©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 213 CHAPTER 297 THE OCCUPATIONAL HEALTH AND SAFETY ACT [PRINCIPAL LEGISLATION] Arrangement of Sections Section Title part i PRELIMINARY PROVISIONS 1. Short title.� 2. Application.� 3. Interpretation.� part ii ADMINISTRATION 4. Appointment and powers of Chief Inspector.� 5. Appointment of inspectors.� 6. Power of inspectors.� 7. Investigation.� 8. Formal inquiries.� 9. Appeal against decision of inspector.� 10. Power of inspector to proceedings before Magistrate’s Court.� 11. Safety and health representatives.� 12. Functions of safety and health representatives.� 13. Safety and Health Committees.� 14. Functions of Health and Safety Committees.� part iii REGISTRATION OF FACTORIES OR WORKPLACES 15. Register of factories and workplaces.� 16. Registration of factories and workplaces.� 17. Procedure for registration.� 18. Existing registration.� 19. Grounds of refusal.� 20. Notification of closure or change of occupier or industry.� 21. Submission of factory or workplace drawings.� 22. Construction after approval.� 23. Appeal to Minister.� ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 214 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] part iv SAFETY PROVISIONS 24. Medical examination.� 25. Duty to fence prime moves and transmission machinery.� 26. Other machinery.� 27. Safety devices.� 28. Provision as to unfenced machinery.� 29. Construction and maintenance of fencing.� 30. Cleaning of machinery.� 31. Construction and disposal of new machinery.� 32. Vessel containing dangerous liquids.� 33. Self-acting machine.� 34. Training, supervision and research.� 35. Hoists and lifts.� 36. Maximum load of hoist or lift.� 37. Chain, ropes and lifting tackles.� 38. Examination of chains, ropes and lifting tackles.� 39. Cranes and other lifting machines.� 40. Maximum working load.� 41. Register of chains, ropes other lift tackles, cranes and other lifting machines.� 42. Reporting on plants due for inspection.� 43. Safe means of access and safe working place.� 44. Precaution where dangerous fumes are liable to be present.� 45. Precautions in respect to explosive or inflammable dust, gas vapor or substance.� 46. Steam boilers.� 47. Examination of steam boiler and fittings.� 48. Steam receivers and steam containers.� 49. Air receivers.� 50. Prevention of fire.� 51. Powers of inspectors to make orders.� 52. Power of court to make order as to dangerous conditions and practices.� 53. Power of court to make orders as to dangerous factory or workplace.� part v HEALTH AND WELFARE PROVISIONS 54. Supply of drinking water.� 55. Sanitary convenience.� 56. Washing facilities.� 57. Accommodation for clothing.� ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 215 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] 58. First aid facilities.� 59. Facilities for sitting.� part vi SAFETY SPECIAL PROVISIONS 60. Risk assessment.� 61. Removal of dusts or fumes.� 62. Provision of protective equipment.� 63. Protection of eyes in certain processes.� 64. Power to take samples and measurements.� 65. Safety or health of agricultural activities.� part vii HAZARDOUS MATERIALS AND PROCESSES 66. Safety of electrical installations and apparatus.� 67. Toxic materials to be used as last resort.� 68. Drenching facilities for emergency cases.� 69. Protection of workers from exposure to aphyxiant or irritants.� 70. Workers not to be exposed to ionising radiations etc.� 71. Prohibition of work not adapted to workers.� 72. Medical examination or supervision in certain processes.� part viii CHEMICAL PROVISIONS 73. General precautions in handling chemicals.� 74. Provision of chemical data sheets.� 75. Labeling of hazardous chemicals.� 76. Duty of suppliers, manufacturers as regards equipment.� part ix OFFENCES, PENALTIES AND LEGAL PROCEEDINGS 77. Acts or omissions by employees or agents.� 78. Offences.� 79. Penalty for offences for which no express penalty is provided.� 80. Power of Court to order cause of contravention to be remedied.� 81. Penalty in case of death or injury.� 82. Forgery of certificates, false entries and declaration.� 83. Penalty on persons actually committing offences for which occupier is liable.� 84. Proof of certain facts.� ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 216 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] 85. Power of occupier or owner to exempt himself from liability on conviction of actual offender.� 86. Proceedings against persons other than occupiers or owners.� 87. Prosecution of offences.� 88. Powers to compound offences.� part x MISCELLANEOUS PROVISIONS 89. Posting of abstract of Act, rules and notices.� 90. Register.� 91. Preservation of registers and records.� 92. Periodical return of persons employed or any other matters.� 93. Duties of employed persons.� 94. Prohibition of deductions from wages.� 95. General duties of employers or occupiers or self employed persons.� 96. Preparation of policy.� 97. General prohibitions.� 98. Sales of certain articles prohibited.� 99. General duties of employees at work.� 100. Chief Executive Officer charged with certain duties.� 101. Notification of incidents or occupational diseases.� 102. Victimisation forbidden.� 103. Exemption by the Chief Inspector.� 104. Power to exempt in case of public emergency.� 105. Delegation of powers and assignment of functions.� 106. General duties of manufacturers.� 107. Protection provision.� 108. Repeal and saving.� 109. Power to make regulations, orders and rules.� 110. Incorporation of health and safety standards in regulations, rules or orders.� SCHEDULES ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 217 PART I PRELIMINARY PROVISIONS 1. This Act may be cited as the Occupational Health and Safety Act. 2.–(1) This Act shall apply to factories and all other work places as defined under this Act unless exempted by the Minister in accordance with the provisions of this Act. (2) In case of any work which would constitute a factory, the provisions of this Act shall apply as if the owner or occupier of the workplace is the occupier of the factory and the persons working there were persons employed in the factory. (3) Where a place is situated within the close cartilage or precincts forming a factory is solely used for some purpose other than processes carried on in the factory that place shall not be deemed to form part of the factory for the purposes of this Act but shall, if otherwise would be a factory be deemed to be a separate factory. (4) Any line or siding, not being part of a railway which is used in connection with and for the purposes of a factory if any such line or siding is used in connection with more than Short title Application CHAPTER 297 THE OCCUPATIONAL HEALTH AND SAFETY ACT An Act to repeal the Factories Ordinance; to make provisions for the safety, health and welfare of persons at work in factories and other place of work; to provide for the protection of persons other than person at work against hazards to health and safety arising out of or in connection with activities of person at work; and to provide for connected matters. [1st August, 2003] [GN. No. 240 of 2003] Acts Nos. 5 of 2003 5 of 2022 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 218 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] one factory belonging to different occupiers, the line or siding shall be deemed to be a separate factory, and the provisions of this Act shall apply as if such different occupiers were jointly the occupiers of the line or siding so deemed to be a factory. 3. In this Act, unless the context otherwise requires- “air receiver” means- (a) any vessel, other than pipe or coil, or an accessory, fitting or part of a compressor, for containing compressed air and connected to an compressing plant; or (b) any fixed vessel or tank for containing compressed air or compressed exhaust gases and used for the purpose of starting an internal combustion engine; “article” includes any solid, liquid or gas or any combination of them; “Authority” means the Occupational Safety and Health Authority; “authorised plant inspector” means any person whether an officer of the Government or not who is authorised by the Chief Inspector to carry out examination and tests and issue a certificate as may be required; “approved inspection authority” means an inspection authority approved by the Chief Inspector with respect to a particular service; “bodily injury” means physical or mental injury; “biological monitoring” means a planned programme of periodic collection and analysis of body fluid, tissues, excreta, or exhaled air; “Board” means the Ministerial Advisory Board established under section 6 of the Executive Agencies Act; “building operation” means the construction, structural alteration, repair or maintenance of a building, including re-painting, redecoration and external cleaning of the structure, the demolition of a building, and the preparation for and laying the foundation of an intended building, but does not include any operation which is a civil engineering work within the meaning of this Act; Interpretation Cap. 245 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 219 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] “certificate of registration” means certificate of registration granted under this Act; “Chief Inspector” means the chief inspector of factories and other workplaces appointed under section 4 and who shall be the Chief Executive of Occupational Safety and Health Authority appointed under the Executive Agency Act and includes the Acting Chief Inspector; “civil engineering work” includes, operation at bridges, aqueducts, dams, reservoirs, docks, inland navigation, waterworks, sewerage works, steel and reinforcement concrete structures, river works, roads, pipe lines, tunnels and shafts. “Committee” means a Health and Safety Committee established under section 13; “compliance licence” means an occupational safety and health compliance licence issued under section 17(3); “danger” means any injury or damage to persons, property or environment; “employee” means any person who- (a) is employed by or works for an employer and who receives or entitled to receive any remuneration; or (b) works under the direction or supervision of an employer or any other person; (c) is apprentice; “employer” means any person who employs or provides work for any person and remunerates that person or expressly or tacitly undertakes to remunerate him; “exit medical examination” means medical examinational conducted on an employee upon leaving his employment; “explosives” means any substance capable of releasing energy in a rapid and uncontrolled manner to give rise to explosions; “factory” means any premises in which persons are employed in any process for or incidental to- (a) the making of any article or part of any article; Cap. 245 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 220 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (b) the altering, repairing, ornamenting, finishing, clearing or washing or the breaking up or demolition of any article; or (c) the adapting for sale of any article, being premises in which or within the close or cartilage or precincts of which the work is carried on