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MODULE OVERVIEW
Work related accidents threaten the health and safety of employees globally and everyday an em-
ployee is injured somewhere in the world. Accident and incident prevention measures are crucial
elements of organisational sustainability and employee wellness. The module presents some best
practices required in the minimisation of work related injuries and occupational accidents and
incidents.

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 UNIT 1

LEGISLATION AND ENFORCEMENT

1.0 Introduction

This Module provides trainees with background information on legislation and enforcement in
occupational health and safety. Legislation can include state, provincial or national legislation, or
the Conventions or Recommendations of the International Labour Organization (ILO). Topics
discussed include: how health and safety law is structured, common limitations of legislation and
enforcement in health and safety, how unions can use health and safety legislation to make
improvements in the workplace, and the role of the health and safety representative.

1.1 Objectives

At the end of this unit, trainees will be able to:

(1) explain how and where to find information on

health and safety legislation that protects them;

(2) state several examples of common

limitations in legislation and enforcement;

(3) explain how laws can be used to

establish minimum health and safety
standards in their workplaces;

(4) state at least one basic right that is included

in their country's health and safety legislation (if
it exists) and explain how that right can be used
to improve health and safety conditions at work.

1.2 SHE Legislation

Government legislation is what provides workers with minimum standards of health and safety
in the workplace. Minimum standards, however, can always be made more protective with
stronger legislation. Historically, many trade unions have been successful in pressuring
governments to enact health and safety legislation, to make legislation more protective and to
enforce the laws. Today it is still important for unions to organize and fight for stronger and
more protective occupational health and safety legislation at the national, state or provincial
levels.

While health and safety legislation provides the legal backbone to protect workers, it is only
effective when supported by government enforcement. Without adequate legal enforcement,
some employers do not feel motivated to take workplace regulations seriously, particularly since
many governments still do not prosecute employers who violate workplace regulations.

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Since many governments do not have enough adequately trained inspectors to inspect every
workplace regularly, it is up to workers and unions to be the regular “workplace inspectors” and
make sure employers are complying with existing laws and standards. To do this effectively, you
must be familiar with the health and safety laws that protect you.

Workers, industry officials, health professionals and government officials all have
responsibilities for health and safety.

Points to Remember
1. Legislation provides workers with minimum standards of protection in the workplace.
2. Minimum standards can be made more protective by strengthening
government legislation.
3. Legislation is only effective in protecting workers when it is supported by
government enforcement.
4. Since many governments do not have enough inspectors to inspect every workplace
regularly, it is up to workers and unions to be the regular “workplace inspectors”.

II. Legislation

Are you familiar with your health and safety rights in the workplace? To learn about your rights,
you need to understand the legislation in your country that provides you with these rights.

A. How legislation is structured

The terms used in health and safety legislation may vary in different countries. However, there
are some common international terms that you may see in your country's legislation. Four of
these terms are: act, regulation, code of practice, guide.

Act

Most countries have acts dealing with occupational health and safety; for example, the Factories
Act or the Health and Safety at Work Act. Acts are basically legal statements of the general
health and safety principles and responsibilities in a particular country and they are made or
approved by the governments or parliaments of individual countries. Acts are fully supported
by law, therefore potentially they have a great deal of power, but generally that power is only
effective with adequate enforcement. Try to become familiar with your country's health and
safety act (if it exists).

Regulations

Once a health and safety act is passed, then a minister (usually the Minister of Labour), the
Cabinet or the state, provincial or even national government will develop detailed regulations.
Regulations are fully supported by law so employers are required to comply with them, just
like the overall act which they accompany. Regulations tend to cover specific industries or
hazards and state the mandatory minimum standards and objectives for hazard control, “safe

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levels”, training, etc. and they apply to specific workplaces. Regulations cannot be stronger than
the act which they accompany. You must become familiar with the health and safety regulations
in your country (if they exist) to know more about the specific rights that you are guaranteed.

Codes of practice

Codes of practice provide general guidance to employers (and workers) on how to comply with
the minimum standards and objectives that are detailed in the regulations. These codes are
adopted and amended by a relevant government body, usually within the Ministry of Labour.
The ILO develops Codes of Practice which many governments adopt for their guidelines.
Although codes of practice are not required by law, they can be used in legal proceedings as
evidence.

Guides

Guides or notes of guidance provide official detailed technical information and recommendations
to help employers comply with health and safety regulations. Guides provide practical “how-to”
information for getting into compliance. They are not required by law but they explain the type
of action that employers should take to comply with health and safety laws. Guides, like codes of
practice, are adopted and amended by relevant government bodies. Governments also can use
ILO guides if they have not developed their own.

The ILO produces Codes of Practice, guides and manuals to supplement occupational health and
safety Conventions and Recommendations that are developed through the tripartite system of the
ILO. These documents are not substitutes for existing national legislation or regulations; rather
they provide governments, employers and workers with guidance in health and safety.

B. Where to find your health and safety legislation

You have the right to see the occupational health and safety legislation that applies to you
because it is a public document. Try to obtain a copy of your country's legislation and become
familiar with the terms used. The terms used in your legislation may be slightly different from
the terms discussed above.

Your union is the first place to ask for a copy of the legislation. If they do not have a copy, other
sources to ask are: your employer, the local factory inspectorate, the Ministry of Labour, the
local library, a lawyer, or a local college or university. When you request a copy of the
legislation, ask also for a written summary of the legislation, if one exists. Laws are generally
difficult to read and a summary will explain the legal language used in the legislation.

Note: Health and safety legislation is sometimes a section within a different piece of legislation.
For example, the health and safety legislation might be included as a section within a Pesticide
Act, Factory Act, or a Labour Code, so you may have to look through various pieces of
legislation to find the relevant health and safety information.

Points to remember about Legislation

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1. The legislation in your country is what provides you with your basic rights for health
and safety in the workplace.

2. Four general terms commonly used in health and safety legislation are: act, regulation,
code of practice, guide. The terms used in your own country's legislation may be slightly
different. Try to become familiar with the terms used in your country's legislation.

3. Act:

 states general health and safety principles, duties, etc.;

 fully supported by law;
 Made or approved by governments/parliaments.

4. Regulations:

 provide specific health and safety rules within the limits of the health and safety act;
 fully supported by law;
 adopted and amended by cabinet or the relevant minister.

5. Codes of practice:

 provide general guidance on ways to comply with regulations;

 not backed by law but can be used as evidence in legal proceedings;
 adopted and amended by the relevant government body, usually under the Ministry
of Labour. ILO Codes of Practice may be adopted by governments.

6. Guides:

 provide detailed technical information and recommendations to help employers

comply with health and safety regulations;
 not backed by law;
 adopted and amended by the relevant government body. ILO guides may be adopted
by governments.

7. It is your right to see your country's occupational health and safety legislation. Reading
the legislation will tell you what workplace protections are guaranteed to you by law.

III. Limitations

A. Legislation

Some countries have strong occupational health and safety legislation. However, in many
countries the laws are outdated and weak, which means that workers cannot rely on
legislation for adequate protection.

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Many trade unions have identified a number of limitations in the health and safety legislation in
their countries. Common limitations include the following:

 The current legislation is outdated and therefore does not address the social,
economic and technological changes that have taken place in the region. For example,
the health and safety legislation in many Commonwealth countries is taken from the
British Factories Act of 1961, which is generally not relevant to the needs of these
different countries today.
o When standards address only specific categories of workplaces, such as
“factories” or “workshops”, many workers are left unprotected if they do not
fit into those narrow categories. Also workers in the public sector and the self-
employed are often not covered by current legislation.
o The penalties are limited for employers who are caught breaking the law, even for
very serious offences.
o There are insufficient resources available for enforcing the laws and inspecting
worksites.
o Most of the legislation that does exist deals with industrial safety and not
occupational health.
o There is a lack of up-to-date, detailed regulations accompanying the act.
o Many employers and workers' organizations are not familiar with existing acts,
regulations, codes of practice, guides, etc.
o Unions, workers and employers are not involved in the standard-setting process in
any way.
o Many standards are written so unclearly from a worker's viewpoint that they
cannot be used to uphold the law. (If a standard is unclear, then it is particularly
important that contract language clarifies the issue and is not open to
interpretation.)

Ideally, legislation should:

 protect all workers;

 be oriented toward the prevention of occupational illnesses and injuries by
requiring employers to comply with regulations that are more protective than just
existing minimum standards;
 include provisions for adequate compensation and rehabilitation for workers when
needed;
 include provisions for sufficient workplace inspectors who are properly trained and
equipped;
 include strong enforcement;
 allow for strong penalties for employers who break the law;
 address any region-specific needs.

What are the limitations in your county's health and safety legislation? Improving health and
safety laws and making sure that they address technological, economic and social changes is
a continuous process for workers and unions in every country.

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B. Enforcement

Health and safety legislation needs government enforcement in order for it to be effective.
In many countries, however, there are serious limitations in the way the laws are enforced.

Government inspectors are needed to inspect, monitor and enforce the law in workplaces. These
inspectors are known as health and safety inspectors or factory inspectors and are under the
authority of the Ministry of Labour or the equivalent. Inspectors should make sure that
employers comply with the minimum legal health and safety standards. However, their authority
is limited to the extent of the legislation; weak and ineffective legislation gives inspectors little
authority, and the result may be little or no action to improve working conditions.

The health and safety inspector can help workers and supervisors to identify unhealthy or
unsafe working conditions.

Many trade unions have identified a number of problems with the enforcement of health and
safety legislation in their countries. Common problems include the following:

 There are not enough inspectors (try to find out how many inspectors there are in
your country and roughly how many workplaces. You will see that it is impossible for
inspectors to visit every workplace on a regular basis. Most inspectors will visit the
biggest factories or those with known health and safety problems).
 Many inspectors have only limited training in the field of occupational health and safety.
 Many inspectors have to do their job with virtually no equipment or sources of
information.
 Inspectors can enforce only existing legislation, but the legislation itself may not
be powerful or protective.

Ideally, adequate enforcement should:

 ensure that sufficient trained, equipped personnel with access to sources

of information are available to inspect workplaces and enforce laws;
 include regular, unannounced inspections of all workplaces;
 allow for penalties that are equal to the illegal action committed, including severe
penalties for very serious offences;
 be supported by strong, protective legislation.

Because of the serious problems in enforcing health and safety laws, it is better to use your
union and negotiations as your first line of defence against poor working conditions and to rely
on inspectors only as a back-up.

Points to remember about limitations in legislation and enforcement

1. Occupational health and safety laws in many countries are often outdated and weak,
which means they do not provide workers with adequate protection.

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 2. Once you have identified the limitations in your country's legislation, your union can
pressure the government to make sure current legislation addresses existing conditions.
Ensuring that laws are updated and reflect the technological, economic and social
changes of any society is an ongoing process for workers and unions in every country.
3. Many countries have serious problems enforcing health and safety laws.
4. Health and safety or factory inspectors are the health and safety enforcement officers.
Inspectors should make sure that employers comply with the minimum health and safety
standards, but their authority is limited to the extent of the legislation.
5. A worker's best line of defence against poor working conditions is union involvement
and negotiations.

IV. How to use health and safety legislation

A. Developing check-lists

Once you are familiar with your health and safety legislation, you can make use of it by
developing a check-list from the act or the regulations. The check-list will consist of simple
questions to help you identify areas in the workplace that are not in compliance with
existing regulations. A check-list also can be used as a basic summary of the laws.

Study the law and determine what rights you have. Make a poster for the workplace and
union hall.

It is not realistic to put together a check-list on all of the legislation that applies to your
workplace, so you should select the most important general hazard areas. For example, you could
develop a check-list from the regulations on “cranes and hoists”, “scaffolding”, “storage of
chemicals”, or any other area that you think is particularly important. You could also develop
check-lists to use before or during inspections to help you or an inspector focus on problem
areas.

