Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. The Committee notes the detailed information provided by the Government in its report. It notes with interest the ongoing process of review of the Mines, Quarries, Works and Machinery Act, Cap. 44:02 of 1978 (MQWMA) and invites the Government to take into consideration, as appropriate, the points raised in the present direct request in this review process. The Committee requests the Government to continue to keep it informed of the progress on and outcome of this ongoing review and to provide clarifications and supplementary information in respect of the following points.

2. Article 1 of the Convention. Definition of "mine". The Committee notes that, while the definition of the term "mine" under the MQWMA includes any place at or near or in connection with a mine where any building, construction, dump, dam, machinery or appliance is used or intended to be used, it does not specifically include within its scope all machinery, equipment, appliances, plant, buildings and civil engineering structures used in conjunction with the activities of exploration for and extraction of minerals and preparation of the extracted material. On the other hand, the definition of the term under the Mines and Minerals Act, 1999 includes within its scope all buildings, premises, erections and appliances. Therefore, please clarify whether for the purpose of the MQWMA and the Regulations framed under the Act, the term "mine" would include all machinery, equipment, appliances, plant, buildings and civil engineering structures used in conjunction with the activities of exploration for and extraction of minerals and preparation of the extracted material.

3. Article 2. Exemptions and tripartite consultations. The Committee notes that Regulations 587 and 588 of the Mines, Quarries, Works and Machinery Regulations (MQWMR) permit exemptions to be made from the scope of application of the Regulations. Please indicate: (i) whether any exemption has been made under Regulation 587 of the MQWMR and, if so, indicate the class of mines, quarries or works so exempted; (ii) the employers’ and workers’ organizations concerned that have been consulted in this respect and (iii) the measures taken to ensure that the overall protection afforded at the mines where the exemptions under Regulations 587 and 588 of the MQWMR are applicable is not inferior to that which would result from the full application of the provisions of the Convention.

4. Article 3. Review of legislation on health and safety in mines. The Committee notes that the Government is reviewing the MQWMA with a view to incorporating the requirements of the Convention, where necessary. Please continue to indicate the progress on and outcome of this exercise.

5. Article 4, paragraph 2. Practical implementation through technical standards. The Committee notes that the Botswana Bureau of Standards is working on the drafting of technical standards supplementing the national laws and regulations. Please indicate the outcome of this exercise.

6. Article 5, paragraph 2(d). Compilation and publication of statistics. Please indicate the measures taken to give effect to the requirement of compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences.

7. Article 5, paragraph 5. Plans of workings. The Committee notes that Regulation 578(2) of the MQWMR permits exemption from the provisions of sub-regulation (1) that requires surface and underground plans to be drawn up, when the average number of persons employed is less than 100 while no such limitation is provided for in Article 5, paragraph 5. Therefore, please indicate the measures taken or envisaged to ensure that the requirement of preparing and keeping available appropriate plans of workings is always applicable in respect of all mines including mines where less than 100 persons are employed.

8. Article 7(a). Design and construction of mine. Please indicate the measures taken to ensure that the mine is designed and constructed so as to provide conditions for safe operation and a healthy working environment.

9. Article 7(b). Safe commissioning, maintenance and decommissioning of mines. Please indicate the measures taken to ensure that mines are commissioned, maintained and decommissioned in such a way that workers can perform the work assigned to them without endangering their safety or health or that of other persons.

10. Article 7(c). Measures to maintain stability of the ground. Please indicate the measures taken to maintain the stability of the ground in areas to which workers have access.

11. Article 7(g). Preparation and implementation of operating plans. Please indicate the measures requiring employers to draw up and implement an operating plan in respect of zones susceptible to particular hazards so as to ensure the protection of workers.

12. Article 8. Preparation of emergency response plans. Please indicate the legislative provisions that require the employer to prepare an emergency response plan specific to each mine, for reasonably foreseeable industrial and natural disasters.

13. Article 10(a). Training for workers. Please indicate the measures that require the employer to ensure that adequate training and retraining programmes are provided for workers, at no cost to them, on safety and health matters as well as on the work assigned.

14. Article 13, paragraph 1(b), (d) and (e). Rights of workers. Please indicate the measures taken to ensure that workers have the following rights:

(i)  to request and obtain, where there is cause for concern on health and safety grounds, inspections and investigations to be conducted by the employer and the competent authority;

(ii)  to obtain information relevant to their safety and health held by the competent authority; and

(iii)  to remove themselves from any location at the mine when circumstances arise which appear, with reasonable justification, to pose a serious danger to their safety or health.

15. Article 13, paragraph 1(f). Right of workers to collectively select safety and health representatives. The Committee notes that section 5(2) of the MQWMA allows a nominee each of daily paid workers and supervisory staff (other than daily paid workers) to be represented on the mines, quarries and works safety committee. However, section 5(3) empowers the Minister, at his or her discretion, to refuse to appoint or withdraw the appointment of any such nominee if he or she has reason to believe that such person is not suitable to be a member. In the light of the fact that the power vested with the Minister under section 5(3) of the MQWMA could interfere with the right of workers to collectively select their safety and health representatives, please indicate the measures taken or envisaged to ensure that workers can in practice effectively exercise their right to collectively select their safety and health representatives.

16. Article 13, paragraph 2(b), (c), (d) and (f). Rights of safety and health representatives of workers. Please indicate the measures taken to ensure that the safety and health representatives of workers have the following rights:

(i)  to participate in inspections and investigations conducted by the competent authority at the workplace and to investigate safety and health matters;

(ii)  to have recourse to advisers and independent experts;

(iii)  to consult with the employer in a timely fashion on safety and health matters, including policies and procedures; and

(iv)  to receive, relevant to the area for which they have been selected, notice of accidents and dangerous occurrences.

17. Article 13, paragraphs 3 and 4. Procedures for the exercise of the rights of workers and their representatives. Please indicate: (i) the legislative provisions that specify the procedures for the exercise of the rights referred to in paragraphs 1 and 2 of Article 13 of the Convention, (ii) the measures taken to ensure that the procedures for the exercise of the rights referred to in paragraphs 1 and 2 of Article 13 shall also be specified through consultations between employers and workers and their representatives and (iii) the legislative provisions which ensure that all the rights listed in paragraphs 1 and 2 of Article 13 of the Convention can be exercised without discrimination or retaliation.

18. Part IV of the report form. Please indicate whether any courts of law or tribunals have given decisions involving questions of principle relating to the application of the Convention and if so, please supply the text of these decisions.

19. Part V of the report form. Please continue to indicate the progress on and outcome of the exercise of review of the MQWMA. Also, please continue to furnish information in respect of the manner in which the Convention is applied in Botswana, in particular, information in respect of the number of workers covered by the Convention, the number and nature of infringements reported, the action taken in respect of such infringements, etc.