Safety and Health in Mines Convention, 1995 (No. 176) - Ireland (Ratification: 1998)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 3 of the Convention. Policy on safety and health in mines. With reference to its previous request concerning further developments with regard to the national policy on safety and health in mines in the context of periodical reviews undertaken thereof, the Committee notes that pursuant to section 43 of the Safety, Health and Welfare at Work Act, 2005, the Health and Safety Authority (HSA) develops a strategy statement specifying its key objectives, outputs and related strategies every three years. In this regard, the Committee notes the Government’s indication in its report that the current national policy on occupational safety and health is contained in the Strategy Statement 2016–18, which is implemented by the HSA through its annual Programme of Work. The Government indicates that in 2016, the HSA’s annual Programme of Work would have a particular focus on quarries. Moreover, the Committee notes the Government’s statement that the draft consolidated safety, health and welfare at work (mines) regulations, which were drawn upon by the HSA in consultation with workers’ and employers’ representatives, are currently under review by the Office of the Parliamentary Counsel to the Government. The Committee requests the Government to continue to provide information on any further developments regarding its national policy on safety and health in mines and, in particular, on the progress as regards the adoption of the draft safety, health and welfare at work (mines) regulations.

Article 4(2). Codes of practice. The Committee notes the information provided by the Government in reply to its previous request that the code of practice for operators of quarry delivery vehicles (employing three or less employees) was adopted in 2012 and that it is being extensively used within the sector. The Committee takes note of this information.

Article 13(2)(c) and (3). Right of safety and health representatives to have recourse to independent experts. Procedure. The Committee previously noted the indication of the Government that there was no restriction or exclusion to the possibility for safety and health representatives to have recourse to independent experts, while there was no specific legislative provision on this subject. The Committee recalls that under Article 13(3) the procedure for the exercise of this right shall be specified by national law and regulations, and through consultation between employers and workers and their representatives. The Committee requests the Government to provide information on the measures taken or envisaged to establish such a procedure.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee requests the Government to take due account of the Convention in the context of the framing of the new consolidated Mining Regulations and to provide information on progress in this respect.

Article 3. Policy on safety and health in mines. The Committee notes the Government’s stated intention to rationalize, consolidate and simplify its national legislation governing its quarries and underground mining activities by taking account of technical, economic and legislative changes and that the 2008 Quarries Regulations were drawn up by the HSA in consultation with the Quarries Sector Health and Safety Steering Committee involving all the major players and included public consultation. As previously noted, this legislation is based on a preventive approach placing duties on all persons involved in the place of work and allowing for fines of up to €3 million and/or imprisonment for two years. The Committee requests the Government to provide information on any further developments regarding its national policy on safety and health in mines in the context of periodical reviews undertaken thereof.

Article 4(2). Codes of practice. The Committee notes the considerations favouring the development of the specific and targeted code of practice for Operators of Quarry Delivery Vehicles (employing three or less employees), which reportedly is in the final stages of its preparation. The Committee requests the Government to provide information on progress as regards the adoption of this as well as other relevant codes of practice.

Article 13(2)(c). Right of safety and health representatives to have recourse to independent experts. The Committee notes the information that while there is no specific legislative provision specifically granting safety representatives the right to have access to independent experts, there are no restrictions of exclusions. The Committee requests the Government to take all relevant measures to ensure compliance with this provision and to provide information on progress in this respect.

Application of the Convention in practice. The Committee asks the Government to continue to provide information on the application of this Convention in practice, including further details of any analyses carried out as to the most significant measures contributing to the downward trend in the accident and fatality levels in this sector.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Legislation. The Committee notes the Government’s report, and the detailed information regarding undertaken and planned legislative changes. It notes the adoption of the Safety, Health and Welfare at Work (Quarries) Regulations 2008 (S.I. No. 28 of 2008) (Quarries Regulations) consolidating all provisions relating to quarries; the revised General Application Regulations 2007; the Waste Management (Management of Waste from Extractive Industries) Regulations, 2009 (S.I. No. 566 of 2009); and the information that all legislation is publicly available on its website www.hsa.ie. It also notes the Government’s intention to consolidate all provisions relating to underground mining and that the Health and Safety Authority (HSA) has developed proposals for new draft consolidated Mines Regulations to similarly simplify and modernize mining legislation and which will allow for the revocation of the remainder of the Mines and Quarries Act, 1965 and Regulations. In addition, the Committee notes the information provided by the Government regarding effect given to Article 1(1)(b) of the Convention. The Committee invites the Government to continue to provide information on any relevant legislative changes concerning the application of the Convention.

