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

Articles 3, 11 and 12 of the Convention. National legislation and prohibitions. With reference to its previous comments, the Committee notes that the Government provides no further information on the effect given to these Articles of the Convention. The Committee therefore reiterates its request to the Government to provide detailed information in its next report on the application of the Convention to all activities involving the exposure to asbestos in the course of work, “the exposure to asbestos” meaning exposure at work to airborne breathable asbestos fibres or asbestos dust, whether originating from asbestos or from minerals, materials or products containing asbestos, in accordance with Article 2(e); and particularly to provide detailed information on the measures taken with respect to the demolition of plants or structures under Article 17 of the Convention.

Articles 3(1)–(2) and 15. Exposure limits. The Committee notes the Government’s report stating that the Zimbabwe Occupational Safety and Health Council (ZOSHC) has lowered the exposure limit of chrysotile to 0.5f/ml. It also notes the next review is envisaged to be conducted in 2010 to promote the adoption of an exposure limit of 0.1f/ml. The Committee requests the Government to provide further detailed information regarding the new exposure limit, including the referenced amendment of the guideline on occupational exposure limits for dust and chemical substances. The Committee further requests the Government to keep the Office informed of any new developments in this respect and also to provide information regarding the exposure limit of other types of asbestos.

Article 6(2) and (3). Cooperation between two or more employers undertaking activities simultaneously at one workplace and preparation of procedures for dealing with emergency situations. The Committee notes that, according to the Government, no special procedures were prescribed in this respect. It also notes that the National Social Security Authority (NSSA) recognized and reinforced the employers’ shared responsibility to ensure workers’ protection against any occupational hazards and further measures and procedures including emergency preparedness. The Committee requests the Government to provide further information on measures including those taken by the NSSA, to ensure the application of the provisions of these Articles by law.

Articles 7 and 20(3) and (4). Workers’ obligations and rights. The Committee notes that, in response to its previous comment, the Government indicates that the Convention is well applied in the chrysotile mining asbestos industry and that major chrysotile-cement industries have well established work environment monitoring programmes including access by workers to the results of such monitoring. The Committee also notes the information that the envisaged new Occupational Safety and Health (OSH) legislation will ensure the right of workers to appeal to the competent authority concerning the results of the monitoring. The Committee requests the Government to provide additional information on measures taken to ensure that workers and/or their representatives have access to the employers’ records on the monitoring of the working environment in industries where workers may be exposed to asbestos, and to keep the Office informed on developments with regard to the right to appeal to the competent authority concerning the results of the monitoring.

Article 14. Producers, manufacturers and suppliers. The Committee notes the Government’s report stating that Statutory Instrument 68 of 1990 on accident prevention and workers’ compensation, third schedule, paragraph 2 (a) and (b), provides the general duties of manufacturers, designers and suppliers to take necessary measures to prevent safety and health hazards. The Committee notes, however, it does not fully meet with the requirements of the Article. The Committee therefore requests the Government to provide additional information on measures taken to ensure that producers, manufacturers and suppliers of products containing asbestos are made responsible for adequate labelling of the container, as prescribed by the competent authority.

Article 15(3). Employers’ responsibility for measures taken to prevent and control the release of asbestos in the air and to reduce the exposure level. The Committee notes the Government’s report indicating that the NSSA Statutory Instrument 68 of 1990, paragraph 1(a)–(h) and (k), prescribes measures to be taken to control exposure to chrysotile, and also that the Factory and Works (General) Regulations 1976, Government Notice 263, sections 12 and 14, ensure proper engineering control measures are put in place to prevent exposure. The Committee notes, however, that no information is provided with respect to measures taken to prevent and control the release of any other type of asbestos other than chrysotile asbestos. The Committee requests the Government to provide further information on measures taken to give full effect to this provision of the Convention, in law and in practice.

Article 15(4). Employers’ responsibility for the use of respiratory equipment as a supplementary, temporary, emergency or exceptional measure. The Committee notes that, according to the Government, employers are required to provide personal protective equipment (PPE) to workers free of charge. The Committee notes, however, that no information was provided regarding the prime importance of technical control measures. The Committee requests the Government to provide further information on measures taken to ensure a full application of this provision of the Convention.

Articles 15(4) and 18. Employers’ responsibility for cleaning and maintenance of PPE contaminated with asbestos. The Committee notes that, according to the Government, employers are responsible for the cleaning and maintenance of PPE and the provision of changing rooms and washing facilities for workers in the chrysotile industry. The Committee requests the Government to provide further information on the relevant legislation in this respect and also measures taken to give effect to this Article in other industries where the workers may be exposed to asbestos.

Article 19. Employers’ responsibility for disposal of waste containing asbestos. The Committee notes that, according to the Government, the chrysotile mines in Zimbabwe have a good programme on chrysotile waste, while the manufacturing industry and other industries handle their waste in cooperation and compliance with municipal local authorities by law. It also notes the Waste Management Law which covers waste containing chrysotile is enforced through the Environment Management Act, Chapter 20:27. The Committee requests the Government to indicate the employers’ responsibility in this respect. The Government is also requested to provide further information on programmes on waste containing asbestos including types of asbestos other than chrysotile.

Article 21. Medical examinations. The Committee notes that, according to the Government, mines have a programme of exit medical examinations and that the Government has promoted and encouraged employers to conduct medical examinations upon termination of employment. The Committee requests the Government to provide additional information on measures taken to give effect to the provisions related to medical examinations carried out in all industries where there is or has been the potential for the workers to be exposed to asbestos, including pre- employment; during and after the termination of employment; that the examinations are free of charge to the workers; and that as far as possible, they take place during working hours.

Article 21(2) and (4). Provision of other means of maintaining income. The Committee notes the Government’s report stating the social security benefits to workers who are declared medically unfit to continue work. The Committee notes, however, that the report is silent as regards efforts made to provide such workers with other means of maintaining their income in case of unavailability of social security benefits. The Committee requests the Government to provide additional information on measures taken, consistent with national conditions and practice, to provide workers, declared medically unfit to continue work which involves exposure to asbestos, with other means of maintaining their income.

Part V of the report form. Application in practice. The Committee notes that the Government recognizes that, in order to improve the implementation of the Convention, there would be a need to develop more comprehensive legislation covering the use and possible exposures to all types of asbestos and that it is aware of the concerns raised by the social partners in this respect. The Committee also notes that, while the Government indicates that information regarding the number of workers covered by the Convention is not available, efforts would be made to provide such statistics. The Committee asks the Government to keep the Office informed on any developments regarding the extension of the scope of national legislation and on any measures taken to ensure a full application of the Convention. With reference to what was stated in the 2009 General Survey on occupational safety and health regarding the crucial importance of relevant data on occupational accidents and diseases, and with further reference to the Committee’s comment this year regarding the application by Zimbabwe of the Occupational Safety and Health Convention, 1981 (No. 155), the Government is urged to give consideration to establishing a data collection system.