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THE UNITED REPUBLIC OF TANZANIA

NATIONAL AUDIT OFFICE

A PERFORMANCE AUDIT REPORT ON THE MANAGEMENT OF OCCUPATIONAL


HEALTH AND SAFETY IN TANZANIA

THE MINISTRY OF LABOUR AND EMPLOYMENT AND THE


OCCUPATIONAL SAFETY AND HEALTH AUTHORITY

A Safe and Healthy Workplace is a Wealthy Workplace


A REPORT OF THE CONTROLLER AND AUDITOR GENERAL OF THE UNITED
REPUBLIC OF TANZANIA
January 2013
THE UNITED REPUBLIC OF TANZANIA
NATIONAL AUDIT OFFICE

A PERFORMANCE AUDIT REPORT ON THE MANAGEMENT OF OCCUPATIONAL


HEALTH AND SAFETY IN TANZANIA

THE MINISTRY OF LABOUR AND EMPLOYMENT AND THE OCCUPATIONAL


SAFETY AND HEALTH AUTHORITY

A Safe and Healthy Workplace is a Wealthy Workplace

A REPORT OF THE CONTROLLER AND AUDITOR GENERAL OF THE UNITED


REPUBLIC OF TANZANIA

JANUARY 2013

i
THE UNITED REPUBLIC OF TANZANIA
NATIONAL AUDIT OFFICE

Vision
To be a centre of excellence in public sector auditing

Mission
To provide efficient audit services, in order to enhance accountability and
value for money in the collection and usage of public resources

Core Values
In providing quality services, NAO shall be guided by the following Core
Values:

Objectivity
To be an impartial entity, which offers services to our clients in an unbiased
manner

We aim to have our own resources in order to maintain our independence and
fair status

Excellence
We are striving to produce high quality audit services based on best practices

Integrity
To be a corrupt free organization that will observe and maintain high
standards of ethical behaviour and the rule of law

Peoples Focus
We focus on our stakeholders needs by building a culture of good customer
care, and having a competent and motivated workforce

Innovation
To be a creative organization that constantly promotes a culture of
developing and accepting new ideas from inside and outside the organization

Best Resource Utilization


To be an organization that values and uses public resources entrusted to us in
an efficient, economic and effective manner

ii
TABLE OF CONTENTS

Preface.................................................................................. vii
Abbreviations and Acronyms...........................................................ix
Executive Summary .....................................................................x

CHAPTER ONE
INTRODUCTION
1.1 Background .......................................................................1
1.2 Audit objective ...................................................................3
1.3 Audit scope, methods and limitations ........................................4
1.4 Audit standards used ............................................................7
1.5 Assessment criteria ..............................................................7
1.6 Structure of the audit report...................................................9

CHAPTER TWO
SYSTEM FOR MANAGING OHS ACTIVITIES IN TANZANIA
2.1 Introduction.....................................................................10
2.2 Legislation concerning OHS .................................................10
2.3 Key stakeholders on OHS management .....................................11
2.4 Institutions with linkages to various aspects of OHS......................18
2.5 Registration process of workplaces..........................................20
2.6 OHS inspections.................................................................21
2.7 OHS training.....................................................................22
2.8 Resources mobilization and financing of OSHAs operations..............23
2.9 Monitoring and evaluation of OSHA performance...........................23

CHAPTER THREE
MANAGEMENT OF WORKPLACE REGISTRATION AND OHS INSPECTION
3.1 Introduction.....................................................................24
3.2 Registration of workplaces....................................................24
3.3 OHS inspection..................................................................27
3.4 OHS committees................................................................39
3.5 OHS training.....................................................................43

CHAPTER FOUR
MANAGEMENT OF RESOURCES FOR OHS ACTIVITIES
4.1 Introduction......................................................................45
4.2 Resource mobilisation..........................................................45
4.3 Resource allocation.............................................................49

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CHAPTER FIVE
MONITORING AND EVALUATION OF OHS ACTIVITIES IN TANZANIA
5.1 Introduction....................................................................53
5.2 Monitoring of OHS activities.................................................53
5.3 Evaluation of OHS activities.................................................55

CHAPTER SIX
CONCLUSIONS
6.1 Registration of workplaces...................................................57
6.2 OHS inspections................................................................58
6.3 OHS committees...............................................................61
6.4 OHS training....................................................................62
6.5 Revenue mobilisation and allocation.......................................63
6.6 Monitoring and evaluation...................................................63

CHAPTER SEVEN
RECOMMENDATION

7.1 Registration of workplaces..................................................67


7.2 OHS inspection.................................................................67
7.3 OHS committees...............................................................68
7.4 OHS training....................................................................68
7.5 Accident reporting............................................................68
7.6 Database for OHS issues......................................................69
7.7 Management of resources for OHS issues..................................69
7.8 Monitoring and Evaluation of OHS activities in Tanzania................69

REFERENCES
REFERENCES.............................................................................71

APPENDICES
Appendix One: Audit Questions and Sub Questions...........................75
Appendix Two: Methodology......................................................77
Appendix three: Legislations concerning OHS in Tanzania....................80
Appendix Four: SADC Charter and Protocol on Health........................83
Appendix Five: List of Officials Participated in the Stakeholders
Conference.......................................................85
Appendix Six: Summary of Questionnaires Responses......................87
Appendix Seven: Computations made in the report............................98
Appendix Eight: Tables and calculations made................................101

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LIST OF TABLES AND FIGURES
List of Tables
Main objectives and Targets of OSHA (2010/11
Table 2.1 15
2012/13)
OSHAs Financial Resources (2008/9 2010/11) in
Table 2.2 16
Million Shillings
Number of staff and vehicles - OSHA (2010/11
Table 2.3 16
2012/13)
Number of registered work places in relation
Table 3.1 24
to the unregistered work places in Tanzania
Table 3.2 OHS inspection plans 28
Table 3.3 Fatality rate by sector 30
Table 3.4 Varied contents of the OHS inspections reports 32
Table 3.5 Categories of workplaces visited in 25 days 33
Analysis of the available against required inspection
Table 3.6 34
tool
Inspectors assessment of key issues in the 15
Table 3.7 35
workplaces
Time taken by employers to report incidents occurred
Table 3.8 38
to OSHA
Availability of OHS Committees and
Table 3.9 40
Representatives in workplaces
Effectiveness of OHS Committees and Representatives
Table 3.10 41
in workplaces
Performance of OHS Committees and
Table 3.11 42
Representatives in workplaces
Table 3.12 Number of trainings conducted in relation to plan 43
Percentage of employees attended training against
Table 3.13 44
potential
Potential fees to be collected at one time when the
Table 4.1 46
workplace is registered
Table 4.2 Potential fees to be collected annually 46
Capital investment of work places declared to
Table 4.3 48
OSHA Northern zone
Comparison of the budget allocated for OHS activities
Table 4.4 50
and the estimated number of existing workplaces
Shows the current number of OSHAs staff and the
Table 4.5 50
required number of staff in 2012
Comparisons of the number of workplaces per
Table 4.6 inspectors, number of workplaces per vehicle and 52
the zonal geographical areas
Comparisons of the number of inspections per
Table 4.7 inspectors and the number of inspection per 52
workplaces in 2012

v
Table 5.1 Frequency of conducted monitoring of OHS Matters 53

List of Figures
System graph for OHS National Services structure
Figure 2.1 and the roles played by different institutions and 12
organizations in Tanzania
Figure 2.2 Inspection Procedures and responsible officials 22

vi
PREFACE

The Public Audit Act No. 11 of 2008, Section 28 authorizes the Controller and
Auditor General to carry out Performance Audit (Value-for-Money Audit) for
the purposes of establishing the economy, efficiency and effectiveness of any
expenditure or use of resources in the Ministries, Independent Departments
and Executive Agencies (MDAs), Local Government Authorities (LGAs) and
Public Authorities and other Bodies which involves enquiring, examining,
investigating and reporting, as deemed necessary under the circumstances.

I have the honour to submit the Performance Audit Report on the Management
of Occupational Health and Safety in Tanzania to His Excellency the President
of the United Republic of Tanzania, Dr. Jakaya Mrisho Kikwete and through him
to the Parliament of the United Republic of Tanzania.

The report contains conclusions and recommendations that have focused


mainly on the registration of work places, management of inspection services,
system for collecting data on occupational diseases and accidents, provision of
Occupational Health and Safety (OHS) trainings and application of sanctions.
The audit has also covered the utilization of resources as well as monitoring
and evaluation of the performance of the Occupational Safety and Health
Authority (OSHA) on ensuring that the Occupational Health and Safety Services
in Tanzania are provided with economy, efficiency and effectiveness.

The management of the Ministry of Labour and Employment (MoLE) and that
of the Occupational Safety and Health Authority (OSHA) have been given the
opportunity to scrutinize the factual contents of the report and come up with
comments on it. I wish to acknowledge that the discussions with the audited
entities have been very useful and constructive in achieving the objectives of
the study.

My office intends to carry out a follow-up at an appropriate time regarding


actions taken by the audited entities in relation to the recommendations in
this report.

The office has also subjected the report for critical review by the following
experts in OHS namely: Professor Emmanuel Mjema from the College of
Engineering and Technology, University of Dar es salaam, Dr. Yahya Kishashu
and Dr. A.V.F. Ngowi from Muhimbili University of Health and Allied Sciences
who came up with useful inputs in improving and enhancing the quality of this
report.

vii
The report was prepared by Mr. Godfrey B. Ngowi and Mr. James I. Nyakia under
the supervision of the Acting Assistant Auditor General - Performance Audit,
Mr. George C. Haule and the Acting Deputy Auditor General Performance and
Specialized Audit, Ms. Wendy W. Massoy. I would like to thank my staff for
their valuable inputs in the preparation of this report. My thanks should also
be extended to the audited entities for their cooperation during the audit and
their fruitful comments on the draft report.

Ludovick S. L. Utouh
Controller and Auditor General
Dar es Salaam,
January 2013

viii
ABBREVIATIONS AND ACRONYMS

BRELA Business Registration and Licensing Agency


CMA Commission for Mediation and Arbitration
CRB Contractors Registration Board
DANIDA Danish International Development Agency
DMD Disaster Management Department
GCLA Government Chemist Laboratory Agency
HQ Headquarters
ILO International Labour Organizations
INTOSAI International Organization of Supreme Audit Institutions
KPIs Key Performance Indicators
LC Labour Court
LGAs Local Government Authorities
M&E Monitoring and Evaluation
MAB Ministerial Advisory Board
MDAs Ministries, Independent Departments and Executive
Agencies
MoHSW - Ministry of Health and Social Welfare
MoLE Ministry of Labour and Employment
MTEF Medium Term Expenditure Framework
NBS National Bureau of Statistics
NOSHC National Occupational Safety and Health Course
OC Other Charges
OHS Occupational Health and Safety
OPRAS Open Performance Review Appraisal System
OSHA Occupational Safety and Health Authority
PE Personal Emoluments
SADC Southern Africa Development Cooperation
SHC Safety and Health Committee
TBS Tanzania Bureau of Standards
TIC Tanzania Investment Centre
TOHS Tanzania Occupational Health Services
TP Training Plan
TPRI Tanzania Pesticide Research Institute
TZS Tanzanian Standards
WHO Word Health Organization
MDAs Ministries, Departments and Agencies

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EXECUTIVE SUMMARY

The percentage of all workers in the world with access to occupational health
services is estimated to range from 10 to 20%. In 2003 and 2004, the numbers
of accidents1 reported in Tanzania mainland were 1,692 and 1,889 respectively
and a total amount of TZS 668.5 million were used to compensate occupational
accident victims.

The Government of Tanzania established the Occupational Safety and Health


Authority (OSHA) under the Ministry of Labour and Employment (MoLE) and
charged it with the responsibility of ensuring safe and healthy working conditions
in all workplaces, by setting and enforcing laws and standards that will be
observed by employers in every workplace. Also the Government established
the Labour Court (LC) which is the Division of the High Court of Tanzania,
the Employment and Labour Relations Act No. 6 of 2004, the Commission for
Mediation and Arbitration (CMA) and the Registrar of Trade Unions.

Despite these initiatives, the occupational safety and health in Tanzania is still
a serious problem and the Tanzanians workers in all social economic sectors
are daily affected.

Based on the above facts in the background, the Controller and Auditor
General decided to conduct a performance audit on the management of
occupational safety and health at workplaces. The purpose of the audit was to
examine whether the OHS-workplaces registration, inspections and resources
available are managed efficiently and effectively. The audit covered planning,
implementation, monitoring and evaluation of OSH inspections and resources
allocation.

The following is the summary of major findings, conclusions, and


recommendations arising from this performance audit:

1 This is according to the statistics from MoLE

x
Workplace registration status

OSHA has managed to register only 6,599 out of estimated 27,500 workplaces in
Tanzania which accounts for 24% of the existing estimated workplaces. There
are no strategies in place to identify unregistered workplaces in the country.
There is no separate plan prepared by OSHA zone offices that shows when and
how the Authority is going to identify unregistered workplaces operating within
their jurisdictions. Workplaces located in the peripheral, rural, suburban areas
and other regions far from OSHA zone offices face a potential risk of not being
registered at all by OSHA. There is no register that shows temporary or closed
workplaces. Many workplaces have operated for quite a period before being
registered and no penalties were imposed on them.
Planning of OHS inspections

The quality of the inspection plans is inadequate. The reviewed inspection


plans were found to lack a number of necessary key elements of good plans such
as specific objectives for the inspections, targets to be achieved, allocation
of resources in terms of who is responsible for what during the inspection
and what kind of inspections tools or devices are needed as well as reporting
mechanisms for monitoring and evaluating of the planned inspections.

Workplaces which are located in remote areas were not adequately inspected.
This is because one of the key issues considered when planning inspection is
the cost to be incurred against the revenue expected to be collected from the
conducted inspection.

Workplaces inspections are not planned according to risk factors. There is no


risk assessment conducted by OSHA to identify workplaces with high risk on the
occurrences of occupational accidents and diseases. There is no documented
risk assessment furnished by employers compiled by OSHA that can be used as a
basis for planning inspections. Hence, inspections are not prioritized based on
workplaces which are more vulnerable and exposed to risk of the occurrences
of occupational accidents and diseases.

Conduct of the OHS inspections in workplaces

Workplaces whose inspections were seen to be costly compared to the expected


revenue to be collected from them were given less priority regardless of how
risky their operations were.

Similarly, it was noted that the Inspection Form Checklist currently in use does
not have details on how inspections should be conducted. This is because the
form has been designed as a checklist to be used when planning inspections.
The reviewed OHS inspection reports were found to differ in content when
they were compared within and between zones which was caused by lack

xi
of standardized reporting format which could have been used as a guide by
inspectors when reporting results of the inspections conducted.

It was also noted that no evaluation has been done to assess the quality of
the inspections conducted in order to establish whether the work met the set
standards and quality desired.

The completed inspection reports are not timely sent to employers as feedback
and are also not used as a basis for taking corrective measures. Feedback on the
inspections conducted is mainly provided verbally on the spot, and therefore,
lacks the documented observations and recommendations for future follow-
ups.

Inspections follow ups to verify whether the recommendations provided to


the remote workplaces employers are rarely conducted due to lack of funds
allocated for financing such follow ups.

Conduct of medical examination to employees

Few employees went through periodical and exit medical examination. Out
of 167 employees in 27 workplaces visited, 66% of the employees have not
undergone periodic medical examinations while only 34% have attended medical
examination within the three years period from 2009/2010 to 2011/2012.

Occupational health and safety committees

Employers are reluctant to form the Occupational Health and Safety


Committees at their workplaces because of the fear that the OHS committee
members /representatives will report accidents and diseases or poor working
environment to OSHA which may result into imposition of sanctions to them.
If these committees could be established and made strong and effective, they
could play vital role in ensuring that OHS situations in workplaces substantially
improves.

Potential and actual revenues

The value of potential registration fees supposed to be collected is TShs. 3.176


billion while the estimated value actually collected by the OSHA frome the
workplaces is registered is TShs. 0.664 billions equivalent to 21%. Similarly,
potential annual fees that can be collected is TShs. 13.156 billion while the
actual amount collected is TShs. 0.92 billions equivalent to 7%. Other income
realized by OSHA raised from accident investigations is TShs. 2.8 million from
Compounding Offences is TShs. 80 millions and risk assessment is TShs. 24
million. This makes the total income collected by OSHA to be TShs. 1,691
millions only.

xii
System for verifying capital investments

The review of the financial records on the fees collected and the interviews
with OSHA officials both at Headquarters and its zone offices revealed that
OSHA does not have a system in place for verifying the capital investments of
the various workplaces registered and inspected. OSHA relies on the figures
(capital investments of different workplaces) given by the employers.

Resources allocated for the OHS activities

The parent ministry, the Ministry of Labour and Employment has not adequately
provided seed-resources to OSHA to enable OSHA to conduct its duties such
as the identification and registration of workplaces, inspection of workplaces,
conducting health and safety audits, monitoring and evaluation of workplace
health and safety hazard.

Monitoring and Evaluation of OHS activities at different levels

It has been noted that the Ministry of Labour and Employment (MoLE) has
not carried out M&E on OHS activities performed by OSHA. The Ministry has
not developed Performance Measures for the OHS activities performed in the
country and it has got no M&E plan.

OSHA has been monitoring the revenue collected in relation to the fees paid on
the Occupational Health and Safety Inspections, and regular reports are sent
to the OSHA Head Office from Zonal Offices. Other key indicators such as level
of compliance by workplaces to OHS legislation, percentage of complaints
on OHS matters and rate of occupational diseases and accidents have been
given little attention. However, there are no systematic means of monitoring
inspections conducted.

Main audit conclusion

Our audit findings lead us to conclude that only few (24%) workplaces are
registered. OSHA lacks specific plans for identifying unregistered workplaces
and registering identified workplaces. Inspections are not efficiently planned
and conducted. Similarly, it was also noted that there is no adequate system
for assuring that quality inspections are conducted. OHS committees and
representatives where they exist do not implement their duties as required.
Training is not properly planned and conducted. MoLE had not performed
the monitoring and evaluation function focusing on OSHAs performance and
inspections conducted.

xiii
Main audit recommendation

Based on the audit findings and conclusions reached the office has come up
with the following recommendations:

Management of Workplace Registration

The Occupational Safety and Health Authority (OSHA) should:


1. Develop a strategy for identifying and registering all unregistered
workplaces in the country
2. Impose sanctions to all workplaces which have not been registered by
OSHA.

Management of Occupational Health and Safety Inspection

The Occupational Safety and Health Authority (OSHA) should ensure that:
1. Planning of OHS inspections is improved by ensuring that each zone
develops its own plans and their implementations are supervised,
coordinated and monitored by the OSHA - HQ.
2. Guidelines on conducting risk based OHS inspections are developed
and put into use by all OHS inspectors;
3. Inspections prioritize workplaces with the highest risks to ensure
effective and efficient use of resources.
4. Guidelines on reporting are prepared and put into use. Such guidelines
should detail the minimum requirements of the OHS inspection reports.
5. Periodical follow-up inspections are carried out in order to assess the
level of implementation of the recommendations previously issued by
OSHA to the inspected workplaces.
6. In collaboration with Tanzania Bureau of Standards (TBS) develop the
OHS standards in the country.

Occupational Health and Safety Training

The Occupational Safety and Health Authority (OSHA) should ensure that:
1. Needs assessments of individual workplace is conducted based on the
OHS inspections in order to identify training needs based on the gaps
identified during the inspections;
2. Strategies for having OHS trainings that are cost-effective are developed
and implemented; and
3. Coordination with all government institutions providing training related
to OHS issues should be enhanced.

xiv
Data Base for OHS Issues

The Occupational Safety and Health Authority (OSHA) should:


Develop a formal written policy and procedures that provides a clear
explanation of the record collection and maintenance of records
regarding employee injuries and illnesses.
Develop a system for producing and using data to direct interventions,
monitor occupational health and safety and identify problems.
Develop a database of the existing OHS committees and representatives
established in workplaces, those trained and untrained; and periodically
evaluate the effectiveness of these committees on improving OHS issues
in their respective workplaces

Management of Resources for OHS Activities

The Occupational Safety and Health Authority (OSHA) should:


1. Develop a system for collecting all potential revenues from registration,
inspections, investigations and sanctioned imposed;
2. Devise a mechanism for verifying capital investments of the registered
workplaces; capital investments are the basis for the fee charged and
they tend to change as the business grows/decline; and
3. Develop a clear model for allocating resources by ensuring that key
resources (human, money, inspection tools and vehicles) are allocated
adequately and all areas with high risks to occupational accidents and
diseases are given a high priority;

The Ministry of Labour and Employment (MoLE) should:

1. Carry-out a thorough analysis of the resources required for the effective


management of occupational health and safety in Tanzania and ensure
that the required resources are mobilized.
2. Develop a strategy for, and commit resources to, the establishment
of occupational health and safety programmes at all workplaces in
Tanzania.

