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Orion Minerals’ Errol Smart spoke with CNBC Africa’s Zinathi Gquma on the disruption at its Prieska Copper-Zinc project involving members of the Siyathemba Business, Workers, &#038; Community Forum.

Orion CEO on what’s behind the recent protest action at Prieska mine

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A small town in the Northern Cape has been at the center of a dispute between Australian mining company, Orion Minerals, and a group called the Siyathemba Community. Orion plans to rebuild a mine in Prieska but Siyathemba claims the community is not being trained and equipped to benefit from this project. Joining CNBC Africa is Ronald February, Organiser of the Siyathemba Business, Workers, &#038; Community Forum.

Siyathemba Community Forum calls for more inclusion in Prieska copper-zinc project

<figure><img decoding="async" src="https://images.theconversation.com/files/240415/original/file-20181012-119144-mkc6vv.jpg?ixlib=rb-1.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;fit=clip" alt="File 20181012 119144 mkc6vv.jpg?ixlib=rb 1.1" /><figcaption>Kenya is ill-prepared for the environmental, health and safety impacts that accompany oil production. 
Signature Message/Shutterstock</figcaption></figure>
<a href="https://theconversation.com/profiles/melba-k-wasunna-441896">By Melba K. Wasunna</a>, <a href="http://theconversation.com/institutions/strathmore-university-2081">Strathmore University</a>
After decades of failed attempts, Kenya finally <a href="https://www.aljazeera.com/news/africa/2012/03/2012326174456726672.html">struck oil six years ago</a>. <a href="https://nationaloil.co.ke/pdf/NOCK_Newsletter.pdf">Commercially viable</a> reserves were discovered in Turkana – the northwest of the country– by British oil company, Tullow Oil. The basin is estimated to contain about <a href="https://www.tullowoil.com/operations/east-africa/kenya">560 million barrels of oil</a>.
While commercial production is a few years away, there’s <a href="http://extractives-baraza.com/assets/content/PDF/epwg/EHS-Discussion-Paper-Policy-Dialogues.pdf">growing</a> concern that Kenya isn’t ready for the environmental, health and safety risks that accompany oil production.
A <a href="http://extractives-baraza.com/assets/content/PDF/epwg/EHS-Discussion-Paper-Policy-Dialogues.pdf">recent forum</a> involving key stakeholders – community, civil society organisations and the Ministry of Health – outlined some of these concerns. These 
include that; workers aren’t well protected, waste isn’t being well disposed of and water sources could be <a href="https://www.linkedin.com/pulse/water-quality-quantity-versus-turkana-oil-production-daniel-lagat/">contaminated</a>. Other problems identified included the fact that those regulating these issues don’t have clear mandates and that policies and standards that deal with managing risks don’t exist or aren’t clear.
Kenya has several state agencies that try to regulate the industry. This means that there’s an uncoordinated approach and a great deal of uncertainty. A framework is needed that speaks specifically to environment, health and safety for the oil sector. It must have a clear division of roles and responsibilities, ensuring the sector is efficient, and encouraging investment.
<h2>Oil spills and pollution</h2>
A key concern for communities in the Turkana area is how waste and pollution will be managed. This includes; the disposal of drill cuttings, reduced air quality due to flaring of gas and negative impacts on human and animal health.
There’s also concern over the technology used to handle hazardous waste as it doesn’t meet the standards of those in other countries. For instance, <a href="http://extractives-baraza.com/assets/content/PDF/Publications:%20Government/Final%20SESA%20Report%20March%202017.pdf">most</a> waste oil treatment facilities don’t meet international standards and are run by the informal sector.
Trying to deal with these risks is challenging and there are significant gaps in policies and laws.
For example, there’s a general <a href="http://kenyalaw.org/kl/fileadmin/pdfdownloads/bills/2017/Petroleum_Exploration_DevelopmentandProductionBill_2017.pdf">requirement</a> that contractors be prepared in case of an emergency – like a fire. But there’s no direction of who is responsible for what and the procedures that must be followed. Kenya’s National oil Spill Contingency Plan is meant to make this clearer, but it has been in draft form for over four years.
There also needs to be clarity on who is responsible for damage incurred as a result of oil spills or other pollution. Currently the <a href="https://kma.go.ke/index.php/marine-environment/oil-spill-response">Kenya Maritime Authority</a> is responsible for coordinating this, but they are a maritime agency – authority should rest with the National Environment Management Authority.
<h2>Worker safety</h2>
There also need to be more policies that protect the health and safety of workers. An <a href="http://www.kenyalaw.org/klr/fileadmin/pdfdownloads/Acts/OccupationalSafetyandHealth(No.15of2007).pdf">occupational safety and health act</a> in on the statute books. But there are no policy guidelines that look at how health and safety is monitored. These are needed to govern the industry’s hazardous work operations like; rigging safety, flaring of gas, drilling or chemicals handling.
