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

1. The Committee notes the information provided by the Government in its reports including the legislation appended thereto. It appears from the information available that legislative conformity is ensured with the majority of provisions of the Convention. The Committee requests the Government to supply supplementary information with respect to the following points.

2. Article 5, paragraph 5, of the Convention. Preparation of appropriate plans of workings by the employer in charge of the mine before the start of operation and their periodical updating. The Committee notes that in its 2002 report the Government indicates that Chapter 1, Section 5, of the Mine Safety and Health Standards, 2000, imposes such an obligation on employers. The Committee notes, however, that the legislative provisions to which the Government refers appear only to provide for an obligation for employers to submit a safety and health programme to the Director of Mines and Geoscience Bureau, which is the competent authority in the Philippines. The Government is therefore requested to indicate legislative measures taken to ensure that the employer in charge of the mine prepares appropriate plans of workings before the start of the operation and that these plans are periodically updated.

3. Article 7, subparagraph (a). Measures to eliminate or minimize the risks to safety and health in mines at the stage of their design and construction. Please indicate the steps taken in order to ensure that effect is given to this subparagraph.

4. Article 9, subparagraphs (a) and (b). Measures taken to ensure that workers exposed to physical and biological hazards shall be informed of them and perform their work without risk. The Committee notes the Government’s references to Rules 13(h) and 14 of the Revised Mine Safety Rules and Regulations by which employers are required to ensure that newly hired employees undergo an orientation course to familiarize them with the hazards where they are assigned. Taking into account that the abovementioned Rules contain requirements of a general nature and the subparagraphs in question prescribe specific measures to be adopted with respect to physical and biological hazards, the Government is requested to indicate legislative or practical measures taken in order to give effect to these provisions of the Convention in relation to those hazards.

5. Article 10, subparagraph (c). Measures and procedures to establish a system of recording names and location of all persons who are underground. The Committee notes the Government’s reference to the employer’s duty to ensure that employees who are assigned in their respective work areas are properly accounted for and their locations are made known. Please indicate the legislative or practical measures by which procedures are introduced in order to give effect to this provision of the Convention.

6. Article 12. Measures taken in order to ensure the coordination of two or more employers to implement all measures concerning the safety and health of workers. The Committee notes that provisions mentioned in the Government’s report (section 143 of DAO 96-40) contain requirements for relations between the principal employers and contractors. Please indicate which measures have been taken or envisaged for the case where two or more employers undertake activities at the same mine.

7. Article 13, paragraph 1(a), and paragraph 2(f). Provisions on the workers’ right to report accidents, dangerous occurrences and hazards to the employer and to the competent authority as well as the right of workers’ representatives to receive notice of accidents and dangerous occurrences. Please provide information on legislative or other measures to determine the procedures for exercising the indicated rights.