by way of trade or for purposes of gain and to or over which the employer of the persons employed therein has the right of access or control and include- (i) any yard or dry dock, including the precincts thereof; in which ships or vessels are constructed, reconstructed, repaired, refitted, finished or broken; (ii) any premises in which the business of washing or filling of bottles or containers or packing articles is carried on incidentally to the purposes of any factory; (iii) any premises in which the construction, reconstruction or repair of locomotives, vehicles or other plant for use for transport purposes is carried on as ancillary to transport undertaking or other industrial or commercial locomotives or vehicles where only cleaning, washing, running repairs or minor adjustments are carried out; (iv) any premises in which printing or other similar process, or bookbinding is carried on by way of trade or for purposes of gain or incidentally to another business so carried on; (v) any premises in which mechanical power is used in connection with the making or repair of articles of metal or wood incidentally to any business carried on by way of trade or for purposes of gain; (vi) any premises in which articles are made or prepared incidentally to the carrying on of building operations or civil engineering works; ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 221 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (vii) any premises in which persons are regularly employed in or in connection with the generating of electrical energy for supply by way of trade, or for supply for the purposes of any industrial or commercial undertaking or of any public building or public institution, or for supply to streets or other public places; (viii) any premises in which mechanical power is used for the purposes of or in connection with a water supply, being premises in which persons are regularly employed; (ix) any sewage works in which mechanical power is used and any pumping station used in connection with any sewage works; (x) any site in which building or civil engineering works are being carried on: (xi) any workplace in which, with the permission of or under agreement with the owner or occupier, two or more persons carry on any work which would constitute the factory or workplace if the persons working there were in the employment of the owner or occupier; (xii) any premises belonging to or in the occupation of the Government, or any local authority, where the work carried there is by way of trade, or for the purpose of gain; “hazard” means a source of or exposure to danger; “health and safety equipment” means any article or part thereof which is manufactured, provided or installed in the interest or the health or safety of any person, property or environment; “Inspector” means an occupational safety and health officer in the service of the Government or any other person appointed by the Chief Inspector to be an Inspector for the purpose of this Act; ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 222 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] “lifting tackle” includes chains, Claris hips, rope slings rings, holes, shackles and swivels. “local authority” has the meaning ascribed for it under the Local Government (District Authorities) Act and Local Government (Urban Authorities) Act; “machinery” means any article or combination of articles assembled, arranged or connected and which is used or intended to be used for converting any form of energy to perform work, or which is used or intended to be used, whether incidental thereto or not, for developing, receiving, storing, containing, confining, transforming, transmitting, transferring or controlling any form of energy; “maintained” means work maintained in an efficient state, in efficient working order and in good repair; “manual labour” means work ordinarily performed by tradesmen of every type and description, labourers and drivers of all modes of transport, but does not include clerical work or similar occupation; “maximum permissible pressure” means the pressure specified in the relevant certificate or the pressure specified in the report of the last examination; “medical surveillance” means a planned programme or specialised examination or periodic examination, which may include clinical examinations, biological monitoring or medical tests of employees by an occupational health practitioner or, an occupational medicine practitioner; “Minister” means the Minister responsible for labour; “Occupational disease” means any disease arising out of or in the course of employment; “occupational health” includes occupational hygiene, occupational medicine and biological monitoring; “Occupation Health Practitioner” means a health and safety professional with postgraduate training in occupational health; Cap. 287 Cap. 288 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 223 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] “occupational hygiene” means the anticipation, recognition, evaluation and control of conditions arising in or from a workplace, which may cause illness or adverse health effects to persons; “Occupational Medicine Practitioner” means a medical doctor with postgraduate training in occupational medicine or occupational health; “organism” means any biological agent which is capable of causing illness to persons; “plant” includes fixtures, fittings, implements, equipments, tools and appliances, and anything which is used for any purpose in connection with such plant; “premises” includes any building, vehicle, vessel, train or aircraft; “prime-mover” means an engine, motor or other appliance which provides mechanical energy driven from steam, water, wind, electricity, combustion of fuel or other source; “properly used” means used with due regard to any information, instruction or advice supplied by the designer, manufacturer, importer, seller or supplier; “register” means a register of factories and workplaces established under section 15 and includes any other register kept in every factory workplace; “risk” means the probability that injury of or damage to person, property or environment will occur; “safe working pressure” means the pressure specified in the relevant certificate under this Act or the pressure which is specified in the report of the last examination; “sanitary convenience” include urinals, water-closets, earth-closets, privies, ash-pits, and any similar conveniences; “sell” includes- (a) to offer or display for sale or import into Mainland Tanzania for sale; or (b) to exchange, donate, lease or offer or display for leasing; ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 224 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] “steam boiler” means any closed vessel in which for any purpose steam is generated under pressure greater than atmospheric pressure, and includes hot water boiler and any economiser used to heat water being fed to any such vessel, and super-heater used for heating steam; “steam container” means any vessel other than a steam pipe or coil with a permanent outlet to the atmosphere or into a space where pressure does to the atmosphere or into a space where pressure does not exceed atmospheric pressure and through which steam is passed at atmospheric pressure or at approximately that pressure for the purpose of heating, boiling, drying, evaporating or other similar purposes; “steam receiver” means any vessel or apparatus, other than steam under pressure greater than atmospheric pressure; “substance” includes any solid, liquid, vapour, gas or aerosol, or combination thereof;” “trade union” means a trade union as defined under the Employment and Labour Relations Act; “transmission machinery” means a shaft, wheel, drum, pulley, system of fast and loose pulleys, coupling, clutch, driving-belt or other device by which the motion of a prime-mover is transmitted to or received by any machine or appliance; “user” means in relation to plant or machinery, means the person who uses plant or machinery for own benefit or who has the right of control over the use of plant or machinery, but does not include a less or of or any person employed in connection with that plant or machinery; “worker” means an employee or a self-employed person, and for such purpose an employer or a self-employed person is deemed to be at work during the time that he is in the course of employment; and “workplace” means any premises or place where a person performs work in the course of his employment. Cap. 366 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 225 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] PART II ADMINISTRATION 4.–(1) The Minister shall appoint the Chief Inspector from amongst persons who possess the necessary qualifications, experience and competence to perform the functions under this Act. (2) The Chief Inspector appointed under subsection (1) shall perform his functions in accordance with the Executive Agencies Act and this Act. (3) Without prejudice to the generality of subsection (2), the functions of the Chief Inspector shall include- (a) to keep record of publication on health and safety standards which are incorporated in the regulations, rules or orders; (b) to keep record of amendments of substitution of any health and safety standard so published; (c) to keep and maintain register of factories; (d) to keep records and other register of any other matters which need to be registered under this Act; (e) to do such other functions as may be required under this Act; and (f) to make available for inspection by interested persons, any register or extract therefrom. (4) The Chief Inspector may delegate any power conferred upon him by this Act, to any officer or authorise any such officer to perform any duty assigned to him by this Act. (5) Delegation of a power under subsection (4) shall not prevent the exercise of that power by the Chief Inspector himself. (6) The Minister may designate any other officer serving in the Authority to act as Chief Inspector during the absence or incapacity or, where no person has been designated as Chief Inspector; until a Chief Inspector is designated. Appointment and powers of Chief Inspector Cap. 245 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 226 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] 5.–(1) The Chief Inspector may designate any person as an inspector to perform, subject to the control and directions of the Chief Inspector, any or all of the functions assigned to an inspector by this Act. (2) Every inspector shall be furnished with a certificate of his appointment and when visiting any factory or workplace to which any of the provisions of this Act applies shall, if so required, produce the certificate to the occupier or other person holding a responsible management position at a factory or workplace. (3) Where an inspector is designated under subsection (1) and performs any function under this Act in the presence of any person affected thereby, the inspector shall on demand by that person produce to him the certificate referred to in subsection (2). (4) An inspector shall not publish or disclose to any person the details of any manufacturing, commercial, working process or any information concerning the affair of any other person, which may come to his knowledge in the course of his duties under this Act, except- (a) in so far as is necessary for the purpose of prosecution for an offence; (b) to the extent to which it may be necessary for the proper administration of this Act; or (c) at the request of a health and safety representative or a Health and Safety Committee entitled thereto. (5) An inspector shall treat as absolutely confidential the source of any complaint bringing to his notice a contravention of the provisions of this Act, and shall give no intimation to the occupier or his representative that a visit of inspection was made in consequence of that complaint. (6) A person who- (a) is the occupier of a factory or workplace; (b) is directly interested in a factory or workplace or in any process or business carried therein or in a patent connected therewith; or Appointment of inspectors ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 227 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (c) is employed in a factory or workplace, shall not act as an inspector. 6.–(1) An inspector shall, for the purpose of the performance of this Act have powers to do all or any of the following: (a) without prior notice, to enter, inspect and examine, by day or night, a factory or workplace, and every part thereof, when he has reasonable cause to believe that any person is employed therein; (b) to enter, inspect, and examine, any place which he has reasonable cause to believe to be a factory or workplace and any part of any building of which a factory or workplace forms part and in which he has reasonable cause to believe that explosive or highly inflammable materials are stored or used; (c) to exercise such other powers as may be necessary to inspect and examine any machinery, plant, or appliance, in a factory or workplace; (d) to take with him any assistant or a police officer if he has  reasonable cause to apprehend any serious obstruction in the execution of his duty; (e) to require the production of a register, a certificate, notice, a document, an article, any substance, plant or machinery or a part or a sample in pursuance of this Act; (f) to inspect, examine and copy any of the documents mentioned under paragraph (e); (g) to seize any documents or article mentioned under paragraph (e) if in the opinion of the inspector the seizure may serve as evidence at the trial of any person charged with an offence under this Act; (h) to make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act, are complied with; Power of inspectors ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 228 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (i) to require any person whom he finds in a factory or workplace to give such information as it is in his powers to give information as to who is the occupier of the factory or workplace; (j) to direct any employer, employee, or user including any former employer, employee or user, to appear before him at such time and place as may be determined by him and question that employer, employee or user either alone or in the presence of any other person on any matter to which this Act relates; (k) to examine any person, either alone or in the presence of any other person, as he thinks fit, with respect to matters under this Act, and to require every such person to sign a declaration of the truth of the matter to which he is so examined: Provided that, no person shall be required under this provision to answer any question or give any evidence intending or likely to incriminate himself; (l) in the case of an inspector who is a registered Occupational Medicine Practitioner, to carry out such medical examinations as may be necessary for the purpose of his duties under this Act; (m) to exercise such other powers as may be necessary for carrying this Act into effect; and (n) to carry out investigation on any matter under this Act and to prepare the relevant report. (2) The occupier of every factory or workplace, his agent and servant shall furnish the means required by an inspector as necessary for an entry, inspection, examination, inquiry, the taking of samples, biological monitoring or for the exercise of his powers under this Act in relation to that factory or workplace. (3) A person who- (a) willfully delays an inspector in the exercise of any power under this section; (b) fails to comply with the requirements of an inspector under this section; or (c) obstructs an inspector in the execution of his duties, ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 229 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] commits an offence and on conviction, shall be liable to a fine not exceeding two million shillings or to imprisonment for a term not exceeding three months or to both. 7.–(1) An inspector may investigate the circumstances of any incident which has occurred at or originated from a factory or workplace or in connection with the use of a plant or machinery which resulted, or in the opinion of the inspector could have resulted, in the injury, illness or death of any person in order to determine whether it is necessary to hold a formal investigation. (2) After completing the investigation under subsection (1), the inspector shall submit a written report, together with all relevant statements, documents and information gathered by him, to the Chief Inspector for further action. (3) A prescribed fee and all other related expenses for the investigation shall be borne by the owner or occupier of the factory or workplace. 8.–(1) The Chief Inspector, upon receipt of a complaint may, direct an inspector to conduct a formal inquiry into any incident which has occurred at or originated from a factory or workplace or in connection with the use of plant or machinery which has resulted, or in the opinion of the Chief Inspector could have resulted, in the injury, illness or death of any person. (2) The inspector shall after the conclusion of an inquiry under this section prepare and submit a report on inquiry to the Chief Inspector for further action. (3) The Chief Inspector may, after considering the report under subsection (2)- (a) advise accordingly; (b) issue improvement notice; (c) issue prohibition notice; or (d) refer the matter to court. (4) The Minister shall upon consultation with the Chief Inspector make rules prescribing procedures for conducting inquiry under this section. Investigation Formal inquiries ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 230 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] 9.–(1) A person aggrieved by a decision of the inspector under this Act may appeal against the decision to the Chief Inspector. (2) Any person who wishes to appeal in terms of subsection (1), shall within thirty days after the inspector’s decision lodge an appeal with the Chief Inspector in writing, setting out the grounds of appeal. (3) The Chief Inspector shall, after he has considered the grounds of the appeal and the inspector’s reasons for the decision, confirm or set aside or vary the decision or substitute for that decision any other decision as may be appropriate. (4) A person aggrieved by the decision of Chief Inspector under subsection (3) or in the exercise of any power under this Act, may within thirty days appeal against that decision to the Minister. (5) Where the Minister has received appeal he shall, within thirty days, determine the appeal. (6) In determining the appeal the Minister may, vary, confirm or otherwise direct the Chief Inspector the manner in which the matter complained of be treated. 10.–(1) An inspector may, prosecute, conduct, or defend before a Magistrate’s Court any charge, complaint, or any other proceeding arising under this Act, or in the discharge of his duty as an inspector. (2) It shall not be an objection to the competence of an inspector to give evidence as a witness in any prosecution brought at his instance or conducted by him. 11.–(1) Subject to the provisions of subsection (2) and (3), every employer who has more than twenty employees in his employment at any factory or workplace shall- (a) within four months after the commencement of this Act; (b) after commencing business; or (c) from such time as the number of employees exceeds four, Appeal against decision of inspector Power of inspector to proceedings before Magistrate’s Court Safety and health representatives ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 231 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] designate in writing for a specified period, a health and safety representatives for that factory or workplace, or for the different sections thereof. (2) An employer and his employees or their representatives shall make their own arrangements and procedures for the nomination or election, the term of office; and subsequent designation of health and safety representatives in terms of subsection (1): Provided that, where such consultation fails, the matter shall be referred to an inspector for arbitration and decision. (3) Every employee employed in a full-time capacity at a specific factory or workplace and is acquainted with conditions and activities at that factory or workplace or section thereof, shall be eligible for designation as a health and safety representative for that factory or workplace or section. (4) The number of health and safety representatives at a factory or workplace or section thereof shall- (a) in the case of shops and offices be at least one health and safety representative for hundred employees or part thereof; (b) in the case of a factory or workplace at least one health and safety representative for every fifty employees or part thereof: Provided that, those employees performing work at a workplace other than that where they ordinarily report for duty, shall be deemed to be working at the factory or workplace where they so report for duty. (5) Where an inspector is of the opinion that, the number of health and safety representatives for any factory or workplace or section thereof, including factory or workplace or a section thereof with four or fewer employees, is inadequate, he may by notice in writing direct the employer to designate such number of employees as health and safety representatives for that factory or workplace or section thereof as the inspector may determine in accordance with the arrangements and procedures referred to in subsection (2). ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 232 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (6) All activities in connection with the designation, functions and training of health and safety representatives shall be performed during ordinary working hours, and any time reasonably spent by any employee in this regard shall for all purposes be deemed to be time spent by him in the carrying out of his duties as an employee. 12.