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 136 (benzene), 155 (OSH), 176 (OSH in mines) and 187 (promotional framework for OSH) together.

Occupational safety and health and its promotional framework (Conventions Nos 155 and 187)

I. Action at the national level

National policy

Article 4 of Convention No. 155 and Article 3 of Convention No. 187. National policy. The Committee notes that the national policy on OSH has been in the process of formulation since 2013 and that the Office provided technical assistance in this respect. The Government indicates that, prior to the adoption, the draft policy will be discussed at a tripartite workshop. The Committee requests the Government to pursue its efforts towards the formulation and adoption of a coherent national policy on OSH, in consultation with the most representative organizations of employers and workers. It requests the Government to provide a copy of the policy, once adopted, and to provide information on the subsequent measures taken to ensure its periodic review, at regular intervals, once the policy is adopted.

Articles 5(d) and 15 of Convention No. 155. Coordination between various authorities and bodies. Establishment of a central body. Communication and cooperation at the national level. The Committee notes that Part 5 of the draft national OSH policy (submitted to the Office in 2014) establishes mechanisms for national coordination on OSH matters. In this context, the establishment of a national authority responsible for all OSH issues is foreseen and reference is made to the establishment of effective communication and systematic collaboration mechanisms. However, the Committee notes the indication of the Government that the national authority has not been established yet. The Committee requests the Government to provide further information on the arrangements made, after consultation at the earliest possible stage with the most representative organizations of employers and workers, to ensure the necessary coordination between various authorities and bodies, with a view to ensure the coherence of the national policy on OSH.

Articles 6 and 10 of Convention No. 155. Functions and responsibilities of public authorities. Guidance to employers and workers. Application in practice. The Committee notes that sections 4–10 of the OSH Act, 2010, establish the OSH Institute, the functions of which include, among other things, the development of programmes to provide incentives for employers to implement OSH measures (section 6). However, the Committee notes that the Report of the Auditor General on the Management of OSH published in 2015 (hereinafter, Report of the Auditor General) indicates that the OSH Institute is not yet operational. The Committee requests the Government to provide information on the functioning of the OSH Institute and on other measures taken to provide guidance to workers and employers.

National system

Article 8 of Convention No. 155 and Article 4(1)(a) and (2) of Convention No. 187. Periodic review of the national system and national legislation. The Committee notes the Government’s indication that the Factories Act, 1966, is being reviewed to ensure conformity with the Convention. In addition, the Committee notes the indication contained in the Report of the Auditor General that the OSH Act had not been implemented and it lacked the regulations to make it operational. The Committee requests the Government to continue to provide information on the review of the Factories Act, and to provide a copy of any legislation adopted in this respect. In addition, the Committee requests the Government to provide information on the measures taken to implement the OSH Act and on the development and adoption of regulations to make the OSH Act operational.

Article 9 of Convention No. 155 and Article 4(2)(c) of Convention No. 187. Mechanisms for ensuring compliance with national legislation. Taking into account that Zambia has ratified the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee refers, as regards Article 9 of Convention No. 155 and Article 4(2)(c) of Convention No. 187, to the detailed comments that it has adopted in 2016 concerning the referenced Conventions, particularly as regards the reform of the labour legislation and the application of the following Articles: Articles 2(1), 3(1)(a) and (b), 13, 16, 17 and 18 of Convention No. 81 (labour inspection in the mining sector); Articles 3(1)(b) and 13 of Convention No. 81 and Article 6(1)(b) and 18 of Convention No. 129 (preventive activities of occupational safety and health inspectors); Article 5(a) and (b) of Convention No. 81 and Articles 12(1) and 13 of Convention No. 129 (cooperation with other private and public authorities exercising similar duties, collaboration with workers’ and employers’ organizations); Article 7 of Convention No. 81 and Article 9 of Convention No. 129 (recruitment and training of labour inspectors); Article 9 of Convention No. 81 and Article 11 of Convention No. 129 (association of duly qualified technical experts and specialists in the area of occupational safety and health); Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129 (human resources of the labour inspectorate, financial and material means); Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129 (free access of labour inspectors to workplaces liable to inspection at any hour of the day or night without prior notice to carry out investigations); Article 14 of Convention No. 81 and Article 19 of Convention No. 129 (notification of industrial accidents and cases of occupational disease to the labour inspectorate); Article 15 of Convention No. 81 and Article 20 of Convention No. 129 (obligations of labour inspectors); as well as Articles 19, 20 and 21, in conjunction with Article 5(a) of Convention No. 81 and Articles 25, 26 and 27, in conjunction with Article 12 of Convention No. 129 (publication and communication to the ILO of annual labour inspection reports).

