Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 104th Session, June 2015)

The Committee notes the discussion in the Committee on the Application of Standards (CAS) and its conclusions concerning the following questions: (1) plans of workings; (2) safe design and construction of mines; (3) recording of the probable location of the workers in mines; (4) two or more employers undertaking activities at the same mine; (5) the right of workers and their representatives to report accidents, dangerous occurrences and hazards to the employer and to the competent authority; (6) the increase in work accidents; (7) stiffer penalties and criminalization of the violation of occupational safety and health (OSH) standards; and (8) the capacity and involvement of the social partners, particularly trade union representatives, in ensuring compliance with OSH standards in mining. The CAS requested the ILO to extend technical assistance and capacity building to the Government and its social partners. In August 2015, the Government communicated to the Office its willingness to avail itself of technical assistance from the ILO. The Committee notes with interest that an ILO mission was undertaken on 27 and 28 October 2016 to review the progress made and to discuss a possible review of OSH legislation. The Committee requests the Government to provide information on the outcome of this mission and its follow-up.

Article 5(5) of the Convention. Plans of workings. The Committee notes the Government’s indication in reply to its previous request and the request of the CAS concerning appropriate plans of workings. Companies are required to submit detailed plans and work programmes to be evaluated and validated by the Mines and Geoscience Bureau (MGB) prior to the approval of exploration permits, mineral production and sharing agreements, financial technical assistance agreements and mineral processing permits. The Government further indicates that a proposed amendment to section 21(11) of the Department of Environment and Natural Resources Administrative Order No. 2000-98 (DAO 2000-98) on mine safety and health standards would establish the obligation of the employer in charge of the mine to submit to the Director of the MGB a safety and health programme covering its area of operation, including updated plans of workings, 15 working days before every calendar year. However, the Government does not provide information on the obligation of the employer in charge of the mine to update plans of workings whenever significant modifications are necessary and to keep them available at the mining site. The Committee requests the Government to provide information on this subject.

Article 7(a). Safe design and construction of mines and provision of electrical, mechanical and other equipment. The Committee once again requests the Government to provide information in reply to its previous request and the request of the CAS concerning the responsibility placed upon employers to design mines, construct mines and provide mines with electrical, mechanical and other equipment, including a communication system, in order to provide conditions for safe operations and a healthy working environment.

Article 10(c). Measures and procedures to establish a recording system of the names and probable location of all persons who are underground. The Committee notes the Government’s indication in reply to its previous request and the request of the CAS concerning further information on the chapas system used to account for miners involved in underground operations. The Government describes the usual practice according to which each miner is provided with a pair of thin metal chips with the miner’s number, so-called chapas, one of which is deposited at the entrance of the mine (to ascertain that he/she has entered the mine) and the other is kept by the miner. Some operations have boards reproducing underground maps where chapas are placed according to the actual position of the miners, while in some cases logbooks are kept indicating the miners’ assigned positions. The Government further indicates that a proposed amendment to section 21(5) of the DAO 2000-98 on mine safety and health standards would explicitly establish the obligation of the employer to ensure that a system is established to account for all underground workers at any time and to know their probable location. The Committee requests the Government to continue providing information on this subject.

Article 12. Two or more employers. The Committee requests the Government to provide information in reply to the request of the CAS concerning the measures taken to ensure that whenever two or more employers undertake activities at the same mine, the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of the workers, and is held primarily responsible for the safety of the operations.

Article 13(1)(a). The right of workers to report accidents, dangerous occurrences and hazards to the competent authority. The Committee notes the Government’s indication in reply to its previous request and the request of the CAS concerning the right of workers to report accidents, dangerous occurrences and hazards to the employer and to the competent authority. The Government indicates that a proposed amendment to section 23(8) of the DAO 2000-98 on mine safety and health standards would establish the right to report to the employer, as well as the competent authority, as required by Article 5(1) of the Convention. The Committee requests the Government to continue providing information on this subject.

Article 13(2)(b)(i). Participation of the social partners in ensuring compliance. The Committee requests the Government to provide information in reply to the request of the CAS concerning the increased capacity and involvement of the social partners, particularly trade union representatives, in ensuring compliance with occupational safety and health standards in the mining industry, including in the conduct of safety and health inspection.

Article 13(2)(f). The right of workers to receive notice of accidents and dangerous occurrences. The Committee once again requests the Government to provide information concerning the right of health and safety representatives to receive notice of accidents and dangerous occurrences.

Article 16. Penalties. The Committee requests the Government to provide information in reply to the request of the CAS concerning the enactment of a pending legislative measure that proposes to impose stiffer penalties and criminalization of the violation of occupational safety and health standards.

Application in practice. Increase in occupational accidents. The Committee notes the Government’s indication in reply to its previous request and the request of the CAS concerning the measures taken to respond to the increase in work accidents in the mining sector, including: (a) quarterly monitoring activities run by the regional offices of the MGB and audits on safety and health conducted by the central MGB, with penalties imposed for non-compliance with Act No. 7942 of 1995, the Mining Act and its Revised Implementing Rules and Regulations (Administrative Order No. 2010-21); (b) the Safest Mine Award programme, promoting safety and health culture; and (c) the preparation of a Memorandum of Agreement for coordination among the following Departments: Labour and Employment; Environment and Natural Resources; Energy; Health; and the Interior and Local Government. The Committee also notes the Government’s indication that, since the majority of accidents were incurred by service contractors, it is currently considering restoring the accreditation system of service contractors, pursuant to section 143 of DAO 2010-21 on Revised Implementing Rules and Regulations of Act No. 7942, the Philippine Mining Act of 1995. The Committee requests the Government to continue providing information on the progress made in this respect.