Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Zambia (Ratification: 1980)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 148 (working environment, air pollution, noise, vibration) and 176 (safety and health in mines) together.

1. Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 8 of the Convention. Exposure to hazards related to air pollution, noise and vibration. In reply to its previous comment regarding the adoption of regulations on noise and hazardous substances, the Committee notes the Government’s indication that those regulations have not yet been finalized. The Government also indicates that, in accordance with to the Environmental Management Act 2011, the Environmental Management Agency shall establish quality and pollution control standards. The Committee recalls that, in accordance with to Article 8, the competent authorities shall establish criteria for determining the hazards of exposure to air pollution and vibration and also specify exposure limits for these hazards. Noting that the adoption of the proposed regulations has been pending for many years, the Committee requests the Government to provide detailed information on the steps taken to move forward with their endorsement and the obstacles encountered in the process. The Committee also requests the Government to communicate a copy of these texts once they have been adopted.

Article 15. Appointment of a competent person or use of a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. In reply to its previous comment, the Committee notes the Government’s indication that a competent service to deal with matters relating to the prevention of air pollution is still being developed. The Committee requests the Government to provide detailed information on the progress made in the establishment of such competent service. It also requests the Government to indicate how employers deal in practice with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment in the absence of a dedicated service.

Application in practice. Noting once again the absence of information on this point, the Committee requests the Government to provide a comprehensive account of the manner in which the Convention is applied in practice, including the number and nature of the contraventions reported and the number and nature of work-related accidents and cases of occupational disease reported caused by exposure to air pollution, noise or vibration.

2. Safety and Health in Mines Convention, 1995 (No. 176)

Article 4 of the Convention. National laws and regulations. In reply to its previous comment, the Government indicates that the Mines and Minerals Development Act of 2015 and the Mining Regulations are the primary instruments that ensure the application of the Convention. The Committee also notes the Government’s indication that the Mines and Minerals Development Act of 2015 is currently under review and that the Mining Regulations will be amended after the review of the primary Act had been concluded. The Committee requests the Government to provide information on developments relating to the adoption of the revised Mines and Minerals Development Act and Mining Regulations. The Committee also requests the Government to communicate a copy of these texts (the Act and the Regulations) once they have been revised and adopted.

Article 5(5). Plans of workings. The Committee previously noted that, pursuant to section 501(2) of the Mining Regulations, where the average number of persons employed in the mine is fewer than 100, managers may request the Chief Inspector for a total or partial exemption from the duty to ensure that mine plans are prepared and kept at the mine. The Committee notes the Government’s indication that all exemptions issuable under Mining Regulations must be consistent with the spirit of section 2102 of the Mining Regulations. This section provides that, when the circumstances at any mine are such as to render any provision of the Regulations inapplicable or unduly onerous to such mine, or whenever it is necessary for the purpose of carrying out experiments or tests as to the expediency for any regulation or proposed regulation, the Chief Inspector may grant written exemption from such conditions as he may determine. The Committee notes the Government’s indication that in practice no such situations have arisen and thus no exemptions have been granted pursuant to section 501 of the Regulations. The Committee notes once again that Article 5(5) does not provide for any exception from the duty of the employer in charge of the mine to ensure that appropriate plans of workings are kept available at the mine site. The Committee therefore requests the Government to adopt the necessary measures to give full effect to Article 5(5) in the context of the review process of the Mining Regulations. The Committee also requests the Government to continue providing information on any exemptions, full or partial, granted under section 501 of the Regulations.

Article 7(a). Communication system. The Committee notes the Government’s indication that Parts II, X, XIV and XIX of the Mining Regulations establish the requirements for mine machinery management and that in particular sections 1433-1441 of the Regulations refer to communication requirements for underground mines. The Committee notes that those sections refer to a locked-bell system which is a signalling method of communication that provides for the signal to be sent to a winding engine driver and which cannot be operated unless a special key, known as the key to the locked-bell, remains inserted in the system switch in use at the time. The Committee requests the Government to provide additional information on the operation of the system of communication in mines, and on the measures adopted to ensure that such communication system provides for conditions of safe operation.

Article 7(b). Commissioning and decommissioning of the mine. The Committee notes that, in reply to its previous comment, the Government refers to section 201 of the Mining Regulations, which provides that any mine holder shall give written notice to the Chief Inspector within three days from the commencing, recommencing, or abandoning of work. The Committee also notes the Government’s indication that workplaces are subject to commissioning or abandonment inspections to ensure that safety conditions are met. Furthermore, the Committee notes that, according to the Government, it is part of the commissioning inspectorate activities to ensure adequate risk assessments before operations are authorized. The Committee requests the Government to provide information on any law and/or regulations which require inspections and risk assessments to be conducted at the commissioning and decommissioning of a mine, as provided by Article 7(b) of the Convention.

Article 7(g). Operating plan and procedures. In the absence of information on this point, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure that employers draw up and implement an operating plan and procedures to ensure a safe system of work and the protection of workers in respect of zones susceptible to particular hazards, pursuant to Article 7(g) of the Convention.

Article 8. Emergency response plan. The Committee notes that, in reply to its previous request, the Government indicates that mines are expected to run mine rescue teams which are available day and night and that are coordinated to respond to disasters occurring in the industry regardless of mine ownership. The Committee also notes the Government’s reference to the provisions of Part XII of the Mining Regulations concerning first aid and fire fighting. The Government reports that, in practice, those seeking mining licences are required to submit the plans to ensure the safety of mineworkers to the Mines Safety Department as a prerequisite for obtaining a licence. The Committee recalls that Article 8 provides for the duty of the employer to prepare an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters. The Committee requests the Government to indicate the legal provisions and measures adopted to give effect to this provision of the Convention.

Article 10(a). Provision of training and retraining to workers. The Committee notes the Government’s reference to section 20(2)(b) of the Mines and Minerals Development Act on the requirement to conduct training programmes for the transfer of technical and managerial skills to Zambians, as well as to Part II of the Mining Regulations, which requires the employment of competent persons in mines. The Committee requests the Government to provide additional information on the training conducted in the context of section 20(2)(b) of the Mines and Minerals Development Act. In addition, the Committee requests the Government to indicate the measures adopted to ensure that comprehensible instructions and retraining programmes are provided to workers, at no cost to them, on safety and health matters, as well as on the work assigned, pursuant to Article 10(a) of the Convention.

Article 12. Two or more employers undertaking activities at the same mine. The Committee notes the Government’s indication that responsibilities related to the safety and health of employees rest with the owner of the mining licence. The Government also indicates that contractors are required to operate within the prescriptions of the owner, while the owner remains liable overall. The Committee notes the Government’s reference to section 408 of the Mining Regulations, which requires the contractor to report to the manager any case of an accident or occurrence of nature. The Committee recalls that Article 12 outlines the responsibilities of employers related to mine safety in situations where two or more employers undertake activities at the same mine. The Committee once again requests the Government to provide information on the measures adopted to ensure that, whenever two or more employers undertake activities at the same mine, the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations.

Article 13(1)(a), (b) and (e). Right to report accidents. Right to request and obtain inspections and investigations. Right to removal. The Committee notes that, in reply to its previous comment, the Government indicates that sections 402, 404 and Part XVI (on accidents) of the Mining Regulations implement section 38(2)(i) of the Occupational Safety and Health Act. The Committee notes that section 402 of the Mining Regulations provides for the right of the worker to report accidents, dangerous occurrences and hazards to the employer and to the competent authority. However, the Committee notes that the provisions referred to above do not establish procedures in respect of the right of the workers to request and obtain inspections and investigations (Article 13(1)(b)) and for the right to removal in case of danger (Article 13(1)(e)). The Committee requests the Government to provide information on the procedures established by national laws and regulations to give effect to these provisions of the Convention.

