MHSA: COMMENCEMENT OF THE REGULATIONS RELATING TO TRACKLESS MOBILE MACHINERY
and AMENDMENT OF REGULATIONS RELATING TO FORMS

The Minister of Mineral Resources and Energy, under section 98(1)(h) of the Mine Health and Safety Act, 1996, determined 21 December 2022 as the date on which sub-regulations 8.10.1.2(b) and 8.10.2.1(b) in Chapter 8 of the Regulations to the Mine Health and Safety Act, 1996, came into operation.

The Minister further amended Chapter 21 (Reporting Forms) in terms of section 98(1)(x) of the Act, w.e.f 21 December 2022.

Chapter 8 – Machinery and Equipment
The Regulations under Chapter 8 referred to above, state the following:

8.10 Trackless mobile machinery

Collisions between trackless mobile machines and pedestrians

8.10.1.2 All underground diesel powered trackless mobile machines must be provided with means:
(a) to automatically detect the presence of any pedestrian within its vicinity. Upon detecting the presence of a pedestrian, the operator of the diesel powered trackless mobile machine and the pedestrian shall be warned of each other’s presence by means of an effective warning; and

8.10.1.2

(b) in the event where no action is taken to prevent potential collision, further means shall be provided to retard the diesel powered trackless mobile machine to a safe speed where after the brakes of the diesel powered trackless mobile machine are automatically applied. The prevent potential collision system on the diesel powered trackless mobile machine must fail to safe without human intervention.

Collisions between diesel powered trackless mobile machines

8.10.2.1 Every diesel powered trackless mobile machine must be provided with means to automatically detect the presence of any other diesel powered trackless mobile machine within its vicinity; and

8.10.2.1
(a) upon detecting the presence of another diesel powered trackless mobile machine, the operators of both diesel powered trackless mobile machines shall be warned of each other’s presence by means of an effective warning; and

8.10.2.1

(b) in the event where no action is taken to prevent potential collision, further means shall be provided to retard the diesel powered trackless mobile machine to a safe speed where after the brakes of the diesel powered trackless mobile machine are automatically applied. The prevent potential collision system on the diesel powered trackless mobile machine must “fail to safe” without human intervention.

Chapter 21 – Forms
The following forms were substituted:

Report Form 21(9)(2)(a)
Airborne Pollutants – Particulate Personal Quarterly Report Form

Report Form 21(9)(2)(b)
Airborne Particulates Gases and Vapours Personal Quarterly Report Form

Report Form 21(9)(2)(c)
Heat Stress Exposure Quarterly Report Form

Report Form 21(9)(2)(d)
Cold Stress Exposure Quarterly Report Form

Report Form 21(9)(2)(e)
Personal Noise Exposure Quarterly Report Form

Report Form 21(9)(2)(f)
Operational Report Form

Publication Details:
Published under Government Notices 2908, Government Gazette 47790, dated 21 December 2022; and
Government Notice 2909, Government Gazette 47791 of 21 December 2021.

Where do I access this information?
Please email your request to Marlize de Jager, marlize@implex.co.za

MHSA: INCIDENT REPORTING AND INVESTIGATION PROTOCOLS FOR APPROVED SELF-CONTAINED SELF-RESCUERS

MANDATORY ANNEXURE 5 OF COP FOR MANAGEMENT OF SELF-CONTAINED SELF-RESCUERS IN MINES

The Chief Inspector of Mines in line with section 49(6) of the Mine Health & Safety Act 29 of 1996 issued the Guideline (Ref no: DMR 16/3/2/4-A8): MANDATORY ANNEXURE 5 – Incident reporting and investigation protocols for Approved Self-Contained Self-Rescuers.

More Information:

The Guideline for the Compilation of a Mandatory Code of Practice for the Management of Self-contained Self-rescuers in Mines, DMR 16/3/2/4-A8, was published under GNR 27 of 2020, w.e.f 1 July 2020. This guideline provides a framework to assist employers to implement principles required for the management of procedures intended for the appropriate deployment of SCSRs in mines.

During the enforcement and implementation of this guideline, the following gaps were identified:
• There is no provision for the reporting of incidents on SCSRs;
• There is no provision for the investigation of incidents on SCSRs;
• There is no guidance on the handling and reporting of incidents and occurrences taking place at off-mine sites such as the Authorised Testing Authorities (ATAs) and the South African Bureau of Standards (SABS) during testing and assessment of certified SCRSs.
To address these gaps the mandatory Annexure (Annexure 5) on “Incident reporting and investigation protocols for Approved Self-Contained Self-Rescuers” was developed.

This document provides guidance on the reporting of incidents, including the related investigation protocols, related to approved Self-Contained Self-Rescuers (SCSRs) deployed in South African mines or in the custody of, or during functional performance testing by, the Authorised Testing Authority.

This protocol is applicable to all underground mines and mining construction works where the use of SCSR is deemed necessary under Chapter 16 of the MHSA. The scope of this protocol is to cater for on-mine incidents which are not relevant under the provisions of Chapter 60 of the MHSA and Chapter 23 of the MHSA Regulations. This may include aspects of lamp room procedures observed by the ATA and which may require such investigations.

More significantly, the protocol intends addressing any relevant incidents and occurrences taking place at off-mine sites such as at ATA and SABS premises during the testing and assessment of certified SCSRs.
The protocol provides guidance in the use of a structured, objective and consistent approach in the investigation and reporting of SCSR incidents that fall outside the ambit of investigations intended under Chapter 60 of the MHSA.

The protocol addresses, inter alia, the following matters:
• Incident investigation and reporting, which includes –
a) On-mine SCSR incident investigations;
b) ATA or SABS incident investigations;
• Incident Reporting: Responsibility and Confidentiality, which includes –
a) Reports based on investigations conducted by the mine;
b) Reports based on investigation by the OEM;
• Investigation report

Publication Details:
This protocol was given under instruction of the Principal Inspector of Mines on 26 August 2022 and was not published in the Government Gazette.

Where do I access this information?
Please email your request to Marlize de Jager, marlize@implex.co.za

MHSA: PUBLICATION OF THE DRAFT MINE HEALTH AND SAFETY AMENDMENT BILL, 2022, FOR PUBLIC COMMENT

Take note that the Minister of Mineral Resources and Energy published the Draft Mine Health and Safety Amendment Bill, 2022, for public comment. Interested and affected parties were invited to submit written representations on the Draft Mine Health and Safety Amendment Bill on or before 29 July 2022, for attention of Ms Stella Mamogale, Email address: representations@dmre.gov.za.

The Amendment Bill proposes changes to the following sections of the Mine, Health & Safety Act 29 of 1996:
2. Employer to ensure safety
2A. Chief executive officer charged with certain functions
3. Owner must appoint manager
6. Employer to ensure adequate supply of health and safety equipment
7. Employer to staff mine with due regard to health and safety
9. Codes of practice
10. Employer to provide health and safety training
11. Employer to assess and respond to risk
12. Employer to conduct occupational hygiene measurements
13. Employer to establish system of medical surveillance
17. Exit certificates
20. Employee may dispute finding of unfitness to perform work
42. Mine Health and Safety Council
43. Council’s duties
47. Inspectorate established
49. Chief Inspector of Mines’ functions
50. Inspectors’ powers
54. Inspector’s power to deal with dangerous conditions
57. Right to appeal inspectors’ decisions
59. Appeal does not suspend decision
72. Inquiry records and reports
75. Minister may prohibit or restrict work
76. Minister may declare health hazards
80. Minister may apply other laws to mine
85. Juvenile employment underground prohibited
86. Negligent act or omission
92. Penalties
93. Magistrate’s court has jurisdiction to impose penalties
96. Delegation and exercise of power
98. Regulations
102. Definitions
Schedule 4 – Transitional provisions
Schedule 6 – Constitution of the mine health and safety council
Schedule 8 – Maximum fines or period of imprisonment that can be imposed for offences

Insertion of the following new sections:
2B Appointment of Chief Executive Officer
11A Investigation by employer
13A Findings of unfitness to work
55C Payment of fines

Repeal of the following section:
S49A Financial and judicial management of Mine Health and Safety Inspectorate.

Publication Details:
This notice was published in Government Gazette 46546, Government Notice R. 1086, dated 15 June 2022.

Where do I access this information?
Please email your request to Marlize de Jager, marlize@implex.co.za

MHSA: DMR PUBLISHES MANDATORY CODES OF PRACTICE GUIDELINES

On 11 February 2022 the Department of Mineral Resources published two (2) Guidelines for the Compilation of Mandatory Codes of Practices in terms of the Mine Health and Safety Act, Act 29 of 1996 in Government Gazette No.45903.

Legal Status of Code of Practice

In accordance with section 9(2) of the MHSA, an employer must prepare and implement a COP on any matter affecting the health or safety of employees and other persons who may be directly affected by activities at the mines if the CIOM requires it. These COPs must comply with any relevant guideline issued by the CIOM [section 9(3)]. Failure by the employer to prepare or implement a COP in compliance with this guideline is a breach of the MHSA.

GUIDELINES FOR THE COMPILATION OF MANDATORY CODES OF PRACTICES:

Gov. N 1754: Guideline for a mandatory Code of Practice for an Occupational Health Programme on Thermal Stress
Reference number: DMRE 16/3/2/4-B6
Last Revision Date: 30 June 2021
Date first issued: 1 February 2002
Effective Date: 1 May 2022

In an attempt to address matters affecting the health of workers in the mining industry, the MHSC established a tripartite sub-committee under the auspices of the MOHAC. MOHAC found it necessary that in order to address these matters a guideline for a mandatory COP on thermal stress be drafted.

