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

Individual Case (CAS) - Discussion: 2015, Publication: 104th ILC session (2015)



A Government representative expressed her appreciation for the work of the Committee of Experts and the Conference Committee. Referring to legislation, she indicated that Republic Act No. 7942 (Mining Act) of 1995, and its Implementing Rules and Regulations, and Department of Environment and Natural Resources (DENR) Administrative Orders Nos 2010-21 and 2000-98 gave effect to the Convention. The DENR Administrative Order, or DAO, 2000-98 was the Mine Safety and Health Standards Order, which mandated the competent authority, the Mines and Geosciences Bureau (MGB) of the DENR, to enforce safety and health measures in the exploration, mining, quarrying, mineral processing and other allied or related services. With regard to the preparation of appropriate plans of working by the employer under Article 5(5) of the Convention, these must be submitted by mining firms. Detailed plans for work programmes were evaluated by the MGB prior to the approval of applicable contracts and relevant permits. With regard to Article 7(a) of the Convention, part of the duties of the employer under DAO 2000-98 was to assess all safety and health risks in all of its workplaces, and to involve the safety engineer in the preparation of risk assessment regarding the design, alteration, selection or modification of processes, construction of structures, installation of machinery and equipment. A plan was required to be kept at the mine showing the location of all permanently installed electrical machinery and apparatus in connection with the mine’s electrical system. All mining firms had at least one safety engineer and one safety inspector who had undergone the required 40-hour training on basic occupational safety and health in the mines (BOSH), and held the required licence and mining operation experience.

With regard to Article 10(c) of the Convention, the “chapa” system was a traditional method of accounting for workers underground and was still being used by some mining firms today. Under the “chapa” system, underground miners were grouped into teams led by a foreman who reported to a shift boss, who in turn reported the location, type of activity and details on each team to the mine supervisor. Each mineworker had a pair of “chapa” metal chips, similar to those used by the army, with the miner’s number. One “chapa” was deposited at the entrance to shafts or portals and placed at a location map indicating the work area of a team or a certain miner. The mineworker would keep the duplicate. The “chapa” was also used for the issuance of chargeable miners’ lamps with effective usage of eight hours. The depository for “chapas” was usually located near the mine entrance or shaft, where security guards were posted. Other mining firms used logbooks, which were kept at the entrance to shafts or portals, recording the miner and his/her assigned work area. A system of radio communication was a requirement for underground mines. At present, most mining firms used electronic devices for accuracy, in lieu of the traditional punch card, in entering or exiting mine sites. All underground workers had a designated work area specified in daily reports, and shift bosses, supervisors and safety officers closely monitored each work area. As had been noted by the Committee of Experts, some provisions of the Convention were not explicitly specified in national laws, rules and regulations. The Government would thus integrate in the proposed bills to criminalize Occupational Safety and Health (OSH) violations, the responsibility of employers to ensure that mines were designed and constructed safely and provided conditions of safe operation and a healthy working environment, including the right of workers and their representatives to report accidents. The Mine Safety and Health Standards Order and DAO 2010–21 were being reviewed by the MGB, in coordination with the Department of Labor and Employment (DOLE), to identify gaps and to bring the regulations into conformity with Convention No. 176. The review and completion of the work, including the widest possible consultation, was envisaged within the year. A Joint Memorandum of Agreement between the DOLE and the DENR for closer coordination to further strengthen safety and health in the mines, given the noted increase in the number of work accidents, would be worked out. This was a new mechanism for coordinating effective application of the Convention and was expected to be completed within the year. It would include action by the MGB to restore the accreditation system for service contractors in the mines so as to ensure compliance with Article 12 of the Convention. Moreover, the “incentive and penalties” approach would be enhanced by the MGB to prevent work accidents in the mines or at mill sites. The MGB regional offices conducted quarterly monitoring of mining operations within their respective jurisdictions, while the MGB Central Office audited safety and health, and environmental and social development management. From 2010 to 2014, a total of 74 audits had been conducted. The MGB had also issued suspension orders and had brought criminal charges for violations of the mining law. As part of the coordinated efforts by the DOLE, the potential of existing tripartite mechanisms in the mining industry, including the Mining Industry Tripartite Council (MITC) would be further harnessed. At present, the tripartite council for the mining sector in the Caraga region, host to 43 mining sites employing approximately 17,700 workers, excluding contractors and subcontractors, had a voluntary code of good practice on observing freedom of association and dispute resolution, and through its Chamber of Mines, functioning as the Mines OSHNET, regularly conducted the 40-hour basic OSH training for member firms. As of 2014, a total of seven rounds of BOSH training had been conducted in the Visayas and Mindanao regions benefiting 405 safety engineers, inspectors and managers in 179 enterprises.

The Government representative acknowledged that much still needed to be done and requested technical assistance from the ILO for capacity-building for mine health and safety inspectors, unions and employers, as well as in developing better safety and health standards in the mines and on advocacy for compliance. The Government was firmly committed to ensuring compliance with safety and health standards in all industries. The Government also had an ongoing engagement with the Government of the Republic of Korea to enhance Philippine occupational safety and health policies, particularly with regard to industrial accident prevention, workplace improvement and accident compensation. The Government was also engaged with its neighbours through its active participation in the Association of Southeast Asian Nations ASEAN–OSHNET. In conclusion, the speaker indicated that, as requested by the Committee of Experts, the Government would submit a detailed reply in 2016 with regard to the Convention.

The Worker members welcomed the information provided by the Government on the application of the Convention. However, it was difficult for them to assess the information and be sure that it met the requirements of the Convention. Convention No. 176 was a technical Convention, but the life and health of many workers depended on its proper application. That was why they were anxious to expose any failure to apply the safety and health policy in mines in the Philippines. To begin with, there were serious shortcomings from the juridical standpoint: although the country had ratified the Convention, it had still not incorporated it into its domestic legislation, and implementation was based simply on an administrative order issued by the DENR. Secondly, there were some major technical shortcomings in the administrative order. For example, according to the order, all employers in charge of mines had to submit an annual safety and health programme that comprised rules for the organization and management of the environmental risk involved, but there was no requirement that they prepare plans of workings such as were called for in Article 5(5) of the Convention. Moreover, the existing provisions did not require the employer to ensure that the mine was provided with electrical, mechanical and other equipment so as to provide conditions for safe operation and a healthy working environment, as stipulated in Article 7. In reference to Article 10(c) of the Convention, the Government stated that employers had to set up security posts at the main entrance to underground mines and keep a register of the daily hours of work of each worker. However, it had not provided any information on how the probable location of each worker could be ascertained or on the technical system that was used in most underground mining operations. Furthermore, the Government had provided no information on any regulations for implementing Articles 13(1)(a) and 13(2)(f). Lastly, the Government had not provided accurate information on accidents in the mining sector for the 2012–13 fiscal year. The number of accidents had risen sharply and that increase had most likely been aggravated by the boom in small unregulated mines that resorted extensively to subcontracting. Finally, the Worker members regretted that the Government had not indicated what steps it had taken or planned to take in order to tackle the increase in work accidents in the country’s fast-expanding mining sector.

