Safety and Health in Mines Convention, 1995

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Safety and Health in Mines Convention, 1995
C176
ILO Convention
Date of adoption22 June, 1995
Date in force5 June, 1998
ClassificationIndustries and Occupations
SubjectOccupational Safety and Health (OSH)
Previous Part-Time Work Convention, 1994
Next Home Work Convention, 1996

The Safety and Health in Mines Convention, 1995 is an International Labor Organization Convention adopted at the 82nd International Labor Conference (ILC). The convention (C176) was developed and adopted to better recognize the inherent hazards of the mining workplace and the necessity of addressing these hazards on a global scale. [1]

Contents

The convention aims to safeguard and oversee miners' Occupational Safety and Health (OSH). By ratification, the governments and employers of the countries involved were to be responsible for safety. This agreement was officially adopted by the International Labor Organization on June 22, 1995. [2]

As of June 2024, 35 nations have ratified this Convention. [3]

Needs for new international mining regulation

The entrance to a coal mine in Ales, France. A large risk for miners is the possibility of cave-ins. The convention outlines guidelines to reduce the risk of these disasters from occurring. Underground mine Ales 3.jpg
The entrance to a coal mine in Alès, France. A large risk for miners is the possibility of cave-ins. The convention outlines guidelines to reduce the risk of these disasters from occurring.

Due to the hazardous conditions that are present in mines, the governing body of the International Labor Organization (ILO) expressed the need for a convention regarding the health and safety of miners. The ILO wanted to prevent fatalities, injuries and environmental damage which resulted from unsafe mining. [4]

Hazards in the mining industry

Mining safety is significant due to the numerous accidents that occur annually. The underground nature of the workplace often exposes workers to numerous hazards, such as harmful gases, falling debris, limited visibility, and uneven/dangerous terrain. Additionally, miners can become trapped during cave-ins, with the extraction and rescue process being both complicated and hazardous. Cave-ins pose a risk of secondary collapses since the necessary infrastructure to support the new topography would not be in place after an initial collapse, often trapping additional miners and rescue workers. When miners are trapped in rock pockets, the risks of explosions and oxygen deprivation are high. [5]

As of 2001, over 30 million people were employed in the mining industry. Despite comprising only 1% of the world's workforce, mining accounted for over 8% of total workplace fatalities. [6]

The 29 Current Ratifying Countries of the Safety and Health in Mines Convention Health and Safety Mining Convention.jpg
The 29 Current Ratifying Countries of the Safety and Health in Mines Convention

Relevant pre-existing conventions

Before the Safety and Health in Mines Convention, there were numerous other conventions that were 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. These conventions, however, were insufficient in protecting the health and safety of miners, which made the development of a new, more thorough, and worker-focused convention necessary. Thus, the Safety and Health in Mines Convention was developed. [7]

Articles of the Convention

The document consists of 24 articles contained within 5 parts, preceded by a preamble.

In Article 19 of Part 5, the process of denouncing the Convention is laid out. Countries are allowed to denounce the Convention only under certain circumstances. The article states that a country may denounce the Convention ten years after the Convention first came into force (in 1998). No countries have denounced the Convention yet. [9]

Ratification in the United States

The 42nd President of the United States, Bill Clinton, signed the Convention on January 5, 2001, with guidance from the Secretary of Labor, Alexis Herman. The United States was the 16th country to ratify the Convention. [10]

United States mining regulation prior to the Convention

Mining personnel are shown demonstrating rescue equipment to MSHA inspectors. These inspections are required under both the U.S. Mine Act and the Convention. Msha.jpg
Mining personnel are shown demonstrating rescue equipment to MSHA inspectors. These inspections are required under both the U.S. Mine Act and the Convention.

Since the Convention contains laws enforceable by the government, the United States would be held accountable for all the laws within it. However, the United States already enforces many laws relevant to the Convention. The Department of Labor has a division applicable to miners. This division, the Mine Safety and Health Administration (MSHA), has been an agency with a mission to promote a safe and healthy workplace for miners by preventing injury and disease since 1977. The main method of doing this is by enforcing the Federal Mine Safety and Health Act of 1977, known as the Mine Act. The Mine Act sets various standards intended to reduce fatal accidents and minimize health hazards. Having the MSHA inspect every American mine accomplishes a part of the Mine Act. Additionally, the MSHA handles all accident reporting and safety issues from miners. [11] The disease black lung, which largely affects miners, is being addressed by the MSHA in hopes of reducing its prevalence in the United States. Similarly, the laws outlined in the Convention aim to lower the number of individuals with diseases obtained from the mining workplace. [12]

