Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694831587629.pdf (Guyana)
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GUYANA _E.fiQ.E..Q.i.i.bi On the following Conventions and Recommendations which were *f**********W****************************************************************************** * ~ * • * * !

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: t : • * * * * * * • : : * * • • * * • adopted by the International Labour Conference at ils B2nd s~ssion held in June, 1995.

Safety and Health in Mines Recommendation 1995, No.

!BJ.

Safety and Health in Mines - Convention 1995• No.

176.
176.

(iii) Protocol of 1995, ._ the Labour Inspection Convention, 1947 • (ii} (i) ......_ * * * * * * • * • * * *· * if • * * • • * • • • "' ·* * ·* * "' * * * * * * * * * • ... -OoOoOoOoOoOoOoOo- -OoOoOoOoOoOoOoOoOoOo- -OoOoOoOoDoOoOoOoOoOoOOo- -OoOoOoOoOoOoOoOoOoOoOoOo- -OoOoOoOoOoOoOoOoOoOo- -OoOoDoOoOoOoOoOo- MIN IS TRY Of'.

LABllJR, HUMAN SERVICES AND SOCIAL SECURITY• JULY, 1997.
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/1997 OF INT.t:RNATIONAL SUBMISSION TO THl!

; NAnoNAL ASSl!21BLI GUIANA FOR IMPL!

!l4illJTATI0N OF THE PARLIAM!!


;NT OF LABOUR INSTRUMiNTS 1. at its 82nd session The International held in June, 199> adopted the following --.. a.nd Protocol, Labo1.1r Coni'erence Convention and Recommendation (1) Convention Mines 199> No.

176. concerning Safety and Heal th in l {11) Recommendation in Mines 199S No.

16J.

concerning Safety and Health (111) Protocol of 1995 to the Labour Inspection Convention, 1947 ...... 2 • Copies of the Convention , nro attached aa appendices I, II and III.
Recommendation and Protocol 3.

Guyana is under obligation Recommendation and for necessary action, ILO of the action taken.

As a member of the International Labour Organisation (lLO) Convention, to bring the above mentioned to the attenti.on of the National Assembly of the and to inform the Director General Protocol CONV l�TION fiO.
176 • CONCt!.RNINO SAF�'l'I AND H�ALTH IN MIN� Dofini tiona For the purpose of this Convention, (1) the tenn "mine" covers .. (a) take in particular, or urrlerground sites where the activities, eurface following placeJ (1) exploration for minerals, excluding the of the distnrbance oil and gas, that involves mechanical ground; (11) extraction oil and gae; 01' minerals, excluding (111) preparation, grinding, of the extracted concentration material.J and crushing, or washing including {b) equipment, appliances, plaut; all machinery, buildings used in conjunction to in (a) above.
referred and civil engineering structures with the act�vities I , (2)the term "employer" means any ph3eical or legal person who employs one or more workers in a mine and., as cthe operator, \he principal contractor, or aub•contractow.

., .the contractor requires context i Scope and Means or Application: The Convention applies to all mines.
Taking national conditions and practice into consideration the Government shall formulate, a coherent regards to the provisions policy on safety and health in mimis, particularly acarry out and pe.r:j.odically review with of the Convention.

The Convontion shall be applied by national and supplemented by technical standards, laws and guidelines regulations or codes of practice.
, The law and regulations shall provide for:- (a) the supervision ot �d'ity and health in minesJ (b) the inspection ot mines by inspectors designated £or such purposesJ (c)the procedures for reporting accidents, and investigating dangerous occurances fatal and serious and mine disastorsJ (d)the compilation ard publication of statistics on accidents, occupational diseases (e) the power of the competent authority to suspend mining activities on safety and or restrict heal th grounds until the cond.i.tion to the suspension has been or restriction corrected.
giving rise (f} the eetahli�hment ensure implementaUon and their representatives matters and to participate to safety and health at the work place.

of the rights of workers to be conr.ulted on in measures of effective procedures to relating • storage The manufacture, ., transport and use of explosives and initiating under the direct supervision devises at the mines shall be carried out by or of competent ard authorised persons.
The laws and regulations shall specify - (a) requirements relating aid and medical facilities; to minen rescue, nrst 3.

�o:e1poneibil1ties of Enployor,p The ernployer shall deal with risk in the following orders• i I (a) eliminate tha riek; (b) control th• risk at sourceJ (c) minimize the risk b:, means that include the deaign of sa.!

e �ork sy E;tem:1.

Employers ehall take all nAcessary measures to eliminate or minimize and constructecJ mine 11' daRigned ent.
working environm the risk to health and safety by �nsuring that the for safe operatio n and a health¥ epecific natural The employar to each mine, for reasonable disasters.

shall prepare an emergency foreseeable response plan, industrial and Worl<ers E:hall be informed of in a comprehensive manner, the hazards and relevant associated preventive and protective with their Wwrk, the health risks involved meaauri:ts.
The employer retraining programmes for workers on each shift to securi, tho safe operation ensured.

at no cost to them; adequaL9 shall "Insure that s.dequ!lte and training and cornprehensive instructions supervision are provided and control o1 the mine shall be Rights and Duties of Workers and their Re�reeen tativesa Workers (a) .
shall have the following rightsi• to report accidents, and hazards co�petent authori�yJ to the employer and to the dangerous occurancee (b) and obtain on safety and health to request grounds., inepectionA to be conducted competent authority; &nd investigatiom; nnd by the employer (c) to know and be informed of work place that may affect their safet,y or hazards health.
(d) to remove themselves from any location at the mine when circumstances which appear, with reasonable justification, to pose a serious heal th; danger to their safety or arise {e) I to collectively I representati ves.

eelectsafety and heal th to,- The safety and health representa tives shall have the right (a) represent workers on all aepect of work place safety and health; {b) to take reasonable care !
'or their own safety and health and that or other persons who may be affected by omissions care and use or protective facilities and equipmen disposal for this purpose clothing, t placed at their at work, including the proper their acts or J f to their immertiate (c) to report forthwith supervisor believe aa!ety or heal th or that of other persons and which they cannot properly themeel which they any situation a risk to their could present deal with ves.
Coopera\1.ona Meaeures shall be taken to encourage r.ooperation between employers ea.f'ety a nd health in mines.

and workers and their representatives to promte 2.

