NATIONAL UNIVERSITY OF SCIENCE AND TECHNOLOGY

FACULTY OF APPLIED SCIENCES

DEPARTMENT OF ENVIRONMENTAL SCIENCE AND HEALTH

PROGRAMME: Bachelor of Science Honors Degree in Environmental Science and Health

NAME: STEWART TATENDA SANHEWE

COURSE: Principles of Ecotoxicology

SUPERVISOR: Mrs A. Mutsikira

ASSIGNMENT TOPIC: Requirements of factories and workers act.

DUE DATE: 22/11/23

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 INTRODUCTION
An urban factory is defined as a production system, a ‘factory, within an urban environment’.
Being a place of value creation, factories have input and output flows of energy, material, and
people. In urban factories, the interdependence of input, output and urban surroundings, and vast
customer contributions are undeniable

Factories can be traced as early as the early 1700s (1720s) in which it was a system introduced to
organize labor during early stagesof the industrial revolution which introduced machinery which
were too large in size to fit in cottages which were the norm sites of manufacturing or production
processes of products, goods nad services and also the machinery were too expensive to be
owned by a general worker and hence factories were born.

Factories enabled hours of work to be established and the machinery shaped the pace and type
of work/activities during manufacturing or production stages. Factories brought workers
together within one building to work on or with machinery that they did not own. They also
increased the division of labor, narrowing the number and scope of tasks given to an individual
worker. With this manufacturing or producing has a considerable influence on the development
and growth of the economic, technological and social sector, wealth, and competitiveness of
countries and hence are crucial systems. As with any system, monitoring and regulation becomes
a necessity in order to achieve consistency and to ensure quality control of the system, its
processes or its products. And hence acts are employed which are pieces of statutory legislation
that have been passed by Parliament, which means that they are laws which ensures conformity.

In this work I am going to outline the requirements of the factories and workers act on new or
factories being built in zimbabwe.

This act ensure that

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FACTORIES AND WORKS ACT
The act provides for the registration and control of factories, the regulation of conditions of work
in factories, supervision of the use of machinery, precautions against accident to persons
employed on structural work and for matters incidental to the foregoing. It sets standards and
regulations which are to be undertook by an organization or company that deems the title of a
factory. With factories a set of criterias and requirem,ents are required to be fulfilled as long as
the facility, company or organization is titled under a factory.

REQUIREMENTS
The factories and works act as it is a statutory instrument hence has requirements if not
standards which are the benchmarks or minimum satisfactory conditions necessary for a
company or organization to be certified as a factory. These ensure that there is no
misidentification when it comes to what a factory is or the activities and resources that are
utilized by daily activities. It also ensures worker and property/gods/services or product safety
during said daily operations. The stated requirements according to the factories and works act of
1996 (Chapter 14:08) are:

1) A premises, facility or building owned by an organization that is titled as a factory is

required that daily operations or work done has to be in one or more of the
following activities—
i. the making of any article (any solid, liquid or gas, or combination of) or part of any
article;
ii. the altering, repairing, renovating, ornamenting, painting, spraying, polishing, finishing,
cleaning, dyeing, washing or breaking up of any article
iii. the adaptation for sale or use of any article;
iv. the sorting, assembling or packing, including washing or filling bottles or other
containers, of any articles;
v. the painting, spraying, construction, reconstruction, assembling, repairing or breaking up
of vehicles or parts thereof;
vi. printing by letterpress, lithography, photogravure or other similar process, including any
activity associated with the printing industry;

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vii. the production and storage of gas in a holder of more than one hundred and fifty cubic
metres storage capacity;
viii. the freezing, chilling or storage in cold storage of any article;
ix. the slaughtering of livestock;
x. the generation of electricity;
xi. photographic work;
xii. bookkeeping, typewriting or any other clerical work incidental to any of the
aforementioned
2) REGISTRATION

An organization, company, facility or company for it to be titled or demmed a factory it has to

be registered and certified.

Should possess a current provisional factory permit issued in respect of such factory under
subsection (3) of section ten.

The occupier of a registered factory shall not carry on therein any activity aforementioned in
other than that specified in the registration certificate.

