osh issues of contractual workers strategy to improve safety status · 2018-08-16 · 2011 16 51 67...

Directorate General of Mines Safety

APPROACH PAPER

12th National Conference on Safety in Mines

OSH ISSUES OF CONTRACTUAL

WORKERS

STRATEGY TO IMPROVE

SAFETY STATUS

AMBITIOUS PLANS FOR AUGMENTING PRODUCTION LEVEL TO MEET THE DEMAND OF THE NATION BY MINING COMPANIES

GLOBALIZATION CREATED STIFF COMPETITION AMONG THE MINING COMPANIES.

TO SUSTAIN, CONTRACTUAL MINING IS TAKING CENTER STAGE TO MEET THE EVER GROWING DEMAND FOR MINERALS.

INCREASING TREND OF CONTRACTUALIZATION OF MINING OPERATIONS RAISING CONCERN OVER THE SAFETY, HEALTH AND WELFARE STATUS OF THE CONTRACTUAL WORKERS.

Reasons for presenting approach paper

TENDENCY TO MANIPULATE THE PRESCRIBED SAFETY STANDARDS

TAKING SHORT CUTS FOR MAXIMIZING PROFITS.

LACK OF ADEQUATE TRAINING AND SAFETY AWARENESS OF THE CONTRACTUAL WORK FORCE IS ONE OF THE CONTRIBUTORY FACTORS FOR CREATING UNSAFE AND ACCIDENT POTENTIAL SITUATIONS IN THE MINES.

The challenges of contractual mining are –

This paper examines:-the Indian mining sector against the

backdrop of changes in the composition of the sector, problems and hazards of contractual mining in India,

the recommendations made in respect of OSH of contractor workers at previous (10th and 11th) National conferences on safety in mines

status of implementation and proposes strategies to improve safety and

health status of the contractual workers in mines.

THE AVERAGE DAILY EMPLOYMENT OF CONTRACTUAL AND REGULAR EMPLOYEES IN THE MINES DURING 2005 TO 2014 IS GIVEN IN TABLE-1 WHICH REVELS THAT THE AVERAGE CONTRACTUAL EMPLOYEES IN 2014 IN COAL, NON-COAL AND ALL MINES INCREASED TO ABOUT 300%, 150% AND 200% RESPECTIVELY OVER 2005.

THE TREND OF DEPLOYING CONTRACTUAL WORKERS IN THE MINES IS FURTHER INCREASING.

Contractual Mining in India

INCREASE IN CONTRACTUAL EMPLOYMENT Table 1: Average Daily Employment of contractual and regular employees in Mines

Year

Coal mines Non- coal mines All mines

Contract Employee

Regular Employee

Total Employee

Contract Employee

Regular Employee

Total Employee

Contract Employee

Regular Employee

Total Employee

2005 15,785 3,83,105 3,98,890 33,739 1,26,466 1,60,205 49,524 5,09,571 5,59,095

2006 17,560 3,68,145 3,85,705 23,023 1,34,281 1,57,304 40,583 5,02,426 5,43,009

2007 23,168 3,56,288 3,79,456 27,163 1,43,771 1,70,934 50,331 5,00,059 5,50,390

2008 25,222 3,44,192 3,69,414 26,643 1,53,018 1,79,661 51,865 4,97,210 5,49,075

2009 29,449 3,44,501 3,73,950 44,130 1,40,892 1,85,022 73,579 4,85,393 5,58,972

2010 30,847 3,39,291 3,70,138 48,606 1,43,634 1,92,240 79,453 4,82,925 5,62,378

2011 35,163 3,30,874 3,66,037 58,378 1,41,744 2,00,122 93,541 4,72,618 5,66,159

2012 39,538 3,18,976 3,58,514 60,873 1,42,036 2,02,909 1,00,411 4,61,012 5,61,423

2013 40,855 3,17,065 3,57,920 57,633 1,53,692 2,11,325 98,488 4,70,757 5,69,245

2014 47,772 3,08,132 3,55,904 51,563 1,56,293 2,07,856 99,335 4,64,425 5,63,760

2015 50,445 2,89,779 3,40,224 54,470 1,68,386 2,22,856 1,04,915 4,58,165 5,63,080

2016 54,394 2,85,055 3,39,448 51,445 1,72,693 2,24,138 1,05,839 4,57,747 5,63,586