Article 13(2)(c). Advisers and independent experts. The Committee notes that, in reply to its previous comment, the Government confirms that health and safety representatives may engage advisors and independent experts when there is an issue in relation to the safety of employees at the workplace. The Committee takes note of this information, which addresses its previous request.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Article 8 of the Convention. Exposure to hazards related to air pollution, noise and vibration. Further to its previous comment, the Committee notes the Government’s indication that the proposed noise regulations, which establish exposure limit values, have not yet been enacted. It also takes note of Schedule 1 of these proposed regulations, provided in the Government’s report, which sets out maximum acceptable sound pressure levels. Furthermore, the Committee notes that the Government indicates again that it has developed draft regulations on hazardous substances, in consultation with the social partners, which determine exposure limit values on the basis of common international practice. These values will be submitted to the competent minister for validation. The Committee firmly hopes that the Government will soon be in a position to report progress in the adoption of the proposed regulations on noise and hazardous substances and it requests the Government to communicate a copy of these texts once they have been adopted. The Committee also requests the Government to indicate the measures taken to establish criteria for determining the hazards of exposure to air pollution and vibration and to specify exposure limits for these hazards.

Article 15. Appointment of a competent person or use of a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. In reply to the Committee’s previous comment, the Government indicates that employers are required to use a competent service for the prevention and control of air pollution, noise and vibration in case of emergency or where needed, for example where levels of exposure in the undertaking need to be monitored. The Committee requests the Government to indicate the manner in which it ensures that employers comply with their obligation to use a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

Safety and Health in Mines Convention, 1995 (No. 176)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2018.

Article 4 of the Convention. National laws and regulations. With reference to its previous comments, the Committee notes the adoption of the Mines and Minerals Development Act, 2015, and the Government’s indication that the Mining Regulations, 1971, which were revised in 2013 with the assistance of the ILO, are still in the process of being reviewed. The Committee requests the Government to provide information on the developments relating to the adoption of the revised Mining Regulations.

Article 5(5). Plans of working. The Committee notes that, pursuant to section 501 of the Mining Regulations (Statutory Instrument No. 107 of 1971) managers have the duty to ensure that mine plans are prepared and kept at the mine. However, the Committee notes that the manager may request to the Chief Inspector an exemption or partial exemption from the discharge of this duty, where the average number of persons employed is less than 100. Recalling that the Convention requires that the employer in charge of the mine ensures the preparation of appropriate plans of workings, regardless of the number of workers at the mine, the Committee requests that the Government provide information on any exemption or partial exemption granted under section 501 of the Regulations.

Article 7(a). Communication system. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that employers provide the mine with electrical, mechanical and other equipment, including a communication system, pursuant to Article 7(a) of the Convention.

Article 7(b). Commission and decommissioning of the mine. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the mine is commissioned and decommissioned in such a way that workers can perform the work assigned to them without endangering their safety and health or that of other persons.

Article 7(g). Operating plan and procedures. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that employers draw up and implement an operating plan and procedures to ensure a safe system of work and the protection of workers in respect of zones susceptible to particular hazards, pursuant to Article 7(g) of the Convention.

Article 8. Emergency response plan. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that employers prepare an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters, pursuant to Article 8 of the Convention.

Article 10(a). Provision of training and retraining to workers. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that adequate training and retraining programmes and comprehensible instructions are provided for workers, at no cost to them, on safety and health matters as well as on the work assigned, pursuant to Article 10(a) of the Convention.

Article 12. Two or more employers undertaking activities at the same mine. With reference to its comment on the application of Article 17 of Convention No. 155, the Committee notes that the Government does not indicate the manner in which the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations.  The Committee requests the Government to provide further information on the manner in which effect is given to the requirement of Article 12 of the Convention, according to which the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations.

Article 13(1)(a), (b) and (e). Right to report accidents. Right to request and obtain inspections and investigations. Right to removal. The Committee notes that, pursuant to section 17(2) of the OSH Act, 2010, workers have an obligation to report dangerous situations. In this respect, pursuant to section 38(2)(i), the Minister may enact regulations that provide for the reporting of accidents occurring at workplaces. However, the Committee notes that these regulations have not been issued. Moreover, the Committee notes that the Government does not indicate the provisions in the national legislation that grant to the workers the rights established in Article 13(1)(b) and (e) of the Convention. The Committee requests the Government to provide information on the procedures established by national laws and regulations for the workers to exercise their right: (a) to report accidents to the employer and to the competent authority (Article 13(1)(a)); (b) to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the employer and the competent authority (Article 13(1)(b)); and (c) to remove themselves from any location at the mine when circumstances arise which appear, with reasonable justification, to pose a serious danger to their safety or health (Article 13(1)(e)).

Article 13(2)(c). Advisers and independent experts. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the safety and health representatives have the right to have recourse to advisers and independent experts, pursuant to Article 13(2)(c) of the Convention.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Article 8 of the Convention. Exposure to hazards related to air pollution, noise and vibration. Further to its previous comment, the Committee notes the Government’s indication that the proposed noise regulations, which establish exposure limit values, have not yet been enacted. It also takes note of Schedule 1 of these proposed regulations, provided in the Government’s report, which sets out maximum acceptable sound pressure levels. Furthermore, the Committee notes that the Government indicates again that it has developed draft regulations on hazardous substances, in consultation with the social partners, which determine exposure limit values on the basis of common international practice. These values will be submitted to the competent minister for validation. The Committee firmly hopes that the Government will soon be in a position to report progress in the adoption of the proposed regulations on noise and hazardous substances and it requests the Government to communicate a copy of these texts once they have been adopted. The Committee also requests the Government to indicate the measures taken to establish criteria for determining the hazards of exposure to air pollution and vibration and to specify exposure limits for these hazards.

Article 15. Appointment of a competent person or use of a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. In reply to the Committee’s previous comment, the Government indicates that employers are required to use a competent service for the prevention and control of air pollution, noise and vibration in case of emergency or where needed, for example where levels of exposure in the undertaking need to be monitored. The Committee requests the Government to indicate the manner in which it ensures that employers comply with their obligation to use a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

Safety and Health in Mines Convention, 1995 (No. 176)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2018.

Article 4 of the Convention. National laws and regulations. With reference to its previous comments, the Committee notes the adoption of the Mines and Minerals Development Act, 2015, and the Government’s indication that the Mining Regulations, 1971, which were revised in 2013 with the assistance of the ILO, are still in the process of being reviewed. The Committee requests the Government to provide information on the developments relating to the adoption of the revised Mining Regulations.

Article 5(5). Plans of working. The Committee notes that, pursuant to section 501 of the Mining Regulations (Statutory Instrument No. 107 of 1971) managers have the duty to ensure that mine plans are prepared and kept at the mine. However, the Committee notes that the manager may request to the Chief Inspector an exemption or partial exemption from the discharge of this duty, where the average number of persons employed is less than 100. Recalling that the Convention requires that the employer in charge of the mine ensures the preparation of appropriate plans of workings, regardless of the number of workers at the mine, the Committee requests that the Government provide information on any exemption or partial exemption granted under section 501 of the Regulations.

Article 7(a). Communication system. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that employers provide the mine with electrical, mechanical and other equipment, including a communication system, pursuant to Article 7(a) of the Convention.

Article 7(b). Commission and decommissioning of the mine. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the mine is commissioned and decommissioned in such a way that workers can perform the work assigned to them without endangering their safety and health or that of other persons.

Article 7(g). Operating plan and procedures. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that employers draw up and implement an operating plan and procedures to ensure a safe system of work and the protection of workers in respect of zones susceptible to particular hazards, pursuant to Article 7(g) of the Convention.

Article 8. Emergency response plan. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that employers prepare an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters, pursuant to Article 8 of the Convention.

Article 10(a). Provision of training and retraining to workers. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that adequate training and retraining programmes and comprehensible instructions are provided for workers, at no cost to them, on safety and health matters as well as on the work assigned, pursuant to Article 10(a) of the Convention.

Article 12. Two or more employers undertaking activities at the same mine. With reference to its comment on the application of Article 17 of Convention No. 155, the Committee notes that the Government does not indicate the manner in which the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations.  The Committee requests the Government to provide further information on the manner in which effect is given to the requirement of Article 12 of the Convention, according to which the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations.

