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C176 Occupational Safety and Health in Mines Convention, 1995

Occupational Safety and Health in Mines (Note: Date of entry into force: 05:06:1998)
Place: Geneva Session of the Conference
: 82
Date of adoption: 22:06:1995 Subject
: Health and safety at work
See the ratifications for this Convention Display the document

in: English French
Status: instrument This Convention was adopted after 1985 and is believed to be current.
The General Conference of the International Labour Organization:


convened at Geneva by the Governing Body of the International Labour Office and having met in that city on June 6, 1995, in his eightieth second meeting;


Noting the conventions and relevant international labor, and in particular the Convention on the Abolition of Forced Labour Convention, 1957, the Convention and Recommendation on the Protection Against Radiation, 1960, the Convention and Recommendation on the protection of machinery, 1963, the Convention and Recommendation Benefits of occupational accidents and diseases, 1964, the Convention and Recommendation on the Minimum Age (Underground Work), 1965, the Convention Medical Examination of Young Persons (Underground Work), 1965, the Convention and Recommendation on the environment work (Air Pollution, Noise and Vibration), 1977, the Convention and the Occupational Safety and Health, 1981, the Convention and Recommendation on health services, 1985, the Convention and Recommendation Asbestos, 1986, the Convention and the Occupational Safety and Health in Construction, 1988, the Convention and Recommendation on chemicals, 1990, and the Convention and Recommendation on the prevention of major industrial accidents, 1993;


Considering that workers have the need and right to be informed, trained, as well as genuine consultation and participate in the preparation and implementation of health and safety measures relating to hazards and risks in the mining industry;


Recognizing that it is desirable to prevent any fatalities, injuries or ill health of workers or population or damage to the environment that has its origins in mining operations;


Given the need for cooperation between the International Labour Organization, the World Health Organization, the International Atomic Energy Agency and other relevant institutions and taking note of relevant instruments, codes of practice, codes and guidelines published by these organizations,


Having decided upon the adoption of certain proposals with regard to safety and health in mines, an issue which is the fourth item on the agenda of the meeting, and


Having determined that these propositions in the form of an international Convention dated June 22 of 1995, the following Convention, which may be cited as the Occupational Safety and Health in Mines Convention, 1995:


Part I.

Definitions Article 1



1. For the purposes of this Convention, the term mine covers:


a) sites, underground or surface, in which are carried out, in particular, the following activities:


i) exploration for minerals, excluding oil and gas, which involves soil disturbance by mechanical means;


ii) extraction of minerals, excluding oil and gas;


iii) preparation, including crushing, grinding, concentration or washing of extracted materials, and

b
) all machinery, equipment, accessories, equipment, 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, and as appropriate, the manager of the farm, the main contractor, the contractor or subcontractor.


Part II. Scope and means of implementing Article 2





1. The present Convention shall apply to all mines.


2. After consulting the representative organizations of employers and workers concerned, the competent authority of a Member which ratifies the Convention:


a) may exclude the application of the Convention or certain provisions thereof categories of mines if the overall protection afforded in these mines, in accordance with national law and practice, not be lower than the full implementation of the provisions of the Convention;


b) shall, in case of exclusion of certain categories of mines pursuant to paragraph a) above, make plans for progressively covering all mines.


3. Each Member which ratifies this Convention and to accept the option provided for in paragraph a) of paragraph 2 above shall indicate in its reports on the implementation of the Convention submitted under article 22 of the Constitution of the International Labour Organisation, any particular category of mines thus excluded and the reasons for such exclusion.


Article 3


Taking into account national conditions and practice, and after consulting the most representative organizations of employers and workers concerned, the Member shall formulate, implement and periodically review a coherent national policy safety and health in mines, particularly as regards measures to give effect to provisions of this Convention.


Article 4


1. Measures to ensure implementation of the Convention shall be prescribed by national legislation.


2. Where appropriate, such legislation must be completed:


a) technical standards, guidelines or codes of practice, or


b) other means of application consistent with national practice,


as established by the competent authority .


Article 5


1. The national legislation referred to in paragraph 1 of Article 4 shall designate the competent authority to monitor and regulate the various aspects of safety and health in mines.


2. Such legislation should include provisions concerning:


a) monitoring the safety and health in mines;


b) the inspection of mines by inspectors designated for that purpose by the competent authority;


c) procedures for notification and investigation of fatal or serious accidents, hazardous incidents and disasters in the mines, as defined by national legislation;


d) the compilation and publication of statistics on accidents, occupational diseases and dangerous incidents, as defined in national legislation;


e) the competent authority's power to suspend or restrict, for reasons of safety and health mining activities, while not been addressed circumstances causing the suspension or restriction, and


f) establishment of effective procedures to ensure the exercise of the rights of workers and their representatives to be consulted on issues and participate in measures relating to safety and health at workplace.


3. Such legislation should provide that the manufacture, storage, transport and use of explosives and detonators in the mine shall be carried out by trained and authorized personnel or under their direct supervision.


