Chemicals Convention, 1990 (No. 170) - Zimbabwe (Ratification: 1998)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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 the following Conventions together: Conventions Nos 155 (occupational safety and health), 161 (occupational health services), 162 (asbestos), 170 (chemicals), 174 (prevention of major industrial accidents) and 176 (safety and health in mines).

The Committee takes note of the Government’s report and the supplementary information in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 16 September 2020. The Committee also notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) received on 29 September 2020, as well as the Government’s reply in its supplementary report.

Draft Occupational Safety and Health Act. The Committee notes the information provided by the Government in its report indicating that the new Occupational Safety and Health (OSH) Act, with the objective of achieving greater compliance with the OSH Conventions ratified by Zimbabwe, has been submitted to the Cabinet Committee on Legislation for subsequent submission to Cabinet. The Committee also notes the statement of the ZCTU that it has been party to the development of the Act. In this context, the Committee requests the Government to take into account the comments that it is making on the application of Conventions Nos 155, 161, 162, 170, 174 and 176. The Committee requests the Government to provide information on the developments in this regard and to transmit a copy of any new legislation once it has been adopted.

Occupational Safety and Health Convention, 1981 (No. 155)

Application of the Convention in practice. The Committee notes that, according to the observations of the ITUC, in 2018, the National Social Security Authority (NSSA) registered a spike in fatal workplace accidents, with 5,965 injuries and 70 fatalities recorded compared to 5,007 injuries and 65 fatalities recorded in 2017, indicating a 19 per cent increase. Mining, agriculture and forestry, metal production, transport and storage and manufacturing are among the most accident-prone sectors. In particular, the working conditions of healthcare workers in Zimbabwe is dire and health facilities are understaffed and have low OSH standards. The situation has worsened with the COVID-19 pandemic breakout as hospitals are faced with unreliable access to water, which impedes their efforts to implement hygiene measures. The ITUC calls for the taking of preventive and protective measures to fight COVID-19 and for the provision of adequate personal protective gear to healthcare workers.

The Committee notes the Government’s statement that it has embarked on joint inspections so as to effectively carry out monitoring and inspections in workplaces on OSH matters even during the COVID-19 lockdown period. The Government indicates that 3,767 inspections have been undertaken for the period from 1 September 2019 to 30 September 2020, including 2,636 factory inspections and assessments conducted at various workplaces. The Committee also notes the information provided by the Government in its report on Convention No. 170 that it remains a challenge to transfer cases of violations detected to the court due to limited understanding of the judicial system on OSH issues and weak deterrent penalties. The Government indicates that, in this regard, awareness-raising activities and trainings are organized for the judicial system in order to facilitate prosecution. The Committee requests the Government to provide its comments with respect to the observations of the ITUC. It also requests the Government to provide information on any measures taken or envisaged to address the increasing number of occupational accidents, and to provide statistics such as on occupational accidents and diseases broken down by sector of occupation, age and gender and on the development of the number of the workforce. The Committee further requests the Government to take adequate preventive and protective measures to ensure a safe working environment for all workers in the context of the COVID-19 pandemic, particularly healthcare workers.

Article 13. Protection of workers removed from situations presenting imminent and serious danger. The Committee notes the Government’s indication, in reply to its previous comments, that paragraph 5(d) of the national OSH policy provides for workers’ right to refuse to undertake any work that has not been rendered safe. The Committee also notes the Government’s reference to the draft OSH Act, section 22(2) of which provides for workers’ right to refuse to do work which is likely to cause imminent danger to his or her safety or health. The Committee requests the Government to take measures to ensure that workers who have 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, and to provide information on any legislation adopted in this respect.

Article 16. Duties of the employer to ensure safety at the level of the undertaking. The Committee previously noted that the national legislation referenced by the Government did not appear to impose a general duty on employers to ensure that, so far as is reasonably practicable, the workplaces, machinery, equipment and processes under their control are safe and without risk.

