Prevention of Major Industrial Accidents Convention, 1993 (No. 174) - Zimbabwe (Ratification: 2003)

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

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 the following Conventions together: Conventions Nos 155 (occupational safety and health), 161 (occupational health services), 162 (asbestos), 174 (prevention of major industrial accidents) and 176 (safety and health in mines).

The Committee takes note of the Government’s report and the supplementary information in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 16 September 2020. It also notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) received on 29 September 2020, as well as the Government’s reply in its supplementary report.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Article 4 of the Convention. National policy on occupational safety and health. Following to its previous comments, the Committee notes that the Government’s indication in its report and in its supplementary information that the national OSH policy adopted in 2014 was reviewed in September 2019 and is scheduled to be published by the end of 2020. The Committee also takes due note that, according to paragraph 4.19 of the 2019 draft OSH policy, the policy will be reviewed every five years in consultation with social partners. Welcoming these measures, the Committee requests the Government to continue to provide further information on the adoption of the revised OSH policy, as well as on its implementation. The Committee also requests the Government to provide a copy of the OSH policy, once published, and any documents subsequently published related to its periodic reviews.

Article 9(2). Adequate penalties for violations. The Committee notes the observations of the ZCTU, according to which, the penalties provided for by current national legislation remain low and are not deterrent enough. The Committee notes the additional information provided by the Government in response to the ZCTU that the draft OSH Act will increase the penalties in this regard. Its section 48 provides for fines increased from level 6 to level 10 and/or an imprisonment of not more than two years. Moreover, any person who causes an occupational death of another person at the workplace shall be guilty of an offence of homicide, to which the Criminal Law applies. The Committee requests the Government to pursue its efforts to ensure the provision of adequate penalties for OSH violations, including through the adoption of the OSH Act in the near future, as well as any further measures taken to ensure their effective application. It also requests the Government to provide information on the application of the relevant provisions in practice, including the violations detected and the penalties imposed.

Article 11(a), (c) and (e). Progressive carrying out of functions to give effect to the national policy. The Committee previously noted that the Government’s indication that the National Social Security Authority (NSSA) is responsible for the carrying out of the functions enumerated in this Article of the Convention. It noted that the referenced legislation only gives partial effect to this Article and it requested information on the effect given to Article 11(a), (c) and (e).

The Committee notes the Government’s indication, with respect to Article 11(a), that there is a team of OSH inspectors and promotion officers in all provinces, who carry out hazard identification and risk assessment in all industrial sectors. With respect to Article 11(c), the Government also indicates that the procedures for notification are laid out in section 48 of Statutory Instrument (SI) 68 of 1990 (National Social Security Authority (Accident Prevention and Compensation Schedule) (Prescribed Matters) Notice) and that penalties will be imposed on employers who fail or delay reporting of occupational injuries and diseases. With respect to Article 11(e), the Committee also notes that the NSSA produces annual statistical reports on occupational injuries, diseases and fatalities reported under the Workers’ Compensation Scheme. The Government further states that the draft OSH Act, once adopted, will give effect to Article 11 of the Convention. Pending the adoption of the OSH Act, the Committee requests the Government to continue provide information on how effect is given to this Article, particularly clauses (a), (c) and (e), in law and in practice.

Article 15. Measures to ensure coordination between various authorities. The Committee notes the Government’s indication, in response to its previous comments, that the Zimbabwe Occupational Safety and Health Council (ZOSHC) provides advices to the Minister of Public Services, Labour and Social Welfare (MPSLS) on OSH policy issues. It also holds quarterly meetings chaired by the Permanent Secretary of MPSLS and NSSA. The ZOSHC also supervises the OSH activities of NSSA on behalf of the Minister. In particular, it coordinates OSH-related bodies as well as other authorities responsible for environment, radiation protection and energy regulation where there is a need for their participation and inputs. The Government also indicates that the MPSLS and the NSSA carry out joint activities, including joint inspections between officials from the MPSLS and OSH inspectors. The Committee takes note of this information.

Article 17. Cooperation between two or more undertakings engaged in activities simultaneously at one workplace. The Committee previously noted the absence of legislative provisions on this issue.

The Committee notes the Government’s indication that section 12 of SI 68 of 1990 provides for the overall responsibility on the principal contractor to oversee the work carried out by other contractors. The Government also states that the draft OSH Act will address this issue. The Committee urges the Government to ensure that full effect will be given to Article 17 by the new OSH Act with a view to ensuring that whenever two or more undertakings engage in activities simultaneously at one workplace, they shall collaborate in applying the OSH requirements. Pending its adoption, the Committee requests the Government to provide information on how the cooperation between two or more undertakings engaged in activities simultaneously at one workplace is ensured in practice.

Article 18. Measures to deal with emergencies and accidents, including first-aid arrangements. The Committee notes that, in response to its previous comment, the Government refers to Part VII of SI 68 of 1990, which provides for the employers’ responsibility to render first aid in case of any accident and to transport the worker to hospital. The Committee also notes that the paragraph 4.10 of the national OSH policy provides that every workplace shall have an emergency preparedness and response plan and procedure. The Government further indicates that the draft OSH Act further provides for the obligations of employers in this regard, including the provision of first aid and other proper treatments (section 21(2)(v)). The Committee requests the Government to continue to provide information on the measures taken to give effect to Article 18 of the Convention.

Article 19(c)–(e). Measures to ensure workers’ participation. The Committee notes the Government’s information that the draft OSH Act requires the employer with five or more workers to elect a safety and health representative and to establish safety and health committees where two or more safety and health representatives are appointed or elected. In practice, NSSA promotion officers assist companies to establish safety and health committees in order to ensure social dialogue in OSH management. Pending the adoption of the OSH Act, the Committee requests the Government to provide information on any measures undertaken or envisaged, in practice, to ensure workers’ participation as provided for by Article 19 (c)–(e) of the Convention.

Occupational Health Services Convention, 1985 (No. 161)

Article 2 of the Convention. National policy on occupational health services. The Committee notes the Government’s reference in its report to the national OSH policy, as revised in 2019. Its paragraph 7.2(b) provides that every employer shall have occupational health services which will assure insofar as practicable that no worker shall suffer diminished health, functional capacity, or life expectancy as a result of his work activities and that in the event that an occupational disease is contracted, the worker is suitably treated, rehabilitated and compensated. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the effective implementation of the national OSH policy, with regard to the occupational health services.

