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

The Committee notes the Government’s reports and the texts of the legislation giving effect to the provisions of the Convention. The Committee notes that there is legislative conformity with a large number of the provisions of the Convention. It would be grateful if the Government would provide a copy of the Works Constitution Act (BetrVG), as amended to date. It would also be grateful if the Government would provide further clarifications on the following points.

Article 4, paragraph 2, of the Convention. Please provide information on the accident prevention regulations issued by the Accident Insurance Funds, as well as a copy of these regulations.

Article 5, paragraph 2(a). Please provide information as to whether a mining ordinance has been adopted as provided for in section 66, first sentence, Nos. 5a and 6, section 55, paragraph 1, first sentence, No. 3, and section 68 of the Federal Mining Act (BBergG), and if so, please provide a copy of this ordinance.

Article 5, paragraph 2(b), and Article 16(b). Please provide information as to whether a mining ordinance has been adopted as provided for in section 65, first sentence, Nos. 4 and 6, section 55, paragraph 1, first sentence, No. 3, and section 65, second sentence and section 68 of the Federal Mining Act (BBergG), and if so, please provide a copy of the ordinance.

Article 5, paragraph 2(c). Please indicate whether the Federal Ministry of Labour has made use of the authorization provided for in section 24, No. 3, of the Occupational Safety Act (ArbSchG), to issue administrative regulations on the duty of the competent Länder authorities to inform it on matters that have to be included in the annual Report on Accidents Prevention (section 25, paragraph 2, of the Social Code-Book VII)

Article 5, paragraph 2(d). Please indicate the provisions of national legislation that requires annual reporting on mining operations and provide a copy of the text concerned. Please provide additional information on the methods by which the Länder comply with the reporting duties concerning the application of international legislation on safety and health at work, as provided for in section 24, paragraph 4 of the Occupational Safety Act (ArbSchG).

Article 5, paragraph 2(f). Please provide further information on how the consultations that are called for by this paragraph of Article 5 of the Convention are provided for nationally.

Article 5, paragraph 3. Please indicate the provisions of national laws or regulations that require that, not only the use but also the manufacture, storage, and transport of explosives and initiating devices at the mine, shall be carried out under the direct supervision of competent and authorized persons.

Article 5, paragraph 4(a). Please provide information on whether an ordinance provided for in section 131, paragraph 2, of the Federal Mining Act (BbergG) has been adopted, and if this is the case, please provide a copy of the text.

Article 5, paragraph 4(c). The Committee would be grateful if the Government would indicate the protective measures required to secure abandoned mines in accordance with section 55, paragraph 1, first sentence, No. 3 of the Federal Mining Act (BBergG), section 15, paragraph 3, first sentence of the General Mining Ordinance (ABBegV), and section 9 of the Occupational Safety Act (ArbSchG). Please indicate whether a more detailed mining ordinance has been adopted in accordance with section 66, first sentence, No. 6, and section 55, paragraph 1, first sentence, No. 3 of the Federal Mining Act (BbergG); if so, please provide a copy of such text.

Article 5, paragraph 4(d). Please indicate whether the handling provisions for hazardous substances of the Dangerous Substances Ordinance (sections 16 to 40, and more particularly section 24 of the GefStoffV) are applicable in accordance with section 2, paragraph 4, No. 1 of the same Ordinance, or whether their application is excluded by the Mining Ordinance on Health Protection of Workers (Gesundheitsschutz Bevergordnung). If their application is thus excluded, please provide a copy of the Mining Ordinance on Health Protection of Workers. Please indicate the provisions of national laws or regulations for prescribing the safe transportation and disposal of hazardous substances used in mining process and waste produced at the mine.

Article 5, paragraph 5. Please indicate whether there is a requirement in national laws or regulations for the plans of working to be kept available at the mine site.

Article 7(b). Please indicate the provisions of national laws or regulations requiring employers to ensure that the mine is 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. Please also indicate whether the ordinances, administrative acts and operating plans referred to in section 58 of the Federal Mining Act (BBergG) regulate decommissioning of mine, and if so, please provide copies of these texts.

Article 7(e). Please provide information on the extent of practical compliance by employers with the various provisions of national legislation requiring them to ensure the monitoring, assessment and regular inspection of the working environment as required by this paragraph of Article 7.

Article 9(c). Please indicate whether the definition of personal protective equipment given in section 18, paragraph 1 of the General Mining Ordinance (ABBergV), and section 1, paragraphs 2 to 5 of the Eighth Ordinance based on the Equipment Safety Act (8.GSGV), includes clothing and other facilities, as required by the Convention.

Article 10(a). Please indicate the provisions of national laws or regulations requiring the employer to ensure that retraining programmes are provided for workers and that all training and retraining programmes and comprehensible instructions are provided at no cost to the workers.

Article 10(d). Please indicate the provisions of national laws or regulations requiring the employer to ensure that all accidents and dangerous occurrences, as defined by national laws or regulations, are investigated and appropriate remedial action taken.

Article 10(e). Please indicate whether the employers covered by the Occupational Safety Act (ArbSchG) are required to ensure that a report is made to the competent authority on accidents and dangerous occurrences.

Article 13, paragraph 1(e). Please indicate whether, under section 22 of the General Mining Ordinance (ABBergV), the safety and health interests of other employees can prevent a worker from removing himself/herself from a work situation when he/she has a reasonable justification to believe that there is an imminent and serious danger to his/her own life or health. In the event that the worker is so prevented, please indicate the measures taken or envisaged to remove such restriction and thus put national legislation in conformity with the requirements of this Article of the Convention.

Article 16(b). Please indicate how practical collaboration is effectively ensured between the Länder mining authorities and Labour Inspectorates and the Technical Inspection Services of the Competent Accident Insurance Fund.