The Employer members thanked the representative of the Government of the Philippines for the detailed information provided. They stressed that this case was about doing the right thing before tragedies happened, such as the tragic accident that had occurred at the Pike River Mine in New Zealand on 19 November 2010, where 29 miners had lost their lives. The Government’s report that had been submitted to the Committee of Experts had not provided enough information to assess whether there was full compliance with the Convention. Laws in the Philippines gave effect to some provisions of the Convention, but not all provisions. The traditional system, known as the “chapa” system, used to designate work areas was not used systemically in the country. Laws and orders needed attention to ensure that they complied with all the provisions of the Convention. Given that workers in a mine needed to know that they would be rescued in the event of an accident, and that the key to being rescued quickly was the security of knowing the names and probable location of workers in a mine, the Employer members called upon the Government to work effectively towards full compliance with all provisions of the Convention, including the establishment of a system to record the names of workers and their probable location in the mine.

The Worker member of the Philippines said that, since the enactment of the Republic Act No. 7942 (Mining Act) in 1995, investment and expansion in the mining sector had been increasing. According to mining industry statistics from the MGB, employment in the mining sector had increased from 130,000 workers in 1997 to 250,000 workers in 2013, but had fallen to 235,000 workers in 2014. The health and safety of Filipino workers in the mining sector had yet to be seriously addressed. While he recognized the efforts of the DOLE to ensure compliance with existing labour laws, they needed to be reviewed and enhanced. Recalling the 13 May 2015 factory fire which had taken the lives of 72 workers, he said that more needed to be done for workers. In Compostela Valley, there had been cases of landslides and caving in which were a direct result of mining activities and had led to deaths. Small-scale mining was pervasive in the area with serious health issues among the major concerns. A mobile clinic and an occupational safety and health audit in the area, conducted by the Federation of Free Workers (FFW) through its unions in the health sector and in cooperation with the Occupational Safety and Health Centre, had revealed that many children and others who had worked in open-pit mines had levels of mercury and lead in their blood that were way beyond the allowable levels. Exposure to hazards and accidents had happened because of the lack of a comprehensive law that genuinely promoted the welfare of workers. Although the Labour Code and the Mining Act provided some general provisions on occupational safety and health, not all provisions of the Convention had yet been incorporated into domestic legislation. A draft code on safety and health in the workplace had been proposed more than two decades ago. The draft bill had however never been passed into law. Although there was a pending bill in the House of Representatives on a proposed new law on safety and health endorsed by the tripartite social partners, it was still awaiting deliberation. It was imperative that the Government exert more effort to protect workers’ occupational safety and health by adopting a code on occupational safety and health in compliance with Convention No. 176 and other international commitments and by imposing higher penalties, including imprisonment, in cases of violations. New legislation should not only include corporate mining but also small-scale mining, as the Convention applied to all mines. Technical assistance from the ILO, as well as workers’ capacity-building on OSH issues, was requested. Moreover, the speaker emphasized the need to strengthen the voice of workers by strengthening freedom of association and collective bargaining in the mining sector. Unions would help in making employers comply with labour laws, including those on safety and health in the workplace. OSH committees with union representatives should be institutionalized. It was a major concern for trade unions that subcontracting of labour was widespread in the mining sector. An example was given of a mining firm in Agusan where the FFW had successfully organized workers in the mines. However, the management of the mining firm had refused to recognize the union, saying that they were not employees of the mining firm, but rather employees of the illegal manpower agency operating within the firm, disguised as a cooperative. This case was still pending in court.

The Employer member of the Philippines welcomed the comprehensive and positive information provided by the Government to the Committee. While the Employers had a positive attitude towards the Committee of Experts’ report, he referred to the comments of the Committee of Experts on the application of the Convention by the Philippines and considered that there was no real violation of the Convention to be detected. With regard to the design of a working plan which contained elements on organizational rules and risk management in mine operations by employers, he indicated that this requirement referred to simple administrative procedures with which employers would comply voluntarily in a speedy manner. As to the responsibility of employers to ensure that mines were planned and constructed in a manner that would ensure safe operations and a healthy working environment, he observed that this was a responsibility that mining companies assumed even before starting operation at a mine, as the Government only had a permit to bring a mine into operation if the installation requirements set forth had been met. Turning to the requirement to establish a recording system for names and probable locations of all persons working underground, he assumed that, once technical progress had been made, the mining companies would establish such a system. In that regard, he added that no report existed on the loss of workers in the mines. Coming to the right of workers to report accidents, dangerous occurrences and hazards to the competent authority, he thought that this was a non-issue, since no report highlighted that this right was suppressed in the country. Moreover, its exercise was in the best interest of all, Government, employers and workers. He added that the tripartite partners were ready to engage in dialogue in order to take further measures to prevent accidents. In summary, in his views, the comments of the Committee of Experts had more the character of a “gentle reminder” to the Government and employers to improve and maximize safety and health in mines. In that respect, he said that the Employers’ Confederation of the Philippines (ECOP), the umbrella organization for employers’ organizations in the country, would hold a seminar in June 2015 on occupational safety and health matters, focusing on risk prevention, in order to promote the implementation of occupational safety and health standards and ILO Conventions on this subject. Moreover, the Employers endorsed a bill to criminalize violations of occupational safety and health standards, which also highlighted the Employers’ commitment to social justice.

The Government member of Singapore welcomed the efforts made by the Government to enhance the safety standards of workers in the mining industry, along with the steps taken to implement the Convention. In particular, she noted the enhancement of the “incentive and penalties” approach to encourage greater compliance by mining companies. The Government was reviewing the rules and regulations to bring them into conformity with the Convention. This should be done in consultation with the relevant stakeholders. In conclusion, the speaker requested the Government to provide the information requested by the Committee of Experts and to avail itself of technical assistance from the ILO.