Policies should be created by the Ministry of Petroleum and Mining in collaboration with the other relevant ministries – like environment and health.
Other policies that need to be reviewed include those related to reducing the risk of fires – <a href="http://kenyalaw.org/lex/sublegview.xql?subleg=No.%2015%20of%202007#KE/LEG/EN/AR/O/NO.%2015%20OF%202007/SUBLEG/HC_17">current legislation</a> only deals with small workplace fires – and those related to first aid.
Regulations must also be drawn up to cover community health and safety. These don’t exist yet the impact of oil and gas operations goes beyond the workplace.
Finally, there are <a href="http://extractives-baraza.com/assets/content/PDF/Publications:%20Government/Final%20SESA%20Report%20March%202017.pdf">not enough</a> health facilities and emergency service providers should accidents occur.
<h2>Regulation issues</h2>
Three key bodies are meant to regulate environment, health and safety issues in the sector. These are the <a href="https://www.erc.go.ke/">Energy and Regulatory Commission</a>; the <a href="http://www.labour.go.ke/directorate-of-occupational-safety-and-health-services-doshs/">Directorate of Safety and Health Services</a> and the <a href="https://www.nema.go.ke/">National Environmental Management Authority</a>. But their activities aren’t coordinated. This means that companies aren’t being held to proper enforcement and compliance regulations.
Regulations can also clash. For instance, the <a href="http://www.kenyalaw.org/klr/fileadmin/pdfdownloads/Acts/OccupationalSafetyandHealth(No.15of2007).pdf">occupational safety and health laws</a> require workplaces that use or produce toxic substances to <a href="http://extractives-baraza.com/assets/content/PDF/Publications:%20Government/Final%20SESA%20Report%20March%202017.pdf">ensure</a> they’re safely collected, recycled or disposed of. But there isn’t currently a body that can actually process waste coming from the oil and gas sector. The closest facility is in <a href="http://www.oilinuganda.org/features/environment/uganda-gets-its-first-oil-waste-treatment-plant.html">Uganda</a>.
<h2>Developing policy</h2>
There are attempts to improve on policy. Kenya’s occupational safety and health act, for example, is <a href="http://documents.worldbank.org/curated/en/862581530195474639/pdf/Plan-Archive-14.pdf">under review</a>. But it’s not easy.
Developing policies, and ensuring they’re adhered to, is a major challenge as government regulatory bodies lack skills and manpower. The Directorate of Safety and Health Services, for instance, <a href="https://www.ilo.org/wcmsp5/groups/public/@ed_protect/@protrav/@safework/documents/policy/wcms_187632.pdf">has</a> 71 professional officers to inspect about 140,000 workplaces. This is a huge challenge for inspectors working in the remote areas where oil exploration is taking place. They <a href="http://extractives-baraza.com/assets/content/PDF/Publications:%20Government/Final%20SESA%20Report%20March%202017.pdf">can take</a> one to two years before they visit, leaving most workers exposed to hazards.
The goods news is that steps are being taken. the <a href="http://documents.worldbank.org/curated/en/862581530195474639/pdf/Plan-Archive-14.pdf">environmental and occupational health and safety</a> policies are under review by two different set of consultants to establish more robust policies and guidelines.
Legally, efforts are also being taken to coordinate an approach. The <a href="http://kenyalaw.org/kl/fileadmin/pdfdownloads/bills/2017/Petroleum_Exploration_DevelopmentandProductionBill_2017.pdf">new bill is</a> being considered by the Senate. Among other things it proposes a new Energy and Petroleum Regulatory Authority.
Over the last three years, a technical assistance project has also <a href="http://documents.worldbank.org/curated/en/531591529359535996/pdf/Disclosable-Version-of-the-ISR-Kenya-Petroleum-Technical-Assistance-Project-KEPTAP-P145234-Sequence-No-07.pdf">trained</a> 220 government officers in lead agencies responsible for enforcement of environment, health and safety regulations.
These developments are all encouraging. But it’s important that policymakers don’t adopt a one-size-fits-all approach but rather develop methods that adequately address the specific needs and priorities of the oil industry and the risks it brings.
Laura Muniafu, of Strathmore University’s Extractives Baraza, assisted in the writing of this article<img loading="lazy" decoding="async" style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important; text-shadow: none !important;" src="https://counter.theconversation.com/content/103845/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" />
<a href="https://theconversation.com/profiles/melba-k-wasunna-441896">Melba K. Wasunna</a>, Director and Lecturer, Extractives Baraza, <a href="http://theconversation.com/institutions/strathmore-university-2081">Strathmore University</a>
This article is republished from <a href="http://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/what-kenya-needs-to-do-to-better-protect-those-working-in-the-oil-sector-103845">original article</a>.

