REOI: Tracking and Tracing Mineworkers, Ex-Mineworkers and Their Dependants for Compensation Claims for Occupational Lung Diseases

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ASSIGNMENT TITTLE: TRACKING AND TRACING MINEWORKERS, EX-MINEWORKERS AND THEIR DEPENDANTS FOR COMPENSATION CLAIMS FOR OCCUPATIONAL LUNG DISEASES

Ref: SATBHSS/MOH/C-017/2018/06

SATBHSS Project                                 

Issue Date: 26-07-2018

BACKGROUND

The mining sector in South Africa is an integral part of the Southern African economy. It employs about 500 000 workers and has a legacy of about 2 million ex-mine workers – many of whom are migrant workers from within and outside South Africa. Since the 1900 most of the Basotho men were predominantly working in the Mining sector of South-Africa. According to the World Bank report (2010) remittance as a result of migration from labour sending countries in Africa has resulted in decreased depth and severity of poverty and indirectly stimulating economic activity. Hence Lesotho’s economy has been largely shaped by migration, particularly that of mineworkers. As such, migrant remittances contributed at micro-level through them support families in accessing basic assets such as food, cash, education, medical facilities, water, etc. Furthermore, incomes generated by remittances were used to purchase agricultural inputs to improve subsistence farming.

Despite this notable contribution on the economy, the health issues concerning mineworkers, in particular work-related diseases still remains a challenge for them and their families.  Mine workers have high incidence of Tuberculosis and occupational lung disease such as silicosis. Due to long period of latency, these diseases are usually detectable long after one has left mine employment. This has a negative impact on the ex-mineworkers and their families financially and socially. Their plight is worsened by inaccessible and inadequate occupational health services in the country, particularly in remote areas.

The South African Occupational disease in Mines and Works Act (ODMWA) of 1973 indicates that mineworkers and ex-mineworkers working or having worked in the controlled Mines in South Africa and presenting with work related lung or cardio-respiratory disease should be compensated. According to Health focus 2016, when the miner is still working in the SA mines they are mandated to undergo medical examination every two years. The challenge arises when the mineworker is no longer working and cannot access the post-employment medical examination. In Lesotho occupational health services were non-existent and resulted in challenges for the ex-mineworkers to access their compensation. This caused ex-mineworkers to travel to SA to access occupational medical services and to submit their claims.

In addition, due to high levels of poverty due to diminished income following retrenchments for ex-mineworkers, illiteracy and geographical remoteness, it is often very difficult for ex-mineworkers or their next of kin of deceased workers to access the South African compensation system. In recent years a lot has been done to address these challenges so that the ex-mineworkers can access their compensation. In 2015, the Medical Bureau of Occupational Diseases (MBOD) through Health Focus where 50% of the tracked ex-mineworkers were paid and on Monthly basis TEBA is assisting the ex-mineworkers to send claims. In 2017, the regional Global Fund grant on TB in the Mines (TIMS) established two occupational health centres in Maseru and Mafeteng and occupational lung disease claims are sent electronically to MBOD.

Despite these efforts, most of the eligible claims submitted to MBOD have not been paid or substantial delays are experienced. This may be due to inadequate documentation send to the Medical Bureau of Occupational Diseases (MBOD) in South Africa, or lack of bank accounts where such monies can be deposited. In 2017 about 32% of the claims submitted to the MBOD were paid and about LSL 20 Million worth of claims have not been paid out due to missing documentation. According Health Focus report (2016) various paperwork is needed for eligible claims to be compensated. These include employment and medical records, valid bank account and identification documents.  Some of these documents are not easily accessible by the ex-mine workers due to affordability, incomplete medical and employment records, unavailability of specialised occupational health services and distances they have to travel to get them. MBOD on payment of the claims. The process of paying claims is also characterised by Bottlenecks. These include bureaucratic medical certification processes for eligibility, long compensation processes, poor record keeping which may result in misplacing some of the required documents and inadequate capacity to process the claims.

The process of accessing compensation is characterized by several bottlenecks. These bottlenecks include incomplete employment and medical records, and compensation processes that take several months to complete, poor records keeping in MBOD – the Medical Bureau of Occupational Diseases (which has since been rectified by the new Compensation Commissioner for Occupational Diseases (CCOD) with support from WB and Mining sector).

 

In an effort to speed up payment of the compensation claims the Ministry of Labour and Employment and the Ministry of Health will be working together with the assistance of the Non-governmental organisation to assist the ex-mineworkers to get the missing documents and all other requirements and send them to MBOD for claims processing. The initiative will also be guided by the MBOD in terms of the missing documentation, what processes to follow and provision of technical assistance to the NGO.

 

Lesotho is one of the countries implementing the Southern Africa TB and Health Systems Support (SATBHSS) regional project with the aim to improve coverage and quality of key TB control and occupational lung disease services in targeted geographic areas of the participating countries; and strengthen regional capacity to manage the burden of TB and occupational diseases. The Ministry of Labour and Employment through this Project is seeking the services of a Non-governmental organization (NGO) to trace eligible beneficiaries throughout the ten districts of the country for possible compensation.

This assignment is directed to assist the ex-mineworkers and their families to access workmen compensation pay-outs from the MBOD in South Africa. One other purpose is to forge a partnership with relevant government Ministries, private sector, in assisting mineworkers, ex-mineworkers and their dependants to get their compensation and also to assist ex-mineworkers to sustain decent livelihoods after retrenchment.

