The Occupational Health and Safety Bill
THE OCCUPATIONAL HEALTH AND SAFETY ACT, 2010
ARRANGEMENT OF SECTIONS
Section
PART I
PRELIMINARY
1. Short title and commencement
2. Interpretation
3. Application
PART II
THE OCCUPATIONAL HEALTH AND SAFETY INSTITUTE
4. Establishment of Institute
5. Seal of Institute
6. Functions of Institute
7. Constitution of Board
8. Functions of Board
9. Director
10. Deputy Director and other staff
PART III
HEALTH AND SAFETY COMMITTEES
11. Deputy of employer to establish health and safety committees
12. Composition of health and safety committees
13. Functions of health and safety committees
14. Health and safety representatives
PART IV
HEALTH AND SAFETY WORKPLACES
15. Determination of what is reasonably practicable
16. Duties of employers to employees
17. Duties of employees at workplaces
Occupational Health and Safety [No. 36 of 2010 521
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price K16,000 each
522 No. 36 of 2010] Occupational Health and Safety
18. Duties of employers and self-employed to persons other than
employees
19. Duties of persons in control of workplace or plant
20. Duties of designers, manufacturers, suppliers and importers
21. Duties of architect and engineer
22. Compliance with standards
23. Duty not to interfere with, or misuse, things
24. Prohibition of dismissal or victimisation of employee
PART V
ENFORCEMENT PROVISIONS
25. Designation of authorised officers
26. Powers of authorised officers
27. Notice of contravention
28. Appeals Board
29. Prohibition of disclosure of publication of information
PART VI
THE OCCUPATIONAL HEALTH AND SAFETY SERVICES
30. Designation of occupation health and safety service
31. Returns and Statistical
32. Health and safety policy
PART VII
GENERAL PROVISIONS
33. Exemptions
34. General penalty
35. General offences
36. Offences by body corporate or unincorporate body
37. Institute to issue guidelines
38. Regulations
39. Savings and transitional provisions
FIRST SCHEDULE
SECOND SCHEDULE
Occupational Health and Safety [No. 36 of 2010 523
An Act to establish the Occupational Health and Safety
Institute and provide for its functions; provide for the
establishment of health and safety committees at
workplaces and for the health, safety and welfare of
persons at work; provide for the duties of manufacturers,
importers and suppliers of articles, devices, items and
substances for use at work; provide for the protection of
persons, other than persons at work, against risks to
health or safety arising from, or in connection with, the
activities of persons at work; and provide for matters
connected with, or incidental to, the foregoing.
[19th November, 2010
ENACTED by the Parliament of Zambia.
1. This Act may be cited as the Occupational Health and
Safety Act, 2010, and shall come into operation on such date as
the Minister may, by statutory instrument, appoint.
2. (1) In this Act, unless the context otherwise requires—
“Appeals Board” means the Appeals Board established under
section twenty-eight;
“article” means—
(a) any plant designed for use or operation, whether
exclusively or not, by persons at a workplace; or
(b) any article designed for use as a component in any
plant;
“authorised officer” means an officer designated as such by
the Director under section twenty-five;
“Board” means the Occupational Health and Safety Board
constituted under section seven;
Enactment
Short title
and
commencement
Interpretation
GOVERNMENT OF ZAMBIA
ACT
No. 36 of 2010
Date of Assent: 14th November, 2010
524 No. 36 of 2010] Occupational Health and Safety
“Chairperson” means the person appointed as Chairperson
of the Board under subsection (2) of section seven;
“committee” means a committee established under paragraph
2 of the Schedule;
“construct” includes building, erection, excavation, alteration,
repair, renovation, dismantling, demolition, structural
maintenance, painting, land clearing, earth moving, grading,
street and highway building, connecting, equipment
installation and alteration and the structural installation of
construction components and materials in any form or for
any purpose, and any work in connection therewith;
“Deputy Director” means the person appointed as Deputy
Director of the Institute under section ten;
“Director” means the person appointed as Director of the
Institute under section nine;
“effective supplier” means the person who supplies an article
for use at work to a person through an ostensible supplier;
“employee” means —
(a) any person, excluding an independent contractor,
who works for another person, whether
incorporated or not, or for a government agency,
and who receives, or is entitled to receive, any
remuneration; or
(b) any other person who in any manner assists in
carrying on or conducting the business of an
employer;
“employer” means any person—
(a) who employs or provides work for another person and
who remunerates or expressly or tacitly undertakes to
remunerate that other person; or
(b) who permits any other person in any manner to assist in
the carrying on or conducting of the person’s business,
including any person acting on behalf of, or on the
authority of, such employers;
“health and safety representative” means a health and safety
representative elected under section fourteen;
“Institute” means the Occupational Health and Safety Institute
established under section four;
“member” means a member of the Board;
“occupation” means any employment, business, calling, pursuit,
vocation or profession;
“occupational hygiene” means the physical conditions, agents,
materials or substances present in a working or community
environment, which may cause sickness, impaired health
and well being, or significant discomfort and inefficiency,
among employees or among other persons;
“occupational disease or injury” means a disease or injury
contracted or suffered as a result of one’s employment or
by such disease or injury as the Minister may prescribe, by
statutory instrument;
“occupational health and safety service” means a service
organised for the purpose of —
(a) protecting employees against any health or safety
hazard which may arise out of their work or the
conditions in which the work is carried on;
(b) contributing towards the employees’ physical and
mental adjustment, to the employees’ adaptation
to their work and to their assignment to work for
which they are suited; and
(c) contributing to the establishment and maintenance
of the highest possible degree of physical and
mental wellbeing of the employees;
“ostensible supplier” means the person who acts as a
middleman between the effective supplier and the person
to whom an article for use at work is supplied and who
facilitates the supply of the article;
“plant” includes any machinery, equipment or appliances, tools
and anything which is used in connection with a plant or
premises;
“premises” includes—
(a) any vehicle, vessel, aircraft or hovercraft;
(b) any installation on land, including the foreshore and
other land intermittently covered by water and any
other installation, whether floating or resting on
other land covered with water or subsoil; and
(c) any tent, or movable structure;
“self-employed person” means any person who on their own,
or in partnership or association with any other person, is
engaged in an occupation and who receives from the
proceeds of that occupation any emolument other than a
dividend;
Occupational Health and Safety [No. 36 of 2010 525
“standard” means a specification or code of practice for an
explicit set of requirements for an item, material,
component, system or service and includes —
(a) a test method to describe a definitive procedure
which produces a test result; and
(b) a procedure that gives a set of instructions for
performing operations or functions;
which is declared under the Standards Act or any other written
law to be a voluntary or compulsory standard;
“substance” means any natural or artificial substance, whether
in solid, liquid, gas or vapour form;
“substance for use at work” means any substance intended
for use, whether exclusively or not, by persons at work;
“supply” in relation to the supply of articles or substances,
means supplying articles or substances by way of sale,
lease, hire or hirepurchase, whether as principal or agent;
“Vice-Chairperson” means the person appointed as Vice-
Chairperson of the Board under subsection (2) of section
seven;
“welfare at work” means aspects of welfare at a workplace
which relate to the health and safety of employees;
“workplace” means—
(a) in relation to a health and safety representative, any
place where the group of employees that the health
and safety representative represents work, or are
likely to work, or are likely to frequent, in the course
of their employment or incidental to their
employment; and
(b) in relation to employees, any place where the
employees work or are likely to work, or which
they frequent or are likely to frequent in the course
of their employment or incidental to it; and
“Workers’ Compensation Fund Control Board” means the
Workers’ Compensation Fund Control Board established
under the Workers’ Compensation Act, 1999.
