Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Zambia

Benzene Convention, 1971 (No. 136) (Ratification: 1973)
Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 2013)
Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Ratification: 2013)

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), and 187 (promotional framework for OSH) together.

A. General provisions

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

I. Action at the national level

Article 2(3) of Convention No. 187. Periodic consideration of measures that could be taken to ratify relevant OSH Conventions. The Committee notes the indication in the report of the Government that it is still considering the ratification of relevant OSH Conventions, including the Safety and Health in Construction Convention, 1988 (No. 167). In this regard, the Committee notes the indication that the legislation on safety and health in the construction sector has been reviewed to bring it into conformity with Convention No. 167, and submitted to the Ministry of Justice as part of the enactment process. The Committee requests the Government to continue to provide information on any developments in this regard.

National policy

Article 4 of Convention No. 155 and Article 3 of Convention No. 187. National policy. The Committee notes the indication of the Government that the national OSH policy, which has been in the process of formulation since 2013 and of which a draft has been developed in cooperation with the ILO, has not yet been adopted. The Government indicates that the draft national OSH policy will be considered at a tripartite consultative meeting to ensure stakeholders’ input to the document. The Committee urges the Government to take the necessary measures towards the adoption of the national OSH policy, in consultation with the most representative organizations of employers and workers, and to provide detailed information on the progress achieved in this regard, including the results of tripartite consultations undertaken on this matter.

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. In its previous comments, the Committee noted that, while the draft national OSH policy foresaw the establishment of a national authority responsible for all OSH issues and referred to the establishment of effective communication and systematic collaboration mechanisms, a national authority had not yet been established. The Committee notes that the Government indicates that this information is still up to date and that it will provide an update once consultations are concluded and the national policy has been adopted. The Committee also notes, in this respect, that the Government refers to OSH activities undertaken by the OSH Service Department and the Workers’ Compensation Fund Control Board under the Ministry of Labour and Social Security, and by the Mines Safety Department of the Ministry of Mines, Minerals and Water, among others. In addition, section 8(b) of the Occupational Safety and Health Act (OSH Act) states that one of the functions of the Board of the OSH Institute is to coordinate all activities relating to OSH. The Committee urges the Government to take the necessary measures, whether through the adoption of the national OSH policy or otherwise, so that, after consultation at the earliest possible stage with the most representative organizations of employers and workers, appropriate arrangements are made to ensure necessary co-ordination between the relevant authorities and bodies, in accordance with Article 15(1) of Convention No. 155. The Committee further requests the Government to provide detailed information on the arrangements made, and to indicate whether these arrangements include the establishment of a central body, in accordance with Article 15(2) of that Convention. With regard to the OSH Institute, the Committee refers the Government to its comments below under Article 6 of Convention No. 155.

Article 6 of Convention No. 155. Functions and responsibilities of public authorities. In response to its previous request for information on the functioning of the OSH Institute and other measures to provide guidance to employers and workers, the Committee notes that, according to the Government, the OSH Institute is operational but that its functions “are not fully in effect”. With a view to ensuring the application of Article 6 of Convention No. 155, the Committee requests the Government to provide further information regarding the operation in practice of the OSH Institute, including its functions and activities, any difficulties faced and the measures taken to ensure that all of the functions defined under sections 6 and 8 of the OSH Act are carried out by the OSH Institute or by any other agency.

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. In response to its previous request for information on the review of the Factories Act, the Committee notes the indication of the Government that the draft Factories Act, as well as draft regulations on lifting equipment and pressure vessels, have been prepared for communication to social partners, and for discussion during the next meeting of the Tripartite Consultative Labour Council. The Committee also welcomes the indication of the Government that draft regulations for the OSH Act have been prepared through a consultative process involving all major stakeholders. Recalling the importance of periodically reviewing the national system on OSH in consultation with the most representative organizations of employers and workers, in accordance with Article 4 of Convention No. 187, the Committee requests the Government to provide information regarding the outcomes of the various consultation processes on these draft laws and regulations, and to provide a copy, once adopted.

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 its comments adopted in 2019 concerning these Conventions.

Article 11(a) of Convention No. 155. Design, construction and layout of undertakings; commencement and alteration of operations; technical equipment and procedures. In response to its request for information on the enactment of regulations pursuant to section 38(c) of the OSH Act, the Committee notes the indication of the Government regarding the ongoing revision of the Factories Act and the Mines and Minerals Development Act, as well as the preparation of draft regulations pursuant to the OSH Act. The Committee recalls that, under Article 11(a) of Convention No. 155, functions to be progressively carried out by the competent authority or authorities include the determination of conditions governing the design, construction and layout of undertakings, the commencement of their operations, major alterations affecting them and changes in their purposes, and the safety of technical equipment used at work. The Committee requests the Government to indicate whether the draft regulations prepared pursuant to the OSH Act make provision for any of the conditions listed under Article 11(a) of Convention No. 155. The Committee also requests that the Government continue to provide information regarding the progress towards their adoption.

