Safety and Health in Mines Convention, 1995 (No. 176) - 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 2016, published 106th ILC session (2017)

The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) received on 1 September 2016.

Article 3 of the Convention. National policy. The Committee takes note with interest of the Government’s indications in reply to its previous request concerning the national policy on occupational safety and health (OSH) adopted in September 2014. The Government indicates that the national policy covers all economic sectors, including the mining sector. It was formulated in consultation with representatives of workers’ and employers’ organizations, it is reviewed every five years, and it is widely disseminated through workshops, seminars, conferences and training on OSH. The Committee takes note of this information.

Article 5(2)(b) and (d). Inspections. Compilation and publication of statistics. The Committee takes note of the Government’s indication in reply to its previous request concerning the competencies of the authorities responsible for monitoring OSH regulations. It notes, however, that the Government does not provide any information on the compilation and publication of statistics on occupational diseases and in this regard it refers to its detailed comment under the Labour Inspection Convention, 1947 (No. 81), published in 2014. The Committee requests the Government to provide information in this respect.

Article 5(4)(a), (d) and (e). First aid and medical facilities. Safe storage, transportation and disposal of hazardous substances. Sanitary and welfare facilities. The Committee notes the Government’s indications in reply to its previous request concerning requirements relating to: (a) first aid and medical facilities, pursuant to section 117(c) of Statutory Instrument (SI) 109 of 1990 on Mining (Management and Safety) Regulations and sections 17–19 of SI 182 of 1985 on Mining (Health and Sanitation) Regulations; (b) safe storage, transportation and disposal of hazardous substances, including cyanide and other chemicals, pursuant to sections 20–24 of SI 109 of 1990 on Mining (Management and Safety) Regulations; and (c) supply of sanitary and welfare facilities pursuant to sections 22–24 of SI 182 of 1985 on Mining (Health and Sanitation) Regulations. The Committee takes note of this information.

Article 5(5). Plans of workings. The Committee notes the Government’s indication in reply to its previous request concerning the preparation of plans of workings, pursuant to sections 78–86 of SI 109 of 1990 on Mining (Management and Safety) Regulations. However, the Committee notes that the obligation of the employer in charge of the mine to prepare plans of workings before the start of the operation is not established in the legislation. The Committee requests the Government to provide information in this respect.

Articles 7 and 10. Responsibilities of employers. Training and comprehensible instructions. The Committee notes the Government’s indications in reply to its previous request concerning the imposition of responsibilities on employers. In this respect, it notes that the definition of “employer” includes the manager, pursuant to section 2 of the Labour Act (No. 16/1985), as amended. The manager, who is appointed at every mine, is responsible for taking all reasonable measures to provide for safety of workers at the mine, pursuant to section 9(1)(a) and (c) of SI 109 of 1990 on Mining (Management and Safety) Regulations. Furthermore, employers’ duties include providing training and comprehensible instructions to workers, pursuant to section 15(5)(1)(m) and (n) of the Third Schedule of SI 68 of 1990 on Accident Prevention and Workers’ Compensation Scheme and section 15 of SI 109 of 1990 on Mining (Management and Safety) Regulations. The Committee takes note of this information.

Article 13(1)–(4). Rights of workers and their representatives. The Committee notes the Government’s indication in reply to its previous request that workers enjoy the right to refuse to undertake unsafe work, pursuant to section 5(d) of the national policy on OSH. The Government also indicates that pursuant to section 4(1) of the Labour Act (No. 16/1985), as amended, workers have the right to be members and engage in activities of workers committees. However, the Committee observes that the Government does not provide any information on provisions of national law or regulations that would give effect to all the rights of workers and their representatives established in this Article, as required by the Convention. The Committee requests the Government to provide information on the measures taken to ensure the application in law or regulations of each paragraph of Article 13.

Article 14. Duties of workers. The Committee notes the Government’s indication in reply to its previous request concerning workers’ duty to work in compliance with OSH requirements, including the use of personal protective equipment, and to report any hazards to the employer or the supervisor, pursuant to section 15(5) of the Third Schedule of SI 68 of 1990 on Accident Prevention and Workers’ Compensation Scheme. The Committee takes note of this information.

