Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18) - Zambia (RATIFICATION: 1965)

CMNT_TITLE

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on Workmen’s Compensation, the Committee considers it appropriate to examine Convention No. 17 (accidents) and No. 18 (occupational diseases) together.

Convention No. 17. Social protection reform. The Committee notes the information provided by the Government in response to its previous comments, indicating that the Social Protection Bill contains legislation concerning old-age pension, noting however that the bill does not deal with workers’ compensation in case of work accident.

Application of the Convention in practice. In its previous comments, the Committee observed that the average monthly level of employment injury benefits in case of permanent disability, 54 Zambian kwacha (ZMW) was relatively low and requested the Government to provide information concerning the outcome of a study by the Actuary Department of the United Kingdom on the establishment of a minimum pension under the Workers’ Compensation Fund. The Committee notes the Government’s indication that the actuarial valuation carried out by the Actuary Department of the United Kingdom for the period 1 April 2011 to 31 March 2014 recommended a minimum pension of ZMW125. The Committee requests the Government to provide information on measures taken or envisaged to increase the level of compensation in case of permanent incapacity resulting from a work related injury with a view to improving the application of the Convention in practice. The Committee also requests the Government to continue providing statistical information in this regard.

Article 2 of Convention No 18. Schedule of occupational diseases. With reference to its previous comments, the Committee notes that the Government indicates that the bill amending the Workers’ Compensation Act No. 10 of 1999 is still undergoing legislative processes and that, among the regulations drafted, one will relate to the list of diseases, taking into account the ILO Lists of Diseases. The Committee further notes that the Government confirms that the Act currently covers two diseases, which are Pneumoconiosis and Tuberculosis suffered after exposure to silica. The Committee requests the Government to continue providing information on the amendment of the list of occupational diseases with a view to giving full compliance to this provision of the Convention.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM tripartite working group), the Governing Body has decided that member States for which Convention No. 17 or Convention No. 18 are in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM tripartite working group and to consider ratifying Convention No. 121 or Convention No. 102 (Part VI) as the most up-to-date instruments in this subject area. The Committee notes that the Government welcomes technical assistance from the Office in this regard and hopes that it will be carried out in the very near future.

CMNT_TITLE

Article 2 of the Convention. Schedule of occupational diseases. The Committee notes the Government’s intention to amend the Workers’ Compensation Act No. 10 of 1999 and in particular to use this window to adopt and customize the ILO list of diseases with the implication that all diseases that can be proven to have been contracted from the workplace shall qualify for compensation. The Committee asks the Government to continue providing information in this respect, indicating how consideration has been given to the list of occupational diseases listed in the Schedule attached to the Convention and whether the reform has considered the most up-to-date list of occupational diseases established by ILO Recommendation concerning the List of Occupational Diseases and the Recording and Notification of Occupational Accidents and Diseases (No. 194).

Conclusions and recommendations of the Standards Review Mechanism. The Committee notes that, at its 328th Session in October 2016, the Governing Body of the ILO adopted the conclusions and recommendations formulated by the Standards Review Mechanism Tripartite Working Group (SRM TWG), recalling that Conventions Nos 12, 17 and 18 to which Zambia is party are outdated and charging the Office with follow-up work aimed at encouraging States party only to these Conventions to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept the obligations in its Part VI, as these represent the most up-to-date instruments in this subject area. The Committee reminds the Government of the availability of ILO technical assistance in this regard.

CMNT_TITLE

Article 2 of the Convention. List of occupational diseases. The Government indicates that the current list of occupational diseases is established by the First Schedule to the Workers Compensation Act (Act No. 10 of 1999), the adoption of which had the effect of superseding the previously applicable list of occupational diseases established by the Workmen’s Compensation Regulations of 1969. The Government also indicates that the current list is not exhaustive as the workmen’s compensation scheme established by the above Act uses an open list system. Taking note of this information, the Committee observes that in its current state, Schedule 1 to Act No. 10 of 1999 lists as occupational diseases pneumoconiosis and tuberculosis. The Committee asks the Government to indicate whether workers falling victim of poisoning by lead (alloys, compounds or their sequelae), mercury (amalgams, compounds or their sequelae) or anthrax infection are exempted from having to prove the occupational origin of their disease each time they are employed in the industries or processes listed in the schedule appended to the Convention.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. 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 matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes the adoption of the Workers Compensation Act (Act No. 10 of 1999), repealing Act No. 217 of the Laws of Zambia previously giving effect to the Convention. The reform had, inter alia, the effect of merging the Workers’ Compensation and Pneumoconiosis Compensation Boards. Henceforth, all workers who are incapacitated by occupational diseases are compensated by the Workers’ Compensation Fund Control Board and the Department of Labour assists the latter through its regular labour inspections to ensure compliance. During the period covered by the Government’s report, 1,235 contracted occupational diseases, of which 1,085 concerned cases of tuberculosis and 144 cases of pneumoconiosis. The Committee notes this information and invites the Government to continue to provide information on the manner in which the Convention is applied in practice. Also, in the absence of a new table listing the recognized occupational diseases within the newly adopted Workers Compensation Act, the Committee asks the Government to confirm whether the list established by the Workmen’s Compensation Regulations, 1969, as amended, is still in force.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. 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 matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes the adoption of the Workers Compensation Act (Act No. 10 of 1999), repealing Act No. 217 of the Laws of Zambia previously giving effect to the Convention. The reform had, inter alia, the effect of merging the Workers’ Compensation and Pneumoconiosis Compensation Boards. Henceforth, all workers who are incapacitated by occupational diseases are compensated by the Workers’ Compensation Fund Control Board and the Department of Labour assists the latter through its regular labour inspections to ensure compliance. During the period covered by the Government’s report, 1,235 contracted occupational diseases, of which 1,085 concerned cases of tuberculosis and 144 cases of pneumoconiosis. The Committee notes this information and invites the Government to continue to provide information on the manner in which the Convention is applied in practice. Also, in the absence of a new table listing the recognized occupational diseases within the newly adopted Workers Compensation Act, the Committee asks the Government to confirm whether the list established by the Workmen’s Compensation Regulations, 1969, as amended, is still in force.

CMNT_TITLE

The Committee notes the adoption of the Workers Compensation Act (Act No. 10 of 1999), repealing Act No. 217 of the Laws of Zambia previously giving effect to the Convention. The reform had, inter alia, the effect of merging the Workers’ Compensation and Pneumoconiosis Compensation Boards. Henceforth, all workers who are incapacitated by occupational diseases are compensated by the Workers’ Compensation Fund Control Board and the Department of Labour assists the latter through its regular labour inspections to ensure compliance. During the period covered by the Government’s report, 1,235 contracted occupational diseases, of which 1,085 concerned cases of tuberculosis and 144 cases of pneumoconiosis. The Committee notes this information and invites the Government to continue to provide information on the manner in which the Convention is applied in practice. Also, in the absence of a new table listing the recognized occupational diseases within the newly adopted Workers Compensation Act, the Committee asks the Government to confirm whether the list established by the Workmen’s Compensation Regulations, 1969, as amended, is still in force.