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1. Further to its observation the Committee notes that Article 108 of the newly adopted Occupational Safety and Health Act, 2003 (No. 5), provides that existing rules adopted under the Factories Ordinance of 1950 would remain in force until revoked or replaced. It also notes that the Government indicates that subsidiary legislation and standards to the Occupational Safety and Health Act was being prepared. With reference to its previous comments, the Committee requests the Government to transmit to it copies of the current Factories Ordinance (Occupational Health Services) Rules 2001. It also requests the Government to transmit to it any new legislation relevant for the implementation of the present Convention.

2. Article 4, paragraph 1(f) of the Convention. Procedures for emergency situations; and paragraph 3. Technical standards. Further to its previous comments, the Committee notes the Government’s report is silent as regards the application of these provisions of the Convention. In the context of the application of paragraph 3 of this Article, the Government may wish to consult the ILO Code of practice, Safety and Health in Ports, Geneva, 2005, which is available, inter alia, through the ILO’s web site by following the link: http://www.ilo.org/public/
english/protection/safework/cops/english/index.htm. The Committee request the Government to provide information on measures taken or envisaged to give effect to these provisions of the Convention.

3. Article 11, paragraph 1. 1. Width of passageways for pedestrians and cargo-handling appliances. Article 14. Installation, construction, operation and maintenance of electrical equipment. Further to its previous comments, the Committee notes the Government’s statement that standards on width for passageways permitting the safe use of vehicles and cargo-handling appliances as well as electrical national standards and regulations have yet to be developed. The Committee hopes that these issues will be regulated in new legislation to be developed. It requests the Government to keep the Office informed of all developments in this regard and supply a copy of relevant texts once they have been adopted.

4. Article 13, paragraphs 2, 3 and 6. Measures to be taken so that the power to any machinery may be cut off promptly if necessary and rules to be followed when the guard or safety device has been removed. Further to its previous comments, the Committee notes that the indications provided by the Government do not seem to address the issues provided for in these provisions of this Article of the Convention. The Committee requests that the Government indicates measures taken to give effect to the provisions of this Article of the Convention.

5. Article 20, paragraph 1. Safety of workers in the hold or on the cargo deck during operations. Article 26, paragraph 1(b). Arrangements for the mutual recognition of testing requirements. Article 28. Rigging plans. Article 33. Protection of workers against excessive noise. Further to its previous comments, the Committee notes that the Government’s report is silent as regards the application of the provisions of these provisions of the Convention. The Committee requests the Government to indicate measures taken, in law and in practice, to give effect to these provisions of the Convention.

6. Article 36, paragraph 1(a) and (b). Periodicity for medical examinations. The Committee notes that while section 24 of the Occupational Safety and Health Act 2003, provides a thorough pre-placement and periodic occupational medication examination for fitness for employment and for employees shall be carried out by a qualified occupational health physician, there is no reference to the periodicity of these medical examinations. The Committee requests the Government to indicate measures taken to give effect, in law and in practice, to the requirement to provide for medical examinations regulated in this Article. It also requests the Government to indicate the maximum intervals at which periodic medical examinations of portworkers are carried out in practice.

7. Part V of the report form. Application in practice. With reference to its previous comments, the Committee reiterates its request to the Government to provide a general appreciation of the manner in which the Convention is applied in the country and attach extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported.

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The Committee notes the information in the Government’s report including responses to the Committee’s previous comments. It notes the adoption of the Occupational Safety and Health Act, 2003 (No. 5), which repeals the Factories Ordinance, Chap. 297, of 1950 and notes with satisfaction that this Act gives effect to Articles 4(1)(c) and 2(r); 4(2)(b), (o) and (q); 12; 36(2); 37; 38 and 41 of the Convention.

The Committee is addressing a request directly to the Government on other matters.

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The Committee notes the information provided by the Government in reply to its previous comments. It notes in particular the information concerning Articles 5(2), 6(2), 7(2), 9(2), and 10(2) of the Convention. The Committee would be grateful if the Government would provide information on the measures adopted to give effect to the following provisions of the Convention.

