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Safety and Health in Mines Convention, 1995 (No. 176) - Mozambique (RATIFICATION: 2018)

The Committee takes note of the information provided by the Government in its first report.

Article 3 of the Convention. National policy on safety and health in mines. The Committee notes the Government’s indication that the measures taken to develop, implement and periodically review a safety and health policy for mines, which provides for regulation of the safety aspects in geological and mining activities are: the Technical Safety Regulations for Geological and Mining Activities (decree no 61/2006); the Regulations on Inspection Activity for Mining Resources and Energy (decree no. 34/2019); and the Regulations on the National System of Search and Rescue for the Extractive Industry of Mining Resources and Energy (decree no. 32/2019). The Committee also notes the Government's indication that the decree No. 31 of 2019 established the Inspectorate-General and provincial inspection delegations which are responsible for monitoring the implementation of the Technical Safety Regulations for Geological and Mining Activities, as a way of gradually developing a national safety and health system for mining activities. Finally, the Committee notes the Government's indication that the Mining Act of 18 August 2004 and the Safety Regulations are currently being amended. The Committee recalls that a safety and health policy for mines can take different forms ranging from a specific national policy document to a coherent set of laws and implementing regulations, complemented by a tripartite review process (2017 General Survey, Working together to promote a safe and healthy working environment, paragraph 97). The Committee requests the Government to provide information on progress made in the revision of the national legislation and to provide a copy of the act and regulations once adopted.

Article 5(2)(f) and Article 15. Rights of workers and their representatives to be consulted on matters and to participate in measures relating to safety and health. The Committee notes that section 273 of the Safety Regulations provides for the establishment of health and safety committees in mining operations with more than 200 workers and in those that do not reach this number but present exceptional risks of accidents. According to section 274 of the Safety Regulations, the health and safety committee includes an equal number of workers’ representatives and representatives from the mining company. The Committee requests the Government to indicate the procedures to ensure the implementation of the rights of workers and their representatives to be consulted on matters and to participate in measures relating to safety and health in workplaces with less than 200 workers and in those that do not present exceptional risks of accidents.

Article 5(3). Manufacture, storage, transport and use of explosives. The Committee notes that section 16 of the Safety Regulations provides that removal from the warehouse, storage, and distribution of unused explosive products must be carried out by persons duly authorized in accordance with the applicable legislation. The Committee requests the Government to indicate the provisions of national legislation that provide that the manufacture, storage, transport and use of explosives and initiating devices at the mine shall be carried out by or under the direct supervision of competent and authorized persons.

Article 5(4)(d). Safe storage, transportation and disposal of hazardous substances and waste produced. The Committee notes that Chapter I of the Safety Regulations regulates aspects of storage and transport of explosive products but does not provide for the requirement of safe disposal of hazardous substances and waste produced at the mine. The Committee requests the Government to indicate the provisions of national legislation which give effect to this article of the Convention.

Article 7(i). Obligation to stop operations and evacuate workers. The Committee notes that section 10 of the Safety Regulations provides that whenever situations of risk to the life or health of the worker arise, the mining titleholder or mining operator must immediately communicate such fact to the Inspectorate-General of Mining Resources and Energy, who may determine the immediate suspension of work directly or indirectly connected with such risks. The Committee requests the Government to indicate the provisions of national legislation which foresee the obligation of the employer to stop operations and evacuate workers in case of serious danger to their safety and health.

Article 9(b). Obligation to eliminate or minimize the risks resulting from exposure to hazards. Noting the absence of information on this matter, the Committee requests the Government to indicate the provisions of national legislation implementing this Article of the Convention.

Article 13, paragraph 2(e) and (f), and 4. Rights of workers’ representatives. Protection against discrimination or retaliation. The Committee notes that section 8(2) of the Safety Regulations provides for the rights of workers’ representatives to represent workers on all aspects of workplace safety and health, to participate in inspections and investigations conducted by the employer, to have recourse to advisers and independent experts and to consult with the employer in a timely manner on safety and health matters. However, the Committee notes that the national legislation does not contain provisions on the rights of workers’ representatives to consult with the competent authority (Article 13(2)(e)) and the right of workers’ representatives to receive notice of accidents and dangerous occurrences (Article 13(2)(f)). The Committee also notes that the national legislation does not ensure that these rights can be exercised without discrimination or retaliation, in accordance with Article 13(4). The Committee requests the Government to provide information on the measures adopted in order to give effect to Article 13 (2) (e) and (f) and Article 13 (4) of the Convention.

Article 16. Resources of the inspection services. Application in practice. The Committee notes that the Regulations on Inspection Activity for Mining Resources and Energy, adopted by Decree No. 34 of 2019, establish the Inspectorate-General of Mining Resources and Energy (IGREME), which is responsible for inspection activities in the mining sector. The Committee requests the Government to provide information on the human and material resources allocated to the IGREME. It also requests the Government to provide statistical information on the number of inspections carried out, violations identified and penalties imposed.