2017 58,274 2,75,751 3,34,025 49,733 1,79,447 2,29,180 1,08,006 4,55,198 5,63,204

INCREASE IN CONTRACTUAL EMPLOYMENT IN COAL MINES

Company Name Regular Contract Total

Regular %

Contract %

CIL 01.02.17 280386 28319 308705 90.2 9.2NLC (2014) 15000 10000 25000 60% 40%

SCCL 56033 10800 66833 84 16

Total 351419 49119 400538 87.8% 12.2%

IN COAL INDIA ABOUT 61% PRODUCTION OF COAL AND 74% OF OB REMOVAL ACTIVITIES ARE CARRIED OUT BY CONTRACTORS THOUGH CONTRACTUAL POPULATION WHICH IS ABOUT 9.2%

IN SCCL ABOUT 15% COAL PRODUCED AND 81% OF OB REMOVAL BY OUTSOURCING AGENCIES THOROUGH CONTRACTOR’S WORKERS WHICH IS ABOUT 16%.

SIMILAR TREND IN OTHER SECTORS ARE ALSO GAINING ACCEPTANCE AS A MODEL OF MINING.

OVERCROWDING DUE TO PRESENCE OF LOW CAPACITY TRANSPORTATION VEHICLE CAUSING A MAJOR PROBLEM WHERE WORK IS OUTSOURCED.

INCREASING TREND OF CONTRACTUAL WORKS IN MINESGENERATED NEW CONCERNS ON SAFETY, HEALTH AND WELFARE OF THE WORKERS EMPLOYED BY THE CONTRACTORS.

THE ACCIDENT STATISTICS ALSO REVEAL THE FACT THAT THE PERCENTAGE OF INVOLVEMENT OF CONTRACTOR WORKERS IN FATAL ACCIDENT IS INCREASING IN MINES.

THE AVAILABLE DATA REVEAL THAT FATALITY RATE IN INDIAN MINES IS MORE IN CASE OF CONTRACT WORKERS THAN THE REGULAR EMPLOYEES.

TABLE-2 AND FIGURE-1 SHOW THE TREND OF FATALITY RATE OF REGULAR AND CONTRACT EMPLOYEES PER 1000 PERSONS EMPLOYED IN INDIAN COAL MINES.

Concerning Safety, Health & Welfare issues of Contractual workers

Accident scenario in Indian Coal Mines

Year Fatal

Accidents

Fatalities Serious

Accidents

Seriously

Injureds*

2013 77 82 456 468

2014 59 62 379 394

2015 54 55 302 316

2016 67 94 268 278

2017 58 63 183 188

2018 19 20 78 82

*Serious Injuries of fatal accidents are also included.

Note :Figures updated as on 31.05.2018 and figures for the year 2018 is provisional.

Accident scenario involving contractual workers

comparing regular employees

Year

No. of fatal accident with (fatalities)

Contract Regular Total

2015 15 (15) 39 (40) 54 (55)

2016 16 (18) 51 (76) 67 (94)

2017 23 (23) 35 (40) 58 (63)

2018 2 (2) 17 (18) 19 (20)

Table 2: Number of fatalities & fatality rates in coal mines during the year 2001-2018

No. of Fatalities Fatality Rate per 1000 Persons Employed

Year

Contract

Employees

Regular

Employees

All

Employees

Contract

Employees

Regular

Employees

All

Employees

2001 12 129 141 1.13 0.3 0.32

2002 5 92 97 0.44 0.22 0.23

2003 13 100 113 1.14 0.25 0.27

2004 6 90 96 0.51 0.23 0.24

2005 10 107 117 0.63 0.28 0.29

2006 15 122 137 0.85 0.33 0.36

2007 12 66 78 0.52 0.19 0.21

2008 22 71 93 0.87 0.21 0.25

2009 17 76 93 0.58 0.22 0.25

2010 23 95 118 0.75 0.28 0.32

2011 16 51 67 0.46 0.15 0.18

2012 20 63 83 0.51 0.2 0.23

2013 17 65 82 0.42 0.2 0.23

2014 7 55 62 0.15 0.18 0.17

2015 15 40 55 0.30 0.14 0.16

2016 18 76 94 0.36 0.26 0.28

2017 23 40 63 0.44 0.14 0.18

2018* 2 18 20 0.10 0.15 0.14

THE ACCIDENT STATISTICS ALSO REVEAL THE FACT THAT THE PERCENTAGE OF INVOLVEMENT OF CONTRACTOR WORKERS IN FATAL ACCIDENT IS INCREASING IN MINES. THE AVAILABLE DATA REVEAL THAT FATALITY RATE IS MORE IN CASE OF CONTRACT WORKERS THAN THE REGULAR EMPLOYEES. ANNEX

