Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Safety and Health in Mines Convention, 1995 (No. 176) - Austria (Ratification: 1999)

1. The Committee takes note of the report of the Government and the various laws referred to in the report. The Committee requests the Government to supply clarifications and supplementary information in respect of the following points.

2. Article 1, paragraph 1 of the Convention. Definition of "mine". The Committee notes the indication of the Government that since 1 January 1999, the Federal Occupational Safety and Health Act has applied without restriction to all workplaces covered by the Convention. Please indicate the specific provisions of national legislation that define the term "mine".

3. Article 4, paragraph 2. Standards supplementing national laws and regulations. The Committee notes the indication of the Government that there is a draft of Austrian standards to supplement the relevant national laws and regulations. Please clarify whether these standards have been approved and come into effect and, if so, transmit a copy of the standards.

4. Article 5, paragraph 2(b). Inspection of mines. The Committee notes the indication of the Government that as per well-established practice, labour inspectors are appointed by the competent authority, the central labour inspectorate. The requirements of Article 5, paragraph 2, need to however be specified by national laws and regulations. Therefore, please indicate the specific provisions of national legislation that provide for the inspection of mines.

5. Article 5, paragraph 2(c). Investigation of accidents, dangerous occurrences and mine disasters. The Committee notes the indication of the Government that under section 98, paragraph 1, subparagraph 4, of the Federal Occupational Safety and Health Act (Arbeitnehmer Innenshutzegesetz, AschG; BGBl. No. 450/1994 as amended, Federal Law Gazette, BGBl. I No.70/1999) and section 93 Federal Minerals Act (Mineralrohstoffgesetz-MinroG; BGBl. I No. 38/1999 as amended in BGBl No. 197/1999), employers are required to report accidents and dangerous incidents to the concerned labour inspectorate. Please indicate the specific provisions of national legislation that provide for the investigation of fatal and serious accidents, dangerous occurrences and mine disasters.

6. Article 5, paragraph 2(d). Statistics on accidents, occupational diseases and dangerous occurrences. The Government generally indicates that under section 19, paragraph 1, of the Federal Labour Inspection Act (Arbeitsinpsektiongesetz 1993-ArbiG; BGBl. No. 27/1993 as amended in BGBl. I No. 38/1999), labour inspectorates are required to submit an annual report to the Federal Ministry of Industry and Labour on their activities and supervision and that these reports have to be approved by the Federal Minister of Industry and Labour for submission to the National Assembly and for publication. Please indicate whether these annual reports contain statistics on accidents, occupational diseases and dangerous occurrences.

7. Article 5, paragraph 4(d). Safe disposal of hazardous substances used in the mining process and waste produced at the mine. The Committee notes that section 41 AschG; section 44, paragraph 1, AschG and section 110, paragraph 8, AschG together with section 65 of the Regulations of the Federal Minister of Social Security of 11 March 1983 on general provisions for the protection of life, health and morality of workers (General Occupational Safety and Health Regulations-AAV; BGBl. I No. 218/1983 as amended in BGBl. II No. 164/2000) contain requirements in respect of the storage and transport of hazardous substances and waste materials. In addition, section 8 of the regulations on the protection of life and health of workers involved in blasting operations and sections 46 and following of the General Mining Control Regulations on extraction and loading also require the safe transport of such materials. Please indicate the specific provisions of national legislation relating to the safe disposal of hazardous substances used in the mining process and waste produced at the mine.

8. Article 7(a). Design and construction of mine. Please indicate the specific provisions of national legislation that require the employer to ensure that the mine is designed, constructed and provided with electrical and mechanical equipment so as to provide conditions for safe operation and a healthy working environment.

9. Article 9(d). Transportation for injured and ill workers and access to medical facilities. Please indicate the measures to be taken by employers to ensure that workers who have suffered an injury or illness at the workplace are provided with appropriate transportation from the workplace and access to appropriate medical facilities.

10. Article 10(d). Investigation of accidents and dangerous occurrences. Please indicate the legislative or practical measures taken towards requiring the employer to ensure that all accidents and dangerous occurrences are investigated and that appropriate remedial action is taken following dangerous occurrences.

11. Article 13, paragraph 2(c). Right of safety and health representatives to consult independent experts. The Committee notes that the information furnished by the Government indicates that safety and health representatives may advise the employer to consult specialist experts on safety and health issues. Please indicate whether safety and health representatives themselves have the right under the law to consult advisers and independent experts on occupational safety and health issues.