LMP For Tactic Project 1
LMP For Tactic Project 1
FINAL REPORT
March, 2022
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Executive Summary
Under ESS2 on Labor and Working Conditions, Borrowers are required to develop labor
management procedures (LMP). The purpose of the LMP is to facilitate planning and
implementation of the project. The LMP identify the main labor requirements and risks
associated with the project, and help the Borrower to determine the resources necessary to
address project labor issues.
This LMP is a living document, initiated during project preparation, and is reviewed and
updated throughout development and implementation of the TACTIC Project. The PCU and
local government authorities for the individual subprojects are responsible for implementing
this LMP.
As the situation permits and depending on the public health circumstances, the project will
ensure compliance with national law, policies and protocol requirements as well as World
Health Organization and World Bank guidance [1] regarding the transmission of
communicable diseases, including COVID-19, in relation to labor force management,
stakeholder consultations, project worksites and related areas.
To enrich the TACTIC project benefits, the Government of Tanzania, through the TACTIC
Project implementing agency (TARURA), recognizes the necessity of provision of safe and
healthy working conditions, sound worker-management relationships, fair treatment of
workers, and promotion of gender equality and protection of women from Gender-Based
Violence (GBV). TACTIC’s main objective is to transform infrastructures in various Urban
Local Government Authorities including road connectivity, urban resilience, construction of
markets (crops, fish etc) in support of livelihoods of urban population targeting both male and
female.
In accordance with Tanzanian national law, including (Tanzania Employment and Labour
Relations Act (2004) and Labour Institutions Act (subsidiary legislations); the Occupational
Health and Safety Act No.5 of 2003 (Part IV Section 43 Safety Provision; Part V Section 54,
55 and 58 Health and Welfare Provisions; Part VI Section 61 (1a), 63(a,b), and 65 Special
Provision of the Act); the ILO labour Standards to which Tanzania is a party - Article no.29
(forced labour convention); Article no. 87 (Freedom of association and protection and the
right to organize Convention); Article no. 98 (right to organise and collective bargaining
convention); Article no. 100 (equal remuneration convention); Article no. 105 (abolition of
forced labour convention; Article no. 111 Discrimination (Employment and Occupation)
Convention; Article no. 138 (Minimum age Convention); and Article no. 182 (Worst forms
of Child Labour Convention); and Environmental and Social Standard - 2 and 4 (ESS2 and
ESS4) of the World Bank’s Environmental and Social Framework (ESF), TARURA through
the World Bank Coordinating Unit (PCU) is developing a Labour Management Procedures
(LMP) that will be used to identify main labour requirements and risks associated with the
project as well as determine the resources necessary to address TACTIC Project’s labour
issues.
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The President’s Office – Regional Administration and Local Governments (PO-RALG) has
prepared this LMP to to- promote safety and health at work sites; health and safety of
affected communities during the project cycle (ESS4 on Community Health and Safety );
promote fair treatment, non-discrimination and equal opportunity of project workers; protect
project workers, including vulnerable workers such as women, persons with disabilities,
children (of working age, in accordance with ESS2) and migrant workers, contracted workers
and primary supply workers, as appropriate; prevent the use of all forms of forced labour and
child labour; support the principles of freedom of association and collective bargaining of
project workers in a manner consistent with National Labour Laws, regulations and ESS2;
and in line with paragraph 21-23 of ESS2 provide a grievance mechanisms for all direct
workers and contracted workers (and, where relevant, their organizations) employed/engaged
in relation to the project to raise work related concerns, including workplace sexual
harassment.
For the implementation of the TACTIC Project, workforce to be involved will include direct
workers, contracted workers, migrant workers as well as primary supply workers. PIU of the
respective ULGA is responsible for ensuring the effective implementation of the LMP in
relation to all project workers, including workers engaged by contractors/subcontractors, and
primary supplier workers.
Potential labour risks associated with the implementation of TACTIC sub-project activities
include occupational health and safety related risks (e.g. accidents and injuries), likely
incidences of child labour; forced labor; risks of Gender Based Violence; labor influx related
risks (e.g. likely incidences of transmission of communicable diseases such as HIV/AIDS
and COVID-19); and risks of employer non-compliance with national labor laws relating to
terms and condition of employment,( including wages, benefits, as well as employment
discrimination in relation based on gender, disability, age, ethnicity, HIV/AIDS status).
To promote best practices and efficiency an d to meet requirements of the Labor and
Working Conditions as specified in the Environmental and Social Standards 2 on Labor and
Working Conditions (ESS2) and 4 on Community Health and Safety (ESS4) the TACTIC
Project will be implemented based on the Tanzanian legal and regulatory requirements,
World Bank (WB) as well as the ILO policies and standards on labour management. From the
local legal framework this LMP rely on the Tanzania Employment and Labour Relations Act
(2004) and Labour Institutions Act (subsidiary legislation) and accompanying regulations for
the safeguard of worker’s management and rights.
Furthermore, the Tanzania Employment and Labour Relations Act (2004) and Labour
Institutions Act (subsidiary legislations) regulates employment matters in terms of
employment standards. Meanwhile, the Occupational Health and Safety Act No.5 of 2003
(Part IV Section 43 Safety Provision; Part V Section 54, 55 and 58 Health and Welfare
Provisions; Part VI Section 61 (1a), 63(a,b), and 65 Special Provision of the Act), describing
procedures for the protection of safety, health and welfare of persons other than workers in
places of work. On the other hand, the WB Environmental and Social Framework (ESF),
Environmental and Social Standard 2 (ESS 2) provide a guidance on labour and working
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conditions. The ILO labour Standards to which Tanzania is a party include: Article no.29
(forced labour convention); Article no. 87 (Freedom of association and protection and the
right to organize Convention); Article no. 98 (right to organise and collective bargaining
convention); Article no. 100 (equal remuneration convention); Article no. 105 (abolition of
forced labour convention; Article no. 111 Discrimination (Employment and Occupation)
Convention; Article no. 138 (Minimum age Convention); and Article no. 182 (Worst forms
of Child Labour Convention).
In line with the provisions of ESS2, PIU of the respective ULGA, will ensure that a grievance
mechanism will be provided for all direct workers and contracted workers (and, where
relevant, their organizations) to raise workplace concerns. Such workers will be informed of
the grievance mechanism at the time of recruitment and the measures put in place to protect
them against reprisal for its use. PIU of the respective ULGA will ensure that measures are
put in place to make the grievance mechanism easily accessible to all such project
workers.TACTIC /TARURA will require contractors to have a workers' Grievance Redress
Mechanism for their work force, including sub-contractors to address workplace concerns
and grievances; and a separate Grievance Redress Mechanism that will respond to concerns
and grievances of project-affected parties related to the environmental and social
performance of the project.
The grievances can be raised anonymously and reviewed on weekly basis followed by
initiation of corrective action within two days for grievances with high importance. In case
the worker’s dispute could not be resolved by the contractor’s GRM, there will be an avenue
for worker to present their disputes to the Grievance Committees of TACTIC the PIU at the
respective LGA Directors Office. Furthermore, a gender sensitive grievance redress
mechanism will be established to respond to any potential complaints and involving gender
based violence and sexual exploitation and abuse that may arise during project
implementation. The TACTIC Project Grievance mechanism will not prevent workers from
using the dispute procedures provided in part VIII of the Employment and Labour Relations
Act of 2004.
The TACTIC Project implementing agencies (i.e. 45 participating Urban Local Government
Authorities) will assist safe working conditions; prevent or minimize corruption, mis-conduct
and maladministration during the project implementation.
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Table of Contents
Executive Summary ............................................................................................................ ii
List of Acronyms ................................................................................................................ vi
1. The Labour Management Procedures for the Tanzania Cities Transforming
Infrastructure and Competitiveness Project (TACTIC)............................................. 1
1.1 Overview of the TACTIC Project ............................................................................ 2
1.2 Objectives of the LMP ............................................................................................ 4
2. Overview of Labour Use in the Project ....................................................................... 6
2.1 Characteristics of Project Workers .......................................................................... 6
3. Assessment of Key Potential Labour Risks ................................................................. 9
3.1 Associated Project Activities ................................................................................... 9
3.2 Potential project labour related risks ........................................................................ 9
4. Brief Overview of Labour Legislation: Terms and Conditions ................................ 26
5. Brief Overview of Labour Legislation: Occupational Health and Safety ................ 27
6. Responsible Staff ........................................................................................................ 29
7. Policies and Procedures.............................................................................................. 33
8. Age of Employment .................................................................................................... 35
9. Terms and Conditions ................................................................................................ 37
10. Workers' Grievance Mechanism ............................................................................... 38
11. Contractor Management ............................................................................................. 42
12. Primary Supply Workers ............................................................................................ 43
ANNEXES ......................................................................................................................... 45
ANNEX 1: Pre-Qualification Checklist for Contractors ............................................. 45
ANNEX 2: Format for Report on Compliance with Conditions of Work with ESS2
for Third Parties engaging Contracted Workers ......................................................... 47
ANNEX 3: Third Parties Statement (Potential Contractors and Service Providers) on
Compliance with Provisions of Labor Legislation and the TACTIC Project`s LMP . 49
ANNEX 4: Primary Suppliers Statement of Compliance with Provisions of Labor
Legislation and the TACTIC Project's LMP related to Child Labor, Forced Labor
and OHS ........................................................................................................................ 51
ANNEX 5: Code of Conduct (CoC) Template Form ................................................... 52
ANNEX 6: OHS Requirements for Project Workers and Suppliers ........................... 56
ANNEX 7: World Bank Incident Classification Guideline .......................................... 65
ANNEX 8: Complaints Reporting Template ................................................................ 66
ANNEX 9: Complaints Log .......................................................................................... 66
ANNEX 10: Complaints Form ...................................................................................... 66
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List of Acronyms
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1. The Labour Management Procedures for the Tanzania Cities
Transforming Infrastructure and Competitiveness Project
(TACTIC).
To meet ESF objectives, the President’s Office – Regional Administration and Local
Governments (PO-RALG) has prepared this Labour Management Procedures (LMP)
document to guide the Urban Local Government Authorities (ULGAs) in implementing
TACTIC at the project and sub-project levels.
During the design and preparation of TACTIC, the participating ULGAs prioritized
infrastructure subprojects that would substantially enable the Project Development Objectives
(PDO) to be achieved. The proposed sub-projects for TACTIC will mainly consist of roads,
markets, bus terminals, slaughterhouses, stand-alone drains and solid waste related
infrastructures. The PO-RALG will ensure that the PCU and ULGAs and contractors as well
as all involved third parties (i.e. sub-contractors, primary suppliers) to manage their workers
in accordance with the provisions of ESS2 on Labour and Working Conditions and ESS4 on
Community Health and Safety.
This LMP is a living document, initiated during project preparation, and is reviewed and
updated throughout development and implementation of the TACTIC Project. The PCU and
local government authorities for the individual subprojects are responsible for implementing
this LMP.
As the situation permits and depending on the public health circumstances, the project will
ensure compliance with national law, policies and protocol requirements as well as World
Health Organization and World Bank guidance[1] regarding the transmission of
communicable diseases, including COVID-19, in relation to labor force management,
stakeholder consultations, project worksites and related areas.
The scope of application of ESS2 depends on the type of employment relationship between
the borrower (i.e. PO-RALG through TARURA) and the project worker. Under ESS2, project
workers refer to direct workers, contracted workers, primary supply workers, and community
workers, and ESS2 defines each of these categories of workers. Furthermore, under ESS2,
project workers include full-time, part-time, temporary, seasonal and migrant workers. ESS2
also contains specific provisions on the extent to which it applies to government civil servants
working on secondment from their home agencies in relation to the project.
There will be one master umbrella LMP (master LMP) for the entire project. The master
LMP will guide the management of labor-related risks and impacts for all the ULGAs
implementing various sub-projects.
