Individual Case (CAS) - Discussion: 2015, Publication: 104th ILC session (2015)

A Government representative expressed her appreciation for the work of the Committee of Experts and the Conference Committee. Referring to legislation, she indicated that Republic Act No. 7942 (Mining Act) of 1995, and its Implementing Rules and Regulations, and Department of Environment and Natural Resources (DENR) Administrative Orders Nos 2010-21 and 2000-98 gave effect to the Convention. The DENR Administrative Order, or DAO, 2000-98 was the Mine Safety and Health Standards Order, which mandated the competent authority, the Mines and Geosciences Bureau (MGB) of the DENR, to enforce safety and health measures in the exploration, mining, quarrying, mineral processing and other allied or related services. With regard to the preparation of appropriate plans of working by the employer under Article 5(5) of the Convention, these must be submitted by mining firms. Detailed plans for work programmes were evaluated by the MGB prior to the approval of applicable contracts and relevant permits. With regard to Article 7(a) of the Convention, part of the duties of the employer under DAO 2000-98 was to assess all safety and health risks in all of its workplaces, and to involve the safety engineer in the preparation of risk assessment regarding the design, alteration, selection or modification of processes, construction of structures, installation of machinery and equipment. A plan was required to be kept at the mine showing the location of all permanently installed electrical machinery and apparatus in connection with the mine’s electrical system. All mining firms had at least one safety engineer and one safety inspector who had undergone the required 40-hour training on basic occupational safety and health in the mines (BOSH), and held the required licence and mining operation experience.

With regard to Article 10(c) of the Convention, the “chapa” system was a traditional method of accounting for workers underground and was still being used by some mining firms today. Under the “chapa” system, underground miners were grouped into teams led by a foreman who reported to a shift boss, who in turn reported the location, type of activity and details on each team to the mine supervisor. Each mineworker had a pair of “chapa” metal chips, similar to those used by the army, with the miner’s number. One “chapa” was deposited at the entrance to shafts or portals and placed at a location map indicating the work area of a team or a certain miner. The mineworker would keep the duplicate. The “chapa” was also used for the issuance of chargeable miners’ lamps with effective usage of eight hours. The depository for “chapas” was usually located near the mine entrance or shaft, where security guards were posted. Other mining firms used logbooks, which were kept at the entrance to shafts or portals, recording the miner and his/her assigned work area. A system of radio communication was a requirement for underground mines. At present, most mining firms used electronic devices for accuracy, in lieu of the traditional punch card, in entering or exiting mine sites. All underground workers had a designated work area specified in daily reports, and shift bosses, supervisors and safety officers closely monitored each work area. As had been noted by the Committee of Experts, some provisions of the Convention were not explicitly specified in national laws, rules and regulations. The Government would thus integrate in the proposed bills to criminalize Occupational Safety and Health (OSH) violations, the responsibility of employers to ensure that mines were designed and constructed safely and provided conditions of safe operation and a healthy working environment, including the right of workers and their representatives to report accidents. The Mine Safety and Health Standards Order and DAO 2010–21 were being reviewed by the MGB, in coordination with the Department of Labor and Employment (DOLE), to identify gaps and to bring the regulations into conformity with Convention No. 176. The review and completion of the work, including the widest possible consultation, was envisaged within the year. A Joint Memorandum of Agreement between the DOLE and the DENR for closer coordination to further strengthen safety and health in the mines, given the noted increase in the number of work accidents, would be worked out. This was a new mechanism for coordinating effective application of the Convention and was expected to be completed within the year. It would include action by the MGB to restore the accreditation system for service contractors in the mines so as to ensure compliance with Article 12 of the Convention. Moreover, the “incentive and penalties” approach would be enhanced by the MGB to prevent work accidents in the mines or at mill sites. The MGB regional offices conducted quarterly monitoring of mining operations within their respective jurisdictions, while the MGB Central Office audited safety and health, and environmental and social development management. From 2010 to 2014, a total of 74 audits had been conducted. The MGB had also issued suspension orders and had brought criminal charges for violations of the mining law. As part of the coordinated efforts by the DOLE, the potential of existing tripartite mechanisms in the mining industry, including the Mining Industry Tripartite Council (MITC) would be further harnessed. At present, the tripartite council for the mining sector in the Caraga region, host to 43 mining sites employing approximately 17,700 workers, excluding contractors and subcontractors, had a voluntary code of good practice on observing freedom of association and dispute resolution, and through its Chamber of Mines, functioning as the Mines OSHNET, regularly conducted the 40-hour basic OSH training for member firms. As of 2014, a total of seven rounds of BOSH training had been conducted in the Visayas and Mindanao regions benefiting 405 safety engineers, inspectors and managers in 179 enterprises.

