Occupational Safety and Health Convention, 1981 (No. 155) - 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 the information from the Government indicating that no legislative changes have occurred since its last report and that the new Occupational Safety and Health (OSH) Act, in the objective of achieving greater compliance with the OSH Conventions ratified by Zimbabwe, is still under review by the Ministry of Labour and Social Service. In this context, the Committee once again hopes that the Government will take into account the comments that it has made on the application of the present Convention, as well as the other OSH Conventions ratified by Zimbabwe. The Committee requests the Government to provide information on the developments in this regard and to transmit copy of any new legislation once it has been adopted.

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

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

Article 11(a), (c) and (e). Progressive carrying out of functions to give effect to the national policy. The Committee notes that while the Government indicates that the NSSA is responsible for the carrying out of the functions enumerated in this Article of the Convention, namely through Part IV of the Factories and Works Act, the third schedule of the National Social Security Authority (Accident Prevention and Workers’ Compensation Scheme) Notice, SI 68 of 1990 (hereinafter “SI 68”), and the Factories and Works (General) Regulation No. 263 of 1976 (hereinafter “Regulation No. 263”), the referenced legislation only gives partial effect to this Article. The Committee requests the Government to provide more detailed information on how effect is given to this Article in law and in practice.

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

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

Article 16. Duties of the employer to ensure safety at the level of the undertaking. The Committee notes the Government’s indication that in addition to SI 68, the Factories and Works Act and Regulation No. 263 state the various duties imposed upon employers. However, the Committee notes that the referenced legislation does not appear to impose a general duty on employers to ensure that, so far as is reasonably practicable, the workplaces, machinery, equipment and processes under their control are safe and without risk. The Committee once again requests the Government to provide further information on measures taken, in law and in practice, to give full effect to this Article of the Convention.

Article 17. Cooperation between two or more undertakings engaged in activities simultaneously at one workplace. The Committee notes the Government’s indication that despite the absence of legislative provisions on this issue, the NSSA conducts promotional programmes and activities to ensure that when two or more employers conduct activities at one workplace, they have the responsibility to ensure that workers are protected against occupational hazards arising from their activities. The Committee requests the Government to provide further information on the measures taken or envisaged, in law and in practice, to give full effect to this Article of the Convention.

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

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

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

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

Further to its observation, the Committee notes the information provided regarding effect given to Articles 5(e), 10 and 21 of the Convention and requests the Government to provide additional information on the following points.

Article 4 of the Convention. National policy on occupational safety and health. The Committee notes the information regarding the adoption of a national policy on occupational safety and health (OSH) initially adopted in 1993 following the relaunch of the tripartite Zimbabwe Occupational Safety and Health Council (ZOSHC) and the establishment of the National Social Security Authority (NSSA) with the responsibility to administer both OSH and social security. It also notes the information that this national OSH policy is reviewed every five years, that the most recent policy covers the period 2006–10, and that this national policy is currently under review. The Committee requests the Government to continue to provide information on the development of its national OSH policy in tripartite consultation, including on the methodology used in the review process and how it builds on experiences gained and takes into account scientific and developmental progress. It also requests the Government to submit a copy of the new OSH policy for 2011–16 as soon as it has been adopted.

Article 5(b). Implementation of provisions dealing with the relationship between the material elements of work and the person. In response to its previous comments, the Committee notes the Government’s reference to the third schedule of SI 68, paragraph 1(a)–(f), on the duties of employers regarding OSH measures, and to the Factories and Works (Registration and Control of Factories) Regulations No. 262 of 1976, section 11. With reference to the General Survey of 2009 on occupational safety and health, paragraph 68, the Committee wishes to underscore that this provision refers to the need to ensure that machinery, equipment, working time arrangements, organization of work, and work processes are adapted to the physical and mental capacities of the workers and that this adaptation is an important element of prevention of occupational accidents and diseases, including, in particular, musculoskeletal diseases. The Committee requests the Government to provide more detailed information on how effect is given to this Article in practice.