Significant risks to health of employees in the mining industry exist. In order to protect, monitor and promote the health status of employees, an occupational health program is required where exposure to such significant risks occurs. MOHAC considered it appropriate to prepare a guideline covering both occupational hygiene and medical surveillance to ensure compliance to the requirements of the MHSA and to bring about uniformity of health standards in the South African Mining Industry.

Where the employer’s risk assessment indicates a need to establish and maintain either a system of occupational hygiene measurements or a system of medical surveillance, or where regulation(s) required either of the systems, the employer must prepare and implement a COP based on this guideline.

Thermal stress management is a multifaceted approach to promote worker health and safety through minimizing human thermal stress and the incidence of heat or cold disorders.

Occupational thermal exposure is a health and safety hazard of no uncertain dimensions and, typically, has to be dealt with through strategies which embrace environmental engineering, administrative controls and personal protection. This scenario finds application in most South African mines and associated surface operations. The fundamental perspective to retain, however, is that source control through engineering means represents the primary strategy, irrespective of the hazard in question (see paragraph 7.1, Part C). Conversely, personal protection is not a convenient alternative to source control; at best it merely serves as an interim cost-effective expedient.

This guideline assists employers with the establishment of an Occupational Health Program, but does not stipulate specific requirements for specific circumstances. It sets out a basic system for managing risk to health. The first component of any management system is finding out what the situation is, and secondly deciding what to do about it.

Gov. N 1755: Guideline for a mandatory Code of Practice for an Occupational Health Programme (Occupational Hygiene and Medical Surveillance) for Noise
Reference number: DMRE 16/3/2/4-B7
Last Revision Date: 30 July 2021
Date first issued: 1 February 2002
Effective Date: 1 May 2022

The Mine Health and Safety Council, in order to address occupational health, instructed the DME to establish an Occupational Hygiene Database. Information submitted to the DME in terms of this guideline will be used by the DME to establish this database.

MOHAC considered it appropriate to prepare a noise guideline covering both occupational hygiene and medical surveillance to ensure compliance and uniform standards.

Where the employer’s risk assessment indicates a need to establish and maintain either a system of occupational hygiene measurements, or where such system is required by regulation, the employer must prepare and implement a COP based on this guideline.

This DEMRE guideline will assist employers with the establishment of an Occupational Hearing Conservation programme but does not stipulate specific requirements for specific circumstances. It sets out a basic system for managing risk to health. The first component of any management system is finding out what the situation is, the second is deciding what to do about it, and the third is to implement appropriate controls.

This guideline replaces the earlier guideline for the compilation of a mandatory COP for an occupational health programme for noise with reference number DMR 16/3/2/4-A3 published by the DMRE in 2003.

This guideline should be read in conjunction with SANS 10083, instruction 171 and the guideline for the compilation of a mandatory COP on minimum standards of fitness to perform work at a mine (reference number DMR 16/3/2/3-A3) and the guidance note for the implementation of STS in medical surveillance of NIHL (reference number DMR 16/3/2/3-B8).

Publication Details:
Published under Government Notices 1754 and 1755, Government Gazette 45903, dated 11 February 2022

Where do I access this information?
Please email your request to Marlize de Jager, marlize@implex.co.za

MHSA: GUIDELINE FOR THE COMPILATION OF A MANDATORY CODE OF PRACTICE FOR THE PREVENTION, MITIGATION AND MANAGEMENT OF COVID-19 OUTBREAK

The Chief Inspector of Mines, under section 49(6) of the Mine, Health and Safety Act 29 of 1996, issued the guideline on the prevention, mitigation and management of COVID-19 outbreak in terms of the Mine Health & Safety Act.
Reference Number: DMRE 16/3/2/5-A4
Last Revision Date: 26 November 2020
Date First Issued: 18 May 2020
Effective Date: 13 August 2021

Legal Status of Code of Practice
In accordance with section 9(2) of the MHSA, an employer must prepare and implement a COP on COVID-19 viral pandemic present and spreading in South Africa. This COP must comply with any relevant guidelines and instructions issued by the CIOM [section 9(3) of the MHSA], including regulations and guidelines from the DMA, the NDOH, NICD and all other applicable statutory obligations related to COVID-19. Failure by the employer to prepare or implement the mine’s COP in compliance with this guideline constitutes a criminal offence and a breach of the MHSA.

Objectives and Scope of the guideline
This guideline aims to assist employers as far as reasonably practicable to establish and maintain a COVID-19 prevention, mitigation and management programme at mines.

This guideline applies to all mines or parts thereof, mine employees, irrespective of employment category, and contract employees in the South African mining industry that might be exposed to COVID-19 in the performance or their duties.

Key elements to be addressed in the COP
The following key elements must be addressed in the COP:
a) Risk assessment and review
b) Start-up and on-going procedure for mines
c) COVID-19 Management Programme
d) Monitoring and reporting
e) Compensation for occupationally acquired novel corona virus (COVID-19)

Publication Details:
Published under Government Notice 701, Government Gazette 44947, dated 6 August 2021

Where do I access this information?
Please email your request to Marlize de Jager, marlize@implex.co.za