Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Safety and Health in Mines Convention, 1995 (No. 176) - Peru (Ratification: 2008)

The Committee notes the observations concerning that report made by the Autonomous Workers’ Confederation of Peru (CATP), received on 1 September 2014.

Article 3 of the Convention. National policy on safety and health in mines, prior consultation with the most representative organizations of employers and workers concerned. In its previous comments, the Committee noted that the National Occupational Safety and Health Council, on 11 April 2013, approved the National Occupational Safety and Health Policy, and requested the Government to provide information on the aspects of the National Occupational Safety and Health Policy which are related to the present Convention, and to indicate whether it is planned to develop a national policy on safety and health in mines. The Government indicates, in its report, that while the National Occupational Safety and Health Policy does not set out any measures directly related to mining activities, this does not imply that it is not envisaged or could not be undertaken at a later date. In the framework of the first action line of the Policy, “to promote a harmonious, coherent and comprehensive regulatory framework on occupational safety and health”, the Ministry of Energy and Mines is formulating a bill to adapt occupational health regulations and other complementary measures. In this respect, the CATP indicates that the National Occupational Safety and Health Policy, approved by Supreme Decree No. 002-2013-TR, constitutes a general framework of state priorities in the area of occupational safety and health. It adds, however, that steps have not yet been taken to give effect to the National Occupational Safety and Health Policy in mines, in accordance with the Convention. The CATP also indicates that although the trade unions in the mining sector requested such a development and expressed their willingness to participate in the process, the Government has not taken specific action in this regard. The Committee requests the Government to adopt the necessary measures to formulate, implement and periodically revise a coherent national policy on safety and health in mines, particularly in relation to measures intended to give effect to the provisions of the Convention, taking into account the conditions and practice in the country, and undertaking prior consultation with the most representative organizations of employers and workers concerned; and to provide information on this matter, including on the results of the consultations.

The Committee is raising other matters in a request addressed directly to the Government.