The main point of interest insofar as Health and Safety legal issues for the month under review is concerned, is the publishing of 4 Mandatory Code of Practice Guidelines under Section 9 of the Mine Health and Safety Act.
In terms of Section 9, a Mandatory Code of Practice must be drafted whenever a Guideline is published by the Chief Inspector.
Amongst other Notices which have an indirect bearing on health and safety legal liability we find Notices dealing with Standards and the COID Act.
| Description | Mine Health and Safety Act, 1996, Mandatory Code of Practice, Minimum Standards of Fitness to Work | ||
| Government Gazette | GG 39656 (GNR 147 ) | ||
| Type | Notice | ||
| Date published | 5 February 2016 | ||
| Effective date | 30 June 2016 | ||
| OHS Act Sites | |||
| MHS Sites | X | ||
The Chief Inspector has published a Guideline for the development and implementation of a Mandatory Code of Practice (“MCOP”) on the minimum standards of fitness to perform work on a mine.
This is not a new MCOP, but a further update of the Guideline originally published in 2003 (the previous updated Guideline was dated 2013)
The Guideline deals with, amongst other issues:
- Specifies the role of Occupational Medical Practitioners in determining fitness to work,
- Allowance for using discretion by Occupational Medical Practitioners,
- Process of declaration of fitness to work to include medical, physical and functional ability,
- Protection of pregnant women. Specific reference is made to the Department of Labour’s guideline in terms of the Basic Conditions of Employment Act.
Current MCOP’s are to be updated and aligned by 30 June 2016.
| Description | Mine Health and Safety Act, 1996, Mandatory Code of Practice, Management of Thermal Stress | ||
| Government Gazette | GG 39656 (GNR 146) | ||
| Type | Notice | ||
| Date published | 5 February 2016 | ||
| Effective date | 1 July 2016 | ||
| OHS Act Sites | |||
| MHS Sites | X | ||
An updated Guideline for the compilation of a Mandatory Code of Practice for an Occupation Health Program for the Management of Thermal Stress has been published. This is an update of the previous Guideline dated 30 October 2015.
Amongst other issues, the Guideline deals with:
- Risk assessment outcomes which will necessitate thermal stress monitoring,
- The identification of employees with significant exposures,
- Incorporation of standards into assessment process, e.g. BS EN 689,
- Requirements for equipment used.
The amended MCOP must be implemented by 1 July 2016.
| Description | Mine Health and Safety Act, 1996, Mandatory Code of Practice, Management of Incapacity to Work | ||
| Government Gazette | GG 39656 (GNR 145) | ||
| Type | Notice | ||
| Date published | 5 February 2016 | ||
| Effective date | 1 July 2016 | ||
| OHS Act Sites | |||
| MHS Sites | X | ||
The Chief Inspector has published a new Guideline for the Compilation of a Mandatory Code of Practice for the Management of Incapacity due to Ill Health and Injury.
This is a new Guideline and must be implemented by 31 May 2016. Also bear in mind that copies of completed and finalised MCOP’s must be forwarded to the DMR.
The Guideline, amongst other issues, requires the following to be considered:
- The impact of the Employment Equity Act on decisions relating to incapacity. This will of necessity include input from Human Reseources practitioners,
- The health and safety impact on an employee, and others, where alternative employment is considered, must be taken into account,
- The definition of disability, which includes self-imposed body adornment,
- Roles of Occupational Medical Practitioners and Occupational Hygiene Practitioners,
- Description of the medical incapacity process, including risk assessment and reduction according to the hierarchy of control,
- System of HR monitoring of absenteeism,
- Determination of mental capability in addition to physical capability,
- Establishment and functioning of the Medical Incapacity Management Committee,
- Incapacity appeals in terms of Section 20 of the Act,
| Description | Mine Health and Safety Act, 1996, Mandatory Code of Practice, Right to refuse Dangerous Work and Leave Dangerous Working Places | ||
| Government Gazette | GG 39656 (GNR 148) | ||
| Type | Notice | ||
| Date published | 5 February 2016 | ||
| Effective date | 1 July 2016 | ||
| OHS Act Sites | |||
| MHS Sites | X | ||
The final new Guideline for the Compilation of a Mandatory Code of Practice deals with the right to refuse dangerous work and the right to leave dangerous working places. This is a new Guideline for implementation on 1 July 2016.
Amongst other issues, the Guideline considers the following:
- Extends the right to leave a dangerous workplace in Section 23 of the Act, as allowance is also made to remain in the workplace but to refuse to perform a dangerous task,
- The stated goal of the MCOP is to elaborate on the procedure to leave a dangerous workplace as required in terms of Section 23(2),
- Risk assessment requirements are defined. A list of the Mine’s major health and safety hazards and risks must be attached and maintained,
- A Mine specific procedure must be included. This includes a requirement for dispute resolution to be addressed,
- Training should specifically be addressed. This includes measures for measuring effectiveness of training, hazard and risk based training, training of persons in implementation and use of refusal procedure,
- Communication of management’s commitment to support the refusal procedure through posters, electronic media, campaigns etc.
| Description | Compensation for Occupational Injuries and Diseases Act, 130 of 1993 | ||
| Government Gazette | GG 39683 (GNR 169) | ||
| Type | Notice | ||
| Date published | 12 February 2016 | ||
| Effective date | 1 April 2016 | ||
| OHS Act Sites | X | ||
| MHS Sites | X | ||
The Minister of Labour has given notice that the maximum amount of earnings for consideration under Section 87 of the COID Act will be adjusted to R 377 097.
| Description | Compensation for Occupational Injuries and Diseases Act, 130 of 1993 | ||
| Government Gazette | GG 39784 (GNR 224) | ||
| Type | Notice | ||
| Date published | 4 March 2016 | ||
| Effective date | 2016 | ||
| OHS Act Sites | X | ||
| MHS Sites | X | ||
A new schedule of rates per industry sector in terms of the COID Act has been published.
| Description | Standards Act, 2008 | ||
| Government Gazette | GG 39636 (GNR 43) | ||
| Type | Notice | ||
| Date published | 29 January 2016 | ||
| OHS Act Sites | X | ||
| MHS Sites | X | ||
- Schedule 1: New Standards
Some of the more important new standards include:
- SANS 50081 -31 :2015 – Safety rules for the installation and maintenance of lifts
- Schedule 2: Amendment of existing standards
Some of the more important amended standards include:
- SANS 10347:2015 – Avoidance of hazards underground in collieries due to lightning
- SANS 1 186-1 :2015 – Symbolic safety signs
- Schedule 3: Cancellation of standards
The following standards have been cancelled
- None
- Schedule 4: Contact details
This has remained unchanged.
FOR ANY FURTHER INFORMATION, COMMENTS OR QUERIES, PLEASE DO NOT HESITATE TO CONTACT THE WRITER OR VISIT OUR WEBSITE AT WWW.LEGALCS.CO.ZA
Regards,
Jaco Swartz
Managing Director
Legislative Compliance Specialists (Pty.) Ltd.
011 704 4814
082 898 9463