Article 15. Safety and health committees. The Committee notes the Government’s indication in reply to its previous request concerning employers’ duty to establish safety and health committees, pursuant to section 15(5)(q) of the Third Schedule of SI 68 of 1990 on Accident Prevention and Workers’ Compensation Scheme. The Committee takes note of this information.

Article 16(2). Availability of resources for inspection services. The Committee notes the observation of the ZCTU concerning the limited resources available that hamper the implementation of monitoring activities. The Committee requests the Government to provide its comments in this respect.

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

Article 3 of the Convention. Formulation, implementation and periodical review of a national policy. The Committee notes that, according to the Government, the national policy on occupational safety and health (OSH), which will cover the mining sector, is in the final stages of formulation and consultation by the tripartite Zimbabwe Occupational Safety and Health Committee (ZOSHC) and should be launched and disseminated by the end of 2014. It also notes the indication that, in the mining sector, the national policy is implemented through the Mining (Management and Safety) Regulations, Statutory Instrument 109 of 1990 (SI 109) and the third schedule of the National Social Security Authority (NSSA) (Accident and Prevention and Workers’ Compensation Scheme) notice, Statutory Instrument 68 of 1990 (SI 68), and that promotional and training activities are carried out to provide guidance on the establishment of effective OSH prevention programmes in mines. The Committee requests the Government to provide further information on measures undertaken to ensure that the forthcoming OSH policy effectively covers the mining sector and to ensure the implementation, in law and in practice, of the relevant national policy.

Article 5. Regulation and monitoring of various aspects of safety and health in mines. The Committee notes the Government’s indication that section 3(c) of SI 68 and Part XI of SI 109 give effect to Article 5(2)(c). However, the Committee notes the absence of any detailed information on the effect given to Article 5(4) and (5) of the Convention and notes that the information provided regarding the authorities charged with monitoring mining activities, namely the enumeration of the professional qualifications of inspectorate and NSSA staff members, does not reply to the Committee’s previous request on the matter. The Committee therefore reiterates its request for the Government to provide detailed information on the respective competencies of the authorities responsible for the monitoring of relevant regulations on safety and health in mines. It also requests the Government to provide detailed information, including specific references to relevant legislation, on measures taken or envisaged to give effect to Article 5(4) and (5), particularly with regard to first aid and medical facilities; storage, transportation and disposal of hazardous substances; sanitary and welfare facilities; and the requirement for employers to develop and review workplans.

Articles 13 and 14. Rights and duties of workers and their representatives. The Committee notes that, according to the Government, the new OSH policy will seek to strengthen the rights of workers, namely the right to know and be informed of workplace risks and their potential effects, the right to be consulted with regard to the development of mechanisms to mitigate the effect of workplace risks, and the right to refuse to undertake unsafe work. The Committee requests the Government to take all the necessary measures, in the very near future, to give effect to Articles 13 and 14 of the Convention, and to provide information on the measures undertaken in the forthcoming OSH policy and legislation to ensure that full effect is given to each paragraph of these Articles. In the meantime, the Government is requested to ensure the application in practice of these Articles and to provide detailed information on the measures taken in this regard.

Furthermore, concerning the following provisions, as the information provided by the Government does not reply to the matters raised in its previous direct request, the Committee again repeats its previous comments which read as follows:

Article 7. Responsibilities of employers on measures taken to eliminate or minimize risks to safety and health. The Committee notes the reference made to the National Social Security Authority (Accident and Prevention and Workers’ Compensation Scheme) notice, Statutory Instrument 68 of 1990 (SI 68), third schedule, section 1, which prescribes that the duties of the employers include to ensure that adequate measures are taken to protect the safety and health of workers and that these provisions apply to all economic sectors. The Committee notes, however, that the mine-specific legislation, i.e. the Mines and Minerals Act and SI 109 referred to, does not expressly impose these obligations on the employer. It also notes, however, that SI 109 provides that a manager shall be appointed for every mine, with the responsibility for taking all reasonable measures to provide for the safety and proper discipline of persons employed at the mine. The Committee requests the Government to clarify the effect given to this Article of the Convention including, in particular, the respective legal responsibilities of employers engaged in mining activities and the managers of mines appointed in application of SI 109.

