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

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

3. Occupational Safety

4. Occupational Safety

5. 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

6. 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
Miscellaneous

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

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

9. Occupational health

10. Occupational health

11. Occupational health

12. CAUSES OF DEATH:

13. 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.

14. 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.

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

16. 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.

17. 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.

18. 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.

19. 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. .

20. 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

21. 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.

22. 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

23. 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

24. 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.

25. 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.

26. Thank You