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Comments adopted by the CEACR: Zambia

Adopted by the CEACR in 2021

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1–4 of the Convention. Gender wage gap. Previously, the Committee requested the Government to: (1) strengthen its efforts to take more proactive measures, including with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value; (2) provide information on the specific measures taken to address the gender remuneration gap; and (3) provide updated statistical information on the earnings of men and women in all the sectors and occupations of the economy. The Committee notes that the Government’s report does not contain information in response to its questions. It notes, however, from the Government’s report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), that the percentage of women with at least secondary school education represented 52.3 per cent in 2016. Recalling that it had previously noted the persistent vertical and horizontal segregation of men and women in certain sectors and occupations, as well as the significant gender wage gap in the country, the Committee once again requests the Government to: (i) step up its efforts to take more proactive measures, including with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value; (ii) provide information on the specific measures taken to address the gender wage gap by identifying and addressing its underlying causes, such as vertical and horizontal job segregation and gender stereotypes, in both the formal and informal economy, and by promoting women’s access to a wider range of jobs with career prospects and higher pay; and (iii) provide updated statistical information on the earnings of men and women in all sectors and occupations.
Articles 1 and 2. Equal remuneration for men and women for work of equal value. Legislation. In its previous observation, the Committee requested the Government to provide information on: (1) the actual methods and criteria used to evaluate the “demands” made by a specific job, in order to ensure that the definition of the expression “work of equal value” provided for in section 31 of the Gender Equity and Equality Act, 2015, permits a broad scope of comparison in practice, based on the principle of equal remuneration for men and women for work of equal value, as required by the Convention; (2) the measures taken to raise awareness among workers, employers and their respective organizations of the new equal remuneration provisions and the existence of penalties for non-observance; (3) the application and enforcement of section 31 of the Gender Equity and Equality Act in practice, and particularly the number of violations dealt with by labour inspectors, courts and the Gender Equity and Equality Commission, and the penalties imposed; and (4) the progress made with the draft Labour Code.
The Committee notes the document containing “method and criteria used to evaluate demands of specific jobs to cater for the principle of work of equal value in the public service” of May 2021, attached to the Government’s report. It notes that the document outlines the factors to be used for the evaluation of management jobs and non-management jobs in the public service. These factors include: professional, academic and vocational qualifications; relevant previous experience; skills; physical and mental effort; responsibility; hazards; and working conditions. The Committee also notes that an appeal procedure is available for workers who consider that the job evaluation is incorrect. The Committee however notes that the document refers to “equal pay for equal work” explaining that “personnel in job positions with similar job content would be remunerated comparably”, which is narrower than the principle of the Convention as well as the notion of “work of equal value”, as defined in section 31 of the Gender Equity and Equality Act. Concerning the private sector, the Committee notes the Government’s indication that it monitors, through the Ministries of Gender, and Labour and Social Security, compliance with the Gender Equity and Equality Act by means that include the conclusion of collective agreements, contracts of employment attested by the labour officers and the undertaking of labour inspections. The Government also indicates that it carries out sensitization programmes on TV, radio, electronic and social media.
The Committee notes with satisfaction that section 5(4) of the Employment Code Act, No. 3 of 2019, provides that: “An employer shall pay an employee equal wages for work of equal value”. It also notes that section 3 of the Act defines wage as “the pay, remuneration or earnings, however designated or calculated, capable of being expressed in terms of money and fixed by a contract of employment which are payable by an employer to an employee for work done or to be done or for services rendered or to be rendered”. In this regard, the Committee recalls that Article 1(a) of the Convention contains a broad definition of remuneration that also includes “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment”. Noting the document outlining methods and criteria for job evaluations in the public service refers to equal pay for “equal work”, the Committee requests the Government to indicate how it is ensured that the job evaluation methods and criteria applied in the public service also cover in practice work of a different nature that is of “equal value”, and to provide information on any appeals filed against job evaluations and the corrective measures adopted as a result. The Committee also requests the Government to supply information on the results of the monitoring activities undertaken through the Ministries of Gender, and Labour and Social Security concerning the application of the Convention in the private sector and to continue providing information on the application of section 31 of the Gender Equity and Equality Act in practice. The Government is also requested to clarify whether section 5(4) of the Employment Code Act, 2019, also applies to the additional emoluments payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment, and to provide examples of the application in practice of this provision.