Rl!XlOIM�NDATION NO.

16;3 • CONC.1!.RNINO SAP6T'l AND H.�ALTH IN MIN� Thie Reco11111erriation supplements the Safety and Health in Minea Convention No.

176.
Recolll1lend.ation providea for Government to,- In addition to the requirements of the Convention, the (1) formulate, a coherent minesJ carry out and periodically policy for safety and heal th in review (2) encourage and promote research and exchange of information at the national, levelJ on safe1qt and health in mines regional and international {J) set measure in place to effectively supervise the handling, transporta or explosives and hazardous and produced tion storage and use uaed in the mining process; substances (4) give consideration in respect olimat.ic conditions to duets, gases, radiation where possible; to international standards and {S) adopt relevant technical and organisational measures to all mining activities equipment relate to plant, machinery, structures and protective gears.
as they Position in Oyanaz The J'actoriea No.

20 or 1989 are the · principal in O�ana.

Doth acts, however, do not adequately question of safety and health Act, Cap.

9Sa02 and the Mining Act lave governing the mining address in mines.

Conclusions It is proposed that 01.\Yana do nor ratify the Convention but use it in .formulating the flew Occupational Safety at present and Health Act.

J. fROTOCOL OF 199!

:l !0 TH!!

; LABOUR INSP.cX::TlON CONVbNTION, 1947 NO.


01 �ocpe, Definition and Application: , The Labour Inspection Convention,,_1947, No.

81 apply only to industrial and commercial work places.

\ The Labour In�pection (Agrlcul 1 S5, apply to work places in commercial agricultural undertakings.

ture) Convention and non-commercial 1969, No.

application eervkes sector The purpose of Convention of the ProtQCol of 1995 is to extend the No.
81 to activities in the non-co1m1err.ial J in effect to all categories of work places.

scope the following The Government ma, exclude categories,- wholly or partly from its (a) essential national (Federal) Government administrationJ (b) the armed services, civilian personnel; whether military or (c) the police and other public security servicesJ (d) prieon.

services, whether prison .staff or prisoners work.


when performing If the application of the Convention to any of those categories would raise special problems of a substantial nature.
§.eocial Arrangements, A member mQ¥ make special arrangements national (federal) Government for the inspection adminls• of work places 0£ essential tration, the armed aervicee, aervicee, and of labour inapectors in regard toi- the prison service�, ae provided the police and other public security so as to regulate the powers 12 of the Conventi in Article on (a) inspectors clearance having appropriate before entering; security (b) inspection by appointment; (o) the power to require document the production s; confidential of (d) the removal of confidential documents !rom the premises; (e) the taking and analysis of samples of materials and substances.
6.
The member may also make special arrangements for the inepection of work places of the armed services and other public security following so as to permit any of the on the powers of labour inspecto limitations services rs 1- and the police (a) (b) restriction - or exercises; restriction front-line or of inspection during manoeuvres f or prohibition units; active service of inspection 0£ (c) restriction of prohibition of inspection during declared periods of tensionJ (d) limitation of inspection transport of explosives military purposes. '""
in respect, and armaments 0£ the for The member may make special arrangements Cot• the inspectio n of work places of fire brigades of inapection the restziction during rescue or other emergency labour inspectorate after any sig1df1cant incident.

during the fighting operations.


of a fire or In such cases, the and shall review such operations and other reecue services to pennit periodically The labour inspectorate shall"lfe able to advise on the formulation for potentially the implementation 0£ eff'ecti-ve hazardous of such measures.
measures to minimize work and to participate riske during training in monitoring Position in Ouy:anas The Laws of Ou,yana give officers of the Labour Department powers of entry to any-premises where labour is am.ployed for the purposes of inspection Act Cap.

9Bs01 and Section refers.

As such inspection commercial or non-commercial.

Section 10 of the Factories ie extended and examination.

Act Cap.
Act Cap.

9Ss02 )0 of the Labour to all sectors whether It has not been the practice, of Government to carry out in!lpections police, prison and fire services however, o1'ficee, as required by for Labour l)fficers the armed forces, the Protocol.

• Conclusions s In view of the special arrangemente outlined that can ba put in place for inspection the armed forces, the police and other public the prison services Nos.

81 and 129 it ie recommen ded that Ou,yana or Oovernment ratify the Protocol.
8ecurity services and and the fact that Guyana has ratified Conventions inl,Protocol Lthe administration, SUMMARY OF CONCLUSIONS 82ND SESSION OF INTERNATIONAL LABOUR CONFERENCE, JUNE, 1995. i) Safety and Health 1995, No.

176. in Mines, Convention, ii) Safety and Health in Mines Recommendation, 1995, No.

183.

It is proposed not to ratify the Convention but use it in formulating the Occupational Health and Safety Act.

