1

NAME-PRABHU PRASAD ROUT

ROLL NO-117MN0670
ASSIGNMENT-1
SUBJECT-MINE LEGISLATION AND SAFETY (MN-3202)
FACULTY-PROF. D S NIMAJE

1. Following facilities provided during “Occupational health survey” in Indian coal mines:

a) The Chief Inspector or an Inspector or other officer authorized by him in writing in this
behalf, may at any time during the normal working hours of the mine or at any time by
day or night as may be necessary undertake occupational health survey in a mine after
giving notice in writing to the manager of the mines and the owner, agent or manager of
the mine shall afford all necessary facilities (including facilities for the examination and
testing of plant and machinery for the collection of samples and other data pertaining to
the survey and for the transport and examination of any persons employed in the mine
chosen for the survey) to such Inspector or officer.

b) Every person employed in a mine who is chosen for examination in any occupational
health survey shall present himself for such examination and at such place as may be
necessary and shall furnish all information regarding his work and health in connection
with the said survey.
The time spent by any person employed in a mine who is chosen for examination in the
occupational health survey, shall be counted towards his working time, so however that
any overtime shall be paid at the ordinary rate of wages.

c) Any person who, on examination is found medically unfit to discharge the duty which he
was discharging in a mine immediately before such presentation shall be entitled to
undergo medical treatment at the cost of the owner, agent and manager with full wages
during the period of such treatment.

d) If, after the medical treatment, the person is declared medically unfit to discharge the
duty which he was discharging in a mine immediately before absenting himself from the
said examination and such unfitness is directly describable to his employment in the
mine before such presentation, the owner, agent and manager shall provide such person
with an alternative employment in the mine for which he is medically fit :

e) Provided that where no such alternative employment is immediately available, such

person shall be paid by the owner, agent and manager disability allowance determined in
accordance with the rates prescribed in this behalf;
f) Provided further that where such person decides to leave his employment in the mine, he
shall be paid by the owner, agent and manager a lump sum amount by way of disability
compensation determined in accordance with the rates prescribed in this behalf.
 2

g) The rates shall be determined having regard to the monthly wages of the employees, the
nature of disabilities and other related factors.

Suggested improvements required:

a) National laws should specify the conditions governing medical surveillance and examination
including audiometric testing of mineworkers, and should indicate the intervals at which they
are performed.
b) A person should undergo an approved medical examination prior to the commencement of
employment in an opencast mine.
c) Workers who so request should have personal health examinations following exposure to
potentially hazardous conditions by an appropriately qualified medical practitioner of their
choice.
d) Individual medical records shall be kept confidential, only open to the relevant medical staff,
unless the worker has explicitly consented in writing to the release of all or part of such
information.
e) All medical examinations required under this section should be provided free of charge by the
mine operator.

2. In order to improve safety standards of mines, the ‘Safety Committee’ formed under
Mines Rules 1955 have to adopt necessary functions:

 It discusses remedial measures against the unsafe conditions and practices in the mine
as pointed out in the reports of Workmen’s Inspector or otherwise brought to the
notice of the Committee and make appropriate recommendations;
 It considers, before commencement of operations in any new district of mine or
commissioning of new electrical or mechanical installation or introduction of new
mining technique, the proposed Safety and health measures including related codes of
practice and to make appropriate recommendations;
 It discusses the report of inquiry into accident and make appropriate recommendations;
 It formulates and implement appropriate Safety campaign based on analysis of
accidents;
 It meets at least once in 30 days to consider the matter placed before it and any other
matter that may be raised by the members and make such recommendations as it may
deem fit; and
 It serves as a forum for communication on Safety and occupational health matters.

3. In order to carry out inspection of the mine on behalf of the workers employed therein,
Workmen’s inspector, one each for mining operations, electrical installations and mechanical
installations should be employed as per Mines Rules 1955.
 3

The functions of the Workmen’s Inspector shall be:

 To inspect all shafts, inclines, roads, workplaces and the equipment thereat
including the equipment for conveyance and transport of workers;
 In case of any urgent and immediate danger that comes to his notice:

a. to inform the manager and the Inspector about the same; and

b. to suggest remedial measures necessary to avoid the danger .

 To accompany the Inspector in the course of complete inspection of the mine
and also during such other inspections as may be considered necessary by the
Inspector.
 The Workmen’s Inspector shall record a full report of the matters ascertained
as a result of his inspection in an interleaved paged and bound register kept for
the purpose in the mine in Form U.
 The Workmen’s Inspector making the entry in the register aforesaid shall
duly sign such entries with date and take a copy of the entries for his
record.

In order to make the Workmen’s Inspector more effective, here I have laid down few
necessary points:

 In the very beginning of his appointment, his role and functions should be made very
specific according to any particular mine and associated workplaces and this should be
laid down by the chief Inspector in the presence of the Mine’s manager.
 All the workers along with the mine sirdar and the overman associated with any
particular job should abide by the advices of the workmen’s inspector immediately during
his inspection.
 It is the duty of every individual appointed at any workplace to report the concerned
Workmen’s inspector if he found any hazard associated with
machine/job/practices/locations.

4. In order to increase effectiveness of the Safety Committee, these following points should
be taken into account:

 Open participation to all employees. All departments should be represented. This should
include office staff.
 Assign specific responsibilities to all committee members.  Members can be assigned the
responsibility to research information and develop policies and procedures reporting back
to the committee. Always establish dates for the member to complete the task.
 the meeting schedule will be driven by safety problems identified, new policies needed,
and the introduction of new equipment or accidents that indicate a change in the safety
program is needed.
 4

 Whenever possible, pre-schedule meetings.

 Prepare an agenda.
 Encourage safe practices among workers.

5. Duties of manager during emergency:

 When there occurs in a mine any accident resulting in serious bodily injury or loss of
life to any person or any dangerous occurrence the manager shall, as soon as
possible, inspect the site of the accident or the dangerous occurrence, as the case may
be ,and shall also ,either himself or through an assistant manager, have an inquiry
made into the cause and circumstances attending the same and the result of every
such enquiry along with a plan and sections and, wherever practicable, a photograph
or photographs of the site of the accident or dangerous occurrence showing details,
shall be recorded in a bound paged book kept for the purpose and a copy thereof shall
be furnished to the Chief Inspector and Regional Inspector within fifteen days of the
accident.
 The manger may suspend or take such disciplinary action against any employee for
contravention of any of the provisions of the Act or the regulations and orders made
there under.
 Any other accident which may be prescribed, the manager of the mine shall give notice
of the occurrence to such authority in such form and within such time as may be
prescribed, and he shall simultaneously post one copy of the notice on a special notice-
board in the prescribed manner at a place where it may be inspected by trade union
officials, and shall ensure that the notice is kept on the board for not less than fourteen
days from the date of such posting.
 In case of an involving serious risk to the safety of the mine or of persons employed
therein or in case of an accident, where actual or apprehended, of in case of any act of
God or in case of any urgent work to be done to machinery, plant or equipment of the
mine as the result of break-down of such machinery, plant or equipment, the manager
may permit persons to be employed in contravention to work as may be necessary to
protect the safety of the mine or of the persons employed therein.
 Provided that in case of any urgent work to be done to machinery, plant or equipment
under this section, the manager may take the action permitted by this section, although
the production of mineral would thereby be incidentally affected. It shall be so taken shall
not exceed the limits necessary for the purpose of avoiding serious interference with the
ordinary working of the mine.
 5

6. A. Duties and responsibilities of owners

Suggested improvements:

o He should make such financial and other provisions – for example providing appropriate
tools, equipment and materials as may be necessary to ensure that the mine is managed
and worked in good conditions of occupational safety and health.
o He should ensure that mines' machinery, equipment, substances, processes and systems
of work are reasonably practicable, safe and without risk to health.
o He should not interfere with the technical management of a mine unless he is a
competent person and unless appointed to a position superior to the manager.
o He should provide the necessary facilities to enable the workers' representatives to carry
out their inspections and investigations and other functions prescribed by legislation and
regulations.
o Where mining is carried out in areas of the world prone to natural disasters, he should
make provision in the design and operation of the mine to minimize the risks inherent in
these areas.
o In the appointment of officials the following provisions should be observed:

a) The mine operator should appoint a mine manager to be responsible for ensuring
that the operation, technical direction and daily personal supervision of the mine
complying with national legislation.
b) The mine operator should appoint a sufficient number of assistant managers as
may be appropriate to secure compliance with national laws or regulations.
c) Operators of mines utilizing power plant and other electrical machinery should
appoint a competent person to have charge of the plant and machinery.
o The mine operator should notify the competent authority of every appointment made in
the technical management of the mine.
o No person should be appointed to or take part in the technical management of a mine
unless he is qualified to do so in accordance with national laws or regulations.
o The mine operator should notify the workers of the proposed closure of a mine,
indicating if the closure is temporary or permanent.
o Any appointment or delegation of authority made under the terms of this code should not
remove or diminish the duty of the mine operator to ensure the occupational health and
safety of all persons employed at an opencast mine.

B. Statutory “Records & Registers”

Its adequacy of safety statute:

 Storing required records and maintaining registers in the old format of “ink and paper” is
not at all safe, this could be torn, wasted, lost or erased over period.
 The old format of maintaining attendance registers could be manipulated.
 6

 It is very difficult to maintain records and details of ex-employees, which may be

required at any time.

Suggested improvements required:

 The 5 types of combined registers required to be maintained:

i. Employee Register
ii. Wage Register
iii. Register of Loan/Recoveries
iv. Attendance Register
v. Register of rest days/ Leave account of employees/ Leave with wages

 For attendance, biometric system of register should be implemented with each

entry and exit of mine, so that exact working hour of each employee could be
calculated and with this system, it is easier to locate who are exactly present
inside the mine.
 “Ink and paper” system should be replaced by “digital and electronics” form, so
that large amount of data can be stored, accessed and analyzed whenever
required.
 Original photo copy of every record should be stored in image format and its
translation should be made in every possible language whichever is understood by
most (eg. English, hindi and regional language).
 To prevent piracy, deletion and manipulation of original records, all these original
records and register should be updated regularly and protected in a very malware
protected system and should be accessible to only one authorized person
appointed for such.

C. Duties and responsibilities of Manager

Suggested improvements:

 The mine manager should be responsible for the observance and enforcement of all
safety and health laws and rules laid down in national laws or regulations.
 The mine manager may assign persons to assist the latter in the discharge of his duties
only in so far as:
a) Such persons are duly qualified and have been appointed in accordance with
national laws or regulations.
b) Their duties and responsibilities have been clearly defined in instructions given
them in writing.
c) They have been given all the necessary facilities for carrying out these instructions
and all other orders given them.
 7

d) An adequate and formal system of supervision and control has been instituted and
maintained by the mine operator and the manager.
 The manager should appoint a competent specialist to supervise the design, construction
and maintenance of all mine tips, dams, lagoons or other major structures and to ensure
their safe operation.
 The manager should appoint a responsible official who should at all times be in charge of
the mine on shifts when neither the manager nor an appointed deputy is present at the
mine.
 The manager of every mine should take such steps as are necessary to secure that a
sufficient supply of suitable materials and appliances is at all times readily available for
ensuring compliance with national laws or regulations.
 The manager of every mine should cause to be carefully investigated any representation
or complaint about any matter affecting the safety or health of the persons employed at
that mine.
 The manager of every mine should ensure that a competent person inquires' into the
cause and circumstances attending fatal accidents, serious personal injuries and
dangerous occurrences in the mine. The report of every such inquiry should be available
at the mine office.
 The manager of every mine should make and ensure the implementation of arrangements
whereby a correct record of the names of all persons entering and leaving the mine is
made; the arrangements should also provide for recording the workplace of the
individual.
 The manager of every mine should ensure that:
a) There is in force a scheme, in respect of all mechanical and electrical apparatus and
equipment which provides for the systematic examination and testing of all
mechanical and electrical apparatus to ensure proper maintenance thereof, and
b) Such other schemes are prepared as are required by this code.
o The manager may appoint such assistant managers as may be necessary to ensure the
application of certain of his duties.

7. Improvements required in the provisions of CMR 2017 for opencast workings:

 Formulating and Implementing of Mine-specific Traffic Rules.

 Formulating and implementing Code of Practices for HEMM Operators, Maintenance
staff & others.
 Practicing sensitization training of Contractor’s Workmen involved in contractual jobs.
 Imparting training to dumper operators on Simulators.
 Providing lighting arrangement using high mast towers for enhancing illumination as per
stipulated guidelines.
 Deploying eco-friendly Surface Miners for blast free mining that avoid associated risks.
 8

 Dumpers should be fitted with Proximity Warning Devices, Rear view mirrors and
camera, Audio-Visual Alarm (AVA), Automatic Fire Detection & Suppression System
(AFDSS) etc.
 Ergonomically design seats & AC Cabins for operators’ comfort.
Wet Drilling & water Sprinklers for dust suppression.
 Using shock Tubes & Electronic Detonators for control of ground vibration & fly rocks.
Using GPS based Operator Independent Truck Dispatch System (OITDS) in large OCPs
for tracking movement of HEMMs inside OC mine.
 Develop suitable Training modules based on the concept of Risk Management for all
mining and allied operations and revamping of existing.
 Adopting concept of “Take Responsibility for Accident Prevention” (TRAP) for tangible
reduction in operation related incidences.
 Formulating and implementing of Disaster Prevention Strategy to avert occurrence of
any disaster in future.
 Taking up of different R&D Projects in collaboration with Scientific & Technical
Institutes in the thrust areas of Safety & Conservation.