The Committee is raising other matters in a request addressed directly to the Government.

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 2 of the Convention. Application of the principle of equal remuneration for men and women for work of equal value by collective agreements. Further to the Committee’s request for information on the application of the principle of the Convention by collective agreement, the Government indicates that the Zambia National Union of Health and Allied Workers, as an affiliate union of the Zambia Congress of Trade Unions, works in consultation with Government and employers through the Tripartite Consultative Labour Council to ensure that issues related to “equal pay for work of equal value” are included and addressed in social dialogue. The Committee requests the Government to provide information on the achievements of the Tripartite Consultative Labour Council with regard to the advancement of the principle of the Convention, including examples of collective agreements that provide for equal remuneration for men and women for work of equal value. It also reiterates its request for information on the following points: (i) the examination process concerning collective agreements previously referred to by the Government, the methods and criteria used for the assessment, as well as any specific activities undertaken, in collaboration with employers’ and workers’ organizations, regarding the issue of wage disparities between men and women and how they can be reduced; and (ii) the distribution of men and women in the different grades and wage scales provided for in collective agreements, including in those concluded in the public health sector, the building and engineering sector, the security services sector, the financial institutions and the mining sector.
Enforcement. Previously, the Committee requested the Government: (1) to take appropriate measures to raise public awareness of the relevant legislative provisions, the procedures and remedies available related to the principle of the Convention, including the establishment of the Gender Equity and Equality Commission under the Gender Equity and Equality Act, 2015; (2) to provide information on any activities undertaken in this regard; and (3) to provide information on any cases or complaints concerning inequality of remuneration dealt with by the labour inspectorate, the Gender Equity and Equality Commission, the courts or any other competent authorities, as well as any decision issued in this regard. The Committee notes the information provided by the Government according to which to date there have been no judicial decisions concerning the application of the principle of the Convention. The Committee also notes that the Employment Code Act, 2019, provides for the appointment of the Labour Commissioner which, pursuant to section 10 of the Act, may, among other things, enter by day any premises in order to carry out any examination, test or inquiry that the Labour Commissioner considers necessary in order to determine if the provisions of the Act are being complied with; and interview, whether alone or in the presence of a witness, an employer or employee on any matter concerning the application of a provision of the Act. Where the Labour Commissioner has reason to believe that a provision of the Act is likely to be or has been contravened, the Labour Commissioner may issue a written notice specifying the contravention and the preventative or remedial measure to be undertaken within a specified period. The Committee requests the Government to provide information on the contraventions detected by the Labour Commissioner concerning violations of section 5(4) of the Employment Code Act, 2019, providing for “equal wages for work of equal value”, and on any preventive or remedial measures adopted as a result. The Committee also requests the Government to provide information on any cases or complaints concerning inequality of remuneration dealt with by the labour inspectorate, the Gender Equity and Equality Commission, the courts or any other competent authorities, as well as any decision issued in this regard. In this regard, it encourages the Government to take the necessary measures to strengthen the capacity of enforcement authorities, as well as of social partners, to identify and address cases entailing the violation of the principle of the Convention, including awareness-raising campaigns and tailored training programmes. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual Harassment. The Committee previously requested the Government: (1) to provide information on the practical application of sections 39 and 40 of the Gender Equity and Equality Act, 2015 concerning sexual harassment; and (2) to supply a copy of the relevant clauses of the Public Service Disciplinary Code defining sexual harassment and discrimination. The Committee notes the Government’s indication in its report that awareness-raising about sexual harassment is included in the induction trainings offered to newly recruited employees in the public service who also receive a copy of the Disciplinary Code and Procedures for Handing Offences in the Public Service and Local Government Service. The Committee notes that the Disciplinary Code defines sexual harassment as encompassing seductive sexual advances, such as unsolicited sexual comments, indecent assault, looks, suggestions, physical contact or other gestures of a sexual nature which one finds objectionable or offensive or which cause discomfort in one’s job or interferes with work performance or a conducive work environment; sexual bribery, i.e. soliciting, or