Você está na página 1de 26

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
Audit

Monitoring

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 Chapter XV, Chapter XIX, Section 110 of RA 7942 – PhP
Safety and Health Section 144 of 5,000.00
Program DAO 2010-21
Chapter XVII, Section 95 of RA 7942 –
Suspension/Cancellation of Permit/Agreement

Late submission of Chapter XV, Chapter XVI, Section 88, Rule No. 1209 of
Safety and Health Section 144 of DAO 2000-98
Program DAO 2010-21
Basic Fine Daily
1st Violation PhP 1,000.00 PhP 10.00
2nd Violation PhP 2,000.00 PhP 20.00
3rd Violation PhP 3,000.00 PhP 30.00
Failure to submit/ Chapter XV,
report fatal and Section 155 of Chapter XVI, Section 88, Rule No. 1209 of
serious accidents to DAO 2010-21 DAO 2000-98 – PhP 10,000.00
concerned RO within
15 days after the date
of the accident
Penal Provisions of the RA 7942
and DAO 2000-98
Violations Legal Basis Penalties

Failure to give Chapter XV, Chapter XVI, Section 88, Rule No. 1209 of
notice to the Section 155 of DAO 2000-98 – PhP 5,000.00
concerned RD DAO 2010-21
within 24 hours of
any fatal and non-
fatal serious injuries
Late submission of Chapter XV, Chapter XVI, Section 88, Rule No. 1209 of
Monthly Safety and Section 155 and DAO 2000-98
Health Reports Section 162 of
DAO 2010-21
Basic Fine Daily
1st Violation PhP 1,000.00 PhP 10.00
2nd Violation PhP 2,000.00 PhP 20.00
3rd Violation PhP 3,000.00 PhP 30.00
Violations of provisions Chapter XVI,
of DAO 2000-98 Section 88, Rule PhP 1,000.00
No. 1209 of DAO
2000-98
Penal Provisions of the RA 7942
and DAO 2000-98
Violations Legal Basis Penalties
Repeat violation of Chapter XVI, PhP 2,000.00
the same provisions Section 88, Rule
as based on No. 1209 of DAO
inspection reports 2000-98

Non-compliance with MPSA Terms and Section XV of MPSA Contract –


the terms and Conditions Suspension/Cancellation of Permit/Agreement
conditions of the
Mineral Production
Sharing Agreement in
connection with mine
safety and health
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

Você também pode gostar