Articles 3 and 7. Establishment and organization of occupational health services. In its previous comments, the Committee noted the establishment of occupational health services in certain occupations. The Government stated that the new OSH Act would extend the requirement for occupational health services to all workplaces.

The Committee notes the observations of the ZCTU that effective occupational health services are not provided in all companies. The Committee notes the Government’s reference to the draft OSH Act, section 28 of which provides for the establishment of occupational health services at both the national and enterprise levels. The Government also states that the NSSA promotes the establishment of occupational health services in practice, and that most large companies have established such services. Moreover, the NSSA provides occupational health services in complement to those at undertaking level through its mobile clinic facility, which covers various sectors as well as remote areas. The Committee requests the Government to continue providing information on the measures taken and envisaged, to progressively develop occupational health services, including the implementation of the OSH Act provisions in this respect, once adopted.

Article 5. Functions of occupational health services. The Committee notes the Government’s reference to the draft OSH Act, section 28 of which provides for the functions of occupational health services. The Committee also notes the Government’s indication that, in practice, the NSSA carries out promotional activities by informing employers on their responsibilities in this regard, including hazard identification and risk assessment, surveillance of workers’ health and insurance of occupational hygiene and ergonomics. It also carries out assessments and surveys to monitor the practice in industries. Moreover, the NSSA provides guidance to industries on the type of surveillance on OSH issues appropriate to different workplaces, with reference to international good practices. The Committee requests the Government to ensure that the new OSH Act gives full effect to Article 5 of the Convention. Pending its adoption, the Committee requests the Government to continue providing information on the measures taken or envisaged in practice to ensure that the functions of occupational health services are effectively carried out as are appropriate to the occupational risks of the undertaking.

Article 8. Cooperation between the employer and the workers. The Committee previously noted the Government’s reference to section 1(q) of SI 68, which provides for the employers’ obligation on the establishment of safety and health committees comprised of workers and management representatives.

The Committee notes the observations of the ZCTU that some companies fail to ensure the bipartite social dialogue between the employer and the health and safety representative in this regard. The Committee notes the Government’s response in its supplementary information that it agrees with the ZCTU observations that the enforcement of relevant provisions regarding OSH committee and representatives need to be reinforced in order to strengthen social dialogue on OSH issues at the undertaking level. The Committee requests the Government to provide further information on any measures taken or envisaged to ensure that the employer, the workers and their representatives cooperate and participate in the implementation of the organizational and other measures relating to occupational health services on an equitable basis, including in the context of the implementation of the new OSH Act, once adopted.

Article 9. Operation of occupational health services. The Committee previously noted that the Government listed the different types of professions relevant to occupational health services and that these professionals collaborate to provide such services when the workplace setting requires it.

The Committee notes that section 28(5) of the draft OSH Act provides that the occupational health services may liaise with the worker’s personal doctor in order to determine if there is any relation between the reasons for ill health or absence and any hazards which may be present at the workplace. However, the Committee notes that the draft OSH Act does not seem to contain any provisions providing for the composition of personnel or the cooperation with other services in the undertaking. The Committee requests the Government to provide further information on the measures taken, in law or practice, to give full effect to Article 9 of the Convention, including through the adoption of the OSH Act.

Article 10. Full professional independence of occupational health services. The Committee notes the Government’s indication, in response to the Committee’s previous request for information on the implementation of Article 10, that the registration and regulation of occupational health practitioners is provided for by the draft OSH Act and its implementing regulations. The Committee observes that, however, the draft OSH Act does not seem to contain any provisions concerning the professional independence of occupational health services. The Committee requests the Government to provide information on how the professional independence of occupational health services is ensured, in particular in the context of the development of the new OSH Act and its implementing regulations.

Article 11. Qualifications of personnel providing occupational health services. The Committee previously noted the Government’s statement that the personnel providing occupational health services are required to have a minimum certificate level of qualification, over and above their basic qualification.

The Committee notes the Government’s indication, in response to the Committee’s request on how effect is given to Article 11, that the new OSH Act will address this issue. The Committee notes that, according to section 3 of the draft OSH Act, the term “occupational medical practitioner” refers to a person who is registered as such under any law relating to the registration of medical practitioners and is qualified in occupational health or occupational medicine; and “occupational medicine practitioner” refers to a medical doctor with postgraduate training in occupational medicine or occupational health. The Committee observes that the draft OSH Act does not seem to contain specific provisions regarding the qualifications of other personnel providing occupational health services. The Committee requests the Government to continue to provide information on the measures taken to ensure the determination of the qualifications required for personnel providing occupational health services.

Article 15. Information of occurrences of ill health among workers and absence from work for health reasons. Following its previous comments, the Committee notes that, according to section 28(4) and (5) of the draft OSH Act, the employer shall inform the enterprise Occupational Health Services of occurrences of ill health amongst workers and absences from work for health reasons, in order for the Occupational Health Services to be able to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace. The Committee requests the Government to provide further information on the measures taken, in law or practice, to give full effect to Article 15 of the Convention, including through the adoption of the OSH Act.

B. Protection from specific risks

Asbestos Convention, 1986 (No. 162)

Article 19 of the Convention. Employers’ responsibility for disposal of waste containing asbestos. Following its previous comments, the Committee notes that section 70 of the Environmental Management Act prohibits the discharge of disposal of any wastes in such a manner as to cause pollution to the environment or ill health to any persons. It also provides that hazardous waste shall be transported by persons with a valid licence, to a waste disposal site established in accordance with a licence issued by the Environmental Management Board. Moreover, those whose activities generate waste shall employ measures essential to minimise wastes through treatment, reclamation and recycling. The Committee also notes that SI 10 of 2007 on Hazardous Waste Management Regulations classifies waste asbestos as hazardous waste (4th Schedule, A2050). The Committee takes note of this information.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

Article 2 of the Convention. Plans to address special problems of a substantial nature. The Committee notes the Government’s indication, in response to its previous request that, considering the limitations in the current legislation, the envisaged regulation on the prevention of major industrial accidents will ensure the implementation of the Convention. The Committee requests the Government to indicate if there are special problems of a substantial nature making it not immediately possible to implement all the preventive and protective measures provided for in the Convention. If so, the Committee requests the Government to draw up plans, in consultation with the most representative organizations of employers and workers and with other interested parties who may be affected, for the progressive implementation of the said measures within a fixed time frame.

