Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 176) sur la sécurité et la santé dans les mines, 1995 - Tchéquie (Ratification: 2000)

Further to its observation, the Committee notes the information provided by the Government in its latest report, including references to the availability of legislation online, and recent amendments to legislation concerning the application of the Convention, including, inter alia, the amendments to the following: Decree of the Czech Mining Office No. 447/2001 Coll., on mining rescue services, by Decree No. 87/2006 Coll.; Decree of the Czech Mining Office No. 298/2005 Coll., on requirements for professional qualifications and professional competence in the performance of mining activities or activities performed underground and on amendments to some acts, by Decree No. 240/2006 Coll.; Decree of the Czech Mining Office No. 35/1998 Coll., on the requirements for health and safety at work and the safe operation of railways in brown coalmines, by Decree No. 485/2006 Coll.; and Decree of the Czech Mining Office No. 415/2003 Coll., laying down the conditions for ensuring health and safety at work and safe operations for vertical haulage and climbing, by Decree No. 571/2006 Coll. The Government also indicates the adoption of the Decree of the Czech Mining Office No. 49/2008 Coll., on requirements for ensuring the safety of underground constructions. The Committee notes the information provided which appears to give further effect to Articles 1, 3, 4(2) and 5(2)(d) of the Convention. The Committee asks the Government to continue to provide information on the relevant measures undertaken with regard to the Convention.

The Committee notes the references to provisions in national legislation, provided by the Government in response to the Committee’s previous comments on the application of the Convention. The Committee asks the Government to provide detailed information in its next report on how these provisions give effect to the following Articles of the Convention.

Article 5(2)(c) of the Convention. Reporting of dangerous occurrences and mine disasters. The Committee notes the reference by the Government to section 21(2) of Decree No. 22/1989 Coll., section 19 of Decree No. 26/1989 Coll. and section 18 of Decree No. 239/1998 Coll.

Article 5(4)(d). Requirements for the safe storage and transportation of hazardous substances used in the mining process and disposal of waste produced at the mine. The Committee notes the reference by the Government to Decree No. 99/1995 Coll., section 159 of Decree No. 26/1989 Coll., section 308 of Decree No. 22/1989 Coll., sections 30–33 of Decree No. 72/1988 Coll., sections 22, 25(g), 26, 29 and 30–34 of Act No. 61/1988 Coll., Decree No. 338/1997 Coll., Decree No. 428/2009 Coll., Decree No. 429/2009 Coll. and Act No. 157/2009 Coll., and section 20 and Part IV of Act No. 106/2005 Coll.

Article 5(5). Preparation of appropriate plans in the event of any significant modification of operations and updating of plans of workings. The Committee notes the reference by the Government to section 41(2)(b) of Act No. 61/1988 Coll., section 32 of Act No. 44/1988 Coll., section 4 of Decree No. 172/1992 Coll., and sections 7–8 of Decree No. 104/1988 Coll.

Article 7(a). Safe design and construction of mines and provision of electrical, mechanical and other equipment. The Committee notes the reference by the Government to sections 6–8 of Decree No. 22/1989 Coll., sections 6–7 of Decree No. 26/1989 Coll., sections 8–8a of Act No. 61/1988 Coll. and section 23 of Act No. 44/1988 Coll.

Article 7(b). Safe commissioning, maintenance and decommissioning of mines. The Committee notes the reference by the Government to Decree No. 52/1997 Coll. and section 32 of Act No. 44/1988 Coll.

Article 7(c). Maintenance of stability of the ground. The Committee notes the reference by the Government to sections 4, 5, 7, 29–39, 43–47, 53–56 of Decree No. 26/1989 Coll.

Article 7(g). Operating plans in respect of zones susceptible to particular hazards. The Committee notes the reference by the Government to sections 14, 21, 37, 43, 51, 59 and 195 of Decree No. 22/1989 Coll., Decree No. 55/1996 Coll., Decree No. 99/1995 Coll., Decree No. 659/2004 Coll., section 23(2)(e) of Act No. 44/1988 Coll. and Decree No. 8/1987 Coll. replaced and repealed by Decree No. 266/1994 Coll.

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 the reference by the Government to section 101(3) of Act No. 262/2006 Coll., section 103(1)(g) of Act No. 262/2006 Coll. and section 105(1) of Act No. 262/2006 Coll.

Article 13(1)(a). Right of workers to report accidents, dangerous occurrences and hazards to the competent authority. The Committee notes the reference by the Government to section 106(4)(f) of Act No. 262/2006 Coll. and section 3b(1)(b) of Act No. 61/1988 Coll.

First aid for underground injuries and the maintenance of mining rescue services. The Committee notes the reference by the Government to sections 4(1), 5, 6(1)(i) and (j), and 7(1)(e) of Decree No. 447/2001 Coll.

Part V of the report form. Application of the Convention in practice. The Committee notes that the Government has referred to the online availability of the annual reports on mining safety for the period 2006–09. The Committee asks the Government to continue to provide information on the application of the Convention in practice, and to provide, in one of the working languages of the ILO, and where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of occupational accidents and diseases reported.