Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Safety and Health in Mines Convention, 1995 (No. 176) - Albania (Ratification: 2003)

The Committee notes the information provided by the Government in its reply to its previous requests concerning: Article 5(3) of the Convention, on the Decision of the Council of Ministers No. 315 of 2010 on the procedure for granting authorization for civil use of explosives; and Article 10(d) on the investigation of accidents.

Article 3 of the Convention. National policy on safety and health in mines. The Committee notes the Government’s statement that its policy on safety and health in the mining sector is expressed and defined in the strategic and legal framework in the country. The Government refers in this regard to the Law on Safety in Mining Activities of 2006 (No. 8741), as amended in 2013, as well as the strategy for the development of the mining sector of 2011. The Committee notes that this strategy calls for: a comprehensive legal basis for mining activities, in accordance with EU legislation, which guarantees safety and the protection of the environment; the strengthening of the Inspection Department for Mines Rescue; and the improvement of occupational safety and health in the mining sector. Recalling that the Convention requires the formulation, implementation and periodic review of a coherent policy on safety and health in mines, the Committee again requests the Government to provide further detailed information on the development of a policy on safety and health in mining, as well as the measures taken to ensure its coherence. It also again requests the Government to provide information on measures taken to review the national policy, and on the consultations undertaken with the most representative organizations of employers and workers concerned.

Article 5(4)(a) and (b). Appropriate medical facilities and self-rescue respiratory devices for workers. The Committee previously noted the provisions in the Law on Safety in Mining Activities on mine rescue, and the provisions of the Law on Safety and Health at Work on employers’ obligations to provide first aid.

The Committee notes that section 36(6) of the Law on the Mining Sector (No. 10304) requires the holder of a mining permit to provide medical services in or near the area covered by the permit, in accordance with legislation. The Committee also notes the Government’s statement that the Ministry of Energy and Industry is considering alternative proposals to guarantee rescue teams, complemented with individual self-rescue respiratory devices and service teams for first aid, especially for enterprises with fewer than 25 employees. Recalling that the Convention requires that national laws and regulations specify the requirements relating to appropriate medical facilities in mines, the Committee requests the Government to provide information on the requirements referred to in section 36(6) of the Law on the Mining Sector. In addition, recalling that the national legislation shall require the provision and maintenance of adequate self-rescue respiratory devices for workers in underground coal mines and, where necessary, in other underground mines, the Committee requests the Government to provide information on the measures taken to require the provision of self-respiratory devices.

Article 5(4)(c). Protective measures to secure abandoned mine workings. The Committee notes that, in response to its previous request relating to the legal provisions giving effect to Article 5(4)(c) of the Convention, the Government has pointed to sections 52–55 of the Law on the Mining Sector. However, the Committee notes that these provisions relate generally to the closure of abandoned mines, but do not identify any protective measures to secure these mines so as to minimize risks to health and safety. Therefore, the Committee once again requests the Government to indicate the legal provisions specifying the protective measures to secure abandoned mine workings so as to eliminate or minimize risks to safety and health.

Article 5(4)(d). Safe storage, transportation and disposal of hazardous substances and waste. The Committee notes that, pursuant to section 38 of the Law on Waste Management of 2011 (No. 10463), the Council of Ministers shall adopt requirements for waste management from the exploration, extraction, treatment and storage of mineral resources and water from quarries, on the proposal of the Minister responsible for industry. The Committee requests the Government to provide information on the requirements adopted pursuant to section 38 of the Law on Waste Management, including a copy of any requirements adopted.

Article 5(5). Plans of workings. The Committee previously noted that, under section 4 of the Law on Safety in Mining Activities, a mine can be exploited if there is an approved project for its opening, preparation and use.

The Committee notes the Government’s indication that, pursuant to sections 18(1)(c) and 25(c) of the Law on the Mining Sector, the holder of a mining permit has the obligation to submit each year, to the competent authority, a financial and technical report of all operations carried out in accordance with the obligations set in their permit and annual workplan, in accordance with the prescribed report form. The Committee requests the Government to provide further information on the annual workplan that must be developed by the holder of a mining permit, indicating what is included in the workplan and if it is kept available at the mine site.