The Worker member of Japan expressed his sympathy and support for the deplorable working conditions of workers in the mining sector in the Philippines, especially in the unregulated small-scale mining sector. The country was identified as having high mineral potential, with 9 million hectares of land containing untapped mineral resources. Employment in this sector had increased from 130,000 workers in 1997 to 252,000 workers in 2012, indicating an annual increase of 9.6 per cent. Although legislation to ensure safety and health in mining, quarrying and related activities was in place, both implementing rules and regulations and practice needed to be aligned with the spirit of the Convention. He pointed out that data revealing the incidence of accidents, as noted by the Committee of Experts, only covered reports from large mining firms, while serious and fatal accidents occurring in the small-scale mining sector went unreported. The Government’s tripartite approach, though laudable, did not appear to be effective in the mining sector owing to the low unionization rate of less than 5 per cent. The low unionization rate was attributed to the fact that workers were supplied by manpower agencies and cooperatives, and to other precarious working arrangements. Finally, he urged the Government to align its laws and practices and to comply with its obligations under the Convention.

The Government member of the Republic of Korea indicated that the Republic of Korea had supported the reforms undertaken by the Government, through a technical cooperation programme, to develop policies to prevent industrial accidents, improve workplaces and provide industrial accident compensation. In addition, training for OSH personnel within the Philippine Department of Labor and Employment was provided by the Korean Occupational Safety and Health Agency (KOSHA). The technical cooperation programme and technical assistance would give OSH personnel the skills to ensure compliance with the Convention. The Worker member of Indonesia said that, by the end of 2015, the Philippines and Indonesia would be part of a single market within the framework of ASEAN. This would mean increased flows of goods, services, investments and skilled labour that would have an impact on the labour market. As a consequence, the demand for global workers would increase. It was important, then, to ensure that there were stronger safety and health policies in place to avoid accidents and deaths. As indicated in the Report of the Director-General on the future of work, 2.3 millions people in the world died every year as a result of work-related accidents. The direct cost of occupational illness and accidents had reached US$2,800 billion worldwide. Mining and construction were considered the most dangerous industries along with transport and services. He called on the Government to take the necessary steps to provide workers with adequate protection and to adopt a comprehensive law on occupational safety and health that included adequate penalties. Moreover, in conformity with the Convention, participation by workers’ representatives in inspections and investigations must be ensured. To that end, it was essential for independent unions to exist in the country. This was not the case in the Philippines, where workers, including contract workers, were not organized. He concluded by highlighting the fact that accidents usually occurred in workplaces where unions were absent, banned or discouraged.

The Government member of Indonesia expressed support for the Government’s initiatives to improve implementation of the Convention. As a member of ASEAN, the Philippines participated in ASEAN-OSHNET which aimed to ensure cooperation among national OSH institutions undertaking research or disseminating information. Within this framework, since 2010, the Philippines had provided training programmes on OSH both to ASEAN member States and to third countries. This cooperation would facilitate implementation of the provisions of the Convention in the broader context of the ongoing reform of the labour law compliance system. The ILO should continue supporting and cooperating with governments to secure the implementation of the Convention.

The Worker member of Malaysia said that the statistical information on the number of accidents, both fatal and non-fatal, in the mining industry, which had increased considerably from 2011 to 2013, did not include accidents occurring in the small-scale mining sector. Moreover, quoting some examples, he said that several incidents involving waste spillovers from large-scale mining firms had been documented. He stressed that unreported fatal accidents, especially in the small-scale mining sector, were due to poor governance and lack of Government capacity to carry out regular inspections. Referring to a study by a university in Manila, he said that corruption among officials in return for ignoring environmental regulations had led to more environmental disasters. He urged the Government to strengthen its laws and to align them with the provisions of the Convention. Efforts should be made to ensure the effective enforcement of laws covering all employers in the mining sector, whether big or small, through regular inspection with the involvement of trade union representatives.

The Government representative said that the discussion had been beneficial, as the Government was always keen to learn from the experiences of other countries that had ratified the Convention. This was particularly important for the continuing process of revising standards related to occupational safety and health. She underlined the Government’s commitment to improving the occupational safety and health system, including in the small-scale mining sector, in order to align it with the requirements and standards set out in the Convention. To that end, the Government was working at an accelerated pace that was sometimes difficult for the social partners to handle. However, tripartism was robust in the country, and consultations were held with the social partners on all legislative initiatives and other measures in the area of occupational safety and health. She added that, by the end of 2014, a training campaign for trade unions on occupational safety and health had been launched, with support from the United States Department of Labor and the ILO, and was expected to be expanded in 2015. She also mentioned that the competent authorities on research into occupational safety and health matters were tripartite in nature. In conclusion, the Government expected to be able to undertake the necessary reforms to fully comply with the Convention and would provide a detailed report to the Committee of Experts in 2016.

The Employer members recognized that any accident in mining, whether fatal or non-fatal, was unacceptable. They observed, however, that much had been done by the Government, together with the social partners, to improve the situation and hence meet the requirements set out in the Convention. A number of areas had been identified in which implementing regulations needed to be perfected, since they were not in full compliance with the Convention. To that end, they noted the Government’s extensive information on programmes and measures under way to build capacity in the area of occupational safety and health. The Government had also showed clear commitment to taking the necessary steps with the technical assistance it already had requested from the ILO. They therefore thought that the Government should finish its work and provide a report to the Committee of Experts in 2016, allowing the progress made to be examined further.

The Worker members indicated that, even though discussions on this case had been less contentious than on others, they were nevertheless extremely important given that the work in question was hard and invisible, exposing workers to considerable risks to their safety and health. Although the Convention was a technical one, it contributed to achieving the objectives of the ILO Constitution to the effect that no country should impose inhuman working conditions in any sector of activity. In that regard, it should be recalled that the issues of trade union freedom, collective bargaining and effective social dialogue were key at both national and local levels. In view of the increasing number of fatal and non-fatal accidents in the mining industry, the Government should formulate stronger policies in the area of occupational accidents with the aim of achieving zero deaths and should fully comply with its obligations under the Convention. To that end, the Government should adopt a framework law on occupational safety and health; ensure that employers prepared and updated plans of workings; require mines to be designed and equipped so as to ensure their safe operation and a healthy working environment; establish a system for recording the names and probable locations of all those working underground; organize regular inspection of all employers, large and small; and ensure that workers and their representatives were involved in investigations and inspections. In addition, the Government should provide further information on the measures taken or planned to respond to the increase in occupational accidents and on the application of the Convention in practice. It should also avail itself of ILO technical assistance.

