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

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

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.