OBJECTIVES OF THE ASSIGNMENT

  • The main objective is to recover the full benefits to which ex-mineworkers, their dependents in cases of deceased workers are entitled to.
  • The NGO will track and trace the ex-miners or their families at community level based on
    • An established claim list from the MBOD so that they can access their benefits.
    • Ex-miners not on the MBOD list will be recorded as new cases identified at community and these cases will be added to the database of the claimants being tracked.
    • Track and Trace ex-mineworkers in Leribe, Berea and Butha-Buthe districts utilising the NGO’s network at community level
  • The NGO will assist the beneficiaries to seek proper documentation, or any missing documentation such as medical records by assisting the beneficiaries to be examined at the two Occupational Health Clinics in Maseru and Mafeteng, or opening of proper bank accounts for the beneficiaries.

Scope of Work

The NGO will be responsible to:

  • Assist beneficiaries in compiling all the relevant documentation and filling of the necessary forms and sending the compiled documentation to the relevant authorities (MBOD) for determination and possible compensation pay-out.
  • Setting up meetings with the relevant authorities such as Principal Chiefs, District Councils, Community councils and local chiefs with the assistance of the Ministry of Labour and Employment the organization to trace the ex-miners on the pending MBOD payment list.
  • In collaboration with the Ministries of Labour and Employment and Ministry of Health, assist the beneficiaries with referrals for medical examinations at the Occupational Health centres in Maseru and in Mafeteng and ensure these are submitted to MBOD.
  • In collaboration with the Ministry advocate and communicate the activity to the communities, through all relevant available resources (media, newspaper, gatherings); To conduct this activity to the beneficiaries as near as reasonably practicable within Lesotho;
  • To collect documents for or on behalf of the ex-miners, ensure they are complete, and submit them with MBOD.
  • Collaborate with TEBA in Lesotho to ensure that beneficiaries are assisted to get all documents which proof that they worked in South Africa mines
  • Support and provide all the needed resources to the clients/beneficiaries and ensure that no payment is made by the beneficiaries to the NGO

Role of Ministry of Labour

  • Manage the contract for this assignment
  • Provide oversight and assist the NGO to meet with the relevant community structures during the track and tracing assignment
  • Monitor the NGO and ensure that the outputs of this assignment are achieved
  • Assist the NGO to liaise with TEBA for employment record for the ex-miners

Role of Ministry of Health

  • , Assist the NGO to liaise with the MBOD or CCOD to facilitate speedy attainments of the MBOD lists indicating what requirements were not met
  • Facilitate the quick response to queries from the MBOD and the CCOD
  • Liaise with the Occupational Health Clinics to provide the necessary services for the tracked Mine-worker

Role of Compensation Commissioner for Occupational Diseases (CCOD)

  • Provide technical support to the NGO
  • Pay out compensation claims.

The NGO will operate on a wholly funded basis emanating from the SATBSS project   All the services will be offered free of charge to all ex-mineworkers who worked in South African mines.  All documentation as well as X-rays will be forwarded to MBOD at the costs of the company.

The service provider will not charge former mine workers for any service provided and indicate high level of confidentiality. The NGO will be working on behalf of the government of Lesotho and will be expected to present a highly dignified conduct at all times.

The remuneration for the NGO will be performance based

Milestone

  1. A monthly report that outlines:
    1. Number of claimants successfully traced and information collected;
    2. Number of claimants with records successfully updated;
  • Number claims processed to the point of payment;
  1. Number of claimants paid compensation claims by CCOD;
  2. Number of ex-mineworkers who require benefits medical examinations reports.
  3. Final Assignment Report and summary dissemination of key findings and future recommendations shared to Lesotho SATBHSS stakeholders

 

TIME FRAME – 18 months contract

Milestones Expected Timelines
Inception Report and finalization of the work-plan 14 days following the finalization of the contract
Submission of Monthly reports 10 days following the end of the month
Presentation of key findings during the SATBHSS Stakeholder’s meeting Every quarter following finalisation of the contract
Dissemination of key findings for this assignment Month 16 of the contract
Final Assignment report Month 18 of the assignment

DURATION OF WORK CONTRACT

This is eighteen (18) months’ work contract

 

EXPERIENCE AND ELIGIBILITY

We are looking for a local Non-Governmental or community-based organization that has:

  1. 5 to 10 years’ experience in dealing with both migrant mineworkers/ex-miners and their dependents and beneficiaries
  2. At least 3 years’ experience in track and tracing of the ex-miners at community level in Lesotho. Evidence should be provided during the application
  3. The NGO should have existing structures at community level which will conduct the tracking and tracing of the ex-mine workers or their families and this should be shown during the application
  4. An association with the miners and ex-miners will have an added advantage
  5. The NGO should have worked in Lesotho extensively

The attention of interested Consultants is drawn to paragraph 1.9 of the World Bank’s Guidelines: Selection and Employment of Consultants by World Bank Borrowers, January 2011 (revised July 2014). (“Consultant Guidelines”), setting forth the World Bank’s policy on conflict of interest.

Consultants may associate with other firms in the form of a joint venture or a sub consultancy to enhance their qualifications.

A Consultant will be selected in accordance with the Consultant Qualification Selection (CQS) method set out in the Consultant Guidelines.

 

SUBMISSION

All applications should be in English and must be properly filled in and be couriered or hand delivered with the subject ” Tracking and Tracing Mineworkers, Ex-Mineworkers and Their Dependants for Compensation Claims for Occupational Lung Diseases.” to the below address. Expressions of interest must be delivered in a written form to the address below in person, on or before 17th August, 2018, 1200 hour Local time.

Further information can be obtained at the address below during office hours 0800 to 1630 hours from Monday to Friday or via following emails. [email protected] cc [email protected]

Attn: Mr. Moeketsi Mokhoabo-Procurement Specialist and copy Mr. T Mosae -Procurement Manager Procurement Unit, Ground Floor, Ministry of Health Headquarters ,Corner Constitution Road & Linare Road P. O. Box 514, Maseru 100, Lesotho, Tel:(+266) 62474316/22326114/27323277

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