Whnever an individual seeks to employ structural or other alterations to the physical premises,
raising of a building or premises to be used a s a factory, raise a building or alter one in hopes to
add it to the operations without the building being registered as a factory under the Factories and
Works Act of 1996 they are required to submit duplicate plans of the alterations or raising of said
building(s) to an inspector appointed under the Factories and Works Act who then considers the
plan

Where application is made to any local authority or officer of any local authority for the
approval, in terms of any enactment, of any plans for the erection, rebuilding or alteration of any
building used or intended to be used for a factory, such local authority or officer, as the case may
be, shall submit such plans to an inspector for examination by him, and shall not approve such
plans unless the inspector has notified the local authority or officer, as the case may be, in
writing that he considers the building will be suitable for use as a factory of the nature proposed.

3) MACHINERY AND ACCIDENTS

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Inspection of machinery by inspectors is another requirement whereby

Machinery, Boilers, Furncaes to be utilsed for day o day activitities of registered factory shall be
subject to examination and inspection by an inspector appointed by the Minister who will
subject the said factory to unscheduled inspections

Another requirement is an Accident register and notification of accidents in a registered factory

and every builder shall keep in the form and manner prescribed an accident register and shall
record in such register the particulars of any accident which he is required to notify (2) Every
occupier of a factory and every builder shall retain any register kept for a period of three years
subsequent to the last date upon which an entry was made therein and shall, on demand by an
inspector made at any reasonable time during the said period of three years, produce such
register for inspection. Also Whenever any accident occurs in a factory or on premises where
structural work is being performed or in connection with machinery operations and such accident
causes loss of human life or injury to an employee or building employee which results in his
absence from work for a period of three days or more or injury to any person not employed on
the premises, the occupier of the factory or the builder or user of the machinery, as the case may
be, shall, as soon as possible thereafter in the manner and in the form prescribed, notify an
inspector in writing of the accident and of the prescribed particulars. Also every medical
practitioner who attends any patient whom he believes to be suffering from lead, phosphorus,
arsenical or mercurial poisoning or anthrax which may have been contracted as the result of his
employment in a factory is required to report the matter in writing to an inspector.

Scaffolding
a building employee to perform structural work which cannot be performed in safety except on
scaffolding unless he provides scaffolding erected in terms of the regulations.

(2) No building employee shall perform structural work except on scaffolding erected in terms of
the regulations if such work cannot be performed in safety otherwise than on scaffolding. (3) No
builder shall require or permit any scaffolding to be constructed, taken down or substantially
altered except— (a) under the supervision of a competent and responsible person; and (b) as far
as possible by competent workmen possessing adequate experience in the construction or
removal of scaffolding. (4) No builder shall require or permit a crane to be installed on

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scaffolding until he has caused tests to be made by a competent and responsible person to ensure
the strength and stability of the said scaffolding. (5) Every builder shall cause all scaffolding in
connection with structural work undertaken by him to be inspected by a competent and
responsible person whenever any additions or alterations to such scaffolding have been made. (6)
Any builder who contravenes subsection (1), (3), (4) or (5) shall be guilty of an offence and
liable to a fine not exceeding level seven or to imprisonment for a period not exceeding one year
or to both such fine and such imprisonment. [inserted by Act 22of 2001, with effect from the
10th September, 2002.] (7) Any building employee who contravenes subsection (2) shall be
guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period
not exceeding six months or to both such fine and such imprisonment. [inserted by Act 22of
2001, with effect from the 10th September, 2002.] 18 Gear used in connection with structural
work (1) No builder shall require or permit a building employee employed on structural work to
use in connection therewith any gear which is not of adequate strength, free from patent defect
and in good working order. (2) No building employee employed on structural work shall use in
connection therewith any gear which is not of adequate strength, free from patent defect and in
good working order. (3) Every builder shall cause all hoisting machines and tackle to be
examined and adequately tested before being put into use, and every chain, ring, hook, shackle,
swivel, pulley block, lewis, claw and dog used in connection therewith to be periodically
examined by a competent and responsible person. (4) Any builder who contravenes subsection
(1) or (3) shall be guilty of an offence and laiable to a fine not exceeding level seven or to
imprisonment for a period not exceeding one year or to both such fine and such imprisonment.
[inserted by Act 22of 2001, with effect from the 10th September, 2002.] (5) Any building
employee who contravenes subsection (2) shall be guilty of an offence and liable to a fine not
exceeding level five or to imprisonment for a period not exceeding six months or to both such
fine and such imprisonment. [inserted by Act 22of 2001, with effect from the 10th September,
2002.]