Article 8. Measures to give effect to the national policy on OSH. While the Committee is aware that a new OSH law and a new OSH policy is being prepared, it notes with interest that the promotion and implementation, in cooperation with the social partners, of OSH management systems in all sectors of the economy is a key element of the current national OSH strategy 2006–10 and that promotional and advocacy programmes are carried out at national and workplace levels with the objective that 10 per cent of the targeted workplaces should have established such OSH management systems. The Committee notes that this paves the way for a ratification of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), as reflected in the ILO Plan of Action (2010–16) to achieve widespread ratification of Convention No. 155, its 2002 Protocol and Convention No. 187 (see www.ilo.org/wcmsp5/groups/public/---ed_norm/---normes/documents/genericdocument/wcms_125616.pdf), Convention No. 187 usefully complements Convention No. 155. The Committee requests the Government to transmit a copy of the new legislation once it has been adopted and to provide further information on progress made in its implementation.

Article 16. Employers’ duty to ensure that the workplaces, machinery, equipment and processes under their control, as well as the chemical, physical and biological substances and agents, are safe and without risk to health. The Committee notes that, in response to the Committee’s previous comment, the Government refers to the third schedule of the National Social Security Authority (Accident Prevention and Worker’s Compensation Scheme) Notice, 1990, SI 68, section 1. The Committee notes that while the referenced legislation places an obligation on employers to ensure the application of prescribed rules and regulations in the specific areas at issue, it does not appear to impose a general duty on employers to ensure that, so far as is reasonably practicable, the workplaces, machinery, equipment and processes under their control are safe and without risk. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give full effect to this provision of the Convention.

Article 18. Specific provisions containing measures to deal with emergencies and accidents, including adequate first-aid arrangements. The Committee notes that in response to its previous comment the Government refers to the Factories and Works (Registration and Control of Factories) Regulations No. 262 of 1976, section 13, and the Factories and Works (General) Regulations No. 263 of 1976, sections 10, 13 and 14, which include specific provisions for first aid and certain emergencies such as flooding, exposure to dangerous substances and processes, as well as fire. The Committee notes, however, that the referenced legislation, including the third schedule of SI 68, paragraph 1, does not prescribe a general duty for employers to take measures to deal with other emergencies and accidents. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give full effect to this Article of the Convention.

Article 19(c)–(e). Measures to ensure workers’ participation. The Committee notes that the Government, in its response to the Committee’s comment, refers to the third schedule of SI 68, in particular
subparagraphs (m)–(o). These provisions regulate, inter alia, that workers should be provided with instructions and training and that they should be provided with relevant information, instruction and supervision on OSH matters. The Committee notes, however, that the referenced legislation does not regulate the corresponding rights of the workers’ representatives as provided in Article 19(c)–(d), nor the right, in accordance with Article 19(e), for workers and their representatives and, as the case may be, their representative organizations, to enquire into, and be consulted by, the employer on all aspects of OSH and to bring in technical advisers from outside the undertaking for that purpose. The Committee requests the Government to provide additional information on measures taken, in law and in practice, to give full effect to subparagraphs (c)–(e) of Article 19.

With reference to its previous comments, and noting that the Government’s report is silent in these respects, the Committee reiterates its request to the Government to provide additional information on how effect is given, in law and in practice, to the following Articles of the Convention:

–           Article 11(a)–(f). Progressive carrying out of functions to give effect to the national policy;

–           Article 12. Obligations for those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use;

–           Article 13. Protection of workers removed from situations presenting imminent and serious danger;

–           Article 15. Measures to ensure coordination between various authorities and bodies;

–           Article 17. Measures to ensure that two or more enterprises, which engage in activities simultaneously at one workplace, collaborate; and

–           Article 19(f). Handling of imminent and serious danger at the workplace.

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

Legislation. The Committee notes the information from the Government indicating 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. In this context, the Committee hopes that the Government will take into account the comments that have been made by the Committee in the context of the application of the present Convention as well as the other OSH Conventions ratified by Zimbabwe. The Committee requests the Government to keep the Office informed of the developments in this regard and to transmit copies of any new legislation once it has been adopted.

