Lecture 3 mines safety & Health legislation finale (1).pptx

mine healty and safety laws

1. Mine Safety and health Legislation

2. Learning Outcomes Students must be able to demonstrate knowledge of health and safety regulations applicable to all aspects of mining operations both at International level. National (local) level

3. Definition of Occupational safety and health (OSH) The science of the anticipation, recognition, evaluation and control of hazards arising in or from the workplace that could impair the health and well-being of workers, taking into account the possible impact on the surrounding communities and the general environment.

4. The structure of health and safety laws National Legislation is structured in the following way: Primary legislation such as Acts — known as statutes Secondary legislation (sometimes referred to as subordinate legislation) mainly Regulations — known as statutory instruments

5. Definitions International legislation: Agreements such as conventions and recommendations which may or may be binding and require ratification by individual countries. Convention: All kinds of agreements, compacts or treaties entered into by nations, such as Geneva convention. Conventions may be of A general or specific nature and Between two or multiple states . International conventions: treaties or agreements between countries. Recommendations are non-binding instruments which do not have any legal force but are merely persuasive.

6. International Mine Safety and health Legislation The most important International agreements on Mine Safety and health are those from by the International Labour Organisation (ILO) namely Convention No. 176 and Recommendation No. 183 This convetion is a landmark international effort/initiative on mine Occupational Safety and Health (OSH) It was adopted in June 1995 and came into force on 05 Jun 1998

7. Convention No. 176 This convention is an important international standard that Allows for Special hazards faced by mineworkers to be dealt with in a specific instrument ; Increasing importance of the mining industry in many countries by emphasizing the need to improve health and safety. Has set the principles for national action on, and international monitoring of, the improvement of working conditions in the mining industry .

8. Convention No. 176 (cont’d) Governments which ratify this convention Undertake to adopt legislation for its implementation, Provide for inspection services and Designate a competent authority to monitor and regulate the various aspects of OSH in mines. The convention also sets out Procedures for Reporting and investigating disasters, accidents and dangerous occurrences related to mines, and The compilation of the relevant statistics. The rights and responsibilities of both workers and employers.

9. Rationale of Convention No. 176 and Recommendation No. 183 The preparatory work for Convention No. 176 identified three key reasons for its development. Firstly, existing ILO standards on mining were no longer considered to be fully applicable to hazards in the sector due to among other reasons, the significant technological changes. Hence the need to update them Secondly, work in the mining industry was considered one of the most dangerous occupations in terms of the adverse effects on health of exposure to multiple hazards in mines. Finally, the adoption of specific instruments on mining would mark the recognition of the significant economic importance of the sector in both developed and developing countries All these factors led to the demand for updated standards, resulting in the adoption of Convention No. 176 and Recommendation No. 183 in 1995

10. Overview of the content of Convention No. 176 and Recommendation No. 183 Convention No. 176 Sets out that “safety and health must be a priority in the design, expansion, operation and upkeep of mines and their equipment”, and Establishes the roles of governments, employers and workers in that respect Regulates the various aspects of safety and health in mines covering inspection, special working devices, and special protective equipment of workers. Prescribes requirements relating to mine rescue

11. Convention No. 176 comprises several aspects of mine safety and health divided into 5 parts with a total of 24 Articles Recommendation No. 183 comprises several aspects of mine safety and health divided into 5 parts with a total of 24 Articles

12. Scope of application Convention no. 176 applies to all mines. Ratifying states may exclude certain categories of mines from the application of the convention (or from certain of its provisions) after consultations with the most representative organizations of employers and workers concerned, Provided that the overall protection at such mines is not inferior to the protection that would result from the full application of the convention. Recommendation No. 183 makes specific reference to measures to assist small mines

13. Consultation on OSH in mining Convention No. 176 provides that the most representative organizations of employers and workers concerned shall be consulted in the formulation and periodic review of the national OSH policy in mining, and particularly regarding the measures to give effect to the provisions of the Convention . Recommendation No. 183 indicates that such consultations should include the effect of the length of working hours, night work and shift work on workers’ safety and health.

14. System of defined rights, responsibilities and duties This covers Role of governments in OSH in mining Duties and responsibilities of employers in OSH in the mining sector Rights and duties of workers related to OSH in the mining sector

15. Role of governments in OSH in mining Under convention no. 176, governments Have the responsibility to formulate and implement a coherent policy on safety and health in mines, after consultations with the social partners, and to periodically review that policy. Are also responsible for taking measures to ensure the application of the convention through the adoption of national laws and regulations, supplemented where appropriate by other means consistent with national practice, and the convention outlines the subjects that must be covered by legislation. Are also required to: Take measures to ensure the effective enforcement of the provisions of the convention; Provide appropriate inspection services; and Designate a competent authority to monitor and regulate safety and health in mines, with the power to suspend or restrict mining activities on safety and health grounds. Recommendation No. 183 adds that the competent authority should have qualified and trained staff and sufficient technical and professional support, and that measures should be taken to encourage the competent authority to provide specific assistance to small mines