PROCEDURE AND MISCELLANEOUS

Acts or omissions by managers, agents or employees (1) Whenever any manager, agent,
architect, contractor, employee or building employee of any occupier of a factory, employer or
builder does or omits to do any act which it would be an offence under this Act for the occupier,

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employer or builder to do or omit to do, then, unless it is proved that— (a) such act or omission
occurred without the connivance or permission of the occupier, employer or builder; and (b) all
reasonable steps were taken by the occupier, employer or builder to prevent any act or omission
of the kind in question; and (c) it was not in any circumstances within the scope or authority or in
the course of the employment of the manager, agent, architect, contractor, employee or building
employee to do or to omit to do acts, whether lawful or unlawful, of the character of the act or
omission charged; the occupier, employer or builder shall be presumed to have done or omitted
to do that act and be liable to be convicted and sentenced in respect thereof; and the fact that he
issued instructions forbidding any act or omission of the kind in question shall not, of itself, be
accepted as conclusive proof that he took all reasonable steps to prevent the act or omission. (2)
Whenever any manager, agent, architect, contractor, employee or building employee of any
occupier of a factory, employer or builder does or omits to do any act which it would be an
offence for the occupier, employer or builder to do or omit to do, he shall be liable to be
convicted and sentenced in respect thereof as if he were the occupier, employer or builder. (3)
Any such manager, agent, architect, contractor, employee or building employee may be so
convicted and sentenced in addition to the occupier, employer or builder. 22 Presumption and
proof by affidavit (1) Proof of publication in the Gazette of regulations in terms of subsection (4)
of section three shall be conclusive proof that all the provisions of this Act, in respect of matters
precedent and incidental to the publication thereof, have been complied with. (2) Whenever in
any proceedings under this Act it is proved that any person was present on any premises used as
a factory, that person shall, until the contrary is proved, be presumed to be an employee. (3) In
the absence of satisfactory proof of age, the age of any person shall, in any proceedings under
this Act, be presumed to be that stated by an inspector to be in his opinion the probable age of
that person, but any interested person who is dissatisfied with that statement of opinion may, at
his own expense, cause the person whose age is in question to appear before and be examined by
a medical practitioner, and a statement contained in a certificate by the medical practitioner who
examined that person as to what in his opinion is the probable age of that person shall, but only
for the purpose of the said proceedings, be prima facie proof as to the age of that person. (4) In
any proceedings under this Act, any statement or entry contained in any book or document kept
by the occupier of a factory, an employer or a builder or by his manager, agent or employee or
found upon the premises concerned shall be admissible in evidence against him as an admission

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of the facts set forth in that statement or entry, unless it is proved that the statement or entry was
not made by that occupier, employer or builder or by any manager, agent or employee of that
occupier, employer or builder in the course of his work as manager or in the course of his agency
or employment. (5) Whenever in any proceedings under this Act it is proved that any untrue
statement or entry is contained in any record kept by any person, he shall be presumed, until the
contrary is proved, wilfully to have falsified that record. (6) In any proceedings under this Act,
an affidavit purporting to be made by an inspector in which it is stated— (a) that any person is or
is not the holder of a registration certificate or provisional factory permit issued in respect of any
premises under subsection (2) or (3) of section ten; or (b) that any person is or was the occupier
of a factory; or (c) that any exemption or authorization to depart from any provision of this Act
has or has not been granted to any person in accordance with this Act, or has been withdrawn; or
(d) that an inspector has made an order under section nineteen; shall, on its mere production in
those proceedings by any person, be admissible as evidence of the facts stated therein: Provided
that the officer presiding over the proceedings at which any such affidavit is adduced in evidence
may cause the inspector to be summoned to give oral evidence in the proceedings in question or
may cause written interrogatories to be submitted to him for reply and such interrogatories and
any reply on oath thereto purporting to be a reply from the inspector shall in like manner be
admissible as evidence in such proceedings. (7) A certificate signed by the registrar of the
Administrative Court or a magistrate, as the case may be, setting out the terms of any decision
given on appeal in terms of section twenty-three shall, on its mere production by any person, be
conclusive proof of such decision.

