Seminar on National Safety Conferences Recommendations On

1. Seminar on National Safety Conferences Recommendations On Contract Mining and It’s Implementation Prepared by S.G.Patel & Presented by H B Aghara

2. Under the Constitution of India, safety, welfare and health of workers employed in mines are the concern of the Central Government (Entry 55-Union List-Article 246). The Union Ministry of Labour & Employment. Directorate-General of Mines Safety (DGMS) MINES ACT, 1952 ELECTRICITY ACT, 2003 ALLIED LEGISLATION Coal Mines Regulations, 1957 Indian Electricity Rules, 1956 Metalliferous Mines Regulations, 1961 Indian Electricity Regulation 2010 Oil Mines Regulations, 1984 Factories Act, 1948 : Chapter III & IV Mines Rules, 1955 The Contract Labour (Regulation and Abolition) Act, 1970 Mines Vocational Training Rules, 1966 Mines Rescue Rules, 1985 Land Acquisition (Mines) Act, 1885 Mines Creche Rules, 1966 The Coal Mines (Conservation & Development) Act, 1974 Coal Mines Pit Head Bath Rules, 1959 S.G.Patel

3. Vide the Gazette of India on dated 20th October 2011 was published for the Suggestions, Rectification, Objections if any in the Draft Coal Mines Regulation 2011 within three months from the date of publication for consideration. Definition of “Contractor in draft CMR 2011 “contractor” means an individual, an association of individuals, company, firm, local authority or body who contracts for the services or operations in a mine, and includes a subcontractor • Duties and responsibilities • a) Mine management • b) Contractors deployed in mines • c) Machinery manufacturers • has been included in Draft CMR 2011 S.G.Patel

4. Duties and responsibilities of owner • Taking preventive & protective measures to assessment of risk, to eliminate, to control at source, minimized the risk and if risk remain to provide personal protective equipment • To eliminate or minimized the hazards in particular in relation to • Mine design, construction of electrical, mechanical installation , including communication. • To provide facilities for safe condition for commissioning, operating, maintaining and de-commissioning. • Take steps to maintain the stability of the ground. • To monitor, assess and regular inspection & to identify the various hazards. • In respect of particular hazards, draw up , implement and safe operation plans & procedures to ensure safety. • Appropriate measures and precautions against fires, explosions and inundations. • In case of serious danger to safety and health of worker operation may be stopped till it is rectified. • managers or supervisors should ensure that corrective measures are take immediately for observance of non compliance to safety and health regulations or codes of practice by any person S.G.Patel

5. Duties and responsibilities of owner • An emergency response specific plans for foreseeable industrial and natural disasters • where workers are exposed to physical, chemical or biological hazards • They should be informed about the associated hazards, health risks involved, relevant preventive & protective measures. • Appropriate measures to eliminate or minimize the hazards risks; even though hazards condition exists than to provide and maintain suitable protective equipment, clothing as necessary and other facilities at no cost to the worker. • To provide at the workplace adequate and appropriate first aid and access to medical facilities when person employed suffers from illness or injured. • The owner shall ensure that • Adequate training and re-training programs related to safety and health matters at no cost to worker. • adequate supervision and control is provide for secure the safe operation • All accidents and dangerous occurrences are to be investigated and appropriate remedial actions shall taken and a report of such dangerous occurrences and accident is to submitted to the concerned authorities. • Regular health surveillance of workers exposed to occupational hazards. S.G.Patel

6. Responsibilities of supplier, manufacturer and designer A person who design, manufacture, import, provide or transfer machinery, equipment or substances for use in coal mines. Ensure that the machinery, equipment or substances do not entail dangers to the safety and health while using correctly. Make available information concerning to Correct installation, maintenance and use of machinery Correct storage and use of substances. Hazards of machinery and equipment the dangerous properties of hazardous substances and physical agents or products. How to eliminate or control risks associated with the products /machineries Responsibilities of Contractor. A contractor deployed in a mine for any work shall establish effective communication and coordination between appropriate levels of supervisors, officials and senior officials. Include provisions and measures to identify the hazards for eliminating and controlling risks. ensure arrangements for reporting “work related injuries and diseases” & ill health and incidents among the contractors’ workers. S.G.Patel

7. Responsibilities of Contractor. • A contractor deployed in a mine for any work shall • ensure compliance of the provisions of the Act and the rules and regulations framed there under. • When using contractors, the owner, agent and manager shall ensure that • the same safety and training requirements apply to the contractors and their workers as to the workers of the establishment. • where required, only such contractors are used that have been duly registered or hold licenses. • the contract specify safety and health requirements as well as sanctions and penalties in case of non-compliance and such contract shall include the right for mine officials to stop the work whenever a risk of serious injury is apparent and to suspend operations until the necessary remedies have been put in place S.G.Patel

