Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Referring to its observation, the Committee wishes to raise the following additional points.

Article 5(4)(c) of the Convention. National laws and regulations specifying protective measures to secure abandoned mine workings so as to eliminate or minimize risks to safety and health. With reference to its previous comments, the Committee notes that, according to the Government, the Agency for Environmental Evaluation and Control (OEFA) and the regional governments are responsible for ensuring compliance with Act No. 28090 regulating the closure of mines and its implementing regulations, adopted through Supreme Decree No. 033-2005-EM, and of Act No. 28271 regulating environmental liabilities and its implementing regulations, adopted through Supreme Decree No. 059-2005-EM. The Committee notes that, according to the Autonomous Workers’ Confederation of Peru (CATP), the main functions of the OEFA are to ensure that actions are carried out regarding the closure of mines and environmental liabilities but it is not involved in enforcing the protective measures to guarantee workers’ safety. The trade union also emphasizes that this situation involves large containers of chemical substances which damage the health of miners and the population. The Committee requests the Government to provide its comments in this regard, and to indicate the protective measures intended to eliminate or minimize risks in abandoned mine workings and the results of its evaluation.

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 conditions. The Committee notes the Government’s reference to the Regulations on safety and health in mines (RSSOM), adopted through Supreme Decree No. 055-2010-TR, relating to the application of this Article. The CATP indicates, however, that there is no state body responsible for monitoring the quality of the food in the mining works and the food facilities, and that the workers have to eat in mining shafts which serve as dining areas, but which are actually not. The Committee requests the Government to provide more detailed information on the effect given to this Article of the Convention in practice.

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 with interest the Government’s indication that section 54(a) of Supreme Decree No. 055-2010-TR establishes the responsibility of the chief miner relating to occupational safety and health and that section 68(d) of Act No. 29783 on occupational safety and health (LSST) sets forth that the employer in charge of the facilities in which the activities are performed shall ensure compliance with the occupational safety and health standards by the contractors, subcontractors, and special service enterprises which undertake activities in mines. The Committee also notes that, according to the CATP, the majority of fatal accidents and of accidents resulting in disability are recorded among workers in subcontracted companies or various other subcontracting arrangements, given that no effective monitoring mechanisms are in place for preventive coordination among the various contracting and subcontracting enterprises, despite the provisions of above section 68(d). In this regard, the Committee requests the Government to step up its efforts to ensure the application of this Article in practice and to provide information in that respect.

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 notes sections 55 and 60 of the Regulations under the LSST adopted through Supreme Decree No. 0055-2012-TR referred to by the Government, which give effect to this Article of the Convention. The Committee also notes that, according to the CATP, the mining undertakings do not provide the trade union representatives with the relevant information to enable them to engage with advisers and independent experts. The union indicates that this is due to the total lack of inspection relating to monitoring compliance with these standards. The Committee requests the Government to take the necessary measures to ensure the application of these provisions in practice.

Article 13(3)(b). Procedures for the exercise of the rights of workers and their safety and health representatives, as set out in Article 13(1) and (2) of the Convention, which shall be specified through consultations between employers and workers and their representatives. The Committee notes that sections 29, 30, 31 and 32 of the LSST and sections 49 to 73 of the Regulations under that Act, adopted through Supreme Decree No. 005-2012-TR, give effect to this Article of the Convention.

Application of the Convention in practice. The Committee notes the information provided by the Government relating to the enactment of Act No. 29901 which transfers the powers of inspection from the Energy and Mining Investment Supervisory Body to the Ministry of Labour. The Committee also notes that, according to the CATP, Act No. 30222 provides for more flexible labour inspection on the prevention of occupational risk in mines, and for a reduction in fines for a three-year period, during which period the fines imposed shall not be more than 35 per cent of the fine that would be imposed once the specific workplace has been evaluated. The failure to comply with preventive measures, therefore, especially when this poses a serious risk to workers or group of workers, also encompasses the matter of the reduction in fines. The Committee requests the Government to provide its comments in this regard.