Articles 4(1)(c) and (2)(r), and 38(1). Further to its previous comments, the Committee notes the information that by virtue of section 58(1) of the Factories Ordinance Cap. 297 of 1950, the provisions of the Ordinance mentioned in subsection (1) of section 58 shall apply to every dock, wharf or quay as if it were a factory. The Committee notes however, that the only provisions of Part V thus made applicable to every dock, wharf or quay are those referred to in section 58(1)(c) and (d), but it does not include section 29 of the Ordinance. Moreover, according to section 58(2), second paragraph of the Ordinance, even the only such provisions mentioned in the said paragraphs (c) and (d) of the same section 58(1) shall not apply in relation to any such machinery or plant (used in loading, unloading, or coaling of any ship in any dock or harbour) which is on board a ship and is the property of the shipowner. The Committee recalls the Government’s indication in its earlier report that section 29 of Part V of the same Ordinance applies these Articles of the Convention. The Committee requests the Government to provide clarification on this question. In the event that section 29 of the Ordinance does not apply to every dock, wharf or quay, and to the extent that section 58(2) of the same Ordinance also excludes even the few provisions of Part V of the Ordinance that were considered applicable, from applying to the machinery or plant which is on board ship (used in loading and unloading operations in ports or harbours), the Committee requests the Government to take the necessary measures to apply these Articles of the Convention.

Article 4(1)(f) and (3). Further to its previous comments, the Committee notes the information that no standard or code of practice or other appropriate methods consistent with national practice and conditions have been developed yet to implement in practice the emergency plans set by the fire and safety department referred to by the Government in an earlier report. The Committee recalls that the practical implementation of the measures taken in pursuance of Article 4(1)(f) of the Convention is required to be ensured or assisted by technical standards or codes of practice approved by the competent authority, or by other appropriate methods consistent with national practice and conditions. The Committee hopes the Government will take the necessary measures to give effect to these provisions of the Convention.

Articles 4(2)(b) and 12. Further to its previous comments, the Committee notes the information that sections 41 and 42 of the Factories Ordinance provide for the requirements of these Articles of the Convention. The Committee refers to its comments under Articles 4(1)(c) and (2)(r), and 38 above. It notes that sections 41 and 42 of the Ordinance are in its Part V but that, by virtue of section 58(1)(c) and (d) of the Ordinance, they appear not to be applicable to every dock, wharf or quay. It would be grateful if the Government would provide clarification on this matter. In the event sections 41 and 42 of the Factories Ordinance do not apply to every dock, wharf or quay, the Committee requests the Government to take the necessary measures to give effect to these provisions of the Convention.

Article 4(2)(o) and (q). Further to its previous comments, the Committee notes the information that the requirements of these subparagraphs of Article 4(2) of the Convention are reflected in the Factories Ordinance (Occupational Health Services) Rules 1985. Please provide a copy of these Rules with the next report.

Article 11(1). Further to its previous comments, the Committee notes the information that no standard width for passageways permitting the safe use of vehicles and cargo-handling appliances has been set yet. The Committee would be grateful if the Government would indicate how compliance is ensured with the requirements of this provision of the Convention.

Article 13(2), (3) and (6). Further to its previous comments, the Committee notes the information that section 29 of the Factories Ordinance applies the requirements of these paragraphs of Article 13 of the Convention, and that training on labelling of dangerous areas has been conducted by the Factories Inspectorate at the ports. It also notes that the fire and safety department at the port is responsible for ensuring that the requirements of these paragraphs of the Article are met. The Committee refers to its comments under Articles 4(1)(c) and (2)(r), and 38(1) above, regarding the question of the applicability of section 29 to every dock, wharf or quay. Please indicate the measures taken or envisaged to ensure that the requirements regarding the guarding of all dangerous parts of machinery are met as required by this provision of the Convention.

Article 14. Further to its previous comments, the Committee notes the information that the Government is planning to establish electrical national standards and regulations or adopting suitable international standards, and that these will address the problem. Please keep the Office informed of all developments in this regard.

Article 20(1). Further to its previous comments, the Committee notes the information that surprise inspections by factories inspectors ensure the safety of workers required to be in the hold or on a cargo deck of a ship when power vehicles operate appliances. The Committee would be grateful if, in addition to such inspections, the Government would take all other measures to meet the requirements of this paragraph of Article 20. In this regard it wishes to draw the Government’s attention to the ILO Guide to Safety and Health in Dock Work, and more particularly Chapters 7 and 9 of the Guide.

Article 26(1)(b). The Committee notes the information provided by the Government in reply to its previous comments, that there are no measures adopted to ensure the requirements of this subparagraph of Article 26, but that the Dock Rules will be amended to this end. Please keep the Office informed of all developments in this regard and please supply a copy of the adopted amendments.