Article 13(1)(a), (b) and (e). Right to report accidents. Right to request and obtain inspections and investigations. Right to removal. The Committee notes that, pursuant to section 17(2) of the OSH Act, 2010, workers have an obligation to report dangerous situations. In this respect, pursuant to section 38(2)(i), the Minister may enact regulations that provide for the reporting of accidents occurring at workplaces. However, the Committee notes that these regulations have not been issued. Moreover, the Committee notes that the Government does not indicate the provisions in the national legislation that grant to the workers the rights established in Article 13(1)(b) and (e) of the Convention. The Committee requests the Government to provide information on the procedures established by national laws and regulations for the workers to exercise their right: (a) to report accidents to the employer and to the competent authority (Article 13(1)(a)); (b) to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the employer and the competent authority (Article 13(1)(b)); and (c) to remove themselves from any location at the mine when circumstances arise which appear, with reasonable justification, to pose a serious danger to their safety or health (Article 13(1)(e)).

Article 13(2)(c). Advisers and independent experts. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the safety and health representatives have the right to have recourse to advisers and independent experts, pursuant to Article 13(2)(c) of the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 8 of the Convention. Exposure to hazards related to air pollution, noise and vibration. Further to its previous comment, the Committee notes the Government’s indication that the proposed noise regulations, which establish exposure limit values, have not yet been enacted. It also takes note of Schedule 1 of these proposed regulations, provided in the Government’s report, which sets out maximum acceptable sound pressure levels. Furthermore, the Committee notes that the Government indicates again that it has developed draft regulations on hazardous substances, in consultation with the social partners, which determine exposure limit values on the basis of common international practice. These values will be submitted to the competent minister for validation. The Committee firmly hopes that the Government will soon be in a position to report progress in the adoption of the proposed regulations on noise and hazardous substances and it requests the Government to communicate a copy of these texts once they have been adopted. The Committee also requests the Government to indicate the measures taken to establish criteria for determining the hazards of exposure to air pollution and vibration and to specify exposure limits for these hazards.

Article 15. Appointment of a competent person or use of a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. In reply to the Committee’s previous comment, the Government indicates that employers are required to use a competent service for the prevention and control of air pollution, noise and vibration in case of emergency or where needed, for example where levels of exposure in the undertaking need to be monitored. The Committee requests the Government to indicate the manner in which it ensures that employers comply with their obligation to use a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

Application in practice. Noting the absence of the Government’s reply on this point, the Committee once again requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, including the number and nature of contraventions reported and the number and nature of work-related accidents and cases of occupational disease reported which were caused by exposure to air pollution, noise or vibration.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous comments.

Repetition

Legislation. The Committee notes the Government’s report which refers to proposed regulations to give effect to the provisions of the Convention as well as the Government’s intention to address the concerns raised by the Committee during a review of the labour legislation. The Committee hopes that the proposed regulations concerning noise in factories; the control of hazardous substances at work; and protection against occupational hazards relating to vibration come into effect, in law and in practice, in the near future, and encourages the Government to give effect, inter alia, to the following provisions of the Convention during its review of the labour legislation: Articles 6 (Responsibility of employers), 7 (Workers’ rights and responsibilities), 8 (Criteria for determining the hazards of exposure), 10 (Provision of personal protective equipment) and 11 (Supervision of the health of workers exposed) of the Convention. The Committee requests the Government to continue to provide information on relevant legislative developments and to submit copies of such legislation once it has been adopted. The Committee also reminds the Government of the possibility of availing itself of technical assistance from the ILO with a view to giving full effect to this Convention.

Article 5(4) of the Convention. Opportunity to accompany inspectors. The Committee notes the information that, in practice, an inspector is accompanied by the employer and worker representatives when carrying out inspections. The Committee asks the Government to continue to provide further information on the application of this Article of the Convention in practice.

Article 8. Exposure to hazards related to air pollution, noise and vibration and related exposure limits. The Committee notes that, in consultation with the social partners, the Government has established exposure limits, which are to be incorporated into the proposed regulations and have been determined from common international practice. The Committee refers the Government to the provisions of Article 8 of the Convention, which require that the competent authority establish criteria for determining the hazards of exposure to air pollution, noise and vibration in the working environment. The Committee hopes that the proposed regulations establishing exposure limits will be adopted in the near future and asks the Government to indicate in its next report the value of the proposed exposure limits, as well as the criteria used to determine such limits.

Article 15. Appointment of a competent person or use of a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. The Committee notes the information that it is common practice for employers to appoint competent persons or institutions to deal with the abovementioned matters. The Committee asks the Government to provide further information on the application of this Article of the Convention in practice, and in particular to indicate the conditions and circumstances, determined by the competent authority, in which the employer is required to appoint a competent person or service to deal with these matters.

Part IV of the report form. Application in practice. The Committee welcomes the Labour Force Survey Report, published by the Labour Statistics Branch, and attached to the Government’s report, and in particular notes the detailed statistics on employment in the formal and informal economy, disaggregated by gender, age, industry, etc. The Committee requests the Government to provide further information on the application of the Convention in practice in the country, and in particular to provide extracts from the reports of the inspection services; the number and nature of contraventions reported; and the number, nature and cause of occupational accidents and diseases reported.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Legislation. The Committee notes the Government’s report which refers to proposed regulations to give effect to the provisions of the Convention as well as the Government’s intention to address the concerns raised by the Committee during a review of the labour legislation. The Committee hopes that the proposed regulations concerning noise in factories; the control of hazardous substances at work; and protection against occupational hazards relating to vibration come into effect, in law and in practice, in the near future, and encourages the Government to give effect, inter alia, to the following provisions of the Convention during its review of the labour legislation: Articles 6 (Responsibility of employers), 7 (Workers’ rights and responsibilities), 8 (Criteria for determining the hazards of exposure), 10 (Provision of personal protective equipment) and 11 (Supervision of the health of workers exposed) of the Convention. The Committee requests the Government to continue to provide information on relevant legislative developments and to submit copies of such legislation once it has been adopted. The Committee also reminds the Government of the possibility of availing itself of technical assistance from the ILO with a view to giving full effect to this Convention.

Article 5(4) of the Convention. Opportunity to accompany inspectors. The Committee notes the information that, in practice, an inspector is accompanied by the employer and worker representatives when carrying out inspections. The Committee asks the Government to continue to provide further information on the application of this Article of the Convention in practice.

Article 8. Exposure to hazards related to air pollution, noise and vibration and related exposure limits. The Committee notes that, in consultation with the social partners, the Government has established exposure limits, which are to be incorporated into the proposed regulations and have been determined from common international practice. The Committee refers the Government to the provisions of Article 8 of the Convention, which require that the competent authority establish criteria for determining the hazards of exposure to air pollution, noise and vibration in the working environment. The Committee hopes that the proposed regulations establishing exposure limits will be adopted in the near future and asks the Government to indicate in its next report the value of the proposed exposure limits, as well as the criteria used to determine such limits.

Article 15. Appointment of a competent person or use of a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. The Committee notes the information that it is common practice for employers to appoint competent persons or institutions to deal with the abovementioned matters. The Committee asks the Government to provide further information on the application of this Article of the Convention in practice, and in particular to indicate the conditions and circumstances, determined by the competent authority, in which the employer is required to appoint a competent person or service to deal with these matters.

Part IV of the report form. Application in practice. The Committee welcomes the Labour Force Survey Report, published by the Labour Statistics Branch, and attached to the Government’s report, and in particular notes the detailed statistics on employment in the formal and informal economy, disaggregated by gender, age, industry, etc. The Committee requests the Government to provide further information on the application of the Convention in practice in the country, and in particular to provide extracts from the reports of the inspection services; the number and nature of contraventions reported; and the number, nature and cause of occupational accidents and diseases reported.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the information regarding the adoption of the Mines and Minerals Act which entered into force 1 April 2006 and the Environmental Protection and Pollution Control (amendment) Act, 1999. The Committee notes with interest the submission of draft regulations on control of noise in factories and on control of hazardous substances at work, the latter including a schedule listing occupational exposure limits for a series of hazardous standards. It also notes, however, that the report contains no further information on the previously announced amendments to the Factories and Workplaces Act. The Committee requests the Government to continue to provide information on relevant legislative developments and to submit copies of relevant new legislation once it has been adopted.

Article 1 of the Convention. Measures for the prevention and control of, and protection against occupational hazards relating to vibration. The Committee notes that the announced regulations to deal with the requirements of the Convention with regards to vibration have not yet been adopted, but that the Government indicates that it intends to hold tripartite consultations on this matter. The Committee urges the Government to take all relevant measures to ensure that effect is given – in law and in practice – to Articles 2, 4, 8, 9, 12 and 14 of the Convention with regard to vibration and to keep the Committee informed in this regard.

