The Occupational Health and Safety Act

THE OCCUPATIONAL HEALTH AND SAFETY ACT,
2025
ARRANGEMENTS OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Section
1. Short title
2. Interpretation
3. Application
PART II
THE OCCUPATIONAL HEALTH AND SAFETY INSTITUTE
4. Continuation of Occupational Health and Safety Institute
5. Functions of Institute
6. Board of Institute
7. Functions of Board
8. Director-General, Secretary and other staff
PART III
HEALTH AND SAFETY COMMITTEES
9. Establishment of health and safety committee
10. Composition of health and safety committee
11. Functions of health and safety committee
12. Health and safety representative
PART IV
HEALTH AND SAFETY AT WORKPLACE
13. Determination of reasonably practicable
14. Duties of employer at workplace
15. Employer to inform Institute of ill-health of employee
16. Duties of employee at workplace
17. Duties of employer and self-employed persons to persons
other than employees
18. Duties of designer, manufacturer, supplier and importer
19. Duties of architect and engineer
20. Compliance with standards
21. Duty not to interfere with or misuse appliance, convenience
or other thing
22. Prohibition of dismissal or victimisation of employee
Occupational Health and Safety [No.

ere with or misuse appliance, convenience
or other thing
22. Prohibition of dismissal or victimisation of employee
Occupational Health and Safety [No.

16 of 2025 229
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K80.00 each.

16 of 2025 229
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K80.00 each.

230 No. 16 of 2025 Occupational Health and Safety
PART V
OCCUPATIONAL HEALTH AND SAFETY SERVICES
23. Risk assessment of workplace
24. Prohibition of employment of person without medical
examination certificate
25. Medical examination or surveillance
26. Medical examination
27. Issuance of medical examination certificate
28. Confidentiality of medical examination and medical
surveillance results
29. Validity of medical examination certificate
30. Renewal of medical examination certificate
31. Revocation of medical examination certificate
32. Amendment of medical examination certificate
33. Duplicate medical examination certificate
34. Medical surveillance
PART VI
ENFORCEMENT
35. Authorised officer
36. Powers of authorised officer
37. Obstruction of authorised officer
38. Arrest without warrant
39. Suspension of workplace activities
40. Closure of workplace
PART VII
GENERAL PROVISIONS
41. Exemption
42. Disclosure protection
43. Appeals
44. Register
45. Publication of copies of register
46. General offences
47. General penalty
48. Administrative penalty
49. Offence by principal officers of body corporate or
unincorporated body
50.

ter
46. General offences
47. General penalty
48. Administrative penalty
49. Offence by principal officers of body corporate or
unincorporated body
50.

Prohibition of publication or disclosure of information to
unauthorised person
51. Immunity from execution of judgement against Institute assets
52. Guidelines
53. Regulations
54. Repeal of Act No. 36 of 2010, and savings and transitional
provisions
SCHEDULES

judgement against Institute assets
52. Guidelines
53. Regulations
54. Repeal of Act No. 36 of 2010, and savings and transitional
provisions
SCHEDULES

Occupational Health and Safety [No. 16 of 2025 231
GOVERNMENT OF ZAMBIA
ACT
No. 16 of 2025
Date of Assent: 23rd December, 2025
Enactment
Short title
An Act to continue the existence of the Occupational Health
and Safety Institute and re define its functions; re
constitute the Board of the Occupational Health and Safety
Institute and re-define its functions; provide for the
establishment of health and safety committees at
workplaces; regulate health and safety of persons at
workplaces; repeal and replace the Occupational Health
and Safety Act, 2010; and provide for matters connected
with, or incidental to, the foregoing. [ 30th December, 2025
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY PROVICIONS
1. This Act may be cited as the Occupational Health and Safety
Act, 2025. 2.

, 2025
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY PROVICIONS
1. This Act may be cited as the Occupational Health and Safety
Act, 2025. 2.

In this Act, unless the context otherwise requires —
“associate” has the meaning assigned to the word in the Anti-
Corruption Act;
“architect” means a person registered as an architect under
the Zambia Institute of Architects Act;
“authorised officer” means a person appointed as an authorised
officer under section 35 and includes—
(a) an inspector appointed under the Minerals Regulation
Commission Act, 2024;
Interpretation
Cap 91
Cap. 442
Act No. 14
of 2024

tion 35 and includes—
(a) an inspector appointed under the Minerals Regulation
Commission Act, 2024;
Interpretation
Cap 91
Cap. 442
Act No. 14
of 2024

(b) an inspector appointed under the Factories Act;
(c) an inspector appointed under the Environmental
Management Act;
(d) an inspector appointed under the Public Health Act;
(e) an authorised officer appointed under the Food Safety
Act;
(f) a radiation safety officer appointed under the Ionising
Radiation Protection Act;
(g) a person authorised by the Commission to inspect or
investigate a matter under the Workers Compensation
Act; and
(h) an inspector appointed under the Energy Regulation
Act;
“Board” means the Board of the Occupational Health and
Safety Institute constituted under section 6;
“Chairperson” means a person appointed as Chairperson of
the Board under section 6;
“citizen” has the meaning assigned to the word in the
Constitution;
“Civil Service” has the meaning assigned to the words in the
Service Commissions Act;
“contract of employment” has the meaning assigned to the
words in the Employment Code Act;
“convenience” includes water systems, bathroom, change
rooms and kitchen;
“court” has the meaning assigned to the word in the
Constitution;
“Defence Force” means the Defence Force established under
the Constitution;
“Director-General” means a person appointed as Director-
General under section 8;
“emoluments” has the meaning assigned to the word in the
Constitution;
“Emoluments Commission” means the Emoluments
Commission established under the Constitution;
Cap.

the meaning assigned to the word in the
Constitution;
“Emoluments Commission” means the Emoluments
Commission established under the Constitution;
Cap.

441
Cap. 204
Cap. 295
Cap. 303
Cap. 311
Cap. 271
Cap. 436
Cap. 1
Cap. 259
Cap. 268
Cap. 1
Cap. 1
Cap. 1
Cap. 1
232 No. 16 of 2025 Occupational Health and Safety

04
Cap. 295
Cap. 303
Cap. 311
Cap. 271
Cap. 436
Cap. 1
Cap. 259
Cap. 268
Cap. 1
Cap. 1
Cap. 1
Cap. 1
232 No. 16 of 2025 Occupational Health and Safety

“employee” has the meaning assigned to the word in the
Employment Code Act;
“employer” has the meaning assigned to the word in the
Employment Code Act;
“engineer” has the meaning assigned to the word in the
Engineering Institution of Zambia Act;
“exit medical examination” means a health assessment carried
out on an employee on the termination of a contract of
employment to assess hazards which might cause future
health impairment;
“health and safety committee” means a health and safety
committee established under section 9;
“health and safety representative” means a health and safety
representative elected under section 12;
“holder of a medical examination certificate” means a person
to whom a medical examination certificate is issued under
section 27 and includes an employee;
“imminent harm” includes—
(a) failure to comply with set occupational health and safety
standards;
(b) engaging unlicensed persons to carry out a workplace
activity;
(c) continuous emission of, poisonous, harmful, injurious or
offensive substances in the workplace;
(d) continuous accident, dangerous occurrence, or
occupational poisoning; and
(e) any other circumstance as the Institute may consider
necessary;
“in-employment medical examination” means a health
assessment carried out on an employee at periodic intervals
during employment which involves exposure to a particular
hazard to health;
“Institute” means the Occupational Health and Safety Institute
continued under section 4 of the Act;
“medical examination” means an examination carried out on
an employee by a medical doctor from the Institute to
determine the health status of that employee;
5
10
15
20
25
30
Cap.

n examination carried out on
an employee by a medical doctor from the Institute to
determine the health status of that employee;
5
10
15
20
25
30
Cap.

268
Cap. 268
Cap. 432
Occupational Health and Safety [No. 16 of 2025 233
35

268
Cap. 268
Cap. 432
Occupational Health and Safety [No. 16 of 2025 233
35

“medical examination certificate” means a certificate issued
under section 27;
“medical surveillance” means a planned programme of
examinations carried out on an employee which may
include clinical examinations, biological monitoring or
medical tests, analysis and interpretation of results for
purposes of prevention of ill health and injuries;
“national security service” means the national security services
established under the Constitution;
“occupational disease” means a disease contracted by an
employee as a result of that employee’s employment;
“occupational injury” means an injury suffered by an employee
as a result of that employee’s employment;
“ostensible supplier” means the person who acts as a
middleman between a supplier and the person to whom an
article, device, item, plant or substance for use at work is
supplied and who facilitates the supply of the article, device,
item, plant or substance;
“piece work” has the meaning assigned to the words in the
Employment Code Act;
“plant” includes—
(a) machinery, fixtures, fittings, equipment, appliances,
implements and tools;
(b) a component of machinery, fixtures, fittings,
equipment, appliances, implements and tools;
and
(c) anything fitted, connected or related to machinery,
fixtures, fittings, equipment, appliances,
implements and tools;
“post-employment medical examination” means a health
assessment carried out on a retired employee who worked
in a hazardous workplace, to assess hazards which might
cause future health impairments;
“pre-placement medical examination” means a health
assessment carried out on a prospective employee before
the prospective employee is employed or assigned to a
specific task that may involve a risk to the health of the
prospective employee or others;
Cap.

the prospective employee is employed or assigned to a
specific task that may involve a risk to the health of the
prospective employee or others;
Cap.

