Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Safety and Health in Mines Convention, 1995 (No. 176) - Peru (Ratification: 2008)

Laws and regulations. The Committee notes with interest the Government’s detailed report, the broad consultations carried out for its preparation and the relevant legislation adopted, namely: Act No. 29783 on occupational safety and health of 19 August 2012, which sets out the principles of prevention, responsibility, cooperation, information and training, integrated management, integrated health care, consultation and participation, among others, and the Regulations on occupational safety and health, and other supplementary measures in the mining sector, adopted by Presidential Decree No. 055-2010-EM, which are based on the principle of prevention and give effect to most of the provisions of the Convention.

Article 3 of the Convention. National policy on safety and health in mines, prior consultation with the most representative organizations of employers and workers concerned. The Committee notes that the Act on occupational safety and health provides, in section 4, for the obligation of the State, in consultation with the most representative organizations of employers and workers, to design, implement and review a National Occupational Safety and Health Policy and establishes the National Occupational Safety and Health Council and Regional Occupational Safety and Health Councils, which are tripartite in composition. The Committee also notes with interest that the National Occupational Safety and Health Council, on 11 April 2013, approved the National Occupational Safety and Health Policy. The Committee requests the Government to provide information on the aspects of the National Occupational Safety and Health Policy which are related to the present Convention. Please also indicate whether it is planned to develop a national policy on safety and health in mines and provide detailed information on this subject.

Article 5(4)(c). National laws and regulations specifying protective measures to secure abandoned mine workings so as to eliminate or minimize risks to safety and health. The Committee requests the Government to provide information on the effect given to this Article of the Convention.

Article 5(4)(e). Laws and regulations specifying the obligation to supply sufficient sanitary conveniences and facilities to wash, change and eat, and to maintain them in hygienic condition. The Committee requests the Government to provide information on the effect given to this Article of the Convention with regard to eating facilities.

Article 12. Duty of the employer in charge of the mine to coordinate and assume primary responsibility for the safety of the operations. The Committee notes the information provided by the Government to the effect that contracting enterprises shall assume joint responsibility. Nevertheless, this Article of the Convention also provides that 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. Noting that the report does not contain information on this matter, the Committee requests the Government to provide information on the effect given in law and practice to the requirement of coordination set out in this Article of the Convention.

Article 13(2)(c) and (e). Right of safety and health representatives to have recourse to advisers and independent experts and to consult with the competent authority. The Committee requests the Government to provide information on the legal provisions governing the right of safety and health representatives to have recourse to advisers and independent experts, as set out in paragraph 2(c) of this Article, and to consult other competent authorities, in addition to labour inspectors as set out in paragraph 2(e) of this Article.

Article 13(3)(b). Procedures for the exercise of the rights of workers and their safety and health representatives, as set out in paragraphs 1 and 2 of Article 13 of the Convention, which shall be specified through consultations between employers and workers and their representatives. The Committee requests the Government to indicate whether consultations have been held to determine the procedures for the exercise of the rights envisaged in paragraphs 1 and 2 of this Article and, if so, to provide information on this subject.

Part V of the report form. Application in practice. The Committee requests the Government to provide general indications on the manner in which the Convention is applied in the country, including the number of workers protected by the measures giving effect to the Convention, and to continue providing information on the action taken by the labour inspectorate, including the principal problems identified.