By ChikuJere
The review process for Mining Safety Regulations has reached an advanced stage as government, through Department of Mines in the Ministry of Natural Resources, Energy and Mining has completed soliciting stakeholders’ input from all of three regions of the country.
Once approved by cabinet, the new Regulations are expected to apply throughout the entire mining cycle related activities which include exploration, construction, extraction and processing.
The excise is being implemented under the five-year World Bank and Global fund-financed Southern Africa Tuberculosis and Health Systems Support Project (SATBHSSP) which started in 2017, targeting both large and small scale miners, ex-miners and mining communities as beneficiaries.
Implementers for the US$17 million project include Ministries responsible for Mines, Health, Justice, Labour as well as Finance.
Currently, the Malawi mining sector uses safety regulations which were produced in 1981 and are considered outdated, given the evolution that the industry has gone through over the years.
Government conducted public consultations where recommendations and suggestions on how to make the Regulations effectively applicable started with stakeholders from Northern Region, then moved to the South before finalizing with the Central Region.
In his opening remarks during the Central Region stakeholders’ engagement held at Umodzi Park in Lilongwe on February 18 to 19, 2019, Mines Department Deputy Director Peter Chilumanga said government decided to review the Regulations after noting shortfalls that resulted in both minor and major accidents in mining places that could have been avoided.
He said accidents have occurred, majorly due, to laissez-faire approach by companies on safety issues, citing lack of investment in improved safety technology as well as lack of trained safety overseers in mines.
Chilumanga said this was exacerbated by the lack of a legal frame work that focused on mining safety.
“The 1981 Mines and Mineral Act had only one page that addressed safety issues, something which could not provide safety assurance in mining activities and permitted players in the industry to overlook its importance,” said Chilumanga.
He said the recent enacting of the new Mines and Minerals Act (MMA) has enabled the government to come up with a beefed-up draft version of Mining Safety Regulations that addresses many aspects in as far as guaranteed workers’ safety in mining is concerned.
“We had a choice to come up with a separate Act on mining safety, but we chose the path of strengthening the safety regulations in reference to the new MMA, because it could have taken years to develop a stand-alone law, which could have entailed continued exposure of miners to dangers. In essence, we considered the urgency that is needed to ensure the safety of our miners,” Chilumanga said.
Sections in the new Regulations tackle safety issues related to health and accidents, radiation, surface and underground operations, motor vehicle and mobile equipment, electricity in mines, plant and machinery, ventilation and control of dust and atmospheric contaminants, hauling and hoisting, among many other areas.
Among those who attended the consultations were representatives from the civil society under Natural Resources Justice Network (NRJN), Malawi Chamber of Mines and Energy; Chemical, Energy, Mining and Allied Workers Union, Gemstone Association of Malawi and government officials for the ministries involved.
Mining Inspector for the Department of Mines in the Ministry of Natural Resources, Energy and Mining, MphatsoKapokosa, said so far plans to have the Regulations effected soon are going well and according to plan.
“We have gathered input from various stakeholders in all the regions. We will be incorporating all the suggested applicable recommendations in the draft before we send it to the Ministry of Justice through the Justice Department for vetting in readiness for cabinet approval,” he said.
Apart from Malawi, the SATBHSSP is also being implemented in other three Southern Africa countries namely Lesotho, Zambia and Mozambique.
The project was hatched with the recognition that targeting vulnerable populations is key to dealing with TB, and the mining sector is the primary target of the project.
Kapokosa said the country’s nine districts namely; Karonga, Rumphi, Mzimba, Kasungu, Lilongwe, Balaka, Nsanje, Blantyre and Chiradzulu were selected for the project, primarily, based on mining levels and the TB burden.
TB incidences among mineworkers is estimated to be as much as three to eight times higher than the populations from which they originate due to the miners’ exposure to multiple TB risk factors such as HIV, Health care disruptions, congregate living and challenging working environment.
Kapokosa said the review of Mining Safety Regulations falls under the SATBHSSP component that is being implemented to ensure that occupational health and safety standards set out by the International LabourOrganisation (ILO), which recommend that miners’ are provided with protective gear, are followed by all mining companies.
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