Article 3. Policy on safety and health in mines. The Committee notes the Government’s stated intention to rationalize, consolidate and simplify its national legislation governing its quarries and underground mining activities by taking account of technical, economic and legislative changes and that the 2008 Quarries Regulations were drawn up by the HSA in consultation with the Quarries Sector Health and Safety Steering Committee involving all the major players and included public consultation. As previously noted, this legislation is based on a preventive approach placing duties on all persons involved in the place of work and allowing for fines of up to €3 million and/or imprisonment for two years. The Committee requests the Government to keep the Office informed of any further developments regarding its national policy on safety and health in mines in the context of periodical reviews undertaken thereof.

Article 4(2). Codes of practice. The Committee notes the detailed information provided regarding its efforts to ensure the availability of targeted and relevant codes of practice. It also notes the considerations favouring the development of the specific and targeted code of practice for Operators of Quarry Delivery Vehicles (employing three or less employees), which reportedly is in the final stages of its preparation. The Committee requests the Government to keep the Office informed of progress as regards the adoption of this as well as other relevant codes of practice.

Article 5(4)(d). Safe storage, transportation and disposal of hazardous substances and waste. The Committee notes the information provided regarding sections 9(2)(b), 32(2)(c), 55(2)(c)(ii) and 61 of the Quarries Regulations and the Waste Management (Management of Waste from Extractive Industries) Regulations 2009 (S.I. No. 566 of 2009) applicable to waste management in all extractive industries. As regards the safe transportation and disposal of hazardous substances used in the mining process, the Committee notes the reference to the older legislation which, as noted above, is in the process of being revised. The Committee requests the Government to take due account of the present provision in the context of the framing of the new consolidated Mining Regulations and to keep the Committee informed of progress in this respect.

Article 7(b). Safe decommissioning of mines. The Committee notes the information that the safe decommissioning of mines and quarries is generally dealt with under planning, licensing and environmental legislation, that risk assessments are required to identify any hazards related thereto, that section 9(2)(f) of the Quarries Regulations now requires that in the event of the permanent cessation of quarrying operations (which includes decommissioning), the quarry is left, so far as it is reasonably practicable, in a safe condition, and that the new consolidated Mines Regulations have a similar provision. The Committee requests the Government to take due account of the present provision in the context of the framing of the new consolidated Mining Regulations and to submit a copy of these Regulations once they have been adopted.

Article 13(2)(c). Right of safety and health representatives to have recourse to independent experts. The Committee notes the information that while there is no specific legislative provision specifically granting safety representatives the right to have access to independent experts, there are no restrictions of exclusions. The Committee requests the Government to take all relevant measures to ensure compliance with this provision and to provide information on progress in this respect.

Part V of the report form. Application of the Convention in practice. The Committee welcomes the priority afforded to the mining and quarry sector by the HSA. It also notes the decreasing number of fatalities and decreasing accident levels in this sector over the past ten years, and that while the Government considers that this has been in part influenced by the reduction in activities in the quarrying sectors, the drop in accident levels from 2006 onwards could be attributed to the new quarry regulations, the implementation of best practice throughout the sector, and the continued encouragement of safe systems of work, safe plant equipment and continued automation and mechanization, combined with increased competence of those working in the industry. The Committee asks the Government to continue to provide information on the application of this Convention in practice, including further details of any analyses carried out as to the most significant measures contributing to the downward trend in the accident and fatality levels in this sector.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes the report of the Government and the information provided in response to its previous comments. It also notes that the Safety, Health and Welfare at Work Act, 2005, repeals and replaces the Safety, Health and Welfare Act, 1989, from 1 September 2005. The Committee proposes to examine the provisions of the Act in detail at its next session. In the meantime, the Committee requests the Government to provide clarification or supplementary information in respect of the following points.