The Government representative acknowledged that much still needed to be done and requested technical assistance from the ILO for capacity-building for mine health and safety inspectors, unions and employers, as well as in developing better safety and health standards in the mines and on advocacy for compliance. The Government was firmly committed to ensuring compliance with safety and health standards in all industries. The Government also had an ongoing engagement with the Government of the Republic of Korea to enhance Philippine occupational safety and health policies, particularly with regard to industrial accident prevention, workplace improvement and accident compensation. The Government was also engaged with its neighbours through its active participation in the Association of Southeast Asian Nations ASEAN–OSHNET. In conclusion, the speaker indicated that, as requested by the Committee of Experts, the Government would submit a detailed reply in 2016 with regard to the Convention.

The Worker members welcomed the information provided by the Government on the application of the Convention. However, it was difficult for them to assess the information and be sure that it met the requirements of the Convention. Convention No. 176 was a technical Convention, but the life and health of many workers depended on its proper application. That was why they were anxious to expose any failure to apply the safety and health policy in mines in the Philippines. To begin with, there were serious shortcomings from the juridical standpoint: although the country had ratified the Convention, it had still not incorporated it into its domestic legislation, and implementation was based simply on an administrative order issued by the DENR. Secondly, there were some major technical shortcomings in the administrative order. For example, according to the order, all employers in charge of mines had to submit an annual safety and health programme that comprised rules for the organization and management of the environmental risk involved, but there was no requirement that they prepare plans of workings such as were called for in Article 5(5) of the Convention. Moreover, the existing provisions did not require the employer to ensure that the mine was provided with electrical, mechanical and other equipment so as to provide conditions for safe operation and a healthy working environment, as stipulated in Article 7. In reference to Article 10(c) of the Convention, the Government stated that employers had to set up security posts at the main entrance to underground mines and keep a register of the daily hours of work of each worker. However, it had not provided any information on how the probable location of each worker could be ascertained or on the technical system that was used in most underground mining operations. Furthermore, the Government had provided no information on any regulations for implementing Articles 13(1)(a) and 13(2)(f). Lastly, the Government had not provided accurate information on accidents in the mining sector for the 2012–13 fiscal year. The number of accidents had risen sharply and that increase had most likely been aggravated by the boom in small unregulated mines that resorted extensively to subcontracting. Finally, the Worker members regretted that the Government had not indicated what steps it had taken or planned to take in order to tackle the increase in work accidents in the country’s fast-expanding mining sector.

The Employer members thanked the representative of the Government of the Philippines for the detailed information provided. They stressed that this case was about doing the right thing before tragedies happened, such as the tragic accident that had occurred at the Pike River Mine in New Zealand on 19 November 2010, where 29 miners had lost their lives. The Government’s report that had been submitted to the Committee of Experts had not provided enough information to assess whether there was full compliance with the Convention. Laws in the Philippines gave effect to some provisions of the Convention, but not all provisions. The traditional system, known as the “chapa” system, used to designate work areas was not used systemically in the country. Laws and orders needed attention to ensure that they complied with all the provisions of the Convention. Given that workers in a mine needed to know that they would be rescued in the event of an accident, and that the key to being rescued quickly was the security of knowing the names and probable location of workers in a mine, the Employer members called upon the Government to work effectively towards full compliance with all provisions of the Convention, including the establishment of a system to record the names of workers and their probable location in the mine.

