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

1. The Committee notes the report of the Government and the information provided in response to its previous comments. It also notes that the Safety, Health and Welfare at Work Act, 2005, repeals and replaces the Safety, Health and Welfare Act, 1989, from 1 September 2005. The Committee proposes to examine the provisions of the Act in detail at its next session. In the meantime, the Committee requests the Government to provide clarification or supplementary information in respect of the following points.

2. Article 1, paragraph 1(b), of the Convention. Definition of "mine". The Committee notes that section 4 of the Mines and Quarries Act, 1965, defines the term "mine" and that Regulation 2 of the Safety, Health and Welfare at Work (Extractive Industries) Regulations, 1997, defines the term "extractive industry". The Committee notes that according to these definitions it is not clear whether all machinery, equipment, appliances, plant, buildings and civil engineering structures used in conjunction with the activities of exploration, extraction and preparation of minerals are covered by the definition of "mine" under the Mines and Quarries Act, 1965. Therefore, please clarify whether the definition of the term "mine" under the said Act would include all machinery, equipment, appliances, plant, buildings and civil engineering structures used in conjunction with the activities of exploration, extraction and preparation of minerals.

3. Article 3. Policy on safety and health in mines. The Committee notes with interest the information that draft safety, health and welfare at work (quarries) regulations are being developed by the Quarries Sector Health and Safety Steering Committee and are expected to be adopted shortly. It also notes that the new regulations will be supported by extensive guidelines. It further notes that the Health and Safety Authority is developing proposals for new draft consolidated mines regulations to bring up to date the country’s mining legislation. Please indicate the present status of these processes and transmit copies of the regulations and guidelines, when adopted.

4. Article 4, paragraph 2. Codes of practice. The Committee notes the indication of the Government that a guidance document for workers’ representatives has been drafted and that a quarry safety calendar aimed at providing guidance to workers has also been produced. It also notes that the Health and Safety Authority intends to develop a code of practice for health and safety in quarries having three or fewer employees. Please indicate the progress made in this regard and transmit a copy of the code of practice, when adopted.

5. Article 5, paragraph 4(d). Safe transport and disposal of hazardous substances and waste. The Committee takes note of paragraphs 9, 14 and 23 of the second schedule to the Safety, Health and Welfare at Work (Extractive Industries) Regulations, 1997. It also notes that the said schedule applies only to underground extractive industries. Therefore, please indicate the specific provisions of national legislation that require the safe disposal of wastes produced in surface mines. Also, please indicate the specific provisions of national legislation that require the safe transportation of hazardous substances used in the mining process and waste produced at mines.

6. Article 7(b). Safe decommissioning of mines. The Committee notes the indication of the Government that the issue of safe decommissioning of mines is not specifically dealt with in current legislation but that it would be taken into consideration while framing the new consolidated regulations. Please indicate the progress made in this regard.

7. Article 13, paragraph 2(c). Right of safety and health representatives to have recourse to independent experts. The Committee notes that section 25(2)(i) and (j) of the Safety, Health and Welfare at Work Act, 2005, enables safety and health representatives to receive advice and information from inspectors and to consult with other safety and health representatives in the undertaking. The Committee wishes to draw the attention of the Government to Article 13, paragraph 2(c), of the Convention which requires national legislation to grant safety and health representatives the right to have recourse to independent experts. Therefore, please indicate the measures taken or envisaged to grant this right to safety and health representatives under national laws and regulations.

8. Part V of the report form. Practical application of the Convention. The Committee notes that six fatal accidents occurred in mines and quarries in the country in the first ten months of the year 2005. It also notes the indication of the Government that through cooperation with the industry, the Health and Safety Authority hopes to eliminate the occurrence of serious and fatal accidents. The Committee invites the Government to indicate the measures taken in this regard and continue to provide statistics on the practical application of this Convention in the country.