Article 28. Further to its previous comments, the Committee notes the information that the Dock Rules will be amended to meet the requirement that every ship shall carry rigging plans and any other relevant information necessary to permit the safe rigging of its derricks and accessory gear. Please keep the Office informed of any developments in this respect, and please supply a copy of the adopted amendments.

Article 33. The Committee notes the information provided by the Government in reply to its previous comments, that the Government is preparing rules that will cover industrial hygiene problems including the problem of excessive noise. The Committee hopes these rules will be adopted soon and that they will be made applicable to dock work. Please keep the Office informed of all developments in this regard and please supply a copy of the adopted rules.

Article 36(2). Further to its previous comments, the Committee notes the information that the Government has prepared the Factories (Occupational Safety and Health Services Fees) Rules 2001, section 36 of which draft, covering occupational health services, will provide that the cost of medical examinations and investigations will be covered by the employers. Please keep the Office informed of all developments in this regard and please supply a copy of the adopted Rules. Please provide information on the applicable rules in Zanzibar.

Article 37. Further to its previous comments regarding the establishment of safety and health committees in ports, the Committee notes the information that the Government is repealing the Factories Ordinance and changing it into an Occupational Health and Safety Act, whereby the requirements of Article 37 of the Convention will be addressed. It also notes the information that the Factories Inspectorate is in the process of changing into a Government Executive Agency and there is a plan to establish a national occupational health and safety policy and that under such plan, safety and health committees will be encouraged to be established in the workplace. The Government indicates also that as a government agency, the Factories Inspectorate will have enough resources to do follow-ups and to ensure that safety and health committees are established at workplaces. Please keep the Office informed of all developments in this respect and please supply a copy of the adopted Occupational Health and Safety Act.

Article 38. The Committee notes the information provided by the Government in reply to its previous comments, that the Dock Rules are being amended to provide for the required procedures, instructions and training with a view to ensuring that no worker is employed in dock work unless he has been given adequate instruction or training. The Committee hopes these amendments will be adopted soon and thus bring the legislation into line with this provision of the Convention. Please supply a copy of the adopted amendments.

Article 38(2). The Committee notes the information provided by the Government in reply to its previous comments, that section 32(8) of the Factories Ordinance provides for the requirements of this paragraph of Article 38 of the Convention. The Committee draws the attention of the Government to its comments above under Articles 4(1)(c) and (2)(r), and 38(1), of the Convention. Please provide clarifications as to the application of section 32(8) of the Ordinance in light of section 58(1) of the same Ordinance.

Article 41 and Part V of the report form. The Committee notes the information provided in the Government’s report in reply to its previous comments, that in order to ensure the implementation of the Docks Rules, 1962, statutory inspections consisting of: plant inspection of lifting machinery, lifting tackles, ropes, pulleys and docks, etc. in application of sections 26 to 31 of the Dock Rules; occupational hygiene surveys; and occupational health surveillances are conducted. Moreover, the Government indicates that the implementation of the main legislation of the Docks Rules, 1962, and the Factories Ordinance, is complemented by the Factories (Occupational Safety and Health Services Fees) Rules 2001, which the Government indicates will be in force by July 2001. It further states that while no survey has been conducted, under the new Executive Agency (OSHA) this will be done and the statistics will be made available. The Committee hopes that these measures will be taken soon in order to ensure that appropriate inspection services supervise the application of the measures taken in pursuance of the Convention. It also hopes that extracts from the inspection reports, information on the number of workers covered by the legislation, and the number and nature of the contraventions reported, will be attached to the Government’s next report.

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The Committee notes the information provided by the Government in its reports. The Committee requests the Government to supply information on the measures adopted in order to give effect to the following provisions of the Convention.

Articles 4, paragraphs 1(c) and 2(r), and 38, paragraph 1, of the Convention. The Committee notes the information provided by the Government in its reports which state that section 29 of the Factories Ordinance, 1950, provides for these provisions of the Convention. However, it notes that according to section 58 of the Factories Ordinance, 1950, section 29 is not extended to dock workers. The Committee hopes that the Government will take the necessary measures to bring its legislation into line with these provisions of the Convention. In addition, the Committee recalls that for Article 38, according to the report form approved by the Governing Body of the ILO, information should be communicated on the manner in which instruction and training is provided with respect to the potential risks attaching to the work of the worker and the main precautions to be taken. The Committee would be grateful if the Government would supply this information with its next report.

