Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Measures for the prevention and control of, and protection against, occupational hazards relating to vibration. The Committee notes that the Government has once again indicated that legislative provisions to satisfy the requirements of the Convention with regard to vibration would be adopted after the hazards caused by vibration are fully studied. The Committee hopes that such measures would be adopted in the near future and that they would give effect to Articles 2, 4, 8, 9, 12 and 14 of the Convention with regard to vibration. Please keep the Committee informed in this regard.

Article 5, paragraph 4. Opportunity to accompany inspectors. The Committee notes that the Government has indicated that there is no specific legal provision allowing representatives of the employer and the workers of the undertaking to accompany inspectors supervising the application of the prescribed measures. The Committee also takes note in this context, of the ongoing revision of the Factories and Workplaces Act. Please indicate the measures taken or envisaged to ensure that representatives of the employer and the workers are guaranteed under the law the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of this Convention.

Article 6, paragraph 1. Responsibility of employers. The Committee notes that the Government has not provided any information in reply to its previous comments seeking information on the specific provisions of national legislation that make employers responsible for compliance with the measures prescribed in national legislation that give effect to the Convention. Please indicate the measures taken or envisaged to ensure that employers are made responsible, under the law, for compliance with the prescribed measures.

Article 6, paragraph 2. Procedures prescribed for collaboration between two or more employers. The Committee notes that the Government has indicated that procedures prescribed for collaboration between two or more employers undertaking activities simultaneously at one workplace are provided for in the Mines and Minerals (Environmental) Regulations, 1997. In addition, inspectors from the Mines and Factories Inspectorate advise employers undertaking activities simultaneously at one workplace so that there is collaboration in operations, commensurate with health and safety standards. Please indicate the specific provisions of national legislation which require collaboration between two or more employers undertaking activities simultaneously at one workplace to address the problems of air pollution, noise and vibration. Also, please indicate the general procedures prescribed by the Mines and Factories Inspectorate for such collaboration.

Article 7, paragraph 1. Compliance of safety procedures by workers. The Committee notes that the Government has not provided any information in reply to its previous comments seeking information on the specific provisions of national legislation requiring workers to comply with safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration in the working environment. Please indicate the measures taken or envisaged to ensure that workers are required under the law to comply with safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration in the working environment.

Article 7, paragraph 2. Rights of workers and their representatives to present proposals and obtain training and to appeal to appropriate bodies. The Committee notes that the Government has indicated that there are no legislative provisions regarding the procedures available to workers or their representatives to present proposals and obtain training. However, the workers through their unions are free to make proposals on any matters concerning their safety and health to appropriate government agencies such as the Factories Inspectorate, Mines Safety Inspectorate and Environmental Council of Zambia. Please indicate the measures taken or envisaged to secure under the law the right of workers and their representatives to present proposals and obtain information and training. Also, please indicate the appropriate bodies to which they can appeal so as to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8, paragraphs 2 and 3. Criteria for determining the hazards of exposure and exposure limits:

(a)    Exposure to noise and vibration. The Committee notes that the Government has indicated that regulations are not yet in place to establish the criteria for determining the hazards of exposure to noise and vibration in the working environment and to specify their exposure limits. The Committee also notes in this context the proposed amendment to section 71 of the Factories and Workplaces Act to establish 85db(A) as the exposure limit for noise. The Committee hopes that the necessary changes to the law would be effected in the near future establishing the criteria for determining the hazards of exposure to noise and vibration in the working environment and specifying their exposure limits. Please keep the Committee informed in this respect.

(b)    Exposure to air pollution. The Committee notes that the Government has indicated that the exposure limits of air pollution are covered by regulations under a statutory instrument of 1997. Please transmit a copy of the said regulations. Also, please transmit a copy of the table of guidelines for ambient air pollution and the table of long-term emission limits for air pollution by type of industry/process currently in use in Zambia which have not been received along with the Government’s report.

(c)    Supplementing and revising established criteria and exposure limits. The Committee notes the indication of the Government that the established criteria and exposure limits are supplemented and revised when necessary and that no account has been taken so far of any increase in occupational hazards resulting from simultaneous exposure to several harmful factors. The Committee hopes that the Government would soon take appropriate measures to ensure that procedures are established by which the established criteria and exposure limits are regularly supplemented and revised in the light of current national and international knowledge and data, taking into account as far as possible any increase in occupational hazards resulting from simultaneous exposure to several harmful factors. Please indicate the measures taken or envisaged in this respect.

(d)    Designation of technically competent persons by representative organizations of employers and workers. The Committee notes the indication of the Government that no representative organizations of employers or workers have as yet designated technically competent persons to address the problems of air pollution, noise and vibration. The Committee hopes that the Government would soon take the necessary measures to ensure that the most representative organizations of employers and workers designate the said technically competent persons and keep the Committee informed in this respect.

Article 10. Provision of suitable personal protective equipment. The Committee notes that section 69, subsection 2 of the Environmental Protection and Pollution Control Act, 1990, empowers the inspectorate to order the employer to provide adequate protective equipment and clothing when noise limits are exceeded and that sound level meters, dust samplers and vibration meters are used to determine whether these limits are exceeded. Please indicate the specific provisions of national legislation that require the employer to provide and maintain suitable personal protective equipment when the specified exposure limits are exceeded in the case of air pollution and vibration and also the provision which stipulates that the employer shall not require a worker to work without the personal protective equipment provided in pursuance of Article 10 of the Convention. Also, please provide a copy of the document issued by the Environmental Council of Zambia referred to in the Government’s previous report but not enclosed along with it.

Article 11, paragraphs 1 and 2. Medical examination of workers. The Committee notes that the Government has indicated that supervision of workers’ health is required in cases such as that of their exposure to highly toxic substances or excessive noise levels and that the workers can then be referred for medical examination at the expense of the employer. The Committee also notes the Government’s indication that the nature and frequency of the periodic medical examination is determined by the hazard which the workers are exposed to. It notes that the frequency of medical examinations for exposure to vibrating tools is once a year and for exposure of workers to excessive noise levels in mining, saw mills and the textiles industry is once in three years. The Committee also notes that the proposed amendment to section 26 under the draft Factories and Workplaces Act empowers the minister to require the compulsory medical examination of employees before, during and after the termination of employment, if necessary, at regular intervals, in respect of workplaces where work involves risk to health. It also provides that the costs in connection with such examination shall be paid by the employer or the State according to the rules laid down by the minister. The Committee hopes that these amendments to the Factories and Workplaces Act will be adopted in the near future and requests the Government to keep it informed in this respect.

Article 15. Appointment of a competent person or use of a competent service. The Committee notes that the Government has indicated that employers are required to appoint a competent service either when the services of a competent service are needed, for purposes such as monitoring exposure levels or in a case of emergency. Please indicate the specific provisions of national legislation that require the appointment of a competent person or the use of a competent independent service by employers in such circumstances.