Observación (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Convenio sobre seguridad y salud en las minas, 1995 (núm. 176) - Filipinas (Ratificación : 1998)

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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.