Article 10. Employers’ obligations to provide workers with training and comprehensible instruction. The Committee notes that, according to SI 68, third schedule, paragraph 1, employers are responsible for providing workers with instructions and training on OSH. The Committee notes, however, that SI 109 does not regulate the provision of OSH instructions and training of workers. It also notes the other provisions of this Article, such as carrying out adequate control and supervision, setting up a register of the names of workers and the investigation of accidents and dangerous occurrences, are under the responsibility of the managers of mines. The Committee requests the Government to provide further clarification on the responsibilities of employers in this respect, and to give additional information on measures taken to give full effect to this Article in law and in practice.

Article 15. Cooperation between employers and workers and their representatives. The Committee notes that, according to the Government, the establishment of safety and health committees and the appointment of safety and health representatives provided for in SI 68, third schedule, section 1, is one of the responsibilities of employers. Referring to its comment under Article 7 above, the Committee requests the Government to further clarify the employers’ responsibility in this regard in mines.

Application of the Convention in practice. The Committee notes that the Government omitted to provide the information requested regarding the application of the Convention in practice. With reference also to its comments this year regarding the application of the Occupational Safety and Health Convention, 1981 (No. 155), the Committee reiterates its request to the Government to provide a general appreciation of the application of the Convention, including the previously requested details.

[The Government is asked to reply in detail to the present comments in 2016.]

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

The Committee notes the information provided regarding effect given to the definitions in Article 1 of the Convention.

Article 3 of the Convention. National policy to be formulated, implemented and periodically reviewed. The Committee notes that the Zimbabwe national policy on occupational safety and health (OSH), which covers all branches of economic activity including mining and was originally formulated in 1993 and revised in 2006, is currently under review again. In the context of its comments on the application of the Occupational Safety and Health Convention, 1981 (No. 155), the Committee has requested the Government to submit a copy of this policy once it has been adopted. The Committee requests the Government to provide further information on measures taken to ensure the implementation of the relevant national policy in law and in practice.

Article 5. Regulation and monitoring of various aspects of safety and health in mines. The Committee notes the information that the competent authority on OSH in mines is the Chief Mining Engineer but that the Ministry of Mines and Mining Development also enforces safety and health laws in the mining sector. The Committee also notes that the National Social Security Authority enforces the Pneumoconiosis Act, Chapter 15:08 and through its safety and health inspectorate inspects various activities in mines. However, the Committee also notes the absence of any detailed information on the effect given to Article 5(2) of the Convention. The Committee requests the Government to provide detailed information on the respective competencies of these authorities as regards the monitoring of relevant regulations on safety and health in mines. The Government is also requested to provide further information on measures taken, in law and in practice, to give effect to Article 5(2), particularly with regard to first aid and medical facilities; storage; transportation and disposal of hazardous substances; sanitary and welfare facilities; reporting of occupational diseases; and the requirement to develop and review workplans.

Article 7. Responsibilities of employers on measures taken to eliminate or minimize risks to safety and health. The Committee notes the reference made to the National Social Security Authority (Accident and Prevention and Workers’ Compensation Scheme) notice, Statutory Instrument 68 of 1990 (SI 68), third schedule, section 1, which prescribes that the duties of the employers include to ensure that adequate measures are taken to protect the safety and health of workers and that these provisions apply to all economic sectors. The Committee notes, however, that the mine-specific legislation i.e. the Mines and Minerals Act and SI 109 referred to, does not expressly impose these obligations on the employer. It also notes, however, that SI109 provides that a manager shall be appointed for every mine, with the responsibility for taking all reasonable measures to provide for the safety and proper discipline of persons employed at the mine. The Committee requests the Government to clarify the effect given to this Article of the Convention including, in particular, the respective legal responsibilities of employers engaged in mining activities and the managers of mines appointed in application of SI 109.

