NSC Recommendations on contract mining and its implementation

1. NSC Recommendations on contract mining and its implementation Presentation by: SWAGAT RAY (Dy. G.M. – Mines) & VAIBHAV GUPTA (Env. Engg) MATA NO MADH LIGNITE PROJECT GUJARAT MINERAL DEVELOPMENT CORPORATION LIMITED

2. Preface to the history of Conference on Safety in Mines. after math of 1st CONFERENCE 5-6th August, 1958 CHINAKURI DISASTER, 1958 Fire Damp & Coal Dust Explosion,BCC, Raniganj after math of 2ND CONFERENCE 9-10thjULY, 1966 DHORI DISASTER, 1965 Coal Dust Explosion, East Bokaro Coal field, Dhanbad after math of JITPUR DISASTER, 1973 Gas Explosion, IISCO, Dhanbad 3RD CONFERENCE 14-15TH JULY 1973 held in normal course No Fruitful Discussion Made 4TH CONFERENCE 24 December, 1978 Again in the shadow of BARAGOLAI DISASTER, 1979 Gas ignition and mild explosion, NECL, Assam 5TH CONFERENCE 26-27 December, 1980 6TH CONFERENCE 13-14 january, 1986 7TH CONFERENCE 19-20 December, 1988 8TH CONFERENCE 14 MAY, 1993 9TH CONFERENCE 2-3 FEBRUARY, 2000 10TH CONFERENCE 26-27 November, 2007

3. Preface to the history of Conference on Safety in Mines. ………Continued First three Safety Conferences held after major disasters. Fourth one held in normal course but instead of two days only one day time was given and that led to dissatisfaction among participating members in light of the too heavy Agenda. Again, Fifth one took place after a disaster. After the fifth one, all other Conferences held in normal course, But there is no specific time frame for its occurrence. With the background of such poor history, Today in 21st century where the Global Scenario of mining industry is heading towards Contractual working due to increased production demand, it is definitely a positive sign that in 10th NSC; discussions and recommendations were made for contractual mine working. ---------- Still MILES TO GO AHEAD…….

4. KEY FOCUS AREAS at 10th National Safety Conference 1. Contractor Work Vis-à-vis Safety. 2. Safety Issues in Mines in Unorganized Sector. 3. Occupational Health Surveillance & Notified Diseases. 4. Mechanization with a view to Phase-out Manual loading & to improve Safety Standards. 5. Reduction of Risk from Roof and Side Falls in Coal Mines. 6. Safety of contractor workers and Implementation of “Cold Work Permit” in Oil Mines. 7. Belowground Communication and Tracking System. 8. “Safety Management System” Strategies for Implementation and Path Forward. 9. Implementation of ILO Convention No. 176 in Mines.

5. A Review over Recommendations & Implementations Contractor’s work vis-à-vis Safety Employee The onus of responsibilities lies within three domains: Contractor Employer

6. A Review over Recommendations & Implementations Contractor’s work vis-à-vis Safety Presently this is in generic view that all statuary/legal norms shall be complied. BUT Work/Site specific Risk assessment & management not included in tenders. Inclusion of conditions for management of risk arising from mining operations by the contractor in TENDER Document including NITs. Employer responsibility SUGGESTION Safety policy & SMS (Safety Mgmt. System) should be defined and included in Tender as well as NITs

7. A Review over Recommendations & Implementations Contractor’s work vis-à-vis Safety Presently: Reactive Approach Shortcomings in safety measures are pointed out & communicated to contractors for compliance, BUT, No mechanism to ensure their familiarity of norms. Ensure that contractors are familiar with the relevant parts of the statute, health and safety management system and are provided with copies of such documents prior to commencing work • Suggestions: Proactive Approach • Inviting participation of OHSAS • 18000 certified bidders only. • Inclusion of Pre-selection • CHECKLISTS. • All relevant documents related to • the statute, health & SMS should • be documented and provided by • the Owner/Agent/Manager before • commencing work. Employer responsibility

8. A Review over Recommendations & Implementations Contractor’s work vis-à-vis Safety Health, safety management system as well as rules, regulations & by-laws shall be consistent and applicable in common to mine owner & contractor. • Presently • The anomalies found in : • Hours of working • Provision of leave. • Provision of weekly and compensatory • day of rest. • Provision of Overtime • welfare amenities. • Standards of medical examination. etc. • Suggestion • Strict compliance is necessary with whole hearted efforts from the employer & the regulating authorities. Employer responsibility

9. A Review over Recommendations & Implementations Contractor’s work vis-à-vis Safety • Form B register should be common for both the employer & contractors whereas C,D, & E register may be independent BUT, shall be kept at the office of the Mine Manager. • Presently: Maintained Separately • Contractor’s Manpower retrenchment ratio is very HIGH. • Because, Working hours are mostly 12 Hrs. which demand HARDSHIP. • Poor living condition, improper sanitation, no welfare amenities available. • No Provision of Leave Facilities to them • ………………………..NAKED TRUTH. • SUGGESTION • Reduction of working hours to 8 Hrs. • improved living condition, sanitation & welfare amenities, provision of leave. • Active participation of contractor workers in Employer’s safety & productivity drives: • Building Relationships. Employer responsibility

