2. General duties
2.1. Duties of governments
2.1.1.1. In countries where there is an opencast industry, it should be the duty of
the government to:
– have in place or enact sufficient appropriate legislation and regulations to ensure the
safe operation of mines together with the minimum of risk to health;
– formulate, implement and periodically review a coherent national policy for health
and safety in opencast mines.
2.1.1.2. The legislation and national policy should be determined after
consultation with the most representative organisations of employers and workers.
2.1.2.1. The government should enforce the legislation by means of an
inspectorate, which should form part of the competent authority.
2.1.2.2. The government should have legislation stating the qualifications and
experience of inspectors.
2.1.2.3.1. The inspectorate should be adequately empowered and maintained at a
strength and at a technical standard sufficient for it to ensure that the legislation is
observed at all opencast mines.
2.1.2.3.2. National legislation should make such provisions as enable the
competent authority to make a minimum of two complete and unannounced inspections
every year of each opencast mine within its jurisdiction.
2.1.2.4. The government may empower the competent authorities to vary
regulations, for individual mining circumstances, only when all the persons affected are
provided with standards of safety and health at least equivalent to those specified in this
code or national legislation.
2.1.2.5. The competent authority should also have the power to object to or
require the mine manager to change the rules or schemes made by him with respect to
health and safety.