SAFETY AND HEALTH IN MINES CONVENTION, 1995.

7.3: LABOUR LAWS – I

Submitted by:
Vedant Datey
UID No.UG2016-59
4th Year - 7th Semester

Submitted to:
Dr. Anirban Chakraborty, Associate Professor of Law.

Academic Year: 2019-20

MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR.

 BACKGROUND –

Safety and Health in Mines Convention, 1995 is an International Labour Organization

Convention. It was adopted at the 82nd International Labour Conference (ILC) of the
International Labour Organization (ILO). The ILO is an agency under the United Nations that
deals with international labour issues while promoting worker’s rights and opportunities. One
of ILO's goals is to hold annual labour conventions to create legally binding contracts for
participating nations to ratify. During the Safety and Health in Mines Convention (C176), it
was recognized that there are inherent hazards in the mining workplace, and a need for a
convention was mandatory1.
The outcome of the Convention is that miner's health and safety is upheld and
monitored through various actions involving the mining workplace. The responsible parties
would be the government and employer of the countries that ratified the Convention. The laws
outlined in the Convention ensure the health and safety of miners. The ILO adopted the
Convention on June 22, 1995.
As of the end of 2015, 31 nations have ratified the Convention. The ILO requires any
nation that ratifies a convention to be legally bound to its rules. Because ratifying the
convention is optional, many prominent mining nations (including those notorious for mining
incidents) have chosen not to participate.
But India is not party to the convention as it has still not ratified the convention.
Before the Safety and Health in Mines Convention, there were numerous other
conventions that were slightly relevant to health and safety in the mines such as The Safety and
Health in Construction Convention and Recommendation, The Prevention of Major Industrial
Accidents Convention and Recommendation, and The Medical Examination of Young Persons
(Underground Work) Convention. However, despite the many conventions that were relevant,
there were not enough laws and conditions specifically laid out for miner's health and safety.
Therefore, the Safety and Health in Mines Convention was created2.

OBJECT –

Due to the hazardous conditions of the mining workplace, the Governing Body of the ILO
recognized the need for a convention regarding the health and safety of miners. The ILO
wanted to prevent fatalities, injuries and environmental damage as a result of mining.

1
Nebehay, Stephanie. "Fatalities Go Unrecorded in Mining Industry: Experts". Last visited on 13/10/19.
2
"C176 - Safety and Health in Mines Convention, 1995 (No. 176)". International Labour Organization.

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 The goal of the Convention is to create a standard that can be used for any ratifying
nations to promote the health and safety of miners. It supports the notion for countries to create
the proper agencies to regulate the safety and health of miner's and implement standards.
However, many prominent mining countries have yet to ratify the Convention. In addition,
many ratifying nations differ in the amount of effort put into the relevant agencies.
Currently there are five main developed countries that are prominent in the mining
industry. Only two of these five have ratified the Convention (The United States and Germany).
There are a number of developing nations that also largely partake in mining. Despite this, only
a fraction have signed the Convention. China, the world’s leading coal producer, has yet to
ratify the Convention. China also has the most dangerous track record of miner's health and
safety (based on number of fatalities).
Apart from the countries that haven't ratified it, the effectiveness of the Convention
relies on the strictness of the government. The ratifying nations are ultimately responsible for
creating the relevant agencies and enforcing the standards laid out in the Convention3.

THE PROVISIONS. PROCEDURES AND PRINCIPLES INVOLVED IN THE

CONVENTION –

The Convention applies to all mines. However, the competent national authority may,
after consultations with the most representative organizations of employers and workers
concerned, exclude certain categories of mines if the overall protection afforded at these mines
under national law and practice is not inferior to that which would result from the full
application of the provisions of the Convention.
Each State which ratifies the Convention, after consultations with the most
representative organizations of employers and workers concerned, has to formulate, carry out
and periodically review a coherent policy on safety and health in mines.
The measures for ensuring application of the Convention have to be prescribed by
national laws and regulations, where appropriate supplemented by:
• technical standards, guidelines or codes of practice; or
• other means of application consistent with national practice.
National laws and regulations must designate the competent authority that is to monitor
and regulate the various aspects of safety and health in mines.

3
Mischner, Sara and Rothfeld, Paula (2009). "It's About Time: A Proposal to Establish a Specialized International
Agency for Coalminer Safety and Health". Hofstra Labor and Employment Law Journal. Last visited on 13/10/19.