Offences in connection with safety appliances No person shall— (a) wilfully

or negligently injure or interfere with; or (b) misuse; or (c) in a negligent manner use; any means,
appliance, convenience or other thing provided in pursuance of this Act for securing the health,
safety or welfare of employees in any factory or place where structural work is being performed.
(2) Where any means, appliance or other thing for securing health or safety is provided under the
requirements of this Act for the use of an employee engaged in any process, he shall use such
means, appliance or other thing while so engaged. (3) No employee shall, wilfully and without
reasonable cause or negligently, do anything likely to endanger the health, safety or welfare of
himself or others. (4) Any person who contravenes subsection (1), (2) or (3) shall be guilty of an
offence and liable— (a) in the case of a contravention of subsection (1), to a fine not exceeding

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level seven or to imprisonment for a period not exceeding one year or to both such fine and such
imprisonment; (b) in the case of a contravention of subsection (2) or (3), to a fine not exceeding
level five or to imprisonment for a period not exceeding six months or to both such fine and such
imprisonment. [amended by Act 22of 2001, with effect from the 10th September, 2002.] (5) For
the purposes of this section, the definition of “employee” shall not be confined to persons
connected with a factory. 31

Offences in relation to inspectors

Any person who— (a) falsely holds himself out to be an inspector; or (b) refuses or fails to
answer to the best of his power any question which an inspector in the exercise of his functions
has put to him; or (c) refuses or fails to comply to the best of his power with any lawful
requirement or order made by an inspector; or (d) delays or hinders an inspector in the exercise
of his functions; or (e) falsifies or makes any false entry in any register, record or return he is
required to keep or make under this Act; shall be guilty of an offence and liable to a fine not
exceeding level five or to imprisonment for a period not exceeding six months or to both such
fine and such imprisonment. [amended by Act 22of 2001, with effect from the 10th September,
2002.] 32

Locking of factories (1)

No occupier of a factory or employer shall, without good reason, cause or permit all the
entrances to his factory at the same time to be locked or otherwise rendered incapable of being
opened from the outside while any work is being performed in such factory. (2) Any occupier or
employer who contravenes subsection (1) shall be guilty of an offence and liable to a fine not
exceeding level seven or to imprisonment for a period not exceeding one year or to both such
fine and such imprisonment. [inserted by Act 22of 2001, with effect from the 10th September,
2002.] 33 Penalties (1) . . . . . . [repealed by Act 22of 2001, with effect from the 20th May,
2002.] (2) Any person who contravenes any provision of this Act or any order, notice or
requirement under this Act shall be guilty of an offence and, if no special penalty is prescribed
therefor, shall be liable— (a) on a first conviction, to a fine not exceeding level seven or to
imprisonment for a period not exceeding two years or to both such fine and such imprisonment;
[amended by Act 22of 2001, with effect from the 10th September, 2002.] (b) on a second or
subsequent conviction, to a fine not exceeding level nine or to imprisonment for a period not

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exceeding four years or to both such fine and such imprisonment. [amended by Act 22of 2001,
with effect from the 10th September, 2002.] (3) If any person continues an offence after his
prosecution therefor under this Act he shall be liable to further prosecution or prosecutions for
such offence.