Article 11(a) of Convention No. 155. Design, construction and layout of undertakings; commencement and alteration of operations; technical equipment and procedures. The Committee notes the Government’s indication that the functions listed in Article 11 of the Convention are progressively carried out. The Committee also notes that, pursuant to section 38(c) of the OSH Act, 2010, the Minister may, by statutory instrument, enact OSH regulations on the conditions for the design, construction and use of a plant (defined as including any machinery, equipment or appliances, tools and anything which is used in connection with a plant or premises). The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the functions listed in Article 11(a) of the Convention are progressively carried out, including through the enactment of regulations pursuant to section 38(c) of the OSH Act, 2010.

Article 11(b) and (f) of Convention No. 155. Determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control. Systems to examine chemical, physical and biological agents. The Committee refers to its comments below on Convention No. 136 concerning the Factories (Benzene) Regulations (Statutory Instrument No. 179 of 1978). It also recalls that it previously noted, in its examination of the application of the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), the Government’s indication that it had developed draft regulations on noise establishing exposure limit values and regulations on hazardous substances. With reference to its comments below on Convention No. 176, the Committee notes that the Report of the Auditor General indicates that the Mining Regulations do not provide for the exposure limits of miners to silica. The Committee requests the Government to provide further information to ensure that the functions listed in Article 11(b) and (f) of the Convention are progressively carried out, including with respect to the mining sector. It requests the Government to provide a copy of any regulations adopted in that respect.

Article 11(c) of Convention No. 155 and Article 4(3)(f) and (g) of Convention No. 187. Notification of occupational accidents and diseases and production of annual statistics. Collection and analysis of data on occupational injuries and diseases. Collaboration with relevant insurance or social security schemes. The Committee notes that sections 76–79 of the Factories Act establish procedures for the notification and investigation of accidents, dangerous occurrences and industrial diseases. In this respect, the Report of the Auditor General emphasizes the existence of some degree of overlap in the notification of occupational accidents, dangerous occurrences and incidents among the Mine Safety Department, the OSH Service Department and the Worker’s Compensation Fund and Control Board, as well as a general fragmentation of information and statistics on OSH. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the effective functioning of procedures for the notification of occupational accidents and diseases by employers and, when appropriate, insurance institutions and others directly concerned, and the production of annual statistics on occupational accidents and diseases, as well as on the mechanism for the collection and analysis of data on occupational injuries and diseases, in conformity with Article 11(c) of Convention No. 155 and Article 4(3)(f) and (g) of Convention No. 187.

Article 11(e) of Convention No. 155. Annual publication of information on measures taken in pursuance of the national policy on OSH. The Committee welcomes the Report of the Auditor General published in 2015 which assesses the effectiveness of the Government’s effort to enhance OSH in Zambia. However, the Committee notes that no similar reports have been published since 2015. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the publication, annually, of information on measures taken in pursuance of the national policy on OSH, in conformity with Article 11(e) of the Convention.