The Worker member of the Philippines said that, since the enactment of the Republic Act No. 7942 (Mining Act) in 1995, investment and expansion in the mining sector had been increasing. According to mining industry statistics from the MGB, employment in the mining sector had increased from 130,000 workers in 1997 to 250,000 workers in 2013, but had fallen to 235,000 workers in 2014. The health and safety of Filipino workers in the mining sector had yet to be seriously addressed. While he recognized the efforts of the DOLE to ensure compliance with existing labour laws, they needed to be reviewed and enhanced. Recalling the 13 May 2015 factory fire which had taken the lives of 72 workers, he said that more needed to be done for workers. In Compostela Valley, there had been cases of landslides and caving in which were a direct result of mining activities and had led to deaths. Small-scale mining was pervasive in the area with serious health issues among the major concerns. A mobile clinic and an occupational safety and health audit in the area, conducted by the Federation of Free Workers (FFW) through its unions in the health sector and in cooperation with the Occupational Safety and Health Centre, had revealed that many children and others who had worked in open-pit mines had levels of mercury and lead in their blood that were way beyond the allowable levels. Exposure to hazards and accidents had happened because of the lack of a comprehensive law that genuinely promoted the welfare of workers. Although the Labour Code and the Mining Act provided some general provisions on occupational safety and health, not all provisions of the Convention had yet been incorporated into domestic legislation. A draft code on safety and health in the workplace had been proposed more than two decades ago. The draft bill had however never been passed into law. Although there was a pending bill in the House of Representatives on a proposed new law on safety and health endorsed by the tripartite social partners, it was still awaiting deliberation. It was imperative that the Government exert more effort to protect workers’ occupational safety and health by adopting a code on occupational safety and health in compliance with Convention No. 176 and other international commitments and by imposing higher penalties, including imprisonment, in cases of violations. New legislation should not only include corporate mining but also small-scale mining, as the Convention applied to all mines. Technical assistance from the ILO, as well as workers’ capacity-building on OSH issues, was requested. Moreover, the speaker emphasized the need to strengthen the voice of workers by strengthening freedom of association and collective bargaining in the mining sector. Unions would help in making employers comply with labour laws, including those on safety and health in the workplace. OSH committees with union representatives should be institutionalized. It was a major concern for trade unions that subcontracting of labour was widespread in the mining sector. An example was given of a mining firm in Agusan where the FFW had successfully organized workers in the mines. However, the management of the mining firm had refused to recognize the union, saying that they were not employees of the mining firm, but rather employees of the illegal manpower agency operating within the firm, disguised as a cooperative. This case was still pending in court.

The Employer member of the Philippines welcomed the comprehensive and positive information provided by the Government to the Committee. While the Employers had a positive attitude towards the Committee of Experts’ report, he referred to the comments of the Committee of Experts on the application of the Convention by the Philippines and considered that there was no real violation of the Convention to be detected. With regard to the design of a working plan which contained elements on organizational rules and risk management in mine operations by employers, he indicated that this requirement referred to simple administrative procedures with which employers would comply voluntarily in a speedy manner. As to the responsibility of employers to ensure that mines were planned and constructed in a manner that would ensure safe operations and a healthy working environment, he observed that this was a responsibility that mining companies assumed even before starting operation at a mine, as the Government only had a permit to bring a mine into operation if the installation requirements set forth had been met. Turning to the requirement to establish a recording system for names and probable locations of all persons working underground, he assumed that, once technical progress had been made, the mining companies would establish such a system. In that regard, he added that no report existed on the loss of workers in the mines. Coming to the right of workers to report accidents, dangerous occurrences and hazards to the competent authority, he thought that this was a non-issue, since no report highlighted that this right was suppressed in the country. Moreover, its exercise was in the best interest of all, Government, employers and workers. He added that the tripartite partners were ready to engage in dialogue in order to take further measures to prevent accidents. In summary, in his views, the comments of the Committee of Experts had more the character of a “gentle reminder” to the Government and employers to improve and maximize safety and health in mines. In that respect, he said that the Employers’ Confederation of the Philippines (ECOP), the umbrella organization for employers’ organizations in the country, would hold a seminar in June 2015 on occupational safety and health matters, focusing on risk prevention, in order to promote the implementation of occupational safety and health standards and ILO Conventions on this subject. Moreover, the Employers endorsed a bill to criminalize violations of occupational safety and health standards, which also highlighted the Employers’ commitment to social justice.

The Government member of Singapore welcomed the efforts made by the Government to enhance the safety standards of workers in the mining industry, along with the steps taken to implement the Convention. In particular, she noted the enhancement of the “incentive and penalties” approach to encourage greater compliance by mining companies. The Government was reviewing the rules and regulations to bring them into conformity with the Convention. This should be done in consultation with the relevant stakeholders. In conclusion, the speaker requested the Government to provide the information requested by the Committee of Experts and to avail itself of technical assistance from the ILO.

