Safety and Health in Mines Convention, 1995 (No. 176) - Zambia (Ratification: 1999)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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 148 (working environment, air pollution, noise, vibration) and 176 (safety and health in mines) together.

1. Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 8 of the Convention. Exposure to hazards related to air pollution, noise and vibration. In reply to its previous comment regarding the adoption of regulations on noise and hazardous substances, the Committee notes the Government’s indication that those regulations have not yet been finalized. The Government also indicates that, in accordance with to the Environmental Management Act 2011, the Environmental Management Agency shall establish quality and pollution control standards. The Committee recalls that, in accordance with to Article 8, the competent authorities shall establish criteria for determining the hazards of exposure to air pollution and vibration and also specify exposure limits for these hazards. Noting that the adoption of the proposed regulations has been pending for many years, the Committee requests the Government to provide detailed information on the steps taken to move forward with their endorsement and the obstacles encountered in the process. The Committee also requests the Government to communicate a copy of these texts once they have been adopted.

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. In reply to its previous comment, the Committee notes the Government’s indication that a competent service to deal with matters relating to the prevention of air pollution is still being developed. The Committee requests the Government to provide detailed information on the progress made in the establishment of such competent service. It also requests the Government to indicate how employers deal in practice with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment in the absence of a dedicated service.

Application in practice. Noting once again the absence of information on this point, the Committee requests the Government to provide a comprehensive account of the manner in which the Convention is applied in practice, including the number and nature of the contraventions reported and the number and nature of work-related accidents and cases of occupational disease reported caused by exposure to air pollution, noise or vibration.

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

Article 4 of the Convention. National laws and regulations. In reply to its previous comment, the Government indicates that the Mines and Minerals Development Act of 2015 and the Mining Regulations are the primary instruments that ensure the application of the Convention. The Committee also notes the Government’s indication that the Mines and Minerals Development Act of 2015 is currently under review and that the Mining Regulations will be amended after the review of the primary Act had been concluded. The Committee requests the Government to provide information on developments relating to the adoption of the revised Mines and Minerals Development Act and Mining Regulations. The Committee also requests the Government to communicate a copy of these texts (the Act and the Regulations) once they have been revised and adopted.

Article 5(5). Plans of workings. The Committee previously noted that, pursuant to section 501(2) of the Mining Regulations, where the average number of persons employed in the mine is fewer than 100, managers may request the Chief Inspector for a total or partial exemption from the duty to ensure that mine plans are prepared and kept at the mine. The Committee notes the Government’s indication that all exemptions issuable under Mining Regulations must be consistent with the spirit of section 2102 of the Mining Regulations. This section provides that, when the circumstances at any mine are such as to render any provision of the Regulations inapplicable or unduly onerous to such mine, or whenever it is necessary for the purpose of carrying out experiments or tests as to the expediency for any regulation or proposed regulation, the Chief Inspector may grant written exemption from such conditions as he may determine. The Committee notes the Government’s indication that in practice no such situations have arisen and thus no exemptions have been granted pursuant to section 501 of the Regulations. The Committee notes once again that Article 5(5) does not provide for any exception from the duty of the employer in charge of the mine to ensure that appropriate plans of workings are kept available at the mine site. The Committee therefore requests the Government to adopt the necessary measures to give full effect to Article 5(5) in the context of the review process of the Mining Regulations. The Committee also requests the Government to continue providing information on any exemptions, full or partial, granted under section 501 of the Regulations.

Article 7(a). Communication system. The Committee notes the Government’s indication that Parts II, X, XIV and XIX of the Mining Regulations establish the requirements for mine machinery management and that in particular sections 1433-1441 of the Regulations refer to communication requirements for underground mines. The Committee notes that those sections refer to a locked-bell system which is a signalling method of communication that provides for the signal to be sent to a winding engine driver and which cannot be operated unless a special key, known as the key to the locked-bell, remains inserted in the system switch in use at the time. The Committee requests the Government to provide additional information on the operation of the system of communication in mines, and on the measures adopted to ensure that such communication system provides for conditions of safe operation.

Article 7(b). Commissioning and decommissioning of the mine. The Committee notes that, in reply to its previous comment, the Government refers to section 201 of the Mining Regulations, which provides that any mine holder shall give written notice to the Chief Inspector within three days from the commencing, recommencing, or abandoning of work. The Committee also notes the Government’s indication that workplaces are subject to commissioning or abandonment inspections to ensure that safety conditions are met. Furthermore, the Committee notes that, according to the Government, it is part of the commissioning inspectorate activities to ensure adequate risk assessments before operations are authorized. The Committee requests the Government to provide information on any law and/or regulations which require inspections and risk assessments to be conducted at the commissioning and decommissioning of a mine, as provided by Article 7(b) of the Convention.

Article 7(g). Operating plan and procedures. In the absence of information on this point, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure that employers draw up and implement an operating plan and procedures to ensure a safe system of work and the protection of workers in respect of zones susceptible to particular hazards, pursuant to Article 7(g) of the Convention.

Article 8. Emergency response plan. The Committee notes that, in reply to its previous request, the Government indicates that mines are expected to run mine rescue teams which are available day and night and that are coordinated to respond to disasters occurring in the industry regardless of mine ownership. The Committee also notes the Government’s reference to the provisions of Part XII of the Mining Regulations concerning first aid and fire fighting. The Government reports that, in practice, those seeking mining licences are required to submit the plans to ensure the safety of mineworkers to the Mines Safety Department as a prerequisite for obtaining a licence. The Committee recalls that Article 8 provides for the duty of the employer to prepare an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters. The Committee requests the Government to indicate the legal provisions and measures adopted to give effect to this provision of the Convention.

Article 10(a). Provision of training and retraining to workers. The Committee notes the Government’s reference to section 20(2)(b) of the Mines and Minerals Development Act on the requirement to conduct training programmes for the transfer of technical and managerial skills to Zambians, as well as to Part II of the Mining Regulations, which requires the employment of competent persons in mines. The Committee requests the Government to provide additional information on the training conducted in the context of section 20(2)(b) of the Mines and Minerals Development Act. In addition, the Committee requests the Government to indicate the measures adopted to ensure that comprehensible instructions and retraining programmes are provided to workers, at no cost to them, on safety and health matters, as well as on the work assigned, pursuant to Article 10(a) of the Convention.

Article 12. Two or more employers undertaking activities at the same mine. The Committee notes the Government’s indication that responsibilities related to the safety and health of employees rest with the owner of the mining licence. The Government also indicates that contractors are required to operate within the prescriptions of the owner, while the owner remains liable overall. The Committee notes the Government’s reference to section 408 of the Mining Regulations, which requires the contractor to report to the manager any case of an accident or occurrence of nature. The Committee recalls that Article 12 outlines the responsibilities of employers related to mine safety in situations where two or more employers undertake activities at the same mine. The Committee once again requests the Government to provide information on the measures adopted to ensure that, whenever two or more employers undertake activities at the same mine, the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations.

Article 13(1)(a), (b) and (e). Right to report accidents. Right to request and obtain inspections and investigations. Right to removal. The Committee notes that, in reply to its previous comment, the Government indicates that sections 402, 404 and Part XVI (on accidents) of the Mining Regulations implement section 38(2)(i) of the Occupational Safety and Health Act. The Committee notes that section 402 of the Mining Regulations provides for the right of the worker to report accidents, dangerous occurrences and hazards to the employer and to the competent authority. However, the Committee notes that the provisions referred to above do not establish procedures in respect of the right of the workers to request and obtain inspections and investigations (Article 13(1)(b)) and for the right to removal in case of danger (Article 13(1)(e)). The Committee requests the Government to provide information on the procedures established by national laws and regulations to give effect to these provisions of the Convention.

Article 13(2)(c). Advisers and independent experts. The Committee notes that, in reply to its previous comment, the Government confirms that health and safety representatives may engage advisors and independent experts when there is an issue in relation to the safety of employees at the workplace. The Committee takes note of this information, which addresses its previous request.

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

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Article 8 of the Convention. Exposure to hazards related to air pollution, noise and vibration. Further to its previous comment, the Committee notes the Government’s indication that the proposed noise regulations, which establish exposure limit values, have not yet been enacted. It also takes note of Schedule 1 of these proposed regulations, provided in the Government’s report, which sets out maximum acceptable sound pressure levels. Furthermore, the Committee notes that the Government indicates again that it has developed draft regulations on hazardous substances, in consultation with the social partners, which determine exposure limit values on the basis of common international practice. These values will be submitted to the competent minister for validation. The Committee firmly hopes that the Government will soon be in a position to report progress in the adoption of the proposed regulations on noise and hazardous substances and it requests the Government to communicate a copy of these texts once they have been adopted. The Committee also requests the Government to indicate the measures taken to establish criteria for determining the hazards of exposure to air pollution and vibration and to specify exposure limits for these hazards.

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. In reply to the Committee’s previous comment, the Government indicates that employers are required to use a competent service for the prevention and control of air pollution, noise and vibration in case of emergency or where needed, for example where levels of exposure in the undertaking need to be monitored. The Committee requests the Government to indicate the manner in which it ensures that employers comply with their obligation to use a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2018.

Article 4 of the Convention. National laws and regulations. With reference to its previous comments, the Committee notes the adoption of the Mines and Minerals Development Act, 2015, and the Government’s indication that the Mining Regulations, 1971, which were revised in 2013 with the assistance of the ILO, are still in the process of being reviewed. The Committee requests the Government to provide information on the developments relating to the adoption of the revised Mining Regulations.

Article 5(5). Plans of working. The Committee notes that, pursuant to section 501 of the Mining Regulations (Statutory Instrument No. 107 of 1971) managers have the duty to ensure that mine plans are prepared and kept at the mine. However, the Committee notes that the manager may request to the Chief Inspector an exemption or partial exemption from the discharge of this duty, where the average number of persons employed is less than 100. Recalling that the Convention requires that the employer in charge of the mine ensures the preparation of appropriate plans of workings, regardless of the number of workers at the mine, the Committee requests that the Government provide information on any exemption or partial exemption granted under section 501 of the Regulations.

Article 7(a). Communication system. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that employers provide the mine with electrical, mechanical and other equipment, including a communication system, pursuant to Article 7(a) of the Convention.

Article 7(b). Commission and decommissioning of the mine. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the mine is commissioned and decommissioned in such a way that workers can perform the work assigned to them without endangering their safety and health or that of other persons.

Article 7(g). Operating plan and procedures. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that employers draw up and implement an operating plan and procedures to ensure a safe system of work and the protection of workers in respect of zones susceptible to particular hazards, pursuant to Article 7(g) of the Convention.

Article 8. Emergency response plan. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that employers prepare an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters, pursuant to Article 8 of the Convention.

Article 10(a). Provision of training and retraining to workers. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that adequate training and retraining programmes and comprehensible instructions are provided for workers, at no cost to them, on safety and health matters as well as on the work assigned, pursuant to Article 10(a) of the Convention.

Article 12. Two or more employers undertaking activities at the same mine. With reference to its comment on the application of Article 17 of Convention No. 155, the Committee notes that the Government does not indicate the manner in which the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations.  The Committee requests the Government to provide further information on the manner in which effect is given to the requirement of Article 12 of the Convention, according to which the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations.

Article 13(1)(a), (b) and (e). Right to report accidents. Right to request and obtain inspections and investigations. Right to removal. The Committee notes that, pursuant to section 17(2) of the OSH Act, 2010, workers have an obligation to report dangerous situations. In this respect, pursuant to section 38(2)(i), the Minister may enact regulations that provide for the reporting of accidents occurring at workplaces. However, the Committee notes that these regulations have not been issued. Moreover, the Committee notes that the Government does not indicate the provisions in the national legislation that grant to the workers the rights established in Article 13(1)(b) and (e) of the Convention. The Committee requests the Government to provide information on the procedures established by national laws and regulations for the workers to exercise their right: (a) to report accidents to the employer and to the competent authority (Article 13(1)(a)); (b) to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the employer and the competent authority (Article 13(1)(b)); and (c) to remove themselves from any location at the mine when circumstances arise which appear, with reasonable justification, to pose a serious danger to their safety or health (Article 13(1)(e)).

