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

Safety and Health in Mines Convention, 1995 (No. 176) - Zimbabwe (Ratification: 2003)

Other comments on C176

Observation

Direct Request

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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.]