Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Legislation. The Committee notes the information from the Government indicating that there have been no legislative changes which affect the application of the Convention but that a new occupational safety and health (OSH) law is under review by the Ministry of Labour and Social Service. In this context, the Committee hopes that the Government will take into account the comments that have been made by the Committee in the context of the application of the present Convention as well as the other OSH Conventions ratified by Zimbabwe. The Committee requests the Government to keep the Office informed of the developments in this regard and to transmit copies of any new legislation once it has been adopted.

Part V of the report form. Article 9(2) of the Convention. Application in practice. Adequate penalties for violations of the laws and regulations. Statistical information. The Committee notes that in response to its previous comments, the Government refers to the monitoring functions entrusted to the inspectorate services, including the requirements related to the registration and licensing of hazardous substances also monitored by the inspectorate services. In terms of statistical information, the Government merely notes that there are about 1,300,000 workers covered by national legislation in the formal sector, and an unknown number of workers in the informal economy, and that there were 146 (unspecified) contraventions. The Government does not provide any further statistical data, nor more detailed information based on the work of the inspectorate services. In this context, and with reference to the ILO Plan of Action (2010–16) to achieve widespread ratification of Convention No. 155, its 2002 Protocol and Convention No. 187 (see www.ilo.org/wcmsp5/groups/
public/---ed_norm/---normes/documents/genericdocument/wcms_125616.pdf), the Committee invites the Government to consider developing its recording and notification systems and to consider a ratification of the Protocol of 2002 to the present Convention, which regulates issues related thereto. As regards the comments by the Zimbabwe Congress of Trade Unions (ZCTU) that the penalties and fines for non-compliance with the law on occupational health are too low, the Government indicates that, although under current legislation violations were fined and properly followed up, the new OSH law which is under review will provide for stiffer penalties for violations of the OSH law. Levels of fines in Zimbabwe range from levels one to 14, where one is the lowest. The penalties provided for in the new law will range from ten to 14. The Committee also notes that in comments made on the application of other OSH Conventions ratified by the Government, the ZCTU further considers that the main shortcomings in the application lies in the monitoring and enforcement of relevant national legislation and that another notable challenge is the court system where OSH cases are allegedly not given priority and prosecutions can take more than two years to be brought before the courts. Against this background, the Committee requests the Government to respond to the comments by the ZCTU by providing further detailed information on the application in practice of both existing, as well as any future, legislation with regard to the present Convention; to submit information regarding the sanctions which apply for breaches of national OSH legislation and the follow-up thereto; and to keep the Committee informed of any developments regarding the recording and notification system in the country.

The Committee is raising other points in a request addressed directly to the Government.