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

Zambia

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) (Ratification: 1980)
Safety and Health in Mines Convention, 1995 (No. 176) (Ratification: 1999)

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.