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

1. The Committee notes the information provided in the Government’s report, the numerous legal texts appended thereto and the replies to comments raised by the Committee. On the basis of this information, the Committee has now been able to examine the manner in which the Convention is applied in the country. In this context, the Committee notes with interest the information that the national Social Security Authority’s (NSSA) Division of Occupational Health and Safety is in the process of drafting a new Occupational Safety and Health Act and related regulations, that the Government is in the process of adopting national standards on exposure limits and that specific regulations are being developed in order to address specific concerns in the agricultural sector in line with the Safety and Health in Agriculture Convention, 2001 (No. 184). The Committee also notes the observations submitted by the International Confederation of Free Trade Unions (ICFTU) on behalf of the Zimbabwe Congress of Trade Unions (ZCTU) in which concerns are raised specifically regarding the absence of a chemicals register which should monitor the inflow of chemical substances into the country and more generally that the penalties for non-compliance with laws on occupational health are too low and ought to be such as to act as an effective deterrent against the violation of occupational safety and health laws. The Committee requests the Government to supply clarifications and supplementary information in respect of the following points:

2. Article 1, paragraph 1, of the Convention. Use of chemicals in the agricultural sector. The Committee notes the indication of the Government that specific regulations are being developed to address concerns in the agricultural sector in line with the Safety and Health in Agriculture Convention, 2001 (No. 184). Please indicate the present status of this process.

3. Article 1, paragraph 2(b). Special provision regarding trade secrets. The Committee notes the Government’s indication that there are legal provisions providing for the safeguarding of trade secrets. Please indicate the specific provisions of national legislation that permit the safeguarding of trade secrets and the measures taken to ensure that the safety and health of workers is not compromised on account of permitting trade secrets to be safeguarded.

4. Article 4. National policy on safety in the use of chemicals. The Committee notes the indication of the Government that the Zimbabwe Occupational Health and Safety Council (ZOHSC) coordinates the national programme of monitoring occupational safety and health programmes in work environments. Please clarify whether any national policy on safety in the use of chemicals has been formulated by the ZOHSC and, if so, also indicate the measures taken to implement and periodically review the policy.

5. Article 6, paragraph 2. Assessment of hazardous properties of mixtures. The Committee notes the indication of the Government that the Government Analyst Laboratory analyses and confirms the classification and labelling of chemicals. Please indicate the specific measures taken to ensure that the hazardous properties of mixtures composed of two or more chemicals are determined by assessments based on the intrinsic hazards of the component chemicals.

6. Article 6, paragraph 4. Extension of classification systems and their application. Please indicate whether and in what manner classification systems have been developed and whether their application has been progressively extended.

7. Article 7, paragraph 1. Marking of chemicals. The Committee notes that Regulation 6.3.4 of the Code of Practice on the Safe Use of Chemicals in Southern African Development Community States (SADC Code) requires suppliers to ensure that chemical containers are appropriately marked and labelled. It also takes notes of the indication of the Government that national practice requires all chemicals to be labelled. Please indicate the measures taken in practice to ensure that all chemicals are marked so as to indicate their identity.

8. Article 7, paragraph 2. Labelling of hazardous chemicals. The Committee takes notes of the indication of the Government that all hazardous chemicals need to be labelled and that efforts are being made to ensure that the labelling of hazardous chemicals is done in vernacular languages. Please indicate: (i) the measures taken to ensure that all hazardous chemicals are labelled so as to provide essential information regarding their classification, the hazards they present and the safety precautions to be observed; and (ii) the progress made in respect of efforts to ensure that the labelling of hazardous chemicals is done in vernacular languages.

9. Article 8, paragraph 1. Preparation of chemical safety data sheets. The Committee notes that Regulation 6.4 of the SADC Code requires the manufacturer to prepare a chemical safety data sheet and ensure that it is provided to the employer. Please indicate the measures taken in practice, to give effect to the requirement of Article 8, paragraph 1, of the Convention that in respect of hazardous chemicals, chemical safety data sheets contained detailed essential information regarding their identity, supplier, classification, hazards, safety precautions and emergency procedures should be provided to the employer.

10. Article 8, paragraph 3. Usage of the same chemical name. Please indicate the measures taken to give effect to the requirement that the chemical or common name used to identify a hazardous chemical on the chemical safety data sheet is the same as that used on the label.

11. Article 9, paragraph 2. Revision of labels and chemical safety data sheets. The Committee notes the general indication of the Government that there are legal provisions requiring suppliers to ensure that the prescribed responsibilities are observed. Please indicate the specific provision of national legislation that requires suppliers of hazardous chemicals to ensure that revised labels and chemical safety data sheets are prepared and provided to employers, whenever new relevant safety and health information becomes available.

12. Article 9, paragraph 3. Identification and assessment of non-classified chemicals. The Committee notes that Regulation 6.3.1 of the SADC Code requires suppliers to ensure that all chemicals are identified. Please clarify whether this would impose an obligation on suppliers of chemicals which have not yet been classified in accordance with Article 6 to identify the chemicals they supply and assess the properties of these chemicals on the basis of a search of available information in order to determine whether they are hazardous chemicals.

13. Article 10, paragraph 3. Responsibilities of employers. The Committee notes that Regulations 4.5, 4.7, 4.8 and 4.18.1 of the SADC Code impose obligations on employers in respect of the safe use of chemicals. Please clarify whether employers have the obligation to ensure that only chemicals which are classified in accordance with Article 6 or identified and assessed in accordance with Article 9, paragraph 3, and labelled or marked in accordance with Article 7 of the Convention are used.

14. Article 10, paragraph 4. Records of hazardous chemicals used at the workplace. The Committee notes that Rule 1(g) of the third schedule to the National Social Security Authority (Accident Prevention and Workers’ Compensation Scheme) Notice, 1990 and Regulation 4.4 of the SADC Code require employers to maintain a register of all chemicals used in the workplace. Please clarify whether the record required to be so maintained should be cross-referenced to the appropriate chemical safety data sheets. Also, please clarify whether this record would be accessible to all the workers concerned and their representatives.

15. Article 12, paragraph (a). Standards on exposure limits. The Committee notes that the Government is in the process of adopting national standards on exposure limits. Please indicate the progress made in this regard.

16. Article 15. Instruction and training. The Committee notes the indication of the Government that the Ministry of Health and Child Welfare’s Hazardous Substances and Articles Control Department and the National Social Security Authority’s Division of Occupational Health and Safety provide training and disseminate information on the hazards associated with exposure to chemicals. Please clarify whether employers, in practice, provide the instruction and training required to be provided under Article 15 of the Convention.

17. Article 17, paragraph 1. Duties of workers. The Committee notes that the Standards Association of Zimbabwe and the Hazardous Substances Department have drafted a code of practice that is yet to be approved. Please indicate whether the said code of practice has been approved and if so, please furnish a copy of it.

18. Part IV of the report form. Noting also that several provisions of the Convention have been given effect to by the SADC Code which is not a legally binding instrument, the Committee requests the Government to indicate in its next report whether similar provisions would be incorporated in the Occupational Safety and Health Act that is in the process of being drafted.

19. Part VI of the report form. The Committee takes note of the indication of the ZCTU that the Government refused to communicate a copy of the Government’s report despite its being the most representative worker’s organization in the country and despite its numerous requests to the Ministry of Public Service, Labour and Social Welfare. The Committee therefore requests the Government to ensure that copies of its reports are communicated to representative organizations of employers and workers. The Committee also requests the Government to communicate its observations in respect of the observations of the ZCTU.