Article 5. Development of a system for the identification of major hazard installations. The Committee previously noted that the identification of major hazard installations was conducted through the general inspection system by the NSSA.

The Committee notes the observations of the ZCTU that workers are not consulted regarding the development of the identification system of major hazard installations. The Committee also notes the Government’s indication that specific provisions for a system of the identification of major hazard installations will be clearly elaborated in the envisaged regulation on the prevention of major industrial accidents. The Government also stated that, once the new OSH Act is adopted, the related ancillary statutory instruments will be put in place, including a statutory instrument on the identification of major hazard installations. The Committee requests the Government to take the necessary measures to ensure that the establishment of a system for the identification of major hazard installations is institutionalized by the envisaged regulation on the prevention of major industrial accidents. Pending the adoption of such regulatory instruments, the Committee requests the Government to continue to provide information on the identification of major hazard installations through the general inspection system in practice.

Article 8. Notification of the existence and closure of any major hazard installation. Following its previous requests, the Committee notes the Government’s reference to section 10 of the Factories and Works Act and section 3 of the Factories and Works (Registration and Control of Factories) Regulations, stating that all major hazard installations are currently covered by the above legislation. The Committee observes that the above legislative provisions only provide for the registration of factories of a general nature, without specifying requirements for the notification of the existence and closure of major hazard installations. The Government also indicates that the envisaged regulation in this regard will address the requirements of this Article. The Committee requests the Government to ensure that the envisaged regulation on the prevention of major industrial accidents gives full effect to Article 8 of the Convention, and to provide information on any progress made in this regard.

Article 9(a)–(c) and (g). Documented system of major hazard prevention. Following its previous comments, the Committee notes the Government’s reference to a series of legislation regarding employers’ general duties in hazard control and reporting. The Government also states that, considering the limitation of the current legislation, provisions of Article 9(a)–(c) and (g) will be incorporated into the envisaged regulation on the prevention of major industrial accidents. The Committee requests the Government to ensure that the envisaged regulation will give full effect to Article 9 of the Convention and that it is adopted in the near future.

Articles 10–12. Requirements for employers to prepare, review, update and amend safety reports and to transmit them to the competent authorities. The Committee previously noted the Government’s reference to the envisaged OSH Act and SI 68 of 1990, regarding employers’ obligation of accident registration reports to the competent authority.

The Committee notes the Government’s indication that the envisaged regulation on the prevention of major industrial accidents will address the safety reports in compliance with Articles 10–12 of the Convention. The Committee also notes that, according to section 3 of the draft OSH Act, safety record is defined as a written presentation of the technical management and operational information covering the hazards and risks of a major hazard installation and their control and providing justification for the measures taken for the safety of the installation. However, the draft OSH Act does not seem to contain specific provision on the preparation, review, update and amendment of safety reports, and their transmission to the competent authority. The Committee requests the Government to take measures to ensure that the full effect is given to the requirements of Articles 10–12 of the Convention within the framework of the current legislative reform.

Article 15. Establishment and regular updating of off-site emergency plans and procedures to protect the public and the environment outside the sites of hazardous installations. Following its previous comments on progress made to implement Article 15 of the Convention, the Committee notes the Government’s indication that consultations will be held with the social partners in this regard, once the regulation on prevention on major industrial accidents is drafted. The Committee requests the Government to provide information on the measures taken or envisaged, in order to ensure that emergency plans and procedures containing provisions for the protection of the public and the environment outside the site of each major hazard installation are established, updated at appropriate intervals and coordinated with the relevant authorities and bodies. It also requests the Government to continue providing information on any legislative developments in this regard.

Article 16. Duties of the competent authority prior to, and in the context of, a major accident. The Committee notes that, according to the Government, during the consultation with stakeholders on the envisaged regulation, information will be disseminated on hazards and risks associated with major hazard installations, as well as on safety measures and behavioural conduct required in case of an emergency. While taking note of the measures planned by the Government, the Committee recalls that, by virtue of Article 16 of the Convention, such information shall be disseminated by the competent authority to members of the public liable to be affected by a major accident without their having to request it and that such information is updated and redisseminated at appropriate intervals. The competent authority must also ensure that warning shall also be given as soon as possible in the case of a major accident. The Committee requests the Government to provide information on any measures taken or envisaged to ensure that the competent authority undertakes its duties prior to, and in the context of, a major accident, as required by Article 16 of the Convention, without being limited to the process of consultation on the envisaged regulation.

Article 20. Rights of workers and their representatives. Following its previous comments, the Committee notes the Government’s indication that sections 1–5 of 3rd Schedule of SI 68 on the general rights and duties of employers and workers also apply to major hazard installation. The Committee also notes the Government’s indication that the envisaged regulation will incorporate the provisions of Article 20 of the Convention. The Committee requests the Government to take the necessary measures to ensure that envisaged regulation gives full effect of Article 20 of the Convention. Pending adoption of such regulation, the Committee requests the Government to provide information on the consultative process with the workers and their representatives at a major hazard installation and the measures taken in order to ensure that their rights are protected and there is a safe system of work in practice.

Article 22. Requirement for an exporting State to make certain information available to an importing State. The Committee notes the Government’s statement that the envisaged regulation will include such provisions. Pending the adoption of such regulation, the Committee requests the Government to provide further information on the measures taken or envisaged, in practice, to give effect to this Article of the Convention.

Application of Convention No. 174 in practice. Noting an absence of information in this respect, the Committee once again requests the Government to provide information on the number of major hazard installations identified, and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported.

C. Protection in specific branches of activity

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

Article 5(2)(d) of the Convention. Compilation and publication of statistics. The Committee notes the ZCTU’s reference in its observations to an increase in the number of occupational diseases among artisanal mine workers, as well as in the number of accidents and injuries recorded.

The Committee notes that, according to the information in the Government’s report, partial statistics on occupational diseases are included in the annual statistical report of the NSSA. Acknowledging the limitations and the underreporting of occupational diseases, the Government indicates that the reporting and compilation occupational diseases will be improved through further capacity-building of occupational health personnel and the extended coverage of occupational health services provided for by the new draft OSH Act. The Committee requests the Government to take the necessary measures to ensure the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences, including through the capacity-building of relevant personnel and within the context of current legislative reform. It also requests the Government to provide information on any progress made in this regard.

