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

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

Legislation. The Committee notes the information from the Government indicating that no legislative changes have occurred since its last report and that the new Occupational Safety and Health (OSH) Act, in the objective of achieving greater compliance with the OSH Conventions ratified by Zimbabwe, is still under review by the Ministry of Labour and Social Service. In this context, the Committee once again hopes that the Government will take into account the comments that it has made on the application of the present Convention, as well as the other OSH Conventions ratified by Zimbabwe. The Committee requests the Government to provide information on the developments in this regard and to transmit copy of any new legislation once it has been adopted.

Article 4 of the Convention. National policy on occupational safety and health. The Committee notes the Government’s indication that the new national policy on OSH is in the final stages of formulation and that the development and tripartite consultation processes should be finalized by the end of 2014. The Committee requests the Government to provide further information on the development of the national OSH policy, including on the measures taken or envisaged to implement and periodically review the policy, and on the most representative organizations of employers and workers consulted and the results of these consultations. Please provide a copy of the new OSH policy once it is adopted.

Article 9(2). Adequate penalties for violations. The Committee notes the Government’s indication that there has been no change in the penalties imposed for violations of the laws and regulations, as the new OSH Act is still under review. It also notes that prohibition notices which stop workplace activities can be issued by the National Social Security Authority (NSSA) and other statutory bodies, namely the mining inspectorate, if an inspector considers that the working conditions pose a serious and immediate danger to the workers concerned. The Committee requests the Government to provide information on the measures taken in law and in practice to ensure that adequate penalties apply for breaches of national OSH legislation and the follow-up thereto.

Article 11(a), (c) and (e). Progressive carrying out of functions to give effect to the national policy. The Committee notes that while the Government indicates that the NSSA is responsible for the carrying out of the functions enumerated in this Article of the Convention, namely through Part IV of the Factories and Works Act, 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 Factories and Works (General) Regulation No. 263 of 1976 (hereinafter “Regulation No. 263”), the referenced legislation only gives partial effect to this Article. The Committee requests the Government to provide more detailed information on how effect is given to this Article in law and in practice.

Article 13. Protection of workers removed from situations presenting imminent and serious danger. The Committee notes that section 26 of the Factories and Works Act provides for the protection of workers who have given inspectors information, namely with regard to safety at the workplace. It also notes the Government’s indication that the draft OSH policy will provide workers with the right to refuse to undertake any work that has not been rendered safe and that more specific provisions will be included in the new OSH Act. The Committee requests the Government to provide further information on the measures undertaken in the forthcoming OSH policy and legislation to give full effect to this Article of the Convention.

Article 15. Measures to ensure coordination between various authorities. The Committee notes the Government’s indication that coordination between various authorities and bodies is ensured through the tripartite Zimbabwe OSH Council (ZOSHC). The Committee requests the Government to provide detailed information on the work of the ZOSHC and on the measures taken to ensure coordination between OSH-related bodies and authorities (for example the labour inspectorate and occupational health services).

Article 16. Duties of the employer to ensure safety at the level of the undertaking. The Committee notes the Government’s indication that in addition to SI 68, the Factories and Works Act and Regulation No. 263 state the various duties imposed upon employers. However, the Committee notes that the referenced legislation 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 once again 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 17. Cooperation between two or more undertakings engaged in activities simultaneously at one workplace. The Committee notes the Government’s indication that despite the absence of legislative provisions on this issue, the NSSA conducts promotional programmes and activities to ensure that when two or more employers conduct activities at one workplace, they have the responsibility to ensure that workers are protected against occupational hazards arising from their activities. The Committee requests the Government to provide further information on the measures taken or envisaged, in law and in practice, to give full effect to this Article of the Convention.

Article 18. Measures to deal with emergencies and accidents, including first-aid arrangements. The Committee notes that in response to its previous comment, the Government refers to the Factories and Works Act which provides that employers must keep a register of accidents and notify the competent authorities. The Committee also notes the indication that the NSSA promotes OSH management systems ensuring that emergency preparedness is incorporated into OSH programmes, and that the new OSH Act will impose further obligations on employers regarding the implementation of arrangements to deal with workplace emergencies. The Committee requests the Government to provide further information on the measures undertaken in the forthcoming OSH legislation to give full effect to this Article of the Convention.

Article 19(c)–(f). Measures to ensure workers’ participation. The Committee notes the Government’s indications that worker representatives have the right to receive instructions and training on the measures and procedures to be taken for protection against any risks to safety or health, as provided for in sections 1(m)–(o) of SI 68, but that the new OSH Act and subsequent regulations will incorporate such provisions necessary to strengthen the rights of worker representatives and comply with this Article of the Convention. The Committee requests the Government to provide further information on the measures undertaken in the forthcoming OSH legislation, and any measures taken or envisaged in practice, to ensure that workers and their representatives are afforded the rights and responsibilities provided for in this Article of the Convention.

Application of the Convention in practice. The Committee welcomes the detailed statistical information on the number of occupational accidents, disaggregated by age, gender, sector of employment and the nature of the injuries sustained by workers, provided by the Government in its 2012 statistical report. More specifically, the Committee notes that out of the 4,677 accidents recorded in 2012, the highest injury rate was among male workers under 15 years of age, with a total of 166 injuries for 1,321 insured workers. It also notes that the number of fatal occupational accidents has steadily increased over the years, from 48 in 2008 to 91 in 2012. Furthermore, the Committee notes the Government’s indication that the recording and notification system in Zimbabwe is administered by the NSSA, to whom employers have a duty to report and notify all occupational accidents (section 48 of SI 68). The statistics compiled by the NSSA are sourced from the workers’ compensation system and, according to the 2012 report, exclude occupational injuries suffered by self-employed workers, not covered by the scheme, and injuries which did not occur at the workplace or which were not acknowledged as work-related injuries. The Committee also notes from the 2012 statistical report that the number of factory inspections increased between 2011 (1,748) and 2012 (4,285), while the number of construction site inspections increased from 51 in 2011 to 57 in 2012. The Committee requests the Government to continue to provide detailed information on the application in practice the Convention.