Article 5(4). Opportunity to accompany inspectors. With reference to its previous comments the Committee notes that the Government now indicates that representatives of employers and workers accompany inspectors each time inspections are carried out and that this is also provided for in law. It notes however, the absence of any reference to relevant legislation. The Committee requests the Government to indicate the legal provisions giving effect to this provision of the Convention.

Article 6(1). Responsibility of employers. The Committee notes that the Government appears to indicate that effect to this provision would be given in the draft regulations referred to above. In this respect the Committee would like to recall that this provision of the Convention applies to all contingencies covered by the Convention. The Committee requests the Government to take all relevant measures, in law and in practice, to ensure that full effect is given to this provision of the Convention.

Article 6(2). Procedures prescribed for collaboration between two or more employers. The Committee notes that the Government’s report is silent on the issues raised by the Committee in this context. The Committee reiterates its request to the Government to indicate the specific provisions of national legislation which require collaboration between two or more employers undertaking activities simultaneously at one workplace to address the problems of air pollution, noise and vibration. Also, please indicate the general procedures prescribed by the Mines and Factories Inspectorate for such collaboration.

Article 7(1). Compliance of safety procedures by workers. The Committee notes that the Government’s report is silent on the issues raised by the Committee in this context. The Committee reiterates its request to the Government to indicate the measures taken or envisaged to ensure that workers are required under the law to comply with safety procedures relating to the prevention and control of, and protection against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 7(2). Rights of workers and their representatives to present proposals and obtain training and to appeal to appropriate bodies. The Committee notes that the Government’s report is silent on the issues raised by the Committee in this context. The Committee reiterates its request to the Government to indicate the measures taken or envisaged to secure under the law, the right of workers and their representatives to present proposals and obtain information and training. Also, please indicate the appropriate bodies to which they can appeal so as to ensure the protection against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8. Exposure to hazards related to air pollution, noise and vibration and related exposure limits. The Committee notes the reference made by the Government to the draft regulations on control of noise in factories and on control of hazardous substances at work. While it welcomes the fact that the latter contains a schedule listing occupational exposure limits regarding for hazardous substances, the Committee notes that the information provided contains no response on the application of other aspects of this Article of the Convention including as regards the criteria for determining hazards of exposure to noise and vibration in the working environment, the methodology for a regular supplementing and revision of the referenced exposure limits in the light of current national and international knowledge and data, nor as regards the designation by representative organizations of employers or workers of technically competent persons to address the problems of air pollution, noise and vibration. The Committee requests the Government to provide further information on all measures taken to ensure a full implementation – in law and in practice – of this Article of the Convention.

Article 10. Provision of suitable personal protective equipment. The Committee notes that the Government in its report yet again refers to the Environmental Protection and Pollution Control Act, 1990 but that it is otherwise silent on the issues raised by the Committee as regards the application of this Article. The Committee reiterates its request to the Government to indicate the specific provisions of national legislation that require the employer to provide and maintain suitable personal protective equipment when the specified exposure limits are exceeded in the case of air pollution and vibration and also the provision which stipulates that the employer shall not require a worker to work without the personal protective equipment provided in pursuance of Article 10 of the Convention. Also, please provide a copy of the document issued by the Environmental Council of Zambia referred to in an earlier report by the Government but not enclosed along with it.

Article 11(1)–(2). Medical examination of workers. The Committee notes that the Government’ report is silent on the issues raised by the Committee in this context. The Committee reiterates its request to the Government to take its comments into account in the context of the previously announced amendments to the Factories and Workplaces Act will be adopted in the near future and requests the Government to keep it informed in this respect.

Article 15. Appointment of a competent person or use of a competent service. The Committee notes that the report contains no new information on the application of this Article of the Convention. The Committee reiterates its request to the Government to indicate the specific provisions of national legislation that require the appointment of a competent person or the use of a competent independent service by employers in such circumstances.

Plan of Action (2010–16). With reference to the ongoing revision of national legislation on occupational safety and health (OSH), the Committee would like to take this opportunity to inform the Government that, in March 2010, the Governing Body adopted a plan of action to achieve widespread ratification and effective implementation of the key instruments in the area of OSH, the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Doc. GB307/10/2 (Rev.)) which may be relevant in this context. The Committee would like to bring to the Government’s attention that under this Plan of Action, the Office is available to provide assistance to Governments, as appropriate, to bring their national law and practice in conformity with these key OSH Conventions in order to promote their ratification and effective implementation. The Committee invites the Government to provide information on any needs it may have in this respect.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Measures for the prevention and control of, and protection against, occupational hazards relating to vibration. The Committee notes that the Government has once again indicated that legislative provisions to satisfy the requirements of the Convention with regard to vibration would be adopted after the hazards caused by vibration are fully studied. The Committee hopes that such measures would be adopted in the near future and that they would give effect to Articles 2, 4, 8, 9, 12 and 14 of the Convention with regard to vibration. Please keep the Committee informed in this regard.

Article 5(4). Opportunity to accompany inspectors. The Committee notes that the Government has indicated that there is no specific legal provision allowing representatives of the employer and the workers of the undertaking to accompany inspectors supervising the application of the prescribed measures. The Committee also takes note in this context, of the ongoing revision of the Factories and Workplaces Act. Please indicate the measures taken or envisaged to ensure that representatives of the employer and the workers are guaranteed under the law the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of this Convention.

Article 6(1). Responsibility of employers. The Committee notes that the Government has not provided any information in reply to its previous comments seeking information on the specific provisions of national legislation that make employers responsible for compliance with the measures prescribed in national legislation that give effect to the Convention. Please indicate the measures taken or envisaged to ensure that employers are made responsible, under the law, for compliance with the prescribed measures.

Article 6(2). Procedures prescribed for collaboration between two or more employers. The Committee notes that the Government has indicated that procedures prescribed for collaboration between two or more employers undertaking activities simultaneously at one workplace are provided for in the Mines and Minerals (Environmental) Regulations, 1997. In addition, inspectors from the Mines and Factories Inspectorate advise employers undertaking activities simultaneously at one workplace so that there is collaboration in operations, commensurate with health and safety standards. Please indicate the specific provisions of national legislation which require collaboration between two or more employers undertaking activities simultaneously at one workplace to address the problems of air pollution, noise and vibration. Also, please indicate the general procedures prescribed by the Mines and Factories Inspectorate for such collaboration.

Article 7(1). Compliance of safety procedures by workers. The Committee notes that the Government has not provided any information in reply to its previous comments seeking information on the specific provisions of national legislation requiring workers to comply with safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration in the working environment. Please indicate the measures taken or envisaged to ensure that workers are required under the law to comply with safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration in the working environment.

Article 7(2). Rights of workers and their representatives to present proposals and obtain training and to appeal to appropriate bodies. The Committee notes that the Government has indicated that there are no legislative provisions regarding the procedures available to workers or their representatives to present proposals and obtain training. However, the workers through their unions are free to make proposals on any matters concerning their safety and health to appropriate government agencies such as the Factories Inspectorate, Mines Safety Inspectorate and Environmental Council of Zambia. Please indicate the measures taken or envisaged to secure under the law the right of workers and their representatives to present proposals and obtain information and training. Also, please indicate the appropriate bodies to which they can appeal so as to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8(2) and (3). Criteria for determining the hazards of exposure and exposure limits:

(a)    Exposure to noise and vibration. The Committee notes that the Government has indicated that regulations are not yet in place to establish the criteria for determining the hazards of exposure to noise and vibration in the working environment and to specify their exposure limits. The Committee also notes in this context the proposed amendment to section 71 of the Factories and Workplaces Act to establish 85db(A) as the exposure limit for noise. The Committee hopes that the necessary changes to the law would be effected in the near future establishing the criteria for determining the hazards of exposure to noise and vibration in the working environment and specifying their exposure limits. Please keep the Committee informed in this respect.