(2) For the purposes of this Act, risks arising out of, or in
connection with, the activities of persons at work, includes risks
attributable to the manner of conducting an undertaking, a plant or
substance used for the purposes of an undertaking or the condition
of the premises or part of the premises used for the purposes of an
undertaking.
526 No. 36 of 2010] Occupational Health and Safety
Act No. 10
of 1999
3. This Act applies to all places of work, except as otherwise
provided by this Act.
PART II
THE OCCUPATIONAL HEALTH AND SAFETY INSTITUTE
4. (1) There is hereby established the Occupational Health and
Safety Institute, which shall be a body corporate with perpetual
succession and a common seal, capable of suing and of being sued
in its corporate name, and with power, subject to this Act, to do all
such acts and things as a body corporate may, by law, do or perform.
(2) The Schedule applies to the Institute.
5. (1) The seal of the Institute shall be such device as the Board
may determine and shall be kept by the Secretary.
(2) The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson and the Secretary or one
other member authorised in that behalf by a resolution of the Board.
(3) Any document purporting to be a document under the seal
of the Institute or issued on behalf of the Institute shall be received
in evidence and shall be deemed to be executed or issued, as the
case may be, by the Institute without further proof, unless the
contrary is proved.
6. The functions of the Institute are to—
(a) develop and implement programs to provide incentives
for employers to implement measures to eliminate or
reduce risks to health or safety or to improve
occupational hygiene, occupational health and safety;
(b) investigate and detect occupational diseases and injuries
at workplaces;
(c) conduct medical examinations for occupational health and
safety purposes catering for all industries including
agriculture and construction;
(d) provide an occupational laboratory service;
(e) promote studies and carry out investigations and research
on occupational health and safety;
(f) prepare and maintain statistics on employees morbidity
and mortality;
(g) conduct and encourage awareness educational
programmes relating to the promotion of occupational
health and safety; and
Occupational Health and Safety [No. 36 of 2010 527
Application
Establishment
of Institute
Seal of
Institute
Functions of
Institute
(h) carry out such other functions as are necessary or
incidental to the performance of its functions under this
Act.
7. (1) There is hereby constituted an Occupational Health and
Safety Board which shall comprise the following part-time members
appointed by the Minister:
(a) a representative of the Ministry responsible for
agriculture;
(b) a representative of the Ministry responsible for health;
(c) a representative of the Ministry responsible for labour;
(d) a representative of the Ministry responsible for livestock;
(e) a representative of the Ministry responsible for mines;
(f)a representative of the Attorney-General;
(g) a representative of the Federation of Employers;
(h) a representative of a trade union;
(i) the Director, as ex-officio member; and
(j) two other persons.
(2) The Minister shall appoint the Chairperson and Vice-
Chairperson from amongst the members of the Board.
(3) A member shall hold office for a period of three years
from the date of appointment and may be re-appointed for a further
term of three years.
(4) A member may resign from the Board upon giving one
month’s notice, in writing, to the Minister.
(5) The office of a member shall become vacant—
(a) upon the member’s death;
(b) if the member is absent, without reasonable excuse, from
three consecutive meetings of the Board of which the
member has had notice;
(c) if the member is declared bankrupt;
(d) if the member becomes mentally or physically incapable
of performing duties as a member;
(e) upon the expiry of one month’s notice of the member’s
intention to resign; or
(f) if the member is convicted of an offence under this Act
or any other written law and has been sentenced
therefor to imprisonment for a period exceeding six
months without the option of a fine.
528 No. 36 of 2010] Occupational Health and Safety
Constitution
of Board
(6) Whenever the office of a member becomes vacant before
the expiry of the term of office, the Minister may appoint another
member in place of the member who vacates office but that member
shall hold office only for the unexpired part of the term.
(7) The Schedule applies to the Board.
8. The functions of the Board are to—
(a) carry out the functions of the Institute;
(b) coordinate all the activities relating to occupational health
and safety;
(c) set and maintain standards for the protection of the health
and safety of employees at workplaces;
(d) inform and advise the Minister on matters relating to
occupational health and safety; and
(e) carry out such other functions as are necessary or
conducive for the performance of its functions under
this Act.
9. (1) The Board shall appoint a Director of the Institute on
such terms and conditions as the Board may determine.
(2) The Director shall be the chief executive officer of the
Institute and shall be responsible, under the supervision of the Board,
for the day-to-day administration of the Institute.
(3) The Director shall be an ex-officio member of the Board.
(4) The Director may, by directions, in writing, and subject to
such terms and conditions as the Director thinks fit, delegate to the
Deputy Director any of the functions of the Director under this
Act.
10. (1) The Board shall appoint a Deputy Director of the
Institute on such terms and conditions as the Board may determine.
(2) The Deputy Director shall assist the Director in the
performance of the Director’s functions under this Act.