Article 1(1)(b) of the Convention. Definition of “mine”. The Committee notes that section 4 of the Mines and Quarries Act, 1965, defines the term “mine” and that Regulation 2 of the Safety, Health and Welfare at Work (Extractive Industries) Regulations, 1997, defines the term “extractive industry”. The Committee notes that according to these definitions it is not clear whether all machinery, equipment, appliances, plant, buildings and civil engineering structures used in conjunction with the activities of exploration, extraction and preparation of minerals are covered by the definition of “mine” under the Mines and Quarries Act, 1965. Therefore, please clarify whether the definition of the term “mine” under the said Act would include all machinery, equipment, appliances, plant, buildings and civil engineering structures used in conjunction with the activities of exploration, extraction and preparation of minerals.

Article 3. Policy on safety and health in mines. The Committee notes with interest the information that draft safety, health and welfare at work (quarries) regulations are being developed by the Quarries Sector Health and Safety Steering Committee and are expected to be adopted shortly. It also notes that the new regulations will be supported by extensive guidelines. It further notes that the Health and Safety Authority is developing proposals for new draft consolidated mines regulations to bring up to date the country’s mining legislation. Please indicate the present status of these processes and transmit copies of the regulations and guidelines, when adopted.

Article 4(2). Codes of practice. The Committee notes the indication of the Government that a guidance document for workers’ representatives has been drafted and that a quarry safety calendar aimed at providing guidance to workers has also been produced. It also notes that the Health and Safety Authority intends to develop a code of practice for health and safety in quarries having three or fewer employees. Please indicate the progress made in this regard and transmit a copy of the code of practice, when adopted.

Article 5(4)(d). Safe transport and disposal of hazardous substances and waste. The Committee takes note of paragraphs 9, 14 and 23 of the second schedule to the Safety, Health and Welfare at Work (Extractive Industries) Regulations, 1997. It also notes that the said schedule applies only to underground extractive industries. Therefore, please indicate the specific provisions of national legislation that require the safe disposal of wastes produced in surface mines. Also, please indicate the specific provisions of national legislation that require the safe transportation of hazardous substances used in the mining process and waste produced at mines.

Article 7(b). Safe decommissioning of mines. The Committee notes the indication of the Government that the issue of safe decommissioning of mines is not specifically dealt with in current legislation but that it would be taken into consideration while framing the new consolidated regulations. Please indicate the progress made in this regard.

Article 13(2)(c). Right of safety and health representatives to have recourse to independent experts. The Committee notes that section 25(2)(i) and (j) of the Safety, Health and Welfare at Work Act, 2005, enables safety and health representatives to receive advice and information from inspectors and to consult with other safety and health representatives in the undertaking. The Committee wishes to draw the attention of the Government to Article 13(2)(c) of the Convention which requires national legislation to grant safety and health representatives the right to have recourse to independent experts. Therefore, please indicate the measures taken or envisaged to grant this right to safety and health representatives under national laws and regulations.

Part V of the report form. Practical application of the Convention. The Committee notes that six fatal accidents occurred in mines and quarries in the country in the first ten months of the year 2005. It also notes the indication of the Government that through cooperation with the industry, the Health and Safety Authority hopes to eliminate the occurrence of serious and fatal accidents. The Committee invites the Government to indicate the measures taken in this regard and continue to provide statistics on the practical application of this Convention in the country.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the report of the Government and the information provided in response to its previous comments. It also notes that the Safety, Health and Welfare at Work Act, 2005, repeals and replaces the Safety, Health and Welfare Act, 1989, from 1 September 2005. The Committee proposes to examine the provisions of the Act in detail at its next session. In the meantime, the Committee requests the Government to provide clarification or supplementary information in respect of the following points.

Article 1(1)(b) of the Convention. Definition of “mine”. The Committee notes that section 4 of the Mines and Quarries Act, 1965, defines the term “mine” and that Regulation 2 of the Safety, Health and Welfare at Work (Extractive Industries) Regulations, 1997, defines the term “extractive industry”. The Committee notes that according to these definitions it is not clear whether all machinery, equipment, appliances, plant, buildings and civil engineering structures used in conjunction with the activities of exploration, extraction and preparation of minerals are covered by the definition of “mine” under the Mines and Quarries Act, 1965. Therefore, please clarify whether the definition of the term “mine” under the said Act would include all machinery, equipment, appliances, plant, buildings and civil engineering structures used in conjunction with the activities of exploration, extraction and preparation of minerals.