The Committee notes the Government’s information that the draft OSH Act explicitly outline the duties of employers to provide a safe working environment (section 21). The Committee requests the Government to take measures to ensure the draft OSH Act provides for a general duty on employers to, so far as is reasonably practicable, ensure safety at the level of the undertaking, as required by Article 16 of the Convention.

Asbestos Convention, 1986 (No. 162)

Legislation. The Committee previously noted the Government’s indication that it envisaged the adoption of legislation on OSH and of regulations on asbestos, which would give wider coverage to the control of occupational exposure to chrysotile (white asbestos). The Committee notes the observations of the ZCTU, according to which, the current regulations do not cover all forms of asbestos. The Committee also notes the Government’s indication in its report that the envisaged regulation on asbestos will cover all forms of asbestos as provided for by Article 2 of the Convention and give effect to all the provisions of the Convention. Noting that the Government has been referring to the asbestos regulations since 2014, the Committee requests the Government to ensure that, in the context of the current legislative reform, full effect is given to: Article 14 (labelling of asbestos and products containing asbestos); Article 15(4) (provision of adequate respiratory protective equipment by the employer); Article 17 (demolition of plants and structures containing asbestos); and Article 20(4) (workers’ and their representatives’ right to request to appeal to the competent authority concerning the results of the monitoring of the working environment). The Committee also requests the Government to continue providing information on any progress made regarding the adoption of the envisaged regulation on asbestos, and to provide a copy once adopted.

Article 6(2) and (3) of the Convention. Cooperation between employers and preparation of procedures for dealing with emergency situations. The Committee previously noted the promotional activities carried out by the National Social Security Authority (NSSA for the establishment of emergency preparedness programmes and industrial assessments on this subject in all major sectors of the economy.

The Committee notes the Government’s indication that the envisaged regulation on asbestos in this regard will provide for the establishment of a cooperation mechanism between employers operating at the same workplace, as well as the draft OSH Act. The Committee requests the Government to ensure that the envisaged regulation on asbestos and the new OSH Act give full effect to this Article. Pending their adoption, the Committee requests the Government to provide information on how employers undertaking activities simultaneously at one workplace cooperate in order to comply with health and safety measures in practice, as prescribed by Article 6(2) of the Convention.

Article 15(1) and (2). Exposure limits and periodic review. The Committee previously noted that the occupational exposure limit was fixed at 0.5f/ml, with a review planned aimed at lowering the limit to 0.1f/ml. In this respect the Committee notes the Government’s indication that the exposure limit for chrysotile asbestos has been reviewed and is set at 0.1f/ml. The Government also states that the exposure limit is provided for by the 2017 NSSA Guidelines for Occupational Exposure Limits for Chemical Contaminants and Dusts, and that the guidelines will further be upgraded to regulatory provisions under the envisaged hazardous substances regulation and asbestos regulation. The Committee requests the Government to continue to provide information on any progress made regarding the adoption of relevant regulatory provisions prescribing limits for the exposure of workers to asbestos or other exposure criteria and the periodic review in this regard, due consideration being given to technological progress and advances in technological and scientific knowledge.

Article 21. Medical examinations. Following its previous comments, the Committee notes the Government’s repeated reference to the Third Schedule of SI (Statutory Instrument) 68 of 1990 on Accident Prevention and Workers Compensation (sections 1(l) and 5(c)) and the Factories and Works (General) Regulations of 1976 (section 11), which provide for medical examinations for workers potentially exposed to harmful substances in all industries, including the chrysotile asbestos industry. Additionally, Part V of the Pneumoconiosis Act provides for medical examinations and, in particular, chest x-rays, for workers working in dusty occupations (defined in the Act to include work in or on a mining location or any other area where there is a dust-producing process). The Government also indicates that specific provisions on medical examinations will further be provided for by the envisaged regulation on asbestos. The Committee recalls that, pursuant to Article 21(1) of the Convention, workers must be provided with such medical examinations as are necessary to supervise their health in relation to the occupational hazard, and to diagnose occupational diseases caused by exposure to asbestos, which may require examination after the termination of employment. The Committee requests the Government to ensure that specific provisions on medical examination for workers exposed to asbestos, including after their employment is terminated or ended, are included in the envisaged regulation on asbestos, in conformity with Article 21 of the Convention. Pending the adoption of such regulation, the Committee requests the Government to provide information on how medical examinations for workers exposed to asbestos are carried out in practice, under the current legislative provisions of a general nature.

