Convention concerning Safety and Health in Mines (ILO Safety and Health in Mines Convention, 1995 (No. 176))

Safety and Health in Mines Convention, 1995 (No. 176), Geneva, 82nd ILC session (22 Jun 1995), entry into force: 05 Jun 1998.
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Year of adoption: 1995
Year of entry into force: 1998
Legal Status:


Article 13
1. Under the national laws and regulations referred to in Article 4, workers shall have the following rights:
(a) to report accidents, dangerous occurrences and hazards to the employer and to the competent authority;
(b) to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the employer and the competent authority;
(c) to know and be informed of workplace hazards that may affect their safety or health;
(d) to obtain information relevant to their safety or health, held by the employer or the competent authority;
(e) to 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; and
(f) to collectively select safety and health representatives.
2. The safety and health representatives referred to in paragraph 1(f) above shall, in accordance with national laws and regulations, have the following rights:
(a) to represent workers on all aspects of workplace safety and health, including where applicable, the exercise of the rights provided in paragraph 1 above;
(b) to:
(i) participate in inspections and investigations conducted by the employer and by the competent authority at the workplace; and
(ii) monitor and investigate safety and health matters;
(c) to have recourse to advisers and independent experts;
(d) to consult with the employer in a timely fashion on safety and health matters, including policies and procedures;
(e) to consult with the competent authority; and
(f) to receive, relevant to the area for which they have been selected, notice of accidents and dangerous occurrences.
3. Procedures for the exercise of the rights referred to in paragraphs 1 and 2 above shall be specified:
(a) by national laws and regulations; and
(b) through consultations between employers and workers and their representatives.
4. National laws and regulations shall ensure that the rights referred to in paragraphs 1 and 2 above can be exercised without discrimination or retaliation.

Article 14
Under national laws and regulations, workers shall have the duty, in accordance with their training:

(a) to comply with prescribed safety and health measures;
(b) to take reasonable care for their own safety and health and that of other persons who may be affected by their acts or omissions at work, including the proper care and use of protective clothing, facilities and equipment placed at their disposal for this purpose;
(c) to report forthwith to their immediate supervisor any situation which they believe could present a risk to their safety or health or that of other persons, and which they cannot properly deal with themselves; and
(d) to cooperate with the employer to permit compliance with the duties and responsibilities placed on the employer pursuant to the Convention.