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

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

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.]