1
Cap. 268
234 No. 16 of 2025 Occupational Health and Safety

1
Cap. 268
234 No. 16 of 2025 Occupational Health and Safety

“relative” has the meaning assigned to the word in the Anti-
Corruption Act;
“repealed Act” means the Occupational Health and Safety
Act;
“risk assessment” means a systematic process used to identify,
quantify, evaluate and prioritise potential risks in relation to
occupational hygiene;
“trade union” means a trade union registered under the
Industrial and Labour Relations Act;
“Secretary” means a person appointed as secretary under
section 8;
“self-employed person” means any person who on their own,
or in partnership or association with any other person, is
engaged in an occupation and who receives from the
proceeds of that occupation any emolument;
“standard” has the meaning assigned to the word in the
Standards Act;
“substance” means any natural or artificial matter, whether
in solid, liquid, gas or vapour form;
“Vice-Chairperson” means a person appointed as Vice-
Chairperson of the Board under section 6;
“Workers’ Compensation Fund Control Board” means the
Workers’ Compensation Fund Control Board established
under the Workers’ Compensation Act;
“workplace” means any premises or place where a person
performs work;
“Zambia Bureau of Standards” means the Zambia Bureau of
Standards established under the Standards Act; and
“Zambia Compulsory Standards Agency” means the Zambia
Compulsory Standards Agency established under the
Compulsory Standards Act.

e Standards Act; and
“Zambia Compulsory Standards Agency” means the Zambia
Compulsory Standards Agency established under the
Compulsory Standards Act.

3. (1) This Act applies to all workplaces. (2) Despite subsection (1), this Act does not apply to the—
(a) Defence Force;
(b) National Security Services; and
(c) Civil Service. Cap. 91
Cap. 296
Cap. 269
Cap. 416
Cap. 271
Application
Cap. 416
Cap. 22
Occupational Health and Safety [No. 16 of 2025 235

es; and
(c) Civil Service. Cap. 91
Cap. 296
Cap. 269
Cap. 416
Cap. 271
Application
Cap. 416
Cap. 22
Occupational Health and Safety [No. 16 of 2025 235

PART II
THE OCCUPATIONAL HEALTH AND SAFETY INSTITUTE
4. (1) The Occupational Health and Safety Institute established
under the repealed Act is continued as if established under this Act
as a body corporate with perpetual succession and a common seal,
capable of suing and being sued in its corporate name and with
power, subject to the provisions of this Act, to do all acts and things
that a body corporate may, by law, do or perform. (2) The First Schedule applies to the Institute. 5.

rovisions of this Act, to do all acts and things
that a body corporate may, by law, do or perform. (2) The First Schedule applies to the Institute. 5.

(1) The functions of the Institute are to—
(a) conduct medical examinations for occupational health and
safety purposes;
(b) investigate and detect occupational diseases at workplaces;
(c) set and maintain standards for the protection of the health
and safety of employees at workplaces;
(d) provide occupational laboratory service;
(e) promote studies and carry out investigations and research
on occupational health and safety;
(f) prepare and maintain statistics on employee’s morbidity
and mortality;
(g) facilitate the conduct of health risk assessments and
occupational hygiene surveys in workplaces in order to
quantify the level of risks and advise on control measures;
(h) promote awareness and educational programmes relating
to occupational health and safety;
(i) collaborate with any registered training institution or
scientific body to develop human capital for occupational
health and safety;
(j)advise the Minister on matters relating to occupational
health and safety;
(k) collaborate with other government agencies and relevant
authorities on matters relating to occupational health and
safety;
(l) monitor and enforce compliance with this Act; and
(m) perform any other functions necessary for the purposes
of this Act.

ional health and
safety;
(l) monitor and enforce compliance with this Act; and
(m) perform any other functions necessary for the purposes
of this Act.

Continuation
of
Occupational
Health and
Safety
Institute
Functions of
Institute
236 No. 16 of 2025 Occupational Health and Safety

Continuation
of
Occupational
Health and
Safety
Institute
Functions of
Institute
236 No. 16 of 2025 Occupational Health and Safety

6. (1) There is constituted the Board of the Institute consisting
of the following part-time members appointed by the Minister:
(a) a representative of the ministries responsible for—
(i) health;
(ii) labour;
(iii) mines;
(iv) infrastructure; and
(v) agriculture;
(b) a representative of the Attorney-General;
(c) a representative of an employers’ organisation with the
most representation;
(d) a representative of a trade union with the most
representation; and
(e) a person with knowledge and experience in occupational
health and safety. (2) The ministries, institutions and organisations referred to in
subsection (1) shall nominate their representatives for appointment
by the Minister. (3) The Minister shall appoint the Chairperson from among
the members of the Board. (4) The members of the Board shall elect the Vice-Chairperson
from among themselves.

hall appoint the Chairperson from among
the members of the Board. (4) The members of the Board shall elect the Vice-Chairperson
from among themselves.

(5) A person shall not be nominated or appointed as a member
of the Board if that person—
(a) is not a citizen;
(b) is an undischarged bankrupt;
(c) is legally disqualified from performing the functions of a
member;
(d) is convicted of an offence under any written law and
sentenced to imprisonment for a term exceeding six
months without the option of a fine;
(e) is convicted of an offence involving fraud or dishonesty
under any written law; or
(f) is an employee of the Institute. Board of
Institute
Occupational Health and Safety [No. 16 of 2025 237

aud or dishonesty
under any written law; or
(f) is an employee of the Institute. Board of
Institute
Occupational Health and Safety [No. 16 of 2025 237

(6) The First Schedule applies to the Board. 7. (1) Subject to the other provisions of this Act, the Board
shall perform the functions of the Institute and provide strategic
policy direction to the Institute. (2) Despite subsection (1), the functions of the Board are to—
(a) approve the policies, programmes and strategies of the
Institute;
(b) approve the annual workplan, action plans and activity
reports of the Institute;
(c) approve the annual budget estimates and financial
statements of the Institute;
(d) monitor and evaluate the performance of the Institute
against the budget and plans; and
(e) promote the effective corporate governance of the
Institute. (3) The Board may, by direction in writing and on conditions
that the Board considers necessary, delegate to the Director-General
any of the Board’s functions under this Act. (4) A delegation made under subsection (3) shall not prevent
the Board from performing the function so delegated.

he Board’s functions under this Act. (4) A delegation made under subsection (3) shall not prevent
the Board from performing the function so delegated.

(5) The Minister may give to the Board general or specific
directions relating to the performance of the Board’s functions and
the Board shall give effect to those directions to the extent that
they are not inconsistent with this Act or any other written law. 8. (1) The Board shall appoint a Director -General who shall
be—
(a) the chief executive officer of the Institute; and
(b) responsible for the day-to-day administration of the Institute
under the direction of the Board. (2) The Director-General shall attend meetings of the Board
or a committee of the Board and may address those meetings, but
shall not vote on any matter. (3) The Board shall appoint a Secretary and other staff of the
Institute that the Board considers necessary for the performance
of the functions of the Institute. Functions
of Board
Director-
General,
Secretary
and other
staff
238 No. 16 of 2025 Occupational Health and Safety

e
of the functions of the Institute. Functions
of Board
Director-
General,
Secretary
and other
staff
238 No. 16 of 2025 Occupational Health and Safety

(4) The Emoluments Commission shall, on the recommendation
of the Board, determine the emoluments of the Director-General,
Secretary and other staff of the Institute. (5) The Board shall determine the terms and conditions of
service, other than emoluments, of the Director-General, Secretary
and other staff of the Institute. PART III
HEALTH AND SAFETY COMMITTEES
9. An employer of ten or more persons at any workplace shall
establish a health and safety committee immediately after the
commencement of business or within thirty days of employing ten
employees. 10 (1) A health and safety committee established under section
9 shall consist of an equal number of members, not less than two
on each side, representing the employer and the employees, except
that the representatives of the employees shall be chosen by the
employees or designated by a trade union. (2) The Chairperson of a health and safety committee shall be
a person elected from amongst the employee representatives by
the employer or the senior most member of management on an
alternating basis.

e shall be
a person elected from amongst the employee representatives by
the employer or the senior most member of management on an
alternating basis.