Overlap with the Mine Act

As a result of the already-implemented MSHA and the Mine Act in the United States, it was not clear whether or not the Convention ratification would have a large impact on the various mining health and safety laws. A tripartite panel consisting of representatives covering American government, labor and business was held. They compared the laws from the Convention and the laws set in place by the Mine Safety and Health Act of 1977. They concluded that the Convention could be signed by the president and ratified without the introduction of any new laws. This was due to the MSHA already enforcing all of the laws stated within the Convention. [13]

Bill Clinton signing the Convention in 2001

Even though the ratification would not introduce any new laws, Bill Clinton signed the Convention in 2001. [14] It is believed that the United States has an interest in holding other countries accountable for miners' health and safety. By ratifying the Convention, the United States could reach out to other countries for failing to enforce the applicable laws, which would hold other nations accountable. [15] In addition, the ratification helped make the United States mining industry more competitive in the global economy. (i.e., a coal buyer only interested in doing business with mines that had the Convention signed, whether on the basis of ethicality or legality, could lose business prior to the semantic ratification for American mines.)

Ratification in Turkey

Rescue efforts after the Soma mining disaster Soma mine disaster12.JPG
Rescue efforts after the Soma mining disaster

Soma mine disaster

At least 301 miners were killed in Soma, Turkey, after an explosion sent poisonous gasses throughout the mine. More than 100 workers survived the explosion and subsequent gas explosion but were killed as a result of the mine collapsing onto them. The backlash against the government and the mine's operator was strong, and the general manager and the operations manager were held on suspicion of neglect, which had caused numerous deaths. During the Soma disaster, a commission from the International Labor Organization was sent to discuss miners' health and safety with Turkish officials. The Turkish Labor minister, Faruk Çelik, claimed that strict laws were already in place in Turkey. In addition, Turkey claimed to be in full compliance with European Union standards and had laws even more advanced than the ILO Convention. [16]

IndustriALL's push for ratification

IndustriALL, a global union that represents 50 million workers from 146 countries, urged Turkey to swiftly ratify the Convention following the Soma disaster. One of their goals as a global union is to make the world's mines safer. They claim that the best way to accomplish this is by having countries ratify the Convention and fully implement the laws and safety regulations contained within it. In addition, they state that the first priority of mining is to promote the safety and well-being of miners. They also state that favoring profit first should be considered intolerable criminal behavior. [17]

Turkish Parliament approves the Convention

Following the Soma disaster, debates occurred in Turkey as to whether or not the government was protecting its miners from such disasters. Turkey was largely hesitant to begin ratification processes due to employer backlash over the cost of upholding the Convention's rules and regulations. In the end, the Turkish Grand National Assembly decided to formally adopt the Convention on December 4, 2014. Turkey's notice of ratification of the treaty was deposited on March 23, 2015.

However, this has not been a perfect resolution. Many employers are unable to cover the cost of the resulting changes, resulting in many mining companies reducing their workforce and closing down mines. [18]

Preventing Black Lung disease

Pneumoconiosis (also known as Black Lung or Miners' Lung) is an illness prevalent in the mining industry caused by prolonged exposure to mine dust, which can lead to respiratory failure and death. From 1968 to 2009, it was a contributor or underlying cause of death for over 73,800 worker deaths in the United States.[ citation needed ]. [19] The United States Federal government has paid 45 billion dollars in compensation to miners and their dependents affected by the illness.

A large fan is shown blowing fresh air into a mine near Richlands, Virginia. Such equipment is required under the Convention and reduces the incidence of black lung in miners. LARGE FAN EQUIPMENT USED TO BLOW FRESH AIR INTO VIRGINIA-POCAHONTAS COAL COMPANY MINE ^2 NEAR RICHLANDS, VIRGINIA IT... - NARA - 556402.jpg
A large fan is shown blowing fresh air into a mine near Richlands, Virginia. Such equipment is required under the Convention and reduces the incidence of black lung in miners.

