Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Prevention of Major Industrial Accidents Convention, 1993 (No. 174) - Zimbabwe (Ratification: 2003)

Legislation. The Committee notes the information that there have been no legislative changes which affect the application of the Convention, but that a new occupational safety and health (OSH) law is under review by the Ministry of Labour and Social Service. The Committee has requested the Government to keep the Office informed of the development in this respect and to transmit copies of any new legislation, once it has been adopted, in the context of the application of the Occupational Safety and Health Convention, 1981 (No. 155). The Committee also notes the information that consideration will be given to formulate detailed regulations to cover, in particular, most aspects of the provisions of this Convention. The Committee requests the Government to report on progress in this respect. The Committee welcomes the submission of relevant up-to-date legislation and practices and also notes the information provided regarding effect given to Articles 6 and 19 of the Convention.

Article 2 of the Convention. Plans to address special problems of a substantial nature. The Committee notes the Government’s indication that the abovementioned newly envisaged OSH legislation would provide for the formulation and implementation of regulations concerning major hazard installations and prevention of major accidents involving hazardous substances through the Zimbabwe Occupational Safety and Health Council (ZOSHC). The Committee requests the Government to give information about tentative plans to address special problems until the promulgation of the new OSH legislation.

Articles 4 and 17. Formulation, implementation and periodic review of a coherent national policy. The Committee notes the information that no specific national policy has been adopted concerning the matters covered by the present Convention, but that reference is made to the national policy on OSH in general, which is under review. The Committee also notes the references made to numerous pieces of legislation which, according to the Government, provide for the “management of major industrial accidents”. Against this background, the Committee wishes to underscore that one of the main purposes of this Convention is to ensure that governments take the measures required in order to prevent major industrial accidents so that their effects are mitigated as far as is reasonably possible. The focus of this Convention is thus not on the management of the individual major hazardous installations and the workers they employ, but rather on the management of the associated risks to which the public and the environment would also be exposed should a major accident occur. One of these preventive measures would be to develop a comprehensive siting policy arranging for the appropriate separation of proposed major hazard installations from working and residential areas, as provided in Article 17. While policy issues relevant to the application of the present Convention are closely related to general OSH policy issues, and could usefully form a part thereof, the policy issues relevant for the present Convention are thus distinct as to their purpose and focus. Against this background the Committee requests the Government to provide further detailed information on measures taken to formulate, implement and periodically review a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents in accordance with Article 4 and, in this context, also develop a comprehensive siting policy in accordance with Article 17.

Article 15. Establishment and regular updating of off-site emergency plans and procedures to protect the public and the environment outside the sites of hazardous installations. The Committee notes the information provided by the Government that the Environmental Management Act (EMA) is responsible for the protection of the public, and of the environment in general, from risks emanating from major hazardous installations. The Committee notes the declared intention of the Government to pursue consultations with the main actors in relation to major hazard installations in order to raise awareness of the need to put in place emergency procedures to protect the public and environment outside major hazardous installations. The Committee also notes the information that the EMA is placing increased emphasis on the conduct of environmental impact assessments/audits. The Committee would like to emphasize that the establishment and regular updating of off-site emergency plans and procedures to protect the public and the environment outside the sites of hazardous installations is essential in order to prevent, but also in order to mitigate, the impact of any possible major accident. The availability, for all parties concerned, of adequate and up-to-date information on the products and chemicals in use can be crucial in this context. The Committee requests the Government to provide further information on the specific measures taken to ensure that effect is given to this Article of the Convention, both in law and in practice, in consultation with, and based on, information provided by the employers and competent authorities.

Article 22. Requirement for an exporting state to make certain information available to an importing state. The Committee notes that the information provided by the Government on the importation requirement regarding pesticides and toxic substances, including registration to the Environment Management Board. The Committee notes, however, the absence of information regarding the obligations under this Article which regulates issues from an exporting state’s perspective. The Committee requests the Government to provide further information regarding national requirements for the transmission of information from Zimbabwe to an importing state on national prohibitions for use of hazardous substances, technologies or processes as a potential source of a major industrial accident.

With reference to its previous comment, the Committee notes although the Government has provided some information in its report, the Committee needs further and more detailed information to enable it to understand and evaluate the effect given, in law and in practice, to the following Articles of the Convention:

–           Article 5. Development of a system for the identification of major hazard installations;

–           Article 8. Notification requirements concerning existing and new hazardous installations;

–           Article 9(a)–(c) and (g). Provisions requiring a documented system of major hazard control, including risk assessment, technical and organizational preventive measures;

–           Articles 10–12. Requirements for employers to prepare, review, update and amend safety reports and to transmit them to the competent authorities;

–           Article 16. Duties of the competent authority prior to, and in the context of, a major accident; and

–           Article 20. Consultation with workers and their representatives through appropriate cooperative mechanisms.

The Committee requests the Government to provide additional information on the application in law and in practice of the abovementioned Articles and also to transmit detailed information on all relevant developments in this regard.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government on efforts to be made in 2010–11 to identify major hazard installations in the country, including the number of workers who are exposed to risks at such installations. With reference to the foregoing and its comment under Articles 4 and 17 above, the Committee requests the Government to provide further information on the envisaged inventory of major hazardous installations in the country and include information on assessments made of the possible impact major industrial accidents involving these installations may have on the public and the environment. Please also refer to the comment made this year regarding the application of the Occupational Safety and Health Convention, 1981 (No. 155).