Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (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.