Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Article 3 of the Convention. National policy. The Committee notes the Government’s indication that the Main Mining Authority (HBU) is presently elaborating its occupational safety and health policy (hereinafter the “OSH policy relating to mines”) on the basis of the newly adopted Occupational Safety and Health Protection Strategy in the Slovak Republic up until 2020 (hereinafter the “2020 strategy”) and its implementation programme for the years 2013–15. However, the Committee notes that the 2020 strategy and the Government’s report does not contain any details about specific policies or programmes for mines. The Committee requests the Government to provide more details on the OSH policy relating to mines, elaborated by the HBU, and to provide a copy of this policy once it is adopted.

Article 4(2). Technical standards, guidelines or codes of practice. The Committee notes the Government’s indication that the HBU and the district mining authorities are competent to control the application of internal regulations on safety in mines (that is, operational documentation), which employers are obliged to develop to ensure the safety and protection of health at work. The Committee requests the Government to provide further information on the internal regulations employers are obliged to develop including, for instance, their scope of application and content. It also once again requests the Government to indicate whether any other technical standards, guidelines or codes of practice on safety and health in mines have been adopted. 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 indication that sections 21 and 37 of Act No. 364/2004 Coll. on Waters, applicable to natural and legal persons, regulates the management of waste water. Regarding the transportation of mine waste, the Committee notes that the Government refers to section 3 of Act No. 514/2008 Coll. concerning the management of waste from the extractive industry. However, section 3 of the Act refers only to the storage and disposal of mining waste. The Committee therefore once again 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 that the Government refers to its reply concerning Article 3 and does not provide the information requested in its previous comments. Therefore, once again, the Committee requests the Government to provide further information on employers’ obligations regarding the drawing up and implementation of an operating plan and procedures to ensure a safe system of work and the protection of workers.

Article 13(4). Protection against discrimination and retaliation. The Committee notes that pursuant to section 9 of Act No. 365/2004 Coll. on Equal treatment, every person is entitled to equal treatment and protection against discrimination, while section 19(5) of Act No. 124/2006 provides that the employer must create the conditions required for the execution of the employee safety representatives’ function. The Committee requests the Government to provide further information on the measures taken, in law and in practice, to ensure that the rights of workers and their representatives, set out under Article 13(1) and (2) of the Convention, can be exercised without retaliation.

Application of the Convention in practice. The Committee notes that, according to the report of the HBU, 255 occupational accidents were recorded in 2013, compared to 275 in 2012. It also notes that the number of injuries in surface workplaces increased from 52 in 2012 to 60 in 2013, and that 52 new cases of occupational diseases were identified by the HBU, as opposed to 38 in 2012. 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 annual reports of the HBU or the labour inspectorate, showing the number and nature of infringements and sanctions imposed.