President Mnangagwa Signs New Law Allowing Zimbabwe Workers To Refuse Dangerous Work
Zimbabwean workers now have legal protection to refuse duties that expose them to immediate danger, with employers prohibited from dismissing or penalising them for exercising this right under the new Occupational Safety and Health Act signed by President Emmerson Mnangagwa.
The legislation introduces tougher obligations for employers, including requirements to maintain safe workplaces, establish safety management systems and involve workers in decisions affecting their health and safety. Employers who breach the law and cause injuries could face fines of up to US$5,000, imprisonment for up to two years, or both.
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Workers Protected From Punishment For Refusing Unsafe Duties
Section 14(1) of the Act explicitly allows employees to decline work that poses an imminent threat to their safety or health if the danger has not been addressed.
“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,” reads the provision.
The law further protects employees from dismissal and other forms of prejudice when exercising their occupational safety and health rights.
The provision gives workers a clear legal basis to challenge situations in which they are expected to continue working despite unresolved risks to their lives or health.
Employers Face Fines And Jail Time For Safety Breaches
The legislation places responsibility on employers to identify and manage workplace hazards rather than leave workers exposed to preventable dangers.
Section 13 requires employers to “provide and maintain a working environment that is safe and without unacceptable risk to the health of the employees and workers”.
Employers must also establish and maintain occupational safety and health management systems in accordance with the law.
Where an employer contravenes the Act and causes injury, the penalty can reach a Level 14 fine of US$5,000, imprisonment for up to two years, or both.
The law also requires employers with five or more workers at a workplace to allow employees to appoint or elect a safety and health representative in every section or department.
Workplaces with two or more such representatives must establish one or more safety and health committees. Employers are responsible for covering the costs of implementing these requirements.
Workers Gain Training And Consultation Rights
Beyond the right to refuse dangerous work, employees are entitled to information about measures taken to protect their safety and health.
The Act also provides for appropriate training during paid working hours and consultation on occupational safety matters related to their duties.
Workers can propose preventive measures and contribute their views on workplace health and safety issues within their organisations.
These provisions are intended to give employees a greater role in identifying hazards and preventing accidents before they result in injuries, deaths or occupational diseases.
NSSA Gets Dedicated Occupational Safety Department
The new law establishes an Occupational Safety and Health Department within the National Social Security Authority (NSSA), creating a specialised structure for overseeing workplace safety.
The department will be responsible for developing and enforcing safety standards, maintaining statistics on workplace injuries and occupational diseases, supporting research and implementing the NSSA Accident Prevention and Workers’ Compensation Scheme.
The Act also establishes a Medical Bureau of Occupational Diseases, which will conduct or direct medical examinations, issue certificates to workers and certify cases of occupational diseases.
Occupational safety and health inspectors have also been given enhanced powers to enter workplaces for inspections. According to Zimbabwe Congress of Trade Unions (ZCTU) president Florence Taruvinga, inspectors can stop production or close establishments that fail to comply with safety requirements where necessary.
New Law Replaces Two Existing Acts
The Occupational Safety and Health Act repeals the Factories and Works Act and the Pneumoconiosis Act, bringing workplace safety and occupational disease regulation under a single legislative framework.
Zimbabwe Federation of Trade Unions secretary-general Kennias Shamuyarira described the legislation as a landmark development for workers, saying it establishes a clearer basis for preventing workplace injuries, diseases and deaths.
“The Act strengthens the basis upon which workers and their representatives can demand preventive measures, meaningful consultation, effective inspections and safer working environments,” he said.
Shamuyarira added that the legislation gives practical effect to Section 65(4) of the Constitution, which recognises the right to fair and safe labour practices and standards.
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