By: ENGR. RODOLFO L. VELASCO, JR. Mines and Geosciences Bureau Department of Environment and Natural Resources
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
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
www.mgb.gov.ph
Related Documents