i) Protocol of 1995 to the Labour Inspection Convention, 1947.
It is proposed that Guyana ratify the Protocol.
International Labour Conference du Travail Conference internationale 176 CONVENTION CONVENTION CONCERNING SAFETY AND HEALTH IN MINES ADOPTED BY THE CONFERENCE AT ITS EIGHTY-SECOND SESSION, GENEVA, 22 JUNE 1995 CONVENTION 176 CONVENTION CONCERNANT LA SECURITE ET LA SANTE DANS LES MINES A SA ADOPTEE PAR LA CONFERENCE QUATRE-VINGT-DEUXIEME SESSION, GENE.VE, 22 JUIN 1995 AUTHENTIC TEXT TEXTE AlITHENTIQUE Convention 176 CONVENfION CONCERNING SAFETY AND HEALffl IN MINES The General Having been convened of the International at Geneva by the Governing Conference Labour Organization, Session met in its Eighty-Second Body of the International on 6 June 1995, Labour Office, and having and Noting the relevant International Labour Conventions and Recommendations of Forced Labour Convention, 1957; the 1960; the Guard­ and Recommendation, 1963; the Employment and Recommendation, and Recommendation, 1964; the Minimum Age and Recommendation, 1965; the Medical Work) Convention, 1965; the Convention Noise and Vibration) Protect of Young Persons ion Convention Convention Convention Work) Convention and, in particular, the Abolition Radiation ing of Machinery Injury Benefits (Underground Examination Working Safety and Recommendation, tion and Recommendation, 1981; tion and Recommendation, dation, Recommendation, 1990; and the Prevention Recommendation, (Air Pollution, 1977; the Occupational of Major Industrial 1988; the Chemicals (Underground Environment 1986; the Safety 1993, and the Occupational 1985; the Asbestos and Health in Construction Health Convention and Health Conven­ Services Conven­ and Recommen­ Convention and Convention and Recommendation, Accidents Convention and that workers Considering and genuine mentation they face in the mining industry, and health and consultation of safety have a need for, and a right to, information, training on and participation in the preparation and imple­ measures concerning the hazards and risks Recognizing affecting arising that it is desirable workers to prevent of the public, or
 members from mining operations, and any fatalities, injuries or ill health or damage to the environment Having regard to the need for cooperation between the World Health Organization, institutions codes and guidelines Organization, Energy Agency and other relevant codes of practice, instruments, and organizations, Having decided upon the adoption and health and which is the fourth in mines, of certain Labour the International Atomic the International and noting the relevant proposals with regard item on the agenda of the session, to safety issued by these Having determined that these proposals shall take the form of an international Convention; this twenty-second adopts ninety-five the following in Mines Convention, 1995: day of June of the year one thousand and nine hundred Convention, which may be cited as the Safety and Health p ART I. DEFINITIONS 1.For the purpose of this Convention, or underground sites where the following 1 Article the term "mine" covers - activities, in particular, take (a)surface place: (i)exploration ical disturbance for minerals, of the ground; excluding oil and gas, that involves the mechan­ (ii)extraction (iii)preparation, the extracted of minerals, excluding crushing, including and material; equipment, used in conjunction (b)all machinery, structures oil and gas; grinding, plant, appliances, with the activities buildings referred to in (a) above.
and civil engineering concentration or washing of 2 -- 2.For the purpose of this Convention, or legal person who employs one or more workers means any the term "employer" in a mine and, the operator, the principal or contractor, contractor physical as the context subcontractor.

requires, PART II.

SCOPE AND MEANS OF APPLICATION 2 Article 1.This Convention 2.After consultations concerned, applies to all mines.
with the most representative authority the competent organizations of employers the of a Member which ratifies and workers Convention: (a)may exclude certain provisions categories thereof, law and practice tion, or certain mines under national result protection of the Conven­ afforded to that which· at these would of the Convention; from the full application of the provisions of mines from the application is not inferior if the overall (b)shall, in the case of exclusion of certain make plans for progr essively categories of mines pursuant all mines.
covering to clause (a)above, 3.A Member which ratifies and avails itself of the possibility on the application afforded in paragraph 2(a) in its reports of of the International 22 of the Constitution the Convention Labour Organization, any particular of mines thus excluded sons for the exclusion.
above shall indicate, article submitted under the Convention category and the rea­ 3 Article In the light of national conditions most representative organizations ber shall formulate, and health provisions carry out and periodically with regard particularly in mines, of the Convention.

and workers review and after consultations with the the Mem­ concerned, on safety policy to give effect to the to the measures of employers and practice a coherent 4 Article 1.The measures for ensuring laws and regulations.
by national application shall of the Convention be prescribed 2.Where appropriate, these national laws and regulations shall be supple- · mented by: (a)technical standards, , guidelines or codes of practice; or (b)other means as identified by the competent authority.

practice, of application consistent with national 5 Article 1.National nate the competent and health safety laws and regulations pursuant that is to monitor authority in mines.
to Article and regulate 4, paragr aph 1, shall desig­ of aspects the various 2.Such national (a)the supervisior,,,�f (b)the inspection safety of mines.

laws and regulations and.
health by ins�f:tors shall provide in mines; designated for: for the purpose by the com- petent authority; (c)the pr�es for reportiqg occurrences and mine disasters, and investigating fatal and serious each as defined by national accidents, laws dangerous or regulations; (d)the compilation diseases regulations; and publication of statistics on accidents, occupational aQd dangerous occurrences, laws or each as defined by national 4 on safety and health or restriction (f)the establishment (e)the power of the competent grounds and has been corrected; of effective procedures to ensure and their representatives and health authority until the condition rights of workers participate in measures to suspend relating to safety to be consulted of the the implementation and to on matters at the workplace.
or restrict mining activities giving rise to the suspension 3.Such national laws and regulations shall provide and use of explosives and initiating devices stor­ that the manufacture, at the mine shall be of competent out by or under the direct supervision and authorized age, transport carried persons.
laws and regulations shall specify: to mine rescue, medical first aid and appropriate to provide in underground adequate coal mines and, where necessa and maintain respiratory devices ry, in other under­ self-rescue 4.Such national relating (a)requirements facilities; (b)an obligation for workers ground mines; (c)protective minimize risks measures to secure abandoned mine workings so as to eliminate or (d)requirements substances used in the mining transportation and waste produced and disposal at .the mine; and process of hazardous to safety for the safe storage, and health: ., to supply ( e)where appropriate, an obligation sufficient sanitary conveniences to wash, change and eat, and to maintain them in hygienic and facilities condition.
5.Such national of the mine shall ensure the start of operation plans are brought laws and regulations that appropriate shall and, in the event up to date periodically plans of workings of any significant and kept available are prepared modification, at the mine site.

