Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Safety and Health in Mines Convention, 1995 (No. 176) - Botswana (Ratification: 1997)

Other comments on C176

Observation

2017

Direct Request

2011
2010
2007
2006
2005

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The Committee notes the information provided by the Government in its latest report. The Committee further notes that the Government again refers to the ongoing review of the Mines, Quarries, Works and Machinery Act and Regulations, Cap. 44:02 of 1978 (MQWMA) and that the Government attached to its report the “Radioactive Minerals Regulations” and the MQWMA Regulations with the comments drafted by the ‘Economic and Legal Section’ of the Commonwealth Secretariat’s Special Advisory Services Division. The Committee notes that, according to the Government report, the reviewing process would provide the MQWMA with provisions giving effect to Articles 5(5), 13(1)(b), (d) and (e), 13(1)(f), 13(2)(b), (d) and (f), 13(3) and 13(4) of the Convention. However, noting that the Government has been reporting of a MQWMA reviewing process for some years now, the Committee wishes to emphasize that the indication of a process of review of the relevant legislation does not free the Government from its obligation to ensure the application of the provisions of the Convention. With this respect, the Committee takes the occasion to invite the Government to formally request, as recalled in the Government’s report, the ILO technical assistance for comments and review of the MQWMA. In the meantime, the Committee requests the Government to continue to keep it informed of the progress and the outcomes deriving from this reviewing process and on the application in practice of the provisions of the Convention mentioned above, in the light of the previous Committee comments.

Further clarifications and supplementary information is also requested in respect of the following points.

Article 3 of the Convention. Formulation, carrying out and periodic review of a national policy. The Committee notes the Government’s reference to a book containing the amendments made to the MQWMA via the ‘Statutory Instrument’ No. 33/2005 and to the guidelines for the mining industry issued by the Department of Mines, but that neither the book nor the guidelines have been attached to the Government report. The Committee asks the Government to provide the Office with a copy of the named texts.

Article 4(2). Practical implementation through technical standards. The Committee notes the attached documents containing the list of updating project handled by the Health and Safety Technical Committee of the Botswana Bureau of Standards (BOBS). In addition, the Committee notes the Government’s reference to the withdrawal, carried out by the BOBS, of BOS 61 and BOS 62, the standards and relative guidelines on occupational health and safety management for ensuring safety at work and their replacement by the BOS OHSAS 18001:2007 and BOS OHSAS 18002:2008, based on the international occupational health and safety management system specification called OHSAS 18000. The Committee requests the Government to provide copies of the technical standards BOS OHSAS 18001:2007 and BOS OHSAS 18002:2008 and the implementing technical guidelines or, alternatively, to provide information on a possible public access thereto via the Internet.

Article 5(2)(d). Compilation and publication of statistics and Part V of the report form. The Committee notes that, according to the 2009 annual report of the Department of Mines, there were 32 reportable accidents in 2009, compared to 55 in 2008 and 37 in 2006 and that this reduction in the number of accidents was due to the closing of some of the mining operations for a certain period. It notes that, out of 32 accidents, 11 occurred due to the handling of tools in the mines, four due to falls of persons and four due to falls of stones. The Committee further notes from the annual report that the number of injuries in 2009 also has decreased in comparison with 2008 (23 injuries in 2009 compared to 34 in 2008); that machinery was again the main source of danger, and that the contribution of haulage operations to injuries has substantially decreased since 2005. Noting that, notwithstanding the Government reference to an increased number of inspections and accident investigations, the average number of accidents and injuries remains stable, the Committee requests the Government to provide information on the measures taken or envisaged to address the number of accidents related to the handling of machinery and to continue to provide information in respect of the manner in which the Convention is applied in Botswana.