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Workers Compensation Act

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30 views4 pages

Workers Compensation Act

Uploaded by

Kabarungi Ruth
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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TOPIC 7: WORKER’S COMPENSATION ACT

Learning Objectives: By the end of this lecture, students are expected to:

1. Explain the concept of Worker’s Compensation Act.

Introduction:
OSH legislative framework:
Uganda has old but straightforward legislation on safety and health. The
origin of this legislation is the British law when Uganda was a British
protectorate. All the British laws were adopted with minor modifications in
1964 just after independence in 1962. Recent efforts have been made to
bring the legislation into conformity with the current phenomena and
concerns.
1.1 The constitution of the republic of Uganda:
The parent legislative framework is the constitution of the republic of Uganda
(1995). This has several articles referring to decent work:
Article 25(1): no person shall be held in slavery or servitude.
Article 25(2): no person shall be required to perform forced labour.
Article 29(1): every person shall have the right to (c) freedom of association
which shall include the freedom to form and join associations or unions,
including trade unions and political and other civic organizations.
Article 34 (4): children are entitled to be protected from social or economic
exploitation and shall not be employed in or required to perform work that is
likely to be hazardous or to interfere with their education or to be harmful to
their health or physical, mental, spiritual, moral or social development.
Article 39: every person has a right to a clean and healthy environment.
Article 40(1): parliament shall enact laws-
 To provide for the right of persons to work under satisfactory, safe and
healthy conditions.
 To ensure equal pay for equal work without discrimination.

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 To ensure that every worker is accorded rest and reasonable working
hours and periods of holidays with pay, as well as remuneration for
public holidays.
Article 40(2): every person in Uganda has the right to practice his or her
profession and to carry on any lawful occupation, trade or business.
Article 40(3): every worker has a right-
(a) to form or join a trade union of his or her choice for the promotion and
protection of his or her economic and social interests.
(b) To collective bargaining and representation.
(c) To withdraw his or her labour according to law.
Article 40(4): the employer of every woman worker shall accord her
protection during pregnancy and after birth, in accordance with the law.
As regards support for the institutions responsible for service delivery, the
national objective v of the constitution states:
Fundamental and other human rights and freedoms:
 The state shall guarantee and respect institutions which are charged
by the state with responsibility for protecting and promoting human
rights by providing them with adequate resources to function
effectively.
 The state shall guarantee and respect the independence of non-
governmental organizations which protect and promote human rights.
 The department of occupational safety and health is one such
institution. Among others are the department of labour, employment
and industrial relations and the Uganda human rights commission.
Closely related to the Factories Act is The Workers Compensation Act Cap
225 Law of Uganda (Formerly known as The Workers Compensation Act No 8
of 2000.) This is a fairly new law and replaces the old Workman’s
Compensation Act of 1964.
i. The main aim of this law is to provide for compensation to workers for
injuries suffered in course of their employment. It deals with matters like
persons entitled to compensation, notice of accident and insurance.

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ii. Generally, an employee is entitled to compensation for any personal injury
from an accident or disease arising out of and in the course of his or her
employment even if the injury or disease resulted from the negligence of the
employee.
iii. The Employer is immediately required to report to the Labour Officer of
the area the accident causing injury or death of a worker. It is an offence to
fail to report an accident. (A written report of the accident is made using a
standard form-The Labour Department LD. Form 31-otherwise the original
report may be made by telephone or telegram as the urgency demands).
iv. Employers are obliged to insure and keep themselves insured against any
liability, which they may incur to any of their employees under the Act. It is
an offence to fail to insure against such liability.
v. Under this Act, compensation is automatic. The compensation is to be paid
by the employer whether the worker was injured as a result of his or her own
mistake or not.
vi. For an injury leading to death the formula is:
Compensation=Earning per month x 60 months

The definition of earning includes wages and allowances paid by the


employer to the worker. For an injury leading to permanent incapacity but
not death, the formula is:
Compensation = Earning per month x 60 months x % incapacity
The Factories Act:

The principle law for occupational safety and health is The Factories Act Cap
220 LOU (2000) (Formerly known as The Factories Act Cap 198) and
Subsidiary Legislation (The Gas Rules, The Fire Rules, The Electricity Special
Rules, etc.)

The aim of the Factories Act is to make provisions for the health, safety and
welfare of persons employed in factories and other related places.

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Among others, it deals with the steps to be taken before operating a factory,
the guarding of dangerous machines, the emissions to the working
environment, the handling of dangerous materials, the use of appropriate
protective clothing, the training of persons to work at any machine, which
may cause injury and the obligations of both employers and the employees
to ensure safety at work places.
In particular Part VII, Health, Safety and Welfare (Special Provisions and
Rules) Section 51 sub-section 1 provides for any dust or fume or any other
impurity of such character and to such extent as to be likely injurious or
offensive to workers; then all practical measures shall be taken to protect
the persons employed against inhalation and accumulation of such dust or
fume in the work area.
As regards dangerous machinery and equipment, it spells out the following:
i. Notification of use and registration of a factory: One intending to operate a
factory is required to notify the Chief Factories Inspector in writing of his or
her intentions and must obtain a certificate of Registration before
commencing operations.
If one is taking over premises, which have been used as a factory before, but
proposes to carry on a different kind of work, then he or she must notify the
Chief Factories Inspector in writing at least a month before one commences
operation.
ii. Steam-boilers, steam receivers, air receiver and lifting machines must be
properly tested, examined and a certificate obtained before they are put into
use for the first time. The same machinery is required to undergo periodical
examination specified in the law by someone authorized by the
Commissioner for Occupational Safety and Health, also called the Chief
Factories Inspector.

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