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Part E: Local Development, Labour, Health and Safety - 42. Occupational Health and Safety | 42.1 Applicability of Health & Other Relevant Laws or Regulations

Health and safety is a subject matter that has increasingly become an integral part of the mining laws and regulations of most African countries, particularly over the last 20 years. However, as mentioned above, there may be other applicable laws that govern the mining sector specifically or labour generally. This topic addresses provisions that provide for the application of national laws with regard to health and safety standards and/or international principles.

42.1 Example 1:

Article [_]

All holders of mining rights, must comply with the relevant provisions of all laws affecting health and safety at a mine site and/or in mining operations.

Annotation

Drawn and adapted from South Africa’s mining law (2002), this provision avoids mentioning specific pieces of legislation by name and instead provide for the applicability of health and safety laws and regulations as currently in effect.

When the mining law mentions specifically an act by name (e.g. “the Health and Safety Act”), the mining law should include a clause that eliminates any confusion about the application of subsequent modifications to that law (e.g. “as amended from time to time”).

42.1 Example 2:

Article [_]

All holders of mining rights shall be obliged to observe the highest standards of hygiene and occupational safety as established by the [Regulating Authority] in collaboration with the [Health Regulating Authority], the [Labour Regulating Authority], the [Environmental Regulating Authority] and other relevant governmental agencies. In this regard, mine and quarry operations shall be further obliged to draw up and enforce workplace regulations in accordance with such standards to ensure the hygiene and safety of their workers, plants and inventories.

Annotation

Drawn from Liberia’s mining law (2000), this provision identifies the relevant regulating entities tasked with drawing up health and occupational safety standards. In cases where they may not exist other governing pieces of legislation, the law may require the establishment of clear standards through the collaboration of relevant government regulations.