Article 13(2)(c). Advisers and independent experts. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the safety and health representatives have the right to have recourse to advisers and independent experts, pursuant to Article 13(2)(c) of the Convention.

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

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Article 8 of the Convention. Exposure to hazards related to air pollution, noise and vibration. Further to its previous comment, the Committee notes the Government’s indication that the proposed noise regulations, which establish exposure limit values, have not yet been enacted. It also takes note of Schedule 1 of these proposed regulations, provided in the Government’s report, which sets out maximum acceptable sound pressure levels. Furthermore, the Committee notes that the Government indicates again that it has developed draft regulations on hazardous substances, in consultation with the social partners, which determine exposure limit values on the basis of common international practice. These values will be submitted to the competent minister for validation. The Committee firmly hopes that the Government will soon be in a position to report progress in the adoption of the proposed regulations on noise and hazardous substances and it requests the Government to communicate a copy of these texts once they have been adopted. The Committee also requests the Government to indicate the measures taken to establish criteria for determining the hazards of exposure to air pollution and vibration and to specify exposure limits for these hazards.

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. In reply to the Committee’s previous comment, the Government indicates that employers are required to use a competent service for the prevention and control of air pollution, noise and vibration in case of emergency or where needed, for example where levels of exposure in the undertaking need to be monitored. The Committee requests the Government to indicate the manner in which it ensures that employers comply with their obligation to use a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2018.

Article 4 of the Convention. National laws and regulations. With reference to its previous comments, the Committee notes the adoption of the Mines and Minerals Development Act, 2015, and the Government’s indication that the Mining Regulations, 1971, which were revised in 2013 with the assistance of the ILO, are still in the process of being reviewed. The Committee requests the Government to provide information on the developments relating to the adoption of the revised Mining Regulations.

Article 5(5). Plans of working. The Committee notes that, pursuant to section 501 of the Mining Regulations (Statutory Instrument No. 107 of 1971) managers have the duty to ensure that mine plans are prepared and kept at the mine. However, the Committee notes that the manager may request to the Chief Inspector an exemption or partial exemption from the discharge of this duty, where the average number of persons employed is less than 100. Recalling that the Convention requires that the employer in charge of the mine ensures the preparation of appropriate plans of workings, regardless of the number of workers at the mine, the Committee requests that the Government provide information on any exemption or partial exemption granted under section 501 of the Regulations.

Article 7(a). Communication system. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that employers provide the mine with electrical, mechanical and other equipment, including a communication system, pursuant to Article 7(a) of the Convention.

Article 7(b). Commission and decommissioning of the mine. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the mine is commissioned and decommissioned in such a way that workers can perform the work assigned to them without endangering their safety and health or that of other persons.

Article 7(g). Operating plan and procedures. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that employers draw up and implement an operating plan and procedures to ensure a safe system of work and the protection of workers in respect of zones susceptible to particular hazards, pursuant to Article 7(g) of the Convention.

Article 8. Emergency response plan. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that employers prepare an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters, pursuant to Article 8 of the Convention.

Article 10(a). Provision of training and retraining to workers. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that adequate training and retraining programmes and comprehensible instructions are provided for workers, at no cost to them, on safety and health matters as well as on the work assigned, pursuant to Article 10(a) of the Convention.

Article 12. Two or more employers undertaking activities at the same mine. With reference to its comment on the application of Article 17 of Convention No. 155, the Committee notes that the Government does not indicate the manner in which the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations.  The Committee requests the Government to provide further information on the manner in which effect is given to the requirement of Article 12 of the Convention, according to which the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations.

Article 13(1)(a), (b) and (e). Right to report accidents. Right to request and obtain inspections and investigations. Right to removal. The Committee notes that, pursuant to section 17(2) of the OSH Act, 2010, workers have an obligation to report dangerous situations. In this respect, pursuant to section 38(2)(i), the Minister may enact regulations that provide for the reporting of accidents occurring at workplaces. However, the Committee notes that these regulations have not been issued. Moreover, the Committee notes that the Government does not indicate the provisions in the national legislation that grant to the workers the rights established in Article 13(1)(b) and (e) of the Convention. The Committee requests the Government to provide information on the procedures established by national laws and regulations for the workers to exercise their right: (a) to report accidents to the employer and to the competent authority (Article 13(1)(a)); (b) to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the employer and the competent authority (Article 13(1)(b)); and (c) to remove themselves from any location at the mine when circumstances arise which appear, with reasonable justification, to pose a serious danger to their safety or health (Article 13(1)(e)).

Article 13(2)(c). Advisers and independent experts. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the safety and health representatives have the right to have recourse to advisers and independent experts, pursuant to Article 13(2)(c) of the Convention.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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), 176 (OSH in mines) and 187 (promotional framework for OSH) together.

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

I. Action at the national level

National policy

Article 4 of Convention No. 155 and Article 3 of Convention No. 187. National policy. The Committee notes that the national policy on OSH has been in the process of formulation since 2013 and that the Office provided technical assistance in this respect. The Government indicates that, prior to the adoption, the draft policy will be discussed at a tripartite workshop. The Committee requests the Government to pursue its efforts towards the formulation and adoption of a coherent national policy on OSH, in consultation with the most representative organizations of employers and workers. It requests the Government to provide a copy of the policy, once adopted, and to provide information on the subsequent measures taken to ensure its periodic review, at regular intervals, once the policy is adopted.

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. The Committee notes that Part 5 of the draft national OSH policy (submitted to the Office in 2014) establishes mechanisms for national coordination on OSH matters. In this context, the establishment of a national authority responsible for all OSH issues is foreseen and reference is made to the establishment of effective communication and systematic collaboration mechanisms. However, the Committee notes the indication of the Government that the national authority has not been established yet. The Committee requests the Government to provide further information on the arrangements made, after consultation at the earliest possible stage with the most representative organizations of employers and workers, to ensure the necessary coordination between various authorities and bodies, with a view to ensure the coherence of the national policy on OSH.

Articles 6 and 10 of Convention No. 155. Functions and responsibilities of public authorities. Guidance to employers and workers. Application in practice. The Committee notes that sections 4–10 of the OSH Act, 2010, establish the OSH Institute, the functions of which include, among other things, the development of programmes to provide incentives for employers to implement OSH measures (section 6). However, the Committee notes that the Report of the Auditor General on the Management of OSH published in 2015 (hereinafter, Report of the Auditor General) indicates that the OSH Institute is not yet operational. The Committee requests the Government to provide information on the functioning of the OSH Institute and on other measures taken to provide guidance to workers and employers.

National system

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. The Committee notes the Government’s indication that the Factories Act, 1966, is being reviewed to ensure conformity with the Convention. In addition, the Committee notes the indication contained in the Report of the Auditor General that the OSH Act had not been implemented and it lacked the regulations to make it operational. The Committee requests the Government to continue to provide information on the review of the Factories Act, and to provide a copy of any legislation adopted in this respect. In addition, the Committee requests the Government to provide information on the measures taken to implement the OSH Act and on the development and adoption of regulations to make the OSH Act operational.

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 the detailed comments that it has adopted in 2016 concerning the referenced Conventions, particularly as regards the reform of the labour legislation and the application of the following Articles: Articles 2(1), 3(1)(a) and (b), 13, 16, 17 and 18 of Convention No. 81 (labour inspection in the mining sector); Articles 3(1)(b) and 13 of Convention No. 81 and Article 6(1)(b) and 18 of Convention No. 129 (preventive activities of occupational safety and health inspectors); Article 5(a) and (b) of Convention No. 81 and Articles 12(1) and 13 of Convention No. 129 (cooperation with other private and public authorities exercising similar duties, collaboration with workers’ and employers’ organizations); Article 7 of Convention No. 81 and Article 9 of Convention No. 129 (recruitment and training of labour inspectors); Article 9 of Convention No. 81 and Article 11 of Convention No. 129 (association of duly qualified technical experts and specialists in the area of occupational safety and health); Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129 (human resources of the labour inspectorate, financial and material means); Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129 (free access of labour inspectors to workplaces liable to inspection at any hour of the day or night without prior notice to carry out investigations); Article 14 of Convention No. 81 and Article 19 of Convention No. 129 (notification of industrial accidents and cases of occupational disease to the labour inspectorate); Article 15 of Convention No. 81 and Article 20 of Convention No. 129 (obligations of labour inspectors); as well as Articles 19, 20 and 21, in conjunction with Article 5(a) of Convention No. 81 and Articles 25, 26 and 27, in conjunction with Article 12 of Convention No. 129 (publication and communication to the ILO of annual labour inspection reports).

Article 11(a) of Convention No. 155. Design, construction and layout of undertakings; commencement and alteration of operations; technical equipment and procedures. The Committee notes the Government’s indication that the functions listed in Article 11 of the Convention are progressively carried out. The Committee also notes that, pursuant to section 38(c) of the OSH Act, 2010, the Minister may, by statutory instrument, enact OSH regulations on the conditions for the design, construction and use of a plant (defined as including any machinery, equipment or appliances, tools and anything which is used in connection with a plant or premises). The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the functions listed in Article 11(a) of the Convention are progressively carried out, including through the enactment of regulations pursuant to section 38(c) of the OSH Act, 2010.

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 refers to its comments below on Convention No. 136 concerning the Factories (Benzene) Regulations (Statutory Instrument No. 179 of 1978). It also recalls that it previously noted, in its examination of the application of the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), the Government’s indication that it had developed draft regulations on noise establishing exposure limit values and regulations on hazardous substances. With reference to its comments below on Convention No. 176, the Committee notes that the Report of the Auditor General indicates that the Mining Regulations do not provide for the exposure limits of miners to silica. The Committee requests the Government to provide further information to ensure that the functions listed in Article 11(b) and (f) of the Convention are progressively carried out, including with respect to the mining sector. It requests the Government to provide a copy of any regulations adopted in that respect.

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. The Committee notes that sections 76–79 of the Factories Act establish procedures for the notification and investigation of accidents, dangerous occurrences and industrial diseases. In this respect, the Report of the Auditor General emphasizes the existence of some degree of overlap in the notification of occupational accidents, dangerous occurrences and incidents among the Mine Safety Department, the OSH Service Department and the Worker’s Compensation Fund and Control Board, as well as a general fragmentation of information and statistics on OSH. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the effective functioning of procedures for the notification of occupational accidents and diseases by employers and, when appropriate, insurance institutions and others directly concerned, and the production of annual statistics on occupational accidents and diseases, as well as on the mechanism for the collection and analysis of data on occupational injuries and diseases, in conformity with Article 11(c) of Convention No. 155 and Article 4(3)(f) and (g) of Convention No. 187.

Article 11(e) of Convention No. 155. Annual publication of information on measures taken in pursuance of the national policy on OSH. The Committee welcomes the Report of the Auditor General published in 2015 which assesses the effectiveness of the Government’s effort to enhance OSH in Zambia. However, the Committee notes that no similar reports have been published since 2015. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the publication, annually, of information on measures taken in pursuance of the national policy on OSH, in conformity with Article 11(e) of the Convention.

Article 4(3)(a) of Convention No. 187. National tripartite advisory body. The Committee notes the Government’s indication that advisory functions are currently carried out at the national level by a tripartite consultative Labour Council, while other institutions, such as the Ministry of Labour and Social Security (MLSS), the Ministry of Health and the Ministry of Mines, Minerals and Water Development, provide advisory services on OSH. However, the Government indicates that there is a need to establish a specific advisory body on OSH. The Committee requests the Government to provide further information on the progress made in this respect.

Article 4(3)(h) of Convention No. 187. Support mechanisms for micro-enterprises, small and medium-sized enterprises and the informal economy. The Committee requests the Government to provide information on any support mechanisms established for a progressive improvement of OSH conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy.

National programme

Article 5 of Convention No. 187. National programme. The Committee notes the Government’s indication that tripartite consultations were undertaken to elaborate a national programme to assist achieving progressively a safe and healthy working environment. The Committee requests the Government to provide further information on the measures taken to formulate, implement, monitor, evaluate and periodically review a national programme on OSH in consultation with the most representative organizations of employers and workers.

