mining law case study

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NISKARSH MINARE 2K16 By- Abinash Swain 3 rd year B.Tech, Mining Engineering, NIT Rourkela

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Page 1: Mining law case study

NISKARSHMINARE 2K16

By- Abinash Swain3rd year B.Tech, Mining Engineering, NIT Rourkela

Page 2: Mining law case study

Problem Statement :• In a deep underground mining, gas explosion took place.

The explosion was most likely caused by sparks from equipment, ignited a pocket of flammable methane gas.

• The flames were self sustaining due to clouds of coal dust raised by the explosion and accompanying shock waves. Many miners were killed in the explosion and trapped under debris produced by the shock waves.

• The barrier separating the working mine with the old waterlogged are was damaged due to shock wave blast. A large volume of water suddenly gushed in the working mine from the old waterlogged area.

• The rescue operation started immediately but failed to save any life. Many high officials were suspended due to their ignorance in safety practices.

Page 3: Mining law case study

Tasks for the event :• Short analysis on this accident • View regarding the officials responsible for

the accident• Compensations and laws that are inferred

to the accident • The safety practices that were ignored

during operation• If I were a panel member of decision

making committee!

Page 4: Mining law case study

Analysis of the Accident :

1- Prime cause of the explosion-Sparks from the equipment.2- Methane Layer catching the spark3- Coal dust adding to the explosion4- Inundation from a neighboring underground working5- Failure of the rescue team

Page 5: Mining law case study

Safety Practices ignored:

1- For spark in the equipment: “CMR 1957” says:

“ A competent person shall, once at least in every month, examine all the equipment, material and arrangements provided for fire-fighting and shall discharge and re-fill the fire extinguishers as often as may be necessary to ensure that these are in proper working order.”

Page 6: Mining law case study

Safety Practices ignored: (cont. )

2- Methane Layer Catching fire: “CMR 1957” says: “ Duty of the ventilation officer should to be conversant with the wider practical aspects of pit ventilation such as effects of leakage on the distribution of air in ventilation districts, varying rates of emission of methane and possibility of occurrence of gas outbursts, effects of approaching geological disturbances, methane layering and its removal, sealed off areas and effects of drop in barometric pressure etc.”

CMR 1957, chapter V: duties of workmen

Page 7: Mining law case study

3- Coal Dust adding to Explosion: “CMR 1957” says:

“ Duty of the ventilation officer should to be to take necessary steps for proper cleaning, treatment and suppression of coal dust in the mine and see that the arrangements for wet cutting at the faces and water spraying at and within 90 metres of the working places are properly installed and function satisfactorily”

CMR 1957, chapter V: duties of workmen

Page 8: Mining law case study

4- Inundation from a neighboring mine: “CMR 1957” says:

“Proper provision shall be made in every mine to prevent irruption of water other liquid matter or any material that is likely to flow when wet from the workings of the mine the same mine or of an adjoining mine and to prevent accidents while drilling bore-holes for probe or release of a body of water or other liquid matter.”

CMR 1957, CHAPTER-XI : Precautions against Dangers from Fire, Dust, Gas and Water

Page 9: Mining law case study

Officials Responsible• Regional Inspector • Chief Inspector• Mines Manager• Safety Officer• Ventilation officer • Under manager/asst manager• Others

Page 10: Mining law case study

Inherent causes of Accident :

• Irresponsibility of officials from top to bottom

• Greed/Pressure for more production• Faulty Planning and Surveying• Lack of safety measures and Disaster

management plan

Page 11: Mining law case study

Lack of Emergency Plan

• “Emergency plan. – The manger of every mine having workings below ground shall prepare a general plan of action for use in time of emergency. The plan shall outline the duties and responsibilities of each mine official and men including the telephone operators, so that each person shall know his duties in case fire, explosion or other emergency occurs.

• All official and key men shall be thoroughly instructed in their duties so as to avoid contradictory orders and confusion at the time when prompt and efficient action is needed. The emergency plan shall also provide for mock rehearsals at regular intervals.