2
 They have to provide for:
• the supervision of safety and health in mines and their inspection;
• the procedures for reporting and investigating accidents, dangerous occurrences and
mine disasters;
• the compilation and publication of statistics on accidents, occupational diseases and
dangerous occurrences;
• the power of the competent authority to suspend or restrict mining activities on safety
and health grounds;
• the establishment of procedures for the consultation of workers and their
representatives.
They have to provide that the manufacture, storage, transport and use of explosives and
initiating devices at the mine must be carried out by or under the direct supervision of
competent and authorized persons.
National laws and regulations have to specify:
• requirements relating to mine rescue, first aid and appropriate medical facilities;
• an obligation to provide adequate self-rescue respiratory devices for workers in
underground coalmines.
Finally, they have to provide that the employer in charge of the mine must ensure that
appropriate plans of workings are prepared before the start of operation and that they are
brought up to date periodically and kept available at the mine site.
Employers have to:
• assess, eliminate, control or minimize the risk;
• provide for the use of personal protective equipment in so far as the risk remains;
• prepare an emergency response plan specific to each mine;
• provide information and training to workers on safety and health;
• provide workers who have suffered from an injury or illness at the workplace with first
aid and access to appropriate medical facilities;
• ensure that all accidents and dangerous occurrences are investigated and appropriate
remedial action is taken;
• ensure the provision of regular health surveillance of workers exposed to occupational
health hazards specific to mining.

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 Workers must have the right to:
• report accidents and hazards to the employer and to the competent authority;
• request inspections and investigations to be conducted by the employer and the
competent authority where there is cause for concern on safety and health grounds;
• know workplace hazards that may affect their safety or health;
• remove themselves from any location at the mine when circumstances arise which
appear, with reasonable justification, to pose a serious danger to their safety or health;
• collectively select safety and health representatives.
Workers’ safety and health delegates must be afforded the right to:
• represent workers on all aspects of workplace safety and health;
• participate in inspections and investigations conducted by the employer and by the
competent authority at the workplace;
• have recourse to advisers and independent experts;
• consult with the employer and the competent authority in a timely fashion on safety and
health matters;
• receive notice of accidents and dangerous occurrences.
Workers have the duty to:
• comply with prescribed safety and health measures;
• take reasonable care for their own safety and health and that of other persons who may
be affected by their acts or omissions;
• report forthwith to their immediate supervisor any situation presenting a risk to their
safety or health or that of other persons;
• cooperate with employers to permit compliance with their duties.
Measures have to be taken to encourage cooperation between employers and workers and
their representatives to promote safety and health in mines.
Therefore in short the document consists of 24 articles contained within 5 parts, preceded
by a preamble.
 Preamble: Recognizes the dangerous conditions in the world's mines, and notes
multiple conventions that contain relevant laws in context with miners health and
safety.
 Part 1: Definitions. One article states a clear definition for the terms mine and employer.
 Part 2: Scope and Means of Application. Four articles lay out who is responsible for
upholding the Convention in ratifying countries.

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  Part 3: Preventative and Protective Measures At The Mine. This is divided into three
sections, discussing the employers and workers duty to safety and health in mines.
o Section A: Responsibilities of Employers. Seven articles state what the
employer must do to minimize hazards and what to do in the event of one.
o Section B: Rights And Duties of Workers and Their Representatives. Two
articles discuss worker’s rights and their duty to comply with safety regulations.
o Section C: Cooperation. One article states the responsibility that miners and
their employers have to work together to achieve health and safety in mines.
 Part 4: Implementation. One article discusses the government's requirement to provide
inspection services and institute penalties for non-complying mines.
 Part 5: Final Provisions. Eight articles describe the legality of ratifying the Convention,
as well as how to denounce it.

THE CONVENTION'S SIGNIFICANCE IN PROMOTING LABOUR WELFARE –

Mining safety has always been a large issue in the overall working industry as numerous
fatalities occur each year. As a result of the workplace being underground, the threat of harmful
gases being trapped in the workplace is present. Additionally, if any miner were to become
trapped due to a cave-in, the extraction process can be extremely difficult and hazardous. There
is also a risk of having a secondary collapse since the necessary infrastructure to support the
new topography would not be in place after an initial collapse. This would result in additional
trapped miners and rescue workers. Since miners are trapped in pockets of rock, the risk of an
explosion and oxygen deprivation is high4.
As of 2001, more than 30 million people were employed in the mining industry. Despite
that being only 1% of the world's workforce, mining holds over 8% of workplace fatalities5.
These statistics concerned the ILO, forcing them to hold a convention in order to decrease these
statistics.
The Convention makes governments responsible for creating the implementation
framework, and employers responsible for ensuring mine safety. But the most important aspect
of C176 is the right of workers to participate in workplace safety via independent safety
representation, and the right to refuse unsafe work. This gives unions space to organize.

4
Mischner, Sara and Rothfeld, Paula (2009). "It's About Time: A Proposal to Establish a Specialized International
Agency for CoalMiner Safety and Health". ofstra Labor and Employment Law Journal.
5
Administration of William J. Clinton (September 9, 1999). (Speech). Message to the Senate Transmitting the
Convention Concerning Safety and Health in Mines. Washington, D.C.

