Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Safety and Health in Mines Convention, 1995 (No. 176) - Botswana (Ratification: 1997)

Article 3 of the Convention. Formulation, carrying out and periodic review of a coherent policy. Legislation. The Committee previously noted that the Government referred to the Mines, Quarries, Works and Machinery (MQWM) Act and Regulations, Cap. 44:02, and its process of review as giving effect to this provision of the Convention. In this respect, the Committee notes that this review is undertaken by the Mines, Quarries and Works Safety Committee (the MQWS Committee) established under section 5(1) of the MQWM Act, where the Government, employers and workers are represented. The role of the MQWS Committee is “to advise the Minister on the supervision to be exercised over mines, quarries and works, or anything or practice which affects or is likely to affect the safety, health or welfare of persons employed in or at mines, quarries and works”. With respect to this review, the Committee notes the copy of the Statutory Instrument No. 33/2005, transmitted by the Government in reply to the Committee’s previous request, amending the provisions of the MQWM Regulations on certain occupational safety and health issues. The Committee requests the Government to continue to provide information on the development, implementation and periodic review of its national policy on safety and health in mines, in consultation with the social partners, including through the MQWS Committee.

Article 4(2). Practical implementation of the Convention through technical standards. With reference to its previous request concerning the content of two technical standards developed by the Botswana Bureau of Standards, the Committee notes that BOS OHSAS 18001:2007 specifies the requirements for an occupational safety and health management system, to enable an organization to control its risks and improve its occupational safety and health performance, and BOS OHSAS 18002:2008 provides detailed guidelines for the implementation of BOS OHSAS 18001:2007.

Article 5(2)(d). Compilation and publication of statistics. Application in practice. With reference to its previous comments in which it requested the Government to provide information on the measures taken to address the number of accidents related to the handling of machinery, the Committee notes the Government’s indication that inspectors undertake regular inspections and provide advice to mining operators regarding corrective measures to be taken. The Government adds that inquiries into accidents and dangerous occurrences are carried out, that the report submitted to the mining operator contains instructions regarding the steps to be taken to prevent the recurrence of the accident, and that the operator must comply with the instructions and submit information on the remedial measures taken. Recalling that Article 5(2)(d) provides for the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences in mines, the Committee requests the Government to provide this statistical information. The Committee also requests the Government to continue to provide information on the inspection activities carried out in the mining sector.

Article 5(5). Plans of workings. The Committee previously noted that under regulation 578(1) of the MQWM Regulations, the manager shall ensure that plans are prepared and kept at the mine and that regulation 578(2) permits exemption from the provisions of sub-regulation (1), when the average number of persons employed is less than 100. It also noted the statement of the Government that in practice no exemptions have been granted for such mines and that all mines are inspected by the mine inspectorate periodically to ascertain compliance with regulation 578(1). The Government also indicated that additional measures will be taken to give effect to Article 5(5) in the context of the review process of the MQWM Regulations. Noting an absence of information in the Government’s report on the review process, the Committee requests the Government to take the necessary measures to ensure that the legislation provides that employers shall prepare before the start of operations and keep available at the mine site appropriate plans of workings in respect of all mines, including mines where less than 100 persons are employed. In the meantime, it requests the Government to continue to provide information on any exemptions granted pursuant to regulation 578(2) of the MQWM Regulations.

Article 13(1)(b). Right of workers to obtain inspections and investigations; Article 13(1)(d). Right of workers to obtain information relevant to their safety or health; Article 13(1)(e). Right of workers to remove themselves; Article 13(1)(f). Right of workers to collectively select safety and health representatives; Article 13(2)(b). Right of safety and health representatives to: (i) participate in inspections and investigations; and (ii) monitor and investigate safety and health matters; Article 13(2)(d). Right of safety and health representatives to consult with the employer on safety and health matters, including policies and procedures; Article 13(2)(f). Right of safety and health representatives to receive notice of accidents and dangerous occurrences; Article 13(3). Procedures for the exercise of the rights of workers and their safety and health representatives pursuant to Article 13(1) and (2); and Article 13(4). Protection against discrimination and retaliation. In its previous comments, the Committee noted the Government’s indications that effect was given to these provisions of the Convention in practice and that they would be taken into account in the review process of the MQWM Regulations. Noting that the Government does not provide any new information in this respect, the Committee once again requests the Government to take the necessary measures to ensure that the national legislation provides for all the requirements contained in the abovementioned provisions of the Convention.