I just spoke on radio about the fine and I highlighted the fact that the fine seems rather hasty and can’t be justified as an adequate punitive measure to forestall any future recurrence if the investigation report which is expected to highlight the failures upon which the fine is based, is not even in the public domain for all to critique.
What failures were identified and what does the imposition of the fine seek to achieve? MAXAM has come out to say they did not commit any safety breach. This could imply the said investigation report from the minerals commission, and the subsequent report from the 3 member committee tasked by the minister have not adequately highlighted the failures. If they have, then we need to see the final report.
So my questions are;
Why is there a press release about the $6m fine but the investigation report itself upon which the fine is based is not even out? What are the identified failures upon which they are making those recommendations. If those recommendations are based on failures, then we can equally say that the failures also came from the enforcement authority, but it appears MINCOM has been shielded and the focus is only on MAXAM. The minister seems to be flexing his muscle. In fact, the ministry must come again to explain what is the justification for an imposition of a $6m fine, when the damages, pain and suffering and restoration cost of Appiatse community are absolutely enormous. And who bears the cost of restoration of Appiatse and the indigenes. Would it be state funds and benevolent contributions of sympathizers?
If the government was to address the failures of this devastating incident, we need to see the investigation report, and be confident about what the failures are, who are responsible, what penal actions are adequate and the measures to improve the legal framework, the need to focus on the entire national system, pass the OSH Bill that is sitting in parliament, and most importantly establish an omnibus enforcement authority with adequate safety inspectors who would solely focus on safety across all industries and not only have the minister focus on just the mining industry at the neglect of other industries like the downstream oil and gas sector, the road transport sector and the construction industry which equally record high incident rates and therefore need equal attention.
Selorm Ametewee IDipNEBOSH👨🏻💻
Safety Consultant.
sel@sheqxel.com