Conclusions

The Committee took note of the oral information provided by the Government representative on the issues raised by the Committee of Experts and the discussion that ensued relating to: the need to have a comprehensive legal framework to give effect to all provisions of the Convention; the increase in the number of work accidents in the mining industry; the effective application of penalties for violations related to occupational safety and health; the need to take measures to ensure that workers and their representatives have the right to report accidents, dangerous occurrences and hazards to the employer and to the competent authority; the need to ensure that workers’ safety and health representatives receive notice of accidents and dangerous occurrences; and the need to ensure that employers in charge of mines be responsible for the preparation of appropriate plans of workings of the mines, for the establishment of a recording system of persons underground and their probable location, and for ensuring that the mine is designed, constructed and provided with electrical, mechanical and other equipment to provide conditions for safe operation and a healthy working environment.

The Committee noted the information provided by the Government representative as well as the Government’s indication that some provisions of the Convention had not been incorporated into national laws or regulations. The Government explained that it planned to undertake consultations for the review of the national regulations and standards relating to occupational safety and health in the mining sector. It indicated that provisions would be integrated into draft legislation, currently before Congress, relating to the responsibility of employers to ensure that mines are designed and constructed safely, and also their responsibility to provide conditions of safe operation and a healthy working environment, as well as to the right of the workers and their representatives to report accidents. The Government also indicated that it intended to develop a joint memorandum of agreement between the Department of Labour and Employment and the Department of Environment and Natural Resources for closer coordination in order to strengthen safety and health in mines. This joint memorandum of agreement would include action to restore the accreditation system for service contractors in mines in order to ensure the coordination of two or more employers at a mine in implementing measures concerning the safety and health of workers. The Government further indicated that it would continue to work with the Mining Industry Tripartite Council and pursue its efforts to develop the capacity of the social partners with respect to occupational safety and health. The Committee also noted the Government’s request for technical assistance from the ILO.

Taking into account the discussion, the Committee requested the Government to:

• provide further information on the measures taken to ensure that the employer in charge of the mine prepares appropriate plans of workings before the start of the operation;
• adopt legislative provisions that impose responsibility upon employers to ensure that the mine is designed and constructed safely and provided with electrical, mechanical and other equipment, including communication systems;
• provide information on the manner in which probable location of the workers in the mine is recorded;
• indicate measures taken to ensure that whenever two or more employers undertake activities at the same mine, the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers, and is held primarily responsible for the safety of the operations;
• indicate measures undertaken or envisaged to ensure that workers and their representatives have the right to report accidents, dangerous occurrences and hazards to the employer and to the competent authority;
• provide information on measures taken or planned to respond to the increase in work accidents in the mining industry;
• enact as soon as possible the pending legislative measure which proposes to impose stiffer penalties and criminalization of the violation of occupational safety and health standards; and
• increase the capacity and involvement of social partners, particularly trade union representatives, in ensuring compliance with occupational safety and health standards in the mining industry, including in the conduct of safety and health inspection.

The Committee further requested the ILO to extend technical assistance and capacity building to the Government of the Philippines and its social partners towards effective observance of the safety and health standards in the mining industry without regard to the size of operation of the employer.

The Government representative took due note of the conclusions and recommendations of the Committee. The Government was committed to carry out the necessary measures and would provide the requested detailed information to the Committee of Experts in 2016, together with a progress report on the actions undertaken to bring the legislation into conformity with the provisions of the Convention.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.176 and C.187.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 176 (OSH in mining) and 187 (promotional framework for OSH) in a single comment.

• General Provisions

Promotional Framework for Occupational Safety and Health Convention (No. 187)

Article 2(3) of the Convention. Measures that could be taken, in consultation with social partners, to ratify relevant occupational safety and health (OSH) Conventions of the ILO. The Committee notes the information provided by the Government that the Occupational Safety and Health Centre (OSHC) is currently undertaking a review of existing laws and regulations on OSH to evaluate compliance with the provisions of the Occupational Safety and Health Convention, 1981 (No. 155). The Committee requests the Government to continue to provide information on the outcome of the OSHC review and to indicate if any consultations have been conducted regarding measures that could be taken to ratify ILO OSH Conventions, including the Occupational Safety and Health Convention, 1981 (No. 155).

Article 3. Formulation of a national policy in consultation with the most representative organizations of employers and workers. The Committee notes that the Department of Health (DOH), with the Department of Labour and Employment (DOLE) and the Civil Service Commission (CSC) issued in April 2023 the Joint Administrative Order (JAO) No. 2023-0001 titled the “National Policy Framework on the Promotion of Healthy Workplaces” to guide the development and implementation of occupational health and safety interventions in both the private and public sectors. This framework replaces the 2017 “National Occupational Health and Safety Policy Framework”, and requires the development of a monitoring and evaluation plan. The Committee requests the Government to provide information on the measures taken or envisaged, in consultation with the most representative organizations of employers and workers, to ensure the implementation of the National Policy Framework on the Promotion of Healthy Workplaces, including its monitoring and evaluationplan.

Article 4(1). Periodic review of the national OSH system. Consultation with the most representative organizations of employers and workers. The Committee notes the information provided by the Government legislative proposals, and occupational safety and health-related regulations, made in consultation with the most representative organizations of employers and workers to enhance the national OSH system. The Committee further notes that pursuant to section 31 of the Republic Act No. 11058 of 17 August 2018, on Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof (Republic Act No. 11058), and section 31 of the Department Order No. 198, series of 2018, the DOLE has established the Intergovernmental Coordination and Cooperation Committee (IGC3) tasked with monitoring the effective implementation of the Republic Act No. 11058. The IGC3 is in the final stage of formalizing a Memorandum of Understanding (MoU) that aims to establish partnerships among member agencies and create health-enabling workplace environments. Further, the Government indicates that reviews of OSH national laws and regulations are conducted by the national tripartite advisory body on OSH through the Tripartite Industrial Peace Council (TIPC) and its sector-level and regional-level counterparts. The Committee requests the Government to provide information regarding the activities of the IGC3, including the formalization of the MoU.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee notes that the DOLE has issued Labour Advisory No. 20, series of 2021 to facilitate the compliance of stand-alone micro healthcare and related facilities with Republic Act No. 11058 and reintroduced the Technical and Advisory Visit (TAV) program to provide the necessary knowledge and skills to ensure a safer and healthier working environment and enhance compliance with labour and OSH standards within micro-establishments. The Committee further notes that a working group was organized to review and amend section 12, chapter IV of DOLE Department Order No. 198, series of 2018, on the development of OSH programs in SMEs. The Government indicates that the working group is currently in the process of revisiting the list of requirements to develop a more apt core of applicable standards, and the corresponding penalties for violations based on the employment size (micro-, small, medium, and large establishments) and exposure to hazards (non-hazardous, hazardous, and highly hazardous work). The Committee requests the Government to provide information on the outcome of theworking group’s review.

