Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Safety and Health in Mines Convention, 1995 (No. 176) - Mongolia (Ratification: 2015)

The Committee notes the Government’s first report.

Article 3 of the Convention. National policy on occupational safety and health in mining. The Committee notes the Government’s indication in its report that the tripartite committee on occupational safety and health (OSH) in the mining sector has been established (pursuant to Resolution A/48 of March 2017) with the aim of formulating a policy and developing, reviewing, discussing and approving coherent guidelines, procedures and standards for occupational safety and health in the mining sector. It also notes the Government’s indication that, within the framework of the Fifth National Programme on Occupational Safety and Health (2017–2020), the subprogramme on Occupational Safety and Health in the mining sector was developed. The subprogramme aims to ensure the implementation and enforcement of the National Programme, the national laws and regulations on occupational safety and health and the Convention. In addition, the Government indicates that the subcommittee of the Ministry of Mines and Heavy Industry has initiated a review of occupational safety and health policies and procedures in mines in order to harmonize them with the Convention, national occupational safety and health laws and regulations and the Law on minerals of Mongolia. It notes in this respect the Government’s reference to the Small Scale Mining Regulation of 2017, the General Open Pit Safety Rules of 2003, the Underground Ore Safety Rules of 2015 and the Underground Coal Mine Rules. The Committee requests the Government to continue to provide information on the implementation and periodic review of the policy on safety and health in mines, and on the consultations with the social partners held in this respect. The Committee also requests the Government to provide further information on the composition and activities of the tripartite committee on OSH in the mining sector, and to provide a copy of Resolution A/48 of March 2017 establishing this committee. In addition, the Committee requests the Government to provide information on the implementation of the subprogramme on Occupational Safety and Health in the mining sector (within the framework of the Fifth National Programme on Occupational Safety and Health), and to provide information on any subsequent programme adopted related to the mining sector.

Articles 5(1) and 16. Competent authority to monitor OSH in mining and inspection. The Committee notes the Government’s indication that inspection and monitoring of occupational safety and health in mines is carried out through the Ministry of Labour and Social Protection, the Ministry of Mining and Heavy Industry, the Ministry of Health and their agencies such as the occupational safety and health centre, the general agency of health and social insurance and the minerals and oils department. The Committee requests the Government to indicate how the ministries, agencies and departments responsible for inspection and monitoring of occupational safety and health in mines coordinate their functions, and if one of these bodies has been designated as the competent authorities. In this respect, it requests further information on the organization and functioning of the inspection services responsible for supervising safety and health in mining, and the resources available to this inspection service, in accordance with Article 16(2) of the Convention. In addition, the Committee requests the Government to provide further information on the penalties and corrective measures established related to OSH in mining, in accordance with Article 16(1) of the Convention.

Article 5(2)(e). Power of the competent authority to suspend or restrict mining activities on safety and health grounds. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the competent authority has the power to suspend or restrict mining activities on safety and health grounds, until the condition giving rise to the suspension or restriction has been corrected.

Article 5(4)(b). Obligation to provide and maintain adequate self-rescue respiratory devices. The Committee requests the Government to provide information on the measures taken to ensure that employers have the obligation to provide and maintain adequate self-rescue respiratory devices for workers in underground coal mines and other underground mines, where necessary.

Article 5(4)(c). Abandoned mines. The Committee requests the Government to provide information on measures taken or envisaged to give effect to Article 5(4)(c) of the Convention to ensure that protective measures are taken to secure abandoned mine workings so as to eliminate or minimize risks to safety and health.

Article 5(5). Plans of working. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 5(5) of the Convention to ensure that the employer in charge of the mines has the obligation to prepare plans of working before the start of operations, and in the event of any significant modification, that such plans are brought up to date periodically and kept available at the mine site.

Article 7(c). Measures to maintain ground stability. The Committee requests the Government to indicate the measures, taken or envisaged, to ensure that employers have an obligation to take steps to maintain the stability of the ground in areas to which persons have access in the context of their work.

Article 7(i). Stopping operations and evacuation of workers to a safe location. The Committee notes the Government’s reference to section 28.1.2 of the Occupational Safety and Health Act of 2008 (OSH Act), which provides that in the event of a situation endangering human life or health, the operation shall be stopped immediately and the dangerous situation shall be promptly eliminated. The Committee requests the Government to provide information on the measures taken to ensure that when there is serious danger to the safety and health of workers in mining, workers are evacuated to a safe location.

Article 10(b). Supervision and control at each shift. The Committee notes that section 15 of the Underground Ore Safety Rules (Joint Order No. 229 of 2015) provides that mine management and engineers and technicians are required to visit the mine regularly to ensure that mining operations are carried out in an orderly manner and that occupational safety and health is fully monitored. During the shift, the shift supervisor will inspect each workplace and personally supervise the mining work with difficult working conditions. The Committee requests the Government to provide information on the measures taken to provide for the employer’s obligation to ensure supervision and control on each shift in other types of mining not covered by Joint Order No. 229 of 2016, particularly open pit mining.

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 requests the Government to provide information on the measures taken to ensure that employers establish a system so that the names of all persons who are underground can be accurately known at any time, as well as their probable location, in accordance with Article 10(c) of the Convention.

Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. The Committee notes that section 8 of the OSH Act provides for requirements when two or more employers jointly own or use production facilities, including the establishment of OSH procedures and requirements to inform the other employer in case of the use of toxic and dangerous chemicals, explosives, explosive devices and radioactive or biologically active substances during production and to take joint measures to ensure safety. The Committee requests the Government to provide information on the measures taken to ensure that whenever two or more employers undertake activities at the same mine, 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.

Article 13(1)(a), (b), (e) and (f), 13(2)(c), (d), (e) and (f), 13(3) and 13(4). Rights of workers and their representatives. The Committee notes that section 18 of the OSH Act gives effect to certain clauses of Article 13(1) of the Convention, related to the right of workers to know and be informed of workplace hazards that may affect their safety or health and the right to obtain information relevant to their safety or health, held by the employer or the competent authority (Article 13(1)(c) and (d)). It notes that sections 18, 32 and 35 of the OSH Act give effect to Articles 13(2)(a) and (b). The Committee requests the Government to indicate the legal provisions giving effect to the rights of workers: (i) to report accidents, dangerous incidents and hazards (Article 13(1)(a)); (ii) to request and obtain inspections and investigations (Article 13(1)(b)); (iii) to remove themselves from any location at the mine when circumstances arise which appear, with reasonable justification, to pose a serious danger to their safety or health (Article 13(1)(e)); and (iv) to collectively select safety and health representatives (Article 13(1)(f)). It also requests the Government to provide information on the measures taken to ensure the rights of workers and their representatives : (i) to have recourse to advisers and independent experts (Article 13(2)(c)); (ii) consult with the employer in a timely fashion on safety and health matters, including policies and procedures (Article 13(2)(d); (iii) to consult with the competent authority (Article 13(2)(e)); and (iv) to receive notice of accidents and dangerous occurrences (Article 13(2)(f)). The Committee further requests the Government to provide information on legislative and other measures adopted to determine the procedures for exercising the rights listed in Article 13(1) and (2), and to indicate the measures taken to ensure that these rights can be exercised without discrimination or retaliation, in accordance with Article 13(3) and (4).