Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Zambia (Ratification: 1980)

Legislation. The Committee notes the Government’s report which refers to proposed regulations to give effect to the provisions of the Convention as well as the Government’s intention to address the concerns raised by the Committee during a review of the labour legislation. The Committee hopes that the proposed regulations concerning noise in factories; the control of hazardous substances at work; and protection against occupational hazards relating to vibration come into effect, in law and in practice, in the near future, and encourages the Government to give effect, inter alia, to the following provisions of the Convention during its review of the labour legislation: Articles 6 (Responsibility of employers), 7 (Workers’ rights and responsibilities), 8 (Criteria for determining the hazards of exposure), 10 (Provision of personal protective equipment) and 11 (Supervision of the health of workers exposed) of the Convention. The Committee requests the Government to continue to provide information on relevant legislative developments and to submit copies of such legislation once it has been adopted. The Committee also reminds the Government of the possibility of availing itself of technical assistance from the ILO with a view to giving full effect to this Convention.

Article 5(4) of the Convention. Opportunity to accompany inspectors. The Committee notes the information that, in practice, an inspector is accompanied by the employer and worker representatives when carrying out inspections. The Committee asks the Government to continue to provide further information on the application of this Article of the Convention in practice.

Article 8. Exposure to hazards related to air pollution, noise and vibration and related exposure limits. The Committee notes that, in consultation with the social partners, the Government has established exposure limits, which are to be incorporated into the proposed regulations and have been determined from common international practice. The Committee refers the Government to the provisions of Article 8 of the Convention, which require that the competent authority establish criteria for determining the hazards of exposure to air pollution, noise and vibration in the working environment. The Committee hopes that the proposed regulations establishing exposure limits will be adopted in the near future and asks the Government to indicate in its next report the value of the proposed exposure limits, as well as the criteria used to determine such limits.

Article 15. Appointment of a competent person or use of a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. The Committee notes the information that it is common practice for employers to appoint competent persons or institutions to deal with the abovementioned matters. The Committee asks the Government to provide further information on the application of this Article of the Convention in practice, and in particular to indicate the conditions and circumstances, determined by the competent authority, in which the employer is required to appoint a competent person or service to deal with these matters.

Part IV of the report form. Application in practice. The Committee welcomes the Labour Force Survey Report, published by the Labour Statistics Branch, and attached to the Government’s report, and in particular notes the detailed statistics on employment in the formal and informal economy, disaggregated by gender, age, industry, etc. The Committee requests the Government to provide further information on the application of the Convention in practice in the country, and in particular to provide extracts from the reports of the inspection services; the number and nature of contraventions reported; and the number, nature and cause of occupational accidents and diseases reported.