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 recalls that functions to be progressively carried out by the competent authorities include, under Article 11(b), the determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorisation or control, and, under Article 11(f), the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers. In this respect, the Committee notes the indication of the Government concerning the ongoing revision of the Mines and Minerals Development Act, in order to include provisions ensuring that the functions listed in Article 11(b) and (f) of the Convention are progressively carried out. The Committee requests the Government to indicate the manner in which the revisions to the Mines and Minerals Development Act regulate any of the elements listed under Article 11(b) and (f) of the Convention. The Committee also requests the Government to indicate measures taken to ensure that the functions listed under Article 11(b) and (f) of Convention No. 155 are progressively carried out in sectors other than mining, in law or in practice.

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. Application in practice. The Committee welcomes the information of the Government regarding the development, by a number of departments within ministries and institutions, of an integrated electronic system that will enable the sharing of information and the collection of up-to-date data on OSH, including statistics on occupational injuries. The Government indicates that the departments and institutions involved in the process are the OSH Service Department, the Mines Safety Department, the OSH Institute and the Workers’ Compensation Fund Control Board. The Committee requests the Government to provide further information regarding the progress achieved in the development of this information system, and once the system has been implemented, to provide any available statistics on occupational accidents and diseases.

Article 11(e) of Convention No. 155. Annual publication of information on measures taken in pursuance of the national policy on OSH. In response to its request for information on measures taken or envisaged to ensure the annual publication of information on measures taken in pursuance of the national OSH policy, in accordance with Article 11(e), the Committee notes that the Government refers to annual reports produced by various ministries or institutions charged with the enforcement of safety and health legislation. In this respect, the Committee also notes the information contained in the 2018 annual report of the Ministry of Labour and Social Security.

Article 4(3)(a) of Convention No. 187. National tripartite advisory body. Noting the absence of new information regarding the establishment of a specific tripartite advisory body on OSH at the national level, the Committee requests the Government to provide information on any measures taken or envisaged to establish a national tripartite advisory body addressing OSH issues.

Article 4(3)(h) of Convention No. 187. Support mechanisms for micro-enterprises, small and medium-sized enterprises and the informal economy. The Committee notes the information provided by the Government indicating that all formalized undertakings are covered under the current system and that efforts are being made to formalize most enterprises. In this regard, the Committee notes that, according to a 2018 report of the ILO entitled “Women and Men in the Informal Economy: A Statistical Picture”, informal employment amounts to 87.9 per cent of total employment in the country. The Committee therefore requests the Government to provide further information on the ongoing process to formalize enterprises and the measures taken or envisaged to provide support mechanisms for a progressive improvement of OSH conditions in the informal economy, in accordance with Article 4(3)(h) of Convention No. 187.

Article 5 of Convention No. 187. National programme. The Committee previously noted the Government’s indication that tripartite consultations had been undertaken to formulate a national programme. Noting an absence of further information in this respect, the Committee requests the Government to provide information on the outcome of these tripartite consultations, and to take the necessary measures to ensure the formulation, implementation, monitoring, evaluation and periodic review of a national programme on OSH in the near future, in consultation with the most representative organizations of employers and workers, and in accordance with the requirements of Article 5 of Convention No. 187. The Committee also requests the Government to provide detailed information regarding such programme once it has been adopted, including on the elements listed under Article 5(2) and (3) of Convention No. 187.

I. 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. Noting the absence of new information concerning this matter, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure that a worker who has removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health, shall be protected from undue consequences, in accordance with Article 13 of Convention No. 155.

Article 17 of Convention No. 155. Collaboration between two or more undertakings. In response to its previous comments on the measures taken or envisaged to give effect to Article 17 of Convention No. 155, the Government states that this is covered by the draft national OSH policy. The Committee notes that, while the draft national OSH policy refers to the establishment of systematic OSH collaboration mechanisms for all stakeholders, both in the public and private sectors, it does not indicate the manner in which effect would be given to Article 17, which provides that, whenever two or more undertakings engage in activities simultaneously at one workplace, they shall collaborate in applying the requirements of Convention No. 155. The Committee therefore requests once again the Government to provide further information on the measures taken or envisaged to give effect to Article 17 of Convention No. 155.

Article 19(f) of Convention No. 155. Return to a work situation where there is continuing imminent and serious danger. Noting the absence of new information concerning this matter, the Committee requests once again the Government to indicate the measures taken or envisaged to ensure that, until the employer has taken remedial action, if necessary, the employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health, in accordance with the second part of Article 19(f) of Convention No. 155.

A. Protection against specific risks

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. Noting the absence of information in the report of the Government in response to the Committee’s previous comments, the Committee once again requests the Government to indicate 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 (section 7.2 of the Factories (Benzene) Regulations).

Article 6(2) and (3). Measurement of the concentration of benzene in the air of places of employment. Noting the absence of information from the Government in response to the Committee’s previous comments, the Committee once again 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, in accordance with Article 6(2) and (3) of the Convention.