Staff Writer
HARARE-The National Mine Workers Union of Zimbabwe (NMWUZ) has welcomed the new Occupational Safety and Health Act signed by President Emmerson Mnangagwa, describing it as a historic victory for mine workers who have for years worked without adequate legal protection.
Under the new law, employees can now legally refuse work that puts their lives or health at risk, and employers cannot dismiss, demote or punish them for doing so.
In an interview, NMWUZ President Kurebwa Javangwe Nhomboka said the Act addresses long-standing grievances in the mining sector, which remains one of the most dangerous industries in the country.
“This development means a lot to workers in the mining sector. For years our members have been forced to choose between their lives and their jobs. Today the law says you can refuse dangerous work and you are protected,” Nhomboka said.
Nhomboka said Section 14(1) of the Act, which states that “Every worker shall have the right to refuse to do work which is likely to cause imminent danger to his or her safety or health which has not been rendered safe,” is particularly significant for underground workers, shaft sinkers and smelter workers.
“Our members face unsupported ground, gas, dust, flooding and chemicals every day. In the past, if you refused to enter an unsafe workplace you were labelled disobedient and fired. Now that refusal is a right protected by statute,” he said.
He also welcomed the provision that protects workers exercising safety rights from dismissal and other prejudicial measures, saying it will empower workers to speak out.
The NMWUZ President said the criminal liability clause, where an employer who contravenes the provisions and causes injury is liable to a Level 14 fine of US$5,000 or up to two years in prison, will force mining companies to invest in safety.
“Section 13 now obligates every employer to provide and maintain a working environment that is safe and without unacceptable risk. Failure to do so is no longer an internal disciplinary issue, it is a crime. This will make employers take safety seriously,” Nhomboka said.
He said the requirement for employers with five or more workers to allow workers to elect safety and health representatives in every section or department, and to establish safety and health committees where two or more representatives exist at the employer’s cost, is a major step towards worker participation.
“Workers are now entitled to adequate information, appropriate training during paid working hours, and consultation on safety matters. They can propose preventive measures. This is what we have been fighting for as a union,” he added.
Nhomboka further hailed the establishment of a dedicated Occupational Safety and Health Department within the National Social Security Authority (NSSA) and a Medical Bureau of Occupational Diseases, noting that the repeal of the Factories and Works Act and the Pneumoconiosis Act consolidates regulation.
“The Medical Bureau will be critical for our retired members suffering from silicosis and other dust diseases. They will now have a clear path to medical examination, certification and compensation under the NSSA Accident Prevention and Workers’ Compensation Scheme,” he said.
The NMWUZ called on all mining companies, including large-scale and small-scale operators, to immediately comply with the new law and urged its members to elect safety representatives and report unsafe conditions.
“This law was written because of the blood and sweat of mine workers. We will ensure it is implemented to the letter,” Nhomboka said.