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

Safety and Health in Mines Convention, 1995 (No. 176) - United States of America (Ratification: 2001)

1. The Committee notes with interest the comprehensive report of the Government. It requests the Government to provide clarifications and supplementary information in respect of the following points.

2. Article 7(a) of the Convention. Safe design and construction of mine. Please indicate the measures generally taken by employers to ensure that the mine is designed and constructed so as to provide conditions for safe operation and a healthy working environment.

3. Article 7(b). Decommissioning of mines and maintenance and operation of metal and non-metal mines. Please indicate the measures taken by employers to ensure that (a) mines are decommissioned in such a way that workers can perform the work assigned to them without endangering their safety and health or that of other persons and (b) metal and non-metal mines are maintained and operated in such a way that workers can perform the work assigned to them without endangering their safety and health or that of other persons.

4. Article 7(c). Maintenance of stability of the ground. The Committee notes that the Government has indicated that the regulations in 30 Code of Federal Regulations (C.F.R.), sections 56.3401, 57.3401 and 30 C.F.R., section 56.3131 prescribe measures to maintain the stability of the ground in surface coalmines. Please clarify whether such requirements are also applicable in respect of surface metal and non-metal mines and describe the measures prescribed for underground coal and metal and non-metal mines.

5. Article 7(e). Monitoring, assessment and regular inspection of the working environment. The Committee notes that the Government has indicated that the monitoring, assessment and regular inspection of the working environment in coalmines is required by several legislative provisions (30 United States Code (U.S.C.), section 863(d)(1), (e); 30 C.F.R., section 75.362 (a)(1), (b) and 30 C.F.R., section 77.1713). Please indicate the measures to be taken by employers in metal and non-metal mines to ensure the monitoring, assessment and regular inspection of the working environment to identify the various hazards to which the workers may be exposed and to assess their level of exposure.

6. Article 9(c). Provision of protective equipment and protective clothing. The Committee notes that the Government has indicated that the issue of the employer bearing the cost of protective equipment or clothing has not been addressed in the regulations. Therefore, please clarify whether in practice, the employer is required to provide and maintain suitable protective equipment and protective clothing, at no cost to the worker.

7. Article 10(e). Reports on dangerous occurrences. The Committee notes that the Government has indicated that the regulations in 30 C.F.R., Part 50 require notification to the Mine Safety and Health Administration (MSHA) of accidents, injuries and illnesses. Please clarify whether operators are also required to make reports to the competent authority in respect of dangerous occurrences.

8. Article 13, paragraph 1(a). Right of workers to report accidents, dangerous occurrences and hazards. Please indicate the specific provisions of legislation that guarantee to workers the right to report accidents, dangerous occurrences and hazards to the competent authority.

9. Article 13, paragraph 1(f). Right of workers to collectively select safety and health representatives. The Committee notes that the Government has indicated that the Mines Act authorizes the MSHA inspector to consult with a reasonable number of miners concerning matters of health and safety, in mines where there is no authorized miners’ representative (30 U.S.C., section 813(f)). It also notes that the Government has indicated that while the right referred to in Article 13, paragraph 1(f), is not granted to workers under the Mines Act or its regulations, they could have such a right under a collective bargaining agreement. The Committee wishes to draw the attention of the Government to the requirement of Article 13, paragraph 1, of the Convention that the rights referred to therein should be specifically guaranteed under national laws and regulations. Therefore, please indicate the measures taken or envisaged to grant to miners, the right to collectively select safety and health representatives under national laws and regulations.

10. Article 13, paragraph 2(a) to (f). Rights of safety and health representatives. The Committee notes that the Government has indicated that specific conditions and rights providing even greater protection are often negotiated within collective bargaining agreements between operators and unions. It has also indicated that a representative of miners is guaranteed the right to participate in certain inspections and investigations of the mine areas, to receive notices of accidents and dangerous occurrences and citations issued for violations of the Mine Act and to consult with the MSHA on safety and health matters (30 U.S.C., section 813). The Committee wishes to draw the attention of the Government to the requirement of Article 13, paragraph 2, of the Convention that the rights referred to therein should be specifically guaranteed under national laws and regulations. Therefore, please indicate the measures taken or envisaged to grant to the safety and health representatives of miners, all the rights mentioned in Article 13, paragraph 2, under national laws and regulations.

11. Article 13, paragraph 3(a). Procedures for exercise of workers’ rights. Please indicate the measures taken or envisaged to ensure that the procedures for the exercise of the rights referred to in paragraphs 1 and 2 of Article 13 of the Convention are specified in national laws and regulations.

12. Article 14(c). Duty of workers to report risky situations. Please indicate the specific provisions of national legislation that grant to workers, the right to report forthwith to their immediate supervisor any situation which they believe could present a risk to their safety and health or that of other persons, and which they believe they cannot properly deal with themselves.