5
And yet it has still only been ratified by 31 countries. Some of the countries with the worst
safety records – including Pakistan, China and Chile – have not ratified the Convention.
Major multinational corporations like Glencore and RioTinto – which should be
industry leaders in creating a safety culture – are doing far too little to prevent fatal accidents.
And the situation won’t get better by itself: the global commodities crisis means mining profits
are under threat, and safety is often the first casualty when costs are cut.
Mining is a dangerous job, and signing a piece of paper is not, on its own, enough to
change things. The Convention needs to be implemented, which means creating a legislative
and regulatory framework, including inspection and enforcement mechanisms at country level
to ensure that mines are as safe as possible.
In 2014, 301 miners were killed in the tragic industrial homicide at Soma, in Turkey.
To highlight the disrespect the company felt towards its workforce, their colleagues were
sacked by text message as the mine closed. But after a strong union campaign lead by all
industry, Turkey ratified the Convention6.
This is the first step to ensuring that accidents like this, based on greed and negligence
never happen again. Turkey’s mine safety record is terrible, and our unions will need to work
hard to ensure that the implementation changes things.
Mining will always be a dangerous job, but it can be made significantly safer.

WHETHER IT IS PART OF INDIAN LABOUR JURISPRUDENCE AND ITS

IMPACT IN INDIA –

It is not as such the part of Indian labour jurisprudence because it as it is still not ratified
by India but some issues which are dealt in the convention can also be seen in the Indian
legislations as mainly the problems faced by the miners are common all over the world.
Health and safety of the employees is an important aspect of a company's smooth and
successful functioning. It is a decisive factor in organizational effectiveness. It ensures an
accident-free industrial environment. Companies must attach the same importance towards
achieving high OH &S7 performance as they do to the other key objectives of their business
activities. This is because, proper attention to the safety and welfare of the employees can yield
valuable returns to a company by improving employee morale, reducing absenteeism and

6
Mine safety: It’s time to ratify ILO Convention 176, available at http://www.industriall-union.org/mine-safety-
its-time-to-ratify-ilo-convention-176, last visited 15/10/19.
7
https://archive.india.gov.in/business/legal_aspects/occupational.php, last visited on 16/10/19.

6
enhancing productivity, minimizing potential of work-related injuries and illnesses and
increasing the quality of manufactured products and/ or rendered services.
The Constitution of India has also specified provisions for ensuring occupational health
and safety for workers in the form of three Articles i.e. 24, 39(e and f) and 42. The regulation
of labour and safety in mines and oil fields is under the Union list. While the welfare of labour
including conditions of work, provident funds, employers' invalidity and old age pension and
maternity benefit are in the Concurrent list.
The Ministry of Labour , Government of India and Labour Departments of the States
and Union Territories are responsible for safety and health of workers. Directorate General of
Mines Safety (DGMS) and Directorate General Factory Advice Services & Labour Institutes
(DGFASLI) assist the Ministry in technical aspects of occupational safety and health in mines
and factories & ports sectors, respectively.
DGMS exercises preventive as well as educational influence over the mining industry.
Its mission is the reduction in risks of occupational diseases and casualty to persons employed
in mines, by drafting appropriate legislation and setting standards and through a variety of
promotional initiatives and awareness programmes. It undertakes inspection of mines,
investigation of all fatal accidents, grant of statutory permission, exemptions and relaxations
in respect of various mining operation, approval of mines safety equipment, appliances and
material, conduct examinations for grant of statutory competency certificate, safety
promotional incentives including organization of national awards and national safety
conference, etc.
Mines Act, 1952-
 It contains provisions for measures relating to the health, safety and welfare of workers
in the coal, metalliferous and oil mines.
 The Mines Act, 1952, prescribed duties of the owner (defined as the proprietor, lessee
or an agent) to manage mines and mining operation and the health and safety in mines.
It also prescribes the number of working hours in mines, the minimum wage rates, and
other related matters.
 Directorate General of Mines Safety conducts inspections and inquiries, issues
competency tests for the purpose of appointment to various posts in the mines,
organises seminars/conferences on various aspects of safety of workers.
 Courts of Inquiry are set up by the Central Government to investigate into the accidents,
which result in the death of 10 or above miners. Both penal and pecuniary punishments
are prescribed for contravention of obligation and duties under the Act.

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 BIBLIOGRAPHY –

 https://www.ilo.org › dyn › normlex/C-176.

 https://en.wikipedia.org › wiki › Safety_and_Health_in_Mines_Convention.
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 https://www.unece.org › DAM › energy › coal › cmm › Hahn_ILO.
 www.industriall-union.org › ilo-convention-176-is-key-for-the-mining-industry.
 https://www.researchgate.net › publication › 303179732_The_ILO's_Safety_In_Mines.
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 https://www.sciencedirect.com/science/article/pii/S2093791116302062.
 planningcommission.nic.in › committee › wrkgrp12 › wg_occup_safety.
 www.dgfasli.nic.in › Nat-OSH-India-Draft.
 https://mines.gov.in/writereaddata/UploadFile/NIMH_more.pdf.
 http://isid.org.in/pdf/DN1204.pdf.