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

Occupational Health Services Convention, 1985 (No. 161) - Zimbabwe (Ratification: 2003)

1. The Committee notes the information contained in the Government’s first report and the attached legislation. With reference to the observations submitted by the International Confederation of Free Trade Unions (ICFTU) and the Zimbabwe Congress of Trade Unions (ZCTU) and the Government’s reply thereto, the Committee refers to its observation this year under the Occupational Safety and Health Convention, 1981 (No. 155).

2. As further detailed in the following, the Committee notes that the relevant legislation does not seem to contain provisions giving effect or full effect to some of the provisions of the Convention. The Government is requested to submit further information and clarifications as to whether, and in what way, effect has been given, or is envisaged to be given, in law and in practice, to the following provisions of the Convention:

–      Article 3. Occupational heath services;

–      Article 7. Organization of occupational health services;

–      Article 9. Operation of occupational health services;

–      Article 10. Full professional independence of occupational health services;

–      Article 11. Qualifications of personnel providing occupational health services;

–      Article 12. Surveillance of workers’ health in relation to work and the manner in which it is ensured that it takes place as far as possible during working hours;

–      Article 13. Information of health hazards involved in the work in other industries than mining and whether employers, in practice, provide the instruction and training called for under this Article of the Convention; and

–      Article 15. Information of occurrences of ill health among workers and absence from work for health reasons.

3. The Government is also requested to provide further information on the application of relevant legislation in practice in application of the following provisions of the Convention:

–      Article 2. The formulation, implementation and periodical review of a national policy and to submit a copy of the national policy;

–      Article 5. The functions of occupational health services and to provide detailed information on the manner in which the functions of the occupational health services are determined in relation to the risks of the undertaking and to specify to what extent the functions enumerated in this Article are carried out; and

–      Article 8. Implementation of the organizational and other measures relating to occupational health services.

4. Part VI of the report form. Labour inspections and statistical information. The Committee notes the Government’s statement that continuous improvement is being made to the existing laws in order to minimize fragmentation and enhance operationalization. The Committee requests the Government to provide information on the manner in which this Convention is applied in practice and to supply extracts of 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, etc.