Despite this, with modern safety measures, pneumoconiosis is easily preventable, and a properly ventilated mine equipped with modern tools presents a significantly lower risk to the contraction of the disease. [20] These measures, introduced following United States ratification of the Convention, have nearly eliminated Pneumoconiosis in the US. Whereas in China, where the Convention has not been ratified, pneumoconiosis remains prevalent: with 750,000 reported cases in 2013 and potentially many more unreported cases due to lax mining regulations [21]

Article 7 of the Convention requires employers to take measures to minimize the risk of disease. This includes having good ventilation in all locations of the mine in which miners come in contact with. The Convention also requires that the working environment be monitored for hazards that can induce disease. Finally, Article 5 requires that countries publish statistics on occupational disease (including black lung). [22]

Issues with the Convention

A coal miner working in Xingtai, China. China is the world's leader in coal production. Coal Miner.JPG
A coal miner working in Xingtai, China. China is the world's leader in coal production.

The goal of the Convention is to create a set of standards to promote the health and safety of miners, however, many prominent mining countries have yet to ratify the Convention. Furthermore, nations that have ratified the convention differ in the amount of effort put into the relevant agencies.

Of the five industrialized nations that dominate the mining industry, only two have ratified the Convention (the United States and Germany), and only a fraction of developing countries with large mining sectors have signed at the Convention. China, the world's leading coal producer, has yet to ratify the Convention.

Apart from the countries that have not ratified it, The effectiveness of the Convention relies on the diligence of the governments, and nations that have ratified the Convention are ultimately responsible for creating the relevant agencies and enforcing the standards laid out in the Convention. [23]

European Union strengthening of the Convention

In 2008, the European Commission released a Recommendation for all EU members to ratify recent conventions from the ILO, including Convention 176. Similar to the United States, many EU member states have laws already in place that would match or, in some cases, surpass the laws laid out in the Convention. However, the Recommendations laid out by the Commission did not just ask for the ratification of the various conventions. The Commission recognized the notion that governments can ratify but not enforce the Convention. Therefore, it asked for convention rules to be strengthened and ensured that a supervisory system was in place to monitor the effectiveness of convention enforcement. The recommendation was released despite opposition from some EU nations claiming that the funding to the ILO should be lowered or, in some cases, dropped. [24]

The ILO project in Ukraine was implemented between May 1, 2017 and March 31, 2020. Its aim is to increase mine safety and the health of miners by introducing and enhancing modern occupational safety and health (OSH) policies. Given its policy implications, the project has increased social partners' awareness of the need to take steps to improve occupational safety, prevent work accidents, and fully implement health protection measures. [25]

Ratifications

As of November 2022, 34 countries have ratified the convention.

CountryRatification dateStatus
Flag of Albania.svg  Albania March 3, 2003Ratified
Flag of Armenia.svg  Armenia April 27, 1999Ratified
Flag of Austria.svg  Austria May 26, 1999Ratified
Flag of Belarus.svg  Belarus February 13, 2020Ratified
Flag of Belgium (civil).svg  Belgium October 2, 2012Ratified
Flag of Bosnia and Herzegovina.svg  Bosnia and Herzegovina January 18, 2010Ratified
Flag of Botswana.svg  Botswana June 5, 1997Ratified
Flag of Brazil.svg  Brazil May 18, 2006Ratified
Flag of Chile.svg  Chile June 14, 2024Ratified
Flag of the Czech Republic.svg  Czech Republic October 9, 2000Ratified
Flag of Finland.svg  Finland June 9, 1997Ratified
Flag of Germany.svg  Germany September 6, 1998Ratified
Flag of Guinea.svg  Guinea April 25, 2017Ratified
Flag of Ireland.svg  Ireland June 9, 1998Ratified
Flag of Lebanon.svg  Lebanon February 23, 2000Ratified
Flag of Luxembourg.svg  Luxembourg April 8, 2008Ratified
Flag of Mongolia.svg  Mongolia November 26, 2015Ratified
Flag of Morocco.svg  Morocco June 4, 2013Ratified
Flag of Mozambique.svg  Mozambique June 14, 2018Ratified
Flag of Norway.svg  Norway June 11, 1999Ratified
Flag of Peru.svg  Peru June 19, 2008Ratified
Flag of the Philippines.svg  Philippines February 27, 1998Ratified
Flag of Poland.svg  Poland June 25, 2001Ratified
Flag of Portugal.svg  Portugal March 25, 2002Ratified
Flag of Russia.svg  Russia July 19, 2013Ratified
Flag of Slovakia.svg  Slovakia June 3, 1998Ratified
Flag of South Africa.svg  South Africa June 9, 2000Ratified
Flag of Spain.svg  Spain May 22, 1997Ratified
Flag of Sweden.svg  Sweden June 9, 1997Ratified
Flag of Turkey.svg  Turkey March 23, 2015Ratified
Flag of Ukraine.svg  Ukraine June 15, 2011Ratified
Flag of the United States.svg  United States February 9, 2001Ratified
Flag of Uruguay.svg  Uruguay June 5, 2014Ratified
Flag of Zambia.svg  Zambia January 4, 1999Ratified
Flag of Zimbabwe.svg  Zimbabwe April 9, 2003Ratified

