Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. The Committee notes the detailed information contained in the Government’s reply to the Committee’s comments and the reference to information on law and practice available through the Government’s web site http://www.mines.gov.bw. It notes that the Government has provided information establishing application of Articles 1, 2, 7(a)-(c) and (g), 8 and 10(a). With reference to Article 3 of the Convention the Committee requests the Government to continue to keep it informed of the progress on and outcome of the ongoing process of reviewing of the Mines, Quarries, Works and Machinery Act 1973, Cap. 44:02 of 1978 (MQWMA). Further clarifications and supplementary information is also requested in respect of the following points.

2. Article 4, paragraph 2. Practical implementation through technical standards. The Committee notes with interest that the Botswana Bureau of Standards (BOBS) has developed standards on occupational health and safety management (BOS 61) for ensuring safety at work in general and that BOBS has developed guidelines (BOS 62) to implement these standards. The Committee requests the Government to provide copies of the technical standards BOS 61 and 62 and the implementing technical guidelines or, alternatively, to provide information on a possible public access via the Internet.

3. Article 5, paragraph 5. Plans of workings. The Committee notes the Government’s statement that, in practice, no exemptions have been granted from subregulation (1) to regulation 578(2) of the MQWMA requiring surface and underground plans to be drawn up when the average number of persons is employed is less than 100 and that, where the appointment of a surveyor is not affordable, the survey services are normally outsourced by the company to enable plans to be updated. The Committee also notes the Government’s indication that all mines are inspected by the mine inspectorate periodically to ascertain compliance with regulation 578(1). The Committee requests the Government to indicate measures taken to ensure that also employers in charge of mines where less than 100 persons are employed are legally required to prepare, periodically update and keep available appropriate plans of workings.

4. Article 13, paragraph 1(b), (d) and (e). Rights of workers. The Committee notes that regulation 30(c) of the MQWMA requires every person at or in a mine to take precautions to ensure their own safety and the fellow workers during the course of their employment and that this includes removal of themselves from any location at the time when circumstances arise which appear to pose danger to their safety. The Committee requests the Government to indicate measures taken or envisaged, in law and in practice, to ensure that workers have the rights specified in Article 13 paragraphs 1(b), (d) and (e).

5. Article 13, paragraph 1(f). Right of workers to collectively select safety and health representatives; paragraph 2(b), (c), (d) and (f). Rights of safety and health representatives of workers; and paragraphs 3 and 4. Procedures for the exercise of the rights of workers and their representatives. The Committee notes the Government’s statement that effect is given to the abovementioned provisions in practice but not in law. As the Convention requires that legislative effect is to be given to these provisions, the Committee again requests the Government to indicate measures taken or envisaged to ensure that the rights of workers and their representatives in Article 13, paragraphs 1(f), 2(b), (c), (d), (f), 3 and 4 are effectively implemented in law as well as in practice.

6. Article 5, paragraph 2(d). Compilation and publication of statistics and Part V of the report form. With reference to its previous comments, the Committee notes the Government’s statement that information on statistics on accidents, occupational diseases and dangerous occurrences are published in annual reports of the Department of Mines and that these reports are available on the official web site of Botswana. With reference to the annual report of 2005, available at http://www.mines.gov.bw/dom%202005%20Annual%20Report.pdf., the Committee notes that 46 reportable accidents were recorded during the year 2005 compared to 37 accidents in the year 2004 and that machinery, handling of tools and haulage operations contributed to 28 out of 46 reportable accidents in 2005. It also notes that machinery was also the main source of injuries as in 2004 and that the Government intended to make more efforts to curb injuries that were continuing to occur at individual mines. The Committee also notes that during 2005, dangerous occurrences increased by 15–31 per cent compared to 2004, mainly due to incidents related to haulage operations. The Committee requests the Government to provide information on measures taken or envisaged to curb the increasing number of accidents related to machinery and incidences related to haulage operations, and to continue to furnish information in respect of the manner in which the Convention is applied in Botswana, in particular, in respect of the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported, the action taken in respect of such infringements, etc.