The Worker member of Japan expressed his sympathy and support for the deplorable working conditions of workers in the mining sector in the Philippines, especially in the unregulated small-scale mining sector. The country was identified as having high mineral potential, with 9 million hectares of land containing untapped mineral resources. Employment in this sector had increased from 130,000 workers in 1997 to 252,000 workers in 2012, indicating an annual increase of 9.6 per cent. Although legislation to ensure safety and health in mining, quarrying and related activities was in place, both implementing rules and regulations and practice needed to be aligned with the spirit of the Convention. He pointed out that data revealing the incidence of accidents, as noted by the Committee of Experts, only covered reports from large mining firms, while serious and fatal accidents occurring in the small-scale mining sector went unreported. The Government’s tripartite approach, though laudable, did not appear to be effective in the mining sector owing to the low unionization rate of less than 5 per cent. The low unionization rate was attributed to the fact that workers were supplied by manpower agencies and cooperatives, and to other precarious working arrangements. Finally, he urged the Government to align its laws and practices and to comply with its obligations under the Convention.

The Government member of the Republic of Korea indicated that the Republic of Korea had supported the reforms undertaken by the Government, through a technical cooperation programme, to develop policies to prevent industrial accidents, improve workplaces and provide industrial accident compensation. In addition, training for OSH personnel within the Philippine Department of Labor and Employment was provided by the Korean Occupational Safety and Health Agency (KOSHA). The technical cooperation programme and technical assistance would give OSH personnel the skills to ensure compliance with the Convention. The Worker member of Indonesia said that, by the end of 2015, the Philippines and Indonesia would be part of a single market within the framework of ASEAN. This would mean increased flows of goods, services, investments and skilled labour that would have an impact on the labour market. As a consequence, the demand for global workers would increase. It was important, then, to ensure that there were stronger safety and health policies in place to avoid accidents and deaths. As indicated in the Report of the Director-General on the future of work, 2.3 millions people in the world died every year as a result of work-related accidents. The direct cost of occupational illness and accidents had reached US$2,800 billion worldwide. Mining and construction were considered the most dangerous industries along with transport and services. He called on the Government to take the necessary steps to provide workers with adequate protection and to adopt a comprehensive law on occupational safety and health that included adequate penalties. Moreover, in conformity with the Convention, participation by workers’ representatives in inspections and investigations must be ensured. To that end, it was essential for independent unions to exist in the country. This was not the case in the Philippines, where workers, including contract workers, were not organized. He concluded by highlighting the fact that accidents usually occurred in workplaces where unions were absent, banned or discouraged.

The Government member of Indonesia expressed support for the Government’s initiatives to improve implementation of the Convention. As a member of ASEAN, the Philippines participated in ASEAN-OSHNET which aimed to ensure cooperation among national OSH institutions undertaking research or disseminating information. Within this framework, since 2010, the Philippines had provided training programmes on OSH both to ASEAN member States and to third countries. This cooperation would facilitate implementation of the provisions of the Convention in the broader context of the ongoing reform of the labour law compliance system. The ILO should continue supporting and cooperating with governments to secure the implementation of the Convention.

The Worker member of Malaysia said that the statistical information on the number of accidents, both fatal and non-fatal, in the mining industry, which had increased considerably from 2011 to 2013, did not include accidents occurring in the small-scale mining sector. Moreover, quoting some examples, he said that several incidents involving waste spillovers from large-scale mining firms had been documented. He stressed that unreported fatal accidents, especially in the small-scale mining sector, were due to poor governance and lack of Government capacity to carry out regular inspections. Referring to a study by a university in Manila, he said that corruption among officials in return for ignoring environmental regulations had led to more environmental disasters. He urged the Government to strengthen its laws and to align them with the provisions of the Convention. Efforts should be made to ensure the effective enforcement of laws covering all employers in the mining sector, whether big or small, through regular inspection with the involvement of trade union representatives.

The Government representative said that the discussion had been beneficial, as the Government was always keen to learn from the experiences of other countries that had ratified the Convention. This was particularly important for the continuing process of revising standards related to occupational safety and health. She underlined the Government’s commitment to improving the occupational safety and health system, including in the small-scale mining sector, in order to align it with the requirements and standards set out in the Convention. To that end, the Government was working at an accelerated pace that was sometimes difficult for the social partners to handle. However, tripartism was robust in the country, and consultations were held with the social partners on all legislative initiatives and other measures in the area of occupational safety and health. She added that, by the end of 2014, a training campaign for trade unions on occupational safety and health had been launched, with support from the United States Department of Labor and the ILO, and was expected to be expanded in 2015. She also mentioned that the competent authorities on research into occupational safety and health matters were tripartite in nature. In conclusion, the Government expected to be able to undertake the necessary reforms to fully comply with the Convention and would provide a detailed report to the Committee of Experts in 2016.