Article 5(5). Plans of workings. Following its previous comments, the Committee notes that, according to section 234 of the Mines and Minerals Act, certain works may only be erected or constructed upon the approval of the plan by the mining commissioner, including machinery or plant used for the treatment of ores, concentrates, tailings, slimes or other residues; dumps; dams for the storages of waste water or slimes; compounds for the employees; buildings of a permanent natures; sewage disposal works; recreation grounds and roads. Section 239 of the Act also provides that certain works may be constructed without the plan being approved, including dumps other than tailings; residences for not more than 32 persons and roads not exceeding 4 metres in width without artificial surface. The Committee also notes the Government’s indication that the Mining Inspectorate monitors plans of working for mines. The Committee takes notes of this information.

Article 13(1)–(4). Rights of workers and their representatives. The Committee previously noted the Government’s reference to paragraph 5(d) of the national policy on OSH on worker’s right to refuse to undertake unsafe work and section 4(1) of the Labour Act (No. 16/1985) on workers committees.

The Committee notes the Government’s indication that the draft OSH Act provides for specific rights of workers and their representatives with respect to OSH issues in all workplaces, particularly section 22 on workers’ rights and section 38 on OSH representatives and committees. The Committee urges the Government to pursue its efforts to give full effect to Article 13 of the Convention to ensure the rights of workers and their representatives, including through the adoption of the OSH Act in the near future.

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

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 the following Conventions together: Conventions Nos 155 (occupational safety and health), 161 (occupational health services), 162 (asbestos), 170 (chemicals), 174 (prevention of major industrial accidents) and 176 (safety and health in mines).

The Committee takes note of the Government’s report and the supplementary information in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 16 September 2020. The Committee also notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) received on 29 September 2020, as well as the Government’s reply in its supplementary report.

Draft Occupational Safety and Health Act. The Committee notes the information provided by the Government in its report indicating that the new Occupational Safety and Health (OSH) Act, with the objective of achieving greater compliance with the OSH Conventions ratified by Zimbabwe, has been submitted to the Cabinet Committee on Legislation for subsequent submission to Cabinet. The Committee also notes the statement of the ZCTU that it has been party to the development of the Act. In this context, the Committee requests the Government to take into account the comments that it is making on the application of Conventions Nos 155, 161, 162, 170, 174 and 176. The Committee requests the Government to provide information on the developments in this regard and to transmit a copy of any new legislation once it has been adopted.

Occupational Safety and Health Convention, 1981 (No. 155)

Application of the Convention in practice. The Committee notes that, according to the observations of the ITUC, in 2018, the National Social Security Authority (NSSA) registered a spike in fatal workplace accidents, with 5,965 injuries and 70 fatalities recorded compared to 5,007 injuries and 65 fatalities recorded in 2017, indicating a 19 per cent increase. Mining, agriculture and forestry, metal production, transport and storage and manufacturing are among the most accident-prone sectors. In particular, the working conditions of healthcare workers in Zimbabwe is dire and health facilities are understaffed and have low OSH standards. The situation has worsened with the COVID-19 pandemic breakout as hospitals are faced with unreliable access to water, which impedes their efforts to implement hygiene measures. The ITUC calls for the taking of preventive and protective measures to fight COVID-19 and for the provision of adequate personal protective gear to healthcare workers.

The Committee notes the Government’s statement that it has embarked on joint inspections so as to effectively carry out monitoring and inspections in workplaces on OSH matters even during the COVID-19 lockdown period. The Government indicates that 3,767 inspections have been undertaken for the period from 1 September 2019 to 30 September 2020, including 2,636 factory inspections and assessments conducted at various workplaces. The Committee also notes the information provided by the Government in its report on Convention No. 170 that it remains a challenge to transfer cases of violations detected to the court due to limited understanding of the judicial system on OSH issues and weak deterrent penalties. The Government indicates that, in this regard, awareness-raising activities and trainings are organized for the judicial system in order to facilitate prosecution. The Committee requests the Government to provide its comments with respect to the observations of the ITUC. It also requests the Government to provide information on any measures taken or envisaged to address the increasing number of occupational accidents, and to provide statistics such as on occupational accidents and diseases broken down by sector of occupation, age and gender and on the development of the number of the workforce. The Committee further requests the Government to take adequate preventive and protective measures to ensure a safe working environment for all workers in the context of the COVID-19 pandemic, particularly healthcare workers.

Article 13. Protection of workers removed from situations presenting imminent and serious danger. The Committee notes the Government’s indication, in reply to its previous comments, that paragraph 5(d) of the national OSH policy provides for workers’ right to refuse to undertake any work that has not been rendered safe. The Committee also notes the Government’s reference to the draft OSH Act, section 22(2) of which provides for workers’ right to refuse to do work which is likely to cause imminent danger to his or her safety or health. The Committee requests the Government to take measures to ensure that workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health shall be protected from undue consequences, and to provide information on any legislation adopted in this respect.

Article 16. Duties of the employer to ensure safety at the level of the undertaking. The Committee previously noted that the national legislation referenced by the Government did not appear to impose a general duty on employers to ensure that, so far as is reasonably practicable, the workplaces, machinery, equipment and processes under their control are safe and without risk.

The Committee notes the Government’s information that the draft OSH Act explicitly outline the duties of employers to provide a safe working environment (section 21). The Committee requests the Government to take measures to ensure the draft OSH Act provides for a general duty on employers to, so far as is reasonably practicable, ensure safety at the level of the undertaking, as required by Article 16 of the Convention.

Asbestos Convention, 1986 (No. 162)

Legislation. The Committee previously noted the Government’s indication that it envisaged the adoption of legislation on OSH and of regulations on asbestos, which would give wider coverage to the control of occupational exposure to chrysotile (white asbestos). The Committee notes the observations of the ZCTU, according to which, the current regulations do not cover all forms of asbestos. The Committee also notes the Government’s indication in its report that the envisaged regulation on asbestos will cover all forms of asbestos as provided for by Article 2 of the Convention and give effect to all the provisions of the Convention. Noting that the Government has been referring to the asbestos regulations since 2014, the Committee requests the Government to ensure that, in the context of the current legislative reform, full effect is given to: Article 14 (labelling of asbestos and products containing asbestos); Article 15(4) (provision of adequate respiratory protective equipment by the employer); Article 17 (demolition of plants and structures containing asbestos); and Article 20(4) (workers’ and their representatives’ right to request to appeal to the competent authority concerning the results of the monitoring of the working environment). The Committee also requests the Government to continue providing information on any progress made regarding the adoption of the envisaged regulation on asbestos, and to provide a copy once adopted.