Article 10. Employers’ obligations to provide workers with training and comprehensible instruction. The Committee notes that according to SI 68, third schedule, paragraph 1, employers are responsible for providing workers with instructions and training on OSH. The Committee notes, however, that SI 109 does not regulate the provision of OSH instructions and training of workers. It also notes the other provisions of this Article, such as carrying out adequate control and supervision, setting up a register of the names of workers and the investigation of accidents and dangerous occurrences, are under the responsibility of the managers of mines. The Committee requests the Government to provide further clarification on the responsibilities of employers in this respect, and to give additional information on measures taken to give full effect to this Article in law and in practice.

Articles 13 and 14. Rights and duties of workers and their representatives. The Committee notes that the Government states that the rights and duties of workers are not quite explicit in the existing legislations. It also notes that the Government indicates that it has been making efforts to ensure that the rights of workers on OSH should be more pronounced in the envisaged new OSH legislation. The Committee asks the Government to ensure the application of the provisions of these Articles in the envisaged OSH legislation.

Article 15. Cooperation between employers and workers and their representatives. The Committee notes that, according to the Government, the establishment of safety and health committees and the appointment of safety and health representatives provided for in SI 68, third schedule, section 1, is one of the responsibilities of employers. Referring to its comment under Article 7 above, the Committee requests the Government to further clarify the employers’ responsibility in this regard in mines.

Part V of the report form. Application in practice. The Committee notes that the Government omitted to provide the information requested regarding the application of the Convention in practice. With reference also to its comments this year regarding the application of the Occupational Safety and Health Convention, 1981 (No. 155), the Committee reiterates its request to the Government to provide a general appreciation of the application of the Convention, including the previously requested details.

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

The Committee notes the communication sent be 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 provide thereon. Noting also that the Government’s report has not been received, the Committee must repeat its previous direct request, which read as follows:

Article 4 of the Convention. National legislation. The Committee notes that the Mines and Minerals Act, the Mining (Management and Safety) Regulations, the Mining (Health and Sanitation) Regulations, the Explosives Act, the Explosives Regulations, and the Pneumoconiosis Act ensure partially the application of the Convention. It notes in this respect the Government’s statement that “there might be a need to rephrase some part of the regulations in order to fully comply with the Convention”. The Committee hopes that the Government will implement this declaration in the near future taking into account the Committee’s comments on exiting legislation as set out below. The Committee requests the Government to provide additional information in its next report on measures taken or envisaged to ensure the application of the following provisions concerning the scope and means of application of the Convention:

–      Article 1 of the Convention on definitions of “mine” and “employer”;

–      Article 3 on a national policy to be formulated, carried out and periodically reviewed; and

–      Article 5 on the competent authority to monitor and regulate the various aspects of safety and health, such as: the collection of statistical information of accidents, illnesses and dangerous occurrences; the suspension or restrictions of mining activities to remain until correction of the condition that give rise to it; that self-rescue respiratory devices are provided for workers in underground mines; that hazardous substances and waste products from the mine are stored, transported and disposed of safely; and that appropriate workplans are prepared before the start of operation and when significant modifications are carried out.

The Committee requests the Government to provide additional information on measures taken or envisaged to ensure the application of the following provisions of the Convention concerning the responsibilities of employers, namely:

–      Article 7 on measures to eliminate or minimize the risks to safety and health by employers’ obligation to ensure that mines are commissioned, operated, maintained and decommissioned in such a way that workers can perform their work in a safe and healthy manner; and

–      Article 10 on employers’ obligations to ensure that workers are provided with training and comprehensible instructions; that adequate control and supervision is provided on each shift; that the name of all workers being underground can be accurately known at any time, as well as their probable location; and that all accidents and dangerous occurrences are investigated by the employers.

The Committee requests the Government to provide additional information on measures taken or envisaged to ensure the rights and duties of workers and their representatives, namely:

–      Article 13 on workers and their representatives rights enumerated in this Article, including the right to report accidents and dangerous occurrences; to request investigations to be carried out; the right to obtain safety and health information from the employer and authorities; the right to remove themselves from any location in the mine when circumstances arise that pose a serious danger to their safety and health; the right of workers to select collectively their representatives; that the workers’ representatives have the enumerated rights; and that both workers and their representatives rights can be exercised without any discrimination and retaliation; and

–      Article 14 on workers’ duties to comply with safety and health instructions; to take reasonable care of their own safety and health and that of others; that they report to their supervisor any situation they believe could present a risk that they cannot deal with themselves; and that they cooperate with the employer.

