Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. The Committee takes note of the information contained in the Government’s first report. The Committee notes with interest that the Government intends to revise its mining laws to meet the requirements of Articles 13 and 15 of the Convention and that it is also engaged in the process of revising the Factories and Workplaces Act, in respect of which comments have been made on the draft legislation by the ILO. The Committee requests the Government to transmit a copy of the revised Factories and Workplaces Act, when adopted. The Committee requests the Government to supply clarification and supplementary information in respect of the following points.

2. Article 2. Scope of application. The Committee notes the indication of the Government that no categories of mines have been excluded from the scope of application of the Mines and Minerals Act, 1995 and the Explosives Act, 1974. Noting however that regulations 2101 and 2102 of the Mining Regulations, 1973 permit the exemption of mines from the operation of the Regulations or any of the provisions thereof, the Committee requests the Government to clarify: (i) whether any exemptions have been made under regulations 2101 and 2102 of the Mining Regulations and, if so, to indicate the classes of mines so exempted; (ii) whether the employers’ and workers’ organizations concerned have been consulted in this respect; and (iii) the measures taken to ensure that the overall protection afforded at the mines where the exemptions under regulations 2101 and 2102 are applicable is not inferior to that which would result from the full application of the provisions of the Convention.

3. Article 4, paragraph 2. Code of practice. The Committee notes that regulation 71 of the Mines and Minerals (Environmental) Regulations, 1997 requires developers to issue an appropriate code of safe working practice for use by all employees who work in hazardous conditions, to ensure, as far as reasonably practicable, their safety. Please indicate whether such codes of practice have in fact been issued.

4. Article 5, paragraphs 2(d) and (f). Compilation and publication of statistics on accidents. Please indicate the specific provisions of national legislation that: (i) require the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences; and (ii) establish effective procedures to ensure the implementation of the rights of workers and their representatives to be consulted on matters and to participate in measures relating to safety and health at the workplace.

5. Article 5, paragraph 5. Plans of workings. The Committee notes that regulation 501(1) of the Mining Regulations stipulates that it is the duty of the manager to ensure that mine plans are prepared and kept at the mine. Noting however that regulation 501(2) permits an exemption or partial exemption from this requirement when the average number of persons employed is less than 100, while Article 5, paragraph 5, does not envisage any such exemption, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the requirement of preparing and keeping mine plans is always applicable in respect of all mines, including mines where less than 100 persons are employed.

6. Article 6. Preventive and protective measures. The Committee notes the indication of the Government that some mines in the country take steps to assess and deal with risks in accordance with Article 6. Please indicate the measures taken or envisaged to ensure that employers in all mines in the country take steps to assess and deal with risks in accordance with the order of priority prescribed in Article 6 of the Convention.

7. Article 7(a), (b) and (g). Responsibilities of employers. Please indicate the specific provisions of national legislation that require the employer: (i) to ensure that the mine is designed and constructed so as to provide conditions for safe operation and a healthy working environment; (ii) to ensure that mines are commissioned 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; and (iii) 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.

8. Article 8. Emergency response plans. The Committee notes the indication of the Government that mines have emergency infrastructure such as dams to control water and prevent flooding and that emergency response plans and mine rescue units are in place. Please indicate the specific provisions of national legislation that require the employer to prepare an emergency response plan.

9. Articles 9(a) and 10(a). Information and training. Please indicate the specific provisions of national legislation that require the employer: (i) to inform the workers, in a comprehensible manner, of the physical, chemical or biological hazards associated with their work, the health risks involved and the relevant preventive and protective measures; and (ii) to ensure that adequate training and retraining programmes and comprehensible instructions are provided for workers, at no cost to them, on safety and health matters as well as on the work assigned.

10. Article 11. Health surveillance of workers. The Committee notes the indication of the Government that the Occupational Health and Safety Bureau, a Government institution, is mandated to carry out regular medical check-ups of workers in the mining industry. Please indicate the specific provisions of national legislation that require the employer to ensure the provision of regular health surveillance of workers exposed to occupational health hazards specific to mining.

11. 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 regulation 205 of the Mining Regulations generally requires the mine manager to take all reasonable means to ensure that the provisions of the Regulations are observed in the mine or that part of the mine which is under his or her control. However, in the light of the requirements of Article 12, please indicate the specific provisions of national legislation that require the employer in charge of the mine to coordinate the implementation of all measures concerning the safety and health of workers and to be held primarily responsible for the safety of the operations whenever two or more employers undertake activities at the same mine.

12. Article 13, paragraphs 1-4. Rights of workers and their safety and health representatives. The Committee notes with interest the indication of the Government that it intends to take steps to formally enshrine in the mining legislation of the country the rights guaranteed to workers under Article 13 of the Convention. Please indicate the measures taken or envisaged: (a) to guarantee, under the provisions of national legislation, all the rights of workers and their safety and health representatives recognized under Article 13, paragraphs 1 and 2, of the Convention; (b) to ensure that the procedures for the exercise of these rights are specified both by national laws and regulations and through consultations between employers and workers and their representatives; and (c) to ensure that the rights referred to in paragraphs 1 and 2 of Article 13 of the Convention can be exercised without discrimination or retaliation.

13. Article 15. Cooperation between employers and workers. The Committee notes with interest the indication of the Government that it intends to enshrine the requirement of cooperation between employers and workers and their representatives in its mining legislation. Please indicate the measures taken or envisaged to ensure that the relevant national laws and regulations require cooperation between employers and workers and their representatives to promote safety and health in mines.

14. Part IV of the report form. Please indicate whether the courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, supply the text of these decisions.

15. Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied in the country and information about the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc., and please supply relevant extracts from inspection reports.