Constitution of United Republic of Tanzania, Cap, 2, 1977 As Amended
21
Ibid

14
2.1.1.2 The Occupational Health and Safety Act of 2003

The Act is the primary law that governs occupational health and safety in Tanzania.

The Act aims to ensure that workers are protected against unsafe working conditions

and that employers provide a safe working environment for their employees. The Act

also establishes the Occupational Safety and Health Authority (OSHA), which is

responsible for enforcing the Act's provisions.

The effectiveness of the Occupational Health and Safety Act in protecting workers

against unsafe working conditions has been a subject of debate. While the Act

provides a legal framework for ensuring workplace safety, its implementation has

been hindered by a lack of resources, inadequate training of inspectors, and limited

awareness among workers and employers.

OSHA plays a crucial role in ensuring the effective implementation of the Act. The

authority is responsible for conducting workplace inspections, investigating

accidents, and enforcing compliance with the Act's provisions. However, OSHA

faces several challenges, including limited resources, inadequate staffing, and

insufficient training of inspectors. Its effectiveness in protecting workers against

unsafe working conditions remains a challenge. The government needs to allocate

more resources to OSHA to enable it to carry out its mandate effectively.

Additionally, there is a need for increased awareness among workers and employers

on the importance of workplace safety.

2.1.1.3 The Employment and Labor Relations Act, [Cap 366 R.E 2019]

The ELRA is the primary law that governs employment relations in Tanzania and

sets out the minimum standards for employment agreements, termination of

15
employment, remuneration, job security, and non-discrimination. Specifically, the

provisions of the ELRA that apply to workers without employment contracts include:

General provisions: Under Section 122, all workers in Tanzania are entitled to

minimum employment standards, regardless of their employment status. As the

provision of Section 1823 requires employers to provide written employment

contracts to their workers, including specific terms and conditions of employment.

Under that regard Section 1224 mandates that all workers have a right to receive fair

remuneration.

Furthermore, The ELRA provides for the right to fair termination procedures, dispute

resolution, and protection against arbitrary termination of employment. Henceforth,

Section 14A25 provides for the protection of workers against unfair dismissal or

termination of employment. Also, The ELRA prohibits discrimination in

employment on the basis of race, gender, religion, and other grounds.

2.1.1.4 Labor Institutions Act, [Cap 300 R.E 2019]

The Act, is one of the key laws that regulate the labor market in Tanzania, which

provides for employment contracts in the country. Section 18 26 stipulates that every

employer is required to enter into an employment contract with each employee,

whether the employment is full-time, part-time, or casual. If the maximum duration

of the employment contract is six months, an employer is not required to provide a

written contract. Instead, a verbal agreement may be established. But each party must

22
The Employment and Labor Relations Act, [Cap 366 R.E 2019]
23
Ibid
24
Ibid
25
Ibid
26
Labor Institutions Act, [Cap 300 R.E 2019]

16
keep a record of the terms of the agreement and, if and when requested, be able to

produce for inspection by an authorized labor officer.

It is worth noting that the Labor Institutions Act provides for the establishment of

labor institutions, such as labor unions, employer associations, and labor courts.

These institutions aim to regulate employment relationships, provide social security

benefits, and settle disputes that arise in employment contracts. The Labor

Institutions Act plays an essential role in regulating employment contracts in

Tanzania by ensuring that all employers provide their employees with written

contracts. This regulation helps to protect both employers and employees in the

employment relationship and provides a basis for resolving any disputes that may

arise.

2.1.1.5 The Workers' Compensation Act, [Cap. 263 R.E. 2019]

The Act provides a framework for how employment contracts are established and

regulated for public servants in the country. The Act sets out specific provisions that

govern the terms of employment contracts, which includes, Section 10 27that a person

appointed to the public service shall be issued with an offer letter. This offer letter

shall specify the terms and conditions of employment, including the remuneration

package and other benefits that shall be associated with the employment.

Further, Section 14.28Provides for a probationary period that each employee must

serve before the employment contract becomes permanent. The probationary period

should not exceed six months and must be specified in the employment contract.

Also, Section 17.29Stipulates that the termination of employment in the public service
27
The Workers' Compensation Act, [Cap. 263 R.E. 2019]
28
Ibid
29
Ibid

17
can only be done in accordance with the provisions of the law. The termination must

be based on specific grounds such as misconduct, poor performance, or redundancy,

and an employee has the right to appeal in case of a dispute.