[1]
World Bank Technical Note: Public Consultations and Stakeholder Engagement in WB-supported
operations when there are constraints on conducting public meetings March 20, 2020
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1.1 Overview of the TACTIC Project
Over the past ten years, PO-RALG has successfully implemented the Dar es Salaam
Metropolitan Development Project (DMDP), the Tanzania Strategic Cities Project (TSCP),
and Urban Local Government Support Project (ULGSP). Together, these projects aim to
improve management, planning and service delivery in 29 Urban Local Government
Authorities (ULGAs). Given that all three projects are set to close by 2020 (DMDP by
December 31, 2020, TSCP by May 31, 2020, and ULGSP by June 30, 2020), technical
discussions with PO-RALG started in early 2018 to shape the future urban program in
Tanzania moving forward. For TSCP and ULGSP, it was proposed to consolidate these into a
single operation to better leverage synergies in activities aimed at strengthening urban
management functions. Implementation challenges were thoroughly reviewed during the
project mid-term reviews for TSCP (May 2017) and ULGSP (May 2016) and the proposed
TACTIC will introduce measures to address these challenges and build on the following
lessons learned:
Defining the right incentives is critical. Urban management functions will not be
strengthened without the right incentives to improve performance.
The selection of priority investments should be informed by urban plans and master
plans. The proposed project will ensure consistency between economic plans, urban
plans and sector plans, and also use additional selection criteria for priority
investments. These will include: (i) population size and density; (ii) vulnerability to
disasters; (iii) income levels; and (iv) lack of access to basic infrastructure and
services.
Project Components
The Tanzania Cities Transforming Infrastructure and Competitiveness Project will support urban
development by strengthening urban management and improving access to basic infrastructure and
services in participating urban local government authorities in Tanzania. The theory of change
underlying this project is that strengthening urban management will ensure the efficiency and
sustainability of strategic infrastructure and therefore enhance the productivity, livability, and
resilience of strategically important cities in Tanzania.
Component 1: Improving Urban Management Performance (UPG: US$72 million; TA:
US$23 million)
1. The project will support the strengthening of urban institutions and their management
capacity for sustainable delivery of urban infrastructure and services. The project will build on
ongoing institutional strengthening activities and ensure alignment with the key areas that will be
evaluated and rewarded under the Challenge Fund. The component will be divided into two
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subcomponents: (i) Challenge Fund (US$72 million) and (ii) Municipal Technical Assistance
(US$23 million).
This subcomponent will provide US$72 million from the Challenge Fund to the top performing
municipalities to finance works, goods, and institutional strengthening activities which lead to
improvements in urban infrastructure and basic services. The Challenge Fund will be awarded once,
on Year 3, to the top performing ULGAs. Three ULGAs in each Tier, or nine ULGAs, will be
awarded US$8 million each based on the results of an assessment conducted by an independent
verification agent (IVA).
This subcomponent will strengthen the institutional capacity of participating urban local government
authorities on core urban management functions. It will focus on the five thematic areas of the
Challenge Fund. It will finance technical assistance (TA), consultancy and non-consultancy services,
goods, trainings, and incremental operating costs
Component 2: Productive, Inclusive, and Resilient Urban Infrastructure (US$ 200 million)
This component will be structured into three subcomponents: (i) Productive Cities; (ii)
Inclusive Cities; and (iii) Resilient Cities. There will be no threshold amounts for these
subcomponents.
This subcomponent will finance upgrading of selected low-income communities and vulnerable
groups, including women. This will be done through the improvement of basic services and
strengthening local government authorities’ capacity in undertaking such upgrading works,
including: (a) environmental related works, including storm water drainage, solid waste
management, plastics management, street lights; and (b) community related amenities, including
parks, markets, and bus stands. Investments will be made in low-income communities or sub-wards.
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1.2 Objectives of the LMP
ESS2 recognizes the importance of employment creation and income generation in the
pursuit of poverty reduction and inclusive economic growth. Borrowers should promote
sound worker-management relationships and enhance the development benefits of a project
by treating workers in the project fairly and providing safe and healthy working conditions.
(i) To allow PO-RALG and ULGAs to identify and manage labour-related risks and
impacts within the up-coming contracts at an early stage;
(ii) To ensure that appropriate project information on project labor and working
conditions and the LMP is disclosed to stakeholders in a timely, understandable,
accessible and appropriate manner and format;
(iii) To enable PO-RALG to prepare a master project-wide LMP (master LMP) that will
guide the management of labour-related risks and impacts for the entire project,
including each of the sub-projects. The master LMP will assist the PO-RALG and the
ULGAs in engaging with contractors, primary suppliers, consultants and other project
affected parties and stakeholders in relation to project labour-related issues,
throughout the project life cycle including the construction phase. The final master
LMP will have annexes relating to specific labour-related issues in individual
subprojects. The legal relationship and responsibility for complying with the master
LMP will flow directly from the PIU/IA to the contractors/subcontractors, several of
which are expected to undertake more than one or more of the subprojects. The
ULGAs and national and local labour ministry officials will be involved in
monitoring/supervision to ensure that the master LMP provisions are being
implemented in the specific sub-project(s) in the respective ULGAs.
To prevent the use of all forms of forced labour, and address child labour in relation
to national law, and ESS2 and project requirements.
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To support the principles of freedom of association and collective bargaining of
project workers in a manner consistent with national law
Key issues that ULGAs will incorporate in their LMPs, in line with the Tanzania
Employment and Labour Relations Act (2004) and Labour Institutions Act (subsidiary
legislations); the Occupational Health and Safety Act No.5 of 2003; ESS2; ESS4, and the
World Bank Template for drafting the LMP; and the ILO labour Standards to which Tanzania
is a party are:
Clearly identified terms and conditions for the various types of subproject workers,
including amount and method of payment (if applicable) and times of work.
Issues associated with working conditions, including forced labour, child labour, and
occupational health and safety.
Addressing issues associated with gender based violence including sexual harassment
In cases of significant risk of serious safety issues related to workers engaged through
contractors/subcontractors and/or primary supply workers, the PO-RALG will require
relevant contractor/subcontractor or primary supplier to introduce procedures and
mitigation measures to address such safety issues.
Set out roles and responsibilities for monitoring workers as well as measure to remedy
any non-conformance by workers, contactors/subcontractors and primary suppliers.
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2. Overview of Labour Use in the Project
TACTIC Project will recruit and manage project personnel in full accordance with the
Tanzania Employment and Labour Relations Act of 2004, the Occupational Health and
Safety Act, 2003, Law of the Child Act of 2009, the Public Procurement Act Cap 410 (as
amended in 2016) and Regulation 30c of Public Procurement Regulation of 2013 (as
amended in 2016), and Guidelines for Participation of Special Groups in Public Procurement
of 2017; as well as the World Bank’s Environmental and Social Framework on employment,
labour and local content within construction sector mentioned in the ESS2. The LMP will be
applicable to the different categories of project workers, including fulltime, part-
time, temporary and seasonal.
The total number of Sub-project workers to be employed depend on the size, time frame and
nature of specific Sub-project. Therefore, for the TACTIC project is estimated to employ
about 9,000 different types of workers i.e. skilled, semi-skilled and unskilled as well as
primary supply workers. It should be noted that this mainly is for the Tier One sub-projects
that its sub-project list has been finalised. For all the three Tiers the total is estimated at
10,000 workers.
At this stage, the anticipated labour can be categorized into the following three levels of
expertise:
Skilled labour – technical personnel with advanced specialist training (e.g. consulting
professionals, administrators). Majority of skilled labour will be nationals with few
internationals;
Semi-skilled labour – ancillary staff with relevant vocational training (e.g. drivers,
security). This will include nationals and locals to the project site; and
Basic labour (unskilled) – casual labourers for incidental manual work requiring little
to no specialist training (e.g., field guides, vehicle breakdown servicemen). These will
be locals coming from areas where the sub-projects are implemented.
The ULGAs shall ensure that local workers are given priority in terms of employment. To
ensure that basic labourers (unskilled) are from the local area, all vacancies shall be
announced at the respective ULGAs, Wards and Mtaa offices, and candidates will be required
to submit an introduction letter from Mtaa Authority. International workers will be employed
only where skills are not available among nationals. Members of vulnerable groups (Female,
youth and people with disabilities) will be given priority where possible as prescribed by the
Guidelines for Participation of Special Groups in Public Procurement of 2017.Measures
include providing suitable working environment for vulnerable groups such as toilets,
changing rooms, provision of special working hours that don’t exceed those anticipated by
vulnerable groups, providing PPE as well as ensuring advertisements of job clearly stipulates
that vulnerable groups will be provided special attention. Employment of workers below the
age of 18 years and above 65 years will be strictly forbidden, this applies to all types of
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project workers to be used under TACTIC program. The project has established a minimum
age of 18 years of age for all workers employed/engaged in relation to the project due to the
hazardous nature of work involving the project.
Direct Workers:
The implementation of TACTIC Sub-projects will utilize direct workers working with the
TACTIC PIU as well as government civil servants at the ULGAs level. Furthermore, the
project will employ independent consultants who will be working on contractual bases with
different time inputs as part of TACTIC PIU. The estimated number of direct workers for
each LGA will not exceed 25 including the management unit, technical unit, social,
environmental, financial, procurement and administrative. Direct workers will be managed
by TARURA in accordance with the Tanzania Employment and Labour Relations Act of
2004, the Occupational Health and Safety Act, 2003; and the World Bank ESS 2.
Timing of labor requirements: Direct project workers are eligible to work on full-time fixed
renewable contracts for the duration of the entire project implementation. For the consultants,
the duration of contracts will vary by assignment but generally, not less than one year .
Contracted Workers
Contracted workers will be hired under the standard form of Contract for Construction. The
number of Sub-Projects will correspond to the number of Contractors with the possibility of
one contractor being awarded multiple Sub-Projects. Each contractor might need engagement
of multiple subcontractors. The subcontractors’ workforce will be also considered as
contracted workers. The terms and conditions of contacts for all the contracted workers will
adhere to the Tanzania Employment and Labour Relations Act of 2004, the Occupational
Health and Safety Act, 2003; and the World Bank ESS 2 and ESS 4. The labor requirement
including the time schedule and deliverables will be as stipulated in their respective contracts.
Timing of labor requirements: Contracted workers timing and labor requirements will vary by
assignment. They will generally be for a minimum of six months and potentially for several
years during project life cycle depending on the contract duration.
Migrant Workers
It is likely that migrant workers (nationals/local migrants from neighbouring “Mtaa”, wards
or towns or other parts of Tanzania) will be engaged during implementation of the TACTIC
sub-projects. locals residing within project areas. The respective ULGA will contact the local
leaders during various project implementation; and when recruitment starts further details
will be provided. To avoid incidences of child labor, prior employment the domestic
migrant workers will be required to submit to the contractor a proof of worker's age (National
Identification Card, Voters Registration Card, Birth Certificate or affidavit of birth). Whereas
for international migrant workers, they will be required to submit Visa granted by Tanzanian
Government, work permit and Curriculum Vitae and copies of academic certificates.
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For the international migrant workers, the duration of contracts will vary by assignment but
generally, not less than one year. In the case of migrant workers from within the country, it
will be up to the contractor to mobilize labor force to coincide with the type of work and the
season. Under TACTIC, about 6 international migrant workers mainly technical experts will
be engaged at the PIU; and out of each 100 workers at the TACTIC sub-projects up to up to
25 will be local migrants from neighbouring villages or other parts of the country and 75 will
be workers from project area
NB: Project Implementation Unit and Human Resource Management of the respective LGA
and with the assistance of the office of the HR from the Contractor, are responsible in
recruiting types of project workers, job skills required and their numbers, but all these staff
will be in line with the types of employment contracts as subject to the provision of section 14
(1)(a)(b) of the Employment and Labour Relations Act No.6/2004.
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3. Assessment of Key Potential Labour Risks
Potential labour risks associated with the implementation of TACTIC sub-project activities
include occupational health and safety related risks (e.g. accidents and injuries), likely
incidences of child labour; forced labor; risks of Gender Based Violence; labor influx related
risks (e.g. likely incidences of transmission of communicable diseases such as HIV/AIDS
and COVID-19); and risks of employer non-compliance with national labor laws relating to
terms and condition of employment,( including wages, benefits, as well as employment
discrimination in relation based on gender, disability, age, ethnicity, HIV/AIDS status), risks
from fish processing activities, meat processing activities in slaughter houses, construction
and operation of roads. Details of measures to be deployed so that to overcome the identified
TACTIC project labor related risks are presented in Table 1.
