Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Safety and Health in Mines Convention, 1995 (No. 176) - Morocco (Ratification: 2013)

The Committee notes the Government’s first report on the application of the Convention.

Article 2 of the Convention. Scope of application. The Committee notes that section 1(1) and (2) of the Regulations for the staff of mining enterprises (Mining Staff Regulations) states that the purpose of the Regulations is to manage relations between Moroccan employees and the employers in mining enterprises with over 300 staff. It also notes that pursuant to section 1(2), the Regulations can be made applicable to mining enterprises with more than 100 staff by an Order of the Minister responsible for mines. The Committee further notes the Government’s indication that draft amendments to the Mining Staff Regulations are being finalized. The Committee requests the Government to indicate the measures taken or envisaged, particularly in the context of amendments to the Mining Staff Regulations, to give progressive coverage to mining enterprises with fewer than 300 workers and also to non-Moroccan workers employed in mines, and to indicate the manner in which the employers’ and workers’ organizations concerned are consulted.

Article 3. Coherent policy on safety and health in mines. The Committee notes the indication in the Government’s report that the Occupational Medicine and Occupational Risk Prevention Board issued a number of recommendations in April 2014, including the setting up of a committee responsible for formulating a national policy and strategy for occupational safety and health (OSH). In this context, a summary report on the situation of OSH in Morocco was prepared and submitted to the Board in December 2014. A select committee of the Board will be responsible for formulating the national OSH policy and strategy and submitting them to the Board for approval. The Committee requests the Government to continue providing information on progress made with regard to the adoption of a national OSH policy and strategy and to indicate any measures taken or contemplated, in this context or as part of any other initiative, to formulate and implement a specific OSH policy for mines or, at the very least, to adopt specific measures for this sector. The Committee also requests the Government to indicate the manner in which the most representative organizations of employers and workers are consulted.

Articles 5(2)(c) and 10(d). Reporting and investigating fatal and serious accidents, dangerous occurrences and mine disasters. The Committee notes that sections 14–19 and 28–40 of Dahir No. 1-60-223 of 6 February 1963 concerning compensation for occupational accidents, lay down the rules concerning procedures for reporting and investigating occupational accidents. The Committee requests the Government to indicate whether there are any similar provisions concerning reporting and investigation procedures for mine disasters or dangerous occurrences in mines.

Article 5(2)(d). Compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences. The Committee notes the Government’s indication that the Department of Energy and Mines publishes a special bulletin on occupational accidents and diseases. The Committee requests the Government to indicate the content of this bulletin and the intervals at which it is published and, if possible, to send a copy of it.

Article 5(2)(f). Procedures to ensure the implementation of the rights of workers and their representatives to be consulted on matters and measures relating to safety and health at the workplace. The Committee notes the Government’s reference to the Mining Staff Regulations, sections 26–34 of which provide for the appointment of safety representatives. However, the Committee notes that section 27 of the Regulations states that this obligation only concerns mining enterprises employing at least 600 workers. In addition, the Committee notes that the Regulations do not contain any provisions concerning the rights of workers and their representatives to be consulted on matters and to participate in measures relating to safety and health at the workplace. The Committee requests the Government to indicate the measures taken or contemplated to establish effective procedures to ensure the implementation of the rights of workers and their representatives in all mining enterprises, regardless of the number of workers employed there.

Article 5(4). Requirements established by legislation. The Committee notes that the Labour Code, the General Regulations on the operation of non-fuel-producing mines (General Regulations), and also the Dahir of 2 March 1938 regulating the handling and land transportation of combustible materials, inflammable liquids, powders, explosives, munitions and pyrotechnics give effect to Article 5(4)(c) concerning protective measures in abandoned mine workings. However, it notes that the same provisions give only partial effect to Article 5(4)(a), (d) and (e). Moreover, the Committee notes the Government’s indication that the legislation does not lay down the obligation to provide self rescue respiratory devices for mineworkers, as provided for by Article 5(4)(b), but that mining enterprises do provide them in practice. The Committee recalls that under the terms of this Article, the national legislation must establish the obligation to provide and maintain adequate self-rescue respiratory devices for workers in underground coalmines and, where necessary, in other underground mines. The Committee therefore requests the Government to take the necessary steps to ensure that Article 5(4)(b) is fully reflected in the national legislation. It also requests the Government to indicate the national provisions:

• -specifying the requirements relating to mine rescue (Article 5(4)(a)) and to the storage and disposal of hazardous substances and waste produced at the mine (Article 5(4)(d));
• -relating to the supply and maintenance in a hygienic condition of eating facilities, and specifying whether washing facilities also include showers (Article 5(4)(e)).

Article 6. Order of priority in the treatment of risks. The Committee notes the Government’s indication that the procedure for assessing and dealing with risks is implicitly contained in the provisions of the General Regulations. The Committee requests the Government to provide detailed information on the manner in which it ensures in practice that mine employers take measures to assess and deal with risks according to the order of priority established in Article 6 of the Convention.

Article 7(i). Stoppage of operations and evacuation of workers where there is a serious danger to their safety and health. The Committee notes that under section 95 of the General Regulations the site manager must evacuate the site in the event of any danger and must bar access to it until the arrival of the security staff. However, it notes that section 96 provides that the workers must not leave the site before they have secured it. The Committee requests the Government to clarify the scope of section 96 of the General Regulations, specifying whether the application thereof affects the evacuation procedure prescribed by section 95.

Article 9. Measures taken by the employer where workers are exposed to physical, chemical or biological hazards. The Committee notes the Government’s reference in its report to the Labour Code and the regulations on mining operations, particularly the General Regulations. The Committee notes that in the absence of further information it is unable to identify the relevant provisions giving effect to Article 9 of the Convention. The Committee requests the Government to specify the national provisions laying down obligations for employers with regard to workers exposed to physical, chemical or biological hazards, in accordance with this Article of the Convention.

Article 10(a). Training of workers. The Committee notes that the Mining Staff Regulations provide that a service specifically responsible for the organization and provision of vocational training must be established within each enterprise. However, it notes that the Mining Staff Regulations do not contain any other provisions relating to training and retraining of mineworkers or instructions that they are entitled to receive concerning OSH and the tasks assigned to them. The Committee further observes that the Mining Staff Regulations only apply to mining enterprises employing at least 300 workers. The Committee requests the Government to provide detailed information on the manner in which training and retraining is provided for mineworkers and on the measures taken to ensure that they receive comprehensible instructions on safety, regardless of the number of workers in the enterprise.

Article 13(1), (2) and (4). Rights of workers and their representatives and exercise of these rights without discrimination or retaliation. The Committee notes that, under section 27 of the Mining Staff Regulations, safety representatives only have to be appointed for mining enterprises employing at least 600 workers. In addition, the Committee notes that the Government’s report does not contain any information on the effect given to Articles 13(1)(a)–(e), (2) and (4) of the Convention. The Committee requests the Government to indicate the manner in which the right of workers to collectively select safety and health representatives is ensured in mining enterprises employing fewer than 600 workers. It also requests the Government to provide detailed information on the manner in which effect is given to Article 13(1)(a)–(e), (2) and (4) of the Convention.

Absence of information on the application of certain provisions. The Committee notes that the Government’s report does not contain any information on the application of the following Articles: 7(g) (operating plan and procedures to ensure a safe system of work); 8 (emergency response plan); 12 (obligation of the employer in charge of the mine to coordinate the implementation of, and assume primary responsibility for, measures for the safety of operations); 14(b)–(d) (duties of workers); 15 (cooperation between employers and workers and their representatives). The Committee therefore requests the Government to provide detailed information on the manner in which effect is given to these Articles in law and practice.

Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported and the number, nature and cause of occupational accidents and cases of occupational disease.