Article 5. National OSH programme. The Committee notes the indication of the Government that currently, there is an ongoing initiative to formulate the country’s National OSH Strategy in collaboration with social partners, and with the support of the ILO. The Government further indicates that the formulation of an effective National OSH strategy, as guided by ILO Convention No. 187, is among the identified strategies in the Philippine Labour and Employment Plan (LEP) for 2023–28, specifically under Priority 2, which focuses on “Forging Labour Governance that Ensures Respect for all Fundamental Principles and Rights at Work, International Labour Standards, and Human Rights”.The Committee requests the Government to provide information on any progress made regarding the elaboration of the country’s National OSH Strategy and the consultations undertaken with social partners in this process.

• Protection in specific branches of activity

Safety and Health in Mines Convention (No. 176)

Article 7(a). Safe design and construction of mines and provision of electrical, mechanical and other equipment. Regarding coal mines, the Committee notes the responsibility of operators in coal mines to design, construct and provide coal mines with electrical, mechanical and other equipment under Rules 8(c) and 772 to 838 of the Circular No. DC2018-12-0028. Regarding the responsibility of employers in non-coal mines, the Committee notes the reference made by the Government to the provisions of section 5, Rules 21.13 and 21.20 of DENR Department Administrative Order No. 2000-98 on duties and responsibilities of employers and sections 150 and 151 of DENR Department Administrative Order No. 2010-21 regarding electrical/mechanical installations. The Government further refers to the obligation of employers to provide communication systems, including under section 11, Rule 39 of DENR Department Administrative Order No. 2000-98 and section 6 of DENR Administrative Order 2021–25, which stipulates that the contractor shall employ the information, communication technology and/or artificial intelligence technology as additional safeguards for real-time monitoring of the contractor’s implementation of its various work programs. The Committee takes note of the above information, which addresses its previous request.

Article 13(1)(a). The right of workers to report accidents, dangerous occurrences and hazards to the competent authority. Regarding coal mines, the Committee notes the worker’s right in coal mines under Rules 12(b)(i) of Circular No. DC2018-12-0028 to promptly report accidents, dangerous occurrences and hazards to his immediate supervisor and to the Bureau or its authorized representative. Regarding non-coal mines, the Government provides multiple references to related regulations, in particular, sections 7 and 28 of Republic Act No. 11058 which stipulates that it is the workers’ and their representatives’ right to report accidents, dangerous occurrences, and hazards to the employer, the DOLE and to other concerned competent government agencies, free from any form of retaliation for reporting any accident. The Committee takes note of this information, which addresses its previous request.

Article 13(2)(b)(i). Participation of the social partners in ensuring compliance. Regarding coal mines, the Committee notes the right of safety and health representatives in coal mines under Rules 13(b) of Circular No. DC2018-12-0028 to participate in inspections and investigations. Regarding non-coal mines, the Government indicates that section 6, Rule 24 of DENR Department Administrative Order No. 2000-98 states that employees’ representatives shall exercise their right to represent workers in all aspects of safety and health matters, including participating in safety and health inspections and investigations to be conducted by the employer and concerned government agencies at the workplace. In addition, Rule 28 of the same Order provides that the composition of the Central Safety and Health Committee of the mining/milling company includes the labour union members and/or employee representatives. In addition, section 6, Rule III of DOLE Department Order No. No. 238-23 of 2023 provides that social partners may also be authorized to participate in the conduct of labour inspection subject to the guidelines issued by the Secretary of Labour and Employment. The Committee takes note of the above information, which addresses its previous request.

Article 16. Penalties. Regarding coal mines, the Committee notes Rule 922 of Circular No. DC2018-12-0028 on penal provisions which provides enforcement measures and prescribes administrative fines and penalties for non-compliance with safety and health measures. Regarding non-coal mines, the Government refers to penalties established under specific mining regulations, including Rule 318 of DENR Department Administrative Order No. 1997-30 on small-scale mine safety rules and regulations and penal provisions under section 88, Rules 1208 and 1209 of DENR Department Administrative Order No. 2000-98 on Mine Safety and Health Standards. The Committee notes in particular that under section 22 of DOLE Department Order No. 198, series of 2018, an employer, project owner, contractor, or subcontractor, if any, and any person who manages, controls or supervises the work being undertaken shall be jointly and solidarily liable for compliance with occupational safety and health standards including the penalties imposed for violation thereof. In this respect, the Government refers to prohibited acts and their corresponding penalties listed under section 29, which stipulates that any wilful failure or refusal of an employer, contractor or subcontractor to comply with the OSH standards (…) or with a compliance order issued by the Secretary of Labour and Employment or his/her authorized representative shall be penalized of the administrative fines (…). The Committee requests the Government to provide information on the application of the prescribed penalties in practice.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Application of the Convention in practice and legislative developments. The Committee notes the information provided by the Government on the follow-up given to the conclusions of the Conference Committee on the Application of Standards during the 104th International Labour Conference in 2015 in relation to the application of ILO Convention No. 176. In particular, the Committee notes the establishment of platforms and mechanisms such as the Multi-Partite Monitoring Team (MMT) responsible for conducting quarterly environmental monitoring, including audits of mining companies’ operations. Further, under section 26 of Act No 11058 of 17 August 2018, the Secretary of Labour and Employment is required to institute new and updated programs to ensure safe and healthy working conditions in all workplaces, especially in hazardous industries such as mining. Regarding coal mining operations, the Committee notes with interest the revision conducted by the Department of Energy of the 1978 Coal Safety Rules and Regulations and the subsequent adoption of the new Coal Mine Safety And Health Rules and Regulations (Department Circular No. DC2018-12-0028 Series of 2018). Regarding the application of the Convention in practice, the Committee notes the information provided by the Government concerning the number of mining and quarrying activities inspected (122 in 2022 and 78 from January to June 2023) and that the 2022 inspections noted a compliance rate of 69.67 per cent with Occupational Safety and Health Standards. The committee further notes the statistics available on the Philippines Statistics Authority website which indicates that the total number of occupational injuries in the mining sector has decreased from 528 in 2015, 486 in 2017 and 244 in 2019. The Committee requests the Government to continue its efforts to strengthen the application of the Convention and to continue to provide information on the measures taken in this respect, including any programs adopted for mining under section 26 of Act No 11058. It also urges the Government to provide updated information on the number of accidents and cases of occupational disease in the mining sector and requests the Government to continue to provide information on the number of inspections and their outcome.

