Implementation Of The Mine Health and Safety Act 26 August 2009 DEPARTMENT OF MINERALS RESOURCES

Discussion Points Health and Safety Performance Background Amendments Detailed Discussion of Amended Sections Implementation Initiatives Conclusion

Occupational Safety

Occupational Safety

Occupational Safety Injuries Actual Rates Rates % change 2007 2008*   Injuries Actual Rates Rates % change 2007 2008* All mines 3867 3605 3.62 3.20 -11.60 Fall of ground 950 748 0.94 0.70 -25.89 Machinery 286 180 0.29 0.17 -40.97 Transportation and mining 787 701 0.79 0.66 -16.48 General 1671 1805 1.67 1.69 1.31 Conveyance accidents 28 22 0.03 0.02 -28.60 Electricity 36 27 0.04 -29.41 Fires 6 3 0.01 0.00 -52.94 Explosives 37 -5.88 Subsidence/caving 1 Heat sickness 12 Diving sickness 95.48 Miscellaneous 54 0.05 -7.62

Occupational Safety Fatalities Actual Rates Rates % change 2007 2008*   Fatalities Actual Rates Rates % change 2007 2008* All mines 220 171 0.21 0.15 -28.57 Fall of ground 76 57 0.08 0.05 -32.09 Machinery 19 5 0.02 0.00 -75.23 Transportation and mining 47 50 -1.96 General 43 0.04 -19.06 Conveyance accidents 4 -24.70 Electricity 17.65 Fires 2 Explosives 8 0.01 -76.47 Subsidence/caving 1 Heat sickness -5.88 Diving sickness -100.00 Miscellaneous

Occupational Safety Commodity Injuries 01/01/2008 - 24/08/2008 01/01/2009 - 24/08/2009 % Change Total 2620 2261 -14 Gold 1396 917 -34 Coal 218 124 -43 Platinum 820 1099 34 Other 186 121 -35

Occupational Safety Commodity Fatalities* 01/01/2008 - 24/08/2008 01/01/2009 - 24/08/2009 % Change Total 110 113 3 Gold 60 51 -15 Coal 13 9 -31 Platinum 23 30 Other 14 64

Occupational health

Occupational health

Occupational health

CAUSES OF DEATH: 2003 - 2007

Health and Safety Research Elimination of Silicosis Elimination of Noise induced hearing loss (NIHL) Rockfalls and Rockburst OHS Culture Framework for the mining industry Trackless Mobile Machinery.

Background 16 May 2008-Bill published in Government Gazette published for public comment 2 June 2008-Bill certified and submitted into the parliamentary processes Bill finalised and approved by National Assembly in November 2008. Assented into law by State President on 16 April 2009. Proclaimed and came into operation on 30 May 2009.

Key Amendments Training record to be kept; Employer investigations; Permanent committees of the MHSC Health and Safety management system Administrative fines increased from R200 000-R1million. Offences-applicable to the Employer

Training records Amendment This amendment requires the employer to keep record of training provided in terms of this Act. Rationale The provision of proper and regular training to employees would indeed go a long way in improving health and safety standards at mines. the keeping of records of all training provided in terms of section 10 would certainly assist with respect to the enforcement of this section.

Employer Investigation Amendment This amendments introduces time frames with respect to the initiation and completion of investigations conducted by employers in terms of section 11(5). Employer to commence the investigations within 10 days of the accident or occurrence under investigation; Report thereof to be prepared and delivered to the Inspectorate within 30 days Rationale The sooner accident investigation are initiated and completed would greatly increase the chance of learning from the finding and preventing similar accident, thereby improving health and safety at mines.

Occupational Medical Practitioners Amendment The effect of the amendments to section 13 means that mines can no longer engage the services of a general medical practitioner. Only occupational medical practitioners may be used at mines. Rationale The skill requires to deal with health issues at mines requires the services of an occupational medical practitioner.

Exit medical examinations Amendment The amendment limits the time within which exit examinations must be conducted Rationale The effect of this amendment would ensure that employees do not have to wait indefinitely before their exit examinations are conducted. .

Council Committees Amendment This amendment empowers the Council to establish its own committees informed by sectoral challenges and needs. Rationale Improve governance and effectiveness of the MHSC in giving advice to the Minister

Mine Inspectorate Amendment The amendment under this section establishes the Mine Health and Safety Inspectorate as a juristic person. Rationale To address capacity challenges that beset the regulator this allowing the state to effective regulate health and safety conditions at mines.

Administrative fines Amendment The proposed amendments are intended to simplify the system of issuing administrative fines. Effect/Rationale Provide effective provision to drive compliance with OHS Standards

Offences Amendment Section 91 of the Act provides for offences order the Act. The proposed amendments seek to extend the application of the provisions of section 91 to include employers. Effect/Rationale To extend the application of offences to corporate bodies

Implementation Initiatives Management met to develop an implementation plan. Plan focuses on implications for the Department, Council and the industry. OHS management system development well underway Guideline for the implementation of the new fine system is being developed. An enforcement of guideline is being reviewed to address the new requirements. Workshops are planned in the regions to popularise the Act. Presentation at industry seminars have been done.

Conclusion Section 86 and 50 were discussed with all stakeholders under the leadership of the Director General. We would like to bring the Bill to the Committee for deliberations and finalisation.

Thank You