(3) An employer shall display the names and portraits of the
members of the health and safety committee in a conspicuous place
at the workplace. 11. (1) The functions of a health and safety committee are
to—
(a) promote cooperation between the employer and the
employees in achieving and maintaining healthy and safe
working conditions;
(b) share information about occupational health, safety and
welfare with employees;
(c) investigate any matter that may be a risk to the health and
safety of employees at a workplace;
(d) make recommendations to the employer on the
improvement of the occupational health and safety of
employees and compliance with the regulations;
(e) review the measures taken on the health, safety and
welfare of employees at a workplace; and
(f) review rules and procedures relating to health and safety
to be carried out at the workplace. Establishment
of health and
safety
committee
Composition
of health and
safety
committee
Functions of
health and
safety
committee
Occupational Health and Safety [No. 16 of 2025 239

afety
committee
Composition
of health and
safety
committee
Functions of
health and
safety
committee
Occupational Health and Safety [No. 16 of 2025 239

(2) The Minister may, by statutory instrument, make regulations
to provide for—
(a) the procedure of a health and safety committee;
(b) the powers and additional functions of a health and safety
committee; and
(c) any other matters necessary for the effective performance
of a health and safety committee under this Act. 12. (1) The representatives of the employees on a health and
safety committee shall elect from amongst themselves, a health
and safety representative who shall coordinate health and safety
activities at the workplace. (2) Where there are only two representatives of the employees
on the health and safety committee, the employees shall elect a
health and safety representative from the two representatives on
the health and safety committee. (3) The Minister may, by statutory instrument, make regulations
to provide for—
(a) the powers and functions of a health and safety
representative; and
(b) any other matter necessary for the effective performance
of the powers and functions of a health and safety
representative under this Act. PART IV
HEALTH AND SAFETY AT WORKPLACES
13.

he effective performance
of the powers and functions of a health and safety
representative under this Act. PART IV
HEALTH AND SAFETY AT WORKPLACES
13.

For the purposes of this Part, in determining what is, or
was, at any particular time, reasonably practicable in relation to
ensuring health and safety at a workplace, regard shall be had to
the following matters:
(a) the likelihood of the hazard or risk concerned occurring;
(b) the degree of harm that would result if the hazard or risk
occurred;
(c) what the person concerned knows, or ought reasonably to
know, about the hazard or risk and any ways of
eliminating or reducing the hazard or risk;
(d) the availability and suitability of ways to eliminate or reduce
the hazard or risk; and
(e) the cost of eliminating or reducing the hazard or risk. Health and
safety
representative
Determination
of
reasonably
practicable
240 No. 16 of 2025 Occupational Health and Safety

educing the hazard or risk. Health and
safety
representative
Determination
of
reasonably
practicable
240 No. 16 of 2025 Occupational Health and Safety

14. (1) An employer shall provide and maintain, as far as
is reasonably practicable, a working environment that is safe and
without risk to the health of the employees.

r shall provide and maintain, as far as
is reasonably practicable, a working environment that is safe and
without risk to the health of the employees.

(2) Despite the generality of subsection (1), an employer
shall—
(a) prepare a health and safety policy providing for the
protection of the health and safety of the employees at
a workplace, including a description of the organisation
and arrangements for carrying out reviews to that policy;
(b) prominently display a statement of the health and safety
policy referred to in paragraph (a), signed by the chief
executive officer or an equivalent officer, in a
conspicuous place at a workplace;
(c) disseminate the occupational health and safety policy
referred to under paragraph (a) to the employees;
(d) formulate and disseminate to the employees the rules and
procedures relating to health and safety;
(e) provide plant and systems of work that are, so far as is
reasonably practicable, safe and without any risks to
human health and maintain them in that condition;
(f) ensure, so far as is reasonably practicable, that articles,
devices, items and substances provided for the use of
the employees at a workplace are used, handled, stored
and transported in a manner that is safe and without
any risk to the health and safety of the employees at the
workplace;
(g) provide information, instruction, training and supervision
as is necessary to ensure, so far as is reasonably
practicable, the health and safety of the employees at
the workplace;
(h) so far as is reasonably practicable, maintain a workplace
under the employer’s control, in a condition that is safe
and without any risk to the health and safety of employees
at the workplace;
(i) so far as is reasonably practicable, provide and maintain
the means of access to, or exit from, a workplace that
are safe and without any risk to the health and safety of
the employees and others using it;
Duties of
employer at
workplace
Occupational Health and Safety [No.

nd without any risk to the health and safety of
the employees and others using it;
Duties of
employer at
workplace
Occupational Health and Safety [No.

16 of 2025 241

16 of 2025 241

(j) provide and maintain a working environment which is
adequate as regards facilities and arrangements for the
welfare of employees at the workplace;
(k) inform and consult a health and safety representative—
(i) where an authorised officer visits the workplace, and
give the health and safety representative an
opportunity to meet the authorised officer;
(ii) on the circumstances and future prevention of any
injury or illness to an employee;
(iii) on the circumstances of any injury to an employee
for which a claim is submitted to the Workers’
Compensation Fund Control Board; or
(iv) with a view to making and maintaining arrangements
to enable the employer and the employees to
cooperate effectively in promoting and developing
measures to ensure the health and safety of the
employees at the workplace, and checking the
effectiveness of those measures;
(l) provide for measures to deal with emergencies and
accidents, including adequate first-aid arrangements;
(m) provide at the employer’s expense all appropriate
protective clothing or equipment to be used in the
workplace by employees who in the course of
employment are likely to be exposed to the risk of bodily
injuries, and adequate instructions in the use of such
protective clothing and equipment; and
(n) provide to the employees, without a charge, anything which
by law is required to be provided to those employees by
the employer.

nd equipment; and
(n) provide to the employees, without a charge, anything which
by law is required to be provided to those employees by
the employer.

(3) An employer shall not require an employee to return to a
work station, where there is imminent danger to life or health, until
remedial action is taken to address the danger. (4) An employer who contravenes this section commits an
offence and is liable, on conviction, to a fine not exceeding three
hundred and seventy-five thousand penalty units or to imprisonment
for a term not exceeding three years, or to both. 15. (1) An employer shall, in a prescribed manner and form,
inform the Institute of the occurrence of ill-health of an employee
and absence from work for occupational health reasons, in order
for the Institute to be able to identify whether there is any relation
between the reasons for ill-health or absence from work and any
health hazards which may be present at the workplace. Employer to
inform
Institute of
ill-health of
employee
242 No. 16 of 2025 Occupational Health and Safety

azards which may be present at the workplace. Employer to
inform
Institute of
ill-health of
employee
242 No. 16 of 2025 Occupational Health and Safety

Duties of
employee at
workplace
Duties of
employer and
self-
employed
persons to
persons other
than
employees
Occupational Health and Safety [No. 16 of 2025 243
(2) The Institute shall, on receipt of information under
subsection (1), require the employer to present the employee for
medical examination in accordance with section 26. (3) An employer who contravenes subsection (1) is liable to
an administrative penalty. 16. (1) An employee shall, at a workplace—
(a) take reasonable care of the employee’s own health and
safety and that of other persons who may be affected
by the employee’s acts or omissions at the workplace;
(b) not operate any machine or engage in a process which is
unsafe or is an imminent risk to the employee’s own
health or safety and that of others; and
(c) cooperate with the employer or any other person in relation
to any duty imposed on the employer or that other person,
so far as is necessary to enable that duty to be
performed or complied with.

son in relation
to any duty imposed on the employer or that other person,
so far as is necessary to enable that duty to be
performed or complied with.

(2) An employee shall, where an employee has reasonable
grounds to believe that the condition of any item, device, article,
plant or substance or any aspect of the workplace is, or may be,
dangerous to the employees’ health or safety, immediately inform
the employer, the health and safety committee or health and safety
representative. (3) An employee who contravenes—
(a) subsections (1) (a) or (c) commits an offence and is liable,
on conviction, to a fine not exceeding fifty thousand
penalty units or to imprisonment for a term not exceeding
one year, or to both; and
(b) subsection (1) (b) commits an offence and is liable, on
conviction, to a fine not exceeding five hundred thousand
penalty units or to imprisonment for a term not exceeding
five years, or to both. 17. An employer or self-employed person shall, so far as is
reasonably practicable, conduct the employer’s or self-employed
person’s business in a way that persons who are not employed by
the employer or self-employed person and who may be affected
by activities at the employer’s workplace or the activities of the
self-employed person are not exposed to risks to their health or
safety.

e affected
by activities at the employer’s workplace or the activities of the
self-employed person are not exposed to risks to their health or
safety.