Preparing check-lists

Here are some simple rules for preparing a check-list:

 First, read over the original document quickly to get a general idea of what it covers.
 Next, read the document again quickly and write down the main headings and the
topics covered.
 Read it again carefully and underline or write down the key words or phrases.
 Next, make questions out of the main ideas. The questions should apply to
your workplace.
 For each topic you cover in the check-list, write down the reference (the act or
regulation and subsection where you got the information) next to the question.
 Try to include specific regulations in the check-list so you can check for compliance.

Part IV. Action at the level of undertaking

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Article 16

1. Employers shall be required to ensure that, so far as is reasonably practicable, the

workplaces, machinery, equipment and processes under their control are safe and
without risk to health.
2. Employers shall be required to ensure that, so far as is reasonably practicable, the
chemical, physical and biological substances and agents under their control are
without risk to health when the appropriate measures of protection are taken.
3. Employers shall be required to provide, where necessary, adequate protective clothing
and protective equipment to prevent, so far as is reasonably practicable, risk of
accidents or of adverse effects on health.

Article 19

There shall be arrangements at the level of the undertaking under which:

a. workers, in the course of performing their work, cooperate in the fulfilment by their
employer of the obligations placed upon him;
b. representatives of workers in the undertaking cooperate with the employer in the field of
occupational safety and health;
c. representatives of workers in an undertaking are given adequate information on measures
taken by the employer to secure occupational safety and health and may consult their
representative organizations about such information provided they do not disclose
commercial secrets;
d. workers and their representatives in the undertaking are given appropriate training in
occupational safety and health;
e. workers or their representatives and, as the case may be, their representative
organizations in an undertaking, in accordance with national law and practice, are
enabled to inquire into, and are consulted by the employer, on all aspects of occupational
safety and health associated with their work; for this purpose technical advisers may, by
mutual agreement, be brought in from outside the undertaking;
f. a worker reports forthwith to his immediate supervisor any situation which he has
reasonable justification to believe presents an imminent and serious danger to his life or
health; until the employer has taken remedial action, if necessary, the employer cannot
require workers to return to a work situation where there is continuing imminent and
serious danger to life or health.

Here is the checklist from the legislation:

1. Does your employer make sure that the workplace, all machinery, equipment and work
processes are safe and do not cause any health problems now or health problems that may
occur in the future? (Article 16,(1))
2. Does your employer make sure that proper and adequate control measures are used to
prevent any health problems from exposure to chemical, physical and biological materials
used at work? (Article 16(2))

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 3. Does your employer provide workers with proper and adequate personal protective
equipment when it is needed? (Article 16(3))
4. Do the workers comply with the health and safety regulations in the workplace? (Article
19(a))
5. Do the safety representatives or the union help workers comply with health and safety
regulations? (Article 19(b))
6. Does your employer give the health and safety representative or the union adequate
information on the actions he or she is taking to create a safe and healthful workplace?
(Article 19(c))
7. Does your employer provide workers and health and safety representatives with adequate
health and safety training? (Article 19(d))
8. Does your employer consult with the workers, health and safety representatives and the
union on all occupational health and safety actions before they are implemented in the
workplace? Does your employer bring in technical advisers from outside the workplace
to assist in solving health and safety problems? (Article 19(e))
9. Does your employer require workers to report dangerous situations to an immediate
supervisor? Does your employer inform all workers that they have the right to refuse
extremely dangerous work until the conditions have been made safe? (Article 19(f))

Now that you see how a check-list can be developed from Convention No. 155, you can do the
same with your country's legislation. Once you develop your own check-list, distribute it, put it
in your union journal, give to health and safety representatives and shop stewards, and display it
in each workplace. Making your check-list available will help workers know about their rights.

B. Collective bargaining

Your union can use collective bargaining to overcome some of the limitations in your country's
health and safety legislation. Often the bargaining process can bring about improvements in the
workplace much more quickly than waiting for national legislation to change, which can be a
very slow process.

Building blocks for a health and safety agreement

There are many health and safety topics that your union can promote through negotiations and
then add to existing contract language. Choose the issues that are relevant and important in your
workplace. Here are a few issues, which, if bargained successfully, could result in health and
safety improvements at work:

 the establishment of health and safety committees - ideally these should be joint
labour/management committees, but if the employer resists participating, then workers
should set up their own committees;
 the right of workers or their bargaining agents to be consulted on health and safety issues
and any proposed operational changes in the workplace that could cause health and/or
safety problems;

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  provision of safety equipment and proper/appropriate personal protective equipment
(PPE) (try to reach agreement with management that they will introduce engineering
controls and reduce the need for PPE);
 pre-employment medical check-ups;
 periodic medical check-ups;
 provision of adequate washing/shower facilities and work time provided for
washing/showering (the question of time should be clearly set out since it is a matter that
can lead to industrial disputes);
 information about chemicals that have to be handled;
 provision of proper first-aid kits;
 access to industrial/occupational physicians and nurses;
 training in first aid (an appropriate number of workers should be trained in relation to the
size of the workforce);
 evaluation of occupational stress;
 security (fire escapes and extinguishers, unblocked entrances/exits, etc.);
 education (paid educational leave for workers participating in courses on occupational
health and safety, irrespective of who organizes such courses).

The following is an example of health and safety contract language that was established through
the collective bargaining process.

Article 21 — Safety, health and security

21.01It is the Company's philosophy that safety shall be our

first order of business. The Company shall provide
adequate provision for the safety and health of its
employees during the hours of employment.

21.02Safety devices where provided must be used. Employees

must wear and/or use such equipment as is provided for
their job. Neglect or failure by an employee to adhere to
plant safety regulations and use of the Company's safety
devices shall be just cause for disciplinary action.

21.03As a condition of continued employment, all employees

must wear adequate and suitable safety boots and safety
eye glasses in good repair at all times while in the
maintenance and production areas of the Plant.

a. The Company shall supply a pair of safety

glasses on the employee's initial hiring date. The
Company shall supply a pair of prescription
safety glasses on the employee's initial hiring
date, provided the employee has furnished the
Company with an eye examination test result

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 taken within one year of the employee
commencing employment. Safety glasses will be
replaced as needed.

21.06It shall be the Company and the Union's aim to

cooperate to see that every safety rule is complied with,
with no exception. The employee(s) should call to the
attention of their supervisor any dangerous or unsafe
conditions in their work area. The Company and the
Local agree that conditions in the Plant should be such
as to provide as far as possible, on a progressive basis,
the safety, health and welfare of its employees, economy
of operations, quality of products, cleanliness of Plant
and protection of property. The Company agrees to
consider suggestions from the Committee in this respect.
To this end a Safety and Health Committee shall be
appointed comprising three representatives from
Management and three representatives from the Local
Union. The Committee's function shall be to promote
safety and industrial hygiene in the Plant. It shall make
regular inspections of the Plant and equipment and hold
regular meetings.

Payment to employees who attend the Safety and Health

Committee meetings outside of their regular shift shall
be paid at the employee's regular hourly rate. Members
who are working shall be excused to attend these
meetings without loss of pay.

21.07Employees injured at the Plant and sent home or to the

hospital or doctor's office by a Company official or
nurse shall suffer no loss of earnings for the balance of
the shift during which the accident occurred.

Employer responsibility

Article 15 — Safety and health

15.01The Company recognizes its responsibility to manage

its operations in such a manner that the risk of injury or

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 hazard to health is kept to a minimum.

15.02The Company reaffirms its existing policy of welcoming

from any employee suggestions regarding safety and
health and will welcome similar suggestions from the
Union.

15.03The Company shall make provisions for the safety and

health of its employees during the hours of their
employment consistent with the provisions of the
Industrial Safety Act. Wearing apparel and other
equipment shall continue to be provided by the
Company, including suitable cold weather clothing
where necessary, in accordance with and to the extent of
the prevailing practice in the Plant at present.

Safety and sanitation

1.01 The Company agrees to continue to furnish healthful

working conditions at all times, and to provide adequate
and modern devices with regard to safety and sanitation.
Whatever machinery and equipment the Company
furnishes shall meet with all the required legal standards
of safety and sanitation. Any recommendations or
complaints under this Article shall be the subject of
negotiations under the procedure provided for in this
Agreement. The Union agrees that it shall endeavour to
ensure its members observe all safety rules.

Special hazards

Article 18 — Protective clothing

18.01All personnel coming within the 43 Unit whose duties

require them to wear overalls, protective clothing and
safety equipment shall have such articles issued to them
by the Company.

18.02The Company shall,

(i) furnish and clean coveralls of all Water and Sewage

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 Plant employees; and

(ii) furnish uniforms and provide for their cleaning at

least once per week for all employees of the Ambulance
Division of the Department of Emergency Services and
shall supply all new employees of the said Ambulance
Division with eight (8) shirts on commencement of
employment.

18.03The Company shall supply all employees coming within

hazardous Unit with work boots or shoes which shall be
replaced as required.

18.04Where the Company provides safety equipment, safety

clothing or working attire, such safety equipment, safety
clothing or working attire must be worn by the
employee, provided, however, that it is recognized that
there may be occasions during an employee's working
hours when the wearing of such equipment, clothing or
attire is unnecessary to the employee's safety or well-
being.

Safety boots

14.08The Company shall subsidize the cost of safety boots to

the extent that an employee may purchase safety boots
from the Company at either (a) 25 per cent of the
Company's cost of safety boots with metatarsal
protectors (excluding the cost of the protectors) or (b) 50
per cent of the Company's cost of regular safety boots.
In order to purchase a new pair of boots, an employee
must return his worn-out pair.

Safety equipment

14.09The Company shall continue to supply other safety

equipment, as well as gloves, when such equipment, in
the opinion of the Company, is required for the
performance of the job. Worn-out equipment must be
returned before new equipment will be supplied.

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14.10Inspection of equipment shall continue to be carried out
by the Company.

17.07As indicated in section 5 of the Local Agreement, lifting

of thirty-five kilograms (35 kg) or over shall be made by
two (2) men or with handling equipment, repetitive
lifting of thirty kilograms (30 kg) or over shall be made
by two (2) men or with handling equipment.

Compensation/rehabilitation

16.03If an employee incurs a disability which prevents him or

her from performing his or her regular work but which
does not render him or her incapable of carrying out
other duties in the Bargaining Unit, the Company and
the Union shall make every effort to arrange the
establishment of such employee in a position suitable to
his or her capabilities.

16.04An employee who, as a result of a lost-time accident

suffered in the Company's employ, is entitled to receive
compensation under the Workmen's Compensation Act,
shall be paid an allowance for a period of absence up to
a maximum of fifty-two (52) weeks, provided he or she
assigns to the Company all such compensation received
by him or her in respect of the same period. For the first
twenty-six (26) weeks of absence the allowance shall be
equivalent to his or her regular earnings, exclusive of
shift differential. For the remaining twenty-six (26)
weeks of absence, the allowance shall be equivalent to
ninety (90) per cent of his or her regular earnings,
exclusive of shift differential.

16.05Subject to only those changes which may be mutually

agreed upon during the term of this Agreement, the
Company shall continue in force the benefits (including
the amendments which have been negotiated) as
provided in the existing Company Group Insurance
Plans and Bargaining Unit Employees' Pension Plan on
the same cost-sharing arrangements as is presently in
effect. In the event that the Company is obligated by law

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 to contribute towards the cost of benefits similar to one
or more of the benefits provided under the Company's
Group Insurance Plans and Bargaining Unit Employees'
Pension Plan, the Company may terminate or revise
such Plans in order to eliminate any duplication of
benefits or to ensure that additional costs imposed by
law are offset by reductions in the costs of the
Company's and employee's contributions to such plans.

First aid

16.02The Company agrees to provide and maintain suitable

first-aid equipment and facilities, lunchroom, locker,
washroom, shower and sanitary facilities, and the Union
agrees to cooperate fully with the Company in the
maintenance of this service.

Points to remember about how to use health and safety legislation

1. Developing check-lists from your health and safety legislation is a practical way to
summarize legislation and to see how well the laws have been applied in your workplace.
2. Select important general hazard areas that are relevant to your workplace when
developing check-lists.
3. Collective bargaining around health and safety issues can result in significant
improvements in health and safety conditions in the workplace. The bargaining process
can bring about changes much more quickly than waiting for national legislation to
change.

