Mining has long been one of the most difficult and hazardous jobs, and due to this reality, it is traditionally recognized as a clear example of hard and harmful work. Over time, the dangerous nature of this profession and the people involved in it have come under increasing legal scrutiny, leading to significant national and international regulations aimed at reducing the risks and harms associated with mining. These legal measures, alongside other initiatives undertaken by governments and international organizations, have gradually led to a notable reduction in the number of mining-related fatalities. For instance, according to the U.S. Mine Safety and Health Administration, the number of mining fatalities in the U.S. decreased from 1,688 in 1931 to 27 in 2018. This improvement is the result of a legislative evolution in the U.S., with laws such as the Coal Mine Safety Act (1952), Metal and Nonmetallic Mine Safety Act (1966), Coal Mine Health and Safety Act (1969), and ultimately, the Mine Improvement and Emergency Response Act (2006).

In terms of establishing international standards and regulations, the International Labour Organization (ILO) has adopted various conventions and recommendations, which member states have more or less ratified and incorporated into their national laws. These include the Convention on the Abolition of Forced Labour (1957), the Radiation Protection Convention (1960), the Guarding of Machinery Convention (1963), the Occupational Accidents and Diseases Convention (1964), the Minimum Age (Underground Work) Convention (1965), the Medical Examination of Young Persons (Underground Work) Convention (1965), the Working Environment (Air Pollution, Noise, and Vibration) Convention (1977), the Occupational Safety and Health Convention (1981), the Occupational Health Services Convention (1985), the Asbestos Convention (1986), the Chemicals Convention (1990), the Prevention of Major Industrial Accidents Convention (1993), and the Safety and Health in Mines Convention (1995).

The Safety and Health in Mines Convention (1995), also known as Convention No. 176, is based on past experiences and specifically addresses the issue of mining work. It includes various regulations and requirements, the implementation and monitoring of which can significantly reduce mining-related accidents and fatalities.

Articles 4 and 5 of this convention highlight the necessity of providing appropriate enforcement mechanisms for the regulations in member states’ national laws. The convention also acknowledges that not all specific instances can be foreseen within the text of the convention or national laws, thus recommending the adoption of related regulations and safety guidelines for mining work by member states. Another part of the convention emphasizes preventive actions and mine safety measures that are the responsibility of employers, with governments being tasked with overseeing these measures and periodically reporting on their compliance.

Iran, as a vast country rich in mineral resources, has not enacted adequate legislation in the area of mining safety and health. According to a report (No. 31017616, dated 6 Mordad 1400 [July 28, 2021]) from the Research Center of the Islamic Consultative Assembly, out of 190 ILO conventions and 206 recommendations, Iran has only ratified 14—13 of which were ratified before the 1979 revolution.

The result of this negligence and lack of foresight is reflected in a report from the Statistical Center of Iran titled “The Status of Health and Safety in Operating Mines Between 1396 and 1400” (2017-2021). According to the report, in 1400 (2021), only 23% (1,407 mines) out of 6,025 active mines in the country had health, safety, and environmental (HSE) units.

The Safety Regulations in Mines guideline, approved by the then Minister of Cooperatives, Labor, and Social Welfare in 1391 (2012) under the authority of Article 85 of the Labor Law, is currently the only available legal document for ensuring safety and health in Iran’s mining sector. It is indisputable that ministerial guidelines cannot hold the same authority or influence as laws passed by parliament. Consequently, relying solely on this guideline does not provide the necessary legal foundation to significantly improve the safety and health of the hardworking miners.

Unfortunately, despite nearly three decades passing since the adoption of the Safety and Health in Mines Convention by the ILO, and almost four years since the submission of the “Bill for the Ratification of the Convention on Safety and Health in Mines” by the government to the Islamic Consultative Assembly, this bill has not yet been approved by parliament or ratified by the Guardian Council. It is particularly regrettable that while the country’s legislative body often rushes to pass certain unnecessary or even counterproductive laws, vital regulations related to the safety and health of miners remain neglected and unaddressed.