Part V of the report form. Article 9(2) of the Convention. Application in practice. Adequate penalties for violations of the laws and regulations. Statistical information. The Committee notes that in response to its previous comments, the Government refers to the monitoring functions entrusted to the inspectorate services, including the requirements related to the registration and licensing of hazardous substances also monitored by the inspectorate services. In terms of statistical information, the Government merely notes that there are about 1,300,000 workers covered by national legislation in the formal sector, and an unknown number of workers in the informal economy, and that there were 146 (unspecified) contraventions. The Government does not provide any further statistical data, nor more detailed information based on the work of the inspectorate services. In this context, and with reference to the ILO Plan of Action (2010–16) to achieve widespread ratification of Convention No. 155, its 2002 Protocol and Convention No. 187 (see www.ilo.org/wcmsp5/groups/
public/---ed_norm/---normes/documents/genericdocument/wcms_125616.pdf), the Committee invites the Government to consider developing its recording and notification systems and to consider a ratification of the Protocol of 2002 to the present Convention, which regulates issues related thereto. As regards the comments by the Zimbabwe Congress of Trade Unions (ZCTU) that the penalties and fines for non-compliance with the law on occupational health are too low, the Government indicates that, although under current legislation violations were fined and properly followed up, the new OSH law which is under review will provide for stiffer penalties for violations of the OSH law. Levels of fines in Zimbabwe range from levels one to 14, where one is the lowest. The penalties provided for in the new law will range from ten to 14. The Committee also notes that in comments made on the application of other OSH Conventions ratified by the Government, the ZCTU further considers that the main shortcomings in the application lies in the monitoring and enforcement of relevant national legislation and that another notable challenge is the court system where OSH cases are allegedly not given priority and prosecutions can take more than two years to be brought before the courts. Against this background, the Committee requests the Government to respond to the comments by the ZCTU by providing further detailed information on the application in practice of both existing, as well as any future, legislation with regard to the present Convention; to submit information regarding the sanctions which apply for breaches of national OSH legislation and the follow-up thereto; and to keep the Committee informed of any developments regarding the recording and notification system in the country.

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

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:

Further to its observation, the Committee requests the Government to provide additional information on the following points.

Article 4, read in conjunction with Articles 6 and 7 of the Convention. Formulation, implementation and periodical review of a coherent national policy on occupational safety and health (OSH). The Committee notes the Government’s statement that a national policy has been developed by the Zimbabwe Occupational Health and Safety Council (ZOHSC), the main thrust of which is to prevent occupational injuries and diseases, and that any future review of this policy would also be carried out by this body. The Committee notes, however, that it is unclear when this policy was adopted. The Committee also notes the Government’s statement that the ZOHSC is a tripartite body which is also engaged in the implementation of the national OSH policy. The Committee requests the Government to clarify when the national policy was adopted, the periodical review foreseen for this policy, as well as further details concerning the function, composition and activities of the ZOHSC in relation to the practical implementation and review of the national policy in question.

Article 5, subparagraph (e). Protection of workers and their representatives from disciplinary measures. The Committee notes that the national policy referred to above does not include any reference to the need to protect workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the policy and that no further information is provided by the Government on this point. The Government is requested to indicate how effect is given, in law and in practice, to this Article of the Convention.

Article 8. Measures taken to give effect to a national coherent policy on occupational safety and health. The Committee notes the Government’s reference to promotional and advocacy programmes established at national and enterprise level and the ongoing efforts to promote and implement occupational safety and health management systems as a means to create and sustain a preventive safety and health culture. The Government is requested to submit further information on the promotional and advocacy programmes and their impact as well as on the efforts made to implement OSH management systems and the result thereof.

Article 16. Employers’ duty to ensure that the workplaces, machinery, equipment and processes under their control as well as the chemical, physical and biological substances and agents are safe and without risk to health. The Committee notes the Government’s references to the third schedule of the National Social Security Authority (Accident Prevention and Workers’ Compensation Scheme) Notice, 1990, SI 68 (SI 68) as well as to the Factories and Works Act, but also notes that the mentioned schedule and Act do not contain specific provisions dealing with the employers’ duties referred to in this Article of the Convention. The Government is requested to indicate measures taken, in law and in practice, to give effect to this Article.

Article 19, subparagraphs (c), (d) and (e). Measures to ensure that workers’ representatives are given adequate information and appropriate training and that they can have recourse to technical experts. The Committee notes the Government’s reference to the third schedule of SI 68 and points out that the indicated provisions do not contain any specific provisions dealing with measures ensuring that workers’ representatives are given adequate information and appropriate training in the matter of OSH and the possibility to bring in technical experts from the outside. The Committee requests the Government to provide additional information on measures taken, in law and in practice, to give effect to these subparagraphs of Article 19.

Article 19, subparagraph (f). Removal from work where there is an imminent and serious danger. The Committee notes the Government’s general reference to the third schedule of SI 68, and that the referenced schedule contains no provision giving effect to this subparagraph of Article 19 of the Convention. The Committee requests the Government to provide additional information on measures taken, in law and in practice, to give effect to these subparagraphs of Article 19.

