Analysis of the Ground Control Codes in the International Analysis of the Ground Control Codes in the International Codes of the International Labour OrganisationCodes of the International Labour Organisation

Prof. Kazem Oraee-Mirzamani Ph.D.University of Stirling, Scotland

Arash Goodarzi M.Sc.Ministry of Mining and Social Affairs, Iran

Nikzad Oraee-Mirzamani LL.B.Imperial College London Business School

: Total labor forcelabor force comprises people ages 15 and older ≅ 3 Billion3 Billion Persons

- 20 percent20 percent of those in the industrial industrial and mining sectorsand mining sectors

- 45 percent- 45 percent of those in the agriculture sectoragriculture sector

- 35 percent- 35 percent of those in the service sectorservice sector

MinersMiners comprise one percentone percent of the total labor forcetotal labor force

- Increasing wages

- Decreasing working hours

- Social security

- Retirement

- Professional stability

- - Health and Safety Health and Safety at at workwork

Labour Labour DemandsDemands

National sozialistische Deutsche Arbeiter partei

The Communist The Communist Party of the Party of the Soviet UnionSoviet Union

Коммунистическая Партия Советского Союза

The workers The workers National socialist National socialist Party of GermanyParty of Germany

Leaders with evil ideologies committed Leaders with evil ideologies committed many atrocities under the pretext of many atrocities under the pretext of workersworkers’’ rights rights in recent history in recent history

Workers grouped together to achieve common goals such as better working conditions

The conflict between the National Union of Mineworkers and the Conservative PartyThe conflict between the National Union of Mineworkers and the Conservative Party

Two millionTwo million people diedie every year

160 million160 million people suffer from work-related diseases

from work-related accidentsaccidents and diseasesdiseases

270 million270 million fatal and non-fatal work-related accidents every yearevery year

In economic terms:In economic terms:

4%4% of the world's annual GDPGDP is lost as a consequence of occupational diseasesoccupational diseases

and accidentsaccidents

the ILO has estimatedthe ILO has estimated

Nearly 13 million people13 million people worldwide work in small-scale miningsmall-scale mining and an estimated 100 million100 million depend on them for their livelihood

The exploitation of the small-scale minessmall-scale mines is typically conducted

in remote and poor societiespoor societies

… where relying on farming and other such occupations alone do not provide for an adequate livingan adequate living

Up to 50%Up to 50% of this workforce are WomenWomen

According to the ILOAccording to the ILO

small-scale mining accounted for small-scale mining accounted for 15-20%15-20% of the of the world’s world’s non-fuel mineralnon-fuel mineral production production

in recent yearsin recent years

The many potential risks involved The many potential risks involved makes mining very dangerous!makes mining very dangerous!

- machinery in enclosed spaces

- Gas explosions

- rock fallsrock falls

- blasting operations

Slope stabilitySlope stability and and Roof support Roof support accidentsaccidents

The two major The two major causes of fatalities:causes of fatalities:

China’s small-scale coalminesChina’s small-scale coalminesemploy roughly employ roughly 2.5 million2.5 million people people

Official statistics:Official statistics:6000 people die each year6000 people die each year

Probably thousands more unreported in illegal and tacit operationsProbably thousands more unreported in illegal and tacit operations

Labour-intensive Labour-intensive and extremely and extremely hazardous hazardous occupations are occupations are almost always almost always governed by governed by standardised standardised work conditionswork conditions

ProperProper legal and sociallegal and social support support with committed cooperation by with committed cooperation by governments, employers and governments, employers and workers organizations can turn workers organizations can turn unsafe work conditions into unsafe work conditions into safe worksafe work

Implementing new lawsnew laws along with strict adherence therewith would reduce such risks in the workplace

• Its regulations are imposed on mine operators Its regulations are imposed on mine operators through inspectionsthrough inspections

• Number of US mining fatalities dropped sharply from Number of US mining fatalities dropped sharply from 242 in 1977 to 242 in 1977 to 5353 in in 20082008• Legislation of appropriate technical lawsLegislation of appropriate technical laws

Safety and health in America’s mining industry has Safety and health in America’s mining industry has improved since improved since 19781978 when the Mine Safety and Health when the Mine Safety and Health Administration (Administration (MSHAMSHA) began operating and implementing ) began operating and implementing the provisions of the provisions of the new Mine Safety and Health Act of 1977the new Mine Safety and Health Act of 1977

