Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

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

Application of the Convention in practice. The Committee takes note of the information provided by the Government to the effect that 1,800 workers are employed in the underground or open cast extractive industry. It also notes that 10 per cent of the 348 inspections conducted in the mining sector between 1 June 2014 and 27 May 2015 gave rise to important notices on safety and health and that in six cases work was stopped or specific measures were imposed. The Committee requests the Government to continue to provide information on the application of the Convention in practice, particularly statistical data on the number of occupational accidents and infringements reported and information on the preventive and supervisory activities conducted by the labour inspectorate in this sector.

The Committee further notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will provide full information on the points raised in its previous direct request which read as follows:

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)).