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Tanzania
Workers Compensation Act, 2008
Workers Compensation Regulations, 2016
Government Notice 185 of 2016
- Published in Government Gazette on 27 May 2016
- Assented to on 24 May 2016
- Commenced on 27 May 2016
- [This is the version of this document from 27 May 2016.]
Part I – Preliminary provisions
1. Title
These Regulations may be cited as the Workers Compensation Regulations, 2016 and shall come into operation on the date of publication.2. Application
3. Interpretation
In these Regulations, unless the context otherwise requires—“Act” means the Workers Compensation Act;[Cap. 263]“accreditation” means a process whereby the qualification and capabilities of health care providers are verified for the purposes of conferring upon the privilege of participation in the Fund;“annual earnings” means the annual amount which is paid by an employer to his employees during tenancy of their employment contracts and include basic salaries and other fixed allowances which are paid on monthly basis along with basic salaries and subject to sections 58, 73(1)(a), 73(5) and 73(6);“assessor” means a person with special technical skills appointed by the Director General from within or outside the Fund, permanently or for a specific purpose, to assist the Director General in the performance of his duties;“apprentice” means a person who works for an employer for the purpose of learning within a specific time;“authorized person” means an employee of the Fund or any other person with required skills appointed by the Director General to investigate any matter that he deems necessary for the performance of his functions;“chairman” means the Chairman of the Board of Trustees appointed in accordance with the First Schedule of the Act;“competent authority” means a person, officer, office or body with the power under any relevant written law to do, decide or determine any matter as may be prescribed;“employee” means—(a)any person, including an apprentice but excluding an independent contractor, who works for another person or for the state and who receives, or is entitled to receive, any remuneration; and(b)any other person who in any manner assists in carrying on or conducting the business of employer and who receives, or is entitled to receive, any remuneration:Provided that the following persons are exempted from the definition of “employee” in line with the provisions of section 1(2) and section 94(1) (h) and (2) of the Act, until such time that the Minister has issued specific regulations for them upon being advised by the Board—(a)a person who is employed or works for an employer in the informal sector;(b)a person who is employed or works for an employer in the formal sector for less than thirty consecutive days including weekends and public holidays;(c)any person who is a member of armed forces or of any visiting force lawfully present in Mainland Tanzania;(d)any person who is employed or works for the Tanzania Intelligence and Security Service;(e)an apprentice who is not paid salary or allowance by the employer;(f)any class of person whom the Minister may declare not to be an employee for the purposes of these Regulations;“employer” means any person, including the Government and an executive agency, who employs an employee;“formal sector” means a sector which include employers and employees who have entered into a contract of employment or apprenticeship or any other contract contemplated in the definition of “an employee”;“Fund” means the Workers Compensation Fund established under section 5 of the Act;“health care provider” means any person, institution or agency that provides curative health services;“informal sector” means the sector which include workers who work informally and who do not have employment contract or any other contract contemplated in the definition of “an employee”;“medical advisory panel” means a body of Medical Practitioners composed by the Director General under section 10 of the Act;“nomination committee” means a committee established by the Minister under regulation 4;“notice” means notice which is either in writing or verbal;“occupational accident” means an unexpected occurrence arising out of or in connection with work which may result into an employee’s injury or death;“occupational disease” means a disease set out in the Third Schedule to the Act or any other disease that has arisen out of and in the course of the employee’s employment;“occupational injury” means an injury sustained by an employee as a result of an occupational accident or occupational disease;"party" means any person who is a party to any proceedings under the Act, and includes a person appearing for a party;"person" means any word or expression descriptive of a person and includes a public body, company, or association or body of persons, corporate or unincorporated;"representative" means the executor or other person lawfully appointed to take charge of the estate of a deceased employee, or any person specially appointed by the Director General to make an application on behalf of the deceased employee’s dependants for compensation and in other respects to act as the representative of such employee for the purposes of these Regulations;“revenue” means income of the Fund and includes contributions from employers, investment income, penalties imposed under the Act, funds from any lawful sources and any other income which is legally acquired by the Fund during a specific period of time;“risk exposure” means a potential for an occurrence of accident or occupational disease that might occur in the course of employment;“sign” includes the making by a person of a mark, attested by two competent witnesses testifying that such mark was made by such person in their presence, and "signature" includes a mark so made;“tariff” means the sum of money equal to percentage of annual earnings of employees paid to the Fund as per requirement of these Regulations;"total disablement" in relation to an employee, means temporary or permanent inability to perform the work for which he was employed or inability to perform any other suitable work as a result of an accident or occupational disease in respect of which compensation is payable;“workers compensation” means financial support system established under the law to provide income protection, medical care and rehabilitation to employees for illness, injury, or death arising out of and in the course of their employment.Part II – Appointment and termination of Director General, Chairman and other Members of the Board
