Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee notes the information in the Government’s report, in reply to its previous requests concerning Article 13(1)(a) (workers’ and representatives’ right to report accidents, dangerous occurrences and hazards), and 13(2)(c) (representatives’ right to have recourse to advisers and independent experts).

Article 13(2)(b)(ii) of the Convention. Right of safety and health representatives to monitor and investigate safety and health matters. The Committee notes the information provided by the Government, in response to the Committee’s previous request on the right of safety and health representatives to monitor and investigate safety and health matters. In particular, the Government states that miners’ representative are entitled to receive various notices and to participate in the health and safety process at the mine. The Committee notes that, according to the Government, such representatives have the right to receive information on a number of topics, including on hazardous waste (30 C.F.R. s47.53) and training plans (30 C.F.R. ss48.3(d) and 48.23(d)). The Committee requests the Government to provide further information on the manner in which safety and health representatives can exercise their right to participate in the health and safety process at the mine in practice, and to indicate any provisions in national laws and regulations setting out a right for those representatives to investigate safety and health matters, in accordance with Article 13(2)(b)(ii) of the Convention.

Article 14(c). Duty of workers to report situations which could present a risk. The Committee notes the Government’s indication that the Federal Mine Safety and Health Act 1977 (the Mine Act), as amended, does not specifically require miners or their representatives to report any particular situation. The Government also refers to the Mine Safety and Health Administration (MSHA)’s Guide to Miners’ Rights and Responsibilities Under the Federal Mine Safety and Health Act of 1977, which states that miners have the responsibility to notify the operator, supervisor, or other responsible person, when refusing to work in unsafe or unhealthy conditions. The Committee recalls that, under Article 14(c) of the Convention, workers shall have the duty, under national laws and regulations, and in accordance with their training, to report forthwith to their immediate supervisor any situation which they believe could present a risk to their safety or health or that of other persons, and which they cannot properly deal with themselves. The Committee requests the Government to provided further information on the implementation of Article 14(c) of the Convention, and in particular to indicate the measures taken or envisaged to ensure that the abovementioned duty of workers is stated in national laws and regulations.

Application of the Convention in practice. The Committee notes the detailed statistical information provided by the Government, in response to its previous request, on the application of the Convention in practice. In this respect, the Government indicates that between June 2014 and May 2019, the MSHA received 10,784 hazardous conditions complaints and 747 complaints for retaliation or discrimination. The Committee also notes the Government’s indication that the MSHA issued 98,000 citations and orders in 2018, which included 180 imminent danger orders, and 99,364 citations and orders in 2019, including 191 imminent danger orders. The Government further indicates that, in 2019, the fatal injury rate was of 0.0095 injuries per 200,000 hours worked (a decrease from 0.0098 in 2018), and that the rate for all injuries was of 2.04 injuries per 200,000 hours worked (a decrease from 2.05 in 2018). Taking due note of the decreasing injury rate, the Committee requests the Government to continue to provide information on the application of the Convention in practice, including on inspection activities, hazardous conditions complaints received and work-related accidents and diseases in the mining sector. The Committee also requests the Government to continue to provide information on measures taken or envisaged to address the causes of such accidents and diseases. In addition, the Committee requests the Government to provide further information on the implementation of Article 13(4) of the Convention in practice, to ensure that workers and their safety and health representatives can exercise the OSH rights set out in Article 13(1) and (2) without discrimination or retaliation. In this respect, it requests further information on the follow-up given to the complaints of retaliation or discrimination received, including the number of investigations undertaken and the outcome of these investigations (including the number and types of penalties applied).