National preventative safety and health culture and consideration given to principles set out in relevant ILO instruments

Article 2(3) of Convention No. 187. Measures to ratify relevant OSH Conventions. The Committee notes the Government’s indication that it is considering the ratification of the Safety and Health in Construction Convention, 1988 (No. 167). To this end, the legislation on safety and health in the construction sector is being reviewed to bring it into conformity with the Convention. The Committee requests the Government to continue to provide information on the measures taken to consider ratification of relevant OSH Conventions, in consultation with the most representative organizations of employers and workers.

II. 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. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 13 of Convention No. 155, on ensuring that workers who remove themselves from work situations which they have reasonable justification to believe present an imminent and serious danger to their life or health are protected from undue consequence.

Article 17 of Convention No. 155. Collaboration between two or more undertakings. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 17 of Convention No. 155, on the duty to collaborate in applying OSH requirements of two or more undertakings that engage in activities simultaneously at one workplace.

Article 19(f) of Convention No. 155. Return to a work situation where there is continuing imminent and serious danger. The Committee notes that, pursuant to section 17(2) of the OSH Act, 2010, workers have the duty to inform the employer or committee or health representative of a dangerous situation for their health and safety. The Government indicates that it is the duty of the supervisor to take the necessary action. However, the Government does not indicate if the employer is prohibited to require workers to return to a work situation where there is continuing imminent and serious danger to life or health, until remedial action has been taken, in accordance with the second part of Article 19(f) of the Convention. The Committee requests the Government to provide information on the measures taken to give effect to the second part of Article 19(f) of Convention No. 155.

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. With reference to its previous comments on the prohibition of the use of benzene in certain work processes, the Committee notes the Government’s indication that the Factories (Benzene) Regulations (Statutory Instrument No. 179 of 1978) give effect to the requirements of the Convention in prohibiting the use of benzene in processes when harmless or less harmful substitute products are available (section 3). The Committee also notes that, although there is no provision prohibiting the use of benzene and of products containing benzene as a solvent or diluent, the Regulations establish that: (a) work processes involving the use of benzene or products containing benzene shall be carried out in an enclosed system (section 7.1); and (b) where it is not practicable for the work processes to be carried out in an enclosed system, efficient means shall be provided to ensure the removal of benzene vapour (section 7.2). The Committee requests the Government to provide further information on 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.

Article 6(2) and (3). Measurement of the concentration of benzene in the air of places of employment. The Committee notes the Government’s indication that the OSH Services Department of the MLSS does not have the equipment to carry out measurements of the concentration of benzene in the air and that for this reason no directive on carrying out measurements have been issued so far. The Committee recalls that Article 6 of the Convention requires that employers ensure that the concentration of benzene in the air in the workplace does not exceed a maximum and that the competent authority shall issue directions for the employers to carry out this measurement. The Committee 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.

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

The Committee notes the information provided by the Government in reply to its previous comments concerning the application of Article 5(2)(f) (rights of workers and their representatives to be consulted on matters and to participate in measures relating to safety and health at the workplace); Article 10(a) (adequate training); Article 7(a) (design, construction and provision of equipment); Article 7(g) (particular hazards); Article 8 (emergency response plans); Article 9(a) (provision of information to workers); Article 13(1)(c), (d) and (f), (2) and (4) (certain rights of workers and their representatives); and Article 15 (cooperation between employers and workers).

Article 4 of the Convention. National laws and regulations. With reference to its previous comments, the Committee notes the adoption of the Mines and Minerals Development Act, 2015, and the Government’s indication that the Mining Regulations, 1971, which were revised in 2013 with the assistance of the ILO, are still in the process of being reviewed. The Committee requests the Government to provide information on the developments relating to the adoption of the revised Mining Regulations.

Article 5(2)(d). Compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences. The Committee refers to its comment above on the application of Article 11(c) of Convention No. 155.

Article 5(5). Plans of working. The Committee notes that, pursuant to section 501 of the Mining Regulations (Statutory Instrument No. 107 of 1971) managers have the duty to ensure that mine plans are prepared and kept at the mine. However, the Committee notes that the manager may request to the Chief Inspector an exemption or partial exemption from the discharge of this duty, where the average number of persons employed is less than 100. Recalling that the Convention requires that the employer in charge of the mine ensures the preparation of appropriate plans of workings, regardless of the number of workers at the mine, the Committee requests that the Government provide information on any exemption or partial exemption granted under section 501 of the Regulations.

Article 7(a). Communication system. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that employers provide the mine with electrical, mechanical and other equipment, including a communication system, pursuant to Article 7(a) of the Convention.

Article 7(b). Commission and decommissioning of the mine. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the mine is commissioned and decommissioned in such a way that workers can perform the work assigned to them without endangering their safety and health or that of other persons.

Article 7(g). Operating plan and procedures. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that employers draw up and implement an operating plan and procedures to ensure a safe system of work and the protection of workers in respect of zones susceptible to particular hazards, pursuant to Article 7(g) of the Convention.

Article 8. Emergency response plan. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that employers prepare an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters, pursuant to Article 8 of the Convention.

Article 10(a). Provision of training and retraining to workers. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that adequate training and retraining programmes and comprehensible instructions are provided for workers, at no cost to them, on safety and health matters as well as on the work assigned, pursuant to Article 10(a) of the Convention.

Article 12. Two or more employers undertaking activities at the same mine. With reference to its comment above on the application of Article 17 of Convention No. 155, the Committee notes that the Government does not indicate the manner in which the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations. The Committee requests the Government to provide further information on the manner in which effect is given to the requirement of Article 12 of the Convention, according to which the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations.

Article 13(1)(a), (b) and (e). Right to report accidents. Right to request and obtain inspections and investigations. Right to removal. The Committee notes that, pursuant to section 17(2) of the OSH Act, 2010, workers have an obligation to report dangerous situations. In this respect, pursuant to section 38(2)(i), the Minister may enact regulations that provide for the reporting of accidents occurring at workplaces. However, the Committee notes that these regulations have not been issued. Moreover, the Committee notes that the Government does not indicate the provisions in the national legislation that grant to the workers the rights established in Article 13(1)(b) and (e) of the Convention. The Committee requests the Government to provide information on the procedures established by national laws and regulations for the workers to exercise their right: (a) to report accidents to the employer and to the competent authority (Article 13(1)(a)); (b) to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the employer and the competent authority (Article 13(1)(b)); and (c) to remove themselves from any location at the mine when circumstances arise which appear, with reasonable justification, to pose a serious danger to their safety or health (Article 13(1)(e)).

Article 13(2)(c). Advisers and independent experts. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the safety and health representatives have the right to have recourse to advisers and independent experts, pursuant to Article 13(2)(c) of the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government in reply to its previous comment concerning Article 2(2) of the Convention, on the scope of application of the Convention.

Legislation. The Committee notes the Government’s indication in its report that the 2014 Act to amend the Mines and Minerals Development Act of 2008 is currently before Parliament and that the Mining Regulations, which were reviewed in 2013 with the assistance of the ILO and which will namely give effect to Article 6 of the Convention, will be adopted by way of a statutory instrument once the Act is adopted. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention, and to submit copies of the amended Mines and Minerals Development Act and Mining Regulations once they are adopted.

Article 3 of the Convention. Development of a national policy. The Committee notes the Government’s indication that a national policy on mining, which includes safety and health in mines, was developed by the Ministry of Mines with the involvement of mineworkers. It also notes that the listed organizations of employers and workers, including the Chamber of Mines and the National Union of Miners and Allied Workers, were consulted through invitations to stakeholder meetings and to provide written comments. The Committee requests the Government to provide a copy of the national policy on mines. It also requests the Government to provide further information on the consultations held with the most representative organizations of employers and workers in this regard, namely on the outcome of these consultations.

Article 5(2)(d) and (f), and (5). Regulation and monitoring of various aspects of safety and health in mines. The Committee notes the Government’s indication that all of the provisions of Article 5 of the Convention are covered. However, it notes that no further information is provided and that it is therefore unable to assess the effect given to these provisions of Article 5. The Committee requests the Government to provide detailed information on the effect given, in law and in practice, to Article 5(2)(d) and (f), and (5) of the Convention.

Article 7(a), (b) and (g). Responsibilities of employers. Article 8. Emergency response plans. Article 9(a). Provision of information to workers. Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. The Committee notes that the Government provides succinct information regarding the application of these provisions of the Convention. The Government namely refers to the Mines and Minerals Development Act of 2008 and parts IV and VII of the Mining Regulations of 1971, amended in 1973. As regards Article 7, the Committee notes that no information is provided on the specific provisions which give effect to paragraphs (a), (b) and (g). As regards Article 8, the Committee notes that the sections referred to by the Government do not appear to provide for the preparation of an emergency response plan. With reference to Article 9, the Committee notes that no indication is provided with regard to the sections which require the employer to inform the workers of the hazards associated with their work. Finally, the Committee notes that no information is provided on the responsibility for ensuring the health and safety of workers whenever two or more employers undertake activities at the same mine, as provided for in Article 12. The Committee requests the Government to provide a copy of the amended Mining Regulations of 1971 with its next report. It also requests the Government to provide further information on the effect given to the specific requirements of Articles 7(a), (b) and (g), 8, 9(a) and 12 of the Convention, and to indicate the specific legislative and regulatory provisions which give effect to these Articles.

Article 10(a). Provision of training and retraining to workers. The Committee notes that the Government’s report is silent with regard to the measures taken to ensure that employers provide adequate training and retraining programmes and comprehensible instructions to workers, at no cost to them. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to this provision of the Convention.

Article 16. Inspection services. Application in practice. The Committee notes the information provided by the Government on the number of reported accidents and fatalities in mines for the 2009–13 period, disaggregated by mine, and notes in particular that the number of accidents and fatalities have been steadily decreasing, from 194 accidents and 17 fatalities in 2009 to 58 accidents and three fatalities in 2013. The Committee also notes the Government’s indication that the Mines Safety Department does not follow the requirement of Article 16 of the Convention with regard to the imposition of appropriate penalties. It notes in particular that the fines charged vary according to the regulatory instrument under which the breach is committed, and that the fines imposed under the Mining Regulations and Explosives Regulations amount to ZMW135 (approximately US$12) per breach. In this regard, the Government indicates that the fines imposed under the revised Mining Regulations will be more important. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including information on the number and nature of contraventions and the measures taken to address them. It also requests the Government to provide the statistics compiled on accidents, occupational diseases and dangerous occurrences, in accordance with Article 5(2)(d) of the Convention and on the number of workers covered by the legislation.

[The Government is asked to reply in detail to the present comments in 2016.]

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 13 of the Convention. Rights of workers and their safety and health representatives. The Committee notes the Government’s indication that legislative effect is given to some of the provisions of this Article, but that other provisions are not implemented due to the absence of legislation. It also notes the indication that with regard to paragraph 2(b)(i), worker representatives can only participate in inspections and investigations which follow the occurrence of accidents or dangerous occurrences, and, contrary to paragraph 2(b)(ii), worker representatives do not have the right to monitor and investigate safety and health matters. In this regard, the Committee wishes to remind the Government that, under the terms of Article 13 of the Convention, national laws and regulations must grant the rights referred to in paragraphs 1 and 2 to workers and the safety and health representatives they collectively select and, pursuant to paragraph 4 of Article 13, must ensure that these rights can be exercised without discrimination or retaliation. The Committee urges the Government to take the necessary measures, in law and in practice, to ensure that effect is given to all of the provisions of Article 13 of the Convention. In the meantime, the Government is requested to ensure the application in practice of this Article and to provide detailed information on the measures taken in this regard.

Article 15. Cooperation between employers and workers. The Committee notes the Government’s indication that no legislation on mines gives effect to this provision of the Convention. The Committee requests the Government to take the necessary measures, in accordance with national laws or regulations, to encourage cooperation between employers and workers and their representatives to promote safety and health in mines.

