Complexities of Ventilation Legislation in Mining: A Look at Safety Standards and Gaps in the Zimbabwean Case

Ventilation in underground mines is crucial for the health and safety of workers, as it helps to remove harmful gases, dust, and other pollutants. However, the laws governing ventilation practices in Zimbabwe’s mining industry are often unclear and complicated, leading to gaps in accountability and enforcement.

By Ryan Chigoche

In this article, we explore the current legal framework for mine ventilation, examine some of its shortcomings, and compare it to systems in neighbouring countries like South Africa, where the issue has been addressed more effectively.

Understanding the Zimbabwean Legal Framework

Mining safety regulations are designed to protect workers’ health, especially in industries relying heavily on underground operations. In Zimbabwe, key legislative tools like the Mines and Minerals Act and Mining Management and Safety Regulations (Statutory Instrument 109 of 1990) lay the foundation for mining safety. However, these outdated regulations often fail to provide clear, practical guidance on ventilation management, leading to inconsistencies across different mining operations and threatening worker safety.

1. Mines and Minerals Act: This law requires mine owners to ensure a safe working environment, which includes managing ventilation. However, it doesn’t specifically mandate appointing a “ventilation officer” or define clear responsibilities for ventilation management, leaving the decision to mine owners and managers. Consequently, practices vary widely between mines, lacking uniformity.
2. Mining Management and Safety Regulations (Statutory Instrument 109 of 1990): These regulations allow mine managers to appoint competent individuals for safety oversight, including ventilation duties. However, they don’t provide enough detail on who should manage ventilation or how air quality controls should be implemented. While they emphasize removing harmful elements like dust, smoke, and toxic gases, ambiguity persists around the roles and maintenance of ventilation systems.
3. Ventilation and Pollutants: The regulations specify that air entering mines should be free from pollutants like dust and smoke but don’t set clear technical standards for airflow or ventilation requirements. For instance, permissible limits for gases, dust, and fibres like asbestos haven’t been updated since the regulations were established in 1990, a problem given advancements in mining technology and increased airborne pollutants.

At a recent conference hosted by the Mine Ventilation Society of Zimbabwe, ventilation and occupational hygiene specialist Rusiano Tsoka emphasized the urgent need for updated regulations to ensure a safer working environment. He pointed out that Zimbabwe’s mining industry depends on its ventilation professionals to advocate for stronger legislation reflecting the evolving needs of the sector.

Tsoka stated, “There is an urgent need to modernize safety standards, ensuring they reflect the demands of today’s mining environment. Zimbabwean ventilation experts need to push for stronger legislation governing ventilation systems and occupational hygiene, making safety a non-negotiable priority. We also need to collaborate with international experts to raise local standards and knowledge. Zimbabwe must take the lead in developing national standards for ventilation and hygiene to protect workers and enhance industry competitiveness globally.”

Gaps and Challenges in Enforcement

The lack of clear, enforceable regulations on ventilation creates significant challenges for maintaining safe working conditions in mines. While the regulations emphasize air quality, vagueness around roles and responsibilities complicates enforcement, especially in smaller, less-resourced mines that may lack the infrastructure or expertise for proper ventilation management.

Another challenge is that existing regulations rely on outdated permissible pollutant limits. As mining practices evolve, newer technologies and equipment—such as larger machinery and more intensive production methods—produce higher levels of dust and gases. This makes the old standards inadequate for managing risks in modern mining. For example, permissible limits for harmful substances like silica haven’t been updated in light of recent health research, exposing workers to potentially hazardous conditions.

A Comparison with South Africa’s Ventilation Standards

South Africa offers a model of how more proactive and comprehensive ventilation regulations can enhance mine safety. South Africa regularly updates its permissible air quality limits, incorporating the latest research and technological advancements. For instance, the country has set strict guidelines for pollutants like crystalline silica, limiting exposure to 0.1 milligrams per cubic meter. In contrast, other regions continue to rely on outdated measurements, such as fibres per millimetre, which are less reliable for ensuring worker safety.

South Africa also has robust enforcement mechanisms and ongoing monitoring processes to ensure compliance with ventilation standards. Air quality data is publicly available, promoting transparency and accountability across mining operations. Regular monitoring and updates create a regulatory environment that better protects miners’ health.

Legal Responsibilities for Ventilation Engineers in South Africa (MHSA)

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Under South Africa’s Mine Health and Safety Act (MHSA), ventilation engineers have defined legal responsibilities:

1. Regulation 9.2: Control of Dust, Gases, and Heat
   • Mine operators must ensure ventilation systems control dust, gases (such as methane), and heat to provide a safe working environment. This includes reducing dust concentrations, removing toxic or explosive gases, and managing temperature to prevent heat stress. Ventilation engineers are responsible for designing and maintaining systems that manage these hazards and meet air quality standards.
2. Regulation 9.2.2: Competent Person for Ventilation Systems
   • Mines must appoint a qualified person to oversee ventilation systems. This individual must have expertise in ventilation system design, operation, and maintenance. Engineers play a key role, ensuring systems are managed by qualified personnel capable of addressing performance, troubleshooting, and air quality monitoring.
3. Regulation 9.3: Monitor Occupational Hygiene Risks
   • Mines must monitor occupational hygiene risks, including air quality, to protect workers from harmful exposure. This includes regular assessments of dust, gases, and other airborne contaminants. Engineers are responsible for setting up continuous air quality monitoring systems and taking corrective actions if standards fall below the required levels.

Mine Fires and Explosions: Additional Responsibilities

1. Gas Detection
   • Effective gas detection systems are essential for monitoring hazardous gases like methane. Regular monitoring and ventilation adjustments are necessary to keep workers safe. Engineers ensure these systems are installed, maintained, and calibrated to prevent dangerous gas buildup and provide early warnings.
2. Fire Risk Mitigation
   • Ventilation systems must help minimize fire risks, especially where combustible gases or dust are present. Engineers design systems that control airflow and temperature to reduce fire hazards and prevent dust and gas accumulation.
3. Emergency Preparedness
   • Mines need emergency plans to handle fires, explosions, or other disasters. The ventilation system is vital for safe evacuation and clean air during emergencies. Engineers design systems that support these procedures, ensuring worker safety in a crisis.

The Need for Reform and Greater Focus on Safety

While mining safety regulations related to ventilation exist, significant gaps in enforcement, clarity, and up-to-date standards remain. Zimbabwe’s mining safety laws must be modernized to keep pace with advances in mining technology and health research, ensuring ventilation systems are properly managed and workers are protected from harmful air conditions.

The Mine Ventilation Society of Zimbabwe (MVSZ) has recognized the need for reform and aims to align national ventilation regulations with South African standards in the coming year. This would modernize the regulatory framework, bringing Zimbabwe’s mining sector closer to regional best practices and global standards. By implementing these updates, MVSZ seeks to make Zimbabwe’s mining practices safer, healthier, and more competitive on the global stage.

Learning from countries like South Africa, which have adopted modern and comprehensive ventilation standards, can help Zimbabwe and other mining regions implement reforms that ensure better health and safety for underground workers. Adopting clearer, more specific ventilation standards will protect workers and contribute to a more sustainable and responsible mining industry.