Application of Convention No. 162 in practice. The Committee notes the Government’s indication that there have not been any contraventions reported to date. It also states that the OSH Inspectorate of the NSSA regularly carries out inspections in chrysotile asbestos manufacturing factories to ensure their compliance with the Factories and Works Act and other related legislative provisions. The Government further indicates that there are challenges of implementation due to limited resources with respect to the acquisition of equipment and accessories. The Committee requests the Government to strengthen its efforts to provide statistical information on the application of the Convention, including the relevant reports of the NSSA in this regard, specifically information on the number of workers covered by the legislation, the number of occupational diseases reported as being caused by asbestos and the number and nature of contraventions reported.

Chemicals Convention, 1990 (No. 170)

Article 6(1) of the Convention. Classification systems. Following its previous comments, the Committee notes the Government’s indication that SI 12 of 2007 on Hazardous Substances, Pesticides and other Toxic Substances Regulations is repealed by SI 268 of 2018 on Hazardous Substances General Regulations, which provides for labelling for different hazardous substances. The Committee observes that SI 268 of 2018 does not appear to contain specific criteria for the classification of all chemicals. The Government indicates that, considering the limitation in national legislation with regard to the requirements of Article 6(1) of the Convention, a specific regulation addressing hazardous chemical agents will be formulated together with the draft OSH Act, in order to provide specific guidance on the classification and labelling of chemicals in accordance with the Globally Harmonized System of Classification and Labelling of Chemicals. The Committee therefore requests the Government to ensure the establishment of systems and specific criteria for the classification of all chemicals, as well as procedures for their labelling, including through the adoption of the envisaged regulation on hazardous chemical agents. Pending the adoption of such regulation, the Committee requests the Government to provide information on how chemicals are classified in practice as well as their labelling.

Application of Convention No. 170 in practice. The Committee previously noted that the NSSA and the Environmental Management Agency (EMA) monitor and enforce the legislative provisions relative to the registration and labelling of chemicals and impose penalties when violations are detected.

The Committee notes that, according to the observations of the ZCTU, due to the limits of the monitoring system, there are still cases in which employers expose workers to hazardous work environments where non-labelled chemicals are used. The Committee notes the Government’s indication that during 4,285 inspections in various sectors, 117 cases of chemical exposure were discovered, including 17 in agriculture, but that the statistics are not disaggregated by specific chemical stressor. The Government also states that improvement notices were issued in most cases of violations detected. The Committee requests the Government to continue providing information on the number of inspections conducted in this regard, the number and nature of contraventions reported, and the number and nature of penalties imposed.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

Articles 4 and 17 of the Convention. Formulation, implementation and periodic review of a coherent national policy and establishment of a comprehensive siting policy. Following its previous comments, the Committee notes the observations of the ZCTU that the Government has not started the legislative review regarding the siting of major hazard installations.

The Committee also notes the Government’s indication in its report that a specific regulation on the prevention of major industrial accidents will be developed incorporating key provisions of the Convention. The Government states that this envisaged regulation will include provisions on the siting of major hazard installations. The Committee further notes the Government’s indication that the national OSH policy, as revised in 2019, indicates in paragraph 4.18 that major accident hazards shall be managed through an effective systems approach including proper siting of the major hazard installation following policies and procedures, as spelt out by the Government from time to time. With reference to the additional points raised in the corresponding direct request, the Committee urges the Government to strengthen its efforts to give full effect to the Convention. It requests the Government to continue providing information on any progress in this regard, including provisions on the siting of major hazard installations, and to provide a copy of the text of the above regulation once adopted. The Committee also requests the Government to continue providing information on the implementation and periodic review of the national OSH policy regarding the aspects specific to major hazard installations, in consultation with the most representative organizations of employers and workers and with other interested parties who may be affected.