Article 5(5). Plans of workings. Regarding plans of working, the Government refers to the obligation of companies under the Republic Act No. 7942, Philippine Mining Act of 1995, to submit, detailed plans and work programmes prepared by a competent person. The Government further refers to the obligation of the permittee/contractor/lessee to submit progress reports of their activities and the possibility for a contractor to make changes, under certain conditions, to an approved Work Program. The Committee notes that submission of a work program under section 24, a plan or map under section 12, or a work program under section 69 of Act No. 7942, is required before the start of mining operations but does not address the obligation related to the responsibility of the employer to ensure that, in the event of any significant modification, such plans/maps/work programs are brought up to date periodically and kept available at the mine site. The Committee also notes that the Department of Environment and Natural Resources (DENR) is revising section 21, rule 21.11 of DENR Administrative Order No. 2000-98, Mines and Safety Health Standards (DENR administrative Order No. 2000-98). In this respect, the Government indicates that the proposed amendment contains requirements that the employer includes all plans of workings in the 3-year Work Program to be evaluated and approved by the Mines and GeoSciences Bureau. The plan of workings and all updates due to significant modifications would be maintained and made readily available at the mine site. The Committee urges the Government to pursue its efforts to give effect to Article 5(5) of the Convention to ensure that in the event of any significant modification, an employer in charge of the mine has an obligation to update plans of workings and, that such plans are brought up to date periodically and kept available at the mine site, including in coal mining operations. In this respect, it requests the Government to provide information on the revision of section 21, rule 21.11 of DENR Administrative Order No. 2000-98.

Article 10(c). Measures and procedures to establish a recording system of the names and probable locations of all persons who are underground. Regarding coal mines, the Committee notes the obligation of operators in coal mines under chapter I, section 1, rule 8(n) of Circular No. DC2018-12-0028 which requires the establishment of a check-in and check-out system to provide positive identification of every person underground, and to provide an accurate record of the persons in the mine. Regarding non-coal mine operations, the Government refers to general requirements of underground mining rules set under Chapter VI, sections 13–39, Rules 56-357, of DENR Administrative Order No. 2000-98. It further refers to existing practices used for the identification of names and locations of all persons who are within the mine site, including the work distribution board and QR codes. Recalling the Government’s previous indication regarding plans to amend section 21(5) of the DENR Administrative Order No. 2000-98 to implement Article 10(c), the Committee notes the Government’s reiteration that the DENR is in the process of revising the DENR Administrative Order No. 2000-98and DENR Administrative Order No. 2010-21, the Revised Rules and Regulations of R.A. 7942, to effectively enforce the provisions of the Convention. The Committee requests the Government to take measures to ensure that employers are required toestablish a recording system of the names and probable locations of all persons who are underground in all mines, including non-coal mines. The Committee requests the Government to provide information on any progress made in the revision of administrative orders, rules and regulations undertaken by DENR in that respect.

Article 12. Two or more employers. Regarding coal mines, the Committee notes the obligation and responsibility of operators under Rule 8(o) of Circular No. DC2018-12-0028 to ensure full coordination with sub-contractors for the implementation of all measures concerning the safety and health of workers. Regarding non-coal mines operations, the Committee notes the reference made by the Government to section 4(7)(d) of Republic Act No. 11058, which only requires collaboration between two or more undertakings engaged in activities simultaneously in one workplace, but does not attribute primary responsibility to one person in particular. The Committee requests the Government to provide information on the measures taken to ensure that whenever two or more employers undertake activities at the same non-coal mine, the employer in charge of the mine shall coordinate the implementation of all measures concerning the safety and health of workers and shall be held primarily responsible for the safety of the operations.

Article 13(2)(f). The right of workers’ representatives to receive notice of accidents and dangerous occurrences. Regarding coal mines, the Committee notes the right of a Safety and Health Representative in coal mines to receive notice of accidents and dangerous occurrences, under Rule 13(g) of Circular No. DC2018-12-0028. Regarding non-coal mines, the Committee notes reference made by the Government to section 6, Rule 23(2) and (3) of DENR Administrative Order No. 2000-98 and to section 5 of Department of Labour and Employment Order No. 198, series of 2018, which only provides for the rights of employees to obtain information on workplace hazards. The Committee requests the Government to take measures to ensure that workers’ safety representatives in non-coal mines have the right to receive notice of accidents and dangerous occurrences.

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

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

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 104th Session, June 2015)

The Committee notes the discussion in the Committee on the Application of Standards (CAS) and its conclusions concerning the following questions: (1) plans of workings; (2) safe design and construction of mines; (3) recording of the probable location of the workers in mines; (4) two or more employers undertaking activities at the same mine; (5) the right of workers and their representatives to report accidents, dangerous occurrences and hazards to the employer and to the competent authority; (6) the increase in work accidents; (7) stiffer penalties and criminalization of the violation of occupational safety and health (OSH) standards; and (8) the capacity and involvement of the social partners, particularly trade union representatives, in ensuring compliance with OSH standards in mining. The CAS requested the ILO to extend technical assistance and capacity building to the Government and its social partners. In August 2015, the Government communicated to the Office its willingness to avail itself of technical assistance from the ILO. The Committee notes with interest that an ILO mission was undertaken on 27 and 28 October 2016 to review the progress made and to discuss a possible review of OSH legislation. The Committee requests the Government to provide information on the outcome of this mission and its follow-up.

Article 5(5) of the Convention. Plans of workings. The Committee notes the Government’s indication in reply to its previous request and the request of the CAS concerning appropriate plans of workings. Companies are required to submit detailed plans and work programmes to be evaluated and validated by the Mines and Geoscience Bureau (MGB) prior to the approval of exploration permits, mineral production and sharing agreements, financial technical assistance agreements and mineral processing permits. The Government further indicates that a proposed amendment to section 21(11) of the Department of Environment and Natural Resources Administrative Order No. 2000-98 (DAO 2000-98) on mine safety and health standards would establish the obligation of the employer in charge of the mine to submit to the Director of the MGB a safety and health programme covering its area of operation, including updated plans of workings, 15 working days before every calendar year. However, the Government does not provide information on the obligation of the employer in charge of the mine to update plans of workings whenever significant modifications are necessary and to keep them available at the mining site. The Committee requests the Government to provide information on this subject.

Article 7(a). Safe design and construction of mines and provision of electrical, mechanical and other equipment. The Committee once again requests the Government to provide information in reply to its previous request and the request of the CAS concerning the responsibility placed upon employers to design mines, construct mines and provide mines with electrical, mechanical and other equipment, including a communication system, in order to provide conditions for safe operations and a healthy working environment.

