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

Safety and Health in Mines Convention, 1995 (No. 176) - Zambia (Ratification: 1999)

Other comments on C176

Observation

2015
2014

Direct Request

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The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2014, in which ITUC indicates that Chinese-operated copper mining companies continuously violate health and safety regulations designed to protect workers. More specifically, workers are often exposed to poor working conditions and are not provided with adequate protective equipment, often leading to the development of serious occupational diseases and the occurrence of grave accidents in mines. It also alleges the violation of the rights of workers enumerated in Article 13 of the Convention, including the right to report accidents, dangerous occurrences and hazards to the employer and to the competent authority and the right to remove themselves in cases where their lives or health is threatened, in addition to the fact that workers who refuse to work in unsafe places are threatened with the termination or transfer of their employment if they exercise these rights. The ITUC also indicates that the efforts put forward by the Government to improve safety standards in mines are extremely limited and insufficient, with almost no inspections being conducted by the Mines and Safety Department and that governmental statistics on mining accidents are unrepresentative since companies deliberately under report accidents and other dangerous occurrences in order to avoid fines. The Committee requests the Government to provide its comments on the issues raised by ITUC.

The Committee also notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous direct request.

Article 3 of the Convention. Development of a national policy and new mining regulations. Technical assistance provided and follow-up thereto. The Committee notes that the Government is in the process of developing a national policy on occupational safety and health (OSH) including provisions ensuring that the requirements of this Convention are provided for. The Committee has been informed that a workshop on this matter has been facilitated by the ILO in Zambia in 2013. The Committee hopes that these developments will enable the Government to further improve its application of the Convention, and requests the Government to keep the Office informed of the progress in the ongoing efforts and to send copies of the national policy once adopted.

Article 2(2). Scope. Article 5(2)(d). Compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences. Article 5(2)(f). The right of workers and their representatives to be consulted. Article 5(5). Plans of working. Article 6. Preventive and protective measures. Article 7(a), (b) and (g). Responsibilities of employers. Article 8. Emergency response plans. Articles 9(a) and 10(a). Information and training. Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. Article 13(1)–(4). Rights of workers and their safety and health representatives. Article 15. Cooperation between employers and workers. The Committee notes the information that as a result of assistance provided by the ILO in 2011 regarding risk management and management for the inspectors in the mines, in compliance with the requirements in the Convention regarding the application of risk assessment methods, and that government inspectors who were trained are now better equipped to be able to assess the risks before major jobs are carried out in the mining industry and to understand the risk assessment reports provided by employers in the mining industry. In the same context, several mine workers and union representatives were trained, enabling them effectively to understand and avoid accidents or to mitigate their effects. The Committee also notes the ongoing efforts to revise the mining regulations in a tripartite consultation process and the technical assistance provided by the ILO in 2013 to support this process. The Committee notes the affirmation by the Government that full effect will be given to the referenced provisions of the Convention in the revised mining regulations that are being prepared. The Committee expresses the firm hope that the ongoing efforts to finalize and adopt the revised mining regulations will soon be brought to a successful conclusion and that full effect will thereby be given to these provisions of the Convention. The Committee requests the Government to keep the Office informed of the progress in the ongoing efforts and to report on all measures taken or envisaged, in law and in practice, to give full effect to these Articles of the Convention. It also asks the Government to transmit a copy of the new legislation once it has been adopted.

Part V of the report form. Application in practice. The Committee notes the statistical information provided concerning infringements noted and fines imposed during the period 2008–12 which indicates a downward trend from 529 cases in 2008 to 437 cases in 2012, while the fines meted out appear more irregular and vary between 54,245,000 kwachas (ZMK) in 2011 and ZMK162,390,000 in 2010. The measures used to address this include routine inspections, annual environmental audits, the provision of technical advice and guidance on OSH matters, periodical medical check-ups, statutory environmental monitoring, drills on emergency preparedness, monitoring the waste disposal systems of all mining operations in accordance with relevant legislation. The Committee also notes the information that the number of workers engaged in the mining industry has varied with peaks in 2008 of 65,311 and in 2012 of 72,702 persons. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including: statistics pertaining to the abovementioned infringements; information on all measures taken in practice to address such infringements; and information on the number of workers covered by the measures giving effect to the Convention. It also asks the Government to supply relevant excerpts from inspection reports.