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

Article 16(2) of the Convention. Inspection services and application of the Convention in practice. The Committee notes the reference of the ITUC in its observations to several fatal accidents in the mining industry registered in 2018–19, including two major accidents which killed 37 persons. The ITUC also refers to the 2018 report of the Zimbabwe Chamber of Mines, according to which 81 fatal accidents were recorded in 2018, in comparison with 32 in 2017, representing an increase of 153 per cent. Falls of ground (48 per cent), gas accidents (14.8 per cent) and shaft accidents (7.4 per cent) were the major causes of fatal accidents. The ITUC indicates that the high rate of fatal accidents results from poor design of mining sites and a lack of supervision of mining operations. It alleges that there is non-compliance with safety and hygiene rules in the mining sector aimed at protecting workers from COVID-19. The Committee further notes the observations of the ZCTU referring to the limited resources available that hamper the implementation of monitoring activities.

The Committee notes the Government’s indication that limited resources are available for monitoring, and that this results from an unfavourable economic situation. The Government also states that strategies will be put in place to ensure that the few available resources are used for effective inspection activities. The Committee notes with concern the significant increase in fatal accidents in the mining sector, and urges the Government to take the necessary measures to ensure the availability of the necessary resources for appropriate inspection services in this regard. It requests the Government to provide information on the number of inspections undertaken in mines, the number of cases of non-compliance detected and the issues to which they relate, as well as the remedial measures ordered and penalties imposed. It further requests the Government to provide detailed information on the number of occupational accidents in the mining sector, including fatal occupational accidents, disaggregated by cause and by age.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 6(1) of the Convention. Classification systems. The Committee notes the Government’s indication that, in addition to sections 72, 74(b)–(c) and 75 of the Environment Management Act (Chapter 20:27), to which it referred in its previous report and which provides for the classification and labelling of chemicals, section 3 of the Environmental Management (Hazardous Substances, Pesticides and other Toxic Substances) Regulation, SI 12 of 2007 (hereinafter “SI 12”), stipulates further labelling requirements for hazardous substances. However, the Committee once again notes that the Government did not provide any further information on the specific criteria for the classification of all chemicals and for assessing the relevance of the information required to determine whether a chemical is hazardous. The Committee therefore once again requests the Government to provide additional information on specific criteria for the classification of all chemicals and on procedures of labelling, in law and in practice. It also asks the Government to communicate a copy of SI 12.

Application of the Convention in practice. With reference to the observations of the Zimbabwe Congress of Trade Unions (ZCTU) submitted in 2009, the Committee notes the Government’s indication that the National Social Security Authority (NSSA) and the Environmental Management Agency (EMA) monitor and enforce the legislative provisions relative to the registration and labelling of chemicals and impose penalties when violations are uncovered. The Committee notes that the Government’s report indicates that in 2012, 117 cases caused by chemical stress factors were reported. The Committee requests the Government to provide information on the number of inspections conducted in this regard, the number and nature of contraventions reported, and the number and nature of penalties imposed. In relation to the 117 cases, the Committee requests further detailed information on the nature of the chemical stress factors reported, the sector in which these were detected and the measures that the Government has taken in relation thereto.

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

Article 6(1) of the Convention. Classification systems. With reference to the comments from the Zimbabwe Congress of Trade Unions (ZCTU) submitted in 2006, the Government indicates that the Environment Management Act, Chapter 20:27, sections 72, 74 and 75, and the Hazardous Substances Regulations, provide for the classification and labelling of hazardous substances, which consists of four groups and that the labelling is approved by the Environment Management Board. It also notes that, as a complement thereto, pictograms in the form of warning triangles are also applied. The Committee notes, however, that the Government did not provide any further information on the specific criteria for the classification of all chemicals and for assessing the relevance of the information required to determine whether a chemical is hazardous. In additional comments submitted in 2009, the ZCTU submits that the shortcomings of relevant national legislation is, inter alia, a lack of monitoring and enforcement and the fact that the relevant penalties for sanctions are not a deterrent. The Committee requests the Government to provide additional information on specific criteria for the classification of all chemicals and on procedures of labelling, in law and in practice. With reference to the comments submitted by the ZCTU, the Committee also requests the Government to provide further information on monitoring and enforcement of relevant national legislation, in particular as regards the registration and labelling of chemicals, including the imposition of penalties against violations.