Furthermore, concerning the issues raised by the International Trade Union Confederation (ITUC) in its 1 September 2014 observations, the Committee notes with regret that the Government does not provide a reply and it is therefore bound to reiterate part of its previous comment, which reads as follows:

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2014, in which the ITUC indicates that Chinese-operated copper mining companies continuously violate health and safety regulations designed to protect workers. More specifically, workers are often exposed to poor working conditions and are not provided with adequate protective equipment, often leading to the development of serious occupational diseases and the occurrence of grave accidents in mines. It also alleges the violation of the rights of workers enumerated in Article 13 of the Convention, including the right to report accidents, dangerous occurrences and hazards to the employer and to the competent authority and the right to remove themselves in cases where their lives or health is threatened, in addition to the fact that workers who refuse to work in unsafe places are threatened with the termination or transfer of their employment if they exercise these rights. The ITUC also indicates that the efforts put forward by the Government to improve safety standards in mines are extremely limited and insufficient, with almost no inspections being conducted by the Mines and Safety Department and that governmental statistics on mining accidents are unrepresentative since companies deliberately under report accidents and other dangerous occurrences in order to avoid fines. The Committee requests the Government to provide its comments on the issues raised by the ITUC.

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

[The Government is asked to reply in detail to the present comments in 2016.]

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2014, in which ITUC indicates that Chinese-operated copper mining companies continuously violate health and safety regulations designed to protect workers. More specifically, workers are often exposed to poor working conditions and are not provided with adequate protective equipment, often leading to the development of serious occupational diseases and the occurrence of grave accidents in mines. It also alleges the violation of the rights of workers enumerated in Article 13 of the Convention, including the right to report accidents, dangerous occurrences and hazards to the employer and to the competent authority and the right to remove themselves in cases where their lives or health is threatened, in addition to the fact that workers who refuse to work in unsafe places are threatened with the termination or transfer of their employment if they exercise these rights. The ITUC also indicates that the efforts put forward by the Government to improve safety standards in mines are extremely limited and insufficient, with almost no inspections being conducted by the Mines and Safety Department and that governmental statistics on mining accidents are unrepresentative since companies deliberately under report accidents and other dangerous occurrences in order to avoid fines. The Committee requests the Government to provide its comments on the issues raised by ITUC.

The Committee also notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous direct request.

Article 3 of the Convention. Development of a national policy and new mining regulations. Technical assistance provided and follow-up thereto. The Committee notes that the Government is in the process of developing a national policy on occupational safety and health (OSH) including provisions ensuring that the requirements of this Convention are provided for. The Committee has been informed that a workshop on this matter has been facilitated by the ILO in Zambia in 2013. The Committee hopes that these developments will enable the Government to further improve its application of the Convention, and requests the Government to keep the Office informed of the progress in the ongoing efforts and to send copies of the national policy once adopted.

Article 2(2). Scope. Article 5(2)(d). Compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences. Article 5(2)(f). The right of workers and their representatives to be consulted. Article 5(5). Plans of working. Article 6. Preventive and protective measures. Article 7(a), (b) and (g). Responsibilities of employers. Article 8. Emergency response plans. Articles 9(a) and 10(a). Information and training. Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. Article 13(1)–(4). Rights of workers and their safety and health representatives. Article 15. Cooperation between employers and workers. The Committee notes the information that as a result of assistance provided by the ILO in 2011 regarding risk management and management for the inspectors in the mines, in compliance with the requirements in the Convention regarding the application of risk assessment methods, and that government inspectors who were trained are now better equipped to be able to assess the risks before major jobs are carried out in the mining industry and to understand the risk assessment reports provided by employers in the mining industry. In the same context, several mine workers and union representatives were trained, enabling them effectively to understand and avoid accidents or to mitigate their effects. The Committee also notes the ongoing efforts to revise the mining regulations in a tripartite consultation process and the technical assistance provided by the ILO in 2013 to support this process. The Committee notes the affirmation by the Government that full effect will be given to the referenced provisions of the Convention in the revised mining regulations that are being prepared. The Committee expresses the firm hope that the ongoing efforts to finalize and adopt the revised mining regulations will soon be brought to a successful conclusion and that full effect will thereby be given to these provisions of the Convention. The Committee requests the Government to keep the Office informed of the progress in the ongoing efforts and to report on all measures taken or envisaged, in law and in practice, to give full effect to these Articles of the Convention. It also asks the Government to transmit a copy of the new legislation once it has been adopted.

Part V of the report form. Application in practice. The Committee notes the statistical information provided concerning infringements noted and fines imposed during the period 2008–12 which indicates a downward trend from 529 cases in 2008 to 437 cases in 2012, while the fines meted out appear more irregular and vary between 54,245,000 kwachas (ZMK) in 2011 and ZMK162,390,000 in 2010. The measures used to address this include routine inspections, annual environmental audits, the provision of technical advice and guidance on OSH matters, periodical medical check-ups, statutory environmental monitoring, drills on emergency preparedness, monitoring the waste disposal systems of all mining operations in accordance with relevant legislation. The Committee also notes the information that the number of workers engaged in the mining industry has varied with peaks in 2008 of 65,311 and in 2012 of 72,702 persons. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including: statistics pertaining to the abovementioned infringements; information on all measures taken in practice to address such infringements; and information on the number of workers covered by the measures giving effect to the Convention. It also asks the Government to supply relevant excerpts from inspection reports.

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

Article 3 of the Convention. Development of a national policy and new mining regulations. Technical assistance provided and follow-up thereto. The Committee notes that the Government is in the process of developing a national policy on occupational safety and health (OSH) including provisions ensuring that the requirements of this Convention are provided for. The Committee has been informed that a workshop on this matter has been facilitated by the ILO in Zambia in 2013. The Committee hopes that these developments will enable the Government to further improve its application of the Convention, and requests the Government to keep the Office informed of the progress in the ongoing efforts and to send copies of the national policy once adopted.

Article 2(2). Scope. Article 5(2)(d). Compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences. Article 5(2)(f). The right of workers and their representatives to be consulted. Article 5(5). Plans of working. Article 6. Preventive and protective measures. Article 7(a), (b) and (g). Responsibilities of employers. Article 8. Emergency response plans. Articles 9(a) and 10(a). Information and training. Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. Article 13(1)–(4). Rights of workers and their safety and health representatives. Article 15. Cooperation between employers and workers. The Committee notes the information that as a result of assistance provided by the ILO in 2011 regarding risk management and management for the inspectors in the mines, in compliance with the requirements in the Convention regarding the application of risk assessment methods, and that government inspectors who were trained are now better equipped to be able to assess the risks before major jobs are carried out in the mining industry and to understand the risk assessment reports provided by employers in the mining industry. In the same context, several mine workers and union representatives were trained, enabling them effectively to understand and avoid accidents or to mitigate their effects. The Committee also notes the ongoing efforts to revise the mining regulations in a tripartite consultation process and the technical assistance provided by the ILO in 2013 to support this process. The Committee notes the affirmation by the Government that full effect will be given to the referenced provisions of the Convention in the revised mining regulations that are being prepared. The Committee expresses the firm hope that the ongoing efforts to finalize and adopt the revised mining regulations will soon be brought to a successful conclusion and that full effect will thereby be given to these provisions of the Convention. The Committee requests the Government to keep the Office informed of the progress in the ongoing efforts and to report on all measures taken or envisaged, in law and in practice, to give full effect to these Articles of the Convention. It also asks the Government to transmit copy of the new legislation once it has been adopted.

Part V of the report form. Application in practice. The Committee notes the statistical information provided concerning infringements noted and fines imposed during the period 2008–12 which indicates a downward trend from 529 cases in 2008 to 437 cases in 2012, while the fines meted out appear more irregular and vary between 54,245,000 kwachas (ZMK) in 2011 and ZMK162,390,000 in 2010. The measures used to address this include routine inspections, annual environmental audits, the provision of technical advice and guidance on OSH matters, periodical medical check-ups, statutory environmental monitoring, drills on emergency preparedness, monitoring the waste disposal systems of all mining operations in accordance with relevant legislation. The Committee also notes the information that the number of workers engaged in the mining industry has varied with peaks in 2008 of 65,311 and in 2012 of 72,702 persons. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including: statistics pertaining to the abovementioned infringements; information on all measures taken in practice to address such infringements; and information on the number of workers covered by the measures giving effect to the Convention. It also asks the Government to supply relevant excerpts from inspection reports.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee has been informed that the Office is providing technical assistance to ensure effective follow-up of the Committee’s comments on the application of the Convention. The Committee hopes that this technical assistance will enable the Government to improve its application of the Convention and asks the Government to provide detailed information in its next report on the outcome of this technical assistance.

The Committee notes the information on the effect given to the Articles 11 and 4(2) of the Convention. With regard to the latter provision, the Committee would draw the Government’s attention to the new ILO Code of Practice, Safety and Health in Underground Coalmines, 2006, which is available, inter alia, on the ILO’s website: www.ilo.org/public/english/dialogue/sector/techmeet/meshcm06/ code.pdf.

The Committee notes the Government’s clarification that the Mines Safety Department is responsible for the administration of occupational safety and health matters in mines, including through application of the Mines and Minerals Development Act (No. 7 of 2008), as amended in 2009 (which repealed and replaced the Mines and Minerals Act of 1995) and related mining legislation, and that the Occupational Safety and Health Services Department is responsible for enforcing the Factories Act (No. 2 of 1996), which does not apply to mines. The Committee further notes that the Mines and Minerals Development Act includes provisions which impose obligations on licence holders to ensure that any mining or mineral processing activity prevents harm to human health (section 115(b)) and creates entitlement to compensation in the event of harm (section 123(9). With reference to the information provided on the development of a national safety, health, environmental and quality policy and on the ongoing legislative reform, the Committee invites the Government to take into account the issues raised in the present direct request to ensure full compliance with Convention No. 176 and to consider measures that could be taken to ensure that the relevant national legislation fully reflects the modern, systemic approach to occupational safety and health as discussed, inter alia, at the 98th Session (2009) of the International Labour Conference in the context of the examination of the 2009 General Survey on occupational safety and health. The Government is asked to send copies of the national policy and relevant new legislation once adopted.

Article 2(2). Scope. The Committee notes the Government’s statement that no exemptions have been made under section 2101 of the 1973 Mining Regulations, but that several exemptions have been granted under section 2102. The Committee notes the information that such exemptions are normally requested by employers for specific operations or on behalf of individual employees. It notes that the employers and workers concerned have been fully consulted and that exemptions have been granted in situations where some provisions of the Mining Regulations have been considered inapplicable or unduly onerous to a particular mine or mines, for example in mines where there is new technology, whereas the Regulations related to archaic organizational structures. It also notes that some exemptions have led to the lifting of the ban on the employment of women in underground work. The Government indicates that every time an exemption is granted, it is accompanied with conditions ensuring that the protection is not inferior in comparison to the protection afforded by full application of the Convention. The Committee notes that some of the exemptions granted seem to indicate a need to revise the Mining Regulations and observes that such a revision could be considered in the context of the current legislative reform. The Committee also notes that Article 2 requires that consultations be held with the employers and the workers concerned as well as with the most representative organizations of employers and workers. The Committee requests the Government to provide further information on the measures taken to ensure that all the provisions of Article 2(2) of the Convention are taken into account when exemptions are granted, and to continue to send information showing how Article 2(2) is applied in practice.

Article 5(2)(d) and (f). Compilation and publication of statistics on accidents. The Committee notes the Government’s statement that the Mining Regulations, the Explosives Regulations and the Mines and Minerals (Environmental) Regulations, 1997, require the notification of accidents and dangerous occurrences to the Mines Safety Department or the Environmental Council of Zambia, but do not require the compilation and publication of statistics of such accidents. Referring to the abovementioned Conference discussion in the context of the examination of the 2009 General Survey on occupational safety and health, the Committee would like to emphasize the importance of collecting data on occupational accidents and diseases in the process of improving national action on occupational safety and health, as such data are an essential tool in understanding and assessing the risks to the health of workers in the workplace. The Committee requests the Government to provide information on all measures taken or envisaged, in law and in practice, to give full effect to this Article of the Convention.

Article 5(5). Plans of working. The Committee notes the Government’s statement that although mines employing less than 100 workers are not currently required to maintain mines plans according to Mining Regulation 501(2), it is the Government’s intention that the national legislation will be amended so that the above requirement will be applicable to all mines, in accordance with Article 5 of the Convention. The Committee requests the Government to provide information on all measures taken or envisaged, in law and in practice, to give full effect to this Article of the Convention.

