Safety and Health in Mines Convention, 1995 (No. 176) - Belarus (RATIFICATION: 2020)

CMNT_TITLE

The Committee notes the Government’s first report.

Article 3 of the Convention. National policy on safety and health in mines. The Committee notes the Government’s indication that the main principles of the national occupational health and safety (OSH) policy applying to mines are set out in section 5 of the Act No. 356‑Z Occupational Safety and Health of 23 June 2008 (OSH Act). The Committee notes that several other pieces of legislation regulate OSH in mines, such as the Industrial Safety Act, the Subsoil Code and the Rules on ensuring industrial safety in the underground mining of salt deposits in the Republic of Belarus, approved by Resolution No. 45 of the Ministry of Emergencies of 30 August 2012 (hereinafter “Rules No. 45”). The Government indicates that consultations on the national OSH policy were conducted with the Federation of Trade Unions of Belarus and the Confederation of Industrialists and Entrepreneurs and aimed at organizing public consultation on draft legislation. 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 108). The Committee requests the Government to continue to provide information on the process of adoption and review of national legislation concerning OSH in mines and to indicate the nature of the consultations held with the most representative organizations of employers and workers in this regard.

Articles 5(2)(f) and 13(1)(f), (2)(a), (b), (d), (e) and (f). Effective procedures to ensure consultation with workers and their representatives. Safety and health representatives. The Committee notes the Government’s reference to section 11 of the OSH Act, which establishes workers’ right to access reliable information from the employer about the state of working conditions and OSH in the workplace, and to participate personally or through a legally authorized representative in the consideration of questions related to ensuring safe working conditions. The Committee also notes the Government’s indication that section 42 of the OSH Act provides that unionized workplaces can exercise non-state monitoring of OSH compliance through their technical labour inspectors, non‑state OSH inspectors and other authorized trade union representatives. The Committee also notes the Government’s reference to section 354 of the Labour Code which provides that the interests of workers may be represented by relevant trade unions and other representative bodies of employees acting on the basis of the law. While noting the provisions on trade union representatives,the Committee requests the Government to provide information on the provisions of national legislation establishing effective procedures to ensure the implementation of the rights of workers’ representatives to be consulted on matters and to participate in measures relating to safety and health at the workplace. The Committee also requests the Government to indicate the measures, in law and in practice, that provide for the right of workers to collectively select safety and health representatives (Article 13(1)(f)). It also requests the Government to provide information on the provisions of national legislation providing for the right of safety and health representative to (i) represent workers on all aspects of workplace safety and health and participate in inspections and investigations conducted by the employer and by the competent authority (Article 13(2)(a) and (b)); (ii) consult with the employer in a timely fashion on safety and health matters, including policies and procedures (Article 13(2)(d)); iii) consult with the competent authority (Article 13(2)(e)); and iv) to receive notice of accidents and dangerous occurrences (Article 13(2)(f)).

Article 5(3). Manufacture, storage, transport and use of explosives. The Committee notes that paragraph 31 of the Unified safety rules for blasting operations, provides for the supervision of blasting operations by master blasters. The Committee further notes that paragraph 3.4.4. of the Regulations on the storage, acquisition, transportation, use and recording of explosive materials provide that the work order must be signed by the head of blasting and ventilation services and approved by the head of the mine. The Committee notes that Article 5(3) requires that 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. The Committee requests the Government to provide information on the manner in which national legislation and practice give effect to this Article of the Convention.

Article 5(4)(c). Securing abandoned mine workings. The Committee notes the Government’s reference to the provisions of the Subsoil Code which prohibits the development of mineral deposits in violation of the requirements of the Code and the safety requirement for the placement of construction objects on the earth’s surface above a mined-out mineral deposit. The Committee notes that Article 5(4)(c) requires the adoption of protective measures to secure abandoned mine workings so as to eliminate or minimize risks to safety and health. Therefore, the Committee requests the Government to provide information on the legislation and practice giving effect to this Article of the Convention.

Article 5(4)(d). Safe storage, transportation and disposal of hazardous substances and waste. The Committee requests the Government to provide information on the manner in which national legislation and practice provide for the requirement of safe storage, transportation and disposal of hazardous substances used in the mining process and waste produced at the mine.

Article 5(5).Plans of workings. The Committee notes the Government’s reference to section 60 of the Subsoil Code which provides that subsoil users developing mineral deposits (which includes employers responsible for mines) are required to maintain geological and survey documentation and geological prognosis documentation. The Committee requests the Government to indicate the provisions of national legislation which provide for duty of the employer to prepare appropriate plans of workings before the start of operation and their periodical update in the event of any significant modification and which ensure that these plans are kept available at the mine site, in compliance with Article 5(5) of the Convention.

Article 6. Order of priority in dealing with risks. The Committee notes that section 17 of the OSH Act obliges the employer to develop, implement and maintain a functional OSH management system to identify hazards, assess occupational risks, and determine occupational risk management measures. The Committee also notes that paragraph 89 of the Occupational safety and health rules, approved by Resolution No. 53 of the Ministry of Labour and Social Protection of 1 July 2021 (Rules No. 53) requires the taking into account of risk factors when technological processes are developed. The Committee requests the Government to indicate whether the OSH management system required by section 17 of the OSH Act includes the assessment and management of risks in accordance with the priority established in Article 6 of the Convention and to provide detailed information on this matter.

Article 7(a). Electrical, mechanical and other equipment, including a communication system. The Committee notes the Government’s reference to paragraph 8 of the Instruction on the drafting, agreement and approval of project documentation for subsoil use and the amendment of such documentation, approved by Resolution No. 6/8 of the Ministry of Natural Resources and Environmental Protection and the Ministry of Emergencies of 20 February 2009, which states that the project documentation for subsoil use must include measures seeking to ensure environmental protection and efficient use of the subsoil, including measures intended to protect the subsoil, and measures to ensure compliance with industrial safety legislation. The Committee notes that Article 7(a) provides for the responsibility of the employer to ensure that the mine is designed, constructed and provided with electrical, mechanical and other equipment, including a communication system, to provide conditions for safe operation and a healthy working environment. Therefore, the Committee requests the Government to indicate the legislative and practical measures, which give effect to this Article of the Convention.

Article 7(b). Safe commissioning, maintenance and decommissioning of mines. The Committee notes the Government’s reference to sections 21 and 22 of the Industrial Safety Act, which provide that the entity responsible for industrial safety must identify a hazardous industrial facility before it is commissioned and that hazardous industrial facilities must be registered in the state register of hazardous industrial facilities and may be commissioned only after such registration. The Committee notes that Article 7(b) requires employers to take the necessary measures to ensure that the mine is commissioned, operated, maintained and decommissioned in such a way that workers can perform the work assigned to them without endangering their safety and health or that of other persons. Therefore, the Committee requests the Government to indicate the legislative and practical measures, which give effect to this Article of the Convention.

Article 9(a). Duty of the employer to provide information relating to exposure to physical, chemical or biological hazards. The Committee notes that the Government refers to section 17 of the OSH Act which provides for the obligation of the employer to provide information to workers concerning the state of working conditions and OSH in the workplace, existing health risks, and the relevant personal protective equipment and compensatory payments for working conditions. The Government also refers to the provisions of the Instruction on the drafting and adoption by employers of internal occupational safety and health regulations containing safety and health requirements, in the form of occupational safety and health guidelines for positions and/or particular types of work/services, approved by Resolution No. 176 of the Ministry of Labour and Social Protection of 28 November 2008. While taking note of this information, the Committee requests the Government to indicate the manner in which it is ensured, in law and in practice, that when workers are exposed to physical, chemical or biological hazards the employer shall inform them, in a comprehensible manner, of the hazards associated with their work, the health risks involved and relevant preventive and protective measures, in compliance with Article 9 (a) of the Convention.

Article 9(b). Duty of the employer to take appropriate measures to eliminate or minimize the risks resulting from exposure to biological hazards. The Committee notes the Government’s reference to paragraph 3 of the Instruction on planning and developing occupational safety and health measures, approved by Resolution No. 111 of the Ministry of Labour and Social Protection of 28 November 2013, which refers to the duty of the employer to prepare an OSH action plan which includes organizational, technical, public health and disease control, preventive and other measures intended to ensure workers’ safety during the operation of sites, permanent edifices (buildings and installations), selfcontained premises and equipment, the performance of technological processes, and the use of materials and chemicals during work. The Committee notes that, while this provision satisfies the duty of the employer to take appropriate measure to eliminate and minimize physical and chemical hazards, it does not cover the duty of the employer with regard to biological hazards. Therefore, the Committee requests the Government to provide information on the provisions of national legislation, which give effect to Article 9(b) with respect to biological hazards.

