Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the information provided by the Government in its reports.

The Committee notes the list of legal texts provided by the Government in its reports. However, in view of the fact that it has not been possible to obtain copies of all these texts and, in particular, of the Hazardous Substances and Articles Act, 1985, the Committee requests the Government to provide such copies with its next report so that it can assess the application of the Convention by the national legislation. The Committee also requests the Government to provide copies of the Mines and Minerals Act, the Mining and Management Safety Regulations, the Public Health Act and the Fertilizers, Farm Seeds and Remedies Act.

The Committee notes the programme established by the Tripartite Forum of Zimbabwe to harmonize the legislation on occupational health and safety. It requests the Government to keep the International Labour Office informed of the progress made by this programme and any other measure that the Forum adopts with a view to the application of the Convention. Please continue to provide information on developments on the ongoing national programme for profiling industrial hazards.

The Committee also requests the Government to provide detailed information on the following points:

Article 1, paragraph 1. In its reports, the Government states that the legislation covers most workplaces. The Committee requests the Government to indicate the provisions of laws or regulations determining the branches of economic activity which are covered by the legislation giving effect to the provisions of the Convention. It also requests the Government to indicate the action that has been taken to establish provisions for work environment evaluation to be carried out on the safe use of chemicals. Please indicate the specific regulations concerning the agricultural sector referred to in the Government report, as well as any amendments to regulations adopted during the review of the existing legal provisions.

Article 5. The Committee notes that the use of certain chemicals has been restricted, particularly in the agricultural, mining and public health sectors. It requests the Government to indicate the laws or regulations empowering the Ministry of Labour through the National Social Security Authority, to take the restrictive measures referred to in this Article of the Convention.

Article 6. The Committee requests the Government to provide particulars of the measures taken to assess the hazardous properties of mixtures composed of two or more chemicals. The Committee also requests the Government to indicate the manner in which the systems and criteria established for the transport of chemicals take into account the United Nations Recommendations on the transport of dangerous goods.

Article 7. The Committee notes that the National Social Security Authority through the Division of Occupational Safety and Health are competent for the labelling and marking of all chemicals. The Committee also notes the difficulties referred to by the Government in its first report, namely that the labels are in English, a language that some workers may not understand. It also notes from the Government’s second report that all chemicals should be labelled in terms of the national practice, where in some cases, local vernacular languages have to be used on instructions and safety procedures or domestic industrial and agricultural chemicals including emergency measures. The Committee requests the Government to indicate the appropriate measures taken to ensure that hazardous chemicals are labelled in a way easily understandable to the workers in all cases concerned. Please provide a copy of the Ministry of Transport and Energy provisions that ensure that account is taken of the United Nations Recommendations on the transport of dangerous goods.

Article 9. Please indicate the provisions of laws or regulations that require suppliers to ensure the classification, identification and labelling of chemicals, as well as the preparation of chemical safety data sheets and that such data is provided to employers.

Article 10. Please indicate the provisions of laws or regulations that require employers to verify the classification and labelling of the chemicals that they use, and that they only use chemicals under the conditions required by this Article. Please provide a copy of such provisions.

Article 11. The Committee requests the Government to indicate the laws or regulations establishing the responsibility of employers in the transfer of chemicals, and to provide copies thereof.

Article 12. Please indicate the provision of laws or regulations that require employers to: ensure that workers are not exposed to chemicals to an extent which exceeds exposure limits or other exposure criteria for the evaluation and control of the working environment established by the competent authority; assess the exposure of workers to hazardous chemicals; and monitor and record the exposure of workers to chemicals and keep the records for the prescribed period. It also requests the Government to indicate the progress made in adopting national standards revising the existing exposure limits, referred to in the Government’s second report.

Article 13. The Committee will examine the provisions giving effect to this Article when the texts of some of the legislation requested above are received by the Office.

Article 14. Please indicate the provisions of laws or regulations that require that hazardous chemicals which are no longer required and containers which have been emptied, but which may contain residues of hazardous chemicals, to be handled or disposed of in a manner which eliminates or minimizes the risk to safety and health. Please provide copies of such texts if not already provided.

Article 15. The Committee notes the information provided on the activities undertaken to provide workers with information and training on the hazards associated with exposure to chemicals used at the workplace. Please indicate the legislative texts requiring the employers to fulfil these tasks.

Article 16. The Committee notes the information that national laws and approved codes of practice provide for the establishment of enterprise based bipartite organization for occupational safety and health committees. Please provide copies of these laws and approved codes of practice.

Article 17. Please provide copies of the national laws and approved codes of practice referred to in the Government report as giving effect to the requirements of this Article of the Convention.

 Article 18. The Committee requests the Government to provide copies of the measures, national laws and approved codes of practice that prescribe for the requirements of this Article, as indicated in the Government’s report.

Part IV of the report form. The Committee notes the information that the ILO multidisciplinary team SAMAT had provided technical assistance on the evaluation of the national situation regarding the legal framework and practice in the work environment. Please continue to provide information on developments in this regard.

Part V of the report form. Please continue to provide information on the practical application of the Convention, including information on inspection results, statistics on occupational accidents and diseases.