(3) The Board shall appoint, on such terms and conditions as it
may determine, such other staff as it considers necessary for the
performance of the Institute’s functions under this Act.
Occupational Health and Safety [No. 36 of 2010 529
Functions of
Board
Director
Deputy
Director and
other staff
PART III
HEALTH AND SAFETY COMMITTEES
11. An employer of ten or more persons at any workplace
shall establish a health and safety committee.
12. (1) A health and safety committee established in accordance
with section eleven shall—
(a) consist of an equal number of members, not less than
two on each side, representing the employer and the
employees:
Provided that the representatives of the employees
shall be chosen by the employees or designated by a
trade union; and
(b) be chaired by a person elected from amongst the employee
representatives or by the employer or the senior most
member of management on an alternating basis.
(2) In this section, “ trade union ” has the meaning assigned to
it in the Industrial and Labour Relations Act.
13. (1) The functions of a health and safety committee are to—
(a) promote cooperation between the employer and the
employees in achieving and maintaining healthy and safe
working conditions;
(b) share information about occupational health, safety and
welfare with employees;
(c) investigate and resolve any matter that may be a risk to
the health and safety of employees at a workplace;
(d) review the measures taken on the health and safety of
employees at a workplace; and
(e) formulate, review and disseminate to the employees the
standards, rules and procedures relating to health and
safety to be carried out at the workplace.
(2) The Minister may, by statutory instrument, make
regulations to provide for —
(a) the procedure of a health and safety committee;
(b) the election, functions and powers of health and safety
representatives; and
(c) any other matters necessary for the effective performance
of functions by the health and safety committees and
representatives under this Act.
530 No. 36 of 2010] Occupational Health and Safety
Duty of
employer to
establish
health and
safety
committee
Composition
of health and
safety
committee
Cap. 269
Functions of
health and
safety
committees
14. (1) The representatives of the employees on a health and
safety committee shall elect from amongst themselves a health
and safety representative who shall coordinate health and safety
activities at their workplace.
(2) Where there are only two representatives of the employees
on the health and safety committee, the employees whom they
represent shall elect a health and safety representative from the
two representatives on the committee.
(3) An employer shall display or cause to be displayed in a
conspicuous place, the names of the health and safety committee
representatives.
(4) A health and safety representative who —
(a) hinders or obstructs an employer or employee;
(b) intimidates or threatens an employer or employee;
(c) uses or discloses, for any purposes not connected with
the exercise of any functions or powers under this Act,
information that is acquired from an employer or
employee; or
(d) performs any functions contrary to the provisions of this
Act;
commits an offence and is liable, upon conviction, to a fine not
exceeding two hundred thousand penalty units or to imprisonment
for a period not exceeding two years, or to both.
PART IV
HEALTH AND SAFETY AT WORKPLACES
15. For the purposes of this Part, in determining what is, or
was, at any particular time, reasonably practicable in relation to
ensuring health and safety at a workplace, regard shall be had to
the following matters:
(a) the likelihood of the hazard or risk concerned occurring;
(b) the degree of harm that would result if the hazard or risk
occurred;
(c) what the person concerned knows, or ought reasonably
to know, about the hazard or risk and any ways of
eliminating or reducing the hazard or risk;
(d) the availability and suitability of ways to eliminate or
reduce the hazard or risk; and
Occupational Health and Safety [No. 36 of 2010 531
Health and
safety
representatives
Determination
of what is
reasonably
practicable
(e) the cost of eliminating or reducing the hazard or risk.
16. (1) Notwithstanding any other written law, an employer
shall—
(a) ensure, so far as is reasonably practicable, the health,
safety and welfare of the employees of the employer at
a workplace; and
(b) place and maintain an employee in an occupational
environment adapted to the employee’s physical,
physiological and psychological ability.
(2) Without prejudice to the generality of subsection (1), an
employer shall—
(a) provide plant and systems of work that are, so far as is
reasonably practicable, safe and without any risks to
human health and maintain them in that condition;
(b) ensure, so far as is reasonably practicable, that articles,
devices, items and substances provided for the use of
the employees at a workplace are used, handled, stored
and transported in a manner that is safe and without
any risk to the health and safety of the employees at the
workplace;
(c) provide such information, instruction, training and
supervision as is necessary to ensure, so far as is
reasonably practicable, the health and safety of the
employees at their workplace;
(d) so far as is reasonably practicable, maintain a workplace
under the employer’s control, in a condition that is safe
and without any risk to the health and safety of
employees at their workplace;
(e) so far as is reasonably practicable, provide and maintain
the means of access to, or exit from, a workplace that
are safe and without any risk to the health and safety of
the employees using it;
(f) provide and maintain a working environment for the
employees that is, so far as is reasonably practicable,
safe and without any risks to their health and safety,
and which is adequate as regards facilities and
arrangements for their welfare at the workplace;
(g) inform and consult a health and safety representative—
(i) where an authorised officer visits the workplace,
and give the health and safety representative
an opportunity to meet the authorised officer;
532 No. 36 of 2010] Occupational Health and Safety
Duties of
employers
to
employees
(ii) on the circumstances and future prevention of
any injury or illness;
(iii) on the circumstances of any injury for which a
claim has been submitted to the Workers’
Compensation Fund Control Board; or
(iv) with a view to making and maintaining
arrangements to enable the employer and the
employees to cooperate effectively in promoting
and developing measures to ensure the health
and safety of the employees at the workplace,
and checking the effectiveness of those
measures;
(h) provide for measures to deal with emergencies and
accidents, including adequate first-aid arrangements;
(i) provide at the employer’s expense all appropriate
protective clothing or equipment to be used in the
workplace by employees, who in the course of
employment, are likely to be exposed to the risk of bodily
injuries, and adequate instructions in the use of such
protective clothing or equipment; and
(j) do for, or provide to, the employees, free of charge,
anything which by law is required to be provided to those
employees by the employer.
(3) A person who contravenes subsection (1) or (2) commits
an offence and is liable, upon conviction, to a fine not exceeding
five hundred thousand penalty units or to imprisonment for a period
not exceeding five years, or to both.
