CMNT_TITLE

Safety and Health in Mines Convention, 1995 (No. 176) - Zimbabwe (RATIFICATION: 2003)

Other comments on C176

Observation

Direct Request

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The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) received on 1 September 2016.

Article 3 of the Convention. National policy. The Committee takes note with interest of the Government’s indications in reply to its previous request concerning the national policy on occupational safety and health (OSH) adopted in September 2014. The Government indicates that the national policy covers all economic sectors, including the mining sector. It was formulated in consultation with representatives of workers’ and employers’ organizations, it is reviewed every five years, and it is widely disseminated through workshops, seminars, conferences and training on OSH. The Committee takes note of this information.

Article 5(2)(b) and (d). Inspections. Compilation and publication of statistics. The Committee takes note of the Government’s indication in reply to its previous request concerning the competencies of the authorities responsible for monitoring OSH regulations. It notes, however, that the Government does not provide any information on the compilation and publication of statistics on occupational diseases and in this regard it refers to its detailed comment under the Labour Inspection Convention, 1947 (No. 81), published in 2014. The Committee requests the Government to provide information in this respect.

Article 5(4)(a), (d) and (e). First aid and medical facilities. Safe storage, transportation and disposal of hazardous substances. Sanitary and welfare facilities. The Committee notes the Government’s indications in reply to its previous request concerning requirements relating to: (a) first aid and medical facilities, pursuant to section 117(c) of Statutory Instrument (SI) 109 of 1990 on Mining (Management and Safety) Regulations and sections 17–19 of SI 182 of 1985 on Mining (Health and Sanitation) Regulations; (b) safe storage, transportation and disposal of hazardous substances, including cyanide and other chemicals, pursuant to sections 20–24 of SI 109 of 1990 on Mining (Management and Safety) Regulations; and (c) supply of sanitary and welfare facilities pursuant to sections 22–24 of SI 182 of 1985 on Mining (Health and Sanitation) Regulations. The Committee takes note of this information.

Article 5(5). Plans of workings. The Committee notes the Government’s indication in reply to its previous request concerning the preparation of plans of workings, pursuant to sections 78–86 of SI 109 of 1990 on Mining (Management and Safety) Regulations. However, the Committee notes that the obligation of the employer in charge of the mine to prepare plans of workings before the start of the operation is not established in the legislation. The Committee requests the Government to provide information in this respect.

Articles 7 and 10. Responsibilities of employers. Training and comprehensible instructions. The Committee notes the Government’s indications in reply to its previous request concerning the imposition of responsibilities on employers. In this respect, it notes that the definition of “employer” includes the manager, pursuant to section 2 of the Labour Act (No. 16/1985), as amended. The manager, who is appointed at every mine, is responsible for taking all reasonable measures to provide for safety of workers at the mine, pursuant to section 9(1)(a) and (c) of SI 109 of 1990 on Mining (Management and Safety) Regulations. Furthermore, employers’ duties include providing training and comprehensible instructions to workers, pursuant to section 15(5)(1)(m) and (n) of the Third Schedule of SI 68 of 1990 on Accident Prevention and Workers’ Compensation Scheme and section 15 of SI 109 of 1990 on Mining (Management and Safety) Regulations. The Committee takes note of this information.

Article 13(1)–(4). Rights of workers and their representatives. The Committee notes the Government’s indication in reply to its previous request that workers enjoy the right to refuse to undertake unsafe work, pursuant to section 5(d) of the national policy on OSH. The Government also indicates that pursuant to section 4(1) of the Labour Act (No. 16/1985), as amended, workers have the right to be members and engage in activities of workers committees. However, the Committee observes that the Government does not provide any information on provisions of national law or regulations that would give effect to all the rights of workers and their representatives established in this Article, as required by the Convention. The Committee requests the Government to provide information on the measures taken to ensure the application in law or regulations of each paragraph of Article 13.

Article 14. Duties of workers. The Committee notes the Government’s indication in reply to its previous request concerning workers’ duty to work in compliance with OSH requirements, including the use of personal protective equipment, and to report any hazards to the employer or the supervisor, pursuant to section 15(5) of the Third Schedule of SI 68 of 1990 on Accident Prevention and Workers’ Compensation Scheme. The Committee takes note of this information.

Article 15. Safety and health committees. The Committee notes the Government’s indication in reply to its previous request concerning employers’ duty to establish safety and health committees, pursuant to section 15(5)(q) of the Third Schedule of SI 68 of 1990 on Accident Prevention and Workers’ Compensation Scheme. The Committee takes note of this information.

Article 16(2). Availability of resources for inspection services. The Committee notes the observation of the ZCTU concerning the limited resources available that hamper the implementation of monitoring activities. The Committee requests the Government to provide its comments in this respect.