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Uganda
Occupational Safety and Health Act, 2006
Act 9 of 2006
- Published in Uganda Gazette 36 on 8 June 2006
- Assented to on 24 May 2006
- Commenced on 7 August 2006 by Occupational Safety and Health Act 2006 (Commencement) Instrument, 2006
- [This is the version of this document from 8 June 2006.]
Part I – Preliminary
1. Commencement
This Act shall come into force on a date to be appointed by the Minister by statutory instrument and different dates may be appointed for the commencement of different provisions.2. Interpretation
In this Act, unless the context otherwise requires—“air receiver” means any vessel (other than a pipe or coil, or an accessory, fitting or part of a compressor) for containing compressed air, connected with an air compressing plant or any fixed vessel for containing compressed air or compressed exhaust gases, used for the purpose of starting an internal combustion engine;“area under the influence of” includes any area where the fall of the contaminant released directly or indirectly from an undertaking may come to rest or be present and cause its deleterious effect whether in its original form or in a chemically modified form through natural processes having been carried there by prevailing wind, rain water run-off or by any other natural agent, and any area where dangerous levels of the contaminant may be present and cause its effects, having been taken there through the effluent or other waste disposal methods used at the undertaking;“article” means solid, liquid or gas or any of their combination or any plant designed for use or operation (whether exclusively or not) by persons at work or any article designed for use as a component in any plant or work process;“authorised person” means in relation to the performance of any function or duty under this Act, a person who is authorised in writing by the Commissioner for Occupational Safety and Health, to perform that function or duty;“bodily injury” includes injury to health;“building operation” means the construction, structural alteration, repair or maintenance of a building (including re-painting, re-decoration and external cleaning of the structure), the demolition of a building, but does not include any operation which is a work of engineering construction within the meaning of this Act;“chemical substance” means any natural or artificial substance intended for use in any physical state whether gaseous, liquid or solid and in particular includes, pesticides, fungicides, fumigants, herbicides, wood preservatives, fertilizers, growth control chemicals, industrial chemicals, laboratory chemicals, solvents, pharmaceuticals and food preservatives and food additives;“class or description” in relation to a workplace, includes a group of workplaces described by reference to locality;“Commissioner” means the Commissioner for Occupational Safety and Health and includes any other inspector authorised to act on his or her behalf, by the appointing authority;“competent authority” means a government department, or other public authority with the power to issue regulations, orders or other instructions having the force of law;“competent person” means a person with suitable training and sufficient knowledge, experience and skill for the performance of specific work;“confined space” includes any chamber, vat, pit, pipe, flue, tank, drain, sewer, still, tower or any other confined space (other than a steam boiler) where there may be a concentration of dangerous fumes, toxic materials or substances, harmful liquids or lack of oxygen, that cause danger to the health of an employed person;“currency point” has the meaning assigned to it in Schedule 1;“dangerous occurrence” means a readily identifiable event, with potential to cause an injury, or disease to persons at work or the public;“driving-belt” includes any driving strap or rope;“fatal occupational injury” means occupational injury leading to death;“fume” includes gas or vapour;“gas” means any combustible gas produced for the purpose of heating or lighting;“gas plant” means any plant, apparatus or machine for generating gas (including any container holding compressed, dissolved or liquified gas under pressure) connected to a system of appliances or points and includes all pipes and appliances for storing the gas, or for conveying or regulating the flow of the gas to the places where it is to be used, but excludes any plant, apparatus, machine, pipes or appliances used solely in connection with a single private dwelling house;“General Register” means the register kept in accordance with the requirements of section 112;“health" in relation to work means not merely the absence of diseases or infirmity, it includes the physical and mental elements affecting health which arc indirectly or directly related to safety and hygiene at work;“incident” means an unsafe occurrence arising out of or in the course of work where no personal injury is caused, or where personal injury needs only first-aid treatment;“inspector” means