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Safety and Health in Mines Convention, 1995 (No. 176) - Zambia (RATIFICATION: 1999)

The Committee notes the information provided by the Government in reply to its previous comment concerning Article 2(2) of the Convention, on the scope of application of the Convention.

Legislation. The Committee notes the Government’s indication in its report that the 2014 Act to amend the Mines and Minerals Development Act of 2008 is currently before Parliament and that the Mining Regulations, which were reviewed in 2013 with the assistance of the ILO and which will namely give effect to Article 6 of the Convention, will be adopted by way of a statutory instrument once the Act is adopted. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention, and to submit copies of the amended Mines and Minerals Development Act and Mining Regulations once they are adopted.

Article 3 of the Convention. Development of a national policy. The Committee notes the Government’s indication that a national policy on mining, which includes safety and health in mines, was developed by the Ministry of Mines with the involvement of mineworkers. It also notes that the listed organizations of employers and workers, including the Chamber of Mines and the National Union of Miners and Allied Workers, were consulted through invitations to stakeholder meetings and to provide written comments. The Committee requests the Government to provide a copy of the national policy on mines. It also requests the Government to provide further information on the consultations held with the most representative organizations of employers and workers in this regard, namely on the outcome of these consultations.

Article 5(2)(d) and (f), and (5). Regulation and monitoring of various aspects of safety and health in mines. The Committee notes the Government’s indication that all of the provisions of Article 5 of the Convention are covered. However, it notes that no further information is provided and that it is therefore unable to assess the effect given to these provisions of Article 5. The Committee requests the Government to provide detailed information on the effect given, in law and in practice, to Article 5(2)(d) and (f), and (5) of the Convention.

Article 7(a), (b) and (g). Responsibilities of employers. Article 8. Emergency response plans. Article 9(a). Provision of information to workers. Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. The Committee notes that the Government provides succinct information regarding the application of these provisions of the Convention. The Government namely refers to the Mines and Minerals Development Act of 2008 and parts IV and VII of the Mining Regulations of 1971, amended in 1973. As regards Article 7, the Committee notes that no information is provided on the specific provisions which give effect to paragraphs (a), (b) and (g). As regards Article 8, the Committee notes that the sections referred to by the Government do not appear to provide for the preparation of an emergency response plan. With reference to Article 9, the Committee notes that no indication is provided with regard to the sections which require the employer to inform the workers of the hazards associated with their work. Finally, the Committee notes that no information is provided on the responsibility for ensuring the health and safety of workers whenever two or more employers undertake activities at the same mine, as provided for in Article 12. The Committee requests the Government to provide a copy of the amended Mining Regulations of 1971 with its next report. It also requests the Government to provide further information on the effect given to the specific requirements of Articles 7(a), (b) and (g), 8, 9(a) and 12 of the Convention, and to indicate the specific legislative and regulatory provisions which give effect to these Articles.

Article 10(a). Provision of training and retraining to workers. The Committee notes that the Government’s report is silent with regard to the measures taken to ensure that employers provide adequate training and retraining programmes and comprehensible instructions to workers, at no cost to them. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to this provision of the Convention.

Article 16. Inspection services. Application in practice. The Committee notes the information provided by the Government on the number of reported accidents and fatalities in mines for the 2009–13 period, disaggregated by mine, and notes in particular that the number of accidents and fatalities have been steadily decreasing, from 194 accidents and 17 fatalities in 2009 to 58 accidents and three fatalities in 2013. The Committee also notes the Government’s indication that the Mines Safety Department does not follow the requirement of Article 16 of the Convention with regard to the imposition of appropriate penalties. It notes in particular that the fines charged vary according to the regulatory instrument under which the breach is committed, and that the fines imposed under the Mining Regulations and Explosives Regulations amount to ZMW135 (approximately US$12) per breach. In this regard, the Government indicates that the fines imposed under the revised Mining Regulations will be more important. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including information on the number and nature of contraventions and the measures taken to address them. It also requests the Government to provide the statistics compiled on accidents, occupational diseases and dangerous occurrences, in accordance with Article 5(2)(d) of the Convention and on the number of workers covered by the legislation.

[The Government is asked to reply in detail to the present comments in 2016.]