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Part E: Local Development, Labour, Health and Safety - 42. Occupational Health and Safety | 42.7 Standards for Housing and Living Conditions

The law should include, at a minimum, general provisions or reference to provisions which could appear in other legislation or regulations that specify the minimum requirements and standards for housing and living conditions for mine workers. Possible issues to be covered can include size of the dwelling, number of people to be housed within the dwelling, sanitation and utilities, protection against extreme climate conditions, pest control and nutrition.

42.7 Example 1:

Article [_] Transformation of minerals industry

The [Regulating Authority] must, within [x] years from the date on which this [Code][Act][Law] took effect, (a) and after consultation with the [Housing Regulating Authority], develop a housing and living conditions standard for the minerals industry, to be published in subsequent regulations.

Annotation

Adapted from South Africa’s mining law (2002), this provision provides for the regulating authorities for mining and housing to jointly develop minimum housing and living standards for the mining sector, to be published within a defined time period in accompanying regulations. This approach allows for some degree of flexibility, giving regulating authorities the time to collaborate and draw up an appropriately detailed standard for the sector.

42.7 Example 2:

Article [_]

(1) The owner of a mine, manager of a mine or a holder of a small scale mining licence, shall ensure that changing rooms are provided

(a)near to man riding shafts on the surface of an underground mine,

(b)at locations near to a work area of a surface mine,, with separate provisions for males and females, and

(c)are proportionate in size to the number of persons employed in the mine.

(2) A changing room shall have

(a) sufficient lockers, cupboards or other suitable accommodation capable of being locked to enable each employee store goods separately;

(b) adequate facilities for bathing

(c) adequate facilities for drying clothes; and

(d)suitable toilet facilities.

(3) An adequate supply of potable water shall be provided at a convenient and safe position close to each working place.

(4) The manager of a mine or holder of a small scale mining licence shall provide at a convenient place on the surface of the mine facilities for the storage and consumption of food in the mine.

(5) The manager of a mine or the holder of a small scale licence shall ensure that the mine has sufficient and suitable toilets and urinals for the use of employees of the mine and that

(a)where the number of persons employed does not exceed one hundred, there is one toilet for at most every twenty-five persons;

(b)where the number of persons employed exceeds one hundred, there is one additional toilet for at most every forty persons beyond the first one hundred persons;

(c)each main working level underground has a well-lit, well ventilated and screen toilet, which is kept clean;

(d)each bucket used in an underground sanitary convenience has a close fitting lid which is fixed on the bucket while it is removed to the surface; and

(e)a toilet is accessible to each workman.

(6) A person shall not pollute the mine with faeces or misuse a sanitary facility

(7) The person in charge of a working place or a section in a mine shall ensure

(a)that the working place or section is clean and safe; and

(b)in the particular case of an underground mine, each level, drive, cross-cut and station is clean and safe and free of any defects.

(c)the manager of a mine or a holder of a small scale mining licence shall ensure that

(i) each toilet together with its surroundings within a perimeter of ten meters is disinfected at least twice every week, and

(ii) ((b) the dates of the disinfection are logged and the records are open for inspection by the inspector

Annotation

Drawn from Ghana’s Mining law (2012) this provision goes into more detail, discussing various amenities to be provided by the owner or manager of a mine. These include changing rooms and lockers, bathing and toilet facilities, an adequate supply of potable water and facilities for storage and consumption of food.