an inspector appointed under this Act and includes the Commissioner;“lifting appliance” means a pulley block, gin wheel, chain block, or set of chain blocks;“lifting gear” means chains, ropes, chain slings, rings, hooks, shackles, swivels, eyebolts, lifting beams and scale beams;“lifting machine” means a crane, crab, winch, teagle, runway, transport or forklift trucks used for raising or lowering persons or objects;“machinery” includes any driving belt;“maintained” means maintained in an efficient state, in efficient working order, and in good repair;“Minister” means the Minister responsible for occupational safety and health;“noise” means all sound which may result in hearing impairment or which may be harmful to health or which is dangerous, disagreeable or undesired;“non-fatal occupational injury” means occupational injury which does not lead to death;“occupational accident” means an occurrence arising out of or in the course of work which results in fatal occupational injury or non-fatal occupational injury;“occupational disease" means a disease contracted as a result of an exposure to risk factors arising from a work activity;“occupational injury” means any personal injury resulting from an occupational accident;“occupier” means a person, using or occupying premises as a workplace or who is employing workers;“owner” means a person for the time being, receiving the rents or profits of premises, on his or her own account or as an agent or trustee for any other person, or who would receive the rent if the premises were leased;“plant” includes any machinery, equipment and appliance;“premises” includes any place and, in particular includes any vehicle, vessel, air craft, installation or land, any off-shore installation or any other installation (whether floating or resting on a lake or river bed or the subsoil of the river bed or resting on land covered with water or the subsoil of the land), and any tent or movable structure;“prescribed institution” means any department, organisation, institute or other body of an expert character prescribed by the Minister by statutory instrument;“prime mover” means an engine motor or other appliance which provides mechanical energy derived from steam, water, wind, electricity, the combustion of fuel or other source;“process” includes the use of any locomotive;“radiation” means all frequencies of electro-magnetic wave spectrum including in particular microwaves, infra-red, visible and ultra-violet. X-rays, and also includes ionizing radiation such as (α) particles, (β) particles and (ϓ) rays which result from emission from radioactive isotopes;“railway” means any railway used for the purpose of public traffic whether passengers, goods, or other traffic, and includes any works used in connection with and for the purposes of the railway;“regulations" means regulations made under section 119;“safe working load” means a load specified in a certificate of test obtained from a manufacturer or issued by an authorised person;“safe working pressure” means in the case of a new steam receiver, that pressure that is specified in the manufacturer’s certificate or a certificate issued by an authorised person;“sanitary conveniences” include urinals, water-closets, earth-closets, privies, ashpits and any similar conveniences;“steam boiler” means any closed vessel in which for any purpose, steam is generated under pressure greater than atmospheric pressure, and includes any economiser used to heat water being fed to any vessel, and any super-heater used for heating steam;“steam container” means any vessel (other than a steam pipe or coil) constructed with a permanent outlet into the atmospheric pressure, and through which steam is passed at atmospheric pressure or at approximately that pressure for the purpose of heating, boiling, drying, evaporating or other similar purpose;“steam receiver” means any vessel or apparatus (other than a steam boiler, steam container, a steam pipe or coil, or part of a prime mover) used for containing steam under pressure greater than atmospheric pressure;“transmission machinery” means every shaft, wheel, drum, pulley, coupling, clutch, driving-belt, or other device by which the motion of a prime mover is transmitted to or received by any machine or appliance;“work of engineering construction” means the construction of any railway line or siding, and the construction, structural alteration or repair (including re-pointing and re-painting) or the demolition of any dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipe-line, aqueduct, sewage, sewage works, or gas-holder, and includes any other works as may be specified by the Minister, by a statutory instrument;"worker” means a person who performs work, regularly or temporarily for an employer and includes a public officer;“working environment” means all places of work and all sites and areas where work is carried out including not only the permanent, indoor, stationary places of work, such as factories, offices and shops but also temporary places of work such as civil engineering sites, open-air places such as fields, forests, roads, oil refineries and mobile places of work such as cabs of trucks, seats of tractors and excavators, ships, galleys, freight decks of aircraft, and without exception, places where workers are found as a consequence of their work (including canteens and living quarters onboard ships);“workplace” has the same meaning as “working environment”;“vibration” means any vibration which is transmitted to the human body through solid structures and is harmful to health or is dangerous.Part II – Administration and enforcement of the Act