Is Kenya doing enough to protect workers in the oil sector ?

JOHANNESBURG (Reuters) &#8211; Sibanye Gold&#8217;s Cooke operation in South Africa will remain shut until at least Thursday as the company goes through an appeals process for workers fired for taking part in a wildcat strike, it said on Monday.
Spokesman James Wellsted said the company was concerned about the safety of its employees after receiving reports of threats of violence against miners not supporting the strike.
Workers at the mine downed tools almost two weeks ago, angered by a company drive to root out illegal miners which has included the arrest of employees for collusion.
(Reporting by Ed Stoddard, editing by Louise Heavebs)
&nbsp;

South Africa’s Sibanye says Cooke mine to remain closed until at least Thursday

Zimbabwe&#8217;s main public service union on Friday rejected government plans to cut 25,000 jobs and suspend annual bonuses, saying that would hurt workers already struggling to make ends meet.
The Apex Council, a grouping of all state sector unions, demanded talks with the government over the plan that Finance Minister Patrick Chinamasa has said is essential to ensure the country can keep paying its staff.
&#8220;We believe these measures are ill-conceived and can only further entrench the doom and gloom that has become the lot of the average civil servant,&#8221; said Cecelia Alexander, head of the Apex Council which called a two-day walkout by teachers, doctors and nurses over pay delays in July, part of the biggest strike in Zimbabwe in 10 years.
In a budget statement on Thursday, Chinamasa said state sector wages took up 97 percent of total revenues collected between January and June, a situation that could destabilise the economy.
It also meant the government risked being unable to pay salaries, Chinamasa said, proposing the suspension of annual bonuses for state employees in 2016 and 2017 to save $180 million annually.
Last year, Chinamasa made similar proposals but was forced to back down by President Robert Mugabe who told him to find the money elsewhere.
Under Chinamasa&#8217;s plan, the civil service would shed 25,000 jobs, reducing the workforce to 273,000 by the end of 2017. Salaries for ministers and senior officials would be cut by up to 20 percent and Zimbabwe would close some embassies abroad.
Unable to get funds from international lenders, Zimbabwe is in its worst financial crisis since adopting the U.S. dollar in 2009. Economic difficulties have fueled political tensions, with anti-government protests over cash shortages and unemployment.
Chinamasa is leading Zimbabwe&#8217;s re-engagement with lenders including the International Monetary Fund and World Bank which are demanding cuts in the wages bill and the clearance of $1.8 billion in debt arrears before they agree to new funding.﻿

workers

Orion CEO on what’s behind the recent protest action at Prieska mine

Siyathemba Community Forum calls for more inclusion in Prieska copper-zinc project

Is Kenya doing enough to protect workers in the oil sector ?

South Africa’s Sibanye says Cooke mine to remain closed until at least Thursday

Zimbabwe public workers reject government job cuts plan

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workers

Orion CEO on what’s behind the recent protest action at Prieska mine

Siyathemba Community Forum calls for more inclusion in Prieska copper-zinc project

Is Kenya doing enough to protect workers in the oil sector ?

South Africa’s Sibanye says Cooke mine to remain closed until at least Thursday

Zimbabwe public workers reject government job cuts plan

News Tips

Advertise With Us

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