–(1) The functions of a health and safety representative appointed for the factory or workplace under this Act shall include- (a) to review the effectiveness of health and safety measures; (b) to identify potential hazards and major incidents at a factory or workplace; (c) to collaborate with his employer, examine the causes of incidents at the factory or workplace; (d) to investigate complaints by any employee relating to that employee’s health or safety at work; (e) to make representations to the employer or a health and safety committee or where such representations are unsuccessful, to an inspector; (f) to inspect any document which the employer is required to keep in terms of this Act in so far as is reasonably necessary to perform his functions; (g) to accompany an inspector on any inspection; (h) to participate in any internal health or safety audit; and (i) to report accidents, near-misses, injuries, illnesses, deaths and non-compliance to the inspector. (2) An employer shall provide such facilities, assistance and training as a health and safety representative may reasonably require for the carrying out of his functions. 13.–(1) An employer shall in respect of each factory or workplace where two or more health and safety representatives have been designated, establish one or more Committees and, at every meeting of such a Committee, consult with the Committee for the purpose of initiating, developing, promoting, maintaining and reviewing measures to ensure the health and safety of his employees at work. Functions of safety and health representatives Safety and Health Committees ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 233 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (2) The Committee shall consist of such number of members  at least one third of whom shall be women as the employer may from time to time determine except that- (a) where one Committee has been established in respect of a factory or workplace, all the health and safety representatives for that factory or workplace shall be members of the Committee; (b) where two or more Committees have been established in respect of a factory or workplace, each health and safety representative for that factory or workplace shall be a member of at least one of those Committees; and (c) the number of persons nominated by an employer on any Committee established in terms of this section shall not exceed the number of health and safety representatives on that Committee. (3) The persons nominated by an employer on a Health and Safety Committee shall be designated in writing by the employer for such period as may be determined by him, and shall be members of the Committee for the period of their designation in terms of this section. (4) The Committee shall hold meetings as often as may be necessary but at least once every three months at a time and place determined by the Committee. (5) An inspector may by notice in writing direct the members of a Committee to hold a meeting at a time and place determined by the inspector. (6) Where more than ten percent of the employees at a specific factory or workplace has made a written request to an inspector, the inspector may by a written notice direct that such a meeting be held. (7) The Committee shall determine the procedures of the meetings. (8) The Committee may co-opt one or more persons by reason of a particular knowledge of health or safety matter as an advisory member or as advisory members of the Committee but such member shall not have the right to vote. ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 234 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (9) Where an inspector is of the opinion that the Committees established for any particular factory or workplace is inadequate, he may in writing direct the employer to establish for that factory or workplace such number of Committees as the inspector may determine. 14.–(1) The Committee- (a) may make recommendations to the employer or, where the recommendations fail to resolve the matter, to an inspector regarding any matter affecting the health or safety of persons at the factory or workplace or any section thereof for which such Committee has been established; (b) shall discuss any incident at the factory or workplace or section thereof in which or in consequence of which any person was injured, became ill or died, and may in writing report the incident to an inspector; (c) shall keep record of each recommendation made to an employer in terms of subsection (1)(a) and of any report made to an inspector in terms of subsection (1) (b); and (d) shall perform such other functions as may be prescribed. (2) An employer shall take the prescribed steps to ensure that, a Committee complies with the provisions of this Act in the performance of the duties assigned to it under this Act. PART III REGISTRATION OF FACTORIES OR WORKPLACES 15. There shall be a register of factories and workplaces in which the Chief Inspector shall enter such particular in relation  to every factory and workplace as he may consider necessary for the purpose of this Act. 16.–(1) A person being the owner or occupier of a factory or work place shall, before operating, be required to register such factory or workplace under this Act. Functions of Health and Safety Committees Register of factories and workplaces Registration of factories and workplaces ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 235 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (2) Before a person occupies or uses as a factory or workplace any premises, which were not so occupied or used by him at the commencement of this Act, that person shall apply for the registration of the premises. 17.–(1) Subject to the provisions of section 16, such person shall send to the Chief Inspector a written application containing the particulars set out in the First Schedule together with the prescribed registration fees. (2) Where the Chief Inspector is satisfied that the premises are suitable for use as a factory or workplace he shall register the premises and shall issue to the applicant a certificate of registration in the form set out in the Second Schedule. (3) The compliance licence in the form set out in the Third Schedule shall be issued to the occupier of a factory or workplace every twelve months, within seven days upon fulfilling occupational health and safety requirements and on payment of the prescribed compliance licence fee. (4) Notwithstanding subsection (3), the requirement for payment of the prescribed compliance licence fees shall not apply to private schools. (5) The Minister shall upon consultation with the Minister for Finance, prescribe fees for registration and for compliance referred to in this section. (6) A person who, occupies or uses as a factory, or workplace any premises, without a certificate of registration or compliance licence, commits an offence and on conviction, shall be liable to a fine of not less than one million shillings, and not more than five million shillings or to imprisonment for a term not exceeding twelve months, or to both, and if the contravention in respect of which a person was so convicted is continued, commits a further offence and on conviction shall be liable to a fine not exceeding one hundred thousand shillings, for each day on which the offence was continued. Procedure for registration Acts Nos. 4 of 2017 s. 40 5 of 2022 s. 91 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 236 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] 18. Every person who, at the commencement of this Act, occupies a factory or workplace shall, within six months of the commencement of this Act, apply for the registration of the factory or workplace by sending to the Chief Inspector an application for renewal made in the prescribed form and shall contain such particulars as may be determined. 19.–(1) The Chief Inspector may after consideration of the application for registration, grant or refuse to issue a certificate of registration or compliance licence to the applicant. (2) Where the Chief Inspector refuses to issue a certificate of registration or compliance license, under subsection (1), he shall state in writing the grounds for the refusal. 20.–(1) Where an occupier closes a registered factory or workplace, he shall inform the Chief Inspector that he has closed the factory or workplace and ceased operation. (2) Where there is a change of occupier or industry, or process, the new occupier shall within a period of one month of the change inform the Chief Inspector in writing of the changes. 21.–(1) Every person who intends to construct a factory or workplace or a building appurtenant to a factory or workplace or to alter or add to any existing factory or workplace building shall, submit drawing in blue prints or white prints of the intended premises to the Chief Inspector for approval. (2) The drawings shall depict, vital sections and elevations, machinery layout plan inscribed in plan showing production process flow, electrical installation, sewage disposal, emergency exits, fire protection plans and adequate sanitary and welfare facilities with respect to the maximum number of intended workers in each shift. (3) On receipt of drawings under subsection (1), the Chief Inspector may- (a) grant approval on payment of the prescribed fee and subject to terms and conditions as he may determine; or (b) refuse to approve the drawings and specify the grounds for refusal. Existing registration Grounds of refusal Notification of closure or change of occupier or industry Submission of factory or workplace drawings ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 237 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] 22.–(1) A person who constructs a factory or workplace or building appurtenant to a factory or workplace after being granted approval, shall be required to call upon the Chief Inspector for subsequent inspections of the construction progress. (2) A person who- (a) constructs a factory or workplace or building appurtenant to a factory or workplace; or (b) install any plant or machinery in an existing building or new building, without the approval of the Chief Inspector commits an offence. 23.–(1) A person who is aggrieved by the decision of the Chief Inspector under the provisions of sections 19 and 21, he may, within thirty days from the date of the decision, send to the Minister and to the Chief Inspector a written notice of his intention to appeal to the Minister and such notice shall state the grounds of the appeal. (2) On receipt of the written notice, the Minister shall appoint a day and place for the hearing of the appeal, and shall notify the parties concerned. (3) The Chief Inspector shall be a party in the appeal and shall be entitled to appear and be heard before the Minister at the hearing of the appeal. (4) The Minister may, on hearing the appeal, confirm, vary or reverse the decision of the Chief Inspector. PART IV SAFETY PROVISIONS 24.–(1) A thorough pre-placement and periodic occupational medical examination for fitness for employment and for employees shall be carried out by a qualified occupational health physician or where necessary a qualified medical practitioner as may be authorised by the Chief Inspector. Construction after approval Appeal to Minister Medical examination ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 238 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (2) There shall be an exit medical examination carried out by a qualified occupational health physician. (3) In carrying out medical examination under this section, a prescribed fee and all other related expenses shall be borne by the employer. (4) Any occupational health physician carrying out medical examination and the employer shall maintain the confidentiality of the results of the medical examination. 