BINDURA UNIVERSITY OF SCIENCE EDUCATION

FACULTY OF AGRICULTURE AND ENVIRONMENTAL SCIENCE

DEPARTMENT OF ENVIRONMENTAL SCIENCE

NAME :

REG NUMBER :

COURSE : OCCUPATIONAL HEALTH AND SAFETY LEGISLATION

COURSE CODE :

PROGRAMME : SHEM

EMAIL :

QUESTION

Outline main provisions of Factories and works Act and its regulations and discuss how they
can promote prevention of OHS incidents and illness at workplaces in Zimbabwe (50)
The factories and works act provides for the registration and control of factories, the
regulation of working conditions and also supervision of the use of machinery in the factory
and precautions against accidents on employees.

The Factories and works act 14:08 was first introduced in 1948 in Southern Rhodesia and
was revised in 1996 .This act has eight regulations which are registration and control (RGN
262),general regulations (RGN 263),building ,structural and excavation work regulations
(RGN 264) ,escalators and excavation regulation (RGN 278),boiler regulation (RGN
279),,machinery regulations(RGN 302) ,pressure vessel regulation (RGN 303) and electrical
regulations (RGN 304).

Factories and works Act (RGN 262),for the Registration and Control of Factories ,has
provisions for plans and registration ,floor space and ventilation ,lighting ,sanitary
conveniences ,washing facilities ,cleanliness of premises ,change rooms rest rooms and
dining rooms ,provision of seats ,heating and cooling ,fire precautions ,use and storage of
volatile flammable substances and taking of meals within certain factory premises .

An application for the registration of premises as a factory shall be lodged with an inspector
and shall be accompanied by the prescribed plans and particulars .Site plans shall show the
position of all the buildings on the site ,their distance from the site boundaries and the
position of any buildings on abutting stands .Therefore ,a company should get registered and
get registered and get certified .This is very important because it is a way of making sure that
the set up of the factory is organized .

According to section 5,on lighting ,the key provision is that no occupier shall permit any
person to work in any room in a factory in which the means of effective of obtaining effective
natural light are less than 15% of the floor space of such room .The occupier shall cause all
windows ,roof lights ,,fan lights and artificial lighting fittings to be kept clean and
unobstructed ,provided that ,with the permission of an inspector ,windows and sky lights may
be white-washed or shaded in order to mitigate heat or glare .The organization should comply
with these provisions because working space needs sufficient lighting to make sure that all
operations are done properly in a well lit area which in turn reduces accidents .

There is also a provision that every occupier shall supply and maintain a sufficient number of
seats approved by an inspector, for the use of those employees who spend most of their time
standing so that when they get a chance to rest, they relax well .This is important for
companies to comply because workers need to rest a little bit in order to work properly and
avoid illnesses caused by lack of rest such as fatigue.

Section 7 of this act states that, Washing facilities shall be laid down so that in every factory
adequate and suitable facilities should be provided for washing separately for males and
females .Also these washing facilities should be readily accessible by every worker in the
company and should always be kept clean .

More to that ,latrines and urinary should be provided at convenient places .There should be
separate latrines for males and females .All latrines and urinary should be kept clean and
maintained by prescribed sanitary types and rules .

To add more, floors on the working places must always be kept clean and free from any smell
arising from drain, sanitary convenience, or any other source as this may give rise to diseases
such as cholera, malaria, or even respiratory diseases .Therefore it is very crucial to maintain
the workplace clean for the well being of workers.

In Section 13(1) of this Act it says that in every factory adequate means of escape in the event
of fire shall be provided for all persons employed in such factory and the plan and system of
escape must be approved by an inspector. Fire safety is of importance in any building, to
ensure safety of the employees and the protection the building. Fire alarms need to be
installed as they sense smoke, extreme heat or fire and provide a high frequency alert to
personnel throughout the building. Fire alarms need to be installed in centralized areas and
should also be installed in the head of stairways on every floor of multi-storey structure. Also
fire extinguishers must be available in the factory. Means of escape in case of fire shall be
clearly marked. Where an inspector deems it necessary, employees shall be instructed in fire-
fighting and the correct use of fire appliances.

Also there must be proper ventilation and the floors must be properly done .No occupier shall
permit any person to work in any room in the factory unless at least four square meters of
floor space is allowed for each person therein .The rooms must be well ventilated because
workers need clean air to avoid respiratory illnesses .

More to that, workers need proper heating and cooling during winter and summer seasons to
avoid sicknesses associated with fluctuations in temperatures for example dehydration when
temperatures are very high .According to section 12 of this act, the occupier must provide
suitable heating and cooling appliances to maintain optimum temperature in the workrooms
of the factory to the satisfaction of an inspector.