V. Role of the health and safety representative

Health and safety representative

As a health and safety representative, it is important for you to know the workers' rights given by
your country's health and safety legislation. Try to get a copy of the legislation and familiarize
yourself with it. Other steps to help you reach goals towards creating, strengthening and using
legislation are:

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 1. Work with your union to put pressure on the government to adopt or improve existing
health and safety legislation. This should include provisions for adequate and effective
enforcement.
2. Educate your co-workers about their rights under the law.
3. Work with your co-workers to identify limitations in your health and safety legislation.
Develop strategies (short-term or long-term) for overcoming the limitations.
4. Develop and use check-lists to identify areas in the workplace that are out of compliance
with existing regulations.
5. Use collective bargaining to work toward more immediate improvements in working
conditions.
6. Work with the union and the employer to correct health and safety problems. If your
employer is unwilling to comply with existing regulations, then contact the local factory
inspectorate and request assistance.
7. Try to find out if your country has ratified any of the International Labour Organization's
occupational health and safety Conventions or any ILO Conventions that contain
elements of health and safety. You can find out by contacting one of the international
trade secretariats or your national or regional ILO office, or by writing to ILO
headquarters in Geneva, Switzerland.

VI. Summary

It is important to know your rights under the law. If your country does not have health and safety
legislation, then your union may want to pressure the government to develop or adopt adequate
legislation. If your country does have health and safety legislation, then your union may want to
identify the limitations of the legislation and then pressure the government to strengthen the
laws.

Strategies designed to make legislation more protective should include stronger enforcement of
health and safety laws. Without strong enforcement, there is little motivation for many
employers to comply with acts or regulations. Working at the policy level is generally a lengthy
process but positive results can benefit all workers.

Check-lists and collective bargaining are two practical ways of using health and safety
legislation to benefit workers. Both tools can yield results relatively quickly, compared with the
time it may take to see any changes in national legislation.

Exercise. Developing a workplace check-list from health and safety legislation

Note to the instructor

For this exercise, you will need to obtain a number

of copies of your country's health and safety
legislation, if it exists. If it does not exist, you can
use another section of your national, state or
provincial legislation that applies to workers. If
there is no suitable legislation, then use the health

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and safety section (or other section) of your
union's contract language for this exercise. Give
copies of the legislation or contract language to
the trainees. You will also need a flipchart (or
some large sheets of paper taped to the walls) and
markers or a chalkboard and chalks.

(Note: If you have no suitable legislation or

contract language, you can use this exercise as a
group discussion about priority issues that should
be included in contract language or national health
and safety legislation. The class can then develop
an action plan listing the steps trainees can take to
develop their ideas into action.)

Try to prepare a summary sheet of the legislation

in advance. This will be very useful to the
trainees, particularly if all or most of them are
from the same country or union. Give a copy of
the summary sheet to each trainee at the beginning
of this exercise.

Decide which section of the legislation (or

contract language) will be used for developing a
check-list. Trainees should work in small groups
of four to five people.

Instructions

Develop check-lists and identify limitations

Ask the groups to read the legislation and write

down questions, developing a check-list which
they can use in their workplaces. Remind trainees
to note the section of the legislation when they
develop each question. As the groups develop the
check-lists, they should also identify any
limitations in the legislation.

When the groups have completed their check-lists,

ask a member of each group to read out loud a
couple of the questions the group developed,
including the section of the legislation the
questions apply to. After all groups have spoken,
discuss with the whole class the different ways
they and their union(s) can use these check-lists in

19
 the workplace. Write the suggestions on a
flipchart or chalkboard.

Next, discuss the limitations in the legislation that

trainees identified. Write these down on the
flipchart.

Develop an action plan

The next step is to develop an action plan for

strengthening the legislation. You can do this
together as a whole class, or trainees can work on
an action plan with their groups. Discuss the
trainees' answers for their action plans. A
questionnaire to use in developing an action plan
is given on the next page.

Note: Remind trainees that they should distribute

their check-lists, put them in their union journal,
give them to health and safety representatives and
shop stewards, and display them in their
workplaces. Distributing the check-lists will help
workers to learn about their rights.

Points for discussion

1. What worker health and safety (or other

workplace) rights do you have under your
existing legislation?
2. How can you use those rights to create a
healthier and safer working environment?
3. How will you share this information with
your co-workers?
4. How will you use the check-list to
prioritize issues for collective bargaining?

Action plan for improving health and safety legislation

1. What are the three most important limitations in the legislation?

(a) ............................................................................................................................................

.................................................................................................................................................

(b) ............................................................................................................................................

20
.................................................................................................................................................

(c) ............................................................................................................................................

.................................................................................................................................................

2. In what ways could these limitations be improved?

(a) ..........................................................................................................................................

.................................................................................................................................................

(b) ............................................................................................................................................

.................................................................................................................................................

(c) ..........................................................................................................................................

.................................................................................................................................................

3. What can your union do to bring about these improvements?

.................................................................................................................................................

.................................................................................................................................................

4. What are some of the potential barriers to improvements?

.................................................................................................................................................

.................................................................................................................................................

5. Can you suggest ways to overcome some of these barriers?

.................................................................................................................................................

.................................................................................................................................................

21
 UNIT 2
NATURE, FUNCTION AND SOURCES OF LAW FOR SHE MANAGEMENT
IN ZIMBABWE

2.1 INTRODUCTION
Legislation is only a reflection of already existing values, norms and morals, in the particular
given society, which are now reduced into writing. Legislation is not therefore an end in itself,
but a means to show and demonstrate the value inherent in any society. Thus, this module looks
at the important issue of Environmental Health and safety legislation as major components of
Zimbabwean economic life. The protection of the people’s safety through environmental health
and safety, standards has largely been reduced into legislation. However, the common law still
plays a key and pivotal role on matters environmental health and safety in Zimbabwe. The issue
of compliance with law becomes one of the key functions of the Environmental Health and
safety practitioner, as the main standards are now codified. Zimbabwe as a member of the global
community has also ratified some of the major international conventions on environmental
Health and safety, thus the international perspective also becomes critical to health and safety
issues in Zimbabwe.

The unit discusses the overview of Environmental Health and Safety Laws, definition of law,
purposes of law, elements of a good law, branches of law, sources of law and the summary

Learners must understand the nature of law and Legal Rules, purpose of law in any Society,
elements of a Good law, Different Branches of law and Sources of law

2.2 OVERVIEW OF ENVIRONMENTAL HEALTH AND SAFETY LAWS

Law develops because of a need in society. The basic purpose of law is preservation of public
order and safeguards against conduct injurious to society. It also aims, as and one primary
functions, maintenance of what has been accepted as public morality. The concept of public
morality may change from time to time. Legislation is adopted in any particular country to
protect already existing norms and standards, shared by the vast majority of people. This is true
of Environmental Health and Safety legislation, where the main and fundamental purpose of law
is preservation moral welfare of any given state, part of public good.

Legislation therefore forms the basic foundation of health and safety rules and regulations, to be
expanded by practitioners, bona fide and in the spirit of law, to achieve the purpose intended by
society. It does not only form the starting point for understanding issues of environmental Health
and safety, but should act as a guide or future reference point, on whether core principles in the
field are being complied with or not.
As legislation only reinforces and enhances already existing norms and standards of society,
these values may already be contained in court judgements i.e common law. Legislation puts
them in an orderly and systematic written form. Since time immemorial, man has put in place
standards of behaviour of persons in any society. While there are privileges and rights to be
enjoyed in any state or society, there are also duties or obligations imposed on such persons. This
forms the core and basic aim of law in any given society or state. Whilst each of us has an innate
sense of what is right or wrong and behave appropriately as members of an ordered Society,
there are unfortunately those social deviants, who need punishment for doing wrongs such as

22
murder, rape, theft etc. While general logic and common sense continues to be the backbone of
law, however because of rapid technological and other developments, Parliaments have decided
to put in place legislation to keep pace with such developments. The need to acquire appropriate
skills and knowledge on legislation, as it is adjusted, with changing technological developments
of a country, is a critical attribute for each and every citizen. Issues of environmental health and
safety have been recognised as key ingredients for the sustainable economic development of any
country.

2.3 DEFINITION OF LAW

Law are Rules and Regulations that govern the rights and obligation of persons within a
particular given society and are enforceable in the courts.

The important aspects in the definition of law are the following:

a) A system of rights and obligations. Rights are entitlements. Thus a person can own a car or
house. This is ownership or real right, Right to freedom reputation or dignity, called personality
rights, i.e right to copy right, patents, inventions and industrial designs and finally personal
Rights, i.e those that arise out of contracts and relate to performance of agreed to obligations. An
obligation is a duty. An example is the duty not to pollute the environment.

b) The law is applied to persons. In law, the word person includes the following, companies,
Municipalities, local authorities, Private Business corporations, NGOs, Statutory Corporations,
the State and natural persons etc

c) Law is applied to a particular given society. Laws or Rules operate within l given societies,
Zimbabwean society [state], global society Internationally], Community e.tc . Zimbabwean laws
are not applied in South Africa or any other country or vice versa.

d) Enforcement of law. In the event of the law being broken, then the innocent party who suffers
harm must be able to go to court to ensure. Wrong doer to abide by Rules, stop acting contrary to
Rules (interdict) or award innocent party damages, monetary loss suffered or get any other ap-
propriate relief.

In terms of provisions of occupational Health and safety laws, breach or contravention of law
may result in closure of business by the responsible inspectors, Fines and penalties in addition to
the normal remedies of damages, interdict etc under common law, in terms of civil damages.

2.4 PURPOSE OF LAW

The Purposes of law are;
a) Maintenance of law and order -Those who commit murder, theft, Rape etc must be arrested by
the Police so that they answer to Society for acting contrary to state norms.
b) Reinforce societal values - Values change from time to time. It is now considered a key soci-
etal value that all persons must not pollute the environment. Employers must ensure occupational
Health and safety of their employees and society at large.
c) To do justice in society - The issue of fairness lies at the core of any legal system is it fair that
those who emit hazardous waste in the pursuit of production and generation of wealth for their

23
own shareholders, should also be mindful of the Health and safety of the public at large and their
employees?
d) To regulate the conduct of persons of that society - Rules exist so that persons, be they
corporate legal persons or natural persons, know what conduct is allowed and what is not
allowed. If you act contrary to what is allowed, then certain penalties must be imposed on you.
e) Provision of conflict resolution mechanism - In the event of conflict between persons on the
nature of rights and obligations, the courts, arbitration, mediation, conciliation, statutory
Tribunals etc exist as bodies to adjudicate and decide on such disputes in society.

2.5 ELEMENTS OF A GOOD LAW

There are some characteristics or elements of laws that are recognised as being part of any good
law.
These are the following:
a) A good law must be made by a competent authority
Whilst laws have evolved since time immemorial, possibly since the emergence of human kind,
it is now accepted that the most competent or authentic body to make laws is Parliament.
Parliamentarians and Senators are elected by all citizens, who exercise their right to vote, for
purposes of putting in place rules or laws called legislation. MPS and Senators are our agents as
citizens and the laws they put in place, are as good as being put in place by us, the principals.

b) Equality of treatment before law

The law should treat people similarly circumstanced in the same manner, be they big or small,
powerful or weak, rich or poor e.t.c

c) Certainty of law
The rules must be clear, before your punish people for acts or missions contrary to law. Once
legislation is Gazetted then its freely available to any member of the public to purchase, read,
understand and comply with the law. Thus the Environmental Management Act. Chapter 20:27
and Regulations made under it; The Factories and works Act chapter 14:09 and Regulations
made under it, Mines and Minerals Act (Chapter 21:05), Consumer Protection Act, chapter 8: 03
etc are all at Print flow, so that all concerned can purchase such legal instruments, learn,
understand and comply with obligations in terms of Environmental Health and Safety laws,
generally and specifically within the workplace. Ignorance of the law, more so legislation is no
defence, more so for those whose rights and obligations are likely to be affected by such rules.

d) A good law must be just

Any person’s innate sense of justice and fairness is that there must not be arbitrary application of
law. This has now come to be popularly called the rule of law. Legal rules however may not
achieve justice at all times, because of the diverse nature of persons, both legal and natural
persons and their interest in society. However the end product of any law must be just or fair the
generality of society.

e) Uniformity of application
A law must be applied uniformly within a particular society, with the exception of customary
law. There must be no selective application of law for example by the Chief Inspector of
Factories, to Gushungo Milk Factories (Pvt) Ltd and Museyamwa Maputi Factories (Pvt Ltd, if

24
they all contravene. The Factories and works Act, chapter 14:09, even if situated in different
areas of Zimbabwe.

