Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - United Republic of Tanzania (Ratification: 1983)

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:

The Committee notes the information supplied in the Government's report (supplementary) concerning the application of the Convention in Zanzibar. The Committee notes in particular the information concerning the application of Article 9 of the Convention.

1. The Government is requested to supply any additional information on the following points.

Article 4, paragraph 1. The Committee notes that sections 14 and 16 of the Factories (Supervision and Safety) Rules, 1943, prescribe measures to be taken for the prevention and control of occupational hazards in the working environment due to air pollution. The Committee also notes that the Government is in the process of emending this instrument. The Committee hopes that an emended version of the text in question will give full effect to the Convention with regard to the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution. The Committee asks the Government to keep it informed of any developments in this respect and to provide a copy of the new text as soon as it has been adopted.

Article 4, paragraph 2. The Committee had noted, from the Government's report for the period ending 30 June 1990, that provisions concerning the practical implementation of the Convention might be adopted through government circulars published in the official Government Gazette. While no new information has been provided in the latest Government's report in this respect, the Government is requested to indicate the measures taken with a view to ensure the practical implementation of the legal requirements for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution.

Article 5, paragraphs 1, 2 and 3. The Government is requested to indicate the measures taken or contemplated to ensure the collaboration, as close as possible, at all levels between employers and workers in the application of the measures prescribed in pursuance of the Convention (paragraph 3). Noting the absence of the employers' association concerned in Zanzibar (such an association needs to be consulted in giving effect to the provisions of the Convention accordingly to paragraph 1), the Committee asks the Government to report on developments regarding its setting up in the future.

Article 5, paragraph 4. The Government is requested to provide information on the measures taken to ensure that workers' and employers' representatives have the opportunity to accompany inspectors supervising the application on the measures prescribed in pursuance of the Convention.

Article 6, paragraph 2. The Committee notes from the Government's latest report that regulations laid down by the factories inspectorate entailing general procedures for the collaboration between two or more employers undertaking activities at one workplace have not yet been approved by the competent authority. The Committee hopes that the mentioned regulations will be approved in the near future and asks the Government to provide a copy of their texts as soon as they have been adopted.

Article 7, paragraph 2, and Article 13. The Government is requested to indicate the manner in which the persons concerned are instructed on the measures available for the prevention and control of, and protection against, occupational hazards specified in these Articles, and to provide information on any progress in respect of training given for workers.

Article 8, paragraphs 1, 2 and 3. The Committee takes note of the Government's indication concerning new proposals made in order to emend the Factories (Supervision and Safety) Rules, 1943, containing mention of international exposure limits with which employers are obliged to comply with. The Committee recalls that the provisions of paragraphs 1 and 3 of the Convention require that the criteria for determining the hazards of exposure to air pollution in the working environment shall be established by the competent authority and shall be supplemented and revised regularly in the light of current national and international knowledge and data. The Government is requested to indicate the measures taken or envisaged to establish, supplement and regularly revise criteria in question. The Government is also requested to indicate how the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned is taken into account in the elaboration of these criteria (paragraph 2).

Article 10. The Committee notes from the Government's report that the Labour Regulations concerning private companies, enterprises and corporations of 1987 have been repealed by the Labour Regulations of 1991, of which section 35 provides for employers to provide suitable personal protective equipment for employees. The Government is requested to send a copy of this text.

Article 11, paragraphs 1, 2 and 3. The Government is requested to indicate the manner in which it is ensured that all categories of workers exposed to hazards due to air pollution are subject to pre-placement medical examinations as well as to periodical examinations, specifying in particular their nature and frequency, and that they are free of cost to the workers (paragraphs 1 and 2). The Government is also requested to indicate the measures taken to ensure that every effort is made to provide a worker, whose continued assignment to work involving exposure to air pollution is medically inadvisable, with suitable alternative employment or to maintain his or her income through social security measures (paragraph 3).

Article 12. The Committee notes that no information has been provided in the latest Government's report about regulations which were being drafted by the factories inspectorate in order to cover general conditions of the working environment. The Committee expresses once again the hope that these regulations will be approved in the near future and that they will indicate the processes, substances, machinery and equipment, the use of which must be notified to the competent authority. The Government is requested to indicate any progress made in this respect.

Article 15. The Committee notes from the Government's report that the employer is obliged to appoint a safety officer to deal with general occupational hazards. The Government is requested to indicate the provision establishing the obligation of the employer to appoint a safety officer and to send a copy of its text.

2. The Committee would be grateful if the Government would provide information on the practical implementation of the Convention, such as relevant extracts from inspection reports, any statistics available on the number of workers covered by the relevant legislation and other measures, and the number and nature of contraventions reported (Part IV of the report form).