(a) Labour risks associated with employer’s non-compliance with labor laws and
regulations governing implementation of TACTIC Sub-projects level.
Implementation of TACTIC sub-projects is likely to expose workers into risks of non-
compliance of employer with national labor laws relating to terms and condition of
employment such as wages, benefits, health and safety of workers as well as employment
discrimination in relation to women, persons with disabilities and other members of
vulnerable groups. Furthermore, absence of a mechanism to express grievances and protect
rights regarding working conditions and terms of employment.
PO-RALG through TARURA will implement procedures contained in this LMP. These
procedures set out the way in which project workers will be managed, in accordance with the
requirements of national laws, ESS2, ESS4 and other applicable provisions of the WB
ESF. The procedures address the way in which the labor procedures will apply to different
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categories of project workers, and the way in which the PO-RALG through TARURA will
require third parties to manage their workers; as well as provision of a systematic mechanism
workers will express their grievances and concerns regarding working conditions and terms
of employment. It is notable that the provisions of the Employment and Labour Relations
Act (2004); the Non-Citizen (Employment Regulations) Act No.1 /2004; the National Social
Security act no.27/2008; the worker’s compensation Act No. 20/2008 are relevant to project
activities and satisfy the requirements of the ESS2.
Construction workers are predominantly younger males. Those who are away from home on
the construction job are typically separated from their family and act outside their normal
sphere of social control. This can lead to inappropriate and criminal behaviour, such
as sexual harassment of women and girls, exploitative sexual relations, and illicit sexual
relations with minors from the local community. A large influx of male and in some cases
female labour may also lead to an increase in exploitative sexual relationships and human
trafficking whereby women and girls are forced into sex work. Specific requirements to
manage risks associated with labour influx, related to the interaction between program
workers and local communities, such as communicable diseases and gender-based violence,
are managed through contractual requirements, code of conduct and training set out in this
document. These procedures are guided by national legislation.
The TACTIC sub-project implementation will involve OHS risks from construction and
operation of fish markets, slaughterhouses, construction and operation of roads. These entail
working with cutting equipment; quarry sites and borrow areas where there may be blasting;
high raised buildings, areas with high level of noise such as compaction; manual handling;
excavation works; and heavy machinery. These works pose occupational hazards that may
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result in accidents and injuries. The TACTIC project has therefore prepared an
Environmental Management Framework (ESMF) that will guide the assessment of risks and
preparation of Environmental and Social Impact Assessments (ESIA) and Management Plans
(ESMPs) for the sub-projects. These ESIA and ESMPs will form part of bidding documents
for contractors and will therefore guide the preparation of Site-Specific Environmental Health
and Safety Management plans (CESMPs) which will detail how these risks will be managed
for each of the sub-projects and each worksite for review and clearance by the implementing
agencies. Construction contractors have to ensure that relevant OHS mitigation measures and
management plans also apply to all their sub-contractors and service providers (e.g. quarries
and other material providers, etc.).
Discrimination has not been defined under the Tanzanian Labour Laws but Article 1 (a) and
(b) of Convention No 111 on Discrimination (Employment and Occupation) Convention,
1958 defines as any distinction, exclusion, or preference with respect to recruitment, hiring,
termination of employment, working conditions, or terms of employment made on the basis
of personal characteristics rather than genuine occupational qualifications that are necessary
to perform the work. Additionally, section 7 (5) of the Employment and Labour Relations
Act, 2004; World Bank Guidance Note 13.4 as well as ESS2 and the ILO Convention 111
prohibit any form of discrimination to workers.
Under TACTC Project, all employment categories (direct workers, contracted workers) are at
risk to be faced with all forms of discrimination, such as gender based violence including
sexual harassment, among the workforce and between the workforce and local communities.
TACTIC project supports equal opportunities of employment opportunities for both women
and men, people with disability, HIV/AIDS or other health status, all races and ethnicity
with emphasis on equal criteria for selection, remuneration, and promotion, and equal
application of these criteria.
PIU of respective ULGAs will ensure that for all project workers, including workers
engaged through contractors and subcontractors, and primary suppliers, that decisions
relating to the employment or treatment of project workers will not be made on the basis of
personal characteristics unrelated to inherent job requirements. The employment of project
workers will be based on the principle of equal opportunity and fair treatment, and there will
be no discrimination with respect to any aspects of the employment relationship, such as
recruitment and hiring, compensation (including wages and benefits), working conditions and
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terms of employment, access to training, job assignment, promotion, termination of
employment or retirement, or disciplinary practices.
HIV/AIDs prevalence which varies across regions in Tanzania ranging from 11.4% in
Njombe and 11.3% in Iringa to less than 1% in Lindi. In some of the Regions targeted by the
project, the prevalence rates are: (i) Morogoro 4.2%; (ii) Njombe 11.4%; (iii) Mbeya 9.3%;
(iv) Songwe 5.8%; (v) Katavi 5.9%; (vi) Rukwa 4.4%; (vii)Iringa 11.3%; (viii) Lindi 0.3%;
(ix) Pwani 5.5%; and (x) Tanga 5.0% (xi) Mtwara 2.0%; and (xii) Ruvuma 5.6%.
Construction attracts workers, both national or international, and services to support the
project workforce. Most of the construction workers are mostly unaccompanied male who
may therefore attract transactional sex workers in the project areas and also increase cases of
sexual contact with local population creating a risk of spread of HIV/AIDS and other sexually
transmitted infections. The project will include in the bidding documents and bills of
quantities requirements contractors to engage a local non-governmental organization working
in the field of HIV/AIDS to: sensitize the local communities and workers on HIV/AIDS;
distribute condoms; provide Information and Education Materials (IEC) on HIV/AIDS; offer
pre and post counselling and voluntary free testing services to the workforce.
(f) Likely incidences of Child labour or forced labour:
In most areas of construction child labour has soared due to their vulnerability caused by poor
livelihood conditions of their parents. Child labour and/or any form of forced labor is not
expected in all employment categories under TACTIC (direct, contract, migrant, primary
suppliers). As per Part II(a) of Tanzania Employment and Labour Relations Act (2004), no
child under the age of 18 shall be employed in worksites where work conditions considered
to be hazardous. TACTIC sub-projects will adhere to Part II (a&b) of the Employment and
Labour Relations Act (2004) which prohibit child labor and forced labor. This Employment
and Labour Relations Act (2004) is inline with the ILO conventions on prohibition of child
and forced labor (ILO Convention 105; 138; and 182) as well as the World Bank ESS2.
To prevent employing or engaging children under age of 18, the following measures will be
taken:
Documentation and verification of age prior to the employment or engagement of a
project worker and kept on file;
Obtaining written confirmation from the applicant of their age; and
Where there is any reasonable doubt as to the age of the applicant, requesting and
reviewing available documents to verify age (such as a birth certificate, national
identification card, medical or school record, or other document or community
verification demonstrating age).
If a child under the minimum age of 18 years is discovered working on any TACTIC sub-
project, the employment or engagement of the child will be terminated in a responsible
12
manner, taking into account the best interest of the child.
All the identified potential risks will be assessed by undertaking site specific risk and hazard
assessments as part of the Environmental and Social Impact Assessments. Mitigation
measures for the identified risks will be prepared as per ESS2 and incorporated into the
project’s ESMP. Table 1 below presents possible mitigation measures for the TACTIC
Project’s potential risks:
13
Table 1: Potential Labour Risks and Mitigation Measures
The information and documentation shall set out workers' rights under the
Tanzania Employment and Labour Relation Act (2004);
The project shall also have GRMs for project workers (direct workers and
contracted workers) to promptly address their workplace grievances and
concerns
14
Labour influx related risks (including PIU of respective ULGAs will ensure that Contractor's ESH personnel Quarterly
spread of diseases among workers through appropriate means conduct awareness to workers as well as the
and the nearby communities, local communities on the risks of infection with HIV/AIDS and COVID-
including HIV/AIDS and COVID-19 19,
through project activities)
PIU of respective ULGAs will ensure that implementation of Code of Weekly
Conduct to be signed by project workers and enforced by all contractors;
Daily
Given the context of COVID-19, PIU of respective ULGAs will ensure
that Contractors provide all workers with appropriate PPEs (such as
gloves and masks) and ensure proper use and disposal to be in line with the
provisions of COVID-19 prevention guidelines by the Ministry of Health,
as well as by WHO
Occupational health and safety (such PIU of respective ULGAs will ensure each of the following:
as occupational traffic accidents)
the contractor shall provide the workers with the required PPEs and
enforce use at all times while at the work site;
Consult the Good practice note on road safety to add other relevant
mitigation measures concerning prevention of occupational traffic
accidents
15
Carry out job risk assessment (analysis of hazard likely to exist and Quarterly
precautions required) before executing the assignment;
The equipment used in the works should be routinely serviced to ensure Daily
proper and safe equipment functionality;
All visitors shall be required to fill a visitors’ form providing all personal
details and purpose of the visit. A data file with information regarding
visitor will be recorded and kept by project OHS personnel
In case of any spillage at working areas, the contractor must clean the Immediately
spillage immediately, post anti-slip hazard warning should be used when after spillage
mopping floors to reduce chances of slip and falls incidence
occurrence
16
Discrimination of employment on the PIU of respective ULGAs will ensure that for all project workers, including When new
basis of gender, disability or workers engaged through contractors and subcontractors, and primary employees
ethnicity suppliers, that decisions relating to the employment or treatment of project are recruited;
workers will not be made on the basis of personal characteristics unrelated to
inherent job requirements. The employment of project workers will be based
on the principle of equal opportunity and fair treatment, and there will be no
discrimination with respect to any aspects of the employment relationship,
such as recruitment and hiring, compensation (including wages and
benefits), working conditions and terms of employment, access to training,
job assignment, promotion, termination of employment or retirement, or
disciplinary practices.
17
Sensitize communities on GBV/SEA and the referral
pathways
Quarterly
All project personnel should be trained against SEA awareness programs
as well as the beneficiary community
Likely incidences of Child labour or PIU of respective ULGAs will ensure the following in relation to direct
forced labour workers, well as projects engaged through contractors/subcontractors and
primary suppliers:
18
basins) processes do not cross. In addition, clearly demarcate commencement
transport corridors and working areas; ensure that of operational
handrails are provided on platforms, ladders, and stairs; activities
and use non-slip floor surfacing;
Use completely enclosed conveyer belts to protect hands Monthly
and fingers inspection of the
machines
Biological hazards Consider work rotation strategies to reduce occupational Daily inspection
associated with manual gutting, exposure to allergens; of the working
skinning, and general handling of fish Wear gloves to protect hands from exposure to products, environment
and shellfish (eg. infections and or especially when working with seafood that is known to
allergic reactions resulting from create allergic reactions (e.g. scallops and shrimp);
exposure to the fish itself, or bacteria Avoid aerosol-generating activities (e.g. use of compressed
on the fish); and air or high-pressure water for cleaning). Where these
activities cannot be avoided, provide proper ventilation of
Water spraying processes may result enclosed or semi-enclosed areas to reduce or eliminate exposure to
in the formation of aerosols with aerosols, in addition to adequate distances
bacteria that can be inhaled. between workers and aerosol-generating activities;
Ensure physical segregation of work and personal facilities
to maintain worker personal hygiene
19
Exposure to chemicals:
Handling chemicals such as chlorine, Ensure that employees handling concentrated lye, acid,
lye, and acids that are and chlorine wear protective clothing and eyewear
related to cleaning operations and
disinfection in process areas; Smoking kilns should not be located in the same rooms as Daily inspection
processing workers. Chimney exhaust systems should of the working
If fish smoking facilities are installed, ensure that smoke is not entering the processing factory. environment
workers could be exposed to smoke Respiratory protection should be used when cleaning
particles that contains potential or smoke ovens
confirmed carcinogens such as
polycyclic aromatic hydrocarbons
(PAHs)
Exposure to extreme heat and cold that Set the temperature in air-conditioned processing facilities, Daily inspection
may result into respiratory and where stationary manual work is conducted, at a level that of the working
musculoskeletal ailments is appropriate according to temperature stress environment
management procedures as noted in the General EHS
Guidelines;
20
including dry boots;
Exposure to noise and vibrations Using noise control devices, such as noise barriers and deflectors; Daily inspection
following proximity to noisy of the working
machinery (eg. compressors, automatic Using exhaust muffling devices for combustion engines environment
packing machinery,
condensers, ventilation units, and use of hearing protection should be enforced actively
pressurized air) when the equivalent sound level over 8 hours reaches 85
dB(A), the peak sound levels reach 140 dB(C)
Meat processing operations
Risks of exposure to physical hazards
including: Designing a proper slaughterhouse floor that is slip-proof
Fall hazards due to slippery when wet ;
conditions;
use of machines and tools (eg. Providing workers with training in the proper use of cutting
knives, mechanical saws, packaging equipment (including the proper use of machine safety Daily inspection
equipment, and mincers) principally devices) and personal protective equipment (PPE) such as
for cutting purposes; metallic gloves and leather aprons for cutting activities;
Cuts caused by sharp bones and
edges on process Ensuring that ritual slaughter is carried out by individuals
equipment (e.g. stainless steel who have received the correct training and have
basins); subsequently been approved to slaughter animals;
Exposure to lifting, carrying, and Training workers in proper live animal handling methods Daily inspection
repetitive work and work posture including the use of structures and equipment for handling
injuries (eg. situations such as manual and restraining animals;
handling of live animals in the stables,
removal and handling of manure and Designing appropriate pen / lairage / livestock yards such
other solid wastes, handling of that the animals can be calmly moved into the facility, and
21
carcasses including pushing, pulling, which allows for escape routes for the workers;
hanging up, and taking down from the
sliding rails, and manually lifting Conducting stunning of cattle in a controlled setting (e.g.
