Workers can now legally refuse dangerous work under new Act

Employees can now legally refuse work that puts their lives or health at risk, and employers cannot dismiss, demote or punish them for doing so, under the Occupational Safety and Health Act recently signed by President Emmerson Mnangagwa.

The Act introduces major statutory protections to prevent workplace injuries, deaths, and occupational diseases.

Under Section 14(1), “Every worker shall have the right to refuse to do work which is likely to cause imminent danger to his or her safety or health which has not been rendered safe.”

It also provides that workers who exercise their occupational safety and health rights “shall be entitled to protection from dismissal and other measures prejudicial to them while exercising their functions in the field of occupational safety and health.”

Employers are statutorily required to provide safe working environments and manage workplace risks.

Section 13 states that every employer “shall provide and maintain a working environment that is safe and without unacceptable risk to the health of the employees and workers” and must establish, implement and maintain occupational safety and health management systems as prescribed.

Failure to comply can result in criminal liability where a contravention causes injury. An employer who contravenes the provisions and thereby causes injury is liable to a Level 14 fine of US$5,000 or up to two years in prison, or both.

The law requires employers with five or more workers at a workplace to allow workers to appoint or elect a safety and health representative in every section or department.

Where two or more representatives have been appointed or elected, the employer must establish one or more safety and health committees. The costs are to be borne by the employer.

Workers are also entitled to adequate information on measures being taken to protect their safety and health, appropriate training during paid working hours, and consultation on safety and health matters relating to their work. They may propose preventive measures and contribute views on occupational safety and health issues within their organisations.

The Act establishes a dedicated Occupational Safety and Health Department within the National Social Security Authority (NSSA) to promote and enforce workplace safety. Its functions include formulating and enforcing safety and health standards, collecting and recording statistics on workplace injuries and occupational diseases, supporting research and implementing the NSSA Accident Prevention and Workers’ Compensation Scheme.

It also establishes a Medical Bureau of Occupational Diseases to conduct or direct medical examinations, issue certificates to workers and certify cases of occupational diseases.

The new law repeals the Factories and Works Act and the Pneumoconiosis Act, consolidating occupational safety and health regulation under a single framework.

More: The Sunday Mail