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Safety and Health in Mines Convention, 1995 (No. 176) - Albania (RATIFICATION: 2003)

Other comments on C176

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Article 3 of the Convention. National policy on safety and health in mines. The Committee notes that the Government did not indicate if a coherent policy on safety and health in mines has been formulated, in accordance with Article 3 of the Convention. Recalling that one of the fundamental obligations under the Convention is the formulation, implementation and periodical review of a coherent policy on safety and health in mines, after consultation with the most representative organizations of employers and workers concerned, the Committee requests the Government to provide information on measures taken in this regard.

Articles 5(3) and 5(4)(d). Manufacture, storage, transportation and use of explosives, initiating devices and hazardous substances. The Committee takes note of Law No. 9126 of 29 July 2003 on the use of explosives and pyrotechnic substances and fireworks which provides that explosive substances for civil use shall be used only with a valid license issued by the Ministry of Industry and Energy. It also notes that the Council of Ministers shall determine the procedure for granting licences. The Committee requests the Government to specify the legal provisions requiring that the manufacture, storage, transport and use of explosives and initiating devices at the mine shall be carried out by, or under, the direct supervision of competent and authorized persons (Article 5(3)). The Government is also invited to indicate the legal provisions specifying the requirements for the safe storage, transportation and disposal of hazardous substances used in the mining process and waste produced at the mine (Article 5(4)(d)).

Article 5(4)(a) and (b). Mine rescue and first aid. The Committee notes that under section 7 of Law No. 8741, mine rescue operations are carried out by the main rescue centre of the responsible unit and rescue teams on-site. In this regard, section 8 provides that mine workings employing more than 25 workers in underground work must set up a rescue team of no less than five persons, while voluntary rescue teams are to be established in mines where less than 25 workers are employed in underground work. Furthermore, the Committee notes that pursuant to section 8 of Law No. 10237 of 18 February 2010 on safety and health at work, employers shall take the necessary measures to provide first aid. The Committee requests the Government to indicate the legal provisions specifying the requirements relating to first aid and medical facilities in mines (Article 5(4)(a)) and the obligation to provide and maintain adequate self-rescue respiratory devices (Article 5(4)(b)).

Article 5(4)(c). Protective measures to secure abandoned mine workings. The Committee notes the Government’s indication that cases of undeclared and unsupervised work in abandoned mining areas have been identified by inspection services. The Government also indicates that steps have been taken to coordinate action with local government units and the police force in order to prevent accidents in such areas. The Committee requests the Government to indicate the legal provisions specifying the protective measures to secure abandoned mine workings so as to eliminate or minimize risks to safety and health.

Article 5(5). Plans of workings. The Committee notes that, under section 4 of Law No. 8741, mines can be exploited if there is an approved project for its opening, preparation and use. The Committee invites the Government to indicate the legal provisions specifying the obligation for the employer to ensure that such plans are brought up to date periodically and kept available at the mine site.

Article 7. Measures to be taken by employers to eliminate or minimize the risks to safety and health in mines. The Committee asks the Government to provide detailed information on the measures taken or envisaged, in law and in practice, to ensure that employers take all the measures required by this Article to eliminate or minimize the risks to safety and health in mines.

Article 9. Physical, chemical or biological hazards. The Committee notes the obligations of employers relating to information and instructions for the use of machinery, equipment, explosive substances and materials by workers, under section 11 of Law No. 8741. The Committee requests the Government to provide information on the measures taken to ensure that effect is given to this Article as regards chemical and biological hazards.

Article 10(b), (c) and (d). Supervision and control on each shift. System for keeping track of underground workers. Investigation and appropriate remedial action following accidents and dangerous occurrences. The Committee asks the Government to provide information on the measures taken or envisaged, in law and in practice, to ensure that effect is given to Article 10(b), (c) and (d) of the Convention.

Article 11. Health surveillance of workers. The Committee asks the Government to provide information on the manner in which it is ensured that the employer provides for regular health surveillance of workers exposed to occupational health hazards specific to mining.

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 that section 6(6) of Law No. 10237 on safety and health at work prescribes that whenever two or more employers undertake activities at the same workplace, they shall cooperate in implementing measures concerning the safety and health of workers and shall designate a coordinator. The Committee recalls that, under Article 12 of the Convention, the employer in charge of the mine shall coordinate the implementation of all measures concerning the safety and health of workers and shall be held primarily responsible for the safety of the operations, while individual employers still assume responsibility for the safety and health of their own workers. The Committee requests the Government to provide further information on the effect given to this Article and on the measures taken or envisaged, in law and in practice, to ensure that effect is given to Article 12.

Article 13(1)(b) and (e). Right of workers to request and obtain inspections and investigations. Right of removal. The Committee requests the Government to provide information on the measures taken or envisaged, in law and in practice, to ensure that effect is given to Article 13(1)(b) and (e) of the Convention.

Article 13(2). Rights and duties of workers’ safety and health representatives. The Committee notes that the rights and duties of workers’ representatives, appointed to participate in the council for safety and health at work in pursuance of section 14 of Law No. 10237, are set out under sections 15, 17 and 18 of the Law, which includes: the right to participate in the elaboration and implementation of risk prevention programmes; the right to inspect workplaces; the right to request that the employer take the necessary measures to prevent occupational risks; and the right to submit their observations and appeal to the labour inspectorate. The Committee requests the Government to provide information on any measures taken to ensure that workers’ representatives have the right to have recourse to advisers and independent experts and to receive notice of accidents and dangerous occurrences, in compliance with Article 13(2)(c) and (f) of the Convention.

Article 13(4). Protection against discrimination and retaliation. The Committee requests the Government to provide information on the measures taken, in law and in practice, to ensure that the rights of workers set out under Article 13(1) and (2) of the Convention can be exercised without discrimination or retaliation, in compliance with Article 13(4).

Part V of the report form and Article 5(2)(d). Application in practice. Compilation. Publication of statistics on accidents, occupational diseases and dangerous occurrences. The Committee takes note of the detailed information provided by the Government concerning the monitoring activities carried out by the Mine Inspection and Rescue Unit in 2011. The Committee asks the Government to continue to provide information on inspection activities carried out in mines and to indicate any progress made to enforce fines, and to provide sufficient means and resources to the Mine Inspection and Rescue Unit to carry out its missions. Furthermore, recalling the importance of collecting data on occupational accidents and diseases in the process of improving national action on occupational safety and health, the Committee requests the Government to provide information on all measures taken or envisaged to give full effect to Article 5(2)(d) of the Convention, and to communicate such statistics.