• Agency responsible for Agency responsible for reduction of accidentsreduction of accidents in in mining mining by by inspectioninspection and other ways and other ways

• The Act amends and consolidates all previous legislation The Act amends and consolidates all previous legislation embodying federal regulations for the mining industryembodying federal regulations for the mining industry

• It strengthened and expanded miners’ rightsIt strengthened and expanded miners’ rights• Enhanced the protection of miners from retaliationEnhanced the protection of miners from retaliation• Generally, occupational safety and health in the United States’ Generally, occupational safety and health in the United States’ mining industry continues to improvemining industry continues to improve

The International Labour Organization (ILO) is a The International Labour Organization (ILO) is a specialised agency of the specialised agency of the United NationsUnited Nations responsible responsible for dealing with for dealing with labour related issueslabour related issues

It was founded in order to advance It was founded in order to advance opportunities for workers to obtain opportunities for workers to obtain decent decent employmentemployment and and promotion rightspromotion rights at at workwork

International labour standardsInternational labour standards refer to Conventions refer to Conventions and Recommendations adopted by the ILOand Recommendations adopted by the ILO

Conventions are international treaties that are legally Conventions are international treaties that are legally binding on member states that have ratified them binding on member states that have ratified them

Recommendations are advisory onlyRecommendations are advisory only

There are There are 188188 ConventionsConventions and and 199199 RecommendationsRecommendations as yet (2010) as yet (2010)

They cover They cover a wide rangea wide range of of labour issueslabour issues::

from from basic human rightsbasic human rights

to to specific health specific health and and safetysafety standardsstandards for for various industriesvarious industries

The Conference is made up of member The Conference is made up of member States, of which there are States, of which there are 183183

International labour standardsInternational labour standards are adopted by are adopted by the the annual International Labour Conferenceannual International Labour Conference

The ILO has been involved The ILO has been involved in labour and in labour and social aspects of miningsocial aspects of mining for over for over 70 years70 years

The ILO’s Safety and Health in Mines Convention The ILO’s Safety and Health in Mines Convention (No. 176)(No. 176) and its accompanying Recommendation and its accompanying Recommendation (No. 183)(No. 183) were agreed in were agreed in June 1995June 1995 and and 24 countries24 countries have ratified the Convention hithertohave ratified the Convention hitherto

CountryCountry Ratification dateRatification date

1 Botswana 1997

2 Finland 1997

3 Spain 1997

4 Sweden 1997

5 Germany 1998

6 Ireland 1998

7 Philippines 1998

8 Slovakia 1998

9 Armenia 1999

10 Austria 1999

11 Norway 1999

12 Zambia 1999

CountryCountry Ratification dateRatification date

13 Czech Republic 2000

14 Lebanon 2000

15 South Africa 2000

16 Poland 2001

17 United States 2001

18 Portugal 2002

19 Albania 2003

20 Zimbabwe 2003

21 Brazil 2006

22 Luxembourg 2008

23 Peru 2008

24 Bosnia and Herzegovina 2010

The countries that ratified Convention The countries that ratified Convention No.176No.176

• Burden is on member statesBurden is on member states

• Describes generally the frame of laws and regulationsDescribes generally the frame of laws and regulations

• Employers and Employees’ rights and responsibilitiesEmployers and Employees’ rights and responsibilities

• The only internationally agreed standard for safety The only internationally agreed standard for safety

and health in mines as workplacesand health in mines as workplaces

• Major mining States have ratified the ConventionMajor mining States have ratified the Convention

• Laws and practices always exceed these basic standardsLaws and practices always exceed these basic standards

• Whereas countries which implement older standardsWhereas countries which implement older standards

• Their regulations fail to deal with mining-specific needsTheir regulations fail to deal with mining-specific needs

The The Codes of PracticeCodes of Practice are based on principles are based on principles established in international instruments relevant established in international instruments relevant to the protection of workers’ to the protection of workers’ health and safetyhealth and safety

Convention to be incorporated by national Convention to be incorporated by national laws and regulations, and supplemented by laws and regulations, and supplemented by Codes of practiceCodes of practice

• Primarily designed as a protective measuresPrimarily designed as a protective measures

• Considered as ILO technical standards in occupational Considered as ILO technical standards in occupational

health and safetyhealth and safety

• Contain general principles and specific guidance which Contain general principles and specific guidance which

concern the surveillance of the working environmentconcern the surveillance of the working environment