Article 3. Policy on safety and health in mines. The Committee notes with interest the information that draft safety, health and welfare at work (quarries) regulations are being developed by the Quarries Sector Health and Safety Steering Committee and are expected to be adopted shortly. It also notes that the new regulations will be supported by extensive guidelines. It further notes that the Health and Safety Authority is developing proposals for new draft consolidated mines regulations to bring up to date the country’s mining legislation. Please indicate the present status of these processes and transmit copies of the regulations and guidelines, when adopted.

Article 4(2). Codes of practice. The Committee notes the indication of the Government that a guidance document for workers’ representatives has been drafted and that a quarry safety calendar aimed at providing guidance to workers has also been produced. It also notes that the Health and Safety Authority intends to develop a code of practice for health and safety in quarries having three or fewer employees. Please indicate the progress made in this regard and transmit a copy of the code of practice, when adopted.

Article 5(4)(d). Safe transport and disposal of hazardous substances and waste. The Committee takes note of paragraphs 9, 14 and 23 of the second schedule to the Safety, Health and Welfare at Work (Extractive Industries) Regulations, 1997. It also notes that the said schedule applies only to underground extractive industries. Therefore, please indicate the specific provisions of national legislation that require the safe disposal of wastes produced in surface mines. Also, please indicate the specific provisions of national legislation that require the safe transportation of hazardous substances used in the mining process and waste produced at mines.

Article 7(b). Safe decommissioning of mines. The Committee notes the indication of the Government that the issue of safe decommissioning of mines is not specifically dealt with in current legislation but that it would be taken into consideration while framing the new consolidated regulations. Please indicate the progress made in this regard.

Article 13(2)(c). Right of safety and health representatives to have recourse to independent experts. The Committee notes that section 25(2)(i) and (j) of the Safety, Health and Welfare at Work Act, 2005, enables safety and health representatives to receive advice and information from inspectors and to consult with other safety and health representatives in the undertaking. The Committee wishes to draw the attention of the Government to Article 13(2)(c) of the Convention which requires national legislation to grant safety and health representatives the right to have recourse to independent experts. Therefore, please indicate the measures taken or envisaged to grant this right to safety and health representatives under national laws and regulations.

Part V of the report form. Practical application of the Convention. The Committee notes that six fatal accidents occurred in mines and quarries in the country in the first ten months of the year 2005. It also notes the indication of the Government that through cooperation with the industry, the Health and Safety Authority hopes to eliminate the occurrence of serious and fatal accidents. The Committee invites the Government to indicate the measures taken in this regard and continue to provide statistics on the practical application of this Convention in the country.

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

1. The Committee notes the report of the Government and the information provided in response to its previous comments. It also notes that the Safety, Health and Welfare at Work Act, 2005, repeals and replaces the Safety, Health and Welfare Act, 1989, from 1 September 2005. The Committee proposes to examine the provisions of the Act in detail at its next session. In the meantime, the Committee requests the Government to provide clarification or supplementary information in respect of the following points.

2. Article 1, paragraph 1(b), of the Convention. Definition of "mine". The Committee notes that section 4 of the Mines and Quarries Act, 1965, defines the term "mine" and that Regulation 2 of the Safety, Health and Welfare at Work (Extractive Industries) Regulations, 1997, defines the term "extractive industry". The Committee notes that according to these definitions it is not clear whether all machinery, equipment, appliances, plant, buildings and civil engineering structures used in conjunction with the activities of exploration, extraction and preparation of minerals are covered by the definition of "mine" under the Mines and Quarries Act, 1965. Therefore, please clarify whether the definition of the term "mine" under the said Act would include all machinery, equipment, appliances, plant, buildings and civil engineering structures used in conjunction with the activities of exploration, extraction and preparation of minerals.

3. Article 3. Policy on safety and health in mines. The Committee notes with interest the information that draft safety, health and welfare at work (quarries) regulations are being developed by the Quarries Sector Health and Safety Steering Committee and are expected to be adopted shortly. It also notes that the new regulations will be supported by extensive guidelines. It further notes that the Health and Safety Authority is developing proposals for new draft consolidated mines regulations to bring up to date the country’s mining legislation. Please indicate the present status of these processes and transmit copies of the regulations and guidelines, when adopted.