25. The employer in the factory or workplace shall have the duty to ensure that- (a) every flywheel directly connected to a prime-mover and every moving part of a prime-mover, other than the prime-mover mentioned in paragraph (b), is securely fenced; (b) every head and tailrace of water wheels, turbines and every part of electric generators, motor or rotary converter, flywheels or transmission machinery are securely fenced unless they are safe by position or construction. 26.–(1) Every dangerous part of all other machinery other than those specified under section 25 shall be securely fenced unless they are safe by position or construction: Provided that, in so far as the safety of a dangerous part of any machinery cannot by reason of the nature of the operation performed be securely fenced by means of a fixed guard. (2) The requirement of subsection (1) shall be deemed to have been complied with if a device is provided which in the opinion of the Chief Inspector satisfactorily protects the operator from coming into contact with that part. (3) Other parts which shall be securely fenced when they are being processed in lathe or other similar machine, include- (a) stock bar projecting beyond the head stock; and (b) tube stock in similar circumstance or when being threaded in a screwing. Duty to fence prime moves and transmission machinery Other machinery ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 239 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] 27.–(1) Efficient devices or appliances shall be provided and maintained in every work place by which power can promptly be cut off from the transmission machinery. (2) Every machine driven by mechanical power shall be provided with a starting and stopping device, the control of which shall be conveniently situated to the person operating the machine. (3) Driving belts when not in use shall be allowed to rest or ride on a revolving shaft, which form part of the transmission machinery. (4) Suitable striking gear or other efficient mechanical appliances shall be provided and maintained and be used to move driving belts to and from fast and loose pulleys which form part of the transmission machinery, and any such gear or appliances shall be so constructed, placed and maintained so as to prevent the driving-belt from creeping back on the fast pulley. 28.–(1) In determining whether any part of a machinery is safe by position or by construction to persons employed in the premises- (a) account shall not be taken of any person carrying out, while part of the machinery is in motion, an examination or lubrication or adjustment shown by examination to be immediately necessary and being an examination lubrication or adjustment which it is necessary to carry out while the part of the machinery is in motion; or (b) no account shall be taken of any person carrying out any lubrication or mounting or shipping of belts any part of transmission machinery used in any process being a process where owing to its continuous nature, the stopping of that part would seriously interfere with the carrying on of the process. (2) The provision of subsection (1) shall apply where examination, lubrication or other operation is carried out by an adult person approved by the management of a factory Safety devices Provision as to unfenced machinery ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 240 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] or workplace who has received adequate training and has been provided with a close fitting overall having no external pockets. (3) A person shall not be appointed as a machinery attendant unless he has been sufficiently trained in the work entailed and is fully aware of the dangers involved in the operations. (4) Where any operations under this section are being carried out, another person shall assist the operator and shall ensure that all equipment and other fixtures used are securely fixed in position so as to prevent them from slipping. 29. Every fencing or safety guard shall be of substantial construction, properly maintained and kept in position while the parts required to be fenced or safeguarded are in motion or in use, except when any such part are necessarily exposed for examination, lubrication or adjustment which are immediately necessary and all the conditions specified in section 28 are complied with. 30. A person shall not clean any part of a prime-mover, transmission machinery or any dangerous part of any machinery while in motion, where the cleaning would exposé the person to a risk of injury from any moving part of that machine or an adjacent machine. 31.–(1) In the case of any machine in a factory intended to be driven by mechanical power- (a) every set-screw, bolt or key on any revolving shaft, spindle wheel, or pinion, shall be so sunk, encased or otherwise effectively guarded to prevent danger; (b) all spur and other toothed friction gearing, which does not require frequent adjustment while in motion shall be encased, unless it is safe by position or construction. (2) A person who sells or lets on hire for use in a factory any machine to be driven by mechanical power which does not comply with the requirements of subsection (1), commits an offence and on conviction shall be liable to a fine not exceeding two million shillings. Construction and maintenance of fencing Cleaning of machinery Construction and disposal of new machinery ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 241 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] 32.–(1) Every fixed vessel, sump or pit of which the edge is level with less than one meter above the adjoining ground or platform shall, if it contains any scalding, corrosive or poisonous liquids, either be securely covered or fenced to at least that height or where by reason of the nature of the work neither secure covering nor secure fencing to that height is practicable, all practicable measures shall be taken to prevent any person from falling into the vessel, sump or pit. (2) A warning notice indicating danger in respect of the plant mentioned in subsection (1) shall be marked on or attached to the plant or otherwise posted close by. 33.–(1) No traversing part of a self-acting machine and no material carried in there shall, if the space on which it runs is a space over which persons are liable to pass, whether in the course of their employment or otherwise, be allowed on their inward or outward traverse to run within one metre from any fixed structure not being part of the machine. (2) All practicable measures shall be taken by an or otherwise to the person in charge of the machine to ensure that no person employed shall be in the space between any traversing part of a self-acting machine and any fixed part of the machine towards which the traversing part moves on the inward run, except when the machine is stopped with the traversing part on the outward run. 34.–(1) A person shall not be employed at any machine or at any process, being a machine or process liable to cause bodily injury or injury to health, unless he has been fully instructed as to the dangers likely to arise in connection with the process or machine and- (a) has received sufficient training in the operation of the machine or in the process; or (b) is under adequate supervision by a person who has a thorough knowledge and experience of the machine or process. Vessel containing dangerous liquids Self-acting machine Training, supervision and research ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 242 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (2) It shall be the responsibility of the employer upon consultation with the Chief Inspector to ensure that- (a) all exposed workers are instructed on the hazards prevailing in their workplace; (b) safety measures are taken to avoid injury; and (c) training is provided at least once in every two years. (3) The Chief Inspector shall, subject to the general direction  of the Minister undertake or promote studies and research to identify hazards in the working environment and develop innovative ways of dealing with occupational safety and health problems. (4) The results of the studies or research carried out under subsection (3) shall be made public and be used for promoting occupational safety and health. 35.–(1) Every hoist or lift shall be of sound mechanical construction, good material and adequate strength and shall be properly maintained. (2) Every hoist or lift shall be thoroughly examined at least once in every period of six months by a person authorised by the Chief Inspector by a certificate in writing and a report of the result of every examination shall be made on a prescribed form containing prescribed particulars signed by the authorised plant inspector and within fourteen days shall be entered in or attached to the register. (3) Every hoist way or lift way shall be efficiently protected by a substantial enclosure fitted with gates, so as to prevent any person falling down or coming into contact with any moving part of the hoist or lift when the cages are shut. (4) The cage of a hoist or lift shall be lifted with efficient interlocking or other devices to ensure that the cage cannot be opened except when the cage or platform is at the landing and that the cage or platform cannot be moved away from the landing until the cage is closed. (5) Every hoist or lift and every enclosure shall be so constructed as to prevent part of any person or any goods carried in the hoist or lift being trapped between any part Hoists and lifts ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 243 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] of the hoist or lift and any fixed structure or between the counter-balance weight and any other moving part of the hoist or lift. 36.–(1) There shall be marked conspicuously on every hoist or lift the maximum working load which it can safely carry, and no load greater than safe working load shall be carried on any hoist or lift. (2) A person owning a hoist or lift used for carrying person whether with goods or otherwise shall comply with the requirements, that- (a) provision and maintenance of efficient automatic devices to prevent over running of the cage or platform; (b) every cage is on each side from which access is afforded to a landing be lifted with a gate and every such gate shall be provided with efficient devices to secure it, when persons or goods are in the cage, the cage cannot be raised or lowered unless the gate is closed and will come to rest when the gate is opened; (c) in the case of a hoist or lift constructed or reconstructed after the passing of this Act, where the platform or cage is suspended by rope or chain, there shall be at least two ropes or chains separately connected with the cage or platform; and each chain or rope and its attachment shall be capable of carrying the whole weight of the platform or cage and its maximum working load; and (d) provision and maintenance of efficient devices which will support the platform or cage with its maximum working load in the event of the breakage of the rope or chains or any of their attachments. (3) The provisions of subsection (2) shall not apply where a hoist or lift is not operated by mechanical power. (4) Every hoist way or lift way inside a building constructed after the coming into operation of this Act, and which passes through two or more floors shall be completely enclosed with fire fighting resisting material and all means of access to the hoist or lift shall be fitted with fire resisting doors. Maximum load of hoist or lift ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 244 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (5) For the purpose of this section, no lifting machine or appliance shall be deemed to be a hoist or lift unless it has a platform or cage and its direction of movement is restricted by a guide. 