• ILO adopted more than ILO adopted more than 4040 standards dealing with standards dealing with

occupational safety and health, and over occupational safety and health, and over 4040 Codes of Practice Codes of Practice

Historically, mining has been one of the occupations with the Historically, mining has been one of the occupations with the highest levels of risk involved. The ILO prepared highest levels of risk involved. The ILO prepared twotwo Codes of Codes of Practice aiming to guide those responsible for improving standards Practice aiming to guide those responsible for improving standards of safety and to provide guidelines for the drafting of safety of safety and to provide guidelines for the drafting of safety regulations for the regulations for the coalminecoalmine industry and industry and quarry quarry opencastopencast mines. mines.

In order to maintain the stability of the ground in In order to maintain the stability of the ground in accordance with accordance with Article 7(c)Article 7(c) of the Convention of the Convention (No. 176)(No. 176)

employers shall take all necessary measures to employers shall take all necessary measures to eliminateeliminate or minimize the risks to safety and health in mines under or minimize the risks to safety and health in mines under their control, and in particular:their control, and in particular:

take steps to maintain the stability of the ground in areas take steps to maintain the stability of the ground in areas to which persons have access in the context of their workto which persons have access in the context of their work

Paragraph 13 of the Recommendation (No. 183)Paragraph 13 of the Recommendation (No. 183)

((cc) ) MonitorMonitor and control the and control the sidessides of surface mines to prevent material from of surface mines to prevent material from fallingfalling or or slidingsliding into the into the pitpit and endangering workers; and endangering workers;

The employer should take all appropriate measures to: The employer should take all appropriate measures to:

((aa) ) MonitorMonitor and control the and control the movement movement of strataof strata; ;

((bb) As may be necessary, provide effective ) As may be necessary, provide effective support of the roofsupport of the roof, , sidessides and and floorfloor of of the mine workings, except for those areas where the the mine workings, except for those areas where the mining methodsmining methods selected selected allow for the controlled collapse of the ground; allow for the controlled collapse of the ground;

((dd) Ensure that ) Ensure that damsdams, , lagoonslagoons, , tailingstailings and other such impoundments are and other such impoundments are adequately designed, constructed and controlled to prevent dangers from adequately designed, constructed and controlled to prevent dangers from sliding material or collapsesliding material or collapse

In accordance with In accordance with Paragraph 16Paragraph 16 of the of the Recommendation Recommendation (No. 183)(No. 183)

““the particular hazards referred to in Article 7(g) of the Convention the particular hazards referred to in Article 7(g) of the Convention requiring an operating plan and procedures might include: …requiring an operating plan and procedures might include: …rock fallsrock falls; ; susceptibilitysusceptibility of of areasareas to to seismic movementsseismic movements; ; hazardshazards related to work related to work carried out near carried out near dangerous openingsdangerous openings or under particularly difficult or under particularly difficult geological circumstances…”geological circumstances…”

Therefore the Convention and RecommendationsTherefore the Convention and Recommendations……

•generalize ground control issuesgeneralize ground control issues

•do not contain any technical recommendation for improving national lawsdo not contain any technical recommendation for improving national laws

•AAre mere proposed the Codes of Practicere mere proposed the Codes of Practice

The application of The application of legal procedureslegal procedures is the is the best method to protect against the best method to protect against the accidents and encourage the improvement accidents and encourage the improvement of of safetysafety and and healthhealth in in miningmining

““codes of practice are not intended to replace national laws or codes of practice are not intended to replace national laws or regulations or accepted standards…”regulations or accepted standards…”

but where national standards do not exist or are but where national standards do not exist or are insufficient, the employers and employees should give insufficient, the employers and employees should give consideration to international standardsconsideration to international standards

Drawing up national legislation, regulations and safety Drawing up national legislation, regulations and safety standards on ground control requiresstandards on ground control requires

expertexpert,, knowledge knowledge, , experienceexperience, and , and skillsskills

which exist with a lower standard in which exist with a lower standard in many developing countriesmany developing countries

A A generalizedgeneralized procedure is replicated in the Codes of Practice procedure is replicated in the Codes of Practice for mining which are prepared by ILO for for mining which are prepared by ILO for opencast minesopencast mines and and coalminescoalmines. The Codes of Practice should be developed to . The Codes of Practice should be developed to encourage the use of existing laws such as the encourage the use of existing laws such as the Convention (No. Convention (No. 176)176) and and Recommendation (No. 183)Recommendation (No. 183)

