Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee refers to its observation and requests the Government to supply information on the following points.

Article 3 of the Convention. National policy. The Committee refers to Regulatory Standard No. 22 (NR 22), as amended on 1 October 2007, concerning occupational safety and health in mining, and other additional regulatory standards, drawn up through a tripartite process, which constitute the basis of national policy in this sphere. The Committee requests the Government to supply information on the manner in which national policy on safety and health in mines is periodically reviewed, particularly regarding the measures taken to give effect to the provisions of the Convention. In view of the fact that this Article of the Convention provides for ongoing implementation and review in order to take the necessary remedial measures regarding the implementation of national policy in practice, the Committee requests the Government to supply information, if applicable, on the most relevant aspects of such revision.

Articles 5(1) and 16(b). Competent authority for monitoring and regulating the various aspects of safety and health in mines. Appropriate inspection services. The Committee notes the indication in the Government’s report that occupational safety and health (OSH) legislation is primarily regulated in the Consolidated Labour Legislation having the status of a federal Act, of which Title II in Chapter V lays down provisions on occupational safety and occupational medicine and assigns the Ministry of Labour the power to draw up additional provisions issued in the form of regulatory standards, drawn up through a tripartite process. The monitoring of these standards comes within the competence of the labour inspectorate within the Ministry of Labour and Employment. In view of the technical nature of this Convention, for example Article 7, which states, inter alia, that the mine must be designed and constructed in such a way as to provide conditions for safe operation and a healthy working environment, the Committee requests the Government to indicate whether the Ministry of Labour is responsible for monitoring and follow-up with regard to all the provisions of the Convention, or whether certain provisions such as the aforementioned are the responsibility of the Ministry of Mines or another ministry and, if so, to indicate the provisions for which each institution is responsible and the coordination mechanisms that exist. Accordingly, the Government is also requested to supply information on the technical competencies of the inspection services with regard to the matters covered by the Convention.

Article 5(2)(c). Procedures for reporting and investigating fatal and serious accidents, dangerous occurrences and mine disasters. As regards reporting, the Committee notes that NR 22.37.7 establishes that, in the event of a fatal accident, it is obligatory to inform the Regional Labour Delegation (DRT). As regards investigation, the Committee notes that NR 22.3.7.3 and NR 22.37.6.1 refer to the investigation of occupational accidents. The Convention refers in various provisions to “dangerous occurrences”, and the Committee, noting that the Government does not supply any information on this in its report, wishes to point out that the objective of reporting with regard to the above is prevention. The Committee requests the Government to provide information on compulsory reporting procedures for non-fatal serious accidents, dangerous occurrences and mine disasters. The Government is also requested to provide information on the investigation of dangerous occurrences and mine disasters.

Article 5(2)(d). Compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences. The Committee notes the information supplied in the report on the manner in which effect is given to this provision with respect to accidents and diseases and notes that no information is supplied with regard to dangerous occurrences. The Committee requests the Government to provide information on the compilation and publication of statistics relating to dangerous occurrences.

Article 5(2)(e). Power of the competent authority to suspend or restrict mining activities on safety and health grounds. The Committee notes that section 3.1 of NR 3 states that the competent authority shall be able to order, on the basis of a technical report, the suspension or restriction of activities. The Committee requests the Government to supply information on the application in practice of this provision with regard to mines. In particular, the Committee wonders whether the requirement for a technical report will obstruct the taking of prompt action to suspend or restrict activities.

Article 9(d). Provide workers who have suffered from an injury or illness at the workplace with first aid, appropriate transportation from the workplace and access to appropriate medical facilities. The Committee notes the provisions relating to first aid. The Committee requests the Government to supply information on the obligation to provide appropriate transportation from the workplace and access to appropriate medical facilities, in cases covered by this provision.

Article 10(b). Adequate supervision and control on each shift. The Committee notes that the Government refers to NR 22.24.24, which covers the controls to be effected on each shift in mines where there is the risk of firedamp or other toxic, explosive or inflammable gases. The Committee requests the Government to supply information on the manner in which effect is given to this provision, which not only covers the contingencies established in NR 22.24.24 but also covers all mines according to the terms laid down by Article 1(a) and (b) of the Convention.

Article 10(c). System to enable the names of all persons who are underground to be accurately known at any time. Noting that the Government’s report does not supply any information in this respect, the Committee requests the Government to supply information on the effect given to this provision.

Article 10(d) and (e). Investigation and report on accidents and dangerous occurrences. The Committee requests the Government to supply information on the manner in which effect is given to these provisions of the Convention as regards dangerous occurrences.

Article 11. Regular health surveillance of workers. The Government states that NR 22.3.6 lays down the obligation to formulate and implement the Occupational Health Medical Programme (PCMSO) pursuant to the terms of NR 7. The Committee recalls that the regular health surveillance of workers is compulsory under the terms of the Convention and requests the Government to indicate whether the formulation of the PCMSO is compulsory and indicate the manner in which it is implemented in practice.

Article 12. Two or more employers in the same workplace. The Committee notes that NR 22.3.5 gives effect to this Article of the Convention with regard to subcontracting. The Committee requests the Government to indicate the manner in which effect is given to this Article in cases involving the presence of two or more employers without the use of subcontracting.

Article 13(1)(a). Right of the workers to report accidents, dangerous occurrences and hazards to the employer and to the competent authority. The Committee notes the Government’s indication in its report that section 22.4.1(b) of NR 22 states that workers have the duty to report situations to their hierarchical superior that they consider to represent a health and safety hazard. The Committee points out to the Government that this provision does not establish an obligation but a right, and that this right consists of notifying not only the hierarchical superior but also the competent authority. The Committee therefore requests the Government to supply information on the manner in which effect is given to this provision, including notification of the competent authority with regard to the eventualities covered by this paragraph of the Convention.

Article 13(1)(b). Right to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the employer and the competent authority. The Committee notes that the report refers to section 22.4.1(a) of NR 22, which does not specifically guarantee this right. The Committee requests the Government to provide detailed information on the effect given to this provision, with respect to both the employer and the competent authority.

Article 13(2)(c). Right to have recourse to advisers and independent experts. The Committee notes that the report does not contain any information on the manner in which effect is given to this provision. The Committee requests the Government to supply information on the effect given to this provision.

Article 13(2)(f). Right to receive notice of accidents and dangerous occurrences relevant to the area for which they have been selected. The Committee requests the Government to supply information on the effect given to this provision in relation to dangerous occurrences.

Part V of the report form. Application in practice. The Committee notes the information supplied by the labour inspectorate, whose work focused essentially on the states of Espírito Santo, Bahia and Minas Gerais on account of the scale of mining activities in these states. The Committee requests the Government to provide a general description of the manner in which the Convention is applied in its country. It also requests the Government to provide information on the number of workers protected by the measures that give effect to the Convention, indicating the number of workers involved in small and medium-sized mines and the manner in which the Government applies these measures to this sector.