Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Legislation. The Committee notes the Government’s report, and the detailed information regarding undertaken and planned legislative changes. It notes the adoption of the Safety, Health and Welfare at Work (Quarries) Regulations 2008 (S.I. No. 28 of 2008) (Quarries Regulations) consolidating all provisions relating to quarries; the revised General Application Regulations 2007; the Waste Management (Management of Waste from Extractive Industries) Regulations, 2009 (S.I. No. 566 of 2009); and the information that all legislation is publicly available on its website www.hsa.ie. It also notes the Government’s intention to consolidate all provisions relating to underground mining and that the Health and Safety Authority (HSA) has developed proposals for new draft consolidated Mines Regulations to similarly simplify and modernize mining legislation and which will allow for the revocation of the remainder of the Mines and Quarries Act, 1965 and Regulations. In addition, the Committee notes the information provided by the Government regarding effect given to Article 1(1)(b) of the Convention. The Committee invites the Government to continue to provide information on any relevant legislative changes concerning the application of the Convention.

Article 3. Policy on safety and health in mines. The Committee notes the Government’s stated intention to rationalize, consolidate and simplify its national legislation governing its quarries and underground mining activities by taking account of technical, economic and legislative changes and that the 2008 Quarries Regulations were drawn up by the HSA in consultation with the Quarries Sector Health and Safety Steering Committee involving all the major players and included public consultation. As previously noted, this legislation is based on a preventive approach placing duties on all persons involved in the place of work and allowing for fines of up to €3 million and/or imprisonment for two years. The Committee requests the Government to keep the Office informed of any further developments regarding its national policy on safety and health in mines in the context of periodical reviews undertaken thereof.

Article 4(2). Codes of practice. The Committee notes the detailed information provided regarding its efforts to ensure the availability of targeted and relevant codes of practice. It also notes the considerations favouring the development of the specific and targeted code of practice for Operators of Quarry Delivery Vehicles (employing three or less employees), which reportedly is in the final stages of its preparation. The Committee requests the Government to keep the Office informed of progress as regards the adoption of this as well as other relevant codes of practice.

Article 5(4)(d). Safe storage, transportation and disposal of hazardous substances and waste. The Committee notes the information provided regarding sections 9(2)(b), 32(2)(c), 55(2)(c)(ii) and 61 of the Quarries Regulations and the Waste Management (Management of Waste from Extractive Industries) Regulations 2009 (S.I. No. 566 of 2009) applicable to waste management in all extractive industries. As regards the safe transportation and disposal of hazardous substances used in the mining process, the Committee notes the reference to the older legislation which, as noted above, is in the process of being revised. The Committee requests the Government to take due account of the present provision in the context of the framing of the new consolidated Mining Regulations and to keep the Committee informed of progress in this respect.

Article 7(b). Safe decommissioning of mines. The Committee notes the information that the safe decommissioning of mines and quarries is generally dealt with under planning, licensing and environmental legislation, that risk assessments are required to identify any hazards related thereto, that section 9(2)(f) of the Quarries Regulations now requires that in the event of the permanent cessation of quarrying operations (which includes decommissioning), the quarry is left, so far as it is reasonably practicable, in a safe condition, and that the new consolidated Mines Regulations have a similar provision. The Committee requests the Government to take due account of the present provision in the context of the framing of the new consolidated Mining Regulations and to submit a copy of these Regulations once they have been adopted.

Article 13(2)(c). Right of safety and health representatives to have recourse to independent experts. The Committee notes the information that while there is no specific legislative provision specifically granting safety representatives the right to have access to independent experts, there are no restrictions of exclusions. The Committee requests the Government to take all relevant measures to ensure compliance with this provision and to provide information on progress in this respect.

Part V of the report form. Application of the Convention in practice. The Committee welcomes the priority afforded to the mining and quarry sector by the HSA. It also notes the decreasing number of fatalities and decreasing accident levels in this sector over the past ten years, and that while the Government considers that this has been in part influenced by the reduction in activities in the quarrying sectors, the drop in accident levels from 2006 onwards could be attributed to the new quarry regulations, the implementation of best practice throughout the sector, and the continued encouragement of safe systems of work, safe plant equipment and continued automation and mechanization, combined with increased competence of those working in the industry. The Committee asks the Government to continue to provide information on the application of this Convention in practice, including further details of any analyses carried out as to the most significant measures contributing to the downward trend in the accident and fatality levels in this sector.