attempting to solicit and/or offering sexual activities for a reward; sexual threat or coercion; sexual imposition; rape; and sexual relationship with a learner or a pupil. The Committee notes that the Disciplinary Code does not cover sexual harassment by clients or other persons met in connection with performance of work duties, in addition to employers, supervisors and co-workers and refers to its general observation of 2012 on this point. The Committee requests the Government to provide information on the application in practice of the Disciplinary Code, including the sanctions imposed and the remedies provided to the victims, and how it is ensured that sexual harassment by persons encountered in connection with the performance of work duties is also prevented and addressed. The Committee also once again requests the Government to provide information on the application of sections 39 and 40 of the Gender Equity and Equality Act, 2015, including information on the policy and procedures adopted to establish and regulate disciplinary and grievance procedures, and their impact on preventing and addressing cases of sexual harassment in employment and occupation.
Article 1(1)(b). Additional grounds of discrimination. Disability. In the absence of response to its previous comments, the Committee once again requests the Government to provide information on:
  • (i) the application in practice of section 35(2) and (3) of the Persons with Disabilities Act, 2012, prohibiting discrimination in employment on the ground of disability and providing for the adoption of measures to ensure the creation of an open, inclusive and accessible labour market and work environment for workers with disabilities, and section 31(3) of the Gender Equity and Equality Act prohibiting discrimination in employment against women on the ground of disability, including information on any case of discrimination based on disability dealt with by the labour inspectorate, the courts or any other competent authorities and the sanctions imposed;
  • (ii) the measures taken to promote vocational training and education, as well as the employment of persons with disabilities, including in the framework of the Citizens Economic Empowerment Commission, the Promoting Rights and Opportunities for People with Disabilities in Employment through Legislation (PROPEL) action plan and the Zambia Business and Disability Network, and the results achieved; and
  • (iii) any progress made in the adoption of statutory instruments setting an employment quota for persons with disabilities in the public and private sectors, as provided for in section 39 of the Persons with Disabilities Act, and updated statistical information on the employment rates of workers with disabilities, disaggregated by sex, occupation and work environment (a segregated work environment or the open labour market).
Articles 2 and 3. Equality of opportunity and treatment of men and women. The Committee previously requested the Government to continue to provide information on the specific measures taken, in the framework of the revised National Gender Equality Policy or otherwise, to improve access to education and reduce school drop-out rates of girls and promote broader participation of women in vocational training courses (other than those traditionally dominated by women), as well as to enhance women’s economic empowerment and access to decision-making positions, and their impact in improving equality of opportunity and treatment between men and women in employment and occupation and in addressing gender segregation in the labour market; including updated statistical information. The Committee notes from the Government’s report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report) that under the Girls Education and Women’s Empowerment and Livelihoods (GEWEL) project a number of measures have been adopted to promote greater’ access and retention of girls in school, including the re-entry policy for girls to give them the opportunity to return to school after giving birth; lower admission points for girls entering tertiary institutions in Science Technology Engineering and Mathematics (STEM), and the payment of schools fees for vulnerable girls. The Committee notes that overall the GEWEL project aims to increase access to secondary education for 25,000 girls in extremely poor households and to support 75,000 women in life and business skills. The Committee further notes from the same source that under the Citizens Economic Empowerment Act, 2006, funds are allocated to support women’s cooperatives through grants aimed at increasing productivity, including by providing agricultural equipment. Similarly, the Agricultural Development and Value Chain Enhancement (ADVANCE) Project seeks to enhance the agricultural productivity of women and value chains for agro-products. The Committee requests the Government to provide information on the results achieved through the ADVANCE and GEWEL projects in terms of enhanced equality of opportunity and treatment of women in employment and occupation. Noting the absence of responses to its previous requests, the Committee once again asks the Government to provide: (i) information on the implementation of the revised National Gender Equality Policy, its results in improving equality of opportunity and treatment for men and women in employment and occupation and in addressing gender segregation in the labour market, and any difficulties encountered; and (ii) updated statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by sector and occupational category, including decision-making positions.