Therefore, Section.30Provides for the renewal of contracts, which should be done

before the expiration of the current contract. The renewal of the contract is based on

the satisfactory performance of the employee and subject to availability of funds. It is

worth noting that the Public Service Act of Tanzania is specific to public service

employment and does not apply to employment contracts in other sectors.

2.2 Regional Level

2.2.1 The African Charter on Human and People’s Rights, 1981

The African Charter on Human and People's Rights (ACHPR) was adopted by the

African Union (AU) in 1981 and serves as the primary instrument for the promotion

and protection of human rights on the continent. The ACHPR recognizes, among

other things, the right to work and to work under safe environment in Article 15 31,

which declares that "Every individual shall have the right to work under equitable

and satisfactory conditions, and shall receive equal pay for equal work." The ACHPR

also stipulates that every individual has the right to join and form trade unions within

the framework of national legislation. The charter also guarantees the rights of

workers to form and join trade unions. Workers who are not employed under a

written contract can benefit from this provision to form unions and advocate for

better working conditions.

30
Ibid
31
The African Charter on Human and People’s Rights, 1981

18
In some African countries, the actual implementation of labor laws may be

inadequate. For example, some workers may not be issued a written employment

contract, which can limit their ability to enforce their rights and protect them against

exploitation by their employers. Additionally, some workers face obstacles in joining

or forming unions, or may face discrimination or harassment for attempting to

exercise their right to collective bargaining.

2.3 International Level

2.3.1 International Labor Organization (ILO) Convention, 2011

This is a convention concerning decent work for domestic workers, adopted by the

ILO in 2011. The convention seeks to ensure decent working conditions for domestic

workers who, in most cases, are not employed under a written employment contract.

Tanzania ratified this convention in 2017.The ACHPR's provision on the right to

work and to work under good environment is also complemented by the International

Labor Organization (ILO) Convention of 2011. The convention recognizes that all

workers should have access to decent working conditions and that labor rights should

be protected. The ILO convention also recognizes the right to work and to collective

bargaining, including the right to join and form trade unions.

The ILO convention provide a framework for the promotion and protection of labor

rights in Africa. However, the realization of these provisions is often limited by

challenges such as insufficient legal provisions, poor implementation of existing

laws, and inadequate enforcement mechanisms. Therefore, the ILO convention

establish the right to work and the right to be issued an employment contract and

promote collective bargaining as means to negotiate better working conditions.

19
However, the implementation of these provisions needs to be improved to ensure that

all workers are protected and enjoy decent working conditions without

discrimination or exploitation.

2.3.2 Universal Declaration of Human Rights, 1948

A milestone document in the history of human rights, the Universal Declaration of

Human Rights set out, for the first time, fundamental human rights to be universally

protected. Thus, under the provision of Article 23.32States that "Everyone has the

right to work, to free choice of employment, to just and favorable conditions of work

and to protection against unemployment." The declaration also recognizes the right

to form and join trade unions and the right to collectively bargain. Also, the

provision of Article 433 also recognizes the right to "protection against slavery and

forced labor." This provision aims to protect workers from being forced into work

without their consent or being subjected to exploitative working conditions. Also, the

declaration impliedly recognizes the right to work under safe and conducive

environment.

2.3.3 International Covenant on Civil and Political Rights, 1966

The Covenant is another international instrument that recognizes the right to work

and the right to an employment contract. For instance, under the provision of Article

634recognizes the inherent right to life, which includes the right to work and the right

to social security. Under the same line of thinking the provision of Article 8 35further

protects workers against forced labor. This provision mandates that no one shall be

32
Universal Declaration of Human Rights, 1948
33
Ibid
34
International Covenant on Civil and Political Rights, 1966
35
Ibid

20
held in servitude or slavery and that no one shall be required to perform forced or

compulsory labor.

Therefore, under this regards provisions on Right to Work and work under good

condition at the Workplace. Thus, various national legal frameworks have adopted

provisions that recognize the right to work and the right to work under safe

condition. For instance, the right to work and the right to work under safe

environment at the work place are fundamental human rights that have been

recognized under various international instruments, including the UDHR and the

ICCPR, and various national legal frameworks. These rights aim to protect workers

against exploitation and ensure that they are treated with dignity and respect in the

workplace. However, the full realization of these rights is often limited by challenges

such as inadequate legal provisions, poor enforcement mechanisms, and a lack of

awareness among workers. Therefore, it is important for governments, employers,

and workers to work together to promote these rights and ensure that they are fully

realized in practice.

