CMNT_TITLE

Prevention of Major Industrial Accidents Convention, 1993 (No. 174) - Zimbabwe (RATIFICATION: 2003)

Other comments on C174

Observation

2020

Direct Request

2020
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Legislation. The Committee notes that once again the Government has indicated that the harmonization and review of occupational health and safety (OSH) legislation is still ongoing, including consultation with the social partners. The Committee once again requests the Government to report on any progress in this regard, and to provide a copy of the text of any legislative developments.

Article 2 of the Convention. Plans to address special problems of a substantial nature. The Committee notes that the Government refers to a series of legislative texts, as providing for the current management of major industrial accidents and comprising tentative plans to address the special problems in this area, while formulation of the new OSH Act is in progress. However, the Committee notes that the legislation to which it refers does not appear to be fully relevant to this Article of the Convention. The Committee requests the Government to provide information on the specific legislative provisions providing for plans to address special problems of a substantial nature that may arise.

Articles 4 and 17. Formulation, implementation and periodic review of a coherent national policy and establishment of a comprehensive siting policy. The Committee notes the indication that the national OSH policy, which covers all workplaces (including major hazard installations), has been reviewed but that, in light of the Committee’s comments, the Government intends to consult the relevant stakeholders concerning the development of a comprehensive siting policy. Against this background, the Committee once again wishes to highlight that one of the main purposes of this Convention is to ensure that governments take the measures required to prevent major industrial accidents in order for their effects to be mitigated so far as is reasonably possible, which includes arranging for the appropriate separation of proposed major hazard installations from working and residential areas and public facilities, and appropriate measures for existing installations through a siting policy (Article 17). The Committee therefore requests the Government to provide further information on the aspects of the reviewed OSH policy specific to major hazard installations and to provide information on the consultations held with regard to the development of a siting policy and on the results of these consultations.

Article 5. Development of a system for the identification of major hazard installations. The Committee notes the indication that while the identification of major hazard installations is currently done through the general inspection system, the Government is considering the elaboration of a regulation on the prevention of major industrial accidents which would provide for an identification system specific to major hazard installations. The Committee requests the Government to take the necessary measures to establish a system for the identification of major hazard installations, based on a list of hazardous substances or of categories of hazardous substances or both, together with their respective threshold quantities. It also requests the Government to provide further information on the envisaged regulation on the prevention of major industrial accidents and on the proposed identification system, and to communicate any legislation relevant to the application of this Article of the Convention.

Article 8. Notification of the existence and closure of any major hazard installation. The Committee notes that pursuant to section 3 of the Factories and Works (Registration and Control of Factories) Regulation No. 262 of 1976 (hereinafter “Regulation No. 262”), the National Social Security Authority (NSSA) must be notified when a new major hazard factory opens or when it closes down. The Committee requests the Government to provide further information on the effect given to this Article, specifically on the notification to the competent authority of an existing major hazard installation and on the legislation which applies to installations not covered by Regulation No. 262.

Article 9(a)–(c) and (g). Documented system of major hazard prevention. The Committee notes that, in addition to referring to a series of legislative instruments, the Government indicates that employers must establish and maintain documented systems of major hazard control which include provisions for the identification and analysis of hazards and the assessment of risks, and provide for the implementation of technical measures to control the occurrence of major accidents. The Government also lists the key points relevant to emergency preparedness and response planning programmes on which employers are audited by inspection services on an annual basis. However, the Committee notes that the legislation referenced by the Government is of a general nature and is not relevant to this Article of the Convention, which requires a system with very specific measures, namely those set forth in subparagraphs (a)–(c) and (g). The Committee requests the Government to provide detailed information on the manner in which effect is given to subparagraphs (a)–(c) and (g) of this Article of the Convention, including specific references to relevant legislation.

Articles 10–12. Requirements for employers to prepare, review, update and amend safety reports and to transmit them to the competent authorities. The Committee notes that, according to the Government, Regulation No. 262 requires an employer to notify the competent authority and to obtain a certificate of operation before operating a major hazard installation and that the Factories and Works Act and the third Schedule of the NSSA (Accident and Prevention and Workers’ Compensation Scheme) notice. Statutory Instrument 68 of 1990 (hereinafter “SI 68”), require them to keep accident registers and to provide detailed accident reports to the competent authority. It also notes the indication that the new OSH Act will provide for regular safety reports as a preventative measure. The Committee requests the Government to provide further details on the measures taken or envisaged, namely with regard to the new OSH Act, to ensure that employers prepare, review, update and amend a safety report on the basis of the requirements of Article 9, and transmit or make it available to the competent authority.

Article 15. Establishment and regular updating of off-site emergency plans and procedures to protect the public and the environment outside the sites of hazardous installations. The Committee notes the Government’s indication that it will undertake comprehensive consultations with the responsible authorities with regard to the elaboration of a regulation on the prevention of major industrial accidents, including on off-site emergency plans. The Committee once again requests the Government to provide information on the consultations held, including the organizations consulted and the outcome of these consultations, and on any progress made in giving effect to this Article of the Convention.

Article 16. Duties of the competent authority prior to, and in the context of, a major accident. The Committee notes that, according to the Government, information on safety measures is disseminated to the public through workshops and seminars, and that the NSSA holds an annual OSH conference where employers and workers are provided with relevant information on OSH. However, the information provided by the Government and the legislation referenced does not demonstrate the effect given to this Article of the Convention. The Committee requests the Government to provide detailed information on the measures taken or envisaged to ensure that the competent authority fulfils the responsibilities enumerated in this Article.

Article 20. Rights of workers and their representatives. The Committee notes the Government’s indication that sections 1–5 of SI 68 provide for the rights and duties of employers and workers, including the establishment of safety and health committees and the right to information and training, and that the consultation of workers and their representatives on issues relating to OSH is done through the Zimbabwe OSH Council. However, the Committee notes that the legislation referenced by the Government is of a general nature and that it does not appear that workers and their representatives are granted the rights and duties specific to major hazard installations enumerated in this Article. The Committee once again requests the Government to provide detailed information on the measures taken or envisaged to give full effect to each of the requirements listed in this Article of the Convention.

Article 22. Requirement for an exporting State to make certain information available to an importing State. The Committee notes the Government’s statement that, as an exporting State, it will consider introducing a provision compelling it to transmit information on national prohibitions to importing States. The Committee requests the Government to provide further information on the measures taken, in law and in practice, to give effect to this Article of the Convention.

Application of the Convention in practice. The Committee notes that a 2011 survey by the NSSA identified 24 major hazard installations in the country and uncovered that none of the 19 establishments evaluated had established systematic safety reports, largely due to the absence of an explicit legislative requirement compelling them to do so. The Committee also notes that, in view of these findings, the survey recommended the formulation of a specific regulation on the prevention of major industrial accidents which would include the requirement for employers to establish regular safety reports. The Committee requests the Government to provide information on the measures taken to follow up the recommendation formulated in the NSSA’s survey regarding safety reports and to continue to provide information on the number of major hazard installations identified, and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc.