â€œYou'll Be Fired if You Refuseâ€ - Human Rights Watch

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Personal Protective Equipment (PPE) While there has been progress since when they first started mining in Zambia, the Chinese operations—NFCA underground mining, Sino Metals, and Chambishi Copper Smelter in particular—frequently fail to provide prompt replacement of “personal protective equipment” to employees. All too often, this leads directly to unnecessary workplace accidents and health consequences. In contrast to the practices at the Chinese-run copper mines, miners interviewed from the other multinational companies—specifically, Mopani Copper Mines, Konkola Copper Mines, and Kansanshi—said their companies have a standard procedure in which they were able to obtain a replacement when their PPE was damaged during work (see text box, below, on “Best practices in the Copperbelt”). ILO Convention No. 176 requires employers to “provide and maintain at no cost to the worker suitable protective equipment [and] clothing as necessary.” 121 Miners at the Chinese copper mining operations said that their employers had improved considerably at providing PPE since first starting work in Zambia. Until several years ago, the Chinese companies often did not provide any protective equipment; at best, workers might receive a few of the items they needed, as described by an underground miner at NFCA: It was in 2008 and 2009 that the union really took up the issue of PPE, that the Chinese had to provide work suits and boots, hard hats, and the other necessary equipment. Before you were lucky to get a couple pieces, but you would never get close to what is required by the mining regulations. Those efforts in 2008 and 2009 paid off. But even though it’s better, we still face problems with PPE that don’t exist in other mines. 122 A worker in the Chinese-owned smelter, CCS, likewise said: When we first started, the safety situation was very, very bad. They did not give us the required PPE. We worked with no equipment and were exposed to lots of problems. People were often burned from the acid…. The Mines Safety Department finally intervened after lots of complaints, and now we get leather suits, shoes for the smelter, leather gloves, and a face shield. It 121 ILO Convention No. 176, art. 9(c). 122 Human Rights Watch interview with underground drill operator A at NFCA, Chambishi, November 5, 2010. 39 HUMAN RIGHTS WATCH | NOVEMBER 2011
took lots of complaining. We were happy with the progress, but now we find ourselves again with PPE problems. 123 The “PPE problems” referenced by this worker were echoed by virtually every employee at the three Chambishi-based Chinese copper companies with whom Human Rights Watch spoke: the Chinese-run companies there refuse to issue replacement PPE, even when it is damaged during work; and also still fail to provide some protective equipment that is standard in other operations. Throughout the copper mining industry, there is a set “timeframe” for receiving new PPE; however, the Ministry of Mines permanent secretary made clear that under Zambian law—in addition to the ILO—companies are to replace PPE torn or damaged during work. 124 Workers from other copper mining companies in Zambia told Human Rights Watch that their employers follow this regulation. According to the miners in the Chambishi companies, Chinese bosses tell workers that, no matter how damaged their equipment is, they must wait until the timeframe has elapsed or purchase their own replacement. A surface miner at NFCA explained: For those on the surface, we are given attire for a year—that’s the timeframe. For boots, belt, hard hat, overalls, we get one for a full year. It’s supposed to be six months, which is what it is for the underground workers. And then if there is a premature defect [in the PPE], you can’t get a new one. No matter how bad, no matter if it happened during work use only, they won’t give a new one. Your salary is deducted…. So most people continue working with the damaged PPE. 125 A fork-life operator at Sino Metals expressed similarly: If the PPE breaks down before the timeframe, you either have to continue working with the damaged equipment or you have to cover a new one on your own. If we turn in a broken PPE, and receive a new one, they deduct the cost from our earnings…. This is not what the safety regulations say, but the Chinese don’t care and our government does nothing. 126 123 Human Rights Watch interview with miner A in the water treatment department of CCS, Kitwe, November 6, 2010. 124 Human Rights Watch interview with Godwin Beene, permanent secretary in the Ministry of Mines and Minerals Development, Lusaka, July 18, 2011. 125 Human Rights Watch interview with technician at NFCA, Chambishi, November 11, 2010. 126 Human Rights Watch interview with forklift operator A at Sino Metals, Kitwe, July 13, 2011. The problem was also expressed repeatedly by workers at CCS, including an acid plant operator at CCS who said, “Even if [the Chinese manager] sees problems with the PPE, they will not give a new one until the timeframe is over. At CCS, the safety representative does “YOU’LL BE FIRED IF YOU REFUSE” 40
Page 1 and 2: Zambia “You’ll Be Fired if You
Page 3 and 4: Copyright © 2011 Human Rights Watc
Page 5 and 6: Company Safety Officers without Aut
Page 8 and 9: Summary Over the past decade, China
Page 10 and 11: Chinese-run Copper Mining Companies
Page 12 and 13: uling in MUZ’s favor on the estab
Page 14 and 15: Recommendations To the Government o
Page 16 and 17: Reward managers and safety inspecto
Page 18 and 19: them as having spoken to Human Righ
Page 20 and 21: I. Background China’s role in Afr
Page 22 and 23: [The Chinese government] supports c
Page 24 and 25: History of Zambia’s Copper Indust
Page 26 and 27: Copper prices rose steadily from 20
Page 28 and 29: for CNMC in 2003—13 years after t
Page 30 and 31: policeman. Although the police inve
Page 32 and 33: underground mining has more than do
Page 34 and 35: After Mwanawasa died in August 2008
Page 36 and 37: quickly requested that the company
Page 38 and 39: of us in planning has our own compu
Page 40 and 41: Economic, Social, and Cultural Righ
Page 42 and 43: problems. In some areas, they shoul
Page 44 and 45: A national-level official at the Mi
Page 48 and 49: Miners told Human Rights Watch that
Page 50 and 51: While Sino Metals appears to be the
Page 52 and 53: Casual Workers at Sino Metals: No P
Page 54 and 55: speak further, refuted that anyone
Page 56 and 57: Godwin Beene, permanent secretary i
Page 58 and 59: They have a safety officer in place
Page 60 and 61: frequent, that two to three a week
Page 62 and 63: empowered to refuse to continue wor
Page 64 and 65: injured in a 2009 accident, contras
Page 66 and 67: unsafe, don’t do it.’ If the mi
Page 68 and 69: Best Safety Practices in Zambia’s
Page 70 and 71: Deliberate Failure to Report Accide
Page 72 and 73: 50,000, 100,000 Kwacha to not repor
Page 74 and 75: Problem of Subcontractors at Konkol
Page 76 and 77: are also corruption issues, a serio
Page 78 and 79: Kateka also stressed that the under
Page 80 and 81: Physical Abuse by Chinese Superviso
Page 82 and 83: III. Hours and Overtime Across Zamb
Page 84 and 85: Overtime is supposed to be four hou
Page 86 and 87: “Let me tell you, for people who
Page 88 and 89: almost never paid, even when they w
Page 90 and 91: Even when it is not an emergency si
Page 92 and 93: IV. Anti-Union Activities If you do
Page 94 and 95: Sino Metals still does not allow us
Page 96 and 97:
that once such a committee is estab
Page 98 and 99:
Intimidating Union Representatives
Page 100 and 101:
A union representative at Sino Meta
Page 102 and 103:
exercising or for the anticipated e
Page 104 and 105:
V. Conclusion This report seeks to
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HUMAN RIGHTS WATCH 350 Fifth Avenue
Page 108 and 109:
hour shifts, though generally only
Page 110 and 111:
收件人 : 人权观察非
Page 112 and 113:
acknowledged by various parties. In
Page 114 and 115:
the wearing of PPE (including those
Page 116 and 117:
common practice in the mining indus
Page 118 and 119:
egistering with the company. Howeve
Page 120 and 121:
Annex II: Copper Price, 2001-2011 1
Page 122 and 123:
2009 Financial Summary for the MSD
Page 124 and 125:
Annex IV: Wages in Chinese and Othe
Page 126 and 127:
Prior to 2008, the differences in s
Page 128 and 129:
Annex V: Salary Breakdown at Sino M
Page 130:
H UMAN R I G H TS WATCH 350 Fifth A
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