++

The Codes of Practice only contain the The Codes of Practice only contain the main requirementmain requirement of the of the mining safetymining safety in in national regulationsnational regulations relating to relating to ground controlground control and and mine stabilitymine stability or other matters under the existing conditions or other matters under the existing conditions

whereas in whereas in developing countriesdeveloping countries where where lawslaws do not possess do not possess sufficient sufficient regulatory powersregulatory powers, such mere Codes are , such mere Codes are inadequateinadequate and do not and do not overseeoversee the effectiveness of the subject country’s regulations the effectiveness of the subject country’s regulations

Guidelines are sufficient in developed countriesGuidelines are sufficient in developed countries

Technical cooperationTechnical cooperation by by developed countriesdeveloped countries to to develop the framework of international organizations develop the framework of international organizations such as the such as the ILOILO could help promote could help promote good legislationgood legislation in in the the developing countriesdeveloping countries and help their progress and help their progress through the through the reductionreduction of of occupational accidentsoccupational accidents

Detailed instructionsDetailed instructions on on ground controlground control and and stabilitystability in in minesmines, , is crucial and constructive for is crucial and constructive for developing countriesdeveloping countries

Should include instructions on:Should include instructions on:

- designing- designing- installing- installing- Monitoring- Monitoring- withdrawing- withdrawing

of supporting systems in mines of supporting systems in mines (rock bolts, frames, arches and etc.)(rock bolts, frames, arches and etc.)

Developing mining safety regulations for each country Developing mining safety regulations for each country individually on an international scale is not possibleindividually on an international scale is not possible

• Numerous differences between the safety standards of a Numerous differences between the safety standards of a developed country and that of a developing countrydeveloped country and that of a developing country

• SStandards could be incomparable, despite being signatories to tandards could be incomparable, despite being signatories to the same conventionthe same convention

• Arbitrary measures are deemed ineffective and are bound to failArbitrary measures are deemed ineffective and are bound to fail

• Ranking systemRanking system• Regulation according to the adequacy of domestic safety standards Regulation according to the adequacy of domestic safety standards

and dominant technologyand dominant technology

• GroupsGroups• A single comprehensive Convention for each groupA single comprehensive Convention for each group• Ensure adherence to the Ensure adherence to the legislationslegislations

Standards proportional to mining technology utilised and outlook toward prioritising the safety of mining operations

The Codes of Practice have no special regard for The Codes of Practice have no special regard for ground control and stability of mines. ground control and stability of mines.

The whole chapter relating to roof and walls support only The whole chapter relating to roof and walls support only comprises comprises 66 out of out of 199 pages199 pages in the Code of Practice on in the Code of Practice on Safety and Health in Underground CoalminesSafety and Health in Underground Coalmines

the chapter on roof and walls support in the Code of the chapter on roof and walls support in the Code of PracticePractice on Safety and Health in Underground on Safety and Health in Underground Coalmines focuses for the most part on powered Coalmines focuses for the most part on powered support safety regulationssupport safety regulations

Powered supports:Powered supports: mechanised underground mining;mechanised underground mining; not in not in developing countriesdeveloping countries

• Code on Coalmines updated after Code on Coalmines updated after 20 years20 years in in 20062006

• Code on Opencast Mines not been updated since Code on Opencast Mines not been updated since 19911991

Must also be Must also be up to dateup to date with with global changesglobal changes in technology in technology

Enforcement is key to business sustainabilityEnforcement is key to business sustainability

Enacting regulations and laws, reporting systems of safety and Enacting regulations and laws, reporting systems of safety and accidents in many developing countries are pooraccidents in many developing countries are poor

Conclusions

• India reports India reports 222222 fatal accidents fatal accidents• Czech Republic (note working population of about Czech Republic (note working population of about

1%1% of India) reports of India) reports 231231• Estimates state the true number of such accidents in Estimates state the true number of such accidents in

India is India is 40,00040,000

UnderstandingUnderstanding of of occupational safetyoccupational safety and and healthhealth in in developing countriesdeveloping countries

ILO must increase technical assistance to member States to ILO must increase technical assistance to member States to strengthen their response to safety at and throughout the strengthen their response to safety at and throughout the

workplaceworkplace

HHigh expectations from an international organization with igh expectations from an international organization with an annual budget of more than $200 millionan annual budget of more than $200 million

Thank you very much.Thank you very much.