Article 10(c). Recording system of probable location of all persons who are underground. The Committee notes the Government’s reference to paragraph 54 of the Rules No. 45, which provide that a record is to be kept of all persons entering and leaving the mine. On leaving the mine, lamps for individual use and selfrescuers must be returned to the lamp room immediately. If two hours after the end of a shift it emerges that lamps for individual use and selfrescuers have not been returned by all those entering the mine, the lamproom shift supervisor must immediately inform the dispatcher, who must immediately ascertain why workers have been delayed in the mine and, if necessary, take the appropriate actions. The Committee notes that Article 10(c) requires the employer to establish a system that allows to know the probable location of persons underground at any given time. The Committee requests the Government to provide information on the legislative and practical measures, which give effect to this Article of the Convention.

Article 12. Coordination when two or more employers undertake activities at the same workplace. The Committee notes the Government’s reference to section 17 of the OSH Act, which provides that if sites, permanent edifices (buildings and installations), selfcontained premises, and equipment are used by several employers, they are jointly responsible for OSH pursuant to a written agreement, unless otherwise provided by the Act. The Government also refers to section 34 of the same Act which provides that an employer who possesses (owns or uses) the land, permanent buildings and installations, self‑contained premises or other immovable property located on that land, as well as the industrial equipment when it is used, is generally responsible for ensuring compliance with OSH requirements. The Committee requests the Government to indicate how it is ensured that the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations, in compliance with Article 12 of the Convention.

Article 13(1)(a). Right of workers to report accidents, dangerous occurrences and hazards to the competent authority. The Committee notes the Government’s indication that section 26 of the Industrial Safety Act and section 19 of the OSH Act provide for workers’ obligation to report to the employer a situation of danger for life and health at the workplace. The Committee requests the Government to provide information on legislative and other measures to ensure workers’ right to report accidents, dangerous occurrences and hazards to the competent authority.

Article 13(1)(b). Right of workers to request and obtain inspections and investigations. The Committee notes the Government’s reference to section 11 of the OSH Act which provides for worker’s right to participate in the consideration of questions related to ensuring safe working conditions, in the conduct of OSH inspections by monitoring authorities at their workplace, and in the investigation of occupational accidents and diseases that have affected them. The Committee requests the Government to provide information on the legislative and practical measures to ensure that workers have the right to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the employer as well as the competent authority, in accordance with Article 13(1)(b) of the Convention.

Article 13(1)(e). Right of workers to remove themselves from danger. The Committee notes the Government’s indication that section 11 of the OSH Act confers a right to workers to refuse to perform assigned work in the event of direct danger to life and health. The Committee requests the Government to indicate how it is ensured that workers have the right to remove themselves from any location at the mine when circumstances arise which appear, with reasonable justification, to pose a serious danger to their safety or health, in compliance with Article 13(1)(e) of the Convention.

Article 13(1), (2) and (3). Procedures for the exercise of rights of workers and their representatives. The Committee notes the Government’s indication that under section 361 of the Labour Code, an organization‑level collective agreement is to be concluded to regulate labour and socio‑economic relations between an employer and its workers. The Committee requests the Government to indicate whether consultations between employers and workers and their representatives have been held to determine the procedures for the exercise of the rights envisaged in paragraphs 1 and 2 of Article 13 of the Convention and to provide information in this regard.

Article 13(4). Protection against discrimination and retaliation. The Committee notes the Government’s reference to section 26 of the Trade Unions Act which prohibits unlawful restrictions of trade unions’ rights and creation of obstructions to the exercise of their powers. The Committee requests the Government to provide information on the manner in which workers and their representatives are entitled to exercise the rights provided in Article 13(1) and (2) without discrimination or retaliation, also in cases where workers are not part of trade unions.

Article 15. Cooperation between employers and workers and their representatives. The Committee notes that section 18 of the OSH Act entitles employers to use incentives and financial rewards to encourage workers to comply with OSH requirements. The Committee notes that Article 15 of the Convention requires measures to be taken to encourage cooperation between employers and workers and their representatives to promote safety and health in mines. The Committee therefore requests the Government to indicate the manner in which effect is given to this Article of the Convention.