17. (1) An employee shall, at a workplace—
(a) take reasonable care for the employee’s own health and
safety and that of other persons who may be affected
by the employee’s acts or omissions at the workplace;
(b) not operate any machine or engage in a process which is
unsafe or is an imminent risk to the employee’s own
health or safety and that of others; and
(c) cooperate with the employer or any other person in relation
to any duty imposed on the employer or that other
person, so far as is necessary to enable that duty or
requirement to be performed or complied with.
(2) Where an employee has reasonable grounds to believe that
any item, device, article, plant or substance, condition or aspect of
the workplace is, or may be, dangerous to the employees’
occupational health or safety at or near the workplace, the employee
shall immediately inform the employer, the committee or health
and safety representative.
Occupational Health and Safety [No. 36 of 2010 533
Duties of
employees
at
workplaces
(3) A person who contravenes subsection (1) or (2) commits
an offence and is liable, upon conviction, to a fine not exceeding
three hundred thousand penalty units or to imprisonment for a period
not exceeding three years, or to both.
18. (1) An employer shall, so far as is reasonably practicable,
conduct the employer’s undertaking in such a way that persons
who are not employed by that employer and who may be affected
by activities at the employer’s workplace are not exposed to risks
to their health or safety.
(2) A self-employed person shall conduct that person’s
undertaking, so far as is reasonably practicable, in such a way as
to ensure that, that person and other persons who are not employed
by that person and who may be affected by that person’s activities
are not exposed to risks to their health or safety.
19. (1) A person who has the management or control of —
(a) a workplace or of the means of access to, or exit from,
any workplace; or
(b) any plant or substance in a workplace;
shall take such measures as are reasonable for a person in that
position to take so as to ensure, so far as is reasonably practicable,
that the workplace, or means of access to, or exit from, that
workplace are available for use by persons using the workplace,
and any plant or substance in the workplace provided for use in
that workplace is safe and does not cause any risk to the health or
safety of the persons using them.
(2) For the purposes of subsection (1), a person who, by virtue
of any contract or lease, has an obligation to—
(a) maintain or repair any workplace or any means of access
to, or exit from, that workplace; or
(b) ensure the health and safety of persons using any
workplace, against risks arising from any plant or
substances in that workplace;
shall be treated as the person in control of the workplace.
(3) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding seven
hundred thousand penalty units or to imprisonment for a period not
exceeding seven years, or to both.
534 No. 36 of 2010] Occupational Health and Safety
Duties of
employers
and self-
employed
persons to
persons
other than
employees
Duties of
person in
control of
workplace or
plant
20. (1) A person who designs or constructs a building or
structure, or part of a building or structure who knows, or ought
reasonably to know, that the building or structure or part of the
building or structure is to be used as a workplace shall ensure, so
far as is reasonably practicable, that it is designed or constructed
to be safe and without risks to the health or safety of persons using
it as a workplace for a purpose for which it was designed.
(2) A person who designs, manufactures or supplies any plant
or substance for use by persons at work shall —
(a) ensure that the plant or substance is safe and without
risks to health if it is used for the purpose for which it
was designed, manufactured or supplied;
(b) carry out or arrange the carrying out, of such testing and
examination as may be necessary for the performance
of the duty imposed under paragraph (a); and
(c) provide, or arrange for the provision of, adequate
information about the plant or substance to the person
to whom it is supplied concerning the purpose or
purposes for which the plant or substance was designed,
manufactured or supplied and any conditions necessary
to ensure that the plant or substance is safe and without
risks to health or safety if it is used for the purpose for
which it was designed.
(3) Where a person designs, manufactures or imports an article,
device, item or substance, or supplies an article, device, item or
substance to another person, the person who designed,
manufactured or imported the article, device, item or substance
shall make an undertaking, in writing, that the article, device, item
or substance, as the case may be, when properly used, shall not
cause any risk to the health or safety of the persons using it or
other persons.
(4) Notwithstanding subsection (3), the person for whom the
article, device, item or substance is designed, manufactured or
imported, or to whom it is supplied shall make an undertaking that
the person will take reasonable steps to ensure that the article,
device, item or substance is used in such a way that it does not
cause any risk to the health or safety of the persons using it or
other persons, whether at a workplace or not.
(5) Where it is proved by a court that the person for whom the
article, device, item or substance was designed, manufactured or
imported, or to whom it was supplied—
Occupational Health and Safety [No. 36 of 2010 535
Duties of
designers,
manufacturers,
suppliers
and
importers
(a) has failed to comply with the undertaking made in
accordance with subsection (3) and a risk occurs to the
health or safety of the persons using the article, device,
item or substance or to other persons, whether at a
workplace or not, the person who designed,
manufactured, imported or supplied the article, device,
item or substance, shall not be liable for the risk caused;
or
(b) complied with the undertaking made in accordance with
subsection (3), but a risk is caused to the health or safety
of the employees using it or to other persons, whether
at a workplace or not, the person who designed,
manufactured, imported or supplied the article, device,
item or substance shall be liable for the risk caused.
(6) Where an ostensible supplier supplies any article, device,
item or substance for use at work to a customer under a hire
purchase agreement, conditional sale agreement or credit sale
agreement, and the ostensible supplier—
(a) carries on the business of financing the acquisition of
goods by others by means of such agreements; and
(b) in the course of that business acquired an interest in the
article, device, item or substance supplied to the customer
as a means of financing its acquisition by the customer
from the effective supplier;
the effective supplier shall, for the purposes of this section, be
treated as having supplied the article, device, item or substance
and any duty imposed on the suppliers under this Act shall fall on
the effective supplier.
(7) For the purposes of this section, an article, device, item or
substance is regarded as properly used where it is used with due
regard to any relevant information or advice relating to its use which
is made available by a person who designed, manufactured,
imported or supplied the article, device, item or substance.
(8) The duties under this section —
(a) apply whether or not the plant, article, device, item or
substance is exclusively designed, manufactured or
supplied for use by persons at work;
(b) extend to the design, manufacture or supply of
components for, or accessories to, any plant for use by
persons at work;
536 No. 36 of 2010] Occupational Health and Safety
(c) extend to the supply of the plant, article, device, item or
substance by way of sale, transfer, lease or hire and
whether as principal or agent; and
(d) extend to the supply of the plant, article, device, item or
substance to a person for the purpose of supply to others.
