Documentos de Académico
Documentos de Profesional
Documentos de Cultura
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
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
iii
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
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
iv
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 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.
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
ix
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.
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.
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
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.
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.
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.
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.
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.
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.
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:
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.
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
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.
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.
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).
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.
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
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.
The audit was based on the analysis of answers to three main questions. The
following are the audit questions used in this audit:
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.
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
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.
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).
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.
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.
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 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.
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
Chapter three presents the audit findings on Occupational Health and Safety
mainly focusing on workplaces registration and inspections in Tanzania.
9
CHAPTER TWO
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.
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 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).
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
Employees
Required to comply with OHS laws, report any incidents to the supervisors and follow their instructions
Source: National OHS Policy of 2009
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.
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.
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.
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.
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)
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 2.3 below shows the resources which are at the disposal of OSHA.
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),
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.
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.
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
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.
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
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)
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.
19
2.5 Registration Process of workplaces
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.
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.
21
The cycle of Inspection Procedures can be presented as summarized in the
figure below:
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
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.
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.
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:
Evaluation on the OHS activities and the performance of OSHA, zonal offices
and inspectors is also done at least annually.
23
CHAPTER THREE
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.
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:
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
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.
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.
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.
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.
26
workplaces expected to be closed, and this results in OSHAs failure to update
its list of workplaces under operation.
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.
27
scarcity of resources, it was expected that while conducting inspections the
focus should be on addressing potential risks in OHS at workplace.
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.
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.
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.
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.
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.
30
relation to occupational accidents sectorwise is also different.
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.
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.
31
inspection.
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:
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:
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
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 3.7 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.
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 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.
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:
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
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.
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.
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.
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:
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
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.
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.
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.
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 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.
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.
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.
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.
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.
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
4.1 INTRODUCTION
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.
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.
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.
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.
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
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.
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.
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.
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:
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
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.
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.
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.
54
5.3 EVALUATION OF OHS ACTIVITIES
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 plans
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.
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.
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:
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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,
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
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.
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.
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
The Occupational Safety and Health Authority (OSHA) should ensure that
they:
The Occupational Safety and Health Authority (OSHA) should ensure that:
67
4. Develop guidelines on reporting the results of OHS inspections. The
guide should detail the minimum requirements of the OHS inspection
report.
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.
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;
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 ensure that:
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
69
3. Monitors and evaluates periodically, the performance of OHS activities
in Tanzania performed by OSHA and other stakeholders;
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
REFERENCES
11. Occupational Safety and Health Authority (OSHA), [Tanzania] 2012. The
First and Second Quarter Report for the Financial Year 2011/2012 in
Southern Highlands Zone, Tanzania.
71
13. Occupational Health and Safety Authority (OSHA), [Tanzania]. 2010.
Taarifa ya utekelezaji wa robo ya mwaka wa fedha 2010/2011. Julai
September 2010. Dar es Salaam, Tanzania.
72
26. Australian Government, [Australia]. 2004. Measuring Safety,
Rehabilitation and Compensation Performance: Positive Performance
Indicators. Comcare, Australia.
73
APPENDICES
74
Appendix One: Audit Questions and Sub Questions
This report provides the result from applying the following two audit questions:
Sub Questions
75
Audit Question 2: Does OSHA use its resources efficiently? 2122
Sub Questions
Sub Questions
76
Appendix Two: Methodology
The main elements of our fieldwork, which took place between April and
December 2012, were:
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.
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
OHS Act applies to all establishments in the private and public sector, local
government services and public authorities.
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;-
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.
80
health and safety and first aid services.
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.
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
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
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
86
Appendix Six: Summary of Questionnaires Responses
Percentage
Question Number of Type of
Question of the
Number Responses Responses
Response
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
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
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
The information used in this table were obtained from the Occupational Safety
and Health Authority (OSHA) database for the period of 2009 to 2012
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:
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.
98
and workers in Tanzania) for the period of 2012.
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 (%)
%age increase (Budget) = (Current year budget Previous year budget) x 100%
Previous year budget
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
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
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
100
Appendix Eight: Tables and calculations made
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
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