18. (1) A person who designs or constructs a building or
structure, or part of a building or structure who knows, or ought
reasonably to know, that the building or structure or part of the
building or structure is to be used as a workplace shall ensure, so
far as is reasonably practicable, that it is designed or constructed
to be safe and without risks to the health or safety of persons using
it as a workplace for a purpose for which it was designed.

signed or constructed
to be safe and without risks to the health or safety of persons using
it as a workplace for a purpose for which it was designed.

(2) A person who designs, manufactures or supplies an article,
device, item, plant or substance for use by persons at a workplace
shall—
(a) ensure that the article, device, item, plant or substance is
safe and without risks to health if it is used for the
purpose for which it was designed, manufactured or
supplied;
(b) carry out, or arrange the carrying out of, testing and
examination as may be necessary for the performance
of the duty imposed under paragraph (a); and
(c) provide or arrange for the provision of—
(i) adequate information about the article, device, item, plant
or substance to the person to whom it is supplied
concerning the purpose for which the article, device,
item, plant or substance was designed, manufactured
or supplied; and
(ii) any conditions necessary to ensure that the article,
device, item, plant or substance is safe and without
risks to health or safety if it is used for the purpose
for which it was designed, manufactured or supplied.

m, plant or substance is safe and without
risks to health or safety if it is used for the purpose
for which it was designed, manufactured or supplied.

(3) For the purposes of this section, an article, device, item or
substance is regarded as properly used where it is used in
accordance with any relevant information or advice relating to its
use which is made available by a person who designed or
manufactured the article, device, item or substance. (4) Where it is proved by a court that the person for whom the
article, device, item or substance was designed, manufactured or
imported, or to whom it was supplied—
(a) has failed to comply with the information provided by the
designer or manufacturer or a risk occurs to the health
or safety of the persons using the article, device, item
or substance or to other persons, whether at a workplace
Duties of
designer,
manufacturer,
supplier and
importer
244 No. 16 of 2025 Occupational Health and Safety

or to other persons, whether at a workplace
Duties of
designer,
manufacturer,
supplier and
importer
244 No. 16 of 2025 Occupational Health and Safety

or not, the person who designed or manufactured the
article, device, item or substance, shall not be liable for
the risk caused; or
(b) complied with the information provided by the designer
or manufacturer, but a risk is caused to the health or
safety of the employees using it or to other persons,
whether at a workplace or not, the person who designed
or manufactured the article, device, item or substance
shall be liable for the harm caused. (5) For the purposes of this section, the ostensible supplier
shall, where an ostensible supplier supplies any article, device, item
or substance for use at work to an employer, be treated as having
supplied the article, device, item or substance and any duty imposed
on the suppliers under this Act shall fall on the ostensible supplier.

as having
supplied the article, device, item or substance and any duty imposed
on the suppliers under this Act shall fall on the ostensible supplier.

(6) The duties specified under this section—
(a) apply whether or not the plant, article, device, item or
substance is exclusively designed, manufactured or
supplied for use by persons at a workplace;
(b) extend to the design, manufacture or supply of
components for, or accessories to, any plant for use by
persons at a workplace;
(c) extend to the supply of the plant, article, device, item or
substance by way of sale, transfer, lease or hire and
whether as principal or agent; or
(d) extend to the supply of the plant, article, device, item or
substance to a person for the purpose of supply to
others. (7) A person who contravenes this section commits an offence
and is liable, on conviction, to a fine not exceeding three hundred
thousand penalty units or to imprisonment for a term not exceeding
three years, or to both. 19. (1) An architect shall, for the purposes of health and safety
of persons at or near a workplace, carry out an architect’s duties
of designing a workplace and management of construction of such
a workplace in a manner as prescribed.

ar a workplace, carry out an architect’s duties
of designing a workplace and management of construction of such
a workplace in a manner as prescribed.

(2) An engineer shall, for the purposes of health and safety of
persons at or near a workplace, carry out an engineer’s duties of
planning, analysing, developing, designing, manufacturing, building
or installing, testing and maintaining devices and systems, at a
workplace in a manner as determined by the Institute. Duties of
architect and
engineer
Occupational Health and Safety [No. 16 of 2025 245

ystems, at a
workplace in a manner as determined by the Institute. Duties of
architect and
engineer
Occupational Health and Safety [No. 16 of 2025 245

20. A person who designs, constructs, manufactures, supplies
or imports an article, device, item or substance shall, in addition to
the requirements of this Act, conform to standards set by the Zambia
Bureau of Standards, Zambia Compulsory Standards Agency or
other relevant body. 21. (1) A person shall not willfully interfere with or misuse an
appliance, convenience or other thing provided in a workplace in
the interest of health or safety and welfare under this Act. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. 22.

able, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. 22.

(1) An employer shall not alter an employee’s position
or terms of employment to that employee’s detriment or dismiss or
threaten to dismiss the employee because the employee—
(a) makes a complaint about a workplace that the employee
considers is not safe or is a risk to health;
(b) is or has been a member of a health and safety committee
or is or has been a health and safety representative;
(c) exercises or had exercised a power as a health and safety
representative or a member of a health and safety
committee;
(d) assists or had assisted, or gives or had given any information
to, an authorised officer, a member of a health and safety
committee, heath and safety committee or health and
safety representative;
(e) complies with the directives of an authorised officer, a
member of a health and safety committee, heath and
safety committee, or health and safety representative;
or
(f) gives evidence before any court on matters relating to this
Act.

ty committee, heath and
safety committee, or health and safety representative;
or
(f) gives evidence before any court on matters relating to this
Act.

(2) An employee who has been subjected to any dismissal or
victimisation under subsection (1) may—
(a) apply to any court having jurisdiction, including the Industrial
and Labour Relations Court, for appropriate relief; or
(b) pursue any other process allowed or prescribed by any
law. Compliance
with
standards
Prohibition
of dismissal
or
victimisation
of employee
Duties not
to interfere
with or
misuse
appliance,
convenience
or other
thing
246 No. 16 of 2025 Occupational Health and Safety

ctimisation
of employee
Duties not
to interfere
with or
misuse
appliance,
convenience
or other
thing
246 No. 16 of 2025 Occupational Health and Safety

PART V
OCCUPATIONAL HEALTH AND SAFETY SERVICES
23. (1) An employer who has at least ten employees at a
workplace shall conduct a risk assessment to—
(a) identify the hazards in a workplace;
(b) assess the risk arising from the hazards under paragraph
(a); and
(c) institute control measures to reduce exposure of employees
to hazards. (2) The risk assessment referred to under subsection (1) shall
be conducted every two years by—
(a) an employer; or
(b) the Institute, on request of an employer on payment of a
prescribed fee. (3) Despite subsection (2), a risk assessment shall be conducted
where—
(a) there is a change in the work process of a workplace;
(b) an accident occurs which is likely to affect the health or
safety of employees; or
(c) the Institute requests an employer to conduct a risk
assessment as the Institute may determine. (4) An employer shall, where the risk assessment is conducted
by the employer in accordance with subsection (2), submit the risk
assessment report to the Institute for approval on payment of a
prescribed fee.

ted
by the employer in accordance with subsection (2), submit the risk
assessment report to the Institute for approval on payment of a
prescribed fee.

(5) The Institute shall, where the risk assessment is conducted
by the Institute in accordance with subsection (2), submit a risk
assessment report to the employer. (6) The risk assessment report referred to under subsections
(4) and (5) shall contain—
(a) sampling results of hazards;
(b) risk rating of the hazards;
(c) findings of the risk assessment; and
(d) recommendations on control measures. Risk
assessment of
workplace
Occupational Health and Safety [No. 16 of 2025 247

s of the risk assessment; and
(d) recommendations on control measures. Risk
assessment of
workplace
Occupational Health and Safety [No. 16 of 2025 247

(7) The Institute shall, where the risk assessment conducted
under this section establishes a significant risk of exposure to
employees, conduct a medical examination or medical surveillance. (8) An employer who contravenes subsections (1), (2) and (4)
commits an offence and is liable, on conviction, to a fine not
exceeding three hundred thousand penalty units or to imprisonment
for a term not exceeding three years, or to both. 24. (1) An employer shall not employ a person without a
medical examination certificate issued by the Institute in accordance
with this Part, where the Institute determines that the workplace
establishes a significant risk of exposure to a workplace hazard to
an employee. (2) A person who contravenes subsection (1), commits an
offence and is liable, on conviction, to a fine not exceeding three
hundred and seventy-five thousand penalty units or to imprisonment
for a period not exceeding two years, or to both. 25.

to a fine not exceeding three
hundred and seventy-five thousand penalty units or to imprisonment
for a period not exceeding two years, or to both. 25.