Article 4(3)(a) of Convention No. 187. National tripartite advisory body. The Committee notes the Government’s indication that advisory functions are currently carried out at the national level by a tripartite consultative Labour Council, while other institutions, such as the Ministry of Labour and Social Security (MLSS), the Ministry of Health and the Ministry of Mines, Minerals and Water Development, provide advisory services on OSH. However, the Government indicates that there is a need to establish a specific advisory body on OSH. The Committee requests the Government to provide further information on the progress made in this respect.

Article 4(3)(h) of Convention No. 187. Support mechanisms for micro-enterprises, small and medium-sized enterprises and the informal economy. The Committee requests the Government to provide information on any support mechanisms established for a progressive improvement of OSH conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy.

National programme

Article 5 of Convention No. 187. National programme. The Committee notes the Government’s indication that tripartite consultations were undertaken to elaborate a national programme to assist achieving progressively a safe and healthy working environment. The Committee requests the Government to provide further information on the measures taken to formulate, implement, monitor, evaluate and periodically review a national programme on OSH in consultation with the most representative organizations of employers and workers.

National preventative safety and health culture and consideration given to principles set out in relevant ILO instruments

Article 2(3) of Convention No. 187. Measures to ratify relevant OSH Conventions. The Committee notes the Government’s indication that it is considering the ratification of the Safety and Health in Construction Convention, 1988 (No. 167). To this end, the legislation on safety and health in the construction sector is being reviewed to bring it into conformity with the Convention. The Committee requests the Government to continue to provide information on the measures taken to consider ratification of relevant OSH Conventions, in consultation with the most representative organizations of employers and workers.

II. Action at the level of the undertaking

Article 13 of Convention No. 155. Protection from undue consequences related to removal from imminent and serious danger. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 13 of Convention No. 155, on ensuring that workers who remove themselves from work situations which they have reasonable justification to believe present an imminent and serious danger to their life or health are protected from undue consequence.

Article 17 of Convention No. 155. Collaboration between two or more undertakings. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 17 of Convention No. 155, on the duty to collaborate in applying OSH requirements of two or more undertakings that engage in activities simultaneously at one workplace.

Article 19(f) of Convention No. 155. Return to a work situation where there is continuing imminent and serious danger. The Committee notes that, pursuant to section 17(2) of the OSH Act, 2010, workers have the duty to inform the employer or committee or health representative of a dangerous situation for their health and safety. The Government indicates that it is the duty of the supervisor to take the necessary action. However, the Government does not indicate if the employer is prohibited to require workers to return to a work situation where there is continuing imminent and serious danger to life or health, until remedial action has been taken, in accordance with the second part of Article 19(f) of the Convention. The Committee requests the Government to provide information on the measures taken to give effect to the second part of Article 19(f) of Convention No. 155.

Benzene Convention, 1971 (No. 136)

Article 4 of the Convention. Prohibition of the use of benzene and of products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work. Application in practice. With reference to its previous comments on the prohibition of the use of benzene in certain work processes, the Committee notes the Government’s indication that the Factories (Benzene) Regulations (Statutory Instrument No. 179 of 1978) give effect to the requirements of the Convention in prohibiting the use of benzene in processes when harmless or less harmful substitute products are available (section 3). The Committee also notes that, although there is no provision prohibiting the use of benzene and of products containing benzene as a solvent or diluent, the Regulations establish that: (a) work processes involving the use of benzene or products containing benzene shall be carried out in an enclosed system (section 7.1); and (b) where it is not practicable for the work processes to be carried out in an enclosed system, efficient means shall be provided to ensure the removal of benzene vapour (section 7.2). The Committee requests the Government to provide further information on the safe methods of work that ensure the removal of benzene vapour when the process involving the use of benzene and of products containing benzene as a solvent or diluent is not carried out in enclosed systems.