2.6 BRANCHES OF LAW

In order to learn legal Rues or law better, the law has been divided into branches. The following
are some of the major branches of the law; Public law and Private law. Public law is concerned
with relations between the State and individual, whilst Private law is concerned about
relationships between private individuals.

2.6.1 PUBLIC LAW

a) Constitutional law: The constitution is the supreme law of any country. It is ordinarily put in
place through direct voting in a referendum by the people. Constitutional law deals with the
relationship between the main organs of the state i.e Legislature, Executive and Judiciary. The
Legislative passes legislation or laws. The Executive (i.e President and Cabinet) runs State
affairs by administering and execution of laws and punishing offenders. The Judiciary or courts,
interprets, apply and enforce laws against offenders.
b) Criminal law:
Certain laws are deemed to be crimes against society e.g murder, rape, theft, treason and also
contravention, of any legislation. The punishment for breach of state laws including
environmental health and safely for offenders are fines and imprisonment or both. Further,
persons who suffer damages against those who solute the environment or cause unsafe
conditions is that innocent victims can also sue for personal damages at the individual level.
c) Law of Procedure: It is one of the most important part of rules of law, that those who break the
law it must be penalized through enforcement. Procedural law sets out how the procedures by
which rules are enforced. This sets out the steps which one follows to bring a case to court. Civil
procedure relates to how civil disputes are resolved and criminal procedure relates to how a
person who is suspected of having committed a criminal offence, e.g contravention of Factories
and Works Act, is arrested by the police, case is investigated, prosecuted, trial and sentencing
process. The law of evidence on the other hand sentencing process. The law of evidence on the
other hand lays grounds on which facts are proven, competence of evidence and Witness,
examination, cross examinations, re-examination and final submissions in court are done by
litigants.

2.6.2 PRIVATE LAW

It covers the relationships of individuals in their private capacities and is often also referred to as
civil law. The branches of law under this law are;

a) Family Law: is part of law of persons covering relationship of Husband and wife,
Engagements, marriage, division of matrimonial property, divorce e.t.c

b) Law of obligations: covers rights to performance of obligations arising out of Delict, contract
or Unjust enrichment. It covers instances where one deliberately or negligently causes harm to
another e.g discharge of effluent into rivers by municipality causing harm to others. One key
point to note is that, the Law on environmental Health and safety exhibits both public and private
law aspects. Whilst parties detrimentally effected by say polluters take legal action for redressal
e.g damages for any harm caused, contravention/ breach of legislation is a criminal offence and

25
punishable by the State. The state has seen it fit, that commissions or omissions contrary to
norms on environmental health and safety are against the state. In any case the burden of
investigation, detection and enforcement of law is vested on the public and on administrative
bodies such as EMA, NSSA, and Ministry of Mines e.t.c. However in terms of occupational
Health and safety legislation, the persons so aggrieved can take private action for redressal of the
harm suffered at the personal level. A new feature of the legal remedies as contained in the
Environmental management Act, chapter 20:27 it that whilst at attracts both fines and
imprisonment, the pollutant must pay for all monetary damages obtained and for all costs
incurred in any remedial action taken by the minister or appropriate authority

2.7 SOURCES OF LAW

Sources refer to places where the Rules of law can be found. In most continental European coun-
tries, the law is codified, as there exists a code (Book) where law is found. The laws of
Zimbabwe are recovered not codified. The body of rules or law in Zimbabwe are found in:
a) Legislation
b) Common law (Roman – Dutch Law)
c) Case law / judicial precedent.
d) Customs
e) International law
f) Text books
g) Foreign law

2.7.1 LEGISLATION
Legislation is law in written form that is passed by an authority that has been given power by
citizens to pass law. In Zimbabwe the supreme law making body is Parliament. It is the organ of
the state whose major function is to pass legislation, thus at times refereed to by the self-
explanatory term of legislature. It comprises the House of Assembly and the Senate. (A) Why
does Government legislate
Countries all over the world have intervened in the market to put in place legislation for the
following reasons;
(1) Issues of environmental Health and safety are of such critical national importance that rules
have to be put in place by central Government rather than leave the courts to develop the law on
their own.
(2) The doctrine of freedom of contract has led to manufacturers, employers, banks, finance
companies, commercial suppliers of goods and services, putting in place standards contracts
(Ticket cases) excluding or limiting their common law obligations. Thus legislation has world
wide been put in place to protect the rights of employees within the work place, individual
consumer or other vulnerable groups, in the national interest through national sovereignty.

(B) Supremacy and Importance of legislation as a source of law in Zimbabwe

In terms of the Zimbabwe constitutional law the law making powers of Parliament are supreme.
In other words, Parliament has legislative supremacy. This has two important consequences:
first, Parliament has the power to create an unlimited amount of law, secondly, no person or
body can challenge the validity of an Act of Parliament, even if the Act is unreasonable or the
Act’s passage was defective. In the case of British Railways Board v Pickin (1974) AC 765, the
respondent challenged the validity of an Act concerning British Rail, on the grounds that British

26
Rail had fraudulently concealed facts from Parliament. The House of Lords stated that the
Respondent could not challenge the validity of an Act of Parliament. Lord Morris of Borth Gest
summarized the attitude of their lordships as follows:
“The question of fundamental importance which arises is whether the court should entertain the
proposition that an Act of Parliament can be so assailed in the courts that matters should proceed
as though the Act or some part of it had ever been passed. I consider that such doctrine would be
dangerous or impermissible. When an enactment is passed, there is finality, unless and until it is
amended or repealed by Parliament. In the courts there may be argument as to the correct
interpretation and meaning of the enactment, there must be none as to whether it should on the
statute book at all “
It is indisputable, whether in Anglo-American, Roman-Dutch, Moslem, Soviet jurisdictions, that
the sovereignty of Parliament to make laws is never challenged at all.
Parliament represents the will of the people. Legislation that is made by parliament exists in the
form of primary Acts of Parliament and subsidiary legislation, i.e Regulations In the field of
Environmental Health and safety, the standards or norms or law, have basically been reduced to
legislation. Legislation on environmental health and safety cover comprehensively, work and
non-work situations. These standards are on protection of environment, prevention of pollution
and environmental degradation, regulation of public Health, ensuring employees work in healthy
and safe factories, maintenance of suitable sanitary conditions in work situations, laying down
the basic minimum conditions of work safety and health, recognition and acceptance of such
rights and obligations by courts and also ensuring full compliance and enforcement of the law.
Failure to comply with environmental Health and safety legislation means, the offenders are
liable to fines/penalties and civil damages as well Chapter 4 and 5 outlines the main legislation
on environment health and safety, both in terms of primary legislation, statutory instruments etc.
(C) Advantages of legislation
The advantages of legislation is that it is made by the most competent body i.e. Legislature, as
compared to other sources. It can also be quickly passed to comprehensively cover a whole area
of law. It can be made in advance and finally it can also be expressed clearly more
comprehensively than cases law, (Precedent). Legislative process is long and involves
consultations of people affected eg and goes through a rigorous procedural process in Parliament,
first, second and third readings in both the House of Assembly and Senate and signature by
President before coming into Law.
(D) Delegated legislation
Acts of Parliament give power to the Ministers responsible for the Administration of the Acts, to
put in place Administrative Regulations called Statutory Instruments. These are likely to be
much detailed. The Act document will contain the key policy whilst Regulations are detailed
issues.

Reasons of Delegated Legislation are:

(i) Lack of Parliament time to produce detailed Administrative Rules
(ii) Lack of detailed technical knowledge by MPs and Senators.
(iii) The need for flexibility in operations
Delegated Legislation cannot be contrary to the main Act, as then it will be ultra vires and null
and void at law. At times it need to placed before and approved by Parliament before being
effected into Law. Parliament can still exercise control over Delegated legislation, as some

27
Regulations e.g. those under NSSA Act Chapter 17.04 must be placed before and approved by
Parliament before being effected into law of Zimbabwe.

2.7.2 INTERNATIONAL LAW

As a member of the global community, Zimbabwe is a member of the United Nations, IMF, WB,
ILO, SADC and other international organizations. These organizations produce Treaties and
Conventions that are binding on members. However, in terms of the Constitution, for a Treaty to
be binding in Zimbabwe, it must be signed by the State (Government/ President), ratified by
Parliament and then enacted into domestic legislation, before it becomes effective as law. Once
this process is complied with, the Treaty or Convention is as good as a national legislation. It
becomes a Supreme source of law. However, a point that has not come before our courts is what
takes precedence in the event of conflict of a Treaty and legislation. It seems accepted though
that, once the process of adoption of Treaties has been completed, then such Treaty or
Conventions take precedence over sovereign legislation, e.g. case of R vs Secretary of State for
Transport Exparte Factor tame 1991AC 603 on Supremacy of EU law, being international law,
where it conflicted with national legislation. The same legal position is likely to be followed in
Zimbabwe.

Cases have arisen at international level on environmental health and safety eg in Bhophal, Indian
litigation arose out of a gas leak at Union Carbide in Bhophal, India. This highlighted the modern
trend of acceptance by corporations, even multinational corporations accept and assume environ-
mental liability for harm caused by their domestic subsidiary companies. It is therefore
indisputable, even in terms of international law, that multinational corporations cannot absolve
themselves for liability for environmental harm through Treaties by entering into contracts. It
becomes obligatory that corporations local and international, must observe legislations on
environmental health and safety. International Jurist M. Sornarajah in International Law or
Foreign Investment, (2nd edition 2008), makes it clear that national environment legislation
takes precedence over Investment Treaties, when he states that:
“The liability of foreign investor for environmental harm cannot be excluded by contractual
means”.

Thus, it has been recognized in terms of international law, violation of environmental standards,
contained in national legislations, justifies such states to expropriate investments from such cor-
porate that breach such legislation, without paying compensation to the owners so deprived.
Zimbabwe as a member of ILO has adopted occupational Health and Safety Conventions as part
of its laws, thus internationalizing its obligations on same.
Ω Convention number 155 on occupational Safety and Health and Working Environment, (1985)
Ω Convention 161 on Occupational Health Services (1985)
Ω Conventions 162 on Safety in the use of Asbestos (1986)
Ω Conventions 170 on Safety in the use of Chemicals at work (1991)
Ω Conventions 174 on major industrial accidents (1993)
Ω Conventions 176 on safety and health in mines (1995)
While the above is the legal position, the same position of commitment to meet Zimbabwe’s
international obligation in terms of general environmental health and Safety Treaties is also
contained in terms of section 132 of the E.M.A Act, cap 20.27, cementing international
commitments to environmental Health and Safety.

28
ROMAN DUTCH LAW (COMMON LAW)
On the 10th June 1891, the Governor of Southern Rhodesia (Zimbabwe) proclaimed that Roman
Dutch law was the common law of the country. The Constitution of Zimbabwe does entrench the
common law as Roman Dutch law. It is a combination of laws of Roman Empire and law of
Netherlands. The influence of English law should also be taken into account as it forms an
important part of our Roman Dutch law legacy. Thus on issues of health and safety, the fallback
position, if issues are not covered by statutes, is Roman Dutch principles as can seen from the
following cases.

