Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Further to its observation, the Committee notes the information provided regarding effect given to Articles 5(e), 10 and 21 of the Convention and requests the Government to provide additional information on the following points.

Article 4 of the Convention. National policy on occupational safety and health. The Committee notes the information regarding the adoption of a national policy on occupational safety and health (OSH) initially adopted in 1993 following the relaunch of the tripartite Zimbabwe Occupational Safety and Health Council (ZOSHC) and the establishment of the National Social Security Authority (NSSA) with the responsibility to administer both OSH and social security. It also notes the information that this national OSH policy is reviewed every five years, that the most recent policy covers the period 2006–10, and that this national policy is currently under review. The Committee requests the Government to continue to provide information on the development of its national OSH policy in tripartite consultation, including on the methodology used in the review process and how it builds on experiences gained and takes into account scientific and developmental progress. It also requests the Government to submit a copy of the new OSH policy for 2011–16 as soon as it has been adopted.

Article 5(b). Implementation of provisions dealing with the relationship between the material elements of work and the person. In response to its previous comments, the Committee notes the Government’s reference to the third schedule of SI 68, paragraph 1(a)–(f), on the duties of employers regarding OSH measures, and to the Factories and Works (Registration and Control of Factories) Regulations No. 262 of 1976, section 11. With reference to the General Survey of 2009 on occupational safety and health, paragraph 68, the Committee wishes to underscore that this provision refers to the need to ensure that machinery, equipment, working time arrangements, organization of work, and work processes are adapted to the physical and mental capacities of the workers and that this adaptation is an important element of prevention of occupational accidents and diseases, including, in particular, musculoskeletal diseases. The Committee requests the Government to provide more detailed information on how effect is given to this Article in practice.

Article 8. Measures to give effect to the national policy on OSH. While the Committee is aware that a new OSH law and a new OSH policy is being prepared, it notes with interest that the promotion and implementation, in cooperation with the social partners, of OSH management systems in all sectors of the economy is a key element of the current national OSH strategy 2006–10 and that promotional and advocacy programmes are carried out at national and workplace levels with the objective that 10 per cent of the targeted workplaces should have established such OSH management systems. The Committee notes that this paves the way for a ratification of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), as reflected in the ILO Plan of Action (2010–16) to achieve widespread ratification of Convention No. 155, its 2002 Protocol and Convention No. 187 (see www.ilo.org/wcmsp5/groups/public/---ed_norm/---normes/documents/genericdocument/wcms_125616.pdf), Convention No. 187 usefully complements Convention No. 155. The Committee requests the Government to transmit a copy of the new legislation once it has been adopted and to provide further information on progress made in its implementation.

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 that, in response to the Committee’s previous comment, the Government refers to the third schedule of the National Social Security Authority (Accident Prevention and Worker’s Compensation Scheme) Notice, 1990, SI 68, section 1. The Committee notes that while the referenced legislation places an obligation on employers to ensure the application of prescribed rules and regulations in the specific areas at issue, it does not appear to impose a general duty on employers to ensure that, so far as is reasonably practicable, the workplaces, machinery, equipment and processes under their control are safe and without risk. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give full effect to this provision of the Convention.

Article 18. Specific provisions containing measures to deal with emergencies and accidents, including adequate first-aid arrangements. The Committee notes that in response to its previous comment the Government refers to the Factories and Works (Registration and Control of Factories) Regulations No. 262 of 1976, section 13, and the Factories and Works (General) Regulations No. 263 of 1976, sections 10, 13 and 14, which include specific provisions for first aid and certain emergencies such as flooding, exposure to dangerous substances and processes, as well as fire. The Committee notes, however, that the referenced legislation, including the third schedule of SI 68, paragraph 1, does not prescribe a general duty for employers to take measures to deal with other emergencies and accidents. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give full effect to this Article of the Convention.

Article 19(c)–(e). Measures to ensure workers’ participation. The Committee notes that the Government, in its response to the Committee’s comment, refers to the third schedule of SI 68, in particular
subparagraphs (m)–(o). These provisions regulate, inter alia, that workers should be provided with instructions and training and that they should be provided with relevant information, instruction and supervision on OSH matters. The Committee notes, however, that the referenced legislation does not regulate the corresponding rights of the workers’ representatives as provided in Article 19(c)–(d), nor the right, in accordance with Article 19(e), for workers and their representatives and, as the case may be, their representative organizations, to enquire into, and be consulted by, the employer on all aspects of OSH and to bring in technical advisers from outside the undertaking for that purpose. The Committee requests the Government to provide additional information on measures taken, in law and in practice, to give full effect to subparagraphs (c)–(e) of Article 19.

With reference to its previous comments, and noting that the Government’s report is silent in these respects, the Committee reiterates its request to the Government to provide additional information on how effect is given, in law and in practice, to the following Articles of the Convention:

–           Article 11(a)–(f). Progressive carrying out of functions 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. Protection of workers removed from situations presenting imminent and serious danger;

–           Article 15. Measures to ensure coordination between various authorities and bodies;

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

–           Article 19(f). Handling of imminent and serious danger at the workplace.