Public service. The Committee reiterates its request for information on the following points: (i) the specific measures taken to improve equality of opportunity and treatment for men and women in employment and occupation in the public sector, including by promoting women’s access to all public institutions, especially in decision-making positions, and the results achieved; and (ii) statistics on the distribution of men and women in the public service, disaggregated by grade and level of responsibility.
Equality of opportunity and treatment irrespective of race, colour and national extraction. San and Khoe peoples. The Committee notes from the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD) that the San and Khoe peoples suffer from “high rates of poverty in a challenging economic and social environment”. It notes that the CERD expressed concern at the fact that “the San and Khoe peoples do not have access to their ancestral lands, education, housing, employment, health care and political participation and representation” (CERD/C/ZMB/CO/17-19, 3 July 2019, paragraph 25). The Committee asks the Government to provide information on the obstacles encountered by the San and Khoe peoples in accessing and carrying out wage work and in accessing the various occupations without discrimination, the measures adopted to ensure that they enjoy equality of opportunity and treatment in respect of employment and occupation, including their traditional occupations, and the impact of these measures on promoting the principles of the Convention.
General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.
The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.
Article 4. Measures affecting an individual suspected of activities prejudicial to the security of the State. The Committee notes that according to section 5(3)(d) of the Employment Code Act, 2019, it is not discriminatory to restrict access to limited categories of employment where it is necessary in the interest of state security. The Committee recalls that, all measures of state security should be sufficiently well defined and precise to ensure that they do not become instruments of discrimination on the basis of any ground prescribed in the Convention and that the persons concerned shall have the right to appeal to a competent body, which should be separate from the administrative or governmental authority and should offer a guarantee of objectivity and independence (General Survey on the fundamental Conventions, 2012, paragraphs 834–35). In light of the above, the Committee requests the Government to provide examples of the application of section 5(3)(d) of the Employment Code Act, 2019, and to indicate how it is ensured that the restrictions adopted comply with Article 4 and do not constitute discrimination under Article 1 of the Convention.
Article 5(2). Special measures of assistance. In its previous comments, the Committee requested the Government to continue providing information on the empowerment services delivered under the Citizens Economic Empowerment Act, 2006, to targeted citizens, including those who are disadvantaged due to race, educational background, disability and status, including HIV status, to ensure their access to economic resources, as well as the results achieved. The Committee notes that section 5(3) of the Employment Code Act, 2019, provides for the adoption of affirmative action measures to promote equality and eliminate discrimination at the workplace. The Committee requests the Government to provide information on any affirmative action measure adopted pursuant to section 5(3) of the Employment Code Act, 2019.