(1) The Institute shall undertake medical examination or
medical surveillance of employees to—
(a) ensure that an employee is fit for the work that the
employee is tasked to perform;
(b) ensure that the employee meets the inherent health
requirements for the job without risk to the safety of the
employee or any other person;
(c) detect early signs of work related illnesses in employees
who are exposed to certain hazards and recommend
prompt management of the illness; and
(d) monitor whether the prescribed control measures for
identified hazards are failing or not. (2) The following are the types of medical examinations that
shall be conducted by the Institute under this Act—
(a) pre-placement medical examination;
(b) in-employment medical examination;
(c) exit medical examination;
(d) post-employment medical examination; and
(e) any other medical examinations as the Institute may
determine. Prohibition
of
employment
of person
without
medical
examination
certificate
Medical
examination
or medical
surveillance
248 No. 16 of 2025 Occupational Health and Safety

oyment
of person
without
medical
examination
certificate
Medical
examination
or medical
surveillance
248 No. 16 of 2025 Occupational Health and Safety

(3) A medical examination referred to under subsection (2)
shall be conducted on an employee yearly, except that depending
on the degree of risk to the health of an employee in a workplace,
the Institute may conduct a medical examination earlier than the
specified period. 26. (1) An employer shall, prior to entering into a contract of
employment with a prospective employee, present that prospective
employee to the Institute for a pre-placement medical examination
on payment of a prescribed fee. (2) An employer shall, within thirty days of the approval of a
risk assessment report referred to under section 23, present its
employees to the Institute for an in-employment medical
examination on payment of a prescribed fee. (3) An employer shall, in accordance with section 25(3),
present an employee to the Institute for an in-employment medical
examination on payment of a prescribed fee. (4) An employer shall, within thirty days of the termination of
an employee’s contract of employment or an employee’s retirement,
present the employee to the Institute for an exit medical examination
on payment of a prescribed fee.

tract of employment or an employee’s retirement,
present the employee to the Institute for an exit medical examination
on payment of a prescribed fee.

(5) A person shall, after one year of leaving employment,
present oneself to the Institute, as prescribed, for a post-employment
medical examination on payment of a prescribed fee. (6) An employer who contravenes subsection (1) to (4)
commits an offence and is liable, on conviction, to a fine not
exceeding three hundred and seventy-five thousand penalty units
or to imprisonment for a term not exceeding three years, or to
both. 27. (1) The Institute shall, within thirty days of conducting a
medical examination referred to under section 26(1) to (4), issue a
medical examination certificate to the employer, in a prescribed
manner and form. (2) The Institute shall, within fourteen days of conducting a
post-employment medical examination referred to under section
26(5), issue a medical examination certificate to the employee in
the prescribed manner and form. (3) A medical examination certificate referred to under this
section shall—
(a) state that the person presented for a medical examination
is—
Medical
examination
Issuance of
medical
examination
certificate
Occupational Health and Safety [No. 16 of 2025 249

ented for a medical examination
is—
Medical
examination
Issuance of
medical
examination
certificate
Occupational Health and Safety [No. 16 of 2025 249

(i) fit for work;
(ii) fit for work with restrictions;
(iii) fit for work on condition;
(iv) temporary unfit for work; or
(v) permanently unfit for work;
(b) state the period within which a person referred to under
paragraph (a)(iv) may be presented for another medical
examination; and
(c) state any other information that the Institute may
determine. (4) Subsection (3)(a) and (b) shall not apply to exit medical
examination and post employment medical examination. 28. An employer shall ensure that the medical examination or
medical surveillance results obtained for the purposes of this Act
are retained as confidential records. 29. A medical examination certificate issued under this Act
shall be valid for a period specified in the medical examination
certificate. 30. (1) An employer shall, where the employment relationship
with an employee continues, apply to the Institute for the renewal
of the medical examination certificate within fourteen days before
the expiration of the validity of the medical examination certificate,
in the prescribed manner and form on payment of a prescribed
fee.

n days before
the expiration of the validity of the medical examination certificate,
in the prescribed manner and form on payment of a prescribed
fee.

(2) The Institute shall, within fourteen days of receipt of an
application for renewal, approve or reject the application. (3) The Institute shall, where the Institute rejects an
application, inform the applicant, in writing, stating the reasons for
the rejection. (4) The Institute shall, where the applicant meets the
prescribed requirements, renew the medical examination certificate
in a prescribed form. 31. (1) The Institute shall, where an employee referred to under
section 15(2) fails a medical examination conducted in accordance
with that section—
(a) revoke the medical examination certificate issued to the
employer prior to the failed medical examination of the
employee; and
Confidentiality
of medical
examination
and medical
surveillance
results
Validity of
medical
examination
certificate
Renewal of
medical
examination
certificate
Revocation of
medical
examination
certificate
250 No. 16 of 2025 Occupational Health and Safety

certificate
Renewal of
medical
examination
certificate
Revocation of
medical
examination
certificate
250 No. 16 of 2025 Occupational Health and Safety

(b) issue the employer with a medical examination certificate
relating to the failed medical examination. (2) Despite subsection (1), the Institute shall revoke a medical
examination certificate if the certificate holder—
(a) obtained the medical examination certificate through fraud,
misrepresentation or concealment of the material fact;
or
(b) fails to comply with any condition of the medical
examination certificate. (3) The Institute shall, before revoking a medical examination
certificate in accordance with subsection (2), notify the certificate
holder in a prescribed manner and form of the Institute’s intention
to revoke the medical examination certificate and shall—
(a) give reasons for its intended revocation; and
(b) require the certificate holder to show cause, within a period
determined by the Institute, why the medical examination
certificate should not be revoked. (4) The Institute shall not revoke a medical examination
certificate under this section if the certificate holder takes remedial
measures to the satisfaction of the Institute within the period
determined by the Institute.

der this section if the certificate holder takes remedial
measures to the satisfaction of the Institute within the period
determined by the Institute.

(5) The Institute shall revoke the medical examination
certificate if the certificate holder, having been notified in
accordance with subsection (3), does not—
(a) show cause to the satisfaction of the Institute why the
medical examination certificate should not be revoked;
or
(b) take remedial measures to the satisfaction of the Institute
within a period specified by the Institute. (6) A holder of a medical examination certificate that is
revoked shall, within fourteen days of being notified of the
revocation, surrender the medical examination certificate to the
Institute. 32. (1) A holder of a medical examination certificate who
intends to amend a medical examination certificate shall apply to
the Institute to amend the medical examination certificate in a
prescribed manner and form on payment of a prescribed fee. Amendment
of medical
examination
certificate
Occupational Health and Safety [No. 16 of 2025 251

cribed manner and form on payment of a prescribed fee. Amendment
of medical
examination
certificate
Occupational Health and Safety [No. 16 of 2025 251

(2) Despite subsection (1), the Institute may, at its own
instance, amend a medical examination certificate where the
Institute determines an error on the medical examination. (3) The Institute shall, within fourteen days of receipt of
application under subsection (1) approve or reject the application
and notify the holder of the approval or rejection thereof. (4) The Institute shall, where the Institute rejects an
application, inform the applicant, in writing, stating the reasons for
the rejection. (5) The Institute shall, where the Institute approves an
application referred to under subsection (1), amend the medical
examination certificate. (6) The Institute shall, where the Institute amends the medical
examination certificate under subsections (2) and (4)—
(a) request the holder of the medical examination certificate
to surrender the medical examination certificate with
an error;
(b) cancel the medical examination certificate referred to
under paragraph (a); and
(c) issue the holder of the medical examination certificate
with an amended medical examination certificate in a
prescribed form. 33.

ragraph (a); and
(c) issue the holder of the medical examination certificate
with an amended medical examination certificate in a
prescribed form. 33.

(1) A holder of the medical examination certificate whose
medical examination certificate is lost, destroyed or defaced may
apply to the Institute for a duplicate medical examination certificate
in a prescribed manner and form on payment of a prescribed fee. (2) The Institute may on receipt of an application under
subsection (1), issue to the applicant a duplicate medical examination
certificate. 34. The Institute shall, on renewal of a medical examination
certificate issued to an employer under section 30, carry out a
medical surveillance of an employee for purposes of prevention of
ill-health and injuries. Duplicate
medical
examination
certificate
252 No. 16 of 2025 Occupational Health and Safety
Medical
surveillance

revention of
ill-health and injuries. Duplicate
medical
examination
certificate
252 No. 16 of 2025 Occupational Health and Safety
Medical
surveillance

PART VI
ENFORCEMENT
35. (1) The Board shall appoint suitably qualified persons as
authorised officers to ensure compliance with this Act. (2) The Board shall provide an authorised officer with an
identification card which shall be prima facie evidence of the
authorised officer’s appointment. (3) An authorised officer shall, in performing a function under
this Act—
(a) be in possession of the identification card referred to
under subsection (2); and
(b) show the identification card to a person who requests to
see the identification card or is the subject of an
inspection or an investigation under this Act. 36.

identification card to a person who requests to
see the identification card or is the subject of an
inspection or an investigation under this Act. 36.

