Making sure the workplace is safe, the rights and obligations of employer & employee.
Every worker is entitled to a safe and healthy place of work, the employers must provide a healthy and safe working environment. If an employer fails to do so and an injury results, he can be sued for the damage caused to a worker or visitors who come to the premises.
What employers are supposed to do to avoid injuries at work?
- To provide safe machinery and equipment that does not pose an unnecessary risk of injury to the user. The machinery must work in its normal working condition such that it does not injure the users.
- To provide safe working environments in terms of ventilation, cooling, or heating as is appropriate,
- To provide protective clothing
- To provide systems of work that are safe and humane,
- To train the workers and make sure they have undergone medical examinations to make sure they are fit for the job.
All of this has to be done at the employer’s expense. The worker must not be asked to contribute money to provide any of the things listed above.
What employees must do to ensure that they are safe and compensated for any injuries sustained during work?
- Workers must take reasonable steps to avoid injury to themselves or others. In other words, workers must not be reckless, otherwise, they will fail to get full compensation for their injuries.
- Not to interfere with the proper functioning of machinery or to misuse machinery
- To listen to the instructions set by the employer on how to work and use machinery at the workplace.
- A worker must report to the police or NSSA or its trade union any failure by the employer to provide a safe working environment.
What happens when there is an injury ?
In the event of injury or death caused at work, you or your relatives have the right to claim compensation from NSSA for the medical expenses, funeral expenses, or future expenses caused by the accident at work.
You only need to prove that you were a worker employed by someone or a certain company and that you got injured during your employment. And you must claim as soon as the date of the accident because the claim may expire and you will not get anything.
The author of this snippet is Simon Flemming Mutandi, a lawyer who writes in his personal capacity. The purpose of these pieces is to share insights into the law. The language and content is simplified to give the reader a digest of complex legal issues. For more information contact 0783475020 or email simonflemming1@gmail.com.
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