2.4 Institutional Framework

In mainland Tanzania and at international levels, several institutions govern labor

working without employment contracts. These institutions have been established

through laws and regulations to protect the rights of workers and oversee various

aspects of safe working environment at the work place.

2.4.1 Domestic Level

21
2.4.1.1 The Occupational Safety and Health Authority (OSHA)

In Tanzania plays a critical role in ensuring that workers are working in good

working conditions. OSHA is responsible for enforcing the provisions of the

Occupational Health and Safety Act of 2003, which aims to protect workers against

unsafe working conditions and ensure that employers provide a safe working

environment for their employees.

Some of the functions of OSHA in ensuring that workers are working in good

working conditions include:

Conducting workplace inspections: OSHA conducts regular inspections of

workplaces to assess the safety and health conditions of workers. These inspections

are aimed at identifying potential hazards and risks that could cause harm to workers.

Investigating accidents: OSHA investigates workplace accidents to determine their

causes and prevent similar incidents from occurring in the future. The authority also

ensures that employers take appropriate measures to prevent accidents and injuries in

the workplace.

Enforcing compliance with the Act's provisions: OSHA ensures that employers

comply with the provisions of the Occupational Health and Safety Act. The authority

has the power to issue fines and penalties to employers who violate the Act's

provisions. Providing training and education: OSHA provides training and

education to workers and employers on workplace safety and health. The authority

also conducts awareness campaigns to promote workplace safety.

Collaborating with other stakeholders: OSHA collaborates with other stakeholders,

including trade unions, employers' organizations, and government agencies, to

promote workplace safety and health. OSHA plays a critical role in ensuring that

22
workers are working in good working conditions in Tanzania. The authority conducts

workplace inspections, investigates accidents, enforces compliance with the Act's

provisions, provides training and education, and collaborates with other stakeholders

to promote workplace safety and health.

2.4.1.2 Tanzania Labor Commissioner

The Tanzania Labor Commissioner is established under Section 3 36The

Commissioner's primary responsibility is to oversee the inspection of workplaces and

to ensure that employers comply with labor laws and regulations. The Commissioner

is also responsible for resolving labor disputes through mediation and arbitration.

2.4.1.3 Commission Mediation Arbitration (CMA)

The Commission for Mediation and Arbitration (CMA) is another regulatory

framework for labour matters in Tanzania. The CMA is a dispute resolution body

established under the Labour Institutions Act and is responsible for facilitating the

resolution of employment-related disputes through mediation or arbitration. The

regulatory framework for labour matters in Tanzania is provided for by the Labour

Institutions Act and the entities established under the Act, such as the CMA.

2.4.1.4 The High Court

The High Court of Tanzania has jurisdiction to hear and determine a wide range of

labour-related disputes, including wrongful dismissal, breach of contract, and

discrimination. The High Court has the power to make orders for reinstatement,

compensation, damages, injunctions, and other remedies to parties in a dispute. Thus,

the High Court of Tanzania plays a crucial role in the resolution of labour disputes,

36
Labor Institutions Act, [Cap 300 R.E 2019]

23
2.4.1.5 The Court of Appeal

The Court of Appeal hears appeals from the High Court and other subordinate courts.

In the context of labour disputes, parties who are dissatisfied with the decision made

by the High Court or subordinate courts may appeal to the Court of Appeal. Also,

The Court of Appeal has the power to review the decision made by the lower courts

to determine if there were any errors of law or procedure in the judgment. If the

Court of Appeal finds that the lower court made an error, it may set aside the

decision and substitute it with a new one. Thus, the decisions made by the Court of

Appeal may provide guidance and precedent on how labour laws should be applied

in specific cases, but it does not create new laws.

2.4.2 International Level

2.4.2.1 International Labor Organization (ILO)

The International Labor Organization (ILO) is a specialized agency of the United

Nations that aims to promote social justice and improve working conditions

worldwide. The ILO has set labor standards, including conventions such as

Convention on Decent Work for Domestic Workers (ILO Convention No. 189),

labour (ILO Convention No. 29), provide standards to protect workers' rights,

including workers who are working without employment contracts also it has issued

various recommendation recommendations, providing technical support to countries

to help them implement these standards.