boxes with meat or bones. Additional stun-box)
situations of repetitive work may
include the boning process, operation
of machinery like slicing machines or
vacuum packing machines, packing
work, and cleaning of intestines)
Risks of exposure to biological and Avoiding dust and aerosol generating activities (e.g. use of
microbiological agents compressed air or high pressure water for cleaning) and Daily inspection
(eg. inhalation and ingestion of dust where they cannot be avoided providing proper ventilation
and aerosols during manure handling in of enclosed or semi-enclosed areas to reduce or eliminate
the lairage, pens and livestock yards, as exposure to dust and aerosols;
well as through incidental ingestion
and dermal contact during carcass Providing workers with PPE that is appropriate for the
handling, intestine cleaning, handling activity (e.g. protective clothing, gloves and masks) for
of stomach contents, and waste and workers in intestine and stomach cleaning operations;
wastewater management operations.
Ensuring physical segregation of work and welfare facilities
to maintain worker personal hygiene;
22
use during disinfection of pens and lairage areas
23
Operation of constructed roads
Risks of injuries to pedestrians and
bicyclists from moving vehicles Provision of safe corridors along the road alignment (e.g. paths separated
from the roadway), and safe crossings for pedestrians and bicyclists during
operation;
Collisions and accidents can involve a Installation and maintenance of all signs, signals, markings,
single or multiple vehicles, pedestrians and other devices used to regulate traffic, including posted
or bicyclists, and animals speed limits, warnings of sharp turns, or other special road
conditions;
24
Installation of measures to reduce collisions between
animals and vehicles (e.g. use of signs to alert drivers on
road segments where animals frequently cross; construction
of animal crossing structures; installation of fencing along
the roadway to direct animals toward crossing structures;
and use of reflectors along the roadside to deter animal
crossings at night when vehicles are approaching);
25
4. Brief Overview of Labour Legislation: Terms and Conditions
In Tanzania the Employment and Labour Relations Act (2004) and Labour Institutions Act
(subsidiary legislations) and accompanying regulations provide a legal framework for the
safeguard of worker’s management and rights. The most relevant subsidiary legislations
include:
• The Employment and Labour Relations (Code of Good Practice) Rules, 2007,
Government Gazette, Notice No. 42 of 2007
• The Employment and Labour Relations (Forms) Rules, 2007, Government Gazette,
Notice No 65 of 2007
• The Employment and Labour Relations (General) Regulations, 2017, Government
Notice 47 of 2017
This Act regulate employment matters in terms of employment standards i.e. maximum hours
of work, minimum acceptable pay within the construction industry, night work standards,
right to break during working day, leave and fair terminations, prohibition of child labor,
prohibition of forced labor, freedom of association, leave provisions – annual, sick and
holidays, dispute resolution/ grievance management, contractual arrangements, terms and
working conditions and prohibition of discriminations.
• Working hours: employee may work for nine (9) hours inclusive of a one (1) hour
meal break per work day; forty-five (45) hours a week; and a maximum of six (6) days a
week.
• Overtime hours: are to be paid at a rate of one and one half (1 ½) times the
employee’s wage for any hours worked over a standard work day (9 hours inclusive of a 1-
hour meal break)/week (45 hours). Employees are prohibited from working more than fifty
(50) hours of overtime over a four-week cycle. Overtime is not to exceed ten (10) hours a
week.
• Total hours: Workers may work twelve hours in a day, however, this must not exceed
the forty-five (45) hour limit of working hours a week. Tanzanian law limits work to twelve
(12) working hours per day, inclusive of ordinary and overtime working hours. Employees
are entitled receive pay for all public holidays. When employees are obligated to work on a
public holiday, the worker is entitled to double their basic wage for each hour worked.
• Night work: are to be compensated at least five percent (5%) of their basic wage or
overtime wage for each hour worked at night. However, some categories of workers are
prohibited from night work including pregnant workers two months before delivery, mothers
two months after delivery, children under the age of eighteen (18) and anyone medically
certified as unfit for night work.
• Rest Periods: employees are entitled to a sixty (60) minute break over a five (5) hour
period of consecutive work. Employers must allow workers to have a daily rest of up to
twelve (12) hours between ending and commencing work; and a weekly rest of up to twenty-
four (24) hours.
26
• Deductions: An employer is not authorized to make deductions from an employee’s
salary unless permissible by law, contractually agreed to, or court ordered.
• Leave: Annual leave (28 days inclusive of public holidays), sick leave (126 days in a
36 month cycle), maternity (84 days in a 36 month cycle), and paternity leave (3 days) and
compassionate Leave (Family Responsibility Leave usually 4 days). However, other types of
leave may be negotiated through collective bargaining and documented.
• Termination: Both parties to a contract have the right to terminate employment. The
Employment Act requires that all forms of termination be documented in writing and
adequate period of notice be given prior to terminating employment.
This section sets out the key aspects of the national labor legislation with regards to
occupational health and safety, and how national legislation applies to the different categories
of workers identified in Section 1. The overview focuses on legislation which relates to the
items set out in ESS2, paragraphs 24 to 30.
The Occupational Health and Safety Act No. 5 of 2003 have relevant clauses that support
ESS2. Part IV and VI of the Act makes a provision for Safety enforcements at workplace
whereby Part V, Part VII and Part VII provides Health and welfare baselines for persons at
work with fundamental responsibility is entrusted to occupier under Section 95 of the Act.
Furthermore, the Act describes procedures for the protection of persons other than workers
against risks arising out of or in the course of operations at the workplace.
Specific, relevant and direct legislation on occupational safety and health is found under the
Occupational Health and Safety Act of 2003. The Act is aimed at protecting against hazards
to health and safety arising out of, or in connection to, work related activities.
The OSH Act sets standards that must be observed by employers to ensure that a workplace is
safe and secure. Where no standards exist to deal with a particular issue, employers are bound
by OSH Act’s General Duty Clause which requires employers to provide a place of
employment that is free from recognized hazards known to or are likely to cause harm, death
or serious physical injury to its employees.
COVID-19 CONSIDERATIONS:
To ensure minimum or no cases of transmission of COVID-19, TACTIC project ensures that
all TACTIC sub-project activities regarding workers and the communities are performed in
accordance with existing Tanzania's COVID-19 prevention guidelines; World Bank
27
Environmental and Social Frameworks; World Bank Group Environmental Health and Safety
Guidelines; ESS2 and ESS4; WHO COVID-19 prevention guidelines.
Identification of national guidelines with respect to COVID-19 measures is important (to the
extent they exist). The degree to which these guidelines are up-to-date and capture good
international industry practice (GIIP) should be detailed. If the Government has not published
any such guidelines, reference should be made to WHO guidelines and other guidelines that
may be useful.
Protection against possible risks as provided for in the Public Health Act (2009) and and in
view of COVID-19 related risk will be managed through:
Arrangements for ensuring safety and absence of risks to health in connection with the
use, handling, storage and transport materials from suppliers under TACTIC project;
Ensuring that workers or suppliers participate in the application of Infection prevention
and control (IPC) safety and health measures/guidelines as advised by Ministry of
Health, Community Development, Gender, Children and People with Disabilities
including availability of hand wash facilities, water and soap, alcohol-based hand
sanitizer;
Train all staff on the signs and symptoms of COVID-19, how it spreads, how to protect
themselves (respiratory hygiene, cough etiquette and hand hygiene) and the need to be
tested if they have symptoms;
Provision of such information, instructions, training and supervision as is necessary to
ensure the safety and health at work of every worker or supplier;
All workers and visitors accessing work sites every day or attending meetings shall be
subjected to rapid Covid-19 screening which may include temperature check and/or
other vital signs;
Any worker showing symptoms of respiratory illness (fever, cold or cough) and has
potentially been exposed to COVID-19 should be immediately removed from work and
tested for the virus at the nearest local hospital;
Project management must identify the closest hospital that has testing facilities in place,
to refer workers/staff;
Persons under investigation for COVID-19 should not return to work at the project site
until cleared by test results. During this time, they should continue to be paid their
wages;
If project workers live at home, any worker with a family member who has a confirmed
or suspected case of COVID-19 should be quarantined from the project site for 14 days,
and continued to be paid wages, even if they have no symptoms;
Use existing grievance procedures to encourage reporting of co-workers if they show
outward symptoms, such as ongoing and severe coughing with fever, and do not
voluntarily submit to testing;
Mandatory provision and use of appropriate PPEs shall be required for all project
personnel including workers and visitors;
Avoid concentration of more than 15 workers at one location. Where there is a
gathering of more than one person, maintain social distancing of at least 2 meters;
Restriction on the number of people accessing the work areas; Fumigation of offices,
work areas and project vehicles delivering food to the schools;
28
Train cleaning staff in effective use of PPE, cleaning arrangement and procedures and
disposal of waste generated from project activities; and
The project will also adhere to any other Government of Tanzania guidelines on
COVID-19 as well as World Bank guidelines.
Under TACTIC project, other international conventions, and directives for addressing health
and safety issues relevant to COVID-19 are applicable, including:
ILO Occupational Safety and Health Convention, 1981 (No. 155)
ILO Occupational Health Services Convention, 1985 (No. 161)
ILO Safety and Health in Construction Convention, 1988 (No. 167)
WHO International Health Regulations, 2005
WHO Emergency Response Framework, 2017
EU OSH Framework Directive (Directive 89/391)
To ensure that the working environment do not impose eminent health or safety welfare risks,
the TACTIC Project shall ensure that appropriate mechanisms are put in place such as
consideration of health and safety during sub-project designs; Involvement of entities
entitled to enforce OHS programs including OSHA; regular health and safety training to
workers throughout the implementation phase; use of appropriate and adequate safety
warning signage; Emphasis on reporting, investigation and documentation of near misses and
accidents Investigation outcomes will be used to implement preventive and protective
measures to all projects within the TACTIC Project. All TACTIC Project workers (whether
direct/contract or migrant) will be provided with information that is clear and understandable
concerning their works in order to avoid risks of exposure to danger or injurious working
environment. Investigation outcomes will be used to implement preventive and protective
measures to all projects within the TACTIC Project.
6. Responsible Staff
Currently the PO-RALG urban projects are implemented by TARURA and coordinated by
the established WBCU and at ULGAs, Project implementing units were established;. similar
mechanism will be utilized i.e TACTIC sub-projects will be coordinated by the WBCU under
a close supervision of TARURA. Therefore, the PCU at WBCU level will be responsible for
overall management and coordination of the Project, including the compliance with
safeguards requirements including on labor and working condition. To ensure compliance
with safeguards requirements including labor and working condition, PCU will hire
consultant(s) with expertise in environmental, social, occupational health and safety issues.