4. Such legislation should specify:


a) requirements relating to mine rescue, first aid and medical services:


b) the obligation to provide and maintain adequate self-rescue respirators for workers in mines underground coal and, if necessary, in other underground mines;


c) protective measures to ensure the safety of abandoned mines in order to eliminate or minimize risks to safety and health;


d) requirements for storage, transport and disposal, safe of hazardous substances used in the production process and waste produced at the mine, and


e) where applicable, the obligation to provide and maintain hygienic condition sufficient sanitary and washing facilities, change and eat.


5. Such legislation should provide that the employer responsible for the mine must ensure to prepare appropriate plans of operation before commencing operations and each time there is a significant change and that they are updated periodically and kept available in the workplace.


Part III. Prevention and protection measures at the mine


A. Responsibilities of employers


Article 6


In adopting preventive and protective measures provided for in this part of the Convention, the employer should assess the risk and deal in the following order of priority:


a) eliminate the risk;


b) control risks at source;


c) reducing risks to a minimum through measures including the development of safe work practices and


d) in so far as the risk, consider the use of protective equipment personal


considering what is reasonable, practicable and feasible and what is consistent with good practice and the exercise of due diligence.


Article 7


The employer shall take all necessary measures to eliminate or minimize risks to safety and health in the mines under its control, including:


a) ensure that the mine is designed, constructed and provided with electrical, mechanical and other measures, including a communication system, so that ensure safe operation and a safe working environment;


b) ensure that the mine is commissioned, operated, maintained and closed so that workers can perform the tasks without compromising its safety and health or that of others;


c) take measures to maintain stability of the ground in areas that people have access for work;


d) establish, where possible, two exits from every underground workplace, each of which is connected to a separate means of egress to the surface;


e) ensure the monitoring, evaluation and regular inspection of the work environment to identify the various hazards to which workers may be exposed, and evaluate the degree of exposure to those risks;

f) ensure adequate ventilation in all underground workings to which it is allowed access;


g) in areas exposed to special risks, develop and implement an operating plan and procedures to ensure system security work and protection of workers;


h) take measures and precautions appropriate to the nature of the mining operation to prevent, detect and combat the outbreak and spread of fires and explosions e


i) ensure the disruption of operations and evacuation of workers to a safe place in case of serious danger to the safety and health of them.


Article 8


The employer shall prepare an emergency action plan specific to each mine to deal with natural disasters and industrial reasonably predictable.


Article 9


When workers are exposed to physical, chemical or biological, the employer must:


a) inform workers understandably risk associated with their work, the hazards they pose to their health and the prevention and protection measures applicable;


b) take necessary measures to eliminate or minimize hazards from exposure to these risks;


c) providing and maintaining at no cost to workers, equipment, clothing as needed and other suitable protective devices that are defined in national law, where protection against risks of accident or injury to health, including exposure to adverse conditions can not be ensured by other means, and


d) provide workers who have suffered an injury or illness in the workplace first aid on site an adequate means of transportation from the workplace and access to medical services.


Article 10


The employer shall ensure that:


a) the worker is at no cost to them, programs appropriate training and retraining and comprehensible instructions on safety and health as well as in relation to the tasks assigned to them;


b) are carried out in accordance with national legislation, monitoring and control appropriate in each shift to ensure that the exploitation of the mine is carried out safely;


c) establish a system to be accurately known at any time the names of all persons who are underground and as their probable location;


d) investigate all accidents and dangerous occurrences, as defined in national legislation, and to take appropriate remedial action, and


e) be submitted to the competent authority a report on accidents and dangerous occurrences in accordance with that prescribed by national legislation.


Article 11


According to general principles of occupational health and in accordance with national legislation, the employer must ensure that is carried out systematically monitoring the health of workers exposed to the risks inherent in mining activities.


Article 12


When two or more employers operating in the same mine, the mine employer shall be responsible for coordinating the implementation of all measures relating to safety and health of workers and will also have primary responsibility in relation to security operations. This does not relieve individual employers of the responsibility for implementing all measures relating to safety and health of workers.


B. Rights and obligations of workers and their representatives


Article 13


1. National legislation referred to in Article 4 shall give workers the right to:


a) to report accidents, dangerous occurrences and hazards to the employer and the competent authority;


b) request and obtain, where there is cause for concern on safety and health, the employer and the competent authority made inspections and investigations;


c) know the risks in the workplace that may affect their health or safety, and be informed thereof;


d) information on their safety and health held by the employer or the competent authority;


e) withdraw from any area of \u200b\u200bthe mine when reasonable grounds for believing that the situation poses a serious threat to their safety or health, and


f) to collectively select safety and health representatives.


2. The health and safety representatives referred to in paragraph f) of paragraph 1 above shall, in accordance with national legislation, entitled:


a) to represent workers in all aspects of security and health in the workplace, including, where appropriate, the exercise of the rights contained in paragraph 1 above;


b) to:


i) participate in inspections and investigations conducted by the employer and the competent authority in the place of work, and


ii) monitor and investigate matters relating to safety and health;


c) to have recourse to advisers and independent experts;


d) to hold consultations with the employer about issues safety and health, including policies and procedures in this matter;


e) to consult the competent authority and


f) to receive notification of accidents and dangerous occurrences relevant to the sectors for which have been chosen.