3. Appointment of inspectors
4. Administration of the Act
The Commissioner shall be responsible for the administration of this Act.5. Duty of confidentiality by inspectors
6. Powers of inspectors
An inspector shall, for the purpose of the execution of this Act, have power—7. Occupier to accord facilities to inspectors
An occupier of a workplace or his or her agents, shall furnish the means required by an. inspector, necessary for an entry, inspection, examination, inquiry, the taking of samples or any alterations, for the exercise of his or her powers, in relation to that workplace.8. Causing delay to, or obstruction of inspectors
9. Powers of inspector to prosecute
10. Establishment of the Occupational Safety and Health Board
11. Advisory panels
The Minister may appoint an advisory panel as he or she may from time to time think necessary, to give advice or assistance on any workplace process, chemical, hazard, injury or disease.12. Terms of service of members of advisory panels
Part III – General duties, obligations and responsibilities of employers
13. Duty of employers to protect workers
14. Safety and health measures of employers
15. Safety representatives
16. Safety committees
17. Employer to consult with workers' organisations
18. Employer to monitor and control the release of dangerous substances into the environment
19. Employer to provide protective gear
20. Employer to provide alternative suitable employment
Where an assignment involves continuous exposure to dangerous emissions or to substances and agents which are harmful to health, and it is certified to be medically inadvisable to continue the exposure, it shall be the duty of the employer to provide the worker concerned with suitable alternative employment.21. Employer to supervise health of workers
22. Medical records of workers to be kept
Part IV – General duties of employers and the self employed
23. Employers’ duty to persons other than employees
24. Self-employed’s duty to himself or herself and third parties
A self-employed person shall conduct his or her undertaking in a way that ensures, as far as is reasonably practicable, that he or she and any other person who may be affected by the undertaking is not exposed to risks to his or her health or safety.25. Employer to display guide safety precautions
Every employer, including a self-employed person shall—26. Duty to provide safe premises
27. Duty of controller of premises to keep air free of pollutants
It is the duty of a person with control of premises to which section 26 applies, to use the best practicable means to prevent the emissions into the atmosphere from the premises, of toxic or offensive substances and to render harmless and inoffensive any substances that may be emitted.Part V – General duties of manufacturers, suppliers and transporters
28. General duties of manufactures, suppliers and transporters
29. Joint and several liability of suppliers and receivers
30. Duty of effective supplier
31. Duty of designer or manufacturer to pre-test articles
It is the duty of any person who designs or manufactures any article for use at work, to carry out or to arrange to carry out any research necessary for the discovery and, as far as is reasonably practicable, to eliminate or minimize any risk to health or safety, which the design or article may give rise to.32. Approved tests, examinations or research not to be repeated
Nothing in this Act shall be taken to require a person to repeat any testing, examination or research which has been carried out by any person, where it is reasonable for him or her to rely on results of a previous examination or research.33. Importers to get relevant information
In circumstances to be prescribed by the Government occupational hygienist, it shall be the duty of a person who imports any article or chemical substance for use at work, to obtain adequate research information of its toxicity and harmful effects to the health of any worker exposed to it and to avail this information to any person concerned, in order to eliminate or minimize any risks to health or safety which the article or chemical substance may give rise to.34. Pre-authorisation in cases of highly toxic chemical substances
The manufacture, supply, transport, use or disposal of chemical substances in a working environment, which the Government chemist or any other authority mandated by law considers highly toxic, or dangerous or capable of causing grave harm to health, the environment, or an undertaking shall be subject to specific authorisation by the Government chemist or other authorities, after measures are taken to ensure adequate protection.Part VI – Duties, rights and responsibilities of workers
