Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Zambia (Ratification: 1980)

The Committee notes the information regarding the adoption of the Mines and Minerals Act which entered into force 1 April 2006 and the Environmental Protection and Pollution Control (amendment) Act, 1999. The Committee notes with interest the submission of draft regulations on control of noise in factories and on control of hazardous substances at work, the latter including a schedule listing occupational exposure limits for a series of hazardous standards. It also notes, however, that the report contains no further information on the previously announced amendments to the Factories and Workplaces Act. The Committee requests the Government to continue to provide information on relevant legislative developments and to submit copies of relevant new legislation once it has been adopted.

Article 1 of the Convention. Measures for the prevention and control of, and protection against occupational hazards relating to vibration. The Committee notes that the announced regulations to deal with the requirements of the Convention with regards to vibration have not yet been adopted, but that the Government indicates that it intends to hold tripartite consultations on this matter. The Committee urges the Government to take all relevant measures to ensure that effect is given – in law and in practice – to Articles 2, 4, 8, 9, 12 and 14 of the Convention with regard to vibration and to keep the Committee informed in this regard.

Article 5(4). Opportunity to accompany inspectors. With reference to its previous comments the Committee notes that the Government now indicates that representatives of employers and workers accompany inspectors each time inspections are carried out and that this is also provided for in law. It notes however, the absence of any reference to relevant legislation. The Committee requests the Government to indicate the legal provisions giving effect to this provision of the Convention.

Article 6(1). Responsibility of employers. The Committee notes that the Government appears to indicate that effect to this provision would be given in the draft regulations referred to above. In this respect the Committee would like to recall that this provision of the Convention applies to all contingencies covered by the Convention. The Committee requests the Government to take all relevant measures, in law and in practice, to ensure that full effect is given to this provision of the Convention.

Article 6(2). Procedures prescribed for collaboration between two or more employers. The Committee notes that the Government’s report is silent on the issues raised by the Committee in this context. The Committee reiterates its request to the Government to indicate the specific provisions of national legislation which require collaboration between two or more employers undertaking activities simultaneously at one workplace to address the problems of air pollution, noise and vibration. Also, please indicate the general procedures prescribed by the Mines and Factories Inspectorate for such collaboration.

Article 7(1). Compliance of safety procedures by workers. The Committee notes that the Government’s report is silent on the issues raised by the Committee in this context. The Committee reiterates its request to the Government to indicate the measures taken or envisaged to ensure that workers are required under the law to comply with safety procedures relating to the prevention and control of, and protection against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 7(2). Rights of workers and their representatives to present proposals and obtain training and to appeal to appropriate bodies. The Committee notes that the Government’s report is silent on the issues raised by the Committee in this context. The Committee reiterates its request to the Government to indicate the measures taken or envisaged to secure under the law, the right of workers and their representatives to present proposals and obtain information and training. Also, please indicate the appropriate bodies to which they can appeal so as to ensure the protection against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8. Exposure to hazards related to air pollution, noise and vibration and related exposure limits. The Committee notes the reference made by the Government to the draft regulations on control of noise in factories and on control of hazardous substances at work. While it welcomes the fact that the latter contains a schedule listing occupational exposure limits regarding for hazardous substances, the Committee notes that the information provided contains no response on the application of other aspects of this Article of the Convention including as regards the criteria for determining hazards of exposure to noise and vibration in the working environment, the methodology for a regular supplementing and revision of the referenced exposure limits in the light of current national and international knowledge and data, nor as regards the designation by representative organizations of employers or workers of technically competent persons to address the problems of air pollution, noise and vibration. The Committee requests the Government to provide further information on all measures taken to ensure a full implementation – in law and in practice – of this Article of the Convention.

Article 10. Provision of suitable personal protective equipment. The Committee notes that the Government in its report yet again refers to the Environmental Protection and Pollution Control Act, 1990 but that it is otherwise silent on the issues raised by the Committee as regards the application of this Article. The Committee reiterates its request to the Government to indicate the specific provisions of national legislation that require the employer to provide and maintain suitable personal protective equipment when the specified exposure limits are exceeded in the case of air pollution and vibration and also the provision which stipulates that the employer shall not require a worker to work without the personal protective equipment provided in pursuance of Article 10 of the Convention. Also, please provide a copy of the document issued by the Environmental Council of Zambia referred to in an earlier report by the Government but not enclosed along with it.

Article 11(1)–(2). Medical examination of workers. The Committee notes that the Government’ report is silent on the issues raised by the Committee in this context. The Committee reiterates its request to the Government to take its comments into account in the context of the previously announced amendments to the Factories and Workplaces Act will be adopted in the near future and requests the Government to keep it informed in this respect.

Article 15. Appointment of a competent person or use of a competent service. The Committee notes that the report contains no new information on the application of this Article of the Convention. The Committee reiterates its request to the Government to indicate the specific provisions of national legislation that require the appointment of a competent person or the use of a competent independent service by employers in such circumstances.

Plan of Action (2010–16). With reference to the ongoing revision of national legislation on occupational safety and health (OSH), the Committee would like to take this opportunity to inform the Government that, in March 2010, the Governing Body adopted a plan of action to achieve widespread ratification and effective implementation of the key instruments in the area of OSH, the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Doc. GB307/10/2 (Rev.)) which may be relevant in this context. The Committee would like to bring to the Government’s attention that under this Plan of Action, the Office is available to provide assistance to Governments, as appropriate, to bring their national law and practice in conformity with these key OSH Conventions in order to promote their ratification and effective implementation. The Committee invites the Government to provide information on any needs it may have in this respect.