10. A Review over Recommendations & Implementations Contractor’s work vis-à-vis Safety • Presently It is generally practiced. • BUT • DOES IT MAKE SENSE by just Enhancing the contract period ? • Purpose shall be fulfilled, If all the previously discussed issues get strictly COMPLIED. • OTHERWISE • Condition worsens and conflicts/ disputes get complicated. Ensure that contracts should preferably be of longer period (three years), so that there is adequate scope of management of safety by the contractor. Employer responsibility

11. A Review over Recommendations & Implementations Contractor’s work vis-à-vis Safety Ensure that contractors 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. • Presently • Contractor doesn’t • Suggestion • Employer must first raise his stance for systematic approach towards- • Risk identification. • Risk Management through SOPs. • Emphasis must be given on vocational training on SOPs in employee’s vernacular languages. • Otherwise • It appears to be a Cumbersome task to handle. Employer responsibility

12. A Review over Recommendations & Implementations Contractor’s work vis-à-vis Safety 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 non-compliant 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 & the contractor Present scenario Generally mentioned in tender T&C. BUT Only penalty doesn’t fulfill the requirement. Suggestion Employer must fill the Gaps with complying the requirement at his own cost & the cost incurred so should be imposed apart from penalty. Employer responsibility

13. A Review over Recommendations & Implementations Contractor’s work vis-à-vis Safety Where a risk to health or safety of a person arises because of a non-compliance directing the contractor to cease work until the non-compliance is corrected. Practically, HARSH to implement. SUGGESTION: Proactive Approach shall avoid such non compliance & if at all, it occurs then alternative arrangement might be thought of. Employer responsibility

14. A Review over Recommendations & Implementations Contractor’s work vis-à-vis Safety • SOP (Safe Operating Procedures) • Prepare and update for each work • to be carry out. • Risk assessment and safe methods • to deal with. • Provide a copy to supervisor • deputed by mine owner. • Ensure compliance of stature & • SOP by deploying a competent • personnel. • Site specific codes for work of • specified scope/nature. (Preparation • & provide to mine owner) • Present Situation • Lack of Awareness & Caliber. • Tender conditions doesn’t specify • mostly. • Proactive Approach • Reformation of Contractors into a • well structured organization having • Qualified personnel required for • proper understanding & • implementation requiring their • preparedness for higher • remuneration & overall impact on • cost factor. • Margin of profit should not be • compromised at cost of safety. Contractor’s responsibility

15. A Review over Recommendations & Implementations Contractor’s work vis-à-vis Safety 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. • More than Contractor’s responsibility it should be of the EMPLOYER to impose such condition in the selection criteria of tender process. • Contractor should be allowed to hire any subcontractor only after obtaining NOC of principal employer. Contractor’s responsibility

16. A Review over Recommendations & Implementations Contractor’s work vis-à-vis Safety All persons deployed by the contractor for working in a mine must undergo vocational training, initial medical examination, PME. They should be issued cards stating the name of the contractor and the work and its validity period, indicating status of VT & IME. • Present condition • The hurdles : • High retrenchment ratio of employees • Suggestion • A separate cell for occupational health should be there in principle employer’s hospital. • The doctor & other paramedical staff in such Occ. Health cell should be imparted training on OH&S so as to comply the ILO norms. Contractor’s responsibility

17. A Review over Recommendations & Implementations Contractor’s work vis-à-vis Safety • Clause of Penalty + incurred cost of same should be recovered from the contractor in such case and the provision for the same should be clearly defined in tender conditions. • Statutorily the Manager doesn’t have any financial power • - (C.M.R. 41.3(a) • Amendment must be done in regulation for manager’s power against such recommendations. Every person deployed by the contractor in a mine must wear safety gadgets to be provided by the contractor. If contractor is unable to provide, Owner / agent / manager of the mine shall provide the same. Contractor’s responsibility

18. A Review over Recommendations & Implementations Contractor’s work vis-à-vis Safety The contractor shall submit to DGMS returns indicating – Name of his firm, Registration number, Name & 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 undergo IME and type of medical coverage given to the work persons. The contractor should submit such returns only after Certification of the Owner/Agent/Manager with proper crosscheck with records. Contractor’s responsibility 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

19. A Review over Recommendations & Implementations Contractor’s work vis-à-vis Safety Employee’s Responsibility An employee must, while at work, take reasonable care for the health and safety of people who are at the employee’s place of work and who may be affected by the employee’s act or omissions at work. • Selection of Contractual employee is a predominant factor and it should be based upon certain criteria such as: • Job Knowledge. • Job Experience. • Safety Knowledge. • Safety Attitude. • & • Safety Aptitude, etc. • Representatives of both Employer & Contractor should be in the selection committee. An employee must, while at work, cooperate with his or her employer or other persons so far as is necessary to enable compliance with any requirement under the act or the regulations that is imposed in the interest of health, safety and welfare of the employee or any other person.