that such before provide that the employer in charge p ART III.
PREVENTIVE AND PROTECTIVE MEASURES AT THE MINE A.RESPONSIBILITIES Of EMPLOYERS In taking preventive measures shall assess the risk and deal with it in the following under this Part of the Conven­ order of 6 Article and protective tion, the employer priority: (a)eliminate (b)control (c)minimize the risk the risk at source; the risk; by means that include the design of safe work systems; and (d)in so far as the risk remains, provide for the use of personal protective equip- ment, having regard and the exercise to what is reasonable, of due diligence.
practicable and feasible, and to good practice Employers shall take all necessary measures to eliminate or minimize the risks to safety and health in mines under their control, and in particular: 7 Article (a)ensure that the mine is designed, and other equipment, for safe operation mechanical vide conditions constructed including and a healthy with electrical, system, to pro­ a communication environment; and provided working (b)ensure that the mine is commissioned, maintained and decom­ missioned them without in such a way that workers endangering their safety and health the work assigned to or that of other persons; operated, can perform 6 (c)take steps to maintain of the ground in areas to which persons hove access in the context the stability of their work; (d)whenever pra<;ticable, each of which is connected from every underground means of egress workplace, to the surface; to separate provide, two exits, and regular inspection of the working envi­ to which the workers may be exposed (e} ensure ronment and to assess the monitoring, to identify assessment hazards their level of exposure; ventilation the various adequate (f} ensure pemiitted; (g)in respect of zones susceptible plan and procedures to ensure an operating protection (h)take measures detect to prevent, of workers; and precautions and combat the start to particular hazards, draw up and implement a safe system of work and the appropriate to the nature of a mine operation of fires and explosions; and and spread for all underground workings to which access is (i)ensure danger that when there is serious and health of workers, operations are stopped and workers are to a safe location.
to the safety evacuated Article 8 The employer for reasonably prepare an emergency and natural industrial foreseeable shall disasters.
response plan, specific to each mine, 9 Article Where workers are exposed to physical, chemical the or biological hazards, employer (a)inform shall: the workers, in a comprehensible risks involved manner, of the hazards and relevant preventive and protec­ associated with their work, the health tive measures; (b)take appropriate measures to eliminate or minimize the risks resulting from exposure to those hazards; (c)where adequate exposure cluding and maintain provide clothing as necessary and and lations; protection to adverse against cannot conditions injury risk of accident or to health by other means, in­ be ensured at no cost to the worker suitable other facilities defined by national protective laws or regu­ equipment, ( d)provide workers who with first aid, appropriate medical appropriate facilities.
have suffered from an injury or illness at the workplace transportation from the workplace and at:cess to The employer shall ensure that: Article 10 (a)a(lequate training and retraining programmes at no cost to them, on safety and health and comprehensible as matters instructions are provided well as on the work assigned; for workers, (b)in accordance control are pr9vided with national laws and regulations, on each shift to secur� the safe operation adequate of the mine; supervision and (c)a system is establishe<J so that the names of all persons can be accurately· known at any time, as well as their probable who are underground location; (d)all accidents lations, and dangerous occurrences, are investigated and appropriate as defined by nationa and remedial action is taken; l laws or regu­ ( e)a report/ as specified tent authority on accidents by national laws and regulations, is made to the compe­ .. occurrences and dangerous 8 of general Article 11 principles laws and regulations, surveillance of workers with national regular specific to mining.
health On the basis health of occupational and in accordance the employer exposed of shall ensure the provision hazards to occupational health 12 Article Whenever two or more employers of the mine in charge shall coordinate activities the implementation the of all meas­ at the same mine, undertake employer ures concerning responsible employers the safety the safety for the safety and health of workers of the operations.
for the implementation This shall not relieve of all measures individual concerning and shall be held primarily from responsibility and health of their workers.

B.RIGHTS AND DUTIES OF WORKERS AND THEIR REPRESENTATIVES 1.
Under shall have the following (a) to report accidents, 13 Article l laws and regulations rights: dangerous occurrences the nationa to the competent authority; referred to in Article 4, workers and hazards to the employer and (b)to request grounds, by the competent and obtain, inspections authority; where there is cause for concern and investigations to be conducted and health on safety and by the employer (c)to know and be informed of workplace hazards that may affect their safety or health; ( d)to obtain information, authority; relevant or the competent ( e)to remove themselves which appear, safety or health; and to their safety or health, held by the employer with reasonable from any location justification, at the mine when circumstances arise danger to their to pose a serious (f)to collectively select and health safety and health 2.The safety representatives referred representatives.
shall, in accordance with national laws and regulations, to in paragraph l(f) above have.
the following rights: (a)to represent workers on all aspects and health, including where applicable, the exercise of the rights in paragraph 1 above; of workplace safety provided (b)to: (i)participate in inspections and investigations conducted by the employer and by the competent authority at the workplace; and (ii)monitor safety and investigate and health matters; (c)to have recourse (d)to consult to advisers with the employer policies including and procedures; and independent in a timely fashion experts; on safety and health matters, .
with the competent relevant (e)to consult (f)to receive, accidents 3.Procedures and dangerous occurrences.

.

and authority; for the exercise of the rights referred to in paragraphs 1 and 2 to the area for which they have been selected, notice of above shall be specified: (a)by national (b)through tives.
4.National laws and regulations; and consultations.be tween employers and workers and their representa­ paragraphs 1 and 2 above can be exercised without discrimination laws and regulations shall ensure that the rights referred or retaliation.
to in 10 Under national laws and regulations, workers shall have the duty, in accord­ 14 Article ance with their training: (a)to comply with prescribed safety (b)to take reasonable and health measures; care for their own safety who may be affected by their acts or omissions facilities use of protective clothing, at work, including the placed and equipment and health and that of other at persons proper care and their disposal for this purpose; ( c)to report forthwith to their immediate could present a risk to their safety believe and which they cannot properly supervisor or health and deal with themselves; any situation or that of other persons, which they ( d)to cooperate with the employer to permit compliance responsibilities placed on the employer pursuant with the duties to the Convention.
and C.CooPERATION Measures encourage to promote safety shall be taken, cooperation and health between in mines.

Article 15 in accordance employers with national and workers and their representatives laws and regulations, to p ART IV.
IMPLEMENTATION Article 16 The Member shall: (a)take all necessary and corrective of the Convention; measures, and appropriate (b)provide measures, including the provision of appropriate penalties of the provisions enforcement to ensure the effective measureS'to vices with the resources be taken in pursuance necessary inspection services to supervise the application of the Convention and .provide for the accomplishment of the these ser­ tasks.
of their PART V. FINAL PROVISIONS The formal ratifications 17 Article of this Convention Director-Geheral of the International Labour Office for shall be communicated registration.

to the 18 Article shall be binding 1.This Convention only upon those Members of the Inter­ Labour Organization national Director-General 2.It shall come into of the International whose ratifications Labour Office.
two Members have been registered r, this Convention 12 months after the date on which its ratification force 12 months after the date on which the ratifications with the Director-General.

shall come into force for any Member has been registered.

3.Thereafte of with the have been registered 19 Article • 1.

A Member which has ratified of ten years from expiration force, by an act communicated Labour offfce for registration.
year after the date on which it is registered the date on which the Convention first comes into to the Director-General of the International shall not take effect until one Such denunciation this Convention it after the may denounce 2.