Monitoring and Evaluation of OHS Activities in Tanzania

The Ministry of Labour and Employment (MoLE) should:


1. Periodically monitor and evaluate the performance of OHS activities in
Tanzania performed by OSHA and other stakeholders;
2. Develop M&E plans and execute the plans adequately and ensure that
reports are produced periodically;
3. Develop a set of key performance indicators and measures to assess the
performance of OHS activities in the country as performed by OSHA and
other stakeholders; and

xv
4. Develop systematic and detailed occupational health and safety
programmes at national level.

xvi
CHAPTER ONE

INTRODUCTION

1.1 Background

The percentage of all workers in the world with access to occupational health
services is estimated to range from 10 to 20%. The proportion of workers and
workplaces with access to occupational health services is today diminishing
rather than expanding. This is so despite the efforts made by several
authoritative bodies, including the International Labour Organization (ILO),
the World Health Organization (WHO) and numerous professional and workers
organizations who have, for several decades, emphasized the need for services.

The Government of Tanzania established the Occupational Safety and Health


Authority (OSHA) under the Ministry of Labour and Employment (MoLE)
and charged it with the responsibility of ensuring safe and healthy working
conditions in all workplaces, by setting and enforcing laws and standards that
would be observed by employers in every workplace. OSHA was established
through the Executive Agencies Act, No. 30 of 1997 under the Public Reform
Programme on 1st August, 2001.

As per the Occupational Health and Safety (OHS) Act No. 5 of 2003, OSHA deals
with identification, registration, inspection, monitoring and evaluation of all
OHS issues in Tanzania Mainland and provides training, outreach, education
and assistance to both employers and employees in registered workplaces. The
OHS Act covers employers and their employees directly through OSHA.

It was noted that globalization affects occupational health and safety


in a variety of ways, some of which are positive and others are negative.
A strong safety and health culture in all enterprises is a key step towards
preventing occupational accidents and diseases, and tackling related effects
of globalization.

There are large inequalities in the distribution of work-related morbidity


and mortality across countries. Globalization has exacerbated these kinds of
inequalities by encouraging uneven development within and between countries
which have resulted in increased benefits for some working populations, and
increased marginalization of others. The globalization changes the economic
structures and conditions of work substantially in virtually each workplace
worldwide. The need for occupational health services is thus increasing rather
than declining. There is also a serious lack of access to preventive and curative
services for work-related health problems in many developing countries. To
address the safety and health needs, the Government of Tanzania enacted the
Occupational Health and Safety Act No. 5 in 2003.

1
Another factor that favors OHS is economic. Many governments have realized
that the results of poor OHS performance are costly to the State (e.g. through
social security payments to the incapacitated, costs for medical treatment,
and the loss of the employability of the affected worker(s)). Employing
organizations also sustain costs in the event of an incident at work (such as
legal fees, fines, compensatory damages, investigation time, labour turnover,
lost production, lost goodwill from the workforce, from customers and from
the wider community).

According to the International Labour Organizations (ILO) report of 20112,


it is estimated that 2.34 million people died from work-related accidents or
diseases in 2008, of which 2.02 million deaths were caused by various type of
diseases and 321,000 deaths from workrelated accidents. This equates to an
average of more than 6,300 work-related deaths every day.

Similarly, in 2005 as per ILO report3, it was estimated that there were around
3,313 of fatal accidents: 12,819 of work related diseases, 16,163 of work
related mortality and 3,484 of deaths caused by dangerous substances.

In 2003 and 2004, the numbers of accidents4 reported in Tanzania mainland


were 1,692 and 1,889 respectively and total amount of TZS 668.5 million were
used to compensate occupational accidents victims.

New stress factors as consequences of technological development add more


burden to health of workers. However, the magnitude of the above problems
is not well quantified due to inadequate experts and technology in the field
of Occupational health and safety especially on reporting issues pertaining
to occupational accidents and diseases, hence, the availability of data is a
challenge5.

The ILO Convention No. 161 on Occupational Health Services, which defines
occupational health services as services entrusted with essentially preventive
functions and responsible for advising the employer, the workers and their
representatives on the undertaking of the requirements for establishing and
maintaining a safe and healthy working environment which will facilitate
optimal physical and mental health in relation to work and the adaptation of
work to the capabilities of workers in the light of their state of physical and
mental health and the WHO Global Strategy on Occupational Health for All
call for the organization of services to all working people of the world.

2 ILO Introductory Report: Global Trends and Challenges on


Occupational Safety and Health of 2011
3 Work and Health in Southern Africa (finding and Output of WAHSA
programme 2004-2008
4 This is according to the statistics from MoLE
5 African newsletter on OHS Vol. 19 No.1, April 2009 issued by ILO

2
Although the ultimate objective is to provide OHS services which corresponds
to the level defined in the ILO Convention No. 161, the underserved sectors
need the application of Basic Occupational Health Services (BOHS) concept
and principles. The BOHS provide services by using scientifically sound and
socially acceptable occupational health methods through primary health care
approach.

Apart from establishing OSHA, the government of Tanzania has made a lot
of efforts related to the improvement and protection of rights of workers
such as: the formulation of OHS policy (but not yet circulated), Workmens
Compensation Act of 2008; establishment of Labour Court (LC) {a division of
the High Court of Tanzania} and the Employment and Labour Relations Act No.
6 of 2004.

The government also established the Commission for Mediation and Arbitration
(CMA) and the Registrar of Trade Unions.

Despite these initiatives, the occupational health and safety in Tanzania is still
a serious problem and the Tanzanians workers in all social economic sectors
are affected daily.

In consideration of the above facts, the National Audit Office decided to conduct
a performance audit on the management of occupational health and safety
at workplaces. In addressing the issue of occupational safety and diseases
affecting the workers, the audit covered workplaces registration, inspections
and resource allocation carried out by OSHA and the way in which the Ministry
of Labour and Employment monitors and evaluates the activities of OSHA.

1.2 Audit Objective

The purpose of the audit was to examine whether the OHS-workplace


registrations, inspections and resources available are managed efficiently
and effectively. The audit covered planning, implementation, monitoring and
evaluation of OHS inspections and resources allocations.

The audit was based on the analysis of answers to three main questions. The
following are the audit questions used in this audit:

Audit Question 1: Does OSHA manage the occupational health and


safety inspection services efficiently?

Audit Question 2: Does OSHA use its resources efficiently?

Audit Question 3: Do the responsible authorities ensure that monitoring and


evaluation of OSHAs performance is carried out efficiently

3
and effectively?
More specific sub - questions are provided in Appendix One.

The Ministry of Labour and Employment (MoLE) and the Occupational Safety
and Health Authority (OSHA) are the audited entities. The audit also covered
key players in OHS, Occupational Health and Safety Committees and OHS
Representatives at various selected workplaces.

The first audit question focused on whether the occupational health and safety
inspection services at workplaces are carried out based on risk. A risk based
workplace inspections would concentrate its activities on (a) workplaces where
there is high risk for the occurrences of occupational accidents and diseases
(b) collection of information/data on accidents and diseases and (c) whether
OHS trainings are provided to the employees, employers, OHS committees and
representatives adequately.

The second question focused on whether OSHA mobilizes and allocates its
resources efficiently and effectively based on OHS risks. This is to ensure
that most of the workplaces with high risk for the occurrence of occupational
accidents and diseases are identified, inspected and relevant trainings are
provided to employers and employees.

The third question focused on the assessment of whether the Ministry of Labour
and Employment and the Ministerial Advisory Board (MAB) monitor and evaluate
the performance of OSHA in relation to resources mobilization and allocation,
workplace inspections and actions taken to rectify the situation. Similarly, it
assesses whether OSHA is monitoring and evaluating its performance.

1.3 Audit scope, methods and limitations

The audit design covered the audit scope, methods used in data collections
and the limitations encountered during this audit.

The audit scope covered the period of three years starting from June, 2009
June, 2012. Data was collected from four (4) regions out of 24 regions in
Tanzania Mainland6. The four visited regions were chosen from four zones7 (i.e.
one from each zone). The selected areas were based on the categorization of
economic activities carried out in each region, the areas with many workplaces
and areas with few workplaces. The selection also considered the areas
performing better in terms of workplaces inspection, registration and areas
with poor performance. Furthermore, the selection was made to ensure that

6 The examined regions are Dar es Salaam, Dodoma, Arusha and


Mwanza. These regions were selected from the five zones established
by OSHA.
7 The visited zones include Coast, Central, Lake and Northern

4
the entire country is represented in terms of geographical coverage so that
recommendations and conclusion can be fruitful to all Tanzanians. An average
of 6 10 workplaces were visited in each of the four regions visited during the
audit.

The audit focused mainly on the formal sector because this sector is more
regulated and OHS activities are more systemized than in the informal sector.

The formal picture of management and performance of the OHS in Tanzania was
studied using the Ministry of Labour and Employment through the department
of OSHA.

The main documents studied regarding the management of workplaces


registrations, inspections and resources allocation at the Occupational Safety
and Health Authority and the four selected zones were as follows:

Workplace registration: studied through the workplaces registration


book, the certificate of registration issuance book and annual reports
Resource allocations: studied through workplaces inspection plans and
reports, strategic plans and operational plans
Conducted workplace inspections: studied through workplaces
inspections plans, the inspections reports, strategic plans and
operational plans
Monitoring and evaluation: studied through inspection reports, annual
reports, and strategic plans.

Other documents used were accidents register book and the inspection reports
from MoLE. With regard to the management of workplaces registration and
inspection, the main documents used were the Occupational Health and Safety
Act of 2003 and other reports as mentioned above.

Furthermore, interviews were conducted with officers at OSHA, MoLE and from
key stakeholders such as employees, OHS committees, OHS representatives,
trade unions, OHS inspectors, ILO and WHO. The aims of the interviews were
to:
Confirm or explain information from the documents reviewed;
Give clues to relevant information in cases where information in the
formal documents was lacking or missing;
Provide context and additional perspectives to the information
gathered from the Ministry of Labour and Employment, OSHA and other
stakeholders; and
Rectify any information collected to the audited entity and the
stakeholders.

5
Similarly, questionnaires were used to gather data from employers, employees
and OHS Committees and representatives who were randomly selected.
Questionnaires were used in order to get the views of the three target groups.
Questionnaires covered a number of questions regarding OHS inspections,
existence of OHS Committees, training provided to them, enforcement of OHS
laws and regulations. In total, 307 questionnaires were filled in. 27 were filled
in by employers, 167 by employees and the remaining 113 were filled in by
members of OHS committees and OHS representatives.

The audit team also visited a number of workplaces to observe the way OHS
practices are carried-out. A total of 27 workplaces were visited in Arusha
(Northen Zone), Mwanza (Lake Zone), Dar es Salaam (Coast Zone) and Dodoma
(Central Zone).

The visited workplaces cover sectors such as Health, Manufacturing, Mining,


Services, Financial, and Construction etc. The selection of workplaces to be
visited was done in collaboration with respective zonal managers of the four
zones of Coast, Central, Northern and Lake.

During this audit, various challenges were encountered. In many cases the
required data for examination by the audit were limited. Hence, the audit
team had difficulties in cross-checking and confirming data provided during
the interviews. It is, however the assessment of the audit office that the
examination of the four zones in this audit provides a relevant picture of the
audit area and therefore the conclusions from these zones can be applied to
other zones in the country as well8.

The information was crosschecked and discussed with experts in the field of
Occupational Health and Safety Management in Tanzania in order to ensure
validation of the information collected.

The Ministry of Labour and Employment and the Occupational Safety and
Health Authority were given ample time to go through the draft report. They
confirmed the accuracy of the information being presented.

Various methods which were employed for data collection are described in
more details in Appendix 2.

8 The Occupational Safety and Health Authority Headquarters and the


Occupational Health and Safety experts agreed that conclusions from four
selected regions can be applied to the other regions not covered in this audit.

6
1.4 Audit Standards used

The audit was done in accordance with INTOSAI standards. These standards
require that the auditing is planned and performed in order to obtain sufficient
and appropriate evidence to provide a reasonable basis for the findings and
conclusions based on audit objectives. It is believed that according to the
audit objectives, the evidence obtained provides a reasonable basis for the
findings and conclusions reached.

1.5 Assessment criteria

1.5.1 Management of OHS inspection services

According to the OHS Act No. 5 of 2003, OSHA should continually ensure that all
workplaces are identified and registered and that sanctions should be imposed
on the employers whose workplaces have not been registered.

The same Act requires that OSHA should ensure that factories/workplaces
are inspected to determine whether they are in compliance with the OHS
legislation and standards.

The OHS National Policy of 2009 requires that all inspections have to be
properly planned in considerations of OHS risks and compliance inspections
are initiated and prioritized based on: imminent danger of death or serious
physical harm; Workers Complaint; Programmed Inspections or Follow-up
Inspection to determine if previous cited violations have been abated.

The General Inspections Procedures issued by OSHA in 2009 requires the


inspectors to ensure that OHS inspections are planned before hand in order to
maximize their impact on reducing OHS accidents and diseases. Similarly, they
are expected to identify and rank risk areas and prioritize special risk factors
in their OHS inspections.

The OHS Act No. 5 of 2003, states that training should be provided to all workers.
The OHS National Policy of 2009 points out that training should be provided at
least once in every two years to all workers on the hazards prevailing in their
work places and safety measures needed to be taken to avoid injury.

The ILO protocol to Occupational Health and Safety Convention 155 of 1981
and SADC Charter and Protocol on Health insists on the need to ensure that
OHS inspections are properly conducted and the results are used to improve
Occupational Health and Safety in workplaces.

7
1.5.2 Resources allocation

According to the OHS Act No. 5 of 2003, OSHA has to collect revenue accruing
from the registration of workplaces (once a workplace is registered) and from
annually conducted inspections.

The OHS National Policy of 2009 requires that inspections are properly
facilitated in terms of resources and are conducted according to the laid down
principles and standards.

The same policy states that OSHA needs to have a clearly defined model
for allocating resources to inspectors, inspection tools, vehicles etc. Areas
with the high level of risk on occupational accidents and health problems
are expected to get a big share of available resources. The tools should be
allocated appropriately based on workload and risk factors.

1.5.3 Monitoring and evaluations of OSHAs performance

According to the Executive Agencies Act No. 30 of 1997, the Ministry of Labour
and Employment has the role of ensuring that activities conducted by OSHA are
in the right track and take all necessary measures to rectify any deviation(s)
from the intended goals.

The same Act emphasizes that the Ministry needs to have effective monitoring
mechanisms which will be used to assess whether OHS activities are managed
efficiently. It requires that monitoring is conducted periodically and reports
are produced and used to rectify the weaknesses noted. The Ministry is also
required by the Executive Agencies Act to ensure that both short and long term
evaluations are carried out in order to check whether OSHA is achieving its
goals and that it has come up with more effective strategies.

The OHS National Policy of 2009 emphasizes on the need to have an effective
monitoring and evaluation system in place to measure the performance of the
occupational health and safety in Tanzania.

The ILO protocol to Occupational Health and Safety Convention No. 155 of 1981
and SADC Charter and Protocol on Health highlights on the need for Central
Government organs to ensure that they set robust and effective mechanisms
for monitoring and evaluating OHS issues in their countries.

8
1.6 Structure of the audit report

The remaining part of the audit report covers the following:


Chapter two gives an account of the audit area with the Occupational Health
and Safety Management system set up, procedures for workplaces registration,
inspection, monitoring, evaluation and the budget allocation for workplaces
registration and inspection related activities.

Chapter three presents the audit findings on Occupational Health and Safety
mainly focusing on workplaces registration and inspections in Tanzania.

Chapter four presents the findings on management of resources for OHS


activities.

Chapter five presents the findings on monitoring and evaluation of OHSs


activities in Tanzania from both the Ministry and OSHA.

Chapter six provides conclusions of the audit.

Chapter seven presents recommendations of the audit to the audited entities


for improving the current situation of the Occupational health and safety
Management in Tanzania.

9
CHAPTER TWO

SYSTEM FOR MANAGING OHS ACTIVITIES IN TANZANIA

2.1 Introduction

The major aim of this chapter is to give the background of the Occupational
Health and Safety activities in the country. The OHS activities covered include
workplaces registration, inspection, resources allocations management and
monitoring and evaluations. It also addresses the issues of legal framework,
OHS key stakeholders and detailed process on registration and inspection of
workplaces.

2.2 Legislation concerning OHS

Occupational Health and Safety Act No. 5 of 2003

This Act repealed the Factories Ordinance Cap. 297 of 1950. The objectives of
this Act is to provide for the safety, health and welfare of persons at work in
factories and other places of work; to provide for the protection of persons
other than persons at work against hazards to health and safety arising out of
or in connection with activities of persons at work.

The OHS Act applies to all establishments in the private and public sector,
local government services and public authorities.

The National OHS legislation includes provisions applicable to the following


branches of economic activity: Construction, Commerce and offices, Agriculture
etc. Similarly, National OHS legislation includes provisions concerning the
following occupational hazards: Air pollution, Noise, Ionizing radiations and
chemicals.

The other critical statues are administered by the Ministry of Labour and
Employment and these include:
The Employment and Labour Relations Act, 2004
Workmens Compensation Act, 2008

Also, in existence is the OHS national policy which has adopted the tripartite
approach involving the government, employers and employees.

Apart from the OHS Act of 2003 and other laws (mentioned above), there are
other principal legislations related to OHS. They include: the Atomic Energy
Act (2003), the Industrial and Consumer Chemicals Act (1985), the Tropical

10
Pesticides Research Institute Act (1979), and the Pharmaceuticals and Poison
Act (1978).

Promises made conventions, protocols and Charters

Tanzania has ratified various regional and international conventions, protocols


and charters. These are not legally enforceable, and on their own do not
improve working conditions or resources for OHS, but each represents a
commitment to specific principles, and in some cases to specific objectives
and courses of action as well.

The main conventions relevant to work-related health and safety are:


Relevant sections of the Charter of Fundamental Social Rights in
SADC, and the SADC Protocol on Health
ILO Conventions on Occupational Health and Safety
International conventions related to the use and movement of
hazardous chemicals.

See Appendix Four - SADC Charter and protocol on Health

2.3 Key Stakeholders on OHS management

In order to understand the OHS in Tanzania, different actors who are lawfully
mandated to carry out OHS issues in Tanzania have been identified with their
roles as hereunder explained:

11
Figure 2.1: System graph for OHS National Services structure and the roles
played by different institutions and organizations in Tanzania

Ministry of Health Ministry of Labour and International Organizations


Social welfare Employment (ILO, WHO and SADC)
Plays oversight role, monitoring
Provide guidance and and evaluation roles of OHS issues
Provide guiding instruments,
advice on occupational , the provision of seed-resources global strategy, information and
health and train experts on for OSHA to operate optimally advice on OHS
Occupational Health

Other key actors on the OHS in Ministerial Advisory Board (MAB)


Tanzania
Advise the Minister on OHS issues (Policy) and
Government Chemist Laboratory monitors the performance of OSHA
(GCL) monitoring of Industrial
chemicals
Tanzania Bureau of Standards (TBS)
- formulation of OHS National
Standards
National Environment Management
Council (NEMC) Monitoring OSHA Labour Offices
environmental related issues Management and 1 Enforcing labour laws,
enforcement of OHS through 2 Processing compensation for
registration of workplaces, the victims of Occupational
inspections, trainings and accidents and diseases in
monitoring the performance workplaces
Key actors on the of workplaces
enforcement of OHS
legislations
DDP- prosecution of OHS cases
Police - Support inspectors when Employers OHS Committees&
need arise Owners of workplaces are Representatives
responsible for ensuring Reporting accidents and diseases
Private inspectors Commissioned
that OHS legislations and
by OSHA to conduct OHS inspections standards are observed
which occur at their workplaces to
Engineering institutions and Reporting accidents and
inspectors, Assist inspectors in their
Construction bodies e.g. CRB, ERB, diseases which occur at inspections, enforce the
IET) - Enforce OHS in constructions their workplace to implementation of
sector inspectors recommendations issued by
Public - Provide information Train their employees on inspectors,
OHS Reporting all accidents
to the OSHA

Employees
Required to comply with OHS laws, report any incidents to the supervisors and follow their instructions


Source: National OHS Policy of 2009

2.3.1 Ministry of Labour and Employment

This is the main actor with the oversight role of ensuring that decent work is
practiced and maintained in Tanzania. It provides directives, technical advice,
enforces legislations, proposes amendments, allocates resources, oversees all
activities carried out by OSHA and ensure that OHS rules and regulations are
adhered to and maintained at workplaces.

12
The parent ministry, apart from the monitoring and evaluation roles, has a very
important role of providing the necessary support including, the provision of
seed-resources for OSHA to operate optimally.

2.3.2. Ministerial Advisory Board (MAB)

This board was created by the Ministry of Labour and Employment to


oversee the activities of OSHA based on OSHAs strategic plan, Memorandum
of Understanding, approved budget and other national and international
standards on OHS. MAB links MoLE with OSHA and has an important role of
advising the Minister in all matters pertaining to occupational health and safety
services delivery in the country. They discharge their duties by assessing the
performance of OSHA and advise the Minister of Labour and Employment on
identified OHS weaknesses and how to improve them.

The Ministerial Advisory Board (MAB) on the other hand, is supposed to convene
meetings to discuss matters pertaining to occupational health and safety
services delivery in the country.

2.3.3 Occupational Safety and Health Authority (OSHA)

The Occupational Safety and Health Authority (OSHA) has been set up to
administer occupational health and safety at workplaces in the country. The role
of OSHA is to improve health and safety (wellbeing) of workers and workplaces
by promoting occupational health and safe practices in order to eliminate
occupational accidents and diseases, hence achieve better productivity in the
workplaces.
To make a place of work safer and healthy, OSHA undertakes the following
functions:
Registering and keeping a register of workplace
Conducting general workplace inspection
Conducting health and safety audit
Organizing and conducting trainings on occupational health and safety
Carrying out researches and surveys on OHS
Disseminating information on occupational health and safety
Enforcing safety and health standards and legislation at workplaces
Investigating accidents and occupational diseases
Regulating occupational medical examinations for the workers.

Current Vision and Mission

OSHAs vision is to enable the country to achieve a significant improvement in


the health and safety of workers and achieve better productivity in workplaces.

13
The Mission is to become a competent government agency able to provide
sound technical advice, monitor and regulate OHS standards effectively and
efficiently by deploying skilled staff who are proud to work with OSHA and
value its customers.

Objectives and Targets

According to the OSHAs Three Year Strategic Plan (2010/11 2012/13), the
main objectives of OSHA in relation to the OHS activities in the country are:
Compliance to OHS legislation and standards increased
Human and financial resources management improved
Management system strengthened

14
Table 2.1: Main objectives and targets of OSHA (2010/11 2012/13)

Compliance to Human and


OHS legislation financial resources Management system
Objectives
and standards management strengthened
increased improved
Targets 70% of all Financial
ILO OHS
vacant management
conventions
positions filled system in place
initiated for
HR All management
ratification
development systems audited
Legislation
plan quarterly
and standards
developed and Accidents and
reviewed
implemented occupational
50% of
OPRAS diseases
registered
operationalized notification and
workplaces
Accident recording system
complied with
prevention established
minimum OHS
Fund Workplace
requirements
established database
Information,
Incentive management
education and
scheme system
communication
reviewed and established
strategy
implemented Records
established
All staff management
and
provided with system
implemented
conducive established
Three
office M&E system
researches on
accommodation established and
OHS conducted
and working implemented
32 technical
tools
articles
Procurement
produced
plan
annually
prepared and
120 OHS
implemented
related
Internal
trainings
Communication
for workers,
policy
employers and
developed and
specific groups
implemented
in general
public
Source: OSHAs Three Year Strategic Plan (2010/11 2012/13)

15
Funding

In the financial year 2011/2012, OSHA had an annual budget of TZS 4,378
millions. The source for financing this budget included government subvention
in terms of personal emoluments (23%) and other charges (12%) from the Ministry
of Labour and Employment, OSHAs own sources which mainly involved the
collection from registration and inspections fees (41%) and from development
partners (24%).

Table 2.2 below shows OSHAs Financial Resources for the three financial years
2008/9 2010/11

Table 2.2: OSHAs Financial Resources (2008/9 2010/11) in Million


Shillings
Government
Financial OSHAs own source Development
subvention
Year Partners
Planned Actual Planned Actual
2008/9 580 285 815 759 0
2009/10 578 555 1,975 1,020 286
2010/11 981 765 3,700 1,383 666
Source: OSHAs Medium Term Expenditure Framework MTEF (2008/9
2010/11)

Resources for enforcement and monitoring of OHS legislation and


standards

Table 2.3 below shows the resources which are at the disposal of OSHA.

Table 2.3: Number of staff and vehicles - OSHA (2010/11 2012/13)


Number of staff
Financial Year Number of vehicles
Inspectors Supporting
2008/9 35 19 5
2009/10 34 22 6
2010/11 53 31 11
Source: OSHAs Three Year strategic plan (2010/11 2012/13)

According to Table 2.3 above, reported numbers of OHS inspectors in Tanzania


is only 53 inspectors for the whole country (1 inspector per 560 workplaces).

16
OSHA Zonal Offices

Zonal offices are established to make sure that services are available in the
zones. The established zones are:
Coast Zone (Morogoro, Dar es Salaam and Pwani),
Northern Zone (Arusha, Manyara, Tanga and Kilimanjaro),

Southern Highlands Zone (Mbeya, Iringa, Rukwa and Ruvuma),

Central Zone (Kigoma, Dodoma, Singida and Tabora), and

Lake Zone (Mwanza, Mara,Kagera and Shinyanga).

Management Structure of OSHA

OSHA is headed by the Chief Executive Officer and Directors who are responsible
for operations, training, research and business support.

Similarly, there are five zonal managers who are in charge of all zonal
operations. They report to the Director of Operations.

The current top management of OSHA is new since OSHA had no Chief Executive
Officer for more than one year and most of the officials were operating in an
acting capacity. Now all officials are confirmed and OSHA has an Executive
Officer who had been in the office for less than a year.

2.3.4 Safety and Health Committees (SHC)

According to the OHS Act of 2003, the Safety and Health Committees (SHC)
should be established at the factory or workplaces where two or more health
representatives have been designated. The SHC among others have the role of
making recommendations to the employer regarding any matter affecting the
health or safety of persons at the factory or workplace or any section thereof
for which such a committee has been established.

2.3.5 Safety and Health Representatives

Any employer who has more than twenty employees in his employment at any
factory or workplace should have an OHS representative. The main task of OHS
representative is to review the effectiveness of health and safety measures
and identify potential hazards and major accidents at a factory or workplaces
and advise the management for ratification and improvement of the situation.

17
2.3.6 Employers

According to section 95 of OHS Act of 2003, every employer or workplace


occupier has the duty to ensure, so far as is reasonably practicable, the health,
safety and welfare at work of all his employees and rehabilitation of affected
employees. Similarly, employer has to make arrangements for ensuring the
safety and absence of risks to health in connection with production, use,
handling, storage and transport of articles and substances and should also take
all necessary measures to ensure that the requirements of the OHS Act of 2003
are complied with by every person in his employment. The employer should
also enforce such measures as may be necessary in the interest of health and
safety.

2.3.7 Employees

According to section 99 of the OHS Act of 2003, among others, the general
duties of employee include carrying-out any lawful order given to him and
obey the health and safety rules and procedures laid down by his employer
or any other person authorized by his employer in the interest of health and
safety, and he/she has to report the incidents to his employer or to any other
person authorized by the employer or to his health and health representatives
as soon as it is practicable.

2.3.8 Ministry of Health and Social Welfare (MoHSW)

The Tanzanian MoHSW strives to identify and bring workplaces under control
for all health risks; provide effective measures to protect vulnerable groups
at risks; discover and improve workplace situations that may contribute to
the existence of health risks; and to educate employers, employees and the
community as a whole on all matters related to occupational health and safety
(OHS).9

2.4 Institutions with linkages to various aspects of OHS

Specialized technical, medical and scientific institutions with linkages to


various aspects of OHS includes:

2.4.1 Tanzania Bureau of Standards (TBS)

This is the recognized agency in the country which sets standards including
OHS standards. Tanzania Bureau of Standards was established by the Standards
Act No.3 of 1975 as part of the efforts by the government to strengthen the
supporting institutional infrastructure for the industry and commercial sectors
of the economy.
9 Tanzania Journal of Health Research Volume 10, No. 3, July 2008

18
2.4.2 Government Chemist Laboratory Agency (GCLA)

The Government Chemist Laboratory Agency is responsible for the registration


and monitoring of industrial chemicals and toxic materials. In particular, the
functions of the Government Chemist Laboratory Agency includes: identifying
and evaluating quality and safety of products for consumption by people,
evaluate/identify the type of contamination or composition of products such as
mercury, gold and other chemicals and evaluate whether the products conform
to standards in the market etc.

2.4.3 Tanzania Pesticide Research Institute (TPRI)

Tanzania Pesticide Research Institute (TPRI) is responsible for research and


services in pest management, pesticides quality and safety, environmental
protection and biological diversity, so as to contribute to improvement of
quality of life.

2.4.4 Disaster Management Department (DMD)

Emergency preparedness, warning and response services is now being


emphasized in Tanzania. As a result the Disaster Management Department
(DMD) has been established under the Prime Ministers Office to coordinate
and manage disasters, to instill the culture of preparedness, to give early
warnings and respond to disasters e.g. hunger, terrorists attacks. In case of
any emergency, the Department is responsible for mobilize and coordinate
resources from different stakeholders like OSHA, Government Chemist
Laboratory, Tanzania Peoples Defense Force (TPDF), and Fire Bridges etc.

2.4.5 Private OHS Institutions

There are two private institutions dealing with Occupational Health; one is
Tanzania Occupational Health Service (TOHS) and the other is the Moshi -
Arusha Occupational Health. These institutions provide health care to their
employees on humanitarian grounds.

Their main objectives are: to teach on occupational health and allied


subjects, undertake research in occupational health and allied subjects,
promote occupational health, hygiene and safety and provide curative and
rehabilitation services to workers and the public.

19
2.5 Registration Process of workplaces

Subject to the provisions of section 16 of OSHA Act of 2003, the owner of a


workplace and factory is supposed to send a written application containing
required particulars and prescribed registration fees. 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.

The compliance license shall be issued to the occupier of the factory or


workplace after every twelve months, upon fulfilling occupational health and
safety requirements and on payment of prescribed compliance fees.

2.6 OHS Inspection

According to the OHS Act of 2003; Safety and Health Inspectors are required to
inspect all workplaces in order to determine whether they are in compliance
with the OHS legislation and standards.

There are two main types of workplaces inspections carried out by OSHA,
namely: General workplace inspection and Specific inspection.

General Inspection refers to the comprehensive inspections during which the


inspector identifies various OHS issues found in the workplace to be inspected.
Then he carries out the inspection. Specific inspection comes after the general
inspections whereby the inspector(s) conducts inspections on specific OHS
items such as electrical, plant, boiler, industrial hygiene and the like when
visiting the workplace.

According to the General Inspections procedures issued by OSHA in December


2009, the Compliance inspections are initiated and prioritized based on the
following criteria:

Imminent danger of death or serious physical harm


Workers complaint (the workers name remains confidential though
OSHA is required to furnish written copy of the complaint to the
employer).
Programmed Inspections
Follow-up Inspection to determine if previous cited violations have
been abated.

20
Based on the above facts, the inspection process is supposed to pass through
the following steps:

The first step starts with the preparation for inspection. The inspection team
reviews information available on the workplace to be inspected, identifies
and prepares the equipment and materials to be used regarding the nature of
inspections, inspections forms, protective equipments and expertise needed.

The second step is Initial Contact. The key issue at this stage include timing
of inspection, consent between inspector and employer and other inspections
protocols including the procedures in case the employer refuses to be inspected.

The third step is a briefing meeting before inspections. In this stage the
inspector provides explanation on the purpose and scope of inspections,
employer responsibilities, rights of OHS representatives, procedures for walk
around inspection and other necessary information including verification of
compliance issues.

The fourth step is Walk Around. At this stage based on the inspection scope
the inspector collects evidence based on various methodologies including
interviewing a number of workers, document review, observation and taking
of photograph.

Fifth step is briefing after inspection where the inspector informs the employer
on the results of inspections. In case violations are observed, the Inspector
may issue improvement or prohibition notice or compounding offences.

The sixth step is reporting of inspection. After the inspection, the inspector
is required to produce a comprehensive inspections report which should be
submitted to the Chief Inspector and the employer.

Lastly is the follow up stage; A return visit by inspector(s) may be done at


anytime for the purpose of checking whether corrective measures were taken
to rectify the situation and that employees are protected. In case of no action
taken by employer, the Inspector may issue prohibition or compounding offence
for each citation concerned or report to the Zone Manager.

21
The cycle of Inspection Procedures can be presented as summarized in the
figure below:

Figure 2.2: Inspection Procedures and responsible officials


A: Preparation for inspections
(Understanding the business and planning for inspections)

B: Initial Contact
(Engagement procedures) C: Briefing Meeting Before
Inspections

D: Walk Around
(Actual conducting of inspection and evidence
gathering)

E: Briefing of F: Reporting of
Inspections Inspections
inspections

Monitoring and Evaluation of OHS inspections

Take corrective measures on identified weaknesses on


OHS

Source: General inspections procedures issued by OSHA on December 2009

2.7 OHS Training

According to the OHS Act of 2003 Section 32, it is the responsibility of the
employer upon consultation with the chief Inspector to ensure that all exposed
workers are instructed on the hazards prevailing in their work places; safety
measures are taken to avoid injury and training is provided at least once in
every two years.

In ensuring that training is provided accordingly, OSHA has developed the


training module called National Occupational Safety and Health Course
(NOSHC) which has been running every year since 2006. The course has been
designed for occupational health and safety personnel who are responsible for
Occupational Health and Safety (OHS) in workplaces at different levels. The
course is run for six weeks and it is divided into two modules of three weeks
each.

22
2.8 Resources Mobilisation and Financing of OSHAs Operations

The major source of financing OSHA operations is through its own source of
revenues which is raised from OSHAs operations including fees charged on
inspections, registrations, training and compound offences. Additionally, OSHA
receives government subventions which include personal emoluments (PE)
for paying salaries and other charges (OC) for paying various expenses and
Development fund for financing development projects.

2.9 Monitoring and Evaluation of OSHA performance

Monitoring and evaluation covers OSHAs activities taking place in the whole
country. The plan focuses on formal and informal workplaces by measuring
the input and output results of the activities being implemented. The results
are measured against the strategic plan. The information is generated and
used for decision making at national, international, and workplace levels. The
information aims to enhance coordination of activities and mobilize resources
to improve working conditions in formal and informal sectors.

The following are the performance indicators used by MoLE and OSHA:

Percentage of complaints on OHS matters,


Rate of occupational diseases and accidents,
Level of compliance by workplaces to OHS legislation and standards,
and
Percentage of revenue collected.

The monitoring is supposed to be done quarterly and come up with the


monitoring report.

Evaluation on the OHS activities and the performance of OSHA, zonal offices
and inspectors is also done at least annually.

23
CHAPTER THREE

MANAGEMENT OF WORKPLACE REGISTRATION AND OHS INSPECTION

3.1 INTRODUCTION

In this chapter, we present our findings as answers to the audit question one
as shown in chapter one. The audit findings to the said question relates to its
specific objective. The aim is to provide answers to whether OSHA managed
workplaces registration, inspections and training efficiently and effectively.

3.2 REGISTRATION OF WORKPLACES

Workplace registration status

According to the OHS Act No.5, one of the primary roles of OSHA is to register all
work places in Tanzania. From the interviews with OSHA officials, workplaces
are registered in order to know the geographical location of the respective
workplace, nature of business carried out, kind and nature of equipment
and machines used in production/service delivery. Other reasons include: to
determine the number of employees available at the work places, to determine
the capital investment for establishing registration and inspection fees and
also to assist OSHA in planning for inspection, risk assessment and follow up.

From the interviews with OHS stakeholders, there are approximately 50,000
workplaces in Tanzania. However, interview with OSHA official showed that
workplaces were estimated to be 27,500 in 2012. The comparison of estimated
workplaces against registered workplaces is as shown under Table 3.1 below:

Table 3.1: Number of registered work places in relation to the


unregistered work places in Tanzania10
Number of
Number of registered % of registered
Year 10
approximated work
work places work places
places
2009 6,875 1,747 25
2010 11,691 2,609 22
2011 21,068 5,045 24
2012 27,500 6,599 24
Source: Statistics from OSHA database (January 2009 November 2012)

As it can be referred in the Table 3.1, OSHA has managed to register only
6,599 workplaces in Tanzania which accounts to 24% of the existing estimated
workplaces. More than three quarters of the OSHA estimated workplaces are

10 The statistics are in Calendar Year

24
not yet registered by OSHA.

According to the interview with OSHA officials, the reasons given for the failure
to register more than three-quarters of the approximated workplaces are:
No clearly set objectives for the registration of the workplaces,
workplaces registration targets not adequately communicated to the
zonal managers by the OSHA HQ,
Very little resources allocated purposely for workplaces registration,
Lack of comprehensive strategies in creating public awareness on the
importance of registering workplaces,
Weak sanctions to those employers who failed to register their
workplaces with OSHA, and
Lack of coordination between OSHA and other key stakeholders such
as Tanzania Investment Centre (TIC), BRELA, CRB, Tanzania Revenue
Authority (TRA), National Bureau of Statistics (NBS) and the Treasury
Registrar who could provide some of the information needed by OSHA
in order to register newly established workplaces.

The reviews of OSHAs three year strategic plan, business plan and annual
plan showed that most of the resources for OHS activities are allocated to
the inspections of registered workplaces. This shows that OSHA has prioritized
inspection among its activities.

Similarly, from the interviews with OSHA officials, it was confirmed that
resources allocation is mainly based on workplaces inspections. The reasons
cited by OSHA officials is that identification of unregistered workplaces takes
place during the inspections. Registration of workplaces cannot be carried out
separately as it is a costly exercise. It is estimated that it will cost TShs. 600
Million11 to register all workplaces which are unregistered by OSHA.

Non-registration of more than three-quarters of the estimated workplaces


limits the possibility of OSHA to enforce OHS legislation and standards in those
workplaces since inspections are carried-out only on registered workplaces.

Strategies to identify unregistered workplaces

Employers are required as per OHS Act.2003 to ensure that their workplaces
are registered by OSHA. OSHA is required to impose sanctions to employers
who failed to register their workplaces. According to interview with OSHA
official from the Zone offices, identification of the unregistered workplaces is
done during the normal workplace inspection visits. There is no separate plan
prepared by OSHA zone offices that shows when and how the Authority is going
to identify unregistered workplaces. This is due to lack of allocated resources
11 Costs for conducting a countrywide survey in order to identify and
register all workplaces

25
to execute the task of identifying these workplaces.

For inspection visit to be facilitated, inspectors are required to provide cost


estimates against what is expected to be earned. Since identification exercise
does not provide precisely what is expected to be earned, these financing of
such activity becomes difficult. According to interview with OSHA management,
it is not cost effective arranging separate visits for registration, inspections
and follow ups. They cannot plan for registration only as it is combined with
inspection visits. Consequently, identification is done on ad-hoc basis during
inspections of registered workplaces.

Coverage of workplaces in remote areas

Workplaces located in the peripheral, rural, suburb areas and other regions
which are far from OSHA zone offices carry a potential risk of not being
registered by OSHA. This is because for employers to be able to register
their workplaces, they are required to travel to OSHA offices hence incurring
traveling and accommodation costs. Similarly, OSHA may not be able to identify
these workplaces due to the cost that may be incurred in order to reach them
against the revenue that can be collected. There are no strategies of reaching
unidentified workplaces in the peripheral areas. Therefore, some of these
employers and employees may not be aware of the importance of registration.

Updating of workplaces registration book

The OHS Act No. 5 of 2003 requires OSHA to maintain a registration book of
workplaces in Tanzania. Workplaces are categorized into two types: temporary
and permanent workplaces. The registration process is the same and all
employers information is kept in the same register. For temporary workplaces,
employers indicate estimated duration of their workplaces. During the
workplace visit it has been noted that two of the selected workplaces in two
different zones12 (one each) were closed. These workplaces were selected from
the zone workplace register book. There is no register that shows temporary
or closed workplaces.

According to interview with the zone official, employers were supposed to


notify OSHA on the closure or relocation of their workplaces. Failure to do
so, OSHA is required to enforce sanctions to the employer. It was also, noted
during the interviews, that this problem persists simply because OSHA has not
enforced sanctions to the employers who failed to notify them on the closure
or re-location of the workplaces. Similarly, OSHA rarely inspected temporary
workplaces to crosscheck if they have been closed and update its register.
Identification of the closed workplaces is done during normal inspection visits
planned by the zone official. There is no planned visit to verify temporary
12 Central zone and Lake zone

26
workplaces expected to be closed, and this results in OSHAs failure to update
its list of workplaces under operation.

Application of sanction to unregistered workplaces

The OHS Act 2003 empowers OSHA to impose sanction to employers who have
not registered their workplaces. According to interview with OSHA officials, not
all identified unregistered workplaces are sanctioned. There are workplaces
which have operated for quite a period of time without being registered yet
no legal sanctions have been imposed on them.

OSHA has only registered 6599 workplaces out of 27,500 estimated workplaces.
The unregistered workplaces, equivalent to 76% of estimated workplaces, have
not been sanctioned anyhow.