The employer has placed upon itself a duty of reasonable care for safety of its workers including
provision of safe premises, machinery and system of work, Case Precedent Forner vs. Kemp
1960 AC 176 Celia vs. James 1964 (2) ALL ER 0, Baker VS Union Government 1930TPD 20,
illustrates and demonstrates such principles of Common Law. The major defect in common wee
shown in and demonstrated by cases Mpande vs. Forbes and Thompson (Bulawayo) (Pvt) Ltd.
1980 2LR 302 Macdonald vs. General Motors of S.A1973 (1) SA487 where the employer was
not liable for latent defects, where it took reasonable care and exclusion of liability by employers
through standard contracts, called ticket cases in the form of Exclusions or Liability clauses thus
reducing liability where workers were working on Third party premises, Compensation was also
based on the delictual principles of fault basis e.g. contributory negligence of the employee.

In the case of Kwaramba vs Bain Industries (Pvt ) Ltd S-39-01, the Supreme Court of Zimbabwe
denied compensation to a worker where there should have been a presumption of the second
schedule of S 168 0f 1990 where the worker had contracted a scheduled occupational disease.
Does it then surprise if the legislature comes in the to protect the rights of workers? The right to
workers compensation in terms of common law for accidents at work was reinforced in cases of
Jackson vs Lonestar Tribune Ltd 1939 SR 47, Native Commissioner of Salisbury NO vs National
Employers Mutual General Insurance Association 1945 SR 48 where death in a thatched house
despite requirements that he must sleep in corrugated house compound, Workers Compensation
Commissioner vs Stewart 1990 (2) ZLR 376, In south Africa in cases of Minister of Justice vs
Khoza 1966 (1) SA 410 (AD) Workers Compensation Commissioner vs Budd 1965 ZCR 89.

The key aspect in these cases was the conduct of employee was such that it was connected to the
discharge of the employer for business’. This was widely interpreted like in the cases of Upton
vs Great Railway Co [1923] 2 KB 879 Fawcett Security Operations Private vs Omar Enterprises
Pvt Ltd 1991 (2) LR 291 Biti vs Minster of State Security 1999 (1) 2LR 165 and Fawcett
Security Operations (Pvt) Ltd vs Rose SC 21-2000 note the issue of convergence of right to
compensate arising out of occupational accidents, nature of the rights and obligations in OSH.,
both in terms of Roman Dutch Common Law and statutory interventions introducing strict
liability on employer and due Process of law in courts.

The courts are critical in any given society, in that they interpret and apply the law. In the
interpretation and application of law, the courts be they Magistrates or Judges, are assisted by
certain rules presumptions, extrinsic and external aids and presumptions and aids, which all form
the subject of Principles of Interpretation of statutes. However the common law Roam Dutch
Law will continue to be important, as legislation cannot cover each and every conceivable aspect

29
of law. If the common law rules are already in place, adopted from ancient Roman and Dutch
Customary laws, then the assumptions is that courts of Zimbabwe will continue to support the
purpose and intent of legislation for promotion and advancement of all citizens health and safety
as key standards to be complied with and enforced in Zimbabwean society.

2.7.3 CUSTOMARY
Customary law is on rules of conduct that are practiced and adhered to by traditional indigenous
people of Zimbabwe. Though one of the primary sources of law, second only to legislation, it has
no significant influence in the area of Environmental Health and Safety. However, the key points
for recognition and enforcement of a custom were stated in Van Breda vs Jacobs 1921 AD 330
as follows;
(a) Long established
(b) It must be reasonable
(c) It must be clear and certain
(d) That custom must be uniformly observed by the community.
The above must be read together with the customary law and community courts Act 7:05 being
the legislation that governs this area of law in Zimbabwe.

2.7.4 TEXTBOOKS
These are not primary sources of law but can help in explaining some of the key points of law.
Textbooks, monographs and articles published in learned Journals, help in explaining the
purpose of the law, the principles behind the law and application of law practically on the
ground. They are in invaluable tool in explaining fully and clearly, law as made by Parliament
court, judgments, law as contained in Treaties and Conventions or any other primary source of
law. In an area which is rapidly developing and has its foundations in the practice relating to
Health and Safety the important issue of the basis of law, its purpose, its purpose and law how its
applied is laid down clearly in well written books and articles by occupational Health and Safety
Practitioners monographs and articles that explain the nature and purpose of the rules. In any
particular given society, the weight attached in terms of importance to this source is dependant
on standing, status and expertise of the author. If the whole purpose of law is the protection of
identified vital societal norms, the need for preservation of environmental health and safety, the
need for protection from Harm caused by production in economic development and its whole
basis or foundation is clearly and explicitly in laid out periodicals, books, monographs and
journals, then surely this becomes critical to the study of law.

(a) Professor M. Sornarajah in The International Law on Foreign Investigations (2nd Edition
2008), propounds that a State has a right to breach treaties or international conventions and
Agreements if such would adversely impact on the country’s environment. This particular
position has been adopted by the courts of most countries, both developed and developing for
example Canada, USA, UK, Egypt, Mexico and Libya etc.

(b) Ilze Olivier and Others in his Book “ Introduction to the Economic and Management Of The
Environment B 2003, traces the genesis of environmental and health issues as arising from the
doctrine of “Altruism”. This doctrine is founded on the unselfish regard and responsibility by
companies towards society at large. It focuses, first on the need for companies to protect the
social and physical needs of its employees and secondly, the need for companies to contribute to

30
the social and physical needs of society as a whole. Thus one can see this trend where regulatory
legislation focuses mainly on occupational Health and safety, whereas the EMA Act chapter
20:27, is much broader, more embracing and focuses on all aspects of Environmental Health and
safety, as a responsibility for every citizen, company or any party.

(c) Prominent South African Human Resources practitioner Peter A. Grobbel in his book Human
Resources Management in South Africa (2006) highlights key occupational health and safety
issues in South Africa. He indicates that health management practices in an organisation is there
to maintain the overall well being of individuals, while safety refers to the protection of the
physical well being of people. Thus, the aim of both programmes is to have collective objectives
of an effective safety programme in order to prevent occupational work related diseases, injuries
and accidents. He shows and demonstrates the recognition by South African society of the
wellness of employees for increased production and economic development. Grobbel deals with
problems of stress and burnout, alcohol and drug abuse, impact of HIV and AIDS on the work
place and how the values have now been reduced into legislation. In order to regulate safety and
health within the work place, South Africa has enacted the Occupational Health and Safety act
No. 85 of 1993 (OHSA). The main aim of OHSA is to provide for health and safety of persons at
work and those in connection with the use of plant and machinery, protection of persons from
occupational hazards to health and safety and the setting up of an advisory council to advise the
Labour minister on all aspects of occupational health and safety. Further to this, the Occupational
Injuries and Disease Act, No 130 of 1993 is there to regulate the payment of compensation to
persons who are injured or contract diseases while working and also aims at prevention of
accidents at work.

(d) A Training Manual for Youth Volunteers For Rushinga District produced by UN volunteers,
(1999) demonstrates the fundamental importance of community based efforts to protect the
environment and preserve natural resources for the sustainable economic development of the
country. Thus the values of EMA Act have long been recognised and accepted internationally by
the community of all nations as critical ingredients in the sustainable economic development of
any country. These values and expectations have now been reduced to the environmental
management Act, Chapter 20:27.

(e) The Training Manual For Environment Committees, produced by EMA agency, lucidly and
cleary explains the role of environmental subcommittees at local leadership levels in the
promotion and advancement of values of environmental protection and natural resources
management of areas within their jurisdiction, thus transcending national levels as well. The
introduction to the booklet clearly identifies the purpose of the local subcommittees in the overall
area of environmental protection.

It introduces the subject by stating that:

Our environment is degenerating at very fast rate and there is need to take positive action by all
stakeholders in order to ensure sustainable management of natural resources protection of the en-
vironment. It is the duty of every member of the community to use wisely, and to safeguard the
natural resources on which the present and future generations depends.
These values, built around the basic and fundamental aim of environmental protection, is every
citizens business and what runs throughout the provisions of the EMA Act, chapter 20:27.The

31
NSSA, On Guard Magazine and Aid To Occupational Safety and Health clearly identifies, in all
their volumes that the prevention of occupational injuries and diseases, leads not only to
improvement of working conditions of employees, their health and safety, but also to increased
production, investment and economic development of any country. Thus the role played by
Publicists, books, Well known authorities on human resources, environmental protection, natural
resources management, occupational health and safety in clearly espousing the values and best
practices, should never be under estimated. They lay the background, policy framework clearly
such that legislation should be read in that light as well.

2.9 SUMMARY
In conclusion, it becomes clear and inarguable that any study of law in a country such as
Zimbabwe, means a study of Sources. The main source of law means in the subject of
Environmental Health and Safety, evaluation and appraisal of governing Acts and Regulations.
Judges in interpreting and applying safety legislation are attempting to discover the true intention
of the legislature. Statutes are not perfect and despite the arm for comprehensively new issues on
occupational Health and Safety arose each day and courts will need to use their knowledge and
expertise and Roman Dutch law cover any gaps. A lot of changes and updates on environmental
Health and Safety legislation are anticipated. It is imperative that health and safety practitioners
keep up to date with the ever-changing face of legislation in this area.

32
 UNIT 3

ENVIRONMENTAL HEALTH AND SAFETY

LEGISLATION IN ZIMBABWE

3.0 INTRODUCTION
The standards of Environment Health and Safety are now basically covered and regulated by
legislation. This covers Environmental Health and Safety. The Health and Safety Practitioner is
the advisors on compliance and also further ensures that systems are put in place for effective
implementation of legislative provisions for companies business organisations or entitles
regarding, the privileges to operate in Zimbabwe and the price of compliance with the law.
In the event of the law being broken or breached, it means the person, be it natural person or
company, is committing a criminal offence. These offences are also complemented by heavily
financial penalties, such as imprisonment fines and civil damages. In this part one should read
and understand legislation of general application to Environmental Health and Safety and then
focus will be on occupational Health and Safety legislation.

At the end of this Unit, you should be able to understand and explain the following:
Sustainable management of Zimbabwe’s natural resources, prevention of pollution and
environmental degradation and any other hazards in terms of Environmental Management Act
chapter 20:27, hereinafter called EMA Act.
Regulations of public health matters in terms of Public Health Act, Chapter 15:09
Occupational Health and Safety Legislation administered by the national social security
Authority and Minister of Mines.
Evaluate the importance, especially to companies and business enterprises, of complying with
both general and occupational Health and Safety legislation.

3.2 ENVIRONMENTAL MANAGEMENT ACT CHAPTER 20:27

(i) Introduction
The Environmental Management Act Chapter 20:27 hereinafter called EMA Act is the main Act
that regulates generally, Environmental Health and safety in Zimbabwe. The preamble to the Act
is clear and explicit in this regards as it states the main objective of the legislative as:
“An Act to provide for the sustainable management of natural resources, protection of the
environment, the prevention of pollution and environmental degradation, the preparation of
National Environmental Plan and other plans for the management and protection of the
environment, references to intensive conservation areas and committees and associated matters
in various Acts, to repeal the Natural Resources Act the Atmospheric Pollution Prevention Act
(Chapter 20:03) the hazardous substances and Articles Act Chapter 15:05) and the Noxious
Weeds Act Chapter 19:07) and to provide for matters connected with or incidental to the
foregoing.“
This Act came into force on 17th March 2003, whilst the repeal of Acts mentioned above
occurred on 7th April 2006. The background to EMA Act was to consolidate existing acts
relating to environmental Health and Safety and sustainable management of Zimbabwe. Natural
resources It was a culmination of the realisation that the pursuit of economic markets and profits
by companies, business and investors needed to be balanced with environment health and safety
for the achievement of sustainable economic development of Zimbabwe are The Natural
Resources not infinite, as they face problems of depletion in production and manufacturing
33
produces waste that causes Health and environmental problems, industrial growth and increase in
populations. Industrial growth and increase in population pressures have bought in problems of
air and water pollution and issues of global warming. This brought out the need to balance
economic developments and environmental Health and Safety. The EMA Act was put in place
by Government, in order to set the standards and balance issues of management of natural
resources and economic development, being cognisant that a regulatory framework was also
needed to govern the obligation to ensure environmental health and safety for the benefit of
citizens of Zimbabwe.
(i) Key components of EMA Act
The supremacy of the legislation to other legal instruments is entrenched in term of section 3 of
the Act . It is specifically provided in terms of section 3 of the Act, that as a consolidation Act
EMA is an addition and reinforces other legislation which are not inconsistent with it .
The EMA Act shows the capacity and ability, absolutely of Parliament to drastically update and
strip away any existing laws and replace it with comprehensive laws which cannot be
challenged. Thus such legislation as Natural Recourses Act Chapter 20:13. Atmospheric
Pollution prevention Act Chapter 20:0,. The Hazardous Substances and Articles Act substances
and articles chapter 15:05 and the Noxious Weeds act chapter 19:07 have been abolished or
repealed and are no longer part of Zimbabwean laws. The provisions of rules which were
contained in these Acts are now contained in the EMA Act. The EMA acts becomes the main
legislative law that governs environmental health and safety. It is therefore of fundamental
importance that in the filled of environmental Health and safety, the key provisions of EMA Act
known, and understood and applied.
(ii) Multi-sectional and International Approach of EMA Act
The EMA Act focus on a multi stakeholder approach to the whole area of environmental
protection. Thus difference institutions such as the forestry commission. Rural District Councils
National Parks and Wildlife Traditional leaders and even the ordinary citizen are key organs for
the effectiveness enforcement of specific pieces of environmental legislation. At Global Level it
has now been recognised and accepted the safeguarding of the environment takes precedence as
measures of a state to protect the health morals and environmental cannot be deemed to be
expropriation. The main statement that captures each and every citizens obligation towards EMA
is that environment protection is everyone s business.” It’s a norm that transcends the EMA Act.