4. Article 4, paragraph 2. Codes of practice. The Committee notes the indication of the Government that a guidance document for workers’ representatives has been drafted and that a quarry safety calendar aimed at providing guidance to workers has also been produced. It also notes that the Health and Safety Authority intends to develop a code of practice for health and safety in quarries having three or fewer employees. Please indicate the progress made in this regard and transmit a copy of the code of practice, when adopted.

5. Article 5, paragraph 4(d). Safe transport and disposal of hazardous substances and waste. The Committee takes note of paragraphs 9, 14 and 23 of the second schedule to the Safety, Health and Welfare at Work (Extractive Industries) Regulations, 1997. It also notes that the said schedule applies only to underground extractive industries. Therefore, please indicate the specific provisions of national legislation that require the safe disposal of wastes produced in surface mines. Also, please indicate the specific provisions of national legislation that require the safe transportation of hazardous substances used in the mining process and waste produced at mines.

6. Article 7(b). Safe decommissioning of mines. The Committee notes the indication of the Government that the issue of safe decommissioning of mines is not specifically dealt with in current legislation but that it would be taken into consideration while framing the new consolidated regulations. Please indicate the progress made in this regard.

7. Article 13, paragraph 2(c). Right of safety and health representatives to have recourse to independent experts. The Committee notes that section 25(2)(i) and (j) of the Safety, Health and Welfare at Work Act, 2005, enables safety and health representatives to receive advice and information from inspectors and to consult with other safety and health representatives in the undertaking. The Committee wishes to draw the attention of the Government to Article 13, paragraph 2(c), of the Convention which requires national legislation to grant safety and health representatives the right to have recourse to independent experts. Therefore, please indicate the measures taken or envisaged to grant this right to safety and health representatives under national laws and regulations.

8. Part V of the report form. Practical application of the Convention. The Committee notes that six fatal accidents occurred in mines and quarries in the country in the first ten months of the year 2005. It also notes the indication of the Government that through cooperation with the industry, the Health and Safety Authority hopes to eliminate the occurrence of serious and fatal accidents. The Committee invites the Government to indicate the measures taken in this regard and continue to provide statistics on the practical application of this Convention in the country.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s first and second reports, which indicate that legislative and practical application is given to most of the provisions of the Convention. The Committee would be grateful if the Government would provide further clarifications on the following points.

Article 1, paragraph 1(b), of the Convention. Please indicate the provisions of national laws and regulations that include in the definition of a mine, all machinery, equipment, appliances, plant, buildings and civil engineering structures used in conjunction with the activities of exploration, extraction and preparation of minerals referred to in paragraph 1(a) of this Article of the Convention.

Article 5, paragraph 3. Please indicate the provisions of national laws and regulations requiring that the manufacture and transport of explosives and initiating devices at the mine shall be carried out by or under the direct supervision of competent and authorized persons.

Article 5, paragraph 4(d). Please indicate the provisions of national laws and regulations specifying the requirements for the safe transport and disposal of hazardous substances used in the mining process and waste produced at the mine.

Article 7(b). Please provide information on the necessary measures that are required to be taken by employers to ensure that the mine is 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.

Article 9(a). Please indicate the regulations adopted under section 28 and paragraph 2(e) of the Fourth Schedule of the Safety, Health and Welfare at Work Act in order to ensure that employers inform workers as required by this paragraph of Article 9 of the Convention.

Article 10(d). Please indicate the legislative or practical measures and procedures taken or established for the employer to ensure that all accidents and dangerous occurrences, as defined by national laws or regulations, are investigated and appropriate remedial action taken.

Article 13, paragraph 1(e). Please provide information on the provisions of national laws and regulations providing for the right of workers 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.

Article 13, paragraph 2(c). Please indicate the provisions of national laws or regulations that provide for the rights of the safety and health representatives to have recourse to advisers and independent experts.

Article 13, paragraph 2(e). Please provide information on the legislative or other measures determining the procedures for exercising the right of the safety and health representative to consult with the competent authority.