Article 6(2) and (3) of the Convention. Cooperation between employers and preparation of procedures for dealing with emergency situations. The Committee previously noted the promotional activities carried out by the National Social Security Authority (NSSA for the establishment of emergency preparedness programmes and industrial assessments on this subject in all major sectors of the economy.

The Committee notes the Government’s indication that the envisaged regulation on asbestos in this regard will provide for the establishment of a cooperation mechanism between employers operating at the same workplace, as well as the draft OSH Act. The Committee requests the Government to ensure that the envisaged regulation on asbestos and the new OSH Act give full effect to this Article. Pending their adoption, the Committee requests the Government to provide information on how employers undertaking activities simultaneously at one workplace cooperate in order to comply with health and safety measures in practice, as prescribed by Article 6(2) of the Convention.

Article 15(1) and (2). Exposure limits and periodic review. The Committee previously noted that the occupational exposure limit was fixed at 0.5f/ml, with a review planned aimed at lowering the limit to 0.1f/ml. In this respect the Committee notes the Government’s indication that the exposure limit for chrysotile asbestos has been reviewed and is set at 0.1f/ml. The Government also states that the exposure limit is provided for by the 2017 NSSA Guidelines for Occupational Exposure Limits for Chemical Contaminants and Dusts, and that the guidelines will further be upgraded to regulatory provisions under the envisaged hazardous substances regulation and asbestos regulation. The Committee requests the Government to continue to provide information on any progress made regarding the adoption of relevant regulatory provisions prescribing limits for the exposure of workers to asbestos or other exposure criteria and the periodic review in this regard, due consideration being given to technological progress and advances in technological and scientific knowledge.

Article 21. Medical examinations. Following its previous comments, the Committee notes the Government’s repeated reference to the Third Schedule of SI (Statutory Instrument) 68 of 1990 on Accident Prevention and Workers Compensation (sections 1(l) and 5(c)) and the Factories and Works (General) Regulations of 1976 (section 11), which provide for medical examinations for workers potentially exposed to harmful substances in all industries, including the chrysotile asbestos industry. Additionally, Part V of the Pneumoconiosis Act provides for medical examinations and, in particular, chest x-rays, for workers working in dusty occupations (defined in the Act to include work in or on a mining location or any other area where there is a dust-producing process). The Government also indicates that specific provisions on medical examinations will further be provided for by the envisaged regulation on asbestos. The Committee recalls that, pursuant to Article 21(1) of the Convention, workers must be provided with such medical examinations as are necessary to supervise their health in relation to the occupational hazard, and to diagnose occupational diseases caused by exposure to asbestos, which may require examination after the termination of employment. The Committee requests the Government to ensure that specific provisions on medical examination for workers exposed to asbestos, including after their employment is terminated or ended, are included in the envisaged regulation on asbestos, in conformity with Article 21 of the Convention. Pending the adoption of such regulation, the Committee requests the Government to provide information on how medical examinations for workers exposed to asbestos are carried out in practice, under the current legislative provisions of a general nature.

Application of Convention No. 162 in practice. The Committee notes the Government’s indication that there have not been any contraventions reported to date. It also states that the OSH Inspectorate of the NSSA regularly carries out inspections in chrysotile asbestos manufacturing factories to ensure their compliance with the Factories and Works Act and other related legislative provisions. The Government further indicates that there are challenges of implementation due to limited resources with respect to the acquisition of equipment and accessories. The Committee requests the Government to strengthen its efforts to provide statistical information on the application of the Convention, including the relevant reports of the NSSA in this regard, specifically information on the number of workers covered by the legislation, the number of occupational diseases reported as being caused by asbestos and the number and nature of contraventions reported.

Chemicals Convention, 1990 (No. 170)

Article 6(1) of the Convention. Classification systems. Following its previous comments, the Committee notes the Government’s indication that SI 12 of 2007 on Hazardous Substances, Pesticides and other Toxic Substances Regulations is repealed by SI 268 of 2018 on Hazardous Substances General Regulations, which provides for labelling for different hazardous substances. The Committee observes that SI 268 of 2018 does not appear to contain specific criteria for the classification of all chemicals. The Government indicates that, considering the limitation in national legislation with regard to the requirements of Article 6(1) of the Convention, a specific regulation addressing hazardous chemical agents will be formulated together with the draft OSH Act, in order to provide specific guidance on the classification and labelling of chemicals in accordance with the Globally Harmonized System of Classification and Labelling of Chemicals. The Committee therefore requests the Government to ensure the establishment of systems and specific criteria for the classification of all chemicals, as well as procedures for their labelling, including through the adoption of the envisaged regulation on hazardous chemical agents. Pending the adoption of such regulation, the Committee requests the Government to provide information on how chemicals are classified in practice as well as their labelling.

Application of Convention No. 170 in practice. The Committee previously noted that the NSSA and the Environmental Management Agency (EMA) monitor and enforce the legislative provisions relative to the registration and labelling of chemicals and impose penalties when violations are detected.

The Committee notes that, according to the observations of the ZCTU, due to the limits of the monitoring system, there are still cases in which employers expose workers to hazardous work environments where non-labelled chemicals are used. The Committee notes the Government’s indication that during 4,285 inspections in various sectors, 117 cases of chemical exposure were discovered, including 17 in agriculture, but that the statistics are not disaggregated by specific chemical stressor. The Government also states that improvement notices were issued in most cases of violations detected. The Committee requests the Government to continue providing information on the number of inspections conducted in this regard, the number and nature of contraventions reported, and the number and nature of penalties imposed.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

Articles 4 and 17 of the Convention. Formulation, implementation and periodic review of a coherent national policy and establishment of a comprehensive siting policy. Following its previous comments, the Committee notes the observations of the ZCTU that the Government has not started the legislative review regarding the siting of major hazard installations.

The Committee also notes the Government’s indication in its report that a specific regulation on the prevention of major industrial accidents will be developed incorporating key provisions of the Convention. The Government states that this envisaged regulation will include provisions on the siting of major hazard installations. The Committee further notes the Government’s indication that the national OSH policy, as revised in 2019, indicates in paragraph 4.18 that major accident hazards shall be managed through an effective systems approach including proper siting of the major hazard installation following policies and procedures, as spelt out by the Government from time to time. With reference to the additional points raised in the corresponding direct request, the Committee urges the Government to strengthen its efforts to give full effect to the Convention. It requests the Government to continue providing information on any progress in this regard, including provisions on the siting of major hazard installations, and to provide a copy of the text of the above regulation once adopted. The Committee also requests the Government to continue providing information on the implementation and periodic review of the national OSH policy regarding the aspects specific to major hazard installations, in consultation with the most representative organizations of employers and workers and with other interested parties who may be affected.

