CONTRACTUAL WORKERS STRATEGY TO IMPROVE SAFETY STATUS Reasons - - PowerPoint PPT Presentation

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 9.2 NLC (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 MINES GENERATED 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

The graph shows that the fatality rate per thousand contractual persons employed in coal mines is much higher 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

Con Contributo tributory y fac actor tors lea s leadin ding to g to Accid Acciden ents ts

10 20 30 40 50

Leadrership & Administration Management Training Planned Inspection Task Observations Emergency Preparedness Organizational Rules Employee Training Engineering Control Lack Of Knowledge Lac of Skill Improper Motivation Inadequate Leadership or Supervision Inadequate Engineering Inadequate Purchasing Inadequate Maintenance Inadequate Tools, Equipment, Materials Failure of warn Failure of Secure Making Safety Devices Inoperable Removing Safety Devices Using Defective Equipment Failing to Use PPE Properly Improper position for task Servicing Equipment in Operation Inadequte guards for Barriers Inadequate or Improper Protective Equipment Inadequate Warning System Fire & Explosion Hazards Poor House Keeping Disorder Inadequate Ventilation Failure of Maintain compliance with standrad for Personal Factors Job Factors Sub standrad Practices Sub Standard Conditions 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

2015( Till Sep) 2014 2013 2012

FINDINGS OF ACCIDENT ANALYSIS

➢Inadequate Leadership & Supervision falling under Job Factor

• f 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

• f 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

• f 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

• f 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 TENDER

DOCUMENT 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.

NON – IMPLEMENTATION

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.

NON – IMPLEMENTATION

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.

Strategies for Consideration

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.

Strategies for Consideration

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 following strategically 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

• ver 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

• f 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

• f the Coal Mines

Regulations, 2017 Contractor’s responsibility

Operators, regulating agency and workers representatives have to play their roles in resolving the OSH issues of contractual workers by creating an environment for -

➢Systematic , scientific approach ➢adopting Safety management system ➢Team work ➢Consultation ➢Use of technology

Above all top leadership commitment and respect to 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

• peration/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

• f such documents prior to commencing work

Employer’s Responsibilities

Recommendations made in 10th Conference

• 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

Recommendations made in 10th Conference

• Ensure that contracts are of longer period

(3 years), so that there is adequate scope

• f 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.

Employers Responsibilities

Recommendations made in 10th Conference

• 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

Employers Responsibilities

Recommendations made in 10th Conference

• 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.

Employers Responsibilities

Recommendations made in 10th Conference

• Prepare written Safe Operating Procedure

(SOP) for the work including an assessment

• f 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
• f changes to a person designated by the

mine owner

Contractors Responsibilities

Recommendations made in 10th Conference

• 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) Contractors Responsibilities

Recommendations made in 10th Conference

• 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.

Contractors Responsibilities

Recommendations made in 10th Conference

• 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

Contractors Responsibilities

Recommendations made in 10th Conference

• 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.

Contractors Responsibilities

Recommendations made in 10th Conference

• 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

• ne year. However, for contracts of less one year,

returns shall be submitted monthly.

Contractors Responsibilities

Recommendations made in 10th Conference

• 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