(1) An authorised officer may, for the purpose of enforcing
the provisions of this Act, at any reasonable time, without prior
notice—
(a) enter, inspect and search any land, building or premises
used as a workplace, where the authorised officer has
reasonable grounds to believe that an offence has been
committed or is likely to be committed;
(b) search a person who the authorised officer has reasonable
grounds to believe is carrying out an activity in
contravention of this Act, except that a person shall
only be searched by a person of the same sex;
(c) examine any document or article found on a land, building
or premises used as a workplace that has a bearing on
an inspection or investigation;
(d) seize any document or article found on a land, building or
premises used as a workplace which has been used or
is being used for the commission of an offence under
this Act;
(e) apply or order the application of measures which are
reasonably necessary or prescribed for the protection
of the health and safety of employees;
(f)take or cause to be taken a sample of any substance or
article which an authorised officer has reasonable
ground to suspect may contain, or may be or be
contaminated with, a substance that is a risk to health;
Authorised
officer
Powers of
authorised
officer
Occupational Health and Safety [No.

be or be
contaminated with, a substance that is a risk to health;
Authorised
officer
Powers of
authorised
officer
Occupational Health and Safety [No.

16 of 2025 253

16 of 2025 253

(g) take an extract from, or make a copy of any book,
document or record that is found on a land, building or
premises used as a workplace that has a bearing on an
inspection; and
(h) require the production of a document, article or record
found on a land, building or premises used as a
workplace from—
(i) an employer; or
(ii) an owner or occupier of the land, building or
premises used as a workplace. (3) An owner or occupier of any land, building or premises
used as a workplace shall afford an authorised officer access to
any information, record or document for the purpose of an inspection
and produce to an authorised officer any information, record or
document that the authorised officer may require for the purposes
of carrying out an inspection under this Act. (4) An authorised officer may, in the performance of the
functions of the authorised officer under this section, be
accompanied and assisted by a law enforcement officer.

ficer may, in the performance of the
functions of the authorised officer under this section, be
accompanied and assisted by a law enforcement officer.

(5) An authorised officer who removes anything from any
land, building or premises used as a workplace shall—
(a) issue a receipt for anything removed to the employer,
owner, occupier or the person in control of the land,
building or premises used as a workplace; and
(b) return anything removed as soon as practicable after the
article removed has served the purpose for which it
was removed. (6) Despite subsection (1), an authorised officer shall enter a
private dwelling house on land, building or premises occupied as a
private dwelling with a warrant. (7) A court may issue a warrant, on application by an
authorised officer, if it appears from written information given by
that authorised officer, on oath or affirmation, that there are
reasonable grounds to believe that this Act has been, or is likely to
be, contravened. (8) An authorised officer shall furnish the Director-General
with a written report and any other information relating to an
inspection. 254 No. 16 of 2025 Occupational Health and Safety

nish the Director-General
with a written report and any other information relating to an
inspection. 254 No. 16 of 2025 Occupational Health and Safety

(9) The Director-General may, after review of the report
referred to under subsection (8), inform the employer of the findings
and recommendations, if any, of the report. 37. (1) A person commits an offence if that person—
(a) willfully delays or obstructs an authorised officer in the
performance of the functions of an authorised officer
under this Act;
(b) refuses to give an authorised officer reasonable assistance
as the authorised officer may require for the purpose
of performing the functions of the authorised officer;
(c) impersonates an authorised officer or presents oneself to
be an authorised officer; or
(d) knowingly or negligently gives an authorised officer false
or misleading information orally, in writing or otherwise. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both. 38.

le, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both. 38.

(1) A law enforcement officer may arrest a person, without
warrant, where the law enforcement officer has reasonable
grounds to believe that the person—
(a) has committed an offence under this Act;
(b) is about to commit an offence under this Act and there is
no other way to prevent the commission of the offence;
or
(c) is willfully obstructing an authorised officer in the execution
of the duties of the authorised officer. (2) A law enforcement officer who makes an arrest under
subsection (1) shall, without undue delay, have the person arrested
brought before a court of competent jurisdiction. 39. (1) Subject to the other provisions of this Act, the Institute
may suspend a workplace activity if the employer—
(a) is violating requirements of this Act in a manner that
presents danger of imminent harm to employees;
(b) has failed to take remedial measures as required under
this section within the period of suspension; or
(c) contravenes the provisions of this Act, or any other written
law. Obstruction
of authorised
officer
Arrest
without
warrant
Suspension
of
workplace
activities
Occupational Health and Safety [No. 16 of 2025 255

en
law. Obstruction
of authorised
officer
Arrest
without
warrant
Suspension
of
workplace
activities
Occupational Health and Safety [No. 16 of 2025 255

(2) The Institute shall, before suspending a workplace activity
in accordance with subsection (1), give notice to the employer of
its intention to suspend the workplace activity in a prescribed manner
and form and shall—
(a) give reasons for the intended suspension; and
(b) require the employer to show cause, within a period of
not more than fourteen days, why the workplace activity
should not be suspended. (3) The Institute shall not suspend a workplace activity under
this section if the employer takes remedial measures to the
satisfaction of the Institute within the period of fourteen days
referred to in subsection (2). (4) The Institute may, suspend the workplace activity, if an
employer having been notified in accordance with subsection (2),
does not—
(a) show cause to the satisfaction of the Institute why the
workplace activity should not be suspended; or
(b) take remedial measures to the satisfaction of the Institute
within the period specified in that subsection. (5) The Institute shall, where the Institute suspends the
workplace activity under subsection (4), publish the notice of
suspension in a daily newspaper of general circulation in the
Republic.

te suspends the
workplace activity under subsection (4), publish the notice of
suspension in a daily newspaper of general circulation in the
Republic.

(6) An employer shall, within fourteen days of publication of
the notice of suspension under subsection (5), close the workplace. 40. The Institute may, where the Institute finds that the
continued operation of a workplace presents imminent harm to
employees or the public, order the immediate closure of the
workplace until remedial measures are undertaken by the employer
to the satisfaction of the Institute. Closure of
work place
256 No. 16 of 2025 Occupational Health and Safety

measures are undertaken by the employer
to the satisfaction of the Institute. Closure of
work place
256 No. 16 of 2025 Occupational Health and Safety

PART VII
GENERAL PROVISIONS
41. The Minister may, in consultation with the Director-
General, exempt from any provision of this Act, by statutory
instrument, an employer or a category of employers, for a specified
period and on conditions determined by the Minister. 42. A disclosure made by an employee under this Act shall
be a protected disclosure for the purposes of the Public Interest
Disclosure (Protection of Whistleblowers) Act. 43. (1) A person who is aggrieved with a decision of the
Institute may, within thirty days of receipt of the decision, appeal
to the Minister. (2) The Minister shall, within thirty days of receipt of an appeal
under subsection (1), hear and determine the appeal. (3) A person who is aggrieved with a decision of the Minister
may appeal to the High Court. 44. (1) The Institute shall keep and maintain a register of—
(a) risk assessments and risks;
(b) suspended workplace activities;
(c) workplaces that are closed by the Institute;
(d) workplaces whose employees have undergone medical
examination and medical surveillance; and
(e) employers exempted under this Act.

the Institute;
(d) workplaces whose employees have undergone medical
examination and medical surveillance; and
(e) employers exempted under this Act.

(2) The register referred to under subsection (1) shall contain
prescribed particulars and information. (3) The registers shall be kept at the offices of the Institute
and shall be open for inspection to members of the public during
normal office hours on payment of a prescribed fee. (4) The Director-General may, on an application by a person,
issue to the person a certified extract from the register on payment
of a prescribed fee. 45. (1) The Director-General shall, on the direction of the
Board, cause copies of a register, and any alterations of, or additions
to, the register to be printed and published in the Gazette and a
daily newspaper of general circulation in the Republic. Exemption
Disclosure
protection
Cap. 102
Appeals
Register
Publication of
copies of
register
Occupational Health and Safety [No. 16 of 2025 257

public. Exemption
Disclosure
protection
Cap. 102
Appeals
Register
Publication of
copies of
register
Occupational Health and Safety [No. 16 of 2025 257

(2) Subject to this Act, a copy of the last printed and published
register is prima facie evidence in legal proceedings of what is
contained in that register and the absence of any name from the
copy shall be prima facie evidence that the person is not registered. 46. (1) A person commits an offence if that person—
(a) without reasonable excuse, deliberately creates a risk,
or the appearance of a risk to the health or safety of
persons at a workplace with the intention of causing a
disruption of work at the workplace;
(b) aids, abets, counsels or procures a person to commit an
offence under this Act;
(c) tampers with any safety equipment installed or provided
by an employer at a workplace;
(d) wilfully or recklessly does anything at a workplace which
threatens the health or safety of any person or an
employee at a workplace; or
(e) knowingly makes, or causes to be made, to the Institute
a false statement or false report in any material
particular under this Act. (2) A person convicted of an offence under subsection (1) is
liable to a fine not exceeding two hundred thousand penalty units
or to imprisonment for a term not exceeding two years, or to both. 47.

ection (1) is
liable to a fine not exceeding two hundred thousand penalty units
or to imprisonment for a term not exceeding two years, or to both. 47.

