Legal Update Bulletin

Newsflash 5 of 2016

Wednesday, July 20, 2016 - Implex LCS
Dear Subscriber

Take note that the Chief Inspector of Mines under section 49(6) of the Mine Health and Safety Act, Act 29 of 1996 has, after consultation with the Council, issued the Guideline for Risk-Based Emergency Care on a Mine in terms of the Mine Health and Safety Act.

This notice was published in Government Gazette 40142, Government Notice 840 of 15 July 2016.

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Take note of the following:
Reference Number: DMR 16/3/2/3-A5
Last Revision Date: 28 July 2014
Date First Issued: First Edition
Effective Date: 31 October 2016

We have for ease of reference included an extract from the MCOP, Part C Format and Content of the Mandatory Code of Practice, Section 8 dealing with Aspects to be addressed in the COP.


The COP must set out how significant risks identified and assessed in terms of the risk assessment process referred to in paragraph 7.1, will be addressed. The COP must cover at least the aspects set out below:
8.1 Determining emergency care requirements for each working site:
The COP should set out a process for determining the emergency care requirements for each work site. In order to provide appropriate emergency medical care this process should entail at least the following steps:
8.1.1 Risk rating of the work site
The employer should use a risk assessment process to classify each work site into tow, medium or high risk for employees requiring emergency care. As the risk rating increases so do the requirements for emergency care services in terms of the number and qualifications of first aid providers and the type and quantities of first aid equipment and other supplies.
8.1.2. Calculating the response time and classifying the work sites
In order to calculate the response time to the emergency and classify work sites in terms of response time, the COP should require that the following steps be taken:
Step 1: Determine the EMS response time to the operation site.
EMS response time is the time from calling EMS to the time that the EMS arrives on the operation site;
Step 2: Determine the time to the side of the patient.
The time it would take for the EMS staff to get from the point of arrival on site to the side of the patient to start administering treatment. This will depend on several local factors such as opencast vs. underground mining work site, depth/level of work site underground, size of surface operation, etc.
Step 3: Response time to the emergency = EMS response time to the operation site plus the time to the side of the patient.
Step 4: Classify work sites in terms of response time.

Close Work Site = Time to site < 30 minutes
Distant Work Site =Time to site 30-60 minutes
Isolated Work Site = Time to site > 60 minutes
8.1.3 Establishing First Aid requirements
Once each working site has been appropriately rated in terms of risks, and response time established, the first aid requirements must be determined in accordance with the following: Number of employees at the work site per shift; Level of first aid training that could be required by persons having to administer first aid; First aid equipment (pack) as illustrated in table in Annexure C; and Special risks, e.g. cyanide poisoning, pregnancy, etc.
8.1.4 Determining appropriate First Aid Competencies Determine number of first aiders that need to be trained to ensure appropriate emergency care can be provided at all times.
8.1 4.2. Determine the appropriate levels of first aid competencies that could be required at each work site having regard to the different levels of competencies in Table 1 below.
TABLE 1:    
Mining industry First Aid Training levels in relation to applicable National Qualifications Framework (NQF) registered unit standards






Most Competent

Most competent   Competencies to be customised to the mining Industry and aligned to the first aid standards of the Sectoral Education and Training Authority (SETA), as established under the Skills Development Act No. 97 of 1998.

NQF Level 3

First Aid


1. Principles of advanced first aid in emergencies.

2. Demonstrate an advanced level of preparedness to deal with sudden illness or emergency.

3. Assess and manage an emergency scene/disaster.

4. Anatomy and macro physiology of the human body

5. Disorders and diseases.

6. Primary first aid support for adults, children and infants.

7. Causes of shock and emergency treatment.

First Aid for cyanide poisoning

(Additional training where the risk exists/applies)

1. Preparation required to administer first aid for cyanide poisoning.

2. First Aid for cyanide poisoning.

3. Recording and reporting duties.

4. Final duties.

NQF Level 2

First Aid


1. List relevant information from South African Qualifications First Aid Authority (SAQA) standards Training Principles of First Aid.

