January sees 3 new MHSA Mandatory Codes of Practice Guidelines and 2 Guidance notes published by the DMR.
In addition, the Occupational Health and Safety Act sees the long awaited Ergonomics Regulations come into power.
| Description | Mine Health and Safety Act, 29 of 1996 | |
| Government Gazette | GG 42956, | |
| Type | Regulation Notice | |
| Date published | 17 January 2020 | |
| Effective date | 1 July 2020 | |
| OHS Act Sites | ||
| MHS Sites | X | |
The Chief Inspector has published 3 Guidelines for Mandatory Codes of Practice in terms of Section 9(2) of the Act:
| Title | Implementation | Notes |
| MCOP – Prevention of flammable gas and coal dust explosions in collieries | 1 July 2020 | Replaces precious version dated 26 July 2018 and the Chief Inspector’s Instruction on Mechanical Miner Ventilation |
| MCOP – Working in confined spaces on mines | 1 July 2020 | First edition. Guideline gives a new definition for confined space.Requires a register listing all confined spaces.Requires confined spaces entry permit.Requires appointment of a manager responsible for all confined space work. |
| MCOP – Management of self-contained self-rescuers on a mine | 1 July 2020 | First edition.References SANS 1737 and Mine Health and Safety Act Regulations Chapter 16. |
All three MCOP’s are to be drafted and finalised by 1 July 2020
| Description | Mine Health and Safety Act, 29 of 1996 | |
| Government Gazette | GG 42956, | |
| Type | Regulation Notice | |
| Date published | 17 January 2020 | |
| Effective date | 1 July 2020 | |
| OHS Act Sites | ||
| MHS Sites | X | |
The Chief Inspector of Mines has published 2 Guidance Notes broadly dealing with HIV in the mining industry. These contain the suggested contents for HIV management programs on mines.
| Title | Implementation | Notes |
| Guidance note on strengthening the HCT (counselling and testing) uptake in the South African mining industry | 1 July 2020 | The guidance note confirms that it sets out good practice. This is not a legally prescribed MCOP. |
| Guidance note for the implementation of HIV self-testing in the South African mining industry | 1 July 2020 | The guidance note confirms that it sets out good practice. This is not a legally prescribed MCOP. |
The effective date for the guidelines is listed as 1 July 2020.
| Description | Occupational Health and Safety Act, Ergonomics Regulations | |
| Government Gazette | GG 42894 | |
| Type | Draft Regulation for Comment | |
| Date published | 6 December 2019 | |
| Effective date | 6 December 2019 | |
| OHS Act Sites | X | |
| MHS Sites | ||
The Minister has published Ergonomics Regulations under the Occupational Health and Safety Act.
Some of the important topics addressed include:
- A person “competent” in ergonomics is mentioned 3 times. The definition of competent person in Regulation 1 is however open for interpretation and not specifically defined in terms of prescribed qualifications, registration or experience.
- Various definitions are added including Ergonomics Risk Assessment and Supplier amongst others.
- Importantly, the scope of the Regulations references both Employers and Self Employed persons and designers, manufacturers, erectors installers and suppliers. This is important, as the obligations placed on what may be referred to as the “manufacturer”, gives the employer an important tool to utilize to limit the extent of its liability under the Regulations to some extent. (Although not absolutely)
- A general responsibility is placed on ensuring information and training regarding ergonomic risks and controls are given to employees. Specific mention is made of the responsibility towards Mandataries. This is of interest insofar as current or future Section 37(2) agreements with mandataries is concerned.
- Training is to be presented by a person “competent” in ergonomic risk factors. This competence is not exactly defined.
- A specific requirement for ergonomics risk assessment is added. This is to be performed by a “competent” person.
- The requirements for risk assessment are quite detailed, and includes reference to procedures, methodologies and record keeping.
- Risk based medical surveillance is covered. This includes the completion of employee questionnaires amongst other specific requirements.
- In terms of record keeping, requirements are stipulated for both assessments and medical records.
The Regulations pose some interesting questions, for example with regards to what would be deemed to be a “competent person”.
While the Regulations do not apply directly in the Mining Environment, mining operations would do well to familiarize themselves with the Regulations, as it is a good indicator of the various elements which should be addressed in a mining ergonomics program.
FOR ANY FURTHER INFORMATION, COMMENTS OR QUERIES, PLEASE DO NOT HESITATE TO CONTACT THE WRITER.
Regards,
Jaco Swartz
Managing Director
Legislative Compliance Specialists (Pty.) Ltd.
011 679 3556
082 898 9463