Posted the: 2013-09-23 Numac: 2012015179 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE September 1, 2012. -Law approving Convention No. 176 of the International Labour Organisation concerning safety and health in mines, adopted in Geneva on 22 June 1995 (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Convention No. er 176 of the International Labour Organization concerning the safety and health in mines, adopted in Geneva on 22 June 1995, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels September 1, 2012.
ALBERT by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Minister of employment, Ms. M. DE CONINCK seen and sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2011-2012.
Bill tabled on 26/04/2012, no. 5 - 1589/2 report made on behalf of the Committee 5-1589/1 parliamentary Annals.
Discussion, meeting of 28/06/2012.
Vote, meeting of 28/06/2012.
Draft transmitted by the Senate, no. 53-2309/1.
Text adopted in plenary meeting and submitted to Royal assent 53-2309/2.
Discussion, meeting of 19/07/2012.
Vote, meeting of 19/07/2012.
CONVENTION No. 176 concerning safety and health in mines the General Conference of the International Labour Organization convened at Geneva by the governing body of the international labour office, and having met in its eighty-second session on 6 June 1995;
Noting the international conventions and recommendations of the relevant work, in particular the abolition of forced labour convention, 1957; the convention and the recommendation on the protection against radiation, 1960; the convention and recommendation on the guarding of machinery, 1963; the convention and the recommendation concerning benefits in the case of accidents at work and occupational diseases, 1964; the convention and recommendation on the age minimum (underground work), 1965; the convention on the medical examination of young persons (underground work), 1965; the convention and recommendation on the workplace (air pollution, noise and vibration), 1977; the convention and recommendation on safety and health of workers, 1981; the convention and recommendation on health at work, 1985; the convention and recommendation on asbestos, 1986; the convention and recommendation on safety and health in construction, 1988; the convention and recommendation on chemicals, 1990, as well as the convention and the recommendation on the prevention of major industrial accidents, 1993;
Considering the need and the right of workers to be informed, trained and consulted effectively, as well as to participate in the preparation and implementation of measures concerning safety and health about the dangers and the risks to which they are exposed in the mining industry;
Recognizing that it is desirable to prevent any fatal accident, injury or damage to health that could be workers or the population, as well as damage to the environment, that could result from mining operations;
Taking into account the need for cooperation between the international organization of work, the world of health, the International Atomic Energy Agency and other relevant institutions, and noting the instruments, codes of practice, relevant codes and guidelines published by these organizations.
After deciding to adopt various proposals concerning safety and health in mines, which is the fourth item of the agenda of the session;
Having determined that these proposals shall take the form of an international convention, adopts, this twenty-second day of June one thousand nine hundred and ninety-five the following convention, which will be referred to as Convention on safety and health in mines, 1995.
PART i. DEFINITIONS Article 1 1. For the purposes of this convention, the term "mine" includes: has) any site to opencast or underground where take place including the following activities: i) the exploration of minerals, except oil and gas, which involves a mechanical alteration of the land;
II) extraction of minerals, other than oil and gas;
(iii) the preparation of extracted materials, including crushing, grinding, concentration or washing);
b) all machinery, equipment, accessories, installations, buildings and civil engineering structures used in connection with the activities referred to in paragraph a) above.
2. for the purposes of this convention, the term 'employer' means any natural or legal person who employs one or more workers in a mine, as well as, if the context implies, the operator, the prime contractor, the contractor or subcontractor.
PART II. FIELD and implementing provisions Article 2 1. This convention applies to all mines.
2. after consultation with the organizations most representative of employers and workers concerned, the competent authority of a member which ratifies the convention, a) may exclude certain categories of mines from the application of the convention or of certain provisions thereof if, as a whole, the protection granted under the legislation and national practice is not lower than that which would result from the full application of the provisions of the convention;
(b) will have to, in the case where certain categories of mines are subject to exclusions in paragraph) above, to prepare plans for progressively covering all mines.
3. each Member which ratifies this convention and avails itself of the possibility provided in paragraph 2 a) above shall indicate, in the reports on the implementation of the convention submitted under article 22 of the Constitution of the International Labour Organization, any particular category of mines, which was the subject of an exclusion and the reasons of this exclusion.
