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

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

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

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

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

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

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

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

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

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

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

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

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

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

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