The Employer members recognized that any accident in mining, whether fatal or non-fatal, was unacceptable. They observed, however, that much had been done by the Government, together with the social partners, to improve the situation and hence meet the requirements set out in the Convention. A number of areas had been identified in which implementing regulations needed to be perfected, since they were not in full compliance with the Convention. To that end, they noted the Government’s extensive information on programmes and measures under way to build capacity in the area of occupational safety and health. The Government had also showed clear commitment to taking the necessary steps with the technical assistance it already had requested from the ILO. They therefore thought that the Government should finish its work and provide a report to the Committee of Experts in 2016, allowing the progress made to be examined further.

The Worker members indicated that, even though discussions on this case had been less contentious than on others, they were nevertheless extremely important given that the work in question was hard and invisible, exposing workers to considerable risks to their safety and health. Although the Convention was a technical one, it contributed to achieving the objectives of the ILO Constitution to the effect that no country should impose inhuman working conditions in any sector of activity. In that regard, it should be recalled that the issues of trade union freedom, collective bargaining and effective social dialogue were key at both national and local levels. In view of the increasing number of fatal and non-fatal accidents in the mining industry, the Government should formulate stronger policies in the area of occupational accidents with the aim of achieving zero deaths and should fully comply with its obligations under the Convention. To that end, the Government should adopt a framework law on occupational safety and health; ensure that employers prepared and updated plans of workings; require mines to be designed and equipped so as to ensure their safe operation and a healthy working environment; establish a system for recording the names and probable locations of all those working underground; organize regular inspection of all employers, large and small; and ensure that workers and their representatives were involved in investigations and inspections. In addition, the Government should provide further information on the measures taken or planned to respond to the increase in occupational accidents and on the application of the Convention in practice. It should also avail itself of ILO technical assistance.

Conclusions

The Government representative took due note of the conclusions and recommendations of the Committee. The Government was committed to carry out the necessary measures and would provide the requested detailed information to the Committee of Experts in 2016, together with a progress report on the actions undertaken to bring the legislation into conformity with the provisions of the Convention.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government in its latest report, including information on effect given to Article 9(a) and (b) of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regard to the Convention.

Article 5, paragraph 5. 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 latest report, as in previous reports, 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 on employers to submit a safety and health programme to the Director of Mines and Geosciences Bureau. The Committee reiterates its request that the Government 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.

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. The Committee notes that the Government has not provided information on measures to give effect to Article 7(a). The Committee asks the Government to provide information on whether employers are required to ensure that the mine is designed, constructed and provided with electrical, mechanical and other equipment, including a communication system, to provide conditions for safe operation and a healthy working environment, and to indicate the legislative measures that provide for this.

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 that the Government has not provided information on the legislative measures to give effect to Article 10(c). The Committee asks the Government to provide information on whether an employer is required to ensure that a system is established so that the names of all persons who are underground can be accurately known at any time, as well as their probable location, and to indicate the legislative measures that provide for this.

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 section 143 of DAO 96-40, mentioned in the Government’s latest report, as in its previous reports, contains requirements for relations between the principal employers and contractors. The Committee reiterates its request that the Government indicate measures taken or envisaged to ensure that whenever two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures concerning the safety and health of workers, and shall be held primarily responsible for the safety of the operations.

Article 13, paragraphs 1(a) and 2(f). The right of workers and their representatives, to report accidents, dangerous occurrences and hazards to the employer and to the competent authority. The Committee notes the information provided by the Government indicating that Administrative Order 2000-98 provides that workers, and their representatives, shall be given sufficient protection, so that their safety and health is not compromised. The Committee reiterates its request that the Government indicate measures undertaken to ensure that workers and their representatives have the right to report accidents, dangerous occurrences and hazards to the employer and to the competent authority.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government indicating the accomplishments of the Mines and Geosciences Bureau in the promotion of occupational health and safety for the period of 2007 and 2008. The Committee asks the Government to provide further information on the application of the Convention in practice, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents reported.

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.