Each Member which has ratified this Convention and which does not, within the year following the expiration in the of the period of ten years mentioned 12 paragraph, preceding Article, nounce this Convention terms provided for in this Article.
will be bound for another period of ten years and, thereafter, at the expiration of each period of ten years under the exercise the right of denunciation provided for in this may de­ 20 Article 1.The Director-General of the International Labour Organization Members of the International fications and denunciations communicated of the registration by the Members of the Organization.
Labour Office shall notify all of all rati­ 2.When notifying second ratificatio of the Organization the Members of the Organization of the registration of the n, the Director-General shall draw the attention to the date upon which the Convention shall of the Members come into force.

21 Article of the International The Director-General 102 of the Secretary-General article the Charter and acts of denunciation of the provisions of the United Nations, registered Articles.
of the United Nations, preceding Labour Office shall for registration full particulars communicate to in accordance with of all ratifications by the Director-General with the in accordance 22 Article At such times as it may consider Labour Office shall present of this Convention and shall examine necessary, to the General the Governing Body of the Inter­ a report Conference of placing the desirability on the on the Conference the question of its revision in whole or in part.
national working agenda of the 1 .
Should the Conference whole or in part, then, unless adopt a new Convention the new Convention revising otherwise - provides this Convention io 23 Article (a)the ratification by a Member of the new revising denunciation Convention shall ipso jure of this Convention, if and when the new revising the notwithstanding shall Convention involve provisions have come into force; the immediate of Article 19 above, (b)as from the date when the new revising Convention this comes into force, Convention shall cease to be open to ratification by the Members.
2.This Convention shall in any case remain in force in its actual it but have not ratified which have ratified form and the revising content Convention.

for those Members The English and French versions of the text of this Convention are equally authoritative.
Article 24 14 The foregoing · is the authentic text of the Convention the General Conference Eighty-second Session twenty-second day of June 1995. of the International Labour which was held at Geneva and declared Organization duly adopted by during its closed the IN FAITH WHEREOF we have appended our signatures this twenty-third day of June 1995 .
16 · The text of the Convention as here presented is a true copy of the text authenticated Labour Con­ of the International of the President ference of the Inter­ and of the Director-General national Labour Le texte de la convention presentee du texte authentique de la Conference ici est une par les signatures intemationale du Bureau interna copie exacte du President Travail et du Directeur du Travail.

tional general by the signatures Office.


du ­ Certified true Copie certifiee and complete conforme copy, et complete, For the Director-General Pour le Directeur Labour Office: of the International du Bureau international general du Travail: .

International Labour Conference du Travail internationale Conference RECOMMENDATION 183 RECOMMENDATION CONCERNING SAFETY AND HEALTH IN MINES AT I TS ADOPTED BY THE CONFERENCE EIGHfY-SECOND 22 JUNE 1995 SESSION, GENEVA, .

RECOMMANDATION RECOMMANDATION 183 .
CONCERNANT LA SECURITE ET LA SANTE DANS LES MINES ADOPTEE PAR LA CONFERENCE A SA QUATRE-VIN GT-DEUXIEME SESSION, GENEVE, 22 JUIN 1995 TEXT AUTHENTIC ·TEXTE AUTHENTIQUE Recommendation 183 ' RECOMMENDATION CONCERNING SAFETY AND HEALffl IN MINES The General Having been convened of the International at Geneva by the Governing Conference Labour Organization, Body of the International on 6 June 1995, Labour Office, and having met in its Eighty-second Session and international and Recommendations r, the Abolition of Forced Labour Convention, 1957; the 1%0; the Guard­ Protection Convention Conventions and Recommendation, and Recommendation, 1963; the 1964; the Minimum Age and Recommendation, Employment and Recommendation, 1965; the Medical (Underground 1965; the Work) Convention, (Air Pollution, Safety 1977; the Occupational 1981; the Occupational 1985; the Asbestos Noise and Vibration) and Health Conven­ Conven­ and Recommen­ Convention Health Services Convention and Convention 1986; the Safety and Health in Construction 1988; the Chemicals Convention and Recommendation, of Major Industrial Accidents Convention and labour Convention Environment of Young Persons Convention Work) Convention Noting the relevant and, in particula Radiation ing of Machinery Injury Benefits (Underground Examination Working and Recommendation, tion and Recommendation, tion and Recommendation, dation, Recommendation, 1990; and the Prevention , 1993, and Recommendation that workers consultat Considering and genuine mentation they face in the mining industry, of safety have a need for, and a right to, information, training ion on, and participation and health and measures concerning in the preparation and imple­ the hazards and risks Recognizing affecting arising that it is desirable workers to prevent or members of the public from mining operations, and any fatalities, injuries or ill health or damage to the environment Having regard to the need for cooperation between the World Health Organization, the International the International and noting the relevant Labour Atomic institutions codes and guidelines issued by these Organization, Energy Agency and other relevant instruments, organizations, codes of practice, and Having decided upon the adoption and health and which is the fourth in mines, of certain proposals with regard to safety item on the agenda of the session, Having determined that these proposals dation supplementing the Safety shall take the form of a Recommen- and Health in Mines Convention; adopts this twenty-second ninety-five Health in Mines Recommendation, day of June of the year one thousand Recommendation, 1995: nine hundred and and which may be cited as the Safety the following I.GENERAL PROVISIONS l.The provisions of this Recommendation those of the Safety and 1995 (hereafter to as "the Convention"), supplement referred Health in Mines Convention, and should be applied with them.
in conjunction mines.

to all applies 2.This Recommendation 3.

(1) In the light of national with the most representative Member should safety and health formulate, in mines.
conditions and practice and after consultation organizations of employers carry out and periodically and workers a concerned, on review a coherent policy (2)The consultations provided for by Article clude consultations with the most representative 3 of the Convention organizations should in­ and of employers workers on the effect of the len�th Qf working hours, night work and shift work on work�' safety and health.

necessary daily' working homs and minimum daily rest periods.
to working time and, in particular, After such consultations, measures in relation the Member should take the to maximum ·.

