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

1. Further to its observation, the Committee notes with interest the detailed information, including references to a large number of Acts, decrees, ordinances and regulations provided by the Government in its reports, as well as information on the level of safety in the mining sector for the years 2001, 2003, 2004 and 2005. The Committee requests the Government to transmit copies of the various Acts, decrees, ordinances and regulations referred to in its reports, with translations in English, if available, and to supply clarification and supplementary information in respect of the following points.

2. Article 1 of the Convention. Definitions. Please indicate the definitions of the terms "mine" and "employer" under national legislation.

3. Article 3. Policy on safety and health in mines. The Committee notes that the Czech Mining Office had in 2002 prepared a proposal of the concept of the aggregate policy on occupational safety and health in mines and that the trade unions consulted had recommended that the adoption of the concept be deferred until the adoption of the national policy on occupational safety and health. Please indicate whether the national policy on occupational safety and health and the concept of the aggregate policy on occupational safety and health in mines prepared by the Czech Mining Office have since been adopted.

4. Article 4, paragraph 2. Technical standards, guidelines and codes of practice. Please indicate whether there are any technical standards, guidelines or codes of practice supplementing the national laws and regulations giving effect to the Convention.

5. Article 5, paragraph 2(c). Reporting of dangerous occurrences and mine disasters. Please indicate the specific provisions of national legislation requiring the reporting of dangerous occurrences and mine disasters.

6. Article 5, paragraph 2(d). Compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences. Please indicate the specific provisions of national legislation requiring the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences.

7. Article 5, paragraph 4(d). Requirements for the safe storage and transportation of hazardous substances used in the mining process and disposal of waste produced at the mine. The Committee takes note of the indication of the Government that the provisions of special Part III of Act No. 61/1988, Decree No. 99/1995, Decree No. 22/1989, Decree No. 26/1989 and Decree No. 51/1989 specify the requirements for the disposal of hazardous substances used in the mining process. Please indicate the specific provisions of national legislation containing requirements for the safe storage and transportation of hazardous substances used in the mining process and the disposal of waste produced at the mine.

8. Article 5, paragraph 5. Preparation of appropriate plans in the event of any significant modification of operations and updating of plans of workings. The Committee notes the indication of the Government that sections 10 and 19 of Act No. 61/1988 require plans of workings to be submitted to the district mining office together with a request for permission to start operations. Please indicate the specific provisions of national legislation which require the employer in charge of the mine to ensure that appropriate plans of workings are also prepared in the event of any significant modification and that plans of workings are brought up to date periodically and kept available at the mine site.

9. Article 7(a). Safe design and construction of mines and provision of electrical, mechanical and other equipment. The Committee notes that the Government refers to section 6(6) of Decree No. 22/1989 relating to the location of telecommunication equipment in mines. In the light of the requirements of Article 7(a) of the Convention, please indicate the specific provisions of national legislation requiring employers to ensure that the mine is designed and constructed and provided with electrical, mechanical and other equipment so as to provide conditions for safe operation and a healthy working environment.

10. Article 7(b). Safe commissioning, maintenance and decommissioning of mines. The Committee notes the indication of the Government that the provisions of Decree No. 22/1989, in particular, sections 39, 44, 50 and 58 and Decree No. 415/2003 contain requirements for the safe operation of mines. Please indicate the specific provisions of national legislation requiring employers to ensure that mines are commissioned, maintained 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.

11. Article 7(c). Maintenance of stability of the ground. Please indicate the specific provisions of national legislation requiring employers to ensure the stability of the ground in areas to which workers have access.

12. Article 7(g). Operating plans in respect of zones susceptible to particular hazards. The Committee notes that the Government refers to section 134(c) of the Labour Code which requires the elimination or limitation of risks and the provisions of Act No. 61/1988, Ordinance of the Czech Mining Office No. 8/1987 and Decrees Nos. 26/1989 and 51/1989 which require the preparation of emergency plans. Please indicate the specific provisions of national legislation requiring employers 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.

13. 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 refers to section 6 of Act No. 61/1988 which specifies the responsibility of the employer. It also notes that section 132(4) of the Labour Code requires two or more employers undertaking tasks at the same workplace to cooperate to ensure safe and healthy working. Please indicate the specific provisions of national legislation that require the employer in charge of the mine to coordinate the implementation of measures concerning the safety and health of workers and to be primarily responsible for the safety of operations, when two or more employers undertake activities at the same mine.

14. Article 13, paragraph 1(a). Right of workers to report accidents, dangerous occurrences and hazards to the competent authority. The Committee notes that section 135(4)(f) of the Labour Code enables workers to report accidents, dangerous occurrences and hazards to the employer. Please indicate the specific provisions of national legislation under which workers have the right to report accidents, dangerous occurrences and hazards to the competent authority.

15. Part V of the report form. The Committee notes with interest the reports regarding the level of safety in the mining sector for the years 2001, 2003 and 2004. Please continue to supply such reports.

16. First aid for underground injuries and the maintenance of mining rescue services. Noting that the report for the year 2001 refers to difficulties in securing first aid in cases of underground injuries, and in rescuing of the injured underground, and that it also indicates that the mining rescue service is not maintained in many mines that are privately managed, the Committee requests the Government to indicate the measures taken or envisaged to ensure that employers provide workers injured underground with speedy access to the requisite first aid and medical facilities and to ensure that mining rescue services are maintained in privately managed mines.