Article 15. Cooperation between employers and workers and their representatives. The Committee requests the Government to provide additional information on measures taken or envisaged to encourage, under Article 15 of the Convention, cooperation between employers and workers and their representatives to promote safety and health in mines.

Part V of the report form. The Committee requests the Government to provide a general appreciation of the application of the Convention, including the number of workers covered, information on labour inspections, including findings of any infringements and actions taken, and statistical information on accidents, illnesses and dangerous occurrences in mines.

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. The Committee notes the information contained in the Government’s first report and the attached legislation. With reference to the observations submitted by the International Confederation of Free Trade Unions (ICFTU) and the Zimbabwe Congress of Trade Unions (ZCTU) and the Government’s reply thereto, the Committee refers to its observation this year under the Occupational Safety and Health Convention, 1981 (No. 155).

2. Article 4 of the Convention. National legislation. The Committee notes that the Mines and Minerals Act, the Mining (Management and Safety) Regulations, the Mining (Health and Sanitation) Regulations, the Explosives Act, the Explosives Regulations, and the Pneumoconiosis Act ensure partially the application of the Convention. It notes in this respect the Government’s statement that “there might be a need to rephrase some part of the regulations in order to fully comply with the Convention”. The Committee hopes that the Government will implement this declaration in the near future taking into account the Committee’s comments on exiting legislation as set out below. The Committee requests the Government to provide additional information in its next report on measures taken or envisaged to ensure the application of the following provisions concerning the scope and means of application of the Convention:

–           Article 1 of the Convention on definitions of “mine” and “employer”;

–           Article 3 on a national policy to be formulated, carried out and periodically reviewed; and

–           Article 5 on the competent authority to monitor and regulate the various aspects of safety and health, such as: the collection of statistical information of accidents, illnesses and dangerous occurrences; the suspension or restrictions of mining activities to remain until correction of the condition that give rise to it; that self-rescue respiratory devices are provided for workers in underground mines; that hazardous substances and waste products from the mine are stored, transported and disposed of safely; and that appropriate workplans are prepared before the start of operation and when significant modifications are carried out.

3. The Committee requests the Government to provide additional information on measures taken or envisaged to ensure the application of the following provisions of the Convention concerning the responsibilities of employers, namely:

–           Article 7 on measures to eliminate or minimize the risks to safety and health by employers’ obligation to ensure that mines are commissioned, operated, maintained and decommissioned in such a way that workers can perform their work in a safe and healthy manner; and

–           Article 10 on employers’ obligations to ensure that workers are provided with training and comprehensible instructions; that adequate control and supervision is provided on each shift; that the name of all workers being underground can be accurately known at any time, as well as their probable location; and that all accidents and dangerous occurrences are investigated by the employers.

4. The Committee requests the Government to provide additional information on measures taken or envisaged to ensure the rights and duties of workers and their representatives, namely:

–           Article 13 on workers and their representatives rights enumerated in this Article, including the right to report accidents and dangerous occurrences; to request investigations to be carried out; the right to obtain safety and health information from the employer and authorities; the right to remove themselves from any location in the mine when circumstances arise that pose a serious danger to their safety and health; the right of workers to select collectively their representatives; that the workers’ representatives have the enumerated rights; and that both workers and their representatives rights can be exercised without any discrimination and retaliation; and

–           Article 14 on workers’ duties to comply with safety and health instructions; to take reasonable care of their own safety and health and that of others; that they report to their supervisor any situation they believe could present a risk that they cannot deal with themselves; and that they cooperate with the employer.

5. Article 15. Cooperation between employers and workers and their representatives. The Committee requests the Government to provide additional information on measures taken or envisaged to encourage, under Article 15 of the Convention, cooperation between employers and workers and their representatives to promote safety and health in mines.

6. Part V of the report form. The Committee requests the Government to provide a general appreciation of the application of the Convention, including the number of workers covered, information on labour inspections, including findings of any infringements and actions taken, and statistical information on accidents, illnesses and dangerous occurrences in mines.

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.]