(9) A person who contravenes this section commits an offence
and is liable, upon conviction, to a fine not exceeding seven hundred
thousand penalty units or to imprisonment for a period not exceeding
seven years, or to both.
21. (1) An architect and engineer shall carry out their duties in
such a manner as to ensure the occupational health and safety of
persons at, or near, a workplace.
(2) In this section —
“architect” means a person registered as an architect under
the Zambia Institute of Architects Act; and
“engineer” has the meaning assigned to it in the Engineering
Institution of Zambia Act, 2010.
(3) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a period not
exceeding five years, or to both.
22. (1) A person who designs, constructs, manufactures,
supplies or imports an article, device, item or substance shall, in
addition to the requirements of this Act, conform to standards set
by the Zambian Bureau of Standards or other relevant body.
(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding seven
hundred thousand penalty units or to imprisonment for a period not
exceeding seven years, or to both.
23. (1) A person shall not interfere with or misuse anything
provided in the interest of health or safety under this Act.
(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both.
24. (1) An employer shall not dismiss an employee, alter the
employee’s position or terms of employment or threaten to dismiss
the employee or alter the employee’s position or terms of
employment to that employee’s detriment because the employee—
Occupational Health and Safety [No. 36 of 2010 537
Duties of
architect and
engineer
Cap. 442
Act No. 17
of 2010
Compliance
with
standards
Duty not to
interfere
with or
misuse
things
Prohibition
of dismissal
or
victimisation
of employee
(a) makes a complaint about a workplace matter that the
employee considers is not safe or is a risk to health;
(b) is or has been a member of a health and safety committee
or is or has been a health and safety representative;
(c) exercises or has exercised a power as a health and safety
representative or a member of a health and safety
committee;
(d) assists or has assisted, or gives or has given any information
to an authorised officer, a health and safety
representative or committee;
(e) complies with the directives of an authorised officer; or
(f) gives evidence before any court.
(2) A disclosure made by an employee under this Act shall be
a protected disclosure for the purposes of the Public Interest
Disclosure (Protection of Whistleblowers) Act, 2010.
(3) Any employee who has been subjected to any dismissal or
victimisation under subsection (1) may—
(a) apply to any court having jurisdiction, including the Industrial
and Labour Relations Court, for appropriate relief; or
(b) pursue any other process allowed or prescribed by any
law.
PART V
ENFORCEMENT
25. (1) The Board may, for the purpose of enforcing this
Act, appoint any suitable person as an authorised officer on such
terms and conditions as the Board may determine.
(2) The Board shall provide an authorised officer with an
identity card for the purpose of inspections, which shall be prima
facie evidence of the authorised officer’s appointment as such.
(3) An authorised officer shall, in performing any function under
this Act—
(a) be in possession of the identity card referred to under
subsection (2); and
(b) show the identity card to any person who requests to see
it or is subject to an investigation under this Act.
(4) For the purposes of this Act, “authorised officer” includes—
(a) an authorised officer appointed under section one
hundred and forty-four of the Mines and Minerals
Development Act, 2008;
538 No. 36 of 2010] Occupational Health and Safety
Act No. 4 of
2010
Designation
of authorised
officers
Act No. 7 of
2008
(b) an inspector of factories appointed under section six of
the Factories Act;
(c) an authorised officer appointed under section eighty-
one of the Environmental Protection and Pollution
Control Act;
(d) an inspector appointed under Part IX of the Public Health
Act;
(e) a health inspector in terms of the Food and Drugs Act;
(f) a radiation safety officer appointed under section thirty-
five of the Ionising Radiation Protection Act, 2005;
(g) an authorised person appointed under section eighteen
of the Workers Compensation Act, 1999; and
(h) an inspector appointed under section four of the Energy
Regulation Act.
26. (1) An authorised officer may, with a warrant, at any
reasonable time—
(a) enter, inspect and search any premises used as a
workplace, including a private dwelling, where
information or documents which may be relevant to an
investigation may be kept;
(b) enter, inspect and examine any premises where the
authorised officer has reasonable grounds to believe that
any person is employed or is about to be employed in
that workplace;
(c) search any person on any premises if there are reasonable
grounds to believe that the person has possession of
any document or article that has a bearing on an
investigation:
Provided that a person shall only be searched
by a person of the same sex;
(d) examine any document or article found on any premises
that has a bearing on an investigation;
(e) require the production of any record,report or document
on any premises or information to be given about any
document or article by—
(i) the owner of the premises;
(ii) the person in control of the premises;
(iii) any person who has control of the document or
article; or
(iv) any other person who may have the information;
Occupational Health and Safety [No. 36 of 2010 539
Powers of
authorised
officers
Act No. 10
of 1999
Cap. 441
Cap. 204
Cap. 295
Cap. 303
Act No. 16 of
2005
Cap. 430
(f) take for analysis a sample of any substance or thing which
an authorised officer has reasonable grounds to suspect
may be, or may contain or be contaminated by, a
substance that is a risk to health;
(g) require the occupier of any workplace or premises to
provide the authorised officer with such assistance and
facilities as are necessary to enable the authorised
officer to exercise the functions under this Act;
(h) examine, take extracts from or make copies of, any book
or document found on the premises that has a bearing
on an investigation;
(i) use any computer system on any premises, or require
the assistance of any person on the premises to use that
computer system, to—
(i) search any data contained in, or available to the
computer system;
(ii) reproduce any record from the data; or
(iii) seize any output from the computer for
examination or copying;
(j) take any plant, substance or thing from any premises if
the authorised officer believes, on reasonable grounds,
that the plant, substance or thing has been used in the
commission of an offence under this Act; and
(k) attach and, if necessary, remove from the premises for
examination and safeguarding any document or article
that appears to have a bearing on an investigation.
(5) An authorised officer who removes any document or article
from any premises under paragraph (k) of subsection (4) shall—
(a) issue a receipt for the document or article to the owner
of, or person in control of, the premises; and
(b) return the document or article as soon as practicable after
achieving the purpose for which it was removed.
(6) In the exercise of powers of entry and search under this
section, an authorised officer may use such reasonable force as is
necessary and justifiable in the circumstances, and may be
accompanied or assisted by such other persons as the authorised
officer considers necessary for assistance to enter into, or upon,
any premises.