The PIU at ULGA level will supervise implementation of LMP as well as oversee
contractor's compliance monthly or at shorter intervals as defined by specific plans. As part
of procurement for works as well as during contractors’ induction, the PIU will address all
LMP aspects. In accordance with contract specifics, the contractor will be responsible to
comply with all terms and conditions in this LMP on labour and employment issues.
29
The details of management of project workers, responsible staff and oversight mechanisms of
the TACTIC Project is presented in Table 2 below.
30
S/N Institution Roles
these requirements;
Work within the scope of contractual requirements and other
tender conditions;
Engagement and management of project workers;
Prepare CESMPs based on the site specific ESMP; Health
and Safety Plans; Labor Management Plans; and Traffic
Management Plans in the bidding documents and contracts;
Train workers about EHS (including relevant WBG EHS
Guidelines) and the site-specific environmental and social
measures to be followed;
The EHS officer of the contractor will participate in the joint
site inspections with the PIU and Environmental Supervision
Engineer/consultant;
Carry out any corrective actions instructed by the Supervision
Engineer/consultant;
Provide and update information to the Supervision
Engineer/consultant regarding works activities including off-
site activities/facilities such as borrow pits, quarries, disposal
sites, which may contribute, or be continuing to the
generation of adverse environmental impacts;
In case of non-compliances/discrepancies, carry out
investigation and submit proposals on mitigation measures,
and implement remedial measures to reduce environmental
impact;
Stop civil works which generate adverse impacts to the
workers upon receiving instructions from the Supervision
Engineer/consultant and/or PIU;
Propose and carry out corrective actions in order to minimize
the environmental impacts;
Send immediate reports to the Client (PIU) in case of any
accidents or incidents involving project site, project workers
or otherwise occurring within the project area of influence;
Contractors will be required to operate a worker grievance
redress mechanism which
responds to the minimum requirements in this LMP (please
see Section 10).
Send weekly reports of non-compliance to the Supervision
Engineer/consultant;
Send monthly progress reports to the Supervision
Engineer/consultant.
required to obtain all necessary permits ahead of the start of
works ;
sign an agreement with a medical facility as a solution to
manage workers health, including arrangements for
transportation to the facility in case of an accident (e.g.
ambulance).
4 Participating Will be responsible for day to day monitoring of compliance
ULGAs of TACTIC sub-projects to the terms and conditions of this
31
S/N Institution Roles
LMP;
Engagement and management of contractors/subcontractors;
Addressing worker grievances
Provision of training to Supervision Consultants and
Contractors on labour and working conditions issues such that
they are able to undertake supervision activities in line with
ESS2 and national legislation. These experts will also be
responsible for ensuring that appropriate due diligence in
relation to labour and working conditions is undertaken when
contracting consultants and facilitators.
Ensure that the necessary OHS authorizations and permits are
obtained;
Determine the scope of physical work i.e. identify the
magnitude, sensitivity and risk category of the sub-projects in
terms of the OHS
Review and approve Health and Safety Management Plans
(HSMPs) where needed and site-specific HSMPs based on
alignment walk;
Include the requirements and mitigation measures from
HSMPs and site specific HSMPs in the bidding documents
and contractor contracts;
Ensure that contractors have a qualified and experienced
Environmental Health and Safety (EHS) Officer;
During operation phase (road maintenance, servicing the
markets, and drains, operating slaughterhouses, etc.) provide
training and sensitization for workers on occupational health
and safety
32
7. Policies and Procedures
A summary of indicative procedures to develop and implement the LMP policies under
TACTIC project is provided below:
33
(v) GBV including all forms of sexual harassment:
Given the implementation context, sexual harassment, exploitation and abuse of co-workers
and learners is a likely risk. Thus, all staff and contracted workers will sign the CoC outlining
expected standards of behavior in this regard and attend an awareness session on the same
which will address the consequences of such actions. The PO-RALG will identify a qualified
trainer/consultant to offer training on GBV. Special provisions will be made in the GRM to
address GBV complaints as described below.
A GBV Action Plan will be developed to accompany the implementation of TACTIC project
GRM to ensure that the Project does not have any negative impacts or further perpetuate
GBV/SEA. The Plan will be base on existing protection, prevention and mitigation strategies
and measures developed by the WB and coordinated through TACTIC PIU and respective
ULGAs at the implementation level. The implementation of this Plan will be supported by
experienced service provider for GBV/SEA which will include a hotline for reporting cases
of GBV/SEA and child abuse. Requirements for the safe and confidential reporting of cases
of GBV and child abuse will be inbuilt into the service provider’s ToR.
34
reporting requirements. Incidents have to be classified based on the WB Incident
Classification Guideline as appended in Annex 7. Corrective actions shall be implemented in
a timely manner in response to project-related incidents or accidents. The TACTIC PIU or,
where relevant a consultant, may conduct a root cause analysis for designing and
implementing further corrective actions. All incidents (fatality or serious injury) shall be
investigated and reported within 24 hours to PO-RALG/TARURA and World Bank and the PIU will
prepare a report on the event and the corrective action and submit to WB within 30 calendar
days of the event.
(ix) COVID-19:
The contractor will provide an environment that is protective of COVID-19 including social
distancing; accessible wash areas with water, soap and sanitizers; and emergency
communication lines for any worker who needs to report a COVID-19 related issue. The
contractor may assign a team member to be the COVID-19 focal point, who will be
responsible for ensuring that the measures are implemented. In case of a COVID-19 infection
at a workplace, the TACTIC PIU and the WBCU should be informed immediately and all
other prevention measures put in place immediately to contain the spread of the virus. All
workers will be provided with appropriate care and support if exposed to the virus at the
workplace.
8. Age of Employment
As stipulated in Tanzania Employment and Labour Relations Act (2004) the minimum age of
employment is 18 years, which is also stipulated in the International Labour Organization
Conventions (138) on minimum age. These two legislations prohibit the employment of
underage children. The implementing agencies’ standard for minimum age of
employment/work is 18 years, and it will be among the terms of contracts regarding child
labour. In the maintenance works will be engaged, the TACTIC Project will target
participation of both men and women between the age of 18 and 65. During the TACTIC
Project implementation various tools will be used to verify age of workers. Such tools include
Birth certificates, Voters Registration Card and National Identity Cards which will be filled in
each employee's records. In the circumstances where these documents are not available the
Affidavit of Birth will be used. The consequence of breaching implementing agencies’
standard on child labour may result into termination of the contract.
In case it is found that underage children are working during the implementation of the
TACTIC Project, the following procedures will be applied:
35
labour authorities to validate identification, and conduct medical checkups to assess
age;
Obtain contact details (ideally mobile phone number) of child and parents/guardian,
and wherever possible, home address;
Talk to the child to ensure they understand what is happening and why, as well as
risks and hazards of child labour;
Meet with the contractor and site supervisor/consultant to communicate the policies
and basic positions regarding child labour;
Contact the parents/guardians to ensure that they understand and agree with what is
happening and to explain the risks and hazards of child labour;
Review all the personnel records at the workplace to identify whether there are any
other child workers; and
Give advice to the contractor and supervision engineer/consultant on improving age
verification systems to ensure that no new child worker is hired.
36
9. Terms and Conditions
Tanzania Employment and Labour Relations Act (2004) broadly addresses issues including
the minimum, statutory requirement of any employment arrangement as presented in Labour
Relations (Code of Good Practice) Rules, 2007; Employment and Labour Relations (Forms)
Rules, 2007; and Employment and Labour Relations (General) Regulations, 2017.
For this project, the provisions in Table 3 will inform management of all workers.
37
All other workers will continue to benefit from medical insurance as arranged by
their employers
COVID 19 Various mitigation measures will be put in place to ensure consideration; these
Consideration include use of legislation enacted in response to the health and safety issues
posed by COVID-19, additional mitigation measures to protect workers
Workers' Grievance redress mechanism (GRM) involves a formal process for receiving,
evaluating and addressing workers' project-related grievances and concerns, including
workplace sexual harassment. Typical work place grievances include demand for
employment opportunities; labor wage rates; delays of payment; disagreement over working
conditions; and health and safety concerns in the work environment. To raise workplace
concerns, a grievance structure will be established for project workers (direct workers and
contracted), as required in ESS2; and describe the GRM structure in the Project Operations
Manual (POM). This GRM should address workplace concerns specifying procedures as to
whom a project worker should lodge their grievances, the time frame for receiving a response
or feedback and steps to refer to a more senior level, while allowing for transparency,
confidentiality and non-retribution practices. This GRM forms part of Project's GRM as presented
in Section 5.1 of the TACTIC Project Stakeholders' Engagement Plan (SEP). Since all types of
workers under TACTIC (i.e Direct as well as Contracted Workers) are identified as Stakeholders;
employers will be required to produce their GRM procedure as a prerequisite for tender
which at a minimum conform to these requirements. The GRM procedures have to be
transparent. After they are engaged, employers will be required to prove that each employee
has been inducted and signed that they have been inducted on the procedure. The details of
the workers’ GRM is presented in the Labour Management Procedures (LMP) under
TACTIC.
The GRM should foresee the procedure that at least:
Workers' grievance procedures shall be tailored to meet the needs of the TACTIC project,
38
culture and workforce composition. The GM will be accessible to all employees through
various means (written, telephone, social media etc). The workers grievance mechanism will
be described in staff induction training, which will be provided to all project workers, and a
description added to Worker’s Code of Conduct. The contractor will be required to prove that
each employee has been inducted and signed that they have been inducted on the GRM
procedure. Grievance logbook will be maintained in TACTIC project office.
Essentially, the GRM will be at two levels- one at the national level (PCU) and one in each of
the TACTIC implementing Council. Any third party employing and engaging contracted
workers will be required to design and implement grievance mechanisms that will be aligned
or surpass this standard ensuring an easy access to protective measures and effective remedial
actions in work situations that may give rise to grievances and disputes. Prior of beginning
civil works, contractors as well as sub-contractors will be required to prepare and submit a
detailed description of the workers’ grievance mechanism as a pre-requisite for tender
documents.
Second level: TARURA World Bank Project's Coordinator is a second level GRM for direct
workers if there is a situation in which there is no response from the TACTIC project HR or
if the response is not satisfactory then complainants and feedback providers have the option
to appeal directly to the TARURA World Bank Project's Coordinator to follow up on the
issue. The complaints should be considered and feedback provided within next 7 working
days.
39
cannot be resolved at the PIU level within 7 working days, then it will be escalated to the
Agency level.
TACTIC project coordination level: If there is a situation in which there is no response from
the TACTIC sub-project PIU at Council level, or if the response is not satisfactory then
complainants and feedback providers have the option to contact the Focal Person in TACTIC
Project Coordinator's Office directly to follow up on the issue.
NB: The Workers' grievance mechanism will not prevent workers from using the dispute
procedures provided in part VIII of the Employment and Labour Relations Act of 2004.
If the dispute is not resolved at the workplace, other resolutions mechanisms provided for in
the labour legislations as well as World Bank Grievance Redress System can be utilized. The
proposed TACTIC Project GRM flow chart is clearly presented in the TACTIC Project's SEP
document.
c) World Bank Grievance Redress System
Project workers may submit complaints to existing project-level grievance redress
mechanisms or the WB’s Grievance Redress Service (GRS). The GRS ensures that
complaints received are promptly reviewed in order to address the project’s labor related
issues. Project workers may submit their complaint to the WB’s independent Inspection Panel
which determines whether harm occurred, or could occur, as a result of WB non-compliance
with its policies and procedures. Complaints may be submitted at any time after concerns
have been brought directly to the World Bank’s attention, and Bank Management has been
given an opportunity to respond. For information on how to submit complaints to the World
Bank’s corporate Grievance Redress Service (GRS), please visit
http://www.worldbank.org/en/projectsoperations/products-and-services/grievance-
redressservice.
For information on how to submit complaints to the World Bank Inspection Panel, please
visit www.inspectionpanel.org
In addition, the ESIA may identify additional mitigation measures related to gender and such
measures will be reflected in site specific ESMPs, including the contractors ESMP or
contractors specific Labour Management Plans, where required. This will include
engagement with communities on gender related risks, grievance and response measures
40
available, as identified in the manual. Typical Complaints Reporting Template; Complaints
Log; and Complainants Form are presented under Annexes 8, 9 and 10.