2.4.2.2 United Nations Global Compact

The United Nations Global Compact is a voluntary initiative that aims to promote

corporate sustainability and responsible business practices. The initiative encourages

24
companies to adopt policies and practices that promote labor rights, including the

right to work and the right to an employment contract. Therefore, these institutions

have been established to protect workers' rights and oversee various aspects of the

employment relationship, including ensuring compliance with labor laws and

regulations, resolving disputes, promoting responsible business practices, and setting

labor standards.

2.5 Conclusion

The legal and institutional framework for occupational health and safety in Tanzania

is governed by the Occupational Health and Safety Act of 2003. The Act establishes

the Occupational Safety and Health Authority (OSHA) as the regulatory body

responsible for ensuring that employers provide safe working conditions for their

employees. The effectiveness of the Act in protecting workers against unsafe

working conditions largely depends on the enforcement mechanisms put in place by

OSHA. The role of OSHA in promoting occupational health and safety includes

conducting inspections, providing education and training, enforcing regulations, and

collaborating with other stakeholders. However, there are still challenges that need to

be addressed, such as inadequate resources and limited awareness among workers

and employers.

25
 CHAPTER THREE

RESEARCH ANALYSIS AND DISCUSSION

3.0 Introduction

This chapter deals with presentation and discussions of the results or findings of this

study that focused on the analysis and discussion, legal and policy implications

compliance of Occupational Health and Safety Act. 37On the protective measures to

workers against hazardous workplaces. These results are presented and discussed

below.

3.1 Research Findings

3.1.1 Employers and Employees Comply with the Requirements of the Law

Data Collected from Documentary Review

Workers suffer from work related injuries and ill health; the report points out that the

main causes of death and injury are both well understood and entirely preventable. A

number of international agencies have been working to improve health and safety in

the workplace, but until now the use of procurement procedures has received very

little attention. But the thing to note here is that the good relation between the

employer and the employees could bear the successful achievement where everyone

might play his role and rights of self and other safety in the work places.

According to D.J. Walsh.38 In his book of employment law for human resource

management he addressed the employees’ basic rights under the joint responsibility

model: the rights to know about unsafe workplace the right to participate in the

37
No, 5 of 2003,
38
D. J. Walsh., Employment Law For Human Resource Practice,6thedn,. Amazon: Prentice Hall, 2007

26
occupational health and safety process and the right to refuse unsafe work if they

have “reasonable cause” to believe that the work is dangerous. But he added that

employees also have the right to collectively select safety and health
reality workers are observed silent
representatives.39 But in the to be very to
rights. Instead of lifeof the life
demand their they suffer because of the pressure to

earn profit while endangering their health as provided in the case of Denis Kalua
was unfairly
and another vs. Flamingo cafeteria.40In this case the applicant

terminated from work due failure to appear at work for some days undergoing
contracted employment,
treatments of the disease in the course of however did

not inform the employer or report to OSHA, under this context we prove that
prefer
workers mostly the profits rather than their life health.

D. J. Walsh in his book observed that both employers and employees have

responsibilities and rights under Occupational Health and Safety Act. For example,

employers are responsible for meeting their duty to provide “a workplace free from

recognized hazards” for being familiar with mandatory Occupational Health and

Safety act standards, and for examining workplace conditions to make sure they

conform to applicable standards. Employers have the right to seek advice and off-site
from the Occupational
consultation Health and Safety Authority.

Employees also have rights and responsibilities, for example they are not complying

with all applicable Occupational Health and Safety Authority standards provided by

the law Particularly Occupational Health and Safety Act. 41For following all employer

safety and health rules and regulations, and for reporting hazardous conditions to the
39
Ibid
40
Revision No,210 of 2010 High Court Labour Division at Dar es salaam, (unreported)
41
No,5 of 2003

27
supervisor. Employees have the right to demand safety and health on the job without

fear of punishment. It is prohibited for the employers to punish or discriminating

their workers who have complained to the authorities about the job safety and health

hazards as clearly stipulated under the Section 102 of Occupational Health and

Safety Act42.

