Consultant: Mine Health and Safety Legislation – Lesotho

REQUEST FOR EXPRESSION OF INTEREST

(ConsultingServices- Individual Selection)

Assignm ent Tittle: Mine health and safety Legal Framework ReviewConsultancy

Ref No.SATBHSS/MOH/C-009/2019/04

SATBHSSProject Issue Date: 24-04-2019

1.Background

The mining sector plays a huge role in the economic development of the country andis one of the identified focusing poverty reduction and job creation in line with the National Strategic Development Plan (NSDP). It directly contributes more than 8% to the GDP and the estimated growth over the short-term is projected to be over 10%.While a highly mechanized operation, which in its terms presents mechanical risks, it is also a significant employer. Most of the mining activities are situated in the mountainous areas presenting engineering and access challenges.

While physical injuries and accidents are not high, the relative size, impact and growth of the mining industry makes it a vital consideration for the country’s future economic and social p rogress. Thus warranting special attention to keep it a safe and healthy working environment. With this in mind, the Ministry of Mining embarked on formulating a policy for the sector thatculminated in The Minerals and Mining Policy 2015, which incorporates dimen sions elaborated in the SADC Mining Protocol and the Africa Mining Vision. The Policy makes it inherent to review the health and safety laws for the mining sector to conform to international standards.

The Commissioner of Mines and Geology, through the Department of Mines and Mine Inspectors, is the regulatory office for overseeing compliance with the Mine Health and Safety (MHS) legislation. Unfortunately, the legal framework is out-dated and irrelevant to today’s mining landscape, thereby making it a difficult tool for efficient and effective monitoring of the health and safety in mining activities.

It is imperative that areview of the Mine Safety Actis conducted and accordingly updated as necessary. Thus, the Ministry of Mining is looking to appoint a consultancy to:

1. Assess the institutional and legal framework for mine health and safety.
2. Review the Mine Safety Act1981 and develop a modern, all-encompassing health and safety legislation for the mining sector.
3. Formulate and integrate obligatory standards into the legislation to uphold the highest standards of mine health and safety.
4. Create forprovisions of health and safety guidelines in the legislation.

2. Objective

To develop a comprehensive legalframework to regulate occupational health and safety in the mining sector, and related activities including tunnelling, to combat the MHS risks posed by mining hazards.

3. Scope of Works

The study will comprise a literature review of the current lle thislative documents (laws and policies). The consultancy will be charged with assessing the gaps inherent in the system andapplica lity of those documents in the implementation of a new legislative framework. The exercise shall also include theassessment and ado ption of international conventions and standards on occupational health and safety in the mining sector. Aninference from past mini ng incidents and stakeholder meetings will be necessary in the formulation of the legislation as asolution to the risks associated with mining activities.

Under the supervision of the corresponding authority in theMinistry of Mining the consultancyshall be responsible for the following activities anddeliverables:

3.1.Activities

• Undertake a review and ga p analysis of existing policies, legislations and frameworks relevant to MHS regulation.
• Collect, review and analyse inter national, regional and national standards onMHS.
• Collect, review and analyse historic accidents and documented hazards tobring forth mitigationsolutions.
• Undertake stakeholder meetings to source more information and specific risks arising in the local miningenvironment.
• Assess, create and identify priority guidelines for efficient implementation of MHS legislation.
• Review and advice on the structural and institutional changes envisaged for the Department of Mines and incorporateas appropriate in the legislation.

Draft revised MHS legislation and regulations, benchmarking against international bestpractices, which clearly assert and define in terms of health and safety at the mines, but not essentially limited to:

• Employer’s Roles and Duties
• Employee’s Rights
• Codes of Practice
• Investiigative and to:
  administrative powers of the regulatory authority
  • Health and Safety Equipment Manufacturers andSupplier&rsquo li>
  • Employer/Employee coordination of Health and Safety at the mines
  • Health and safetystandards
    • Occu pational Exposure Limits
    • EngineeringParameters
    • Explosives
    • Machinery and Equipment
    • Q uality of Working Conditions andLocations
  • Provisions for guidelines
  • Offences and penalties
• Undertakestakeholder meetings for revision and validation of the draft legal framework.
• Provide rec ommendations for creation ofliaison bodies on health and safety.
• Assess and provide recommendations on the inspection too ls.

3.2.KeyDeliverables

• Report on the review and gap analysis on existing legislative tools.

Draft Mine Health andSafety Bill and Regulations.

• List of Guidelines and Codes of Practice.

4.Duration

The exercisehas a maximum timeframe of 6 months commencing upon signature of the contract.

5.Qualifications

• Relevantlegal and/or mining engineering qualifications at Master’s level and at least 5 years’ experience legal draftingskills.
• Knowledge of mining history, methods, and understanding the past and current processes involved.
• Knowledge of MHS legislation, standards and guidelines.
• Understanding mining hazards.
• Experience as a healthand safety officer in mines or as a consultancy for health and safety in mines of at least 10 years.
• Demonstrated experienn ae in the field of policy review and drafting.
• Demonstrated experience in developing legalinstruments.
• Research skills.
• Ability to communicate effectively

1. The attention ofinterested Consultants is drawn to parag raph 1.9 of the World Bank’s Guidelines: Selection and Employment of Consultantsby World Bank Borrowers, January 2011 (revised July 2014). (“Consultant Guidelines”), setting forth the WorldBank’s policy on conflict of interest.&nbs p;

4. Proposal Submission

Further information can beobtained at the address below during office hours 0800 to1630 hours from Monday to Friday. All applications should be in English and must be properly filled in and be couriered with the subject “Expression of Interest for“Mine Health and Safety Legal Framework Review” or hand delivered to the below address. Expressions of interest must be delivered in a written form to the address below in person, on or before 23rd May, 2019, 1200 hour Local time.

Attn: Procurement Specialist atProcurement Unit, Ground Floor, Ministry Of Health Headquarters ,Corner Constitution Road & LinareRoad P. O. Box 514, Maseru 100, Lesotho, Tel:(+266) 27323277/62474316