The following reasons were pointed out during the interview with OSHA officials:
Non-prioritization on workplaces registration by OSHA as one of its core
activities,
OSHA has failed to have strategies or set aside budget for the
identification of newly established workplaces, and
Enforcement of registration of workplaces is carried out during the
inspections of the already registered workplaces. Hence, in areas where
OSHA does not have registered work places, it is difficult for them to
identify and register new workplaces.

The result of not prioritizing enforcement of unregistered workplaces is


having a huge number of unregistered workplaces which are operating without
being inspected on OHS issues. Therefore, neither occupational accidents nor
occupational diseases which occurred in the such workplaces are reported and
there are no immediate measures taken to rectify the situation.

3.3 OCCUPATIONAL HEALTH AND SAFETY INSPECTIONS

OHS inspection can be defined as the monitoring function conducted in an


organization to locate and report existing and potential hazards that could
cause accidents in the workplace. It is an essential method of identifying
existing and potential hazards for corrective action. It is also a means of
determining the level of compliance with established standards for hazard
controls, safe work practices, job procedures and safety rules.

Unlike investigations which are usually conducted in reaction to an event,


inspections are usually proactive measures. The purpose of inspections is
to identify potential problems; equipment deficiencies; improper employee
actions; inadequate hazard controls or remedial actions; and the effects of
change, including new hazards that were not previously identified. Due to

27
scarcity of resources, it was expected that while conducting inspections the
focus should be on addressing potential risks in OHS at workplace.

3.3.1 Planning of OHS inspections

The OSHA HQ is responsible for the development of OHS inspection guidelines


and other related documents in addition to confirming the implementation of
the OHS workplace health and safety inspection processes. The Zonal manager
is responsible for planning the workplace OHS inspection activities which
includes: scheduling the activities, monitoring the progress and reporting
on progress. Similarly, the inspection team(s) is/are required to conduct the
workplace OHS inspection and report findings and recommendations. The
inspection teams should make a follow-up to verify that the corrective actions
have commenced or are completed and carry out the review of the risk to
ensure that they have been eliminated or controlled. The following are issues
observed in planning OHS inspections.

Overall and individual zone OHS inspection plan

According to documentary review and interview with the Authority officials,


the business plan that also includes a number of inspections to be conducted
is prepared at OSHA HQ and communicated to the zone offices for comment
before being finalized. However, the comparisons of the total number of units
planned with the individual zones inspections plan shows variations as shown
below:
Table 3.2: OHS inspection plans
Overall planned
Total number of
number of
Type of Inspections units planned by Variation
units by OSHA
zone-wise
HQ
Boilers inspection 300 268 32
Steam receivers
100 2250 (2150)
inspection
Air receivers inspection 1,500 3200 (1700)
Sterilizers/jackets 50 4500 (4450)
Lifting application 3000 Not available -
Electrical inspection 4000 3000 1,000
Source: OSHA Business plans

According to Table 3.2, the individual inspection plan varies when compared
with the overall Authority plan. For example, the overall plan for steam
receivers inspection is 100 units while zone has a total of 2250 units to be
inspected. Financial plans were based on the overall planned number of units.

28
This may result into inadequate inspections coverage of registered workplaces.

Individual inspection plans

For the OHS inspection to be effective, it is important to start with a well


prepared OHS inspection plan.

During the audit, it was noted that the quality of the inspection plans is
inadequate. The reviewed inspection plans were found to lack a number
of necessary key elements of good plans. Some of the important elements
which could not be found on the prepared inspections plans included specific
objectives for the inspections, targets to be achieved, allocation of resources
in terms of who is responsible for what during the inspection and the kind
of inspection tools or devices needed as well as reporting mechanisms for
monitoring and evaluation of the planned inspections.

Failure to have well articulated inspection plans have hampered the overall
goal of maximizing inspections in workplaces in the country.

Coverage of remote workplace (areas) inspection

OSHA mission as pointed out in Chapter 2 is to promote safety, health and


wellbeing of workers by providing technical advice, monitoring and regulating
OHS standards in order to reduce occupational accidents and diseases. However,
documentary review showed that workplaces located in remote areas were not
adequately inspected. According to interview with officials from the zone, the
reason for inadequate inspection is that one of the key issues considered when
planning inspection is the cost to be incurred against the revenue expected to
be collected from the conducted inspection.

Consideration of risk factors in planning inspection

Core actions for OHS management systems are hazard identification, risk
assessment, and reduction of probability of occurrence and impact mitigation
measures. Hazard identification is an important starting point and can be
carried out with the help of a Job safety Analysis tool. After the identification
of hazards, the associated risks have to be assessed with a view to establishing
appropriate control measures. When planning for inspection, it is expected
that risk factors have been considered for efficient and effective utilization of
the available resources against workplaces which have to be inspected.

According to documentary review and interview with OSHA officials,


Workplaces inspections are not planned according to risk factors. There is no
risk assessment conducted by OSHA to identify workplaces with high risk on
the occurrences of occupational accidents and diseases. However, one of the
responsibilities of the Zonal offices is to conduct risk assessments and general

29
inspections at workplaces and identify work conditions that contribute to the
overall ill health of workers and suggest improvement measure by finding root
causes and removing them.

Similarly, the OHS Act 2003 requires employers in every factory or workplace
where activities carried out involve hazardous equipment or chemicals
substances likely to result in adverse health effects or accidents, to have
risk assessment done annually by approved inspection authority and evidence
furnished to the Chief Inspector or any inspector when requested.

However, there are no documented risk assessment plans or documents


furnished by employers compiled by OSHA that can be used as a basis for planning
inspections. Hence, inspections are not prioritized based on workplaces which
are more vulnerable and exposed to risk of the occurrences of occupational
accidents and diseases.

According to the interviews held with the OSHA officials it was noted that all
workplaces have risks; as a result, workplace inspections are given equal weight.
However, according to the interviews with OHS stakeholders, workplaces have
different level of risks. Some workplaces have higher risks compared to other
places; therefore, those with higher risks were supposed to be given a higher
priorities in the safety inspection compared to others. This is also supported
by the sector fatality rate as shown under Table 3.3.

Table 3.3: Fatality Rate by Sector13


Number
Total Fatality
Sector of Fatal
Employed rate in %
injuries13
Agriculture, forestry,
13,890,054 16 0.12
fishing
Mining & quarrying 29,223 6 20.53
Commerce & Distribution 2,486,818 12 0.48
Manufacturing 245,449 28 11.41
Construction/building 151,690 36 23.73
Transport 111,571 23 20.61
Total 16,914,805 121
Source: OSHA report on Occupational Accidents by sector14

As shown in Table 3.3 the fatality rate is high in construction/building sector


followed by transport and mining sector. This implies that the level of risk in

13 Estimated from Accident Notification Survey, 2008


14 The data are based on Accident Notification Survey, 2008 based on
6,614 samples all around the regions in Tanzania.

30
relation to occupational accidents sectorwise is also different.

3.3.2 Execution of OHS inspections

Inspections and OHS risks in workplaces


The audit noted that the OHS inspections were not prioritized to address
workplaces with high risks depending on the kind of inspection required to
be conducted. The priority was given to factors such as amount of fees that
can be collected from the conducted inspections. Workplaces that are not
problematic in paying inspections fees were given more priority.

Similarly, workplaces that are found to be costly compared with the expected
amount to be collected from them were given less priority regardless of how
much risks they face in operations. This is because, most of the inspections
planned to be conducted, the focus is on the cost benefit analysis as all
inspections need to be financed by the collected revenue from inspections
conducted.

However, according to the roles of OSHA, its primary objective is to ensure


the creation and maintenance of ideal working environments which are free
from occupational hazards that may cause injuries or illness to employees. It
has been stipulated that this would be achieved by promoting OHS practices in
order to reduce accidents and occupational diseases.

Guidelines for conducting OHS inspection

In order to get maximum value from inspection it was expected that checklists or
inspection forms would facilitate planning and initiation of remedial action, by
requiring those doing the inspection to rank deficiencies in order of importance
and take remedial actions, with names and timescales to track progress so as
to implement improvements. Periodic analysis to identify common features
or trends which might reveal underlying weaknesses in the system should be
carried out. Information to aid judgments about changes in the frequency or
nature of the monitoring arrangements should be made available.

According to interviews with OSHA inspectors, it was revealed that, while


conducting inspection, they often referred to the workplace inspection forms.
The forms have been designed such that it has 12 fields / areas to be filled
namely; purpose of the visit; particulars of the workplace; general safety
aspects; noise and vibration; thermal conditions; chemical agents; dusts;
ergonomics; environmental control; summary of the workplace visit; electrical
inspection and plants. By referring to the purpose of the visit, the form can
be used in general workplace inspection, plant inspection, workers medical
examination, industrial hygiene measurements and electrical inspection.
However, the form does not have details on how inspections can be conducted.
This is because it has been designed as a checklist to be used when planning

31
inspection.

3.2.3 Reporting of OHS inspections

It is expected that an inspection will be effective only if results are reported


and prompt action is taken. The Workplace Inspection Report is designed to
ensure that hazards observed during inspections of the workplace are corrected
in an orderly fashion. However, the following are the issues observed in the
audit:

Standardization of the OHS inspection reports

The review of various inspection reports issued by inspectors in the four zones
visited, showed that each inspector reported according to his/her innovation.
The following is the summary of issues reported by different inspectors:

Table 3.4: Varied contents of the OHS inspections reports


Zone Contents of the OHS inspection report
Section Description Recommended Legal action
Central
of the act of the section intervention taken by Remarks
zone
contravened contravened measures inspector
Results of the
Coast
Code of inspection based General
Inspector
conduct on code of recommendation
1
conduct
Coast
Inspection Non conformance Protection of
Inspector Introduction
methodology aspects observed reinforcement
2
Lake
Section
zone Identified
of the act Recommendation Remarks
Inspector contravention
contravened
1
Lake
zone
Introduction Shortcoming Conclusion
Inspector
2
Medical
Examination
North
Safety and Personal Environmental
zone Safe drinking
health protective Fire extinguishers Lighting
Inspector water
committee equipments Heat
1
measurement
Noise
North
Identified Recommended
zone
OHS non Recommendation time frame for
Inspector
compliance improvement
2
Source: Zones individual inspections report

As can be seen from Table 3.4, OHS inspection reports differ in content when
comparing within and between zones. According to interviews with OHS
inspectors, variation is caused by lack of standardized reporting format that
can be used as a guide by all inspectors irrespective of zones when reporting
results of the inspections conducted.

32
Quality of the inspections conducted
Review of the general report of the factory/workplaces inspected in central
zone shows that 146 workplaces were inspected, which is about 100% of the
task for 25 days scheduled for two inspectors (electrical; and ergonomics and
hygiene inspector). On average, inspectors inspected 6 workplaces per day
without considering travelling hours. The inspection conducted was Electrical,
Industrial hygiene and general workplace inspection in different workplaces
visited in four regions namely Dodoma (27), Singida (41), Tabora (66) and Kigoma
(12) including districts. According to the inspectors report, the objectives of
the inspection visits were to:

register workplace/factory which are not yet registered by OSHA so as


to comply with legal requirement,

conduct statutory inspections (hygiene and electrical) so as to make


sure that, always the workers work within health and safe environment,

to increase the OSHA revenue by charging the fees for each service
delivered per each workplace, and

identify different workplaces which are not yet registered that will
require inspectors attention in the next visit.

From the listed objectives, inspectors had four areas to focus on the 6 visited
workplaces per day. The summary of the types of areas visited is as follows:
Table 3.5: Categories of workplaces visited in 25 days

Sector Number of workplaces


Construction 3
Milling 16
Hotel 8
Fuel station 23
Energy 4
Garage 10
Processing Industries 29
Other Industries 12
Others 29
Godown 6
Transport 2
Workshop 4
Total 146
Source: OSHA inspection reports on Occupational Health and Safety

For inspectors to be able to conduct inspection and come up with the


recommendations which once implemented would improve the working

33
conditions, it is expected that appropriate inspection tools would be used.
However, review of the tools/equipment available in the central zone reveals
the following:

Table 3.6: Analysis of the available against required inspection tool


Type of tool 2009/2010 2010/2011 2011/2012
required Required Available Required Available Required Available
Electrical 4 0 4 0 4 0
inspection
Industrial 4 0 4 0 3 4
hygiene
measurement
Source: Zone resource database (Fixed Asset Registers)

Table 3.7 shows that the central zone had limited electrical and hygiene
inspections equipment though the team managed to inspect 146 workplaces
in 25 days. These tools were supposed to be supplied by OSHA HQ. According
to interviews held with OSHA officials, inspection tools were not provided due
to limited financial resources. Nevertheless Tables 4.1 and 4.2 show that OSHA
has revenue potentials of more than Tshs. 13 billions.

Existence of quality control system

An effective control system depends on the existence of a quality control system


providing assurance that the work performed complies with the applicable
standards on the subject. No evaluation has been conducted to assess the
quality of the inspection conducted in order to satisfy that the work meets the
set standards and quality desired.

Conduct of medical examination to employees


The Occupational Health and Safety Act of 2003 Section 24 requires the
employer(s) to carry out pre-placement and periodic occupational medical
examinations to their employee(s). This has to be done before and during
employment so as to assess their health fitness. The examination is required to
be carried out by a qualified occupational health physician or where necessary
a qualified medical practitioner as may be authorized by the Chief Inspector.

OSHA was required to inspect whether employees were medically examined


at the point of entry, during employment and when exiting the employment.
According to the objective of Zonal offices, the Zonal manager is responsible
for carrying out health examinations and health surveillance of workers to
establish and maintain database on health status of workers in different
workplace settings for use in occupational health management. However, few
employees went through periodical and exit medical examination.
According to interview with employees and OSHA officials, none of the medical
examination has been conducted as required. Out of 167 employees in 27

34
workplaces visited, 66% of employees have not undergone periodic medical
examinations while and 34% have attended medical examination within three
years from 2009/2010 to 2011/2012. Failure to carry out occupational medical
examination to employees is caused by:
reluctance of employers to ask for medical examination for their
employees due to fear of medical examination costs
Lack of awareness on the importance of occupational medical
examination by employees.

This has also been noted in the general inspection forms filled by inspectors
when conducting general workplace assessment. A review of 15 inspection
forms collected from zone offices showed some of the key items not complied
with by employers as shown under Table 3.7.

Table 3.7: Inspectors assessment of key issues in the 15 workplaces


Yes No
% %
Presence of health and safety committee 11 89
Health and safety committee active 0 100
Presence of Safety officer 29 71
Presence of written OHS policy 8 92
Pre-employment medical examination done 7 93
Periodical medical examination 0 100
General register for factories/ workplace kept 33 67
Source: Inspection forms collected from OSHA

Table 3.7 shows that employers have not complied with OHS compliance
requirement to a large extent. Periodical medical examination is not conducted
at all. According to interview, this was due to shortage of medical practitioners
who are centrally accommodated at the OSHA HQ. OSHA has a total of seven
medical inspectors and three nursing inspectors required to conduct medical
examination in 6,599 registered workplaces.

Existence of OHS policy in most workplaces

The Occupational Health and Safety Act of 2003 Section 96 requires every
employer who has more than four employees in his employment in any
factory or workplace to:

prepare a written policy15 on the protection of health and safety of


employees and description of the organization for implementing their
OHS policies,

15 OHS Policies for the individual workplaces

35
prepare guidelines concerning the implementation of the contents of
the policy,

display a copy of the policy at any conspicuous area within the factory
or workplace, and

distribute copies of policy and guidelines to all employees.

Review of randomly picked 15 inspection checklists filled by inspectors while


conducting general inspection as per Table 3.7, shows that 92% have no OHS
policies. Similarly this has been pointed out by employees in the questionnaire
distributed in the visited workplaces. According to the feedback from
questionnaires distributed to 167 employees from 27 workplaces visited in the
four regions of Dodoma, Mwanza, Arusha and Dar es salaam it showed that
62 percent of them commented that they do not have OHS policies in their
workplaces while the remaining 38% have.

The reasons for not having OHS policies in workplaces include lack of awareness
on the need to have OHS policy in place and also weak law enforcement to
employers not acting on the OSHA recommendations of developing OHS policy.

Furthermore, for the ones who acknowledged having written OHS policy in
their workplaces, 60% of the employees said that despite having it has not
been properly followed. The remaining 40% said that the policies are properly
followed.

The reason for not following the OHS policies is lack of awareness to most of
the employees on the importance of following the OHS policy that could also
create pressure to reluctant employers.

Submission of inspection reports to employers

It was expected that after OHS inspection has been conducted, inspection reports
would have been submitted to the employer at the workplace for corrective
action. However, according to interviews with employers and employees during
site visits, inspection reports are not timely sent to employers as feedback and
a basis for taking corrective measures. Feedback on the inspections conducted
is mainly given verbally on the spot.

3.3.4 Follow up of OHS inspections

Follow up of the inspection reports


Inspections follow up to verify whether the recommendations provided to the
remote workplaces employers were taken on board for improvements revealed
that such inspections were rarely conducted due to constraints budget. Follow
up inspection is conducted at the workplaces around zonal offices. As explained

36
under chapter 2, employers pay fees for OHS inspection conducted. Follow up
visits are supposed to be provided free of charge.

According to interview with OSHA officials, it is not cost effective to make follow
up visits. During site visit, employees and OHS committees confirmed that they
always see OSHA inspectors once per year. This means that inspections follow
up are rarely carried out. Interviews with OSHA management show that the
Authority has other mechanisms for getting feedback such as through reporting
by OHS representatives and committees. However, OHS representatives and
committee were found not to be active.

Similarly, if a follow up visit occurs and the Safety and Health Inspector finds
that corrective action has not been completed by the designated abatement
date, the Safety and Health Inspector may issue prohibition notice or compound
offences or notify Zonal manager. The Zonal Manager shall notify the Legal
Unit, through the Chief Inspector, of the non-compliance. The Legal Unit shall
provide assistance in obtaining summons or in taking other appropriate legal
action.

However, a review of follow up on OHS inspection report shows that a client


may be given a certain period (like 14 days) to rectify noted anomalies.
Nevertheless when this is not done, further grace period is granted. This is
because of lack of effective follow up resulting into workplace not assuring
Occupational health and safety to employees.

Incident reporting system

According to Section 101 of OHS Act of 2003, each incident16 occurring at the
factory/workplace is required to be reported by the employer to OSHA within
24 hours verbally and seven days in writing. The Act also requires medical
practitioners, OHS representatives and employers whoever comes across them
to report these incidents. The following is time taken by employers in reporting
of incidents which occurred in workplaces:

16 Incident - an unintended event that did, or had the potential to


cause harm; Accident - an incident that causes harm; Near-miss - an
incident that does not cause harm.

37
Table 3.8: Time taken by employers to report incidents occurred to OSHA
No. of employers
Percentage
S/N Time range reporting OHS
of reporting
incidents
1. 24 hour 20 17
2. 8 30 days 9 8
3. 31 180 days 0 0
6. 181 365 days 0 0
7. More than 365 days 1 1
8. Not reported at all 91 75
Total 121 100
Source: Auditors analysis based on administered questionnaires

Results of the responses from the questionnaire filled by employees as


summarized on Table 3.8 above shows that 17% of employers report incidences
occurring at the workplaces to OSHA timely as per the requirement of the OHS
Act.

However, interviews held with employees from the visited workplaces revealed
that only fatal accidents are reported to OSHA. Employees are not aware of the
other incidences being reported to OSHA as no investigation has been carried
out for other incidences.

According to review of workplaces correspondence with OSHA in the visited


zone offices and also in OSHA HQ, these incidences are not adequately
documented as they are not fully reported by employers, OHS committees or
employees.
Only few employees managed to report accidents at the Ministry of Employment
and Labour (MoLE) for the sake of being paid workmans compensations. MoLE
has been receiving information from employees who got accidents at their
workplaces that the employers are reluctant to compensate them. Most of the
reported cases are on accidents only, while diseases are not reported. Even on
these few incidents reported to MoLE, neither MoLE nor OSHA have analyzed
the data to assess the trend of accidents and diseases in Tanzania or identify
the areas most faced with the highest risk on occupational accidents so that
plans and strategies can be laid down for inspections and follow up. According
to interview with employees, most of them do not report to either OSHA or
MoLE due to:
i) lack of awareness of their rights of being compensated when
they face problem at work,

38
ii) according to Workman Compensation Ordinance Cap 263 of
1949, very low amount of compensation paid to the victims (the
maximum amount is TZS 108,000/= and for fatal cases it is TZS
83,000/=),
iii) the bureaucracy of the compensation process which is very long
and time consuming, and
iv) the reporting under workmens compensation is done only
for accidents involving an injury of person or fatality. Hence,
accidents without injuries or fatalities are not reported at all.

The audit team through interviews noted that OSHA does not often collect
these data from Labour offices. According to interview with Labour official,
these data are only recorded for the sake of arbitration and mediation but
are not compiled and analyzed to show the real situation at national level.
OSHA therefore does not have database or information related to occupational
accidents and diseases in Tanzania.

3.4. OCCUPATIONAL HEALTH AND SAFETY COMMITTEES

According to OSHAs Act of 2003 every employer who has more than twenty
employees at the workplace is required to establish the Occupational Health
and Safety Committee which shall be responsible for:
making recommendations to the employer for improving OHS activities
at the work place,
contacting OSHA inspectors when the employer fails to implement the
recommendations made to him, for further step,
discussing any incident that occurred at the work place and affected
the employee(s) and report the incident to the OSHAs inspector either
verbally or in writing, and
keeping records of all recommendations made to the employer.

The officials of OSHA acknowledged that there is no data base on existing


number of OHS Committees established at various work places.

Interviews and documents reviewed indicated weaknesses in the establishment


of OHS committees at work places. Not all registered workplaces have OHS
committees/representative(s). According to interviews with employees in
the visited 27 workplaces, employers are reluctant to form the Occupational
Health and Safety Committees at their workplaces. This is because of the fear
that the OHS committee members /representatives will report accidents and
diseases or the existing poor working environment to OSHA which may result
into imposition of sanctions to them.

39
Table 3.9 below shows the comments of the employees regarding the existence
of the OHS Committees and representatives in their workplaces. The sample of
167 employees was taken from 27 workplaces from the four visited regions of
Dodoma, Mwanza, Arusha and Dar es salaam.

Table 3.9: Availability of OHS Committees and Representatives in workplaces


Percentages of the
employees (%)
Both committees and representatives
35
are not available
Only OHS representative is available 25
Only OHS Committee 13
Both of them are in existence 27
Total 100
Source: Auditors analysis based on Administered Questionnaires

Table 3.9 show that more than one-third of the employees acknowledged that
they have neither OHS Committees nor representatives in their workplaces.
The remaining two thirds said that they either have OHS representatives, OHS
committees or both in their workplaces.

According to interview with OSHA management, these workplaces have other


committees such as National Environmental Management Council (NEMC),
Human Immunodeficiency Virus (HIV) doing almost the same functions and OHS
law does not specify that workplace with no OHS committee/representative as
being non compliant. However, the checklist for OHS certification application
shows that the existence of health and safety committee is one of the
requirements. It was further noted in the few workplaces visited by the audit
team that the employees claimed not to have been given time to conduct OHS
meetings at their respective work places.

Table 3.10 below shows the perspectives of the employees regarding the
effectiveness of the OHS committees and representatives in performing
OHS duties in their workplaces. The performance of OHS committees and
representatives is based on their capability to review effectiveness of OHS
measures, identify potential hazards, investigate complaints by employees,
report to the inspectors incidences such accidents, injuries, illness, death etc.
The sample of 167 employees was taken from 27 workplaces from the four
visited regions of Dodoma, Mwanza, Arusha and Dar es salaam.

40
Table 3.10: Effectiveness of OHS Committees and Representatives in
workplaces
Percentages of the
Percentages of the
members of OHS
employees (%)
Committees (%)
Not at all 47 23
To some extent 36 52
To a large
17 25
extent
Total 100 100
Source: Auditors analysis based on Administered Questionnaires

Table 3.10 shows that almost half of the employees commented that OHS
Committees and representatives are not very effective when it comes to
performing their duties.

Similarly, more than one-third of them acknowledged that to some extent these
committees and representatives are performing their duties satisfactorily.

When the same question was posed to the members of the OHS committees
in the visited workplaces, almost a quarter of them said that the committees
are not effective while the remaining three-quarters said that they are very
effective in performing their duties. Reasons for non-performances are lack
of cooperation with their employers resulting into committees inability to
implement their monitoring role.

Table 3.11 below shows the comments of the OHS Committee members
regarding the performance of the OHS Committees in their workplaces. The
sample of 113 members of the OHS Committees was taken from 27 workplaces
from the four visited regions of Dodoma, Mwanza, Arusha and Dar es salaam.

41
Table 3.11: Performance of OHS Committees and Representatives in
workplaces
Percentages of the OHS
Concerned activity to be performed by OHS Committee Members (%)
Committee Not
Available
available
The OHS Committees having operational plan
and perform their activities according to those 41 59
plans
The OHS Committees conduct regular meetings
as planned in order to discuss issues related to 27 73
OHS in their workplaces
The OHS Committees make thorough follow
up on the implementation of the corrective 21 79
measures suggested by OSHAs inspectors
The OHS Committees prepare monthly/
quarterly reports on the OHS activities in their 41 59
workplaces
The OHS Committees ensure that all incidences
that occurred in their workplaces are reported
56 44
to OSHA and necessary action to address them
are taken
Source: Auditors analysis based on Administered Questionnaires

Table 3.11 shows that there is a mixed performance among the OHS Committees
in different workplaces. It shows that almost half of the workplaces are
operating without an operational plan. Monthly or quarterly reports on the
OHS activities are not prepared and more than half of them do not report all
incidences occurring in their workplaces to OSHA so that necessary mitigation
actions are taken.

Similarly, according to them, the OHS Committees are effective in conducting


regular meetings and make thorough follow-up on the implementation of
the recommendations issued by OSHAs inspectors. However, most of the
workplaces did not have documented minutes of the meetings and follow up
conducted.

Furthermore, it was noted that OSHA is weak on law enforcement. The law
requires OSHA to take legal actions against workplaces without OHS Committees
and Representatives. During interview and documentary review it was noted
that OSHA has not sanctioned workplaces owners who do not comply with this
requirement.

42
During documentary review and interview with OSHA officials, it was noted
that OHS Committees have not been reporting occupational accidents and
diseases to OSHA as stipulated by the law. Out of 167 OHS Committees members
interview, 67% acknowledged that the occupational accidents and diseases
occurring at their workplaces are not reported to OSHA. Incidences are always
reported to the Ministry of Labour and Employment where OSHA has not been
able to collect the same data for investigation and thereafter imposition of
finds or legal sanctions as required by OSHA Act of 2003 Section 101.

Similarly, a number of fatalities are under-reported, since those who report


accidents and diseases to MoLE are demanding compensation from the
employers. According to interviews with employees from 27 work places visited
in three regions of Dodoma, Mwanza and Arusha it was noted that most of the
occupational accidents are not reported to MoLE or to OSHA. This is because
employers decide to settle the matter amicably with their employees and the
employees agree because they expect to be paid more than OSHA or MoLE
who only pay the maximum of Tshs. 108,000 as compensation. This does not
motivate the affected people to report incidences to OSHA or MoLE.

3.5 OCCUPATIONAL HEALTH AND SAFETY TRAINING

Inadequate Training Plans

OHS Act 2003 requires employers upon consultation with the Chief Inspector
to ensure that training is provided at least once in every two years. According
to OSHA organizational functions, Zone managers are required to conduct OHS
training on workplace in collaboration with OHS Training, Research and Statistics
Directorate. As noted previously, OSHA has 6,599 registered workplaces in the
country expected to be provided with training. It was expected that OSHAs
comprehensive training plan would be communicated to zone offices timely.
Table 3.12 shows a number of trainings conducted in the past three year against
plans.

Table 3.12: Number of trainings conducted in relation to plan


No. of trainings No. of trainings % of the
Year
planned conducted implementation
2009/10 49 39 80
2010/11 65 52 80
2011/12 98 64 65
Source: OSHA - OHS Training report

As shown in the Table 3.12, the Authority has not conducted training as
planned. As can be seen in the year 2011/12, only 65% of the planned training
was implemented.

43
According to interview with OSHA official from zone offices visited it was noted
that the preparation of the training plan is carried out by OSHA Headquarter.
Zone offices are not fully involved. Trainings have been prepared without
considering the type and nature of workplaces core activities. Similarly, the
training materials were prepared without consideration of the needs of the
trainees. This has led to some of the trainees failing to meet their needs.

It was further noted that the training plans are not communicated to zone
offices timely. Instead OSHA-HQ directs zone offices to invite the trainees to
attend the training mainly one to two months before. This resulted into low
turn up. Few employees attend, mainly from big workplaces like mining. The
small, medium and peripheral suburban and rural areas workplaces have not
attending these OHS trainings in Dar es Salaam due to constraint of training
costs and reluctance of employers to grant employees permission to be absent
from work for more than one day. Table 3.13 shows the percentage of employees
attended training against potential.

Table 3.13: Percentage of employees attended training against potential


No. of trainings % of employees attended training against
Year
conducted potential in registered workplaces
2009/10 39 13
2010/11 52 9
2011/12 64 8
Source: OSHA Training Database

According to Table 3.13, the percentage of employees attending training shows


decreasing trend though the number of trainings conducted is increasing.
Employers do not send their employees (OHS committee/representatives) for
training due to the reasons explained above.

It was further noted that, despite the requirement of the OHS Act. 2003 on
imposing sanctions to employers who do not ensure that their employees
are provided with training, sanctions were hardly imposed by OSHA to these
employers. OSHA follows ILO directives which do not prioritize on sanctions.
According to interview with OSHA management, sanctions do not improve
working conditions. Sanctions are only applied to employers who failed
to comply with the law requirement regardless of the awareness campaign
provided by the Authority. However, OSHA has not conducted an evaluation of
sensitization provided to employers in the country.

44
CHAPTER FOUR

MANAGEMENT OF RESOURCES FOR OHS ACTIVITIES

4.1 INTRODUCTION

In this chapter, we present our findings as answers to the audit question


regarding the management of resources for occupational health and safety.
The audit findings to the said question relates to its specific objective.

The aim is to provide answers to whether OSHA is efficiently and effectively


managing resources for occupational health and safety and adequately
mobilizing resources and allocates them according to workload and risk factors.

4.2 RESOURCE MOBILIZATION

Potential revenues not adequately captured

The Factories (Occupational Safety and Health Services Fees) Rules,


2001
Fees for occupational safety and health services rendered shall be payable
within fourteen (14) days from the date of inspection.

The OHS activities in the country are assumed to be financed by fees obtained
from the workplaces registration, compliance licensing and inspections. The
OHS Act of 2003 and the Factories (Occupational Health and Safety Services
fees rules of 2001) have set up fees to be paid by the employers or different
workplaces in accordance with the level of workplace capital investment. The
system, including the fee levels, has been the same since 2001. The system is
handled by OSHA.

The fee levels differ depending on category of workplace, OHS services rendered
and workplace capital investment. For inspection of lifting equipment there
are two to three fee levels on five kinds of lifting equipment (that varies
from 2,000 to TShs. 10,000): electrical test (varies from TShs. 2,000 to TShs.
10,000); workplace registration (varies from TShs. 2,000 to 10,000) and OHS
compliance licensing (varies from TShs. 2,000 to TShs. 10,000). These fee
levels are determined based on the workplace capital investment. They have
been grouped into seven categories. For Occupational Health Services (medical
examination), the fees is TShs. 5,000 per worker.

The OHS Act of 2003 and the Factories (Occupational Safety and Health Services
fees rules of 2001, stipulates that OSHA shall
collect fees for the registration of workplaces, compliance licensing

45
and inspection of Workplaces in accordance with OHS Act,
issue a receipt for every fee collected and keep records on the number
of workplaces and employers who have paid their fees,
make available to the Ministry all records, accounts and invoices related
to the OHS in the country.

Table 4.1 below shows the value of registration fees that are supposed to
be collected and the estimated value actually collected by the OSHA once a
workplace is registered. This is a onetime fee.

Table 4.1: Potential fees to be collected at one time when the workplace
is registered17
Potential
Fees
Fee to be Percentage
Source/services Collected17
collected collected (%)
(Million TSHS.)
(Million TSHS.)
Registration of
3,176 664 21
Workplaces
Total 3,176 664 21
Source: OSHA and computations done by the audit team based on the
information gathered in 2012

Table 4.2 below shows the value of compliance licensing and inspection of
workplaces fees that are supposed to be collected and the estimated value
actually collected by OSHA. These fees are supposed to be collected annually.

Table 4.2: Potential fees to be collected annually


Potential Fee to Collected Percentage
Source/services be collected (Million collected
(Million TSHS.) TSHS.) (%)
Compliance licensing 2,090 237 11
Inspection of Workplaces
Industrial Hygiene 1,238 6.5 1
Electrical Test 3,740 311 8
General Workplace
2,750 0 0
inspections
Medical Examination 3,338 365 11
Total 13,156 919.5 7

Source: OSHA and computations done by the audit team based on the
information gathered in 2012
17 The fee collected includes registration incomes for the three financial years
(2009/10, 2010/11 and 2011/12)

46
Other income realized by OSHA raised from Accident Investigation was TShs.
2.8 Million, Compounding Offences was TShs. 80 Million and Risk Assessment
was TShs. 24 Million which makes the total income collected by OSHA to be
TShs. 1,691Million.

OSHA collected one-tenth of the potential OHS fees. The figures reflect two
things: the ability to collect OHS in relation to what is needed, and the ability
to collect fees among clients being served and possibly the willingness to pay.

According to OSHA officials and employers there are different reasons for not
collecting all OHS fees. Some reasons are related to the employers willingness
or unwillingness to pay while another reason is the failure on the part of the
OSHA to take stern measures against those who have failed to pay OHS fees.
OSHA has also failed to conduct the required OHS services such as inspection,
registration, medical examination etc. Other reasons are more related to
weaknesses in the system, like inadequate database regarding those who are
supposed to pay and lack of control of payment.

System for verifying capital investments

The OHS Act of 2003 and the Factories (Occupational Health and Safety Services
fees rules of 2001), requires OSHA to charge fees for Occupational health and
safety services rendered. The stated fees include:
(a) Registration of Workplaces
(b) Compliance licensing
(c) Inspection of Workplaces which includes:
o Industrial Hygiene
o Electrical Test
o General Workplace inspections
o Medical Examination

The above mentioned fees are estimated either by the workplace capital
investment, size and type of equipment/machines to be inspected, or cost
incurred per worker during the medical examination.

Fees for the Registration of workplaces, compliance licensing and inspection


of Workplaces (mainly Electrical Test) are estimated based on the workplace
capital investment.

The review of the financial records on the fees collected and the interviews
with OSHA officials both at Headquarter and its zone offices revealed that
OSHA does not have a system in place for verifying the capital investments of
various registered and inspected workplaces.

47
OSHA relies on the figures (capital investments of different workplaces) given
by the employers as shown under Table 4.3.

Table 4.3: Capital investment of work places declared to OSHA Northern


zone
Capital
investment
Name of work Year of Nature of No. of
Sn declared
place Registration activities employees
In Million
(Tshs.)
Water/juice
Prestige factory
1. 2007 20 5
Industries Ltd bottling for
drinking water
Sales and
CMC Auto
2. 2006 services of 12 100
mobiles Ltd
motor vehicles
Metal and
3. Spanish Tiles Ltd NA 45 300
wood work
Africa Bulk Manufacturer
4. NA 42 500
Supplies Ltd of Nails
Manufacturer
Tanzania Picks
5. 2010 of strals and 9 4
Industries Ltd
tooth picks
Manufacturer
Brigthsun
6. NA of plastic 20 4
Packaging Ltd
items
Nas tyre Tires
7. 2009 17 150
services Ltd retreading
Arusha Crown
8. 2006 Hotel services 18 422.7
Hotel

9. Annex Hotel NA Hotel Lodging 38 92.7


Hotel and
Naura Spring
10 NA catering 87 7,000
Hotel Ltd
services
Ngurudoto Hotel and
11 Mountain Lodge NA catering 110 2,500
Ltd services
Real estates,
Arusha
conferences,
International
12 NA tourism and 119 24,000
Conference
hospital
Centre
services
New Safari
13 NA Hotel Services 55 4
Hotel

48
14 Hotel Aquiline 2009 Hotel services 35 30

Tanzania Horticultural
15 NA 65 600
Flowers Ltd Farming
Mount Meru Horticultural
16 NA 334 1,500
Flowers Ltd Farming
Manufacturing
17 Tanalec ltd NA of Electrical 150 2,700
goods
Banana Manufacturing
18 NA 195 398.4
Investments Ltd of Beverages
Source: OSHA Northern Zone workplace registration database

NB: NA means not available

The given figures are not really known to be correct and OSHA has not tried to
go through the financial statements of those registered workplaces to verify
their accuracy.

Similarly, OSHA has got no plan in place to try to conduct this exercise even
though some of the workplaces are growing and vice versa.

The reason cited by the OSHA officials is that it does not have competent
staff to verify the accuracy of the capital investments of different employers/
workplaces.

Inability to verify capital investments which indeed is the basis for estimating
fees for the registration of workplaces, compliance licensing and inspection of
Workplaces (mainly Electrical Test) may result into failure in collection of the
right amount of fees.

4.3 RESOURCE ALLOCATION

Resources allocated for the OHS activities


Analysis on the proportion of the total government expenditure to the
Occupational Health and Safety in Tanzania has increased from the financial
year 2008/09 to 2011/12. The trend implies that government (through the
Ministry of Labour and Employment) has been allocating more resources to the
OHS sector for the last three years. Table 4.4 below shows the trend of the
budget and the number of workplaces registered in the last three years.

49
Table 4.4: Comparison of the budget allocated for OHS activities and the
estimated number of existing workplaces1819
Amount
Percentage Estimated Percentage
Financial budgeted
increase Number of increase
Year (Million
(%) workplaces (%)
TShs.)
2008/09 1,395 018 1,747 019
2009/10 2,839 103 2,609 49
2010/11 5,347 88 5,045 93
2011/12 4,378 (18) 6,599 31
Source: OSHAs Medium Term Expenditure Framework MTEF (2008/9
2010/11) and estimated number of workplaces provided by OSHA

According to Table 4.4 above, the budget allocated for OHS activities
has increased from 1,395 Million Shillings in 2008/9 to 4,378 in 2011/12.
Nevertheless, the proportional budget spent on OHS is still below compared to
the increasing number of workplaces. The percentage increase of the existing
workplaces is 278% from 1,747 in 2008/09 to 6,599 in 2011/12. However, the
estimated number of workplaces is 27,500 against the currently registered
workplaces which is 6,599.
Similarly, the same negative trend is revealed in terms of staff establishment
in OSHA who are charged to ensure that occupational health and safety are
guaranteed in the workplaces. Table 4.5 below shows the current number of
staff at OSHA (actual strength) and the proposed number of staff as per the
OSHAs Management requirement.
Table 4.5: Shows the current number of OSHAs staff and the required
number of staff in 2012
Current Required
number of number of staff Percentage
Category of Staff
staff (actual (proposed by the difference (%)
strength) Management)
Inspectors 53 92 42
Plant Inspectors 12 25 52
Electrical Inspectors 5 11 54
Construction and
9 8 (13)
Building Inspectors
Medical Inspectors 7 13 46
Nursing Inspectors 3 12 75
Industrial Hygiene
12 16 25
Inspectors
Ergonomics Inspectors 5 7 29
Other staff 31 94 67
Supporting staff 31 94 67
Total 84 186 55
Source: Job-list of OSHA (JOB LIST FORM No.4)

18 Base year
19 Base year

50
Table 4.5 shows that OSHA has only 45% of the staff needed for them to perform
their duties.

According to interviews with the Management of OSHA and other stakeholders,


the parent ministry (Ministry of Labour and Employment) is supposed to
provide seed-resources to OSHA. The provision of seed-resources by the parent
ministry will enable OSHA to conduct its duties such as the identification
and registration of workplaces, inspection of workplaces, conducting health
and safety audits, monitoring and evaluation of workplace health and safety
hazards, occupational health surveillance, training on occupational health and
safety issues, outreach education and public awareness on occupational health
and safety issues, occupational health and safety research and development
of occupational health and safety standards, conducting investigations on
accidents and incidents and enforcement of occupational health and safety
legislation and standards.

Similarly, during the interviews it was also noted that if the Government
through the parent ministry can provide enough resources to OSHA, in the long
run OSHA will be able to eventually tap the potential revenue accruing from
the registration of the working places, inspections etc. Which would also help
OSHA to finance its activities.

Model for allocating resources


According to the OSHA three-year strategic plan, OSHA needs a number of
critical resources in order to perform OHS activities in the country. The
resources used by OSHA to perform its duties include:
Inspection tools,
Vehicles,
Staff (both inspectors and other support staff), and
Funds etc.

Table 4.6 below shows the comparison of the estimated number of


workplaces, number of workplaces per inspectors, number of workplaces per
vehicle and the zonal geographical areas.

