Zimbabwe workers gain the right to refuse dangerous work

Zimbabwean workers can refuse a dangerous job without risking their jobs under a new law signed by President Emmerson Mnangagwa. The Occupational Safety and Health Act bars bosses from firing or punishing staff who turn down tasks that pose an urgent risk. And firms that break safety rules and hurt staff could face a US$5,000 fine, two years in jail, or both.

Section 14(1) gives staff the right to say no when a task poses a clear threat to their lives or health, and no one has fixed the risk. That rule gives employees legal backing when a boss expects them to work in unsafe conditions.

But the duty to keep people safe rests with the employer. Under Section 13, firms must spot hazards, deal with risks, and keep proper safety systems in place. Leaving staff to face risks that could have been avoided is not an option under the Act.

Even small firms have new duties. A site with at least five staff members must let them choose a safety rep for each unit. If a site has two or more reps, it must set up a safety committee. The employer pays for these steps.

Staff also get a say in how firms deal with risks. They can ask for safety details, get training while on the clock and still earn pay, and share ideas on how to stop harm at work. Their views must form part of talks about risks linked to their jobs.

The National Social Security Authority, or NSSA, gets a new unit that will focus on health and safety at work. Its tasks range from setting rules and checking that firms follow them to keeping data on job-related harm. It will also aid studies and run accident prevention and staff compensation work.

A Medical Bureau of Occupational Diseases will deal with health checks and work-linked illness claims. It can arrange medical tests, issue worker certificates, and confirm cases of disease linked to jobs.

Inspectors have more power as well. Florence Taruvinga, who leads the Zimbabwe Congress of Trade Unions, says they can halt work or shut a site when firms fail to meet safety rules and the risk calls for it.

Two older laws are being scrapped as part of the change. The Factories and Works Act and Pneumoconiosis Act will give way to one set of rules for job safety and work-linked disease.

Kennias Shamuyarira, secretary-general of the Zimbabwe Federation of Trade Unions, sees the move as a big win for labor. He says it gives staff and union reps more legal weight when they seek safer sites, real input, and firm action on hazards.

Section 65(4) of Zimbabwe's Constitution backs fair and safe work rights, and Shamuyarira says the Act helps put that pledge into practice.
 

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