(b)   Exposure to air pollution. The Committee notes that the Government has indicated that the exposure limits of air pollution are covered by regulations under a statutory instrument of 1997. Please transmit a copy of the said regulations. Also, please transmit a copy of the table of guidelines for ambient air pollution and the table of long-term emission limits for air pollution by type of industry/process currently in use in Zambia which have not been received along with the Government’s report.

(c)    Supplementing and revising established criteria and exposure limits. The Committee notes the indication of the Government that the established criteria and exposure limits are supplemented and revised when necessary and that no account has been taken so far of any increase in occupational hazards resulting from simultaneous exposure to several harmful factors. The Committee hopes that the Government would soon take appropriate measures to ensure that procedures are established by which the established criteria and exposure limits are regularly supplemented and revised in the light of current national and international knowledge and data, taking into account as far as possible any increase in occupational hazards resulting from simultaneous exposure to several harmful factors. Please indicate the measures taken or envisaged in this respect.

(d)   Designation of technically competent persons by representative organizations of employers and workers. The Committee notes the indication of the Government that no representative organizations of employers or workers have as yet designated technically competent persons to address the problems of air pollution, noise and vibration. The Committee hopes that the Government would soon take the necessary measures to ensure that the most representative organizations of employers and workers designate the said technically competent persons and keep the Committee informed in this respect.

Article 10. Provision of suitable personal protective equipment. The Committee notes that section 69, subsection 2 of the Environmental Protection and Pollution Control Act, 1990, empowers the inspectorate to order the employer to provide adequate protective equipment and clothing when noise limits are exceeded and that sound level meters, dust samplers and vibration meters are used to determine whether these limits are exceeded. Please indicate the specific provisions of national legislation that require the employer to provide and maintain suitable personal protective equipment when the specified exposure limits are exceeded in the case of air pollution and vibration and also the provision which stipulates that the employer shall not require a worker to work without the personal protective equipment provided in pursuance of Article 10 of the Convention. Also, please provide a copy of the document issued by the Environmental Council of Zambia referred to in the Government’s previous report but not enclosed along with it.

Article 11(1) and (2). Medical examination of workers. The Committee notes that the Government has indicated that supervision of workers’ health is required in cases such as that of their exposure to highly toxic substances or excessive noise levels and that the workers can then be referred for medical examination at the expense of the employer. The Committee also notes the Government’s indication that the nature and frequency of the periodic medical examination is determined by the hazard which the workers are exposed to. It notes that the frequency of medical examinations for exposure to vibrating tools is once a year and for exposure of workers to excessive noise levels in mining, saw mills and the textiles industry is once in three years. The Committee also notes that the proposed amendment to section 26 under the draft Factories and Workplaces Act empowers the minister to require the compulsory medical examination of employees before, during and after the termination of employment, if necessary, at regular intervals, in respect of workplaces where work involves risk to health. It also provides that the costs in connection with such examination shall be paid by the employer or the State according to the rules laid down by the minister. The Committee hopes that these amendments to the Factories and Workplaces Act will be adopted in the near future and requests the Government to keep it informed in this respect.

Article 15. Appointment of a competent person or use of a competent service. The Committee notes that the Government has indicated that employers are required to appoint a competent service either when the services of a competent service are needed, for purposes such as monitoring exposure levels or in a case of emergency. Please indicate the specific provisions of national legislation that require the appointment of a competent person or the use of a competent independent service by employers in such circumstances.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Measures for the prevention and control of, and protection against, occupational hazards relating to vibration. The Committee notes that the Government has once again indicated that legislative provisions to satisfy the requirements of the Convention with regard to vibration would be adopted after the hazards caused by vibration are fully studied. The Committee hopes that such measures would be adopted in the near future and that they would give effect to Articles 2, 4, 8, 9, 12 and 14 of the Convention with regard to vibration. Please keep the Committee informed in this regard.

Article 5, paragraph 4. Opportunity to accompany inspectors. The Committee notes that the Government has indicated that there is no specific legal provision allowing representatives of the employer and the workers of the undertaking to accompany inspectors supervising the application of the prescribed measures. The Committee also takes note in this context, of the ongoing revision of the Factories and Workplaces Act. Please indicate the measures taken or envisaged to ensure that representatives of the employer and the workers are guaranteed under the law the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of this Convention.

Article 6, paragraph 1. Responsibility of employers. The Committee notes that the Government has not provided any information in reply to its previous comments seeking information on the specific provisions of national legislation that make employers responsible for compliance with the measures prescribed in national legislation that give effect to the Convention. Please indicate the measures taken or envisaged to ensure that employers are made responsible, under the law, for compliance with the prescribed measures.

Article 6, paragraph 2. Procedures prescribed for collaboration between two or more employers. The Committee notes that the Government has indicated that procedures prescribed for collaboration between two or more employers undertaking activities simultaneously at one workplace are provided for in the Mines and Minerals (Environmental) Regulations, 1997. In addition, inspectors from the Mines and Factories Inspectorate advise employers undertaking activities simultaneously at one workplace so that there is collaboration in operations, commensurate with health and safety standards. Please indicate the specific provisions of national legislation which require collaboration between two or more employers undertaking activities simultaneously at one workplace to address the problems of air pollution, noise and vibration. Also, please indicate the general procedures prescribed by the Mines and Factories Inspectorate for such collaboration.

Article 7, paragraph 1. Compliance of safety procedures by workers. The Committee notes that the Government has not provided any information in reply to its previous comments seeking information on the specific provisions of national legislation requiring workers to comply with safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration in the working environment. Please indicate the measures taken or envisaged to ensure that workers are required under the law to comply with safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration in the working environment.

Article 7, paragraph 2. Rights of workers and their representatives to present proposals and obtain training and to appeal to appropriate bodies. The Committee notes that the Government has indicated that there are no legislative provisions regarding the procedures available to workers or their representatives to present proposals and obtain training. However, the workers through their unions are free to make proposals on any matters concerning their safety and health to appropriate government agencies such as the Factories Inspectorate, Mines Safety Inspectorate and Environmental Council of Zambia. Please indicate the measures taken or envisaged to secure under the law the right of workers and their representatives to present proposals and obtain information and training. Also, please indicate the appropriate bodies to which they can appeal so as to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8, paragraphs 2 and 3. Criteria for determining the hazards of exposure and exposure limits:

(a)    Exposure to noise and vibration. The Committee notes that the Government has indicated that regulations are not yet in place to establish the criteria for determining the hazards of exposure to noise and vibration in the working environment and to specify their exposure limits. The Committee also notes in this context the proposed amendment to section 71 of the Factories and Workplaces Act to establish 85db(A) as the exposure limit for noise. The Committee hopes that the necessary changes to the law would be effected in the near future establishing the criteria for determining the hazards of exposure to noise and vibration in the working environment and specifying their exposure limits. Please keep the Committee informed in this respect.

(b)    Exposure to air pollution. The Committee notes that the Government has indicated that the exposure limits of air pollution are covered by regulations under a statutory instrument of 1997. Please transmit a copy of the said regulations. Also, please transmit a copy of the table of guidelines for ambient air pollution and the table of long-term emission limits for air pollution by type of industry/process currently in use in Zambia which have not been received along with the Government’s report.

(c)    Supplementing and revising established criteria and exposure limits. The Committee notes the indication of the Government that the established criteria and exposure limits are supplemented and revised when necessary and that no account has been taken so far of any increase in occupational hazards resulting from simultaneous exposure to several harmful factors. The Committee hopes that the Government would soon take appropriate measures to ensure that procedures are established by which the established criteria and exposure limits are regularly supplemented and revised in the light of current national and international knowledge and data, taking into account as far as possible any increase in occupational hazards resulting from simultaneous exposure to several harmful factors. Please indicate the measures taken or envisaged in this respect.

(d)    Designation of technically competent persons by representative organizations of employers and workers. The Committee notes the indication of the Government that no representative organizations of employers or workers have as yet designated technically competent persons to address the problems of air pollution, noise and vibration. The Committee hopes that the Government would soon take the necessary measures to ensure that the most representative organizations of employers and workers designate the said technically competent persons and keep the Committee informed in this respect.