What CMR says:CHAPTER-XVI : Miscellaneous

Page 12: Mining law case study

After Accident? “ When any accident, resulting in serious bodily injury to any person or in loss of life, occurs in a mine, the manager shall inspect the site of accident as soon as possible, and shall also either himself or through an undermanager or assistant manager, have an inquiry made into the cause of and circumstances attending the accident. The result of every such enquiry and a plan and sections and wherever practicable a photograph or photographs of the site of the accident showing details shall be recorded in a bound paged book kept for the purpose and copy thereof shall be furnished to the Chief Inspector and Regional Inspector within fifteen days of the accident.”

CMR 1957: CHAPTER V “Duties and Responsibilities of Workmen,Competent Persons and Officials”

Page 13: Mining law case study

Cont. “the place of accident shall not be disturbed or altered before the arrival or without the consent of the Chief Inspector or the Inspector to whom notice of the accident is required to be given under sub-section (1) of section 23 of the Act unless such disturbance or alteration is necessary to prevent any further accident, to remove bodies of the deceased, or to rescue any person from danger, or unless discontinuance of work at the place of accident would seriously impede the working of the mine: Provided that where the Chief Inspector or the said Inspector fails to inspect the place of accident within seventy-two hours of the time of the accident, work may be resumed at the place of accident.”

Page 14: Mining law case study

Compensation Laws: • Company’s own policy for compensation• Workmen’s compensation act 1923• Mines Act 1952• Employee Compensation Act 2009 • Other laws of govt and non govt bodies

Page 15: Mining law case study

Compensation of Package Policy“ CIL provides the following compensation, relief and employment etc. to the family of deceased who died in any mine accident arising out of and in course of employment as social security. In case of fatal accident:1. Payment of compensation under Employee's Compensation (Amendment) Act - 2009.2. Employment is offered to eligible kin of the deceased departmental employee. In case, there is no eligible person for employment, monetary compensation per month is paid to the family of the deceased.3. Special Relief package of Rs. 5 Lakhs, which is in addition to the amount payable under Employee's Compensation (Amendment) Act - 2009 for departmental employee.

“Standing Committee report on Steel and Coal (2014-15) in LOKSABHA ByMinistry of Coal”

Page 16: Mining law case study

Cont.“4. Immediate payment for funeral expenses and transport etc. to the family of the deceased.5. Monetary benefits under Life Cover Scheme (LCS) of Rs 1,12,800 w.e.f 01.02.2012 as per NCWA-IX for departmental employee.6. Ex-gratia amount of Rs 84,600 in case of death or permanent total disablement resulting on account of accident arising out of and in course of employment w.e.f 01.02.2012 as per NCWA-IX.7. Gratuition the basis of the length of service, P.F as per CMPF Rule, encashment of EL and Payment of Pension as per CMPS, 1998 are paid in addition to the above.”

Page 17: Mining law case study

Cont.“In case of serious bodily injury:1. Compensation under the Employee's Compensation (Amendment) Act - 2009 is being paid to serious bodily-injured person involved with permanent disability, after due assessment of the percentage of permanent disability by an approved Medical Board.2. Additional ex-gratia of amount Rs 84,600/ (w.e.f 01.02.2012) in case of permanent total disablement resulting on account of accident out of and in course of employment for departmental employee.”

Page 18: Mining law case study

Cont.“ Salaries / Wages is paid to the person, who is injured while on duty (IOD Case), for the period of his absence from duty due to the said injury and extensive medical treatment facilities are also provided either in Company's Hospital or any other referred Hospital during his injury period and beyond.”

Page 19: Mining law case study

Cont.“The compensation in case of fatal accidents and seriously bodily injury to contractor workers while on duty is paid by the contractors as per the provisions made under the Workmen Compensation Act- 2009 (Amended). CIL, as a Principal Employer, ensures that payment of compensation to the next kin of the deceased contractor worker is paid by the respective contractor.”

Page 20: Mining law case study

•If I were a Panel Member of the Decision making Committee!

Page 21: Mining law case study

Thank You!