Tanzania
Accidents and Occupational Diseases (Notification) Act
Chapter 330
- Published in Tanzania Government Gazette
- Commenced on 1 September 1955
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
1. Short title
This Act may be cited as the Accidents and Occupational Diseases (Notification) Act.2. Interpretation
In this Act, unless the context requires otherwise—"employer" includes any body of persons, corporate or unincorporate and the legal personal representative of a deceased employer, and, where the services of a worker are temporarily lent or let on hire to another person by the person with whom the worker has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the worker while he is working for that other person, and in relation to a person applying for hire with any vehicle or vessel the use of which is obtained by that person under a contract of bailment, the person from whom the use of the vessel or vehicle is so obtained shall, for the purposes of this Act, be deemed to be the employer, and, in relation to a person employed for the purpose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of the club shall, for the purposes of this Act, be deemed to be the employer;"Labour Commissioner" means the person for the time being holding the appointment, or carrying out the duties, of the head of the Department of Labour, or such other person as may be appointed to administer the provisions of this Act;"labour officer" includes the Deputy Labour Commissioner, an Assistant Labour Commissioner and any person appointed to be a labour officer;"medical practitioner" means a medical practitioner registered or licensed under the Medical Practitioners and Dentists Act 1;"Minister" means the Minister responsible for labour matters;"occupational disease" means any disease mentioned in the Schedule to this Act;"outworker" means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished or repaired, or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the materials or articles;"prescribed" means prescribed by order of the Minister;"worker" means any person who has entered into or works under a contract of service or apprenticeship with an employer, whether by way of manual labour, clerical work or otherwise, and whether the contract is expressed or implied, is oral or in writing, but does not include—(a)an outworker; or(b)a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade, occupation or business; or(c)any class of persons whom the Minister may by notice published in the Gazette declare not to be workers for the purposes of this Act.3. Notification of accidents and deaths
4. Power to extend to dangerous occurrences provisions as to notification of accidents
If the Minister considers that, by reason of the risk of serious bodily injury to workers, it is expedient that notice should be given in every case of any special class of explosion, fire, collapse of buildings, accidents to machinery or plant, or other occurrences in places where workers are employed, he may, by rules made under this Act, extend the provisions of section 3 of this Act with such adaptations as may be specified in the rules to any such class of occurrences, whether death or disablement is caused or not, and may, by any such rules, allow the required notice of any occurrence to which the rules relate, instead of being sent forthwith, to be sent within the time limited by the rules.5. Notification of occupational diseases and other diseases
6. Inquest in case of death by accident or occupational disease
7. Power of Minister to direct formal investigation of accidents and cases of occupational disease
8. Penalties
9. Institution of proceedings
The Labour Commissioner or any labour officer may institute proceedings for any offence under this Act or any rules made hereunder and may appear and prosecute in such proceedings.10. Power of Minister to make rules
11. Application of Act to Government
Without prejudice to the generality of the application of this Act, it is hereby declared that this Act shall apply in the case of accidents, occupational diseases, or diseases specified in rules made under section 5 of this Act occurring to persons employed by the Government; and in such cases the notice to be given under this Act by the employer shall be given by such person as the head of the department of the Government.12. Administration of the Act
The Labour Commissioner shall be responsible for the administration of this Act.13. Amendment of R.L. Cap. 263
[Repeals section 14 of the Workmen's Compensation Ordinance; and section 21 of the Master and Native Servants Ordinance.]14. Amendment of Cap. 131
[Amends the Electricity Act.]15. Amendment of R.L. Cap. 123
[Amends of the Mining Ordinance.]History of this document
31 July 2002 this version
Consolidation
01 September 1955
Commenced
Cited documents 4
Legislation 4
1. | Mining Act | 17 citations |
2. | Medical Practitioners and Dentists Act | 12 citations |
3. | Workers' Compesation Act | 6 citations |
4. | Inquests Act | 4 citations |