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4.The competent with the appropriate investigate, inspect, and to ensure compliance authority skills, should have properly technical and sufficient assess and advise on the matters with national qualified and trained staff to and professional dealt with in the Convention support, laws and regulations.
5.Measures should be taken to encourage (a)research national of information into and exchange level; and international by the competent authority (b)specific assistance and promote: on safety and health in mines at the to small mines with a view to: (i)assisting (ii)establishing (iii)encouraging in transfer of technical know-how; preventive safety and health programmes; and cooperation and consultation between employers and workers and their representatives; and ( c)programmes who have sustained occupational or systems for the rehabilitation or illnesses.
injuries and reintegration of workers 6.Requirements relating to the supervision of safety and he�lth in mines pur­ 5, paragraph 2, of the Convention should, where appropriate, those concerning: suant to Article include (a)certification (b)inspection (c)supervision and training; of the handling, of the mine, mining equipment and installations; of hazardous substances used or produced storage transportation, in the mining process; and use of explosives and ( d)performance (e)supervision ,of workers.
of work on electrical equipment and installations; and pursuant 7.Requirements provide that the suppliers stances safety and health, and instructions.
could products and sub­ to the mine should ensure their compliance with national standards on information and provide comprehensible to Article of equipment, 5, paragraph appliances, 4, of the Convention, label products clearly hazardous relating of the Convention to mine rescue and first aid pursuant to Article 5, for emer­ medical facilities and to appropriate arrangements; to be provided; for training; 8.Requirements paragraph 4(a), gency care could cover: (a)organizational (b)equipment (c)standards (d)training (e)the appropriate ( f) an appropriate (g)an effective (h)provision (i)establishment (j)periodic of workers and participatio� nuinber of trained communication system; in drills; system to give warning of danger; persons to be available; and maintenance of means of escape and rescue; of a mine rescue team or teams; medical assessment of suitability of, and regular training for, the per­ sons on the mine rescue team or teams; (k)medical attention and transportation to receive both at no medical attention, cost to workers who have suffered an injury or illness at the workplace; (l)coordination (m)measures with local authorities; to promote international cooperation in this field.
9.Requirements pursuant could cover the specifications to Article and standards 4(b ), of the Convention, of the type of self-rescuers 5, paragraph to be 4 provided other J)lines where appropriate, and, in particular, in the case of mines susceptible the provision of self-contained to gas outbursts respiratory devices.

and 10.National and maintenance 11.National appropriate measures 1aws and regulations of remote control laws and regulations for the protection equipment.
should specify of workers should prescribe measures for the safe use that the employer should take alone or in isolation.

working II.PREVENTIVE AND PROTECTIVE MEASURES AT THE MINE 12.Employers should undertake develop and implement, where appropriate, to manage the risk.

hazard assessment systems and risk analysis and then 13.
In order to maintain 7(c) of the Convention, (a)monitor and control (b)as may be necessary the mine workings, allow for the controlled and control (c)monitor the stability of the ground, in accordance should take all appropriate the employer the movement , provide except for those areas where the mining methods selected of the roof, sides and floor of effective measures of strata; support with Article to: collapse the sides of surface of the ground; mines to prevent and workers; mater.ial from falling or sliding into the pit and endangering (d)ensure that dams, lagoons, constructed tailings are ade­ and other such impoundments from sliding to prevent dangers and controlled quately material designed, or collapse.
14.Pursuant to Article 7(d) of the Convention, should be as independent and equipment of each other as possible; for the safe evacuation provided of workers in case of danger.
separate arrangements means of egress should be made 7(f) of the Convention, to Article have access, 15.Pursuant to which workers an appropriate (a)in which the risk of explosions (b)in which working conditions and other areas as necessary, an atmosphere: is eliminated are adequate, manner to maintain or minimized; all underground mine workings should be ventilated in having regard to the working method being used and the physical demands placed on the workers; (c)that complies with national where national standards standards on dusts, gases, do not exist, the employer and climatic should give conditions; consideration to international standards.
and radiation 16.The particular hazards referred plan and procedures to in Article might include: ing an operating 7(g) of the Convention requir­ (a)mine fires and explosions; (b)gas outbursts; ( c) rock bursts; ( d)an inrush of water or semi-solids; ( e)rockfalls; (f)susceptibility (g)hazards ularly of areas to seismic to work carried geological difficult (h)loss of ventilation.
related movements; out near dangerous openings or under partic­ circumstances; 17.Measures that employers could take pursuant to Article prohibiting persons which could initiate 7(h) of the Con­ under­ from carrying or a fire, explosion should include, vention ground any item, object or .substance dangerous where applicable, occurrence.
to Article 18.Pursuant where appropriate, sufficient fireproof and self-contained chambers 7(i) of the Convention, mine facilities should include, to provide 6 refuge shoilld be easily for wori\ers in the event of an emergency.

