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TRANSCRIPT
Selected comments on the
development of the South African
mining health and safety legislation
with reference to hazardous areas
and hazardous locations
Jaco Swartz – 25 May 2017
Introduction
1. Short history of the development of health and safety
law within the context of the South African Mining
industry
2. Overview of the legislation insofar as hazardous
locations are concerned
3. Some critical considerations
4. Questions!
Mine Year Fatalities
Coalbrook 1960 437
Kinross 1986 177
Durban Navigation Collieries 1926 125
Vaal Reefs 1995 104
Natal Navigation Collieries 1923 78
New Marsfield Collieries 1935 78
Hlobane Colliery 1938 68
St. Helena Gold Mine 1987 62
Hlobane Colliery 1944 56
Middelbult Colliery 1993 53
Coalbrook ranks in the top ten mining disasters, in
terms of fatalities worldwide!
Pre 1902
Colonial era legislation
Example: The Cape Colony’s Precious Stones and
Minerals Mining Act of 1883
Cape Colony: Pro mining (Cecil John Rhodes Prime
Minister…
Transvaal Republic: Pro landowner, anti uitlander
-Little, not no, concern for health and safety-
1902 – 1910, 4 Crown Colonies
1902 – 1910 era
1905 – 678 Fatalities
Post 1910
Union of South Africa – Central Legislative function
Mines and Works Act, 1911 (But older Regulations…)
Conflict: Labour vs. Capital
“Mining is inherently dangerous both to life and health. Those
who wish to extract anything from under the surface of the
earth by digging a hole must be prepared to devote some of
their resources to safety. It is an unnatural activity giving rise to
unnatural conditions.
But safety measures invariably cost money and the employer
must bear its expenditure. Thus a perpetual conflict of interest
arises between employer and employee as to the nature and
extent of the safety measures that may be considered
reasonably practical and reasonably necessary”.
Mr. Justice JF Marais. Report, Marais Commission
of Inquiry into the Coalbrook disaster
100 Years, 6 Acts1903 - Mines, Works and Machinery Ordinance – Replaced the
ZAR Gold Act
1906 - Mining Regulations – Prescribed the minimum daily dietary
allowance for workers etc.
1911 – Mines and Works Act – Forbearer of the Mine and Works Act
1956, which heavily influenced it, and some of whose Regulations are
still in place today
1956 – Mines and Works Act - Evolution of the Act by the same
name which preceded it, Regulations later became the Minerals Act
Regulations, some of which are still enforced today under Schedule 4
of the MHSA
1991 – Minerals Act – Stated goal of streamlining the management
of minerals and mining in SA through legal consolidation.
1996 – Mine Health and Safety Act – Aligned with international
norms, based on International Labour Organisation’s Safety and
Health in Mining Convention.
Regulations
Acts change, Regulations remain.
Regulation 2.10.2 (In force in terms of Schedule 4)
Manager may not…. …permit any incompetent or
inexperienced workman to be employed on
dangerous work, or work upon the proper
performance of which the safety of person
depends.
- 1925 Mining Regulation Commision- Rubbish!
- 1995 Leon Commission- Rubbish!
BUT IT IS THE LAW
Hazardous areas /
Hazardous Locations
Concept of “Fiery Mine” a part of legislated rules
since inception
Hazardous area defined in Mines and Works Act
Regulations, 1956
In addition, specific rules for “coal mines”
MWAR, 1956MWAR 15.9
15.10Prohibition of open flames
MWAR
20.10Use of light metal devices in hazardous areas without precautions
prohibitedMWAR
21.14.3Flexible/trailing cables in hazardous areas
MWAR
21.14.6.1Flexible trailing cables used in hazardous locations
MWAR
21.15Electrical installations in hazardous areas
MWAR
21.17.1Plans indicating hazardous areas to be kept
MWAR
21.17.2Certification of equipment for use in hazardous areas
MWAR
2.17.3Requirements for test reports
MWAR
2.17.4Duty to forward information to inspectorate
MWAR
21.17.5Certification of repaired equipment
MWAR
21.17.6Information requirements for operation of explosion protected
equipment
Post 1996
MHSAR
10.1Definitions: (including hazardous location, light
metal)
MHSAR
10.1(1)Employer to ensure input by competent person
MHSAR
10.1(2)Measures to be taken to prevent harm in hazardous
locations due to fire, explosion, ignition of gases, dusts,
mists or vapours.
Evolution
Definitions: Some duplication exists; e.g. Light Metal
Hazardous area vs. Hazardous location:
1.Coal Mine, return airway and 180m from working
face,
2.Any other area, risk of igniting gas, dust, vapour…
Vs
1.Underground coal mines 0,5% by volume including
return airway etc.
2.Other mines 0.5% by volume of air
3.Surface operations Classification in terms of SANS
10108
Incorporation of Standards1. SANS ARP
0108
Requirements for explosion protected apparatus
2. SANS 10108 Classification of hazardous locations
3. ARP 0108 Recommended practice, regulatory requirement foe
explosion protected apparatus
4. SANS 1086 Installation, inspection and maintenance of equipment
used in explosive atmospheres
5. SANS 1654 DC powered machines for use in hazardous areas in
mines
6. SANS 868 Compression ignition engine systems
7. SANS 10012 Use of light metals in hazardous locations
Employer vs. Manager
10.1(2) The employer must take reasonably
practicable measures to prevent persons from being
injured in any hazardous location as a result of fire,
explosion or the ignition of gas, dust, mist or vapour.
Historically, Manager and Engineer liable!
Conclusion
Year Combined surface and
underground fatalities
1911 906
1930 584
1993 578
2016 73
Regulation 2.9.2
appoint such persons as may be necessary
assist him in enforcing such observation of
the regulations
Questions?
Jaco Swartz
Managing Director
Legislative Compliance Specialists (Pty.) Ltd.
Tel: 011 704 4814
Fax: 011 704 4381
Mobile: 082 898 9463