37.–(1) Chain, ropes and any other lifting tackle, shall not be used unless it is of good construction, of sound and suitable material, adequate strength for the work intended to do, free from patent defect and shall be properly maintained. (2) A table showing the safe working loads of every kind and size of chain, rope or any other lifting tackle in use, and, in the case of a multiple sling, the safe working load at different angles of the legs, shall be posted in the store in which the gear is kept, or in other prominent position. (3) No chain, rope or any other lifting tackle not shown in the table mentioned under subsection (2) shall be used. (4) The provisions of subsections (1), (2) and (3) shall not apply in relation to any lifting gear if the safe working load or in the case of multiple slings the safe working load at different angles of the legs is plainly marked on it. 38.–(1) All chains, ropes and other lifting tackle in use shall be thoroughly examined by an authorised plant inspector at least once in every period of six months or at such greater intervals as the Chief Inspector may authorise. (2) The report of the result of every examination shall- (a) be made on the prescribed form, and contain the prescribed particulars including particulars of the safe working load; (b) be entered in or attached to the register within fourteen days of the completion of the examination; and (c) be signed by the authorised plant inspector. (3) No chain, rope or any other lifting gear, except a fibre rope or fibre rope sling, shall be taken into use in any place where this Act applies for the first time in that place unless it has been tested and thoroughly examined by authorised Chain, ropes and lifting tackles Examination of chains, ropes and lifting tackles ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 245 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] plant inspector and a certificate of that test and examination specifying the safe working load and signed by the inspector, has been obtained and is available for inspection. (4) Every chain and any other lifting tackle except a rope sling shall be annealed at least once in every twelve months, or in the case of chains or slings of 12mm or smaller, or chains used in connection with molten metal or molten slag, once in every six months, unless it is of a class of description exempted by the Chief Inspector on the ground that it is of such material or so constructed that it cannot be subjected to heat treatment without risk of damage. (5) No chain, rope or lifting tackle of any type and description shall be loaded beyond the safe-working load shown under section 40(2) except by authorised plant inspector for the purpose of testing. 39.–(1) A person shall not use a crane or any other lifting machine unless- (a) all working parts of the gear whether fixed or movable including the anchoring or fixing appliances of every lifting machine, is of good mechanical construction, sound material and adequate strength for the work it is required to do; (b) the crane or lifting machine has been properly maintained, tested and thoroughly examined by the manufacturers or by an authorised plant inspector in respect of a new lifting machine and thereafter periodically tested and examined by an authorised plant inspector and a certificate or report in prescribed forms of such tests and examinations specifying the safe working loads and signed by the manufacturers or by the authorised plant inspector has been obtained and kept available for inspection. (2) All parts of the crane or any other lifting machine shall be thoroughly examined at least once in every period of twelve months by an authorised plant inspector. Cranes and other lifting machines ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 246 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (3) All rails on which a travelling crane moves and every track on which a carriage of a transport runway moves, shall be of proper size and adequate strength and shall have an even running surface and those rails or track shall be properly laid, adequately supported or suspended, and properly maintained. 40.–(1) There shall be plainly marked on every lifting machine the safe working load or loads thereof, except that in the case of a jib crane so constructed that the safe working load may be varied by the raising or lowering of the jib, there shall be attached thereto either an automatic indicator of safe working loads or a table indicating the safe working loads at corresponding inclinations of the jib or corresponding radii of the load. (2) A person shall not load a crane or other lifting machine beyond the safe working load as marked or indicated under subsection (1), except for the purpose of a test. (3) Where any person is employed or working at or near the wheel track of an overhead travelling crane in any place where he would be liable to be struck by the crane, effective measures shall be taken to ensure that the crane does not approach within six meters from the place where the person is working or employed. (4) No lifting machine shall be operated except by a trained and competent person, except that it shall be permissible for that machine to be operated by a person who is under the direct supervision of a qualified person for the purpose of training. (5) A person under eighteen years of age shall not be employed to operate any lifting machine driven by mechanical power or to give signals to the operator of any such machine. 41. A register, containing the particulars set out in the Fourth Schedule, shall be kept in every factory or workplace with respect to all chains, ropes or any other lifting tackle, except fibre rope slings, to which sections 35, 37 and 39 apply, and with respect to all lifting machines to which section 40 applies. Maximum working load Register of chains, ropes other lift tackles, cranes and other lifting machines ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 247 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] 42.–(1) The owner of hoist or lift, cranes and other lifting machines, chains, ropes and other lifting tackles shall within thirty days before the next examination of the lifting machines and lifting tackles notify the Chief Inspector of the plants due for inspection. (2) The Chief Inspector shall upon payment of prescribed fee, instruct the authorised plant inspector to carry out the examination and tests, as may be required. (3) The owner of a hoist or lift, cranes and other lifting machines, chains, ropes and other lifting tackles shall after major maintenance or alterations notify the Chief Inspector for the examination of the same before operation or being used again. 43.–(1) The owner or occupier of the factory or workplace shall have the duty to ensure that- (a) all floors, steps, stairs, ladders, covers and gangways are constructed of sound material and properly maintained; (b) all openings in floors are be securely fenced, or when not in use shall be kept covered; (c) there are maintained and safe means of access to every place at which any person has at any time to work; (d) a handrail is provided- (i) for every staircase in a structure affording a means of exit from, if the staircase has an open side; or (ii) for every staircase having two open sides and shall be maintained on both sides; (e) sufficient clear and unobstructed space shall be maintained at every machine or plant while in motion to enable the work to be carried out without unnecessary risk; and (f) every teagle opening or similar doorway used for hoisting or lowering goods or materials, are securely fenced, and are provided with a secure hand-hold on each side of the opening or doorway. Reporting on plants due for inspection Safe means of access and safe working place ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 248 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (2) Where any person is to work at a place from which he is liable to fall at a distance of more than three meters, unless the place is one which affords secure foothold and, where necessary, secure hand-hold means shall be provided so far as is reasonable practicable by fencing or otherwise for ensuring safety of any such person. (3) Fencing shall be properly maintained and shall be kept in position except where the hoisting or lowering of goods or material is being carried on at the opening or doorway. 44.–(1) Where work has to be done inside any chamber, tank, vat, pit or other confined space, in which dangerous fumes are liable to be present- (a) the confined space shall be provided with adequate means of ingress for persons entering or working therein; and (b) no person shall enter the confined space for any purpose unless the following requirements are complied with- (i) all practicable steps shall be taken to remove any fumes which may be present and to prevent any ingress of fumes and, unless it has been ascertained by a suitable test that the space is free from dangerous fumes, the person entering shall wear a belt to which there is securely attached a rope of which the free end is held by a person outside; or (ii) the person entering wears a suitable breathing apparatus; (c) suitable breathing apparatus and a suitable reviving apparatus and suitable belts and ropes shall be provided and maintained so as to be readily accessible; and (d) a sufficient number of the persons employed in the factory shall be trained and practiced in the use of such apparatus and in the method of restoring respiration. Precaution where dangerous fumes are liable to be present ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 249 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (2) Without prejudice to the requirements in subsection (1), a person shall not enter or remain in any tank, chamber, vat, pipeline, or any similar confined space for any purpose unless- (a) it has been sufficiently cooled by ventilation or is made safe to work in; (b) the person ensured of a supply of air adequate for respiration and to render harmless any dangerous fumes; or (c) he is wearing a suitable breathing apparatus. 45.–(1) Where, in connection with any grinding, grading, sieving or similar process giving rise to dust, gas or vapour which is liable to explode on ignition, the owner of the factory or workplace shall take all practicable measures to ensure- (a) the prevention of explosion by enclosure of the plant or process; (b) the removal or prevention of the accumulation of dust, gas or vapour; and (c) the exclusion or effective enclosure of all possible sources of ignition. (2) Where there is dust, gas or vapour in any plant or process which is liable to explode on ignition, all practicable measures shall be taken to restrict the spread and effects of such explosion by the provision of chokes, baffles and vents, or other effective measures, unless the plant is constructed to withstand the pressure likely to be generated by an explosion. (3) No plant, tank, or vessel which contains or has contained any explosive or inflammable substance be subject to any operation which involves the application of heat, unless all practicable measures have been taken to remove the substance and any fumes arising or to render them non-explosive or non-inflammable. (4) Where any tank, plant or vessel has been subjected to any operation, no explosive or inflammable substance shall be allowed to enter the plant, tank or vessel until the metal has cooled sufficiently to prevent any risk of igniting the substance. Precautions in respect to explosive or inflammable dust, gas vapor or substance ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 250 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (5) Subject to the provisions of subsection (3), if any person is required to work or enter any plant, tank or vessel which has any explosive or inflammable substance, a permit to work shall be provided and signed by the employer that the tank, plant or vessel is safe to enter or work in it. (6) Any employer who fails to comply with the provisions of subsection (5), commits an offence and on conviction shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years or to both. 46.–(1) Every steam boiler and all its fittings and attachments shall be of good construction, sound material, adequate strength and free from patent defect and shall be properly maintained. (2) Every steam boiler shall have fitted to it- (a) a suitable safety valve, separate from and incapable of being isolated by any stop-valve which shall be so adjusted to prevent the boiler being worked at a pressure greater than the maximum permissible working pressure and shall be fixed directly to, or as close as practicable to, the boiler; (b) an efficient stop-valve connecting the boiler to the steam pipe; (c) an accurate steam pressure gauge connected to the stream space and readily visible to the boiler attendant, which shall indicate the steam pressure in the boiler in pounds per square inch or kilogram per square centimetre or in bar, and have marked on it, in a distinctive colour the maximum permissible working pressure of the boiler; (d) one or two water gauges of transparent material or other type approved by the Chief Inspector to show the water level in the boiler, and, if the gauge is of a glass tubular type and the working pressure in the boiler exceeds forty pounds per square inch or three kilograms per square centimeter, the gauge shall be provided with an efficient guard which shall not obstruct the reading of the gauge; Steam boilers ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 251 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (e) where there is more than one boiler installed, a plate bearing a distinctive number shall be affixed to each boiler; (f) a means of attaching a test pressure gauge; and (g) an efficient fusible plug and suitable means of giving low and higher water alarm: Provided that, paragraph (b) shall not apply in respect of economisers and paragraphs (c), (d), (e), (f) and (g) shall not apply with respect to either economisers or super heaters. (3) For the purpose of subsection (2), a lever valve shall not be deemed an efficient safety valve unless the weight is securely locked on the lever in the correct position. (4) Every steam boiler attendant shall be properly instructed in the use of the boiler plant of which he is in charge and shall pass the boiler attendant test set by the Authority or any other recognised institution. (5) A person shall not enter or be in any steam boiler, which is one of a range of two or more steam boilers unless- (a) all inlets through which steam or hot water might otherwise enter the boiler from any other part of the range are disconnected from that part; and (b) all valves controlling such entry are closed and securely locked and, where the boiler has a blow down pipe in common with one or more other boilers or delivering into a common blow down sump, the blow down valve on each boiler is so constructed that it can only be opened by a key which is used for that set of blow down valves and is the only one in use. (6) No work shall be allowed in any boiler furnace or boiler fuel unless it has been sufficiently cooled by ventilation or otherwise to make the work safe for persons employed there. 47.–(1) Every steam boiler and all its fittings and attachments shall be thoroughly examined by an authorised plant inspector at least once in every period of twelve months and also after an extensive repair: Provided that, the authorised plant inspector may specify in writing a period exceeding twelve months but not exceeding sixteen months within which the next examination is to be made. Examination of steam boiler and fittings ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 252 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (2) Any examination under subsection (1) shall consist of an examination of the boiler when cold and the interior and exterior have been prepared in the prescribed manner, except in the case of an examination of an economiser or superheater, when under normal steam pressure. (3) The examination under steam pressure shall be made as soon as possible after the examination of the boiler when cold and the authorised plant inspector shall see that the safety valve is so adjusted and set to prevent the boiler being worked at a pressure greater than the maximum permissible working pressure. (4) An authorised plant inspector shall within, fourteen days of completion of the examination prepare and sign a report in respect of the result for each examination. (5) The report under subsection (4) shall be made in the prescribed form containing particulars of the maximum permissible working pressure, and such terms and conditions to be observed by the owner of the factory or workplace. (6) No person shall- (a) take into use in any factory for the first time in that factory steam boiler which has been used previously unless it has been examined and reported in accordance with this section; (b) take into use a new steam boiler unless there has been obtained from the authorised plant inspector a certificate specifying the maximum permissible working pressure of the boiler, and stating the nature of the testing which the boiler and fittings have been subjected to. (7) The certificate mentioned under subsection (6) shall be available for inspection, and the boiler shall be so marked to enable it to be identified as the boiler to which the certificate refers. (8) Where the report of an examination under this section specifies conditions for securing the safe working of a steam boiler, the boiler shall not be used except in accordance with those conditions. ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 253 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (9) A person, who requires an examination of a steam boiler shall notify the Chief Inspector who shall instruct the authorised plant inspector to carry out the examination and the necessary tests upon payment of prescribed fee. 48.–(1) Every steam receiver and all its fittings shall be of good construction, sound material, adequate strength, free from patent defect, and shall be properly maintained. (2) Every steam receiver, not so constructed and maintained as to withstand safety, with the maximum permissible working pressure of the boiler or the maximum pressure which can be obtained, in the pipe connecting the receiver with any source of supply shall be fitted with- (a) an efficient reducing valve or other suitable automatic device to prevent the safe working pressure of the receiver being exceeded; (b) an efficient safety valve so adjusted as to permit the steam to escape as soon as the safe working pressure is exceeded; (c) a device for cutting off automatically the supply of steam as soon as the safe working pressure is exceeded; (d) an efficient steam pressure gauge, which shall accurately indicate the steam pressure in the receiver in pounds per square inch or kilograms per square centimeter or bar; (e) an efficient stop-valve; and (f) where more than one steam receiver is in use in a place bearing a distinctive number from which it can be recognised, the safety valve and steam pressure gauge either on the steam receiver or on the supply pipe between the receiver and the reducing valve or other efficient appliance to prevent the safe working pressure being exceeded. Steam receivers and steam containers ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 254 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (3) For the purpose of the provisions of subsection (2)- (a) other than paragraph (f) any set of receivers supplied with steam through a single feed pipe and forming part of a single machine may be treated as one receiver; or (b) other than paragraph (e) and (f) any other set of receivers supplied with steam receiver a single feed pipe, may be treated as one receiver. (4) The provisions of subsection (3) shall not apply to any such set of receivers unless the reducing valve or other appliance to prevent the safe working pressure being exceeded is fitted on the single feed pipe. (5) Every steam receiver and all its fittings shall be thoroughly examined by an authorised plant inspector at least once in every period of twelve months so far as the construction of the receiver permits. (6) The report of the result of every examination shall be- (a) made in a prescribed form containing the prescribed particulars, including particulars of the safe working pressure; (b) entered in or attached to the register; and (c) signed by the authorised plant inspector. (7) No steam receiver which has previously been used shall be taken into use for the first time in a factory or workplace unless it has been examined and reported in accordance with subsections (5) and (6). (8) No new steam receivers shall be taken into use unless- (a) there has been obtained from the manufacturer of the receiver or from the authorised plant inspector a certificate specifying the safe working pressure and stating the nature of the tests to which the receiver and its fittings have been subjected to; and (b) the receiver is so marked to enable it to be identified as the receiver to which the certificate refers. (9) Any person who, requires an examination of a steam receiver and the certificate referred to in subsection (8) from an authorised plant inspector shall notify the Chief Inspector and ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 255 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] on payment by him of the prescribed fee, the Chief Inspector shall instruct the authorised plant inspector to carry out the examination and necessary tests. (10) Every steam container shall be properly maintained so as to ensure that the outlet is at all times kept open and free from obstruction. 