Article 6. Preventive and protective measures. The Committee notes the Government’s reply to its previous comment that before the Environmental Council of Zambia authorizes a project, the developer is required to prepare an emergency response plan. The Committee also notes that under paragraph 34 of the Mines and Minerals Development Act, the holder of a large-scale mining license may suspend or curtail production for an unsafe working environment. The Committee notes, however, that the relevant national laws and regulations do not appear to reflect the specific requirements set forth in Article 6. The Committee requests the Government to indicate the specific provisions of the national legislation that ensure that employers in all mines in the country take steps to assess and subsequently address risks in accordance with the order of priority prescribed in Article 6 of the Convention.

Article 7(a), (b) and (g). Responsibilities of employers. The Committee notes that the Government’s response regarding Article 7(a), (b) and (g) does not appear to address the issues dealt with in these provisions of the Article. The Committee again asks the Government to provide information on all measures taken or envisaged, in law and in practice, to give full effect to Article 7(a), (b) and (g) of the Convention.

Article 8. Emergency response plans. The Committee notes the information supplied by the Government to the effect that Statutory Instrument No. 28, 1997 (not available to the Committee) and Part XII, sections 1210–1214 of the Mining Regulations would appear to give effect to this provision, but that it also intends to revise section 1213 of the Mining Regulations to make specific reference to mine rescue teams. The Committee notes, however, that Part XII of the Mining Regulations is entitled “First-aid and firefighting” and that section 1201–1214 appear to be applicable only in these contexts. The Committee requests the Government to provide information on all measures taken and envisaged, in law and in practice, to ensure that employers are required to establish emergency response plans specific to each mine, taking into account the unique situation of each mine and its particular risks and hazards, in accordance with Article 8. The Committee also asks the Government to send a copy of Statutory Instrument No. 28, 1997, for review.

Articles 9(a) and 10(a). Information and training. The Committee takes note of the information that there are no laws which specifically require workers to be fully informed of their working conditions, but would like to point out that Article 9(a) of the Convention relates more specifically to the employers’ obligation to inform the worker, rather than to any obligation on workers. The Committee also notes that the Government’s report is silent on the matter of the employers’ obligations to provide workers with adequate training and retraining programmes and comprehensible instructions. The Committee requests the Government to send information on any measures taken or envisaged, in law and in practice, to give full effect to Articles 9(a) and 10(a) of the Convention.

Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same time. The Committee notes the Government’s statement that according to section 204(1), read in conjunction with section 205, of the Mining Regulations, the appointment of assistant managers does not relieve managers of their responsibility. The Committee notes however, that these provisions appear to apply to a situation involving a single employer, whereas Article 12 refers to situations where two or more employers are conducting mining activities simultaneously in one mine, and reflect a requirement to allocate responsibilities regarding measures involving the safety and health of workers between them. The Committee invites the Government to include an examination of how the cooperation between employers and workers in mines required by Article 12 can be incorporated into the national legislation in the context of the ongoing legislative review, and to report on all measures taken or envisaged, in law and in practice, to give full effect to this Article of the Convention.

Article 13 (1)–(4). Rights of workers and their safety and health representatives. The Committee notes the Government’s statement that although full effect is not at present given to Article 13, the intention is to examine how the rights prescribed by this Article can be incorporated into national legislation. The Committee reiterates its request that the Government indicate all measures taken or envisaged, in law and in practice: (a) to guarantee, under provisions of the national legislation, all the rights of workers and their safety and health representatives recognized under Article 13(1) and (2) of the Convention; (b) to ensure that procedures for the exercise of such rights are specified both by national laws and regulations and through consultations between employers and workers and their representatives; and (c) to ensure that the rights referred to in Article 13(1) and (2) of the Convention may be exercised without discrimination or retaliation.

Article 15. Cooperation between employers and workers. The Committee notes that, according to the Government, an obligation for employers and workers to cooperate, as required by this Article of the Convention, will be included in the national Safety, Health, Environmental and Quality Policy, which is currently being drafted. While welcoming the drafting of such a policy, the Committee points out that Article 15 specifically calls for such an obligation to be reflected in national laws and regulations. The Committee invites the Government to include an examination of how the obligation for employers and workers to cooperate in mines can be incorporated in the national legislation in the context of the ongoing legislative review, and to provide information on all measures taken or envisaged, in law and in practice, to give full effect to Article 15.

Part V of the report form. Application in practice. The Committee takes note of the information that a number of infringements by supervisors and managers have been observed but notes that further details have not been provided. The Committee requests the Government to provide more information on the application of the Convention in practice, including: statistics pertaining to the abovementioned infringements; information on all measures taken in practice to address such infringements; information on the number of workers covered by the measures giving effect to the Convention. It also asks the Government to supply relevant excerpts from inspection reports. Lastly, it asks the Government to clarify which categories of workers the legislation favours as regards infringements.

[The Government is asked to reply in detail to the present comments in 2013.]

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes the information regarding the effect given to Article 11 and Article 4(2) of the Convention. With reference to the latter provision, the Committee wishes to bring to the Government’s attention the newly developed ILO code of practice, Safety and health in underground coal mines, 2006, which is available, inter alia, at the ILO’s website: www.ilo.org/public/english/dialogue/ sector/techmeet/meshcm06/code.pdf.

The Committee notes the Government’s clarification that while the Mines Safety Department is responsible for the administration of occupational safety and health matters in mines, including the application of the Mines and Minerals Development Act (No. 7 of 2008) (as amended through 2009) (which repealed and replaced the Mines and Minerals Act of 1995) and related mining legislation, the Factories Act (No. 2 of 1966) which does not apply to mines, is enforced by the Occupational Safety and Health Services Department. The Committee also notes that the Mines and Minerals Development Act includes provisions which impose obligations on licence holders to ensure that any mining or mineral processing activity prevents, inter alia, any harm to human health (section 115b), and which create a legal entitlement to compensation if any such harm or damage is caused (section 123, paragraph 9). With reference to information provided regarding the development of a national Safety, Health, Environmental and Quality Policy as well as the ongoing legislative reform, the Committee invites the Government to take into account the issues raised in the present direct request to ensure full compliance with Convention No. 176 and to consider measures that could be taken to ensure that relevant national legislation fully reflects the modern, systemic approach to occupational safety and health (OSH) as discussed, inter alia, at the 98th Session (2009) of the International Labour Conference in the context of the examination of the General Survey of 2009 on OSH. The Government is requested to submit copies of the national OSH policy and relevant new legislation once adopted.

Article 2(2) of the Convention. Scope of application. The Committee notes the Government’s statement that while no exemptions have been made under section 2101 of the Mining Regulations 1973, several exemptions have been granted under its section 2102. The Committee notes the information that such exemptions are normally requested by employers for specific operations or on behalf of individual employees; that the employers and workers concerned have been fully consulted; and that exemptions have been granted in situations where some provisions of the Mining Regulations have been considered inapplicable or unduly onerous to a particular mine or mines, for example in mines where new technology was in place and where the Mining Regulations related to archaic organizational structures. It also notes that some exemptions concerned the lifting of the prohibition against female employees to work underground. The Government reports that every time an exemption is granted, it is accompanied with conditions which ensure protection is not inferior as compared to the protection afforded by full application of the Convention. The Committee notes that some of the exemptions granted seem to indicate a need to include a revision of the Mining Regulations which could be taken into account in the context of the ongoing legislative reform. The Committee also notes that Article 2 requires that consultations be held with the most representative organizations of employers and workers, not only with the individual employers or workers concerned. The Committee requests the Government to provide further information on measures taken to ensure that account is taken of all the requirements in Article 2(2) of the Convention when exemptions are granted and to continue to provide information on how Article 2(2) is applied in practice.

Article 5(2)(d) and (f). Compilation and publication of statistics on accidents. The Committee notes the Government’s statement that the Mining Regulations, the Explosives Regulations as well as the Mines and Minerals (Environmental) Regulations, 1997, require the notification to the Mines Safety Department or the Environmental Council of Zambia of accidents and dangerous occurrences, but does not require the compilation and publication of statistics of such accidents. With reference to the abovementioned Conference discussion in the context of the examination of the 2009 General Survey on OSH, the Committee would like to emphasize the importance of collecting data on occupational accidents and diseases in the process of improving national OSH action, as data is an essential tool in understanding and assessing the risks to the health of workers in the workplace. The Committee requests that the Government provide information on all measures taken or envisaged, in law and in practice, to give full effect to this Article of the Convention.

Article 5(5). Plans of workings. The Committee notes the Government’s statement that although mines employing less than 100 workers are not currently required to maintain mine plans according to Mining Regulation 501(2), it is the Government’s intention that the national legislation will be amended so that the above requirement will be applicable to all mines, consistent with Article 5 of the Convention. The Committee requests the Government to provide information on all measures taken or envisaged, in law and in practice, to give full effect to this Article of the Convention.

Article 6. Preventive and protective measures. The Committee notes the Government’s response to its previous comment that before the Environmental Council of Zambia authorizes a project, the developer is required to prepare an emergency response plan. The Committee also notes that under paragraph 34 of the Mines and Minerals Development Act, the holder of a large-scale mining licence may suspend or curtail production for an unsafe working environment. The Committee notes, however, that relevant national laws and regulations do not seem to reflect the specific requirements set forth in Article 6. The Committee requests the Government to indicate the specific provisions on national legislation which ensure that employers in all mines in the country take steps to assess and subsequently address risks consistent with the order of priority prescribed in Article 6 of the Convention.

Article 7(a), (b) and (g). Responsibilities of employers. The Committee notes the Government’s response regarding Article 7(a), (b) and (g), which does not seem to address the issues provided for in these provisions of the Article. The Committee reiterates its request that the Government provide information on all measures taken or envisaged, in law and in practice, to give full effect to Article 7(a), (b) and (g) of the Convention.

Article 8. Emergency response plans. The Committee notes the information provided by the Government that Statutory Instrument No. 28, 1997 (not available to the Committee) and Part XII, sections 1201–1214 of the Mining Regulations would give effect to this provision but that it also intends to revise section 1213 of the Mining Regulation to make specific reference to mine rescue teams. The Committee notes, however, that Part XII of the Mining Regulations is entitled “First aid and firefighting” and that sections 1201–1214 appear to be only applicable to those contexts. The Committee requests the Government to provide information on all measures taken and envisaged, in law and in practice, to ensure that employers are required to establish emergency response plans for emergencies specific to each mine, taking into account the unique situation of each mine and their particularized risks and hazards, in accordance with Article 8. The Committee also requests the Government to submit a copy of Statutory Instrument No. 28, 1997, for review.

Article 9(a) and Article 10(a). Information and training. While the Committee notes the information that there are no laws which specifically require workers to be fully informed of their working conditions, the Committee would like to underscore that Article 9(a) of the Convention relates more specifically to the employers’ obligations to inform the worker, rather than any obligations on the part of the workers. The Committee also notes that the Government’s report is silent with respect to the employers’ obligations to provide workers with adequate training, retraining programmes and comprehensible instructions. The Committee requests the Government to provide information on all measures taken or envisaged, in law and in practice, to give full effect to Articles 9(a) and 10(a) of the Convention.

Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same time. The Committee notes the Government’s statement that according to section 204(1), read together with section 205 of the Mining Regulations, the appointment of assistant managers does not relieve managers of their responsibility and that the managers remain in charge. The Committee notes, however, that these provisions appear to apply to a situation involving a single employer, while Article 12 refers to a situation in which two or more employers are conducting mining activities simultaneously in one mine, and reflect a requirement to allocate responsibilities regarding measures involving the safety and health of workers between them. The Committee invites the Government to include an examination of how the required cooperation between employers and workers at mines in Article 12 can be incorporated into national legislation in the context of the ongoing legislative review, and to report on all measures taken or envisaged, in law and in practice, to give full effect to this Article of the Convention.