51
Table 4.6: Comparisons of the number of workplaces per inspectors,
number of workplaces per vehicle and the zonal geographical areas
Estimated Number of Number of Total area
Zones Number of workplaces workplaces covered
workplaces / inspectors /vehicles (km2)
Coast 3900 111 1,950 104,599
Northern 325 54 163 112,423
Southern
600 100 600 185,249
Highland
Central 400 133 400 203,840
Lake 600 86 600 118,327
Source: OSHA and computations done by the audit team based on the
information gathered in 2012

Table 4.6 above shows that allocation of inspectors and vehicles used in
different zones is not based on the workload (number of estimated workplaces
and inspections) on the said zones.

The Northern zone has been allocated a large number of inspectors while the
number of workplaces is smaller compared to other workplaces. The same
situation can be seen when the number of workplaces per vehicles were
compared against the workplaces.

Similarly, the audit team compared the performance of OSHAs zonal offices
by using the number of inspections/inspectors and number of inspections per
workplaces in each zone. A comparison is as depicted in table 4.7 below:

Table 4.7: Comparisons of the number of inspections per inspectors and


the number of inspection per workplaces in 2012
Zones Number of Number of Number of
inspections inspections / inspection /
inspectors workplaces
Southern 450 75 0.75
Highland
Central 250 83 0.63
Source: OSHA and computations done by the audit team based on the
information gathered in 2012

The table above shows the ratio of the number of inspection and that of
inspectors for the two zones of Southern Highland and for the Central zones.
The same comparisons have been done by comparing the ratio of the number
of inspection and that of workplaces.

52
CHAPTER FIVE

MONITORING AND EVALUATION OF OHS ACTIVITIES IN TANZANIA

5.1 INTRODUCTION

In this chapter, we present our findings as answers to the audit questions two
and three as shown in chapter one. The audit findings to questions two and
three relates to specific objective of each audit question.

The aim was to provide answers to whether MoLE monitors and evaluates the
performance of OSHA efficiently and effectively in relation to the management
of workplaces registration, inspections conducted, training offered by OSHA,
mobilization of resources and allocation. Another aim was to assess whether
appropriate actions are taken to correct the identified weaknesses.

5.2 MONITORING OF OHS ACTIVITIES

Guidelines on Occupational health and safety management systems - ILO-


OHS 2001
Procedures to monitor, measure and record OSH performance on a
regular basis should be developed, established and periodically reviewed.
Responsibility, accountability and authority for monitoring at different levels
in the management structure should be allocated.

Inadequate monitoring of OHS activities at different levels


The monitoring covers 5 parameters: Percentage of complaints on OHS matters,
rate of occupational diseases and accidents, level of compliance by workplaces
to OHS legislation and standards, percentage of revenue collected and level of
customer satisfaction.
The frequency of monitoring activities is shown in Table 5.1.

Table 5.1: Frequency of conducted monitoring of OHS Matters


Several
times Every Every Very
Parameters to be monitored Never
per month year seldom
month
Percentage of complaints on
OHS matters
Rate of occupational diseases
and accidents
Level of compliance by
workplaces to OHS legislation
and standards
Percentage of revenue
collected
Level of customer satisfaction
Source: OSHA based on studies of documents and assessments by Audit
team in collaboration with OSHA officials

53
As seen in table 5.1 most of the parameters are only monitored at least once
a year or never. The Revenue collected in relation to the fees paid on the
Occupational Health and Safety Inspections is monitored, and regular reports
are sent to the OSHA Head Office from Zonal Offices.

Apart from this, there are no systematic forms of monitoring. The OSHA
Headquarter and Zonal Offices were expected by the Government to evaluate
OHSs performance in workplaces in order to find out whether the OHS
requirements are met by workplaces.

Such monitoring has not been conducted by OSHA. Instead OSHA has chosen
a more limited approach by getting feedback from the inspections which
are conducted annually to some workplaces and others after 2-3 years. This
approach does not give a full picture of the situation, because the observations
and discussions conducted are not documented.

This inadequate monitoring system has resulted into:


Inadequate feedback on OHS performance,
Inadequate information to determine whether the day-to-day
arrangements for hazard and risk identification, prevention and
controls are in place and operating effectively, and
Lack of the basis for decisions on matters related to improvement of
hazard identification, risk control, and the OHS management system.

It was also noted that there are no monitoring reports produced at different
levels. Different levels of administration from the Ministry and OSHA were
expected to monitor OHS activities in their areas of jurisdiction and produce
reports to be used as the basis for future improvements.

The Ministry is supposed to monitor OSHAs activities, whereas OSHA Headquarter


should monitor the Zonal Offices. The zonal managers and inspectors on the
other hand, are supposed to check whether the performance of inspectors are
really on track.

The inadequacies noted in monitoring of OHS activities at different levels have


resulted into failure by some of the key responsible organs such as employers,
Zonal managers and OSHA to discharge their responsibilities.

54
5.3 EVALUATION OF OHS ACTIVITIES

Performance measures on OHS activities

The primary purpose of measuring health and safety performance is to provide


information on the progress and current status of the strategies, processes and
activities used by an organization to control risks to health and safety.

Effective performance measurements provide information on both the level of


performance and why the performance level is as it is.

The interviews with the officials of the Ministry of Labour and Employment
showed that the Ministry has not developed Performance Measures on OHS
activities in the country. The only Key Performance Indicator (KPI) on OHS
issues present in the Ministrys Strategic Plan (2010/11 - 2012/13) is on the
number of workplaces which complied with minimum labour and employment
standards. They only rely on the Key Performance Indicators (KPIs) developed
by the OSHA.

The same officials acknowledged that despite depending on those KPIs from
OSHA, the Ministry has not tried to measure the performance of OSHA based
on those measures.

The reason given by most of the key stakeholders interviewed during the audit
for lack of Performance Measures of OHS activities in the country is the little
attention is given to OHS issues by most of the stakeholders in this area. There
is also low level of understanding on OHS issues among the people.

During the audit, it was also noted that having performance measurement
information helps to sustain the operation and development of health and
safety management system, hence, the control of risk. Therefore, failure to
have Performance Measures on the OHS activities in the country has resulted
into:
failure to provide information on how the OHS system operates in the
country,
failure to identify areas where remedial action is required, and
failure to provide a basis for continuous improvement.

Evaluation within OSHA

Evaluation plans

Monitoring and evaluation plans should be created in order to guide evaluators


when carrying out the Monitoring and Evaluation of OHS activities. The
Evaluation plan for OHS activities include the underlying assumptions on the

55
achievement of OHS goals; the anticipated relationships between activities,
outputs, and outcomes; the evaluation schedule; a plan for the dissemination
and utilization of the information gained.

Interviews with OSHA officials, revealed that OSHA does not prepare evaluations
plans. There are no evaluation plans to guide OSHA officials who are responsible
for evaluating OHS activities discharged in OSHA HQ and its zones.

The reason given by OSHA is that the Monitoring and Evaluation Section is not
adequately staffed.

Failure to have evaluation plans in place has resulted into:


failure to know the kind and amount of resources needed to be set
aside for the evaluation,
failure to know the required internal capacity to carry out the proposed
monitoring and evaluation activities, including analysis of data
collected, and
lack of identified timelines suitable for conducting evaluation activities.

Evaluation report

The results of any evaluation work are presented by the evaluation report which
highlights the main findings and the way forward in addressing any identified
problem. According to the OSHAs Strategic Plan (2010/11 2012/13), OSHA
aims to attain a situation whereby rates of injury, occupational diseases, lost
days, absenteeism and total number of work related fatalities are reduced.

The review of the annual performance reports for the year 2011/2012 and the
interviews conducted by OSHA officials revealed that there is no evaluation
conducted by OSHA on its activities.

Failure to conduct evaluations and report on the performance of OHS activities


has made it difficult for the Ministry and OSHA to have a clear picture of
occupational health and safety situation in the country.

An evaluation report would provide a clear picture on reduction/increase


of the occupational infirmities and finally lead to the identification of ways
to reducing cost of occupational diseases and accidents as well as increased
productivity at workplaces.

56
CHAPTER SIX

CONCLUSIONS

Our audit findings presented in the previous chapters give us reasons to draw
the following conclusions:

General conclusion
Generally, the audit office concludes that OSHA lacks specific plans for
identifying unregistered workplaces. Inspections are not efficiently planned and
conducted. It was also noted that there are no adequate systems for assuring
that quality inspections are conducted. OHS committees and representatives
do not implement their duties as required. Training were not properly planned
and conducted. MoLE had not adequately performed the monitoring and
evaluation functions which focuses on OSHAs performance and inspections
conducted.

Specific conclusions
The following are specific conclusions:

6.1 Registration of workplaces

Only few (24%) workplaces are registered

OSHA has not adequately registered all workplaces. Out of the estimated 27,500
workplaces, only 6, 599 (24%) workplaces have been registered so far. OSHA
has not developed a strategy for identifying workplaces in the country and
this has resulted into failure to devise a system for identifying and registering
workplaces.

OSHA has not developed a well defined plan for addressing this problem. It
has indicated that there are plans to conduct a countrywide survey so that all
existing workplaces can be identified and registered. The required resources
for identification and registration of all unregistered workplaces national wide
are estimated to be about TShs. 600 Million nationwide.

The audit showed that despite the fact that OSHA has provided those estimation,
they have not laid down plans on how the required fund can be raised so that
this activity of identifying and registering all workplaces can take place.

Failure to register workplaces hampers the scope of work of OSHA on ensuring


that all workplaces comply with the OHS legislation and standards. This is
because OHS inspections are only conducted to workplaces registered by
OSHA. Therefore, this shows that OSHA can only confirm the adherence to OHS
legislations and standards to 24% registered workplaces and the likelihood of
the remaining 76% unregistered workplaces to operate without adhering to
OHS legislation is very high.

57
Furthermore, it has been noted that OSHA has rarely sanctioned unregistered
workplaces. The failures to sanction the unregistered workplaces are
compounded by lack of strategies in place for identifying the unregistered
workplaces and then sanction them accordingly.

6.2 OHS inspections

OHS Inspections rarely assure health and safety in workplaces

The Audit findings concluded that OHS inspections conducted do not provide
assurance to employees and employers on the health and safety working
environment. OSHA has not adequately implemented its responsibilities as
per objective of its establishment. Similarly, the OHS representatives who
were supposed to review the effectiveness of health and safety measures
and identify potential hazards and major incidents at a factory or workplace
have not adequately implemented their functions. Ineffectiveness of OSHA
has resulted from identified weaknesses in planning inspections, execution
and follow up on the recommendations issued by inspectors after conducting
inspections. This can be explained as follows:

Inadequate planning of OHS inspection

Inspections were not always targeted at the highest risk workplaces where the
most severe injuries and illnesses occurred. There were no periodical reviews
on inspections conducted to identify any common features and trends to be
used as a basis for planning. Planning is done centrally at OSHA HQ. Zone
individual plans were not adequately prepared and lacked critical details
pertaining to the plan such to identify the inspection purpose, what needs to
be inspected, how often it needs to be inspected, who should carry out the
inspection, what specific items or areas need inspection and what standard is
one looking for.

Workplaces in the remote areas are not well covered in terms of identification
of unregistered workplace and also inspecting whether working environment
provide assurance to employee on the occupational health and safety. Also,
risk factors are not considered during planning. Inspections are planned based
on the revenue expected to be earned from the inspected workplace at a given
point of time.

OHS risks are not adequately addressed

Inspections conducted do not adequately address the main OHS risks in


workplaces; as a result, some of the inspected workplace still have potential
hazards to occupational health. This is because the objectives of the
inspections by OSHA are based on wrong footings. This implies that, if the

58
inspections are not prioritized according to the potential risk levels, then the
Authority may overlook areas that are high risk and inspect areas that are of
low risks. This is also supported by the employees respondents on the medical
health examination where 66% said that they do not check their health status
periodically as required. They were not aware of the necessity of the periodic
health checkup.

Lack of quality assurance mechanism

The quality of inspections is questionable. This is because of the lack of


quality assurance mechanisms in the whole inspection process. There are
no documented procedures that stipulates the way the Agency at different
level OSHA HQ and zonal office achieves assurance on the inspections
conducted in the workplace. According to interviews with employers and
employees in the visited workplace, OSHA officials from HQ and zone offices
do not visit workplaces to crosscheck the quality of the conducted inspections.
Consequently, the goal of improving health and safety of workers and achieve
better productivity at workplace becomes unattainable.

Registered workplaces were not adequately inspected

OSHAs targeted workplaces were not always inspected due to competing


local priorities and other targeting strategies in the zone offices. According
to functions of OSHA, the Zonal Manager has the responsibilities of ensuring
compliance with set standards and guidelines in OHS at workplaces.

Inadequate medical health examination strategies

OSHA has the overall responsibility to carry out health examinations to all
employees in workplaces. OSHA lack documented strategies for conducting
medical health examination to employees in the registered workplaces.
OSHA laws require medical health examination to be conducted by a suitable
occupational health examiner employed by OSHA or appropriate medical health
examiner appointed by the Chief Inspector.

Employees in the visited workplaces were not subjected to a periodical medical


examination as required due to lack of occupational health practitioners in
the Zone offices. Similarly, OSHA has not identified medical health examiners
in the regions who can be used by zonal offices to examine employees in the
workplaces as required. There is no collected statistics regarding occupational
diseases that can be used as a basis for planning of the medical health
examination exercises based on the available resources.

59
Similarly, it has been noted that although the estimated number of employees
in the registered workplaces is 165,000 the planned medical examination for
workers per annum is 13,000. This means, it will take more than 1220 years for
all the workers to be examined once. Such examinations are supposed to be
conducted annually.

Consequently, based on the above facts employees are not assured of their
occupational health status in their working environment.

Absence of general control on OHS standards

The TBS Act of 1976 places an obligation to TBS to take necessary measures to
implement effective control and inspection in workplaces. However, no OHS
standards are as yet prepared that define these concepts.

In the absence of common standards, each inspector and workplace has


established and implemented its own system in its area of jurisdiction with
its own mode of enforcement. Multiple approaches have resulted in varying
procedures and practices. This diversity gives employers/employees the
opportunity to criticize practices which they consider discriminatory and to
question the relevance of the inspections conducted by OSHA in some aspects,
thereby making them less inclined to observe the rules.

Lack of nationally established standards makes OSHAs inspection work less


focused due to lack of common goals and objectives on OHS matters in the
country. However, this approach does not allow OSHA to form an opinion on the
overall effectiveness of the inspection and control systems of OHS activities in
the country.

Poorly documented inspection reports

Inspections were not properly documented to allow verification of the individual


quality and scope of the inspections carried out. OSHA has not conducted any
evaluation to assess the documentation of the inspection activities in order to
satisfy itself that it has been done properly.

Inadequate capture of OHS Incidents

OHS incidences have not always been reported and documented. OSHA lack
database of the occurred incidences (accidents and diseases). It was expected
that OSHA would compile and analyze OHS incidences reported and corrective
measures taken as a basis for planning future inspections and training.

20 If all factors remain constant

60
However, this was not the case because not all occurred incidences were
reported and properly documented for future references. Few fatal accidents
were reported. Minor accidents and near misses were not reported. According
to interview with employees in the visited workplace, this was due to lack of
incentives to report incidences. Incidences were reported to (MoLE) Labour
office for compensation purposes. This was due to lack of awareness that they
were supposed to be reported to OSHA office for investigation purposes and
also ensuring that preventive measures were taken.

Ineffective incident reporting system

There is little information about work-related diseases and injury in the country
on which to base any firm answers to various OHS issues. OSHA lack systems
to collect such data regularly and actively, and rely on passive notification
whenever there is a workplace accident, either to a compensation or insurance
authority or the labour offices. This doesnt work very well for accidents and
occupational diseases. Many accidents are not reported because employers
dont know the contents of what should be reported or prefer not to; and
workers dont know that they should be reported, or are afraid of losing their
jobs if they do. Work-related diseases may not be recognized in clinics or in
general hospitals, and are often undiagnosed or misdiagnosed.

Few employers report accidents and diseases at OSHA. As a result OSHA does
not have any database or information related to occupational accidents and
diseases in Tanzania. Despite the fact that the law requires the employers to
report accidents to OSHA, those who do not report are not sanctioned by OSHA
and OSHA lack workable strategies in place to address the matter.

There is an enormous difference between the reported figures (in the country)
and the ILO estimates. It may be tempting to think that the latter are inflated,
suggest otherwise; the reported accident, injury and disease figures in the
developed countries are well-resourced and well-controlled and are noticed
to be much higher than those reported in Tanzania. Hence it confirms that we
are only recognizing and reporting a fraction of the incidents at work on the
safety, health and well-being of our workers.

6.3 OHS committee

Weak and ineffective OHS Committees and Representatives


OHS committees and representatives do not effectively conduct their duties
as required. As referred to in Chapter 2, OHS representative is mandated
to conduct primary inspection and ensure that OHS at the workplaces is
maintained and harmonized. This can be achieved through checking whether
working conditions are safe, identify hazardous conditions and recommend

61
remedial measures to improve matters. However, in reality the situation
for the workplace with OHS committee, were found inactive. Few of the
committees met and discussed on OHS issues. Out of the 27 visited workplaces,
only 10(37%) were found to have OHS committees. However, only 5 (19%)
workplaces had active OHS committee. This resulted into occupational health
and safety issues not being reported as required.

Lack of Effective Follow up of the Inspection Reports

There is no effective system to verify whether recommendations provided to


employers were implemented especially in the workplaces far from the zone
offices. This is triggered by the lack of motives to revisit these places as follow
up visits are not allocated funds to facilitate their costs. This resulted into
employers not adhering timely to the recommendations provided by inspectors
since they know for certain that OSHA inspectors are quite unlikely to make a
follow up on peripheral workplaces.

6.4 OHS training

Lack of well focused OHS trainings

On the provision of the OHS trainings, the audit concludes that there is lack of
well focused OHS trainings in the country. This is because in all zonal offices
of OSHA, they do not have training plans despite the fact that provision of
training is one of the key responsibilities in their respective zones.

In order to ensure that provided OHS trainings are focused and effective, OSHA
is supposed to conduct needs assessment of individual workplaces based on
weaknesses identified during OHS inspections conducted by OSHA. Currently,
there are no individual assessments of workplaces training needs.

Currently, all trainings are centrally organized and this has resulted in failure
to reach many workplaces and hence the emergence of high cost of training
following the travelling and other related costs which are incurred by the
employers.

At the same time it has been noted that few OHS committees members
and representatives have been trained on OHS issues and yet there are no
strategies in place set by OSHA to ensure that all those trained in OHS issues
and disseminate the knowledge to co-workers at their respective workplaces.

It was also observed that OSHA lacks database for the trained OHS committees
and representatives. Failure to have the database for the trained OHS
committees and representatives open up the possibility of repeating the same
trainings to the same people and adding no value at all . Another possibility
is that most of untrained OHS Committees and representatives will remain
untrained for a long period.

62
Consequently, most of employers and employees have a very low level of
awareness on OHS issues which resulted into non compliance to the OHS
legislation and standards.

There is room for improving coordination between OSHA and other stakeholders
such as Fire and Rescue Services, NEMC, CRB, ERB, Ministry of Health and LGAs
who conduct trainings on OHS issues. The above mentioned stakeholders are
all involved in one way or another in the provision of trainings in the area of
OHS. In that aspect, the cost reduction and effectiveness of the OHS trainings
can substantially improve if coordination can be enhanced among them.

6.5 Resource mobilization and allocation

Lack of clear model for resources mobilization and allocation

Little effort have been done by the Ministry of Labour and Employment to
ensure that resources for OHS activities in the country are properly mobilized
and later on allocated, based on well-defined factors.

While it is not disputable that there is potential for adequate revenue from
OSHAs activities, it should also be noted that before this huge revenue is
realized, the parent ministry should provide seed-resources to OSHA. The
provision of seed-resources by the parent ministry will also enable OSHA
to conduct risk-driven inspections as opposed to the current trend of doing
revenue-driven inspections, a practice which denies a significant number of
workers without occupational health and safety services.

Given that, majority of the countrys workforce are in the informal sector of
the economy where workers are exposed to high risk jobs but cannot afford
to pay for occupational health and safety services it is unwise to ignore this
sector as its effects will be detrimental to the countrys economy in the long
run.

6.6 Monitoring and evaluation of OHS activities

Inadequate information for Monitoring and Evaluating OHS activities

In delivering the occupational health and safety and the Conditions of Work
programs, the Occupational Health and Safety Authority is supposed to responds
to all complaints about unsafe conditions and failure to meet minimum
standards and inspects workplaces to determine whether they are safe. It also
ensures that workers receive minimum benefits and counsels employers and
employees on requirements of the legislation.

