U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

69–118

" ! SENATE 106TH CONGRESS

1st Session

TREATY DOC.

1999

106–8

CONVENTION (NO. 176) CONCERNING SAFETY AND

HEALTH IN MINES

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

CONVENTION (NO. 176) CONCERNING SAFETY AND HEALTH IN

MINES, ADOPTED BY THE INTERNATIONAL LABOR CONFERENCE

AT ITS 82ND SESSION IN GENEVA ON JUNE 22, 1995

SEPTEMBER 9, 1999.—Convention was read the first time, and together

with the accompanying papers, referred to the Committee on Foreign

Relations and ordered to be printed for the use of the Senate

(III)

LETTER OF TRANSMITTAL

THE WHITE HOUSE, September 9, 1999.

To the Senate of the United States:

With a view to receiving the advice and consent of the Senate to

ratification of the Convention (No. 176) Concerning Safety and

Health in Mines, adopted by the International Labor Conference at

its 82nd Session in Geneva on June 22, 1995, I transmit herewith

a certified copy of that Convention.

The report of the Department of State, with a letter from the

Secretary of Labor, concerning the Convention is enclosed.

As explained more fully in the enclosed letter from the Secretary

of Labor, current United States law and practice fully satisfies the

requirements of Convention No. 176. Ratification of this Convention, therefore, would not require the United States to alter in any

way its law or practice in this field.

Ratification of additional ILO conventions will enhance the ability of the United States to take other governments to task for failing to comply with the ILO instruments they have ratified. I recommend that the Senate give its advice and consent to the ratification of ILO Convention No. 176.

WILLIAM J. CLINTON.

(V)

LETTER OF SUBMITTAL

DEPARTMENT OF STATE,

Washington, July 6, 1999.

The PRESIDENT,

The White House.

THE PRESIDENT: I have the honor to submit to you, with the recommendation that it be transmitted to the Senate for advice and

consent to ratification, a certified copy of the Convention (No. 176)

Concerning Safety and Health in Mines, adopted by the International Labor Conference at its 82nd Session in Geneva on June

22, 1995.

In general, the Convention obligates ratifying countries to formulate, carry out and periodically review a coherent policy on safety

and health in mines. The Secretary of Labor, in her enclosed letter

of June 15, 1999, provides additional details concerning the Convention. As she notes, ratification of Convention No. 176 will be an

important step in terms of U.S. participation in the ILO. All interested departments and agencies concur in that view.

I am pleased to join with the Secretary of Labor in recommending that the Convention be transmitted to the Senate for advice and consent to ratification, a step which is consistent with our

policy of support for and active participation in the work of the

ILO.

Respectfully submitted,

STROBE TALBOT.

(VII)

U.S. DEPARTMENT OF LABOR,

SECRETARY OF LABOR,

Washington, DC, June 15, 1999.

Hon. MADELEINE ALBRIGHT,

Secretary of State,

Department of State, Washington, DC.

DEAR SECRETARY ALBRIGHT: I am writing to request that you

submit to the President, for transmittal to the Senate with a request for advice and consent to U.S. ratification, Convention No.

176 concerning Safety and Health in Mines, adopted by the International Labor Conference at its 82nd Session on June 22, 1995.

Convention No. 176 obligates ratifying states, in consultation

with employers’ and workers’ organizations, to formulate, carry out

and periodically review a coherent policy on safety and health in

mines, and to develop national laws and regulations to ensure implementation of the Convention’s provisions. Steps to be taken include supervision and inspection of mines and maintenance of procedures for reporting and investigating accidents and occupational

diseases. The Convention applies to all mines, both surface and underground sites. In regard to preventive and protective measures at

the mine, the instrument sets forth the responsibilities of employers and the rights and duties of workers and their representatives.

As Chairman of the President’s Committee on the ILO, I have

been presented with the report of our Tripartite Advisory Panel on

International Labor Standards (TAPILS) with the Panel’s conclusions that there are no legal impediments to U.S. ratification of

Convention No. 176.

TAPILS undertook an extensive review of Convention No. 176

which included a detailed examination of the precise meaning and

obligations of the Convention and of how U.S. law and practice

comport with its provisions. A tripartite working group from the

Panel also met and corresponded with experts from the International Labor Office in Geneva, Switzerland, to ensure that the

ILO shared TAPILS’ assessment that the U.S. is in full compliance

with the Convention.

Having reviewed TAPILS’ legal findings, the President’s Committee has unanimously agreed to recommend that the President

transmit Convention No. 176 to the Senate with a request for advice and consent to ratification.

I am enclosing the TAPILS report along with a detailed statement of how U.S. law and practice comport with the Convention.

The law and practice statement was also prepared under TAPILS’

guidance.

I and the other members of the President’s Committee believe

that ratification of Convention No. 176 will be an important step
VIII

in terms of U.S. participation in the ILO. I hope that Senate consideration can be requested as expeditiously as possible.

Sincerely,

ALEXIS M. HERMAN.

Enclosures.
(1)
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