In factories and other workplaces ,the use of machinery is very common .These machines
produce a lot of noise which affects the operators’ ears if exposed to the noise for a very long
time .The Factories and works Act 14:08 (General )regulations ,1976 ,Part II ,Health and
Safety ,under the protection against noise states that no person shall be exposed to levels of
sound that are higher than the limits stated in subsections (2), (3) and (4) of the Health and
Safety section unless such person has been supplied with, and is using, ear-protectors of a
type approved by an inspector, which reduce the sound-level reaching the user’s ear to or
below the limits allowed for an unprotected ear. Secondly, If exposure to sound-levels is
continued for 8 hours in any 1 day and is to a reasonably constant volume of sound, the
sound-level shall not exceed 90 dB(A) then if the non-continuous exposure cannot be
adequately measured and controlled, any exposure at a sound-level in excess of 90 dB(A)
shall be regarded as exceeding 90 dB(A).Also this section states that under no circumstances
should the unprotected ear be exposed to a sound-pressure-level measured with an instrument
set to the “fast” response exceeding 135 dB(A) or, in the case of impulse noise, and
instantaneous sound-pressure exceeding 150 dB(A). On a fourth note, other parts of the body
should not be exposed to a sound-pressure-level measured with an instrument set to the “fast”
response exceeding 150 dB (A). Areas where persons may be exposed to sound-levels
exceeding the limits set out in this section shall be identified as ear-protection areas, and the
boundaries shall be clearly defined. Some areas should be restricted to persons with authority
and they should wear ear protection. A prominent warning notice banning unauthorized entry
and entry without the use of ear protection must be posted near every entrance to an ear
protection area.

Organizations should comply with this provision as it is important in safeguarding the

workers from hearing loss .Hearing loss is critical since it is a long term effect as it cannot
medicated .Therefore complying to this law safeguard employees from loosing their sense of
hearing due to exposure to the noise produced by machines in the workplace .

Also there is provision for stacking of materials. .Section 7 of the general regulation states
that materials shall be stacked in such a manner that they do not cause danger to any
person .Stacks shall be piled to the satisfaction of an inspector.Also materials forming stacks
shall be removed from stacks only in such a manner as to prevent danger to any person .

In addition to that, the Health and Safety section states that every factory occupier or builder
shall firstly supply, free of charge, and maintain in good condition, adequate protective
clothing and appliances, as may be required by an inspector, including head-covering, gloves,
leggings, foot-wear, eye-protection and protective ointments of a type approved by an
inspector, to each employee who is exposed to wet or dusty, cold or hot conditions, or to any
poisonous, corrosive or other dangerous substances and , shall supply, free of charge, and
maintain in good condition, suitable goggles or face shields and respirators to all employees
engaged in operations which expose them to glare, the danger of a foreign body entering the
eye or any other dangerous substance liable to cause injury or disease. Also employer may be
required to provide suitable flood showers and/or quench pits where any dangerous substance
or substances liable to be injurious to health, are produced, stored or handled. In addition ,all
employees shall wear protective clothing as required by the employer at all times .For
example ,people working in cement manufacturing companies need masks to avoid inhaling
dust particles which may cause respiratory illnesses and its mandatory for every employers to
wear a mask .

Under the section of Safety and Health , the subsection under dangerous substances and
processes the law states that no person shall produce, use, store or permit the production, use
or storage of any dangerous substance, except at the places and subject to the conditions
approved by an inspector and secondly, no person shall enter, be permitted or required to
enter any vessel, vat, tank, flue, chamber or room containing dangerous gas, fumes or dust
until the said gas, fumes or dust have been removed from such vessel, vat, tank, flue,
chamber or room and the source of danger is completely isolated from the vessel, vat, tank,
flu chamber or room. Areas where persons may be exposed to dangerous gas, fumes or dust,
must be identified as such and clearly defined so as to reduce incidents related to those
places.

More to that ,respiratory illnesses are very common in industries .Therefore ,the factory is
supposed to be set up in such a way that dust or fumes produced are reduced together with its
processes .Inhaling dust and dangerous gases in the workplace may result in diseases like
pneumoconiosis ,lung cancer and many more. In any factory where workers are employed on
processes in which dust, fluff, fumes smoke or offensive gases arise or are likely to arise, the
occupier shall install and maintain in good condition, hoods, air-channels, exhaust-fans or
other suitable means of removing such dust, fluff, smoke or offensive gases as near the point
of origin as possible. Secondly on the issue of dust where, in the course of any factory
operation or structural work, siliceous dust, asbestos dust, cotton fluff or dust containing
arsenic, lead or other substance is created which may be injurious to health, the operation
needs to be done on open air or to a room that may be isolated or cubicle fitted with efficient
exhaust fans or extractors, specifically designed to deposit the dust in collectors outside the
building at the discretion of an inspector : Provided, if in the opinion of an inspector it is
necessary, the occupier or builder shall supply all employees engaged in such operations with
approved respirators and shall take all reasonable steps to ensure that such respirators are
used properly.

