Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Safety and Health in Mines Convention, 1995 (No. 176) - United States of America (Ratification: 2001)

The Committee notes with interest the detailed information provided by the Government in its latest report indicating recent legislative amendments, including the Mine Improvement and New Emergency Response Act of 2006 (MINER Act), and regulatory changes from 2005 to 2008 brought about by decisions of the Mine Safety and Health Administration (MSHA), which give further effect to the provisions of the Convention. It notes, in particular, the reformulated requirement for each underground coalmine to adopt a written emergency response plan (ERP) in accordance with Article 8 of the Convention, and that such plans have been approved for all underground coalmines with a few exceptions. The Committee also notes the increased penalties and sanctions imposable for violations of the Act. The Committee further notes the responses to its comments provided by the Government indicating further effect given to Articles 7(a), (c), (d) and (e), 10(e), and 13(3)(a) of the Convention. The Committee asks the Government to continue to provide information on any relevant legislative or other measures undertaken with regard to the Convention.

Article 9, subparagraph (c). Provision of protective equipment, necessary clothing and other facilities. The Committee notes the information provided by the Government in its reports indicating that all mine operators are required to provide miners with noise protection when noise exposure equals or exceeds the prescribed action level, and that such equipment shall be provided at no cost to the miner (30 C.F.R s62.160). The Committee further notes that special protective equipment and special protective clothing must be provided (30 C.F.R ss56.15006 and 57.15006). However, the Government does not state whether other types of protective equipment (outside of noise protection), necessary clothing or other facilities, are to be provided at no cost to the miner. The Committee requests the Government to provide further information in this regard and to indicate what measures have been taken, or are envisaged, to give full effect to Article 9(c) of the Convention.

Article 13. Right of workers to report accidents, dangerous occurrences and hazards (Article 13, paragraph 1(a)) and to collectively select safety and health representatives (Article 13, paragraph 1(f)); and rights of safety and health representatives (Article 13, paragraphs 2(a), 2(b)(ii), 2(c) and 2(d)). The Committee notes the information provided by the Government indicating that section 103 of the Federal Mine Safety Act 1977 (the Mine Act) gives the miners’ representative or, if there is no such representative, a miner the right to obtain an immediate inspection by giving notice whenever he has reasonable grounds to believe that violation of a mandatory health or safety standard exists. The Committee also notes that the Government has indicated that under the National Labor Relations Act workers are guaranteed the right to bargain collectively through representatives of their choosing. The Committee notes that this information addresses mainly the effect given to Article 13(1)(b) and (f) but does not seem to address how effect is given to the other provisions of Article 13 noted above. The Committee therefore asks the Government to provide further information regarding relevant laws or regulations ensuring that workers have the right,

–           regardless of the existence of a workers’ representative, to report accidents, dangerous occurrences and hazards to the employer and to the competent authority (Article 13(1)(a));

–           to collectively select safety and health representatives (Article 13(1)(f)).

The Committee also asks the Government to provide further information regarding relevant laws or regulations ensuring that safety and health representatives have the right to:

–           represent workers on all aspects of workplace safety and health, including the right to report accidents, dangerous occurrences and hazards to the employer and to the competent authority (Article 13(2)(a));

–           monitor and investigate safety and health matters (Article 13(2)(b)(ii));

–           have recourse to advisers and independent experts (Article 13(2)(c));

–           consult with the employer in a timely fashion on safety and health matters, including on policies and procedures (Article 13(2)(d)).

Article 14, subparagraph (c). Duty of workers to report risky situations. The Committee notes the Government’s statement that under the Mine Act mine operators, with the assistance of the miners, have the primary responsibility to prevent the existence of unsafe and unhealthy mine conditions, and that miners are protected from discrimination or reprisal for making complaints to MSHA, or the mine operator, regarding safety and health violations. The Committee further notes the information on regulations providing for training of mineworkers. The Committee asks the Government to indicate whether laws or regulations ensure that workers have a duty to report forthwith to their immediate supervisor any situation which they believe could present a risk to their safety and health, or that of other persons, and which they believe they cannot properly deal with themselves.

Part V of the report form. Application in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country and attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents reported.