Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Article 2 of the Convention. Formulation, implementation and periodical review of a national policy. The Committee notes that according to the Government, the national policy on occupational safety and health (OSH), which will cover occupational health services, is in the final stages of formulation and consultation by the tripartite Zimbabwe Occupational Safety and Health Committee (ZOSHC) and should be launched and disseminated by the end of 2014. The Committee requests the Government to submit a copy of the National Policy on OSH once adopted and provide further information on any measures taken or envisaged to ensure its implementation and periodical review.

Article 3. Occupational health services. The Committee notes the Government’s indication that the new OSH Act, which will give wider coverage to occupational health services, is still in progress and, once adopted, will be implemented through the National Social Security Authority (NSSA) and through the ZOSHC. The Committee hopes that the new OSH Act will give full effect to this Article of the Convention, and requests the Government to submit a copy of it once adopted. It also requests the Government to provide information on the measures taken in practice to implement this Article of the Convention.

Article 5. Functions of occupational health services. The Committee notes that the Government refers to specific provisions of the Factories and Works Act (Chapter 14:08), the third schedule of the National Social Security Authority (Accident Prevention and Workers’ Compensation Scheme) Notice, SI 68 of 1990 (hereinafter “SI 68”) and the Pneumoconiosis Act (Chapter 15:08) as giving effect to the functions listed in this Article of the Convention. However, the Committee notes that the legislation referenced is mostly relevant to the obligations of employers and workers and does not specifically provide for the functions of occupational health services as enumerated in this Article. The Committee therefore requests the Government to provide further information on the measures taken or envisaged, in law and in practice, to ensure the effective delivery of occupational health services in all undertakings.

Articles 7 and 9. Organization and operation of occupational health services. The Committee notes the Government’s indication that occupational health services will be more effective once the new OSH Act is adopted and that, in the meantime, the NSSA has established a screening centre for noise induced hearing loss in order to assist establishments whose workers are affected by hazardous noise exposure. The Committee once again hopes that the new OSH Act will prescribe measures to give full effect to these Articles of the Convention. It also requests the Government to continue to provide information on the measures taken in practice to give effect to these provisions of the Convention.

Article 8. Implementation of organizational and other measures relating to occupational health services. The Committee notes the Government’s indication that the ZOSHC ensures the participation of Government, Employer and Worker representatives in the organization of occupational health services and that, under section 1(q) of SI 68, workplaces must establish safety and health committees comprised of worker and management representatives. However, it reminds the Government that the cooperation provided for in this Article of the Convention must be at the level of the undertaking and be relevant to the implementation and organization of occupational health services. The Committee requests the Government to provide further information on how effect is given, in law and in practice, to this Article of the Convention.

Article 10. Full professional independence of occupational health services. The Committee notes that while the Government states that the Health Professions Act provides for professional independence and impartiality when discharging occupational health services, no further information is provided on the effect given to this Article. The Committee requests the Government to indicate how effect is given, in law and in practice, to this Article of the Convention, including specific references to relevant legislation.

Article 11. Qualifications of personnel providing occupational health services. The Committee notes that the Government lists the different types of professions relevant to occupational health services and that these professionals collaborate to provide such services when the workplace setting requires it. It also notes the indication that the new OSH policy will provide for the training and capacity building in OSH. The Government adds that the personnel providing occupational health services is required to have a minimum certificate level of qualification, over and above their basic qualification. The Committee requests the Government to provide information on the provisions of the legislation and other measures which give effect to this Article of the Convention.

Article 15. Information of occurrences of ill health among workers and absence from work for health reasons. The Committee notes that the legislation referenced by the Government provides for the notification of competent authorities by employers in the event of ill health among workers. It notes, however, that the Government does not indicate how effect is given to the requirement that occupational health services be informed of occurrences of ill health among workers, and absence of work for health reasons. The Committee once again requests the Government to provide information on the measures taken to give effect to this Article of the Convention.