Trend of fatalities

Contractual workers

DG DGMS ACCIDENT ANALYSIS - edited final.doc

The graph shows that the fatality rate per thousandcontractual persons employed in coal mines is muchhigher than that of regular workers during 2001 to 2018.

INCREASING TREND OF FATALITIES IN OPENCAST MINES THAN IN BELOWGROUND MINES

TREND OF PLACEWISE FATALITIES IN COAL MINES

THE TREND OF INCREASE IN CONTRACTUAL WORKS IN MINES GENERATED NEW CONCERNS ON SAFETY, HEALTH AND WELFARE OF THE WORKERS EMPLOYED BY THE CONTRACTORS.

Contractual workers are vulnerable category contributing more number of accidents than their proportion. The rate of accident in case of contractor is 2.47 times more than regular worker during the period 2010-2016. Hence, vulnerability of contractual workers is a serious concern today.

PRIME FACTOR LEADING TO ACCIDENTS IN MINES CONSIDERED TO BE FATIGUE OF CONTRACTUAL WORKERS TAKING INTO LIVING CONDITION OF CONTRACTUAL WORKERS RESIDING IN CONTRACTOR’S CAMPS ESTABLISHED NEAR TO THE MINE IN RESPECT OF PROVISION OF DRINKING WATER, HYGIENIC FOOD, POOR MAINTAINED CANTEEN INCLUDING MEDICAL FACILITIES.

THUS IT IS THE NEED OF HOUR TO MAKE AN IMPACT ON ABOVE CONCERN ISSUES FOR PROVIDING BETTER WELFARE AMENITIES TO SAVE GUARD THE PRECIOUS HUMAN LIFE.

NON PROVISION OF WELFARE AMENITIES

SERIOUS CONCERN REGARDING CONGESTION OF WORKPLACE DURING LOADING AND UNLOADING DEPLOYING HUGE NO. OF LOW CAPACITY CONTRACTUAL TIPPERS AND PRESENCE OF LARGE NUMBER OF TIPPER DRIVERS AND HELPERS INCLUDING OUTSIDER TRUCKS, TO MEET THE REQUIREMENTS OF ACHEVING TARGET DISPATCH OF COAL THROUGH ROAD TRANSPORTATION WITHOUT CONSIDERING SPACE MANAGEMENT

CONGESITION OF WORKPLACE

REQUIRING SPACE MANAGEMENT

The photographs in reality shows constraints of space (Issue of Land), permitting/allowing parking of huge no. of contractual tippers in constraint small area either at weighment bridge area or loading/unloading area, requiring to think about space management to curb accidents in such vulnerable accident prone areas.

ACCIDENT ANALYSIS & ASSESSMENT

Most of the fatal accidents in coal mine are attended by one or more hazards as revealed from the analysis.

Different approaches are made to categorizing hazards with an ultimate aim to know what led to the accident and the resulting loss.

REVIEW OF ACCIDENT SCENERIO

Review of statistics of fatality and Examination of each of mine accident provides a clear picture of the most common causal factors and a better understanding of where to focus in improving efforts.

METHOD OF ACCIDENT ANALYSIS

• Every Fatal Accident have been analysed on major root cause basis considering various contributory factors leading to it.

• Every major root cause has been subdivided into lack of control, basic causes & immediate causes.

• Further subdividing each root cause into number of contributory factors which have attributed in leading to the accident, - Annex

DG ACCIDENT ANALYSIS.doc

Contributory factors leading to Accidents

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FINDINGS OF ACCIDENT ANALYSIS

➢Inadequate Leadership & Supervision falling under Job Factor of Basic Root Causes contributed 15% being the top most amongst total 30 contributory factors under various root causes.