Article 10(c). Measures and procedures to establish a recording system of the names and probable location of all persons who are underground. The Committee notes the Government’s indication in reply to its previous request and the request of the CAS concerning further information on the chapas system used to account for miners involved in underground operations. The Government describes the usual practice according to which each miner is provided with a pair of thin metal chips with the miner’s number, so-called chapas, one of which is deposited at the entrance of the mine (to ascertain that he/she has entered the mine) and the other is kept by the miner. Some operations have boards reproducing underground maps where chapas are placed according to the actual position of the miners, while in some cases logbooks are kept indicating the miners’ assigned positions. The Government further indicates that a proposed amendment to section 21(5) of the DAO 2000-98 on mine safety and health standards would explicitly establish the obligation of the employer to ensure that a system is established to account for all underground workers at any time and to know their probable location. The Committee requests the Government to continue providing information on this subject.

Article 12. Two or more employers. The Committee requests the Government to provide information in reply to the request of the CAS concerning the measures taken to ensure that whenever two or more employers undertake activities at the same mine, the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of the workers, and is held primarily responsible for the safety of the operations.

Article 13(1)(a). The right of workers to report accidents, dangerous occurrences and hazards to the competent authority. The Committee notes the Government’s indication in reply to its previous request and the request of the CAS concerning the right of workers to report accidents, dangerous occurrences and hazards to the employer and to the competent authority. The Government indicates that a proposed amendment to section 23(8) of the DAO 2000-98 on mine safety and health standards would establish the right to report to the employer, as well as the competent authority, as required by Article 5(1) of the Convention. The Committee requests the Government to continue providing information on this subject.

Article 13(2)(b)(i). Participation of the social partners in ensuring compliance. The Committee requests the Government to provide information in reply to the request of the CAS concerning the increased capacity and involvement of the social partners, particularly trade union representatives, in ensuring compliance with occupational safety and health standards in the mining industry, including in the conduct of safety and health inspection.

Article 13(2)(f). The right of workers to receive notice of accidents and dangerous occurrences. The Committee once again requests the Government to provide information concerning the right of health and safety representatives to receive notice of accidents and dangerous occurrences.

Article 16. Penalties. The Committee requests the Government to provide information in reply to the request of the CAS concerning the enactment of a pending legislative measure that proposes to impose stiffer penalties and criminalization of the violation of occupational safety and health standards.

Application in practice. Increase in occupational accidents. The Committee notes the Government’s indication in reply to its previous request and the request of the CAS concerning the measures taken to respond to the increase in work accidents in the mining sector, including: (a) quarterly monitoring activities run by the regional offices of the MGB and audits on safety and health conducted by the central MGB, with penalties imposed for non-compliance with Act No. 7942 of 1995, the Mining Act and its Revised Implementing Rules and Regulations (Administrative Order No. 2010-21); (b) the Safest Mine Award programme, promoting safety and health culture; and (c) the preparation of a Memorandum of Agreement for coordination among the following Departments: Labour and Employment; Environment and Natural Resources; Energy; Health; and the Interior and Local Government. The Committee also notes the Government’s indication that, since the majority of accidents were incurred by service contractors, it is currently considering restoring the accreditation system of service contractors, pursuant to section 143 of DAO 2010-21 on Revised Implementing Rules and Regulations of Act No. 7942, the Philippine Mining Act of 1995. The Committee requests the Government to continue providing information on the progress made in this respect.

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

Legislation. The Committee notes the information provided by the Government regarding the entry into force of the Department of Environment and Natural Resources Administrative Order (DAO) 2010-21 (hereinafter DAO 2010-21), which gives effect to Article 12 of the Convention (section 144(b)). The Committee asks the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Article 5(5) of the Convention. Plans of workings. In response to its previous comment, the Committee notes the Government’s indication that pursuant to section 144 of DAO 2010-21, all mine operators are required to submit an Annual Safety and Health Program (ASHP), to be used during all mine activities, which must include numerous elements including organizational rules and environmental risk management. However, the Committee notes that the legislative provision to which the Government refers does not include the requirement for employers to prepare plans of workings. The Committee once again asks the Government to provide further information on the measures taken, in law and in practice, to ensure that the employer in charge of the mine prepares appropriate plans of workings before the start of the operation, and that these plans are brought up to date periodically in the event of any significant modification.

Article 7(a). Safe design and construction of mines and provision of electrical, mechanical and other equipment. The Committee notes the Government’s indication that section 150 of DAO 2010-21 requires that a permit, issued by the regional director, be obtained before electrical and/or mechanical installations can be undertaken in mining operations, and that rules 21.20 (section 5) and 989 (section 68) of the Mine Safety and Health Standards 2000 (hereinafter “DAO 2000-98”) require employers to maintain inspection systems to detect safety hazards in the operation and to verify the safety of electrical wiring and equipment. The Committee notes, however, that the legislative provisions to which the Government refers do not impose the responsibility upon employers to ensure that the mine is designed, constructed and provided with electrical, mechanical and other equipment, including a communication system, to provide conditions for safe operation and a healthy working environment. The Committee once again asks the Government to provide information on the measures taken, in law and in practice, to ensure that employers fulfil the responsibilities provided for in this Article of the Convention.

Article 10(c). Measures and procedures to establish a recording system of the names and probable location of all persons who are underground. The Committee notes the information provided by the Government, according to which the employer must establish guard posts at the main access of underground mines and that daily time records are maintained for every worker. It also notes the Government’s indication that the “Chapa” system is used in most underground mining operations in order to know if all workers are accounted for following the end of their work shift. However, the Committee notes that no information is provided on the manner in which probable location of workers in the mine is recorded, and the absence of details on the “Chapa” system does not enable it to assess whether full effect is given to this Article of the Convention. The Committee therefore once again asks the Government to provide further information on how effect is given, in law and in practice, to this Article of the Convention, including specific references to relevant legislation. It also asks the Government to provide detailed information on the “Chapa” recording system.

Article 13(1)(a) and (2)(f). The right of workers and their representatives to report accidents, dangerous occurrences and hazards to the competent authority and to receive notice of accidents and dangerous occurrences. The Committee notes that the provisions of DAO 2000-98 referred to by the Government, namely rules 23.1 and 24 (section 6), give effect to Article 13(1)(b) and (2)(b)(i) of the Convention. The Committee notes, however, that the Government does not provide information on the legislative provisions which give effect to Article 13(1)(a) and (2)(f). The Committee therefore once again asks the Government to indicate measures undertaken or envisaged, in law and in practice, to ensure that workers and their representatives have the right to report accidents, dangerous occurrences and hazards to the employer and to the competent authority, and for worker representatives to receive notice of accidents and dangerous occurrences relevant to the area for which they have been selected.

Application of the Convention in practice. The Committee welcomes the statistical information provided by the Government on accidents in the mining industry for the 2012–13 fiscal year, disaggregated by mining operation methods and companies. The Committee notes that, in line with the number of employees in the mining sector having increased from 44,397 in 2011–12 to 93,091 in 2012–13, the number of accidents also considerably increased during this period, with the number of non-fatal accidents with no loss of working time increasing from 725 to 1,226, the number of non-fatal accidents with loss of working time increasing from 54 to 69, and the number of fatal accidents increasing from six to 17. The Committee asks the Government to provide information on measures taken or envisaged to respond to the increase in work accidents in the mining industry. It also asks the Government to continue to provide information on the application of the Convention in practice, including extracts from inspection reports and 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.

[The Government is asked to reply in detail to the present comments in 2016.]

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

The Committee notes the information provided by the Government in its latest report, including information on effect given to Article 9(a) and (b) of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regard to the Convention.

Article 5, paragraph 5. Preparation of appropriate plans of workings by the employer in charge of the mine before the start of operation and their periodical updating. The Committee notes that in its latest report, as in previous reports, the Government indicates that Chapter 1, section 5, of the Mine Safety and Health Standards 2000, imposes such an obligation on employers. The Committee notes, however, that the legislative provisions to which the Government refers appear only to provide for an obligation on employers to submit a safety and health programme to the Director of Mines and Geosciences Bureau. The Committee reiterates its request that the Government indicate legislative measures taken to ensure that the employer in charge of the mine prepares appropriate plans of workings before the start of the operation, and that these plans are periodically updated.

Article 7, subparagraph (a). Measures to eliminate or minimize the risks to safety and health in mines at the stage of their design and construction. The Committee notes that the Government has not provided information on measures to give effect to Article 7(a). The Committee asks the Government to provide information on whether employers are required to ensure that the mine is designed, constructed and provided with electrical, mechanical and other equipment, including a communication system, to provide conditions for safe operation and a healthy working environment, and to indicate the legislative measures that provide for this.

Article 10, subparagraph (c). Measures and procedures to establish a system of recording names and location of all persons who are underground. The Committee notes that the Government has not provided information on the legislative measures to give effect to Article 10(c). The Committee asks the Government to provide information on whether an employer is required to ensure that a system is established so that the names of all persons who are underground can be accurately known at any time, as well as their probable location, and to indicate the legislative measures that provide for this.

Article 12. Measures taken in order to ensure the coordination of two or more employers to implement all measures concerning the safety and health of workers. The Committee notes that section 143 of DAO 96-40, mentioned in the Government’s latest report, as in its previous reports, contains requirements for relations between the principal employers and contractors. The Committee reiterates its request that the Government indicate measures taken or envisaged to ensure that whenever two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures concerning the safety and health of workers, and shall be held primarily responsible for the safety of the operations.

Article 13, paragraphs 1(a) and 2(f). The right of workers and their representatives, to report accidents, dangerous occurrences and hazards to the employer and to the competent authority. The Committee notes the information provided by the Government indicating that Administrative Order 2000-98 provides that workers, and their representatives, shall be given sufficient protection, so that their safety and health is not compromised. The Committee reiterates its request that the Government indicate measures undertaken to ensure that workers and their representatives have the right to report accidents, dangerous occurrences and hazards to the employer and to the competent authority.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government indicating the accomplishments of the Mines and Geosciences Bureau in the promotion of occupational health and safety for the period of 2007 and 2008. The Committee asks the Government to provide further information on the application of the Convention in practice, including 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.

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

1. The Committee notes the information provided by the Government in its reports including the legislation appended thereto. It appears from the information available that legislative conformity is ensured with the majority of provisions of the Convention. The Committee requests the Government to supply supplementary information with respect to the following points.

2. Article 5, paragraph 5, of the Convention. Preparation of appropriate plans of workings by the employer in charge of the mine before the start of operation and their periodical updating. The Committee notes that in its 2002 report the Government indicates that Chapter 1, Section 5, of the Mine Safety and Health Standards, 2000, imposes such an obligation on employers. The Committee notes, however, that the legislative provisions to which the Government refers appear only to provide for an obligation for employers to submit a safety and health programme to the Director of Mines and Geoscience Bureau, which is the competent authority in the Philippines. The Government is therefore requested to indicate legislative measures taken to ensure that the employer in charge of the mine prepares appropriate plans of workings before the start of the operation and that these plans are periodically updated.

3. Article 7, subparagraph (a). Measures to eliminate or minimize the risks to safety and health in mines at the stage of their design and construction. Please indicate the steps taken in order to ensure that effect is given to this subparagraph.

4. Article 9, subparagraphs (a) and (b). Measures taken to ensure that workers exposed to physical and biological hazards shall be informed of them and perform their work without risk. The Committee notes the Government’s references to Rules 13(h) and 14 of the Revised Mine Safety Rules and Regulations by which employers are required to ensure that newly hired employees undergo an orientation course to familiarize them with the hazards where they are assigned. Taking into account that the abovementioned Rules contain requirements of a general nature and the subparagraphs in question prescribe specific measures to be adopted with respect to physical and biological hazards, the Government is requested to indicate legislative or practical measures taken in order to give effect to these provisions of the Convention in relation to those hazards.

5. Article 10, subparagraph (c). Measures and procedures to establish a system of recording names and location of all persons who are underground. The Committee notes the Government’s reference to the employer’s duty to ensure that employees who are assigned in their respective work areas are properly accounted for and their locations are made known. Please indicate the legislative or practical measures by which procedures are introduced in order to give effect to this provision of the Convention.

6. Article 12. Measures taken in order to ensure the coordination of two or more employers to implement all measures concerning the safety and health of workers. The Committee notes that provisions mentioned in the Government’s report (section 143 of DAO 96-40) contain requirements for relations between the principal employers and contractors. Please indicate which measures have been taken or envisaged for the case where two or more employers undertake activities at the same mine.

7. Article 13, paragraph 1(a), and paragraph 2(f). Provisions on the workers’ right to report accidents, dangerous occurrences and hazards to the employer and to the competent authority as well as the right of workers’ representatives to receive notice of accidents and dangerous occurrences. Please provide information on legislative or other measures to determine the procedures for exercising the indicated rights.