Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Convention (n° 176) sur la sécurité et la santé dans les mines, 1995 - Afrique du Sud (Ratification: 2000)

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.