By:
ENGR. RODOLFO L. VELASCO, JR.
Mines and Geosciences Bureau
Department of Environment and Natural Resources

• Republic Act No. 7942 - the Philippine Mining
Act of 1995
• DENR Administrative Order No. 2010-21 –
Revised Implementing Rules and
Regulations

• DENR Administrative Order (DAO) No. 2000-
98, or the “Mine Safety and Health
Standards” was created pursuant to Section
8 of Republic Act No. 7942, otherwise known as the “Philippine Mining Act of 1995” and
DAO No. 2010-21, its revised implementing rules and regulations.

1.To promote a culture of safety and health;
2.To provide for the strict enforcement of safety and health measures;
3.To provide for effective monitoring systems, inspections, investigations and inquiries to improve health and safety;
4.To establish tripartite linkages in promoting safety and health matters;

5.To promote training and human resources development;
6.To comply with the international law obligations of the government relating to mine safety and health.

The Order shall govern all employers, employees, contractors, permittees, service contractors and other entities engaged in any exploration, mining, quarrying, mineral processing and other allied or related operations.

Implementation of DAO 2000-98
Audit
Monitoring
Inspection

Good Practices on Mine Safety and Health
Proper Benching

Good Practices on Mine Safety and Health
Good Housekeeping

Good Practices on Mine Safety and Health
Refuge Chamber in Underground Mining Operation

Good Practices on Mine Safety and Health
Personal Protective Equipment

Toolbox meetings

Good Practices on Mine Safety and Health
Emergency Drills

Good Practices on Mine Safety and Health
Safety Incentives

Penal Provisions of the RA 7942 and DAO 2000-98
Violations Legal Basis Penalties
Non-submission of
Safety and Health
Program
Chapter XV,
Section 144 of
DAO 2010-21
Chapter XIX, Section 110 of RA 7942 – PhP
5,000.00
Chapter XVII, Section 95 of RA 7942
–
Suspension/Cancellation of Permit/Agreement
Late submission of
Safety and Health
Program
Chapter XV,
Section 144 of
DAO 2010-21
Chapter XVI, Section 88, Rule No. 1209 of
DAO 2000-98
Failure to submit/ report fatal and serious accidents to concerned RO within
15 days after the date of the accident
Chapter XV,
Section 155 of
DAO 2010-21
1 st Violation
2 nd Violation
3 rd Violation
Basic Fine
PhP 1,000.00
PhP 2,000.00
PhP 3,000.00
Daily
PhP 10.00
PhP 20.00
PhP 30.00
Chapter XVI, Section 88, Rule No. 1209 of
DAO 2000-98 – PhP 10,000.00

Penal Provisions of the RA 7942 and DAO 2000-98
Violations Legal Basis Penalties
Chapter XVI, Section 88, Rule No. 1209 of
DAO 2000-98 – PhP 5,000.00
Failure to give notice to the concerned RD within 24 hours of any fatal and nonfatal serious injuries
Chapter XV,
Section 155 of
DAO 2010-21
Late submission of
Monthly Safety and
Health Reports
Chapter XV,
Section 155 and
Section 162 of
DAO 2010-21
Chapter XVI, Section 88, Rule No. 1209 of
DAO 2000-98
Violations of provisions of DAO 2000-98
Chapter XVI,
Section 88, Rule
No. 1209 of DAO
2000-98
1 st Violation
2 nd Violation
3 rd Violation
Basic Fine
PhP 1,000.00
PhP 2,000.00
PhP 3,000.00
PhP 1,000.00
Daily
PhP 10.00
PhP 20.00
PhP 30.00

Penal Provisions of the RA 7942 and DAO 2000-98
Violations Legal Basis Penalties
Repeat violation of the same provisions as based on inspection reports
Chapter XVI,
Section 88, Rule
No. 1209 of DAO
2000-98
PhP 2,000.00
Non-compliance with the terms and conditions of the
Mineral Production
Sharing Agreement in connection with mine safety and health
MPSA Terms and
Conditions
Section XV of MPSA Contract –
Suspension/Cancellation of Permit/Agreement

Common Violations Committed by Mining Companies
• Non-submission/late submission of reportorial requirements
• Failure to strictly implement wearing of PPE

Common Violations Committed by Mining Companies
• High walls and improper benching

Common Violations Committed by Mining Companies
• Failure to conduct quarterly emergency drills
• Failure to strictly implement smoking policy

Common Violations Committed by Mining Companies
• Poor housekeeping

Common Violations Committed by Mining Companies
• Failure to provide machine guards for moving equipment

Challenges
• Not all MGB Regional Offices (RO) enforce penalties for violating the provisions of the Mine Safety and Health
Standard
• Amount of penalties are too small that companies will choose to pay it instead of spending for mitigating measures
• Some provisions of DAO 2000-98 needs to be updated to cope with the latest technology
• Violations are mostly committed by service contractors

Recommendations
• Standardize the monitoring system of MGB RO to include penal provisions of the law
• Increase penalties for violating the provisions of the law
• Review and revise the standards to keep it updated with the new mining and milling technologies.
• Implement the Service Contractor Accreditation