REPUBLIC OF NAMIBIA MINISTRY OF MINES AND ENERGY DIRECTORATE OF MINES

REPUBLIC OF NAMIBIA MINISTRY OF MINES AND ENERGY DIRECTORATE OF MINES MINE SAFETY AND SERVICES DIVISION

PREPARED FOR: MINING AND PROSPECTING INFORMATION SHARING WORKSHOP 18 – 19 FEBRUARY 2009, SAFARI HOTEL,WINDHOEK Presenters: Linus Mulele (Deputy Director) Samson N Nghiteeka (Inspector of Mines) Mine Safety and Services Division Directorate of Mines Ministry of Mines and Energy 1st Aviation Road Private Bag 13297 Windhoek Republic of Namibia Tel: +264 61 284 8257 (w) Cell: +264 811495236 Fax: +264 61 284 8385 E-Mail: snghiteeka@mme.gov.na

Mine Safety and Services Structure

Main Functions of the Division • To ensure that Mines are comply with the applicable legal framework. • To advice the mines and other stakeholders about the provisions of the Legal Framework.

Appoint of the Chief Inspector and Inspectors of Mines • The Chief Inspector of Mines and other Inspectors of Mines are appointed by the Minister, subject to the laws governing the Public Service, to exercise the power and perform the functions and duties conferred or imposed or as may be assigned to him by the Minister and who shall exercise general supervision of mines, works and machinery. {Section 4 (a-b)}

Powers of the Chief Inspector of Mines: • The Chief Inspector or any Inspector of Mines, Machinery may enter upon any mine or works and inspect or examine the same or any part thereof or any machinery thereon at any hour of the day or night, provided that he does not unnecessarily impede, slow up or stop the working of the mine or the carrying on of the works. • Any person who contravenes or who fails to comply with the terms of any notice or instruction given by an officer of the Ministry under the provisions of the Ordinance or Regulations thereof, shall be guilty of an offence and liable on conviction.

Powers of the CIOM (cont…) An Inspector may for the purposes of monitoring or enforcing compliance with the Regulations enter any mine at any time without warrant or notice; While the Inspector is at any mine the Inspector may- (a) question any person on any matter to which the Act relates; (b) require any person who has control over, any document, plan, book or record to produce that document immediately or at any other time as he requires; (c) inspect - any article, substance or machinery; any work performed; any condition; arrangementsmade by the employer for medical surveillance of employees.

Legislations • Minerals (Mining and Prospecting) Act ,1992 (Act No. 33 of 1992). • 2.Mines, Works and Minerals Ordinance, 1968 (Ordinance 20 of 1968). • Regulations made under the Provision of Mines, Works and Minerals Ordinance, 1968 (Ordinance 20 of 1968). • 4. Environmental Management Act No. 7 of 2007

REQUIREMENTS AS STIPULATED IN THE REGULATIONS Employers and employees to identify hazards and eliminate, control and minimise the risks. Employee’ s participation in health and safety. Provide for effective monitoring of health and safety. Provide enforcement of health and safety conditions at the mines. Provide for investigations and inquiries to improve health and safety. To promote:- A culture of health and safety in the mining industry. Training in health and safety in the mining industry. Co-operation and consultation between State,employers and employees.

Risk Assessment The Regulations requires the employer to identify hazards, assess the health and safety risks to which employees may be exposed while they are at work and record the significant hazards identified and risk assessed. The employer must then put measures in place to eliminate the recorded risks, control the risk at source, minimize the risk and insofar as the risk remains, provide personal protective equipment and to institute a programme to monitor the risk. A non compliance is an offence!

Mine Inspections for the purpose of health and safety To insure : All stakeholders in the mining industry in Namibia are committed to contribute towards creating a safe and healthy mining industry. Whilst employers are primarily responsible for providing safe and healthy workplaces, the Mine Safety and Services Division is the lead agent in- Ensuring that the health and safety of workers and the public not is not adversely affected by any mining operations; Development of policies and legislations Promotion of awareness in respect of health and safety amongst all stakeholders; Encouragement of co-operation and continuous improvement in health and safety; and Monitoring and enforcement of the provisions of the legislations and initiation of prosecution in terms of the Regulations

Principles of a proper inspection: An Inspection must- achieve clear outcomes (what is required for health and safety of persons); be appropriate, open, well-timed and the level of action taken to be adequate with the risk and potential impact; be transparent to enable stakeholders to understand what constitutes non-compliance with the provisions of the Regulations as well as the obligations of stakeholders; be fair, consistent and equitable, taking into account the attitude, towards health and safety, and actions of the alleged offender and any history of previous incidents and breaches of the Regulations be directed primarily at those whose activities generate considerable risk and/or serious harm to health and safety; and follow the principles of justice and carried out within the powers and processes of the legislation.

