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

Safety and Health in Mines Convention, 1995 (No. 176) - Portugal (Ratification: 2002)

Articles 5(1) and 16(b) of the Convention. Competent authority responsible for monitoring and regulating various aspects of safety and health in mines. Appropriate inspection services. The Committee notes with interest the organizational changes that appear to reinforce technical competency in the inspection of mines. It notes in this connection that in 2006, occupational safety and health underwent basic restructuring, as a result of which the body now responsible for promoting improvements in conditions of work and supervision is now the Working Conditions Authority. It further notes that in 2007, the Directorate General of Energy and Geology was established, which oversees energy and geological resources and safety and health in mines; and that it has administrative autonomy and is involved in administration of the State under the Ministry of the Economy and Innovation, the Basic Act of which was issued by Legislative Decree No. 208/2006 of 27 October. In this context, responsibility for labour inspection is now shared by the Ministry of the Economy and Innovation and the Ministry of Labour. In 2007, pursuant to Orders Nos 535/2007 and 566/2007 of 30 April, duties were allocated and the Supervision and Regional Coordination Division was established by a notice published in the Official Journal of 29 November 2007 and is in charge of mining support and oversight. The Committee requests the Government to continue to provide information on coordination between these bodies, including information on the sharing of mining inspection duties between the Working Conditions Authority and the Supervision and Regional Coordination Division, and on overall responsibility for matters such as decisions to close and reopen a mine, and on the results achieved through the practical application of this reform.

Article 7(c). Measures to maintain ground stability. With reference to its previous comments, the Committee notes that, according to the Government, sections 27 and 29 of Legislative Decree No. 88/90, read in conjunction with section 69 of Legislative Decree No. 162/90, ensure application of this provision. Section 69 refers to “ground sustenance”. However, bearing in mind that, when applied, these provisions may give rise to different interpretations, the Committee asks the Government to provide information on the manner in which full compliance with this obligation is ensured, to reconsider the matter when revising its national policy, and to examine, with the social partners, the possibility of giving effect in a more explicit manner to this provision of the Convention, and to provide information in this regard.

Article 7(d). Provision of two exits, each of which is connected to separate means of egress to the surface. With reference to its previous comments, the Committee notes that according to the Government, section 36 of Order No. 198/96 establishes that in all underground mines there must be at least two exits of solid and stable construction, and the five underground mines currently operating meet this requirement.

Article 7(e). Monitoring, assessment and regular inspection of mines, and Part V of the report form. Practical application. With reference to its previous comments, the Committee notes the information supplied by the Government to the effect that the legislation is applied in the five underground mines; that in the mining companies supervision is carried out by persons appointed by the technical director and by officers and miners under the supervision of the mines engineer; and that the services of specialized and certified companies is enlisted, and these submit their reports to the labour inspectorate on the latter’s request. As to opencast mines, Legislative Decree No. 270/2001 of 6 October introduced more stringent requirements on the qualifications of technical officers and made submission of a safety and health plan mandatory.

Article 8. Preparation of specific emergency response plans. The Committee notes that in replying to its previous comments, the Government states: that according to section 151 of Legislative Decree No. 162/90, companies must have their own risk assessment systems and that Legislative Decree No. 324/95 requires employers to draw up a safety and health plan before operations begin; that the competent departments of the Ministry of the Economy and Innovation must provide technical guidance for enterprises in preparing safety and health plans, which must contain intervention scenarios for the most serious incidents such as fires, floods and explosions, this provision being compulsory for all extraction work. In addition, section 33 of Order No. 198/96 of 4 June establishes that without prejudice to the provisions of section 3 of Legislative Decree No. 324/95, employers must ensure that the safety and health plan provides for adequate measures to protect the safety and health of workers both in normal situations and in critical circumstances.

Article 10(a). Training and instruction of miners. The Committee notes that in reply to its comments, the Government states that there have been considerable improvements in this area, including an increase in ongoing and comprehensive instruction for miners, which was pioneered by the Neves-Corvo mine and has now been adopted by the country as a whole and applied in certain areas. The Committee requests the Government to continue to provide information on the practical application of this provision.

Article 10(b). Supervision of mine work. The Committee notes that the Government refers to section 3(5) and section 24(4) of Order No. 198/96 of 4 June, which contain rules on the supervision of workers in isolated posts and provides that such posts must be monitored at least once per daily work period. Each shift is monitored by means of radio transmitters and checks are carried out by appointed persons.

Article 10(c). System whereby the names and location of persons underground can be known. The Committee notes the information supplied by the Government which refers to various identification arrangements pertaining to this provision. The Committee reminds the Government that it is essential, regardless of the system, to know at all times the name and location of persons underground, and asks the Government to state whether the mechanisms currently applied allow these objectives to be met, and, if not, to reconsider the matter when reviewing the national policy and to examine, with the social partners, the possibility of giving effect to this provision of the Convention in a more explicit manner, and to provide information in this regard.

Article 13(1)(e). Right of workers to remove themselves from any location posing a serious danger, and Article 13(2)(b),(c),(e) and (f). Selection and duties of safety and health representatives in mines. The Committee notes that according to the Government, pursuant to section 274(2) of the Labour Code issued by Act No. 99/2003, workers are allowed to leave the place of work in the event of danger and that section 177(7) of Legislative Decree No. 162/90 makes the same provision. The Committee notes that the Government has sent no information on the practical application of this provision of the Convention, or on Article 13(2)(b),(c),(e) and (f), of the Convention, on which the Committee sought information in earlier comments. It again asks the Government to provide more extensive information on the practical application of these provisions.