he Minister may make regulations as to— (a) (i) the construction, lay-out and equipment of
factories; (ii) the character, site, structure, lighting, ventilation, cleansing, drainage and water
supply of any factory; (iii) the machinery, apparatus, appliances, instruments and utensils to be
used in a factory; (b) the measures to be taken to secure cleanliness, safety and preservation of
health, including sanitation, ventilation and lighting, in or about factories and on or about
premises where structural work or excavation work is performed, and the duties of occupiers of
factories, builders, employers and employees and building employees in connection therewith;
(c) the accommodation facilities and conveniences to be provided in factories by occupiers for
employees while they are working, resting or eating therein; (d) the clothing, safety devices and
protective articles and protective measures to be provided by employers, builders and occupiers
of factories for employees who handle specified articles in the course of their work or who are
employed in specified activities and under specified conditions; (e) the first aid equipment to be
provided by occupiers of factories and builders and the employment of persons who hold
specified qualifications in first aid; ( f ) the steps to be taken by the owners of buildings used or
intended for use as factories or by occupiers of factories in connection with the structure of such
buildings or otherwise in order to prevent or extinguish fires, and to ensure the safety, in the
event of fire, of persons in such buildings; (g) the medical examination of persons where such
examination is required under this Act; (h) the hours and conditions of work of female and
juvenile employees and the prohibition of the employment of any person under a specified age in
any specified activity or class of activity, whether carried on in a factory or in connection with
structural work; (i) the returns, statistics, information and reports which under this Act shall be
furnished in relation to factories, structural work and employees, and the times at which, the
manner in which and the persons by whom the same shall be furnished, and the records which
shall be kept; ( j) the conditions governing the erection, installation, working and use of any
machinery, and the duties, responsibilities and qualifications of the user or person in charge of or
erecting such machinery; (k) lifts, elevators or escalators in a building, including— (i) the
conditions governing the erection, installation, working and use thereof; (ii) the duties,

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responsibilities and qualifications of a person erecting or installing a lift, elevator or escalator;
(iii) the duties and responsibilities of the owner of a building in which a lift, elevator or escalator
is in use; (iv) the duties and responsibilities of a person operating or using a lift, elevator or
escalator; (l) appeals from decisions and instructions of an inspector; (m) the reporting of
accidents under section fourteen, the manner of holding inquiries in connection therewith and the
procedure to be followed at such inquiries; (n) the fees which shall be payable for any
registration certificate, duplicate registration certificate or duplicate provisional factory permit
and for any inspection or for the examination of particulars and plans of buildings and alterations
under this Act; (o) the qualifications to be held by persons performing prescribed classes of work
in connection with machinery; (p) the conditions governing the construction, erection, alteration
or taking down of scaffolding or cranes; (q) the conditions governing the use of scaffolding,
gear, cranes, hoisting machines and tackle, and the testing thereof; (r) the conditions governing
structural work, including the steps to be taken in connection with timbering, underpinning and
shoring up; (s) in respect of structural work— (i) the precautions to be taken by builders or
building employees to prevent persons being injured by falling articles; (ii) the lighting of
structural work and the safeguards to be used in connection with electrical equipment; (iii) the
stacking of materials on or near the site of the work; (iv) the necessary qualifications of a
cranedriver or hoisting appliance operator; (v) who may be regarded as a competent or
responsible person or a competent workman for the purposes of sections seventeen and eighteen;
(t) the provision of equipment and the precautions necessary where persons employed on
structural work are in risk of drowning; (u) the stacking or storage of material or products at a
factory or in connection with any structural works; (v) the control of noise in or emanating from
a factory or during any structural work; (w) all matters which by this Act are required or
permitted to be prescribed. (2) Any regulations made under subsection (1) may prescribe
penalties for any contravention thereof not exceeding a fine not exceeding level seven or
imprisonment for a period not exceeding one year or both such fine and such imprisonment.
[amended by Act 22of 2001, with effect from the 10th September, 2002.] (3) Nothing in this
section contained shall be deemed to prohibit any agreement published or deemed to have been
published under the Labour Relations Act [Chapter 28:01] from prescribing provisions which
relate to any matter referred to in subsection (1), but in the event of any conflict between those
provisions and any relevant regulations the provisions of such regulations shall prevail.

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CONCLUSION

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 REFERENCES
Sajadieh, S.M.M., Son, Y.H. and Noh, S.D. (2022) ‘A Conceptual Definition and Future
Directions of Urban Smart Factory for Sustainable Manufacturing’, Sustainability, 14(3), p.
1221. Available at: https://doi.org/10.3390/su14031221.

Juraschek, M.; Bucherer, M.; Schnabel, F.; Hoffschröer, H.; Vossen, B.; Kreuz, F.; Thiede, S.;
Herrmann, C. Urban factories and their potential contribution to the sustainable development of
cities. Procedia CIRP 2018, 69, 72–77.

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