Failure in Controlling

FINDINGS OF ACCIDENT ANALYSIS The other contributory factors in the trail behind:-

➢Employee Training & Task Observation (both falling under Lack of Control) to the tune of 14%,

➢Improper Motivation (falling under Personal Factor of Basic Causes) to the tune of 9%,

➢Improper Position for Task (Falling under Substandard Practices of Immediate Causes) to the tune of 8%

➢Lack of Knowledge (Falling under Personal Factors of Basic Causes) to the tune of about 7%,

Failure in improving Skill Development

It is envisaged that Contractual Mining is going to be the order of the day, definitely giving rise to problems of varied dimensions.

THE CONTRACT IS TEMPORARY IN NATURE AND CONTRACTOR TRIES TO COMPLETE THE JOB WITHIN STIPULATED TIME FRAME.

CONTRACTOR HAVE PURELY ECONOMIC MOTIVE AND THUS NOT CONCERNED WITH THE SOCIAL, ENVIRONMENTAL OR OTHER ACCOUNTABILITIES OF THE COMPANY AND HENCE HAVE NO COMMITMENT TOWARDS SOCIETY OR COUNTRY AT LARGE.

FINANCIALLY LESS SOUND

LACK IN TECHNICAL KNOWLEDGE.

THESE TYPICAL CHARACTERISTICS OF THE CONTRACTING SYSTEM GIVES RISE TO SEVERAL PROBLEMS.

OSH ISSUES OF CONTRACTUAL WORKERS

(1) SAFETY, HEALTH AND WELFARE OF CONTRACTOR’S WORKERS SHALL BE COMPLIED WITHIN TWO YEARS. OWNER, AGENT AND MANAGER SHALL BE RESPONSIBLE FOR ENSURING COMPLIANCE AT THEIR RESPECTIVE MINES.

(2) THERE SHALL BE PROVISIONS FOR MODIFICATIONS IN NOTICE INVITING TENDERS (NITS) TO FULFILL THE REQUIREMENT OF STATUTE/CIRCULARS ISSUED BY DGMS FROM TIME TO TIME SUBSEQUENT TO THE FINALIZATION OF NITS ALSO.

(3) THE CONTRACTOR SHALL NOT EMPLOY OR TERMINATE HIS WORKER WITHOUT THE KNOWLEDGE OF THE MINE MANAGEMENT.

(4) PAYMENT TO CONTRACTOR’S WORKERS INCLUDING LEAVE WITH WAGES SHALL BE MADE THROUGH BANK ONLY.

(5) IN CASE OF NON-ROUTINE TYPE OF WORK IN THE MINE A WORK-PERMIT SYSTEM, OUTLINING THE PRECAUTIONS LIKE SUPERVISION, SOPS, PERSONS RESPONSIBLE FOR THE JOB ETC., SHALL BE ADOPTED.

Recommendations made in 11th Conference on Safety, Health and Welfare of Contractual Workers

(6) EACH COMPANY SHALL FRAME A SAFETY, HEALTH AND WELFARE POLICY FOR THEIR CONTRACTOR’S WORKERS KEEPING IN VIEW THE REQUIREMENT OF MINES ACT AND RULES & REGULATIONS MADE THERE-UNDER. THE DETAILS OF THE POLICY SHALL BE INCLUDED IN THE TENDERDOCUMENT WHICH WILL BE A BINDING CLAUSE FOR THE CONTRACTOR.

(7) EACH MINING COMPANY SHALL EXTEND ALL BENEFITS INCLUDING MEDICAL FACILITIES AND PAYMENT OF WAGES, TO CONTRACTOR’S WORKERS RECEIVING INJURY WHILST ON DUTY. OWNER, AGENT AND MANAGER SHALL BE RESPONSIBLE FOR ENSURING COMPLIANCE AT THEIR RESPECTIVE MINES.

(8) MEDICAL FACILITIES SHALL BE EXTENDED TO CONTRACTOR WORKERS.

(9) CENTRAL GOVERNMENT SHOULD TAKE STEPS AGAINST NON-COMPLIANCE OF THE RECOMMENDATIONS OF THE NATIONAL SAFETY CONFERENCES.