Article 21. Ensuring that OSH measures do not involve any expenditure for the workers. The Committee notes the Government’s reference to the provisions of the third schedule of SI 68 and to section 8 of the Factories and Works (General) Regulations, 1976. It notes that the mentioned provisions lay down that protective clothing and appliances must be provided free of charge. The Committee also notes that in accordance with section 58 of SI 68 employers shall defray any expenses incurred by a worker as the result of accident arising out of, and in the course of, his/her employment, and that the national legislation, as available, does not contain any general requirement in this respect. The Government is requested to indicate measures ensuring that occupational safety and health measures will not involve any expenditure for the workers.

The Committee requests the Government to provide additional information on how effect is given, in law and in practice, to the following Articles of the Convention:

–      Article 5(b) – the implementation of provisions dealing with the relationship between the material elements of work and the persons;

–      Article 10 – measures to provide guidance to employers and workers so as to help them to comply with legal obligations;

–      Article 11(a) to (f) – progressive carrying out of the functions enumerated in this Article to give effect to the national policy;

–      Article 12 – obligations for those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use;

–      Article 13 – workers’ right related to removal from a work situation which she/he has reasonable justification to believe presents an imminent and serious danger to her/his life or health;

–      Article 15 – measures to ensure the coordination between various authorities and bodies called upon to give effect to Parts II and III;

–      Article 17 – measures to ensure that two or more enterprises which engage in activities simultaneously at one workplace collaborate; and

–      Article 18 – specific provisions containing measures to deal with emergencies and accidents, including adequate first-aid arrangements.

Part V of the report form and Article 9, paragraph 1. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number nature and causes of the accidents reported, etc.

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

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

Article 9, paragraph 2, of the Convention. Adequate penalties for violations of the laws and regulations. The Committee notes the observations by the Zimbabwe Congress of Trade Unions (ZCTU) that the penalties and fines for non-compliance with the law on occupational health are too low, which is why most employers do not attribute sufficient importance to issues related to occupational safety and health and that the Government in its response thereto states that it has taken note of the recommendation to increase the penal sanctions for non-observance of the national law on occupational health. The Committee requests the Government to provide information on all measures taken to follow up on the recommendation by the ZCTU and to give full effect to this Article of the Convention.

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

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Further to its observation, the Committee requests the Government to provide additional information on the following points.

2. Article 4, read in conjunction with Articles 6 and 7 of the Convention. Formulation, implementation and periodical review of a coherent national policy on occupational safety and health (OSH). The Committee notes the Government’s statement that a national policy has been developed by the Zimbabwe Occupational Health and Safety Council (ZOHSC), the main thrust of which is to prevent occupational injuries and diseases, and that any future review of this policy would also be carried out by this body. The Committee notes, however, that it is unclear when this policy was adopted. The Committee also notes the Government’s statement that the ZOHSC is a tripartite body which is also engaged in the implementation of the national OSH policy. The Committee requests the Government to clarify when the national policy was adopted, the periodical review foreseen for this policy, as well as further details concerning the function, composition and activities of the ZOHSC in relation to the practical implementation and review of the national policy in question.

3. Article 5, subparagraph (e). Protection of workers and their representatives from disciplinary measures. The Committee notes that the national policy referred to above does not include any reference to the need to protect workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the policy and that no further information is provided by the Government on this point. The Government is requested to indicate how effect is given, in law and in practice, to this Article of the Convention.

4. Article 8. Measures taken to give effect to a national coherent policy on occupational safety and health. The Committee notes the Government’s reference to promotional and advocacy programmes established at national and enterprise level and the ongoing efforts to promote and implement occupational safety and health management systems as a means to create and sustain a preventive safety and health culture. The Government is requested to submit further information on the promotional and advocacy programmes and their impact as well as on the efforts made to implement OSH management systems and the result thereof.

5. Article 16. Employers’ duty to ensure that the workplaces, machinery, equipment and processes under their control as well as the chemical, physical and biological substances and agents are safe and without risk to health. The Committee notes the Government’s references to the third schedule of the National Social Security Authority (Accident Prevention and Workers’ Compensation Scheme) Notice, 1990, SI 68 (SI 68) as well as to the Factories and Works Act, but also notes that the mentioned schedule and Act do not contain specific provisions dealing with the employers’ duties referred to in this Article of the Convention. The Government is requested to indicate measures taken, in law and in practice, to give effect to this Article.