Part V of the report form. Application in practice. The Committee refers the Government to the comment made this year regarding the application of the Occupational Safety and Health Convention, 1981 (No. 155).

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

The Committee notes the communication sent by the Zimbabwe Congress of Trade Unions (ZCTU) and received on 21 September 2009. The Committee will examine this communication along with the comments that the Government would wish to provide. Noting also that the Government’s report has not been received the Committee must repeat its previous observation, which read as follows:

Article 6, paragraph 1, of the Convention. Classification systems. With reference to its previous comments the Committee notes the observations submitted by the International Confederation of Free Trade Unions (ICFTU) on behalf of theZCTU in which concerns were raised regarding the absence of a chemicals register which should monitor the inflow of chemical substances into the country and, more generally, that the penalties for non-compliance with laws on occupational health are too low and ought to be such as to act as an effective deterrent against the violation of occupational safety and health laws. The Committee notes that, in a brief response received in 2006 to these observations, the Government indicates that the issue of a chemicals register is undertaken at enterprise level in line with the Hazardous Substances and Articles Act, 1971. The Committee notes that the legislation referred to contains provisions related to the declaration and regulation of hazardous substances and articles, but that it does not appear to prescribe systems and specific criteria for the classification of all chemicals according to the type and degree of their intrinsic health and physical hazards and for assessing the relevance of the information required to determine whether a chemical is hazardous. Against this background, and in addition to the request for information already transmitted to the Government in its comment in 2005, the Committee requests the Government to provide additional information on how effect is given to this Article of the Convention, in law and in practice.

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

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report.

2. Article 6, paragraph 1, of the Convention. Classification systems. With reference to its previous comments the Committee notes the observations submitted by the International Confederation of Free Trade Unions (ICFTU) on behalf of the Zimbabwe Congress of Trade Unions (ZCTU) in which concerns were raised regarding the absence of a chemicals register which should monitor the inflow of chemical substances into the country and, more generally, that the penalties for non-compliance with laws on occupational health are too low and ought to be such as to act as an effective deterrent against the violation of occupational safety and health laws. The Committee notes that, in a brief response received in 2006 to these observations, the Government indicates that the issue of a chemicals register is undertaken at enterprise level in line with the Hazardous Substances and Articles Act, 1971. The Committee notes that the legislation referred to contains provisions related to the declaration and regulation of hazardous substances and articles, but that it does not appear to prescribe systems and specific criteria for the classification of all chemicals according to the type and degree of their intrinsic health and physical hazards and for assessing the relevance of the information required to determine whether a chemical is hazardous. Against this background, and in addition to the request for information already transmitted to the Government in its comment in 2005, the Committee requests the Government to provide additional information on how effect is given to this Article of the Convention, in law and in practice.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided in the Government’s report, the numerous legal texts appended thereto and the replies to comments raised by the Committee. On the basis of this information, the Committee has now been able to examine the manner in which the Convention is applied in the country. In this context, the Committee notes with interest the information that the national Social Security Authority’s (NSSA) Division of Occupational Health and Safety is in the process of drafting a new Occupational Safety and Health Act and related regulations, that the Government is in the process of adopting national standards on exposure limits and that specific regulations are being developed in order to address specific concerns in the agricultural sector in line with the Safety and Health in Agriculture Convention, 2001 (No. 184). The Committee also notes the observations submitted by the International Confederation of Free Trade Unions (ICFTU) on behalf of the Zimbabwe Congress of Trade Unions (ZCTU) in which concerns are raised specifically regarding the absence of a chemicals register which should monitor the inflow of chemical substances into the country and more generally that the penalties for non-compliance with laws on occupational health are too low and ought to be such as to act as an effective deterrent against the violation of occupational safety and health laws. The Committee requests the Government to supply clarifications and supplementary information in respect of the following points:

2. Article 1, paragraph 1, of the Convention. Use of chemicals in the agricultural sector. The Committee notes the indication of the Government that specific regulations are being developed to address concerns in the agricultural sector in line with the Safety and Health in Agriculture Convention, 2001 (No. 184). Please indicate the present status of this process.

3. Article 1, paragraph 2(b). Special provision regarding trade secrets. The Committee notes the Government’s indication that there are legal provisions providing for the safeguarding of trade secrets. Please indicate the specific provisions of national legislation that permit the safeguarding of trade secrets and the measures taken to ensure that the safety and health of workers is not compromised on account of permitting trade secrets to be safeguarded.

4. Article 4. National policy on safety in the use of chemicals. The Committee notes the indication of the Government that the Zimbabwe Occupational Health and Safety Council (ZOHSC) coordinates the national programme of monitoring occupational safety and health programmes in work environments. Please clarify whether any national policy on safety in the use of chemicals has been formulated by the ZOHSC and, if so, also indicate the measures taken to implement and periodically review the policy.

5. Article 6, paragraph 2. Assessment of hazardous properties of mixtures. The Committee notes the indication of the Government that the Government Analyst Laboratory analyses and confirms the classification and labelling of chemicals. Please indicate the specific measures taken to ensure that the hazardous properties of mixtures composed of two or more chemicals are determined by assessments based on the intrinsic hazards of the component chemicals.

6. Article 6, paragraph 4. Extension of classification systems and their application. Please indicate whether and in what manner classification systems have been developed and whether their application has been progressively extended.

7. Article 7, paragraph 1. Marking of chemicals. The Committee notes that Regulation 6.3.4 of the Code of Practice on the Safe Use of Chemicals in Southern African Development Community States (SADC Code) requires suppliers to ensure that chemical containers are appropriately marked and labelled. It also takes notes of the indication of the Government that national practice requires all chemicals to be labelled. Please indicate the measures taken in practice to ensure that all chemicals are marked so as to indicate their identity.

8. Article 7, paragraph 2. Labelling of hazardous chemicals. The Committee takes notes of the indication of the Government that all hazardous chemicals need to be labelled and that efforts are being made to ensure that the labelling of hazardous chemicals is done in vernacular languages. Please indicate: (i) the measures taken to ensure that all hazardous chemicals are labelled so as to provide essential information regarding their classification, the hazards they present and the safety precautions to be observed; and (ii) the progress made in respect of efforts to ensure that the labelling of hazardous chemicals is done in vernacular languages.

9. Article 8, paragraph 1. Preparation of chemical safety data sheets. The Committee notes that Regulation 6.4 of the SADC Code requires the manufacturer to prepare a chemical safety data sheet and ensure that it is provided to the employer. Please indicate the measures taken in practice, to give effect to the requirement of Article 8, paragraph 1, of the Convention that in respect of hazardous chemicals, chemical safety data sheets contained detailed essential information regarding their identity, supplier, classification, hazards, safety precautions and emergency procedures should be provided to the employer.

10. Article 8, paragraph 3. Usage of the same chemical name. Please indicate the measures taken to give effect to the requirement that the chemical or common name used to identify a hazardous chemical on the chemical safety data sheet is the same as that used on the label.

11. Article 9, paragraph 2. Revision of labels and chemical safety data sheets. The Committee notes the general indication of the Government that there are legal provisions requiring suppliers to ensure that the prescribed responsibilities are observed. Please indicate the specific provision of national legislation that requires suppliers of hazardous chemicals to ensure that revised labels and chemical safety data sheets are prepared and provided to employers, whenever new relevant safety and health information becomes available.

