Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Safety and Health in Mines Convention, 1995 (No. 176) - United States of America (Ratification: 2001)

The Committee notes the information provided by the Government in reply to its previous comment regarding the effect given to Articles 9(c), 13(1)(f) and 13(2)(d) of the Convention.

Legislative developments. The Committee notes the detailed information provided by the Government on the final rules adopted by the Mine Safety and Health Administration (MSHA) between 2008 and 2014 which include the following: “Refuge Alternatives for Underground Coal Mines” (73 F.R. 80656); “Coal Mine Dust Sampling Devices” (75 F.R. 17512); “High-Voltage Continuous Mining Machine Standard for Underground Coal Mines” (75 F.R. 17529); “Maintenance of Incombustible Content of Rock Dust in Underground Coal Mines” (76 F.R. 35968); “Examinations of Work Areas in Underground Coal Mines for Violations of Mandatory Health and Safety Standards” (77 F.R. 20700); “Pattern of Violations” (78 F.R. 5056); and “Lowering Miners’ Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors” (79 F.R. 24814). It also notes the Government’s indication that prior to the adoption of these rules, stakeholders, including employers’ and workers’ organizations, were consulted through public hearings and seminars.

Article 13(1)(a). Right of workers and their safety and health representatives to report accidents, dangerous occurrences and hazards. With reference to its previous comment, the Committee notes from the Government’s report that workers and their representatives may report hazardous conditions to the MSHA through various means including an anonymous hotline and online reporting. However, it notes that the report does not provide information on the manner in which it is ensured that workers and their safety and health representatives also have the right to report accidents, dangerous occurrences and hazards to the employer, as prescribed by this Article of the Convention. Therefore, the Committee requests the Government to provide information on procedures established to allow workers and their safety and health representatives to report accidents, dangerous occurrences and hazards to their employer, in accordance with Article 13(1)(a) of the Convention.

Article 13(2)(b)(ii). Right of safety and health representatives to monitor and investigate safety and health matters. Article 13(2)(c). Right of safety and health representatives to have recourse to advisers and independent experts. With reference to its previous comment, the Committee notes that the Government’s report does not contain information on the effect given to these Articles of the Convention. Therefore, the Committee once again requests the Government to provide information on the manner in which it ensures that safety and health representatives have a right to:

• – monitor and investigate safety and health matters (Article 13(2)(b)(ii)); and
• – have recourse to advisers and independent experts (Article 13(2)(c)).

Article 14(c). Duty of workers to report situations which could present a risk. The Committee notes the Government’s statement that there is no affirmative duty under the Mine Act for miners or their representatives to report any particular situation. The Committee wishes to recall that under Article 14 of the Convention, workers have the duty to report forthwith situations which they believe could present a risk to their safety and health, or that of other persons. In this respect, it wishes to emphasize the importance of such reporting so that the necessary preventive or remedial measures can be adopted and quickly implemented, with a view to guaranteeing the safety and health of all workers at the mine. The Committee therefore requests the Government to take all the necessary steps to ensure that workers have a duty to report forthwith to their supervisor situations which they believe could present a risk, in accordance with this Article of the Convention.

Application in practice. The Committee notes that the MSHA has jurisdiction over approximately 1,700 coal mines employing 123,000 miners and approximately 12,000 metal and non-metal mines, employing 250,000 miners. The Committee also notes that in 2013, the MSHA issued 119,000 citations and orders, of which 1,400 citations were for failure to comply with mandatory safety and health standards, 1,000 training-related orders and 300 imminent danger orders. It further notes that between 2009 and 2014, the MSHA received 11,640 hazardous conditions complaints and 955 complaints for retaliation or discrimination. As regards work-related accidents, the Committee notes from the detailed statistics available on the MSHA website that in 2014, the fatal injury rate was 0.0142 injuries per 200,000 hours worked (0.0132 in 2013), while the total injury rate was 2.43 injuries per 200,000 hours worked (2.49 in 2013). It also takes note of the 2012 review of fatal accidents in metal and non-metal mines which provides statistics on fatalities broken down by commodity, mine size, accident classification, occupation, age, experience, etc., and identifies several causes thereof, such as failure to provide task training, to conduct examinations or risk assessment, to instruct on policies, procedures and controls, to provide personal protective equipment and to maintain equipment. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including information on inspection activities, hazardous conditions complaints received and work-related accidents and diseases in the mining sector (number, nature and causes), as well as on measures, taken or envisaged, to address the causes of such accidents and diseases.