Article 3 the Member should, taking into account conditions and practice and after consultation with the most representative organizations of employers and workers concerned, formulate and implement a coherent policy on safety and health in mines and the review periodically, especially in what concerns the measures giving effect to the provisions of the convention.
Article 4 1. Measures to ensure the application of the convention should be prescribed by national legislation.
2. when applicable, this legislation shall be supplemented by: a) technical standards, guidelines, and codes of practice; or (b) by other means of implementation consistent with national practice, which will be identified by the competent authority.
Article 5(1). The national legislation referred to in article 4, paragraph 1, shall designate the authority to monitor and regulate the various aspects of safety and health in mines.
2. this legislation shall provide: a) the monitoring of safety and health in mines;
(b) the inspection of mines by designated inspectors for this purpose by the competent authority;
(c)) the procedures of notification and investigation in cases of fatal and severe accidents as well as mining disasters and hazardous incidents as defined by that legislation;
d) the establishment and publication of the statistics on cases of accidents, occupational diseases and dangerous occurrences as defined by that legislation;
e) the power of the competent authority to suspend or restrict, for reasons of safety and health, mining activities until the conditions of the suspension or restriction should be corrected;
(f) the establishment of effective procedures to give effect to the rights of workers and their representatives to be consulted on issues and participate in measures relating to safety and health in the workplace).
3. national legislation should provide that the manufacture, storage, transport and use of explosives and detonators at mine shall be carried out by persons competent and authorized or under their direct supervision.
4. this legislation shall establish: a) the requirements to be followed in mine rescue, first aid and medical services;
(b)) the obligation to provide adequate workers individual rescue breathing devices in underground coal mines and, if applicable, other underground mines so that to maintain these devices;
(c) the protective measures to be applied to abandoned mining operations to eliminate or minimize the risks to safety and health;
d) prescriptions to ensure satisfactory safety conditions, storage, transport and disposal of hazardous substances used in mining as well as the residues at the mine;
e) if applicable, the requirement to provide and maintain in a State of hygiene satisfying sufficient sanitation facilities and facilities for washing, changing and feeding.
5. this national legislation shall provide that the employer responsible for of mine shall ensure the development of appropriate plans of mining operations before the start of the operation as well as during any significant change, and the regular updating of these plans that must be kept available on the site of the mine.
PART III. MEASURES of PREVENTION and PROTECTION in the MINE A. responsibilities of employers Article 6 in taking preventive and protection measures provided for in this part of the agreement, the employer must evaluate the risks and treat them according to the following order of priority: a) eliminate these risks;
(b) the control at the source;
(c) reduce to a minimum by various means including the development of safe work practices;
(d) insofar as these risks remain, provide for the use of personal protective equipment, with respect to what is reasonable, practicable and feasible, as well as what is considered to be good practice and comply with the due diligence.
Article 7 the employer shall be required to take all necessary measures to eliminate or minimize the risks to safety and health posed by mines under its authority, and in particular: a) to ensure that the mine is designed, built and equipped with electrical, mechanical and otherwise, including a communications system, equipment in such a way that the necessary conditions for the safety of its operation and a safe working environment are conducted;
b) to ensure that the mine be commissioning, operated, maintained and decommissioned in a way such that workers can perform the duties assigned to them without danger to their safety and health or those of others;
(c) take steps to maintain the stability of the ground in the areas to which people have access during their work.
(d) whenever practicable, provide, from any underground workplace, two issues which lead each on a track separate leading to the day;
(e) ensure monitoring, assessment and periodic inspection of the workplace to identify various hazards to which workers may be exposed and to assess the degree of this exhibition;
(f) adequate ventilation of all underground workings to which access is allowed;
(g) for areas exposed to specific risks, develop and implement a business plan and procedures to guarantee the security of the system of work and the protection of workers;
(h) take measures and precautions appropriate to the type of mining to prevent, detect and combat the outbreak and spread of fires and explosions;
(i) make ensure that activities are stopped and workers evacuated to a place safe, when the safety and health of workers are seriously threatened.
Article 8 each mine, the employer shall prepare a specific emergency action plan to deal with industrial and natural disasters reasonably foreseeable.