49.–(1) Every air receiver shall- (a) have distinctly marked on it the safe working pressure; (b) in the case of a receiver connected with an air compressor, either be so constructed as to withstand safety with the maximum pressure which can be obtained in the compressor, or be lifted with an efficient reducing valve or other efficient device to prevent the safe working pressure of the receiver being exceeded; (c) be fitted with an efficient safety valve adjusted to allow air to escape as soon as safe working pressure is exceeded; (d) be fitted with an accurate pressure gauge indicating the pressure in the receiver in pound per square inch or kilogram per square centimeter; (e) be provided with a suitable manhole, handhole, or other means, which will allow the interior to be thoroughly cleaned; and (f) where more than one receiver is in use in the factory or workplace bear a distinctive number by which it can be recognised. (2) For the purpose of the provisions of subsection (1) relating to safety valves and pressure gauges, any set of air receivers supplied with air through a single feed pipe may be treated as one receiver: Provided that, in a case where an efficient reducing valve or other suitable device to prevent the safe working pressure being exceeded is required to be fitted this subsection shall not apply unless the valve or appliance is fitted, on the single feed pipe. Air receivers ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 256 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (3) Every air receiver and its fittings shall- (a) be of good mechanical construction and be properly maintained; and (b) be thoroughly cleaned internally and examined at least once in every period of twelve months. (4) In the case of a receiver of solid drawn construction- (a) the authorised plant inspector may specify in writing a period exceeding twelve months but not exceeding twenty-four months within which the next examination has to be made; or (b) if it is so constructed that the internal surface cannot be thoroughly examined, an efficient hydraulic test of the receiver shall be carried out in lieu of the internal examination. (5) Every such examination and test shall be carried out by the authorised plant inspector and the report of the result of every such examination and test shall be- (a) made in the prescribed form containing the prescribed particulars, including particulars of the safe working pressure; (b) entered in or attached to the register; and (c) signed by the authorised plant inspector. (6) Any occupier of a factory or workplace who requires an examination of an air receiver to be carried out by an approved plant inspector, shall notify the Chief Inspector who shall instruct the authorised plant inspector to carry out the examination upon payment of prescribed fee. (7) The provisions of this section shall apply to any air receiver forming part of a machine plant or equipment on a ship or on a locomotive or other rolling stock used on any railway. 50.–(1) The employer shall have the duty to ensure that- (a) factories or workplaces are provided and maintained in an accessible position, and there is a supply of fire extinguishing equipment which shall be adequate and suitable having regard to the fire risk involved; Prevention of fire ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 257 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (b) all stocks of inflammable materials shall be kept in either a fire resistant store or in a safe place outside any building; (c) that the store not placed as to endanger the means of escape from the place of work or any part thereof in an event of a fire occurring in the store; (d) adequate means of escape in case of fire for the persons employed therein having regard to the fire risk involved in each case and all means of escape shall be properly maintained and kept free from obstruction; (e) the contents of every room in which persons are employed shall be so placed or disposed that there is a free passage-way for all persons employed in the room to the means of escape; (f) while a person is within a factory or workplace for the purpose of employment or for meals, the doors of the  factory or workplace, and any room therein which  the person is employed, and any doors which afford a means of exit from any building or from any enclosure in which the factory or workplace is situated, is not locked or fastened in such a manner that they cannot be easily or immediately opened from the inside; (g) in the case of any building constructed or converted for use as a factory or workplace, after the coming into operation of this Act, all doors affording means of exit from the factory or workplace, except in the case of sliding doors is constructed to open outward; (h) every hoist way or lift way inside a building constructed after the coming into operation of this Act is completely enclosed with fire resisting materials, and all means of access to the hoist or lift shall be fitted with doors constructed of fire resisting materials: Provided that, any hoist way or lift way shall be enclosed at the top only by some material easily broken by fire or be provided with a vent at the top; ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 258 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (i) every window, door or other exit affording means of escape in case of fire or giving access thereto except the means of exit in ordinary use, is distinctively marked by a notice printed in red letters on a white background and all notices are in such form and in English and Kiswahili and any other language as the inspector may direct; (j) ensure that all persons employed are familiar with the means of escape, and the routine to be followed in case of fire; (k) in any factory where more than twenty workers are employed in the same building and explosive or inflammable materials are stored or processed, effective measures are made for giving morning drills in case of fire. (2) Where more than twenty persons are employed in a factory or workplace in which explosives or inflammable material are stored or processed, the occupier shall inform the Chief Inspector for purposes of carrying out a survey of the means of escape provided. (3) The Chief Inspector shall have the duty to ensure that every factory or work places inspected annually to ascertain whether there is, or has been any contravention of any of the provisions of fire safety measures as provided for under this section. 51.–(1) Where an employer- (a) performs any act; (b) requires or permits an act to be performed; or (c) proposes to perform an act or require an act to be performed, which in the opinion of an inspector threatens or is likely to threaten the health or safety of any person, the inspector may in writing prohibit that employer in a prescribed form set out in the Eighth Schedule from continuing or commencing with the performance or proposal of that act. Powers of inspectors to make orders ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 259 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (2) Where a user of a plant or machinery uses or proposes to use any plant or machinery, in a manner or in circumstances which in the opinion of an inspector threatens or is likely to threaten the health or safety of any person within the vicinity thereof, the inspector may in writing prohibit that user from continuing or commencing with the use of that plant or machinery in that manner or circumstances. (3) An inspector may in writing prohibit an employer from requiring or permitting an employee or any employee belonging to a category of employees specified in the prohibition to be exposed in the course of his employment for a longer period than the period specified in the prohibition, to any article, substance, organism or condition which in the opinion of an inspector threatens or is likely to threaten the health or safety of that employee or the employee belonging to that specified category of employees, as the case may be. (4) The prohibition imposed under subsection (1), (2) and (3) may at any time be revoked in writing by an inspector if arrangements to the satisfaction of the inspector have been made to dispose of the threat which gave rise to the imposition of the prohibition. (5) In order to enforce a prohibition imposed under subsection (1) or (2), an inspector may block, bar, barricade or fence off that part of the factory or workplace, plant or machinery to which the prohibition applies, and no person shall interfere with or remove the blocking, bar, barricade or fence. (6) Where an inspector is of the opinion that, the health or safety of any person at a workplace or factory or in the course of his employment or in connection with the use of plant or machinery is threatened on account of the refusal or failure of an employer or a user, as the case may be, to take reasonable steps in the interest of that person’s health or safety, the inspector may in writing direct that employer or user to take such steps as are specified in the direction within a specified period by serving him with an improvement notice in a prescribed form as set out in the Seventh Schedule. ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 260 THE OCCUPATIONAL HEALTH AND SAFETY ACT� [CAP. 297 R.E. 2023] (7) Where an inspector is of the opinion that, an employer or user has failed to comply with any provision of a regulation or order applicable to him, the inspector may in writing direct that employer or user to take within a period specified in the direction such steps in the inspector’s opinion are necessary to comply with that provision, and are specified in the direction given in the improvement notice. (8) A period contemplated in subsection (6) or (7) may at any time be extended by an inspector to the attention of the health and safety representatives and employees concerned. (9) An employer shall forthwith bring the contents of a prohibition, direction or notice under this section to the attention of the health and safety representatives and employees concerned. (10) In the event of a contravention of an improvement notice or a prohibition notice in relation to a factory or served on the occupier by an inspector under subsection (1) or (2), the occupier or owner of the factory or workplace commits an offence and on conviction, shall be liable to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding six months, or to both. (11) Where the contravention under subsection (10) is continued, the occupier or owner of the factory or workplace commits a further offence and on conviction, shall be liable to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding three months or to both, for each day on which the offence continues. (12) An occupier or owner of an industrial premises aggrieved by notice served under subsection (1) or (2) m