Article 10. Provision of suitable personal protective equipment. The Committee notes that section 69, subsection 2 of the Environmental Protection and Pollution Control Act, 1990, empowers the inspectorate to order the employer to provide adequate protective equipment and clothing when noise limits are exceeded and that sound level meters, dust samplers and vibration meters are used to determine whether these limits are exceeded. Please indicate the specific provisions of national legislation that require the employer to provide and maintain suitable personal protective equipment when the specified exposure limits are exceeded in the case of air pollution and vibration and also the provision which stipulates that the employer shall not require a worker to work without the personal protective equipment provided in pursuance of Article 10 of the Convention. Also, please provide a copy of the document issued by the Environmental Council of Zambia referred to in the Government’s previous report but not enclosed along with it.

Article 11, paragraphs 1 and 2. Medical examination of workers. The Committee notes that the Government has indicated that supervision of workers’ health is required in cases such as that of their exposure to highly toxic substances or excessive noise levels and that the workers can then be referred for medical examination at the expense of the employer. The Committee also notes the Government’s indication that the nature and frequency of the periodic medical examination is determined by the hazard which the workers are exposed to. It notes that the frequency of medical examinations for exposure to vibrating tools is once a year and for exposure of workers to excessive noise levels in mining, saw mills and the textiles industry is once in three years. The Committee also notes that the proposed amendment to section 26 under the draft Factories and Workplaces Act empowers the minister to require the compulsory medical examination of employees before, during and after the termination of employment, if necessary, at regular intervals, in respect of workplaces where work involves risk to health. It also provides that the costs in connection with such examination shall be paid by the employer or the State according to the rules laid down by the minister. The Committee hopes that these amendments to the Factories and Workplaces Act will be adopted in the near future and requests the Government to keep it informed in this respect.

Article 15. Appointment of a competent person or use of a competent service. The Committee notes that the Government has indicated that employers are required to appoint a competent service either when the services of a competent service are needed, for purposes such as monitoring exposure levels or in a case of emergency. Please indicate the specific provisions of national legislation that require the appointment of a competent person or the use of a competent independent service by employers in such circumstances.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided in the Government’s report in reply to its previous comments. The Government is requested to provide further information on the following points.

2. Measures for the prevention and control of, and protection against, occupational hazards relating to vibration. The Committee notes that the Government has once again indicated that legislative provisions to satisfy the requirements of the Convention with regard to vibration would be adopted after the hazards caused by vibration are fully studied. The Committee hopes that such measures would be adopted in the near future and that they would give effect to Articles 2, 4, 8, 9, 12 and 14 of the Convention with regard to vibration. Please keep the Committee informed in this regard.

3. Article 5, paragraph 4. Opportunity to accompany inspectors. The Committee notes that the Government has indicated that there is no specific legal provision allowing representatives of the employer and the workers of the undertaking to accompany inspectors supervising the application of the prescribed measures. The Committee also takes note in this context, of the ongoing revision of the Factories and Workplaces Act. Please indicate the measures taken or envisaged to ensure that representatives of the employer and the workers are guaranteed under the law the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of this Convention.

4. Article 6, paragraph 1. Responsibility of employers. The Committee notes that the Government has not provided any information in reply to its previous comments seeking information on the specific provisions of national legislation that make employers responsible for compliance with the measures prescribed in national legislation that give effect to the Convention. Please indicate the measures taken or envisaged to ensure that employers are made responsible, under the law, for compliance with the prescribed measures.

5. Article 6, paragraph 2. Procedures prescribed for collaboration between two or more employers. The Committee notes that the Government has indicated that procedures prescribed for collaboration between two or more employers undertaking activities simultaneously at one workplace are provided for in the Mines and Minerals (Environmental) Regulations, 1997. In addition, inspectors from the Mines and Factories Inspectorate advise employers undertaking activities simultaneously at one workplace so that there is collaboration in operations, commensurate with health and safety standards. Please indicate the specific provisions of national legislation which require collaboration between two or more employers undertaking activities simultaneously at one workplace to address the problems of air pollution, noise and vibration. Also, please indicate the general procedures prescribed by the Mines and Factories Inspectorate for such collaboration.

6. Article 7, paragraph 1. Compliance of safety procedures by workers. The Committee notes that the Government has not provided any information in reply to its previous comments seeking information on the specific provisions of national legislation requiring workers to comply with safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration in the working environment. Please indicate the measures taken or envisaged to ensure that workers are required under the law to comply with safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration in the working environment.

7. Article 7, paragraph 2. Rights of workers and their representatives to present proposals and obtain training and to appeal to appropriate bodies. The Committee notes that the Government has indicated that there are no legislative provisions regarding the procedures available to workers or their representatives to present proposals and obtain training. However, the workers through their unions are free to make proposals on any matters concerning their safety and health to appropriate government agencies such as the Factories Inspectorate, Mines Safety Inspectorate and Environmental Council of Zambia. Please indicate the measures taken or envisaged to secure under the law the right of workers and their representatives to present proposals and obtain information and training. Also, please indicate the appropriate bodies to which they can appeal so as to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment.

8. Article 8, paragraphs 2 and 3. Criteria for determining the hazards of exposure and exposure limits:

(a)  Exposure to noise and vibration. The Committee notes that the Government has indicated that regulations are not yet in place to establish the criteria for determining the hazards of exposure to noise and vibration in the working environment and to specify their exposure limits. The Committee also notes in this context the proposed amendment to section 71 of the Factories and Workplaces Act to establish 85db(A) as the exposure limit for noise. The Committee hopes that the necessary changes to the law would be effected in the near future establishing the criteria for determining the hazards of exposure to noise and vibration in the working environment and specifying their exposure limits. Please keep the Committee informed in this respect.

(b)  Exposure to air pollution. The Committee notes that the Government has indicated that the exposure limits of air pollution are covered by regulations under a statutory instrument of 1997. Please transmit a copy of the said regulations. Also, please transmit a copy of the table of guidelines for ambient air pollution and the table of long-term emission limits for air pollution by type of industry/process currently in use in Zambia which have not been received along with the Government’s report.

(c)  Supplementing and revising established criteria and exposure limits. The Committee notes the indication of the Government that the established criteria and exposure limits are supplemented and revised when necessary and that no account has been taken so far of any increase in occupational hazards resulting from simultaneous exposure to several harmful factors. The Committee hopes that the Government would soon take appropriate measures to ensure that procedures are established by which the established criteria and exposure limits are regularly supplemented and revised in the light of current national and international knowledge and data, taking into account as far as possible any increase in occupational hazards resulting from simultaneous exposure to several harmful factors. Please indicate the measures taken or envisaged in this respect.

(d)  Designation of technically competent persons by representative organizations of employers and workers. The Committee notes the indication of the Government that no representative organizations of employers or workers have as yet designated technically competent persons to address the problems of air pollution, noise and vibration. The Committee hopes that the Government would soon take the necessary measures to ensure that the most representative organizations of employers and workers designate the said technically competent persons and keep the Committee informed in this respect.

9. Article 10. Provision of suitable personal protective equipment. The Committee notes that section 69, subsection 2 of the Environmental Protection and Pollution Control Act, 1990, empowers the inspectorate to order the employer to provide adequate protective equipment and clothing when noise limits are exceeded and that sound level meters, dust samplers and vibration meters are used to determine whether these limits are exceeded. Please indicate the specific provisions of national legislation that require the employer to provide and maintain suitable personal protective equipment when the specified exposure limits are exceeded in the case of air pollution and vibration and also the provision which stipulates that the employer shall not require a worker to work without the personal protective equipment provided in pursuance of Article 10 of the Convention. Also, please provide a copy of the document issued by the Environmental Council of Zambia referred to in the Government’s previous report but not enclosed along with it.

10. Article 11, paragraphs 1 and 2. Medical examination of workers. The Committee notes that the Government has indicated that supervision of workers’ health is required in cases such as that of their exposure to highly toxic substances or excessive noise levels and that the workers can then be referred for medical examination at the expense of the employer. The Committee also notes the Government’s indication that the nature and frequency of the periodic medical examination is determined by the hazard which the workers are exposed to. It notes that the frequency of medical examinations for exposure to vibrating tools is once a year and for exposure of workers to excessive noise levels in mining, saw mills and the textiles industry is once in three years. The Committee also notes that the proposed amendment to section 26 under the draft Factories and Workplaces Act empowers the minister to require the compulsory medical examination of employees before, during and after the termination of employment, if necessary, at regular intervals, in respect of workplaces where work involves risk to health. It also provides that the costs in connection with such examination shall be paid by the employer or the State according to the rules laid down by the minister. The Committee hopes that these amendments to the Factories and Workplaces Act will be adopted in the near future and requests the Government to keep it informed in this respect.