63
The Ministry of Labour and Employment needs information on the nature and
types of program activities, outputs and results to monitor and evaluate the
performance of OHS activities in the country. In the case of monitoring and
evaluating the OHS activities performed by the Ministry, we found key aspects
of the M&E information to be inadequate:
Information on records of workplaces that fall within Zonal jurisdiction
were inadequate even though these were necessary for ensuring their
workplaces were registered and subject to inspection,

Information on the record of each workplace, such as serious compliance


violations, accident rates and incidences of occupational illness, was
incomplete, out of date or not recorded. Such information would be
useful in monitoring and in setting priorities,

A record of the level and type of activities carried out in each workplace
and industry is required for an understanding of where the OHSs
resources have been used. It is also basic information for planning
activities. This information was inaccurate and was not standardized
from one zone to another, and

Information on the results of OHS activities, such as the degree to which


accident frequency and severity have been reduced, was either out of
date or not collected. This information would be useful in allocating
resources and in assessing the impact of the OSHA Operations efforts.

As a consequence of not having adequate information, the Ministry cannot


ensure that monitoring and evaluating of OHS activities in the country is
efficiently and effectively conducted. Therefore, it cannot ensure that OHS
activities are operating in the most cost-effective manner.

Lack of evaluation report on OHS issues

Program/activities evaluation is an important control mechanism for holding


management accountable for achieving program objectives and delivering
programs more efficiently. In our opinion, particularly given the resources
consumed and the importance of OHS, the Ministry of Labour and Employment
has not made satisfactory progress in evaluating OHS activities in the country.

Inadequately stated Performance Measures for the OHS activities

We noted that operational objectives and performance measures for the OHS
activities administered by OSHA were stated in terms of outputs, such as the
number of inspections to be carried out, rather than in terms of the results or
benefits to be achieved. A review of practices in other countries e.g. Australia,
New Zealand indicates that objectives and performance measures for the OHS

64
activities can readily be specified in terms of expected effects on clients, such
as reduced accident rates or increased levels of compliance.
Such results-oriented objectives and performance measures for the OHS
activities would assist OSHA in planning and carrying out their work and in
establishing accountability for achieving desired benefits from resources used.

Inadequate Follow-up visits to workplaces

OSHA did not regularly carry out follow-up visits after finding safety violations
that represented serious hazards to workers. In our opinion, timely follow-up
visits are necessary to determine whether or not serious violations have been
corrected. The need to ensure compliance with the law has been demonstrated
in the OHS Act of 2003. We found that, a number of inspections to the different
workplaces have been conducted and identified serious safety measures such as
lack of OHS policies and committees, staff working without safety gears etc.,
and despite carrying out those inspections very little was done in following up
on corrective actions after identifying serious violations.

Weak Statistics on Occupational Health and Safety

OSHA is also responsible for collecting and publishing accident statistics on


employees in the country and on work injuries and fatalities for all workplaces.
The information is intended to be used for policy formulation and for planning,
controlling and evaluating the occupational health and safety activities. OSHA
has got no comprehensive data on OHS issues in the country.

The user needs for these data have not been adequately determined. The
prime users are the regions, and their needs have not been identified. The
publics needs on the other hand has never been assessed.

OSHA did indicate having problems of data limitations and poor response rates
for information on occupational health and safety. However, lack of a reliable
list of all workplaces seriously impaired the OSHAs ability to ensure that the
collection of work injury data from employers was reasonably complete.

In addition, it was noted that lack of reliable data is one of the challenges
facing OHS arena in the country, while lack of research activities seem to be the
main cause of lack of reliable data within OSHA. However, in its organizational
structure, OSHA has a directorate of research, training and statistics. It is
through this directorate, that reliable data can be made available.

65
Reliability of data

The quality of information about work-related disease and injury in the country
on which to base any firm answers to various OHS issues is not satisfactory.
OSHA lack a system to collect such data regularly and actively, and it relies
on passive notification whenever there is a workplace accident, either to
compensation or insurance authority or the labour offices. This doesnt work
very well for accidents and not at all for occupational diseases. Many accidents
are not reported because employers dont know what should be reported or
prefer not to; and workers dont know that they should report, or are afraid
of losing their jobs if they do. Work-related diseases may not be recognized
in clinics or general hospitals, and are often undiagnosed or misdiagnosed as
something else.

66
CHAPTER SEVEN

RECOMMENDATIONS

This chapter contains recommendations to the Ministry of Labour and


Employment (MoLE) and the Occupational Safety and Health Authority (OSHA)
regarding the weaknesses pointed out in the previous chapters. The audit
office believes that these recommendations need to be fully addresses if the
Occupational Health and Safety issues are to be managed properly ensuring
that the 3Es of Economy, Efficiency and Effectiveness are achieved in the use
of public resources.

7.1 Management of Workplace Registration

The Occupational Safety and Health Authority (OSHA) should ensure that
they:

1. Develop a workable strategy for identifying and registering all


unregistered workplaces, and

2. Impose sanctions to all workplaces which have not been registered by


OSHA.

7.2 Occupational Health and Safety Inspection

The Occupational Safety and Health Authority (OSHA) should ensure that:

1. Planning of OHS inspections is improved by ensuring that each zone


develops its own plans and their implementations are supervised and
monitored by the OSHA HQ,

2. The guidelines on conducting risk based OHS inspections are developed


and put into use by all OHS inspectors,

3. They prioritize and complete inspections of the highest risk workplaces


to ensure effective and efficient use of resources. In prioritizing
inspections, OSHA should:

Consider risk factors in planning of OHS inspections. In addressing


this recommendation it is important to identify workplaces with
high risk on the occurrences of occupational accidents and
diseases.

Evaluate whether to pursue target workplaces that carryover


for two or more years.

67
4. Develop guidelines on reporting the results of OHS inspections. The
guide should detail the minimum requirements of the OHS inspection
report.

5. Carry out periodic follow-ups inspections in order to assess the level


of implementation of the recommendations issued by OSHA to the
inspected workplaces.

6. In collaboration with Tanzania Bureau of Standards, should develop the


OHS standards in the country.

7.3 Occupational Health and Safety Committees

The Occupational Safety and Health Authority (OSHA) should ensure that it
develops the database of the existing OHS committees and representatives
established in workplaces, those trained and untrained; and periodically
evaluate the effectiveness of these committees on improving OHS issues in
their respective workplaces.

7.4 Occupational Health and Safety Training

The Occupational Safety and Health Authority (OSHA) should ensure that:

1. Zonal offices have detailed plans of trainings which will take place in
their zones and the target groups are informed well in advance when
the training will take place;

2. It conducts needs assessments of individual workplace based on the


OHS inspections in order to identify training needs based on the gaps
identified during the inspections;

3. It develops a strategy of ensuring that OHS trainings are cost-effective


and provide trainings to focal persons from all workplaces; and

4. Coordination with all government institutions which provide trainings


on issues related to OHS is enhanced and find ways of collaborating on
providing those trainings.

7.5 Accidents Reporting

The Occupational Safety and Health Authority (OSHA) should ensure that access
to information regarding OHS issues for all stakeholders employers, workers,
professionals, inspectors, worker representatives, politicians and the media is
granted.

68
7.6 Data Base for OHS Issues

The Occupational Safety and Health Authority (OSHA) should:


1. It develops a formal written policy and procedure that provides a
clear explanation of the record collection and maintenance of records
regarding employee occupational illnesses and injuries that are OHS
recordable cases.

2. It develops the system for producing and using data to direct


interventions, monitor occupational health and safety and identify
problems.

7.7 Management of Resources for OHS Activities

The Occupational Safety and Health Authority (OSHA) should ensure that:

1. It develops a system for collecting all potential revenues from


registration, inspections, investigations and that sanctions are imposed;

2. It devises a mechanism for verifying capital investments of the registered


workplaces; capital investments are the basis for the fee charged and
they tend to change as the business grows/decline; and

3. It develops a clear model for allocating resources by ensuring that key


resources (human, money, inspection tools and vehicles) are allocated
adequately and all areas with high risks to occupational accidents and
diseases are given a high priority;

The Ministry of Labour and Employment (MoLE) should:


1. Carry-out a thorough analysis on the resources required for the
management of occupational health and safety in Tanzania and ensure
that the required resources are mobilized.

2. Develop a strategy for, and commit resources to, the establishment


of occupational health and safety programmes at all workplaces in
Tanzania.

7.8 Monitoring and Evaluation of OHS activities in Tanzania

The Ministry of Labour and Employment (MoLE) should ensure that it:
1. Develops M&E plans and executes the plans adequately and ensures
that reports are produced periodically; and

2. Develops a set of key performance indicators and measures to assess


the performance of OHS activities in the country as performed by OSHA
and other stakeholders.

69
3. Monitors and evaluates periodically, the performance of OHS activities
in Tanzania performed by OSHA and other stakeholders;

4. Develops a systematic and detailed occupational health and safety


programmes at national level, beginning with a policy commitment to
specific, time-bound objectives.

The Occupational Safety and Health Authority (OSHA) should monitor and
evaluate periodically the performance of Zonal offices on the OHS activities
carried out in their respective zones.

70
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2011/2012. Training Plan Directorate of Training, Research and
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Number 3, December 2010.

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Country Profile Tanzania (Mainland).

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Number 3, December 2010

21. Safety/Inspection Manual, [United States of America]. 2000. A


Publication of the American Chemical Society Committee on Chemical
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Measurement and Reporting Guidelines. OUW

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26. Australian Government, [Australia]. 2004. Measuring Safety,
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Measuring Health and Safety Performance.

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Executive Annual Statistics Report. United Kingdom

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Health and Safety Statistics: United Kingdom.

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Work Improving the Management of Health Risks to staff in NHS Trusts.
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and Enforcement: Implementing the Hampton vision in the Health and
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73
APPENDICES

74
Appendix One: Audit Questions and Sub Questions

This report provides the result from applying the following two audit questions:

Audit Question 1: Does OSHA manage the inspection services


efficiently?

Sub Questions

Sub-question 1.1: Does OSHA properly enforce the registration of


workplaces?

Sub-question 1.2: Does OSHA adequately apply and implement risk


based inspections in planning; executing and making
effective follow up?

Sub-question 1.3: Does OSHA manage efficiently the information


system for supporting risk based inspections?

Sub-question 1.4: Does OSHA have proper mechanisms for ensuring


that reliable, relevant and adequate data are
obtained and analyzed timely from workplaces?

Sub-question 1.5: Does OSHA have mechanism to ensure that there


are effective OHS Committees and Representatives
in workplaces which will assist in strengthening of
the data collection and inspections?

Sub-question 1.6: Does OSHA manage efficiently and take proper


actions on improving quality of their inspections?

Sub-question 1.7: Are the trainings conducted by OSHA to employers,


employees, the OHS Committee and OHS
Representatives managed efficiently and adequately
provided?

Sub-question 1.8: Are sanctions properly applied?

75
Audit Question 2: Does OSHA use its resources efficiently? 2122

Sub Questions

Sub-question 2.1: Does OSHA adequately mobilize its own source


revenues as per mandate21 given?

Sub-question 2.2. Does OSHA have appropriate system of allocating


its available resources22 in full filling its mandate
efficiently?

Sub-question 2.3. Does OSHA have appropriate system of charging and


collecting its revenues monitored?

Audit Question 3: Do the responsible authorities ensure that monitoring


and evaluation of OSHAs performance is carried out efficiently and
effectively?

Sub Questions

Sub-question 3.1: Do the Ministry of Labour and Employment and other


authorities monitoring the performance of OSHA
appropriately?

Sub-question 3.2. Do the Ministry of Labour and Employment and other


authorities evaluating the performance of OSHA
appropriately?

Sub-question 3.3. Do responsible authorities take appropriate action in


improving OSHAs performance?

21 OSHA was established by the Executive Agency Act of 1997 which


given it the autonomous power to decide their operation including financial
independence. Major revenue of OSHA is through registrations, inspections
and training services.
22 Available resources refer to human resources, fund and equipment

76
Appendix Two: Methodology

The main elements of our fieldwork, which took place between April and
December 2012, were:

Selected method Purpose

1. Regional Visits To gather primary data about


Visits to four Zones of OSHA offices out the planning, management and
of six zones based on major activities in outcomes of enforcement of
relation to OHS risk associated to those registration of workplaces and
zones. management of OHS inspection
services with the aim of reducing
OHS accidents.

To gather evidence from the


sampled workplaces (Large and
medium workplaces from formal
sector) in order to check the
effectiveness of OHS Committees
and representatives and their
opinion in a bid to maintain OHS
activities.
2. Interviews To gather evidence about the
Interviews with 17 individuals within registration of workplaces,
OSHA & MoLE and 25 from other key inspections of workplaces,
stakeholders. resources allocation, provisions
of OHS trainings, coordination
between OSHA and other
stakeholders especially on data
and enforcement, management
information system and relevant
OHS standards, guidelines, policy
and regulations.
Interviews with officials from
workplaces, employers and
employees to check their views of
OSHAs enforcement activities and
how they are accountable in their
responsibilities related to their
task as stipulated in OHS Act No.
5 of 2003.

77
3. Consultation
Consultation with OHS experts in To obtain the view and inputs on
Tanzania, including University of Dar how the OHS registration and
es Salaam lecturers and retired senior inspection activities are efficiently
government officials who worked managed in order to reduce the
with, or have an interest in, the OHS OHS accidents and diseases in
activities. workplaces.

4. Review of risk analysis system To assess the extent to which


and OHS data the OSHAs risk based inspection
Review of the OSHA risk rating system. system is compatible with the
management information system
Analysis of the OHS data, the OSHAs in place and reflects the actual
accident database in Zones and OSHA- inspections activities/operations.
HQ and effective reporting system in
place.
5. Performance data analysis To gather evidence about which
Analysis of the OSHAs performance system/ mechanism is in place
data, annual targets, performance which enables MoLE to assess
indicators, performance reports and effectively the performance of
action taken to improve. OSHA. Also what kind of action has
been taken by MOLE to improve
the performance of OSHA and how
to determine how effective they
are in making follow up.
6. Document review To assess the administrative and
Review of documents from the OSHA, strategic context of enforcement
MOLE and from other stakeholders of registration and inspections
such as ILO. These documents include conducted.
OHS policy, Act, strategic planning,
daily operational documents, research
papers, studies, conversions, articles
and Standard operating procedures
relating to OHS.
7. Focus Group meeting and fact To establish their perceptions
clearance on the contents of the report by
One day focus group meeting which adding inputs and clear the facts.
involved audited entities and other key Also it enables the participatory
stakeholders on OHS issues. approach which enhances
ownership of the report. This has a
large impact in implementation of
the recommendations.

78
8. Questionnaire
A total of 307 questionnaires were To establish the perception
distributed to employers (27), of the employers, employees
employees (167) and OHS Committees and OHS committees and
and representatives (113) in 27 visited representatives about the
workplaces. efficiency and effectiveness of the
implementation of OHS legislation
and standards in workplaces.
9. Workplaces visits/observation
27 workplaces were visited from four To observe the working
regions of Dodoma, Mwanza, Dar es environment, provision of
salaam and Arusha. protective gears, existence of OHS
Committees and Representatives,
confirm some of the information
gathered during the interviews
and documentary reviews.

79
Appendix three: Legislations concerning OHS in Tanzania

1. Occupational Health and Safety Act No. 5 of 2003


This Act repealed the Factories Ordinance Cap. 297 of 1950. The objectives
of this Act is to provide for the safety, health and welfare of persons at
work in factories and other places of work; to provide for the protection
of persons other than persons at work against hazards to health and safety
arising out of or in connection with activities of the persons at work.

OHS Act applies to all establishments in the private and public sector, local
government services and public authorities.

National OHS legislation includes provisions applicable to the following


branches of economic activity: Construction, Commerce and offices,
Agriculture etc.

Similarly, National OHS legislation includes provisions concerning the


following occupational hazards: Air pollution, Noise, Ionizing radiations
and chemicals.

Apart from the OHS Act No.5 of 2003 there have been some enactment of
other major laws and regulations on OHS which are still operational; these
are;-

2. The Factories (Building Operations and Works of Engineering


Construction) Rules of 1985 which makes provisions for safety, health and
welfare of persons engaged in building operations and works of engineering
construction undertaken.

3. The Woodworking Machinery Rules, 1955 which makes provisions for all
factory premises or other workplaces in which woodworking machinery
such as circular saw, plain band saw, planning machine, vertical spindle
moulding machine, chain mortising machine, is used.

4. The Factories (Electricity) Amendment rules, 1985 which extends and


applies to the generation, conversion, switching, controlling, regulating,
distribution, construction and maintenance of transmission and service
lines, power stations and sub-stations, and safe use of electrical energy in
any factory and in any premises, place, process, operation or work.

5. The Factories (Occupational Health Services) Rules, 1985 which makes


provisions for surveillance of the factors in the working environment which
may affect the workers, information and training related to safety and
health, organizing curative health services, guidance of the handicapped
workers, welfare related activities, keeping and reviewing records of

80
health and safety and first aid services.

6. Workmens Compensation Ordinance, 1949 which makes provisions for


compensation or benefits due to injuries or diseases or death arising in the
course of employment.

7. The Factories (Occupational Health and Safety Services Fees) rules,


2001 which stipulate the fees for various occupational health and safety
services rendered by the Occupational Safety and Health Authority.

8. The Notification of Accidents and Occupational Diseases Ordinance of


1953, Cap 330 requires all accidents and diseases arising from the cause
of employment to be reported by either the employer or employee(s) and
registered by MOLE under labour division.

All the above mentioned statues are administered by Occupational Safety


and Health Authority (OSHA) under the Ministry of Labour and Employment.

9. The Employment and Labour Relations Act, 2004 provides procedures,


guidance and directives on how to handle issues arising from workplace
between the employer and employee(s) aiming to harmonize their
relationship and how to solve conflicts amicably.

10. Workmens Compensation Act, 2008 stipulates the procedures and time
frame which should be used to pay compensation to the person affected in
due of his/her employment.

Also, in existence is the OHS national policy which has adopted the tripartite
approach involving the government, employers and employees.

Apart from the OHS Act of 2003, there are other principal legislations
related to OHS; which are The Atomic Energy Act (2003), The Industrial
and Consumer Chemicals Act (1985), The Tropical Pesticides Research
Institute Act (1979), and The Pharmaceuticals and Poison Act (1978).

11. Other laws which ensure compliance to either safety or health before
licenses are issued to all business enterprises prior to commencing
operations include:
i) The Public Health (Sewerage and Drainage) Act. CAP 336
ii) The Mines Act; CAP 123
iii) The Food (Control and Quality) Act; CAP 344
iv) The Plant Protection Act; CAP 133

81
v) The Protection from Radiation Act; CAP 188
vi) Marine Parks and Reserves Act; CAP 146
vii) The Road Traffic Act CAP 168
viii) Local Government (Urban Authorities) Act; CAP 288
ix) The Road Traffic Act; CAP 168
x) The Environmental Management Act; CAP 191

82
Appendix Four: SADC Charter and Protocol on Health

SADC member states commit themselves to upholding the rights in the charter
and protocols outlined below. Specifically every worker in the Region has
the right to health and safety at work and to a healthy and safe environment
that sustains human development, and Workers have the right to services
that provide for the prevention, recognition, detection and compensation of
work related illness or injury, including emergency care, with rehabilitation
and reasonable job security, after injury and adequate inflation adjusted
compensation.

ARTICLE 9: PERSONS WITH DISABILITIES

Member States shall create an enabling environment such that all


persons with disabilities, whatever the origin and nature of their
1. disability, shall be entitled to additional concrete measures aimed at
improving their social and professional integration.

The measures shall relate to, in particular, according to the capacities


of beneficiaries, vocational training, accessibility and mobility, means
2. of transport and housing and appropriate organization of work and
workplaces to take into account their needs.
ARTICLE 10: SOCIAL PROTECTION
Member States shall create an enabling environment so that every
worker in the Region shall have a right to adequate social protection
1. and shall, regardless of status and the type of employment, enjoy
adequate social security benefits.
Persons who have been unable to either enter or re-enter the labour
2. market and have no means of subsistence shall be entitled to receive
sufficient resources and social assistance.
ARTICLE 11: IMPROVEMENT OF WORKING AND LIVING CONDITIONS
Member States shall create an enabling environment so that:
Harmonization of minimum requirements laid down in labour legislation
and in particular the introduction of equitable basic working and
living conditions, the specifications of minimum rest periods, annual
paid leave, compassionate leave, paid maternity leave, occupational
(a)
health and safety protection, and stipulation of acceptable rules and
compensation for overtime and shift work, are achieved;
Every worker in the Region shall have a right to a weekly rest period
(b) and annual paid leave, the duration of which must be progressively
harmonized in accordance with the national practice; and

83
The conditions of employment for every worker in the Region shall
(c) be stipulated in national law, a collective agreement or a contract of
employment.
ARTICLE 12: PROTECTION OF HEALTH, SAFETY AND ENVIRONMENT
Member States shall endeavour to create an enabling environment so that:
Subject to paragraphs (b) to (g) of this Article, every worker in the
Region has the right to health and safety at work and to a healthy
(a)
and safe environment that sustains human development and access to
adequate shelter;
Employers shall provide safe workplaces that do not pose a risk to the
(b)
health of employers or any other person exposed;
Basic work environment and occupational health and safety standards
(c)
as set out in ILO Convention No. 155 are provided;
Basic work environment and occupational health and safety standards
(d)
as set out in ILO Convention No. 155 are provided;
The organization of occupational health and safety shall be on the
(e) basis of bipartite and tripartite co-operation and the full
participation of all parties;
Workers have a right to information on workplace hazards and the
(f) procedures being taken to address them, and to appropriate health
and safety training in paid working time;

Workers have the right to stop work that they reasonably believe poses
(g) an immediate and serious risk to their health, safety or physical well
being according to ILO Convention No. 155;

Workers have the right to services that provide for the prevention,
recognition, detection and compensation of work related illness or
(h)
injury, including emergency care, with rehabilitation and reasonable
job security after injury and adequate inflation adjusted compensation;
Employers control and are liable for work related environmental risks
(i)
according to the polluter pays principle;
Workplace bases health service for workers is accessible, affordable
(j)
and equitable, and is provided on a professional ethical basis; and

Economic and investment measures take into consideration health,


(k)
safety and environmental standards.