8. Recommendations of 10th National • Conference on Safety in Mines • Review of Status of Implementation of Recommendation of the 9thConference on Safety in Mines • To minimize contractual worker accident due to surface operation; it is to be ensure that :- • Receives relevant training and other job-related briefings and additionally been explained the salient provisions of "traffic rules“. • appropriate training schedules and modalities in this regard to be prepared and implement the same. In case of smaller mines, such arrangement may be made by association of mine Operators. • Contractor work vis-à-vis Safety • Employer’s responsibilities • Suitable clauses shall be included in tender document stating how the risk arising to men & material from the mining operation and management of such risk. • Ensure that contractors are familiar with the statute, health and safety management system in mines and are provided with copies of such documents prior to commencing work. S.G.Patel

9. Recommendations of 10th National • Conference on Safety in Mines • Contractor work vis-à-vis Safety • Employer’s responsibilities • Ensure that contractor’s arrangements for health and safety management are consistent with those for the mine owner. • All the rules, regulations and bye-laws as applicable to the mine owner are also applicable to the contractor. Details of the contractors’ workmen should be maintained in the owner’s Form-B Register. Whereas, C, D & E Registers for contractor s manpower may be maintained independently by the owner. All the above Registers shall be kept in the mine office of the manager. • Ensure that contracts period should be at least(>three years), so that there is adequate scope of improvement for management of safety by the contractor. • Ensure that contractor’s provide the machinery, operator and other staff with written safe work procedures for the work to be carried out, stating clearly the risk involved and how it is to be managed . S.G.Patel

10. Recommendations of 10th National • Conference on Safety in Mines • Contractor work vis-à-vis Safety • Employer’s responsibilities • Monitor all activities of the contractors to ensure that contractors are complying with all the requirements of statute and the system related to safety. If found noncompliance of safety laws directing the contractor to take action to comply with the requirements, and for further non-compliance, the contractor may be suitably penalized. Clause to this affect may be a part of the agreement between the employer and the contractor. • Where a risk to health or safety of a person arises because of a non-Compliance; directing the contractor to cease work until the remedial measures are complied. S.G.Patel

11. Recommendations of 10th National • Conference on Safety in Mines • Contractor work vis-à-vis Safety • Contractor’s responsibilities • Prepare written Safe Operating Procedure (SOP) for the work to be carried out with reference to assessment of risk, and safe procedure to deal with it. • Copy of the SOP should be provided to management supervisors and officials. In case of any amendment done in SOP a fresh copy should be provide. • Ensure that all work is carried out in accordance with the Statute and SOP and he may deploy adequate qualified and competent personnel if required to carry out the job in a safe manner. • For work of a specified scope/nature, contractor shall develop and provide to the mine owner a site specific code of practice. • Ensure that all sub-contractors hired by him, comply with the same requirement as the contractor himself and shall be liable for ensuring compliance all safety laws by the sub or sub-sub contractors. • All persons deployed by the contractor in mine must undergo vocational training, initial medical examination, PME. Cards issued related to VT & IME shall state the name of the contractor and the nature of work and it’s validity period, etc. S.G.Patel

12. Recommendations of 10th National • Conference on Safety in Mines • Contractor work vis-à-vis Safety • Contractor’s responsibilities • Every person deployed by the contractor in a mine must wear safety gadgets(including PPE) to be provided by the contractor. If contractor is unable to provide, owner/agent/manger of the mine shall provide the same • The contractor shall submit to DGMS returns indicating – Name of his firm, Registration number, Name and address of person heading the firm, Nature of work, type of deployment of work persons, Number of work persons deployed, how many work persons hold VT Certificate, how many work persons undergone IME and type of medical coverage given to the work persons. The return shall be submitted quarterly (by 10th of April, July, October & January) for contracts of more than one year. However, for contracts of less than one year, returns shall be submitted monthly S.G.Patel

13. The Contract Labour (Regulation and Abolition) Act, 1970 • was brought on the Statute Book to regulate the employment of Contract Labour in certain establishments and to provide for its abolition in certain circumstances and matters. • The imperative features of the said Act. • Registration of Establishments Employing Contract Labour • Licensing of Contractors • Welfare and Health of Contract Labour (Canteen, rest shelter, urinals etc) • Wages specified under the ACT from time to time related to Contract Labour • Registers and Records and Collection of Statistics (Register of contractors, Register of persons employed, Employment card, etc) • In all cases; it is the responsibility of principal employer, if contractor fails to comply with any provision of the said act S.G.Patel

14. Conclusion To cope up with the international standards of industrial growth many industries in today’s era carried out their functions partially or fully through contractual working; mining industries has no exception in this regards and is forced to carried out work by deputing contractual workers. The draft regulations, recommendations of safety through circulars are being issued in this regards to see the safety, health and working environment of workers deployed through contractors and also to improve mining working conditions with safety. + If the person employed in the mine, contractors and mine management puts the efforts together to fulfill the said laws, there shall be no doubt for improvement of the mine conditions along with the safety, health and working environment. S.G.Patel

15. THANKS