2. Contents of first aid kit plus maintenance and storage.

3. Emergency scene management.

4. Choking.

5. One-man Cardiopulmonary Resuscitation.

6. Recovery position.

7. Control of bleeding.

8. Management of general shock and anaphylaxis.

9. Immobilisation and transport techniques, especially neck & spinal injuries.

10. Head Injuries and levels of unconsciousness.

11. Fractures, dislocations and sprains.

12. Wound management.

13. Burns.

14. Thermal stress especially febrile patient & hyper/hypothermia.

15. Poisons e.g. common and working site accidental poisoning; overdose: animal/marine/insect/reptile bites and stings.              16. Common Illnesses e.g. Diabetes, Epilepsy, Asthma, Stroke, Heart attack.

17. Keep records of incident/accident.

18. Communicated on transferral of injured or ill person.

19. Reported in accordance with current & accepted work site procedures and policies.

NQF Level 1   

First Aid


1. Principles of First Aid.

2. Emergency Scene Safety.

3. Elementary Anatomy & physiology.

4. Cardio-Pulmonary Resuscitation (one man).

5. Choking.

6. Severe haemorrhage.

7. Common injuries (Wounds; fractures; Dislocations; Soft tissue injuries; Burns; Unconsciousness; Head injuries; Spinal injuries).

8. Common conditions (Shock; Hyperthermia; Poisonous gases).

9. Transport of casualty.

10. Report and transfer of patient.

Least competent

First Aid


1. Understanding First Aid.  

2. Protection against infections.

3. First Aid and the law.

4. First Aid principles.

5. Assessing the scene.

6. Make area safe.

7. Give emergency aid.

8. Calling for assistance.

9. Head to Toe examination.

8.1.5 Control of First Aid equipment
The COP must set out a procedure to ensure effective control and management of all first aid equipment.
8.2 Ensuring sufficient and appropriated trained first aiders 
The COP must set out a procedure to ensure that:
8.2.1 The first aid training is aligned with levels of first aid competencies that could be required at each work site;
8.2.2 Sufficient numbers of first aiders are trained and available to ensure appropriate emergency care can be provided at all times; 
8.2.3 The first aid training provided to employees complies with First Aid unit standards determined by the South African Qualifications Authority and recognised by the Mining Qualifications Authority; 
8.2.4 The First Aid training is conducted by an accredited service provider and refreshers are conducted at appropriate intervals; 
8.2.5 The accredited service provider must have a programme to ensure quality control of systems and competencies of trainers, as well as updated training material; and 
8.2.6 The minimum competencies of first aiders are as set out in table 1.
8.3 Transfer and transportation arrangements from the mine
If the required level of emergency care is beyond the capabilities of the first aiders and facilities available at the mine, appropriate alternative pre-hospital transfer and transportation arrangements must be in place. In order to ensure that the patient is transferred and transported in accordance with the requirements for the type of emergency care required, the COP must set out a procedure to ensure that: 
8.3.1 Where required, transfer agreements with service providers are entered into for transportation and recipients of transfers, such as ambulance services and neighbouring hospitals; 
8.3.2 The patient is stabilised before transfer, in order to avoid further complications;
8.3.3 Any receiving health facility/institution is given adequate prior notice about the transfer and the condition of the patient;
8.3.4 Where possible, the patient is informed of the need to be transferred to a health care facility;
8.3.5 The patient's information is appropriately recorded in an accident/ incident register, and
8.3.6 Follow-up is done to confirm the patient's arrival and acceptance by the receiving health facility/institution.
8.4 Information related to emergency care signage
The COP must set out a procedure to ensure that emergency care signage is brought to the attention of all persons at a mine, which measures could include the display of appropriate, prominently displayed and clearly visible notices at working sites. In respect of notices and signs, note should be taken of SANS standards 0400 SABS 1186.


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Implex regards, 
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