(iii) Administration
The Administration of Act falls under the minister of Environmental and Tourism. The Minister
has the obligation as laid down in terms of section 5, of regulation, coordination and monitoring
of all aspects protection of environment. He is assisted by National Environmental Council of
appropriate permanent secretaries, being an advisory and coordination arm at ministerial levels,
the Agency and it s Board and management, fully expanded below.
Section 2 Contains some key words found in the EMA act and some of these are:
1) “Effluent” means waster water or other fluid originating from domestic, agricultural
or industrial activity, whether the water or fluid is treated or untreated and whether
it is discharged directly into the environment;
2) “Emission” means gas, fumes, smoke, dust odour originating from domestic, agricultural or
industrial activity, vehicles, engines or processes;
3) “Environment” means
a) The natural and man- made resource physical resources, both biotic and a biotic,

34
occurring in the lithosphere and atmosphere, water, soil minerals and living organism, whether
indigenous or exotic, and the interaction between them;
b) Ecosystems, habitats, spatial surroundings and their constituent parts, whether
natural or modified or constructed by people and communities, including urbanised
areas, agricultural areas, rural landscapes and places of cultural significance;
c) The economic, social, cultural or aesthetic conditions and qualities that contribute to the value
of the matters set out in paragraphs (a) and (b);
4. “Hazardous substance “ means any substance, whether solid, liquid or gaseous, or any
organism which is injurious to human health or the environment;
“inspector: means an inspector appointed in terms of section thirty – five:
5. “Invasive alien species” means, generally, exotic plants which have become naturalised and
threaten the existence of indigenous species by penetrating and replacing
indigenous vegetation, “licensing authority” means any person whom power is conferred under
any enactment to issue a licence in respect of any activity required under that enactment to be
done or carried out with a licence;
6. “Manage”, in relation to the environment, mean to manage with a view to securing its
protection, conservation, regulations, rehabilitation or sustainable use, or any
combination or all of the foregoing.;
7. “Natural resource” includes-
a) The air, soil, water and minerals of Zimbabwe;
b) The mammal, bird, fish and other animal life of Zimbabwe;
c) The trees, grasses and other vegetation of Zimbabwe
d) The springs veils, sponges, reed beds, marshes swamps and public streams of

e) Any other thing that the President may, b notice in a statutory instrument, declare to
be a natural resource, including a landscape or scenery which, in his opinion, should
be preserved on account of its aesthetic appeal or scenic value;
8. Noxious or offensive means the gases fumes, dust odours and smokes.
9. Pollutant means a substance which when released from any process is capable of
causing pollution.

10. Pollution means any direct o indirect alteration of the physical, thermal, chemical,
biological or radioactive properties of the environment caused by the discharge,
emission or deposit of a substance into the environment in such quantity and for such duration
and under such conditions as to cause an actual or potential danger to the environment or human
health.

11. “Premises means any building or structure including the land on which such building or
structure is situated,
12. Project means an activity which has or likely to have an impact on the environment.
13. “Responsible Minister in relation to environmental matters means any Minister or Vice
President who in terms of nay enactment is powered or required to exercise
any function in respect of the environment.
14. Sustainable utilisation means the use or exploration of the which guards against the extension
against the extensions depletion or degradation of any natural resources ad permits the
replenishment of natural resources by natural means or otherwise.

35
15. Waste includes domestic commercial or industrial material, whether in a liquid, solid gaseous
or radioactive form which is discharged emitted or deposited into the
environment in such volume, composition or manner as a cause pollution.
16. Wetland means any era of mesh fen, peat land or water whether natural or artificial,
permanent or temporary with water that is static or flowing, fresh , brackish or salt
and includes riparian land adjacent to the wetland
17. Works means measures taken or anything whatsoever constructed or to be
constructed with a view to managing the environment.
(iv) Fundamental rights and principles of Environmental Management
Part II of the EMA Act sets out the fundamental principles of the regulatory framework of
environmental Health and safety management in Zimbabwe. The environmental rights and
principles of management are set out in section 4 of Act as yellows;

(A) ENVIRONMENTAL RIGHTS

The key environmental Rights areas are as follows:
(1.) Every person has a right to a clean and health environment
(2.) Every person has a right to access to environmental information.
(3.) Right that all persons have an obligation to protect the environment, through prevention of
pollution and environmental degradation.
(4.) Right that all persons shall have an obligation to secure sustainable management of Ecology,
natural resources, in the promotion of economic and social development of Zimbabwe.
(5.) Right to participate in policy, legislative and other measures for protection of environment.

(B) THE PRINCIPLES TO BE OBSERVED BY ALL PERSONS IN THE

MANAGEMENT OF ENVIRONMENT ARE LISTED IN SECTION 4 (OF EMA ACT,
ARE CLEAR
AND AS FOLLOWS:
— The need for integration of all aspects of environmental Health, as these
are connected be it general or occupational.
— Priority of promotion of Good of all people of society.
— Instituting principle of Good Corporate Governance in environmental management.
— Need for education and dissemination of information on environmental issues.
— Economic production and development need to be balanced with social and
environmental policies
— Promotion of Environmental Rights as priority in production and economic development.
— Persons who cause environment pollution or degradation must meet full costs of
remedies or prevention of such consequences.
— Need to adopt international obligations in protection of Environment and Health
in Zimbabwe.
— The need to pay special attention to sensitive, vulnerable and highly dynamic or
stressed Ecosystems e.g wetlands. It is specifically provided that the Rights and
principles set are basic guidelines set in terms of legislation, needing expansion
in plans, in terms of the intent, purpose and spirit of law by those who practice and
apply the laws as practitioners.
(V) National Environment Council

36
The national environmental council is set up in terms of Part III of Act, to generally advise on
policy formulation, national goals, cooperation and coordination of all ministries, Departments,
Private sector, NGOs, on all environmental programmes. It comprises all those Ministries
responsible for environment matters; environment, Agriculture, Education, Energy, Forestry,
Mining, Finance, Health, Industry, Water, Resources Justice, local Government, Tourism etc.

(vi) Environment Management Agency

This is the corporate body established with the mandate, as a policy-making Agency, for
sustainable natural Resources management and for the protection of the environment. It has a
Board of Directors, to direct and control its functions. Thus it directs and controls the
implementation of sustainable development, which must be economically, socially and
environmentally sustainable, promotion of environmental education and awareness, ensure
sustainable use of natural resources, protection of wetlands, control of alien species, puts in place
national environment plans of actions, carryout environment impact assessment, audits and
monitoring assessments, audits and monitoring of such project and enforce the EMA legislation
and Regulations.

(vii) Environment Management Board

The operations of the Agency are managed by a Board established in terms of section 11 of
EMA Act. The members must be at least 9 and must comprise of experts in fields of environment
management and planning, environmental Economics, Ecology, Pollution, waste management,
soil science, water, sanitation, and law. Persons of questionable character e.g. insolvents convicts
etc are disqualified. There are provisions of fielding vacancies, appointment of chairman and
Vice chairman by president cooption of board members by Board on approval of Minister,
conduct of meetings, setting up of committees of Board and their terms of reference and
functions, remuneration and allowances, directives to the Board by Minister in the national
interest, production of reports of Agency, access by Agency to all appropriate ministers,
consultation by the board of technical experts, hearings before board and powers o summon
witness and take evidence, penalties for failure to attend hearings, giving false to attend hearings,
giving false evidence, reference of questions of law to High Court, protection of state interests
etc.

(viii) Staff of Agency

Part VI of EMA Act provides for appointment of staff of Agency, Director General (Section 34)
Inspectors and other Officers (section 35) The Director General is the Head of EMA on a day-to-
day basis. The inspectors appointed are to ensure compliance and enforcement of provisions of
the Act. Further there is provisions for appointment of other officers such as Environmental
Officers, Licensing Officers and any other officers. These officers must be provided with identity
cards identifying then as such agents of the Agency.

Section 36 of Act provides for monitoring functions of staff of EMA, being;

a) To ensure all persons including the state, complies in promotion of healthy, clean and safe
environment in Zimbabwe.
b) Environment plans are in place and implemented by responsible persons.
c) Prevention or minimization of pollution, degradation of ecosystems, loss of biodiversity,
disturbance of landscape, proper disposal of waste, coordination of policies to prevent

37
environmental pollution, coordination of environmental quality standards, avoidance of any
activity that may adversely affect the environment etc.

There are also provisions for the committee to recommend criteria for classification of hazardous
wastes regarding hazardous waster, corrosive waste, flammable waster, toxic waste, radio active
waste or any other type of wasters prohibition of discharge of hazardous substances, chemicals
and materials or oil into the environment section 73 standards on pesticides and toxic substances
to be maintained, section 74, applications for registration of pesticides and toxic substances
section. 75 and the offences that will be committed section 77, seizure of pesticides and toxic
substance not allowed in terms of Act, setting of noise levels for preservation and maintenance of
public health and environment section 79, prohibition of noise in excess prohibited standards
(Section 80) exemptions that may be prescribed by the Board section 81.
There is also provision for setting of standards for control of noxious smelts
(Section 82), prohibition against littering
There is also provision of application for licence for possession of radioactive materials section
84, provision for entrance and search by EMA inspectors relating to cognising? radiation section
85, offences for contravention of the regulations (Section 86) (x) Environment plans

Part X of the act provides for putting in place of environmental Plans by minister 587, in
consultation with all interested parties. The Plans must in terms of section 88 contains strategies
and measurements for management of natural resources, protection, restoration and rehabilitation
of environment, covering ecological system, natural resources and natural beauty, their
sustainable utilization, effective use and reuse, prevention or mitigation of global climatic
change, protection of environment, implementation of international conventions to which
Zimbabwe is party, protection of environment against pollution and harmful and uncontrolled
use of hazardous substances and ensuring integrated approach to maintenance and improvement
of environment. There is also provision for invitation of public comment by minister through
notice in Government gazette on plans (section 89) confirmation of plan by Minister section 90,
Plan to be laid open for inspection for free (section 91) the binding nature on all persons and the
State section 92, changes to be Gazetted section 93, Review and replacement of plan to be
Gazetted section 94. There is also provision for Local authorities to put in place Environmental
action Plans to be approved by Minister (section 95).
(xi) Environmental Impact assessments audit and monitoring of projects
Part XI requires parties to be put in place Drainage and irrigation systems forestry Housing
development, any industry, infrastructure, mining and quarrying Petroleum production, storage
and distribution, Power generation and distribution, Tourist, Resorts and Recreational
developments, waster Treatment and deposals, water supply to submit an environmental
assessment report together with project to the Agency’s Director General for approval
certification.
The Developer must submit a prospectus and assessment report as may be prescribed, which may
be varied on approval or rejected. In terms of section 99 of Act, the Environmental Impact
Assessment report must be detailed, showing activities to be undertaken, reasons for choice of
site, likely impact of project on environment, measures to protect environment methodology etc.
The Project can only be implemented on issuance of certificate of approval, certificate is valid
for two (2) years, Director General must maintain Register of certificates (section 102) Transfer
of certificates is prohibited section 103, certificate can be amended, suspended or cancelled in

