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

Asbestos Convention, 1986 (No. 162) - Zimbabwe (Ratification: 2003)

Legislative developments. The Committee notes the Government’s indication that it envisages the adoption of legislation on occupational safety and health (OSH) and of regulations on asbestos which will give wider coverage to the control of occupational exposure to chrysotile asbestos. In this process, the Committee encourages the Government to consider extending the scope of application of the new legislation to all forms of asbestos, as provided under Article 2(e) of the Convention. In addition, with reference to its previous comments, it requests the Government to provide detailed information on the measures undertaken or envisaged in the context of the legislative reform to give full effect to: Article 14 (labelling of asbestos and products containing asbestos); Article 15(4) (provision of adequate respiratory protective equipment by the employer); Article 17 (demolition of plants and structures containing asbestos); and Article 20(4) (workers’ and their representatives’ right to request to appeal to the competent authority concerning the results of the monitoring of the working environment).

Article 6(2) and (3) of the Convention. Cooperation between employers and preparation of procedures for dealing with emergency situations. The Committee notes that the National Social Security Authority (NSSA) carries out promotional activities for the establishment of emergency preparedness programmes and conducts industrial assessments on this subject in all major sectors of the economy. It also notes that companies with functional OSH systems including an emergency preparedness programme receive an award during the annual tripartite OSH Conference. While noting the efforts made by the Government to promote the preparation of emergency procedures, the Committee would like to recall that under Article 6(3) of the Convention, the elaboration of such procedures is a requirement for all employers engaged in activities involving a risk of exposure to asbestos. The Committee therefore asks the Government to indicate the measures, other than promotional, which fully give effect to this Article. The Committee once again requests the Government to indicate how it ensures that employers undertaking activities simultaneously at one workplace cooperate in order to comply with health and safety measures, as prescribed by Article 6(2) of the Convention.

Article 15. Exposure limits. Recalling that the occupational exposure limit for chrysotile is currently fixed at 0.5f/ml, the Committee notes that this limit was supposed to be reviewed in 2014 with a view to lowering it at 0.1f/ml. The Committee requests the Government to provide information on any progress made in this respect, due consideration being given to technological progress and advances in technological and scientific knowledge, including the latest recommendations issued by the International Agency for Research on Cancer (IARC).

Article 19. Employers’ responsibility for disposal of waste containing asbestos. Further to its previous comments, the Committee notes the Government’s indication that employers are compelled to manage waste in accordance with the Environmental Management Act (Chapter 20:27), and its subsidiary regulations, especially Statutory Instrument No. 10 of 2007 on Hazardous Waste Management Regulations and Statutory Instrument No. 6 of 2007 on Environmental Management (Effluent and Solid Waste Disposal) Regulation. The Committee requests the Government to provide a copy of these texts. The Committee recalls that Article 19 emphasizes that the manner of disposing of waste containing asbestos shall not pose a health risk to the workers concerned. The Committee requests the Government to indicate the measures taken to ensure that employers fulfil this obligation to ensure that the workers involved in the disposal are not exposed to health risks.

Article 21. Medical examinations. The Committee notes that under Statutory Instrument No. 68 of 1990 and the Factories and Works (General) Regulations, Notice No. 263 of 1976, workers shall undergo a pre-employment medical examination wherever there is a potential risk of exposure to harmful substances. The Committee also notes the Government’s indication that companies dealing with chrysotile asbestos organize pre-employment, periodic and post-employment medical surveillance as well as medical examinations on request, during working hours and free of charge for employees. The Committee requests the Government to indicate the specific provisions under which undertakings dealing with chrysotile asbestos are required to conduct such medical examinations.

Application of the Convention in practice. Noting the Government’s indication that data broken down by sector is collected and published in a statistical report, the Committee asks the Government to supply a copy of the latest report, including information on the number of workers covered by the legislation, the number of occupational diseases reported as being caused by asbestos and the number and nature of contraventions reported. It also requests the Government to provide information on the manner in which the Convention is applied in practice, including any difficulties arising from its implementation.