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

Safety and Health in Mines Convention, 1995 (No. 176) - Germany (Ratification: 1998)

1. The Committee notes the information provided in the Government’s report in response to its previous comments. It would nevertheless appreciate additional information on the following points.

2. Article 5, paragraph 4(a), of the Convention. Requirements relating to mine rescue and first aid. The Committee notes the information that the employer is responsible for organizing mine rescue and that, given the positive nature of the experiences garnered in this field, there is no need for new legislation to be adopted at present. The Committee requests the Government to keep it informed of any new developments in this area and to provide a copy of the relevant texts as soon as they have been adopted.

3. Article 5, paragraph 4(d). Removal of waste produced at the mine. The Committee notes the information that the specific legislation relating to mines takes precedence over the legislation on hazardous substances, which is more general and is applied in principle. The Committee requests the Government to indicate the provisions of the national legislation or regulations prescribing the safe transportation and disposal of hazardous substances used in the mining process, as well as waste produced at the mine.

4. Article 13, paragraph 1. Right of workers to remove themselves from any location posing a serious danger. The Committee notes the information that the restriction set out under section 22 of the General Mining Ordinance (ABBergV) essentially refers to rescue services in mines and that no amendments are planned. It is thus possible that the safety and health interests of other employees can prevent a worker from removing himself/herself from a work situation when he/she has reasonable grounds for believing that there is an imminent and serious danger to his/her own life or health. The Committee requests the Government to take the measures needed to bring the legislation into conformity with this provision of the Convention.