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

Article 16(2) of the Convention. Inspection services and application of the Convention in practice. The Committee notes the reference of the ITUC in its observations to several fatal accidents in the mining industry registered in 2018–19, including two major accidents which killed 37 persons. The ITUC also refers to the 2018 report of the Zimbabwe Chamber of Mines, according to which 81 fatal accidents were recorded in 2018, in comparison with 32 in 2017, representing an increase of 153 per cent. Falls of ground (48 per cent), gas accidents (14.8 per cent) and shaft accidents (7.4 per cent) were the major causes of fatal accidents. The ITUC indicates that the high rate of fatal accidents results from poor design of mining sites and a lack of supervision of mining operations. It alleges that there is non-compliance with safety and hygiene rules in the mining sector aimed at protecting workers from COVID-19. The Committee further notes the observations of the ZCTU referring to the limited resources available that hamper the implementation of monitoring activities.

The Committee notes the Government’s indication that limited resources are available for monitoring, and that this results from an unfavourable economic situation. The Government also states that strategies will be put in place to ensure that the few available resources are used for effective inspection activities. The Committee notes with concern the significant increase in fatal accidents in the mining sector, and urges the Government to take the necessary measures to ensure the availability of the necessary resources for appropriate inspection services in this regard. It requests the Government to provide information on the number of inspections undertaken in mines, the number of cases of non-compliance detected and the issues to which they relate, as well as the remedial measures ordered and penalties imposed. It further requests the Government to provide detailed information on the number of occupational accidents in the mining sector, including fatal occupational accidents, disaggregated by cause and by age.

The Committee is raising other matters in a request addressed directly to the Government.

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

Legislation. The Committee notes that once again the Government has indicated that the harmonization and review of occupational health and safety (OSH) legislation is still ongoing, including consultation with the social partners. The Committee once again requests the Government to report on any progress in this regard, and to provide a copy of the text of any legislative developments.

Article 2 of the Convention. Plans to address special problems of a substantial nature. The Committee notes that the Government refers to a series of legislative texts, as providing for the current management of major industrial accidents and comprising tentative plans to address the special problems in this area, while formulation of the new OSH Act is in progress. However, the Committee notes that the legislation to which it refers does not appear to be fully relevant to this Article of the Convention. The Committee requests the Government to provide information on the specific legislative provisions providing for plans to address special problems of a substantial nature that may arise.

Articles 4 and 17. Formulation, implementation and periodic review of a coherent national policy and establishment of a comprehensive siting policy. The Committee notes the indication that the national OSH policy, which covers all workplaces (including major hazard installations), has been reviewed but that, in light of the Committee’s comments, the Government intends to consult the relevant stakeholders concerning the development of a comprehensive siting policy. Against this background, the Committee once again wishes to highlight that one of the main purposes of this Convention is to ensure that governments take the measures required to prevent major industrial accidents in order for their effects to be mitigated so far as is reasonably possible, which includes arranging for the appropriate separation of proposed major hazard installations from working and residential areas and public facilities, and appropriate measures for existing installations through a siting policy (Article 17). The Committee therefore requests the Government to provide further information on the aspects of the reviewed OSH policy specific to major hazard installations and to provide information on the consultations held with regard to the development of a siting policy and on the results of these consultations.

Article 5. Development of a system for the identification of major hazard installations. The Committee notes the indication that while the identification of major hazard installations is currently done through the general inspection system, the Government is considering the elaboration of a regulation on the prevention of major industrial accidents which would provide for an identification system specific to major hazard installations. The Committee requests the Government to take the necessary measures to establish a system for the identification of major hazard installations, based on a list of hazardous substances or of categories of hazardous substances or both, together with their respective threshold quantities. It also requests the Government to provide further information on the envisaged regulation on the prevention of major industrial accidents and on the proposed identification system, and to communicate any legislation relevant to the application of this Article of the Convention.

Article 8. Notification of the existence and closure of any major hazard installation. The Committee notes that pursuant to section 3 of the Factories and Works (Registration and Control of Factories) Regulation No. 262 of 1976 (hereinafter “Regulation No. 262”), the National Social Security Authority (NSSA) must be notified when a new major hazard factory opens or when it closes down. The Committee requests the Government to provide further information on the effect given to this Article, specifically on the notification to the competent authority of an existing major hazard installation and on the legislation which applies to installations not covered by Regulation No. 262.

Article 9(a)–(c) and (g). Documented system of major hazard prevention. The Committee notes that, in addition to referring to a series of legislative instruments, the Government indicates that employers must establish and maintain documented systems of major hazard control which include provisions for the identification and analysis of hazards and the assessment of risks, and provide for the implementation of technical measures to control the occurrence of major accidents. The Government also lists the key points relevant to emergency preparedness and response planning programmes on which employers are audited by inspection services on an annual basis. However, the Committee notes that the legislation referenced by the Government is of a general nature and is not relevant to this Article of the Convention, which requires a system with very specific measures, namely those set forth in subparagraphs (a)–(c) and (g). The Committee requests the Government to provide detailed information on the manner in which effect is given to subparagraphs (a)–(c) and (g) of this Article of the Convention, including specific references to relevant legislation.

Articles 10–12. Requirements for employers to prepare, review, update and amend safety reports and to transmit them to the competent authorities. The Committee notes that, according to the Government, Regulation No. 262 requires an employer to notify the competent authority and to obtain a certificate of operation before operating a major hazard installation and that the Factories and Works Act and the third Schedule of the NSSA (Accident and Prevention and Workers’ Compensation Scheme) notice. Statutory Instrument 68 of 1990 (hereinafter “SI 68”), require them to keep accident registers and to provide detailed accident reports to the competent authority. It also notes the indication that the new OSH Act will provide for regular safety reports as a preventative measure. The Committee requests the Government to provide further details on the measures taken or envisaged, namely with regard to the new OSH Act, to ensure that employers prepare, review, update and amend a safety report on the basis of the requirements of Article 9, and transmit or make it available to the competent authority.