12. Article 9, paragraph 3. Identification and assessment of non-classified chemicals. The Committee notes that Regulation 6.3.1 of the SADC Code requires suppliers to ensure that all chemicals are identified. Please clarify whether this would impose an obligation on suppliers of chemicals which have not yet been classified in accordance with Article 6 to identify the chemicals they supply and assess the properties of these chemicals on the basis of a search of available information in order to determine whether they are hazardous chemicals.

13. Article 10, paragraph 3. Responsibilities of employers. The Committee notes that Regulations 4.5, 4.7, 4.8 and 4.18.1 of the SADC Code impose obligations on employers in respect of the safe use of chemicals. Please clarify whether employers have the obligation to ensure that only chemicals which are classified in accordance with Article 6 or identified and assessed in accordance with Article 9, paragraph 3, and labelled or marked in accordance with Article 7 of the Convention are used.

14. Article 10, paragraph 4. Records of hazardous chemicals used at the workplace. The Committee notes that Rule 1(g) of the third schedule to the National Social Security Authority (Accident Prevention and Workers’ Compensation Scheme) Notice, 1990 and Regulation 4.4 of the SADC Code require employers to maintain a register of all chemicals used in the workplace. Please clarify whether the record required to be so maintained should be cross-referenced to the appropriate chemical safety data sheets. Also, please clarify whether this record would be accessible to all the workers concerned and their representatives.

15. Article 12, paragraph (a). Standards on exposure limits. The Committee notes that the Government is in the process of adopting national standards on exposure limits. Please indicate the progress made in this regard.

16. Article 15. Instruction and training. The Committee notes the indication of the Government that the Ministry of Health and Child Welfare’s Hazardous Substances and Articles Control Department and the National Social Security Authority’s Division of Occupational Health and Safety provide training and disseminate information on the hazards associated with exposure to chemicals. Please clarify whether employers, in practice, provide the instruction and training required to be provided under Article 15 of the Convention.

17. Article 17, paragraph 1. Duties of workers. The Committee notes that the Standards Association of Zimbabwe and the Hazardous Substances Department have drafted a code of practice that is yet to be approved. Please indicate whether the said code of practice has been approved and if so, please furnish a copy of it.

18. Part IV of the report form. Noting also that several provisions of the Convention have been given effect to by the SADC Code which is not a legally binding instrument, the Committee requests the Government to indicate in its next report whether similar provisions would be incorporated in the Occupational Safety and Health Act that is in the process of being drafted.

19. Part VI of the report form. The Committee takes note of the indication of the ZCTU that the Government refused to communicate a copy of the Government’s report despite its being the most representative worker’s organization in the country and despite its numerous requests to the Ministry of Public Service, Labour and Social Welfare. The Committee therefore requests the Government to ensure that copies of its reports are communicated to representative organizations of employers and workers. The Committee also requests the Government to communicate its observations in respect of the observations of the ZCTU.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its reports.

The Committee notes the list of legal texts provided by the Government in its reports. However, in view of the fact that it has not been possible to obtain copies of all these texts and, in particular, of the Hazardous Substances and Articles Act, 1985, the Committee requests the Government to provide such copies with its next report so that it can assess the application of the Convention by the national legislation. The Committee also requests the Government to provide copies of the Mines and Minerals Act, the Mining and Management Safety Regulations, the Public Health Act and the Fertilizers, Farm Seeds and Remedies Act.

The Committee notes the programme established by the Tripartite Forum of Zimbabwe to harmonize the legislation on occupational health and safety. It requests the Government to keep the International Labour Office informed of the progress made by this programme and any other measure that the Forum adopts with a view to the application of the Convention. Please continue to provide information on developments on the ongoing national programme for profiling industrial hazards.

The Committee also requests the Government to provide detailed information on the following points:

Article 1, paragraph 1. In its reports, the Government states that the legislation covers most workplaces. The Committee requests the Government to indicate the provisions of laws or regulations determining the branches of economic activity which are covered by the legislation giving effect to the provisions of the Convention. It also requests the Government to indicate the action that has been taken to establish provisions for work environment evaluation to be carried out on the safe use of chemicals. Please indicate the specific regulations concerning the agricultural sector referred to in the Government report, as well as any amendments to regulations adopted during the review of the existing legal provisions.