84
Appendix Five: List of Officials Participated in the Stakeholder Conference

The following is a list of participants who attended the Focus Group Discussion
prepared by NAOT on 30th November 2012 to discuss and deliberate on the
preliminary findings of the Performance Audit on Management of Occupational
Health and Safety Services in Tanzania.

NAME OF THE
S/N ORGANIZATION DESIGNATION
PARTICIPANT

Dr. Akwilina Occupational Safety Chief Executive


1.
Kayumba and Health Authority Officer
(OSHA)
Dr. Abdulssalaam Occupational Safety Ag. Director of
2.
Omary and Health Authority Training Research
(OSHA) and Statistics
Mr. Alex E. Ngatta Occupational Safety Director of
3.
and Health Authority Occupational Health
(OSHA) and Safety
Government Chemist
Ms. Magdalena G.
4. Laboratory Authority Chemical Analyst
Mandari
(GCLA)

Mr. Godfrey Kazi Contractors ENO


5.
Registration Board
(CRB)
Head of
6. Ms. Maria Mwakasege DANIDA
Administration

7. Mr. George Chali OSHA Southern Ag. Zone Manager


Highland Zone

8. Dr. Kassim M. Trade Union Congress Director of OHS


Kapalata of Tanzania (TUCTA)

Ms. Justina Lyela Association of Director of Policy and


9.
Tanzania Employers Advocacy
(ATE)
Mr. Israel National Bureau of
10. Statistician
Mwakapalala Statistics (NBS)

85
11. Ms. Tumaini Mtitu Tanzania Bureau of Manager - Standards
Standards (TBS)
Mr. Josephat M. Ministry of Labour and Assistant Labour
12.
Lugakingira Employment (MoLE) Commissioner

13. Mr. Saul H. Kinemela Ministry of Labour and Labour Commissioner


Employment (MoLE)

14. Mr. Renatus Nyanda Tanzania Breweries Safety Manager


Limited (TBL)

86
Appendix Six: Summary of Questionnaires Responses

PART A: EMPLOYEES RESPONSES

A tabulated summary of responses on the 167 administered questionnaires


to Employees in the four regions of Dar es Salaam, Dodoma, Mwanza and
Arusha are as shown below. The questionnaires had thirteen questions which
covered issues of Occupational Health and Safety Services on inspection,
registration, reporting of incidences and the performance of OHS Committees
and Representative.

Percentage
Question Number of Type of
Question of the
Number Responses Responses
Response

How many times Never 30


have you seen OSHA Once 28
officials inspecting Twice 11
1.
your workplace Three times or
130 31
during the last more
three years?
Total 100
In your opinion, Not at all 37
to what extent
OSHAs inspections
To some extent 40
contribute
2.
in improving 86
the working To a large
23
environment at your extent
workplace? Total 100
Both of
them are not 35
available
Are the OHS Only OHS
representatives representative 25
and/or OHS is available
3.
Committees
Only OHS
available at your 117 13
Committee
workplace?
Both of them
27
are in existence
Total 100

87
Percentage
Question Number of Type of
Question of the
Number Responses Responses
Response
4. In your assessment, Not at all 47
are the OHS To some extent 36
representatives
and/or OHS 128 To a large 17
Committees extent
effectively
performing their
duties (review
effectiveness of
OHS measures,
identify potential
hazards, investigate
complaints by
employees, report
accidents, injuries
illness death to
inspectors etc.) at
your workplace? Total 100
Never 33
How many 1-5 incidences in
incidences 43
year
(occupational
accidents and 6-10 incidences
5. 4
diseases) occurred in year
at your workplace 125 More than ten
during the last incidences in 20
three years? year
Total 100
Never 67
How many times
do you report 1-5 incidences
22
incidences per annum
(occupational 6-10 incidences
6
6. accidents and per annum
diseases) occurred 82 More than ten
at your workplace incidences per 5
to OSHA during the annum
last three years?
Total 100

88
Percentage
Question Number of Type of
Question of the
Number Responses Responses
Response
Yes
OHS induction
course during 23
recruitment
Medical
examination 34
each year
136
Attending OHS
20
training Courses
OHS induction
Have you been course during 23
involved in the recruitment
7. following OHS Total 100
activities during the No
last three years? OHS induction
course during 25
recruitment
Medical
examination 20
each year
167 Attending OHS
29
training Courses
OHS induction
course during 26
recruitment
Total 100
In your opinion, do Not at all 31
you think that your To some extent 38
employer is taking
To a great
action to ensure 31
extent
8. that corrective
measures issued 125
by OSHA inspectors Total 100
are adequately
implemented?
Within 24 hours 25
2 7 days 5
Does your employer 8 30 days 10
report (orally) 31 180 days 0
9. the incidences of More than 180
accidents to OSHA 0
125 days
timely? Not reported
60
at all
Total 100

89
Percentage
Question Number of Type of
Question of the
Number Responses Responses
Response
Within 24 hours 17
2 7 days 8
Does your employer
8 30 days 0
report (by filling
31 180 days 0
prescribed forms)
10. More than 180
the incidences of 1
accidents to OSHA 121 days
timely? Not reported
74
at all
Total 100
Does your Yes 38
workplace have a No 62
11.
written policy on 126
Total 100
OHS?
Not at all 60
Is the policy on OHS
To some extent 25
communicated to
12. To a great
all employees and 15
126 extent
followed?
Total 100
Is the employer Not at all 18
ensuring that all
To some extent 56
employees are
13. provided with To a great
26
adequate safety 126 extent
gear/equipment in Total 100
accidents?

90
PART B: EMPLOYERS RESPONSES

The tabulated summary of the response on the 22 administered questionnaires


to Employers at the work places visited in the four regions of Dar es Salaam,
Dodoma, Mwanza and Arusha. The questionnaires had sixteen questions which
covered the basic issues of work places registrations, reporting of incidences
and the performance of OHS Committees and Representative.

Question Number Percentage


Type of
Number Question of of the
Response
Responses Responses
Never 6
How many times have Once 17
you been inspected by Twice 8
1.
OSHA during the last Three times or
20 69
three years? more
Total 100
How many follow- Never 5
ups inspection were Once 14
conducted by OSHA Twice 10
2.
during the last three Three times or
21 71
years? more
Total 100
Not at all 13
Is the Quality of
inspection reports To some extent 45
3. issued by OSHA
To a large
satisfactory? 22 42
extent
Total 100
Not
implemented 0
What is the rate of at all
Implementation of the Partly
4. 42
corrective measures implemented
19
issued by OSHA
Fully
inspectors? 58
implemented
Total 100
To what extent OSHAs Not at all 0
inspections contribute
To some extent 43
in improving the
5.
working environment at 21 To a large
your workplace? 57
extent
Total 100

91
Question Number Percentage
Type of
Number Question of of the
Response
Responses Responses
Do you have the training No 10
6. plan on OHS issues? Yes 90
21
Total 100
No 20
One-quarter of
38
the staff
How many staff have
Half of them 28
7. been trained on OHS
issues? 13 More than
three-quarter of 14
all staff
Total 100
Never 29
1-5 incidences
43
How many incidences in year
(occupational accidents
and diseases) occurred 6-10 incidences
8. 19
at your workplace in year
21
during the last three More than ten
years? incidences in 9
year
Total 100
Never 72
How many times do 1-5 incidences
you report incidences 28
per annum
(occupational accidents
and diseases) which 6-10 incidences
0
9. occurs at your per annum
workplace to OSHA 18
during the last three More than ten
years? incidences per 0
annum
Total 100

Within 24 hours 19

2 7 days 13
Do you report (orally)
8 30 days 0
the incidences of
10. accidents to OSHA 31 180 days 6
timely? More than 180
16 0
days
not reported
62
at all
Total 100

92
Question Number Percentage
Type of
Number Question of of the
Response
Responses Responses
Within 7 days 36
8 30 days 0
Do you report (by filling 31 180 days 7
prescribed forms) the 181 365 days 0
11. incidences of accidents More than 365
to OSHA timely? 0
14 days
Not reported
57
at all
Total 100
Does OSHA make Not at all 43
a follow-up of the
incidents which have To some extent 32
12. occurred and/or
To a large
reported? 16 25
extent
Total 100
To what extent OSHA Not at all 26
activities (inspections,
monitoring and
guidance) contribute To some extent 32
in strengthening the
effectiveness of OHS
13.
committee and OHS
19 To a large
representatives in 42
extent
addressing issues of
occupational accidents Total
and diseases at your 100
workplace?
Have you ever been Never 81
punished by OSHA for 1-2 times 19
14. not complying with OHS More than three
issues? 21 0
times
Total 100
Prosecution 0
Fined 19
Prohibition 0
How were you punished?
15. Enforcement
0
notices
Both of them 0
16
None of above 81
Total 100

93
Question Number Percentage
Type of
Number Question of of the
Response
Responses Responses
Non-registration 25
Failure to have
a designate OHS 25
representative
Non-preparation
of a written 0
policy on OHS
Non-
establishment
0
of OHS
committee
Failure to
provide
protective 25
gear/equipment
If yes, for what kind of to employees
16. offence? Failure to
conduct risk 0
analysis on OHS
Failure
to report
4 incidences/ 25
accidents within
24 hours (orally)
Failure to
submit a report
to the chief
inspector on
0
the incidences/
accidents
occurred in
workplace
All of above 0
Total 100

94
PART C: OHS COMMITTES RESPONSES

The tabulated summary of the response on the 113 administered questionnaires


to the OHS Committees at the work places visited in the four regions of Dar
es Salaam, Dodoma, Mwanza and Arusha. The questionnaires had thirteen
questions which covered the basic issues of work places registrations, reporting
of incidences and the performance of OHS Committees and Representative.

Question Percentage
Number of Type of
Number Question of the
Responses Response
Responses
Never 13
How many times Once 5
have you seen OSHAs Twice 24
1. officials inspecting your
workplace during the 109 Three times or
58
last three years? more
Total 100
In your opinion, to Not at all 22
what extent OSHAs To some extent 58
inspections contribute To a large
2. 20
in improving the 88 extent
working environment at
your workplace? Total 100
Does the OHS Not at all 2
Committee comprise To some extent 30
members from
3. To a large
different departments/ 68
109 extent
sections/units within
your workplace? Total 100
Does the OHS Not at all 41
Committees in your To some extent 31
4. workplace have the
To a large
operational plan and 109 28
extent
perform its activities
according to that plan? Total 100
Does the OHS Not at all 27
Committee conducts
regular meetings To some extent 57
5. as planned in order
to discuss issues 108 To a large
16
related to OHS in your extent
workplace? Total 100
6. Does the OHS Not at all 21
Committee make a To some extent 54
thorough follow up 92 25
of the implementation To a large
of the corrective extent
measures suggested by
OSHAs inspectors? Total 100

95
Question Percentage
Number of Type of
Number Question of the
Responses Response
Responses
Does the OHS Not at all 41
Committee prepare To some extent 46
monthly/quarterly
7. To a large
reports on the OHS 13
78 extent
activities in your
workplace? Total 100
Does the OHS Not at all 56
Committee ensure To some extent 30
that all incidences To large extent 14
which happened in
8.
your workplace are
109
reported to OSHA and Total 100
take necessary steps to
address them?
In your assessment, is Not at all 23
the OHS Committee To some extent 52
effectively performing To a large
its duties (review extent 25
effectiveness of OHS
measures, identify
9. potential hazards,
investigate complaints
113
by employees, report
Total 100
accidents, injuries
illness death to
inspectors etc.) at your
workplace?
Are you aware of Yes 77
the existence of OHS No 23
10. trainings provided by
108
OSHA? Total 100

Never 36
Have you attended any 1-2 times 64
OHS training provided
11. Three times or
by OSHA for the last 0
108 more
three years?
Total 100
Not satisfactory 32
How do you rank the Satisfactory 53
OHS training courses
12. Very
provided by OSHA? 15
108 satisfactory
Total 100

96
Question Percentage
Number of Type of
Number Question of the
Responses Response
Responses
Are the guiding Not satisfactory 31
materials issued by
OSHA on how OHS Satisfactory 59
13. Committee can Very
perform its duties 108 10
satisfactory
adequate enough and
satisfy your needs? Total 100

97
Appendix Seven: Computations made in the report

1. Table 3.1: Number of registered work places in relation to the


unregistered work places in Tanzania

The information used in this table were obtained from the Occupational Safety
and Health Authority (OSHA) database for the period of 2009 to 2012

% of registered work places was determined by using the following formula:

% of registered workplaces= No. of registered workplaces in a year x100%


No. of approximated workplaces

2. Table 3.3: Fatality rate by sector

The information used in this table were extracted from OSHA report on
Occupational Accidents by sector (The data are based on Accident notification
survey, 2008 based on 6,614 samples all around the regions in Tanzania23).

The fatality rate in Percentage was determined by using the following formula:

Fatality Rate (%) = No. of fatal injuries in a particular sector x100%


Total No. of employees in a particular sector

3. Table 4.1: Potential fees to be collected at one time when the


workplace is registered

The information used in this table were extracted from the Factories
(Occupational Safety and Health Services fees rules of 2001 and the Occupational
Safety and Health Authority (OSHA) database (estimated number of workplaces
in Tanzania) for the period of 2012.

Potential fees to be collected (in TShs.) were determined by using the


following formula:

Potential fee to be collected (in TShs.) = (Number of registered workplaces)


x fee per workplace (rate to be paid in TShs.)

Potential fees to be collected annually


The information used in this table were extracted from the Factories
(Occupational Safety and Health Services fees rules of 2001 and the Occupational
Safety and Health Authority (OSHA) database (estimated number of workplaces

23 Estimated from Accident Notification Survey, 2008

98
and workers in Tanzania) for the period of 2012.

Potential fees to be collected annually (in TShs.) were determined by using


the following formula:

Potential fee to be collected annually (in TShs.) = (Number of inspected


workplaces) x fee per workplace (rate to be paid in TShs.)

4. Table 4.4: Comparison of the budget allocated for OHS activities and the
estimated number of existing workplaces

The information used in this table were extracted from the OSHAs Medium
Term Expenditure Framework MTEF (2008/9 2010/11) and estimated number
of registered workplaces (2009 2012) provided by OSHA.

Percentage increase (%) (Budget) was determined by using the following


formula:

Percentage (%)

%age increase (Budget) = (Current year budget Previous year budget) x 100%
Previous year budget

Percentage increase (%) (Registered Workplaces - RW) was determined by


using the following formula:

%age increase (registered workplaces) = (Current year24 Previous year25) x 100%


Previous year26

5. Table 4.5: Shows the current number of OSHAs staff and the required
number of staff in 2012

The information used in this table were obtained from the Occupational Safety
and Health Authority (OSHA) - Job-list (JOB LIST FORM No.4) d for the period
of 2012

Percentage difference (%) was determined by using the following formula:

Percentage difference (%) = (Required Current No. of staff) x 100%


Current No. of staff

24 Number of Registered Workplaces


25 Number of Registered Workplaces
26 Number of Registered Workplaces

99
6. Table 4.6: Comparisons of the number of workplaces per inspectors,
number of workplaces per vehicle and the zonal geographical areas

The information used in this table were obtained from the Occupational
Safety and Health Authority (OSHA) Number of staff, number of registered
workplaces and number of vehicles for the period of 2012

Number of workplaces / inspectors was determined by using the following


formula:

Number of workplaces / inspectors = No. of registered workplaces in a year


Total No. of inspectors

Number of workplaces /vehicles was determined by using the following formula:

Number of workplaces /vehicles = No. of registered workplaces in a year


Total No. of vehicles

7. Table 4.7: Comparisons of the number of inspections per inspectors and


the number of inspection per workplaces in 2012

The information used in this table were obtained from the Occupational Safety
and Health Authority (OSHA) Number of inspectors, approximated number of
registered workplaces and total number of inspections for the period of 2012

Number of inspections /inspectors was determined by using the following


formula:

Number of inspections /inspectors = Total No. of Inspections conducted


Total No. of inspectors

Number of inspection / workplaces was determined by using the following


formula:

Number of inspection / workplaces = Total No. of Inspections


No. of approximated workplaces

100
Appendix Eight: Tables and calculations made

Potential fees to be collected at one time when the workplace is


registered
Estimated Potential Fee
Source/ Rate Collected
Number of to be collected
services (TSHS.) (TSHS.)
workplaces (TSHS.)
Registration of
27,500 154,000 3,850,000,000 664,000,000
Workplaces
Total 3,850,000,000 664,000,000
Source: OSHA and computations done by the audit team based on the
information gathered in 2012

Potential fees to be collected annually 27

Estimated Potential Fee to


Source/ Rate Collected
Number of be collected
services (TSHS.) (TSHS.)
workplaces (TSHS.)
Compliance
27,500 76,000 2,090,000,000 237,000,000
licensing
Inspection of
Workplaces
Industrial
27,500 45,000 1,273,500,000 6,500,000
Hygiene
Electrical Test 27,500 136,000 3,740,000,000 310,696,000
General
Workplace 27,500 100,000 2,500,000,000 0
inspections
Medical
687,50027 5,000 3,437,500,000 365,462,000
Examination
Total per annum 13,156,000,000 920,000,000
Source: OSHA and computations done by the audit team based on the
information gathered in 2012

27 Estimated 27,500 workplace and each has an average of 25 employees

101
Number of staff and inspection tools at OSHA offices (both HQ and Zones)
Estimated No. of
No. of Number of Number of
Zones No. of planned
vehicles inspection inspectors
workplaces inspection
Coast 3900 4,350 2 - 35
Northern 325 3,170 2 - 6
Southern 6
600 2,598 1 450
Highland
Central 400 - 1 250 3
Lake 600 3,100 1 - 7
Source: OSHAs fixed register, staff establishment and interviews with OSHA
officials

102
Plant inspection tools Lifting Appliances
Number of
Planned number of Available
Zones Inspections per
inspections tools
tool
Coast - - -
Northern 600 1 600
Central 100 - -
Lake 800 1 800

Electrical inspection tools Earth resistance tester


Number of
Planned number of Available
Zones Inspections per
inspections tools
tool
Coast - - -
Northern 600 1 600
Central 200 1 200
Lake 800 1 800

Industrial hygiene inspection tools Sound level meter


Number of
Planned number of Available
Zones Inspections per
inspections tools
tool
Coast - - -
Northern 600 1 600
Central 480 1 480
Lake 800 1 800

Number of trainings conducted in relation to sanctions applied to


defaulters 28
% of
Average No. employees
of employee attended
No. of No. of No. of No. of
that could training
Year trainings trainings employee registered
attend from against
planned conducted attended workplace
registered potential in
workplaces28 registered
workplaces
2009/10 49 39 655 2,609 5,218 13
2010/11 65 52 873 5,045 10,090 9
2011/12 98 64 1,075 6,599 13,198 8
Source: OSHAs training plans, training reports and interviews with OSHA
officials
28 It has been assumed that on average an employer would send two
employees. Average number of employees that could attend has been
derived from registered workplaces in a year multiplied by two.

103
OHS inspection plans
Overall Individual zones planned units
Type of planned
Total
Inspections number Arusha Mbeya Mwanza Dar Dodoma
of units
Boilers
300 70 48 50 100 10 268
inspection
Steam
receivers 100 500 450 550 750 - 2250
inspection
Air
receivers 1,500 800 600 800 1000 200 3200
inspection
Sterilizers/
50 1000 900 1,100 1,500 - 4500
jackets
Lifting
3000 600 600 800 - 100
application
Electrical
4000 800 600 600 1000 200 3000
inspection
Source: OSHA Business plans

104
Controler & Auditor General

Samora Avenue / Ohio Street


P.O.Box 9080,
Dar Es Salaam
Tanzania
Telephone: +255 22 2115157/8
Fax: +255 22 2117527
E-mail: ocag@nao.go.tz
Website: http://www.nao.go.tz

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