3. The procedures for exercising the rights provided for in paragraphs 1 and 2 above shall be specified:


a) national legislation and


b) through consultations between employers and workers and their representatives.


4. National legislation must ensure that the rights provided for in paragraphs 1 and 2 above can be exercised without discrimination or retaliation.


Article 14


National legislation must provide that employees have, in accordance with their training, the obligation to:


a) to abide by safety and health measures prescribed;


b) to take reasonable care for their own safety and health and that of those who may be affected by their acts or omissions at work, including the use and care of protective clothing, facilities and equipment placed at their disposal for this purpose;

c
) to report forthwith to their immediate supervisor any situation which they believe could pose a risk to health or safety or that of others and can not properly deal with themselves, and


d) to cooperate with the employer to permit compliance with the duties and responsibilities assigned to it pursuant to the provisions of this Convention.


C.


Cooperation Article 15


measures should be taken in accordance with national legislation, to encourage cooperation between employers and workers and their representatives to promote safety and health in mines.


Part IV. Application


Article 16


The Member shall:


a) take all necessary measures, including sanctions and corrective measures to ensure the effective implementation of the provisions of the Convention and


b) facilitate appropriate inspection services to oversee the implementation of measures to be taken under the Convention, and provide the resources necessary to carry out their duties.


Part V. Final provisions Article 17





The formal ratifications of this Convention shall be communicated to the registration, the Director General of the International Labour Office.


Article 18


1. This Agreement shall be binding only upon those Members of the International Labour Organization whose ratifications have been registered with the Director General of the International Labour Office.


2. Enter into force twelve months after the date on which the ratifications of two Members have been registered with the Director General.


3. Thereafter, this Convention shall enter into force for any Member twelve months after the date on which its ratification has been registered.


Article 19


1. Each Member which has ratified this Convention may denounce it after a period of ten years from the date on which the Convention first comes into force, by an act communicated to registration, the Director General of the International work. The denunciation shall not take effect until one year after the date on which it is registered.


2. Each Member which has ratified this Convention and, within one year after the expiration of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article shall be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years, as provided in this article.


Article 20


1. The Director General of the International Labour Office shall notify all Members of the International Organisation of the registration of all ratifications to him by the Members of the Organization.


2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director General shall draw the attention of the Members of the Organization on the date you enter into force of this Convention.


Article 21


The Director General of the International Labour Office shall notify the Secretary General of the United Nations, for the purposes of registration in accordance with Article 102 of the Charter of the United Nations, information full particulars of all ratifications and acts of denunciation you have registered in accordance with the preceding article.


Article 22


Whenever deemed necessary, the Governing Body of the International Labour Office shall present to the Conference a report on the implementation of the Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.


Article 23


1. Should the Conference adopt a new Convention revising this Convention in whole or in part, and unless the new Convention otherwise provides:


a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 19, when the new revising Convention shall come into force;


b) from the date of entry into force of the new Convention revising this Convention shall cease to be open to ratification by the Members.


2. This Agreement shall continue in force in any case, in form and content for those Members which have not ratified the revising Convention.


Article 24


The English and French texts of this Convention are equally authoritative.



Cross references Conventions: C105 Abolition of Forced Labour, 1957
Conventions: C115 Protection Convention, 1960
Conventions: C119 Convention on the protection of machinery,
1963 Conventions: C121 Convention Benefits of occupational accidents and diseases,
1964 Conventions: C123 Minimum Age (Underground Work), 1965
Conventions: C124 Medical Examination of Young Persons (Underground Work), 1965
Conventions: C148 Convention Working Environment (Air Pollution, Noise and Vibration)
1977 Conventions: C155 Occupational Safety and Health, 1981
Conventions: C161 Convention Health Services, 1985
Conventions: C162 Asbestos Convention, 1986
Conventions: C167 Occupational Safety and Health in Construction, 1988
Conventions: C170 Chemicals Convention, 1990
Conventions: C174 Convention on the Prevention of Major Industrial Accidents, 1993
Recommendations: R114 Protection Recommendation, 1960
Recommendations: R118 Protection Recommendation Machinery, 1963
RECOMMENDATIONS: R121 Recommendation Accident Benefits and diseases, 1964
Recommendations: R124 Minimum Age Recommendation (Underground Work) Convention, 1965
Recommendations: R156 Working Environment (Air Pollution, Noise and Vibration), 1977
Recommendations: R164 Occupational Safety and Health, 1981
RECOMMENDATIONS: R171 Recommendation on health services, 1985
Recommendations: R175 Occupational Safety and Health in Construction, 1988
RECOMMENDATIONS: R177 Chemicals Recommendation, 1990
RECOMMENDATIONS: Recommendation R181 accident prevention Major Industrial
1993 Constitution: 22

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