Article 15. Establishment and regular updating of off-site emergency plans and procedures to protect the public and the environment outside the sites of hazardous installations. The Committee notes the Government’s indication that it will undertake comprehensive consultations with the responsible authorities with regard to the elaboration of a regulation on the prevention of major industrial accidents, including on off-site emergency plans. The Committee once again requests the Government to provide information on the consultations held, including the organizations consulted and the outcome of these consultations, and on any progress made in giving effect to this Article of the Convention.

Article 16. Duties of the competent authority prior to, and in the context of, a major accident. The Committee notes that, according to the Government, information on safety measures is disseminated to the public through workshops and seminars, and that the NSSA holds an annual OSH conference where employers and workers are provided with relevant information on OSH. However, the information provided by the Government and the legislation referenced does not demonstrate the effect given to this Article of the Convention. The Committee requests the Government to provide detailed information on the measures taken or envisaged to ensure that the competent authority fulfils the responsibilities enumerated in this Article.

Article 20. Rights of workers and their representatives. The Committee notes the Government’s indication that sections 1–5 of SI 68 provide for the rights and duties of employers and workers, including the establishment of safety and health committees and the right to information and training, and that the consultation of workers and their representatives on issues relating to OSH is done through the Zimbabwe OSH Council. However, the Committee notes that the legislation referenced by the Government is of a general nature and that it does not appear that workers and their representatives are granted the rights and duties specific to major hazard installations enumerated in this Article. The Committee once again requests the Government to provide detailed information on the measures taken or envisaged to give full effect to each of the requirements listed in this Article of the Convention.

Article 22. Requirement for an exporting State to make certain information available to an importing State. The Committee notes the Government’s statement that, as an exporting State, it will consider introducing a provision compelling it to transmit information on national prohibitions to importing States. The Committee requests the Government to provide further information on the measures taken, in law and in practice, to give effect to this Article of the Convention.

Application of the Convention in practice. The Committee notes that a 2011 survey by the NSSA identified 24 major hazard installations in the country and uncovered that none of the 19 establishments evaluated had established systematic safety reports, largely due to the absence of an explicit legislative requirement compelling them to do so. The Committee also notes that, in view of these findings, the survey recommended the formulation of a specific regulation on the prevention of major industrial accidents which would include the requirement for employers to establish regular safety reports. The Committee requests the Government to provide information on the measures taken to follow up the recommendation formulated in the NSSA’s survey regarding safety reports and to continue to provide information on the number of major hazard installations identified, and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc.

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

Legislation. The Committee notes the information that there have been no legislative changes which affect the application of the Convention, but that a new occupational safety and health (OSH) law is under review by the Ministry of Labour and Social Service. The Committee has requested the Government to keep the Office informed of the development in this respect and to transmit copies of any new legislation, once it has been adopted, in the context of the application of the Occupational Safety and Health Convention, 1981 (No. 155). The Committee also notes the information that consideration will be given to formulate detailed regulations to cover, in particular, most aspects of the provisions of this Convention. The Committee requests the Government to report on progress in this respect. The Committee welcomes the submission of relevant up-to-date legislation and practices and also notes the information provided regarding effect given to Articles 6 and 19 of the Convention.

Article 2 of the Convention. Plans to address special problems of a substantial nature. The Committee notes the Government’s indication that the abovementioned newly envisaged OSH legislation would provide for the formulation and implementation of regulations concerning major hazard installations and prevention of major accidents involving hazardous substances through the Zimbabwe Occupational Safety and Health Council (ZOSHC). The Committee requests the Government to give information about tentative plans to address special problems until the promulgation of the new OSH legislation.

Articles 4 and 17. Formulation, implementation and periodic review of a coherent national policy. The Committee notes the information that no specific national policy has been adopted concerning the matters covered by the present Convention, but that reference is made to the national policy on OSH in general, which is under review. The Committee also notes the references made to numerous pieces of legislation which, according to the Government, provide for the “management of major industrial accidents”. Against this background, the Committee wishes to underscore that one of the main purposes of this Convention is to ensure that governments take the measures required in order to prevent major industrial accidents so that their effects are mitigated as far as is reasonably possible. The focus of this Convention is thus not on the management of the individual major hazardous installations and the workers they employ, but rather on the management of the associated risks to which the public and the environment would also be exposed should a major accident occur. One of these preventive measures would be to develop a comprehensive siting policy arranging for the appropriate separation of proposed major hazard installations from working and residential areas, as provided in Article 17. While policy issues relevant to the application of the present Convention are closely related to general OSH policy issues, and could usefully form a part thereof, the policy issues relevant for the present Convention are thus distinct as to their purpose and focus. Against this background the Committee requests the Government to provide further detailed information on measures taken to formulate, implement and periodically review a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents in accordance with Article 4 and, in this context, also develop a comprehensive siting policy in accordance with Article 17.

Article 15. Establishment and regular updating of off-site emergency plans and procedures to protect the public and the environment outside the sites of hazardous installations. The Committee notes the information provided by the Government that the Environmental Management Act (EMA) is responsible for the protection of the public, and of the environment in general, from risks emanating from major hazardous installations. The Committee notes the declared intention of the Government to pursue consultations with the main actors in relation to major hazard installations in order to raise awareness of the need to put in place emergency procedures to protect the public and environment outside major hazardous installations. The Committee also notes the information that the EMA is placing increased emphasis on the conduct of environmental impact assessments/audits. The Committee would like to emphasize that the establishment and regular updating of off-site emergency plans and procedures to protect the public and the environment outside the sites of hazardous installations is essential in order to prevent, but also in order to mitigate, the impact of any possible major accident. The availability, for all parties concerned, of adequate and up-to-date information on the products and chemicals in use can be crucial in this context. The Committee requests the Government to provide further information on the specific measures taken to ensure that effect is given to this Article of the Convention, both in law and in practice, in consultation with, and based on, information provided by the employers and competent authorities.

Article 22. Requirement for an exporting state to make certain information available to an importing state. The Committee notes that the information provided by the Government on the importation requirement regarding pesticides and toxic substances, including registration to the Environment Management Board. The Committee notes, however, the absence of information regarding the obligations under this Article which regulates issues from an exporting state’s perspective. The Committee requests the Government to provide further information regarding national requirements for the transmission of information from Zimbabwe to an importing state on national prohibitions for use of hazardous substances, technologies or processes as a potential source of a major industrial accident.

