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

Safety and Health in Mines Convention, 1995 (No. 176) - Portugal (Ratification: 2002)

1. The Committee notes the information supplied in the Government’s first report, the documentation attached to the report and the observations of the General Confederation of Portuguese Workers (CGTP). The CGTP raises objections about the application of the provisions on the evacuation of workers to a safe place when their health and safety are threatened, and the provisions to ensure that workplaces are healthy and safe (Article 7, paragraphs (c), (d) and (e), Article 8 and Article 10, paragraphs (a), (b) and (c)); the absence of special rules on safety and health representatives in mines; and the application of provisions on the selection and rights of health and safety representatives (Article 13, paragraphs 1 and 2(b), (c), (d) and (f)). In view of the above observations and the Government’s response to them, and having examined the Government’s first report, the Committee would appreciate receiving additional information on the following points.

2. Article 7, paragraph (c), of the Convention. Measures to maintain the stability of the ground. The Committee notes that, according to the CGTP, the specific provisions on health and safety in mines in the national legislation are not consistent with this Article of the Convention. The Committee notes in this connection that the regulations on health and safety in mines (Legislative Decree No. 162/90) appear to make no reference to steps to be taken in order to maintain the stability of the ground in areas to which persons have access in the context of their work. The Committee requests the Government to indicate the measures taken or envisaged to ensure that full effect is given to this Article of the Convention.

3. Article 7, paragraph (d). Provision for two exits, each of which is connected to separate means of egress to the surface. The Committee notes that in response to the CGTP’s observations on this matter, the Government refers to section 7(7) of Legislative Decree No. 162/90, and section 5 of Order No. 198/96 setting minimum standards on emergency exits, which appear to give effect to this provision of the Convention. The Government is requested to provide further information on the application of these provisions in practice.

4. Article 7, paragraph (e). Monitoring, assessment and regular inspection of mines and Part V of the report form. Practical application. The Committee notes that in response to the CGTP’s observations on this matter, the Government refers to sections 24, 39, 46, 130 and 44 of Legislative Decree No. 162/90, which contains provisions applying this Article of the Convention. In view of the CGTP’s observations, the Committee requests the Government to provide statistics and extracts of inspection reports, information on the number of workers covered by the legislation, disaggregated by sex, if available, the number and nature of contraventions reported and any information enabling the Committee to better assess the manner in which practical effect is given to the Convention throughout the country.

5. Article 8. Preparation of specific emergency response plans. The Committee notes that in response to the CGTP’s observations on this matter, the Government states that it sees no need to provide for specific measures in the event of emergencies in mines. The Committee requests the Government to indicate the measures taken or envisaged to ensure that full effect is given to this Article of the Convention.

6. Article 10, paragraph (a). Training and instruction of miners. The Committee notes that in response to the CGTP’s observations on this subject, the Government refers to section 278(1) of the Labour Code under which for high risk work, employers are required to provide ongoing instruction for workers. This provision is supplemented by section 217 of Act No. 35/2004, which provides that pursuant to section 278(1) of the Labour Code, account must be taken of the size of the enterprise and the specific needs in the event of emergency, and by section 6 of Legislative Decree No. 324/95, which specifies that miners are entitled to receive proper instruction. The Government is asked to provide more detailed information on the practical effect given to these provisions.

7. Article 10, paragraph (b). Supervision of mine work. The Committee notes that in answer to the CGTP’s observations on this subject, the Government refers to section 190 of the Labour Code containing general provisions on the organization of shift work. The Committee requests the Government to indicate the measures taken or envisaged to ensure that full effect is given to this Article of the Convention. 

8. Article 10, paragraph (c). System whereby the names and location of persons underground can be known. Section 45(1) of Act No. 198/96 stipulates that the names of workers who are underground must be known at all times. The Committee reminds the Government that according to Article 10, paragraph (c), of the Convention, a system must be established so that the names of all persons who are underground can be accurately known at any time, as well as their probable location. The Committee requests the Government to indicate the measures taken or envisaged to ensure that this Article of the Convention is fully applied.

9. Article 13, paragraph 1(e). Right of workers to remove themselves from any location posing a serious danger, and Article 13, paragraph 2(b), (c), (e) and (f). Selection and duties of safety and health representatives in mines. The Committee notes that in answer to the CGTP’s general observations on this matter, the Government refers to the general provisions of the Labour Code and the Legislative Decree No. 162/90, which appear to give effect to these provisions of the Convention. The Government is asked to provide more detailed information on the practical effect given to these provisions.