Article 5. The Committee notes that the use of certain chemicals has been restricted, particularly in the agricultural, mining and public health sectors. It requests the Government to indicate the laws or regulations empowering the Ministry of Labour through the National Social Security Authority, to take the restrictive measures referred to in this Article of the Convention.

Article 6. The Committee requests the Government to provide particulars of the measures taken to assess the hazardous properties of mixtures composed of two or more chemicals. The Committee also requests the Government to indicate the manner in which the systems and criteria established for the transport of chemicals take into account the United Nations Recommendations on the transport of dangerous goods.

Article 7. The Committee notes that the National Social Security Authority through the Division of Occupational Safety and Health are competent for the labelling and marking of all chemicals. The Committee also notes the difficulties referred to by the Government in its first report, namely that the labels are in English, a language that some workers may not understand. It also notes from the Government’s second report that all chemicals should be labelled in terms of the national practice, where in some cases, local vernacular languages have to be used on instructions and safety procedures or domestic industrial and agricultural chemicals including emergency measures. The Committee requests the Government to indicate the appropriate measures taken to ensure that hazardous chemicals are labelled in a way easily understandable to the workers in all cases concerned. Please provide a copy of the Ministry of Transport and Energy provisions that ensure that account is taken of the United Nations Recommendations on the transport of dangerous goods.

Article 9. Please indicate the provisions of laws or regulations that require suppliers to ensure the classification, identification and labelling of chemicals, as well as the preparation of chemical safety data sheets and that such data is provided to employers.

Article 10. Please indicate the provisions of laws or regulations that require employers to verify the classification and labelling of the chemicals that they use, and that they only use chemicals under the conditions required by this Article. Please provide a copy of such provisions.

Article 11. The Committee requests the Government to indicate the laws or regulations establishing the responsibility of employers in the transfer of chemicals, and to provide copies thereof.

Article 12. Please indicate the provision of laws or regulations that require employers to: ensure that workers are not exposed to chemicals to an extent which exceeds exposure limits or other exposure criteria for the evaluation and control of the working environment established by the competent authority; assess the exposure of workers to hazardous chemicals; and monitor and record the exposure of workers to chemicals and keep the records for the prescribed period. It also requests the Government to indicate the progress made in adopting national standards revising the existing exposure limits, referred to in the Government’s second report.

Article 13. The Committee will examine the provisions giving effect to this Article when the texts of some of the legislation requested above are received by the Office.

Article 14. Please indicate the provisions of laws or regulations that require that hazardous chemicals which are no longer required and containers which have been emptied, but which may contain residues of hazardous chemicals, to be handled or disposed of in a manner which eliminates or minimizes the risk to safety and health. Please provide copies of such texts if not already provided.

Article 15. The Committee notes the information provided on the activities undertaken to provide workers with information and training on the hazards associated with exposure to chemicals used at the workplace. Please indicate the legislative texts requiring the employers to fulfil these tasks.

Article 16. The Committee notes the information that national laws and approved codes of practice provide for the establishment of enterprise based bipartite organization for occupational safety and health committees. Please provide copies of these laws and approved codes of practice.

Article 17. Please provide copies of the national laws and approved codes of practice referred to in the Government report as giving effect to the requirements of this Article of the Convention.

 Article 18. The Committee requests the Government to provide copies of the measures, national laws and approved codes of practice that prescribe for the requirements of this Article, as indicated in the Government’s report.

Part IV of the report form. The Committee notes the information that the ILO multidisciplinary team SAMAT had provided technical assistance on the evaluation of the national situation regarding the legal framework and practice in the work environment. Please continue to provide information on developments in this regard.

Part V of the report form. Please continue to provide information on the practical application of the Convention, including information on inspection results, statistics on occupational accidents and diseases.