540 No. 36 of 2010] Occupational Health and Safety
(7) A person who—
(a) delays or obstructs an authorised officer in the
performance of the authorised officer’s functions;
(b) refuses to give an authorised officer such reasonable
assistance as the authorised officer may require for the
purpose of exercising the authorised officer’s powers;
(c) without reasonable excuse, refuses or fails to comply with
a requirement made or to answer any questions asked
by an authorised officer;
(d) impersonates, or falsely represents that the person is an
authorised officer;
(e) without reasonable excuse, fails to produce or conceals
any record, report or document requested by an
authorised officer; or
(f) gives an authorised officer false or misleading information
in answer to an inquiry made by the authorised officer;
commits an offence and is liable, upon conviction, to a fine not
exceeding two hundred thousand penalty units or to imprisonment
for a period not exceeding two years, or to both.
(8) An authorised officer shall furnish the Director with a
written report and any other information relating to an inspection,
as the Director may require.
(9) Nothing in this section requires a person to disclose or
produce information or a document, if the person would in an
action in a court be entitled to refuse to disclose or produce the
information or document.
27. (1) Where an authorised officer has reasonable grounds
to believe that any contravention of this Act is likely to cause death
or bodily harm to an employee or other persons, the authorised
officer shall order the closure of the workplace.
(2) Notwithstanding subsection (1), where an authorised officer
has reasonable grounds to believe that there is no immediate danger
to any person in a workplace, the authorised officer shall —
(a) permit work to continue during such period and under
such restrictions and conditions as the authorised officer
may consider necessary to ensure the health or safety
of such persons as the authorised officer may specify in
writing; and
(b) require the employer to remedy the contravention
immediately or within such period as the authorised
officer may specify.
Occupational Health and Safety [No. 36 of 2010 541
Notice of
contravention
(3) An employer who is aggrieved with the decision of an
authorised officer may, within seven days of the receipt of the
decision, appeal to the Appeals Board.
(4) The Appeals Board shall, within thirty days of the receipt
of the appeal determine the appeal.
(5) An employer who is aggrieved with the decision of the
Appeals Board may, within thirty days from the date of receipt of
the decision, appeal to the High Court.
(6) Subject to subsection (7), an employer shall, pending the
decision of the High Court, protect all persons from being exposed
to the danger specified in the notice.
(7) The Appeals Board may, where it determines that there is
no immediate danger to any person at a workplace, permit work to
continue during such period and under such restrictions or conditions
as the Director may specify to ensure the health or safety of the
employees.
28. (1) There shall be an Appeals Board which shall determine
appeals against any action of an authorised officer.
(2) The Appeals Board shall consist of the following members
who shall be appointed by the Minister:
(a) the Director of Clinical Care Services in the Ministry
responsible for health;
(b) the Chief Inspector of Factories appointed under the
Factories Act;
(c) the Director of the Mines Safety Department in the
Ministry responsible for mines;
(d) the Director of the Environmental Council of Zambia;
(e) a representative of the Attorney-General;
(f) one representative from an employers’ organisation;
(g) a representative of an employees’ organisation; and
(h) a representative of the Ministry responsible for
agriculture.
(3) The Appeals Board may appoint technical experts to assist
in the performance of its functions under this Act.” and
(4) The Chief Justice may, by statutory instrument, make rules
regulating appeals to the Appeals Board.
29. (1) An authorised officer shall not —
(a) except in the performance of the duties of an authorised
officer under this Act, publish or disclose to any person
the details of any materials, manufacturing processes
542 No. 36 of 2010] Occupational Health and Safety
Appeals
Board
Cap. 441
Prohibition
of disclosure
or
publication
of
information
or operations which may come to the authorised officer’s
knowledge in the course of that authorised officer’s
duties; or
(b) unless authorised by the complainant, divulge the source
of any complaint disclosing to that authorised officer a
breach of any of the provisions of this Act.
PART VI
OCCUPATIONAL HEALTH AND SAFETY SERVICES
30. (1) An employer who employs or intends to employ any
number of persons permanently at the employer’s workplace shall
inform the Director of that fact.
(2) The Director shall, after being informed under subsection
(1), inform the Minister who may designate the workplace or class
of a workplace referred to in that subsection as one requiring an
occupational health and safety service.
(3) The designation referred to in subsection (2) shall take into
consideration the type of industry being carried on, the number of
persons employed and the degree of the hazard.
(4) Where a workplace has been designated under subsection
(3)—
(a) the Director may, with the approval of the Minister, require
the employer to provide—
(i) an occupational health and safety service in that
workplace for the treatment of the employees;
and
(ii) for the employment or payment of such medical,
nursing and auxiliary staff and health and safety
staff as the Minister may consider necessary;
or
(b) the Minister may require that the designated workplace
shall be serviced by the specified occupational health
and safety service and may specify the service or
facilities and staff which the employer shall be required
to provide at the workplace.
(5) An employer who is required under paragraph (a) of
subsection (4) to provide an occupational health and safety service
at that employer’s workplace shall submit drawings and
specifications of the proposed service to the Director for approval
as to the standard of the facilities to be provided.
Occupational Health and Safety [No. 36 of 2010 543
Designation
of
occupational
health and
safety
service
(6) Any occupational health and safety service to be provided
or to be continued under this section shall be approved by the Minister
or an authorised officer acting on behalf of the Minister.
(7) For the purposes of this section, the minimum requirements
for an occupational health and safety service shall be as the Minister
may prescribe by statutory instrument.
31. An occupational health and safety service shall submit to
the Institute such periodical returns and statistics as the Director
may require.
32. (1) The Director may direct—
(a) any employer in writing; and
(b) any category of employees, by notice in the Gazette;
to prepare a health and safety policy concerning the protection of
the health and safety of the employees, including a description of
the organisation and arrangements for carrying out reviews to that
policy.
(2) Any direction under subsection (1) shall be accompanied
by the guidelines concerning the contents of the policy.
(3) An employer shall prominently display a copy of the policy
referred to in subsection (1), signed by the chief executive officer,
in the workplace where the employees normally report for the
service.
PART VII
GENERAL PROVISIONS
33. The Board may grant exemption from any requirement
under this Act and the exemption may be conditional or
unconditional, and for such period as the Board may determine for
the purpose of ensuring compliance with this Act.
