ENGR. RODOLFO L. VELASCO, JR. - OSHCoshc.dole.gov.ph/images/Files/Reports and Proceedings/Session_9c...Penal Provisions of the RA 7942 and DAO 2000-98 Violations Legal Basis Penalties

By:

ENGR. RODOLFO L. VELASCO, JR.

Mines and Geosciences Bureau

Department of Environment and Natural Resources

• Republic Act No. 7942 - the Philippine Mining

Act of 1995

• DENR Administrative Order No. 2010-21 –

Revised Implementing Rules and

Regulations

DENR Administrative Order

No. 2000-98

• DENR Administrative Order (DAO) No. 2000-

98, or the “Mine Safety and Health

Standards” was created pursuant to Section

8 of Republic Act No. 7942, otherwise known

as the “Philippine Mining Act of 1995” and

DAO No. 2010-21, its revised implementing

rules and regulations.

Objectives of DAO 2000-98

1.To promote a culture of safety and health;

2.To provide for the strict enforcement of

safety and health measures;

3.To provide for effective monitoring systems,

inspections, investigations and inquiries to

improve health and safety;

4.To establish tripartite linkages in promoting

safety and health matters;

Objectives of DAO 2000-98

5.To promote training and human resources

development;

6.To comply with the international law

obligations of the government relating to

mine safety and health.

Scope and Coverage

The Order shall govern all employers,

employees, contractors, permittees, service

contractors and other entities engaged in

any exploration, mining, quarrying, mineral

processing and other allied or related

operations.

Implementation of DAO 2000-98

Monitoring

Audit

Inspection

Good Practices on Mine Safety

and Health

Proper Benching

Good Practices on Mine Safety

and Health

Good Housekeeping

Good Practices on Mine Safety

and Health

Refuge Chamber in Underground Mining Operation

Good Practices on Mine Safety

and Health

Personal Protective Equipment

Good Practices on Mine

Safety and Health

Toolbox meetings

Good Practices on Mine Safety

and Health

Emergency Drills

Good Practices on Mine Safety

and Health

Safety Incentives

Penal Provisions of the RA 7942

and DAO 2000-98

Violations Legal Basis Penalties

Non-submission of

Safety and Health

Program

Chapter XV,

Section 144 of

DAO 2010-21

Chapter XIX, Section 110 of RA 7942 – PhP

5,000.00

Chapter XVII, Section 95 of RA 7942 –

Suspension/Cancellation of Permit/Agreement

Late submission of

Safety and Health

Program

Chapter XV,

Section 144 of

DAO 2010-21

Chapter XVI, Section 88, Rule No. 1209 of

DAO 2000-98

1st Violation

2nd Violation

3rd Violation

Basic Fine

PhP 1,000.00

PhP 2,000.00

PhP 3,000.00

Daily

PhP 10.00

PhP 20.00

PhP 30.00

Failure to submit/

report fatal and

serious accidents to

concerned RO within

15 days after the date

of the accident

Chapter XV,

Section 155 of

DAO 2010-21

Chapter XVI, Section 88, Rule No. 1209 of

DAO 2000-98 – PhP 10,000.00

Penal Provisions of the RA 7942

and DAO 2000-98

Violations Legal Basis Penalties

Failure to give

notice to the

concerned RD

within 24 hours of

any fatal and non-

fatal serious injuries

Chapter XV,

Section 155 of

DAO 2010-21

Chapter XVI, Section 88, Rule No. 1209 of

DAO 2000-98 – PhP 5,000.00

Late submission of

Monthly Safety and

Health Reports

Chapter XV,

Section 155 and

Section 162 of

DAO 2010-21

Chapter XVI, Section 88, Rule No. 1209 of

DAO 2000-98

1st Violation

2nd Violation

3rd Violation

Basic Fine

PhP 1,000.00

PhP 2,000.00

PhP 3,000.00

Daily

PhP 10.00

PhP 20.00

PhP 30.00

Violations of provisions

of DAO 2000-98

Chapter XVI,

Section 88, Rule

No. 1209 of DAO

2000-98

PhP 1,000.00

Penal Provisions of the RA 7942

and DAO 2000-98

Violations Legal Basis Penalties

Repeat violation of

the same provisions

as based on

inspection reports

Chapter XVI,

Section 88, Rule

No. 1209 of DAO

2000-98

PhP 2,000.00

Non-compliance with

the terms and

conditions of the

Mineral Production

Sharing Agreement in

connection with mine

safety and health

MPSA Terms and

Conditions

Section XV of MPSA Contract –

Suspension/Cancellation of Permit/Agreement

Common Violations Committed

by Mining Companies

• Non-submission/late submission of reportorial requirements

• Failure to strictly implement wearing of PPE

Common Violations Committed

by Mining Companies

• High walls and improper benching

Common Violations Committed

by Mining Companies

• Failure to conduct quarterly emergency drills

• Failure to strictly implement smoking policy

Common Violations Committed

by Mining Companies

• Poor housekeeping

Common Violations Committed

by Mining Companies

• Failure to provide machine guards for moving equipment

Challenges

• Not all MGB Regional Offices (RO) enforce penalties for

violating the provisions of the Mine Safety and Health

Standard

• Amount of penalties are too small that companies will

choose to pay it instead of spending for mitigating

measures

• Some provisions of DAO 2000-98 needs to be updated to

cope with the latest technology

• Violations are mostly committed by service contractors

Recommendations

• Standardize the monitoring system of MGB RO to

include penal provisions of the law

• Increase penalties for violating the provisions of the

law

• Review and revise the standards to keep it updated

with the new mining and milling technologies.

• Implement the Service Contractor Accreditation

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