Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

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

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.