Recommendations made in 11th Conference on Safety, Health and Welfare of Contractual Workers

RESPONSIBILITIES OF PRINCIPAL EMPLOYERS AS WELL AS RESPONSIBILITIES OF CONTRACTORS HAVE BEEN WELL DEFINED IN RESPECT OF IMPLEMENTATION OF THE RECOMMENDATIONS OF PREVIOUS NATIONAL CONFERENCE OF SAFETY IN MINES

SO FAR AS DIRECTION, CONTROL, SUPERVISION AND MANAGEMENT ARE CONCERNED, THE PRINCIPAL EMPLOYER HAS NO CONTROL OVER CONTRACTUAL AGENCIES IN RESPECT OF ADMINISTRATION,OPERATION, MAINTENANCE ETC INCLUDING PROVIDING WELFARE AMENITIES AIMING MEDICAL SUPPORT.

NON – IMPLEMENTATION

VERY LITTLE PROGRESS HAS BEEN MADE FOR INCORPORATING SUITABLE CLAUSES FOR ENSURING SAFETY OF PERSONS WHILE FRAMING NIT’S.

FAILURE IN MONITORING ALL ACTIVITIES OF CONTRACTORS IN COMPLIANCE WITH THE REQUIREMENT OF STATUTE, AND IMPLEMENTATION THEREOF.

IN VIEW OF ABOVE, STATUS OF IMPLEMENTATION OF RECOMMENDATIONS OF PREVIOUS NATIONAL CONFERENCES OF SAFETY IN MINES IN THIS REGARDS, DOESN’T REFLECT ANY FAVORABLE PICTURE.


FROM THE EXPERIENCE IT IS SEEN, THAT MINE OPERATING COMPANIES, IN MOST CASES, ARE EITHER CASUAL OR RELUCTANT IN IMPLEMENTING ANY SUCH RECOMMENDATIONS WHICH ARE NOT DIRECTLY YIELDING PRODUCTION OR NOT CONNECTED TO PROFIT.

WHEN REVIEWING COMPLIANCE STATUS OF THE RECOMMENDATIONS, IT IS OBSERVED THAT THE COAL SECTOR BEING THE ORGANIZED ONE HAS NOT IMPLEMENTED THE RECOMMENDATIONS FULLY.


NO SUBSTANTIAL PROGRESS TOWARDS IMPLEMENTATION OF THE RECOMMENDATIONS OF THE 10TH

CONFERENCE SUBSEQUENTLY THE 11TH

CONFERENCE ON SAFETY ON THE ISSUES RELATED TO CONTRACTOR WORKERS AND MEASURES TO IMPROVE THEIR CONDITIONS IN REGARD TO THE SAFETY, HEALTH & WELFARE, HAS BEEN MADE.

Strategies for Consideration

IT IS OFTEN OBSERVED THAT THE STANDARD AND QUALITY OF MEDICAL EXAMINATION AND VOCATIONAL TRAINING OF CONTRACTUAL EMPLOYEES ARE NOT AT PAR WITH THE REGULAR EMPLOYEES.

REQUIRING PROPER VOCATIONAL TRAINING OF THE PERSONS EMPLOYED IN MINES IS OF PARAMOUNT IMPORTANCE FOR IMPROVING SKILL AND WORKING IN SAFE MANNER.

SUITABLE MEDICAL SURVEILLANCE OF THE HEALTH OF EMPLOYEES IS EQUALLY IMPORTANT TO PREVENT ANY ADVERSE EFFECT ON HEALTH DUE TO HIS OCCUPATION.


THE ULTIMATE CONTROL AND RESPONSIBILITY OVER THE MINING OPERATIONS IN SAFE MANNER LIE WITH THE MINE MANAGEMENT.

BUT, THE MANAGEMENT IS OFTEN FOUND RELUCTANT TO EXERCISE SUCH CONTROL IN CASE OF OUTSOURCED OPERATIONS, LEAVING THE CONTRACTORS TO CREATE UNSAFE CONDITIONS WHICH INTURN JEOPARDIZES SAFETY AND HEALTH OF WORK PERSONS.


A strong mechanism may be thought of to have an direct

impact in order to address and resolve the OSH issues of

contractual workers to which the conference may consider

and recommend the followingstrategically mechanism to improve upon safety status

THE MANAGEMENT OF EVERY MINE SHALL FORMULATE A TIME-BOUND ACTION PLAN TO COMPLY WITH THE RECOMMENDATIONS MADE IN THE LAST TWO CONFERENCES WITHIN A PERIOD OF TWO TO THREE YEARS.

THE MANAGEMENT SHALL ALSO SET UP A SUITABLE MECHANISM TO IMPLEMENT THE ACTION PLAN WITHIN STIPULATED TIME-FRAME.

