1. Guidelines for legal appointment under MQW&M Act, CAP 44:02 Contractor
Department of Mines
Guidelines for legal appointment under MQW&M Act, CAP 44:02
Contractor

2. APPOINTMENTS
To supervise a mine for safety, health and environment issues in terms of MQWMR, people are appointed according to the following basic organogram
6(1) - Manager
9(4)-Competent Persons (May)
Shift Bosses – 17(1) (shall)
Person In Charge – 18(1) (shall)
And Other Appointments
(Note: All legal appointees must be full time employees)

3. Contractor Supervision & Control
Regulation 8(4)
It shall be deemed to be a term of any agreement pursuant to which a contractor is working that the manager thereof shall have supervision and control of all the work carried out therein by the contractor

4. Legal Appointment Contractors
The contractual work may be carried out in an existing mining operation is generally headed by a person known as contractor site manager or subordinate manager or site agent etc.
A contractor site manager for building and construction must be appointed in terms of the regulation 250.
The portion where building and construction is to be carried out may fall under an existing 9(4) appointee or be a new area within the mining lease area.

5. Legal Appointment Contractors
Contractor may be appointed under regulation 9(4) for a portion of a mine.
He may then appoint one or more competent persons under regulations 17 (to take care of particular section of the portion of the mine) and 18 (in charge of working place within a section or workmen) to assist him to have control, management and direction of that portion of the mine.
Plant general foremen, shift foremen, shift boss, deputy shift boss – as per MQWM regulation 17(1)
Person in charge (first line supervisor) - as per MQWM regulation 18(1)
(Appointments 9(4) & 17 are for a geographic area)

6. Legal Appointment Contractor’s Electrical Personnel
Contractor’s Competent Electrical Personnel shall be appointed in terms of the MQWM Act regulation 13(2):
The Mine Electrical Engineer (13(1) appointee) will appoint the contractor subordinate engineer, electricians in charge or electricians
Contractor Electricians include electrical artisans, electrical charge hands, electrical foremen, electrical / electronics / telecommunications / computer technicians or technologists, first line maintenance superintendent, etc.
The required qualifications are:
Subordinate Electrical Engineer: at least 1st degree in electrical engineering from an accredited university
Electricians in charge: diploma in relevant engineering field with 5 years industrial experience or National Craft Certificate in relevant field with 8 years of experience
Electricians: National Craft Certificate in the relevant field
Semi-skilled and trainee electricians may not be appointed

7. Legal Appointment Contractor’s Mechanical Personnel
Contractor’s Competent Mechanical Personnel shall be appointed in terms of the MQWM Act regulation 14(2):
The Mine Mechanical Engineer (14(1) appointee) will appoint the contractor subordinate engineer, mechanics in charge or mechanics
Mechanics include artisan riggers, fit and turners, fitters, millwrights, boilermakers, mechanical charge hands, mechanical foremen, auto-mechanics, diesel mechanics, mechanical / hydraulics / pneumatics / instrumentation / testing (mechanical) technicians or technologists, first line maintenance superintendent, etc.
The required qualifications are:
Subordinate Mechanical Engineer: at least 1st degree in mechanical engineering from an accredited university
Mechanics in charge: diploma in relevant engineering field with 5 years of industrial experience or National Craft Certificate in relevant field with 8 years of experience
Mechanics: national Craft Certificate in the relevant field
Semi-skilled and trainee mechanics may not be appointed

8. Thank You Questions ?