Article 4, paragraphs 1(f) and 3.  The Committee notes the information provided by the Government in an earlier report that there is a fire and safety department which sets out all emergency plans. The Committee also recalls that according to this Article, the practical implementation of the requirement in subparagraph 1 should be ensured and assisted by technical standards or codes of practice approved by the competent authority. The Committee would be grateful if the Government would supply a copy of the emergency plans with its next report.

Article 4, paragraph 2(b), (o), (q).  The Committee requests the Government to communicate a copy of the legislation applying this provision of the Convention and in particular concerning: (b) fire and explosion prevention and protection; (o) medical supervision; and (q) safety and health organization.

Article 5, paragraph 2.  The Committee takes note of the information of the Government in its report. The Committee notes from the Government’s earlier report that when two or more employers are undertaking activities simultaneously at one workplace, they shall collaborate in order to comply with the prescribed measures for the health and safety of their employees. It further notes that there are no explicit and general procedures prescribed by the competent authority. The Committee requests the Government to take the necessary measures in order that the competent authority prescribes general procedures to apply this provision of the Convention.

Article 6, paragraph 2.  The Committee recalls that under this provision there shall be arrangements under which workers should participate in ensuring safe working. The Committee once again requests the Government to take the necessary measures to ensure the application of this Article.

Article 7, paragraph 2.  According to the report of the Government there has not been a specific provision ensuring collaboration between employers and workers or their representatives in the application of the measures giving effect to the Convention. The Committee requests the Government to take the necessary measures to ensure the application of this provision of the Convention.

Article 9, paragraph 2.  The Committee notes from an earlier report of the Government that there are no explicit provisions for marking obstacles where dock work is being carried out. It asks the Government to indicate the measures taken or contemplated to give effect to this provision of the Convention.

Article 10, paragraph 2.  The Committee requests the Government to indicate the measures taken or contemplated to ensure that the work shall be done in a safe and orderly manner where goods or materials are stacked, stowed, unstacked or unstowed.

Article 11, paragraph 1.  The Committee takes note of the information provided by the Government in its last report that no minimum width has been prescribed for vehicles and cargo-handling gear. The Committee requests the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Articles 12.  The Committee requests the Government to indicate the national law that applies this provision of the Convention and provide a copy of this legal text.

Article 13, paragraphs 2, 3 and 6.  The Committee takes note of the information provided by the Government in its report that no provision has been adopted for the application of these paragraphs. Please indicate the measures taken or envisaged to ensure the application of this provision of the Convention.

Article 14.  The Committee takes note of the information provided by the Government in its report that there is no specific provision for the application of this article. Please indicate the measures taken or contemplated to give effect to the Convention on this point.

Article 16, paragraph 2.  The Committee notes that the response of the Government included in its report refers to the transport of workers by water. The Committee recalls that in an earlier report the Government had indicated that safe transport by bus or other small vehicle is provided by the company. Please indicate the particulars of the measures prescribed to ensure that such land transport is safe.

Article 20, paragraph 1.  The Committee recalls that paragraph 1 of this Article provides for measures to ensure the safety of workers required to be in the hold or on a cargo deck of a ship when power vehicles operate or power-operated appliances are used. The Committee trusts that the Government will adopt the necessary measures to ensure the application of this provision of the Convention.

Article 26, paragraph 1(b).  The Committee notes the information provided by Government according to which competent inspectors either from the Labour Department or from the Harbours Authority and competent free-lance inspectors on behalf of the Government ensure that the relevant provisions are implemented. It recalls that this provision provides for the acceptance or recognition of competent persons, or national or international organizations between Members who have ratified the Convention under the conditions, make their continuance dependent upon satisfactory performance. The Committee hopes that the Government will supply with its next report information on the measures adopted to ensure the application of the Convention on this point.

Article 28.  The Committee takes note of the information provided by the Government in an earlier report that rigging plans are not mentioned in the National law. The Committee hopes that the Government will take the necessary steps to give effect to this provision of the Convention.

Article 33.  The Committee requests the Government to indicate the measures adopted or envisaged to protect workers against the harmful effects of excessive noise at the workplace, other than the provision of suitable protective appliances.

Article 36.  The Committee takes note of the information provided by the Government in its report that the Occupational Health Service Rules, 1985, provides for the application of this Article of the Convention. The Committee request the Government to supply more detailed information on the way in which this Article of the Convention is applied taking into consideration the particulars requested in the report form under this Article of the Convention.