A person who contravenes a provision of this Act for which
a penalty is not provided commits an offence and is liable, on
conviction, to a fine not exceeding one hundred thousand penalty
units or to imprisonment for a term not exceeding one year, or to
both. 48. (1) The Institute may impose an administrative penalty
on a person for a failure to comply with a provision of this Act
which is not an offence. (2) An administrative penalty shall not exceed the amount
prescribed by the Minister, by statutory instrument, for each day
during which the failure continues. (3) An administrative penalty shall be paid to the Institute
within the period prescribed. (4) If a person on whom an administrative penalty is imposed
in accordance with this section fails to pay the administrative penalty
within the time specified under subsection (3), the Institute may,
General
offences
General
penalty
Administrative
penalty
258 No. 16 of 2025 Occupational Health and Safety

ied under subsection (3), the Institute may,
General
offences
General
penalty
Administrative
penalty
258 No. 16 of 2025 Occupational Health and Safety

by way of civil action in a competent court, recover the amount of
the administrative penalty from that person as an amount due and
owing to the Institute. 49. Where an offence under this Act is committed by a body
corporate or an unincorporate body, with the knowledge, consent
or connivance of the director, manager, shareholder or partner of
the body corporate or an unincorporate body, that director, manager,
shareholder or partner is liable, on conviction, to the penalty
specified for the offence under this Act. 50. (1) A person shall not, without the consent, in writing,
given by, or on behalf of, the Institute publish or disclose to an
unauthorised person, other than in the course of duties of that
person, the contents of a document, communication or information
which relates to or which has come to the knowledge of that
person in the course of that person’s duties under this Act. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both.

s liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both.

(3) A person who, having information which to that person’s
knowledge has been published or disclosed in contravention of
subsection (1), unlawfully publishes or communicates the
information to another person, commits an offence and is liable,
on conviction, to a fine not exceeding two hundred thousand penalty
units or to imprisonment for a term not exceeding two years, or to
both. 51. Where a judgement or court order is obtained against
the Institute, execution, attachments or process of any nature shall
not be issued against the Institute or against the property of the
Institute, but the Institute shall cause to be paid out of the Institute’s
funds an amount that may, by judgement or court order, be awarded
against the Institute to the person entitled to the amount. 52. (1) The Institute may, in the exercise of the Institute’s
functions under this Act, issue guidelines that are necessary for
the better carrying out of the provisions of this Act. (2) The Institute shall publish the guidelines issued under this
Act in a daily newspaper of general circulation in the Republic or
in the Gazette and any other electronic means that the Institute
may determine.

his
Act in a daily newspaper of general circulation in the Republic or
in the Gazette and any other electronic means that the Institute
may determine.

Offence by
principal
officers of
body
corporate or
unincorporate
body
Prohibition of
publication or
disclosure of
information
to
unauthorised
person
Immunity
from
execution of
judgment
against
Institute
assets
Guidelines
Occupational Health and Safety [No. 16 of 2025 259

tion
to
unauthorised
person
Immunity
from
execution of
judgment
against
Institute
assets
Guidelines
Occupational Health and Safety [No. 16 of 2025 259

(3) The guidelines issued by the Institute shall take effect on
the date of publication and shall bind all persons on matters relating
to this Act. 53. (1) The Minister may, on the recommendation of the
Institute, by statutory instrument, make regulations for the better
carrying out of the provisions of this Act.

ster may, on the recommendation of the
Institute, by statutory instrument, make regulations for the better
carrying out of the provisions of this Act.

(2) Despite subsection (1), regulations made under
subsection (1) may make provision for—
(a) occupational diseases and injuries;
(b) high risk industries and occupations;
(c) the occupational health and safety standards to be
established at workplaces;
(d) the conditions for the design, construction and use of a
plant to protect the occupational health and safety of
employees;
(e) the requirements with respect to the testing, labelling or
examination of the substance or material that may affect
the occupational health and safety of employees;
(f)the use of protective equipment or devices by employees;
(g) the occupations for which initial, periodic and retirement
medical examinations of persons may be required in
order to verify safe conditions of work or to detect
early changes in health;
(h) the measures for detecting and investigating cases in
which the health of persons has been affected, including
medical examinations, and undertaking of biological
monitoring, hearing or other tests;
(i) the responsibilities of employers, employees and other
persons under this Act and the health and safety
measures they should take;
(j)the reporting of, and dealing with, occupational diseases
and accidents occurring at workplaces;
(k) the prohibition of certain categories of employees from
performing specified work or the performance thereof
on specified conditions;
(l) the forms to be used for the purposes of this Act;
(m) the classes of persons who are, or may be specially,
Regulations
260 No.

cified conditions;
(l) the forms to be used for the purposes of this Act;
(m) the classes of persons who are, or may be specially,
Regulations
260 No.

16 of 2025 Occupational Health and Safety

subject to risk of injury or ill health caused by the
hazards of the working environment and the conditions
required for the classes of persons to be in the
hazardous working environment;
(n) measures to address hazards and risks arising from
emerging occupational health and safety issues; and
(o) the services rendered by the Institute and the fees
payable.
54. (1) The Occupational Health and Safety Act is repealed.
(2) Despite subsection (1), the provisions of the Second
Schedule apply in respect of the matters specified in the Second
Schedule.
(3) Despite subsection (1), a person who immediately before
the commencement of this Act, held office as a member of the
Board shall hold office as a member of the Board for a period of
six months after which the Minister shall appoint the members of
the Board in accordance with this Act.
(4) A medical examination certificate issued under the
repealed Act shall continue to be valid until expiry, revocation or
surrender as if the medical examination certificate was issued
under this Act.
Repeal of
Cap. 296 and
savings and
transitional
provisions
Occupational Health and Safety [No. 16 of 2025 261

n certificate was issued
under this Act.
Repeal of
Cap. 296 and
savings and
transitional
provisions
Occupational Health and Safety [No. 16 of 2025 261

FIRST SCHEDULE
(Sections 4(2) and 6(6))
PART I
ADMINISTRATION OF THE INSTITUTION
1. (1) The seal of the Institute shall be a device that may be
determined by the Board and shall be kept by the Director-General. (2) The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson and the Director-General
or any other person authorised in that behalf by a resolution of the
Board. (3) A contract or instrument which, if entered into or executed
by a person not being a body corporate, is not required to be
under seal, may be entered into or executed without seal on behalf
of the Institute by the Director-General or any other person
authorised in that behalf by a resolution of the Board. (4) A document purporting to be a document under the seal
of the Institute or issued on behalf of the Institute shall be received
in evidence and shall be considered to be so executed or issued,
without further proof, unless the contrary is proved. 2. (1) A member of the Board shall, subject to other provisions
of this Act, hold office for a term of three years from the date of
appointment and may be re-appointed for a further and final term
of three years.

s
of this Act, hold office for a term of three years from the date of
appointment and may be re-appointed for a further and final term
of three years.

(2) A member shall, on the expiration of the term for which
the member is appointed, continue to hold office until another
member is appointed, but in no case shall an extension of the
period exceed three months. (3) The office of member becomes vacant if the member—
(a) dies;
(b) is adjudged bankrupt under any written law;
(c) is absent, without reasonable excuse, from three
consecutive meetings of the Board of which the
member has had notice, without the prior approval of
the Board;
(d) resigns, by giving one month’s notice in writing, to the
Minister;
Seal of
Institute
Tenure of
office and
vacancy
262 No. 16 of 2025 Occupational Health and Safety

iving one month’s notice in writing, to the
Minister;
Seal of
Institute
Tenure of
office and
vacancy
262 No. 16 of 2025 Occupational Health and Safety

(e) is legally disqualified from performing the functions of a
member;
(f) ceases to be an employee or a member of the ministry,
institution or organisation that nominated the member;
and
(g) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a term
exceeding six months without the option of a fine. (4) The Minister shall, where the office of a member becomes
vacant before the expiry of the term of office, appoint another
member in place of that member, but that member shall hold office
as a member only for the unexpired part of the term of the Board. 3. (1) Subject to the other provisions of this Act, the Board
may regulate its own procedure. (2) The Board shall meet for the transaction of business at
least once every three months at a place and time that the Board
may determine. (3) The Chairperson shall, on giving notice of not less than
fourteen days, call for a meeting of the Board, or where one third
or more of the members so request, in writing, except that if the
urgency of a particular matter does not permit the giving of a notice,
a special meeting may be called on giving a shorter notice.

except that if the
urgency of a particular matter does not permit the giving of a notice,
a special meeting may be called on giving a shorter notice.