4. Nomination Committee
5. Functions of the Nomination Committee
6. Appointment of Director General and Chairman
7. Disqualification of Director General
8. Appointment and termination of members of the Board
Part III – Employer’s registration and assessment of tariffs
9. Registration of employer
10. Particulars of business
11. Tariff determination
12. Assessment of employer’s degree of risk exposure
13. Payment of tariff
14. Employer’s return of earnings
Part IV – Occupational accident, occupational disease or death notification procedure and provision of health care
15. Notification of accident by employee or employer
16. Notification of occupationnal disease by employee or employer
17. Notification of death
18. Care and treatment pending compensation
Part V – Submission and review of claim for compensation
19. Claim for compensation
20. Receipt of a claim by Director General
21. Submission of medical report
22. Formal hearing by Director General
23. Assessors in formal hearing
24. Powers of Director General in respect of witnesses
25. Non appearance of parties
Where any party to the formal hearing fails to appear at the time and place fixed for such hearing, the Director General may in his discretion—26. Criteria for consideration of claims
27. Findings and decision of Director General on formal hearing
28. Review of decision by Director General
29. Appeals to the Minister and application for revision
30. Records in relation to claims
Part VI – Benefits payable by the Fund
31. Benefits
32. Beneficiaries
Part VII – Determination and payment of compensation
33. Determination of compensation
The determination of compensation shall be in the manner provided under Parts VI and VII of the Act, where the Director General has, in the manner provided for under Part V of these Regulations, accepted a claim for compensation submitted by an employer, employee or any other person on behalf of the employee.34. Payment of compensation
35. Provision of medical aid and rehabilitation
36. Compensation for temporary total or partial disablement
37. Consideration of claim for temporary total or partial disablement
38. Compensation for permanent disablement
39. Mode of payment
40. Funeral grants, constant attendant care grants, medical costs, conveyance costs and rehabilitation benefits
41. Compensation for dependants
42. Employer’s duty on payment of compensation
43. Medical examination for a pensioner
Part VIII – Accreditation of health care providers
44. Power to grant accreditation
45. Health care providers
Subject to regulation 44, there shall be accredited health care providers include the—46. Condition for accreditation
47. Powers of Director General in relation to health care providers
For the purpose of managing accredited health care providers, the Director General shall, with the approval of the Board—48. Choice of health care provider by employee
49. Quality assurance
The Fund shall develop and implement a performance monitoring system for the purpose of ensuring provision of quality services by an accredited health care provider.Part IX – General provisions
50. Appointment of an actuary
The Board shall at an interval of three years or at any other interval as the Authority may direct, appoint an actuary in accordance with the Public Procurement procedures to carry out the valuation of the Fund.51. Cessation of payment of pension
52. Disposal of unclaimed money
53. Employees’ rights
An employer or trade union shall be required to display at a conspicuous place employees’ rights provided in the Second Schedule of these Regulations.54. Compensation for apprentice
55. Compensation for the excepted employees
Employers of the excepted employees shall be required to have insurance arrangement in place to provide protection to employees in case of contingencies involving occupational accidents, diseases and deaths.56. Fees, allowance and other payments
The Director General, shall, from time to time and with the approval of the Board, determine fees, allowances and other payments of a medical practitioner, an authorized person, an assessor, a witness or any person who renders services to the Fund.57. Powers to make investigations or inspections
58. Register of accidents
Every employer shall be required to keep a register of accidents, occupational diseases or death as stipulated in guidelines issued from time to time by the Director General.59. Duty to keep records
The Director General shall keep all records of the Fund in accordance with the applicable laws and guidelines in relation to records management.60. Penalties
Any person who is convicted of an offence where no penalties have been provided under these Regulations, shall, on conviction be liable for a fine not exceeding five hundred thousand shillings or to imprisonment for term not exceeding six months or both.61. Revocation of GN. No. 106 of 2011
The Workers Compensation (Appointment of Director General) Regulations, 2011 is hereby revoked.History of this document
27 May 2016 this version
Commenced
24 May 2016
Assented to
Cited documents 0
Documents citing this one 2
Gazette 1
1. | Tanzania Government Gazette dated 2016-05-27 number 22 |
Judgment 1
1. | Naomi Ally Mwamakula vs Yapi Merkes and 2 Others (Labour Revision 25 of 2021) [2022] TZHC 12493 (11 August 2022) |