Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Occupational Safety and Health Convention, 1981 (No. 155) - Zimbabwe (Ratification: 2003)

1. Further to its observation, the Committee requests the Government to provide additional information on the following points.

2. Article 4, read in conjunction with Articles 6 and 7 of the Convention. Formulation, implementation and periodical review of a coherent national policy on occupational safety and health (OSH). The Committee notes the Government’s statement that a national policy has been developed by the Zimbabwe Occupational Health and Safety Council (ZOHSC), the main thrust of which is to prevent occupational injuries and diseases, and that any future review of this policy would also be carried out by this body. The Committee notes, however, that it is unclear when this policy was adopted. The Committee also notes the Government’s statement that the ZOHSC is a tripartite body which is also engaged in the implementation of the national OSH policy. The Committee requests the Government to clarify when the national policy was adopted, the periodical review foreseen for this policy, as well as further details concerning the function, composition and activities of the ZOHSC in relation to the practical implementation and review of the national policy in question.

3. Article 5, subparagraph (e). Protection of workers and their representatives from disciplinary measures. The Committee notes that the national policy referred to above does not include any reference to the need to protect workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the policy and that no further information is provided by the Government on this point. The Government is requested to indicate how effect is given, in law and in practice, to this Article of the Convention.

4. Article 8. Measures taken to give effect to a national coherent policy on occupational safety and health. The Committee notes the Government’s reference to promotional and advocacy programmes established at national and enterprise level and the ongoing efforts to promote and implement occupational safety and health management systems as a means to create and sustain a preventive safety and health culture. The Government is requested to submit further information on the promotional and advocacy programmes and their impact as well as on the efforts made to implement OSH management systems and the result thereof.

5. Article 16. Employers’ duty to ensure that the workplaces, machinery, equipment and processes under their control as well as the chemical, physical and biological substances and agents are safe and without risk to health. The Committee notes the Government’s references to the third schedule of the National Social Security Authority (Accident Prevention and Workers’ Compensation Scheme) Notice, 1990, SI 68 (SI 68) as well as to the Factories and Works Act, but also notes that the mentioned schedule and Act do not contain specific provisions dealing with the employers’ duties referred to in this Article of the Convention. The Government is requested to indicate measures taken, in law and in practice, to give effect to this Article.

6. Article 19, subparagraphs (c), (d) and (e). Measures to ensure that workers’ representatives are given adequate information and appropriate training and that they can have recourse to technical experts. The Committee notes the Government’s reference to the third schedule of SI 68 and points out that the indicated provisions do not contain any specific provisions dealing with measures ensuring that workers’ representatives are given adequate information and appropriate training in the matter of OSH and the possibility to bring in technical experts from the outside. The Committee requests the Government to provide additional information on measures taken, in law and in practice, to give effect to these subparagraphs of Article 19.

7. Article 19, subparagraph (f). Removal from work where there is an imminent and serious danger. The Committee notes the Government’s general reference to the third schedule of SI 68, and that the referenced schedule contains no provision giving effect to this subparagraph of Article 19 of the Convention. The Committee requests the Government to provide additional information on measures taken, in law and in practice, to give effect to these subparagraphs of Article 19.

8. Article 21. Ensuring that OSH measures do not involve any expenditure for the workers. The Committee notes the Government’s reference to the provisions of the third schedule of SI 68 and to section 8 of the Factories and Works (General) Regulations, 1976. It notes that the mentioned provisions lay down that protective clothing and appliances must be provided free of charge. The Committee also notes that in accordance with section 58 of SI 68 employers shall defray any expenses incurred by a worker as the result of accident arising out of, and in the course of, his/her employment, and that the national legislation, as available, does not contain any general requirement in this respect. The Government is requested to indicate measures ensuring that occupational safety and health measures will not involve any expenditure for the workers.

9. The Committee requests the Government to provide additional information on how effect is given, in law and in practice, to the following Articles of the Convention:

–           Article 5, subparagraph (b) – the implementation of provisions dealing with the relationship between the material elements of work and the persons;

–           Article 10 – measures to provide guidance to employers and workers so as to help them to comply with legal obligations;

–           Article 11, subparagraphs (a) to (f) – progressive carrying out of the functions enumerated in this Article to give effect to the national policy;

–           Article 12 – obligations for those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use;

–           Article 13 – workers’ right related to removal from a work situation which she/he has reasonable justification to believe presents an imminent and serious danger to her/his life or health;

–           Article 15 – measures to ensure the coordination between various authorities and bodies called upon to give effect to Parts II and III;

–           Article 17 – measures to ensure that two or more enterprises which engage in activities simultaneously at one workplace collaborate; and

–           Article 18 – specific provisions containing measures to deal with emergencies and accidents, including adequate first-aid arrangements.

10. Part V of the report form and Article 9, paragraph 1. Application in practice and labour inspection. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number nature and causes of the accidents reported, etc.