See also

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References

  1. ↑ Nebehay, Stephanie (11 October 2010). "Fatalities Go Unrecorded in Mining Industry: experts". Reuters. Retrieved 4 July 2024.
  2. ↑ "C176 - Safety and Health in Mines Convention, 1995 (No. 176)". normlex.ilo.org. 22 June 1995. Retrieved 22 June 2024.
  3. ↑ "Ratifications of C176-Safety and Health in Mines Convention, 1995 (No. 176)" . Retrieved 18 June 2024.
  4. ↑ "C176 - Safety and Health in Mines Convention, 1995 (No. 176)". International Labour Organization. Retrieved 12 December 2014.
  5. ↑ 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. 26 (2): 12.{{cite journal}}: CS1 maint: multiple names: authors list (link)
  6. ↑ Administration of William J. Clinton (9 September 1999). (Speech). Message to the Senate Transmitting the Convention Concerning Safety and Health in Mines. Washington, D.C.{{cite speech}}: Missing or empty |title= (help)
  7. ↑ "C176 - Safety and Health in Mines Convention, 1995 (No. 176)". International Labour Organization.
  8. ↑ "C176 - Safety and Health in Mines Convention, 1995 (No. 176)". International Labour Organization.
  9. ↑ Great Britain. Dept. for Education and Employment (1996). "International Labour Conference": 9.{{cite journal}}: Cite journal requires |journal= (help)
  10. ↑ Administration of William J. Clinton (9 September 1999). (Speech). Message to the Senate Transmitting the Convention Concerning Safety and Health in Mines. Washington, D.C. https://www.govinfo.gov/content/pkg/PPP-1999-book2/pdf/PPP-1999-book2-doc-pg1518.pdf . Retrieved 23 June 2024.{{cite speech}}: Missing or empty |title= (help)
  11. ↑ "MSHA Frequently Asked Questions". Mine Safety and Health Administration. Retrieved 17 November 2014.
  12. ↑ Main, Joseph. "Historic Step Forward in Effort to End Black Lung Disease". MSHA. Retrieved 17 November 2014.
  13. ↑ Administration of William J. Clinton (9 September 1999). (Speech). Message to the Senate Transmitting the Convention Concerning Safety and Health in Mines. Washington, D.C.{{cite speech}}: Missing or empty |title= (help)
  14. ↑ Staff, EHS Today (16 January 2001). "Convention Signed To Raise Mine Safety Standards Worldwide". EHS Today. Retrieved 4 July 2024.
  15. ↑ Clinton, Bill (9 September 1999). (Speech). Statement on the Convention Concerning Safety and Health in Mines. Washington, D.C.{{cite speech}}: Missing or empty |title= (help)
  16. ↑ "Mining disaster kills 300 in Turkey". TCE: The Chemical Engineer. 876: 22–23. 2014.
  17. ↑ "Ermenek Mining Accident: Call to Sign ILO Convention 176" . Retrieved 29 October 2014.
  18. ↑ Ankara. "Turkish Parliament approves ILO's mining safety convention". Hurriyet Daily News. Retrieved 10 December 2014.
  19. ↑ United States Government Accountability Office (October 2009) "GAO-10-7 Black Lung Benefits Program: Administrative and Structural Changes Could Improve Miners' Ability to Pursue Claims". Retrieved 29 June 2024
  20. ↑ 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. 26 (2): 12.{{cite journal}}: CS1 maint: multiple names: authors list (link)
  21. ↑ Phillips, Ari. "Black Lung Escalates In China Just As Coal Demand Starts To Slow". Climate Progress. Archived from the original on 22 December 2014. Retrieved 15 December 2014.
  22. ↑ "C176 - Safety and Health in Mines Convention, 1995 (No. 176)". International Labour Organization. Retrieved 14 December 2014.
  23. ↑ 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. 26 (2): 12.{{cite journal}}: CS1 maint: multiple names: authors list (link)
  24. ↑ "EU renewed social agenda – ratification and implementation of ILO Conventions". The Trades Union Congress. Retrieved 13 December 2014.
  25. ↑ "ILO project to improve safety and health in the mining industry of Ukraine (Central and Eastern Europe)". 28 January 2024.
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