With reference to its previous comment, the Committee notes although the Government has provided some information in its report, the Committee needs further and more detailed information to enable it to understand and evaluate the effect given, in law and in practice, to the following Articles of the Convention:

–           Article 5. Development of a system for the identification of major hazard installations;

–           Article 8. Notification requirements concerning existing and new hazardous installations;

–           Article 9(a)–(c) and (g). Provisions requiring a documented system of major hazard control, including risk assessment, technical and organizational preventive measures;

–           Articles 10–12. Requirements for employers to prepare, review, update and amend safety reports and to transmit them to the competent authorities;

–           Article 16. Duties of the competent authority prior to, and in the context of, a major accident; and

–           Article 20. Consultation with workers and their representatives through appropriate cooperative mechanisms.

The Committee requests the Government to provide additional information on the application in law and in practice of the abovementioned Articles and also to transmit detailed information on all relevant developments in this regard.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government on efforts to be made in 2010–11 to identify major hazard installations in the country, including the number of workers who are exposed to risks at such installations. With reference to the foregoing and its comment under Articles 4 and 17 above, the Committee requests the Government to provide further information on the envisaged inventory of major hazardous installations in the country and include information on assessments made of the possible impact major industrial accidents involving these installations may have on the public and the environment. Please also refer to the comment made this year regarding the application of the Occupational Safety and Health Convention, 1981 (No. 155).

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

The Committee notes the communication sent by the Zimbabwe Congress of Trade Unions received on 21 September 2009. The Committee will examine this communication along with any comments that the Government may deem relevant to make thereon. Noting also that the Government’s report has not been received the Committee must repeat its previous direct request, which reads as follows:

The Committee notes the information provided in the Government’s first report on the application of this Convention as well as the documents appended thereto. It notes the references made to ongoing legislative reforms in the area of occupational safety and health in general referred to in the context of the Government’s report on the application of the Chemicals Convention, 1990 (No. 170), and the indications in the present report that consultations through the Zimbabwe Occupational Health and Safety Council (ZOHSC) are being carried out involving the relevant ministries administering to rationalize existing legislation in the area covered by the present Convention. The examination of this first report on the application of the Convention indicates that the Committee would need further clarifications on the application in law and in practice on a large number of provisions in this Convention. In the context of the ongoing legislative reform the Committee requests the Government to give detailed consideration to measures required to bring national legislation into conformity with the Convention. The Committee invites the Government to examine the possibility of requesting technical assistance from the Office for this purpose.

Application of the Convention. The Committee notes that further clarification is required on the effect given, in law and in practice, to the following Articles of the Convention:

–      Article 2 – Plans to address special problems of a substantial nature;

–      Articles 4 and 17 – Formulation, implementation and periodical review of a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents and establishment of a comprehensive siting policy providing for separation of proposed major hazard installations from working and residential areas and public facilities;

–      Article 5 – Development of a system for the identification of major hazard installations;

–      Article 6 – Provisions to protect confidential business information;

–      Article 8 – Notification requirements concerning exiting and new hazardous installations;

–      Article 9(a)–(c) and (g) – Provisions requiring a documented system of major hazard control including risk assessment, technical and organizational preventive measures;

–      Articles 10–12 – Requirements for employers to prepare, review, update and amend safety reports and to transmit them to the competent authorities;

–      Article 15 – Establishment and regular updating of off-site emergency plans and procedures to protect the public and the environment outside the sites of hazardous installations;

–      Article 16 – Duties of the competent authority prior to and in the context of a major accident;

–      Article 19 – Right for the competent authority to suspend activities posing a risk;

–      Article 20 – Consultation with workers and their representatives through appropriate cooperative mechanisms;

–      Article 22 – Requirement for exporting State to make certain information available to importing State.

The Committee requests the Government to provide it with additional information on the application in law and in practice of the abovementioned Articles and to transmit detailed information on all relevant developments in this regard.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in the country, including, if this information is available, extracts from inspection reports, information on the number of workers covered by the legislation, the number and nature of infringements reported, etc.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information provided in the Government’s first report on the application of this Convention as well as the documents appended thereto. It notes the references made to ongoing legislative reforms in the area of occupational safety and health in general referred to in the context of the Government’s report on the application of the Chemicals Convention, 1990 (No. 170), and the indications in the present report that consultations through the Zimbabwe Occupational Health and Safety Council (ZOHSC) are being carried out involving the relevant ministries administering to rationalize existing legislation in the area covered by the present Convention. The examination of this first report on the application of the Convention indicates that the Committee would need further clarifications on the application in law and in practice on a large number of provisions in this Convention. In the context of the ongoing legislative reform the Committee requests the Government to give detailed consideration to measures required to bring national legislation into conformity with the Convention. The Committee invites the Government to examine the possibility of requesting technical assistance from the Office for this purpose.

2. Application of the Convention. The Committee notes that further clarification is required on the effect given, in law and in practice, to the following Articles of the Convention:

–      Article 2 – Plans to address special problems of a substantial nature.

–      Articles 4 and 17 – Formulation, implementation and periodical review of a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents and establishment of a comprehensive siting policy providing for separation of proposed major hazard installations from working and residential areas and public facilities.

–      Article 5 – Development of a system for the identification of major hazard installations.

–      Article 6 – Provisions to protect confidential business information.

–      Article 8 – Notification requirements concerning exiting and new hazardous installations.

–      Article 9, paragraphs (a)–(c) and (g) – Provisions requiring a documented system of major hazard control including risk assessment, technical and organizational preventive measures.

–      Articles 10–12 – Requirements for employers to prepare, review, update and amend safety reports and to transmit them to the competent authorities.

–      Article 15 – Establishment and regular updating of off-site emergency plans and procedures to protect the public and the environment outside the sites of hazardous installations.

–      Article 16 – Duties of the competent authority prior to and in the context of a major accident.

–      Article 19 – Right for the competent authority to suspend activities posing a risk.

–      Article 20 – Consultation with workers and their representatives through appropriate cooperative mechanisms.

–      Article 22 – Requirement for exporting State to make certain information available to importing State.

The Committee requests the Government to provide it with additional information on the application in law and in practice of the abovementioned Articles and to transmit detailed information on all relevant developments in this regard.

3. Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in the country, including, if this information is available, extracts from inspection reports, information on the number of workers covered by the legislation, the number and nature of infringements reported, etc.