Notices in terms of the Regulations If an Inspector has reason to believe that any occurrence, practice or condition at a mine endangers or may endanger the health and safety of any person at the mine, the Inspector may give any instruction necessary to protect the health and safety of persons at the mine that- • operations at the mine or a part of the mine to be halted; • the employer must take action within a specified period to rectify the occurrence, practice or condition; • such an instruction remains in force from the time of issuance until amended or revoked in writing by the Chief Inspector of Mines or until the Inspector’s instructions have been complied with. • the employer must take action within a specified period to rectify the occurrence, practice or condition;

REPORTING OF ACCIDENTS The employer is obliged to report every accident that results in – (a) the death of any employee (b) an injury to any employee likely to be fatal (c) an injury which either incapacitates the injured employee from performing that employee’s normal or a similar occupation for a period totalling 14 days or more When an accident causes the immediate death of an employee, the place where the accident occurred must not be disturbed or altered before such place has been inspected by an Inspector. This however does not apply if such disturbance or alteration is unavoidable to prevent further accidents, to remove fatalities and injured employees or to rescue employees from danger, or the discontinuance of work at such place would seriously impede the working of the mine.

Accident Investigations and Enquiries The underlying reason for conducting accident investigations/inquiries is to determine the causes and underlying causes of the accident and ultimately to improve health and safety conditions in the mining industry. Errors or deviations identified during the investigation/inquiry process that could affect other mines, need to be scrutinised carefully and communicated to prevent similar accidents occurring on other mines with similar conditions. In preparing and conducting the investigation/enquiry it is essential that an Inspector understands the purpose of the investigation/enquiry. It is detrimental to the process should proceedings be delayed unnecessarily, as this will result in ineffective enforcement of the requirements of the Regulation. An Inspector must inspect the scene of any accident, causing the death of any person at a mine, as soon as possible after the occurrence. Such an inspection is termed an " in locoinspection"

In loco inspection Purpose is- • to determine the conditions which existed immediately before and at the time of the accident; • to determine the exact conditions, which existed immediately after the accident; • to question eyewitnesses and any other persons present, who might furnish valuable information while certain incidents are still fresh in their minds and where necessary to obtain sworn statements from such witnesses; • to determine persons who will be required as witnesses at the • enquiry;

Inspection in loco continue • to determine what documentation/exhibits will be needed for the • inquiry; • to ensure the correctness of the documentations/exhibits with • particular reference to the plans and diagrams, which may be • required; and • to set place, date and time for holding the inquiry. Delays must be minimised wherever possible. “Justice delayed is justice denied”.

Enquiry into Accident In terms of Section 10 (1), when any accident, causing death or grievous bodily harm to any person occurs at a mine or upon any works the CIOM, IOM or any IOMM, shall hold an enquiry into the cause of the accident, and whenever in any other circumstances the CIOM deems it necessary such an enquiry may be held. At any such enquiry the person conducting such enquiry may administer an oath or affirmation in lieu thereof to witnesses. If any witness to whom an oath or affirmation has been so administered, gives false evidence, he/she shall be guilty of an offence.

APPOINTMENTS OF MINE MANAGEMENT In terms of Reg. 26(1), whenever in the opinion of the CIOM, prospecting or mining operations on a claim or mining area or operations on a works are carried on to such extent as to require the appointment of a manager, he shall call the owner of such claim or mining area to do so. The owner shall in one month of such notification appoint a manager in Writing and furnish the CIOM with a copy of the letter of appointment Countersigned by the appointee.

The following managers are statutory appointees, therefore copies • of their appointment letters must be submitted to the office of the • CIOM, countersigned by the appointee. • Mine Manager (Reg. 28 (1) • Mine Overseer {(Reg. 32 (1)} • Shift Boss {Reg. 33 (1)} • Blaster / Miner {Reg. 34} • Engineer {Reg. 38 (8)} • Surveyor {Reg. 39 (1)}

Responsibilities Mine Manager Take all reasonable measures to enforce the requirements of the regulations and to ensure that they are observed by every person employed in or at the mine. Mine Overseer Mine Overseer shall have all the duties and responsibilities of the manager so far as the portion of the mine assigned to him is concerned.

Shift Boss Each Shift boss must at least once during his shift inspect every portion of the mine assigned to him in which persons are working or through which they may have occasion to pass and shall ascertain the condition thereof as regards ventilation, sanitation, the presence of gasses, the state of the hanging-wall, foot-wall, and side and generally in so far as safety and health of persons working there is concerned. Blaster/Miner The Blaster must take all reasonable measures to safeguard all persons working under his charge against accident.

Marine Exploration and Mining MME in consultation with the MET and Ministry of Fisheries and Marine Resources (MFMR) will be responsible for approval of mine areas and schedules. In order to avoid cumulative and collective damage to the environment, all vessels should comply with the prerequisite of being equipped with Vessel Monitoring Systems (VMS).

NON-COMPLIANCE WITH REGULATIONS • Human resource development is critical; a shortage of skilled professional and technical personnel in all categories of the mining sector to carry out monitoring of the promotion and protection of a sustainable environment. • Ignorance by the mining industry in carrying out actions stipulated in the environmental contracts in its time frame. • Abandoned mining sites and quarries by mineral rights holders. • Sidelining of the line Ministry by some mineral rights holders • The Ministry of Mines and Energy is the custodian of minerals resources in Namibia. However some mining company sideline the Ministry and seek audience with the highest government authorities.

Conclusion Our believe is that if it is possible to mine one day without any fatality then it is possible to mine a year without a fatality. If you cannot mine safely, you better do not mine at all. Nobody goes to work either to be injured or killed.

. I thank you!!! I thank you!!!

REPUBLIC OF NAMIBIA MINISTRY OF MINES AND ENERGY DIRECTORATE OF MINES