Under the act, first aid appliances shall be provided. It is always good to be prepared when an
accident occurs or when someone gets injured .A first aid box must be available and properly
equipped. At least one first aid box or cupboard with the prescribed contents should be
maintained for every 150 workers and should be accessible during all workers hours. The act
states that the first aid box or cupboard shall be kept in charge of a separate responsible
person who holds a certificate in the first aid treatment recognized by the state government
and who shall be readily available during the working hours of the factory. In every factory
wherein more than 500 workers are ordinarily employed there shall be provided and
maintained an ambulance room for the prescribed equipment. The Act states that an
ambulance room shall be in charge of properly qualified medical and nursing staff. These
facilities shall always be made readily available during the working hours of the factory.

Companies should comply with this provision as the equipments in the first aid box are used
to treat the injured person soon after the accident has occurred before rushing the person to
the hospital for further medication.

In addition, safe drinking water shall be made available to every worker .Section 9 of the
general regulations states that, every occupier or builder shall provide a supply of wholesome
drinking water sufficient for the use of and reasonably accessible to, every person employed
in the factory .This helps in maintaining optimum body temperature and prevents
dehydration.

Medical fitness is very important and for every person to be employed they are to be
examined by a medical practioner before engaging into work processes .Medical
examinations help to identify health problems of employees before the illness becomes
serious and affecting worker performance .If these pre medical examinations are not
done ,health insurance claims will arise and medical costs .

In addition, some factories produce very dangerous substance for example petrol and LP gas
which are highly flammable. They can cause a great danger such as loss of many lives if not
handled with care that is why all organizations should comply with this provision in section
14 which states that no person shall produce, use, store or permit the production, use or
storage of any dangerous substance, except at the places and subject to the conditions
approved by an inspector. Unless the conditions are approved by an inspector, the
manufacturing and storing of dangerous substances is prohibited because they can cause a
great danger as many of them are explosives.

According to factories and works Act (Electrical) regulations ,1976,RGN(304),section 3 , all

electricity generating plant ,transforming, switching or linking apparatus must be fenced or
properly enclosed when situated in any factory or structural works. Electricity is very
dangerous and it can cause electrical fires or shocks leading to loss of lives which is why
organizations must comply with this provision so as to reduce such accidents. Therefore it is
always important to make sure all electrical generating apparatus are enclosed.

Also, an organized factory is the one filled with notice boards and signs. According to section
4, a user shall cause notices prohibiting any unauthorized person from handling or interfering
with electrical apparatus. This is because electrical apparatus need well trained persons to
handle them and any mistakes can lead to loss of lives which is why organizations must
comply with this provision to avoid such accidents. It also states that a user shall also cause
notices that contain directions as to procedure in case of fire. This is also very important as it
helps to save lives during a fire outbreak as people can just follow those directions given by
the notices.

Moving on, all organizations that make use of electrical appliances, safety precautions have
to be followed to avoid loss of lives which is why all organizations have to comply with the
provision in section 5 which states that a user shall cause all electrical machinery, apparatus
and conductors to be so installed and maintained. This is so as to prevent danger to persons
and to be protected in such a manner that no injuries can be caused.

In addition, according to section 10, when working with any electrical apparatus which have
been disconnected from all sources of supply, but which is liable to acquire or retain an
electrical charge, the user shall take adequate precautions and earthing of that apparatus shall
be done so as to discharge that apparatus. This must be complied with because it is very
dangerous not to take precautions when working with a disconnected electrical appliance as it
may retain an electrical charge and cause death to the operator. Also, all accessible metallic
portions must be earthed in case they accidentally conduct electricity and may cause loss of
lives or electrical fires. Organizations must comply with this provision in section 11 of
Factories and Works Act 14:08 (Electrical) Regulations which talks about earthing of every
metallic portion at a working place because if they are not earthed they may be of great
danger.

In addition, on Factories and Works Act (Boiler) Regulation, the use or erection of a boiler
without permission of an inspector is prohibited unless he is in possession of a valid
Provisional Certificate of Permission in his name issued by an inspector. This is very
important because the use of boilers have to be only by highly trained professionals not just
any person as they are very dangerous and can lead to injuries and loss of lives if not handled
carefully.