20. Checklists Proposed for Selection criteria of Contractor WHY to USE a CHECKLIST ? • To assist in the selection of a reliable, competent • contractor who will meet all legal requirements in relation • to Occupational Health & Safety. • To provide specific guidance for Mine Managers relating to • the identification and control of hazards arising from • specific tasks not usually a part of Mining.

21. Checklists Proposed for Selection criteria of Contractor HOW to USE a CHECKLIST ? • Owner/Agent/Mine Manager conducts an assessment of the proposed • Contractors using the General Pre-Selection Checklist for Contractors. • Be sure to fully describe the extent and details of the contract. • If possible, contact prior clients of the Contractor to confirm their expertise. • Ensure that you view original documents as required. • Be prepared to review, discuss and validate all documents offered regarding • OH&S management. BUT, IT MAY ALL HAPPEN ONLY if “Contractor working will transformed into an ORGANIZED SECTOR” • Having short-listed suitable Contractors, task specific Checklists must be • provided for a more detailed assessment in relation to the work to be done. • This assessment can be used as a part of the final selection process. • Each Checklist is also a preliminary guide for the conduct of the contract work.

22. Checklists Proposed for Selection criteria of Contractor PRE-SELECTION CHECKLIST........Proposed Sample example 1) Contractor’s Details Company / Business name: Street Address: Postal Address: Contact Person: Phone: Fax: Mobile Phone: e-mail: Brief description of contract:________________________________________ Period of contract: _____________________Time - from:_______ to:_________ 1) Field of Expertise Examples of previous relevant experience:____________________________ _________________________________________________________________

23. Checklists Proposed for Selection criteria of Contractor PRE-SELECTION CHECKLIST........Proposed Sample example 3) License requirements Building Work Contractor ❒ Appropriate Drivers Licence ❒ Blasters licence ❒ Explosives transport & storage ❒

24. Checklists Proposed for Selection criteria of Contractor PRE-SELECTION CHECKLIST........Proposed Sample example 4) Insurance requirements Workers Compensation and/or Personal Accident Insurance ❒ Public and/or Product Liability Insurance ❒ Professional Indemnity Insurance ❒ Vehicle, plant & equipment insurance ❒ 5) Contractor OH&S Management OHS Policy ❒ Procedures for Hazard Identification, Assessment & Control ❒ Emergency Procedures ❒ Duties and Responsibilities defined ❒ Safety & Induction Training ❒ Task specific safe work procedures ❒

25. Checklists Proposed for Selection criteria of Contractor PRE-SELECTION CHECKLIST........Proposed Sample example 6) Certification We, the undersigned, certify that all items indicated above have been checked and are correct: Employer : ___________ Signature ___________Date__________ Contractor : _____________ Signature ___________Date__________

26. Checklists Proposed for Selection criteria of Contractor Task Specific – CHECKLIST: for Excavation & Site works 1) Proposed work methods Description:________________________________________________________ __________________________________________________________________ Proposed precautions(Job Safety Analysis): _____________________________ ____________________________________________________________________ ____________________________________________________________________ Equipment to be used: ________________________________________________ ____________________________________________________________________ ____________________________________________________________________

27. Checklists Proposed for Selection criteria of Contractor Task Specific – CHECKLIST: for Excavation & Site works 2) Review of proposed procedures & equipment

28. Checklists Proposed for Selection criteria of Contractor Task Specific – CHECKLIST: for Excavation & Site works 3) Site Registration (applies to all contractor personnel and others visiting site on their behalf) Visitors register / name tag ❒ Site induction ❒ Site Map issued (showing emergency assembly areas and fire equipment) ❒ 4) Personal Protective Equipment Safety Footwear ❒ gloves ❒ Ear protection ❒ Dust mask ❒ Eye protection ❒ Respiratory protection ❒ High visibility clothing ❒ Other:________________________________________________________ 5) Permits Required for the Contracted work Hot Work Permit ❒ Confined Space Work Permit ❒ Isolation/Lockout Work Permit ❒ Excavation Work Permit ❒ Temporary Opening Work Permit ❒

29. CONCLUSION Mining being a Hazardous profession, SAFETY Plays a VITAL ROLE. While talking about Contractual Mining, it is of PARAMOUNT IMPORTANCE to ensure safety & Health at all Corners because of inexperienced and unskilled deployment of persons, poor living conditions, sanitation etc. whereas the overall motto is more PROFIT. R C E In order to achieve the better standards of Safety & Health, ATTITUDE and APPROACH should be in POSITIVE Direction in REC triangle formed by Regulating bodies, Employer and Contractor. Regulator Employer Contractor