Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 176) sur la sécurité et la santé dans les mines, 1995 - Belgique (Ratification: 2012)

Legislation. The Committee notes the detailed information contained in the Government’s first report. The Committee particularly notes that the following legislation gives effect to the Convention: the Act of 4 August 1996 concerning the well-being of workers at work (“Well-being” Act) and its Royal implementing decrees; and the Royal Decree of 6 January 1997 concerning the minimum occupational safety and health requirements for workers in surface and underground mineral extraction industries (Royal Decree on Extraction Industries). Furthermore, it notes the Government’s indication that there is no longer any underground mining of minerals, but only a number of primary ore processing activities (sand, gravel, clay), which employ approximately 2,500 workers in the country.

Article 3 of the Convention. National policy on safety and health in mines. The Committee notes the Government’s indication that occupational safety and health policy is discussed within the Higher Council for Health and Safety at Work, a body made up of an equal number of representatives from employers’ and workers’ organizations. It also notes that, according to the Government, there was a Higher Council specifically for mining activities, but it no longer convenes as the mines have closed. While noting the limited numbers of workers involved in primary ore processing, the Committee requests the Government to indicate the manner in which it is ensured that issues of occupational safety and health specific to processing primary ore are taken into consideration, in consultation with the most representative employers’ and workers’ organizations, during the formulation and implementation of the national safety and health policy, in accordance with the provisions under Article 3.

Article 13. Rights of workers and their safety and health representatives. In its report, the Government refers to the Royal Decree of 3 May 1999 concerning the duties and procedures of the safety and health committees (Royal Decree on Committees) and states that matters relating to occupational safety and health may be addressed by workers through these committees, which are compulsory in mining enterprises with more than 20 employees. While noting that the legislation in force, and especially the “Well-being” Act, the Royal Decree on Extraction Industries and the Royal Decree on Committees, give effect to a certain number of provisions under Article 13 of the Convention, the Committee requests the Government to specify in what manner workers and their representatives are entitled to report accidents, dangerous occurrences and hazards to the employer and to the competent authority (Article 13(1)(a)).

Application of the Convention in practice. The Committee takes due note of the information provided by the Government, especially the detailed statistics on occupational accidents that occurred in the mineral extraction sector in 2012, as well as the information on the visits made by the labour inspection services in 2013 in this sector. It notes that out of the 442 inspections carried out, during which more than 2,500 measures affecting workers’ well-being were monitored, the inspectors reported 120 serious shortcomings, of which one required immediate action following a serious accident. The Committee requests the Government to continue providing information on the application in practice of the Convention, including statistical data on the number of occupational accidents and information on the preventive and monitoring activities of the labour inspectorate in the sector.