(4) Five members shall form a quorum at a meeting of the
Board. (5) There shall preside at any meeting of the Board—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
or
(c) in the absence of the Chairperson and the Vice-
Chairperson, a member as the members present may
elect for the purpose of that meeting. (6) A decision of the Board on any question shall be by a
majority of the members present and voting at the meeting and, in
the event of an equality of votes, the person presiding at the meeting
shall have a casting vote in addition to the deliberative vote. (7) A member may, where the member is for any reason unable
to attend a meeting of the Board, nominate another person, in writing,
from the same ministry, institution or organisation to attend a meeting
of the Board in that member’s stead and that person shall be deemed
to be a member for the purpose of that meeting. Proceedings
of Board
Occupational Health and Safety [No. 16 of 2025 263

nd that person shall be deemed
to be a member for the purpose of that meeting. Proceedings
of Board
Occupational Health and Safety [No. 16 of 2025 263

(8) The Board may invite a person whose presence is in the
Board’s opinion desirable to attend and to participate in the
deliberations of the meeting of the Board but that person shall
have no vote. (9) The Board shall cause minutes to be kept of the
proceedings of every meeting of the Board and any committee of
the Board. 4. (1) The Board may, for the purpose of performing its
functions under this Act, constitute a committee and delegate any
of its functions to the committee as the Board considers necessary. (2) The Board may appoint as members of a committee,
persons who are or are not members, except that at least one
member of the Board shall be a member of a committee. (3) A member of a committee shall hold office for a period
that the Board may determine. (4) Subject to any specific or general directions of the Board,
a committee may regulate its own procedure. 5. A member of the Board or any committee of the Board
shall be paid allowances that the Emoluments Commission may,
on the recommendation of the Minister, determine. 6.

Board or any committee of the Board
shall be paid allowances that the Emoluments Commission may,
on the recommendation of the Minister, determine. 6.

(1) A person who is present at a meeting of the Board or a
committee of the Board at which any matter is the subject of
consideration and in which matter that person or that person’s
relative or associate is directly or indirectly interested in a private
capacity, shall, as soon as is practicable after the commencement
of the meeting, declare that interest and shall not, unless the Board
or the committee otherwise directs, take part in any consideration
or discussion of, or vote on, any question relating to that matter. (2) A disclosure of interest made under subparagraph (1) shall
be recorded in the minutes of the meeting at which is made. 7. An action or other proceedings shall not lie or be instituted
against a member of the Board or a committee of the Board or a
member of staff of the Institute for, or in respect of, an act or
thing done or omitted to be done in good faith in the exercise or
performance of any of the powers, functions or duties conferred
under this Act. Committees
of Board
Disclosure of
interest
Immunity of
members
Allowances
264 No. 16 of 2025 Occupational Health and Safety

conferred
under this Act. Committees
of Board
Disclosure of
interest
Immunity of
members
Allowances
264 No. 16 of 2025 Occupational Health and Safety

PART II
FINANCIAL PROVINSIONS
8. (1) The funds of the Institute consist of monies that may—
(a) be appropriated to the Institute by Parliament;
(b) be paid to the Institute by way of fees, grants or donations;
and
(c) vest in, or accrue to, the Institute. (2) The Institute may, subject to the Public Finance
Management Act and the approval of the Minister, accept monies
by way of grants or donations from any source within or outside
the Republic. (3) The loans for the Institute shall be raised in accordance
with the Public Debt Management Act, 2022. (4) There shall be paid from the funds of the Institute—
(a) the salaries, allowances, loans, gratuities and pensions
of the staff of the Institute and other payments for the
recruitment and retention of staff;
(b) reasonable traveling expenses and other allowances for
members of the Board or members of a committee of
the Board when engaged in the business of the Institute
at rates that the Emoluments Commission may, on the
recommendation of the Minister, determine; and
(c) any other expenses incurred by the Institute in the
performance of the Institute’s functions under this Act.

ation of the Minister, determine; and
(c) any other expenses incurred by the Institute in the
performance of the Institute’s functions under this Act.

(5) Subject to the Public Finance Management Act, the Board
may, with the approval of the Minister, invest in a manner that the
Board considers necessary any of the Institute’s funds that the
Institute does not immediately require for the performance of the
Institute’s functions. 9. The financial year of the Institute shall be a period of
twelve months ending on 31st December in each year. 10. (1) The Board shall cause to be kept proper books of
accounts and other records relating to the Institute’s accounts. (2) The accounts of the Institute shall be audited annually by
the Auditor-General or an auditor appointed by the Auditor-General. (3) The fees for the Auditor-General or an auditor appointed
by the Auditor-General shall be paid by the Institute. Funds of
Institution
Cap. 347
Cap. 347
Act No. 15 of
2022
Financial year
Accounts and
audit
Occupational Health and Safety [No. 16 of 2025 265

titute. Funds of
Institution
Cap. 347
Cap. 347
Act No. 15 of
2022
Financial year
Accounts and
audit
Occupational Health and Safety [No. 16 of 2025 265

11. (1) The Board shall, as soon as practicable, but not later
than ninety days after the end of the financial year, submit to the
Minister a report concerning the activities of the Institute during
the financial year.
(2) The report referred to in subparagraph (1) shall include
information on the financial affairs of the Institute and there shall
be appended to the report
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income and
expenditure; and
(c) any other information that the Minister may require.
(3) The Minister shall, not later than seven days after the
first sitting of the National Assembly next after receipt of the
report referred to in subparagraph (1), lay the report before the
National Assembly.
Annual
Report
266 No. 16 of 2025 Occupational Health and Safety

e
report referred to in subparagraph (1), lay the report before the
National Assembly.
Annual
Report
266 No. 16 of 2025 Occupational Health and Safety

SECOND SCHEDULE
(Section 54(2))
1. In this Schedule “former Institute” means the Occupational
Health and Safety Institute established under the repealed Act. 2. (1) For the avoidance of doubt, a person who, before the
commencement of this Act, was an officer or employee of the
former Institute, shall continue to be an officer or employee of the
Institute, as if appointed or employed under this Act. (2) The service of the persons referred to, in subparagraph
(1) shall be treated as continuous service. (3) Nothing in this Act affects the rights and liabilities of any
person employed or appointed by the former Institute before this
Act comes into force. 3. (1) On or after the commencement of this Act, there shall
be transferred to, vest in and subsist against the Institute by virtue
of this Act and without further assurance, all assets, rights and
obligations which immediately before that date were the assets,
rights, liabilities and obligations of the former Institute.

e, all assets, rights and
obligations which immediately before that date were the assets,
rights, liabilities and obligations of the former Institute.

(2) Subject to subparagraph (1), every deed, bond and
agreement, other than an agreement for personnel service, to which
the former Institute was a party immediately before the
commencement of this Act whether or not of a nature that rights,
liabilities and obligations could be assigned, shall, unless its subject
matter or terms make it impossible that it should have effect as
modified, as provided under this paragraph, have effect as if—
(a) the Institute had been party to it;
(b) for reference to the former Institute there was substituted,
with respect to anything falling to be done on or after
the commencement of this Act, a reference to the
Institute; or
(c) for any reference to any officer of the former Institute,
not being a party to it and beneficially interested, there
were substituted, as respects anything falling to be done
on or after the commencement of this Act, a reference
to that officer of the Institute, that it shall designate.

respects anything falling to be done
on or after the commencement of this Act, a reference
to that officer of the Institute, that it shall designate.

(3) Where under this Act, any assets, rights, liabilities
and obligations of the former Institute are deemed to be transferred
to the Institute in respect of which transfer a written law provided
Interpretation
Staff of
Institute
Transfer of
assets and
liabilities
Occupational Health and Safety [No. 16 of 2025 267
5
10
15
20
25
30
35

w provided
Interpretation
Staff of
Institute
Transfer of
assets and
liabilities
Occupational Health and Safety [No. 16 of 2025 267
5
10
15
20
25
30
35

Legal
proceedings
for registration, the Institute shall make an application, in writing,
to the appropriate registration authority for registration of the
transfer.
(4) The registration authority, referred to in subparagraph (3),
shall make entries in the appropriate register as shall give effect
to the transferee concerned a certificate of title in respect of the
property or make necessary amendments to the register and shall
endorse the deeds relating to the title, right or obligation concerned
and no registration fees or other duties shall be payable in respect
of the transaction.
4. (1) Any legal proceedings or application of the former
Institute pending immediately before the commencement of this
Act by, or against, the former Institute may be continued by or
against the Institute.
(2) After the commencement of this Act, proceedings in
respect of any right, liability or obligation which was vested in,
held, enjoyed, incurred or suffered by the former Institute, may
be instituted by or against the Institute.
268 No. 16 of 2025 Occupational Health and Safety