Article 6(2) and (3). Measurement of the concentration of benzene in the air of places of employment. The Committee notes the Government’s indication that the OSH Services Department of the MLSS does not have the equipment to carry out measurements of the concentration of benzene in the air and that for this reason no directive on carrying out measurements have been issued so far. The Committee recalls that Article 6 of the Convention requires that employers ensure that the concentration of benzene in the air in the workplace does not exceed a maximum and that the competent authority shall issue directions for the employers to carry out this measurement. The Committee requests the Government to provide information on the directions issued by the competent authority to ensure that employers carry out measurements of the concentration of benzene in the air of places of employment.

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

The Committee notes the information provided by the Government in reply to its previous comments concerning the application of Article 5(2)(f) (rights of workers and their representatives to be consulted on matters and to participate in measures relating to safety and health at the workplace); Article 10(a) (adequate training); Article 7(a) (design, construction and provision of equipment); Article 7(g) (particular hazards); Article 8 (emergency response plans); Article 9(a) (provision of information to workers); Article 13(1)(c), (d) and (f), (2) and (4) (certain rights of workers and their representatives); and Article 15 (cooperation between employers and workers).

Article 4 of the Convention. National laws and regulations. With reference to its previous comments, the Committee notes the adoption of the Mines and Minerals Development Act, 2015, and the Government’s indication that the Mining Regulations, 1971, which were revised in 2013 with the assistance of the ILO, are still in the process of being reviewed. The Committee requests the Government to provide information on the developments relating to the adoption of the revised Mining Regulations.

Article 5(2)(d). Compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences. The Committee refers to its comment above on the application of Article 11(c) of Convention No. 155.

Article 5(5). Plans of working. The Committee notes that, pursuant to section 501 of the Mining Regulations (Statutory Instrument No. 107 of 1971) managers have the duty to ensure that mine plans are prepared and kept at the mine. However, the Committee notes that the manager may request to the Chief Inspector an exemption or partial exemption from the discharge of this duty, where the average number of persons employed is less than 100. Recalling that the Convention requires that the employer in charge of the mine ensures the preparation of appropriate plans of workings, regardless of the number of workers at the mine, the Committee requests that the Government provide information on any exemption or partial exemption granted under section 501 of the Regulations.

Article 7(a). Communication system. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that employers provide the mine with electrical, mechanical and other equipment, including a communication system, pursuant to Article 7(a) of the Convention.

Article 7(b). Commission and decommissioning of the mine. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the mine is commissioned and decommissioned in such a way that workers can perform the work assigned to them without endangering their safety and health or that of other persons.

Article 7(g). Operating plan and procedures. The Committee requests the Government to provide information on 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 requests the Government to provide information on the measures taken or envisaged to ensure that employers prepare an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters, pursuant to Article 8 of the Convention.

Article 10(a). Provision of training and retraining to workers. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that adequate training and retraining programmes and comprehensible instructions are provided for 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. With reference to its comment above on the application of Article 17 of Convention No. 155, the Committee notes that the Government does not indicate the manner in which 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. The Committee requests the Government to provide further information on the manner in which effect is given to the requirement of Article 12 of the Convention, according to which 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, pursuant to section 17(2) of the OSH Act, 2010, workers have an obligation to report dangerous situations. In this respect, pursuant to section 38(2)(i), the Minister may enact regulations that provide for the reporting of accidents occurring at workplaces. However, the Committee notes that these regulations have not been issued. Moreover, the Committee notes that the Government does not indicate the provisions in the national legislation that grant to the workers the rights established in Article 13(1)(b) and (e) of the Convention. The Committee requests the Government to provide information on the procedures established by national laws and regulations for the workers to exercise their right: (a) to report accidents to the employer and to the competent authority (Article 13(1)(a)); (b) to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the employer and the competent authority (Article 13(1)(b)); and (c) to remove themselves from any location at the mine when circumstances arise which appear, with reasonable justification, to pose a serious danger to their safety or health (Article 13(1)(e)).

Article 13(2)(c). Advisers and independent experts. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the safety and health representatives have the right to have recourse to advisers and independent experts, pursuant to Article 13(2)(c) of the Convention.