Article 13(1)–(4). Rights of workers and their safety and health representatives. The Committee notes the Government’s statement that although full effect is currently not given to Article 13, the intention is to examine how the rights prescribed by this Article can be incorporated into national legislation. The Committee reiterates its request that the Government indicate all measures taken or envisaged, in law and in practice: (a) to guarantee, under provisions of national legislation, all the rights of workers and their safety and health representatives recognized under Article 13(1) and (2) of the Convention; (b) to ensure that the procedures for the exercise of such rights are specified both by national laws and regulations and through consultations between employers and workers and their representatives; and (c) to ensure that the rights referred to in Article 13(1) and (2) of the Convention can be exercised without discrimination or retaliation.

Article 15. Cooperation between employers and workers. The Committee notes the Government’s statement that a requirement that employers and workers cooperate, as required by this Article of the Convention, will be included in the national Safety, Health, Environmental and Quality Policy, which is currently being drafted. While the Committee welcomes the drafting of this policy, it would like to underscore that Article 15 specifically calls for this requirement to be reflected within national laws and regulations. The Committee invites the Government to include an examination of how the requirement that employers and workers cooperate in mines can be incorporated into national legislation in the context of the ongoing legislative review, and to report on all measures taken or envisaged, in law and in practice to give full effect to Article 15.

Part V of the report form. Application in practice. The Committee notes the information that a number of infringements have been observed against supervisors and managers, without providing further details. The Committee requests that the Government provide more information regarding the application in practice of the Convention, including: statistical data regarding the abovementioned infringements; data on all measures taken in practice to address such issues; information concerning the number of workers covered by the measures giving effect to the Convention; and to supply relevant excerpts from inspection reports. The Committee also requests the Government to clarify which classes of workers the existing legislation favours with respect to infringements.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information regarding the effect given to Article 11 and Article 4(2) of the Convention. With reference to the latter provision, the Committee wishes to bring to the Government’s attention the newly developed ILO code of practice, Safety and health in underground coal mines, 2006, which is available, inter alia, at the ILO’s website: www.ilo.org/public/english/dialogue/
sector/techmeet/meshcm06/code.pdf.

The Committee notes the Government’s clarification that while the Mines Safety Department is responsible for the administration of occupational safety and health matters in mines, including the application of the Mines and Minerals Development Act (No. 7 of 2008) (as amended through 2009) (which repealed and replaced the Mines and Minerals Act of 1995) and related mining legislation, the Factories Act (No. 2 of 1966) which does not apply to mines, is enforced by the Occupational Safety and Health Services Department. The Committee also notes that the Mines and Minerals Development Act includes provisions which impose obligations on licence holders to ensure that any mining or mineral processing activity prevents, inter alia, any harm to human health (section 115b), and which create a legal entitlement to compensation if any such harm or damage is caused (section 123, paragraph 9). With reference to information provided regarding the development of a national Safety, Health, Environmental and Quality Policy as well as the ongoing legislative reform, the Committee invites the Government to take into account the issues raised in the present direct request to ensure full compliance with Convention No. 176 and to consider measures that could be taken to ensure that relevant national legislation fully reflects the modern, systemic approach to occupational safety and health (OSH) as discussed, inter alia, at the 98th Session (2009) of the International Labour Conference in the context of the examination of the General Survey of 2009 on OSH. The Government is requested to submit copies of the national OSH policy and relevant new legislation once adopted.

Article 2(2) of the Convention. Scope of application. The Committee notes the Government’s statement that while no exemptions have been made under section 2101 of the Mining Regulations 1973, several exemptions have been granted under its section 2102. The Committee notes the information that such exemptions are normally requested by employers for specific operations or on behalf of individual employees; that the employers and workers concerned have been fully consulted; and that exemptions have been granted in situations where some provisions of the Mining Regulations have been considered inapplicable or unduly onerous to a particular mine or mines, for example in mines where new technology was in place and where the Mining Regulations related to archaic organizational structures. It also notes that some exemptions concerned the lifting of the prohibition against female employees to work underground. The Government reports that every time an exemption is granted, it is accompanied with conditions which ensure protection is not inferior as compared to the protection afforded by full application of the Convention. The Committee notes that some of the exemptions granted seem to indicate a need to include a revision of the Mining Regulations which could be taken into account in the context of the ongoing legislative reform. The Committee also notes that Article 2 requires that consultations be held with the most representative organizations of employers and workers, not only with the individual employers or workers concerned. The Committee requests the Government to provide further information on measures taken to ensure that account is taken of all the requirements in Article 2(2) of the Convention when exemptions are granted and to continue to provide information on how Article 2(2) is applied in practice.

Article 5(2)(d) and (f). Compilation and publication of statistics on accidents. The Committee notes the Government’s statement that the Mining Regulations, the Explosives Regulations as well as the Mines and Minerals (Environmental) Regulations, 1997, require the notification to the Mines Safety Department or the Environmental Council of Zambia of accidents and dangerous occurrences, but does not require the compilation and publication of statistics of such accidents. With reference to the abovementioned Conference discussion in the context of the examination of the 2009 General Survey on OSH, the Committee would like to emphasize the importance of collecting data on occupational accidents and diseases in the process of improving national OSH action, as data is an essential tool in understanding and assessing the risks to the health of workers in the workplace. The Committee requests that the Government provide information on all measures taken or envisaged, in law and in practice, to give full effect to this Article of the Convention.

Article 5(5). Plans of workings. The Committee notes the Government’s statement that although mines employing less than 100 workers are not currently required to maintain mine plans according to Mining Regulation 501(2), it is the Government’s intention that the national legislation will be amended so that the above requirement will be applicable to all mines, consistent with Article 5 of the Convention. The Committee requests the Government to provide information on all measures taken or envisaged, in law and in practice, to give full effect to this Article of the Convention.

Article 6. Preventive and protective measures. The Committee notes the Government’s response to its previous comment that before the Environmental Council of Zambia authorizes a project, the developer is required to prepare an emergency response plan. The Committee also notes that under paragraph 34 of the Mines and Minerals Development Act, the holder of a large-scale mining licence may suspend or curtail production for an unsafe working environment. The Committee notes, however, that relevant national laws and regulations do not seem to reflect the specific requirements set forth in Article 6. The Committee requests the Government to indicate the specific provisions on national legislation which ensure that employers in all mines in the country take steps to assess and subsequently address risks consistent with the order of priority prescribed in Article 6 of the Convention.

Article 7(a), (b) and (g). Responsibilities of employers. The Committee notes the Government’s response regarding Article 7(a), (b) and (g), which does not seem to address the issues provided for in these provisions of the Article. The Committee reiterates its request that the Government provide information on all measures taken or envisaged, in law and in practice, to give full effect to Article 7(a), (b) and (g) of the Convention.

Article 8. Emergency response plans. The Committee notes the information provided by the Government that Statutory Instrument No. 28, 1997 (not available to the Committee) and Part XII, sections 1201–1214 of the Mining Regulations would give effect to this provision but that it also intends to revise section 1213 of the Mining Regulation to make specific reference to mine rescue teams. The Committee notes, however, that Part XII of the Mining Regulations is entitled “First aid and firefighting” and that sections 1201–1214 appear to be only applicable to those contexts. The Committee requests the Government to provide information on all measures taken and envisaged, in law and in practice, to ensure that employers are required to establish emergency response plans for emergencies specific to each mine, taking into account the unique situation of each mine and their particularized risks and hazards, in accordance with Article 8. The Committee also requests the Government to submit a copy of Statutory Instrument No. 28, 1997, for review.

Article 9(a) and Article 10(a). Information and training. While the Committee notes the information that there are no laws which specifically require workers to be fully informed of their working conditions, the Committee would like to underscore that Article 9(a) of the Convention relates more specifically to the employers’ obligations to inform the worker, rather than any obligations on the part of the workers. The Committee also notes that the Government’s report is silent with respect to the employers’ obligations to provide workers with adequate training, retraining programmes and comprehensible instructions. The Committee requests the Government to provide information on all measures taken or envisaged, in law and in practice, to give full effect to Articles 9(a) and 10(a) of the Convention.

Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same time. The Committee notes the Government’s statement that according to section 204(1), read together with section 205 of the Mining Regulations, the appointment of assistant managers does not relieve managers of their responsibility and that the managers remain in charge. The Committee notes, however, that these provisions appear to apply to a situation involving a single employer, while Article 12 refers to a situation in which two or more employers are conducting mining activities simultaneously in one mine, and reflect a requirement to allocate responsibilities regarding measures involving the safety and health of workers between them. The Committee invites the Government to include an examination of how the required cooperation between employers and workers at mines in Article 12 can be incorporated into national legislation in the context of the ongoing legislative review, and to report on all measures taken or envisaged, in law and in practice, to give full effect to this Article of the Convention.

Article 13(1–4). Rights of workers and their safety and health representatives. The Committee notes the Government’s statement that although full effect is currently not given to Article 13, the intention is to examine how the rights prescribed by this Article can be incorporated into national legislation. The Committee reiterates its request that the Government indicate all measures taken or envisaged, in law and in practice: (a) to guarantee, under provisions of national legislation, all the rights of workers and their safety and health representatives recognized under Article 13(1) and (2) of the Convention; (b) to ensure that the procedures for the exercise of such rights are specified both by national laws and regulations and through consultations between employers and workers and their representatives; and (c) to ensure that the rights referred to in Article 13(1) and (2) of the Convention can be exercised without discrimination or retaliation.

Article 15. Cooperation between employers and workers. The Committee notes the Government’s statement that a requirement that employers and workers cooperate, as required by this Article of the Convention, will be included in the national Safety, Health, Environmental and Quality Policy, which is currently being drafted. While the Committee welcomes the drafting of this policy, it would like to underscore that Article 15 specifically calls for this requirement to be reflected within national laws and regulations. The Committee invites the Government to include an examination of how the requirement that employers and workers cooperate in mines can be incorporated into national legislation in the context of the ongoing legislative review, and to report on all measures taken or envisaged, in law and in practice to give full effect to Article 15.

Part V of the report form. Application in practice. The Committee notes the information that a number of infringements have been observed against supervisors and managers, without providing further details. The Committee requests that the Government provide more information regarding the application in practice of the Convention, including: statistical data regarding the abovementioned infringements; data on all measures taken in practice to address such issues; information concerning the number of workers covered by the measures giving effect to the Convention; and to supply relevant excerpts from inspection reports. The Committee also requests the Government to clarify which classes of workers the existing legislation favours with respect to infringements.

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

The Committee notes the information regarding the effect given to Articles 11 and 4(2) of the Convention. With reference to the latter provision, the Committee wishes to bring to the Government’s attention the newly developed ILO code of practice, Safety and health in underground coal mines, 2006, which is available, inter alia, at the ILO’s web site: www.ilo.org/public/english/dialogue
/sector/techmeet/meshcm06/code.pdf.

The Committee notes the Government’s clarification that while the Mines Safety Department is responsible for the administration of occupational safety and health matters in mines, including the application of the Mines and Minerals Development Act (No. 7 of 2008) (as amended through 2009) (which repealed and replaced the Mines and Minerals Act of 1995) and related mining legislation, the Factories Act (No. 2 of 1966) which does not apply to mines, is enforced by the Occupational Safety and Health Services Department. The Committee also notes that the Mines and Minerals Development Act includes provisions which impose obligations on licence holders to ensure that any mining or mineral processing activity prevents, inter alia, any harm to human health (section 115b), and which create a legal entitlement to compensation if any such harm or damage is caused (section 123, paragraph 9). With reference to information provided regarding the development of a national Safety, Health, Environmental and Quality Policy as well as the ongoing legislative reform, the Committee invites the Government to take into account the issues raised in the present direct request to ensure full compliance with Convention No. 176 and to consider measures that could be taken to ensure that relevant national legislation fully reflects the modern, systemic approach to occupational safety and health (OSH) as discussed, inter alia, at the 98th Session (2009) of the International Labour Conference in the context of the examination of the 2009 General Survey on OSH. The Government is requested to submit copies of the national OSH policy and relevant new legislation once adopted.

