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Part E: Local Development, Labour, Health and Safety - 42. Occupational Health and Safety | 42.2 General Health and Safety Provisions

When a mining law includes health and safety provisions, it is recommended that the provisions be consistent with any other relevant and current legislation, particularly those that deal with health and safety standards across all sectors in detail. In cases where there is no national legislation related to health and safety, the mining law may establish the health and safety standards applicable to the mining sector and give authority to the appropriate regulating entities to make rules concerning such matters. These provisions may also, where necessary, include the setup of funding instruments (wealth funds, bonds, etc.) to address non-environmental accidents and injuries.

42.2 Example 1:

Article [_]

(1) During exploration or mining operations, a mining rights holder, in accordance with the generally accepted practices in the international mining industry, shall take all steps necessary to secure the safety, health and welfare of all persons engaged in such operations.

(2) The procedures for the application and enforcement of such standards and work practices shall be prescribed in regulations and may be developed, in addition to the regulations, in the terms and conditions of any applicable Agreement.

Annotation

Adapted from Somalia’s mining law (1984), this provision calls for the implementation of international best practice as well as appropriate work place policies and regulations in order to safeguard the safety and health of people engaged in mining operations.

42.2 Example 2:

Article [_]

The [Regulating Authority] shall make regulations to provide for matters concerning environmental protection, health and safety, including ensuring the safety of the public and the safety and welfare of persons employed in mines and the carrying on of mineral operations in a safe, proper and effective manner.

Annotation

Drawn from Ghana’s mining law (2006), this provision provides for the making of regulations which will detail the requirements for health, safety and environmental protection.