Article 9 when workers are exposed to physical, chemical or biological hazards, the employer will be required to: a) keep informed workers, in an intelligible manner, the dangers posed by their work, risks that it has on their health and measures of prevention and protection applicable;
(b) take appropriate measures to eliminate or minimize the risks of this exposure.
(c) where adequate protection against risks of accident or injury to health, including against exposure to harmful conditions, cannot be ensured by other means, provide and maintain, no cost to workers, clothes appropriate to the needs as well as equipment and other devices of protection defined by national legislation; and (d) ensure that workers who have suffered an injury or illness in the workplace first aid, adequate means of transportation from the place of work as well as access to appropriate medical services.
Article 10 the employer shall ensure that: a) workers receive, free of charge for them, training and retraining adequate and intelligible instructions relating to safety and health as well as to the tasks assigned to them;
(b) pursuant to the national legislation, adequate monitoring and control are exercised on each team so that in the case of shift work of the mine takes place in conditions of safety;
(c) a system is set up so that can be known with precision, at any time, the names of all persons who are at the bottom, as well as their probable location;
(d) all accidents and dangerous occurrences, as defined by national law, subject to an investigation, and appropriate measures should be taken to remedy; and (e)) a report on accidents and dangerous occurrences is established in accordance with national law for the competent authority.
Article 11 an employer shall ensure that regular medical monitoring for workers exposed to occupational hazards specific to mining activities is exercised according to the General principles of the medicine of work and in accordance with national legislation.
Article 12 when two or more employers are engaged in activities in the same mine, the employer liable for the mine shall coordinate the implementation of all measures relating to safety and health of the workers and be held primarily responsible for the security of the operations without that individual employers are exempt from their own responsibility with regard to the implementation of all measures relating to the security and to the health of their workers.
B. rights and OBLIGATIONS of workers and their representatives Article 13 1. The national legislation referred to in article 4 shall recognize the right of workers: a) to report accidents, dangerous occurrences and hazards to the employer and to the competent authority;
(b) to request and obtain that inspections and investigations are conducted by the employer and the competent authority where there is a cause for concern related to the safety and health; and c) about workplace hazards that may affect their safety or their health and be informed.
(d) to obtain the information in the possession of the employer or the competent authority to their safety or their health;
(e) to deviate from any place in the mine where there is reasonable grounds to believe that there is a situation presenting a serious risk to their safety or health. and f) to collectively select safety and health representatives.
2. the delegates of the workers safety and health referred to in paragraph 1 f) above shall be granted, in accordance with national legislation, the right: has) to represent workers for everything related to the safety and health in the workplace, including as appropriate to exercise the rights mentioned in paragraph 1 above;
(b) of: i) participate in inspections and investigations that are carried out by employer and the competent authority at the place of work;
II) carry out surveillance and investigations relating to safety and health;
(c) to engage consultants and independent experts;
(d) to hold timely consultations with the employer on issues related to safety and health, including the policies and procedures in this area;
(e) to hold consultations with the competent authority; and (f) to receive notification of accidents and dangerous occurrences, interesting sector for which they have been selected.
((3. the procedures for the exercise of the rights referred to in paragraphs 1 and 2 above will be specified: a) by national legislation, as well as b) by means of consultations between employers and workers and their representatives.
4. national legislation should ensure that the rights referred to in paragraphs 1 and 2 above can be exercised without discrimination or retaliation.
Article 14 national legislation should provide that, following their training, workers are subject to the requirement: has) to comply with the measures prescribed for safety and health;
(b) to take reasonable care for their own security and their own health as well as those of others who may be affected by their acts or their omissions at work, including using properly means, protective clothing and equipment at their disposal for this purpose and ensuring care;
(c) immediately report to their superior direct any situation that might in their opinion present a risk to their safety or health or those of others and to which they are not themselves able to cope adequately;
d) to cooperate with the employer in order to ensure that the obligations and responsibilities that are the responsibility of the latter under the convention are met.
C. COOPERATION Article 15 of the measures must be taken, in accordance with national legislation, to encourage cooperation between employers and workers and their representatives to promote the safety and health in mines.