Data Collected From the Field

In the course of collecting relevant information for the study at hand the researcher
interviews
conducted with officials at the OSHA office at Kinondoni on the
of whether employees
question employers and comply with the law at ensuring
conditions are
that working supportive. Thus the following are responses from the

respondents;

For instance one of the respondents argues that; compliance varies depending on

the industry and the size of the company. Generally, larger companies tend to have

better compliance than smaller ones. However, there are still many cases where

employers do not comply with the law. Also the OSHA has found that many

employers are not aware of their responsibilities under the law, or they do not take

them seriously. Some employers view occupational health and safety as an expense

rather than a priority.

For instance respondents argue that; most common violation we see is a lack of

personal protective equipment. Many workers are not provided with the necessary

gear to protect themselves from hazards in the workplace. Also another common

42
Ibid

28
violation is inadequate training. Employers are required to provide their employees

with training on how to work safely, but many do not do so.

On point of action taken, the respondent said that; the OSHA issued a notice of
gave
violation and the employer a set period to correct the issue. If the employer

fails to comply, we can take legal action. In addition to enforcement actions, OSHA
provides
also education and training to employers and employees to help them

understand their responsibilities under the law.

Also on the side of challenges encountered by OSHA respondents argues that;

In
the biggest challenges we face is a lack of resources. the sense that, OSHA
does not
has
have enough inspectors to cover all the workplaces in Tanzania, so OSHA

to prioritize our inspections. Also, another challenge is a lack of awareness among

workers and employers. Many people do not know about their rights and

responsibilities under the law, so they do not take occupational health and safety

seriously.

3.1.2 Challenges Facing OSHA in the Discharge of Its Duties towards Protecting

Workers against Unsafe Workplaces

The central role of Occupational Health and Safety authority is to ensure and create

friendly working environments to its workers by enforcing the laws stipulated in the

Act.43 But it comes to be realized that the central role is affected with many

challenges which makes the process of management to be challenged with different

factors;

43
Ibid

29
Tanzania, like other developing countries, faces challenges in promotion and

provision of occupation health and safety services.44 These include the following:

i. Inadequate effective institutional framework to enhance OHS in formal and

informal sectors.

ii. Low OHS skills among health care service providers.

iii. Low awareness of OHS matters among the general public, workers, and

employers.

iv. Low compliance to OHS standards.

v. Inadequate OHS training and skills development.

vi. Lack of financial commitment by government and social partners to enhance

occupational safety and health activities.

vii. Government officers who are not fully committed or motivated to enforce

health and safety law.

viii. Corruption and Lack of employer interest in providing a safe working

environment.

3.1.3 Are the Workers Aware of the Occupational Health and Safety

Requirements

Data Collected From Documentary Review

According to Bennet about the workers Level of Understanding of OSHA Measures

postulates that employers are responsible for providing a safe and healthful

workplace for their employees. OSHA's role is to assure the safety and health of

44
E.J.Mrema , The status of occupational health and related challenges in expanding the economy of
Tanzania, available at,
https://www.researchgate.net/publication/288117523_Status_of_Occupational_Health_and_Safety_an
d_Related_Challenges_in_Expanding_Economy_of_Tanzania,. accessed on April 23, 2023

30
employees by setting and enforcing standards, providing training, outreach and

education, establishing partnerships and encouraging continual improvement in

workplace safety and health.45He argues that the workers are not objects to be

managed like machines or other factors of production.

They are living, breathing and thinking human beings who have the most

fundamental stake in any system of health and safety that affects their lives in

workplaces. He further argues that when it comes to workers’ views on occupational

safety and health in the workplace, they are often ignored due to various

management styles and a shortage of safety regulations, allowing for little reflection

for worker contribution. Workers as subordinates often find themselves compelled to

simply comply with and submit to rules and policies already in place at the

workplace.46

At this fact is obvious most of workers they consider the profit they earn from the

worksites without considering their surrounding environments and the possible risk

they might be caused by the environments but the reality is that the person should

have self-protection since is not a machine that could be driven by someone,

therefore it is the direct duty for the employees to adhere the roles and regulations

that could make him/her away from risk environments and if possible not to enter

into a risk employments that could makes them in danger life.

But again, it was observed that the poverty is the sources of the people to agree in

doing the employments in the risk environments since they have no other means of

45
D. Bannet, Health Safety Management system: liability or asset, J public heath pol, 2002, p. 23,153-
171.
46
D. Bannet, Health Safety Management system: liability or asset, J public heath pol, 2002, p. 23,153-
171.

31
achieving every day consumption, but in making this friendly to serve their life the

employer must ensure that the duty of making people safe from risk while there at

work, he/she must make sure that his place is free from risk.