16. Duties and responsibilities of employers in OSH in the mining sector The convention Provides that employers must take the necessary measures to eliminate or minimize the safety and health risks in mines, and Outlines the detailed responsibilities of employers related to mine safety, including in situations where two or more employers undertake activities at the same mine

17. Rights and duties of workers related to OSH in the mining sector Convention No. 176 provides that workers in mines have the duty to: comply with prescribed safety and health measures and cooperate to permit compliance by employers with their OSH duties; take reasonable care for their own safety and health and that of others; and report forthwith any situation which they believe could present a safety and health risk with which they cannot properly deal themselves. The preamble to Convention No. 176 specifies that workers have a need for, and a right to, information, training and genuine consultation on and participation in the preparation and implementation of safety and health measures concerning the hazards and risks they face in the mining industry.

18. Rights and duties of workers related to OSH in the mining sector Accordingly, under the Convention, workers have the right to: report accidents, dangerous occurrences and hazards; request and obtain inspections and investigations; be informed of workplace hazards that may affect their safety or health and obtain relevant information; and 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

19. Rights and duties of workers related to OSH in the mining sector The Convention No. 176 provides workers with the right to collectively select safety and health representatives It must be ensured that the rights of workers and their representatives can be exercised without discrimination or retaliation. Recommendation No. 183 provides additional guidance on: the information that workers and their representatives should receive or have access to; the rights of safety and health representatives; and the content of legislative provisions relating to the right of workers to remove themselves from danger

20. Cooperation to promote safety and health in mines The Convention requires that measures be taken to encourage cooperation between employers and workers and their representatives to promote safety and health in mines , Recommendation No. 183 provides guidance on the cooperative mechanisms that should be established.

21. Prevention of Accidents in Mining The preamble to Convention No. 176 underlines the importance of preventing any fatalities, injuries or ill health affecting workers arising from mining operations. The Convention outlines prevention measures, including the provision of training and retraining for workers, and measures to be taken at the design stage. Recommendation No. 183 further guides that the competent authority should provide specific assistance to small mines with a view to establishing preventive safety and health programmes .

22. Prevention of Accidents in Mining (cont’d) Recommendation No. 183 provides guidance relating to prescribing obligations of suppliers of equipment, appliances, hazardous products and substances to mines. With a view to keeping abreast of scientific developments, the Recommendation adds that measures should be taken to promote research into, and exchange of information on, safety and health in mines at the national and international levels Where workers are exposed to physical, chemical or biological hazards, employers must inform them of those hazards and the health risks involved and take appropriate measures to eliminate or minimize the risks resulting from exposure to the hazards.

23. Prevention of Accidents in Mining (cont’d) Recommendation no. 183 Provides additional guidance on undertaking hazard assessments and risk analyses in order to develop and implement systems to manage risks, and Outlines the types of risks to which workers could be exposed. The convention Requires employers to ensure the assessment and regular inspection of the working environment to identify the hazards to which workers may be exposed. Also establishes that employers shall assess risks, and It outlines the order of priority for dealing with such risks: eliminating the risk; controlling the risk at source; and minimizing the risk by means that include the design of safe work systems

24. Other ILO instruments related to safety and health in mines International labour standards particularly relevant to safety and health in the mining sector include instruments on: Protection against specific risks, especially the radiation protection convention, 1960 (no. 115), The occupational cancer convention, 1974 (no. 139), The working environment (air pollution, noise and vibration) convention, 1977 (no. 148), The asbestos convention, 1986 (no. 162), The chemicals convention, 1990 (no. 170), and Their accompanying recommendations.

25. National Mines Safety and Health Legislation The National safety and health Legislation in Botswana are: Mines, Quarries, Works and Machinery Regulations Explosives Regulations

26. National Mines Safety and Health Legislation (Botswana) Regulations Number of Other Contents Parts Regulations Mines, Quarries, Works and Machinery 33 605 - Explosives 15 153 Schedules and Statutory Instruments (Sis)

27. Mines, Quarries, Works and Machinery Regulations

28. Explosives Regulations Part Description Part Description I Preliminary IX Unlawful Possession, Hiding and Abandoning of Explosives II Powers of Inspectors X Use of Explosives III Importation of Explosives XI Duties of Blasting Licence Holder IV Manufacture of Explosives XII Duties of Miner in Charge who is a Blasting Licence Holder V Conveyance Overland XIII Special Provisions in regard to Explosives in Mines VI Storage of Explosives XIV Further Provisions in regard to Explosives in Fiery and Coal Mines VII Purchase or Acquisition of Explosives XV Offences and Penalties VIII Sale of Explosives Others Schedules & S.I.