Furthermore, in order to avoid accidents or injuries by defaulted boilers, there have to be

regular inspections of the boilers by inspectors. According to section 8 of Factories and
Works Act (Boiler) Regulation, the user of a boiler shall be furnished free of charge with a
boiler inspection register. This register shows all the details about the boiler when inspected
by an inspector and no one shall write anything in this book except for the inspector. This is
very important because it helps to know that the boilers are working perfectly and cannot
cause injuries.

Moreover, when working with boilers precautions have to be made so that injuries and death
are avoided. The user should make sure that all feed, blow off and other valves are blanked
off before allowing any person to enter into the boiler to clean or do any other operations.
This is stated in section 12 of this Act.

In addition section 11 states that, the inspector has to test and inspect the boilers whenever he
proposes to examine it. This is very important as it is a way of making sure that there are no
faults on the boilers that may lead to injuries of the operator .So organizations must comply
with this provision which was put in place to make sure that the boilers are always not a
threat to the lives of the operators. It clearly indicates that the inspector have to inform the
user 7 days before so that they clean the boiler in preparation for the examination or testing.

Moreover, in order to operate boilers, one has to know the internal pressure of the boiler at all
times so that they do not cause problems of faults to the boiler leading to injuries or loss of
lives so very boiler have to be fitted with at least one reliable pressure gauge which is why
organizations must comply with the provisional in section 24 of Factories and Works Act
(Boiler) Regulation which states that every boiler shall be filled at least one pressure gauge
which shall be designed to show at all times the correct internal pressure of the boiler and
also connected to that part of the boiler where the highest vapour pressure occurs. This should
always be known when operating a boiler because when operating the boilers the operators
should be extremely careful.

Moving on, in terms of the Factories and Works Act (Machinery) Regulations section
3,machinery shall only be operated with responsible persons appointed by the inspector.
Where upon any premises, steam boilers of rated capacity of 5000 kilograms per hour or
more are used; the inspector may require that a qualified person operates that boiler.
Organizations must comply with this provision because it helps to avoid accidents as the
machinery will be operated with responsible and qualified persons appointed by the
inspector.

In addition, inspectors need to be notified every time when a machinery fails to operate and
also in the event of failure to function of a part of any machinery. This is important because
the machinery need to be inspected and see if it is still in good condition to operate and not
cause accidents which is why organizations must comply with the provision in section 5 of
Factories and Works Act (Machinery) Regulations which states that in the event of failure or
fracture of any party of a machinery, whereby the safety of any person was or might have
been endangered, the user shall report the occurrence in writing to an inspector without delay.

Furthermore, in terms of section 6 of Factories and Works Act (Machinery) Regulations, a

person operating machinery of any kind for the safety of him and other persons shall not
absent himself or cease to attend to such machinery unless he is replaced by another person.
This is very important and organizations must comply with this regulation because machinery
need constant attention and also one operator at a time because switching of operators may
result in accidents and injuries as the next person will not be able to know in which state the
machinery has been left in.

To add more, obedience to orders should be considered .Orders need to be obeyed in working
premises. The workers have to obey the orders given to them by any person authorized to do
so by the user or inspector. Where orders are always being obeyed, there are less chances of
accidents occurring which is clearly stated in terms of section 7 of the Act, all persons
employed on premises where machinery is used shall obey any instructions for the interests
of safety.

Moreover, machinery has to be cleaned, repaired and oiled in order to reduce friction between
the parts and to avoid deterioration of the machines. In order to does that, machinery have to
be off, unless where it is practicable? This is so important because machinery is very
dangerous to repair or clean when in motion as they may cause injuries or loss of lives. In
terms of section 10 of Factories and Works Act (Machinery) Regulations, no user shall
require or permit any person to and no person shall clean, repair or adjust machinery in
motion or any parts adjacent to machinery in motion. It is very dangerous to work with
machinery in motion an inspector may require the user to provide automatic devices for
lubricating machinery whilst in motion where this is practicable.

As the essay has demonstrated, it is important for organizations to comply with the Factories
and Works Act 14:08 of 1976 as this act seeks to protect health and safety at the workplace.
Compliance with the provisions also helps in improving productivity in factories thereby
generating foreign currency .It also reduces costs associated with injuries and costs to repair
machinery.
REFERENCES

1) Chapter 14:08 Factories and Works (Registration and Control Factories) Regulations, 1976
RGN 262

2) Chapter 14:08 Factories and Works (General) Regulations, 1976 RGN 263

3) Chapter 14:08 Factories and Works (Electrical) Regulations, 1976RGN 304

4) Chapter 14:08 Factories and Works (Machinery) Regulations, 1976 RGN 302

5) Chapter 14:08 Factories and Works (Boiler) Regulations, 1976 RGN 279

6) Jain D (2017).Health safety and Welfare as per the Factories Act 1948 (Doctoral
dissertation, Devi Ahitya Vishwa