Data Collected From the Field

During the interview researcher interviewed a construction worker at a certain

building site in Dar es Salaam. Respondent argues that; we have had training

sessions at our workplace about the importance of occupational health and safety.

Also we have regular safety meetings at our construction site to discuss the hazards

and how to prevent accidents.

They further opined that; they have witnessed some violations at my workplace.

Some of my colleagues do not wear the required personal protective equipment, such

as hard hats and safety boots. Therefore on that regard opined that; Employers should

also provide the necessary equipment and tools to prevent accidents and injuries.

Workers should also be encouraged to report any hazards or violations they witness.

Under the sense that; the importance of occupational health and safety. It is not just a

legal requirement, it is also a moral obligation to protect workers from harm. Also

respondents commented that; workers to take responsibility for their own safety and

the safety of their colleagues. As workers have a role to play in preventing accidents

and injuries in the workplace.

3.1.4 Do Employers and Employees Comply with The Requirements Of The

Law?

The Constitution of the United Republic of Tanzania Article14 47, gives the right to

live for everyone and Article 22 48, provides the rights to work in equal opportunity
47
The Constitution of United Republic of Tanzania [ Cap 2 of 1977 R.E 2002]
48
Ibid

32
for working which is free from discrimination. This was provided in the case of

Malaika B. Kamugishavs.Lake Cement Ltd.49Where Mwaipopo. J cited the case of

Jackson Jerome vs. Ultimate Security (t) Ltd.50To support that to terminate the

employee from work while undergoing treatments in the hospital resulted from

employments is wrong doing and oppressive since had right to work as provided in

the Constitution of United Republic of Tanzania of 1977.

But the Act which deals with Occupational Health and Safety matters is

Occupational Health and Safety Act.51 This legislation came into effect as from

August 2003. The objectives of this Act are to provide for the safety, health and

welfare of persons at work in factories and other places of work; to provide for the

protection of persons other than persons at work against hazards to health and safety

arising out of or in connection with the activities of persons at work. This Act applies

to all establishments in the private and public sector, local government services and

public authorities. This Act gives the rights of both the employers and the employees

in making sure that the workplaces are free from risk by strict application of risk

assessments, cleanliness, using of protective equipment.52

According to D. Walsh, provides the rights to know about workplace safety risks,

these possess the duty to the employer and employees that before better to

understands all unsafe that may affect the employees but in Tanzania is under the

power of the employers to assess early the safety of the place before to employ

49
Revision App No, 591 of 2019.
50
Revision no, 236of 2011 H.C, L.D at Dar es Salaam, (unreported).
51
No, 5 of 2003.
52
Part VI of The Occupational Health and Safety Act no.5 of 2003

33
people there but by the experience people are employed first then the authority may

interrupt to late when the effect had already occurred53.

Right to participate in the occupational health and safety process and the right to

refuse unsafe work if they have “reasonable cause” to believe that the work is

dangerous, ours laws are clear to protect the workers because they have the rights to

live and to work in the conducive places where their lives is going to be sustained so,

to be selective on the appropriate site of working is a proper method of self-defense.

But also, employees also have the right to collectively select safety and health

representatives, but in real sense the workers observed to be very silence to demand

their rights instead they suffer because of the pressure of the life to earn profit while

endangering their health.54

3.1.5 Are the workers aware of the occupational health and safety

requirements?

The level of occupational health and safety awareness among workers, employers

and community at large is very low. Furthermore, knowledge and skills among

providers and staff at workplaces is grossly inadequate. There is a shortage of

Occupational Health Safety skills both in public and private sector. In addition, there

has been little investment in the education and training of health representatives,

which impacts negatively on Occupational Health and Safety Act. 55Performance.

Both public and private institutions are understaffed and unable to attract or retain

suitable skilled and experienced personnel. There are significant skills deficits in

both public and private sector. If the nation wants to effectively reduce occupational
53
D. J. Walsh, Employment law for human resource practice, 6 edn : Prentice Hall,2007.
54
D. J. Walsh, Employment law for human resource practice, 6 edn Amazon: Prentice Hall, 2007.
55
No, 5 of 2003.

34
accidents and diseases, there is a need to increase human resources and skills level,

both in enforcement of the law requirements within all levels of the workforce.

Therefore, are the statutory requirements that every employer must be with

awareness, education and training programmes on occupational health and safety at

all levels.

3.1.6 The legal and policy implications

The Occupational Health and Safety Legal Framework prove that there is no

comprehensive legal and regulatory framework for occupational health and safety.

The prevention and control of workplace risks is governed by the Occupational

Health and Safety Act.56 However, there are other regulations stipulated under

difference laws which also administer Occupational Health and Safety authority in

specific sectors.

These statutes define the responsibilities of employer to provide a healthy and safe

workplace, set out the rights and duties of workers, provide for worker participation

and establish the enforcement powers of the inspectorate. Furthermore, there is lack

of specific Occupational Health and Safety national standards consistent with

regional and international conventions and treaties for the purposes of enforcement

and compliance.

Policy objective is to enact a clear, comprehensive and harmonized legal and

regulatory framework consistent with this policy applying to all sectors of in

productivity.

56
5 of 2003

35
Another legal frame work which affected the Occupational Safety and Health

Authority (OSHA) was set up to administer occupational health and safety at

workplaces in the country. The role of OSHA is to improve health and safety

(wellbeing) of workers and workplaces by promoting occupational health and safe

practices in order to eliminate occupational accidents and diseases which is actually

like was not fully implemented, hence achieve better productivity in the workplaces.

To make a place of work safer and healthy, OSHA undertakes the following

functions:

Registering and keeping a register of workplace as per section 15 of the Occupational

Health and Safety Act57 this it may easier the whole process of inspecting the places

safety since is known to the respective authority.

Conducting general workplace inspection. At this factor it seems to be serious

weakness the Occupational Health and Safety Authority since are not visiting the to

inspect the places before and after employees get into actual activities over the place

but they use to inspect after hearing the risk cases over the places. Section 5 58

provides the appointment of the chief inspector done by the minister responsible who

will be responsible as per duties section 6 of Occupational Health and Safety Act59.

The reviewed inspection plans were found to lack a number of necessary key

elements of good plans such as specific objectives for the inspections, targets to be

achieved, allocation of resources in terms of who is responsible for what during the

57
5 of 2003
58
Occupational health and safety act no, 5 of 2003.
59
Ibid

36
inspection and what kind of inspection’s tools or devices are needed as well as

reporting mechanisms for monitoring and evaluating of the planned inspections.

Also, Workplaces which are located in remote areas were not adequately inspected.

This is because one of the key issues considered when planning inspection is the cost

to be incurred against the revenue expected to be collected from the conducted

inspection. Workplaces’ inspections are not planned according to risk factors. There

is no risk assessment conducted by OSH Authority to identify workplaces with high

risk on the occurrences of occupational accidents and diseases. There is no

documented risk assessment furnished by employers compiled by OSH Authority

that can be used as a basis for planning inspections. Hence, inspections are not

prioritized based on workplaces which are more vulnerable and exposed to risk of the

occurrences of occupational accidents and diseases60.

Enforcing safety and health standards and legislation at workplaces, this is still the

problem in our laws and workers policy on safety struggle in workplaces which

clearly shows that both domestic laws lack international standards that may be

applied in workplaces worldwide but also the standard in our laws does not cover

other social groups of workers example domestic workers61.

Conducting health and safety audit, this is also most important since it may change

the whole situations in the worksites since the laws demands and the quality of the

inspection plans is inadequate.

60
Nation Audit Office Tanzania (NAOT), A performance audit reports on the management of the
occupational health and safety in Tanzania of 2013.
61
Nation Audit Office Tanzania (NAOT), A performance audit reports on the management of the
occupational health and safety in Tanzania of 2013.

37
Regulating occupational medical examinations for the workers. Current Vision and

Mission OSHA’s vision is to enable the country to achieve a significant

improvement in the health and safety of workers and achieve better productivity in

workplaces. The Mission is to become a competent government agency able to

provide sound technical advice, monitor and regulate OHS standards effectively and

efficiently by deploying skilled staff that proud to work with Occupational Health

and Safety Authority and value its customers62.