Article 2, paragraph 2. Scope of application. The Committee notes the Government’s statement that while no exemptions have been made under section 2101 of the Mining Regulations 1973, several exemptions have been granted under its section 2102. The Committee notes the information that such exemptions are normally requested by employers for specific operations or on behalf of individual employees; that the employers and workers concerned have been fully consulted; and that exemptions have been granted in situations where some provisions of the Mining Regulations have been considered inapplicable or unduly onerous to a particular mine or mines, for example in mines where new technology was in place and where the Mining Regulations related to archaic organizational structures. It also notes that some exemptions concerned the lifting of the prohibition against female employees to work underground. The Government reports that every time an exemption is granted, it is accompanied with conditions which ensure protection is not inferior as compared to the protection afforded by full application of the Convention. The Committee notes that some of the exemptions granted seem to indicate a need to include a revision of the Mining Regulations which could be taken into account in the context of the ongoing legislative reform. The Committee also notes that Article 2 requires that consultations be held with the most representative organizations of employers and workers, not only with the individual employers or workers concerned. The Committee requests the Government to provide further information on measures taken to ensure that account is taken of all the requirements in Article 2(2) of the Convention when exemptions are granted and to continue to provide information on how Article 2(2) is applied in practice.

Article 5, paragraph 2(d) and (f). Compilation and publication of statistics on accidents. The Committee notes the Government’s statement that the Mining Regulations, the Explosives Regulations as well as the Mines and Minerals (Environmental) Regulations, 1997, require the notification to the Mines Safety Department or the Environmental Council of Zambia of accidents and dangerous occurrences, but does not require the compilation and publication of statistics of such accidents. With reference to the abovementioned Conference discussion in the context of the examination of the 2009 General Survey on OSH, the Committee would like to emphasize the importance of collecting data on occupational accidents and diseases in the process of improving national OSH action, as data is an essential tool in understanding and assessing the risks to the health of workers in the workplace. The Committee requests that the Government provide information on all measures taken or envisaged, in law and in practice, to give full effect to this Article of the Convention.

Article 5, paragraph 5. Plans of workings. The Committee notes the Government’s statement that although mines employing less than 100 workers are not currently required to maintain mine plans according to Mining Regulation 501(2), it is the Government’s intention that the national legislation will be amended so that the above requirement will be applicable to all mines, consistent with Article 5 of the Convention. The Committee requests the Government to provide information on all measures taken or envisaged, in law and in practice, to give full effect to this Article of the Convention.

Article 6. Preventive and protective measures. The Committee notes the Government’s response to its previous comment that before the Environmental Council of Zambia authorizes a project, the developer is required to prepare an emergency response plan. The Committee also notes that under paragraph 34 of the Mines and Minerals Development Act, the holder of a large-scale mining licence may suspend or curtail production for an unsafe working environment. The Committee notes, however, that relevant national laws and regulations do not seem to reflect the specific requirements set forth in Article 6. The Committee requests the Government to indicate the specific provisions on national legislation which ensure that employers in all mines in the country take steps to assess and subsequently address risks consistent with the order of priority prescribed in Article 6 of the Convention.

Article 7(a), (b) and (g). Responsibilities of employers. The Committee notes the Government’s response regarding Article 7(a), (b) and (g), which does not seem to address the issues provided for in these provisions of the Article. The Committee reiterates its request that the Government provide information on all measures taken or envisaged, in law and in practice, to give full effect to Article 7(a), (b) and (g) of the Convention.

Article 8. Emergency response plans. The Committee notes the information provided by the Government that Statutory Instrument No. 28, 1997 (not available to the Committee) and Part XII, sections 1201–1214 of the Mining Regulations would give effect to this provision but that it also intends to revise section 1213 of the Mining Regulation to make specific reference to mine rescue teams. The Committee notes, however, that Part XII of the Mining Regulations is entitled “First aid and firefighting” and that sections 1201–1214 appear to be only applicable to those contexts. The Committee requests the Government to provide information on all measures taken and envisaged, in law and in practice, to ensure that employers are required to establish emergency response plans for emergencies specific to each mine, taking into account the unique situation of each mine and their particularized risks and hazards, in accordance with Article 8. The Committee also requests the Government to submit a copy of Statutory Instrument No. 28, 1997 for review.

Articles 9, subparagraph (a), and 10, subparagraph (a). Information and training. While the Committee notes the information that there are no laws which specifically require workers to be fully informed of their working conditions, the Committee would like to underscore that Article 9(a) of the Convention relates more specifically to the employers’ obligations to inform the worker, rather than any obligations on the part of the workers. The Committee also notes that the Government’s report is silent with respect to the employers’ obligations to provide workers with adequate training, retraining programmes and comprehensible instructions. The Committee requests the Government to provide information on all measures taken or envisaged, in law and in practice, to give full effect to Articles 9(a) and 10(a) of the Convention.

Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same time. The Committee notes the Government’s statement that according to section 204(1), read together with section 205 of the Mining Regulations, the appointment of assistant managers does not relieve managers of their responsibility and that the managers remain in charge. The Committee notes, however, that these provisions appear to apply to a situation involving a single employer, while Article 12 refers to a situation in which two or more employers are conducting mining activities simultaneously in one mine, and reflect a requirement to allocate responsibilities regarding measures involving the safety and health of workers between them. The Committee invites the Government to include an examination of how the required cooperation between employers and workers at mines in Article 12 can be incorporated into national legislation in the context of the ongoing legislative review, and to report on all measures taken or envisaged, in law and in practice, to give full effect to this Article of the Convention.

Article 13, paragraphs 1–4. Rights of workers and their safety and health representatives. The Committee notes the Government’s statement that although full effect is currently not given to Article 13, the intention is to examine how the rights prescribed by this Article can be incorporated into national legislation. The Committee reiterates its request that the Government indicate all measures taken or envisaged, in law and in practice: (a) to guarantee, under provisions of national legislation, all the rights of workers and their safety and health representatives recognized under Article 13(1) and (2) of the Convention; (b) to ensure that the procedures for the exercise of such rights are specified both by national laws and regulations and through consultations between employers and workers and their representatives; and (c) to ensure that the rights referred to in Article 13(1) and (2) of the Convention can be exercised without discrimination or retaliation.

Article 15. Cooperation between employers and workers. The Committee notes the Government’s statement that a requirement that employers and workers cooperate, as required by this Article of the Convention, will be included in the national Safety, Health, Environmental and Quality Policy, which is currently being drafted. While the Committee welcomes the drafting of this policy, it would like to underscore that Article 15 specifically calls for this requirement to be reflected within national laws and regulations. The Committee invites the Government to include an examination of how the requirement that employers and workers cooperate in mines can be incorporated into national legislation in the context of the ongoing legislative review, and to report on all measures taken or envisaged, in law and in practice to give full effect to Article 15.

Part V of the report form. Application in practice. The Committee notes the information that a number of infringements have been observed against supervisors and managers, without providing further details. The Committee requests that the Government provide more information regarding the application in practice of the Convention, including: statistical data regarding the abovementioned infringements; data on all measures taken in practice to address such issues; information concerning the number of workers covered by the measures giving effect to the Convention; and to supply relevant excerpts from inspection reports. The Committee also requests the Government to clarify which classes of workers the existing legislation favours with respect to infringements.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee takes note of the information contained in the Government’s first report. The Committee notes with interest that the Government intends to revise its mining laws to meet the requirements of Articles 13 and 15 of the Convention and that it is also engaged in the process of revising the Factories and Workplaces Act, in respect of which comments have been made on the draft legislation by the ILO. The Committee requests the Government to transmit a copy of the revised Factories and Workplaces Act, when adopted. The Committee requests the Government to supply clarification and supplementary information in respect of the following points.

2. Article 2. Scope of application. The Committee notes the indication of the Government that no categories of mines have been excluded from the scope of application of the Mines and Minerals Act, 1995 and the Explosives Act, 1974. Noting however that regulations 2101 and 2102 of the Mining Regulations, 1973 permit the exemption of mines from the operation of the Regulations or any of the provisions thereof, the Committee requests the Government to clarify: (i) whether any exemptions have been made under regulations 2101 and 2102 of the Mining Regulations and, if so, to indicate the classes of mines so exempted; (ii) whether the employers’ and workers’ organizations concerned have been consulted in this respect; and (iii) the measures taken to ensure that the overall protection afforded at the mines where the exemptions under regulations 2101 and 2102 are applicable is not inferior to that which would result from the full application of the provisions of the Convention.

3. Article 4, paragraph 2. Code of practice. The Committee notes that regulation 71 of the Mines and Minerals (Environmental) Regulations, 1997 requires developers to issue an appropriate code of safe working practice for use by all employees who work in hazardous conditions, to ensure, as far as reasonably practicable, their safety. Please indicate whether such codes of practice have in fact been issued.

4. Article 5, paragraphs 2(d) and (f). Compilation and publication of statistics on accidents. Please indicate the specific provisions of national legislation that: (i) require the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences; and (ii) establish effective procedures to ensure the implementation of the rights of workers and their representatives to be consulted on matters and to participate in measures relating to safety and health at the workplace.

5. Article 5, paragraph 5. Plans of workings. The Committee notes that regulation 501(1) of the Mining Regulations stipulates that it is the duty of the manager to ensure that mine plans are prepared and kept at the mine. Noting however that regulation 501(2) permits an exemption or partial exemption from this requirement when the average number of persons employed is less than 100, while Article 5, paragraph 5, does not envisage any such exemption, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the requirement of preparing and keeping mine plans is always applicable in respect of all mines, including mines where less than 100 persons are employed.

6. Article 6. Preventive and protective measures. The Committee notes the indication of the Government that some mines in the country take steps to assess and deal with risks in accordance with Article 6. Please indicate the measures taken or envisaged to ensure that employers in all mines in the country take steps to assess and deal with risks in accordance with the order of priority prescribed in Article 6 of the Convention.

7. Article 7(a), (b) and (g). Responsibilities of employers. Please indicate the specific provisions of national legislation that require the employer: (i) to ensure that the mine is designed and constructed so as to provide conditions for safe operation and a healthy working environment; (ii) to ensure that mines are commissioned and decommissioned in such a way that workers can perform the work assigned to them without endangering their safety or health or that of other persons; and (iii) to draw up and implement an operating plan in respect of zones susceptible to particular hazards so as to ensure a safe system of work and the protection of workers.

8. Article 8. Emergency response plans. The Committee notes the indication of the Government that mines have emergency infrastructure such as dams to control water and prevent flooding and that emergency response plans and mine rescue units are in place. Please indicate the specific provisions of national legislation that require the employer to prepare an emergency response plan.

9. Articles 9(a) and 10(a). Information and training. Please indicate the specific provisions of national legislation that require the employer: (i) to inform the workers, in a comprehensible manner, of the physical, chemical or biological hazards associated with their work, the health risks involved and the relevant preventive and protective measures; and (ii) to ensure that adequate training and retraining programmes and comprehensible instructions are provided for workers, at no cost to them, on safety and health matters as well as on the work assigned.

10. Article 11. Health surveillance of workers. The Committee notes the indication of the Government that the Occupational Health and Safety Bureau, a Government institution, is mandated to carry out regular medical check-ups of workers in the mining industry. Please indicate the specific provisions of national legislation that require the employer to ensure the provision of regular health surveillance of workers exposed to occupational health hazards specific to mining.

11. Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. The Committee notes that regulation 205 of the Mining Regulations generally requires the mine manager to take all reasonable means to ensure that the provisions of the Regulations are observed in the mine or that part of the mine which is under his or her control. However, in the light of the requirements of Article 12, please indicate the specific provisions of national legislation that require the employer in charge of the mine to coordinate the implementation of all measures concerning the safety and health of workers and to be held primarily responsible for the safety of the operations whenever two or more employers undertake activities at the same mine.

12. Article 13, paragraphs 1–4. Rights of workers and their safety and health representatives. The Committee notes the indication of the Government that it intends to take steps to formally enshrine in the mining legislation of the country the rights guaranteed to workers under Article 13 of the Convention. Please indicate the measures taken or envisaged: (a) to guarantee, under the provisions of national legislation, all the rights of workers and their safety and health representatives recognized under Article 13, paragraphs 1 and 2, of the Convention; (b) to ensure that the procedures for the exercise of these rights are specified both by national laws and regulations and through consultations between employers and workers and their representatives; and (c) to ensure that the rights referred to in paragraphs 1 and 2 of Article 13 of the Convention can be exercised without discrimination or retaliation.