identifiable and accessible, particularly chambers The self-contained is poor.
when visibility 19.The emergency response plan referred to in Article 8 of the Convention might include: (a)effective (b)provision site emergency for the cessation plans; gency; (c)adequate training in emergency procedures and in the use of equipment; of work and evacuation of the workers in an emer- (d)adequate (e)provision protection of information of the public and the environment; to, and consultation bodies and with, appropriate referred to in Article 9 of the Convention might include: and other mine gases; substances; engines; equipment or other sources; organizations.. .20.
The hazards toxic, noxious fumes from diesel from rock strata, (a)airborne dusts; (b)flammable, (c)fumes and hazardous (d)exhaust (e)oxygen deficiency; (f)radiation (g)noise and vibration; (h)extreme (i)high levels (j) insufficient related (k)hazards spaces; confined associated (l)hazards related (m)hazards resulting (n)hazards temperatures; of humidity; lighting or ventilation; to work carried out at high altitudes or extreme depths, or in to mechanical with manual handling; equipment from a combination of any of the above.
and electrical installations; 21.Measures pursuant to Article 9 of the Convention (a)technical to the plant, and organizational measures equipment, machinery, applied appliances might include: or to relevant or structures; mining activities (b)where it is not possible above, other effective equipment to have recourse measures, clothing and protective including at no cost to the worker; to the measures to in (a) referred the use of personal protective health (c)where reproductive hazards technical special tive work, where appropriate, without risk periods such as pregnancy health and organizational and risks have been identified, and training including any Joss of salary, the right to alterna­ especia11y measures, during and breast-feeding; (d)regular monitoring and inspection of areas where hazards are present or likely to be present.
22.The types of protective could include: of the Convention (a)roll-over (b)equipment (c)fully enclosed (d)self-contained ( e)emergency seat belts and harnesses; pressurized cabins; rescue showers and falling object chambers; equipment referred and facilities to in Article 9( c) protective structures; and eye wash stations.
23.In implementing Article lO(b) of the Convention, employers should: (a)ensure appropriate ular, of the atmosphere, including therein, appliances of each workplace ground conditions, where necessary inspections machinery, and inspections; equipment pre-shift at the mine, and in partic­ and 8 (b)keep written such records records available at tht:; mine.
defects of inspections, measures and corrective and make 24.Where appropriate, surveillance at no cost to the worker and without 11 of the to in Article or any discrimination referred the health should, Convention retaliation (a)provide whatsoever: the opportunity requirements employment to undergo medical of the tasks to be performed, and and thereafter prior to or just after commencing on a continuing basis; for reintegration or rehabilitation of workers injury due to occupational or illness.
unable (b)provide, where possible, to undertake their normal duties examination to the related 25.Pursuant to Article provide where appropriate, 5, paragraph and maintain 4( e ), of the Convention, at no cost to the worker: should employers (a)sufficient and suitable which are, where appropriate, showers, gender-specific; wash-basins toilets, and changing facilities (b)adequate (c)adequate ( d)adequate facilities supplies and hygienic for the storage, of potable laundering drinking-water and drying in suitable places; and of clothes; facilities for taking meals.
III.RIGHTS AND DUTIES OF WORKERS AND THEIR REPRESENTATIVES 26.Pursuant to Article 13 of the Convention, should receive or have access workers and their safety to, where appropriate, infor­ and representatives health mation which should include: (a)where practicable, notice authority; of inspections inspections the competent including (b).
reports (c)copies safety (d)reports of orders and health matters; of accidents, and health safety affecting ployer; of any safety or health related visit to the mine by conducted of machinery issued by the competent or equipment; or instructions by the competent of authority in respect authority or the employer, injuries, instances of ill health and other occurrences prepared by the competent or the em­ authority ( e)information and notices agents materials, harmful on all hazards or substances at work including used at the mine; toxic or hazardous, (f)any other documentation concerning safety and health that the employer is to maintain; required (g)immediate (h)any health notification studies conducted of accidents and dangerous occurrences; in respect of hazards in the workplace.
and present 27.Provisions could include vention (a)notification to be made pursuant requirements for: and safety of supervisors to in that provision; referred to Article 13, paragraph l(e), of the Con­ and health representatives of the danger (b)participation by senior in endeavouring where necessary, (c)participation, the workers to resolve the issue; by a representative of the competent authority representatives of the employer of and representatives to assist in resolution of pay for the worker and, where appropriate, of the issue; (d)non-loss assignment to suitable alternative work; ( e)notification, to be given to any worker who is requested to perform work in the area concerned, and of the reasons of the fact that another therefor.
worker has refused to work there des defauts et des mesures correc­ prevue a !

'article 11 de la conven­ et sans qil'il puisse faire l'objet de quel­ b)tenir un registre tives prises 24.Le cas echeant, des inspections effectuees, et le tenir a disposition dans la mine.
medicale la surveillance pour le travailleur sans frais tion devrait, ques discrimination a)inclure inheren par la suite, la possibilite tes aux taches a effectuer, ou represail de ma.niere les que ce soit: reguliere; celii est possible, d'effectuer lorsque incapables vailleurs ou d'une maladie 25.Conforrnement a l'article professionnelles.
5 paragraphe leurs taches b)inclure, de subir un examen .medical en fonction des exigences avant le debut de l'emploi ou juste apres et, la reintegration ou la readaptation habituelles en raison des tra­ d'une lesion y a lieu, fournir et maintenir en bon etat, sans frais 4 e) de la convention, Jes em­ Iorsqu'il devraient, ployeurs pour Jes travailleurs: a)des toilettes, adaptes vetements, femmes; douches, lavabb$, et en nombre suffisant, ainsi que des installations des hommes et des a l'usage pour changer separe de b)des installations c)un volume suffisant d) des locaux appropries appropri ees pour ranger, laver et secher d'eau potable a des endroits appropries; Jes vetements; et hygieniques pour prendre Jes repas.
III.DROJTS ET OBLIGATIONS DES TRAVAlLLEURS ET DE LEURS DELBGUES 26.En application a la securite delegues !
'information a) lorsque qui devrait cela est possible, inclure: de l'article et la sante devraient 13 de la convention, recevoir ou avoir acces, et leurs selon le cas, a les travailleurs la notification de toute visite a la mine qui se rapporte a la securite b)les rapports ployeur, c)des copies matiere et a la sante d'un representant sur les inspections y compris les inspections des machines emanant ou instructions competente; ou par l'em­ ou des equipements; en de l'autorite competente menees par l'autorite competente des injonctions de l'autorite de securite d)les rapports, etablis et de sante; par l'autorite competent Jes cas de deterioration e ou par l'employeur, de la sante et autres sur Jes acci­ qui incidents la securite Jes lesions, dents, concernent e)des informations compris les materiaux, a Ia mine; utilises et la sante; et notifications substances relatives ou agents a tous Jes dangers dangereux, y du travail, ou nocifs toxiques f)toute autre documentation concernant la securite et la sante que l'employeur doit conserver; g) la notification immediate-des h)toutes accidents de sante menees sur les les etudes et autres dangers incidents et dangereux; qui existent sur le lieu de en reuvre !
'article 13, paragraphe 1 e), de la aux superieurs et aux delegues a Ia travail.
visant a mettre 27.Les dispositions prevoir: pourraient convention du danger vise a cet alinea a)la notification securite et a la sante; b)la participation de travailleurs c)si necessaire, a la recherche la participation d'une solution; aider a la recherche du salaire d)le maintien taches d'autres d'une solution; appropriees; a tout travailleur representants confirrnes de l'employeur et de delegues des d'un representant de l'autorite competente pour le travailleur et, s'il y a lieu, son affectation pour a e)la notification auquel ii est demande d'effectuer du fait qu'un autre travailleur a refuse un travail et d'y travailler dans la zone en question des raisons du refus.
11 28.Pursuant to Article 13, paragraph 2, of the Convention, of safety and health representatives should include, where appropriate, the rights the right: (a)to appropriate training during as safety working time, without and health loss of pay, on their and on safety representatives and rights health and functions matters; (b)of access to appropriate facilities necessary to perform their functions; (c)to receive their their functions forming and per­ normal pay for all time spent exercising their rights as safety and health and representatives; ( d)to assist because and advise they believe who have removed or health themselves has been endangered.
from a workplace their safety workers 29.Safety able notice health representatives and health to the employer as provided should, of their intention for in Article where appropriate, give reason­ and safety or investigate of the Convention.

to monitor 13, paragraph 2(b )(ii), matters, 30.