35. Duty of workers to take care
36. Duty to report dangerous situation to immediate supervisor
37. Workers' right to move away from dangerous situation
A worker who removes himself or herself from a work situation which he or she has reasonable justification to believe presents an imminent and serious danger to his or her life or health shall not be punished or subjected to undue consequences, provided the danger is confirmed by the Commissioner.38. Workers not to be penalized for complying with Act
An employer shall not levy or permit to be levied on any worker any penalty in respect of anything done or provided under this Act.39. Reckless or intentional interference with safety measures
A person who intentionally or recklessly interferes with or misuses anything provided in the interest of health, safety or welfare under this Act, commits an offence.Part Vll – Registration of workplaces
40. Commissioner to keep register
41. Certificate of registration
42. Construction on workplaces to be approved by Commissioner
A plan and any architectural drawings of a new workplace and of any alterations of an existing workplace shall be submitted to the Commissioner for approval, before the construction of buildings or alterations of existing buildings of workplaces begins.43. Commissioner may vary register
The Commissioner may vary or delete an entry in the register of workplaces, in respect of any premises, where he or she is satisfied that the variation or deletion has become necessary, to maintain the accuracy of records, and may, in the same instance, vary the certificate of registration issued in respect of the premises.44. Commissioner to be notified on use of mechanical power
An occupier shall notify the Commissioner in writing, of the full particulars of any mechanical power used at a workplace, not less than one month before the date upon which the mechanical power is first used in the workplace.Part VIII – Health and welfare
45. Buildings at workplace to be of sound construction, etc
46. Workplaces to be kept clean
47. Healthy and safe working environment
48. Workplaces to have suitable lighting
49. Provision of adequate sanitary conveniences
In any building where work is carried out—50. Provision of adequate wholesome drinking water
An adequate supply of wholesome drinking water shall be provided and maintained at suitable points in a workplace, conveniently accessible to all workers.51. Provision of adequate washing facilities
52. Cloakrooms
A suitable cloakroom shall be provided and maintained for the use of workers.53. Facilities for sitting down
54. Facilities for meals
55. First aid at the workplace
Part IX – General safety requirements
56. General safety requirements
Part X – Fire preparedness
57. Means of escape in case of fire
58. Fire extinguishing gadgets
In all workplaces subject to this Act, there shall be provided and maintained, to be readily accessible, means of extinguishing fire, which shall be adequate and suitable having regard to the circumstances of each case.59. Safe keeping of inflammable substances
60. Occupier’s duty to ensure adequate fire response
It is the responsibility of an occupier to ensure adequate preparedness and response to any fire incidents in his or her premises.Part XI – Machinery, plant and equipment
61. Fencing of dangerous machinery, plant, and equipment
62. Certificate of exemption
The Commissioner may, by certificate, subject to any conditions specified in the certificate, exempt an occupier from compliance with any of the requirements of section 61, where the Commissioner is satisfied that compliance with the requirements is unnecessary or impracticable.63. Efficient control of power
64. Safe use of driving belts
Suitable striking gear or other efficient mechanical appliances shall be provided, maintained and used to move driving-belts to and from fast and loose pulleys which form part of the transmission machinery, and the gear or appliances shall be constructed, placed and maintained in a way that prevents the driving-belt from creeping back on the fast pulley.65. Unfenced machinery
In determining, for the purposes of this Part, whether any part of a piece of machinery is in a position or of construction that is safe to every employee on the premises, as it would be if it were securely fenced—66. Where section 65 not to apply
Section 65 shall not apply where—67. Machine driven by mechanical power to be encased
68. Self-acting machines
69. Hoists and lifts
70. Hoist or lift not connected with mechanical power
71. Lifting gear
72. When lifting appliances and machines may be used
73. Training of crane drivers, e.t.c.
The Minister may make regulations for the training of crane drivers, slingers, persons who give signals to crane drivers and works transport drivers.74. Non-liability of inspectors, e.t.c.
