Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Article 3 of the Convention. National policy. The Committee notes the information provided by the Government, in particular a copy of the Concept of Safety and the Protection of Health at Work for the period of 2008 to 2012, approved by Government Resolution No. 114 of 20 February 2008 (hereinafter the “OSH Concept”). It recalls in this connection that the Convention requires the formulation, carrying out and reviewing of a national policy on safety and health in mines, particularly regarding the measures to give effect to the provisions of the Convention. It notes that the OSH Concept is of a general nature and does not appear to contain specific policies or programmes for mines. The Committee therefore requests the Government to clarify whether any relevant authorities, such as the Main Mining Authority (HBU), has adopted and implemented policies and programmes specifically concerning safety and health in mines, following the adoption of the OSH Concept, and, if so, to provide a copy of such policies and programmes.

Article 4(2). Technical standards, guidelines or codes of practice. The Committee notes that the Slovak Standards Institute (SUTN) adopted technical standards on specific equipment used and various operations in mines. The Committee requests the Government to indicate whether any other technical standards, guidelines or codes of practices on safety and health in mines have so far been adopted, for instance, those for the use of the employers and workers at mines. If so, please transmit a copy of such documents.

Article 5(4)(d). Safe storage, transportation and disposal of hazardous substances and waste. The Committee notes the Government’s reference to Act No. 514/2008 Coll. concerning the management of waste from the extractive industry. In particular, it notes that section 1(2)(b) of the Act provides that the Act does not apply to waste water. The Committee requests the Government to clarify how the management of waste water from mines is regulated. The Committee also notes that the Act does not appear to expressly provide for transportation of mining waste. Section 3 of the Act on basic duties refers only to storage and disposal of mining waste, and section 5(2) on waste management plans provides for treatment and disposal of waste from mines, but not specifically for their transportation. The Committee therefore requests the Government to provide additional information as to how transportation of mine waste is regulated.

Article 7(g). Operation plan and procedures for a safe system of work. The Committee notes the Government’s indication that section 6 of Act No. 51/1988 Coll. on mining process, explosives and State Mining Administration provides all of the foreseeable risks against which employers are required to take accident prevention measures. The Committee requests the Government to provide further information on employers’ obligations regarding the drawing up of an operating plan and procedures to ensure a safe system of work and the protection of workers.

Article 12. Two or more employers undertake activities at the same mine. The Committee notes the Government’s reference to Government Regulation No. 117/2002 Coll. and to the Decrees of the HBU Nos 21/1989 Coll. 29/1989 Coll., and 50/1989 Coll. on safety and the protection of health at work and safety of mining operation and process. The Committee reiterates, however, that while they provide for cooperation between the different enterprises operating in the same mine and the role of the employer responsible for the mine to “coordinate” the implementation of safety and health measures, they do not specifically provide that this employer must assume primary responsibility for the safety of the operations. The Committee requests the Government to provide further information on the effect given to this Article.

Article 13(2) and (3). Rights and duties of safety and health representatives. The Committee notes that section 19 of Act No. 124/2006 Coll. provides for an employee safety representative. This section prescribes the procedure for appointment, the powers of the representative and the obligations of employers with respect to the employee safety representatives. While noting that this section gives effect to many of the provisions under Article 13(2) and (3) of the Convention, the Committee requests the Government to explain how the following provisions of the Convention are given effect: Article 13(2)(b)(i) and (f) and Article 13(4). Furthermore, the Government is also requested to provide a copy of any relevant regulations providing for details on the procedures for the exercise of the rights and duties of the employee representatives on safety.

Part V of the report form. Application in practice. The Committee notes the report of the State Mining Administration on the status of safety and the protection of health at work; developments in occupational accidents and diseases; and other damage to health. It also notes a copy of the evaluation report on the performance of the OSH Concept. It further notes the latest annual report (2010) of the HBU, in which the HBU refers to the increased emphasis of inspection placed on health and safety, resulting in a 50 per cent increase in administrative operations. The HBU also reports on the investigation into the causes of fatal accidents in cooperation with the mine trade unions and the petroleum industry. The Committee requests the Government to continue providing information on the practical application of the Convention, including, for instance, the number of workers covered by the measures giving effect to the Convention, disaggregated by gender; the number and nature of accidents and diseases at mines; and extracts from the inspection reports of the HBU or the labour inspectorate, showing the number and nature of infringements and sanctions imposed.