41
11. Contractor Management
PO-RALG will make reasonable efforts to ascertain that third parties who engage contracted
workers are legitimate and reliable entities and have in place labor management procedures
applicable to the project that will allow them to operate in accordance with the requirements of
this ESS. The contractual provisions that will put in place relating to contractors for the
management of labour issues, including occupational health and safety, as discussed in ESS2,
paragraph 32 and GN 32.1. The procedure for managing and monitoring the performance of
contractors, as discussed in ESS2, paragraph 32 and GN 32.1
To ensure sound and time-bound project implementation, the project will employ direct workers,
contracted workers, short term consultants through contracts. All employees will be recruited in
accordance with the procurement procedures provided in the TACTIC project's Project
Procurement Manual.
However, employment through contracts calls for sound contractor management which shall be
realized through proper agreement signing; agreement on key performance indicators and
ensuring that worker related aspects of the project are embedded in contracts. Effort shall be
made to ensure that all contractors in the TACTIC sub-projects, as per guidance in ESS2,
provide workers with evidence of all payments made, including social security benefits, pension
contributions or other entitlements regardless of the worker being engaged on a fixed term
contract, full-time, part-time or temporarily.
The Supervision Consultant for TACTIC sub-projects will manage and monitor the performance
of Contractors in relation to contracted workers, focusing on compliance by contractors with
their contractual agreements (obligations, representations, and warranties). This may include
periodic audits, inspections, and/or spot checks of project locations or work sites and/or of labor
management records and reports compiled by contractors.
In addition, the borrower (PO-RALG) will require that all contractors engaged on the project
operate in a manner consistent with the requirements of the ESSs, including the specific
requirements set out in the ESCP. To ensure that contractors engaged are managed in an
effective manner, the following measures will be considered:
a) Assessing the environmental and social risks and impacts associated with such contracts;
b) Ascertaining that contractors engaged in connection with the project are legitimate and
reliable enterprises, and have knowledge and skills to perform their project tasks in
accordance with their contractual commitments;
c) Incorporating all relevant aspects of the ESCP into tender documents;
d) Contractually requiring contractors to apply the relevant aspects of the ESCP and the
relevant management tools, and including appropriate and effective non-compliance
remedies;
e) Monitoring contractor compliance with their contractual commitments; and
f) In the case of subcontracting, requiring contractors to have equivalent arrangements with
their subcontractors
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The contractor will be required to fill and submit a Pre-Qualification Checklists for Contractors
as attached under Annex 1. The Conditions of Contract for each Contractor shall include the
right to terminate the Contract once the Contractor fail, within the reasonable time given, to
comply with any Notice to correct related inter alia to compliance with the National Labor Laws,
OHS Laws and Regulations and this LMP. The contractor is responsible for preparation and
implementation of Health and Safety Plan for his employees; and this Health and Safety Plan has
to be implemented by a third party if engaged. In case a third party is engaged under TACTIC
sub-project, he/she will be required to submit a report on compliance of the third parties
engaging contracted workers (template attached under Annex 2) and a third party statement on
compliance with provision of labour Legislation and the TACTIC Project LMP (template
attached under Annex 3).
Contractor who subcontract the supply of materials and equipment will be responsible to include
conditions and specifcations on ESHS aspects to its subcontracting agreements, including and to prevent
the use of child labor, forced labor and serious safety issues which may arise in relation to primary
suppliers, and consistent with National law and the requirements of ESS1, ESS2 (in the area of
child labor, forced labor and serious safety issues which may arise in relation to primary
suppliers); and to ensure that Employees of any Suppliers or subcontractors are adequately
trained on the requirements covered in the law. This will be ensured by having the Primary
suppliers sign a statement of compliance confirm that they adhere to the national requirements
regarding labor and working conditions and these LMP as applicable.
The selection process of primary Suppliers will ensure that they are reputable companies with
evidenced positive track record in social performance including zero tolerance for child and
forced labor. They will further need to be able to prove and provide evidence of the procedures
in place to assess and manage OHS related risks. The TACTIC project PIU reserves the rights to
verify compliance with the requirements set by a combination of mechanisms including but not
limited to self‐assessments, surveys, site‐visits or audits. Relevant Records must therefore
maintain relevant records to demonstrate compliance and if necessary, allow access to their own
and their Suppliers’ and subcontractors’ premises for authorized representatives of the PIU
and/or the supervision consultant.
In case the Primary Supplier fails to demonstrate conformance and compliance to the national
law and this LMP in the area of child and forced labor and serious safety risks, TACTIC project's
PIU will submit through the Contractor a Notice ‐to‐correct the non‐compliance with immediate
effect. Should the Primary Supplier fail to comply within the time specified in the Notice or
should the PIU assess that such remedy is not possible, the project s primary suppliers shall be
shifted to those that can demonstrate compliant labor management and performance. Once the
Project advances the provisions of the LMP covering management of labor and working
43
condition risk of Primary Suppliers shall be expanded and updated and based on the findings of
the assessment detailed procedures established and included in the revised document.
Selection of primary suppliers. When sourcing for primary suppliers, the project will require
such suppliers to fill and submit a Primary Suppliers Statement of compliance to Child Labour,
forced labour and OHS; a template is found attached under Annex 4; as well as to identify the
risk of child labor and forced labor as well as OHS risks. The GPE PCU will review and approve
the purchase of primary supplies from the suppliers following such risk identification
assessment. Where appropriate, the project will be required to include specific requirements on
child labor, forced labor and work safety issues in all purchase orders and contracts with primary
suppliers. The GPE PCU will, as part of its monitoring, include indicators for assessing the
functions of primary supply workers.
44
ANNEXES
ANNEX 1: Pre-Qualification Checklist for Contractors
Project-specific pre-qualification process reviews the contractor’s experience on identical or very
similar projects doing essentially the same tasks that are anticipated. This includes the contractor’s
present capabilities, such as:
a) OHS management systems and program;
b) Project specific OHS plan;
c) Safety training provided to management and workers;
d) Availability and qualifications of construction safety managers and staff;
e) Training to be provided; and Inspection processes.
The general conditions of the contract define the overall OHS responsibilities and requirements for
contractors. These provisions are contained in a separate Clause of the contract. In general, these
OHS conditions require the contractor to be responsible for initiating, maintaining, and supervising
all safety precautions and programs, while complying with all applicable laws and regulations. The
details are contained in the table below.
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The prime contractor flows- down the accident
notification and reporting requirement to subcontractors,
so that all incidents that occur during the course of the
project are reported and investigated in a timely manner
Item Description Evidence
OH&S Pay Pay rates for personnel to work in upgraded levels of Detailed pay break down for
Items personal protective equipment (such as respiratory each category of staff
protection)
Provision of a qualified full-time health and safety Deployment letter for
officer for the duration of the project the safety officer
Establishment and proper functioning of an OH&S Committee membership and
Committee (as appropriate) ToRs
Contractors and personnel attending any required
Training report
OH&S Orientation training
Costs for specific air monitoring, air sampling and
Breakdown of costs
analysis required to implement industrial hygiene or air
Inspection reports
quality monitoring, as may be required by the technical
specifications
Project Contractors should document implementation of their
Specific health and safety program and address requirements Report on the safety
Hazards for personal protective equipment, chemical hazard program
Information communication, performing periodic health and safety Inspection and
inspections, emergency response procedures, tool and verification reports
equipment inspections, fire protection, vehicle safety,
and site security
Licenses, Copies of all licenses, certifications, and training
Certification documents including certificates of insurance Verification of the
s and indicating the contractor is adequately insured for documentation of the
Training general liability and workers’ compensation various requirements
Documentati
on
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ANNEX 2: Format for Report on Compliance with Conditions of Work with ESS2 for
Third Parties engaging Contracted Workers
Assignment name:
Contractor/Service Supplier:
Reported period:
Date of report:
47
since contract start):.................
Number of suits filed with regard to labor, employment and OHS issues:...................
Number of disputes brought to peaceful settlement/ voluntary arbitration procedure:...........
Number of visits by labor/ OHS inspection:......................
*The employee is any natural person employed or engaged to work or perform service for the employer
1 The number of employees refers to the actual number/headcount on the date of the report.
2 The numbers imply the total number of incidents in the reported period.
4 All project workers had a regular daily If “No” please specify and
and weekly rest explain
5 Number of project workers were If “Yes” please specify number
terminated from employment and explain conditions of
with termination in line with national termination
labor law and ESS2
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10 Project workers raised grievances or If “Yes” please specify number
started voluntary arbitration / legal and explain
proceedings to settle a dispute
11 In the reported period there were some If “Yes” please specify number
incidents on noncompliance with the and explain
LMP
We are aware of, and comply with, the standards laid down in the Labor Management
Procedures;
We conform to all national laws* and applicable regulations concerning employment, labor and
employee relations, and labor and working conditions;
We are committed to providing a safe and healthy environment for our employees and to
implementing all occupational health and safety requirements as stipulated by national
legislation;
We do not tolerate any form of child, forced or slavery work.
We prohibit any form of harassment, sexual harassment, abuse, violence, including Gender
Based Violence (GBV) at work and forbid direct or indirect discrimination against any employee
or groups of employees on any ground and for whatever reason.
We confirm that a workers' GRM is available
We confirm that no worker GM is available but will be established by the time the contract is
signed.
We hereby state that should we be awarded with the contract; we shall adopt the Labor Management
Procedures applicable to the project and incorporate them in our practice.
We understand that the failure to respect any of the above stated commitments could lead to termination
of the contract and exclusion from the project.
Signature:..................................................
Name:.................................................................
Position:...............................................................
1
The bidder should mark appropriate commitment
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*National Laws refers both to the Laws of the United Republic of Tanzania and the domicile Law of the
country in case the Bidder is foreign
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ANNEX 4: Primary Suppliers Statement of Compliance with Provisions of Labor Legislation and
the TACTIC Project's LMP related to Child Labor, Forced Labor and OHS
We conform to all national laws* and applicable regulations concerning employment, labor and
employee relations, and labor and working conditions;
We are committed to providing a safe and healthy environment for our employees and to
implementing all occupational health and safety requirements as stipulated by national legislation;
We do not tolerate any form of child, forced or slavery work.
We prohibit any form of harassment (including sexual) abuse, violence and Gender Based
Violence at work and forbid direct or indirect discrimination against any employee or groups of
employees on any ground and for whatever reason.
We shall maintain records related to labor, occupational injuries, illness, near misses and incidents.
We hereby acknowledge our understanding that our company may be subjected to announced and
unannounced visits, site checks and labor and working condition audits by the Contractor through which
materials and good are supplied to the Project, PIU staff and independent third parties with the aim to
verify compliance with the above statement.
We understand that the failure to respect any of the above stated commitments could lead to termination
of the contract and exclusion from the project.
Signature:..............................................................
Name:.................................................................................
Position:.............................................................................
* National Laws refers both to the Laws of the United Republic of Tanzania and the domicile Law of the
country in case the Bidder is foreign
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ANNEX 5: Code of Conduct (CoC) Template Form
We are the Consultant, [enter name of Consultant]. We have signed a contract with [enter name of
Client] for [enter description of the Services]. These Services will be carried out at [enter the Site and
other locations as appropriate]. Our contract requires us to implement measures to address environmental
and social risks related to the Services, including the risks of sexual exploitation, sexual abuse and sexual
harassment.
This Code of Conduct is part of our measures to deal with environmental and social risks related to the
Services. It applies to all Experts at the Site or other places where the Services are being carried out.
This Code of Conduct identifies the behavior that we require from all Experts.
Our workplace is an environment where unsafe, offensive, abusive or violent behavior will not be
tolerated and where all persons should feel comfortable raising issues or concerns without fear of
retaliation.
REQUIRED CONDUCT
Experts shall:
1. carry out his/her duties competently and diligently;
2. comply with this Code of Conduct and all applicable laws, regulations and other requirements,
including requirements to protect the health, safety and well-being of other Experts and any other
person;
3. maintain a safe working environment including by:
a. ensuring that workplaces, equipment and processes under each person’s control are safe
and without risk to health;
b. wearing required personal protective equipment; and
c. following applicable emergency operating procedures.
