REVIEW OF THE MINING (SAFETY) ACT AND ... - Act Now!

DMPGM DEPARTMENT OF MINERAL POLICY & GEOHAZARDS MANAGEMENT

REVIEW OF THE MINING (SAFETY) ACT AND REGULATION

Presentation by: Melinda Kera Principal Legal Advisor- Legal Advisory Branch Mineral Policy & Legislation Division

REFORMING THE WAY GOVERNMENT DO BUSINESS IN MINING Improving the Quality of Life of our People

REVIEW OF THE MINING (SAFETY) ACT AND REGULATION PRIMARY FOCUS:  HEALTH and SAFETY of all mining activities.  Addressing the three (3) main components, namely:(a) WORKFORCE (b) MACHINERIES/TECHNOLOGIES (c) ENVIRONMENT  The following mining activities will be regulated:(a) ONSHORE MINING (b) ONSHORE SMALL SCALE MINING (c) MINE CLOSURE (d) QUARRIES (e) GEOTHERMAL (f) COAL SEAM METHANE (g) OFFSHORE MINING

REVIEW OF THE MINING (SAFETY) ACT AND REGULATION GENERAL MINING HEALTH AND SAFETY STANDARDS A mine owner shall minimise risks to health and safety for miners and others affected by the operation of the mine by implementing control measures such as: 

Minimising or eliminating activities which pose risks to miners and the public.

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Isolating persons from any and all hazards arising from the mine.

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Implementing administrative and engineering controls.

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Putting in place operational requirements to comply with world best practice.

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Providing personal safety equipment to miners which complies with world best practice.


A. DRAFT MINING (HEALTH AND SAFETY) ACT (1)

Inspection, Management and Supervision  Proper appointment of Mine Inspectors  Observation of health and safety standards and requirements  Mines to have registered Mine Managers  Owners to ensure mine and works comply with the legislation  Mines to have Mine Health and Safety Management Plan  Employment and supervision of employees  Age restrictions (18+)

(2)

Plans of Mines  Periodic Inspections by CIM  Copies of Mine Plans to be provided annually to the CIM

REVIEW OF THE MINING (SAFETY) ACT AND REGULATION (3)

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Construction of Dams  Design, construction and alteration of mine dams (re: runoff, etc.)  Inspection and abandonment  Treatment of spillage A person shall not in constructing the dam, depart in any particular from the plans and specifications which was approved by the CIM or the person under whose supervision the work is carried out.

(4)

Accidents and Inquiries  Accidents to be reported.  Notification of accidents and equipment failures  Commission of enquiry to be set up

(5)

Mine Emergencies  NO mining or quarrying permitted without an Emergency Plan.  All mines shall have in place Emergency Plans.  Safety of Mining Operations. Means of safe entry and exit (emergency evacuations, etc) 

REVIEW OF THE MINING (SAFETY) ACT AND REGULATION (6) OFFENCES, PENALTIES AND PROCEEDINGS 

In consultation with the State Solicitor, prosecution of any breaches to the revised MHS Act and its Regulation will be as follows; (a) Criminal matters - Public Prosecutor; and (b) Civil matters - Solicitor General.

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As a matter of deterrence and for strict compliance of the health and safety standards, fines and penalties and imprisonment terms for the prescribed breaches have been reviewed and increased for both individuals and corporations.

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“Duty of Care” must be maintained at all times at any mine or mine works relating to health and safety. The roles and responsibilities of employer, employees, management, etc., are distinctively identified and clearly defined.

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This will be assisted with the Mining (Enforcement and Prosecution) Guidelines to be developed by the department.

REVIEW OF THE MINING (SAFETY) ACT AND REGULATION B. DRAFT MINING (HEALTH AND SAFETY) REGULATION (1)   

Board of Examiners and Certificates Mine Managers and Certificates CIM will head the Board to examine and certify Mine Managers. Precondition of employment of Mine Managers.

