The Tabas mine disaster, which resulted in the deaths and injuries of dozens of workers, was not the first such incident and, unfortunately, is unlikely to be the last. It is clear that the safety of the country’s mines is not a priority for either employers or relevant government bodies. Determining which safety standards should be followed in a workplace like a mine is straightforward, and adhering to these standards is not difficult. However, if the sole priority is maximum profit, safety measures are inevitably neglected. In Iranian law, as in most countries, clear regulations have been established for workplace safety and oversight. Additionally, the duties of employers and government and non-government entities to ensure workplace safety, prevent accidents, and manage them are generally defined. This short article briefly examines the responsibilities of the Ministry of Industry, Mines, and Trade (known as “Samt”) and the Ministry of Cooperatives, Labor, and Social Welfare (known as “Labor”). It is important to note that the primary responsibility in this disaster lies with the employer—those in charge of the company that held the exploitation license for the Tabas mine. This responsibility is both criminal and civil, meaning they must compensate for damages and also face penalties for manslaughter. However, in this article, we focus on the duties of officials within the Ministry of Industry and the Ministry of Labor.

Relevant Laws and Regulations

In the realm of mine safety and the responsibilities of employers and government bodies, many laws, regulations, and directives have been passed. These regulations clearly outline the safety measures that must be observed in mines, the most important of which include:

• The Labor Law, enacted in 1990
• The Mines Law, enacted in 1998
• The Executive Regulations of the Mines Law, enacted in 2017
• The Mine Safety Regulations, enacted in 2012

Who Owns the Mines?

Although there is no explicit statute regarding mine ownership in Iran, according to Article 45 of the Iranian Constitution, the government owns the country’s mines. Article 2 of the Mines Law states: “In line with the general policies of Articles 44 and 45 of the Constitution, the government is responsible for the sovereignty over the country’s mines, the preservation of mineral reserves, issuing permits for mining activities under this law, overseeing these matters, and promoting the development of mining activities, achieving added value for raw mineral materials, boosting exports of value-added minerals, creating employment in this sector, and increasing the mining sector’s share in the country’s economic and social development.” However, this governmental control does not negate the ownership of private individuals or entities under legal frameworks. In practice, the government, through the Ministry of Industry, manages mining operations, often outsourcing them to private companies. In some cases, mines have been privatized under the government’s privatization policies. Nevertheless, the Ministry of Industry remains the main authority overseeing the country’s mines. This ministry is responsible for issuing exploration, exploitation, and extraction licenses for mining operations. Once the ministry has granted a license, the Ministry of Labor’s responsibilities come into play, as private companies operating mines are subject to labor laws. A mine is considered a workplace, and its workers are employees, all falling under the jurisdiction of the labor laws.

The Ministry of Industry’s Responsibility in the Tabas Mine Disaster

The Mines Law explicitly states that the Ministry of Industry grants licenses for mine operations. Naturally, this ministry is expected to grant licenses to companies that meet the required qualifications. One such qualification is the ability to provide a safe working environment in the mines. The law stipulates that the Ministry of Industry must select companies with the necessary technical and financial qualifications. Moreover, before the expiration of any contract with a company, the ministry must first assess the company’s compliance with the law before extending the license or contract. The executive regulations of the Mines Law also emphasize in several articles the necessity of reviewing the technical qualifications of any company seeking to operate a mine. Article 100 of these regulations explicitly states: “In executing the obligations of license holders, the ministry shall supervise mining operations in accordance with the law, these regulations, and issued directives. Supervision of mining operations includes oversight activities that ensure the health, hygiene, and safety of mine workers, adherence to the approved plan, fulfillment of the licensee’s obligations, control of the technical supervisor’s performance, protection and preservation of mineral reserves, optimal exploitation of these reserves, and other matters that ensure the proper implementation of the law, these regulations, and safety and protection in the mines.” This article makes it clear that the Ministry of Industry retains supervisory duties even after issuing a license. Furthermore, the regulations require that license holders cooperate with ministry-appointed inspectors. Additionally, the Ministry of Industry is responsible for regularly upgrading mining equipment. According to the Mine Safety Regulations, the Ministry of Industry also has duties regarding ensuring safety in mines. In summary, the ministry has responsibilities both during the licensing phase and afterward, ensuring mine safety from various aspects.

The key question here is: To what extent has the ministry fulfilled its obligations? Did it ensure that the company it selected had the qualifications and resources to maintain mine safety before issuing the license? After granting the license, did it send inspectors to evaluate the mine? According to what we know from the criminal case and the statements of relevant officials, no one from the Ministry of Industry has been held accountable, and no investigation into the ministry’s violations has been conducted. Legally, if the ministry has failed in its duties, the responsible officials must be disciplined. If such negligence contributed to the accident, they could also face civil or criminal responsibility.

The Ministry of Labor’s Responsibility

As mentioned earlier, since the exploitation of the Tabas mine was handed over to a private company, this company is naturally subject to labor laws. The Labor Law outlines the Ministry of Labor’s responsibilities regarding workplace safety. The most important duty is that the ministry’s inspectors “must” regularly inspect workplaces and submit reports on the safety conditions of each site. After their inspections, inspectors typically inform the employer of any safety issues and set a deadline for rectifying them. The Ministry of Labor has the authority to close unsafe workplaces until safety issues are resolved. Reports indicated that labor inspectors had twice issued warnings to the employer, but no corrective action was taken. This raises the question: If this is true, why did the Ministry of Labor allow the non-compliant employer to continue operations?

It is important to note that for labor inspectors, recognizing the potential consequences of ignoring a safety issue in a mine is not difficult. Did the Ministry of Labor deliberately overlook this? Given the accident and the statements of the workers, as well as the available evidence, it is clear that both the employer and the Ministry of Labor were aware of the serious risk of an accident at the mine. Therefore, the judiciary should not limit its investigation to the employer; labor ministry officials should also be included as defendants in the case.

Is Punishing Violators Enough?

While every offender must be punished, a functioning system should focus more on preventing such incidents than on retribution. Unfortunately, since most companies that exploit large mines acquire their licenses through favoritism, their qualifications are often overlooked. Furthermore, such companies can easily operate outside the law without fear of losing their income or reputation. The lack of oversight over mines has allowed companies with licenses to operate as they wish. In such a scenario, merely seeking out the guilty parties after an accident will not prevent future violations or incidents.