34. A person who contravenes any provision of this Act for
which no specific penalty is provided is liable, upon conviction, to a
fine not exceeding one hundred thousand penalty units or to
imprisonment for a period not exceeding one year, or to both.
35. A person who—
(a) without any reasonable excuse, deliberately creates a
risk, or the appearance of a risk to the health or safety
of persons at a workplace with the intention of causing
a disruption of work at that place;
(b) aids, abets, counsels or procures a person to commit an
offence under this Act;
544 No. 36 of 2010] Occupational Health and Safety
Returns and
statistics
Health and
safety
policy
Exemptions
General
penalty
General
offences
(c) in any record or document, wilfully furnishes information
or makes a statement which is false in any material
particular;
(d) tampers with any safety equipment installed or provided
by an employer; or
(e) wilfully or recklessly does anything at a workplace which
threatens the health or safety of any person or the
employees;
commits an offence and is liable, upon conviction, to a fine not
exceeding two hundred thousand penalty units or to imprisonment
for a period not exceeding two years, or to both.
36. Where an offence under this Act is committed by a body
corporate or an unincorporate body, every director or manager of
the body corporate or an unincorporate body shall be liable, upon
conviction, as if the director or manager had personally committed
the offence, unless the director or manager proves to the satisfaction
of the court that the act constituting the offence was done without
the knowledge, consent or connivance of the director or manager
or that the director or manager took reasonable steps to prevent
the commission of the offence.
37. (1) In the exercise of its functions under this Act, the
Institute may issue such guidelines as are necessary for the better
carrying out of the provisions of this Act.
(2) The Institute shall publish the guidelines issued under this
Act in a daily newspaper of general circulation in Zambia, and the
guidelines shall not take effect until they are so published.
(3) The guidelines issued by the Institute under this Act shall
bind all persons regulated under this Act.
38. (1) The Minister may, by statutory instrument, make
regulations for the better carrying out of the provisions of this Act.
(2) Without prejudice to the generality of sub-section (1),
regulations may provide for —
(a) occupational diseases and injuries and hazardous
industries and occupations;
(b) the occupational health and safety standards to be
established at workplaces or classes of workplaces;
(c) the conditions for the design, construction and use of a
plant to protect the occupational health and safety of
employees;
Occupational Health and Safety [No. 36 of 2010 545
Offences by
body
corporate or
unincorporate
body
Institute to
issue
guidelines
Regulations
(d) the requirements with respect to the testing, labelling or
examination of the substance or material that may affect
the occupational health and safety of employees;
(e) the use of protective equipment or devices by employees
or classes of employees;
(f) the occupations for which initial, periodic and benefit
medical examination of persons may be required in order
to verify safe conditions of work or to detect early
changes in health;
(g) the measures for detecting and investigating cases in
which the health of persons has been affected, including
medical examinations, and the making of biological,
hearing or other tests;
(h) the responsibilities of employers, employees, contractors
and other persons under this Act and the health and
safety measures they should take;
(i) the reporting of, and dealing with, accidents occurring at
workplaces;
(j) the prohibition of certain categories of employees from
performing specified work or the performance thereof
on specified conditions;
(k) the making, keeping and inspection of records of matters
relating to risks to health and the furnishing of returns
and information relating to those matters;
(l) prescribing the forms to be used for the purposes of this
Act;
(m) specifying the classes of persons who by reason of age,
sex or pregnancy are, or may be, specially subject to
risk of injury or illhealth caused by the hazards of the
working environment; and
(n) prescribing anything relating to occupational health and
safety which is necessary or expedient in the interest of
the health and safety of employees or which may be
prescribed under this Act.
39. The Second Schedule applies in relation to the savings and
transitional provisions.
546 No. 36 of 2010] Occupational Health and Safety
Savings and
transitional
provisions
FIRST SCHEDULE
(Section 3)
ADMINISTRATION OF INSTITUTE
PART I
THE BOARD
1. (1) Subject to the other provisions of this Act, the
Board may regulate its own procedure.
(2) The Board shall meet for the transaction of business at
least once in every three months at such places and times as the
Board may determine.
(3) A meeting of the Board may be called by the Chairperson
upon giving notice of not less than fourteen days, and shall be called
by the Chairperson if not less than one third of the members so
request in writing:
Provided that if the urgency of any particular matter does
not permit the giving of such notice, a special meeting may be
called upon a shorter notice given by three members of the
Board.
(4) The Chairperson, or the Vice-Chairperson with four other
members shall constitute a quorum at any meeting of the Board.
(5) There shall preside at any meeting of the Board —
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
or
(c) in the absence of both the Chairperson and the Vice-
Chairperson, such other member as the members present
may elect for the purpose of that meeting.
(6) A decision of the Board on any question shall be by a
majority of the members present and voting at the meeting and in
the event of an equality of votes, the person presiding at the meeting
shall have a casting vote, in addition to that person’s deliberative
vote.
(7) The Board may invite any person, whose presence is, in its
opinion, desirable, to attend and to participate in the deliberations
of a meeting of the Board, but such person shall have no vote.
Occupational Health and Safety [No. 36 of 2010 547
Proceedings
of Board
(8) The validity of any proceedings, acts or decisions of the
Board shall not be affected by any vacancy in the membership of
the Board or by any defect in the appointment of any member or
by reason that any person not entitled to do so, took part in the
proceedings.
2. (1) The Board may, for the purpose of performing its functions
under this Act, establish such committees as it considers necessary
and delegate to any of those committees such of its functions as it
considers fit.
(2) Subject to subparagraph (1), the Board may appoint as
members of a committee, persons who are, or are not, members
of the Board, except that at least one member of a committee shall
be a member of the Board.
(3) A person serving as a member of a committee shall hold
office for such period as the Board may determine.
(4) Subject to any specific or general direction of the Board, a
committee may regulate its own procedure.
3. There shall be paid to a member or a member of a
committee such allowances as the Board may determine with the
approval of the Minister.
4. (1) If any person is present at a meeting of the Board or
any committee at which any matter is the subject of consideration,
and in which matter that person or that person’s spouse is directly
or indirectly interested in a private capacity, that person shall, as
soon as is practicable after the commencement of the meeting,
declare such interest and shall not, unless the Board or the
committee otherwise directs, take part in any consideration or
discussion of, or vote on, any question relating to that matter.
(2) A disclosure of interest made under subparagraph (1) shall
be recorded in the minutes of the meeting at which it is made.
5. (1) A person shall not, without the consent in writing given
by, or on behalf of, the Institute, publish or disclose to any
unauthorised person, otherwise than in the course of duties of that
person, the contents of any document, communication or information
whatsoever, which relates to or which has come to the knowledge
of that person in the course of that person’s duties under this Act.
(2) A person who contravenes subparagraph (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both.
548 No. 36 of 2010] Occupational Health and Safety
Committees
of Board
Allowances
of member
Prohibition
of
publication
of
information
to
unauthorised
person
Disclosure
of interest
(3) A person who, having any information which to the knowledge
of that person has been published or disclosed in contravention of
subparagraph (1), unlawfully publishes or communicates the
information to any other person, commits an offence and is liable,
upon conviction, to a fine not exceeding two hundred thousand
penalty units or to imprisonment for a period not exceeding two
years, or to both.
6. An action or other proceeding shall not lie or be instituted
against a member of the Board or a member of a committee of the
Board for, or in respect of, any act or thing done or omitted to be
done in good faith in the exercise of or performance, or purported
exercise or performance of any of the powers, functions or duties
conferred under this Act.
PART II
FINANCIAL PROVISIONS
7. (1) The funds of the Institute shall consist of such moneys
as may—
(a) be appropriated to the Institute by Parliament for the
purposes of the Institute;
(b) be paid to the Institute by way of grants or donations;
and
(c) otherwise vest in, or accrue to, the Institute.
(2) The Institute may, subject to the approval of the
Minister —
(a) accept moneys by way of grants or donations from any
source within or outside Zambia; and
(b) raise by way of loans or otherwise, such moneys as it
may require for the discharge of its functions.
(3) There shall be paid from the funds of the Institute —
(a) the salaries, allowances, pensions and loans of the
members of staff of the Institute;
(b) such reasonable travelling and other allowances for the
members and the members of any committee when
engaged on the business of the Institute, at such rates
as the Board may determine; and
(c) any other expenses incurred by the Institute in the
performance of its functions under this Act.
Occupational Health and Safety [No. 36 of 2010 549
Immunity
Funds of
Institute
(4) The Board may invest in such manner as it considers
appropriate such funds of the Institute which it does not immediately
require for the performance of its functions.
8. The financial year of the Institute shall be a period of twelve
months ending on 31st December in each year.
9. (1) The Institute shall cause to be kept proper books of
account and other records relating to its accounts.
(2) The accounts of the Institute shall be audited annually by
the Auditor-General or an auditor appointed by the Auditor-General.
(3) The Auditor-General’s fees shall be paid by the Institute.
10. (1) As soon as practicable, but not later than ninety days
after the end of the financial year, the Institute shall submit to the
Minister a report concerning its activities during the financial year.
(2) The report referred to in subparagraph (1) shall include
information on the financial affairs of the Institute and there shall
be appended to the report —
(a) an audited balance sheet;
(b) an audited statement of income and expenditure; and
(c) such other information as the Minister may require.
(3) The Minister shall, not later than seven days after the first
sitting of the National Assembly next after receipt of the report
referred to in subparagraph (1), lay the report before the National
Assembly.
SECOND SCHEDULE
(Section 39)
SAVINGS AND TRANSITIONAL PROVISIONS
1. In this Schedule “Bureau” means the Occupational Health
Safety and Research Bureau.
2. (1) For the avoidance of doubt, a person who, before the
commencement of this Act, was an officer or employee of the
Bureau, shall continue to be an officer or employee of the Institute,
as the case may be, as if appointed or employed under this Act.
(2) The service of the persons referred to in subparagraph (1)
shall be treated as continuous service.
(3) Nothing in this Act, affects the rights and liabilities of any
person employed or appointed by the Bureau before the appointed
date.
550 No. 36 of 2010] Occupational Health and Safety
Accounts
Financial
year
Annual
report
Definition of
Bureau
Staff of
Bureau
3. (1) On or after the commencement of this Act, there shall be
transferred to, vest in and subsist against the Institute by virtue of
this Act and without further assurance—
(a) the affairs of the Bureau; and
(b) subject to this Act, all property, rights and obligations which
immediately before the appointed date were the
property, rights and obligations of the Bureau.
(2) Except as provided in this Act, every deed, bond and
agreement, other than an agreement for personnel service, to which
the Government was a party immediately before the appointed
date, whether or not of such a nature that rights, liabilities and
obligations could be assigned, shall, unless its subject matter or
terms make it impossible that it should have effect as modified, as
provided under this paragraph, have effect as if—
(a) the Institute had been party to it;
(b) for any reference to the Government there was
substituted, with respect to anything falling to be done
on or after the commencement of this Act, a reference
to the Institute; or
(c) for any reference to any officer of the Bureau, not being
a party to it and beneficially interested, there were
substituted, as respects anything falling to be done on or
after the appointed date, a reference to such officer of
the Institute as the Institute shall designate.
(3) Where under this Act, any assets, rights, liabilities and
obligations of the Government are deemed to be transferred to the
Institute in respect of which transfer a written law provides for
registration, the Institute shall make an application in writing to the
appropriate registration authority for registration of the transfer.
(4) The registration authority, referred to in subparagraph (3),
shall make such entries in the appropriate register as shall give
effect to the transfer and, where applicable, issue to the transferee
concerned a certificate of title in respect of the property or make
necessary amendments to the register and shall endorse the deeds
relating to the title, right or obligation concerned and no registration
fees or other duties shall be payable in respect of the transaction.
Occupational Health and Safety [No. 36 of 2010 551
Transfer of
assets and
liabilities
552 No. 36 of 2010] Occupational Health and Safety
4. (1) Any legal proceedings or application of the Government
pending immediately before the appointed date by, or against, the
Government may be continued by, or against, the Institute.
(2) After the appointed date, proceedings in respect of any
right, liability or obligation which was vested in, held, enjoyed,
incurred or suffered by the Government, may be instituted by, or
against, the Institute.
Legal
proceedings
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