(2) Health and Safety Management Systems  A Mine owner shall ensure that a mine health and safety management plan is prepared for each mine, or proposed mine, for the proper management of all mining hazards to health and safety arising from that specific mine, mining technique and procedures and mine development and production plan and the minerals to be produced. 

Must be in place before development and to be reviewed and updated throughout the mine life, mine closure and rehabilitation.


 Emergency Response Plan  A mine owner shall ensure that a detailed mine emergency plan is prepared for each mine to provide the primary plan for response to any emergency at the mine, in consultation with key emergency services organisations and the Mines Inspectorate, and the Provincial and Local-level governments in respect of emergencies that may have an impact upon communities near the mine site. (3) Health and Safety Representative and Committee  Committee consist of the representatives from both the employees and employer.  Grievance mechanism to keep checks and balances of any health and safety concerns faced by the workers. (4) Health and Safety Resolution  Mine trucks and light vehicles safety (re: brakes, etc.)/machineries  Warning signals as an example.  Assessing the impact on the safety of workers and others in current and proposed mining operations in developing the control measures to manage the risks associated with roads and other vehicle operating areas.


(5) Electrical Work and Equipment  Appointment of Electrical Work Manager  Electrical work and installations  The operator of a mine must ensure that, in assessing risks associated with the use of electricity, the OH&S risk assessment for the mine takes into consideration. (6) Dangerous Goods  Labelling of dangerous goods  Storage and spillage or leakage  Classification of dangerous goods  Applies to goods and substances that by reason of their nature or condition may endanger the safety of persons at a mine.


(7) Explosives  Appointment of Explosives Manager  Certification and handling of explosives  Manufacture, storage and transport  Means a substance or article which constitutes an "explosive" for the purposes of the Explosives Act 1953.  Ensure no unauthorized person have access to explosives, and inform the Chief Inspector of Mines of any explosives left behind at a mines work. (8) Ladders and travelling ways

 Fencing of mine shaft entrances  Guiding ropes  Especially for underground mining activities.


(9) Winding  Approval of installation of, or major modifications to, winding systems  Appointment of Winding Operations Manager  The mine operator must ensure that the winding system for each shaft that is in use, and all components of the winding system, are tested regularly to ensure the safe performance of the system. (10) Waste and Waste Dumps  Guidelines for Dams  Plans and specification of dams  Consistent with the development of the Mine Waste Management Policy.


(11) Ventilation

 Ventilation  Dust and fumes  The mine operator of an underground mine must ensure that a ventilation control plan is prepared to provide for the management of all aspects of ventilation at the mine. (12) Alluvial Mines  Supervision of alluvial miners  Conditions to be imposed by CIM.  Alluvial miners must undertake training and be certified by the Wau Small Scale Mine Training Centre. (13) Commencement, suspension and Closing of Mining Operations  Notice of commencement of mining operation  Notice of opening of mine shaft


(14) Radiation  Radiation procedures  Radiation safety requirements to monitor radioactive substance.  Any substance that spontaneously emits radiation by nuclear transformation. (15) Management of Residential Facilities  Appointment of Town and Infrastructure Manager  Consistent with the concept of mine sustainability and the National Government’s focus to encourage developer to work closely with the LLGs and Host Province to build infrastructure which are of value and is manageable.


CONCLUSION Improve the quality of health and safety standards at the mines and impacted mine communities. Improve effective regulation, monitoring and prosecution of any breaches resulting from any mining activity. We believe with a competitive mineral policy and mining laws, Papua New Guinea can progress well in managing the health and safety concerns associated with mining activities whilst maximising the benefits derived for the communal benefit as prescribed by the Constitution of the Independent State of Papua New Guinea.


CONCLUSION (cont…) To achieve this, we need a robust, effective and competitive mineral policy, legislative and regulatory framework that addresses the health and safety issues, socio-economic concerns, and manages environmental and human impacts and also reflecting acceptable mining standards that are uniquely applicable to PNG’s own domestic settings.

GOD BLESS PAPUA NEW GUINEA “REFORMING THE WAY GOVERNMENT DO BUSINESS IN MINING” ...Improving the Quality of Life of our People...