Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Occupational Health Services Convention, 1985 (No. 161) - Zimbabwe (Ratification: 2003)

The Committee notes the communication sent by the Zimbabwe Congress of Trade Unions received on 21 September 2009. The Committee will examine this communication along with any comments that the Government may deem relevant to make thereon. Noting also that the Government’s report has not been received the Committee must repeat its direct request, which read as follows:

As further detailed in the following, the Committee notes that the relevant legislation does not seem to contain provisions giving effect or full effect to some of the provisions of the Convention. The Government is requested to submit further information and clarifications as to whether, and in what way, effect has been given, or is envisaged to be given, in law and in practice, to the following provisions of the Convention:

–      Article 3. Occupational health services;

–      Article 7. Organization of occupational health services;

–      Article 9. Operation of occupational health services;

–      Article 10. Full professional independence of occupational health services;

–      Article 11. Qualifications of personnel providing occupational health services;

–      Article 12. Surveillance of workers’ health in relation to work and the manner in which it is ensured that it takes place as far as possible during working hours;

–      Article 13. Information of health hazards involved in the work in other industries than mining and whether employers, in practice, provide the instruction and training called for under this Article of the Convention; and

–      Article 15. Information of occurrences of ill health among workers and absence from work for health reasons.

The Government is also requested to provide further information on the application of relevant legislation in practice in application of the following provisions of the Convention:

–      Article 2. The formulation, implementation and periodical review of a national policy and to submit a copy of the national policy;

–      Article 5. The functions of occupational health services and to provide detailed information on the manner in which the functions of the occupational health services are determined in relation to the risks of the undertaking and to specify to what extent the functions enumerated in this Article are carried out; and

–      Article 8. Implementation of the organizational and other measures relating to occupational health services.

Part VI of the report form. Application in practice. The Committee notes the Government’s statement that continuous improvement is being made to the existing laws in order to minimize fragmentation and enhance operationalization. The Committee requests the Government to provide information on the manner in which this Convention is applied in practice and to supply extracts of inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, etc.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.