PART IV. APPLICATION Article 16 the Member shall: a) adopt all necessary measures, including sanctions and measures
corrective appropriate to ensure the effective implementation of the provisions of the convention; and (b) implement the appropriate inspection services to monitor the application of the measures to be taken in accordance with the convention, and provide these services of the necessary resources for the discharge of their duties.
Part V. final provisions Article 17 the formal ratifications of this convention shall be communicated to the Director-general of the international Bureau of labour and by him registered.
Section 18 (1). This agreement shall bind the members of the International Labour Organization whose ratification will have been registered by the Director-general of the international labour office.
2. it will enter into force 12 months after the ratifications of two members are registered by the Director-general.
3. Subsequently, this convention shall enter into force for each Member twelve months after the date where its ratification has been registered.
Article 19 1. Any Member that has ratified this convention may denounce on the expiry of a period of ten years after the date of the initial implementation of the convention, by an act communicated to the Director-general of the international labour office and by him registered. The denunciation will take effect a year after having been registered.
2. any Member that has ratified this Agreement who, within the period of one year after the expiry of the period of ten years mentioned in the preceding paragraph, will not make use of the option of denunciation provided for in this article will be bound to a new period of ten years and, thereafter, may denounce this convention at the expiration of each period of ten years under the conditions laid down in this article.
Section 20 (1). The Director general of the international labour office shall notify all members of the International Labour Organization of the registration of all ratifications and denunciations that will be communicated to him by the members of the organization.
2. by notifying Members of the Organization to the registration of the second ratification which will have been communicated to him, the Director-general will draw the attention of the members of the Organization on the date on which this convention enters into force.
Article 21 the Director general of the international labour office shall communicate to the Secretary-General of the United Nations, for registration in accordance with article 102 of the Charter of the Nations United, complete information about all ratifications and acts of denunciation that it will be registered in accordance with the preceding articles.
Article 22 each time that it deems necessary, the governing body of the international labour office will present to the General Conference a report on the implementation of this convention and will consider whether it is appropriate to include in the agenda of the Conference the question of its revision in whole or in part.
Article 23 1. A_le_cas_ou the Conference adopt a new convention on the total or partial revision of this convention, and unless the new convention otherwise provides: a) the ratification by a member of the new revising convention would ipso jure, notwithstanding article 19 above, involve the immediate denunciation of this convention, provided that the new revising convention is in force;
(b) from the date of the entry into force of the new revising convention, this convention would cease to be open to ratification by the members.
2. the convention would remain in force in its form and content for the members which have ratified it but have not ratified the revising convention.
Article 24 the French and English versions of the text of this convention are equally authentic.
Convention (No. 176) on safety and health in mines list of bound States State Date of ratification Date of entry into force South Africa 2000-06-09 06/09/2001 Albania 03/03/2003 03/03/2004 Germany 06 / 09 / 1998 06 / 09 / 1999 Armenia 27 / 04 / 1999 27 / 04 / 2000 Austria 26 / 05 / 1999-26 / 05 / 2000 Belgium 02 / 10 / 2012 02 / 10 / 2013 Bosnia and Herzegovina 04 / 02 / 2010 04 / 02 / 2011 Botswana 05 / 06 / 1997 05. 06/1998 Brazil 18/05/2006 05/18/2007 Spain 22/05/1997-05/06/1998 United States 02/09/2001-09/02/2002 Finland 1997-06-09 09/06/1998 Ireland 09/06/1998-09/06/1999 Lebanon 2000-02-23 02/23/2001 Luxembourg 08/04/2008 08/04/2009 Morocco 2013-06-04 06/04/2014 Norway 11/06/1999-11/06/2000 Peru 2008-06-19 19/06/2009 Philippines 1998-02-27 27/02/1999 Poland 25/06/2001 06/25/2002 Portugal 25/03/2002 25/03/2003 Russia, Federation of 19/07/2013-19/07/2014 Slovakia 03/06/1998-03/06/1999 Sweden 09/06/1997-09/06/1998 Czech, Republic 10/09/2000 10/09/2001 Ukraine 15/06/2011-15/06/2012 Zambia 1999-01-04 04/01/2000 Zimbabwe 04-09-2003 09/04/2004