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The Committee notes the responses to its previous comments provided by the Government in its latest report, including information on the effect given to Article 5(4)(d) and (5), Article 7(c), Article 9 and Article 10(c) of the Convention. The Committee asks the Government to continue to provide information on relevant legislative amendments undertaken with regard to the Convention.
Article 5, paragraph 3. Explosives and initiating devices. The Committee notes the information provided by the Government indicating regulations ensuring that a competent person exercise control over any manufacturing of explosives to be used for blasting at the mine. The Committee asks the Government to provide further information on measures taken or envisaged to ensure that the storage, transport and use of explosives and initiating devices at the mine is carried out by competent and authorized persons or by persons under their supervision.
Article 5, paragraph 4(a), Article 8 and Article 9(d). Medical and first-aid facilities. The Committee notes that the Government has not indicated whether legislation being addressed by the Mining Regulations Advisory Committee with regard to these Articles of the Convention, has been adopted. The Committee asks the Government to indicate whether the abovementioned legislation has been adopted, and if so to provide a copy.
Article 13, paragraph 3. Consultation between employers, workers and their representatives. The Committee notes that the Government has referred to section 23(2) of the Mine Health and Safety Act, which specifies procedures for the exercise of the rights mentioned in Article 13(1)(e). The Committee also notes information provided in the Government’s previous report indicating that section 26 of the above Act specifies such procedures for paragraph 1, subsection (f). The Committee notes that the Government has not provided reference to provisions specifying the procedures for the exercise of the rights referred to in Article 13(1)(a)–(d) and (2) of the Convention. The Committee reiterates its request that the Government provide information on the measures taken or envisaged in this regard.
Part V of the report form. Application in practice. The Committee notes that the Government has not provided information in its report on the application of the Convention in practice. The Committee reiterates its request asking the Government to provide information on how the Convention is applied in practice, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, if possible disaggregated by sex, the number and the nature of infringements reported, etc.
1. The Committee notes the comprehensive reports of the Government and the information they contain. It requests the Government to provide additional information on the following points.
2. Article 5, paragraph 3, of the Convention. Explosives and initiating devices. The Committee notes that the legislation referred to by the Government does not seem to include provisions providing that the manufacture, storage, transport and use of explosives and initiating devices at the mine is carried out by competent and authorized persons or by persons under their supervision. Please provide information on measures taken or envisaged in this regard.
3. Article 5, paragraph 4, subsection (a); Article 8; and Article 9, subsection (d). Medical and first-aid facilities. The Committee notes that section 13 of the Mine Health and Safety Act, 1996 (Mine Act), requires employers to establish a system of medical surveillance of employees at the mine. It also notes that the Government states in its report that the Mining Regulations Advisory Committee is currently addressing legislation on this issue. Please provide a copy of this legislation when adopted.
4. Article 5, paragraph 4, subsection (d). Handling of waste. The Committee notes that the legislation referred to by the Government does not seem to include provisions regulating the safe storage, transportation and disposal of hazardous substances used in the mining process and of the waste produced at the mine. Please provide information on measures taken or envisaged in this regard.
5. Article 5, paragraph 5. Plans of workings. The Committee notes that the legislation referred to by the Government does not seem to include provisions requiring the employer to ensure that appropriate plans of workings are prepared and kept up to date. Please provide information on measures taken or envisaged in this regard.
6. Article 7, subsection (c). Ground stability and underground workplace. Please indicate the specific provisions which regulate the requirement in this subparagraph of the Convention.
7. Article 9. Hazardous substances. The Committee notes that sections 6 and 10 of the Mine Act include provisions concerning measures to ensure the protection of workers from hazardous substances. The Committee also notes that the Government has indicated that, as a complement to these provisions, regulations with special focus on protection against exposure to chemical and biological hazards have been approved. Please provide a copy of the regulations referred to for examination by the Committee.
8. Article 10, subsection (c). System for keeping track of underground workers. The Committee notes the Government’s statement that regulations require employers to have a system whereby the names and location of all persons underground are known. Please indicate the specific provisions which regulate this requirement.
9. Article 13, paragraph 3. Consultation between employers, workers and representatives. The Committee notes that the regulations referred to do not seem to include provisions specifying the procedures for the exercise of the rights referred to in paragraph 1, subsections (a), (b), (c) and (d), and paragraph 2, of Article 13, of the Convention. Please provide information on measures taken or envisaged in this regard.
10. Part V of the report form. Application in practice. Please provide additional information on how the Convention is applied in practice in your country, including extracts from inspection reports, and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, if possible disaggregated by sex, the number and the nature of infringements reported, etc.