Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Convention (n° 176) sur la sécurité et la santé dans les mines, 1995 - Slovaquie (Ratification: 1998)

1. The Committee notes the information contained in the Government’s reports and the attached legislation. While effect appears to be parts of the Convention, the Committee requests the Government to provide additional information on the following points.

2. Article 3 of the Convention. Formulation, carrying out and periodic review of a national policy. The Committee notes the information provided by the Government in which reference is made to general actions taken in the area of occupational safety and health. With reference to the more specific requirements in Article 3 of the Convention, the Committee would be grateful if the Government would provide additional information on whether any national policy on safety and health in mines has been formulated and whether measures have been taken to implement and periodically review this policy.

3. Article 4, paragraph 2. Technical standards, guidelines and codes of practice. The Committee notes that while the Government refers to a large number of legislative instruments giving effect to the Convention, the Committee notes that the Government’s report is silent on the more specific issue as to whether more technical standards, guidelines of codes of practice have been developed to assist in the practical implementation of the Convention. The Committee requests the Government to indicate whether technical standards, guidelines or codes of practice supplementing the national laws and regulations have been adopted giving effect to the Convention.

4. Article 5, paragraph 4(d). Safe storage, transportation and disposal of hazardous substances and waste produced at the mines. The Committee notes that section 32 of Decree No. 21/1989 provides that the employer shall identify sites for waste bins and waste must be removed from the underground areas at regular intervals. The Committee requests the Government to provide more specific information on how the safe storage, transportation and disposal of hazardous substances used in the mining process and waste produced at the mine is ensured in practice.

5. Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. The Committee notes that section 3(4) of Decree No. 117/2002 provides that when different employers work together at the same workplace, each employer shall be held responsible for the activities of which she/he is in charge and that the employer responsible for the workplace shall coordinate the implementation of all measures concerning employees’ safety and health protection. The Committee requests the Government to indicate whether specific provisions of national legislation according to which employer in charge of the mine is held primarily responsible for the safety of operations, when two or more employers undertake activities at the same mine.

6. Noting that the Government’s report is silent on these issues, the Committee requests the Government to provide information on how effect is given to the following provisions of the Convention:

–      Article 7, paragraph (g). Operation plan and procedures ensuring a safe system of work;

–      Article 13, paragraph 2(c). Rights of safety and health representatives to have recourse to advisers and independent experts; and

–      Article 13, paragraph 3. Rights and duties of workers and their representatives.

7. Part V of the report form. Application in practice. In order to be able to appreciate the application in practice of the present Convention in Slovakia, the Committee requests the Government to provide a general appreciation of how it is applied and to supply extracts from inspection reports, and where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, disaggregated by gender, if possible, the number and nature of the infringements, etc.