Article 7. Measures to be taken by employers to eliminate or minimize the risks to safety and health in mines. The Committee notes that section 36(3) of the Law on the Mining Sector provides that the holder of a mining permit shall take the necessary security measures to protect the life and health of employees and other persons who enter the area covered by the mining permit, in accordance with the applicable laws and regulations. In addition, section 10(2) of the Law on Safety in Mining Activities requires that permit holders ensure that mines or quarries, machinery, equipment, explosive substances and materials used are maintained so as to satisfy the essential safety requirements. The Committee requests the Government to provide further information on the measures taken to give effect in law and practice to Article 7(a) and (c)–(h) of the Convention with respect to employers’ obligations.

Article 9. Physical, chemical or biological hazards. The Committee previously noted that pursuant to section 11 of the Law on Safety in Mining Activities, the holder of a mining permit must ensure that employees have the necessary information and instructions for the use of machinery, equipment and explosives. The Committee once again requests the Government to provide information on the obligations of employers, where workers are exposed to physical, chemical or biological hazards, to: take appropriate measures to eliminate or minimize the risk from such exposure; provide and maintain at no cost to the worker suitable protective equipment and other facilities; and provide workers who have suffered from an injury or illness at the workplace first aid and access to appropriate medical facilities. It also requests information on the obligation of an employer to ensure that, where workers are exposed to chemical or biological hazards, the worker is informed of those hazards.

Article 10(b) and (c). Supervision and control on each shift and recording system of the names and probable location of all persons who are underground. The Committee notes the Government’s statement that the Rules of safety techniques for mines and carriers contains legal provisions specifying the obligation for employers to take measures for the supervision and control of underground workers on each shift. The Committee requests the Government to provide a copy of the Rules of safety techniques for mines and carriers, with its next report. It also requests 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 relevant legislative measures in this regard.

Article 11. Health surveillance of workers. The Committee notes that, in response to its previous comments, the Government indicates that employers have a legal obligation to take the necessary measures with respect to the periodic surveillance of workers exposed to occupational hazards from work in mines. However, the laws which the Government identifies in this respect do not appear to deal with this topic. The Committee must therefore repeat its previous request to the Government to provide information on the provisions in national legislation which contain this obligation, and to provide a copy of the relevant texts, with its next report, and also to provide information on the implementation of those provisions in practice.

Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. The Committee previously noted that section 6(6) of the Law on Safety and Health at Work prescribes that, whenever two or more employers undertake activities at the same workplace, they shall cooperate in implementing measures concerning the safety and health of workers and shall designate a coordinator.

The Committee notes the Government’s statement that, in addition to section 6(6) of the Law on Safety and Health at Work, the Rules of safety techniques for mines and carriers also contain the legal obligation for employers who perform mining activities at the same location to cooperate and coordinate the implementation of occupational safety and health measures. The Committee requests the Government to provide further information on the measures taken or envisaged, in law and practice, to give effect to Article 12 in requiring the employer in charge of the mine to be primarily responsible for the safety of operations, when two or more employers undertake activities at the same mine.

Article 13(1)(b) and (e). Right of workers to request and obtain inspections and investigations and right of removal. The Committee notes that the information provided by the Government in response to its previous question does not address the specific obligations in the Convention. Therefore, the Committee once again requests the Government to provide information on the measures taken or envisaged to give effect to Article 13(1)(b) and (e) of the Convention, and to provide extracts of the relevant legislative texts.

Article 13(2)(c) and (f). Rights and duties of workers’ safety and health representatives. The Committee notes the Government’s statement that the rights of workers’ representatives appointed to participate in councils for safety and health at work are set out in sections 17 and 18 of the Law on Safety and Health at Work. Observing that these sections do not refer to the rights set out in Article 13(2)(c) and (f) of the Convention, the Committee again requests the Government to provide information on the measures taken to ensure that workers’ representatives have the right to have recourse to advisers and independent experts and to receive notice of accidents and dangerous occurrences.

Article 13(4). Protection against discrimination and retaliation. The Committee once again requests the Government to provide information on the measures taken, in law and practice, to ensure that the rights of workers set out under Article 13(1) of the Convention can be exercised without discrimination or retaliation, in accordance with Article 13(4).

[The Government is asked to reply in detail to the present comments in 2017.]