Crack down on safety non-compliant workplaces begins

By Alfred Wandera

The Ministry of Gender, Labour and Social Development has written to the Directorate of Public Prosecutions and Police ahead of this week's crackdown on workplaces that have not yet complied with the issued safety and health standards.

The ministry's Permanent Secretary, Pius Bigirmana, in an interview with New Vision on Monday in his office, said all is set for the operation that will see over 300, 000 workplaces closed for non-compliance with the guidelines that were issued last month.

"The crackdown has already started. The deadline was February 28 when all workplaces and buildings were expected to have complied, which has since elapsed. Now it's time for action. There will be no more notification," said Bigirimana.

"I have written to the DPP to attach two state attorneys to the ministry to handle the prosecution of the owners of buildings and workplaces that have not complied. We are also collaborating with police to provide security during the crackdown operation and to provide emergency operations in cases of fire and need for evacuation of people from buildings on fire," said Bigirima.

He said he has also written to Kampala Capital City Authority (KCCA) Executive Director, Jenifer Musisi, asking the authority's technical team to meet this week with the ministry officials to harmonise their operations to ensure compliance in the city.
 
"We need collaboration with all government ministries, agencies and districts to ensure that we are consistent with the laws so that we harmoniously work together. We are one government and we should be moving in one direction," said Bigirimana.

Bigirimana hailed KCCA's operation to close businesses in Kampala that have not put in place measures to address safety and health of workers and occupants of buildings in the wake of typhoid outbreak in the city.

In a letter dated October 31, 2014 by Bigirimana to all Permanent Secretaries, Chief Administrative Officers, Town Clerks and Heads of Autonomous Institutions/Bodies,  he reminded them of the need to have building plans approved first by the ministry's Commissioner.

"It should be noted that the approval of architectural drawings by local authorities without consideration of Section 42 of the Occupational Safety and Health Act, No. 9 of 2006 renders all the process null and void. The local authorities ought to approve the drawings after obtaining input from the Department of Occupational Safety and Health," reads Bigirimana's letter.

According to the Occupational Safety and Health Act, 2006, Section 42, the Commissioner for Occupational Safety and Health is mandated to approve construction of workplaces.

Last month, the ministry issued guidelines on architectural plans and drawings that both private and public contractors have to comply with before any works can progress.

The ministry also issued safety and health standards for all workplaces to comply with for the safety and health of the employees.

Among the guidelines to be complied with are putting in place risk assessment and management plan, having ongoing workplace safety and health programme, machine guarding, chemical safety management systems, electrical safety, monitoring system of exposure limits (like noise levels, temperature, light, air quality, radiation, vibration and humidity) and PWD access and related amenities (ramps, toilets and lifts).

Others are having a proper signage (informative, prohibitive, precaution and mandatory), emergency preparedness and response plan, waste management (waste segregation, storage, reuse and disposal systems), fire safety systems,  personal protective equipment (helmets, gloves, goggles and gumboots) and provision of first aid services.

The Occupational Safety and Health Act, No. 9 of 2006 mandates the ministry to ensure that all public and private workplaces adhere to health and safety measures.

The workplaces are supposed to register with the Department of Occupational Safety and Health in the ministry of Gender, Labour and Social Development.

Assistant Commissioner in the ministry in charge of Occupation Health, Alex Asiimwe, said since the guidelines were advertised in the media a month ago, government has collected sh2.5b from registration of over 30, 000 organizations and workplaces.

"The response has been good so far. We have collected about Sh2.5b and more sh10b is in the pipeline as registration process goes on," said Asiimwe. Last month, Asiimwe said over 400, 000 workplaces and buildings across the country had not fulfilled the set safety and health standards.

According to Section 104 of the Occupational Safety and Health Act, No. 9 of 2006, a person who fails to comply with the set standards is liable, on conviction, to a fine not exceeding 24 currency points (sh480, 000) or to imprisonment for a term not exceeding 12 months or both.