6. Article 19, subparagraphs (c), (d) and (e). Measures to ensure that workers’ representatives are given adequate information and appropriate training and that they can have recourse to technical experts. The Committee notes the Government’s reference to the third schedule of SI 68 and points out that the indicated provisions do not contain any specific provisions dealing with measures ensuring that workers’ representatives are given adequate information and appropriate training in the matter of OSH and the possibility to bring in technical experts from the outside. The Committee requests the Government to provide additional information on measures taken, in law and in practice, to give effect to these subparagraphs of Article 19.

7. Article 19, subparagraph (f). Removal from work where there is an imminent and serious danger. The Committee notes the Government’s general reference to the third schedule of SI 68, and that the referenced schedule contains no provision giving effect to this subparagraph of Article 19 of the Convention. The Committee requests the Government to provide additional information on measures taken, in law and in practice, to give effect to these subparagraphs of Article 19.

8. Article 21. Ensuring that OSH measures do not involve any expenditure for the workers. The Committee notes the Government’s reference to the provisions of the third schedule of SI 68 and to section 8 of the Factories and Works (General) Regulations, 1976. It notes that the mentioned provisions lay down that protective clothing and appliances must be provided free of charge. The Committee also notes that in accordance with section 58 of SI 68 employers shall defray any expenses incurred by a worker as the result of accident arising out of, and in the course of, his/her employment, and that the national legislation, as available, does not contain any general requirement in this respect. The Government is requested to indicate measures ensuring that occupational safety and health measures will not involve any expenditure for the workers.

9. The Committee requests the Government to provide additional information on how effect is given, in law and in practice, to the following Articles of the Convention:

–           Article 5, subparagraph (b) – the implementation of provisions dealing with the relationship between the material elements of work and the persons;

–           Article 10 – measures to provide guidance to employers and workers so as to help them to comply with legal obligations;

–           Article 11, subparagraphs (a) to (f) – progressive carrying out of the functions enumerated in this Article to give effect to the national policy;

–           Article 12 – obligations for those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use;

–           Article 13 – workers’ right related to removal from a work situation which she/he has reasonable justification to believe presents an imminent and serious danger to her/his life or health;

–           Article 15 – measures to ensure the coordination between various authorities and bodies called upon to give effect to Parts II and III;

–           Article 17 – measures to ensure that two or more enterprises which engage in activities simultaneously at one workplace collaborate; and

–           Article 18 – specific provisions containing measures to deal with emergencies and accidents, including adequate first-aid arrangements.

10. Part V of the report form and Article 9, paragraph 1. Application in practice and labour inspection. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number nature and causes of the accidents reported, etc.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes that in a communication in September 2005, the International Confederation of Free Trade Unions (ICFTU) on behalf of the Zimbabwe Congress of Trade Unions (ZCTU) submitted observations concerning the application by Zimbabwe of a series of Conventions including Conventions Nos. 155, 161, 162, 170 and 176, and that in a communication transmitted in December 2005, the Government responded thereto. As regards the issues raised in this context regarding the absence of chemical registers in Zimbabwe, the Committee refers to its observations this year concerning the application by Zimbabwe of the Chemicals Convention, 1990 (No. 170).

2. Article 9, paragraph 2, of the Convention. Adequate penalties for violations of the laws and regulations. The Committee notes the observations by the ZCTU that the penalties and fines for non-compliance with the law on occupational health are too low, which is why most employers do not attribute sufficient importance to issues related to occupational safety and health and that the Government in its response thereto states that it has taken note of the recommendation to increase the penal sanctions for non-observance of the national law on occupational health. The Committee requests the Government to provide information on all measures taken to follow up on the recommendation by the ZCTU and to give full effect to this Article of the Convention.

3. The Committee is raising certain other points in a request addressed directly to the Government.

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

1. The Committee notes the Government’s comprehensive first report on the measures taken to give effect to the Convention, received in the ILO at the end of September 2005.

2. The Committee notes a communication received in September 2005 from the Zimbabwe Congress of Trade Unions (ZCTU), which contains observations concerning the application of the Convention by Zimbabwe. It notes that this communication was sent to the Government on 24 October 2005 for any comments it might wish to make on the matters raised therein. The Committee observes that no such comments have been received from the Government so far and hopes that the Government will communicate its comments with its next report, so as to enable the Committee to examine them at its next session.

[The Government is asked to reply in detail to the present comments in 2006.]