Enforcement. The Committee previously requested the Government to provide information on any activities undertaken to raise public awareness of the Gender Equity and Equality Commission and other procedures now available at the local level, as well as on the progress made in the establishment of Human Rights Commission (HRC) offices in provinces and districts; and on any cases of discrimination dealt with by the labour inspectorate, the HRC, the Gender Equity and Equality Commission, the courts or any other competent authorities, as well as the sanctions imposed and the remedies granted. The Committee notes the Government’s indication that no judicial decision has been handed down concerning the application of the Convention. The Committee notes from the concluding observations of CERD that there have been alleged cases of racial discrimination against Zambian workers, in particular those working on large commercial farms and in mines owned by expatriates. However, no complaints of racial discrimination were brought before domestic courts between 2007 and 2017, while only one complaint was reported to the Zambian Human Rights Commission and six complaints were lodged with the Ministry of Labour and Social Security (CERD/C/ZMB/CO/17-19, paragraph 15). The Committee also notes from the Annual Report of the National Human Rights Commission that 16 cases of discrimination were received in 2019. The Committee further notes that under section 10 the Employment Code Act, 2019, the Labour Commissioner is charged, among others, with carrying out any examination, test or inquiry that the Labour Commissioner considers necessary in order to determine if the provisions of the Act are being complied with; and interview, whether alone or in the presence of a witness, an employer or employee on any matter concerning the application of a provision of the Act. Where the Labour Commissioner has reason to believe that a provision of the Act is likely to be or has been contravened, the Labour Commissioner may issue a written notice specifying the contravention and the preventive or remedial measure to be taken within a specified period. In light of the above, the Committee requests the Government to provide information on: (i) any measures adopted to enhance the capacity of enforcement authorities, as well as the social partners, to identify, prevent and address cases of discrimination; (ii) any contraventions detected by the Labour Commissioner concerning violations of section 5 of the Employment Code Act, 2019, and any preventive or remedial measures adopted as a result; and (iii) any cases of discrimination dealt with by the labour inspectorate, the Human Rights Commission, the Gender Equity and Equality Commission, the courts or any other competent authorities, as well as the sanctions imposed and the remedies granted.

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1 of the Convention. Protection of workers against discrimination. Legislation. In its previous observation, the Committee noted that the Employment Amendment Act of 2015 (“Act of 2015”) and the Constitution of Zambia (Amendment) Act, 2016 do not refer to the grounds of “national extraction” and “social origin” set out in Article 1(1)(a) of the Convention. It also noted that the Act of 2015 only refers to discrimination in case of termination of employment under section 36(3). The Committee therefore requested the Government: (1) to provide updated information on the practical application of section 36(3) of the Employment Act, including a copy of any court decisions on cases where dismissal was based on prohibited grounds, more particularly on the ground of “social status” in order to enable the Committee to assess its meaning in practice; and (2) to strengthen its efforts to give full legislative expression to the principle of the Convention by defining and prohibiting direct and indirect discrimination in all aspects of employment and occupation with respect to all the grounds set out in Article 1(1)(a) of the Convention and to provide information on any progress made in this regard. The Committee notes with satisfaction that the Employment Code Act, adopted in 2019, at section 5, prohibits direct and indirect discrimination against an employee or a prospective employee “in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment”. Section 5(2) of the Act lists the following grounds of prohibited discrimination: “colour, nationality, tribe or place of origin, language, race, social origin, religion, belief, conscience, political or other opinion, sex, gender, pregnancy, marital status, ethnicity, family responsibility, disability, status, health, culture or economic grounds”. Although national extraction is not expressly referred to, it appears to be covered by the grounds of “tribe or place of origin”. The Committee also notes that section 5(5) provides that a person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty unit. Following the adoption of the Employment Code Act, 2019, the Employment Act Cap 268 of the laws of Zambia, and its Amendment of 2015, were repealed. Welcoming this legislative development, the Committee requests the Government to provide information on the application in practice of the provisions of Employment Code Act, 2019, regarding discrimination, including the number and type of offences for which fines have been applied pursuant to section 5(5) of the Act, and examples of cases of discrimination based on the grounds of “tribe or place of origin” which have been addressed under the Act, with a view to allowing the Committee to ascertain the scope of these grounds in practice.
Articles 2 and 3. National equality policy. The Committee notes the Government’s information about the development of a national policy to promote equality of opportunity and treatment in respect of employment and occupation. The Committee requests the Government to provide information on any developments concerning the formulation and adoption of the national equality policy and encourages it to consult the social partners and other interested groups with regard to the formulation of such policy in order to ensure its relevance, raise awareness about its existence, promote its wider acceptance and ownership, and enhance its effectiveness.
The Committee is raising other matters in a request addressed directly to the Government.

C148 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 148 (working environment, air pollution, noise, vibration) and 176 (safety and health in mines) together.

1. Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 8 of the Convention. Exposure to hazards related to air pollution, noise and vibration. In reply to its previous comment regarding the adoption of regulations on noise and hazardous substances, the Committee notes the Government’s indication that those regulations have not yet been finalized. The Government also indicates that, in accordance with to the Environmental Management Act 2011, the Environmental Management Agency shall establish quality and pollution control standards. The Committee recalls that, in accordance with to Article 8, the competent authorities shall establish criteria for determining the hazards of exposure to air pollution and vibration and also specify exposure limits for these hazards. Noting that the adoption of the proposed regulations has been pending for many years, the Committee requests the Government to provide detailed information on the steps taken to move forward with their endorsement and the obstacles encountered in the process. The Committee also requests the Government to communicate a copy of these texts once they have been adopted.
Article 15. Appointment of a competent person or use of a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. In reply to its previous comment, the Committee notes the Government’s indication that a competent service to deal with matters relating to the prevention of air pollution is still being developed. The Committee requests the Government to provide detailed information on the progress made in the establishment of such competent service. It also requests the Government to indicate how employers deal in practice with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment in the absence of a dedicated service.
Application in practice. Noting once again the absence of information on this point, the Committee requests the Government to provide a comprehensive account of the manner in which the Convention is applied in practice, including the number and nature of the contraventions reported and the number and nature of work-related accidents and cases of occupational disease reported caused by exposure to air pollution, noise or vibration.

2. Safety and Health in Mines Convention, 1995 (No. 176)

Article 4 of the Convention. National laws and regulations. In reply to its previous comment, the Government indicates that the Mines and Minerals Development Act of 2015 and the Mining Regulations are the primary instruments that ensure the application of the Convention. The Committee also notes the Government’s indication that the Mines and Minerals Development Act of 2015 is currently under review and that the Mining Regulations will be amended after the review of the primary Act had been concluded. The Committee requests the Government to provide information on developments relating to the adoption of the revised Mines and Minerals Development Act and Mining Regulations. The Committee also requests the Government to communicate a copy of these texts (the Act and the Regulations) once they have been revised and adopted.
Article 5(5). Plans of workings. The Committee previously noted that, pursuant to section 501(2) of the Mining Regulations, where the average number of persons employed in the mine is fewer than 100, managers may request the Chief Inspector for a total or partial exemption from the duty to ensure that mine plans are prepared and kept at the mine. The Committee notes the Government’s indication that all exemptions issuable under Mining Regulations must be consistent with the spirit of section 2102 of the Mining Regulations. This section provides that, when the circumstances at any mine are such as to render any provision of the Regulations inapplicable or unduly onerous to such mine, or whenever it is necessary for the purpose of carrying out experiments or tests as to the expediency for any regulation or proposed regulation, the Chief Inspector may grant written exemption from such conditions as he may determine. The Committee notes the Government’s indication that in practice no such situations have arisen and thus no exemptions have been granted pursuant to section 501 of the Regulations. The Committee notes once again that Article 5(5) does not provide for any exception from the duty of the employer in charge of the mine to ensure that appropriate plans of workings are kept available at the mine site. The Committee therefore requests the Government to adopt the necessary measures to give full effect to Article 5(5) in the context of the review process of the Mining Regulations. The Committee also requests the Government to continue providing information on any exemptions, full or partial, granted under section 501 of the Regulations.
Article 7(a). Communication system. The Committee notes the Government’s indication that Parts II, X, XIV and XIX of the Mining Regulations establish the requirements for mine machinery management and that in particular sections 1433-1441 of the Regulations refer to communication requirements for underground mines. The Committee notes that those sections refer to a locked-bell system which is a signalling method of communication that provides for the signal to be sent to a winding engine driver and which cannot be operated unless a special key, known as the key to the locked-bell, remains inserted in the system switch in use at the time. The Committee requests the Government to provide additional information on the operation of the system of communication in mines, and on the measures adopted to ensure that such communication system provides for conditions of safe operation.