38
term of section 104 by Director General developer must notify Director General if project is not
implemented in terms of section 104, environmental audits of projects can be carried out by dg
and local authority, developers have a duty to minimize adverse effects of project on
environment and finally, the Reports can be inspected at Directors .Generals office in terms of
section 1080 EMA Act.
(xii) Conservation and improvement of environment
Land may in terms of section 109 of Part XII be compulsorily acquired for environmental
purposes section 110, Minister may construct works for environmental management purposes
(section 111) such costs will be borne also by person to benefit, section S.13 provides for
protection of wetlands by the Minster, ministers power to make orders to owners or occupiers for
protection of environment section 114, powers also bestowed on inspectors section 115, Minister
has power to make orders for conservation of and access to biological diversity section 116,
make regulations on biological and genetic resources in terms of section 117. (xiii) Control of
Invasive alien species
Part XIII section 118 to 127 provides for control of invasive alien species. Invasive alien species
are those exotic plants which have become naturalised and threaten the existence of indigenous
species such as water hyacinth, Kariba weed, Azola, water lettuce, water fern, jointed cactus,
moon flower cactus, cactus Rosea, wild oats, Dodder, cherry pie etc. Section 119 casts a duty on
responsible persons to clear invasive alien species, powers of inspectors to enter land to check on
the existence of invasive species power of Police and Inspectors to give warnings for failure to
report or clear in invasive species, prohibition of persons placing invasive alien species in water
or roads section (123) power by Inspectors to take samples of seed, grain treatment plant likely
to spread invasive species (Section 126).
(xiv) Adjudication of disputes and appeals
A specialised statutory tribunal system is prescribed in terms of section 129 of Act. Appeals from
decisions of Inspectors are made to the Director General, then against decision of Director
General to the Minister in terms of section 130, provisions as also made for appeals to the
Administrative Court and its composition is prescribed on such appeal and then Supreme Court.
(xv) International obligations and commitments
Part XV provides low international obligations and commitments, if such may be signed, ratified
and accession to the treaty and convention is done. (xvi) General

General section 133 provides for delegation to local authorities of environmental management
functions by the Minister, no limitation of RDC’S powers in terms of RDC Act Chapter 29:13
section 134, provisions by Minister of incentives for environmental management, observation of
rules of natural justice on adjudication, offences section 137, abstracting or hindering Inspectors
in the performance of duties, fraudulent tampering with sample, making false or misleading
statements, selling hazardous substances, improper use of certificates, forgiving documents,
importation and sell of hazardous substances, and any other offences. The offences carry
sentences of 12 Months x level 14 USD5000) fine, $ 4 years x level 14 USD$5000.00 for
subsequent conviction, remedial action, reimbursement to minister of remedial cost of action
taken section 140 is on Regulatory powers of a minister.
Section 141 deals with on any amendments to projects, Section 142 with amendments to
water Act, forest Act, Agricultural Land settlement Act, Communal lands Act, Parks and wildlife
Act, Rural lands Act, Rural District Councils Act Urban Councils Act (RDCS), Urban councils
Act, mainly to incorporate environmental committees, section 143 is on repeals of natural

39
resources Act, Atmospheric pollution Act, Hazardous substances and Articles Act and noxious
weeds act, so that the provisions in these acts now fall under the EMA act. The EMA act is the
“magna catar” of rules and regulations that govern environmental Health and safety such that
practitioners are clear about the effects and importance EMA Act.

3.2.1 REGULATIONS MADE IN TERMS OF THE EMA ACT

In terms of section 140 of EMA Act, the minister in consultation with Agency and any relevant
minister, may make Regulations or Statutory Instruments covering each and every conceivable
aspect on environmental management. To date the following regulations have been made by the
minister.
Regulations made in terms of EMA Act are:
Environmental Management (Access to Genetic resources
based Knowledge Regulation 2009 61/2009
Environmental Management (Atmospheric Pollution Control)
Regulations 2009 72/2009
Environmental Management (Control of Ozone Depleting
Substances and Ozone Dependant Equipment) Regulations, 2004
133/2004 Environmental Management (Effluents and Solid Waste
Disposal Regulations 2007 6/2007
Environmental Management (Environmental Impact
Assessment and Ecosystems Protection) Regulations 2007
7/2007 Environmental Management (Hazardous Substances,
Pesticides and other Toxic Substances Regulations , 2007
12/2007 Amendment No 1 99/2008
Environmental Management (Hazardous Waste Management)
Regulations, 2007 10/2007
Environmental Management (Importation and Transit of Hazardous
Substances and Waste) Regulations, 2009 77/2009
Environmental Management (Plastic Packaging and Plastic Bottle)
Regulations, 2010 98/2010

40
ACTIVITY
List and explain environmental rights and principles as per the Environmental Management Act,
chapter 20:27. [20]
Briefly comment on the application of the EMA Act in relation to other laws, especially
legislation, which may conflict with the EMA Act. [5]
Explain the powers of ema inspectors and how they enforce their decisions in terms of EMA Act.
[10]
Is your organisation environmental aware? explain your position. [15]
Explain briefly the key principles of the ema act as it relates to the following:
a) Environmental quality standards and main issues covered. [5]
b) Environmental plans. [5]
c) Environmental impact assessment, audit and monitoring of projects. [10]
d) Conservation and improvement of environment. [5]
e) Control of invasive and aliens species. [5]
f) Adjudication of disputes, appeals and enforcement. [5]

PUBLIC HEALTH ACT CHAPTER 15:09

Introduction
The Public Health Act chapter 15:09 [Herein after called Act] is there to provide for the manage-
ment and administration of all areas of public health in Zimbabwe. The main purpose of the Act
as directed and controlled by the ministry of Health are listed in term of section 3 of the Act.
These are to:
(i) Prevention and guarding against the introduction of disease from outside
(ii) The promotion of public health and the prevention, limitation or suppression
of infections and contagious disease, within Zimbabwe.
(iii) Advice and assist local authorities in regard to matters of public health.
(iv) To promote or carry out researches and investigations in connection with
the prevention or treatment of human diseases
(v) To prepare public Reports and statistics or other information relative to public health.

4.2.2 MAIN PROVISIONS OF ACT

The administration of the provisions of the Act is under the Minister of Health. However, there is
also an advisory Board on Health, set up by the minister to advise the Minister on all issues to do
with Public Heath. The secretary for Health is the Chief Public Health Officer Office in terms of
section 5 of Act. Local Authorities also play a pivotal role as they appoint medical officers of
Health within their area of jurisdiction and set up Health committees. (b) Notification of
infectious disease
In terms of part III of the Act there is duty cast on medical practitioners or responsible persons to
give notices, to stipulated officers of infectious disease and also a duty to prevent and suppress
infectious disease inspect premises and examine persons, provides suitable hospital facilities for
people suffering from infectious diseases, provisions of ambulance and mortuaries, removal to
hospital of affected persons for proper treatment, put adequate measures prevent spread of such
diseases and generally to comply with Regulations that may be made by the Minister regard such
infectious diseases.
(c) Regulations regarding formidable diseases

41
In terms of section 36 of Act there is a duty on any responsible person medical practitioners,
principals of schools, Heads of families, Employers owners of land or occupies to report to a
local authority formidable diseases such as influenza, plagues etc. This must be done by the most
expeditious means available, control measures put in place by Minister must be followed,
including any regulations regarding same.
(d) Control and regulations of Venereal Disease Part IV
There is a duty cast on Medical Practitioners to inform patients on contraction of such diseases
inform them of penalties for transmission of such diseases, need for detention of persons suffer-
ing from such diseases, examination of persons in areas of outbreak, preservations of privacy and
compliance with any regulations put in place by a Minister. (e) Compliance with International
Sanitary regulations Part IV
There is need to comply with Zimbabwe’s international obligations once such statutory
instruments is place in place by the Minister.
(f) Regulation of supply of water and Food Part VI
The need to regulate supply of clean water, sale of wholesome food and approval of water works
by state.
(g) Infant Nutrition Part VII
The regulations are feeding for and infant nutrition through promotion of breastfeeding, control
of standards and quality food for infants, regulating marketing and sale of infants food regulating
of production and distribution of such food.
(h) Regulations of slaughter houses insurance of licenses for slaughtering animal for sale is con-
tained in part VIII of Act and this must be licensed
(i) Sanitation and Housing

It is the responsibility of local authorities to ensure the provisions of clean and sanitary
conditions and prevent nuisances in their areas of jurisdiction Inspections Offences penalties and
Enforcement of Act

The Act also does provide for powers of entry and search by Health inspectors powers to make
regulations by minister of health, penalties for contravention of act and regulations.

SUMMARY
The chapter covered issues core to the regulation of the environment thev principal legislation
being consolidation in the environmental Management Act ,conservation and protection of Wild-
life, issues of Trade and sustainable Development ,role of International Treaties and Conventions
in conservation of the environment and Trade and regulation of public health matters.

Practice Questions

Discuss full environmental rights as contained in the Environmental Management Act Chapter
20:25. [25]

Explain fully the key issues that are regulated by the Public Health Act
Chapter 15:09. [25]
Joe is operating business enterprises in Harare. Sanitation workers in his area go on strike to
obtain higher wages. As a result, there is no refuse removal service for ten days. Joe puts all the

42
left overs in plastic bags, but the situation deteriorates since refuse starts to decay. There is
danger of a disease outbreak. Joes friend tells him to dump the refuse in an open space near the
complex at night as no one will even know who did it. Joe is in a dilemma as his customers are
now complaining. Advise Joe on what he should do. [10]

Explain and evaluate the importance of environmental Health and Safety Legislation in the
context of EMA and Public Health Acts of Zimbabwe.

The city of Harare has been discharging effluent from its sewages and rivers, thereby
causing pollution of water and death of fish. As the person in charge of health and safety,
explain the implications to the town clerk of issues arising out of this situation.

43
 UNIT 4

LEGAL FRAMEWORK FOR ACCIDENT PREVENTION IN

ZIMBABWE 4.0 Introduction
Legislation is an essential policy instrument that governs the conduct of individuals in society. It
is therefore essential to understand the requirements of this legislation in order to make informed
decisions as well as to understand the legal implications of not complying with the legislation. In
Zimbabwe there are several laws that govern accidents and incidents. The overarching legislation
is the Factories and Works Act and specific supporting statutory instruments such as the
Accident Prevention and Workers compensation scheme S.I.68 of 1990. These instruments try to
foster a culture of “zero harm” by putting in place mechanisms to prevent accidents as well as
giving accountability to specific stakeholders including employers, employees, supervisors and
safety, health and environmental representatives. Legislation in Zimbabwe also specifies cat-
egorically that all accidents, incidents and near misses shall be investigated by an organization.

4.1 Unit Objectives

o To understand the requirements of the legal instruments for accident prevention in

o To explain the responsibilities of employers, employees, supervisors, safety health and

environmental committees, safety health and environmental representatives
o To understand the legal requirements for procedures to be followed in the case of
accidents and injuries
o To identify specific requirement of the Accident Prevention and Workers Compensation
Scheme S.I. 68 of 1990 of Zimbabwe

6.2 The Factories and Works Act Chapter 14:08

6.2.1 Aims and Objectives of Act
The aims and objectives of the Factories and Works Act Chapter14:09 are specified in the pre-
amble of the Act: “An Act to provide for the registration and control of factories, the regulations
of conditions of work in factories, supervisions of the use of machinery, precautions against
accident to persons employed on structural work and for matters incidental to the foregoing.”