Article 36, paragraph 2.  The Committee notes that section 38 of the Zanzibar Labour Act, 1997, provides that: "Any employee who enters into a written contract of service shall, in accordance with the procedure made by the Ministry of Health, undergo a medical examination at his own expense." It recalls that according to this provision of the Convention "All medical examinations and investigations carried out in pursuance of paragraph 1 of this Article shall be free of cost to the worker". Please indicate the measures taken or envisaged to amend the abovementioned legislation in order to bring it into line with the Convention on this point.

Article 37.  The Committee takes note of the information provided by the Government in its reports that there is no specific provision for the application of this Article. It also recalls that the Government, in a previous report, had indicated that the amendment to the National Law on Safety and Health would provide for the establishment of safety and health committees. The Committee requests the Government to take the necessary measures to ensure the application of this provision of the Convention.

Article 38.  The Committee takes note of the information provided by the Government in its report that there is no structured procedure to give effect to the Convention on these points. The Committee requests the Government once again to take action to bring the legislation into line with this provision of the Convention.

Article 38, paragraph 2.  The Committee recalls that the Government indicated that no person who is under the age of 18 shall be employed for the operation of lifting appliances. The Committee requests the Government to provide a copy of the relevant law which applies this provision of the Convention.

Article 41.  The Committee takes note of the information provided by the Government that inspections to ensure the implementation of the requirements contained in the Docks Rules, 1962, are carried out with emphasis on the statutory plant inspections. Please provide full details of the measures taken to comply with the requirements of this Article of the Convention.

Part V of the report form.  Please provide extracts from the reports of the inspection services, information on the number of workers covered by the legislation, statistics on and the nature of contraventions reported and the result of actions taken, and statistics on occupational accidents and diseases which could permit the evaluation of the manner in which the Convention is applied in practice.

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The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters which were raised in its previous direct request:

The Committee had examined the Government's first and second reports as well as the attached legislation.

1. The Committee would be glad if in its next report the Government would supply additional information on the measures which give effect to the following provisions of the Convention:

Article 4, paragraph 1(c). Information and training of workers concerning protection against risks of accident; and (f) procedures for emergency situations.

Article 4, paragraph 2(b). Fire and explosion prevention and protection; (l) dangerous substances and other hazards in the working environment; (o) medical supervision; (q) safety and health organisation; (r) training of workers; (s) notification and investigation of accidents and diseases.

Article 5, paragraph 2. Collaboration between two or more employers undertaking activities simultaneously at the same workplace.

Article 6, paragraphs 1(b), (c) and 2. Workers to take reasonable care, to report any risks and to be able to express views on working procedures.

Article 7. Consultation with employers and workers concerned on the implementation of the provisions.

Article 8. Measures to protect workers from health risks other than dangerous fumes.

Article 9, paragraph 2. Lighting and marking of obstacles.

Article 10. Maintenance of surfaces used for vehicle traffic and manner of stocking goods or material.

Article 12. Means for fighting fire.

Article 13, paragraphs 2, 3 and 6. Cutting off power to machinery during emergencies, cleaning, maintenance and repair work, as well as when safety devices are removed or inoperative.

Article 14. Electrical equipment.

Article 16, paragraph 2. Safe transport on land.

Article 20, paragraph 1. Safety of workers required to be in the hold or on a cargo deck when power vehicles operate or power-operated appliances are used.

Article 20, paragraph 2. Hatch covers and beams not to be removed.

Article 26, paragraph 1(b). Acceptance of competent persons appointed.

Article 28. Rigging plans.

Article 33. Protection against excessive noise.

Article 36. Medical examinations.

Article 37, paragraphs 1 and 2. Establishment of safety and health committees.

Article 38, paragraph 1. Training and instruction of dock workers as to potential risks attached to work.

Article 38, paragraph 2. Minimum age of 18 for the operation of lifting appliances.

Article 39. Reporting of, and inquiries on, occupational accidents and diseases to the competent authority.

Article 41. Penalties and inspection services.

Article 42, paragraphs 1 and 2. Time-limits for the application of the Convention.

2. The Committee had noted that the Government indicated in its report for the period ending October 1987 that no minimum width has been established for the safe use of vehicles or for pedestrian passageways as required in Article 11 of the Convention. The Committee requests the Government to indicate what measures have been taken or are envisaged to meet the standard of Article 11.