There are no specific regulations stipulating the preservation of a site after a mining accident, according to acting Commissioner of the Guyana Geology and Mines Commission (GGMC) Newell Dennison.
Dennison made this disclosure while being questioned by Rear Admiral (retired) Gary Best, who is leading the Commission of Inquiry into the recent death of miner Keon Wilson.
Wilson, 33, was killed around 4.30 pm on October 8, when a mining pit he and others were working in collapsed, causing him to be buried by mud.
Dennison, who began his testimony last Friday, continued yesterday and was asked by Best whether there are any rules pertaining to the preservation of a site after an accident.
Dennison related that no such regulations exist for the site to be preserved in a special way but speculated that the requirement for a cease order to be issued would be in the interest of preventing evidence from being disturbed. He, however, added that even the act of trying to extract the victim leads to compromising of the site.
Dennison further stated that there is no cordoning of the site or person assigned to ensure it is not contaminated, while suggesting that such action may fall under the Standard Operating Procedures (SOPs) of the Guyana Police Force.
Best, however, countered by putting to Dennison that if he believes that the preservation of an accident site is necessary, then having a physical presence on the ground to ensure such would be necessary. “Preservation of the site is important, so we can determine what happened, even without police,” Best stated.
Dennison was also asked to relay, to the best of his knowledge, what should be the state of that site following an accident. He stated that no work should be ongoing, and no GGMC employees should be present there.
Also testifying was Senior Mining Engineer Dharmpaul Chandan, who related that on October 8, he received a call from Eventon Daly, the owner of the dredge at Rock Creek, who informed him that there had been a mining pit collapse in the vicinity of Rock Creek, Puruni. Chandan said that around 6.30 pm, he investigated and reported on the findings of the accident and later that evening submitted the report by email to the Mines Manager (ag) Dial McDonald, Senior Mining Engineer Michael Howard, Administrative Assistant Nikasi Carter and Deputy Chief Mines Officer Kerwin Josiah.
Chandan said that during his stint in the Puruni and 14 Miles Issano areas, he was responsible for the mining stations there and responsible for conducting compliance, enforcement and monitoring exercises.
According to the statement submitted by Chandan to the Commission, some requirements following mining accidents are: that all accidents are to be reported within 24 hours, there is to be immediate issuance of a cease work order to ensure no one continues to mine in the area, and an issue order is made for remedial works to be completed and equipment to be removed if possible or such is necessary.
Chandan also related that information related to site visits made by mining officers are not kept in hard copy, but are saved in electronic format.
In relation to the site at Rock Creek where the accident occurred, Chandan said staff informed him that they had recently visited it.
When asked how he would be able to ascertain whether they did indeed visit the places they claimed, the engineer stated that records are made daily in their diaries and compliance forms are filled out after site visits.
Chandan said that these records are the only evidence that site visits were actually made and there is no other way to confirm such. He later divulged that one of his officers had submitted his diary to him in electronic form. He related that he made some minor changes, in terms of correcting grammatical errors and adjusting the format. He stated that no physical copies of the diaries exist as the officers keep record using Microsoft Excel.
This raised some concerns for Best, who pointed out the fact that such procedures makes it easy for data to be manipulated.
“My concern is the integrity of the data in the electronic version of the diary. That is a concern that the Commission has that the fact that the data can be adjusted certainly doesn’t come across well for the Commission. The heart of a man is desperately wicked Mr Chandan,” Best asserted. Chandan had earlier stated that he does not believe any GGMC supervisors have reason to act in such a manner.
The terms of reference of the inquiry are to investigate, examine and report the regulatory, monitoring and reporting regimes that govern mining areas specifically at Rock Creek, Puruni; the adequacy and effectiveness of those agencies responsible for the oversight and implementation of these safety operating procedures; review the responsibilities and mechanisms to realise safety operating procedures; and determine whether there was compliance with safety operating procedures. It is also mandated to investigate the causes, conditions and surrounding circumstance that led to the death of Wilson; determine whether there were breaches of any laws, regulation, rules, and practices that directly led to, or contributed to, the death of Wilson; and ascertain blameworthiness of individuals.
The CoI is set to continue today at 10 am.