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

Safety and Health in Mines Convention, 1995 (No. 176) - Zimbabwe (Ratification: 2003)

The Committee notes the information provided regarding effect given to the definitions in Article 1 of the Convention.

Article 3 of the Convention. National policy to be formulated, implemented and periodically reviewed. The Committee notes that the Zimbabwe national policy on occupational safety and health (OSH), which covers all branches of economic activity including mining and was originally formulated in 1993 and revised in 2006, is currently under review again. In the context of its comments on the application of the Occupational Safety and Health Convention, 1981 (No. 155), the Committee has requested the Government to submit a copy of this policy once it has been adopted. The Committee requests the Government to provide further information on measures taken to ensure the implementation of the relevant national policy in law and in practice.

Article 5. Regulation and monitoring of various aspects of safety and health in mines. The Committee notes the information that the competent authority on OSH in mines is the Chief Mining Engineer but that the Ministry of Mines and Mining Development also enforces safety and health laws in the mining sector. The Committee also notes that the National Social Security Authority enforces the Pneumoconiosis Act, Chapter 15:08 and through its safety and health inspectorate inspects various activities in mines. However, the Committee also notes the absence of any detailed information on the effect given to Article 5(2) of the Convention. The Committee requests the Government to provide detailed information on the respective competencies of these authorities as regards the monitoring of relevant regulations on safety and health in mines. The Government is also requested to provide further information on measures taken, in law and in practice, to give effect to Article 5(2), particularly with regard to first aid and medical facilities; storage; transportation and disposal of hazardous substances; sanitary and welfare facilities; reporting of occupational diseases; and the requirement to develop and review workplans.

Article 7. Responsibilities of employers on measures taken to eliminate or minimize risks to safety and health. The Committee notes the reference made to the National Social Security Authority (Accident and Prevention and Workers’ Compensation Scheme) notice, Statutory Instrument 68 of 1990 (SI 68), third schedule, section 1, which prescribes that the duties of the employers include to ensure that adequate measures are taken to protect the safety and health of workers and that these provisions apply to all economic sectors. The Committee notes, however, that the mine-specific legislation i.e. the Mines and Minerals Act and SI 109 referred to, does not expressly impose these obligations on the employer. It also notes, however, that SI109 provides that a manager shall be appointed for every mine, with the responsibility for taking all reasonable measures to provide for the safety and proper discipline of persons employed at the mine. The Committee requests the Government to clarify the effect given to this Article of the Convention including, in particular, the respective legal responsibilities of employers engaged in mining activities and the managers of mines appointed in application of SI 109.

Article 10. Employers’ obligations to provide workers with training and comprehensible instruction. The Committee notes that according to SI 68, third schedule, paragraph 1, employers are responsible for providing workers with instructions and training on OSH. The Committee notes, however, that SI 109 does not regulate the provision of OSH instructions and training of workers. It also notes the other provisions of this Article, such as carrying out adequate control and supervision, setting up a register of the names of workers and the investigation of accidents and dangerous occurrences, are under the responsibility of the managers of mines. The Committee requests the Government to provide further clarification on the responsibilities of employers in this respect, and to give additional information on measures taken to give full effect to this Article in law and in practice.

Articles 13 and 14. Rights and duties of workers and their representatives. The Committee notes that the Government states that the rights and duties of workers are not quite explicit in the existing legislations. It also notes that the Government indicates that it has been making efforts to ensure that the rights of workers on OSH should be more pronounced in the envisaged new OSH legislation. The Committee asks the Government to ensure the application of the provisions of these Articles in the envisaged OSH legislation.

Article 15. Cooperation between employers and workers and their representatives. The Committee notes that, according to the Government, the establishment of safety and health committees and the appointment of safety and health representatives provided for in SI 68, third schedule, section 1, is one of the responsibilities of employers. Referring to its comment under Article 7 above, the Committee requests the Government to further clarify the employers’ responsibility in this regard in mines.

Part V of the report form. Application in practice. The Committee notes that the Government omitted to provide the information requested regarding the application of the Convention in practice. With reference also to its comments this year regarding the application of the Occupational Safety and Health Convention, 1981 (No. 155), the Committee reiterates its request to the Government to provide a general appreciation of the application of the Convention, including the previously requested details.