4. report work situations that he/she believes are not safe or healthy and remove himself/herself
from a work situation which he/she reasonably believes presents an imminent and serious danger
to his/her life or health;
5. treat other people with respect, and not discriminate against specific groups such as women,
people with disabilities, migrant workers or children;
6. not engage in Sexual Harassment, which means unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature with other Experts, Contractor’s
Personnel or Client’s Personnel;
7. not engage in Sexual Exploitation, which means any actual or attempted abuse of position of
vulnerability, differential power or trust, for sexual purposes, including, but not limited to,
profiting monetarily, socially or politically from the sexual exploitation of another ;
8. not engage in Sexual Abuse, which means the actual or threatened physical intrusion of a sexual
nature, whether by force or under unequal or coercive conditions;
52
9. not engage in any form of sexual activity with individuals under the age of 18, except in case of
pre-existing marriage;
10. complete relevant training courses that will be provided related to the environmental and social
aspects of the Contract, including on health and safety matters, Sexual Exploitation and Abuse
(SEA), and Sexual Harassment (SH);
11. report violations of this Code of Conduct; and
12. not retaliate against any person who reports violations of this Code of Conduct, whether to us or
the Client, or who makes use of grievance mechanism for Experts or the project’s Grievance
Redress Mechanism.
RAISING CONCERNS
If any person observes behavior that he/she believes may represent a violation of this Code of Conduct, or
that otherwise concerns him/her, he/she should raise the issue promptly. This can be done in either of the
following ways:
1. Contact [enter name of the Consultant’s social expert with relevant experience in handling sexual
exploitation, sexual abuse and sexual harassment cases, or if such person is not required under the
Contract, another individual designated by the Consultant to handle these matters] in writing at this
address [ ] or by telephone at [ ] or in person at [ ]; or
2. Call [ ] to reach the Consultant’s hotline (if any) and leave a message.
The person’s identity will be kept confidential, unless reporting of allegations is mandated by the country
law. Anonymous complaints or allegations may also be submitted and will be given all due and
appropriate consideration. We take seriously all reports of possible misconduct and will investigate and
take appropriate action. We will provide warm referrals to service providers that may help support the
person who experienced the alleged incident, as appropriate.
There will be no retaliation against any person who raises a concern in good faith about any behavior
prohibited by this Code of Conduct. Such retaliation would be a violation of this Code of Conduct.
CONSEQUENCES OF VIOLATING THE CODE OF CONDUCT
Any violation of this Code of Conduct by Experts may result in serious consequences, up to and including
termination and possible referral to legal authorities.
FOR EXPERT:
I have received a copy of this Code of Conduct written in a language that I comprehend. I understand that
if I have any questions about this Code of Conduct, I can contact [enter name of Consultant’s contact
person(s) with relevant experience] requesting an explanation.
Name of Expert: [insert name]
Signature: __________________________________________________________
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Date: (day month year): ______________________________________________
ATTACHMENT 1: Behaviors constituting Sexual Exploitation and Abuse (SEA) and behaviors
constituting Sexual Harassment (SH)
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Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment (SH) Performance Declaration
[The following table shall be filled in for the Consultant, each member of a Joint Venture and each
subconsultant proposed by the Consultant]
We:
(a) have not been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations
(b) are subject to disqualification by the Bank for non-compliance with SEA/ SH obligations
(c) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations.
An arbitral award on the disqualification case has been made in our favor.
[If (c) above is applicable, attach evidence of an arbitral award reversing the findings on the issues
underlying the disqualification.]
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ANNEX 6: OHS Requirements for Project Workers and Suppliers
The PO-RALG endeavors, in all its projects and operations, to prevent personal injuries, ill health and
damage to property. To guarantee this, PO-RALG shall implement the Pre-Qualification Checklist for all
contractors to ensure that the contractors have OHS management systems and program; project
specific OHS plan; safety training provided to management and workers; competency, availability
and qualifications of construction safety managers and staff; and OSH inspection processes to be
implemented.
This Project Occupational Health and Safety Requirements (here after referred as Plan) have been
designed to assist the management of activities and support a risk-based approach to preventing
dangerous acts that could lead to injuries or illnesses or serious incidents (including COVID-19
infections) at workplace as well us supply of goods and services. The plan will ensure that
workers and suppliers will exhibit professionalism in performing their duties effectively and
efficiently. The purpose of this plan is to establish a uniform and comprehensive process for prompt
investigation and reporting of incidents, property damage, near misses, and significant
Environmental, Health and Safety incidents including the spread of COVID-19 infection. This plan is
intended to provide the minimum OHS requirements that all service providers / contractors and
subcontractors shall be required to adhere to; it shall be appended to the contracts.
This Plan is a live document that will be reviewed on a need basis and updated if necessary.
B. General Requirements
Personal Protective Equipment (PPE) includes all equipment or apparel designed to provide workers
with a barrier against workplace hazards and exposure. The equipment should protect the; head,
eye, face, body, and foot. PPE protects workers/suppliers from the effects of exposure to chemical,
physical, and safety hazards.
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Project workers / suppliers (for the contractors and sub-contractors) who are exposed to work
related physical and safety hazards that could cause injury or illness are required to wear PPE.
Determining the existence of these hazards is a process referred to as "hazard assessment" and is
also known as a “job safety analysis” (JSA) or “job hazard analysis”. This process is the critical
evaluation of a work site to document the existence of a hazard, the severity of the workplace, and the
specific PPE that will be used to protect employees from that hazard. Each hazard assessment
must be included in the site specific health and safety plan. Component Managers will be responsible in
ensuring the suppliers and contractor / sub-contractor workers develop project-specific job hazard
analysis for tasks they are to conduct and for incorporation in Health and Safety Plans (HASPs) in
accordance with Occupational Health and Safety Act of 2003.
PO-RALG/TARURA will establish PPE requirements, job hazard analysis procedures, and improve
operational procedures through the use of this document. Preventing workplace injuries within PO-
RALG/TARURA is the principle purpose of job hazard analysis. This document will provide a basis for
studying and recording each step of a job, identifying existing or potential job hazards (both safety and
health), determining PPE requirements and establishing the best way to perform the job to reduce or
eliminate these hazards.
At a minimum, HASP shall be developed by all the suppliers, contractors and sub-contractors for
each sub-projects, the HASP shall outline the hazards and risks associated with the tasks needed to
be performed and include proper control methods including the use of proper PPE and engineering
controls and the oversight competent key personnel in place.
RESPONSIBILITY: The Project Coordinator and Environment Safeguards Expert are responsible for all
facets of this OHS requirements and has authority to make necessary decisions to ensure success of the
project. The Project Coordinator and environment safeguard specialist are the sole persons authorized to
amend these instructions on OHS requirements in consultation with the project
coordination unit.
C. Incident Reporting
Provides the minimum requirements for the investigation, reporting and recording of incidents
which result in injury or illness to a person, or damage to any property, in order to insure compliance
with national regulations and the WBG general EHS guidelines; contract provisions, insurance policy
requirements and to prevent recurrence. All incidents (fatality or serious injury) shall be
investigated and reported within 24hours to PO-RALG/TARURA and World Bank and recorded pursuant
to the requirements of this section. The following potential ESH incidents include, but not limited to:
Occupational Health and safety related incidents like slips, falls from heights,
Fire emergency
Road accidents project staff or contractors staff
Security risks like banditry for food suppliers in the arid and semi-arid areas, and
Improper food hygiene, contamination leading to food poisoning
D. Incident Investigation
An investigation should be initiated immediately following any incident. The scene of the incident
must be immediately secured so as to not damage or destroy evidence that may be necessary during
the investigation. In general, the following information should be gathered and provided in written
format using prepared Incident Report Form capturing the information captured in section L:
Incident Report.
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E. Determine the Root Cause
Conduct root-cause analysis of the incident and identify the sequence of events and factual
circumstances. The analysis should identify what failing(s) led to the accident, what safety
measures were in place, and the risk information/training provided to workers on site. The level
of supervision of unskilled labour should also be assessed.
Recommend actions to be taken to rectify the failure(s) that led to the incident.
Review the safety procedures at different sites and identify the health and safety
measures to be taken to minimize the risks of future accidents both to workers and to local
residents. Relevant site visits should be carried out to support the analysis. Health
and safety representatives of the Contractors and implementing agencies, as well as other
technical counterparts as necessary should be interviewed to gain a comprehensive understanding
about health and safety management.
Review the OHS measures in Safeguards instruments and plans in construction contracts
and recommend enhancements as needed. The assessment should identify what the
existing procedures for safe performance of construction activities (excavation, scaffolding,
working at heights, welding, etc.) are and should recommend appropriate procedures should the
existing ones have gaps.
Review the capacity of Contractors and supervision consultants to implement OHS
standards. The assessment should review the training plans for skilled and unskilled
labour for effectiveness and propose improvements to the training and communication
program so that workers are adequately guided to safely perform their work.
Review the existing arrangements for recruiting labour and what type of insurance (life
or injuries and occupational health risks) and compensations are provided.
Review compliance to the Labour Law and other international treaties by Contractors or
Subcontractors.
Assess the sufficiency of the measures that the Contractors take to minimize risk on the local
communities and communicate with them. Recommend improvements as necessary.
58
a) Noise Hazards – Hearing protection will be worn by all personnel operating or working within the
vicinity of equipment emitting noise level; when noise is sufficient to interfere with general
conversation at a normal speaking volume; when noise levels exceed 85 dBA; and/or when PO-
RALG/TARURA requirements indicates that it’s usage is mandatory to use ear muffs;
b) Vibration - Exposure to hand-arm vibration from equipment such as hand and power tools,
should be controlled through choice of equipment, and limiting the duration of exposure.
Exposure levels should be checked on the basis of daily exposure time and data provided by
equipment manufacturers;
c) Electrical Hazards – Exposed or faulty electrical devices, such as circuit breakers, panels, cables,
cords and hand tools, can pose a serious risk to workers. Avoid operating electrical equipment in a
wet floor or environment. If equipment must be connected by splicing wires, all electrical work
must be performed by a licensed and competent electrician;
d) Vehicle Driving and Site Traffic: Poorly trained or inexperienced vehicle drivers have increased
risk of accident with other vehicles, pedestrians, and equipment. SMP delivery vehicles if not
managed well represent potential collision scenarios. The project will hire competent defensive
drivers with experience over 7 years, all vehicles shall be inspected for road worthiness by the
Head drivers at the GPE/PCU;
e) Ergonomic Hazards – Proper lifting techniques such as keeping the back straight and legs bent,
shall be utilized when lifting equipment or loading/offloading of the school meals from the trucks.
If the lifting cannot be lifted in this manner, if it is too heavy to lift alone. Call other personnel, or
use a mechanical device for lifting;
f) Hazard due to Working at Heights: Fall prevention and protection measures should be
implemented whenever a worker is exposed to the hazard of falling more than two meters;
when through an opening in a work surface. Fall prevention / protection measures may be
warranted on a case-specific basis when there are risks of falling from lesser heights.
g) Fire Hazards –the use of hand held drilling machine during construction may lead to electric short
circuit leading to potential fire hazard. All electrical works should be performed by trained and
qualified experts.
h) Protection against possible risks as provided in the Public Health Act and in tandem with the
OSH Act, 2003 and in view of COVID-19 related risk will be managed through:
Arrangements for ensuring safety and absence of risks to health in connection with the
use, handling, storage and transport of construction materials;
Ensuring that workers or suppliers participate in the application of Infection prevention
and control (IPC) safety and health measures / guidelines as advised by Ministry of
Health including availability of hand wash facilities, water and soap, alcohol-based hand
sanitizer;
Train all staff on the signs and symptoms of COVID-19, how it spreads, how to protect
themselves (respiratory hygiene, cough etiquette and hand hygiene ) and the need to be
tested if they have symptoms;
Provision of such information, instructions, training and supervision as is necessary to
ensure the safety and health at work of every worker or suppliers;
All workers and visitors accessing work sites every day or attending meetings shall be
subjected to rapid Covid-19 screening which may include temperature check and/or other
vital signs;
Any worker showing symptoms of respiratory illness (fever, cold or cough) and has
potentially been exposed to COVID-19 should be immediately removed from work and
tested for the virus at the nearest local hospital;
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Project management must identify the closest hospital that has testing facilities in place,
to refer workers/staff;
Persons under investigation for COVID-19 should not return to work at the project site
until cleared by test results. During this time, they should continue to be paid daily wages
If project workers live at home, any worker with a family member who has a confirmed
or suspected case of COVID-19 should be quarantined from the project site for 14 days,
and continued to be paid daily wages, even if they have no symptoms
Use existing grievance procedures to encourage reporting of co-workers if they show
outward symptoms, such as ongoing and severe coughing with fever, and do not
voluntarily submit to testing;
Mandatory provision and use of appropriate Personal Protective Equipment (PPE) shall
be required for all project personnel including workers and visitors;
Avoid concentration of more than 15 workers at one location. Where more than one
person are gathered, maintain social distancing of at least 2 meters;
Restriction of the number of people accessing the work areas;
Fumigation of offices, work areas and project vehicles delivering food to the schools;
Train cleaning staff in effective use of PPE, cleaning arrangement and procedures and
disposal of waste generated from the work site.
