39
Specific mining regulations
186. The mines and quarries regulation1 allocates responsibilities and deals with
other, more specific, safety matters. For example, where several contractors are
used for the same activity, the employers are responsible for their employees' health
and safety but co-ordinating and programming works is the operator's responsibility
(section 4§1 f). Under section 4§2 of the regulation, the employer, whether this be
the operator or a contractor, must comply with relevant health and safety measures,
implement any protective measures concerning the work, employees, the
neighbouring population and the environment proposed by the head of team or
doctor concerned and, in the case of contractors, reach agreement on the
apportionment of responsibilities in accordance with section 4§1 f (see above).
187. Sections 7 to 13 of chapter II of the regulation concern individual safety
measures, occupational health, health surveillance and health and safety training for
employees. Chapter IV deals with general and specific safety measures. For
example, section 22 requires employees to be protected against suspended dust,
gases, vapours and smoke. Section 82 lays down general safety measures relating
to the land surface, particularly in connection with landslides and fissures. Section 83
imposes special obligations concerning waste sites, which must be specifically
covered in all the technical studies required for any mining activity (Article 4). Under
sections 92 to 96, accidents at work must be reported to the authorities and the
mines inspectorate. Section 96 requires a list of accidents to be submitted to the
mines inspectorate every three months to enable the relevant section of the Ministry
of Development to assemble data on the frequency, seriousness and origin of
accidents.
188. The Ministerial order 14080/732/96 is more specifically concerned with
minimum requirements for improving the safety and health protection of workers in
surface and underground mineral-extracting industries. As well as other general
safety provisions, employers are required to prepare and regularly update a health
and safety document (section 3), take all appropriate measures to prevent risks,
including health risks resulting from air pollution (section 4) and those associated
with waste sites (part A, § 15 of the appendix), and so on. Section 8 also requires
employers to ensure that every employee receives a health check on recruitment
and at regular intervals thereafter.
Monitoring health and safety standards
189. A labour inspectorate (SEPE) was set up in 1999 as part of the Ministry of
Labour, under section 6 of the Labour Inspection Act, No. 2639/1998 on labour
relations and the establishment of a labour inspectorate 2. Presidential decree
136/1999 on the organisation of a labour inspectorate3 establishes the inspectorate's
central and regional structure. It is divided into two branches, one concerned with
social security and general employment matters, the other with health and safety. It
may investigate and take proceedings against any person who infringes the labour
legislation. It may also be consulted by employees and employers. Finally, the
1
Mines and quarries regulation, approved under ministerial order II-5H/F/17402/1984, Official Journal
B 931 (31/12/1984).
2
Official Journal A 205 (02/09/1998)
3
Official Journal A 134 (30/06/1999)
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents