Regulations

Under section 98 of the Mine Health and Safety Act, 1996 (Act No. 29 of 1996), I, Penuell Mpapa Maduna, Minister of Minerals and Energy, hereby make the regulations in the Schedule.

P.M. Maduna
Minister of Minerals and Energy

Regulations

Arrangement of Regulations

Chapter 1 Appointments and Administration

1.1 Prescribed period for representations

1) Representations are invited by the Principal Inspector of Mines as contemplated in section 55D(1)(b) must be submitted to the Principal Inspector of Mines within 30 days of the date of the invitation or within such further period or periods as the Principal Inspector of Mines may determine.

1.2 Prescribed period for payment of fine

1) A fine imposed on an employer in terms of section 55D, must be paid to the Principal Inspector of Mines within 60 days of the date on which the fine was imposed or within such further period or periods as the person or court imposing the fine, may determine.

2) The date on which the fine is imposed is regarded as the date on which notification of the administrative fine was served on the employer by--

1. hand;
2. registered post; or
3. any other form of communication agreed to between the employer and the Principal Inspector of Mines.

Chapter 2. Duties and Responsibilities

Chapter 3. Electricity

Chapter 4. Explosives

Chapter 5. Fires and Explosions

Report to Employer

1) The employer must ensure that a competent person reports to the employer, at appropriate intervals determined in accordance with the mine’s risk assessment, on -

1. the effectiveness of the precautionary measures taken to prevent or suppress explosions of coal dust or flammable gas; and
2. the adequacy of measures in place to prevent, detect and combat the start and spread of mine fires.

Reference is made to the following Guidelines issued by the Chief Inspector of Mines in terms of section 9(2) of this Act

• Guideline for the Compilation of a Mandatory Code of Practice for the Prevention of Coal Dust and Flammable Gas Explosions: Ref.: DME 16/3/2/1-A1
• Guideline for the Compilation of a Mandatory Code of Practice for the Prevention of Flammable Gas Explosions in Mines Other than Coal DME 16/3/2/1-A2

Chapter 6 Health and Safety Representatives and Committees

6.1 Prescribed period to enter into negotiations and consultations

1) The employer of a mine required to enter into negotiations in terms of sections 26(1) and 33(1), must commence negotiations within one month of the obligation to do so arising.

2) The employer of a mine required to enter into consultations in terms of sections 26(6)or (7) and 33(6) or (7), must commence consultations within one month of an obligation to do so arising.

3) If no collective agreement is concluded on the number of full-time health and safety representatives within three months of negotiations commencing in terms of regulation 6.1(1), any party to a dispute in terms of section 26(8)(a) may refer the dispute to the Commission.

4) If no agreement is concluded on the number of full-time health and safety representatives within three months of consultations commencing in terms of regulation 6.1(2), any party to a dispute in terms of section 26(8)(b) may refer the dispute to the Commission.

(The obligation to negotiate arises when there is a representative trade union at a mine and when there are 20 or more, or 100 or more, employees at the mine in the case of sections 26(1) and 33(1), as the case may be.

In terms of section 33(8) the negotiations and consultations contemplated in sections 26(1) and 33(1) may be held at the same time.)

6.2 Application of Regulations

If a collective agreement dealing with the election of health and safety representatives, full-time health and safety representatives or employee representatives on health and safety committees is concluded in terms of Chapter 3 of this Act, the regulations in this Chapter dealing with such election do not apply.

(Section 33(4) authorises this regulation.)

6.3 Establishment of Election Committee

1) The employer must establish an election committee.

2) The election committee--

1. must include an appropriate number of employee representatives; and
2. may include a number of employer representatives.

3) If the election committee includes employer representatives, their number must be equal to or less than the number of employee representatives.

4) The employee representatives on the election committee must be appointed--

1. by the representative trade union at the mine;
2. if there is no representative trade union at the mine, by the registered trade unions with members at the mine; or
3. if there is no registered trade union members at the mine, by the employees at the mine.

6.4 Duties of Election Committee

The election committee must--

1. determine fair and reasonable procedures for the nomination and election of health and safety representatives;
2. ensure that elections are conducted in terms of such procedures;
3. appoint and election officer and one or more counting officers for each election; and
4. after consultation the employer, determine the date, time and place of each election.

6.5 Duties of Employer

1) The employer must--

1. as far as practicable, ensure that every employee is made familiar with the nomination and election procedures;
2. give reasonable and understandable notice to the employees of the date, time and place of each election;
3. provide the facilities and assistance reasonably necessary for the election committee to perform its functions;

4. provide the facilities reasonably necessary for--

   1. the election of health and safety representatives; and

   2. the appointment of employee representatives on any health and safety committee; and

5. provide reasonable time off work, without loss of remuneration, for employees to participate in the elections of health and safety representatives.

2) The Chief Inspector of Mines may issue guidelines regarding the facilities and assistance to be provided in terms of regulation 6.5(1).

6.6 Nomination of Health and Safety Representatives

1) Every candidate for election as a health and safety representative for a shift and designated working place must be nominated for election by an employee who works on the same shift at the designated working place.

(Section 28(1) prescribes the qualifications of health and safety representatives.)

2) Every candidate for election as full-time health and safety representative for a mine must be nominated for election by an employee.

(Section 28(2) prescribes the qualifications of full-time health and safety representatives.)

6.7 Procedures for the Election of Health and Safety Representatives

1)

1. If only one candidate is nominated for election as a health and safety representative for a shift at a designated working place, the election officer must declare the candidate elected.
2. If two or more candidates are nominated for election as a health and safety representative for a shift at a designated working place, the election officer must hold an election.

2) Every election for a health and safety representative--

1. must be under the control of the election officer; and
2. is only valid if 50% or more of the employees who work on the same shift at the designated working place concerned vote in the election.

3)

1. If less than 50% of the employees who work on the same shift at the designated working place concerned vote in the election, the election officer must, after consulting the employer, determine a date, time and place for a subsequent election.
2. Regulation 6.7(2)(b) does not apply to such subsequent election.

Every employee on a shift at a designated working place has one vote in the election of every health and safety representative for that shift and designated working place.

5) The counting officers must, under the supervision of the election officer, count all valid votes.

6) The election officer must announce the results of the count to the employees concerned.

7) If an election for an alternate health and safety representative is held, it must be conducted in the same manner as an election for a health and safety representative.

6.8 Procedures for the Election of Full-time Health and Safety Representatives

1) If the number of candidates nominated for election as full-time health and safety representative at a mine is--

1. not more than the number that must be elected, the election officer must declare the candidates elected; or
2. more than the number that must be elected, the election officer must hold an election.

2) Every election for a full-time health and safety representative--

1. must be under control of the election officer; and
2. is only valid if 50% or more of the employees vote in the election.

3)

1. If less than 50% of the employees vote in the election, the election officer must, after consulting the employer, determine a date, time and place for a subsequent election.
2. Regulation 6.8(2)(b) does not apply to such subsequent election.

4) Every employee has one vote in the election of every full-time health and safety representative.

5) The counting officers must, under the supervision of the election officer, count all valid votes.

6) The election officer must announce the results of the count to the employees concerned.

6.9 Appointment of Health and Safety Representatives

The employer must--

1. within 7 days of election, appoint in writing every employee elected as a health and safety representative;
2. provide every health and safety representative with suitable means if identification as a health and safety representative; and
3. prominently and conspicuously display the photograph and name of the health and safety representative at an appropriate place at the mine.

6.10 Appointment of Employee Representatives on Health and Safety Committee Every employee representative on a health and safety committee at a mine must be appointed by a majority of the health and safety representatives at the mine.

(Section 34(4) requires the employee representatives on health and safety committees to be appointed by the health and safety representatives.)

6.11 Period of Office

1) The period of office of any health and safety representative or employee representative on a health and safety committee is three years.

2) Despite regulation 6.11(1) the health and safety committee may determine shorter periods of office for--

1. health and safety representatives;
2. full-time health and safety representatives; and
3. employee representatives on a health and safety committee.

Every health and safety representative and employee representative on a health and safety committee may be reappointed in accordance with the provisions of these regulations after the expiry of their periods of office.

6.12 Vacation of Office and Filling of Vacancies

1) A health and safety representative must vacate office on expiry of that representative's period of office or if--

1. the representative--

   1. no longer satisfies the qualifications contemplated in section 28(1); or

   2. resigns as a health and safety representative; or

2. so required in writing on the grounds that the representative has not properly performed the functions of a health and safety representative by--

   1. at least 50% of the employee representatives on the health and safety committee; or
   2. at least 50% of the employees who work on the same shift at the designated working place as the health and safety representative.

2) A full-time health and safety representative must vacate office on expiry of that representative's period of office or if--

1. the representative--

   1. no longer satisfies the qualifications contemplated in section 28(2); or

   2. resigns as a full-time health and safety representative; or

2. so required in writing on the grounds that the representative has not properly performed the functions of a full-time health and safety representative by--

   1. at least 50% of the employee representatives on the health and safety committee; or
   2. at least 50% of the employees.

3) The employer must within 7 days from the time when health and safety representative must vacate office in terms of regulation 6.12(1) or (2), terminate the health and safety representative's appointment and in writing notify the health and safety representative of it.

4) A vacancy contemplated in regulation 6.12(1) or (2) must be filled by a health and safety representative elected in a by-election held in terms of regulation 6.7 or 6.8, as the case may be.

5) An employee representative on a health and safety committee must vacate office on the committee on the expiry of such representative's period of office or if that representative--

1. is removed from office by a majority vote of employee representatives on the health and safety committee on grounds that the representative has not properly performed the functions of an employee representative on the health and safety committee; or
2. resigns as employee representative on the health and safety committee.

6) A vacancy contemplated in regulation 6.12(5) must be filled by an employee appointed in terms of regulation 6.10.

Chapter 7 Inspectorate of Mine Health and Safety

7.1 Qualifications of inspectors

1) An officer must comply with the appointment requirements of the Personnel Administration Standard for the Occupational Class: Inspector: Mines or the Occupational Class: Inspector: Mining Machinery approved by the Public Service Commission read in conjunction With Public Service Staff Code K.II/I to be appointed as an inspector on the establishment of the Mine Health and Safety Inspectorate.

7.2 Authorisation Certificate

1)

1. The Chief Inspector of Mines must issue each inspector appointed in terms of section 49(1) with a certificate DME 34 signed by the Chief Inspector of Mines.

2. The certificate which must include the names, identification number and a photograph of the inspector, must indicate--

   1. the position in which the inspector is employed; and

   2. that the inspector may, in terms of section 50(1), enter any mine for the purposes of monitoring or enforcing compliance with this Act.

      (Section 49(2) requires the Chief Inspector of Mines to issue a prescribed certificate to each inspector.)

2)

1. The Chief Inspector of Mines must issue each person authorised under section 49(4)(b) with a letter of authorisation and a certificate DME 35 signed by the Chief Inspector of Mines.

2. The letter of authorisation must include--

   1. the names of the person;
   2. the functions to be performed by the person;
   3. the area in which the functions will be performed; and

   4. the period for which the person is authorised.

3. The certificate, which must include the names, identification number and a photograph of the, authorised person, must indicate that the person--

   1. is appointed to perform the functions of an inspector as indicated in the letter of authorisation; and

   2. may, in terms of section 50, enter any mine to perform such functions.

      (Section 49(5) requires the Chief Inspector of Mines to issue a prescribed certificate to each person authorised to perform the functions of an inspector.)

3) Every inspector appointed or person authorised under section 49(1) or 49(4) as the case may be, must at all times when entering, or performing any function at any mine--

1. carry on their person, certificates DME 34 or 35 and the letter of authorisation issued in terms of regulation 7.2(2), as the case may be; and
2. must show such certificate and letter to the employer of the mine or the person in charge of any working place at the mine, if requested to do so.

4)

1. Despite regulations 7.2(1) to (3) the Principal Inspector of Mines may issue a letter, signed by the Principal Inspector of Mines to any inspector appointed or person authorised under section 49(1) or 49(4), as the case may be, who for any reason is not in possession of a certificate DME 34 or 35.
2. The letter issued under regulation 7.2(4)(a) must include the names of the inspector or person and the official stamp of the office of the Principal Inspector of Mines and must state that the inspector or person is duly appointed or authorised under section 49(1) or 49(4), as the case may be.
3. Regulation 7.2(3) is applicable to a letter issued under regulation 7.2(4).

A certificate DME 34 or 35 or a letter contemplated in regulation 7.2(4) is deemed to be adequate proof of an appointment or authorisation under section 49(1) or 49(4), as the case may be.

Chapter 8. Machinery and Equipment

8.1 Air Compressors

1) The employer must ensure, in the case of air compressors with a free delivery in excess of 0.15 cubic metres per second and where compression takes place in the presence of lubricating oil, that the compressor is fitted with automatic means of limiting the operating temperature and pressure of the compressor to a safe level.

Chapter 9. Mine Environmental Engineering and Occupational Hygiene

9.1 Environmental Engineering

1) No person may use, or permit any person to use, compressed air:

1. in such a manner that it might endanger the health or safety of any person; or
2. to clean the body of any person or clothes being worn by any person.

Early Warning Systems

2) Where the risk assessment at the mine indicates a significant risk of a fire and/or explosion and/or toxic release, that could lead to an irrespirable atmosphere or an atmosphere immediately dangerous to life or health, the employer must provide an early warning system or systems at all working places.

Ventilation Control Devices

3) The employer must ensure that polymer underground ventilation control devices or appliances, which have' the potential for electrical static discharge-

1. comply with the SABS standard specifications 1287: Part I and Part II; and
2. are of anti-static characteristics when used in working places where there is a risk of igniting gas, dust or vapour.

Working places where work has ceased

4) The employer must take reasonably practicable measures to ensure that no employee is exposed to any health hazard at, or emanating from, any working place where work has ceased, either temporarily or permanently.

9.2 Occupational Hygiene

Occupational exposure to health hazards

1) The employer must ensure that the occupational exposure to health hazards of employees .is maintained below the limits set out in Schedule 22.9(2)(a) and (b).

System of Occupational Hygiene Measurements

2) The employer must establish and maintain a system of occupational hygiene measurements, as contemplated in section 12, of all working places where the following hazard limits prevail:

1. airborne pollutants

1. particulates ³ 1/10 of the occupational exposure limit;

2. gases and vapours ³ 1/2 of the occupational exposure limit;

2. thermal stress

   1. heat > 25,0°C wet bulb and/or > 32,0°C dry bulb and/or > 32,0"C mean radiant temperature

   2. cold < 10 °C equivalent chill temperature; and

3. noise - ³ 82dBL AEq.8h

Reference is made to the following Guidelines issued by the Chief Inspector of Mines in terms of section 9(2) of this Act

• Guideline for the Compilation of a Mandatory Code of Practice for an Occupational Health Programme on Personal Exposure to Airborne Pollutants: Ref. No. DME 16/3/2/4-A1
• Guideline for the Compilation of a Mandatory Code of Practice for an Occupational Health Programme on Personal Exposure to Thermal Stress Ref. No. DME 16/3/2/4-A2

3) The competent person engaged by the employer in terms of section 12(1) must, as part of the compliance with section 12(2)(b), report to the employer on -

1. the occupational hygiene risk assessment, with specific reference to planning, design, implementation and management of occupational hygiene at the mine;
2. the occupational hygiene hazards that may cause illness or adverse health effects to persons, assess the results in terms of the implementation of control systems and the management thereof, and recommend remedial actions to the employer.

Provision of potable and palatable water

4) The employer must ensure that sufficient potable and palatable water, which comply with the requirements set out in Schedule 22.9(2)(c), is readily available to all employees and clearly identified as drinkable.

Provision and maintenance of ablution and change house facilities

5) The employer must provide and maintain suitable and adequate:

1. change houses to enable employees who perform work involving hazardous substances to change into working clothes at the start of their shift and to wash themselves and change their clothes at the end of their shift;
2. facilities to enable employees who perform work involving hazardous substances to wash their hands and faces before eating any meals at work; and
3. readily available latrine facilities, within a reasonable distance from each working place.

Working Clothes

6) No employee may remove clothes referred to in regulation 9:2(5)(a) from the mine unless such clothes have been decontaminated.

Report to Regional Principal Inspector

7) The employer must annually submit to the regional principal inspector of mines, on forms 21.9(2)(a); 21.9(2)(b); 21.9(2)(c) and 21.9(2)(d), prescribed in chapter 21, and within 30 days from the end of the relevant annual reporting period as indicated on each form, reports which contain quarterly information on the airborne pollutant, heat stress, cold stress and noise aspects of the system of occupational hygiene measurements, established and maintained in terms of regulation 9.2(2), covering the immediately preceding 12 months.

Respiratory Protective Equipment

8) The employer must ensure that all respiratory protective equipment used at a mine, other than body-worn self-contained self rescuers, comply with the South African bureau of Standards Code of Practice, Homologation of Respiratory equipment SABS 0338.

Illumination of Working Places

9) The employer must ensure that the illumination at all working places is sufficient to enable employees, who have conformed with the requirements of the vision tests conducted in terms of the Guideline for the Minimum Standards of Fitness to Perform work at a Mine, to perform their work safely.

Chapter 10 - Miscellaneous and General Provisions

10.1 Place of an Accident to be Left Undisturbed

1) When an accident causes the immediate death of any employee, the place where the accident occurred must not, without the consent of the Principal Inspector of Mines, be disturbed or altered before such place has been inspected by an Inspector or any other person authorised under section 49(4) by the Chief Inspector of Mines.

2) Regulation 10.1(1) does not apply if:

1. such disturbance or alteration is unavoidable to prevent further accidents, to remove fatalities and injured employees or to rescue employees from danger; or
2. the discontinuance of work at such place would seriously impede the working of the mine.

3) Despite regulation 10.1 (1), work may be resumed at the place where the accident occurred if such inspector or other person authorised by the Chief Inspector of Mines fails to inspect the place within three days after notice of the accident has been given.

10.2 Right to Attend Inspection in Loco

Any employee having a material interest in an accident referred to in paragraph 10.1(1) as well as that employee ‘s representative may attend any inspection in loco conducted by an. inspector but such attendance is at their own risk. In case such employee is, by reason of death or the severity of his/her injuries, unable to appoint any representative to attend the inspection in loco, the relatives, or in their absence the fellow employees, of such employee may appoint such representative.

Chapter 11 Occupational Medicine

11.1 Appeal regarding finding of unfitness to perform work

1) An appeal under section 20(1) must be lodged with the Medical Inspector--

1. within 30 days of a decision or finding that an employee is unfit to perform any particular category of work;
2. within 90 days of the date of issue of an exit medical certificate; or
3. within such period as the Medical Inspector may allow on good cause shown.

11.2 Annual Medical Report

The annual medical report contemplated in section 16(1) must include details regarding at least the following:

1. 1. Name of mine.

   2. Name, address and telephone number of the occupational medical practitioner responsible for compiling the annual medical report.

2. Type of mine. Commodity or commodities being mined.
3. Total number of employees (including contract workers) who were subject to medical surveillance in terms of section 13 during the reporting period and the total number of hours worked by those employees.
4. The number of initial, periodical and exit examinations conducted as part of the medical surveillance system.
5. An analysis of the employees’ health based on the employees’ records of medical surveillance, without disclosing the names of the employees.
6. Comments on the future direction of the medical surveillance system.
7. The number of employees certified for compensation for occupational diseases.

11.3 Exit Certificate

The exit certificate contemplated in section 17 must include details regarding at least the following:

1. Particulars of mine:

   1. Name of mine.
   2. Type of mine. Commodity or commodities being mined.
   3. Postal address.
   4. Telephone number.
   5. Fax number.

   6. Name of occupational medical practitioner responsible for producing the exit certificates [Section 17(4)].

2. Particulars of employee:

   1. Name.
   2. Date of birth.
   3. Any one of the following numbers: Identity number, the Department of Mineral and Energy (DME) number, industry number, company number, or Medical Bureau for Occupational Diseases (MBOD) number.
   4. Date of initial medical examination.

   5. Labour history, specifying occupations, periods in each occupation and, if available, the number of shifts worked in each occupation.

3. Exit medical summary:

   1. Date of last medical examination.
   2. Clinical comments on chest x-ray (CXR).
   3. International Labour Organization (ILO) classifications of the chest x-ray (CXR), if applicable.
   4. Lung function testing:
      • Forced Expiratory Volume in 1 second (FEV1):
            -- Actual and predicted percentages.
      • Forced Vital Capacity (FVC):
            -- Actual and predicted percentages.
      • Ratio of Forced Expiratory Volume in 1 second (FEV1)/Forced Vital Capacity (FVC)
             -- expressed as a percentage.
   5. Audiometry (hearing loss average in decibles (dB) at 0.5, 1, 2, 3 kilohertz (kHz)
   6. Other biological monitoring by the employer of the employee, and if so, comments on the results.
   7. The significant hazards/risks the employee was exposed to, such as dust, noise, radiation, chemical or other.
   8. Occupational diseases, past or present, including severity.
   9. Summary of whether any compensation has been received or if a claim for compensation has been submitted.
   10. Name and signature of occupational health practitioner completing the exit certificate if such certificate is not completed by the occupational medical practitioner responsible for producing the exit certificate.
   11. Signature of employee and date of receipt by employee of a copy of the exit certificate.

11.4. Noise

System and Medical surveillance

1) The employer must establish and maintain a system of medical surveillance, as contemplated in section 13, of all employees in any working place, where the equivalent, continuous A weighted sound pressure level, normalised to an eight hour working day or a forty hour working week, is equal to or exceeds 85 dB(A)

Types of Audiograms

2) The system of medical surveillance contemplated in regulation 11.4(1) must consist of a baseline audiogram, periodic audiograms and exit audiogram.

3) A competent person must perform all audiograms.

Baseline Audiogram

4) A baseline audiogram must be recorded before an employee commences employment or within 30 days of commencement of employment in any working place contemplated in regulation 11.4(1)

5) Testing for the baseline audiogram must not be done within 16 hours from when an employee has been exposed to an environment in which the noise level was equal to exceeded 85 dB(A). The use of hearing protection devices to effect this attenuation will not be acceptable.

6) The baseline audiogram is the better of the employee’s two audiograms performed on the same day and that do not differ from each other by more than 10 dB for any of the following measured test frequencies i.e. 0.5, 1, 2, 3 and 4 kilohertz (kHz).

7) If it is imposable to obtain two audiograms that comply with the requirements of regulation 11.4(6), the employees must be referred to a competent person to establish baseline-hearing levels in accordance with regulation 11.4(6) 8) If it is impossible for the competent person to establish baseline-hearing levels as contemplated in 11.4(7) the competent person may establish baseline-hearing levels by using other techniques, such as speech reception thresholds.

Periodic Audiograms

9) The employer must ensure that a periodic audiogram is obtained at least annually for all employees subject to medical surveillance in terms of regulation 11.4(1).

10) The periodic audiogram contemplated in regulation 11.4(9) must be performed at least 16 hours after any exposure of the employees to a noise level equal to or exceeding 85 dB(A). Use of appropriate hearing protection devices to reduce exposure will be acceptable.

Exit Audiogram

11) In addition to the exit medical examination for the purposes of section 17, the employer must arrange an audiogram for every employee subject to medical surveillance in terms of regulation 11.4(1) and who is permanently transferred to a working place in respect of which medical surveillance is not required under regulation 11.4(1)

12) An audiogram conducted within the preceding six months may be used as an exit audiogram for purposes of section 17 or regulation 11.4(11)

Chapter 12. Offshore Installations

Chapter 13. Outlets, Ladderways and Travelling Ways

Chapter 14. Protection of the Surface and the Workings

Chapter 15. Qualifications and Competencies

Chapter 16. Rescue, First Aid and Emergency Preparedness and Response

16.1 Report to Employer Relating to Explosions, Fires and Flooding

16.2 Issuing of Self-contained Self-Rescuers

Coal Mines

1) The employer of every coal mine must ensure that no person goes underground at the mine without a body-worn self-contained self-rescuer, which complies with the South African Bureau of Standards specification SABS 1737.

Mines other than Coal Mines

2) If at any mine other than a coal mine, the risk assessment in terms of section 11 shows that there is a significant risk that employee’s may be exposed to irrespirable atmospheres at any area at the mine, the employer must ensure that no person goes into such area without a body-worn self-contained self-rescuer, which complies with the South African Bureau of Standards specification SABS 1737.

Sole Allocation of a Self-contained Self-Rescuer

3) Any body-worn self-contained self-rescuer supplied to any employee, employed in a full time capacity at the mine, in terms of sub regulations 16.2(1) and 16.2(2), must be allocated to the employee for that employee’s sole use for the duration of the deployment of that self-contained self-rescuer at the mine or until that self-contained self-rescuer becomes defective and the employee is issued with another self-contained self-rescuer as required by these regulations.

16.3 No Defective Self-contained Self-Rescuer is Issued

Employer to ensure no defective self-contained self-rescuer is issued

1) The employer must ensure that no defective self-contained self-rescuer is issued for use to any employee at a mine.

16.4 Monitoring Programme

Annual testing of a Self-contained Self-Rescuer

1) The employer must annually have a representative sample of the self-contained self-rescuers at the mine tested by an organization accredited to do so in terms of the South African National Accreditation System for assessment of the structural integrity and functional performance.

Such representative sample must not be less than 1% of the self-contained self-rescuers at the mine and must be representative of the age and deployment of the self-contained self-rescuers.

Record keeping

2) The employer must keep the following information, on self-contained self-rescuers at the mine, covering the preceding 24 months: -

1. total number and makes of self-contained self-rescuers in service at the mine;
2. number and make of self-contained self-rescuers purchased by the mine in that period;
3. number and make of self-contained self-rescuers withdrawn from use by the mine in that period;
4. the number of shifts worked per day (1 , 2 or 3);
5. number of self-contained self-rescuers in daily use (average for each month);
6. number of employees underground (average per shift);
7. number of spare self-contained self-rescuers available (average per month);
8. a tabulation of the type of defects found;
9. number of self-contained self-rescuers repairedlrefurbished; and
10. number of self-contained self-rescuers tested in terms of regulation 16.4(1).

Chapter 17. Surveying, Mapping and Mine Plans

Chapter 18 Tripartite Institutions

18.1 Nomination of members to represent employees and employers

1) Nominations for the appointment of members of every tripartite Institution are invited by notice in the Gazette from--

1. every registered trade union with employees as members to represent employees; and
2. every employers' organisation with employers as members to represent employers.

(Section 98(1)(zC) empowers the Minister to make regulations for the appointment of members to the Council.

Section 98(zD) empowers the Minister to make regulations for the appointment of members to the Mining Qualifications Authority.

Schedule 2 allows for the nomination and appointment of members to tripartite institutions.)

2) Every nomination must be submitted in writing within 30 days of the notice referred to in subregulation (1) and must contain--

1. the name, address and a short curriculum vitae of the nominee;
2. the tripartite Institution for which the person is nominated;
if submitted by--
1. a registered trade union, a statement of the number of employees who are members of the union; or

2. an employer's organisation, a statement of the number of employees employed by the members of the organisation; and

3. any other information or documentation required in the notice.

3) Any registered trade union or employer's organisation that has submitted a nomination must, within 15 days of receiving a request from the Minister, provide such further information or documentation as the Minister may reasonably request regarding such nomination, including but not limited to information or documentation necessary to verify a statement contemplated in subregulation (2).

4) The nomination period referred to in subregulation (2) may be extended.

18.2 Appointment of members representing employees

The Minister must appoint persons, nominated under regulation 18.1(2) to represent employees as members of tripartite institutions so that--

1. the members are all nominated by agreement between registered trade unions representing at least 75% of employees belonging to such trade unions in the mining industry; or

2. failing agreement in terms of paragraph (a)--

   1. at least half the members are persons nominated by a registered trade union or unions representing the majority of employees belonging to registered trade unions in the mining industry; and
   2. the rest are persons nominated by registered trade unions with members employed in the mining industry and appointed in accordance with the significance in the mining industry of the trade unions concerned.

18.3 Appointment of members representing employers

The Minister, must appoint persons, nominated under regulation 18.1(2) to represent employers in the mining industry, as members of tripartite institutions so that--

1. the members are all nominated by agreement between employers' organisations whose members employ at least 75% of employees in the mining industry; or

2. failing agreement in terms of paragraph (a)--

   1. at least half the members are persons nominated by an employer's organisation or organisations whose members employ the majority of the employees in the mining industry; and
   2. the rest are persons nominated by employers' organisations and appointed in accordance with the significance in the mining industry of the organisations concerned.

18.4 Appointment of members representing departments of State

The Minister, after consulting the Chief Inspector of Mines, must appoint the members representing departments of the State on every tripartite institutions.

18.5 Term of office of members

1) A member of a tripartite institution is appointed for a period of three years.

2) Despite subregulation (1), a person appointed to replace a member of a tripartite institution who has vacated office before the expiry of such member's term of office, is appointed for the remainder of that member's term of office.

3) Every member of a tripartite institution is eligible for reappointment after the expiry of such member's term of office.

4) If for any reason a person to replace a member of a tripartite institution is not appointed at the expiry of the period of office of such member, the Minister may extend the period of office of such member for a period not exceeding six months.

18.6 Filling of casual vacancies

1) If a member vacates office in terms of the Constitution of the tripartite institution before the expiry of such member's terms of office, subject to subregulation (2)--

1. the party that nominated the member is invited to nominate a replacement; and
2. the Minister must appoint the person nominated as a member of the tripartite institution concerned.

(Section 97(3) empowers the Minister, after consulting the Council to add to this Act, Schedule 5 containing the constitution of the Council and its permanent committees.)

2) If the party contemplated in subregulation (1)(a) no longer satisfies the representative requirements of regulation 18.2 or 18.3--

1. nominations of persons to fill the vacancy are invited in terms of regulation 18.1; and
2. the Minister must appoint a person to fill the vacancy in terms of regulation 18.2 or 18.3.

3) If a member representing a department of the State on a tripartite institution vacates office before the expiry of such member's term of office, a person must be appointed to fill the vacancy in terms of regulation 18.4.

18.7 Publication of names of members

The names of persons appointed in terms of these regulations, their period of office and the parties who they represent are published by notice in the Gazette.

Chapter 19. Underwater Mining

Chapter 20 Definitions

20.1 Definitions

In these regulations a word or phrase to which a meaning has been assigned in this Act has that meaning and, unless the context otherwise indicates--

Audiogram
means a chart, graph or table indicating the hearing threshold levels of an individual as a function of frequency (viz 0.5, 1, 2, 3, 4, 6 and 8 kilohertz), as determined during a measurement of a person’s hearing threshold levels by means of monaural, pure-tone, air-conduction threshold tests.

Principal Inspector of Mines
means the officer appointed by the Chief Inspector of Mines to be in charge of health and safety in any region established by Government Notice No. R.92 of 15 January 1997; and

tripartite institution
means the Council, and its permanent committees and the Mining Qualifications Authority.

Chapter 21 - Forms

22. Schedules

9 (2) OCCUPATIONAL HYGIENE

22.9(2)(a) OCCUPATIONAL EXPOSURE LIMITS FOR AIRBORNE POLLUTANTS

In this Schedule the following terms/abbreviations have the meanings as set out below.

TERMS

"Occupational exposure limit" (OEL) means the time weighted average concentration for a 8 hour work day and a 40 hour work week to which nearly all workers may be repeatedly exposed without adverse health effects.

"Occupational exposure limit - Ceiling limit’’ (OEL - C) means an instantaneous value which must never be exceeded during any part of the working exposure.

"Occupational exposure limit - Short term exposure limit" (OELSTEL) means a 15-minute TWA exposure which should not be exceeded at any time during a workday even if the 8-hour TWA is within the OEL-TWA. Exposures above the OEL-TWA up to the STEL should not be longer than 15 minutes and should not occur more than four times per day.

There should be at least 60 minutes between successive exposures in this range. An averaging period &her than 15 minutes may be recommended when this is warranted by observed biological effects.

For those substances for which no OEL-STEL have been specified, excluding airborne particulates, a figure of three times the occupational exposure limit is to be used when controlling short-term excursions in exposure./p>

"Respirable particulates" means the respirable fraction of airborne particulates.

The table of limits is available in document 23583.pdf from http://www.gov.za

15

5)

1. The competent person referred to in regulations 5.1( 1) must be in possession of the following -

   1. Where the competent person performs the obligations underground:
      1) Certificate in Mine Environmental Contro1, issued by the Chamber of Mines of South Afiica.
   2. Where the competent person performs the obligations on surface:
      1) Intermediate Certificate in Mine Environmental Control, issued by the Chamber of Mines of South Africa,. and be certified as an Occupational Hygienist by the Southern African Institute for Occupational Hygiene; or
      2) Certificate in Mine Environmental Control, issued by the Chamber of Mines of South Africa.

9)

1. The competent person referred to in regulations 9.2(3) must be in possession of the following -

   1. Where the competent person performs the obligations underground:
      1) Certificate in Mine Environmental Control, issued by the Chamber of Mines of South Africa.
   2. Where the competent person perform the obligations on surface:
      1) Intermediate Certificate in Mine Environmental Control, issued by the Chamber of Mines of South Africa, and be certified as an Occupational Hygienist by the Southern African Institute for Occupational Hygiene;
      2) Certificate in Mine Environmental Control, issued by the Chamber of Mines of South Africa.

11)

1. "Competent person" for purposes of sub-regulation 11.4(3) means :
   1. A person registered with the Health Professions Council in any of the following three categories:
      (aa) As an ear, nose and throat specialist,
      (bb) In speech therapy and audiology, or
      (cc) As an occupational medical practitioner, or

   2. A person qualified in audiometric techniques from an institution registered with the relevant Education and Training Quality Assurer (ETQA) registered in terms of the South African Qualifications Authority Act (Act No. 58 of 1995)

2. "Competent person" for purposes of sub-regulation 11.4(7) and 11.4(8) means:

   1. A person registered as an audiologist with the Health Professions Council.

1. The competent person referred to in regulations 16.1( 1) must be in possession of the following -

   1. Where the competent person performs the obligations underground:
      1) Certificate in Mine Environmental Control, issued by the Chamber of Mines of South Africa.
   2. Where the competent person performs the obligations on surface:
      1) Intermediate Certificate in Mine Environmental Control, issued by the Chamber of Mines of South Afiica, and be certified as an Occupational Hygienist by the Southern African Institute for Occupational Hygiene;
      2) Certificate in Mine Environmental Control, issued by the Chamber of Mines of South Africa.

Chapter 23 - Reporting of Accidents and Dangerous Occurences

Accidents to be Reported

23.1 The employer must report to the Principal Inspector of Mines in the manner prescribed in this chapter any accident at the mine that results in:

1. the death of any employee;
2. an injury, to any employee, likely to be fatal;
3. unconsciousness, incapacitation from heatstroke or heat exhaustion, oxygen deficiency, the inhalation of fumes or poisonous gas, or electric shock or electric bum accidents of or by any employee and which is not reportable in terms of paragraph (d).
4. an injury which either incapacitates the injured employee from performing that employee ‘s normal or a similar occupation for a period totaling 14 days or more, or which causes the injured employee to suffer the loss of a joint, or a part of a joint, or sustain a permanent disability,
5. an injury, other than injuries referred to in paragraph (d), which incapacitates the injured employee from performing that employee ‘s normal or a similar occupation on the next calendar day.

23.2

1) An accident referred to in paragraph (a), (b) or (c) of regulation 23.1 must be reported immediately by the quickest means available and must be confirmed without delay on Forms SAMRASS 1 and 2 prescribed in Chapter 21.

2) An accident referred to in paragraph (d) of regulation 23.1 must, after the accident becomes reportable, be reported within three days on Forms SAMRASS 1 and 2 prescribed in Chapter 21.

3) The Form SAMRASS 9 must be submitted on a monthly basis for all persons not having returned to work at the time of submitting SAMRASS 2 on a monthly basis.

4) An accident referred to in paragraph (e) of regulation 23.1 must be reported without delay on a monthly basis, on Form SAMRASS 4 prescribed in Chapter 21

23.3

1) Where the death of an employee, referred to in regulation 23.1(a) is related to a rockburst or fall of ground, the duly completed Form SAMRASS 3, prescribed in Chapter 21, for such rockburst or fall of ground must be forwarded by the employer to the Principal Inspector of Mines within 14 days of such death.

2) When an injury results in the death of the injured employee after the report in terms of regulation 23.1 (b), (c), (d) or (e) has been given or when a slight injury, which was not reportable, results in the death of the injured employee, or when general sepsis or tetanus develops as a result of an injury, the employer must immediately report it to the Principal Inspector of Mines and without delay submit amended Form SAMRASS 1 prescribed in Chapter 21.

3) Where the injury of a person referred to in regulation 23 (1) or a dangerous occurrence referred to in regulation 23.4 (o), is related to the use of explosives, in addition to Form SAMRASS 1, the duly completed Form SAMRASS 5, prescribed in Chapter 21, must be forwarded by the employer to the Principal Inspector of Mines within 14 days of such occurrence.

4) Where the injury of a person referred to in regulation 23 (1) or a dangerous occurrence referred to in regulation 23.4 (f) is related to fires, in addition to Form SAMRASS 1, the duly completed Form SAMRASS 6, prescribed in Chapter 21, must be forwarded by the employer to the Principal Inspector of Mines within 14 days of such occurrence.

5) Where the injury of a person referred to in regulation 23 (1) or a dangerous occurrence referred to in regulation 23.4 (b) is related to a subsidence in a coal mine, in addition to Form SAMRASS 1, the duly completed Form SAMRASS 7, prescribed in Chapter 21, must be forwarded by the employer to the Principal Inspector of Mines within 14 days of such occurrence.

6) Where the injury of a person referred to in regulation 23 (1) is related to heat stroke or heat exhaustion, in addition to Form SAMRASS 1, the duly completed Form SAMRASS 8, prescribed in Chapter 21, must be forwarded by the employer to the Principal Inspector of Mines within 14 days of such occurrence.

Dangerous Occurrences to be Reported

23.4 The employer must report to the Principal Inspector of Mines in the manner prescribed in this Chapter any of the following dangerous occurrences at the mine

1. ROCKBURSTS AND FALLS OF GROUND

   An extensive rockburst or fall of ground causing the following damage underground -

   1. At least 10 linear metres of working face has been severely damaged and choked and will require re-establishment and re-supporting, or be abandoned;
   2. At least 25 m² of working area has been severely damaged and choked rendering support units ineffectual and will have to be re-established and re-supported or be abandoned;
   3. At least 10 linear metres of gully has been restricted with rock clearly recently displaced from the hanging wall and gully sidewalls;
   4. At least 10 linear metres continuous or 30 linear metres cumulative of access ways of tunnel or travelling way has been severely damaged and will require rehabilitation or be abandoned;
   5. At least 10 m² of roof or 5m³ of rock has been displaced from the roof of the mining cavity or excavation;

   6. At least 10m³ of rock has been freshly displaced from pillars or tunnel sidewalls.

2. CAVING

   Any unplanned or uncontrolled caving, side wall or slope failure or subsidence in the ground or workings, causing damage to the surface, which may pose a significant risk to the safety of persons at a mine.

3. FLOW OF BROKEN ROCK

   Any unplanned or uncontrolled flow of broken rock, mud or slimes in the workings of a mine which may pose a significant risk to the safety of persons at a mine.

4. BREAKDOWN OF MAIN VENTILATION FAN

   Breakdown of any main ventilation fan.

5. POWER FAILURE

   Any power failure occurring in the underground workings of a mine, which poses a significant risk to the health, or safety of persons at a mine.

6. FIRES AND EXPLOSIONS

   Any ignition or explosion of gas or dust, or any fire related to, mining activities or any indication or recrudescence of fire or spontaneous combustion at or in a mine.

7. FLAMMABLE GAS

   The presence of flammable gas exceeding one comma four parts per hundred by volume in the general atmosphere at a mine, or any portion of a mine:

   1. if such flammable gas is detected for the first time; or

   2. the first time such flammable gas is again detected after not having been detected therein for a continuous period of three months.

8. WINDING PLANTS

   1. Running out of control of winding-engine, winding drum or conveyance;
   2. Fracture or failure of any essential part of the winding-engine, fracture or failure of any safety device used in connection with the winding equipment;
   3. Fracture, failure or serious distortion of winding rope, fracture, failure or serious distortion of any connection between the winding rope and the drum or between the winding rope and the conveyance and any other load suspended Form or attached to such rope; fracture, failure or failure or serious distortion of any connection between conveyances or between a conveyance and any suspended or attached load, fracture of guide rope or its connections, fracture of balance or tail rope or its connections;
   4. Fracture or failure of winding or balance sheave; fracture or failure of any essential part of the headgear or other sheave support;
   5. Jamming or accidental overturning of conveyance; conveyance or its load fouling shaft equipment; jamming of crosshead;
   6. Derailing of conveyance;
   7. Conveyance, bridle, frame or crosshead accidentally leaving guides;
   8. Fracture or failure of the braking system or of any critical parts thereof;
   9. Failure to activate when required of any safety catches and/or arresting devices or activation of any safety catches and/or arresting devices when not required;
   10. Failure to activate when required of any overwinding prevention device or activation of such device when not required;
   11. Any overwind or over-run of the conveyance to an extent which may have endangered persons or may have caused damage to the winding equipment;

   12. Failure of depth indicator.

9. LIFTS AND ELEVATORS

   1. Fracture or failure of any essential part of the driving or operating machinery, fracture or failure of any safety device used in connection with lifts or elevators.
   2. Fracture or distortion of the lift or elevator rope, fracture or failure of attachments of such rope.
   3. Fracture or failure of any sheave or of the shaft or shaft bearing of such sheave.
   4. Jamming of car or counterpoise.
   5. Fracture or failure of braking system or of any critical parts thereof.

   6. Failure to activate when required of any safety catches and/or arresting devices or activation of any safety catches and/or arresting devices when not required.

OBJECTS FALLING DOWN SHAFTS

Any object falling down the shaft or any other incident which necessitates the inspection of the shaft.

10. EMERGENCY OR RESCUE PROCEDURES

    1. Any failure of breathing apparatus whilst deployed.

    2. The use of emergency escape apparatus, procedures or rescue mechanisms, or the rescue from entrapment, associated with mining or related activities, of any employee.

11. SELF PROPELLED MOBILE MACHINERY

    Any self-propelled mobile machine running out of control which may pose significant risk to the safety of persons at a mine.

12. BOILERS AND PRESSURE VESSELS

    Fracture or failure of any part of a boiler or safety device of a boiler or pressure vessel which may have endangered persons.

13. CHAIRLIFTS

    1. Fracture or failure of any part or safety device of a chairlift installation which may have endangered persons or may have caused damage to such chairlift installation.
    2. Fracture or failure of any essential part of the driving machinery.

    3. Fracture failure or serious distortion of any rope or chain forming part of a chairlift installation.

14. EXPLOSIVES

    1. Any unauthorised or accidental ignition or detonation of explosives.
    2. Any exposure of persons to blasting fumes which is not reportable in terms of regulation 23.1.
    3. Any detonation of explosives which may pose a significant risk to the safety of persons.

23.5 A dangerous occurrence referred to in regulation 23.4 must be reported immediately by the quickest means available and must be confirmed without delay on Form SAMRASS 1 prescribed in Chapter 21.

23.6 Every employer must ensure that a system is in place whereby the employer is informed, as soon as is practicable after its occurrence, of any accident or dangerous occurrence, which is reportable in terms of this Chapter.

23.7

1. Every employer must keep and maintain a record in which the particulars of all accidents and dangerous occurrences, which are required to be reported in terms of this Chapter, must be recorded without delay.
2. The record contemplated in Regulation 23.7(i) in respect of all accidents or dangerous occurrences must be kept and maintained for two years from the time that the accident or dangerous occurrence becomes reportable.