Occupational health and safety and labour issues
Health and safety
What health and safety regulations and procedures apply to oil and gas operations (upstream, midstream and downstream)?
Both the Petroleum Act 2015 and the Model Petroleum Sharing Agreement 2013 provide for health and safety procedures regarding oil and gas operations. Contractors must comply with:
- the Occupational Health and Safety Act 2003;
- the Atomic Energy Act 2003;
- the Pharmaceuticals and Poisons Act 1978 (CAP 219);
- the Petroleum (General) Regulations 2011;
- individual administrative decisions issued by virtue of the law; and
- all other legislation in force in Tanzania as well as best international petroleum industry practices, through the implementation of necessary systematic measures.
Petroleum activities must be conducted in such a manner as to enable a high level of safety to be maintained and further developed in accordance with technological developments, best petroleum industry practices, the Occupational, Health and Safety Act and any other relevant law.
There must be a safety zone surrounding all facilities used for petroleum activities, unless otherwise determined by the Petroleum Upstream Regulatory Authority (PURA). PURA may, in cases of accidents and emergencies, establish or extend safety zones.
Are there any labour law provisions with specific relevance to the oil and gas industry (eg, with regard to use of native and foreign personnel)?
Local labour law requires that qualified Tanzanians are afforded employment opportunities first and prioritises on-job training for Tanzanians.
Contractors, subcontractors, licensees or such other parties engaged in petroleum activities must only employ Tanzanians in semi-skilled and unskilled labour.
What is the state of collective bargaining/organised labour in your jurisdiction’s oil and gas industry?
Tanzania ratified the International Labour Organisation Convention 87 (Freedom of Association and Protection of the Right to Organise Convention 1948) and Convention 98 (Right to Organise and Collective Bargaining Convention 1949) on 18 April 2000 and 31 January 1962, respectively.
The Employment and Labour Relations Act provides for the right of employees to form trade unions and participate in lawful activities.
A registered trade union that represents the majority of employees in an appropriate bargaining unit is entitled to be recognised as the exclusive bargaining agent of employees in that unit.
Under the Employment and Labour Relations (Code of Good Practice) Rules 2007, bargaining matters can include:
- wages, salaries and other forms of remuneration;
- terms and conditions of employment;
- allowances and employment benefits; and
- employment policies and practices concerning the recruitment, appointment, training, transfer, promotion, suspension, discipline and termination of employees.
The rules further provide for collective bargaining relationships to include:
- organisational rights;
- negotiation and dispute procedures; and
- grievance, disciplinary and termination of employment procedures and any other agreed matters.