11. Article 15. Appointment of a competent person or use of a competent service. The Committee notes that the Government has indicated that employers are required to appoint a competent service either when the services of a competent service are needed, for purposes such as monitoring exposure levels or in a case of emergency. Please indicate the specific provisions of national legislation that require the appointment of a competent person or the use of a competent independent service by employers in such circumstances.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes from the Government’s report that the provisions of the Convention are also applied by the Factories Act (Act No. 441), and the Mines and Minerals Act (Cap 329). The Committee notes however that, with the exception of sections 38, 39 and 69 of the Factories Act which deal with aspects of air pollution, neither Act 441 nor Act 329 provide for other aspects of air pollution, noise and vibration. The Committee notes that the legislative provisions to satisfy the requirement of the Convention with regard to vibration, which the Government had indicated in its previous report would be adopted after a study undertaken in this respect, have not been adopted. The Committee hopes that such provisions will be adopted in the near future and that they will give effect to Articles 2, 4, 8, 9, 12 and 14 of the Convention with regard to vibration.

2. Further to its previous comments, the Committee asks the Government to provide supplementary information relating to the following points.

Article 6, paragraph 2. The Committee notes the information that the inspectors from Mines Safety Inspectorate and Factories Inspectorate advise employers who undertake activities simultaneously at one workplace, on measures to be taken to address the problems of air pollution, noise and vibration. The Committee would be grateful if the Government would  indicate the particulars of the procedures prescribed by the competent authority for such collaboration between two or more employers undertaking activities simultaneously at one workplace.

Article 7, paragraph 2. The Committee notes the information that training is done through seminars and workshops to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment. The Committee would be grateful if the Government would provide more particulars about the procedures available to workers or their representatives to present proposals and to obtain training.

Article 8, paragraphs 2 and 3. The Committee notes the information that regulations are not yet in place to establish the criteria for determining the hazards of exposure to noise and vibration in the working environment and to specify their exposure limits. Exposure limits to air pollution are, however, covered by the regulations under Statutory Instrument No. 14 of 1996. The Committee also notes that a copy of the tables of guideline limits for Ambient Air Pollution Regulation 3 and the table of long-term emission limits for air pollution by type of industry/process currently in use in Zambia, indicated as having been sent with the Government’s report, have not been received. The Committee requests the Government to take the necessary measures to establish the criteria for determining the hazards of exposure to noise and vibration in the working environment and to specify their exposure limits. It also requests the Government to communicate a copy of the regulations under Statutory Instrument No. 14 of 1996 including the tables of guideline limits for Ambient Air Pollution Regulation 3 and the table of long-term emission limits for air pollution by type of industry/process currently in use in Zambia. Please also describe the procedures by which the established criteria and exposure limits are regularly supplemented and revised in the light of current international knowledge and data.

The Committee notes the information that the most representative organizations of employers and workers concerned are the Zambia Federation of Employers and the Zambia Congress of Trade Unions, but that neither organization has designated technically competent persons to address the problems of air pollution, noise and vibration. The Committee requests the Government to take the necessary measures to ensure that the most representative organizations of employers and workers designate the said technically competent persons as soon as possible.

Article 10. The Committee requests the Government to indicate the measures taken to ensure that workers are protected in analogous cases of excessive exposure to air pollution and vibration as those provided for in sections 67 to 69 of the Environmental Protection and Pollution Control Act, 1990, for excessive exposure to noise. Please indicate which specific directives (referred to in section 69(2) of the 1990 Act for noise) are given by the Inspectorate to protect workers exposed to excessive levels of air pollution, noise and vibration. Please also send a copy of the enclosure from the Environment Council of Zambia which has not been received with the Government’s report.

Article 11, paragraphs 1 and 2. The Committee notes the Government’s indication that the Occupational Health and Safety Bill when enacted into law will give effect to this provision of the Convention with a view to ensuring the supervision of the health of workers exposed or liable to be exposed to occupational hazards due to air pollution, noise or vibration, including preassignment medical examination and periodical examination, as determined by the competent authority. The Committee hopes that the said Bill will soon be enacted and a copy communicated to the Office.

3. The Government is requested to supply information concerning the application of the following provisions of the Convention.

Article 5, paragraph 4. Please provide the particulars of the provisions which give the opportunity to representatives of the employer and of the workers of the undertaking to accompany inspectors supervising the application of the prescribed measures.

Article 6, paragraph 1. Please provide indications as to the specific provisions of national legislation that make employers  responsible for compliancewith the measures prescribedin national legislation that give effect to the Convention. Please provide a copy of the Occupational Health and Safety Bill or a copy of the adopted Act.

Article 7, paragraph 1. Please provide indications as to the specific provisions of national legislation requiring workers to comply with safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration in the working environment.

Article 15. Please provide indications of the specific provisions of national legislation providing for the circumstances in which and the conditions on which employers are required to appoint a competent service to deal with the prevention and control of air pollution, noise and vibration in the working environment. Please provide a copy of the Mines and Minerals Regulations of 1977 which was referred to but not enclosed in the Government’s report.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's report in reply to its previous comments.

1. The Committee notes from the Government's report that the provisions of the Convention are also applied by the Factories Act (Act No. 441), and the Mines and Minerals Act (Cap 329). The Committee notes however that, with the exception of sections 38, 39 and 69 of the Factories Act which deal with aspects of air pollution, neither Act 441 nor Act 329 provide for other aspects of air pollution, noise and vibration. The Committee notes that the legislative provisions to satisfy the requirement of the Convention with regard to vibration, which the Government had indicated in its previous report would be adopted after a study undertaken in this respect, have not been adopted. The Committee hopes that such provisions will be adopted in the near future and that they will give effect to Articles 2, 4, 8, 9, 12 and 14 of the Convention with regard to vibration.

2. Further to its previous comments, the Committee asks the Government to provide supplementary information relating to the following points:

Article 6, paragraph 2. The Committee notes the information that the inspectors from Mines Safety Inspectorate and Factories Inspectorate advise employers who undertake activities simultaneously at one workplace, on measures to be taken to address the problems of air pollution, noise and vibration. The Committee would be grateful if the Government would indicate the particulars of the procedures prescribed by the competent authority for such collaboration between two or more employers undertaking activities simultaneously at one workplace.

Article 7, paragraph 2. The Committee notes the information that training is done through seminars and workshops to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment. The Committee would be grateful if the Government would provide more particulars about the procedures available to workers or their representatives to present proposals and to obtain training.

Article 8, paragraphs 2 and 3. The Committee notes the information that regulations are not yet in place to establish the criteria for determining the hazards of exposure to noise and vibration in the working environment and to specify their exposure limits. Exposure limits to air pollution are, however, covered by the regulations under Statutory Instrument No. 14 of 1996. The Committee also notes that a copy of the tables of guideline limits for Ambient Air Pollution Regulation 3 and the table of long-term emission limits for air pollution by type of industry/process currently in use in Zambia, indicated as having been sent with the Government's report, have not been received. The Committee requests the Government to take the necessary measures to establish the criteria for determining the hazards of exposure to noise and vibration in the working environment and to specify their exposure limits. It also requests the Government to communicate a copy of the regulations under Statutory Instrument No. 14 of 1996 including the tables of guideline limits for Ambient Air Pollution Regulation 3 and the table of long-term emission limits for air pollution by type of industry/process currently in use in Zambia. Please also describe the procedures by which the established criteria and exposure limits are regularly supplemented and revised in the light of current international knowledge and data.

The Committee notes the information that the most representative organizations of employers and workers concerned are the Zambia Federation of Employers and the Zambia Congress of Trade Unions, but that neither organization has designated technically competent persons to address the problems of air pollution, noise and vibration. The Committee requests the Government to take the necessary measures to ensure that the most representative organizations of employers and workers designate the said technically competent persons as soon as possible.