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6.2.2 Administration and Management
The Act in terms of law is administered by Minister of Labour; the implementation rests under
the auspices of NSSA. In terms of the Act, the Minister of Labour appoints the Chief Inspector
and inspectors who must ensure compliance and enforcement of the provisions of the Act. The
Act generally governs the conduct of factories regarding to the occupational health and safety as
well as industrial hygiene measures. In this respect there are specific regulations in each of the
statutory instruments that provide for accidents and incident but perhaps the most specific
regarding accidents and incidents and incidents is the statutory instrument on Accident
Prevention and Workers Compensation Scheme. The Factories and Works Act has several
regulations including the following:

6.2.3 Registration and Control of Factories, Regulations 262 Of 1976

This regulation prescribes plans for registration, floor space, ventilation, lighting sanitary conve-
niences, washing facilities, change rooms, cleanliness of factories, fire precautions, storage and
inspection of inflammable substances and issues of taking meals in factories.

6.2.4 General Regulations S.I 263 Of 1976

The regulations provide for protection against noise, provision of protective clothing, delinking
water, first aid, medical fitness, dust and fumes ladders and cranes.

6.2.5 Building Structural and Excavation Works S.I 264 Of 1976

The regulation specifies requirements for of building and scaffolding works, guidance, safety
nets, belts excavation and proper lighting of work places. It is one of the key legal instruments
applicable to high risk environments such as construction sites, quarries and mines where
scaffolding and working at heights are common. There are prescribed regulations in building and
construction work to avoid or prevent accidents e.g. building or construction can only be done
under the supervision of competently certified persons by Inspectors in terms of the Act

6.2.6 Elevation and Escalator Regulations S.I. 278 Of 1976

This regulates the provision of locks and switches for latch way doors, over travel devices
alarms, fans, leveling, clean pits, water gauges and ropes and connections.

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6.2.7 Boiler Regulations S.I. 279 Of 1976
This is a specific regulation with requirements for ensuring that the shell plate thick enough to
hold working pressure, provision of relief valves, right water levels, water gauges, protective
equipment to machinery regulations.

6.2.8 Machinery Regulations S.I. 302 OF 1976,

It is a statutory instrument relating to the provision of training of machine operators, duties of
users, attendance on machinery, and obedience to orders, machine guarding switching on and off
of machinery and intoxication and use of clothing. According the requirements of this
instrument, training is regarded as one of the essential tools required for the prevention of
accidents and incidents in the workplace.

6.2.9 Pressure Vessels Regulations S.I. 303 Of 1976

This statutory instrument provides requirements for the regulations of pressure gauges, safety
valves, drain locks inspection and tests level indicators and proper handling. These are essential
tools for minimising the occurrence of accidents and incidents.

6.2.10 Electrical Regulations S.I. 301 Of 1976

This regulation is for the provision of fencing and enclosures notices prohibiting unauthorised
personal safety precautions proper use of switch Boards wearing of gloves as part of safety
equipment, earthing and proper installation. It is a regulation meant to enhance electrical safety
and give warnings to people including employees so that they are less vulnerable to electrical
accidents caused by unauthorised entry or access to areas with electrical hazards without prior
knowledge.

6.3 Accident Prevention and Workers Compensation Scheme S.I. 68 Of 1990

The Accident Prevention Workers’ Compensation Scheme S.I. 68 of 1990 the Preamble states
that “The scheme is established for the provision to workers of such compensation in respect of
injury arising from their employment as is specified in this notice [Scheme]. However the other
primary and core objective is directed at safety of employees, through prevention of accidents.

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This defined in the scheme as, Accident means “an unlocked for mishap or untoward event or
process of work arising out of and in the course a worker’s employment, which was not expected
or designed by the worker and which results in injury to him”. Section 15 (5) of the scheme
states that “For the purposes of accident prevention, the General Manager shall ensure that the
provisions of third schedule are complied with”. This lists the duties of employers, workers and
other persons in relation to Accident Prevention, with special emphasis on general duties of
Manufacturers Designers and Suppliers of machinery goods and products. In this regard the legal
provisions highlighted in this statutory instrument give specific responsibility to employers,
workers and other persons with regard to accident prevention and emphasis on proactive
measures to be implemented by each of the above mentioned stakeholders. The scheme is
basically is under by Minister of Labour and it is administered by the National Social Security
Authority (NSSA).

6.3.1 Administration and Management

The scheme is administered by NSSA General Manager and NSSA Board, in terms of NSSA
Act, Chapter [17: 04]

6.3.2 Objectives and Aims of Scheme

The major aims of the scheme are twofold, firstly provision of compensation to workers in
respect of injury arising out of their employment and secondly the promotion of Occupational
Health and safety, through accident prevention, expended as follows:
(1.) Providing financial relief to employees and their families when an employee is injured or
killed in a work related accident or suffers from a work related disease or dies thereof.
(2.) Creating an awareness of, and promoting health and safety at all places of work.
(3.) Encouraging adoption of health and safety legislation through factory and machinery
inspections.
(4.) Providing rehabilitation services to disabled employees so as to reduce their disablement and
return them to their former employment or otherwise prepare them for a useful and meaningful
place in society.

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6.3.3 Key Principles of Scheme
A worker is widely defined so that all those who can easily come under the definition of employ-
ment are covered for workers compensation. Those not covered by this scheme include domestic
workers, outworkers and civil servants.

to be an employer in terms of the labour laws of Zimbabwe.

based on accident record of employers. The benefits are mostly periodical payments, pensions,
widower’s pension, children’s allowances, funeral expenses, rehabilitation expenses and training
expenses on accidents or injuries arising out of and within course of employment. It is essential
to note that the coverage of this scheme regarding to payment and compensation is specific to
work related injuries. The Third Schedule of the scheme contains extensive provisions relating to
duties of employers, workers and other persons relating to accident prevention, work safety,
accident investigations, complementing other occupational safety and Health legislation which
also encompasses environmental Health and safety laws, which employers must comply with.

In promoting safe working conditions and fostering accident prevention, the scheme gives great-
er responsibility to the employer in providing an accident free environment in the workplace.
The Scheme makes it mandatory that it is the obligations of employers to ensure that a safety
committee is established, a safety supervisor is appointed and that workers Health and safety
representatives are elected at each place of work. A safety committee as per scheme must have
more than 50% workers representatives and less than 50% managerial employees. The guiding
principle of such a safety committee is commitment and dedication to occupational Health and
safety. Its terms of reference as per scheme are as follows,

6.3.4 Duties of the Safety Committee

The Safety Committee shall:
a) Keep informed on the legislation and standards on occupational safety and health in force:
b) Be given all relevant health and safety information relating to the work place by the employer.

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c) Adopt a written policy statement that addresses the health and safety problems at the
workplace. In subsidiary companies the health and safety policy shall take cognizance of the
parent company’s health and safety policy;
d) Develop and maintain a programme for the implementation of that policy;
e) Monitor the state of working conditions at the workplace;
f) Investigate all accidents, near accidents, and occupational diseases; keep a record of them and
make recommendations aimed to prevent their occurrence in the future; assist in and follow up
the processing of compensation for the injured workers;
g) Perform periodical inspections of the working conditions and give recommendations for
improvement;
h) Draft recommendation for the improvement of the working conditions and supervise the
implementation of the recommendations;
i) Ensure that the employer and relevant health professionals establish and implement
occupational health services and appropriate periodic medical tests at the workplace;
j) Inspect new plans for the work place relating to occupational safety and health and give
recommendations;
k) Plan and follow up the training programmes for management and employees in occupational
safety and health;
l) Co-operate with the government inspectorate and with the employer’s representatives in
following up inspection reports and supervising the implementation of the inspectorate’s
recommendations.
m) Empower the management safety supervisor and the workers’ health and safety representative
to stop work that poses an immediate danger to workers and ensure that the risk is eliminated
before the work continues;
n) Keep written records of inspections, meeting etc.
It is mandatory that each and every company must appoint a person to be in charge of all matters
of Occupational Health and safety to be called Safety supervisor.

6.3.5 Duties of Safety Supervisor

The Safety Supervisor shall:
a) Familiarise themselves with laws and regulations relating to occupational safety and health;

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b) Familiarise themselves with working conditions at the work place and follow the
developments;
c) Ensure the management receives the necessary information on laws and regulations relating to
occupational safety and health.
d) Take part in the factory inspections, accident investigations and other surveys related to the
working conditions at the factory;
e) Co-operate with the safety committee, health and safety representative, Factory Inspector and
other persons related to occupational safety and health;
f) Arrange investigations of accidents, reporting hazards or occupational disease occurring at the
work place;
g) Ensure that actions are taken to improve the working conditions based on the above
mentioned investigations and on reports from the workers concerning absence of or defect in any
equipment or protective device or other working conditions endangering the workers;
h) Ensure that necessary inspection of machinery, construction safety and other occupational
safety and health related inspections and surveys are carried out by the work place’s safety
personnel;
i) Ensure that the first aid functions and training are arranged at all areas of the work place;
j) Stop work that poses an immediate danger to workers and ensue that the risk is eliminated
before the work continues.
The scheme requires that there be appointed at each work site, a Workers, Health and safety
representative. These are representatives of workers and must be appointed with the assistance of
Trade Union concerned. They must be members of a safety committee.

6.3.6 Duties of Workers Health and Safety Representatives

The workers’ health and safety representative shall:
a) Familiarise themselves with laws and regulations relating to occupational health and safety;
b) Familiarise themselves with the working conditions at the work place and follow their
development;
c) Take part in the factory inspections, accident investigations and other surveys related to the
working conditions at the factory as well as carry out own investigations;
d) Take part in training other workers in health and safety;

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e) Inform the safety supervisor about the absence of or defects in any equipment or protective
device or other working condition endangering the workers, and if necessary inform the regional
office of the inspectorate about the safety problem;
f) Co-operate with the safety committee, Factory and other persons related to occupational safety
and health;
g) Stop work that poses an immediate danger to workers and ensure that the risks are eliminated
before the work continues.

6.4 Summary of Unit

The Unit has given an overview of the legal framework that governs Accident Prevention in
Zimbabwe. In any country a government puts in place policy measures to guide the conduct of
individuals and corporates in line with international requirements of best practice. In Zimbabwe
the regulations are promulgated by the National Social Security Authority under the Ministry of
Labour. One policy instrument that is used to control society is legislation. In Zimbabwe there is
the Factories and Works Act and its associated Statutory Instruments. This governs all activities
in factory environment and is supported by several regulations that provide controls for those
who are involved in building and structural excavation, using boilers, elevators, electricity,
pressure vessels and other industrial activities that have a high potential to cause harm. The
objectives of such Acts and regulation is to prevent accidents and make sure that all employees
use safe working methods, use certified equipment and are protected from injuries. The Unit also
explained the Accident Prevention and Workers Compensation Scheme Statutory Instrument 68
of 1998 which is meant to provide a mechanism for employees to be compensated in the case of
workplace injuries or death. The Scheme also requires organisations to have a Safety Committee
that oversees the implementation of safety issues in the organization, appointment of Safety
Supervisors and Safety, Health and Environmental Representatives. Full implementation of these
regulations is the key to achieving an injury-free workplace

6.5 Unit Practice Questions

1). Give an overview of legislation that governs accident prevention in Zimbabwe [6]
2). Explain the roles of supervisors in accident and incident prevention [10]

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3). Explain the role of safety, health and environmental representatives in accident and incident
prevention [10]
4). Discuss the legal requirements for employers regarding accident and incident prevention in
Zimbabwe [10]
5). Explain the aims, requirements and administrative aspects of the accident prevention and
workers compensation scheme SI 68 of 1990 [8]
6). Discus 4 selected statutory instruments of the factories and works of Zimbabwe
7). Give an overview of the factories and works act and highlight some of its major legal
requirements.
8). Outline the major regulations associated with this act.
9). Evaluate the performance of your organisation against the requirements of the legislation.

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