CHAPTER FOUR

CONCLUSION AND RECOMMENDATION

4.0 Introduction

This chapter presents summary of the major findings, conclusion and the

recommendations about this study, therefore recommendations focus on theme of the

study also concluding remarks focus on the main theme of the study so as to get the

good picture on the whole process of ensuring health safety in workplaces;

4.1 Summary of the Major Findings

The Workers Awareness Regarding Occupational Health and Safety

Requirements

Generally, workers' Level of Understanding of OSHA Measures postulates is not

adequate that employers are responsible for providing a safe and healthful workplace
they are ignored
for their employees but due to various management styles and a

shortage of safety regulations, allowing for little reflection for worker contribution.
62
Ibid

38
He argues that the workers are not objects to be managed like machines or other

factors of production. They are living, breathing and thinking human beings who

have the most fundamental stake in any system of health and safety that affects their

lives in workplaces so they need to be trained enough to make awareness for self-
workplace depend
protection in their and not only on their employers to ensure

safety to them.

The Rights and Duties of the Employer and the Employees

The occupational Health and Safety Act no, 5 of 2003 provided the general right and

duties to both employer and the employee in making sure that workers are safe from
are the
risk in their workplaces. There basic rights under the joint responsibility

model whereby employer and the employee needs to know about workplace safety

hazards, the right to participate in the occupational health and safety process and the

right to refuse unsafe work if they have “reasonable cause” to believe that the work is
reality workers are observed silent
dangerous. But in the to be very to
of life
demand their rights instead they suffer because of the pressure to earn profit

while endangering their health. Also, employers are responsible for meeting their

duty to provide “a workplace free from recognized hazards” for being familiar with

mandatory Occupational Health and Safety act standards, and for examining

workplace conditions to make sure they conform to applicable standards. Employers

from the Occupational
have the right to seek advice and off-site consultation Health

and Safety Authority.

39
4.2 Conclusion

Therefore, there cannot be any effective occupational health and safety policies if

both employers and employees fail to perform their respective responsibilities. The

employer is supposed to file government accident reports, maintain records on health

and safety issues, posting safety notices and legislative information, providing

education and training on health and safety. The employer is required to institute a

safety committee to be in charge of all health and safety related issues. The safety

committee is responsible for studying trends in accidents with the view to making

suggestions for corrective actions, examining safety reports and making proposals for

avoiding accidents, examining and discussing reports from safety representatives,

making proposals for new or revised safety procedures.

On the other hand, the employee is required to comply with all health and safety

rules, knowing that the person ultimately responsible for his/her health and safety.

Staffs are required to wear protective clothing, use equipment and tools provided for

their work, and report any contravention of the law by management. Henceforth after

the adherence of all these it may mark the best achievements

4.3 Recommendations

4.3.1 Recommendation to Occupational Health and Safety Authority

In adequate comprehensive legal and regulatory frame work of Occupational Health

and Safety Authority, that there should be clear and comprehensive provisions to

applied to the respective places so as to cure the problems thereupon, therefore there

must be developed workable strategies for identifying the risk, registering

workplaces, serious regular inspection of the places and reporting the risk to the

40
authority concern but the fatal measure here is to impose sanctions to all those

violate the law guiding them to perform their duty into workplaces and this take into

effect of both employer and employees.

Uncertain Administering OSHA role to workplaces, this needs some improvements

whereby the authority concern is one responsible to impart knowledge its people by

make sure all role that seems to be useful in bringing healthy environments to sustain

our people are seriously implemented as to develops a formal written policy and

procedure that provides a clear explanation of the record collection and maintenance

of records regarding employee occupational illnesses and injuries that are

Occupational Health and Safety recordable cases. Also, to develops the system for

producing and using data to direct interventions, monitor occupational health and

safety and identify problems by assessments of individual workplace based on the

OHS inspections in order to identify training needs based on the gaps identified

during the inspections.

4.3.2 Recommendations to Occupational Health and Safety Act

In order to achieve the intended goal of this Act since its enactment there should be

serious sanctions for those violating their duties and responsibility which the law

needs them to fulfill. Also in this Act there is lack of specific occupational health and

safety standard consistent to national level and the international standards for the

purpose of the enforcements and compliance of OSHA rules, this may help the

institution and the public in general on the level of beauty required in the workplaces

by assessing level of cleaning the places, standard that may cover all workers social

groups without discriminating them in terms of environments, wages or cruelty they

41
experiences in their workplaces example domestic workers which sometimes their

employer turns to bad environment to them.

4.3.3 Recommendations on the Employer and the Employees

In any workplaces there should be the strong relationship between the employer and

the employee in which each one have the role, duty and responsibility to ensure

safety in their workplaces this may simplify the managements of workers upon the

risk which in high degree is reduced due to self-protection of the workers.

42
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45