The project will also adhere to any other Government of Tanzania's guidelines on
COVID-19 as well as World Bank guidelines on Covid-19 measures.
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(v) Traffic Police................................................................
Potential emergencies
The following potential emergencies have been identified in hazard assessments:
(i) Occupational Health and safety related incidents like slips, falls from heights,
(ii) Fire emergency.
(iii) Road accidents project staff or contractors staff,
(iv) Security risks like banditry for food suppliers in the arid and semi-arid areas, and
(v) Improper food hygiene, contamination leading to food poisoning.
a) Type of trainings...........................................................................
b) How often are employees trained.................................................
b) .......................................................................
Location:........................................................................................
Communications
We will communicate our emergency plans to employees in the following way:
a) Code of conduct
b) Employment contract commitment,
c) Tool Box Talks
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d) Official Notice boards
e) Brochures
In the event of fatality or a disaster, we will communicate in the following way with the PO-
RALG/TARURA and World Bank:
Official letter in the contractors headed paper to PO-RALG/TARURA, who will transmit the
information to the World Bank within 24 hours of the incident.
Review Plan
This Emergency Response Plan will be reviewed and updated on quarterly basis and or as need
arises i.e. change of the critical personnel
Classification of Accident
Indicative........................ Sever............................. Fatality..............................
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Date and Time of Accident:
Investigation
Name……………………………..Position………………………………………….Sign…………
Name…………………………….Position…………………………………………..Sign………...
Name……………………………..Position………………………………………….Sign…………
Complete accident investigation questionnaire and attach copies to Incident Investigation Form.
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Date……………….No……………Section……………………………..
1) Root causes:………………...…………………………………………………………………
2) Preventive Action taken:……………………………………………………………………….
3) Further Recommendation Preventive actions:………………………………………………
Signature…………………………………………….Date………………………………
Signature……………………………………………. Date…………………………………………….
L. Incident Report
The Incident Report should be 1 – 2 pages and include, at a minimum, the following information:
Country, Name of Project, Project Number, Name of TTL and E&S specialists assigned to the
team
Preliminary classification of the incident
What was the incident? What happened? To what or to whom?
Where and when did the incident occur?
When and how did we find out about it?
Are the basic facts of the incident clear and uncontested, or are there conflicting versions?
What are those versions?
What were the conditions or circumstances under which the incident occurred (if known at
this stage?
Is the incident still ongoing or is it contained?
Is loss of life or severe harm involved?
Is the Borrower aware of the incident? What is their response to date?
What measures have been or are being implemented by the Borrower/Contractor?
NB: Classifying the incident will guide decisions as to who in the Bank should be informed, and what
resources are needed to understand the incident and support the Borrower in addressing the underlying
cause(s). Classification must be done as rapidly as possible, so that the Bank is able to respond to the
incident within a reasonable time-frame. The incident should be classified within 24 hours of receipt of
the information, within 24 hours will be preferable if possible. If it cannot be fully classified due to
missing information, then a preliminary classification should be provided and confirmed as details
become available. The classification is based on several factors, including the nature and scope of the
incident, as well as the urgency in which a response may be required. There are three levels of
classification: Indicative, Serious and Severe.
Indicative – Relatively minor and small-scale localized incident that negatively impacts a small
geographical areas or small number of people.
Serious -- An incident that caused or may potentially cause significant harm to the environment, workers,
communities, or natural or cultural resources.
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Severe -- Any fatality or incidents that caused or may cause great harm to the environment, workers,
communities, or natural or cultural resources.
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ANNEX 8: Complaints Reporting Template
Date and Complaint Officer/ Nature of Type of cause Remedy Corrective/ Feedback
complaint e.g. non department complaint/ – granted preventive given to
from issuance complained service physical (e.g. action to complainant
of ID against issue, e.g. system be taken
delay failure),
human (e.g.
inefficient
officers,
slow,
unresponsive)
or
organization
(e.g.
policies,
procedures,
regulations)
1) Complainant’s Details
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Email _______________________________________________________________________
County ______________________________________________________________________
Age (in years): ________________________________________________________________
YES...........NO.................
Please give a brief summary of your complaint and attach all supporting documents [Note to
indicate all the particulars of what happened, where it happened, when it happened and by
whom]
__________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Signature: _____________________
Date: _____________________________________
Municipality/City Project
Construction of Bus Terminal at Bondeni City Area in Muriet Ward
Improvement of existing Central Bus Stand and Drainage at Themi Living Garden
Redevelopment of Kilombero Market
Arusha
Upgrading to asphalt concrete of 2.7km road to connect the proposed Bondeni City Bus
Terminal
Upgrading to asphalt concrete of 4.8 km at Engosheraton road
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Upgrading to asphalt concrete of 4.8 km of Kibo road
Upgrading to asphalt concrete of 4.0 km of Olasiti road
Construction of storm water drains (Bangwe, Burega, Rutale, and extension of Mlole and
Katonyanga drains)2
Extension of Wafipa – Kagera road (1.3km) and provision of bridge on Luiche River and
Kigoma
access road (1km) on other side of the river
Upgrading of Old Kasulu road (6.5km)
Upgrading of Bangwe-Burega-Ujiji Road (7.5km)
Construction of Local Markets at Mkonze and Miyuji Communities
Major improvement/Redevelopment of existing Sabasaba CBD Market,
Improvement of existing Majengo Market (within the City Centre)
Construction of mini-bus stands at Sabasaba, Michese, Chang'ombe, Mkonze, Nzuguni and
Kizota Communities
Construction of gender sensitive features (Footbridges) at Ntyuka, Chaduru and Maili Mbili
Dodoma Communities
Construction of 10.0km Nzuguni-Tambuka Reli Road
Construction of 8.0 km Road
Upgrading of 3.5Km Roads
Extension of Ilazo/Ipagala storm water drainage
Construction of Warehouse and Building for Accommodation and other Services at Nala
Lorry Park
Construction of Bus Terminal and Connecting Roads
Tabora Redevelopment of existing Tabora CBD Market
Construction of urban roads (6km)
Mkuyuni Fish Market
Rehabilitation of Mirongo River (to mitigate flooding in the downstream)3
Mwanza
Construction of Igoma-Buhongwa Road 14km, part of the ring road that is economically
critical for Mwanza
Kirumba Central Market, surrounding access roads (2.3km),
Ilemela Buswelu - Busenga - Coca Cola road 3.3 km,
Buswelu-Nyamadoke -Nyamhongolo Road (9.5km)
Mkolani-Mwatulole Road (5.9 km)
Nyankumbu to Kivukoni Secondary school Road (3.9 km)
Geita
6km of access roads and drainage for SMEs Industrial area,
Construction of Magogo Bus Terminal
Zongomela industrial area upgrading (12.6 km of roads, minibus stand, and commercial area)
Improvement of 7km roads at Kahama Central Business District (CBD)
Kahama Construction of Bus Terminal at Mbula
Construction of 3km Storm Water Drainage
Upgrading of Sango Market
Construction of 5km Storm water drainage system in Flood prone Areas
Morogoro
Construction of New Roads 10km to Asphalt Concrete Standard in Morogoro Municipality
Construction of Manzese ’A’ Modern Market and 3km access road
Songea
Roads in CBD (7.5 km)
Proposed development of Industrial area and associated infrastructures/facilities at Kanondo
Sumbawanga
Industrial area
2
See details in Annex 5.3
3
See details in Annex 5.3
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Proposed Construction of 11Kms of Sumbawanga Municipal roads
Ilomba Machinjioni road (3.8 km)
Tanesco Sae Kisanji -Uwata (1.3 km)
Rejico – Nonde- Mbalizi Rd (1.7 km)
Airport - Samora - Tanesco Sae Kisanji, and Kabwe Block T Sido (3.2 km)
Block T - Kiwira - Makungulu. and Juhudi Road (3.3 km)
Iziwa Road (4 km)
Kihumbe – BOT (1.0 km)
Mbeya Uyole - Itezi (2.0 km)
Kalobe Road (2.6 Km)
Construction of Central Bus Terminal at Old Airport
Daladala Bus Stop at Old Airport
Improvement of Soweto Market
Construction of Grain and Fruit Market at Old Airport
Improvement of Sokomatola Market
Improvement and extension of drainage system at Nzovwe,Ilolo, Isyesye/Ilemi,and Iyela.
B: TIER 2 LGAs
LGAs Name of Subproject
Babati TC Construction of Babati Bus Terminal
Upgrading of Town Roads 10.2 km to Bitumen standard
Construction 5 kilometres of drainage system (stand-alone drain)
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LGAs Name of Subproject
Upgrading of road to asphalt concrete standard from Magogo VTC-NHC-Waja girls
3.2km
Upgrading of road to asphalt standard from Nyankumbu to kivukoni Secondary school
3.9 km
Upgrading of road to asphalt concrete standard from Mkolani to Mwatulole 5.9km
Iringa MC Rehabilitation of Urban roads In Iringa Town (12 km) to Bitumen Standard
Construction of Kihesa Modern Market.
construction of controlled dumpsite at Mkoga
Kibaha TC Upgrading of Visiga - Zegereni road 12.5km to asphalt concrete road at Kibaha Town.
construction of modern dump site at MISUGUSUGU
Construction of Mwanalugali Market.
Morogoro MC Construction of 10km Storm water drainage system in Flood prone Areas
Construction of Commuter Bus Phase II and Lorry Parking in Morogoro Municipal
Council
Construction of New Roads 10km to Asphalt Concrete Standard in Morogoro Municipal
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LGAs Name of Subproject
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LGAs Name of Subproject
Upgrading of Municipal Roads 8 kilometers to Bitumen standard
Construction of stand-alone storm water drain of 1.4kilometers at Minga.
Purchase, installation and commissioning of streetlights for the Road of length of 9
kilometers within CBD area
Construction of modern Abattoir at Ng’aida
Mandewa Modern Market
Songea MC Construction Manzense ’A’ modern Market with its acces 3km roads around
Construction of controlled dumpsite
Upgrading of road to Asphalt concrete standard 12km from Majengo to Subira
Purchase of Abbatoir equipment
Construction of Milling and Agro-processing Cluster
Sumbawanga MC Proposed Construction of Crop produce Market (Rukwa International Crop Market) at
Kanondo Industrial area
Proposed Construction of 11 Kms of Sumbawanga Municipal Urban roads to bitumen
standard (Asphalt concrete)
Construction of controlled dumpsite at Mbalika area
Proposed Construction of community Economic Empowerment Centre.
Community Agribusiness incubator center.
Tabora MC Construction of Modern Terminal/Bus stand
Construction of Slaughterhouse
Construction of Market
Construction of a controlled dumpsite
Kahama TC Improvement of roads at Zongomela Industrial Park
Improvement of roads at Kahama Central Business District (CBD)
Construction of Bus Terminal at Mbula and Upgrading of Sango Market
Construction of Busoka controlled dumpsite
Construction of Storm Water Drainage
Construction of Slaughterhouse at Busoka
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