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

Legislation. The Committee notes the information 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. The Committee has requested the Government to keep the Office informed of any development in this respect and to transmit copies of any new legislation once it has been adopted in the context of the application of the Occupational Safety and Health Convention, 1981 (No. 155). The Committee welcomes the submission of relevant up-to-date legislation and practices and also notes the information provided regarding effect given to Article 13 of the Convention.

Article 2 of the Convention. The formulation, implementation and periodical review of a national policy. The Committee notes that, according to the Government’s report, the Zimbabwe Occupational Safety and Health Council is responsible for the formulation, implementation and review of the relevant national policy, but that it is not clear whether a policy, as provided in this Article, has been formulated and is periodically reviewed. The Committee reiterates its request to the Government to provide information on the effect given to this Article of the Convention in law and in practice, and to submit a copy of any national policy adopted.

Article 3. Occupational health services. The Committee notes that the Statutory Instrument 68 of 1990 (SI 68), third schedule, paragraph 1, prescribes the employers’ responsibility related to occupational health services and that occupational health services are required by law in some occupations such as mines. The Committee also notes the Government’s statement that the coverage of occupational health services is limited to certain dust occupations in the formal sector, but that the intention is to extend the requirement for occupational health services to all workplaces through the new OSH legislation. The Committee requests the Government to keep the Office informed on how this new legislation is being implemented in practice, once adopted.

Article 5. The functions of occupational health services. The Committee notes the Government’s statement that SI 68, the Factories and Works Act and the Pneumoconiosis Act provide for all the listed activities of this Article. The Committee requests the Government to identify the specific provisions in the relevant legislation giving effect to all functions enumerated in Article 5 and to provide detailed information on measures taken, in law and in practice, to ensure the delivery of occupational health services in relation to the risks of the undertaking.

Articles 7 and 9. Organization and operation of occupational health services. The Committee notes the Government’s report indicating that occupational health services are mainly organized through the National Social Security Authority (NSSA). It also notes the information that the envisaged OSH law will encourage undertakings to establish occupational health services as a single entity or as a service common to a number of undertakings. The Committee hopes the new OSH law will prescribe measures to give effect to the provisions of this Article and asks the Government to report on the development in this respect.

Article 8. Implementation of organizational and other measures relating to occupational health services. The Committee notes the statement that effect is given to this Article through several pieces of legislation, but that no further information is provided in this respect. The Committee requests the Government to indicate how effect is given, in law and in practice, to this Article, including specific references to relevant legislation

Article 10. Full professional independence of occupational health services. The Committee notes that the Government’s report is silent in this respect. The Committee reiterates its request to the Government to submit further information on the effect given, in law and in practice, to the provisions of the Article.

Article 11. Qualifications of personnel providing occupational health services. The Committee notes the reference made to various professions relevant in the area of occupational hygiene. The Committee requests the Government to provide further information on the criteria and required composition of teams providing occupational health services according to the nature of the duties to be performed.

Article 12. Surveillance of workers’ health in relation to work and the manner in which it is ensured that it takes place as far as possible during working hours. The Committee notes the Government’s report stating that, according to the Pneumoconiosis Act, Chapter 15:08, and the Factory and Works Act, Chapter 14:08, surveillance of workers’ health is free for workers. The Committee requests the Government to provide further information on measures taken, in law and practice, to ensure that the surveillance of workers’ health takes place during working hours.

Article 15. Information of occurrences of ill health among workers and absence from work for health reasons. The Committee notes that the SI 68, third schedule, Chapter 3, prescribes that supervisors or health and safety representatives are required to report and investigate accidents, or identify potential hazards which may affect the health and safety of workers. It also notes that the Factory and Works Act provides accident registers and notification of accidents. The Committee notes, however, that the Government does not indicate how effect is given to the requirement that information on occurrences of ill health amongst workers, and absence from work for health reasons, should be transmitted to the occupational health services. The Committee requests the Government to provide further information on measures taken to give effect to this provision of the Convention.

Part VI of the report form. Application in practice. Please refer to the comment made this year regarding the application of the Occupational Safety and Health Convention, 1981 (No. 155).