13. Article 15. Cooperation between employers and workers. The Committee notes the indication of the Government that it intends to enshrine the requirement of cooperation between employers and workers and their representatives in its mining legislation. Please indicate the measures taken or envisaged to ensure that the relevant national laws and regulations require cooperation between employers and workers and their representatives to promote safety and health in mines.

14. Part IV of the report form. Please indicate whether the courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, supply the text of these decisions.

15. Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied in the country and information about the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc., and please supply relevant extracts from inspection reports.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee takes note of the information contained in the Government’s first report. The Committee notes with interest that the Government intends to revise its mining laws to meet the requirements of Articles 13 and 15 of the Convention and that it is also engaged in the process of revising the Factories and Workplaces Act, in respect of which comments have been made on the draft legislation by the ILO. The Committee requests the Government to transmit a copy of the revised Factories and Workplaces Act, when adopted. The Committee requests the Government to supply clarification and supplementary information in respect of the following points.

2. Article 2. Scope of application. The Committee notes the indication of the Government that no categories of mines have been excluded from the scope of application of the Mines and Minerals Act, 1995 and the Explosives Act, 1974. Noting however that regulations 2101 and 2102 of the Mining Regulations, 1973 permit the exemption of mines from the operation of the Regulations or any of the provisions thereof, the Committee requests the Government to clarify: (i) whether any exemptions have been made under regulations 2101 and 2102 of the Mining Regulations and, if so, to indicate the classes of mines so exempted; (ii) whether the employers’ and workers’ organizations concerned have been consulted in this respect; and (iii) the measures taken to ensure that the overall protection afforded at the mines where the exemptions under regulations 2101 and 2102 are applicable is not inferior to that which would result from the full application of the provisions of the Convention.

3. Article 4, paragraph 2. Code of practice. The Committee notes that regulation 71 of the Mines and Minerals (Environmental) Regulations, 1997 requires developers to issue an appropriate code of safe working practice for use by all employees who work in hazardous conditions, to ensure, as far as reasonably practicable, their safety. Please indicate whether such codes of practice have in fact been issued.

4. Article 5, paragraphs 2(d) and (f). Compilation and publication of statistics on accidents. Please indicate the specific provisions of national legislation that: (i) require the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences; and (ii) establish effective procedures to ensure the implementation of the rights of workers and their representatives to be consulted on matters and to participate in measures relating to safety and health at the workplace.

5. Article 5, paragraph 5. Plans of workings. The Committee notes that regulation 501(1) of the Mining Regulations stipulates that it is the duty of the manager to ensure that mine plans are prepared and kept at the mine. Noting however that regulation 501(2) permits an exemption or partial exemption from this requirement when the average number of persons employed is less than 100, while Article 5, paragraph 5, does not envisage any such exemption, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the requirement of preparing and keeping mine plans is always applicable in respect of all mines, including mines where less than 100 persons are employed.

6. Article 6. Preventive and protective measures. The Committee notes the indication of the Government that some mines in the country take steps to assess and deal with risks in accordance with Article 6. Please indicate the measures taken or envisaged to ensure that employers in all mines in the country take steps to assess and deal with risks in accordance with the order of priority prescribed in Article 6 of the Convention.

7. Article 7(a), (b) and (g). Responsibilities of employers. Please indicate the specific provisions of national legislation that require the employer: (i) to ensure that the mine is designed and constructed so as to provide conditions for safe operation and a healthy working environment; (ii) to ensure that mines are commissioned and decommissioned in such a way that workers can perform the work assigned to them without endangering their safety or health or that of other persons; and (iii) to draw up and implement an operating plan in respect of zones susceptible to particular hazards so as to ensure a safe system of work and the protection of workers.

8. Article 8. Emergency response plans. The Committee notes the indication of the Government that mines have emergency infrastructure such as dams to control water and prevent flooding and that emergency response plans and mine rescue units are in place. Please indicate the specific provisions of national legislation that require the employer to prepare an emergency response plan.

9. Articles 9(a) and 10(a). Information and training. Please indicate the specific provisions of national legislation that require the employer: (i) to inform the workers, in a comprehensible manner, of the physical, chemical or biological hazards associated with their work, the health risks involved and the relevant preventive and protective measures; and (ii) to ensure that adequate training and retraining programmes and comprehensible instructions are provided for workers, at no cost to them, on safety and health matters as well as on the work assigned.

10. Article 11. Health surveillance of workers. The Committee notes the indication of the Government that the Occupational Health and Safety Bureau, a Government institution, is mandated to carry out regular medical check-ups of workers in the mining industry. Please indicate the specific provisions of national legislation that require the employer to ensure the provision of regular health surveillance of workers exposed to occupational health hazards specific to mining.

11. Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. The Committee notes that regulation 205 of the Mining Regulations generally requires the mine manager to take all reasonable means to ensure that the provisions of the Regulations are observed in the mine or that part of the mine which is under his or her control. However, in the light of the requirements of Article 12, please indicate the specific provisions of national legislation that require the employer in charge of the mine to coordinate the implementation of all measures concerning the safety and health of workers and to be held primarily responsible for the safety of the operations whenever two or more employers undertake activities at the same mine.

12. Article 13, paragraphs 1-4. Rights of workers and their safety and health representatives. The Committee notes the indication of the Government that it intends to take steps to formally enshrine in the mining legislation of the country the rights guaranteed to workers under Article 13 of the Convention. Please indicate the measures taken or envisaged: (a) to guarantee, under the provisions of national legislation, all the rights of workers and their safety and health representatives recognized under Article 13, paragraphs 1 and 2, of the Convention; (b) to ensure that the procedures for the exercise of these rights are specified both by national laws and regulations and through consultations between employers and workers and their representatives; and (c) to ensure that the rights referred to in paragraphs 1 and 2 of Article 13 of the Convention can be exercised without discrimination or retaliation.

13. Article 15. Cooperation between employers and workers. The Committee notes the indication of the Government that it intends to enshrine the requirement of cooperation between employers and workers and their representatives in its mining legislation. Please indicate the measures taken or envisaged to ensure that the relevant national laws and regulations require cooperation between employers and workers and their representatives to promote safety and health in mines.

14. Part IV of the report form. Please indicate whether the courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, supply the text of these decisions.

15. Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied in the country and information about the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc., and please supply relevant extracts from inspection reports.

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

1. The Committee takes note of the information contained in the Government’s first report. The Committee notes with interest that the Government intends to revise its mining laws to meet the requirements of Articles 13 and 15 of the Convention and that it is also engaged in the process of revising the Factories and Workplaces Act, in respect of which comments have been made on the draft legislation by the ILO. The Committee requests the Government to transmit a copy of the revised Factories and Workplaces Act, when adopted. The Committee requests the Government to supply clarification and supplementary information in respect of the following points.

2. Article 2. Scope of application. The Committee notes the indication of the Government that no categories of mines have been excluded from the scope of application of the Mines and Minerals Act, 1995 and the Explosives Act, 1974. Noting however that regulations 2101 and 2102 of the Mining Regulations, 1973 permit the exemption of mines from the operation of the Regulations or any of the provisions thereof, the Committee requests the Government to clarify: (i) whether any exemptions have been made under regulations 2101 and 2102 of the Mining Regulations and, if so, to indicate the classes of mines so exempted; (ii) whether the employers’ and workers’ organizations concerned have been consulted in this respect; and (iii) the measures taken to ensure that the overall protection afforded at the mines where the exemptions under regulations 2101 and 2102 are applicable is not inferior to that which would result from the full application of the provisions of the Convention.

3. Article 4, paragraph 2. Code of practice. The Committee notes that regulation 71 of the Mines and Minerals (Environmental) Regulations, 1997 requires developers to issue an appropriate code of safe working practice for use by all employees who work in hazardous conditions, to ensure, as far as reasonably practicable, their safety. Please indicate whether such codes of practice have in fact been issued.

4. Article 5, paragraphs 2(d) and (f). Compilation and publication of statistics on accidents. Please indicate the specific provisions of national legislation that: (i) require the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences; and (ii) establish effective procedures to ensure the implementation of the rights of workers and their representatives to be consulted on matters and to participate in measures relating to safety and health at the workplace.

5. Article 5, paragraph 5. Plans of workings. The Committee notes that regulation 501(1) of the Mining Regulations stipulates that it is the duty of the manager to ensure that mine plans are prepared and kept at the mine. Noting however that regulation 501(2) permits an exemption or partial exemption from this requirement when the average number of persons employed is less than 100, while Article 5, paragraph 5, does not envisage any such exemption, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the requirement of preparing and keeping mine plans is always applicable in respect of all mines, including mines where less than 100 persons are employed.

6. Article 6. Preventive and protective measures. The Committee notes the indication of the Government that some mines in the country take steps to assess and deal with risks in accordance with Article 6. Please indicate the measures taken or envisaged to ensure that employers in all mines in the country take steps to assess and deal with risks in accordance with the order of priority prescribed in Article 6 of the Convention.

7. Article 7(a), (b) and (g). Responsibilities of employers. Please indicate the specific provisions of national legislation that require the employer: (i) to ensure that the mine is designed and constructed so as to provide conditions for safe operation and a healthy working environment; (ii) to ensure that mines are commissioned and decommissioned in such a way that workers can perform the work assigned to them without endangering their safety or health or that of other persons; and (iii) to draw up and implement an operating plan in respect of zones susceptible to particular hazards so as to ensure a safe system of work and the protection of workers.

8. Article 8. Emergency response plans. The Committee notes the indication of the Government that mines have emergency infrastructure such as dams to control water and prevent flooding and that emergency response plans and mine rescue units are in place. Please indicate the specific provisions of national legislation that require the employer to prepare an emergency response plan.

9. Articles 9(a) and 10(a). Information and training. Please indicate the specific provisions of national legislation that require the employer: (i) to inform the workers, in a comprehensible manner, of the physical, chemical or biological hazards associated with their work, the health risks involved and the relevant preventive and protective measures; and (ii) to ensure that adequate training and retraining programmes and comprehensible instructions are provided for workers, at no cost to them, on safety and health matters as well as on the work assigned.

10. Article 11. Health surveillance of workers. The Committee notes the indication of the Government that the Occupational Health and Safety Bureau, a Government institution, is mandated to carry out regular medical check-ups of workers in the mining industry. Please indicate the specific provisions of national legislation that require the employer to ensure the provision of regular health surveillance of workers exposed to occupational health hazards specific to mining.

11. Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. The Committee notes that regulation 205 of the Mining Regulations generally requires the mine manager to take all reasonable means to ensure that the provisions of the Regulations are observed in the mine or that part of the mine which is under his or her control. However, in the light of the requirements of Article 12, please indicate the specific provisions of national legislation that require the employer in charge of the mine to coordinate the implementation of all measures concerning the safety and health of workers and to be held primarily responsible for the safety of the operations whenever two or more employers undertake activities at the same mine.

12. Article 13, paragraphs 1-4. Rights of workers and their safety and health representatives. The Committee notes with interest the indication of the Government that it intends to take steps to formally enshrine in the mining legislation of the country the rights guaranteed to workers under Article 13 of the Convention. Please indicate the measures taken or envisaged: (a) to guarantee, under the provisions of national legislation, all the rights of workers and their safety and health representatives recognized under Article 13, paragraphs 1 and 2, of the Convention; (b) to ensure that the procedures for the exercise of these rights are specified both by national laws and regulations and through consultations between employers and workers and their representatives; and (c) to ensure that the rights referred to in paragraphs 1 and 2 of Article 13 of the Convention can be exercised without discrimination or retaliation.

13. Article 15. Cooperation between employers and workers. The Committee notes with interest the indication of the Government that it intends to enshrine the requirement of cooperation between employers and workers and their representatives in its mining legislation. Please indicate the measures taken or envisaged to ensure that the relevant national laws and regulations require cooperation between employers and workers and their representatives to promote safety and health in mines.

14. Part IV of the report form. Please indicate whether the courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, supply the text of these decisions.

15. Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied in the country and information about the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc., and please supply relevant extracts from inspection reports.