Earlier Recommendations to carry forward

THE MANAGEMENT SHALL ENSURE:-

PROPER EMPLOYEE TRAINING TO IMPROVE SKILL DEVELOPMENT

TASK OBSERVATION PROPER MOTIVATION PROPER POSITION FOR TASK

Thrust on Skill Development

SHOULD HAVE & ENSURE:-

MANAGEMENT LEADERSHIP WITH ACCOUNTABILITY, COMMITMENT,

ENSURING BY PROVIDING EFFECTIVE SUPERVISION AT WORKPLACES

Thrust on Control by Management over Contractual Operations

SELECTION OF CONTRACTOR’S MACHINERIES MATCH WITH THE PRODUCTION TARGET.

PREFERENCE OF HIGHER CAPACITY MACHINERIES WITH MINIMUM POPULATION TO AVOID OVERCROWDING FOR ENSURING SAFETY OF PERSONS.

THE NIT SHALL BE EXPLICITLY FRAMED INCORPORATING ABOVE TO AVOID DEPLOYMENT OF SMALL SIZE EQUIPMENT.

Machinery matching with production –Incorporation in NIT clause

NO CONTRACTUAL PERSON OR MACHINERY SHALL BE EMPLOYED/DEPLOYED AT THE DESIGNATED WORKPLACE IN THE MINE WITHOUT THE KNOWLEDGE AND APPROVAL OF MANAGER.

THE MANAGER SHALL FORMULATE AND IMPLEMENT A SUITABLE MECHANISM REQUIRING THE CONTRACTOR TO SUBMIT A LIST OF PERSONS WITH THEIR QUALIFICATION, EXPERIENCE, ETC. AND MACHINERY WITH TYPE, CAPACITY, MAKE ETC.

Prior approval of Employment/Deployment of contractual Persons /Machinery

BEFORE DEPLOYMENT OF HIRED CONTRACTUAL MACHINERY, MANAGEMENT SHALL ENSURE THAT THEY FULFILL THE REQUIREMENT OF ALL SAFETY FEATURES AS PRESCRIBED IN STATUTE/DGMS CIRCULARS ISSUED FROM TIME TO TIME.

THERE HERE SHALL BE PROVISIONS FOR MODIFICATIONS IN NIT’S TO INSERT CLAUSE ON ABOVE SUBSEQUENT TO THE FINALIZATION OF NIT’S.

Provisions for modification in NIT to fulfill the requirements of Statute/Circulars

MANAGEMENT SHALL CONSIDER SPACE MANAGEMENT WHILE ENGAGING OUTSOURCING AGENCIES FOR ROAD TRANSPORT DURING LOADING/ UNLOADING AVOIDING DENSITY OF FLEET AND CONGESTION OF WORKPLACE TO CURB ACCIDENTS IN SUCH LIMITED AND CONGESTED VULNERABLE AREAS.

Requiring to consider space management

SUBLETTING THE JOB BY PRINCIPAL CONTRACTOR SHALL BE AVOIDED

MAY BE INCLUDED IN NIT.

Avoiding Subletting the job by Principal Contractor & inclusion in NIT

REGISTER OF EMPLOYEES OF CONTRACTOR(S) MAY BE MAINTAINED BY CONTRACTOR(S) BUT THE ENTRIES THEREIN SHALL BE COUNTERSIGNED BY THE MANAGER OR AN OFFICER AUTHORISED BY HIM AND IT SHALL BE KEPT UNDER SOLE CUSTODY OF MANAGEMENT, WHEREAS THE ATTENDANCE REGISTER SHALL BE MAINTAINED BY THE MANAGEMENT TO ENSURE ENTRY OF ONLY AUTHORIZED PERSONS.

Register of Employees and Attendance Register -

Controlling Authority by Management

ACCEPTABLE LIVING CONDITIONS OF

CONTRACTUAL WORKPERSONS

PROVIDING BETTER WELFARE AMENITIES AND MEDICAL FACILITIES TO ENSURE ACCEPTABLE LIVING CONDITION TO SAVE GUARD THE PRECIOUS HUMAN LIFE.

BIOMETRIC ATTENDANCE SYSTEM SHALL BE MADE MANDATORY FOR THE CONTRACTOR’S WORK PERSONS DEPLOYED IN THE MINE.

Biometric Attendance System of Contractor’s Employee

FIXING ACCOUNTABILITY ON THE PART OF CONTRACTORS TO ENSURE OSH ISSUES OF THEIR CONTRACTUAL WORKERS “QUOTING”

Accountability of Contractor

under Regulation 39 of the Coal Mines Regulations, 2017

Contractor’s responsibility

Operators, regulating agency and workersrepresentatives have to play their roles in resolvingthe OSH issues of contractual workers by creatingan environment for -

➢Systematic , scientific approach

➢adopting Safety management system

➢Team work

➢Consultation

➢Use of technology

Above all top leadership commitment and respectto human dignity are key to success in OSH matter.

vision zero 64

Concern of all

OSH ISSUES OF CONTRACTUAL WORKERS

WE NEED YOUR SUGGESTIONS

TO IMPROVE SAFETY STATUS

Recommendations made in 10th Conference

• Suitable clauses (in consistence with risk of the work allotted) shall be included in tender document (including NITs) stating how the risk arising to men and material from the mining operation/operations to be done by the contractors shall be managed.

• Ensure that contractors are familiar with the relevant parts of the statutes, health and safety management system and are provided with copies of such documents prior to commencing work

Employer’s Responsibilities


• Ensure that contractor’s arrangements for health and safety management are consistent with those for the mine owner. All the rules, regulations and bye-laws as applicable to the mine owner are also applicable to the contractor. Details of the contractor’s workmen should be maintained in the owners Form-B register. Whereas as C, D & E registers for contractor men may be maintained independently by the owner and shall be kept in the mine office of the manager.

Employers Responsibilities


• Ensure that contracts are of longer period

(3 years), so that there is adequate scope of management of safety by the contractor.

• Ensure that contractors provide the machinery, operator and other staff with written safe procedures for the work to be carried out, stating clearly the risk involved and how it is to be managed.



• Monitor all activities of the contractors to ensure that contractors are complying with all the requirements of statute and the system related to safety. If found non-compliance of safety laws directing the contractors to take action to comply with the requirements and for non-compliance, the contractor may be suitably penalized. Clause to this affect may be a part of the agreement between the employer and the contractor



• Where a risk to health or safety of a person arises because of a non-compliance directing the contractor to cease work until the non compliance is corrected.



• Prepare written Safe Operating Procedure (SOP) for the work including an assessment of risk and safe methods to deal with it/them

• Provide copy of SOP to the person designated by the mine owner to supervise the contractor’s work

• Keep an up to date SOP and provide a copy of changes to a person designated by the mine owner

Contractors Responsibilities


• Ensure that all work is carried out in accordance with the Statue and SOP and for the purpose he may deploy adequate qualified and competent personnel for the purpose of carrying out the job in a safe manner.

• For work of a specify scope/nature, develop and provide to the mine owner a site specific Code of Practice (COP)



• Ensure that all sub-contractors hired by him comply with the same requirement as the contractor himself and shall be liable for ensuring the compliance all safety laws by the sub or sub-sub contractors.



• All persons deployed by the contractor for working in mine must undergo vocational training, initial medical examination, PME. They should be issued cards stating the name of the contractor and the work and its validity period, indicating status of VT & IME



• Every person deployed by the contractor in a mine must wear safety gadgets to be provided by the contractor. If contractor is unable to provide, owner, agent and manager of the mine shall provide the same.



• The contractor shall submit to DGMS returns indicating – Name of his firm, Registration number, Name and address of person heading the firm, Nature of work, type of deployment of work persons, Number of work persons deployed, how many work persons hold VT Certificate, how many work persons undergone IME and type of medical coverage given to the work persons. The return shall be submitted quarterly (by 10th of April, July, October and January) for contracts of more than one year. However, for contracts of less one year, returns shall be submitted monthly.



• An employee must, while at work, take reasonable care for the health and safety of people who are at the employee’s place of work and who may be affected by the employee’s act or omissions at work.

• An employee must, while at work, co-operate with his or her employer or other persons so far as is necessary to enable compliance with any requirement under the act or the regulations that is imposed in the interest of health, safety and welfare of the employee or any other person.

Employees Responsibilities

osh issues of contractual workers strategy to improve safety status · 2018-08-16 · 2011 16 51 67...

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