Analysis of the Ground Control Codes in the International Codes of the International Labour Organisa...
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Analysis of the Ground Control Codes in the International Codes of the International Labour Organisation. Prof. Kazem Oraee-Mirzamani Ph.D. University of Stirling, Scotland Arash Goodarzi M.Sc. Ministry of Mining and Social Affairs, Iran Nikzad Oraee-Mirzamani LL.B.

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Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

Analysis of the Ground Control Codes in the International Codes of the International Labour Organisation

Prof. Kazem Oraee-Mirzamani Ph.D.

University of Stirling, Scotland

Arash Goodarzi M.Sc.

Ministry of Mining and Social Affairs, Iran

Nikzad Oraee-Mirzamani LL.B.

Imperial College London Business School


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

: Total labor force comprises people ages 15 and older ≅3 Billion Persons

- 45 percent of those in the agriculture sector

- 35 percent of those in the service sector

  • 20 percent of those in the industrial

  • and mining sectors

Miners comprise one percent of the total labor force


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

Labour Demands

- Increasing wages

- Decreasing working hours

- Social security

- Professional stability

- Retirement

- Health and Safety at work


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

Leaders with evil ideologies committed many atrocities under the pretext of workers’ rights in recent history

The workers National socialist Party of Germany

The Communist Party of the Soviet Union

Коммунистическая Партия Советского Союза

National sozialistische Deutsche Arbeiter partei


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

Workers grouped together to achieve common goals such as better working conditions

Labour unions

Became popular in Europe during the Industrial Revolution


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

UK miners' strike (1984–1985)

The conflict between the National Union of Mineworkers and the Conservative Party


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

Could at times become

rather violent


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

270 million fatal and non-fatal work-related accidents every year

Two million people die every year

from work-related accidents and diseases

160 million people suffer from work-related diseases


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

In economic terms:

the ILO has estimated

4% of the world's annual GDP is lost as a consequence of occupational diseases and accidents


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

The exploitation of the small-scale mines is typically conducted

in remote and poor societies

… where relying on farming and other such occupations alone do not provide for an adequate living

Nearly 13 million people worldwide work in small-scale mining and an estimated 100 million depend on them for their livelihood

Up to 50% of this workforce are Women


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

According to the ILO

in recent years

small-scale mining accounted for 15-20%of the world’s non-fuel mineral production

Small-scale mining operations often operate illegallyand without any supervision of government authorities


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

The many potential risks involved makes mining very dangerous!

- machinery in enclosed spaces

- Gas explosions

- blasting operations

- rock falls


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

Unexpected movement of ground can potentially endanger lives, damage equipment or destroy property

Occupational accidents frequently occur with fatal consequences in developing countries with significant economic dependence on industries such as mining


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

The two major causes of fatalities:

Slope stability and Roof support accidents


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

China’s small-scale coalmines

employ roughly 2.5 million people

Official statistics:

6000 people die each year

Probably thousands more unreported in illegal and tacit operations

In Hunan Province, central China, for example, the government has closed some mines as many 20 times


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

Labour-intensive and extremely hazardous occupations are almost always governed by standardised work conditions

Properlegal and socialsupport with committed cooperation by governments, employers and workers organizations can turn unsafe work conditions into safe work

Implementing new laws along with strict adherence therewith would reduce such risks in the workplace


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

Safety and health in America’s mining industry has improved since 1978 when the Mine Safety and Health Administration (MSHA) began operating and implementing the provisions of the new Mine Safety and Health Act of 1977

  • Its regulations are imposed on mine operators through inspections

  • Number of US mining fatalities dropped sharply from 242 in 1977 to 53 in 2008

  • Legislation of appropriate technical laws


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

  • Agency responsible for reduction of accidents in mining by inspectionand other ways

  • The Act amends and consolidates all previous legislation embodying federal regulations for the mining industry

  • It strengthened and expanded miners’ rights

  • Enhanced the protection of miners from retaliation

  • Generally, occupational safety and health in the United States’ mining industry continues to improve


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

The International Labour Organization (ILO) is a specialised agency of the United Nations responsible for dealing with labour related issues

It was founded in order to advance opportunities for workers to obtain decent employment and promotion rights at work


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

International labour standards refer to Conventions and Recommendations adopted by the ILO

Conventions are international treaties that are legally binding on member states that have ratified them

Recommendations are advisory only


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

There are 188Conventions and 199Recommendations as yet (2010)

They cover a wide range of labour issues:

from basic human rights

to specific health and safetystandards for various industries


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

International labour standards are adopted by the annual International Labour Conference

The Conference is made up of member States, of which there are 183

The ILO has been involved in labour and social aspects of mining for over 70 years


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

The ILO’s Safety and Health in Mines Convention (No. 176) and its accompanying Recommendation (No. 183) were agreed in June 1995 and 24 countries have ratified the Convention hitherto


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

The countries that ratified Convention No.176


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

  • Burden is on member states

  • Describes generally the frame of laws and regulations

  • Employers and Employees’ rights and responsibilities

  • The only internationally agreed standard for safety and health in mines as workplaces


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

  • Major mining States have ratified the Convention

  • Laws and practices always exceed these basic standards

  • Whereas countries which implement older standards

  • Their regulations fail to deal with mining-specific needs


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

Convention to be incorporated by national laws and regulations, and supplemented by Codes of practice

Codes of Practice

The Codes of Practice are based on principles established in international instruments relevant to the protection of workers’health and safety


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

  • Primarily designed as a protective measures

  • Considered as ILO technical standards in occupational health and safety

  • Contain general principles and specific guidance which concern the surveillance of the working environment

  • ILO adopted more than 40 standards dealing with occupational safety and health, and over 40 Codes of Practice


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

Historically, mining has been one of the occupations with the highest levels of risk involved. The ILO prepared two Codes of Practice aiming to guide those responsible for improving standards of safety and to provide guidelines for the drafting of safety regulations for the coalmine industry and quarry opencast mines.


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

In order to maintain the stability of the ground in accordance with Article 7(c) of the Convention (No. 176)

employers shall take all necessary measures to eliminate or minimize the risks to safety and health in mines under their control, and in particular:

take steps to maintain the stability of the ground in areas to which persons have access in the context of their work


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

Paragraph 13 of the Recommendation (No. 183)

The employer should take all appropriate measures to:

(a) Monitor and control the movement of strata;

(b) As may be necessary, provide effective support of the roof, sides and floor of the mine workings, except for those areas where the mining methods selected allow for the controlled collapse of the ground;

(c) Monitor and control the sides of surface mines to prevent material from falling or sliding into the pit and endangering workers;

(d) Ensure that dams, lagoons, tailings and other such impoundments are adequately designed, constructed and controlled to prevent dangers from sliding material or collapse


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

In accordance with Paragraph 16 of the Recommendation (No. 183)

“the particular hazards referred to in Article 7(g) of the Convention requiring an operating plan and procedures might include: …rock falls; susceptibility of areas to seismic movements; hazards related to work carried out near dangerous openings or under particularly difficult geological circumstances…”

  • Therefore the Convention and Recommendations…

  • generalize ground control issues

  • do not contain any technical recommendation for improving national laws

  • Are mere proposed the Codes of Practice


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

The application of legal procedures is the best method to protect against the accidents and encourage the improvement of safety and health in mining


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

“codes of practice are not intended to replace national laws or regulations or accepted standards…”

but where national standards do not exist or are insufficient, the employers and employees should give consideration to international standards

Drawing up national legislation, regulations and safety standards on ground control requires

expert, knowledge, experience, and skills

which exist with a lower standard in many developing countries


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

A generalized procedure is replicated in the Codes of Practice for mining which are prepared by ILO for opencast mines and coalmines. The Codes of Practice should be developed to encourage the use of existing laws such as the Convention (No. 176) and Recommendation (No. 183)

+

The Codes of Practice only contain the main requirement of the mining safety in national regulations relating to ground control and mine stability or other matters under the existing conditions


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

Guidelines are sufficient in developed countries

whereas in developing countries where laws do not possess sufficient regulatory powers, such mere Codes are inadequate and do not oversee the effectiveness of the subject country’s regulations


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

Technical cooperation by developed countries to develop the framework of international organizations such as the ILO could help promote good legislation in the developing countries and help their progress through the reduction of occupational accidents


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

Should include instructions on:

- designing

- installing

- Monitoring

- withdrawing

of supporting systems in mines (rock bolts, frames, arches and etc.)

Detailed instructions on ground control and stability in mines, is crucial and constructive for developing countries


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

Developing mining safety regulations for each country individually on an international scale is not possible

  • Numerous differences between the safety standards of a developed country and that of a developing country

  • Standards could be incomparable, despite being signatories to the same convention

  • Arbitrary measures are deemed ineffective and are bound to fail


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

  • Ranking system

  • Regulation according to the adequacy of domestic safety standards and dominant technology

  • Groups

  • A single comprehensive Convention for each group

  • Ensure adherence to the legislations


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

Standards proportional to mining technology utilised and outlook toward prioritising the safety of mining operations


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

The Codes of Practice have no special regard for ground control and stability of mines.

The whole chapter relating to roof and walls support only comprises 6 out of 199 pages in the Code of Practice on Safety and Health in Underground Coalmines


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

Powered supports:mechanised underground mining; not in developing countries

the chapter on roof and walls support in the Code of Practice on Safety and Health in Underground Coalmines focuses for the most part on powered support safety regulations


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

Must also be up to date with global changes in technology

  • Code on Coalmines updated after 20 years in 2006

  • Code on Opencast Mines not been updated since 1991


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

Conclusions

Enforcement is key to business sustainability

Enacting regulations and laws, reporting systems of safety and accidents in many developing countries are poor


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

Understanding of occupational safety and health in developing countries

  • India reports 222 fatal accidents

  • Czech Republic (note working population of about 1% of India) reports 231

  • Estimates state the true number of such accidents in India is 40,000


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

ILO must increase technical assistance to member States to strengthen their response to safety at and throughout the workplace

High expectations from an international organization with an annual budget of more than $200 million


Prof kazem oraee mirzamani ph d university of stirling scotland arash goodarzi m sc

Thank you very much.


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