An inspector or an authorised person, is not liable for any damage to a lifting appliance or lifting machine, caused in the course of a test.75. Register of lifting gear
A register containing the particulars specified in Schedule 6 shall be kept in the workplace, with respect to lifting gear, lifting appliances and lifting machines, to which this Part applies.76. Steam boilers
77. Examination of steam boilers
78. Steam receivers
79. Examination of steam receivers
80. Air receivers
81. Commissioner’s power to make exemption
The Commissioner may, by notice in the Gazette exempt from, sections 77, 78, 79 or 80, any class or type of steam boiler, steam receiver, steam container or air receiver, of which he or she is satisfied that the section from which it is exempt cannot be reasonably applied, and the exception may be unqualified or may be subject to any conditions as may be contained in the notice.82. Gas plants
Part XII – Hazardous materials
83. Handling of hazardous materials
84. Electrical apparatus, etc to be fit for work meant
All electrical apparatus, fittings and conductors shall be sufficient in size and power for the work they are meant for and shall be constructed, installed, protected, worked and maintained to prevent danger, as far as is reasonably practicable.85. Toxic materials to be used as last resort
86. Drenching facilities for emergency cases
Where dangerous or corrosive liquids are used, there shall be provided and maintained, for use in case of an emergency—87. Work in confined places
88. Protection of workers from exposure to asphyxiants or irritants
89. Lifting of heavy loads
An employee shall not be required to lift, carry or move a load which is heavy and likely to cause him or her injury.90. Workers not to be exposed to ionising radiation, etc
91. Provision of personal protective gear
92. Protection of eyes in certain processes
93. Medical examination or supervision in certain processes
The Minister may require a medical supervision or a medical examination of a person, or any class of persons employed, where in any workplace—94. Prohibition order
Part XIII – Chemical safety and special provisions
95. General precautions in handling chemicals
96. Provision of chemical data sheets
97. Labelling of hazardous chemicals
98. Duty of suppliers, manufacturers, etc
Part XIV – Offences, penalties and legal proceedings
99. Misuse of appliances provided
A person commits an offence who—100. Worker not to endanger premises or working environment
A worker who wilfully or recklessly does anything which he or she knows or ought to have known to be likely to endanger the safety of the premises of the workplace, or operations or the safety or health of himself or herself or the other employed persons in the premises or who are involved in the operation, commits an offence.101. Forgery of certificates, false entries and false declarations
A person who does any of the following acts commits an offence—102. Penalties in cases of fatal and non-fatal injuries
103. General offences
104. General penalty
105. Application for an alternative remedy
106. Trade secrets
107. Third party liability
Where an act or default for which an occupier or owner of a workplace is liable under this Act, is the act or default of an agent, servant, worker or other person, the agent, servant, worker or other person commits an offence and is liable, on conviction, to the same penalty as if he or she were the occupier or owner, as the case may be.108. Owner of machine, etc to be deemed occupier
Where any person other than an occupier of a workplace or a person employed, uses in a workplace, for the purposes of construction, repair, installation or other work, any machine, appliance, equipment or plant which is owned or hired by him or her, that person shall, in respect of any contravention of this Act in relation to the machine, appliance, equipment or plant, be deemed to be the occupier.109. Proceedings against third parties
Where a person is substituted for the occupier or owner of a workplace with respect to this Act, any order, summons, notice or proceedings, which, is under this Act required or authorised to be served on the occupier or owner, shall be served on that person.110. Prosecution of offences
Part XV – Miscellaneous
111. Examination where authorised person is not available
112. General register
113. Entries in general register or other records
114. Preservation of registers and record
The General Register and any other register or record kept under this Act, shall be preserved and kept available for inspection by an inspector for at least five years or such other period as may be prescribed for any class or description of register or record, after the date of the last entry in the register or record.115. Serving and sending of documents
116. Power to modify agreements
Where, by reason of an agreement between an owner and an occupier of premises, the whole or any part of which is let as a workplace, the owner or the occupier is prevented from carrying out any structural or other alterations in the premises, which are necessary to enable him or her to comply with this Act or to conform with any standard or requirement imposed by or under this Act—117. Power to apportion expenses
Where in any premises, the whole or any part of which is let as a workplace, any structural or other alterations are required in order to comply with this Act, and an owner or an occupier, as the case may be, alleges that the whole or part of the expenses of the alterations ought to be borne by only one of the parties of both of the parties—118. Relation of Act to other laws
Except where otherwise provided, this Act shall be in addition to and not in substitution for or diminution of any other law.119. Regulations
120. Minister’s power to amend schedules
121. Repeal of Cap 220 and savings
History of this document
07 August 2006
08 June 2006 this version
24 May 2006
Assented to
Cited documents 0
Documents citing this one 10
Gazette 10
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