Article 10. The Committee requests the Government to indicate the measures taken to ensure that workers are protected in analogous cases of excessive exposure to air pollution and vibration as those provided for in sections 67 to 69 of the Environmental Protection and Pollution Control Act, 1990, for excessive exposure to noise. Please indicate which specific directives (referred to in section 69(2) of the 1990 Act for noise) are given by the Inspectorate to protect workers exposed to excessive levels of air pollution, noise and vibration. Please also send a copy of the enclosure from the Environment Council of Zambia which has not been received with the Government's report.

Article 11, paragraphs 1 and 2. The Committee notes the Government's indication that the Occupational Health and Safety Bill when enacted into law will give effect to this provision of the Convention with a view to ensuring the supervision of the health of workers exposed or liable to be exposed to occupational hazards due to air pollution, noise or vibration, including preassignment medical examination and periodical examination, as determined by the competent authority. The Committee hopes that the said Bill will soon be enacted and a copy communicated to the Office.

3. The Government is requested to supply information concerning the application of the following provisions of the Convention:

Article 5, paragraph 4. Please provide the particulars of the provisions which give the opportunity to representatives of the employer and of the workers of the undertaking to accompany inspectors supervising the application of the prescribed measures.

Article 6, paragraph 1. Please provide indications as to the specific provisions of national legislation that make employers responsible for compliance with the measures prescribed in national legislation that give effect to the Convention. Please provide a copy of the Occupational Health and Safety Bill or a copy of the adopted Act.

Article 7, paragraph 1. Please provide indications as to the specific provisions of national legislation requiring workers to comply with safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration in the working environment.

Article 15. Please provide indications of the specific provisions of national legislation providing for the circumstances in which and the conditions on which employers are required to appoint a competent service to deal with the prevention and control of air pollution, noise and vibration in the working environment. Please provide a copy of the Mines and Minerals Regulations of 1977 which was referred to but not enclosed in the Government's report.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

With reference to its previous comments, the Committee notes the information supplied by the Government as well as the adoption of the Environmental Protection and Pollution Control Act, 1990, which gives effect to certain provisions of the Convention with respect to measures for prevention, control of and protection against occupational hazards in the working environment due to air pollution and noise.

1. The Committee notes that no measures were prescribed by national legislation for the prevention and control of, and protection against, occupational hazards due to vibration. The Committee notes the Government's statement in its report concerning legislative provisions which will be made to satisfy the requirement of the Convention with regard to vibration after a study undertaken in this respect. The Committee hopes that such provisions will be adopted in the near future and that they will give effect to Articles 2, 4, 8, 9, 12 and 14 of the Convention with regard to vibration.

2. The Committee asks the Government to provide supplementary information relating to the following points:

Article 6, paragraph 2. The Committee notes that inspectors will make administrative arrangements for collaboration between two or more employers undertaking similar activities at one workplace. The Government is requested to indicate the manner in which it is established the duty of two or more employers undertaking activities simultaneously at one workplace to collaborate in order to comply with the prescribed measures.

Article 7, paragraph 2. The Committee notes that workers through their representative organizations are free to make proposals on matters concerning their safety and health, and these organizations may consult the appropriate government authorities as regards those proposals. The Government is requested to describe the procedure available to workers or their representatives to obtain training so as to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8, paragraphs 2 and 3. The Committee notes that draft regulations designed to establish, supplement and revise criteria and exposure limits of air pollution, noise and vibration in the working environment are elaborated with the participation of technical committees as well as certain bodies such as the Council for Scientific Research, the Mines Safety Department, the Zambia Bureau of Standards, the Ministry of Health, the Factories Department and non-governmental organizations concerned with the conservation of nature. The Government is requested to indicate which representative organizations of employers and workers concerned have designated technically competent persons for the purpose of this Article. Please describe the procedures by which the established criteria and exposure limits are regularly supplemented and revised in the light of current international knowledge and data.

Article 10. The Committee notes that in conformity with section 69(2) of the Environmental Protection and Pollution Control Act, 1990, workers exposed to excessive levels of noise shall be adequately protected in accordance with the directives of the Inspectorate. The Government is requested to indicate the methods prescribed for determining whether the exposure limits which are established by the Environmental Council, according to section 67(b) of this Act, are exceeded, and which specific directives are given by the Inspectorate to protect workers exposed to such excessive levels of air pollution, noise and vibration. Please indicate the measures taken to ensure that workers are protected in analogous cases against hazards due to air pollution and vibration.

Article 11, paragraphs 1 and 2. The Committee notes the Government's declaration concerning the supervision of workers' health which is required in cases of emergency such as the presence of highly toxic substances and excessive noise levels. The Committee recalls that, in accordance with these provisions of the Convention, the supervision of the health of workers exposed or liable to be exposed to occupational hazards shall include a pre-assignment medical examination and periodical examinations at suitable intervals; both of those types of examinations are to be free of cost for the workers. The Government is requested to indicate measures ensuring the supervision of the health of the above-mentioned categories of workers.

3. The Government is requested to supply information concerning the application of the following provisions of the Convention:

Article 5, paragraphs 1, 2 and 4: Procedures followed for consulting the most representative organizations of employers and workers and for associating representatives of employers and workers in the elaboration of provisions concerning the practical implementation of measures prescribed in order to give effect to the provisions of the Convention;

Article 6, paragraph 1: Provisions under which employers shall be made responsible for compliance with the measures prescribed in the national legislation that give effect to the Convention;

Article 7, paragraph 1: Provisions under which workers shall be required to comply with safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration in the working environment;

Article 11, paragraphs 3 and 4: Measures taken to provide workers, whose continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable, with suitable alternative employment, or to maintain their income; measures ensuring that the rights of workers under social security or social insurance legislation are not adversely affected;

Article 13: Steps ensuring that all persons concerned shall be informed of potential occupational hazards and instructed in the measures available for the prevention and control of, and protection against, those hazards;

Article 15: Circumstances in which and conditions on which employers are required to appoint a competent person or use a competent service to deal with the matters specified.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In earlier comments, the Committee noted that there was no legislation which applied the provisions of the Convention. In a report received in June 1988 the Government indicated that the National Council for Scientific Research in conjunction with the Ministry of Commerce and Industry was working on measures to satisfy the requirements of the Convention, including legislation to limit exposure to air pollution, noise and vibration. In 1989, the Committee had expressed the hope that the Government would take all necessary measures in the very near future to give full effect to the Convention and requested the Government to indicate any progress made in this regard. The Committee notes that, in its report for 1989, the Government, having once again indicated that there was no legislation applying the provisions of the Convention, stated that active measures had been initiated to enact appropriate legislation to cover salient features of the Convention, and that it was anticipated that the next report would contain details of the new legislation. The Committee recalls that, in ratifying this Convention, the Government has undertaken to establish laws or regulations prescribing that measures be taken for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration, as required by Article 4 of the Convention and to ensure that measures are taken for the application of all Articles of the Convention. The Committee, therefore, looks forward to examining the legislation announced by the Government as well as information on further measures taken for the full application of the Convention. It hopes that the Government will soon indicate the concrete steps taken in this regard and supply copies of relevant legislative texts.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

In earlier comments, the Committee noted that there was no legislation which applied the provisions of the Convention. In a report received in June 1988 the Government indicated that the National Council for Scientific Research in conjunction with the Ministry of Commerce and Industry was working on measures to satisfy the requirements of the Convention, including legislation to limit exposure to air pollution, noise and vibration. In 1989, the Committee had expressed the hope that the Government would take all necessary measures in the very near future to give full effect to the Convention and requested the Government to indicate any progress made in this regard.

The Committee notes that, in its latest report, the Government, having once again indicated that there is no legislation at the moment which applies the provisions of the Convention, states that active measures have been initiated to enact appropriate legislation to cover salient features of the Convention, and that it is anticipated that the next report will contain details of the new legislation. The Committee recalls that, in ratifying this Convention, the Government has undertaken to establish laws or regulations prescribing that measures be taken for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration, as required by Article 4 of the Convention and to ensure that measures are taken for the application of all Articles of the Convention. The Committee, therefore, looks forward to examining the legislation announced by the Government as well as information on further measures taken for the full application of the Convention. It hopes that the Government will soon indicate the concrete steps taken in this regard and supply copies of relevant legislative texts.