NSC Recommendations on contract mining and its implementation Presentation by: SWAGAT RAY (Dy. G.M. – Mines) & VAIBHAV GUPTA (Env. Engg)

NSC Recommendations on contract mining and its implementationPresentation by:

SWAGAT RAY(Dy. G.M. – Mines)

&VAIBHAV GUPTA

(Env. Engg)

MATA NO MADH LIGNITE PROJECTGUJARAT MINERAL DEVELOPMENT CORPORATION LIMITED

2ND CONFERENCE9-10th jULY, 1966

3RD CONFERENCE14-15TH JULY 1973

4 T H CONFERENCE24 Decemb er, 1978

5T H CONFERENCE26-27 Decemb er, 1980

6 T H CONFERENCE13-14 jan u ary, 1986

7 T H CONFERENCE19-20 Decemb er, 1988

DHORI DISASTER, 1965Coal Dust Explosion, East Bokaro Coal field, Dhanbad

BARAGOLAI DISASTER, 1979Gas ignition and mild explosion, NECL, Assam

8 T H CONFERENCE14 MAY, 1993

9 T H CONFERENCE2 -3 FE B RUARY, 2000

10 T H CONFERENCE26-27 Novemb er, 2007

1 s t CONFERENCE5 -6 t h Au gu s t , 1958

CHINAKURI DISASTER, 1958Fire Damp & Coal Dust Explosion,BCC, Raniganj

Preface to the history of Conference on Safety in Mines.

after math of

after math of

JITPUR DISASTER, 1973Gas Explosion, IISCO, Dhanbad

after math of

No Fruitful Discussion Madeheld in normal course

Again in the

shadow of

3

Preface to the history of Conference on Safety in Mines.………Continued

First three Safety Conferences held after major disasters.

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.

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.

---------- Still MILES TO GO AHEAD…….

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.

A Review over Recommendations & Implementations

Contractor’s work vis-à-vis Safety

The onus of responsibilities lies within three domains:

EmployerContractor

Employee

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Inclusion of conditions for management of risk arising from mining operations by the contractor in TENDER Document including NITs.

Employerresponsibility

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.

SUGGESTION

Safety policy & SMS (Safety Mgmt. System) should be defined and included in Tender as well as NITs


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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

Presently: Reactive ApproachShortcomings in safety measures are pointed out & communicated to contractors for compliance, BUT, No mechanism to ensure their familiarity of norms.

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.




8

Health, safety management system as well as rules, regulations & by-laws shall be consistent and applicable in common to mine owner & contractor.

PresentlyThe 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.

SuggestionStrict compliance is necessary with whole hearted efforts from the employer & the regulating authorities.




9

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.




10

Ensure that contracts should preferably be of longer period (three years), so that there is adequate scope of management of safety by the contractor.




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.

11

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.

OtherwiseIt appears to be a Cumbersome task to handle.

12

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 scenarioGenerally mentioned in tender T&C.

BUTOnly penalty doesn’t fulfill the

requirement.

SuggestionEmployer must fill the Gaps with complying the requirement at his own cost & the cost incurred so should be imposed apart from penalty.

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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.

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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’sresponsibility

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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.

16

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 conditionThe hurdles : High retrenchment ratio of

employeesSuggestion

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.

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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.




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.

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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 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




The contractor should submit such returns only after Certification of the Owner/Agent/Manager with proper crosscheck with records.

19

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.



Employee’s Responsibility

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.

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.

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.


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”


PRE-SELECTION CHECKLIST........Proposed Sample example

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) Contractor’s Details

1) Field of Expertise

Examples of previous relevant experience:_____________________________________________________________________________________________


3) License requirements

Building Work Contractor Appropriate Drivers Licence Blasters licence ❒ ❒ ❒Explosives transport & storage ❒



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 ❒



6) Certification

We, the undersigned, certify that all items indicated above have been checked and are correct:Employer : ___________ Signature ___________Date__________Contractor : _____________ Signature ___________Date__________



1) Proposed work methods

Description:__________________________________________________________________________________________________________________________

Proposed precautions(Job Safety Analysis): _____________________________________________________________________________________________________________________________________________________________________

Equipment to be used: ________________________________________________________________________________________________________________________________________________________________________________________

Task Specific – CHECKLIST: for Excavation & Site works


2) Review of proposed procedures & equipment

Hazard Control Measure Checked N/A

Excavation

Review Daily Operator Checklist Correct for the task Appropriate protection mechanism fitted Seat belts fitted and worn

Visual check of mechanical condition / cleanliness Hydraulic leaks Ground engaging wear parts serviceable Lifting points properly engineered & sound

Unstable /Uneven ground Site preparation before work Falls into excavations Restricted access to work area Excavation Work Permit Working alone Means of communication



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 ❒ ❒


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.

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.

R

CE

Regulator

Employer Contractor

Documents

NSC Recommendations on contract mining and its implementation Presentation by: SWAGAT RAY (Dy. G.M. – Mines) & VAIBHAV GUPTA (Env. Engg)