(1) All persons should have a duty to: (a)refrain from arbitrarily changing disconnecting, or removing and buildings; and appliances, tools, plant equipment, devices safety fitted to machinery, (b)use such safety correctly.

devices should (2)Employers have a duty to provide workers them to comply with the duties with appropriate described train­ in ing and instructions subparagraph (1) above.

so as to enable IV.
CooPERATION cooperation as provided for in Article 15 of the with equal representation of cooperative mechanisms, of employers as may be prescribed, such as safety and workers and health com­ such and having joint powers to conduct including to encourage 31.Measures include: should Convention (a)the establishment mittees, powers and functions inspections; (b)the appointment to promote persons (c)the training ( d)the provision by the employer and health; and their safety safety of ongoing of workers safety of suitably qualified and experienced and health representatives; and health awareness programmes for workers; (e)the ongoing mines; (f) the exchange of information and experience on safety and health in consultation safety of workers and health establishing and their representatives in and procedures; policy by the employer and (g)the inclusion, of accidents Convention.
by the employer, of workers' representatives in the investigation and dangerous occurrences, as provided for in Article lO(d) of the V. OTHER PROVISIONS 32.There should rights provided by national be no discrimination or retaliation against laws and regulations or agreed upon by the any worker who workers and their representatives.

exercises employers, 33.Due regard surrounding include water, itation the control air or soil, of mine sites.
should environment be given to the possible and on the safety of mining In particula on the r, this should activity impact of subsidence, vibration, harmful contaminants of waste tips and the rehabil­ in the the safe and effective management of the public.
fly-rock, The foregoing is the authentic text of the Recommendation which was held at Geneva and declared duly adopted during its Labour Organization closed the by of the International Conference the General Session Eighty-second day of June 1995. twenty-second IN FAITH WHEREOF we have appended our signatures this twenty-third day of June 1995 .

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International Conference internationale Labour Conference du Travail PROTOCOL PROTOCOL OF 1995 TO THE LABOUR INSPECTION CONVENTION, 1947 (No.
81) ADOPTED BY THE CONFERENCE AT ITS EIGHTY-SECOND SESSION, GENEVA, 22 JUNE 1995 PROTOCOLE PROTOCOLE DE 1995 RELATIF A LA CONVENTION (N" 81) SUR L'INSPECTION ADOPTE PAR LA CONFERENCE A SA DU TRAVAIL, 1947, QUATRE-VINGT-DEUXIEME SESSION, GENEVE, 22 JUIN 1995 AUTHENTIC TEXT TEXTE AUTHENTIQUE PROTOCOL OF 1995 TO THE LABOUR INSPECTION CONVENTION, 1947 The General Havit).g �een convened Conference Labour Office and having and Noting that the provisions of the International Labour Organization, at Geneva by the Governing Body of the International Sessioff met in its Eighty-second on 6)une 1995, only to industrial and commercial workplaces, and of the Labour Inspection Convention, 1947, apply Noting that the provisions 1969, apply to workplaces undertakings, and of the Labour Inspection (Agriculture) and non-commercial Convention, agricultural in commercial Noting that the provisions 1981, apply to all branches and Safety and Health of the Occupational y, including of economic Convention, service, the public activit to all the risks to which workers Having regard sector the same or an equally that provided may be exposed, and the need to ensure effective and impartial system Convention, that this sector of labour 1947, and in the Labour Inspection to is subject as inspection in the non-commercial services proposals with regard to activities which is the sixth item on the agenda Having decided upon the adoption l services of certain sector, in the non-commercia and of the session, Having determined that these proposals Convention, the Labour Inspection this twenty-second adopts the following ninety-five the Labour Inspection day of June of the year one thousand which may be cited as the Protocol Protocol, 1947: Convention, and nine hundred of 1995 to 1947, shall take the form of a Protocol to PART I.
SCOPE, DEFINITION AND APPLICATION I Article 1.Each Member which ratifies provisions "the Convention"), this Protocol of the Labour Inspection Convention, 1947 (hereunder sector.

services in the non-commercial to activities shall extend of the to as referred the application 2.The term "activities in the non-commercial services sector" refers to of workplaces that are not considered as industrial or activities in all commercial categories for the purposes 3.This Protocol applies scope of the Convention.
of the Convention.
to all workplaces that do not already fall within the 2 Article 1.A Member which ratifies this Protocol may, by a declaration appended to its exclude of ratification, wholly or partly from its scope the following instrument categories: (a)essential {b) the armed services, (c)the police (d)prison services, national and other public whether whether prison ( federal) government administration; military security or civilian services; staff or prisoners personnel; when performing work, to any of these categories would raise special if the application problems of the Convention of a substantial nature.
2.Before the Member avails it shall consult the in the absence workers concerned.

most representative of such organizations, of the possibility organizations the representatives 1, in paragraph and workers or, and of the employers afforded of employers itself 'l is a true The text of the Protocol as here presented of copy of the te� authenticated.

the President ence and of the Director-Genellll national of the Intematipnal Labour Office.

Labour Confer-· of the Inter­ by the signatures .


exacte Pr6sident et du Directeur Travail.
de la Conference g6n6ral Le texte du protocole present6 du texte .authentiqu6 ici est une copie par les signatures du du Travail du internationale du Bureau international Certified true and complete Copie certifiee conforme copy, et complete, 8 For the Director-General Pour le Directeur of the International du Bureau international general Labour qffi.ce: du Travail: is the auth�ntic text of the Protocol The foregoing GenePBI Conference Eighty-second twenty-second �ssion which was day of June 1995. of the International by the its Labour Organization during duly adopted held at Geneva and declared closed the IN FAITH WHEREOF we have appended our signatures this twenty-third day of June 1995 .