Article 7(b). Commissioning and decommissioning of the mine. The Committee notes that, in reply to its previous comment, the Government refers to section 201 of the Mining Regulations, which provides that any mine holder shall give written notice to the Chief Inspector within three days from the commencing, recommencing, or abandoning of work. The Committee also notes the Government’s indication that workplaces are subject to commissioning or abandonment inspections to ensure that safety conditions are met. Furthermore, the Committee notes that, according to the Government, it is part of the commissioning inspectorate activities to ensure adequate risk assessments before operations are authorized. The Committee requests the Government to provide information on any law and/or regulations which require inspections and risk assessments to be conducted at the commissioning and decommissioning of a mine, as provided by Article 7(b) of the Convention.
Article 7(g). Operating plan and procedures. In the absence of information on this point, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure that employers draw up and implement an operating plan and procedures to ensure a safe system of work and the protection of workers in respect of zones susceptible to particular hazards, pursuant to Article 7(g) of the Convention.
Article 8. Emergency response plan. The Committee notes that, in reply to its previous request, the Government indicates that mines are expected to run mine rescue teams which are available day and night and that are coordinated to respond to disasters occurring in the industry regardless of mine ownership. The Committee also notes the Government’s reference to the provisions of Part XII of the Mining Regulations concerning first aid and fire fighting. The Government reports that, in practice, those seeking mining licences are required to submit the plans to ensure the safety of mineworkers to the Mines Safety Department as a prerequisite for obtaining a licence. The Committee recalls that Article 8 provides for the duty of the employer to prepare an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters. The Committee requests the Government to indicate the legal provisions and measures adopted to give effect to this provision of the Convention.
Article 10(a). Provision of training and retraining to workers. The Committee notes the Government’s reference to section 20(2)(b) of the Mines and Minerals Development Act on the requirement to conduct training programmes for the transfer of technical and managerial skills to Zambians, as well as to Part II of the Mining Regulations, which requires the employment of competent persons in mines. The Committee requests the Government to provide additional information on the training conducted in the context of section 20(2)(b) of the Mines and Minerals Development Act. In addition, the Committee requests the Government to indicate the measures adopted to ensure that comprehensible instructions and retraining programmes are provided to workers, at no cost to them, on safety and health matters, as well as on the work assigned, pursuant to Article 10(a) of the Convention.
Article 12. Two or more employers undertaking activities at the same mine. The Committee notes the Government’s indication that responsibilities related to the safety and health of employees rest with the owner of the mining licence. The Government also indicates that contractors are required to operate within the prescriptions of the owner, while the owner remains liable overall. The Committee notes the Government’s reference to section 408 of the Mining Regulations, which requires the contractor to report to the manager any case of an accident or occurrence of nature. The Committee recalls that Article 12 outlines the responsibilities of employers related to mine safety in situations where two or more employers undertake activities at the same mine. The Committee once again requests the Government to provide information on the measures adopted to ensure that, whenever two or more employers undertake activities at the same mine, the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations.
Article 13(1)(a), (b) and (e). Right to report accidents. Right to request and obtain inspections and investigations. Right to removal. The Committee notes that, in reply to its previous comment, the Government indicates that sections 402, 404 and Part XVI (on accidents) of the Mining Regulations implement section 38(2)(i) of the Occupational Safety and Health Act. The Committee notes that section 402 of the Mining Regulations provides for the right of the worker to report accidents, dangerous occurrences and hazards to the employer and to the competent authority. However, the Committee notes that the provisions referred to above do not establish procedures in respect of the right of the workers to request and obtain inspections and investigations (Article 13(1)(b)) and for the right to removal in case of danger (Article 13(1)(e)). The Committee requests the Government to provide information on the procedures established by national laws and regulations to give effect to these provisions of the Convention.
Article 13(2)(c). Advisers and independent experts. The Committee notes that, in reply to its previous comment, the Government confirms that health and safety representatives may engage advisors and independent experts when there is an issue in relation to the safety of employees at the workplace. The Committee takes note of this information, which addresses its previous request.
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